Professional Documents
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Juvenile Justice
Juvenile Justice
10630):
Salient Features of the Juvenile Justice Welfare Act (R.A. 9344 as amended by R.A. 10630) By: Debbie G. Dulay -
Del Val Public Attorney, Baguio City
OVERVIEW:
OVERVIEW Brief History and Background of the Law Conceptual Framework of the Law Salient Features of R.A.
9344 as amended by R.A. 10630 Role of Barangay Council for Protection of Children (BCPC’s)
P.D. 603:
P.D. 603 T he Child and Youth Welfare Code enacted on Dec. 10, 1974 It spelled out special procedures in handling
youthful offenders (Art. 189-204) E.g . recognizance, suspension of sentence, rehabilitation in RRCY, etc .
P.D. 603:
P.D. 603 Recognition of the role of the Five Pillars of Justice ( Community, Law Enforcement, Prosecution Service,
Courts, Correctional Institution ) in a collective effort to rehabilitate youthful offenders and dispense justice
Establishment of BCPC’s Studies showed a gap in the implementation of the law by the Five Pillars of Justice
Result:
Result Continued violations of child rights were easily observed at the time of arrest and incarceration of a CICL.
Formal education of child offenders who were enrolled at the time of arrest was disrupted. At the same time they also
learn vices such as smoking, gambling, drinking and substance abuse from them.
Philippine Response:
Philippine Response June 17, 1992 (2 yrs. From UN Convention) – enactment of R.A. 7610 (Law on Special
Protection of Children Against Abuse, Exploitation and Discrimination Act) April 28, 2006 (16 yrs. From UN
Convention) – enactment of R.A. 9344 (Juvenile Justice Welfare Act) which became effective on May 20, 2006
Restorative Justice:
Restorative Justice Enhancement of public safety by activating the offender, the victim and the community in
prevention strategies. It is one that presumes that children in conflict with the law are themselves victims.
Diversion:
Diversion The various processes by which child offenders are prevented from entering the formal criminal justice
system. A typical component of the restorative approach
R.A. 9344:
R.A. 9344 Juvenile Justice Welfare Act of 2006 It became effective on May 20, 2006 Its Implementing Rules and
Regulations (IRR) were enacted on September 19, 2006
What is Discernment?:
What is Discernment? The mental capacity of a child to understand the difference between what is right or wrong and
the consequences of his acts Discernment relates to the moral significance that the person attaches to the act
Procedure for Taking into Custody a Child Exempted from Criminal Liability:
Procedure for Taking into Custody a Child Exempted from Criminal Liability Authority in Initial Contact with Child 15
yrs. old and below Consult/Inform/Report to LSWD Officer Immediately release the child to his/her parents or
guardian, or, the child’s nearest relative Community-Based Intervention Program for Child by LSWD Officer If for best
interest of child: Refer to a Y outh Care Facility or ‘ Bahay Pag-asa ’
Slide32:
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 duly registered nongovernmental or religious organization; A barangay official or a
member of the Barangay Council for the Protection of Children (BCPC); A local social welfare and development
officer; or, when and where appropriate, the DSWD .
Slide33:
If the child has been found by the LSWD officer to be dependent, abandoned, neglected or abused by his/her parents
and the best interest of the child requires that he/she be placed in a youth care facility or ‘ Bahay Pag-asa ’, the
child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child
Slide34:
If the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary
commitment, the proper petition for involuntary commitment shall be immediately filed by the DSWD or the Local
Social Welfare and Development Office (LSWDO) pursuant to PD 603. The minimum age for children committed to a
youth care facility or ‘ Bahay Pag-asa ’ shall be twelve (12) years old .”
Slide38:
Qualifications : The child is above twelve (12) years of age up to fifteen (15) years of age The child commits: parricide
, murder , infanticide , kidnapping and serious illegal detention where the victim is killed or raped, robbery , with
homicide or rape, destructive arson, rape , or carnapping where the driver or occupant is killed or raped or offenses
under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12)
years of imprisonment
Slide39:
Procedure : Petition for involuntary commitment and placement under the IJISC shall be filed by the local social
welfare and development officer of the LGU where the offense was committed or by the DSWD worker Filed within 24
hours from the time of the receipt of a report on the alleged commission of said child. The Court shall decide on the
petition within 72 hours.
What if Children who are Exempt from Criminal Responsibility are Repeat Offenders?:
What if Children who are Exempt from Criminal Responsibility are Repeat Offenders ? He/She shall be deemed a
neglected child under PD 603 He/She shall undergo an intensive intervention program supervised by the local social
welfare and development officer
Slide41:
Qualifications : The child is above twelve (12) years of age up to fifteen (15) years of age The child was previously
subjected to a community-based intervention program The child’s parents or guardians shall execute a written
authorization for the voluntary commitment of the child if the best interest of the child requires that he/she be placed
in a youth care facility or ‘ Bahay Pag-asa ’ Petition for Involuntary Commitment shall be immediately filed by the
DSWD or the LSWDO: if the child has No parents or guardians or if they refuse or fail to execute the written
authorization for voluntary commitment
What if the Children are Exploited by Adults for the Commission of Crimes?:
What if the Children are Exploited by Adults for the Commission of Crimes? Any person who, in the commission of a
crime, makes use, takes advantage of, or profits from the use of children, i ncluding 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, threaten or instigate the commission of the crime, shall be imposed the penalty prescribed by law for the
crime committed in its maximum period .
