Salient Features of The Juvenile Justice and

Welfare Act

REPUBLIC ACT NO. 9344

Approved April 28, 2006

ROLAND L APARECE, MA PM, MAT PHILO, LLB

Associate Professor
University of 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 CONVENTIONON 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
 RA 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
 CHILD

 a person under 18 years of age

 a minor 15 years and below has no
criminal responsibility at all;
 above 15 years but below 18 also has no
criminal responsibility unless they acted
with discernment.
 Best Interest of the Child
 It refers to the totality of circumstances and conditions which
are most congenial to the survival, protection and feelings of
security of the child and most encouraging to the child’s
physical, psychological and emotional development.

 It also means the least detrimental available alternative for

safeguarding the growth and development of the child.
 CHILD AT RISK
 Refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family
and social circumstances, such as, but not limited to, the
following:

1. Being abused by any person through sexual, physical,

psychological, mental, economic or any other means and
the parents or guardian refuse, are unwilling, or unable to
provide protection of the child;
 CHILD AT RISK
2. Being exploited including sexually or economically;
3. Being abandoned or neglected, and after diligent search and
inquiry the parent or guardian cannot be found;
4. Coming from a dysfunctional or broken family or without a
parent or guardian
5. Being out of school
 CHILD AT RISK

6. Being a member of a gang;

7. Living in a community with a high level of criminality or drug
abuse; and
8. Living in situation of armed conflict
 CHILD IN CONFLICT WITH THE LAW (CICL)

 Refers to a child who is alleged as, accused of, or adjudged as,

having committed an offense under Philippine laws.Hamog A
Rappler documentary.mp4
 DIVERSION

 Refers to 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
 DIVERSION PROGRAM

Refers to the program that the child in conflict with the law is
required to undergo after he/she is found responsible for an offense
without resorting to formal court proceedings.
 YOUTH DETENTION HOME

Refers to a 24-hour child-caring institution managed by accredited

local government units (LGUs) and licensed and/or accredited non-
government organizations (NGOs) providing short term residential
care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.
 VICTIMLESS CRIMES

Refers to offense where there is no private offended party.

 INTERVENTION

Refers to a series of activities which are designed to

address issues that caused the child to commit an offense
e.g. counseling, skills training, education and other
activities that will enhance his/her psychological,
emotional and psycho-social well-being.
 Kinds of Intervention

 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.
 Rights of a Child in Conflict with Law

 Right to be treated with humanity and respect;

 Right not to be subjected to torture, cruel or
inhuman treatment;
 Right to bail or recognizance;
 Right to privacy;
 Right to probation, if qualified;
 Right to diversion, if qualified;
 Right to automatic suspension of sentence;
 Right not to be deprived arbitrarily of his liberty or restricted
more than as necessary;
 Right to be separated from adult offenders;
 Right to maintain contact with his family
 Right not be imposed the death sentence
 Right to be free from perjury concealment or misrepresentation
 Age of criminal liability

 Exemption for those 15 years of age or younger at time of

commission of offense
 Exemption for those above 15 and below 18 years of age, unless
shown to have acted with discernment
 Presumption of minority; age may be contested in a summary
proceeding
AGE BRACKET CRIMINAL TREATMENT
LIABILITY
15 years old or Exempt The child shall be subjected to an
below intervention program

Above 15 but below Exempt The child shall be subjected to an

18, who acted without intervention program
discernment

Above 15 but below Not Exempt Such child shall be subjected to the
18, who acted with appropriate proceedings in accordance with
discernment R.A. 9344

24
 Discernment

The mental capacity of a person to understand the

difference between what is right or wrong and the
consequences of his acts.
Intent refers to the desired act of the person while
discernment relates to the moral significance that a
person ascribes to the said act.
 Discernment may be shown by:

