Philippine Legal Framework On Juvenile Justice

SPECIALIZED COURSE FOR
WOMEN AND CHILDREN

PROTECTION DESK (WCPD)
OFFICERS
WCPD SPECIALIZED COURSE

Module 5: Philippine Legal Framework on Juvenile Justice
PHILIPPINE LEGAL FRAMEWORK

ON JUVENILE JUSTICE
(Republic Act No. 9344 as
Amended by Republic Act No.
10630)

LEARNING OBJECTIVES:

At the end of the activity, the

participants should be able to:
1. Explain the structures in the Administration of

Juvenile Justice and Welfare
2. Discuss the salient provisions of RA 9344

as Amended by RA 10630

LEARNING OBJECTIVES:
3. Discuss the processes involved in dealing with

CICL as described by RA 9344 as
amended by RA 10630

PRE-TEST: “T” if the statement is

true; “F” if false
1. There are four (4) categories of children’s

rights: survival, development, protection and
participation. The most important of these rights are
those related to survival and
protection.
2. The Juvenile Justice and Welfare Act (RA 9344
as amended by RA 10630) is a

landmark child protection law that seeks to

remedy the significant problems of
youthful offenders or juvenile delinquents.
3. A child can only be considered a
‘child in conflict with the law’ if
he/she has been adjudged as having
committed an offense under
Philippine laws.

4. Retributive justice, the philosophy behind RA 9344,

seeks solutions which promotes repair, reconciliation
and reassurance.
5. Under RA 9344, a child who is
15 years old and below is exempted
from both civil and criminal
liabilities.
6. Detention or imprisonment is still possible under

RA 9344, provided that it is last

resort and for shortest appropriate period of
time.
7. Under RA 9344 as amended by RA 10630,
children are exempt from prosecution for
vagrancy, sniffing of rugby and violations of local
ordinances such as curfew violations and
gambling.

8. A CICL, below 15 years old, who

committed serious crimes under Section 20-A
of RA 10630 is still exempted from
criminal liability but shall be deemed as
‘neglected child’ under PD 603 and shall
be mandatorily placed in a special facility
within Bahay Pag-asa.

9. Center-based programs (Bahay Pag-asa, Youth

Homes) are the primary mode of intervention
for children in conflict with the law.
10. The records of a child in conflict
with the law shall not be used
in subsequent proceedings for cases involving
the same offender as an adult, except when

beneficial for the offender and upon his/

her written consent.

PRE-TEST: “T” if the statement is

true; “F” if false
1. There are four (4) categories of children’s

rights: survival, development, protection and
participation. The most important of these rights are
those related to survival and
protection. (F)
2. The Juvenile Justice and Welfare Act (RA 9344
as amended by RA 10630) is a

landmark child protection law that seeks to

remedy the significant problems of
youthful offenders or juvenile delinquents.
(F – CICL)
3. A child can only be considered a

‘child in conflict with the law’ if
he/she has been adjudged as having
committed an offense under
Philippine laws.

(F – alleged as, accused of, or adjudged as)
4. Retributive justice, the philosophy behind RA 9344,

seeks solutions which promotes repair, reconciliation
and reassurance. . (F – restorative justice)
5. Under RA 9344, a child who is
15 years old and below is exempted
from both civil and criminal
liabilities.

(F – only criminal liability)
6. Detention or imprisonment is still possible under

RA 9344, provided that it is last
resort and for shortest appropriate period of
time. (T)
7. Under RA 9344 as amended by RA 10630,
children are exempt from prosecution for
vagrancy, sniffing of rugby and violations of local

ordinances such as curfew violations and gambling. (T)
8. A CICL, below 15 years old, who

committed serious crimes under Section 20-A
of RA 10630 is still exempted from
criminal liability but shall be deemed as
‘neglected child’ under PD 603 and shall
be mandatorily placed in a special facility

within Bahay Pag-asa. (F – above 12 years

up to 15 years old)
9. Center-based programs (Bahay Pag-asa, Youth

Homes) are the primary mode of intervention
for children in conflict with the law.
(F – commty based)
10. The records of a child in conflict

with the law shall not be used

in subsequent proceedings for cases involving the
same offender as an adult, except when . (T)
beneficial for the offender and upon his/
her written consent.

