RA 9344 : TITLE I : GOVERNING PRINCIPLES

CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS
Sec 1. Short Title and Scope. - This Act shall be known as the "Jue!"#e Ju$%"ce &!' (e#)&*e Ac% +) ,--.." It shall cover the different stages
involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration.
SEC ,. Declaration of State Policy. - The following State policies shall be observed at all times:
(a) The State recognizes the vital role of children and o!th in nation b!ilding and shall promote and protect their phsical" moral" spirit!al"
intellect!al and social well-being. It shall inc!lcate in the o!th patriotism and nationalism" and enco!rage their involvement in p!blic and civic
affairs.
(b) The State shall protect the best interests of the child thro!gh meas!res that will ens!re observance of international standards of child
protection" especiall those to which the #$ is a part. #roceedings before an a!thorit shall be cond!cted in the best interest of the child and in
a manner which allows the child to participate and to e%press himself&herself freel. The participation of children in the program and polic
form!lation and implementation related to '!venile '!stice and welfare shall be ens!red b the concerned government agenc.
(c) The State likewise recognizes the right of children to assistance" incl!ding proper care and n!trition" and special protection from all forms of
neglect" ab!se" cr!elt and e%ploitation" and other conditions pre'!dicial to their development.
(d) #!rs!ant to Art ()" *+ ,onvention on the -ights of the ,hild" the State recognizes the right of ever child alleged as" acc!sed of" ad'!dged" or
recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child.s sense of dignit and worth"
taking into acco!nt the child.s age and desirabilit of promoting his reintegration. /henever appropriate and desirable" State shall adopt meas!res
for dealing with s!ch children witho!t resorting to '!dicial proceedings" providing that h!man rights and legal safeg!ards are f!ll respected. It
shall ens!re that children are dealt with in a manner appropriate to their well-being b providing for" among others" a variet of disposition
meas!res s!ch as care" g!idance and s!pervision orders" co!nseling" probation" foster care" ed!cation and vocational training programs and
other alternatives to instit!tional care.
(e) Administration of the '!venile '!stice and welfare sstem shall take into consideration c!lt!ral and religio!s perspectives of the 0ilipino people"
partic!larl the indigeno!s peoples and the 1!slims" consistent with protection of rights of children belonging to these comm!nities.
(f) State shall appl the principles of restorative '!stice in all its laws" policies and programs applicable to children in conflict with the law.
SEC 3. Liberal Construction of this Act. - In case of do!bt" the interpretation of an of the provisions of this Act" incl!ding its implementing r!les and
reg!lations (I--s)" shall be constr!ed liberall in favor of the child in conflict with the law.
SEC 4. Definition of Terms. - The following terms as !sed in this Act shall be defined as follows:
(a) 23ail2 refers to sec!rit given for release of the person in c!stod of the law" f!rnished b him or a bondsman" to g!arantee appearance
before an co!rt. 3ail ma be given in the form of corporate sec!rit" propert bond" cash deposit" or recognizance.
(b) 23est Interest of the ,hild2 refers to the totalit of the circ!mstances and conditions which are most congenial to the s!rvival" protection
and feelings of sec!rit of the child and most enco!raging to the child.s phsical" pschological and emotional development. It also means the
least detrimental available alternative for safeg!arding the growth and development of the child.
(e) 2,hild2 refers to a person !nder the age of 45 rs.
(d) 2,hild at -isk2 refers to a child who is v!lnerable to and at the risk of committing criminal offenses beca!se of personal" famil and social
circ!mstances" s!ch as" b!t not limited to" the following:
(4) being ab!sed b an person thro!gh se%!al" phsical" pschological" mental" economic or an other means and the parents or
g!ardian ref!se" are !nwilling" or !nable to provide protection for the child6
(7) being e%ploited incl!ding se%!all or economicall6
(8) being abandoned or neglected" and after diligent search and in9!ir" parent or g!ardian cannot be fo!nd6
(() coming from a dsf!nctional or broken famil or witho!t a parent or g!ardian6
(:) being o!t of school6
(;) being a streetchild6
(<) being a member of a gang6
(5) living in a comm!nit with a high level of criminalit or dr!g ab!se6 and
(=) living in sit!ations of armed conflict.
(e) 2,hild in ,onflict with the >aw2 refers to a child who is alleged as" acc!sed of" or ad'!dged as" having committed an offense !nder #$
laws.
(f) 2,omm!nit-based #rograms2 refers to programs provided in a comm!nit setting developed for p!rposes of intervention and diversion" as
well as rehabilitation of the child in conflict with the law" for reintegration into his famil and&or comm!nit.
(g) 2,o!rt2 refers to a famil co!rt or" in places where there are no famil co!rts" an regional trial co!rt.
(h) 2?eprivation of >ibert2 refers to an form of detention or imprisonment" or to the placement of a child in conflict with the law in a p!blic or
private c!stodial setting" from which the child in conflict with the law is not permitted to leave at will b order of an '!dicial or administrative
a!thorit.
(i) 2?iversion2 refers to an alternative" child-appropriate process of determining the responsibilit and treatment of a child in conflict with the
law on the basis of his social" c!lt!ral" economic" pschological or ed!cational backgro!nd witho!t resorting to formal co!rt proceedings.
(') 2?iversion #rogram2 refers to the program that the child in conflict with the law is re9!ired to !ndergo after he is fo!nd responsible for an
offense witho!t resorting to formal co!rt proceedings.
(k) 2Initial ,ontact /ith the ,hild2 refers to apprehension or taking into c!stod of a child in conflict with the law b law enforcement officers or
private citizens. It incl!des the time when the child alleged to be in conflict with the law receives a s!bpoena !nder Sec 8(b) of -!le 447 of the
-evised -!les of ,riminal #roced!re or s!mmons !nder Sec ;(a) or Sec =(b) of the same -!le in cases that do not re9!ire preliminar
investigation or where there is no necessit to place the child alleged to be in conflict with the law !nder immediate c!stod.
(I) 2Intervention2 refers to a series of activities which are designed to address iss!es that ca!sed the child to commit an offense. It ma take
the form of an individ!alized treatment program which ma incl!de co!nseling" skills training" ed!cation" and other activities that will enhance
his pschological" emotional and pscho-social well-being.
(m) 2@!venile @!stice and /elfare Sstem2 refers to a sstem dealing with children at risk and children in conflict with the law" which provides
child-appropriate proceedings" incl!ding programs and services for prevention" diversion" rehabilitation" re-integration and aftercare to ens!re
their normal growth and development.
(n) 2>aw Anforcement Bfficer2 is a person in a!thorit or his agent" defined in Art 4:7 -#," incl!ding a baranga tanod.
()) 2Bffense2 refers to an act or omission whether p!nishable !nder special laws or -#," as amended.
(p) 2-ecognizance2 refers to an !ndertaking in lie! of a bond ass!med b a parent or c!stodian who shall be responsible for appearance in
co!rt of the child in conflict with the law" when re9!ired.
