JUVENILE JUSTICE

AND WELFARE ACT

REPUBLIC ACT 9344
REPUBLIC ACT 9344
Or the “Juvenile Justice and Welfare Act” defines the
Juvenile Justice and Welfare System as a system
dealing with chilren-at-risk and children-in-conflict-
with-the-law, which provides child-appropriate
proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration
and after care to ensure their normal growth and
development.
WHO ARE THE SUBJECT OF THIS
LEGISLATION

“Child” refers to a person under the age of eighteen (18)

years.
a. “Child who is above twelve (12) years of age” refers to a
child who is at least twelve (12) years and one (1) day old.
b. “Child who is above fifteen (15) years of age” refers to a
child who is at least fifteen (15) years and one (1) day old
CHILD/CHILDREN?
1. “Children-at-risk” or “CAR” refers to children who are
vulnerable or at-risk of behaving in a way that can harm
themselves or others, or vulnerable and at risk of being
pushed and exploited to come into conflict with the law
because 11 of personal, family and social circumstances,
and
2. Child in conflict with the law” or “CICL” refers to a child
who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws
CHILD/CHILDREN-AT-RISK
a. being abused by any person; b. being exploited sexually or
economically;
c. being abandoned or neglected, and after diligent search and
inquiry, the parents or guardians cannot be found;
d. coming from a dysfunctional or broken family or being without a
parent or guardian;
e. being out of school; f. being a street child;
g. being a member of a gang;
h. living in a community with a high level of criminality or drug
abuse; and
i. living in situations of armed conflict.
CHILDREN-AT-RISK ALSO INCLUDES THOSE
WHO COMMIT ANY OF THE FOLLOWING:

(1) Status offenses under Section 57 of the Act;

(2) Prostitution under Section 202 of the Revised
Penal Code, as amended;
(3) Mendicancy under Presidential Decree No. 1563;
and
(4) Sniffing of rugby under Presidential Decree No.
1619.
CHILDREN OF INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS PEOPLES
(ICCS/IPS)
Consistent with Section 15 of Republic Act No. 8371, or “The
Indigenous Peoples’ Rights Act of 1997,” ICCs/IPs shall, in dealing
with children in conflict with the law, have the right to use their own
commonly-accepted justice systems, conflict resolution institutions,
peace-building processes or mechanisms, and other customary laws
and practices, within their respective communities, as may be
compatible with the national legal system and with internationally-
recognized human rights.
RA 9344 AS AMENDED BY RA 10630
• Before, the Juvenile Justice and welfare Council was under the Department of Justice now it was
transfered to Social welfare and Development for a mor eintensive assessment of the CICL;
• The Youth detention home was renamed as Bahay Pag-asa providing short-term residential care for CICL
who are above 15 but below 18 years of age who are awaiting court disposition of their cases or transfer
to other agencies or jurisdiction;
• In the Juvenile Justice and welfare Council or the JJWC which was created and attached to the
Department of Justice was transfered to DSWD, and added the Department of Justice among the
coordinating agencies thereof;
• Among the duties and functions of the JJWC as cited in Section 9 of RA 9344, consultation with the
various leagues of local governemtn officials in the formulation and recommendation of policies and
strategies for the prevention of juvenile deliquency and the promotion of juvenile justice and welfare
was added; and
• Section 12 RA 10630, Mandatory registry of CICL must be reported by the JJWC and shall submit an
annual report to congress on the implementation of the provisions of this Act.
PRINCIPLE OF RESTORATIVE JUSTICE
Restorative justice refers to a principle that requires a process of resolving
conflicts with the maximum involvement of the victim, the offender, their
families and the community. Among others, it seeks to achieve the following
goals:
(1) Reparation for the victim;
(2) Reconciliation of the offender, the offended and the community;
(3) Reassurance to the offender that he or she can be reintegrated into society;
and
(4) Enhancement of public safety by activating the offender, the victim and the
community in prevention strategies and programs
OTHER SECTORS WHO PLAY IMPORTANT
ROLES