SALIENT FEATURES OF THE

JUVENILE JUSTICE AND
WELFARE ACT (RA 9344 AS
AMENDED BY RA 10630)


Criminal Justice System Applicable to

Children before the Enactment of RA 9344
 Adult-oriented system
 No diversion or child sensitive intervention
 Perpetuated the stigma of criminality
 Children became vulnerable to all kinds of

abuses during arrest and
detention

Juvenile Justice and Welfare Act of 2006

(RA No. 9344)
 RA 9344 took effect on May 20, 2006
 Recognized as a landmark child protection law

in Asia
 Established a comprehensive and child-sensitive

justice system

Juvenile Justice and Welfare Act of 2006

(RA No. 9344)
 R.A. 9344 raised the minimum age of
criminal responsibility from nine (9) years
old to 15 years old.

Definition of Terms
a. “Best Interest of the Child” – refers to

the totality of circumstances and conditions
that are most beneficial for the survival, protection
and feelings of security of the child
b. “Child” – refers to a person under the

age of eighteen (18) years

Definition of Terms
c. “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

Definition of Terms
d. “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.
e. “Child at Risk” or “CAR” refers to

children who are vulnerable or at risk
of behaving in a way that can

Definition of Terms
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 --
 abused, exploited, abandoned;
 coming from a dysfunctional or broken family
or being without a parent or guardian;
 out of school; street child; member of
a gang;

Definition of Terms
 out of school; street child; member of

a gang;

Children at Risk
 living in a community with a high
level of criminality or drug abuse;
 living in situations of armed conflict
 those children who violate the ordinances enacted

by local governments, concerning juvenile status
offenses enumerated in Section 57-A of the Act,
such as, but not limited to, curfew

Children at Risk
 violations, truancy, parental disobedience, anti-smoking and

anti-drinking laws, as well as light
offenses and misdemeanours against public
order or safety such as, but not limited to,
disorderly conduct, public
scandal, harassment, drunkenness, public intoxication,
criminal nuisance, vandalism, gambling, mendicancy, littering,
public urination, and trespassing.

Children-at-Risk also includes those who

commit any of the following:
 Status offenses under Section 57 of the
Act;
 Prostitution under Section 202 of the Revised
Penal Code, as amended;
 Mendicancy under Presidential Decree No. 1563; and
 Sniffing of rugby under Presidential Decree No. 1619.

e. “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

Declaration of State Policies
 Role of children and youth in nation-

building
 Child’s well-being
 Best interests of the child
 Child’s sense of dignity and worth
 Principles of restorative justice
 Institutionalization as a measure of last
resort

Rights of a CICL
 No torture or other cruel, inhuman or

degrading treatment or punishment
 No capital punishment or life imprisonment, without
the possibility of release
 No unlawful deprivation of liberty, detention or
imprisonment being a disposition of last resort,
and which shall be for the shortest

Rights of a CICL
 appropriate period of time
 Humane treatment 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
 Separation from adult
 Hearing in a separate holding area

Rights of a CICL
 Maintain contact with family through correspondence and

visits, save in exceptional circumstances
 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

Rights of a CICL
 to a prompt decision in such action

 Bail and recognizance
 Testify as a witness for his or
her own behalf, under the Supreme Court
Rule on the Examination of a Child
Witness
 Privacy at all stages of the proceedings

Rights of a CICL
 Diversion, if the child is qualified and

voluntarily avails of the same
 Receive judgment, where the penalty is proportionate
to the gravity of the offense, consistent
with the principle of restorative justice
 Restrictions on personal liberty limited to a
minimum, and where discretion is given by

Rights of a CICL
 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
 Automatic suspension of sentence
 Probation as an alternative to imprisonment, if
qualified under the Probation Law

Rights of a CICL
 Exemption from perjury, concealment or misrepresentation
 Other rights under existing laws, rules and

regulations
 Beijing Rules, Riyadh Guidelines and Rules on

JDL are adopted

Establishment of a Juvenile
Justice and Welfare Council
 JJWC is a policy-making, coordinating and

monitoring body tasked with the implementation of
the Juvenile Justice and Welfare Act, as
amended, through its member and coordinating agencies

