JUVENILE JUSTICE

WELFARE ACT OF
2006
Republic Act No.
9344

Overview/Outline of Topics
Brief History and Background
of the Law
Salient Features of R.A.
No.9344

Role of the Barangay Council

for Protection of Children in the
Implementation of R.A.9344

UN Convention on the
Rights of the Child
Four Categories of Child Rights:
Survival Rights
Developmental Rights
Protection Rights
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 below which
children cannot be held criminally
responsible
To provide the minimum guarantees for the
fairness and quick resolution of judicial or
alternative proceedings

Philippine Laws
National Laws protecting the Rights of Children

in Conflict with the Law (CICL)were limited.

P.D. No. 603 or the Child and Youth Welfare
Code spelled out special procedures in handling
CICL

History
Continued violations of child rights were
easily observed at the time of arrest and
incarceration of a CICL.

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.

Principle of Restorative Justice

A process of resolving conflicts with the
maximum involvement of the victim, the
offender and the community.
Reparation for the victim / Reconciliation of
the offender, the offended party and the
community / Reassurance to the offender
that he or she can be reintegrated into society.

On Restorative Justice
Enhancement of public safety by activating
the offender, the victim and the community in
prevention strategies.
It is one that presumes that children in
conflict with the law are themselves victims.

Diversion
The various processes by which
child offenders are prevented from
entering the formal criminal justice
system.
A typical component
restorative approach.

of

the

Revised Penal Code (RPC)

Outdated because it was enacted in1932
Adult-oriented / Distinct circumstances
of a CICL are not taken into account / No
Diversion /Stigma of Criminality / No
provision for aftercare / Punishes Status
Offenses
There is a need for a law outside the
RPC

AN ACT ESTABLISHING A
COMPREHENSIVE JUVENILE
JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE
AND WELFARE COUNCIL UNDER THE
DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES.

R.A. 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

Best Interest of the Child refers to

the totality of the circumstances and
conditions which are most congenial to the
survival, protection and feelings of security of
the child and most encouraging to the childs
physical, psychological and emotional
development. It also means the least
detrimental available alternative for
safeguarding the growth and development of
the child.

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 reasons or problems.

Age of Criminal Responsibility

Children above 15 years of age

but below 18 years of age who

acted WITH DISCERNMENT
Increased from above 9 years old
to above 15 years old

Discernment
The mental capacity of a child to
understand the difference between what is
right or wrong and the consequences of his
acts
Discernment
relates to the moral significance that the
person attaches to the act

Assessment on Discernment
Preliminary assessment must be
conducted by the Local Social Welfare
Development Officer (LSWDO) 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.

Final Assessment by
Court
It is incumbent upon the prosecution to
prove that said minor acted with
discernment.
Minor between the ages of 15 and 18
must have FULLY appreciated the
consequences of the unlawful act.

How to Determine Discernment

Take into consideration all the facts and
circumstances in the records of each case such
as:
Appearance / Attitude /Comportment of the
CICL.
Before, during and after the commission of the
crime.
Also during trial.

Determination of Age
Presumption of minority/ has rights of
CICL until proven 18 years old or older
Birth certificate, baptismal certificate,
other pertinent documents (school
records)

In the absence:
Information from child, physical
appearance, testimonies of other
persons or other relevant
evidence.

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.

Procedure for Children Criminally

Exempted
They have civil liability to be borne by the
parents
They must undergo TERTIARY INTERVENTION PROGRAM which is the same as diversion
PROGRAM

Intervention Program
A series of activities designed to address
issues that caused the child to commit an
offense.
Three Levels Primary, Secondary and
Tertiary
For CICLs, they must undergo the Tertiary
Level of Intervention.
Tertiary Level of Intervention is the same
as DIVERSION.

(a) Primary intervention includes general

measures to promote social justice and equal
opportunity, which tackle perceived root
causes of offending;
(b) Secondary intervention includes
measures to assist children at risk; and
(c) Tertiary intervention includes measures
to avoid unnecessary contact with the formal
justice system and other measures to prevent
re-offending.