• The family
• The educational system
• The mass media
• The local government units
RIGHT OF A CICL
Every child in conflict with the law shall have the following rights, including but
not limited to:
(a) The right not to be subjected to torture or other cruel, inhuman or degrading
treatment or punishment;
(b) The right not to be imposed upon a sentence of capital punishment or life
imprisonment, without the possibility of release;
(c) The right not to be deprived, unlawfully or arbitrarily of his or her liberty;
detention or imprisonment being a disposition of last resort, and which shall be
for the shortest appropriate period of time;
(d) The right to be treated with humanity and respect for the inherent dignity of
the person, and in a manner which takes into account the needs of a person
appropriate to their age;
 RIGHT OF CICL

(e) The right to prompt access to legal and other appropriate assistance, as well as the right to
challenge the legality of the deprivation of liberty before a Court or other competent,
independent and impartial authority, and the right to a prompt decision in such action;
(f) The right to bail and recognizance, in appropriate cases;
(g) The right to testify as a witness for his or her own behalf, under the Supreme Court Rule on
the Examination of a Child Witness;
(h) The right to privacy to be fully respected and protected at all stages of the proceedings;
(i) The right to diversion, if the child is qualified and voluntarily avails of the same;
(j) The right to receive judgment, where the penalty is proportionate to the gravity of the
offense, and where the CICL’s best interest, the rights of the victim and the needs of society, are
all taken into consideration by the Court, consistent with the principle of restorative justice;
RIGHTS OF CICL

(k) The right to have restrictions on personal liberty limited to a minimum, and where discretion
is given by law to the Judge to determine whether to impose a fine or a term of imprisonment,
the imposition of a fine shall be preferred as the more appropriate penalty;
(l) In general, the right to automatic suspension of sentence;
(m) The right to probation as an alternative to imprisonment, if qualified under the Probation
Law;
(n) The right to be free from liability for perjury, concealment or misrepresentation; and
(o) Other rights, as provided for under existing laws, rules and regulations.
GUIDELINES ON THE IMPLEMENTATION OF
THIS ACT
1. Initial contact (arrest if in adults) with the child
2. Initial Investigation
3. Case referral
4. Turn over of custody
5. Management of Criminal Responsibility (Intervention, Diversion, Compliance
and or Prosecution)
6. Rehabilitation and integration
7. After care support services
INITIAL CONTACT WITH THE CHILD

Taking Custody of a Child Without a Warrant

The law enforcement officer or a private person taking into custody a child in
conflict with the law without a warrant shall observe the provisions in Sections
5, 8 and 9 of Rule 113 of the Revised Rules of Criminal Procedure, and shall
forthwith deliver the child to the nearest police station. The child shall be
proceeded against, in accordance with Section 7 of Rule 112 of the Rules of
Criminal Procedure.
 INITIAL CONTACT WITH THE CHILD
Procedure for Taking Child Into Custody
(1) Properly identify oneself and present proper identification to the child.
(2) Immediately notify the child’s parents or guardians, LSWDO and the PAO of the child
appehension—8hrs
(3) Explain to the child, in simple language and in a language or dialect, which the child
jnderstands the reason for placing custody over the child, the offense allegedly committed,
and the constitutional rights of the child and the child’s rights under RA 7438
(4) Determine the age of the child;
(5) Take the child immediately to the proper medical or health officer;
(6) Turn over the custody of the child
INITIAL INVESTIGATION

The initial investigation is the stage after initial contact, when the law
enforcement officer gather relevant evidence including the
testimonies of witnesses, documents, object evidence, local
knowledge and review of scenes when a crime allegedly involving a
child is reported.
INITIAL INVESTIGATION

The law enforcement officer may interview a child for the purpose of
determining the child’s personal circumstance including among others, his or
her name, name of his or her parents, the child’s date of birth, and home
address. (Law enforcement officer from the Women and Child Protection Desk)
CASE REFERRAL :WHERE?
After the initial investigation, the law enforcement officer shall determine if the
case of the child shall be referred to:
(1)The LSWDO for intervention (a) Fifteen (15) years old or below; or (b) Above
15 but below 18 years of age and acted without discernment.
(2)Diversion: (a) Law enforcement officer, if the child is above 15 but below 18
years of age, acted with discernment, and allegedly committed an offense
with an imposable penalty of not more than six (6) years of imprisonment; or
(b) LSWDO, child is above 15 but below 18 years of age, acted with
discernment, and allegedly committed a victimless offense with an imposable
penalty of not more than six (6) years of imprisonment;
(3)The Prosecutor or Judge, if the child is above fifteen (15) but below 18 years
of age, acted with discernment, and allegedly committed an offense with an
imposable penalty of more than six (6) years of imprisonment.
TURN OVER CUSTODY