(9) 2-estorative @!stice2 refers to a principle which re9!ires a process of resolving conflicts with ma%im!m involvement of the victim" offender
and comm!nit. It seeks to obtain reparation for the victim6 reconciliation of the offender" the offended and the comm!nit6 and reass!rance to
the offender that he can be reintegrated into societ. It also enhances p!blic safet b activating the offender" the victim and the comm!nit in
prevention strategies.
(r) 2Stat!s Bffenses2 refers to offenses which discriminate onl against a child" while an ad!lt does not s!ffer an penalt for committing similar
acts. These shall incl!de c!rfew violations6 tr!anc" parental disobedience and the like.
(s) 2Co!th ?etention $ome2 refers to a 7(-ho!r child-caring instit!tion managed b accredited >D*s and licensed and&or accredited +DBs
providing short-term residential care for children in conflict with the law who are awaiting co!rt disposition of their cases or transfer to other
agencies or '!risdiction.
(t) 2Co!th -ehabilitation ,enter2 refers to a 7(-ho!r residential care facilit managed b the ?S/?" >D*s" licensed and&or accredited +DBs
monitored b ?S/?" which provides care" treatment and rehabilitation services for children in conflict with the law. -ehabilitation services are
provided !nder g!idance of a trained staff where residents are cared for !nder a str!ct!red therape!tic environment with the end view of
reintegrating them into their families and comm!nities as sociall f!nctioning individ!als. #hsical mobilit of residents of said centers ma be
restricted pending co!rt disposition of the charges against them.
(!) 2Eictimless ,rimes2 refers to offenses where there is no private offended part.
CHAPTER ,
PRINCIPLES IN THE ADMINISTRATION OF J/VENILE J/STICE AND (ELFARE
SEC 0. Rights of the Child in Conflict with Law. - Aver child in conflict with law shall have the ff rights" incl b!t not limited to:
(a) the right not to be s!b'ected to tort!re or other cr!el" inh!man or degrading treatment or p!nishment6
(b) the right not to be imposed a sentence of capital p!nishment or life imprisonment" witho!t the possibilit of release6
(c) the right not to be deprived" !nlawf!ll or arbitraril" of his libert6 detention or imprisonment being a disposition of last resort" and which
shall be for the shortest appropriate period of time6
(d) right to be treated with h!manit and respect" for the inherent dignit of the person" and in a manner which takes into acco!nt needs of a
person of his age. In partic!lar" a child deprived of libert shall be separated from ad!lt offenders at all times. +o child shall be detained
together with ad!lt offenders. $e shall be conveed separatel to or from co!rt. $e shall await hearing of his own case in a separate holding
area. A child in conflict with the law shall have the right to maintain contact with his famil thro!gh correspondence and visits" save in
e%ceptional circ!mstances6
(e) right to prompt access to legal and other appropriate assistance" as well as right to challenge legalit of deprivation of libert before a co!rt
or other competent" independent and impartial a!thorit" and to prompt decision on s!ch action6
(f) the right to bail and recognizance" in appropriate cases6
(g) the right to testif as a witness in his own behalf !nder the r!le on e%amination of a child witness6 (cf.n)
(h) the right to have his privac respected f!ll at all stages of the proceedings6
(i) the right to diversion if he is 9!alified and vol!ntaril avails of the same6
(') the right to be imposed a '!dgment in proportion to the gravit of the offense where his best interest" the rights of the victim and the needs
of societ are all taken into consideration b the co!rt" !nder the principle of restorative '!stice6
(k) right to have restrictions on personal libert limited to the minim!m" and where discretion is given b law to the '!dge to determine whether
to impose fine or imprisonment" imposition of fine be preferred as the more appropriate penalt6
(I) in general" the right to a!tomatic s!spension of sentence6
(m) the right to probation as an alternative to imprisonment" if 9!alified !nder the #robation >aw6
(n) the right to be free from liabilit for 1e*2u*3" concealment or misrepresentation6 and
(o) other rights as provided for !nder e%isting laws" r!les and reg!lations.
The State f!rther adopts the provisions of the *+ Standard 1inim!m -!les for the Administration of @!venile @!stice or 23ei'ing -!les2" *+ D!idelines
for the #revention of @!venile ?elin9!enc or the 2-iadh D!idelines2" and the *nited +ations -!les for the #rotection of @!veniles ?eprived of >ibert.
SEC .. Minimum Age of Criminal Responsibility. - A child 4: rs old or !nder at the time of commission of the offense shall be e%empt from criminal
liabilit. $owever" child shall be s!b'ected to an intervention program p!rs!ant to Sec 7) of this Act.
A child above 4: rs b!t below 45 rs of age shall likewise be e%empt from criminal liabilit and s!b'ected to an intervention program" u!#e$$ 4&$ &c%e'
5"%4 '"$ce*!6e!%" in which case" s!ch child shall be s!b'ected to the appropriate proceedings in accordance with this Act.
The e%emption from criminal liabilit herein established does not incl!de e%emption from civil liabilit" which shall be enforced in accordance with e%isting
laws.
SEC 7. Determination of Age. - The child in conflict with the law shall en'o the pres!mption of minorit. $e shall en'o all the rights of a child in conflict
with the law !ntil he is proven to be 45 rs old or older. The age of a child ma be determined from the child.s birth certificate" baptismal certificate or an
other pertinent doc!ments. In the absence of these doc!ments" age ma be based on information from the child himself" testimonies of other persons"
phsical appearance of the child and other relevant evidence. In case of do!bt as to the age of the child" it shall be resolved in his favor.
An person contesting the age of the child in conflict with the law prior to the filing of information in an appropriate co!rt ma file a case in a s!mmar
proceeding for the determination of age before the 0amil ,o!rt which shall decide the case within 7( ho!rs from receipt of the appropriate pleadings of
all interested parties.
If a case has been filed against the child in conflict with the law and is pending in the appropriate co!rt" the person shall file a motion to determine the
age of the child in the same co!rt where the case is pending. #ending hearing on the said motion" proceedings on the main case shall be s!spended.
In all proceedings" law enforcement officers" prosec!tors" '!dges and other govFt officials concerned shall e%ert all efforts at determining the age of the
child in conflict with the law.
TITLE II : STR/CT/RES IN THE ADMINISTRATION OF J/VENILE J/STICE AND (ELFARE
SEC 8. u!enile ustice and "elfare Council #"C$. - A @@/, is hereb created and attached to the ?epFt of @!stice and placed !nder its
administrative s!pervision. The @@/, shall be chaired b an !ndersecretar of ?S/?. It shall ens!re effective implementation of this Act and
coordination among the following agencies:

(a) ,o!ncil for the /elfare of ,hildren (,/,)6
(b) ?epartment of Ad!cation (?epAd)6
(c) ?epFt of the Interior and >ocal DovFt (?I>D)6
(d) #!blic Attorne.s Bffice (#AB)6
(e) 3!rea! of ,orrections (3*,B-)6
(f) #arole and #robation Administration (##A)
(g) +ational 3!rea! of Investigation (+3I)6
(h) #$ +ational #olice (#+#)6.