Establishment of a Juvenile
Justice and Welfare Council
 Regional Juvenile Justice and Welfare Committees (RJJWCs)

to be established in all 17 regions
(implementation of the law at the regional
and local levels)

RA 10630: took effect on November 7, ’13
 Clamor from various sectors to lower the

age of criminal responsibility starting 2
years after RA 9344 took effect
 Caused mostly by fear in relation to

youth crimes

 Heightened by media treatment on high profile

cases
 Mostly improper implementation of the law

RA 10630: Salient Features

 Minimum age of criminal responsibility retained at
15 years old
 Clarified procedures for children including those below MACR

including those who commit serious offense
 Establishment of Bahay Pag-Asa and Intensive Juvenile

Intervention and Support Center and 400M appropriation

 Provision on victim assistance and emphasis on participation

in the processes

 Children exempt from punishment of violation of

ordinances protecting them
 Maximum penalty imposed on those who exploit

children to commit crime
 Child-sensitive proceedings that emphasize community-

based interventions and with detention as last resort

Age of Criminal Responsibility
 The MACR is 15 years old

 A child below 15 years old or
below is exempt from
criminal liability
 A child is deemed to be 15
years of age on the day of
the fifteenth anniversary of his/her
birth date
 Not exempt from civil liability

 Joint parental responsibility
 Minimum age for children committed in youth

care facility of Bahay
Pag-asa is 12 years old


 Child below 15 years old:
 Exempt from criminal liability
 Shall be subjected to an intervention program
 Child above 15 years old but below

18 years old:
 Without discernment: exempted from criminal liability;
shall be subjected to intervention program

 With discernment: shall be subjected to diversion

if imposable penalty is 6 years and
if child is qualified
 With discernment and Imposable penalty is above

6 years: shall be subjected to inquest
proceedings/preliminary investigation

Procedures cover different

categories of children
 12 to 15 years old who are

neglected, abandoned & abused;
 Above 12 to 15 years old who
committed a serious crime listed in the
Act;
 Above 12 to 15 years old but
reported for repetition of offenses;


 Above 15 years but below 18 years
of age who acted without
discernment; and
of age who acted with
discernment.



Act;


 of age who acted without discernment; and

of age who acted with discernment.

Sec. 20: 12 to 15 years old CICL

who are Neglected, Abandoned and
Abused
 Authority having initial contact with the child,

in consultation with the LSWDO, shall
immediately release the child to custody of parents
or guardian, or in the absence thereof,
the child’s nearest relative.
 The child shall undergo a community-based
intervention program supervised by the LSWDO


Abused
 Unless the LSWDO finds the child to

be abandoned, neglected or abused by parents
and the best interest of the child
requires referral to a youth care facility
or ‘Bahay Pag-asa’ managed by LGUs
or licensed and/or accredited NGOs
monitored by the DSWD


Abused
 The minimum age for children committed to
a youth care facility or ‘Bahay Pag-asa’
shall be twelve (12) years old
 Requirements for commitment –

o A written authorization for the voluntary commitment
of the child executed by parents or
guardian; or


Abused
o If child has no parents or guardians
or if they refuse or fail to
execute the written authorization for voluntary
commitment, a petition for involuntary commitment shall
be immediately filed by the DSWD or
LSWDO



Act;



of age who acted without discernment;
and

Sec. 20-A: Serious Crimes

Committed by Child above 12 up
to 15 years old
Child commits
parricide
murder
infanticide
kidnapping and serious illegal detention where the
victim is killed or raped
robbery with homicide or rape


to 15 years old
destructive arson
rape
carnapping where the driver or occupant is killed or
raped
offenses under Republic Act No. 9165
(Comprehensive Dangerous Drugs Act of 2002)
punishable by more than twelve years of
imprisonment


to 15 years old
 Shall be deemed a neglected child under

PD 603, as amended, and shall be
mandatorily placed in a special facility within
the youth care facility or ‘Bahay Pag-asa’
called the Intensive Juvenile Intervention and
Support Center (IJISC)
 Minimum duration of placement is 1 year


to 15 years old
Who files the petition for involuntary

commitment and placement under
the IJISC?
o LSWDO of the LGU where the offense
was committed, or
o DSWD social worker (in absence of LSWDO)
When to file?
o Within 24 hours from the time of
the receipt of a report on the


to 15 years old
the receipt of a report on the
alleged commission of the crime by the
child
Within what period shall the court decide
on the petition?
o Within seventy-two (72) hours from the time
the petition is filed by the DSWD/
LSWDO.


to 15 years old
Who determines how long the placement with

IJISC should be?
o The court will determine the initial period
of placement which shall not be less
than one year.