LSWDO shall then explain to the child and the child’s parents or
guardians, the consequences of the child’s act with a view towards
providing counseling and rehabilitation; diversion from the criminal
justice system; and whenever appropriate, obtaining reparation for
the victim or victims
PROHIBITED ACT WHEN THE CHILD IS IN
CUSTODY:

• Display and Use of Instruments of Force or Restraint

• Violence or Unnecessary Force
• locked up in a detention cell ---Bahay Pag-asa instead
• Body Search by an Officer of the Opposite Sex
• Contact with Adult Offenders and Offenders of Opposite Sex
• Vulgar Language
• Harassment and abuse
MANAGEMENT OF CRIMINAL
RESPONSIBILITY
A. EXEMPTION: (1) A child fifteen (15) years of age or under at the time of the commission
of the offense; and (2) A child above fifteen (15) years but below eighteen (18) years of
age, who acted without discernment, at the time of the commission of the offense.
TREATMENT: INTERVENTION PROGRAM
***However, there would be no exemption from civil liability

B. NOT EXEMPTED: above fifteen (15) years but below eighteen (18) years of age, who
acted with discernment, at the time of the commission of the offense.
TREATMENT: DIVERSION
 CRIMINAL RESPONSIBILITY: EXEMPTED
When? When a child is 15 years old and below

Determination of the Age of the Child:

(1)Obtain documents that show proof of the child’s age
(2)The law enforcement officer may obtain the above documents
(3)If the above documents cannot be obtained or pending receipt of such
documents, the law enforcement officer shall exhaust other measures to
determine the age of the child by:(1) Interviewing the child and obtaining
information that indicate age (e.g., date of birth, grade level in school), (2)
Interviewing persons who may have knowledge of the age of the child (e.g.,
relatives, neighbors, teachers, classmates (3) Evaluating the physical
appearance (e.g., height, built) of the child; and (4) Obtaining other relevant
evidence of age.
Presumption of Age of Minority In Case of Doubt

In case of doubt as to the age of the child, after all the measures are
exhausted to determine it, the doubt shall be resolved in favor of the
child’s minority.
WHEN THE CHILD IS BELOW THE AGE OF
CRIMINAL RESPONSIBILITY
• Immediate Release of the Child
• Custody of the Child Below Age of Criminal Responsibility
(1)Duly-registered non-governmental or religious organization;
(2)Barangay Official;
(3) Member of the BCPC;
(4l) LSWDO; or
(5) DSWD, when and where appropriate.
PETITION FOR INVOLUNTARY COMMITMENT
In the event that a parent or guardian does not agree with the temporary
custody of the child, the LSWDO shall carefully review the case of the child and
file a Petition for Involuntary Commitment when sanctioned by law, in
accordance with P.D. 603 and the Supreme Court Rule on the Commitment of
Children.
A child in conflict with the law is considered:
a. Dependent
b. Abandoned
c. Neglected
d. Abused
INTERVENTION

The child shall be mandatorily placed in a special

facility within the youth care facility or “‘Bahay Pag-
asa,”’ which shall be called the Intensive Juvenile
Intervention and Support Center (IJISC).
CRIMINAL RESPONSIBILITY: NOT EXEMPTED

• Diversion. 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 the child’s social, cultural, economic, psychological or
educational background, without resorting to formal
Court proceedings.
WHO SHALL UNDERGO DIVERSION
(a)Is above fifteen (15) years but below eighteen (18) years
of age;
(b) Acted with discernment; and
(c) Allegedly committed an offense with an imposable
penalty of not more than(6) years of imprisonment if
diversion is conducted at the barangay, police or
prosecutor’s level; and not more than twelve (12) years of
imprisonment, if diversion is resorted to by the Court.
WHERE DIVERSION MAY BE IMPLEMENTED
If the punishment for the offense committed is not more than six (6) years:
a. Katarungang pambarangay level
b. Police investigation stage
c. Preliminary investigation stage

If the offense with the imposable penalty of not more than six (6) years imprisonment is a
victimless crime, the diversion proceedings shall be managed by the LSWDO, in coordination
with the BCPC.

