JUVENILE

JUSTICEWELFARE
ACT OF 2006

Republic Act No. 9344

MARY ANN L. APARECE-VERGA, MA, MPA

DILG-BOHOL
 Overview/Outline of Topics

• Brief History and Background of

the Law – The Right of the
Child
• Salient Features of R.A.
No.9344
• Role of the Barangay Council
for Protection of Children in the
Implementation of R.A.9344
 THE UNITED NATIONS
CONVENTION ON THE
RIGHTS OF CHILD

• Convention was adopted by the UN General

Assembly on Nov. 20, 1989
• Became an International Agreement on Sept. 2,
1990, after it was ratified by State Parties including
the Philippines
• It does not provide penal sanctions, but
encourages State Parties to enact laws, rules and
regulations implementing the rights recognized in
the Convention
 OPERATIONAL
PRINCIPLES
 Survival and Development
with Family as the foundation
 The rights of children to survive
and develop in the context of
his/her family as the fundamental
duty-holders, caregivers and
protectors
 The child cannot be considered
and dealt with in isolation from his
or her family
UN CONVENTION ON THE
RIGHTS OF CHILD

4 Categories of Child Rights:

1. Survival Right
2. Developmental Rights
3. Protection Rights
4. Participation Rights
 ART. 40 OF THE UN
CONVENTION ON CHILD
RIGHTS

• Right of CICL to legal help and fair treatment in a

justice system that respects their rights

• To set a minimum age which children cannot be

held criminally responsible

• To provide the minimum guarantees for the fairness

and quick resolution of judicial or alternative
proceedings
Still on Background…

• National Laws protecting the Rights of Children in

Conflict with the Law (CICL) were limited

• Continued violations of child rights were easily

observed at the time of arrest

• Formal education of child offenders who were

enrolled at the time of arrest was disrupted. At the
same time they also learn vices such as smoking,
gambling, drinking and substance abuse from them
Republic Act No. 9344

• Juvenile Justice Welfare Act of 2006

• It became effective on May 20,2006

• Its Implementing Rules and Regulations

(IRR) were enacted on September 19,
2006
 General Framework

• Principle of Restorative Justice

• Best Interest of the Child
- Refers to the totality of circumstances and
conditions which are most congenial to
the survival, protection and feelings of the
child and most encouraging to the child’s
physical, psychological and emotional
development
 Coverage of the Act

• Children in Conflict with the Law

- children who are alleged, accused 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
 Child at Risk

1. Being abused through sexual, physical,

psychological, mental or economic and the
parents/guardian refuse, unwilling or unable to
provide protection of the child

2. Being exploited including sexually or economically

3. Being abandoned or neglected and after diligent

search the parent/guardian cannot be found
 Child at Risk

4. Coming from a dysfunctional, broken family or

without a parent/guardian
5. Being out of school
6. Being a member of a gang
7. Living in a community with a high level of
criminality or drug abuse
8. Living in situation of armed conflict
 Age of Criminal
Responsibility

• Children above 15 years old but

below 18 who acted with
discernment
 Discernment

• The mental capacity of a child to

understand the difference between what
is right or wrong and the consequences
of his acts
 Assessment on
Discernment
• Preliminary assessment must be
conducted by the Local Social Welfare
Development Officer during initial
investigation

• Final assessment falls on the Court

which hears the case of the CICL
Preliminary Assessment
by LSWDO

• Social, Cultural, Economic, Legal Status of CICL

• Developmental age
• Educational Attainment
• Quality of Peer Group
• Strengths and Weaknesses of Family
• Parental Control over CICL
• Attitude towards Offense
• Harm, Damage done to others out of the offense
• Record of Prior Offenses
 How to Determine
Discernment
• Appearance
• Attitude
• Comportment

• Before, during and after the commission of

the crime
• Also during trial
 DETERMINATION OF
AGE

• Birth certificate, Baptismal certificate,

School records

• In the absence: Information from child,

physical appearance, testimonies of
other persons or other relevant
evidence
 When a child below 15
years old commits an
offense:
• Said authority notifies MSWDO &
determines appropriate programs in
consultation w/ child & parents/guardians

• Person in authority will have initial contact of

the child immediately release the child to
parents’ custody, or in the absence of
parents, to nearest relative
 IF PARENTS OR NEAREST RELATIVE
REFUSE TO TAKE CUSTODY OF THE
CHILD, THE CHILD MAY BE RELEASED
TO THE FOLLOWING:

