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  • Juvenile Justice and Welfare Act of 2006-1

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    Eddie Bulwayan Endeken Jr.
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    This document outlines the key provisions of the Juvenile Justice and Welfare Act of 2006 in the Philippines. It defines children at risk and in conflict with the law, establishes minimum ages of criminal responsibility, and outlines the rights of children. It also describes the process that must be followed during initial contact with a child, including prohibiting torture, sexual abuse or advances, and ensuring proper handling, medical examination, and parental notification. The goal is to establish a comprehensive juvenile justice and welfare system that protects children's rights and promotes rehabilitation over incarceration.

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    This document outlines the key provisions of the Juvenile Justice and Welfare Act of 2006 in the Philippines. It defines children at risk and in conflict with the law, establishes minimum ages of criminal responsibility, and outlines the rights of children. It also describes the process that must be followed during initial contact with a child, including prohibiting torture, sexual abuse or advances, and ensuring proper handling, medical examination, and parental notification. The goal is to establish a comprehensive juvenile justice and welfare system that protects children's rights and promotes rehabilitation over incarceration.

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    158 views31 pages

    Juvenile Justice and Welfare Act of 2006-1

    Uploaded by

    Eddie Bulwayan Endeken Jr.
    This document outlines the key provisions of the Juvenile Justice and Welfare Act of 2006 in the Philippines. It defines children at risk and in conflict with the law, establishes minimum ages of criminal responsibility, and outlines the rights of children. It also describes the process that must be followed during initial contact with a child, including prohibiting torture, sexual abuse or advances, and ensuring proper handling, medical examination, and parental notification. The goal is to establish a comprehensive juvenile justice and welfare system that protects children's rights and promotes rehabilitation over incarceration.

    Copyright:

    © All Rights Reserved
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    of 31

    Republic Act NO.

    9344

    Juvenile Justice and


    Welfare Act of
    2006
    REPUBLIC ACT No. 9344
    • 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
    This Act shall beAND
    known FOR OTHERJustice
    as the "Juvenile PURPOSES
    and
    Welfare Act of 2006." It shall cover the different stages involving
    children at risk and children in conflict with the law from
    prevention to rehabilitation and reintegration.
    CHIL
    D
    • A person under 18 years of age;

    • A minor 15 years and below has no criminal


    responsibility at all; and

    • Above 15 years but below 18 also has no criminal


    responsibility unless they acted with
    discernment
    Who is a Child at
    Risk?
    •At risk of becoming a Child in Conflict with the Law (CICL). CAR
    refers to children who are vulnerable to and 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 of personal, family and social circumstances.
    INTERVENTI
    ON
    • refers to a series of activities which are designed
    to address issues that caused the child to commit
    an offense.
    WHO IS A
    CICL?
    •
    A “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
    Minimum Age of
    Responsibility
    Criminal
    -
    . of the offense shall be exempt from criminal liability. However, the child
    A child fifteen (15) years of age or under at the time of the commission

    shall be subjected to 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.
    DIVERSI
    ON
    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

    - refers to the program that the CICL is required to


    undergo after she/he is found responsible for an offense
    without resorting to formal court proceedings.
    RIGHTS OF THE
    CHILD
    • 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;
    RIGHTS OF THE
    CHILD
    • 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;
    INITIAL
    WITH
    CONTACT THE
    CHILD
    Refers to the apprehension or taking into
    custody of a child in conflict with the law by law
    enforcement or private citizens
    INITIAL
    CONTACT
    Initial contact with the child refers to the apprehension or taking into
    custody of a child in conflict with the law by police officers or private
    citizens. It includes apprehension with or without a warrant. Police
    officers shall take note that the physical custody of the child shall be
    turned over to the appropriate persons or agencies as provided in
    Section 5-4, within eight hours after initial contact.

    The right to privacy of a child in conflict with the law shall be


    respected at all stages of the proceedings. As such, all records and
    proceedings involving children in conflict with the law, from initial
    contact until the final disposition of the case, shall be considered
    privileged and confidential
    Who may Conduct
    Contac
    Initial
    t responders, beat patrol officers, WCPD and
    First
    other responding police officers who shall have
    initial contact with a CICL
    Procedure for
    Taking the Child
    Custod
    into
    (a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is

    ybeing placed under custody and the offense that he/she allegedly committed;

    (b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights
    in a language or dialect understood by him/her;

    (e) Properly identify himself/herself as kuya or ate to the child and present proper identification to the
    child;

    (d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual
    advances on the child in conflict with the law;

    (e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint,
    unless absolutely necessary and only after all other methods of control have been exhausted and have
    failed;

    (f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for
    his/her apprehension;
    Procedure for
    Taking the
    into
    Child
    (g) Avoid violence or unnecessary force;

    Custody
    (h) Determine the age of the child pursuant to Section 7 of this Act;

    (i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the
    child to the Social Welfare and Development Office or other accredited NGOs, and notify the
    child's apprehension. The social welfare and development officer shall explain to the child and
    the child's parents/guardians the consequences of the child's act with a view towards counseling
    and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;

    (j) Take the child immediately to the proper medical and health officer for a thorough physical
    and mental examination. The examination results shall be kept confidential unless otherwise
    ordered by the Family Court. Whenever the medical treatment is required, steps shall be
    immediately undertaken to provide the same;

    (k) Ensure that should detention of the child in conflict with the law be necessary, the child shall
    be secured in quarters separate from that of the opposite sex and adult offenders;
    Procedure for
    Taking the
    into
    Child
    (l) Record the following in the initial investigation:
    Custody
    1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;

    2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the
    apprehension and the details thereof; and

    3. The exhaustion of measures to determine the age of a child and the precise details of the
    physical and medical examination or the failure to submit a child to such examination; and

    (m) Ensure that all statements signed by the child during investigation shall be witnessed by the
    child's parents or guardian, social worker, or legal counsel in attendance who shall affix his/her
    signature to the said statement.