If the imposable penalty for the offense committed exceeds six (6) years of imprisonment but
not more than twelve (12) years of imprisonment, diversion may be resorted to only by the
Court.
DIVERSION PROCEEDINGS ARE DEEMED
TERMINATED WHEN:

(1)A Contract of Diversion has been entered into;

(2)The forty-five day period expires without any agreement reached;
(3)The child or the parents or guardian do not consent to a diversion;
(4) The authority conducting the diversion finds that diversion is not applicable
based on the factors enumerated in the immediately preceding Rule.
DIFFERENT KINDS OF DIVERSION PROGRAM
(1)At the level of the Punong Barangay:
(a)Restitution of property;
(b) Reparation of the damage caused;
(c) Indemnification for consequential damages;
(d) Written or oral apology;
(e) Care, guidance and supervision orders;
(f) Counseling for the child in conflict with the law and the child’s family;
(h) Participation in available community-based programs, including community
service;
(i) Participation in education, vocation and life skills programs.
DIFFERENT KINDS OF DIVERSION PROGRAM
(2) At the level of the law enforcement officer and the Prosecutor:
(a) Diversion programs specified under paragraphs (1)(a) to (1)(i) above; and
(b) Confiscation and forfeiture of the proceeds or instruments of the crime.

(3) At the level of the appropriate Court:

(a) Diversion programs specified under paragraphs (a) and (b) above;
(b) Written or oral reprimand or citation;
(c) Fine;
(d) Payment of the cost of the proceedings; or
(e) Institutional care and custody.
REHABILITATION AND REINTEGRATION
Rehabilitation is the process of rectifying or modifying a child’s negative attitude
and behavior. It enables the child to change his or her negative behavior into
something positive and acceptable to the community.
Rehabilitation can be implemented in the community or in a youth
rehabilitation facility.

Reintegration is the process, which promotes or facilitates the acceptance of the

child back into the family and the community. Reintegration aims to heal the
victim’s and the community’s wounds that was inflicted upon them by the
offense committed by the child in conflict with the law.
Rehabilitation is integral to the process of reintegration.
DIFFERENT REHABILITATION PROGRAMS

• Community-Based Programs for Rehabilitation

• Residential Rehabilitation
AFTER-CARE SUPPORT SERVICES

After-care support services, which include counseling and other community-

based services, are designed to facilitate social reintegration, prevent re-
offending and make the children productive members of the community.
These services may include but should not be limited to seminars or workshops,
life skills development, sports clinics activities, skill and livelihood programs for
future employment, and membership to existing youth organizations that
enhance and teach life skills and positive lifestyle, and other preventive
programs.
EXEMPTING PROVISIONS

• Status Offenses, When Not Punishable

• Exemption from Punishment from Local Ordinances
• Exemption from Prosecution as provided by this act
• Exemption from the Application of the Death
Penalty
PROHIBITED ACTS AND PENAL PROVISION

• Labelling and Shaming

• Acts of Discrimination
• Acts Prejudicial and Detrimental to the
Development of the Child
• Other Prohibited Acts (privacy and disclosure of
information)
 UPDATES

On January 22, 2019, the house of reprsentatives approved on third

and final reading a bill that would lower the minimum age of
criminal responsibility oc CICL. House Bill 8858, children aged 9 to
below 15 will face criminal charges if found guilty of committing
serious crimes. The Senate is considering its own version of the bill.
Two days later, the committee increased the minimum age of criminal
responsibility (MACR) from 9 to 15.
CHILD AND YOUTH WELFARE CODE
“Every child has the right to grow up as a free
individual, in an atmosphere
Of peace, understanding, tolerance,
and universal brotherhood,
And with the determination to contribute
his share in the building of better world.:
Article 3, section 12
Thank you for listening!

END OF MY REPORT