1. A barangay official or a member of BCPC

2. MSWDO
3. DSWD
4. A duly registered NGO or religious
organization
 Exemption from
Criminal Liability
• A child 15 years old or under at the time of the
commission of the offense. However, the child shall
be subjected to an intervention program pursuant to
Section 20 of this Act

• A child above 15 but below 18 who acted without

discernment but be subjected to an intervention
program

• Children who commit Status Offenses

 Status Offenses

• Vagrancy

• Prostitution

• Violation of Curfew Ordinance

•
• Sniffing of Rugby
 Procedure for Children
Criminally Exempted

• They have civil liability to be borne by

the parents

• They must undergo

TERTIARYINTERVENTION PROGRAM
which is the same as a DIVERSION
PROGRAM
 Intervention Program

• A series of activities designed to address

issues that caused the child to commit an
offense
• Three Levels: Primary, Secondary & Tertiary
• For CICLs, they must undergo the Tertiary
Level of Intervention
• Tertiary Level of Intervention is the same as
DIVERSION
 Diversion

• An alternative, child-appropriate process of

determining the responsibility and treatment
of a CICL
• Based on his/her social, cultural, economic,
psychological or educational background
• WITHOUT resorting to formal court
proceedings
 Who Undergoes
Diversion?

• CICL above 15 but below 18 who acted

with discernment

• Children who are 15 years old and

below who committed an offense

• Offense has penalty of not more than 6

years imprisonment
 Kinds of Diversion
Programs

• Apology
• Care, guidance and supervision orders
• Counseling
• Attendance in trainings and seminars
• Education, vocational skills training
• Community service
• Institutional care
 Diversion Programs

• 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
 Confidentiality of
Records & Proceedings

• Non-disclosure of records to media

• Separate police blotter
• System of coding to conceal identity of child
• Non-use of records in other proceedings,
except when beneficial to offender and with
his written consent
• No liability of child for perjury for not
disclosing his being CICL
 Rehabilitation

• May be community-based or center-based

• Separate facilities from adults

• Special attention for female CICL; separate

accommodations
 Penalties

• 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) RA7610;
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
• Controlled precursors, chemicals– 12 years, 1 day –
20 years, fineP100T-P500T
DILG MC No. 2012-120
JULY 4, 2012 by SILG JESSE M. ROBREDO

• Allocation of 1% IRA for the

strengthening and implementation
of the PPAs of the LCPC per Sec
15 of RA 9344
DILG MC No. 2012-120
JULY 4, 2012 by SILG JESSE M. ROBREDO

PPAs to be funded:
1. Annual Work and Financial Plan
2. Local Development Plan for Children
3. Local Investment Plan for Children
4. Local Code for Children (P/C/M) and ordinances for children (barangay level)
5. Advocacy activities on the promotion of the rights and welfare of children &
capacity-building activities for stakeholders on children
6. Assistance to Children in Need of Special Protection and referral of cases filed
against child abusers
7. Advocacy materials on children
8. Installation of local information system on children’s situation
9. Monitoring of the enforcement of nat’l & local laws on children: establishment of
DCCs, elimination of child abuse, HIV/AIDS prevention, intervention & diversion programs
for CICL, nutrition programs, maternal and post-natal care, construction of playground,
appropriate counseling
DILG MC No. 2008-126
AUGUST 21, 2008

• Revised Guidelines in monitoring

the functionality of the LCPC at all
levels
DILG MC No. 2008-126
AUGUST 21, 2008

• Organization - the LCPC must be organized through a Sanggunian

resolution/ordinance or through an LCE’s Executive Order
• Meetings - conduct regular quarterly meetings and special meetings
when necessary. Supported with minutes and attendance
• Policies, Plan and Budget - the LCPC shall formulate and recommend
policies and plans concerning child survival, development and
protection. LCPC pass resolution adopting PPAs for integration to the
LDIP/AIP
• Accomplishments - LCPC shall submit accomplishment report
DILG MC No. 2008-126
AUGUST 21, 2008

• Creation of Inter-Agency Monitoring Task Force

Chair: CLGOO/MLGOO
Co-chair: C/MSWDO
Members: MPDC, MHO, DepEd Rep., Academe
Rep., NGO Rep., Interfaith Group