Juvenile Justice and

Welfare Act of 2006

 a person under 18 years of age

 a minor 15 years and below has no

criminal responsibility at all;

 above 15 years but below 18 also

has no criminal responsibility unless
they acted with discernment.
an alternative, child-appropriate
process of determining the
responsibility and treatment of a child in
conflict with the law on the basis of
his/her social, cultural, economic,
psychological or educational
background without resorting to formal
court proceedings
 a series of activities designed to
address issues that caused the child
to commit an offense.
 Primary Intervention - which includes measures to
promote social justice an equal opportunity which
more often than not is the root cause for the
commission of crimes;

 Secondary Intervention – which includes measures

to assist children at risk; and

 Tertiary Intervention – which includes measures to

avoid unnecessary contract with the formal justice
system and measures to avoid re-offending such
as diversion, rehabilitation and reintegration
programs.
 Right to be treated with humanity and
respect;
 Right not to be subjected to torture, cruel or
inhuman treatment;
 Right to bail or recognizance;
 Right to privacy;
 Right to probation, if qualified;
 Right to diversion, if qualified;
 Right to automatic suspension of sentence;
 Right not to be deprived arbitrarily of his
liberty or restricted more than as
necessary;
 Right to be separated from adult offenders;
 Right to maintain contact with his family
 Right not be imposed the death sentence
 Right to be free from perjury concealment
or misrepresentation
Refers to the the apprehension or
taking into custody of a child in
conflict with the law by law
enforcement or private citizens
 In the event a CICL is
apprehended or taken into custody
by private citizens, the child shall be
immediately referred to the
appropriate law enforcement officer
for the child to undergo the proper
investigation.
From the moment the child is taken into
custody, the law enforcement officer shall:
1. IDENTIFY himself;
2. EXPLAIN to the child why he is taken into
custody; the offense committed; and his rights
earlier enumerated.
The following should be avoided:
use of vulgar language, display of instruments of force,
subjecting the child to restraint than is necessary, use
of violence or unnecessary force.
3. NOTIFY the parents/guardians, local or DSWD social
worker, and the PAO, not later than 8 hours from the time
the child is taken into custody;
4. Immediately DETERMINES the age of the child by
securing his birth/baptismal certificate, school records or
other pertinent documents, or by interviewing the child or
persons who have knowledge, by physical appearance,
etc.
5. TAKE the child to a medical officer for a physical and
mental examination;
6. TURN OVER the child to the local/DSWD social worker
within 8 hours after he is taken into custody
It is the stage after initial contact when the
law enforcement officer takes the
statement of the CICL.
The law enforcement officer shall make
the initial investigation by taking the
statement of the child:
1. in a language that the child understands
2. in a friendly and non-intimidating manner
3. in a separate room or place where the child
is comfortable
4. privacy must be observed at all times.
The statement shall be taken in the presence of:
a. the child’s lawyer or the PAO lawyer;
b. child’s parents, guardians or nearest relative,
representative of an NGO, religious group or
member of the BCPC; and
c. the social worker.

Statement shall be signed by the child,

witnessed by all those present
a. whether handcuffs or instruments of
restraint were used; if so, the reason therefore;
b. that parents/guardians, social worker and
PAO have been notified of apprehension and
details thereof;
c. exhaustion of measures in determining the
age of the child, details of physical and medical
examination or failure to do so
Thereafter, the CICL is turned over to the
local/DSWD social worker for:

a. INTERVENTION – where the child is 15

years old or below

b. DETERMINATION OF DISCERNMENT-
where the child is above 15 but below 18 years
old
 where the child is 15 and below in which case
the social worker shall immediately turn over the
child to his parents/guardians and the
appropriate intervention is determined in
consultation with the child and the
parents/guardians.
If parents/guardians could not be located, the
child may be released to a
(1) Registered Non-Governmental or Religious
organization;
(2) Member of a Barangay Council for the
Protection of Children (BCPC),
(3) Local social worker; and
(4) in the absence of the enumeration, to the
DSWD
1. Personal circumstances of the child;
2. Needs of the child
3. Family and social background of the
child
4. Influence of the family and
environment on the child's growth
5. Ability and willingness of parents to guide
and supervise
6. Nature and circumstances of the offense
charged
7. Availability of community based
programs for intervention
8. Best interest of the child
DISCERNMENT - where the child is over
15 but below 18 who acted:

 without discernment – for intervention

 with discernment – for diversion provided

the imposable penalty for crime committed
is not more than 6 years
1. nature and circumstances of the offense
charged
2. frequency or severity of the act
3. personal circumstances of the child
4. influence of family and environment on
the child
5. reparation of injury to victim
6. safety of community
7. weight of evidence against the child
8. best interest of the child
a. Facts and circumstances of the case;
b. Educational level and performance of the
child; and
c. Appearance, attitude, conduct and
behavior of the child
Diversion may be conducted at the-
a. Katarungan Pambarangay by the Punong
Barangay

