Professional Documents
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Juvenile Act
Juvenile Act
"Juvenile Justice and Welfare System" refers to a system dealing with children 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 aftercare to ensure their
normal growth and development. [Title V: Juvenile Justice and Welfare System of RA 9344]
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance
with this Act.
The exemption from criminal liability herein established does not include exemption from
civil liability, which shall be enforced in accordance with existing laws.
(2) Over 15 yrs old but below 18: EXEMPTfrom criminal liability & subject to intervention
program
If acted w/ discernment subject to diversion program
(3)Below 18 yrs are exempt from:
(a)Status offense
(b)Vagrancy and Prostitution
(c)Mendicancy (PD1563)
(d)Sniffing of Rugby
(PD 1619)Discernmentmental capacity to understand the difference between right and wrong as
determined by the childs appearance , attitude, comportment and behavior not only before and
during the commission of the offense but also after and during the trial. It is manifested through:
1. Manner of committing a crime Thus, when the minor committed the crime during nighttime
to avoid detection or took the loot to another town to avoid discovery, he manifested
discernment.
2. Conduct of the offender The accused shot the victim with his sling shot and shouted Putang
ina mo.
Note: The exemption from criminal liability shall not include exemption from civil liability.
Automatic Suspension of Sentence Once the child who is under eighteen (18) years of age at the time
of the commission of the offense is found guilty of the offense charged, the court shall determine
and ascertain any civil liability which may have resulted from the offense committed. However,
instead of pronouncing the judgment of conviction, the court shall place the child in conflict with
the law under suspended sentence, without need of application: Provided, however, That suspension
of sentence shall stillbe applied even if the juvenile is already eighteen years (18) of age or more
at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various circumstances of the child, the court
shall impose the appropriate disposition measures as provided in the Supreme Court Rule on
Juveniles in Conflict with the Law. (Sec. 38)
Discharge of the Child in Conflict with the Law-Upon the recommendation of the social worker who
has custody of the child, the court shall dismiss the case against the child whose sentence has
been suspended and against whom disposition measures have been issued, and shall order the final
discharge of the child if it finds that the objective of the disposition measures have been
fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability resulting from
the commission of the offense, which shall be enforced in accordance with law. (Sec. 39)