Procedure on Intervention
A CICL

15 years old and below taken

into custody, must be immediately
released to his/her parents,
BCPC,LSWDO
With Notice to LSWDO to determine
appropriate programs with child, parents
if D-A-N (dysfunctional family,
abandoned, neglected)

 Child does not comply with

intervention ,LSWDO files for
Involuntary Commitment

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 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.

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.

Katarungang Pambarangayv Level

Conducted by the Lupon Tagapamayapa,

chaired by the Punong Barangay, with the

assistance of the members of the BCPC.
Punong Barangay shall conduct
mediation / family conferencing /conciliat
ion / adopt indigenous modes of conflict
resolution.

Barangay Level
Absence of the offended party or
his/her disagreement in its conduct shall
not prevent the proceedings from being
conducted.
The Punong Barangay shall, however,
endeavor to obtain the participation and
the consent of the offended party in the
formulation of the diversion.

Barangay Level
Objectives:

restorative justice /formulation

of a diversion program.
Child and his/her family shall be present
in the conduct of these diversion
proceedings.
Offended party may participate in the
diversion proceedings.

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

On Diversion Program
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:

Childs feelings of remorse for the offense he
or she committed / Parents 'or legal guardians
ability to guide and supervise the child

Victims view
about the propriety of the measures to be
imposed / Availability of communitybased programs for rehabilitation and
reintegration of the child
/

Kinds of Diversion Program

Restitution

of property

Reparation of the damage caused

Indemnification for consequential damages
Written or oral apology
Care, guidance and supervision orders Counseling for the CICL and the
child's family
Attendance in trainings, seminar and lectures on: anger management
skills, problem solving and/or conflict resolution skills, values formation,
other skills in dealing w situations which can

Care, guidance and supervision orders

Counseling for the CICL and the child's
family
Attendance in trainings, seminar and
lectures on: anger management skills,
problem solving and/or conflict
resolution skills, values formation

Barangay Level
Participation in available
community-based programs
including community service
Participation in education,
vocation and life skills programs

Law Enforcement &Prosecution

& Social Worker Level
Diversion programs previously specified.

Confiscation and forfeiture of the proceeds

or instruments of the crime.

Court Level
Diversion programs previously specified
Written or oral reprimand or citation

Fine
Payment of cost of the proceedings
Institutional care and custody

Court Proceedings
Apply privileged mitigating circumstance of Minority
to fix, Reduce Bail
IF CHILD IS DETAINED: Release On Recognizance,
Bail, Transfer to Youth Home, Rehabilitation Center
Institutionalization Last Resort, for Shortest Period

No detention of child in jail pending trial

When CICL Found Guilty

Determine Civil Liability
Instead of pronouncing judgment of
conviction, automatic suspension
of sentence full credit of time in
detention, actual confinement /other
disposition measures under SC Rule on
JICL

Jurisprudence on
Suspension of Sentence
Automatic Suspension of service of sentence
DOES NOTAPPLY when penalty is
reclusion perpetua
, life imprisonment or death
(Declarador v. Hon. Gubaton, GR No.159208, 18
Aug. 2006)

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

On Rehabilitation . . .
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

Return to Court for Execution

of Judgment
For failure to comply with
disposition, rehabilitation condition
CICL reached 18 under
suspended sentence: Court orders discharge,
execute sentence, extend rehabilitation until
maximum of 21 years old

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
LSWDO
Discharge from rehabilitation center
Provided aftercare for at least 6 months
by LSWDO

Prohibited Acts !
Branding, Labeling
/Discriminatory Remarks / Threats /
Abusive, Coercive, Punitive
Measures / Degrading, Inhuman,
Cruel Forms of Punishment /
Compelling child to perform
Involuntary Servitude

PENALTIES UNDER
RA9344
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

Additional Information
Drug pushers using minors as runners,
couriers, messengers
of dangerous drugs: Liable under
R.A. 9165; Penalty: Life ImprisonmentDeath, FineP500T-P10M
Controlled precursors, chemicals 12 years, 1
day 20 years, fineP100T-P500T