(i) 3!rea! of @ail 1anagement and #enolog (3@1#)6
(i) ,ommission on $!man -ights (,$-)6
(k) TechFl Ad!cation and Skills ?evFt A!thorit (TAS?A)6
(l) +ational Co!th ,ommission (+C,)6 and
(m) Bther instit!tions foc!sed on '!venile '!stice and intervention programs.
The @@/, shall be composed of representatives" whose ranks shall not be lower than director" to be designated b the concerned heads of the following
departments or agencies:
(a) ?epFt of @!stice (?B@)6
(b) ?epFt of Social /elfare and ?evFt (?S/?)6
(c) ,o!ncil for the /elfare of ,hildren (,/,)
(d) ?epAd6
(e) ?I>D
(f) ,ommission on $!man -ights (,$-)6
(g) +ational Co!th ,ommission (+C,)6 and
(h) Two representatives from +DBs" one to be designated
b the Secretar of @!stice and the other to be designated b
the Secretar of ?S/?.
The @@/, shall convene within 4: das from the effectivit of this Act. The Secretar of @!stice and the Secretar of Social /elfare and ?evFt shall
determine the organizational str!ct!re and staffing pattern of the @@/,.
The @@/, shall coordinate with the Bffice of the ,o!rt Administrator and the #$ @!dicial Academ to ens!re the realization of its mandate and the
proper discharge of its d!ties and f!nctions" as herein provided.
SEC 9. Duties and %unctions of the "C. - The @@/, shall have the following d!ties and f!nctions:
(a) To oversee the implementation of this Act6
(b) To advise the #resident on all matters and policies relating to '!venile '!stice and welfare6
(c) To assist the concerned agencies in the review and redrafting of e%isting policies&reg!lations or in the form!lation of new ones in line with
the provisions of this Act6
(d) To periodicall develop a comprehensive 8 to :-r national '!venile intervention program" with the participation of government agencies
concerned" +DBs and o!th organizations6
(e) To coordinate the implementation of the '!venile intervention programs and activities b national govFt agencies and other activities which
ma have an important bearing on the s!ccess of the entire national '!venile intervention program. All programs relating to '!venile '!stice and
welfare shall be adopted in cons!ltation with the @@/,6
(f) 0orm!late and recommend policies and strategies in cons!ltation with children for prevention of '!venile delin9!enc and administration of
'!stice" as well as for treatment and rehabilitation of the children in conflict with the law6
(g) To collect relevant information and cond!ct contin!ing research and s!pport eval!ations and st!dies on all matters relating to '!venile
'!stice and welfare" s!ch as b!t not limited to:
(4) performance and res!lts achieved b '!venile intervention programs and >D*& other govFt agencies activities6
(7) the periodic trends" problems and ca!ses of '!venile delin9!enc and crimes6 and
(8) the partic!lar needs of children in conflict with the law in c!stod.
The data gathered shall be !sed b @@/, in the improvement of administration of '!venile '!stice and welfare sstem. The @@/, shall set !p
a mechanism to ens!re that children are involved in research and polic development.
(h) Thro!gh d!l designated persons and with assistance of agencies provided in the preceding Sec" to cond!ct reg!lar inspections in
detention and rehab facilities and to !ndertake spot inspections on their own initiative in order to check compliance with the standards
provided herein and to make the necessar recommendations to appropriate agencies6
(i) To initiate and coordinate the cond!ct of trainings for the personnel of the agencies involved in the administration of the '!venile '!stice and
welfare sstem and the '!venile intervention program6
(') To s!bmit an ann!al report to the #resident on the implementation of this Act6 and
(k) To perform s!ch other f!nctions as ma be necessar to implement the provisions of this Act.
SEC 1-. Policies and Procedures on u!enile ustice and "elfare. - All govFt agencies en!merated in Sec 5 shall" with the assistance of the @@/,
and within 4 r from the effectivit of this Act" draft policies and proced!res consistent with the standards set in the law. These policies and proced!res
shall be modified accordingl in cons!ltation with the @@/, !pon completion of the national '!venile intervention program as provided !nder Sec = (d).
SEC 11. Child Rights Center #CRC$. - The e%isting ,-, of the ,$- shall ens!re that the stat!s" rights and interests of children are !pheld in
accordance with the ,onstit!tion and intFl instr!ments on h!man rights. ,$- shall strengthen the monitoring of govFt compliance of all treat obligations"
incl!ding timel and reg!lar s!bmission of reports before the treat bodies" as well as implementation and dissemination of recommendations and
concl!sions b govFt agencies as well as +DBs and civil societ.
TITLE III : PREVENTION OF J/VENILE DELIN9/ENCY
CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS
SEC 1,. The %amily. - The famil shall be responsible for primar n!rt!ring and rearing of children which is critical in delin9!enc prevention. As far as
practicable and in accordance with the proced!res of this Act" a child in conflict with the law shall be maintained in his famil.
SEC 13. The &ducational System. - Ad!cational instit!tions shall work together with families" comm!nit organizations and agencies in the prevention
of '!venile delin9!enc and in the rehabilitation and reintegration of child in conflict with the law. Schools shall provide ade9!ate" necessar and
individ!alized ed!cational schemes for children manifesting diffic!lt behavior and children in conflict with the law. In cases where children in conflict with
the law are taken into c!stod or detained in rehabilitation centers" the sho!ld be provided the opport!nit to contin!e learning !nder an alternative
learning sstem with basic literac program or non-formal ed!cation accreditation e9!ivalenc sstem.
SEC 14. The Role of Mass Media. - 1ass media shall pla an active role in the promotion of child rights" and delin9!enc prevention b relaing
consistent messages thro!gh a balanced approach. 1edia practitioners shall therefore have d!t to maintain highest critical and professional standards
in reporting and covering cases of children in conflict with the law. In all p!blicit concerning children" best interest of the child sho!ld be primordial and
paramo!nt concern. An !nd!e" inappropriate and sensationalized p!blicit of an case involving a child in conflict with law is hereb declared a
violation of the child.s rights.
SEC 10. &stablishment and Strengthening of Local Councils for the Protection of Children. - >ocal ,o!ncils for the #rotection of ,hildren (>,#,)
shall be established in all levels of local govFt and where the have alread been established" the shall be strengthened within one r from the effectivit
of this Act. 1embership in the >,#, shall be chosen from among the responsible members of the comm!nit" incl!ding a representative from the o!th
sector" as well as representatives from government and private agencies concerned with the welfare of children.
The local co!ncil shall serve as the primar agenc to coordinate with and assist the >D* concerned for the adoption of a comprehensive plan on
delin9!enc prevention" and to oversee its proper implementation.
4G of the internal reven!e allotment of barangas" m!nicipalities and cities shall be allocated for the strengthening and implementation of the programs
of the >,#,: #rovided" That disb!rsement of the f!nd shall be made b the >D* concerned.