Act;



and

Sec. 20-B: Above 12 to 15

years old with Repetition of
Offenses
 When does this provision apply?
A child is above 12 up to
15 years of age,
Who commits an offense for the second

time or oftener, and
Who was previously subjected to a community-

based intervention program.

Offenses
 What is the effect of those circumstances?
Child is deemed neglected child under PD 603
Child shall undergo an intensive community-based

intervention program supervised by the LSWDO
If child’s best interest requires that s/he

be placed in a youth care facility
or ‘Bahay Pag-asa’,


Offenses
othe child’s parents or guardians shall execute

a written authorization for the voluntary commitment
of the child
oIf the child has no parents or
guardians or if they refuse or fail
to execute the written authorization for voluntary


Offenses
commitment, a petition for involuntary commitment shall
be immediately filed by the DSWD or
the LSWDO pursuant to PD 603

Sec. 20-C: Exploitation of

Children for the Commission of
Crime
 Any person who, in the commission of
a crime, makes use, takes advantage of,
or profits from the use of children
 Including any person who abuses his/her

authority over the child or who, with
abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce,

Sec. 20-C: Exploitation of

Children for the Commission of
Crime
 threaten or instigate the commission of the
crime
 Shall be imposed the penalty prescribed by

law for the crime committed in its
maximum period.



Act;



and

Children above 15 years old
 Without discernment (S 20 of RA 9344)

 Immediately release to parents/guardian or nearest
relatives in absence thereof
 Or above refused or cannot be located,
child shall be released to registered NGO,
barangay official or BCPC member,
LSWDO or DSWD

 LSWDO shall determine the appropriate programs in

consultation with the child and person having
custody
 Petition for involuntary commitment if child is
abandoned, neglected or abused or parents will
not comply with the intervention program



Act;



of age who acted without discernment; and

 With discernment (RA 9344 provisions)

 if offense has imposable penalty of 6
years and below
 Diversion at the following levels:
 Katarungang Pambarangay
 Law enforcement
 Prosecutor

 LSWDO if victimless crime
 If offense has imposable penalty of above

6 up to 12 years diversion
may be applied at the
court level
 If above 12 years imposable penalty – court

case

Intervention
 Refers to programmatic approaches or systematic

social protection programs for children.
 Community-based programs shall be the primary

mode of intervention.
 Can be implemented in different settings
 Shall also be provided for the victim

and victim’s family

Intervention
 LSWDO to ensure that the needs of
the victims are properly addressed.

Bahay Pag-asa
 A 24 hour child-caring institution, established,

funded and managed by LGUs and/or
accredited NGOs providing short term residential
care for children in conflict with the law
 IJISC or Intensive Juvenile Intervention and Support

Center is part of the required feature

Bahay Pag-asa
 of the Bahay Pag-Asa. It will address

the needs of CICL below MACR but requires
an intensive intervention program for
children under Sec 20, 20A & 20B

Bahay Pag-asa
 A Multi-Disciplinary Team shall operate the
Bahay Pag-asa
 Team will work on individualized intervention plan

with the child and the child’s family.
 Each province and highly-urbanized city (the LGUs)

shall be responsible for building, funding and
operating a ‘Bahay Pag-asa’ within their jurisdiction

Assistance to Victims of Offenses

Committed by Children
 The victim of the offense committed by

a child and the victim’s family shall
be provided the appropriate assistance and psychological
intervention by the LSWDO, the DSWD and
other concerned agencies (Sec 20E)

Confidentiality of Records
and Proceedings
All records and proceedings involving children in

conflict with the law from initial contact
until final disposition of the case shall
be considered privileged and confidential.
Records of a child in conflict with

the law shall not be used in
subsequent proceedings for cases involving the
same

Confidentiality of Records
and Proceedings
offender as an adult, except when beneficial for

the offender and upon his/her written
consent.

