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RA 9344 JUVENILE JUSTICE AND WELFARE ACT iv.

The CICL does not qualify for diversion


- Took effect on May 20, 2006. v. The child, his parents or guardian does not
- Modified on Oct. 3, 2013 by RA 10360 agree to diversion
- Modified the ff. provisions of the RPC: vi. Diversion is not appropriate upon assessment
i. Article 68(1) – repealed in effect because the of the SWDO
minor 15 or below is now absolutely exempt
from criminal liability Diversion Program – It refers to the program that the
ii. Article 12(2) – the age of absolute criminal child in conflict with the law is required to undergo after
irresponsibility is increased from 9 to 15 he/she is found responsible for an offense without
resorting to formal court proceedings.
iii. Article 12(3) – for ages 15 or under, they are
not only qualifiedly, but are now absolutely Initial Contact With-the Child – It refers to the
exempted from criminal liability apprehension or taking into custody of a child in conflict
with the law by law enforcement officers or private
Aside from exemption from liability due to minority,
citizens, which includes subpoena or summons.
children under 18 are exempt from the ff offenses:
- Status offenses or any conduct not
Intervention - It refers to a series of activities which
considered an offense and not penalized if
are designed to address issues that caused the child to
committed by an adult like drinking liquor or commit an offense. It may take the form of an
violation of curfew hours individualized treatment program which may include
- Vagrancy and prostitution counseling, skills training, education, and other
- Mendicancy activities that will enhance his/her psychological,
- Sniffing of Rugby emotional and psycho-social well-being.

NOTE: The child shall undergo appropriate counseling Bahay Pag-asa – It refers to a 24-hour child-caring
and treatment program institution established, funded and managed by local
government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs)
Child – It refers to a person under the age of 18 years. providing short-term residential care for children in
conflict with the law who are above fifteen (15) but
Child at Risk – It refers to a child who is vulnerable to below eighteen (18) years of age who are awaiting
and at the risk of committing criminal offenses because court disposition of their cases or transfer to other
of personal, family and social circumstances. agencies or jurisdiction.

Child in Conflict with the Law – It refers to a child Minimum Age of Criminal Responsibility – A child
having committed an offense under Philippine laws. fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from
Diversion - It refers to an alternative, child-appropriate criminal liability. However, the child shall be subjected
process of determining the responsibility and treatment to an intervention program. A child is deemed 15 years
of a child in conflict with the law on the basis of his/her of age on the 15th anniversary of his birthday.
social, cultural, economic, psychological or educational
background without resorting to formal court A child above fifteen (15) years but below eighteen
proceedings. (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention
Its conditions are: program, unless he/she has acted with discernment, in
i. CICL is over 15 but under 18 which case, such child shall be subjected to the
ii. He acted with discernment and appropriate proceedings in accordance with this Act.
iii. The imposable penalty is
- Not more than 6 years (mediation, family Determination of Age – The age of a child may be
conferencing, and conciliation with a law determined from:
enforcers or Punong Brgy. With the a. Birth certificate
assistance of the SWDO b. Any other pertinent documents
- Not more than 6 years and victimless c. Information from the child himself
d. Testimonies of other persons
(diversion and rehabilitation program by
e. Physical appearance of the child and other
SWDO)
relevant evidence
- More than 6 years (diversion measures by
court) Children Below the Age of Criminal Responsibility
- Max. penalty imposed by law not more – If it has been determined that the child taken into
than 12 years regardless of fine, or fine custody is fifteen (15) years old or below, the
only regardless of amount (court authority which will have an initial contact with the child,
determines if diversion appropriate) in consultation with the local social welfare and
development officer, has the duty to immediately
release the child to the custody of his/her parents or
guardian, or in the absence thereof, the child’s nearest
relative. The child shall be subjected to a community-
based intervention program supervised by the local
social welfare and development officer, unless the best
interest of the child requires the referral of the child to
a youth care facility or ‘Bahay Pag-asa’ managed by
LGUs or licensed and/or accredited NGOs monitored
by the DSWD.

If the child has been found by the local social welfare


and development officer to be dependent, abandoned,
neglected or abused by his/her parents and the best
interest of the child requires that he/she be placed in a
youth care facility or ‘Bahay Pag-asa’, the child’s
parents or guardians shall execute a written
authorization for the voluntary commitment of the child.
Provided, that if the child has no parents or guardians
or if they refuse or fail to execute the written
authorization for voluntary commitment, the proper
petition for involuntary commitment shall be
immediately filed by the DSWD or the Local Social
Welfare and Development Office (LSWDO) pursuant to
Presidential Decree No. 603, as amended, otherwise
known as ‘The Child and Youth Welfare Code’ and the
Supreme Court rule on commitment of children.
Provided, further, that the minimum age for children
committed to a youth care facility or ‘Bahay Pag-asa’
shall be twelve (12) years old.