SALIENT FEATURES OF THE

JUVENILE JUSTICE AND

WELFARE ACT (RA 9344 AS
AMENDED BY RA 10630)
Criminal Justice System
Applicable to Children before the
Enactment of RA 9344

 Adult-oriented system

 No diversion or child sensitive intervention

 Perpetuated the stigma of criminality

 Children became vulnerable to all kinds of abuses

during arrest and detention
Juvenile Justice and Welfare Act
of 2006 (RA No. 9344)

 RA 9344 took effect on May 20, 2006

 Recognized as a landmark child protection law in Asia

 Established a comprehensive and child-sensitive

justice system

 R.A. 9344 raised the minimum age of criminal

responsibility from nine (9) years old to 15 years old.
Definition of Terms

a. “Best Interest of the Child” – refers to the

totality of circumstances and conditions that are
most beneficial for the survival, protection and
feelings of security of the child

b. “Child” – refers to a person under the age of

eighteen (18) years

c. “Child who is above twelve (12) years of

age” – refers to a child who is at least twelve (12)
years and one (1) day old
Definition of Terms

d. “Child who is above fifteen (15) years of age

– refers to a child who is at least fifteen (15)
years and one (1) day old.

e. “Child at Risk” or “CAR” refers to children who

are vulnerable or at risk of behaving in a way that
can harm themselves or others, or vulnerable and
at risk of being pushed and exploited to come into
conflict with the law because of personal, family
and social circumstances --
 abused, exploited, abandoned;
 coming from a dysfunctional or broken family or
being without a parent or guardian;
 out of school; street child; member of a gang;
Children at Risk

 living in a community with a high level of criminality or

drug abuse;
 living in situations of armed conflict

 those children who violate the ordinances enacted by

local governments, concerning juvenile status offenses
enumerated in Section 57-A of the Act, such as, but not
limited to, curfew violations, truancy, parental
disobedience, anti-smoking and anti-drinking laws, as
well as light offenses and misdemeanours against public
order or safety such as, but not limited to, disorderly
conduct, public scandal, harassment, drunkenness,
public intoxication, criminal nuisance, vandalism,
gambling, mendicancy, littering, public urination, and
trespassing.
Children-at-Risk also includes those who commit any of the
following:
Status offenses under Section 57 of the Act;
Prostitution under Section 202 of the Revised Penal Code,
as amended;
Mendicancy under Presidential Decree No. 1563; and
Sniffing of rugby under Presidential Decree No. 1619.

e. “Child in conflict with the law” or “CICL”

refers to a child who is alleged as, accused of,
or adjudged as, having committed an offense
under Philippine laws
Declaration of State Policies

 Role of children and youth in nation-building

 Child’s well-being
 Best interests of the child
 Child’s sense of dignity and worth
 Principles of restorative justice
 Institutionalization as a measure of last resort
Rights of a CICL
 No torture or other cruel, inhuman or degrading
treatment or punishment
 No capital punishment or life imprisonment,
without the possibility of release
 No unlawful deprivation of liberty, detention or
imprisonment being a disposition of last resort,
and which shall be for the shortest appropriate
period of time
 Humane treatment and respect for the inherent
dignity of the person, and in a manner which takes
into account the needs of a person appropriate to
their age
 Separation from adult
 Hearing in a separate holding area
Rights of a CICL
 Maintain contact with family through
correspondence and visits, save in exceptional
circumstances
 Prompt access to legal and other appropriate
assistance, as well as the right to challenge the
legality of the deprivation of liberty before a Court
or other competent, independent and impartial
authority, and the right to a prompt decision in
such action
 Bail and recognizance
 Testify as a witness for his or her own behalf,
under the Supreme Court Rule on the Examination
of a Child Witness
 Privacy at all stages of the proceedings
Rights of a CICL
 Diversion, if the child is qualified and voluntarily
avails of the same
 Receive judgment, where the penalty is
proportionate to the gravity of the offense,
consistent with the principle of restorative justice
 Restrictions on personal liberty limited to a
minimum, and where discretion is given by law to
the Judge to determine whether to impose a fine
or a term of imprisonment, the imposition of a fine
shall be preferred as the more appropriate penalty
 Automatic suspension of sentence
 Probation as an alternative to imprisonment, if
qualified under the Probation Law
Rights of a CICL
 Exemption from perjury, concealment or
misrepresentation

