RA 9344
Who are minors and how are they classified as to criminal
responsibility?
 Definitions of children:
o Sec 2 (c) of RA 9344 – persons under 18 years of age
o RA 7610 (Anti-Child Abuse) – those over 18 years of age
who are unable to protect themselves from abuse in view of
physical or mental defect
o RA 9775 (Anti-Child Pornography) – a person regardless
of age who is presented, depicted or portrayed as a child,
and computer-generated, digitally or manually crafted
images or graphics of a person who is represented or who
is made to appear to be a child
 Under 9344, child is offender. Under 7610 and 9775, they are
victim.
 Child in Conflict with the Law (CICL) – those who are alleged as,
accused of, or adjudged as having committed an offense under
Philippine laws.
 Child cannot be labeled as ‘young criminal’ or other derogatory
names in any manner
Age of criminal responsibility
 15 or under is absolutely exempt
o Subject to an intervention program
 Qualified exemption: over 15 but under 18 who did not act with
discernment
o If with discernment  diversion program
 Minors are exempted from status offenses and certain other offenses
(like mendicancy, sniffing of rugby, prostitution)
 Exemption does not include civil liability
Determination of the age of the child
 CICL enjoys presumption of minority. May be determined by:
o Birth, baptismal, certificates or other documents
o If the above isn’t available, from the child himself or
testimonies of other persons
o Physical appearance
 Person contesting the age of the CICL has the burden of proving it
o If challenge is before filing of information: summary
proceeding for determination of age
o If during proceeding: motion to determine age in the same
court (proceedings will be suspended)
Treatment of child below age of criminal responsibility
 Authority who had contact with child 15 or below must immediately
release the child to his parents or guardian, or the nearest relative
and notify the local (SWDO)
 Parents/guardians/nearest relative cannot be located or refuse to
take custody – childmay be released to registered NGO or religious
org, barangay official or member of the Barangay Council for the
Protection of Children, a local SWDO, DSWD
 Involuntary commitment – child is abandoned, neglected or abused
by his parents, OR parents will not comply with the program
System of Diversion instead of prosecution and/or penalty
 for children 16 and 17 who acted with discernment
 penalty not more than 6 yrs, diversion shall be:
o if there is a victim – before law enforcement officer or
Punong Barangay; form of mediation/family conferencing
and conciliation
o no victim – conducted by the local SWDO
 Penalty more than 6 yrs – diversion only by courts
o if not more than 12 years (Regardless of fine) and before
arraignment – court shall determine if diversion is
appropriate
 Period of prescription – suspended during diversion program but
not exceeding 2 years
  Offense does not fall under any of the above or child or his
parents/guardian do not consent to a diversion – case will be
forwarded to prosecutor or court within 3 days from determination
of absence of jurisdiction and it will be filed
Detention of the child pending trial
 Only for last resort and in shortest possible time
 May be replaced by alternative measures (close supervision,
intensive care, etc.)
Automatic suspension of sentence and probation
 Requirement: child is under 18 at the time of the commission of the
crime and found guilty
 Will apply even if the child is already 18 or more at the time of the
decision; no need for application
o If child reached 18 while under suspended sentence, court
determines
 To discharge the child
 Order execution of sentence
 Extent the suspension for a certain period OR until
he reaches 21
 Will not apply if:
o if punishment is punishable by death, life imprisonment, or
reclusion perpetua, or if convicted of drug trafficking (not
drug-users – they are qualified, drug users are punished
with 6 months with rehab)
o minor once enjoyed suspension of sentence under its
provisions
o military tribunals
 Disqualification is not the actual penalty imposed but the possible
one (if punishment for crime is RP but court only gave RT, still
disqualified)
 Child may still appeal his decision even after application and grant
of sentence (I thought automatic?) – not the same as application for
bail which is waiver of their right to appeal
 Child shall be credited in full for the time spent in actual
commitment and detention
 Upon application at any time, court shall place the child on
probation in lieu of service of sentence
Status offenses and offenses not applicable to minors
 Status offense – conduct not considered an offense when committed
by an adult, shall not longer be an offense and punished if by child.
(Curfew ordinances drinking liquor)
o Minors can commit status offense without criminal liability
o Also cannot be convicted of:
 Vagrancy, prostitution, mendicancy, sniffing rugby
Preliminary investigation and filing of information
 Prelim Investigation when:
o Child does not qualify for diversion
o Child/parents/guardian does not agree to diversion
o Prosec determns that diversion is not appropriate for the
CICL considering recommendation of social worker
 Information shall be filed with family court within 45 days from
start of PI
Minor not qualified for diversion
 No diversion and instead regular proceedings when:
o Penalty is above 6 yrs imprisonment  prosec for PI
o Child/parent/guardian does not consent to diversion 
prosec for PI
o Contract of diversion already instated by offender violates
terms
Retroactive effect of RA 9344
Children – persons under 18 years of age
Children at risk – those who are vulnerable to and at the risk of committing
criminal offenses because of personal, family, and social circusmtances
Chi