SEC 1.. Appointment of Local DS"D 'fficer. - All >D*s shall appoint a d!l licensed social worker as its local ?S/? officer tasked to assist children
in conflict with the law.
SEC 17. The Sangguniang (abataan. - The SH shall coordinate with the >,#, in the form!lation and implementation of '!venile intervention and
diversion programs in the comm!nit.
CHAPTER ,
COMPREHENSIVE J/VENILE INTERVENTION PROGRAM
SEC 18. De!elopment of a Comprehensi!e u!enile )nter!ention Program. - A ,omprehensive '!venile intervention program covering at least a 8-r
period shall be instit!ted in >D*s from the baranga to the provincial level. >D*s shall set aside an amo!nt necessar to implement their respective
'!venile intervention programs in their ann!al b!dget.
The >D*s" in coordination with the >,#," shall call on all sectors concerned" partic!larl the child-foc!sed instit!tions" +DBs" people.s organizations"
ed!cational instit!tions and government agencies involved in delin9!enc prevention to participate in the planning process and implementation of
'!venile intervention programs. S!ch programs shall be implemented consistent with the national program form!lated and designed b the @@/,. The
implementation of the comprehensive '!venile intervention program shall be reviewed and assessed ann!all b the >D*s in coordination with the
>,#,. -es!lts of the assessment shall be s!bmitted b the provincial and cit govFts to the @@/, not later than 1arch 8) of ever r.
SEC 19. Community*based Programs on u!enile ustice and "elfare. - ,omm!nit-based programs on '!venile '!stice and welfare shall be
instit!ted b the >D*s thro!gh the >,#," school" o!th organizations and other concerned agencies. The >D*s shall provide comm!nit-based
services which respond to the special needs" problems" interests and concerns of children and which offer appropriate co!nseling and g!idance to them
and their families. These programs shall consist of three levels:
(a) #rimar intervention incl!des general meas!res to promote social '!stice and e9!al opport!nit" which tackle perceived root ca!ses of
offending6
(b) Secondar intervention incl!des meas!res to assist children at risk6 and
(c) Tertiar intervention incl!des meas!res to avoid !nnecessar contact with the formal '!stice sstem and other meas!res to prevent re-
offending.
TITLE IV : TREATMENT OF CHILDREN :ELO( THE AGE OF CRIMINAL RESPONSI:ILITY
SEC ,-. Children +elow the Age of Criminal Responsibility. - If it has been determined that the child taken into c!stod is 4: rs old or below" the
a!thorit which will have an initial contact with the child has d!t to immediatel release child to the c!stod of his parents or g!ardian" or in the absence
thereof" the child.s nearest relative. Said a!thorit shall give notice to the local ?S/? officer who will determine the appropriate programs in cons!ltation
with the child and to the person having c!stod over the child. If the parents" g!ardians or nearest relatives cannot be located" or if the ref!se to take
c!stod" the child ma be released to an of the following: a d!l registered nongovernmental or religio!s organization6 a baranga official or a member
of the 3aranga ,o!ncil for the #rotection of ,hildren (3,#,)6 a local ?S/? officer6 or when and where appropriate" the ?S/?. If the child referred to
herein has been fo!nd b the >ocal ?S/? Bffice to be abandoned" neglected or ab!sed b parents" or in the event that the parents will not compl with
the prevention program" proper petition for invol!ntar commitment shall be filed b the ?S/? or the >ocal ?S/? Bffice p!rs!ant to #? ;)8" otherwise
known as 2The ,hild and Co!th /elfare ,ode2.
TITLE V : J/VENILE J/STICE AND (ELFARE SYSTEM
CHAPTER I
INITIAL CONTACT (ITH THE CHILD
SEC ,1. Procedure for Ta,ing Child into Custody. - 0rom the moment a child is taken into c!stod" the law enforcement officer shall:
(a) A%plain to the child in simple lang!age and in a dialect that he can !nderstand wh he is being placed !nder c!stod and the offense that he
allegedl committed6
(b) Inform the child of the reason for s!ch c!stod and advise child of his constit!tional rights in a lang!age or dialect !nderstood b him6
(e) #roperl identif himself&herself and present proper identification to the child6
(d) -efrain from !sing v!lgar or profane words and from se%!all harassing or ab!sing" or making se%!al advances on the child in conflict with the
law6
(e) Avoid displaing or !sing an firearm" weapon" handc!ffs or other instr!ments of force or restraint" !nless absol!tel necessar and onl after
all other methods of control have been e%ha!sted and have failed6
(f) -efrain from s!b'ecting child in conflict with the law to greater restraint than is necessar for his apprehension6
(g) Avoid violence or !nnecessar force6
(h) ?etermine the age of the child p!rs!ant to Sec < of this Act6
(i) Immediatel b!t not later than 5 ho!rs after apprehension" t!rn over c!stod of the child to the ?S/? Bffice or other accredited +DBs" and
notif - - - - of the child.s apprehension. The social welfare and development officer shall e%plain to the child and the child.s parents&g!ardians the
conse9!ences of the child.s act with a view towards co!nseling and rehabilitation" diversion from the criminal '!stice sstem" and reparation" if
appropriate6
(') Take the child immediatel to the proper medical and health officer for a thoro!gh phsical and mental e%amination. The e%amination res!lts
shall be kept confidential !nless otherwise ordered b the 0amil ,o!rt. /henever the medical treatment is re9!ired" steps shall be immediatel
!ndertaken to provide the same6
(k) Ans!re that sho!ld detention of the child in conflict with the law be necessar" the child shall be sec!red in 9!arters separate from that of the
opposite se% and ad!lt offenders6
(l) -ecord the following in the initial investigation:
4. /hether handc!ffs or other instr!ments of restraint were !sed" and if so" the reason for s!ch6
7. That parents& g!ardian of a child" ?S/?" and #AB have been informed of the apprehension and the details thereof6 and
8. The e%ha!stion of meas!res to determine the age of a child and the precise details of the phsical and medical e%amination or the fail!re
to s!bmit a child to s!ch e%amination6 and
(m) Ans!re that all statements signed b the child d!ring investigation shall be witnessed b the child.s parents or g!ardian" social worker" or legal
co!nsel in attendance who shall affi% his signat!re to the said statement.
A child in conflict with the law shall onl be searched b a law enforcement officer of the same gender and shall not be locked !p in a detention cell.
SEC ,,. Duties During )nitial )n!estigation. - The law enforcement officer shall" in his investigation" determine where the case involving the child in
conflict with the law sho!ld be referred.
The taking of the statement of the child shall be cond!cted in the presence of the following: (4) child.s co!nsel of choice or in the absence thereof" a
lawer from the #!blic Attorne.s Bffice6 (7) the child.s parents" g!ardian" or nearest relative" as the case ma be6 and (8) the local ?S/? officer. In the
absence of the child.s parents" g!ardian" or nearest relative" and the local ?S/? officer" the investigation shall be cond!cted in the presence of a
representative of an +DB" religio!s gro!p" or member of the 3,#,.