 Other rights under existing laws, rules and

regulations

 Beijing Rules, Riyadh Guidelines and Rules on JDL

are adopted
Establishment of a Juvenile
Justice and Welfare Council

 JJWC is a policy-making, coordinating and

monitoring body tasked with the implementation of
the Juvenile Justice and Welfare Act, as amended,
through its member and coordinating agencies

 Regional Juvenile Justice and Welfare Committees

(RJJWCs) to be established in all 17 regions
(implementation of the law at the regional and
local levels)
RA 10630: took effect on November 7, ’13

Clamor from various sectors to lower the age of

criminal responsibility starting 2 years after RA 9344
took effect

Caused mostly by fear in relation to youth crimes

Heightened by media treatment on high profile cases

Mostly improper implementation of the law

RA 10630: Salient Features

 Minimum age of criminal responsibility retained at 15

years old

 Clarified procedures for children including those below

MACR including those who commit serious offense

 Establishment of Bahay Pag-Asa and Intensive

Juvenile Intervention and Support Center and 400M
appropriation

 Provision on victim assistance and emphasis on

participation in the processes
RA 10630: Salient Features

 Children exempt from punishment of violation of

ordinances protecting them

 Maximum penalty imposed on those who exploit

children to commit crime

 Child-sensitive proceedings that emphasize

community-based interventions and with detention as
last resort
Age of Criminal Responsibility

 The MACR is 15 years old

 A child below 15 years old or below is exempt from
criminal liability

 A child is deemed to be 15 years of age on the day of

the fifteenth anniversary of his/her birth date

 Not exempt from civil liability

 Joint parental responsibility

 Minimum age for children committed in youth care

facility of Bahay Pag-asa is 12 years old
Age of Criminal Responsibility

 Child below 15 years old:

 Exempt from criminal liability
 Shall be subjected to an intervention program

 Child above 15 years old but below 18 years old:

 Without discernment: exempted from criminal
liability; shall be subjected to intervention program
 With discernment: shall be subjected to diversion if
imposable penalty is 6 years and if child is qualified
 With discernment and Imposable penalty is above 6
years: shall be subjected to inquest
proceedings/preliminary investigation
Procedures cover different
categories of children

 12 to 15 years old who are neglected,

abandoned & abused;
 Above 12 to 15 years old who committed a
serious crime listed in the Act;
 Above 12 to 15 years old but reported for
repetition of offenses;
 Above 15 years but below 18 years of age who
acted without discernment; and
 Above 15 years but below 18 years of age who
acted with discernment.
Procedures cover different
categories of children

 12 to 15 years old who are neglected,

abandoned & abused;
 Above 12 to 15 years old who committed a
serious crime listed in the Act;
 Above 12 to 15 years old but reported for
repetition of offenses;
 Above 15 years but below 18 years of age who
acted without discernment; and
 Above 15 years but below 18 years of age who
acted with discernment.
Sec. 20: 12 to 15 years old CICL
who are Neglected, Abandoned
and Abused
 Authority having initial contact with the child, in
consultation with the LSWDO, shall immediately
release the child to custody of parents or guardian, or
in the absence thereof, the child’s nearest relative.
 The child shall undergo a community-based
intervention program supervised by the LSWDO
 Unless the LSWDO finds the child to be abandoned,
neglected or abused by parents and the best interest of
the child requires referral to a youth care facility or
‘Bahay Pag-asa’ managed by LGUs or licensed
and/or accredited NGOs monitored by the DSWD
Sec. 20: 12 to 15 years old CICL
who are Neglected, Abandoned
and Abused
 The minimum age for children committed to a youth
care facility or ‘Bahay Pag-asa’ shall be twelve (12)
years old