    A child in conflict with the law shall only be searched by a law enforcement officer of the same
    gender and shall not be locked up in a detention cell.
    If the CICL
    apprehension.
    resists
    If the CICL resists apprehension, the apprehending
    officer may use reasonable force to take the child
    into custody. But if the best interest of the CICL
    warrants it, the apprehending officer may call for
    his unit’s assistance in apprehending the child. The
    apprehending officer shall state clearly that a CICL
    is involved.
    Prohibited Acts during
    Contac
    Initial
    t • Committing sexual advances on the child.
    Police officers shall not sexually harass or abuse, or
    make sexual advances on the CICL. Criminal and
    administrative charges shall be filed against police
    officers who perpetrate sexual offenses upon a CICL.
    • Torture.
    Police officers shall not use torture or inflict cruel
    punishment and other forms of violence and abuse
    on children.
    Prohibited Acts during
    Contac
    Initial
    t • If prohibited acts were committed. If the acts
    mentioned above were committed during initial
    contact, the police officer concerned shall exercise
    authority to stop the one employing violence to the
    child, place the child in a secure place away from the
    abuser, and report the incident immediately to the
    WCPD. The WCPD Officer shall record these facts in the
    Pink Blotter or Mandatory Registry and shall conduct
    an investigation regarding the matter and shall file the
    appropriate administrative and criminal cases.
    Conducting Initial Contact
    an
    in Educational
    Institution
    If the initial contact shall be conducted within the
    premises of an educational institution, the
    responding police officer shall always coordinate
    with the head of the educational institution and
    with its Child Protection Committee if existing,
    before conducting the initial contact.
    In addition, the following procedures shall be observed:
    a. The responding police officer shall go directly to the
    office of the head of the educational institution in
    civilian clothes. b. No guns shall be brought inside the
    premises of the educational institution. c. The
    responding officer shall accomplish and sign all the
    school documents required for the turnover of the child.
    Upon completion of the required documents for the
    turnover, the responding officer shall discreetly escort
    the child with his/her parents or guardians out of the
    school to go to the police station.
    If the Child is a
    CAR
    If after effecting the initial contact, the responding officer
    should realize that the child is not a CICL but a CAR, the
    police officer shall immediately refer the child to the
    LSWDO or the barangay as the case may be. The police
    officer shall report the incident to the WCPD Officer, who
    shall enter the incident in the Pink Blotter or in the
    Mandatory Registry
    If the Offense is
    Light

    a. Give the child a friendly advice or “payo” or a


    simple warning not to repeat the act/s she/he has
    committed.
    b. Call the unoffending parents or guardians for
    their proper intervention in the treatment of the
    child.
    c. Refer the child directly to the barangay of
    residence and to the LSWDO for proper disposition
    and intervention.
    RECEIVING CICL
    THE
    CASES IN
    STATION
    Where a Case is Filed Directly at the Station
    If the victim or the complainant directly files a complaint
    before the police station against a CICL, the following
    procedures shall apply:

    • The investigation of the crime committed shall be


    conducted by the WCPD unless the case is cognizable
    by the general investigation section
    RECEIVING CICL
    THE
    CASES IN
    STATION
    • If the case is not cognizable by the WCPD, the
    investigator-on-case (IOC) shall notify the WCPD that a
    complaint has been filed against a CICL. The WCPD
    shall immediately assign the necessary codes
    according to Section 8-2 in order to protect the
    identity of the child. The IOC shall make an entry into
    the police blotter using the assigned codes
    • In case the IOC is not familiar with the processes of the
    Juvenile Justice and Welfare Act, he/she may refer the
    victim or the complainant to the WCPD in order to
    explain to the victim or complainant the processes
    required by the Juvenile Justice and Welfare Act.
    Where a Child is Taken into Custody by
    Private
    a Citizen or Police
    Officer
    • Where a CICL is apprehended by a private citizen or by
    a law enforcement officer and is turned over to the
    police station, the following procedures shall be
    followed: a. The physical custody of the CICL shall be
    received by the WCPD officer. If the WCPD officer is on
    call, the responding officer shall immediately call for
    the WCPD officer and ensure that the rules and
    procedures in Section 4-5 and Section 4-6 are
    observed.
    Immediately bring the child to a medical professional
    for physical examination.
    Maintain a safe distance from the child and the medical
    professional while the latter conducts the examination so as to
    respect and promote the privacy of the child;
    Interview the private citizen who apprehended the child and
    assist him in filling out the Initial Contact Report Form
    Assist the private citizen in drafting the affidavit of apprehension
    and ask the private citizen to sign such affidavit
    Take custody of the child
    Proceed to Initial Investigation

    All apprehensions involving CICL shall be referred to the WCPD.


    The WCPD shall determine who shall investigate the case
    Processing of the CICL

    In all cases, the processing of the CICL shall be conducted by


    the WCPD. The
    processing of the child shall include the following procedures:
    a. Notifying the parents/guardians of the CICL within eight
    hours from initial contact;
    b. Notifying the Local Social Welfare and Development
    Office and the PAO within eight hours from initial contact;
    c. Recording the personal circumstances of the child and
    filling out the intake form in Annex C or D;
    d. Determining the age of the child;
    e. Gathering evidence if the child is dependent, abandoned,
    neglected and/or abused; and
    f. Taking the fingerprint and the photograph of the child.
    QUESTION
    S?

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