Exempting Provisions
 Exemption from Punishment from Local Ordinances
Ordinances enacted by local governments shall be

for the protection of children
o status offenses such as, but not limited

to, curfew violations, truancy, parental disobedience,
anti-smoking and anti-drinking laws

o light offenses and misdemeanors against public order

or safety such as, but not limited
to, disorderly conduct, public scandal, harassment,
drunkenness, public intoxication, criminal nuisance,
vandalism, gambling, mendicancy, littering, public
urination, and trespassing

Exemption from Punishment from Local Ordinances

2. No penalty shall be imposed on children
for said violations.
3. Appropriate intervention programs shall be provided
for in such ordinances.
4. They shall be brought to their residence

or to any barangay official at the

barangay hall to be released to the

custody of their parents.
5. The child shall also be recorded as

a ‘child at risk’ and not as a
‘child in conflict with the law’.

 Offenses Not Applicable to Children

Exemption from Prosecution
• Prostitution
• Mendicancy
• Sniffing of Rugby
 Exemption from the Application of the Death

Penalty

Prohibited Acts
a. Employment of threats of whatever kind and

nature;
b. Employment of abusive, coercive and punitive measures;
c. Employment of degrading, inhuman and cruel forms

of punishment;
d. Compelling the child to perform involuntary servitude

in any and all forms under any
and all instances.

Penalty of Violation of RA 9344

as amended by RA 10630
 Fine of Php 20,000 to Php 50,000
 Imprisonment of 8 to 10 years
 Both fine and imprisonment
 Perpetual absolute disqualification, if a public

officer or employee

Mandatory Registry of Children
 All duty-bearers, including barangay/BCPC

workers, law enforcers, teachers, guidance counselors,
social workers and prosecutors who will receive
report, handle or refer cases of children
in conflict with the law shall ensure
a faithful recordation of all pertinent
information of all CICL and CAR

Mandatory Registry of Children
 Shall be without prejudice to the provision

on Confidentiality of Records and Proceedings
 Information about individual CICL in the information

management system shall not be used in
any legal and/or administrative proceedings against
the CICL

Role of the Philippine National Police

 Review, revise and enhance existing policies and
manuals for the administration of the Juvenile
Justice and Welfare System by law
enforcement officers;
 Regularly conduct special training to its personnel

in the management of children in conflict
with the law and the proper observance

 of procedures prescribed by the law and

Its rules;
 Establish a system of evaluating the efficiency

and effectiveness of all police units in
the country in handling
children in conflict with the law;


 Ensure that all police stations in the
country have:
 An area where the children taken into
custody are kept separate from adult
offenders;
 A separate logbook for all children taken
into custody; and
 Personnel who are specially-trained to handle

 and manage cases of children in Conflict

with the law;
 Submit to the JJWC, through the DILG,

within ninety (90) days from the
effectivity of the Act, a
registry of all
children in conflict with the law under
its custody.

Key Learning Points
• RA 9344 as amended by RA 10630,

a landmark child protection law which
established a comprehensive and child-sensitive
justice system, is an expression of the Philippines’
commitment to the Convention on the
Rights of the Child.
• Children who are fifteen (15) years of

Key Learning Points
• age or under at the time of

the commission of the offense shall be
exempt from criminal liability and shall
be subjected to an intervention program.
• Intervention includes psychosocial intervention

delivered through community-based or center-
based interventions.

Key Learning Points
• Community based programs shall be the primary

mode of intervention. Intervention shall also be
provided for the victim and the victim’s
family.
• Children who are above fifteen (15) years

but below eighteen (18) years of age
shall likewise be exempt from criminal liability

Key Learning Points
• and be subjected to an intervention program,

unless he/she acted with discernment, in
which case, such child shall be subjected
to the appropriate proceedings.
• Exemption from criminal liability of children does
not include exemption from civil liability, which
shall be enforced in accordance with existing laws.

Key Learning Points
• Children are exempted from punishment for the

commission of status offenses, violation of local
ordinances on status offenses and light misdemeanours,
mendicancy, prostitution and sniffing of rugby. They
are considered children at risk and must
be provided with intervention.

End.

Philippine Legal Framework On Juvenile Justice

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SPECIALIZED COURSE FOR

WOMEN AND CHILDREN

WCPD SPECIALIZED COURSE