 Requirements for commitment –

o A written authorization for the voluntary commitment of
the child executed by parents or guardian; or
o If child has no parents or guardians or if they refuse or fail
to execute the written authorization for voluntary
commitment, a petition for involuntary commitment shall
be immediately filed by the DSWD or LSWDO
Procedures cover different
categories of children

 12 to 15 years old who are neglected,

abandoned & abused;
 Above 12 to 15 years old who committed a
serious crime listed in the Act;
 Above 12 to 15 years old but reported for
repetition of offenses;
 Above 15 years but below 18 years of age who
acted without discernment; and
 Above 15 years but below 18 years of age who
acted with discernment.
Sec. 20-A: Serious Crimes
Committed by Child above 12 up
to 15 years old
Child commits
 parricide
 murder
 infanticide
 kidnapping and serious illegal detention where the victim is
killed or raped
 robbery with homicide or rape
 destructive arson
 rape
 carnapping where the driver or occupant is killed or raped
 offenses under Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by more than
twelve years of imprisonment
Sec. 20-A: Serious Crimes
Committed by Child above 12 up
to 15 years old

 Shall be deemed a neglected child under PD 603,

as amended, and shall be mandatorily placed in a
special facility within the youth care facility or ‘Bahay
Pag-asa’ called the Intensive Juvenile Intervention
and Support Center (IJISC)

 Minimum duration of placement is 1 year

Sec. 20-A: Serious Crimes
Committed by Child above 12 up
to 15 years old
 Who files the petition for involuntary commitment
and placement under the IJISC?
o LSWDO of the LGU where the offense was committed, or
o DSWD social worker (in absence of LSWDO)
 When to file?
o Within 24 hours from the time of the receipt of a report on the
alleged commission of the crime by the child
 Within what period shall the court decide on the
petition?
o Within seventy-two (72) hours from the time the petition is filed by
the DSWD/LSWDO.
 Who determines how long the placement with IJISC
should be?
o The court will determine the initial period of placement which shall
not be less than one year.
Procedures cover different
categories of children

 12 to 15 years old who are neglected,

abandoned & abused;
 Above 12 to 15 years old who committed a
serious crime listed in the Act;
 Above 12 to 15 years old but reported for
repetition of offenses;
 Above 15 years but below 18 years of age who
acted without discernment; and
 Above 15 years but below 18 years of age who
acted with discernment.
Sec. 20-B: Above 12 to 15 years
old with Repetition of Offenses

 When does this provision apply?

A child is above 12 up to 15 years of age,

 Who commits an offense for the second time or

oftener, and

 Whowas previously subjected to a community-

based intervention program.
 Sec. 20-B: Above 12 to 15 years
old with Repetition of Offenses

 What is the effect of those circumstances?

 Child is deemed neglected child under PD 603
 Childshall undergo an intensive community-based
intervention program supervised by the LSWDO
 Ifchild’s best interest requires that s/he be placed in a
youth care facility or ‘Bahay Pag-asa’,
o the child’s parents or guardians shall execute a written
authorization for the voluntary commitment of the child
o If the child has no parents or guardians or if they refuse or fail
to execute the written authorization for voluntary commitment,
a petition for involuntary commitment shall be immediately filed
by the DSWD or the LSWDO pursuant to PD 603
Sec. 20-C: Exploitation of
Children for the Commission of
Crime
 Any person who, in the commission of a crime, makes
use, takes advantage of, or profits from the use of
children

 Including any person who abuses his/her authority

over the child or who, with abuse of confidence, takes
advantage of the vulnerabilities of the child and shall
induce, threaten or instigate the commission of the
crime

 Shall be imposed the penalty prescribed by law for the

crime committed in its maximum period.
Procedures cover different
categories of children

