Juvenile Act

What is the Juvenile Justice and Welfare System?
"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) Definition of child in conflict with the law

Sec. 4 (e), RA 9344."Child in conflict with the law" a child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine laws.
(b) Minimum age of criminal responsibility

Sec. 6, RA 9344. Minimum Age of Criminal Responsibility.-A child fifteen (15) years of
age or under at the time of the commission of the offense shall be exempt from criminal liability.
However, the child shall be subjectedto an intervention program pursuant to Section 20 of this Act.
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.
(c) Determination of Age

[Sec. 7, RA 9344]Presumption: Minority of child in conflict with the law. S/he shall enjoy all the
rights of a child in conflict with the law until s/he is proven to be 18 years old or older.
The age of a child may be determined from:

(a) The childs birth certificate,
(b) Baptismal certificate, or
(c) Any other pertinent documents.
In the absence of these documents, age may be based on:

(a) Information from the child himself/herself,
(b) Testimonies of other persons,
(c) The physical appearance of the child, and
(d) Other relevant evidence.
In case of doubt as to the childs age, it shall be resolved in his/her favor.
(d) Exemption from criminal liability

(1)15 yrs old or below at the time of commission of offense: ABSOLUTELY EXEMPT from criminal
liability but subject to intervention program
(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)
(e) Treatment of child below age of responsibility [Sec. 20, RA 9344]

If it has been determined that the child taken into custody is fifteen (15) years old or below,
the authority which will have an initial contact with the child has the duty to:
1. Immediately release the child to the custody of his/her parents or guardian, or in the
absence thereof, the child's nearest relative.
2. Shall give notice to the local social welfare and development officer who will determine
the appropriate programs in consultation with the child and to the person having custody
over the child.
3. If the parents, guardians or nearest relatives cannot be located, or if they refuse to
take custody, the child may be released to any of the following:
a. a duly registered nongovernmental or religious organization;
b. a barangay official or a member of the Barangay Council for the Protection of
Children (BCPC);
c. a local social welfare and development officer; or when and where appropriate, the
DSWD.
4. If the child referred to herein has been found by the Local Social Welfare and Development
Office to be abandoned, neglected or abused by his parents, or in the event that the parents
will not comply with the prevention program, the proper petition for involuntary
commitment shall be filed by the DSWD or the Local Social Welfare and Development Office
pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare
Code".
(f) Status offenses under Sec. 57 of RA 9344

Sec. 57. Status Offenses. -Any conduct not considered an offense or not penalized if committed
by an adult shall not be considered an offense and shall not be punished if committed by a child
(g) Offenses not applicable to children under Sec. 58 of RA 9344

Persons below eighteen(18) years of age shall be exempt from prosecution for the crime of:
1. vagrancy and prostitution under Section 202 of the Revised Penal Code,
2. mendicancy under Presidential Decree No. 1563, and
3. sniffing of rugby under Presidential Decree No. 1619,
(a) Such prosecution being inconsistent with the United Nations Convention on the Rights
of the Child
(b)Provided, that said persons shall undergo appropriate counseling and treatment
program.
Basis: Complete absence or lack of intelligence

Juvenile Act

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What is the Juvenile Justice and Welfare System?

(a) Definition of child in conflict with the law

(b) Minimum age of criminal responsibility

(c) Determination of Age

The age of a child may be determined from:

In the absence of these documents, age may be based on:

In case of doubt as to the childs age, it shall be resolved in his/her favor.

(d) Exemption from criminal liability

(e) Treatment of child below age of responsibility [Sec. 20, RA 9344]

(f) Status offenses under Sec. 57 of RA 9344

(g) Offenses not applicable to children under Sec. 58 of RA 9344

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