After the initial investigation" the local social worker cond!cting the same ma do either of the following:
(a) #roceed in acc with Sec 7) if child is 4: rs or below" or above 4: b!t below 45 rs old who acted 5;- discernment6 and
(b) If child is above 4: rs old b!t below 45 and who acted 5"%4 discernment" proceed to diversion !nder ff chapter.
CHAPTER ,
DIVERSION
SEC ,3. System of Di!ersion. - ,hildren in conflict with the law shall !ndergo diversion programs witho!t !ndergoing co!rt proceedings s!b'ect to the
conditions herein provided:
(a) /here imposable penalt for the crime committee is not more than ; rs imprisonment" the law enforcement officer or #!nong 3aranga
with assistance of the local ?S/? officer or other members of the >,#, shall cond!ct mediation" famil conferencing and conciliation and"
where appropriate" adopt indigeno!s modes of conflict resol!tion in accordance with best interests of the child with a view to accomplishing
the ob'ectives of restorative '!stice and the form!lation of a diversion program. The child and his famil shall be present in these activities.
(b) In victimless crimes where the imposable penalt is not more than ; rs imprisonment" the local ?S/? officer shall meet with the child and
his parents or g!ardians for the development of the appropriate diversion and rehabilitation program" in coordination with the 3,#,6
(c) /here the imposable penalt for the crime committed e%ceeds ; rs imprisonment" diversion meas!res ma be resorted to onl b the
co!rt.
SEC ,4. Stages "here Di!ersion May be Conducted. - ?iversion ma be cond!cted at the Hatar!ngang #ambaranga" the police investigation or the
in9!est or preliminar investigation stage and at all levels and phases of the proceedings incl!ding '!dicial level.
SEC ,0. Conferencing- Mediation and Conciliation. - A child in conflict with law ma !ndergo conferencing" mediation or conciliation o!tside the
criminal '!stice sstem or prior to his entr into said sstem. A contract of diversion ma be entered into d!ring s!ch conferencing" mediation or
conciliation proceedings.
SEC ,.. Contract of Di!ersion. - If d!ring conferencing" mediation or conciliation" the child vol!ntaril admits commission of the act" a diversion
program shall be developed when appropriate and desirable as determined !nder Sec 8). S!ch admission shall not be !sed against child in an
s!bse9!ent '!dicial" 9!asi-'!dicial or administrative proceedings. The diversion program shall be effective and binding if accepted b parties concerned.
Acceptance shall be in writing and signed b the parties concerned and the appropriate a!thorities. The local ?S/? officer shall s!pervise the
implementation of the diversion program. The diversion proceedings shall be completed within (: das. The period of prescription of the offense shall be
s!spended !ntil the completion of the diversion proceedings b!t not to e%ceed (: das.
The child shall present himself to the competent a!thorities that imposed the diversion program at least once a month for reporting and eval!ation of the
effectiveness of the program.
0ail!re to compl with the terms and conditions of the contract of diversion" as certified b the local ?S/? officer" shall give the offended part the
option to instit!te the appropriate legal action.
The period of prescription of the offense shall be s!spended d!ring the effectivit of the diversion program" b!t not e%ceeding a period of 7 rs.
SEC ,7. Duty of the Punong +arangay "hen There is .o Di!ersion. - If the offense does not fall !nder Sec 78(a) and (b)" or if the child" his parents
or g!ardian does not consent to a diversion" the #!nong 3aranga handling the case shall" within three (8) das from determination of the absence of
'!risdiction over the case or termination of the diversion proceedings" as the case ma be" forward the records of the case of the child to the law
enforcement officer" prosec!tor or the appropriate co!rt" as the case ma be. *pon the iss!ance of the corresponding doc!ment" certifing to the fact
that no agreement has been reached b the parties" the case shall be filed according to the reg!lar process.
SEC ,8. Duty of the Law &nforcement 'fficer "hen There is .o Di!ersion. - If offense does not fall !nder Sec 78(a) I (b)" or if the child" his parents
or g!ardian does not consent to a diversion" the /omen and ,hildren #rotection ?esk of the #+#" or other law enforcement officer handling the case of
the child !nder c!stod" - - - - to the prosec!tor or '!dge concerned for the cond!ct of in9!est and&or preliminar investigation to determine whether or
not the child sho!ld remain !nder c!stod and correspondingl charged in co!rt. The doc!ment transmitting said records shall displa the word 2,$I>?2
in bold letters.
SEC ,9. %actors in Determining Di!ersion Program. - In determining whether diversion is appropriate and desirable" the following factors shall be
taken into consideration:
(a) The nat!re and circ!mstances of the offense charged6
(b) The fre9!enc and the severit of the act6
(c) The circ!mstances of the child (e.g. age" mat!rit" intelligence" etc.)6
(d) The infl!ence of the famil and environment on the growth of the child6
(e) The reparation of in'!r to the victim6
(f) The weight of the evidence against the child6
(g) The safet of the comm!nit6 and
(h) The best interest of the child.
SEC 3-. %ormulation of the Di!ersion Program. - In form!lating a diversion program" the individ!al characteristics and the pec!liar circ!mstances of
the child in conflict with the law shall be !sed to form!late an individ!alized treatment.
The following factors shall be considered in form!lating a diversion program for the child:
(a) The child.s feelings of remorse for the offense he committed6
(b) The parents. or legal g!ardians. abilit to g!ide and s!pervise the child6
(c) The victim.s view abo!t the propriet of the meas!res to be imposed6 and
(d) The availabilit of comm!nit-based programs for rehabilitation and reintegration of the child.
SEC 31. (inds of Di!ersion Programs. - The diversion program shall incl!de ade9!ate socio-c!lt!ral and pschological responses and services for the
child. At the different stages where diversion ma be resorted to" the following diversion programs ma be agreed !pon" s!ch as" b!t not limited to:
(a) At the level of the #!nong 3aranga:
(4) -estit!tion of propert6
(7) -eparation of the damage ca!sed6
(8) Indemnification for conse9!ential damages6
(() /ritten or oral apolog6
(:) ,are" g!idance and s!pervision orders6
(;) ,o!nseling for the child in conflict with the law and the child.s famil6
(<)Attendance in trainings" seminars and lect!res on:
(i) anger management skills6
(ii) problem solving and&or conflict resol!tion skills6
(iii) val!es formation6 and
(iv) other skills which will aid the child in dealing with sit!ations which can lead to repetition of the offense6
(5) #articipation in available comm!nit-based programs" incl!ding comm!nit service6 or
(=) #articipation in ed!cation" vocation and life skills programs.
(b) At the level of the law enforcement officer and the prosec!tor:
(4) ?iversion programs specified !nder paragraphs (a)(4) to (a)(=) herein6 and
(7) ,onfiscation and forfeit!re of the proceeds or instr!ments of the crime6
(c) At the level of the appropriate co!rt:
(4) ?iversion programs specified !nder paragraphs (a) and (b) above6
(7) /ritten or oral reprimand or citation6
(8) 0ine:
(() #ament of the cost of the proceedings6 or
(:) Instit!tional care and c!stod.