 12 to 15 years old who are neglected,

abandoned & abused;
 Above 12 to 15 years old who committed a
serious crime listed in the Act;
 Above 12 to 15 years old but reported for
repetition of offenses;
 Above 15 years but below 18 years of age who
acted without discernment; and
 Above 15 years but below 18 years of age who
acted with discernment.
Children above 15 years old

 Without discernment (S 20 of RA 9344)

 Immediately release to parents/guardian or nearest
relatives in absence thereof
 Or above refused or cannot be located, child shall
be released to registered NGO, barangay official or
BCPC member, LSWDO or DSWD
 LSWDO shall determine the appropriate programs in
consultation with the child and person having
custody
 Petition for involuntary commitment if child is
abandoned, neglected or abused or parents will not
comply with the intervention program
Procedures cover different
categories of children

 12 to 15 years old who are neglected,

abandoned & abused;
 Above 12 to 15 years old who committed a
serious crime listed in the Act;
 Above 12 to 15 years old but reported for
repetition of offenses;
 Above 15 years but below 18 years of age who
acted without discernment; and
 Above 15 years but below 18 years of age who
acted with discernment.
Children above 15 years old

 With discernment (RA 9344 provisions)

 if offense has imposable penalty of 6 years and
below
 Diversion at the following levels:

 Katarungang Pambarangay
 Law enforcement
 Prosecutor
 LSWDO if victimless crime

 If offense has imposable penalty of above 6 up to

12 years diversion may be applied at the court level

 If above 12 years imposable penalty – court case

Intervention

 Refers to programmatic approaches or systematic

social protection programs for children.

 Community-based programs shall be the primary

mode of intervention.

 Can be implemented in different settings

 Shall also be provided for the victim and victim’s

family

 LSWDO to ensure that the needs of the victims are

properly addressed.
Factors in Determining Appropriate
Intervention Programs

1. Personal circumstances of the child

2. Needs of the child

3. Family and social background of the child

4. Influence of the family and environment on

the child’s growth
Factors in Determining Appropriate
Intervention Programs

5. Ability and willingness of parents to guide and

supervise
6. Nature and circumstances of the offense
charged
7. Availability of community based programs for
intervention
8. Best interest of the child
Additional factors to be considered in
determining whether DIVERSION is
appropriate

1. Nature and circumstances of the offense

charged
2. Frequency or severity of the act
3. Personal circumstances of the child
4. Influence of family and environment of the
child
Additional factors to be considered in
determining whether DIVERSION is
appropriate

5. Reparation of injury to victim

6. Safety of community
7. Weigh of evidence against the child
8. Best interest of the child
Factors in the formulation of Diversion
Program

1. Feelings of remorse
2. Ability of parents or legal guardians to guide
and supervise
3. Victim’s view about the propriety of the
measure to be imposed, and
4. Availability of community based programs
for rehabilitation and reintegration of the
child.
 Conduct of Diversion
Diversion may be conducted at the:
a. Katarungang Pambarangay by the Punong
Barangay

b. Police investigation by the law enforcer/ police

c. Inquest of Preliminary Investigation by the

Prosecutor (imposable penalty is not more than 6
years)

d. Court level by the Judge (imposable penalty is more

than 6 but does not exceed 12 years)
 Termination of Diversion Proceedings

1. Contract of diversion has been entered into;

2. 45-day period has lapsed without reaching
an agreement;
3. Diversion is found to be inappropriate;
4. Child/parents or guardians do not consent to
diversion.
Bahay Pag-asa

 A 24 hour child-caring institution, established, funded

and managed by LGUs and/or accredited NGOs
providing short term residential care for children in
conflict with the law

 IJISC or Intensive Juvenile Intervention and Support

Center is part of the required feature of the Bahay
Pag-Asa. It will address the needs of CICL below
MACR but requires an intensive intervention program
for children under Sec 20, 20A & 20B
Bahay Pag-asa

 A Multi-Disciplinary Team composed of a social

worker, a psychologist/mental health professional, a
medical doctor, an educational/guidance counselor
and a Barangay Council for the Protection of Children
(BCPC) member shall operate the Bahay Pag-asa

 Team will work on individualized intervention plan

with the child and the child’s family.

