REPUBLIC ACT NO.

9344
Juvenile Justice and
Welfare Act of 2006
An act establishing a comprehensive juvenile
justice and welfare system, creating the juvenile
justice and welfare council under the
department of social welfare and development,
appropriating funds therefor and for other
purposes.

STATE POLICY
state recognizes the vital role of children
and youth in nation building
State shall protect the best interests of the
child through measures that will ensure
the observance of international standards
of child protection, especially those to
which the Philippines is a party

 State likewise recognizes the right of

children to assistance, including proper
care and nutrition, and special protection
from all forms of neglect, abuse, cruelty
and exploitation, and other conditions
prejudicial to their development.

COVERAGE OF THE LAW

Children in Conflict with the Law
(CICL)
children who are alleged, accused of or
adjudged of or adjudged as having
committed an offense under Phil. Laws

Children-At-Risk
refers to children who are vulnerable to
and at the risk of committing criminal
offenses because of personal, family and
social circumstances

EXEMPTIONS FROM
CRIMINAL LIABILITY
A child exactly 15 years old or below
A child above 15 years old but below 18
years old who acted WITHOUT
DISCERNMENT
Children who commit Status Offenses

Status Offenses

Vagrancy
Prostitution
Violation of Curfew Ordinance
Sniffing of Rugby

RIGHTS OF THE CHILD

a. Right to be treated with humanity and
respect;
b. Right not to be subjected to torture, cruel
or inhuman treatment;
c. Right to bail or recognizance;
d. Right to privacy;
e. Right to probation, if qualified;
f. Right to diversion, if qualified;

g. Right to automatic suspension of

sentence;
h. Right not to be deprived
arbitrarily of his liberty or
restricted more than as
necessary;
i. Right to be separated from adult
offenders;
j. Right to maintain contact with his
family
k. Right not be imposed the death
sentence

INITIAL CONTACT
WITH THE CHILD
Refers to the the apprehension or
taking into custody of a child in
conflict with the law by law
enforcement or private citizens

PROCEDURE FOR TAKING

CHILD CUSTODY
From the moment the child is taken into
custody, the law enforcement officer
shall:
1. IDENTIFY himself;
2. EXPLAIN to the child why he is taken
into custody; the offense committed; and
his rights earlier enumerated.

The following should be avoided:

use of vulgar language, display of
instruments of force, subjecting the
child to restraint than is necessary,
use of violence or unnecessary force.
3. NOTIFY the parents/guardians, local or
DSWD social worker, and the PAO, not
later than 8 hours from the time the child
is taken into custody;

4. Immediately DETERMINES the age of the

child by securing his birth/baptismal
certificate, school records or other pertinent
documents, or by interviewing the child or
persons who have knowledge, by physical
appearance, etc.
5. TAKE the child to a medical officer for a
physical and mental examination;
6. TURN OVER the child to the local/DSWD
social worker within 8 hours after he is
taken into custody

INITIAL INVESTIGATION
The statement shall be taken in the presence
of:
a. the childs lawyer or the PAO lawyer;
b. childs parents, guardians or nearest
relative, representative of an NGO,
religious group or member of the BCPC;
and
c. the social worker.
Statement shall be signed by the child,

The initial investigation shall record the

following:
a.

whether handcuffs or instruments of

restraint were used; if so, the reason
therefore;
b. that parents/guardians, social worker and
PAO have been notified of apprehension
and details thereof;
c. exhaustion of measures in determining
the age of the child, details of physical
and medical examination or failure to do
so

Thereafter, the CICL is turned over to the

local/DSWD social worker for:
a. INTERVENTION where the child is
15 years old or below
b. DETERMINATION OF
DISCERNMENT- where the child is
above 15 but below 18 years old

INTERVENTION
a series of activities designed to address
issues that caused the child to commit
an offense.
Primary Intervention - which includes
measures to promote social justice an
equal opportunity which more often than
not is the root cause for the commission of
crimes;

Secondary Intervention which includes

measures to assist children at risk; and

Tertiary Intervention which includes

measures to avoid unnecessary contract
with the formal justice system and measures
to avoid re-offending such as diversion,
rehabilitation and reintegration programs.

INTERVENTION
where the child is 15 and below in
which case the social worker shall
immediately turn over the child to his
parents/guardians and the appropriate
intervention is determined in
consultation with the child and the
parents/guardians.

INTERVENTION
If parents/guardians could not be
located, the child may be released
to a
(1)Registered Non-Governmental or
Religious organization;
(2) Member of a Barangay Council for the
Protection of Children (BCPC),
(3)Local social worker; and
(4)in the absence of the enumeration, to
the DSWD

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

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

DIVERSION
an alternative, child-appropriate process
of determining the responsibility and
treatment of a child in conflict with the
law on the basis of his/her social,
cultural, economic, psychological or
educational
background
without
resorting to formal court proceedings

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
on the child

5. reparation of injury to victim

6. safety of community
7. weight of evidence against the
child
8. best interest of the child

Who Undergoes Diversion?

CICL above fifteen (15) years but below
eighteen (18) years of age who acted with
discernment
Children who are 15 years old and below
who committed an offense
Diversion is the same a Tertiary
Intervention

Venues Of Diversion
Barangay, Police, Prosecutor Level
If offense has imposable penalty of not more
than six (6) years of imprisonment

Court
If the imposable penalty of more than six (6)
years of imprisonment

The officer conducting the diversion

proceedings shall:
a. explain to the parties the objectives and
value of diversion and consequences of
not undergoing diversion;
b. Ask the child the circumstances which
led him to the commission of the offense,
his motives or purpose ;
c. take the personal circumstances of the
child including that of his parents and
family;

d. make
the
child
understand
the
consequences of his act and his
corresponding responsibilities therefor;
e. Ensure that the child understands and
realizes his accountability, is remorseful
and will take on the responsibility of
repairing the harm done.