1. Manner of committing the crime.

The minor committed the crime during night time to avoid
detection or took the loot to another town to avoid discovery.
(People vs. Magsino, GR. No. 40176, May 3, 1934)
2. Conduct of the offender.
The accused shoot the offended party, who had caught him shooting a
the latters mango fruits, with a sling shoot hitting the latter in one of
his eyes, and after having done so said, “ Putang ina mo, mabuti
matikman mo.” It was held that the first part of the remark cleasrly
manifested the perverted character of the accused and the second part
reflected his satisfaction and elation upon the accomplishment of his
criminal act. (People vs. Alcabao, C.A., 44 O.G. 5006)
 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
 Art. 202. Vagrants and Prostitutes;
 1. Any person having no apparent means of subsistence, who has
the physical ability to work and who neglects to apply himself or
herself to some lawful calling;
 2. Any person found loitering about public or semi-public buildings
or places or trampling or wandering about the country or the
streets without visible means of support;
 3. Any idle or dissolute person who ledges in houses of ill fame;
ruffians or pimps and those who habitually associate with
prostitutes;
 Art. 202. Vagrants and Prostitutes;
 4. Any person who, not being included in the provisions of other
articles of this Code, shall be found loitering in any inhabited or
uninhabited place belonging to another without any lawful or
justifiable purpose;
 5. Prostitutes, women who, for money or profit, habitually indulge
in sexual intercourse or lascivious conduct, are deemed to be
prostitutes.
 INITIAL CONTACT WITH THE CHILD

Refers to the apprehension or taking into custody

of a child in conflict with the law by law enforcement
or private citizens
 Initial Contact by private citizens or non-law
enforcement officers

 In the event a CICL is apprehended or taken

into custody by private citizens, the child shall
be immediately referred to the appropriate law
enforcement officer for the child to undergo the
proper investigation.
 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.
 INITIAL INVESTIGATION

The law enforcement officer shall make

the initial investigation by taking the
statement of the child:
1. in a language that the child understands
2. in a friendly and non-intimidating manner
3. in a separate room or place where the child is
comfortable
4. privacy must be observed at all times.
 INITIAL INVESTIGATION
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 child’s lawyer or the PAO lawyer;
b. child’s 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,

witnessed by all those present
 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
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
 Conduct of Diversion
Diversion may be conducted at the-
a. Katarungan Pambarangay by the Punong Barangay
b. Police Investigation by the law enforcer/police
c. Inquest or Preliminary Investigation where imposable penalty for
the crime is not more than 6 years by the prosecutor.
d. Otherwise, where imposable penalty is more than 6 but does not exceed
12 years, diversion may be conducted only at the court level by
the judge
 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.
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
 Kinds of Diversion Programs

1.PUNONG BARANGAY LEVEL

a. Restitution of property
b. Reparation of damage caused
c. Indemnification for consequential damages
d. Written or oral apology
e. Care, guidance and supervision orders
 Kinds of Diversion Programs
1.PUNONG BARANGAY LEVEL
f. Training, seminars and lectures on
o anger management
o values formation
o problem solving
o 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
 Kinds of Diversion Programs

LAW ENFORCER AND PROSECUTOR

a. DPs specified under (1)(a) to (1) (g);

b. Confiscation and forfeiture of the instruments of the crime

 Kinds of Diversion Programs

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
 Termination of Diversion Proceeding

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.”
 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

 REHABILITATION and INTEGRATION
• Should community based rehabilitation be inappropriate, the
court may order the commitment of the child to a :
(a) rehabilitation center;
(b) youth detention center;
(c) agricultural camp, or
(d) other training facilities that will provide the child with
interventions, approaches and strategies that would change
or modify the negative behavior of the child into a positive one
enabling him to improve on his social functioning leading to his
reintegration to his family and the community.
 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
 TRANSITORY PROVISIONS
A. Those 15 years old and below at the commission of the
offense-

i) 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
 TRANSITORY PROVISIONS
B. Those above 15 but below 18 at the commission of the
offense-

i.) 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;
 TRANSITORY PROVISIONS

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)
 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
Which are the kinds of diversion available
at the Punong barangay Level?

a. Restitution of property
b. Reparation of damage caused gy
c. Confiscation of the Instrument
of the crime
#1

correct
#3
#1
#2
#3 Wrong :P