CHAPTER 3
PROSEC/TION
SEC 3,. Duty of the Prosecutor/s 'ffice. - There shall be a speciall trained prosec!tor to cond!ct in9!est" preliminar investigation and prosec!tion
of cases involving a child in conflict with the law. If there is an allegation of tort!re or ill-treatment of a child in conflict with the law d!ring arrest or
detention" it shall be the d!t of the prosec!tor to investigate the same.
SEC 33. Preliminary )n!estigation and %iling of )nformation. - #rosec!tor shall cond!ct a preliminar investigation in the ff instances: (a) when the
child in conflict with the law does not 9!alif for diversion: (b) when the child" his parents or g!ardian does not agree to diversion as specified in Secs 7<
and 756 and (c) when considering the assessment and recommendation of the social worker" the prosec!tor determines that diversion is not appropriate
for the child in conflict with the law.
*pon serving the s!bpoena and the affidavit of complaint" the prosec!tor shall notif the #!blic Attorne.s Bffice of s!ch service" as well as the personal
information" and place of detention of the child in conflict with the law.
*pon determination of probable ca!se b the prosec!tor" the information against the child shall be filed before the 0amil ,o!rt within fort-five ((:)
das from the start of the preliminar investigation.
CHAPTER 4
CO/RT PROCEEDINGS
SEC 34. +ail. - 0or p!rposes of recommending amo!nt of bail" privileged mitigating circ!mstance of minorit shall be considered.
SEC 30. Release on Recogni0ance. - /here a child is detained" the co!rt shall order:
(a) the release of the minor on recognizance to his parents and other s!itable person6
(b) the release of the child in conflict with the law on bail6 or
(c) the transfer of the minor to a o!th detention home&o!th rehabilitation center.
The co!rt shall not order the detention of a child in a 'ail pending trial or hearing of his case.
SEC 3.. Detention of the Child Pending Trial. - ,hildren detained pending trial ma be released on bail or recognizance as provided for !nder Secs
8( and 8: !nder this Act. In all other cases and whenever possible" detention pending trial ma be replaced b alternative meas!res" s!ch as close
s!pervision" intensive care or placement with a famil or in an ed!cational setting or home. Instit!tionalization or detention of the child pending trial shall
be !sed onl as a meas!re of last resort and for the shortest possible period of time.
/henever detention is necessar" a child will alwas be detained in o!th detention homes established b local governments" p!rs!ant to Sec 5 of the
0amil ,o!rts Act" in the cit or m!nicipalit where the child resides. In the absence of a o!th detention home" the child in conflict with the law ma be
committed to the care of the ?S/? or a local rehabilitation center recognized b the government in the province" cit or m!nicipalit within the
'!risdiction of the co!rt. The center or agenc concerned shall be responsible for the child.s appearance in co!rt whenever re9!ired.
SEC 37. Di!ersion Measures. - /here the ma%im!m penalt imposed b law for the offense with which the child in conflict with law is charged is
imprisonment of not more than 47 rs" regardless of the fine or fine alone regardless of the amo!nt" and before arraignment of the child in conflict with
the law" the co!rt shall determine whether or not diversion is appropriate.
SEC 38. Automatic Suspension of Sentence. - Bnce the child who is !nder 45 rs of age at the time of the commission of the offense is fo!nd g!ilt of
the offense charged" co!rt shall determine and ascertain an civil liabilit which ma have res!lted from the offense committed. $owever" instead of
prono!ncing the '!dgment of conviction" co!rt shall place the child in conflict with the law !nder s!spended sentence" witho!t need of application:
Provided" however" That s!spension of sentence shall still be applied even if the '!venile is alread 45 or more at the time of prono!ncement of his g!ilt.
*pon s!spension of sentence and after considering the vario!s circ!mstances of the child" co!rt shall impose the appropriate disposition meas!res as
provided in the S!preme ,o!rt -!le on @!veniles in ,onflict with the >aw.
SEC 39. Discharge of Child in Conflict with the Law. - *pon recommendation of the social worker who has c!stod of the child" co!rt shall dismiss
case against the child whose sentence has been s!spended and against whom disposition meas!res have been iss!ed" and shall order the final
discharge of the child if it finds that the ob'ective of the disposition meas!res have been f!lfilled. The discharge of the child in conflict with the law shall
not affect the civil liabilit res!lting from the commission of the offense" which shall be enforced in accordance with law.
SEC 4-. Return of the Child in Conflict with the Law to Court. - If co!rt finds that the ob'ective of the disposition meas!res imposed !pon the child in
conflict with the law have not been f!lfilled" or if the child in conflict with the law has willf!ll failed to compl with the conditions of his disposition or
rehabilitation program" the child in conflict with the law shall be bro!ght before the co!rt for e%ec!tion of '!dgment.
If said child in conflict with the law has reached 45 rs of age while !nder s!spended sentence" the co!rt shall determine whether to discharge the child
in accordance with this Act" to order e%ec!tion of sentence" or to e%tend the s!spended sentence for a certain specified period or !ntil the child reaches
the ma%im!m age of 74 rs.
SEC 41. Credit in Ser!ice of Sentence. - The child in conflict with the law shall be credited in the services of his sentence with the f!ll time spent in
act!al commitment and detention !nder this Act.
SEC 4,. Probation as an Alternati!e to )mprisonment. - The co!rt ma" after it shall have convicted and sentenced a child in conflict with the law" and
!pon application at an time" place the child on probation in lie! of service of his sentence taking into acco!nt the best interest of the child. 0or this
p!rpose" Sec (" #? =;5" otherwise known as the 2#robation >aw of 4=<;2" is hereb amended accordingl.
CHAPTER 0
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS
SEC 43. Confedentiality of Records and Proceedings. - All records and proceedings involving children in conflict with law from initial contact !ntil final
disposition of the case shall be considered privileged and confidential. #!blic shall be e%cl!ded d!ring proceedings and records shall not be disclosed
directl or indirectl to anone b an of the parties or participants in the proceedings for an p!rpose whatsoever" e%cept to determine if the child in
conflict with law ma have his sentence s!spended or if he ma be granted probation !nder the #robation >aw" or to enforce the civil liabilit imposed in
the criminal action.
The component a!thorities shall !ndertake all meas!res to protect this confidentialit of proceedings" incl!ding non-disclos!re of records to the media"
maintaining a separate police blotter for cases involving children in conflict with the law and adopting a sstem of coding to conceal material information
which will lead to the child.s identit. -ecords of a child in conflict with the law shall not be !sed in s!bse9!ent proceedings for cases involving the same
offender as an ad!lt" e%cept when beneficial for the offender and !pon his written consent.