Contract of Diversion
Child voluntarily admits commission of the
act
Victim and offender must both agree to
diversion

Diversion Program
must be in writing signed by parties &
concerned authorities
Local Social Welfare Officer
implements/supervises the Diversion
Program
Diversion proceedings to be completed in
45 days

 Child must present himself/herself at least

once a month for reporting & evaluation
Failure to comply w/ the terms and
conditions of DP as certified by the
LSWDO, victim has the option to institute
appropriate legal action

Formulation of the Diversion

Program
An individualized treatment
Consider the following factors:
1.
Childs feelings of remorse for the offense he
or she committed
2.
Parents or legal guardians ability to guide
and supervise the child
3.
Victims view about the propriety of the
measures to be imposed
4.
Availability of community-based programs
for rehabilitation and reintegration of the child

KINDS OF DIVERSION
PROGRAMS
1. PUNONG BARANGAY LEVEL
a.
b.
c.
d.
e.

Restitution of property
Reparation of damage caused
Indemnification for consequential damages
Written or oral apology
Care, guidance and supervision orders

f. Training, seminars and lectures on

anger management
values formation
problem solving
skills that will aid the child in dealing with
the situation which can lead to repetition

g. Participation in community based program,

education, vocation and life skills program

2. LAW ENFORCER AND PROSECUTOR

a. DPs specified under (1)(a) to (1) (g);
and
b. Confiscation and forfeiture of the instruments
of the crime
3. COURT LEVEL
a. DPs specified under (1)(a) to (1) (g);
b. written or oral reprimand or citation
c. fine
d. payment of cost of proceedings or
e. institutional care and custody

DISCHARGE
Upon recommendation of Social Worker
with custody of Child,
Court dismisses Case, Orders Final
Discharge of CICL if Objectives of
disposition measures fulfilled
Discharge does not affect civil liability
enforced in accordance with law

Confidentiality of Records,
Proceedings
Non-disclosure of records to media
Separate police blotter
Coding to conceal identity
Non-use of records in other proceedings
except beneficial to CICL with written
consent
No liability of child for perjury not
disclosing being CICL

REHABILITATION
Community-based, Center-based
Court Order, hearing required for
admission
Gender Sensitivity Training for Personnel
Separate Facilities from Adults
Competency, Life Skills Development /
socio-cultural, Recreational Activities /
Community Volunteer Projects /
Leadership Training

 Special Attention for female CICL (All-Female

Team) Separate from male
Social, Home Life, Health Services / Spiritual
Enrichment / Community, Family Welfare
Services

Center-Based Rehabilitation
24-hour group care
Youth Rehabilitation / Training Centers
(must have registration) established by
DSWD
Youth Detention Homes by LGUs or
Licensed, Accredited NGOs
Sharing of Costs (1/3 Municipal
Provincial National) For Care,
Maintenance of CICL

Community-Based Programs
Direct Service
Prevents Disruption of education,
separation of child from family
Facilitates Rehabilitation and
Reintegration
To minimize stigma to child
Each LGU to establish program

AFTERCARE
CICLs whose cases were dismissed due
to good behavior as recommended by SW
Discharge from rehabilitation center
Provided aftercare for at least 6 months by
LSWDO

PENALTIES UNDER RA 9344

Fine of P20,000-P50,000 or Imprisonment
of 8-10 years or Both
Perpetual Absolute Disqualification, if
involving a public officer or employee

Additional Information:
Adults who use minors to beg, as drug
couriers, in illegal acts: Liable under Sec.
10 (E) RA 7610; Penalty: Reclusion
Perpetua
Drug pushers using minors as runners,
couriers, messengers of dangerous drugs:
Liable under R.A. 9165; Penalty: Life
Imprisonment-Death, Fine P500T-P10M

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 does not
consent to diversion.

Termination of Diversion Proceedings

Note: Sec. 26 of RA 9344 provide x
x x The diversion program shall be
effective and binding if accepted by
the
parties
concerned.
The
acceptance shall be in writing and
signed by the parties concerned and
the appropriate authorities.

TRANSITORY PROVISIONS
A. Those 15 years old and below at the
commission of the offensei) with pending case but released on bail or
recognizance
- case shall be dismissed and the child
referred to the social worker who will conduct
an assessment whether to release the child to
the custody of the parents/guardians or refer
the child to prevention programs

ii) with pending case and under detention or

suspended sentence
- case shall be dismissed upon motion and child
referred to social worker on the propriety of
releasing the child to his parents/guardians. If
cannot be located and the child is abandoned,
neglected or abused, a petition of involuntary
commitment shall be filed by the social worker.

iii) convicted and serving sentence

- Any interested party may file a petition for
habeas corpus.

B. Those above 15 but below 18 at the

commission of the offensei.) with pending case but released on bail or
recognizance
Trial may proceed to prove discernment;

ii) under suspended sentence

Child to continue with rehabilitation program;

iii) Convicted and serving sentence

CICL shall be entitled to appropriate disposition
under the Act and the sentence adjusted
accordingly. If qualified, child shall
be
immediately
released under the Act or
applicable law. Upon application, the court may
grant probation to the child in lieu of
imprisonment for the remaining sentence .
(Section 42, RA 9344)