What if the Children are Exploited by Adults for the Commission of Crimes?:
What if the Children are Exploited by Adults for the Commission of Crimes? Under R.A. 7610 : Any person who shall
use, coerce, force or intimidate a street child or any other child to: Beg or use begging as a means of living ; Act as
conduit or middlemen in drug trafficking or pushing; or Conduct any illegal activities, shall suffer the penalty of prision
correccional in its medium period to reclusion perpetua
Diversion:
January 24, 2008 Notes of Atty. Debbie G. Dulay Diversion An alternative, child-appropriate process of determining
the responsibility and treatment of a CICL Based on his/her social, cultural, economic, psychological or educational
background WITHOUT resorting to formal court proceedings
Venues Of Diversion:
January 24, 2008 Notes of Atty. Debbie G. Dulay Venues Of Diversion Barangay, Police, Prosecutor Level If offense
has imposable penalty of not more than six (6) years of imprisonment Court If the imposable penalty is more than six
(6) years of imprisonment but not more than twelve (12) years imprisonment
Katarungang Pambarangay Level:
January 24, 2008 Notes of Atty. Debbie G. Dulay Katarungang Pambarangay Level Conducted by the Lupon
Tagapamayapa, chaired by the Punong Barangay, with the assistance of the members of the BCPC Punong
Barangay shall conduct mediation / family conferencing / conciliation / adopt indigenous modes of conflict resolution
Barangay Level…:
January 24, 2008 Notes of Atty. Debbie G. Dulay Barangay Level… Absence of the offended party or his/her
disagreement in its conduct shall not prevent the proceedings from being conducted. The Punong Barangay shall,
however, endeavor to obtain the participation and the consent of the offended party in the formulation of the diversion
program.
Barangay Level…:
January 24, 2008 Notes of Atty. Debbie G. Dulay Barangay Level… Objectives: restorative justice / formulation of a
diversion program Child and his/her family shall be present in the conduct of these diversion proceedings Offended
party may participate in the diversion proceedings
Contract of Diversion:
January 24, 2008 Notes of Atty. Debbie G. Dulay Contract of Diversion Child voluntarily admits commission of the act
Victim and offender must both agree to diversion
Diversion Program:
January 24, 2008 Notes of Atty. Debbie G. Dulay Diversion Program must be in writing signed by parties & concerned
authorities Local Social Welfare Officer implements/supervises the Diversion Program Diversion proceedings to be
completed in 45 days
On Diversion Program…:
January 24, 2008 Notes of Atty. Debbie G. Dulay On Diversion Program… Child must present himself/herself at least
once a month for reporting & evaluation Failure to comply w/ the terms and conditions of DP as certified by the
LSWDO, victim has the option to institute appropriate legal action
Barangay Level…:
January 24, 2008 Notes of Atty. Debbie G. Dulay Barangay Level… Participation in available community-based
programs including community service Participation in education, vocation and life skills programs
Court Level …:
January 24, 2008 Notes of Atty. Debbie G. Dulay Court Level … Diversion programs previously specified Written or
oral reprimand or citation Fine Payment of cost of the proceedings Institutional care and custody
Court Proceedings:
January 24, 2008 Notes of Atty. Debbie G. Dulay Court Proceedings Apply privileged mitigating circumstance of
Minority to fix, Reduce Bail IF CHILD IS DETAINED: Release On Recognizance, Bail, Transfer to Youth Home,
Rehabilitation Center Institutionalization Last Resort, for Shortest Period No detention of child in jail pending trial
“Bahay Pag-asa”:
“ Bahay Pag-asa ” Refers to a 24-hour child-caring institution established, Funded and managed by local government
units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) Providing short-term residential
care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are
awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
“Bahay Pag-asa”:
“ Bahay Pag-asa ” “A multi-disciplinary team composed of a social worker, a psychologist/mental health professional,
a medical doctor, an educational/guidance counselor and a Barangay Council for the Protection of Children (BCPC)
member shall operate the ‘ Bahay Pag-asa ’. The team will work on the individualized intervention plan with the child
and the child’s family.
Establishment of IJISC:
Establishment of IJISC “Part of the features of a ‘ Bahay Pag-asa ’ is an Intensive Juvenile Intervention And Support
Center (IJISC). “ Every ‘ Bahay Pag-asa ’ will have a special facility called the IJISC. This Center will be allocated for
children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof.
Establishment of IJISC:
Establishment of IJISC These children will be required to undergo a more intensive multi-disciplinary intervention
program.
Establishment of IJISC:
Establishment of IJISC The JJWC in partnership with, but not limited to, the DSWD, the DOH, the DepED and the
DILG, will develop and set the standards for the implementation of the multi-disciplinary intervention program of the
IJISC. Upon institutionalization of the IJISC program, the JJWC will continue to monitor and provide technical
assistance to the multi-disciplinary teams operating the said centers .”