A person who has been in conflict with the law as a child shall not be held !nder an provision of law" to be g!ilt of per'!r or of concealment or
misrepresentation b reason of his fail!re to acknowledge the case or recite an fact related thereto in response to an in9!ir made to him for an
p!rpose.
TITLE VI : REHA:ILITATION AND REINTEGRATION
SEC 44. 'b1ecti!e of Rehabilitation and Reintegration. - The ob'ective of rehabilitation and reintegration of children in conflict with the law is to
provide them with interventions" approaches and strategies that will enable them to improve their social f!nctioning with the end goal of reintegration to
their families and as prod!ctive members of their comm!nities.
SEC 40. Court 'rder Re2uired. - +o child shall be received in an rehabilitation or training facilit witho!t a valid order iss!ed b the co!rt after a
hearing for the p!rpose. The details of this order shall be immediatel entered in a register e%cl!sivel for children in conflict with the law. +o child shall
be admitted in an facilit where there is no s!ch register.
SEC 4., Separate %acilities from Adults. - In all rehab or training facilities" it shall be mandator that children be separated from ad!lts !nless the are
members of the same famil. *nder no other circ!mstance shall a child in conflict with the law be placed in the same confinement as ad!lts. The
rehabilitation" training or confinement area of children in conflict with the law shall provide a home environment where children in conflict with the law can
be provided with 9!alit co!nseling and treatment.
SEC 47. %emale Children. - 0emale children in conflict with the law placed in an instit!tion shall be given special attention as to their personal needs
and problems. The shall be handled b female doctors" correction officers and social workers" and shall be accommodated separatel from male
children in conflict with the law.
SEC 48. 3ender*Sensiti!ity Training. - +o personnel of rehabilitation and training facilities shall handle children in conflict with the law witho!t having
!ndergone gender sensitivit training.
SEC 49. &stablishment of 4outh Detention 5omes. - >D*s shall set aside an amo!nt to b!ild o!th detention homes as mandated b the 0amil
,o!rts Act. Co!th detention homes ma also be established b private and +DBs licensed and accredited b the ?S/?" in cons!ltation with the @@/,.
SEC 0-. Care and Maintenance of the Child in Conflict with the Law. - The e%penses for care and maintenance of a child in conflict with the law
!nder instit!tional care shall be borne b his parents or those persons liable to s!pport him: Provided" That in case his parents or those persons liable to
s!pport him&her cannot pa all or part of said e%penses" the m!nicipalit where the offense was committed shall pa 4&8 of said e%penses or part thereof6
the province to which the m!nicipalit belongs shall pa 4&8 and the remaining 4&8 shall be borne b the national govFt. ,hartered cities shall pa 7&8 of
said e%penses6 and in case a chartered cit cannot pa said e%penses" part of the internal reven!e allotments applicable to the !npaid portion shall be
withheld and applied to the settlement of said obligations: Provided" further" That in the event that the child in conflict with the law is not a resident of the
m!nicipalit&cit where the offense was committed" the co!rt" !pon its determination" ma re9!ire cit& m!nicipalit where the child in conflict with the law
resides to sho!lder the cost.
All cit& provFl govFts m!st e%ert effort for immediate establishment of local detention homes for children in conflict with the law.
SEC 01. Confinement of Con!icted Children in Agricultural Camps and other Training %acilities. - A child in conflict with the law ma" after
conviction and !pon order of the co!rt" be made to serve his sentence" in lie! of confinement in a reg!lar penal instit!tion" in an agric!lt!ral camp and
other training facilities that ma be established" maintained" s!pervised and controlled b the 3*,B-" in coordination with the ?S/?.
SEC 0,. Rehabilitation of Children in Conflict with the Law. - ,hildren in conflict with the law" whose sentences are s!spended ma" !pon order of
the co!rt" !ndergo an or a combination of disposition meas!res best s!ited to the rehabilitation and welfare of the child as provided in the S!preme
,o!rt -!le on @!veniles in ,onflict with the >aw.
If the comm!nit-based rehabilitation is availed of b a child in conflict with the law" he shall be released to parents" g!ardians" relatives or an other
responsible person in the comm!nit. *nder the s!pervision and g!idance of the local ?S/? officer" and in coordination with his parents&g!ardian" the
child in conflict with the law shall participate in comm!nit-based programs" which shall incl!de" b!t not limited to:
(4) ,ompetenc and life skills development6
(7) Socio-c!lt!ral and recreational activities6
(8) ,omm!nit vol!nteer pro'ects6
(() >eadership training6
(:) Social services6
(;) $omelife services6
(<) $ealth services6 .
(5) Spirit!al enrichment6 and
(=) ,omm!nit and famil welfare services.
In accordance therewith" the famil of the child in conflict with the law shall endeavor to activel participate in the comm!nit-based rehabilitation. 3ased
on progress of the o!th in the comm!nit" a final report will be forwarded b the local ?S/? officer to the co!rt for final disposition of the case.
If the comm!nit-based programs are provided as diversion meas!res !nder ,hapter II" Title E" the programs en!merated above shall be made
available to the child in conflict with the law.
SEC 03. 4outh Rehabilitation Center. - The o!th rehabilitation center shall provide 7(-ho!r gro!p care" treatment and rehabilitation services !nder the
g!idance of a trained staff where residents are cared for !nder a str!ct!red therape!tic environment with the end view of reintegrating them in their
families and comm!nities as sociall f!nctioning individ!als. A 9!arterl report shall be s!bmitted b the center to the proper co!rt on the progress of the
children in conflict with the law. 3ased on the progress of the o!th in the center" a final report will be forwarded to the co!rt for final disposition of the
case. The ?S/? shall establish o!th rehabilitation centers in each region of the co!ntr.
SEC 04. 'b1ecti!es of Community +ased Programs. - The ob'ectives of comm!nit-based programs are as follows:
(a) #revent disr!ption in the ed!cation or means of livelihood of the child in conflict with the law in case he is st!ding" working or attending
vocational learning instit!tions6
(b) #revent separation of the child in conflict with the law from his parents&g!ardians to maintain the s!pport sstem fostered b their
relationship and to create greater awareness of their m!t!al and reciprocal responsibilities6
(c) 0acilitate the rehabilitation and mainstreaming of the child in conflict with the law and enco!rage comm!nit s!pport and involvement6 and
(d) 1inimize the stigma that attaches to the child in conflict with the law b preventing 'ail detention.
SEC 00. Criteria of Community*+ased Programs. - Aver >D* shall establish comm!nit-based programs that will foc!s on the rehabilitation and
reintegration of the child. All programs shall meet the criteria to be established b the @@/, which shall take into acco!nt the p!rpose of the program"
the need for the consent of the child and his parents or legal g!ardians" and the participation of the child-centered agencies whether p!blic or private.
SEC 0.. After*Care Support Ser!ices for Children in Conflict with the Law. - ,hildren in conflict with the law whose cases have been dismissed b
the proper co!rt beca!se of good behavior as per recommendation of the ?S/? social worker and&or an accredited +DB o!th rehabilitation center
shall be provided after-care services b the local ?S/? officer for a period of at least ; months. The service incl!des co!nseling and other comm!nit-
based services designed to facilitate social reintegration" prevent re-offending and make the children prod!ctive members of the comm!nit.