b. Police Investigation by the law

enforcer/police
c. Inquest or Preliminary Investigation where
imposable penalty for the crime is not
more than 6 years by the prosecutor.
d. Otherwise, where imposable penalty is
more than 6 but does not exceed 12
years, diversion may be conducted only
at the court level by the judge.
a. explain to the parties the objectives and
value of diversion and consequences of not
undergoing diversion;

b. Ask the child the circumstances which led

him to the commission of the offense, his
motives or purpose ;

c. take the personal circumstances of the child

including that of his parents and family;
d. make the child understand the
consequences of his act and his
corresponding responsibilities therefor;

e. Ensure that the child understands and

realizes his accountability, is remorseful and
will take on the responsibility of repairing the
harm done.
1. Feelings of remorse
2. Ability of parents or legal guardians to
guide and supervise;
3. Victim’s view about the propriety of the
measure to be imposed ; and
4. Availability of community based programs
for rehabilitation and reintegration of the
child
1. PUNONG BARANGAY LEVEL
a. Restitution of property
b. Reparation of damage caused
c. Indemnification for consequential damages
d. Written or oral apology
e. Care, guidance and supervision orders
1. PUNONG BARANGAY LEVEL
f. Training, seminars and lectures on
 anger management
 values formation
 problem solving
 skills that will aid the child in dealing with
the situation which can lead to repetition
g. Participation in community based program,
education, vocation and life skills program
2. LAW ENFORCER AND PROSECUTOR
a. DPs specified under (1)(a) to (1) (g);
and
b. Confiscation and forfeiture of the
instruments of the crime
3. COURT LEVEL
a. DPs specified under (1)(a) to (1) (g);
b. written or oral reprimand or citation
c. fine
d. payment of cost of proceedings or
e. institutional care and custody
1. Contract of Diversion has been entered
into;
2. 45-day period has lapsed without
reaching an agreement;
3. Diversion is found to be inappropriate;
4. Child/parents or guardians does not
consent to diversion.
Note: “Sec. 26 of RA 9344 provide “x
x x The diversion program shall be
effective and binding if accepted by
the parties concerned. The
acceptance shall be in writing and
signed by the parties concerned and
the appropriate authorities.”
 When diversion is deemed terminated as
earlier mentioned or that the CICL is over 15
and under 18 years old who acted with
discernment and the imposable penalty for the
offense is more than 6 years, the law enforcer
shall refer the case to the prosecutor who,
before proceeding to preliminary investigation,
shall still endeavour to arrive at an agreement to
a diversion program.
 It shall be the duty of the prosecutor
to notify the PAO and ensure that the
child’s rights have been protected
such that it is incumbent upon him to
investigate allegations of torture,
deprivation of or unnecessary
restrictions on liberty, if any.
 Should there be a determination of
probable cause, an information shall be
filed before the Family Court within 45
days from the start of the preliminary
investigation.
 When the case reaches the court, it shall
determine whether or not diversion is
appropriate provided that the imposable
penalty on the offense charged is more
than 6 but not more than 12 years
imprisonment.
 Once a child under 18 years at the time
of the commission of the offense is found
guilty, sentence shall be automatically
suspended.

 For convicted and sentenced CICL, the

court may, upon application, place the
child on PROBATION in lieu of service.
 Should community based rehabilitation be
inappropriate, the court may order the commitment
of the child to a :

(a) rehabilitation center;

(b) youth detention center;
(c) agricultural camp, or
(d) other training facilities that will provide the
child with interventions, approaches and
strategies that would change or modify the
negative behaviour of the child into a positive
one enabling him to improve on his social
functioning leading to his reintegration to his
family and the community.
a. Prevent disruption of the education or
means of livelihood of the child;
b. Prevent separation from the family;
c. Facilitate rehabilitation and
mainstreaming of the child; and
d. Minimize stigma on the child
A. Those 15 years old and below at the
commission of the offense-
i) with pending case but released on bail or
recognizance
- case shall be dismissed and the child
referred to the social worker who will conduct
an assessment whether to release the child to
the custody of the parents/guardians or refer
the child to prevention programs
ii) with pending case and under detention or
suspended sentence
- case shall be dismissed upon motion and child
referred to social worker on the propriety of
releasing the child to his parents/guardians. If
cannot be located and the child is abandoned,
neglected or abused, a petition of involuntary
commitment shall be filed by the social worker.
iii) convicted and serving sentence
- Any interested party may file a petition for
habeas corpus.
B. Those above 15 but below 18 at the commission
of the offense-
i.) with pending case but released on bail or
recognizance
Trial may proceed to prove discernment ;
ii) under suspended sentence
Child to continue with rehabilitation program;
iii) Convicted and serving sentence
CICL shall be entitled to appropriate
disposition under the Act and the
sentence adjusted accordingly. If
qualified, child shall be immediately
released under the Act or applicable law.
Upon application, the court may grant
probation to the child in lieu of
imprisonment for the remaining sentence .
(Section 42, RA 9344)