 Each province and highly-urbanized city (the LGUs)

shall be responsible for building, funding and
operating a ‘Bahay Pag-asa’ within their jurisdiction
Bahay Pag-asa

 The JJWC in partnership with, but not limited to,

the DSWD, the DOH, the DepED and the DILG, will
develop and set the standards for the
implementation of the multi-disciplinary
intervention program of the IJISC. Upon
institutionalization of the IJISC program, the JJWC
will continue to monitor and provide technical
assistance to the multi-disciplinary teams operating
the said centers.
SEC. 20-D. Joint Parental
Responsibility.
 Based on the recommendation of the multi-
disciplinary team of the IJISC, the LSWDO or the
DSWD, the court may require the parents of a child in
conflict with the law to undergo counseling or any
other intervention that, in the opinion of the court,
would advance the welfare and best interest of the
child.
Meaning of ‘parents’

(a) Biological parents of the child; or

(b) Adoptive parents of the child; or

(c) Individuals who have custody of the

child.
Assistance to Victims of
Offenses Committed by Children

 The victim of the offense committed by a child and

the victim’s family shall be provided the appropriate
assistance and psychological intervention by the
LSWDO, the DSWD and other concerned agencies
(Sec 20E)
Confidentiality of Records and
Proceedings

All records and proceedings involving children in conflict

with the law from initial contact until final disposition of
the case shall be considered privileged and confidential.

Records of a child in conflict with the law shall not be

used in subsequent proceedings for cases involving the
same offender as an adult, except when beneficial for
the offender and upon his/her written consent.
Exempting Provisions
 Exemption from Punishment from Local Ordinances

Ordinances enacted by local governments shall be for the

protection of children
o status offenses such as, but not limited to, curfew
violations, truancy, parental disobedience, anti-
smoking and anti-drinking laws

o light offenses and misdemeanors against public

order or safety such as, but not limited to, disorderly
conduct, public scandal, harassment, drunkenness,
public intoxication, criminal nuisance, vandalism,
gambling, mendicancy, littering, public urination, and
trespassing
Exemption from Punishment from Local Ordinances

2.No penalty shall be imposed on children for said

violations.
3.Appropriate intervention programs shall be provided
for in such ordinances.
4.They shall be brought to their residence or to any
barangay official at the barangay hall to be released to
the custody of their parents.
5.The child shall also be recorded as a ‘child at risk’ and
not as a ‘child in conflict with the law’.
Exempting Provisions

 Offenses Not Applicable to Children

Exemption from Prosecution
• Prostitution
• Mendicancy
• Sniffing of Rugby

 Exemption from the Application of the Death Penalty

Prohibited Acts

a. Employment of threats of whatever kind and

nature;

b. Employment of abusive, coercive and punitive

measures;

c. Employment of degrading, inhuman and cruel

forms of punishment;

d. Compelling the child to perform involuntary

servitude in any and all forms under any and all
instances.
Penalty of Violation of RA 9344
as amended by RA 10630

 Fine of Php 20,000 to Php 50,000

 Imprisonment of 8 to 10 years

 Both fine and imprisonment

 Perpetual absolute disqualification, if a public

officer or employee
Mandatory Registry of Children

 All duty-bearers, including barangay/BCPC workers,

law enforcers, teachers, guidance counselors, social
workers and prosecutors who will receive report,
handle or refer cases of children in conflict with the
law shall ensure a faithful recordation of all pertinent
information of all CICL and CAR

 Shall be without prejudice to the provision on

Confidentiality of Records and Proceedings

 Information about individual CICL in the information

management system shall not be used in any legal
and/or administrative proceedings against the CICL
Thank You!!