TITLE VII : GENERAL PROVISIONS
CHAPTER 1
E<EMPTING PROVISIONS
SEC 67. Status 'ffenees. - An cond!ct not considered an offense or not penalized if committed b an ad!lt shall not be considered an offense and
shall not be p!nished if committed b a child.
SEC 68. 'ffenses .ot Applicable to Children. - #ersons below 45 rs of age shall be e%empt from prosec!tion for crime of vagranc and prostit!tion
!nder Sec 7)7 -#," of mendicanc !nder #? 4:;8" and sniffing of r!gb !nder #? 4;4=" s!ch prosec!tion being inconsistent with the *+ ,onvention
on the -ights of the ,hild: Provided" That said persons shall !ndergo appropriate co!nseling and treatment program.
SEC 69. &:emption from the Application of Death Penalty. - The -#, provisions as amended" -A =4;: otherwise known as the ,omprehensive
?angero!s ?r!gs Act of 7))7" and other special laws notwithstanding" no death penalt shall be imposed !pon children in conflict with the law.
CHAPTER ,
PROHI:ITED ACTS
SEC ;<. Prohibition Against Labeling and Shaming. - In the cond!ct of the proceedings beginning from initial contact with the child" competent
a!thorities m!st refrain from branding or labeling children as o!ng criminals" '!venile delin9!ents" prostit!tes or attaching to them in an manner an
other derogator names. >ikewise" no discriminator remarks and practices shall be allowed partic!larl with respect to the child.s class or ethnic origin.
SEC ;=. 'ther Prohibited Acts. - The following and an other similar acts shall be considered pre'!dicial and detrimental to pschological" emotional"
social" spirit!al" moral and phsical health and well-being of the child in conflict with the law and therefore" prohibited:
(a) Amploment of threats of whatever kind and nat!re6
(b) Amploment of ab!sive" coercive and p!nitive meas!res s!ch as c!rsing" beating" stripping" and solitar confinement6
(c) Amploment of degrading" inh!man end cr!el forms of p!nishment s!ch as shaving the heads" po!ring irritating" corrosive or harmf!l
s!bstances over the bod of the child in conflict with the law" or forcing to walk aro!nd the comm!nit wearing signs which embarrass" h!miliate"
and degrade his personalit and dignit6 and
(d) ,ompelling the child to perform invol!ntar servit!de in an and all forms !nder an and all instances.
CHAPTER 3
PENAL PROVISION
SEC ;>. ?iolation of the Pro!isions of this Act or Rules or Regulations in 3eneral. - An person who violates an provision of this Act or an r!le or
reg!lation prom!lgated in accordance thereof shall !pon conviction for each act or omission be p!nished b fine of not less than #7)"))) b!t not more
than #:)"))) or s!ffer imprisonment of not less than 5 rs b!t not more than 4) rs" or both s!ch fine and imprisonment at the discretion of the co!rt"
!nless a higher penalt is provided for in the -evised #enal ,ode or special laws. If the offender is a p!blic officer or emploee" he shall" in addition to
s!ch fine and&or imprisonment" be held administrativel liable and shall s!ffer the penalt of perpet!al absol!te dis9!alification.
CHAPTER 4
APPROPRIATION PROVISION
SEC .3. Appropriations. - The amo!nt necessar to carr o!t initial implementation of this Act shall be charged to the Bffice of the #resident.
Thereafter" s!ch s!ms as ma be necessar for the contin!ed implementation of this Act shall be incl!ded in the s!cceeding Deneral Appropriations Act.
An initial amo!nt of #:)1 for the p!rpose of setting !p the @@/, shall be taken from the proceeds of the #,SB.
TITLE VIII : TRANSITORY PROVISIONS
SEC .4. Children in Conflict with the Law =6 4rs 'ld and +elow. - *pon effectivit of this Act" cases of children 4: rs old and below at time of
commission of crime shall immediatel be dismissed and child shall be referred to the appropriate local ?S/? officer. S!ch officer" !pon thoro!gh
assessment of the child" shall determine whether to release child to c!stod of parents" or refer child to prevention programs as provided !nder this Act.
Those with s!spended sentences and !ndergoing rehabilitation at the o!th rehabilitation center shall likewise be released" !nless it is contrar to the
best interest of the child.
SEC .0. Children Detained Pending Trial. - If the child is detained pending trial" the 0amil ,o!rt shall also determine whether or not contin!ed
detention is necessar and" if not" determine appropriate alternatives for detention. If detention is necessar and he is detained with ad!lts" the co!rt
shall immediatel order the transfer of the child to a o!th detention home.
SEC ... )n!entory of @Loc,ed*up@ and Detained Children in Conflict with the Law. - The #+#" the 3@1# and the 3*,B- are hereb directed to
s!bmit to the @@/," within =) das from the effectivit of this Act" an inventor of all children in conflict with the law !nder their c!stod.
SEC .7. Children "ho Reach the Age of =8 4rs Pending Di!ersion and Court Proceedings. - If a child reaches 45 rs pending diversion and co!rt
proceedings" the appropriate diversion a!thorit in cons!ltation with the local ?S/? officer or the 0amil ,o!rt in cons!ltation with the Social Services
and ,o!nseling ?ivision (SS,?) of the S," as the case ma be" shall determine the appropriate disposition. In case the appropriate co!rt e%ec!tes the
'!dgment of conviction" and !nless child in conflict with law has alread availed of probation !nder #? ;)8 or other similar laws" the child ma appl for
probation if 9!alified !nder the provisions of the #robation >aw.
SEC .8. Children "ho 5a!e +een Con!icted and are Ser!ing Sentence. - #ersons who have been convicted and are serving sentence at the time of
the effectivit of this Act" and who were below the age of 45 rs at the time the commission of the offense for which the were convicted and are serving
sentence" shall likewise benefit from the retroactive application of this Act. The shall be entitled to appropriate dispositions provided !nder this Act and
their sentences shall be ad'!sted accordingl. The shall be immediatel released if the are so 9!alified !nder this Act or other applicable law.
TITLE I< : FINAL PROVISIONS
SEC .9. Rule Ma,ing Power. - The @@/, shall iss!e I--s for implementation of the provisions of this act within =) das from the effectivit thereof.
SEC 7-. Separability Clause. - If" for an reason" an Sec or provision of this Act is declared !nconstit!tional or invalid b S," the other Secs or
provisions hereof not dfected b s!ch declaration shall remain in force and effect.
SEC 71. Repealing Clause. - All e%isting laws" orders" decrees" r!les and reg!lations or parts thereof inconsistent with the provisions of this Act are
hereb repealed or modified accordingl.
SEC 7,. &ffecti!ity. - This Act shall take effect after 4: das from its p!blication in at least 7 national newspapers of general circ!lation.
Approved: April 75" 7));