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 AND FOR OTHER PURPOSES

Signed on April 28, 2006

CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

SEC. 5. Rights of the Child in Conflict with the Law. – Every child in conflict with the law shall
have the following rights, including but not limited to:

(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or
punishment;

(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without
the possibility of release;

(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or
imprisonment being a disposition of last resort, and which shall be for the shortest appropriate
period of time;

(d) the right to be treated with humanity and respect, for the inherent dignity of the person,
and in a manner which takes into account the needs of a person of his/her age. In particular, a
child deprived of liberty shall be separated from adult offenders at all times. No child shall be
detained together with adult offenders. He/She shall be conveyed separately to or from court.
He/She shall await hearing of his/her own case in a separate holding area. A child in conflict
with the law shall have the right to maintain contact with his/her family through
correspondence and visits, save in exceptional circumstances;

(e) the right to prompt access to legal and other appropriate assistance, as well as the right to
challenge the legality of the deprivation of his/her liberty before a court or other competent,
independent and impartial authority, and to a prompt decision on such action;

(f) the right to bail and recognizance, in appropriate cases;

(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a
child witness;

(h) the right to have his/her privacy respected fully at all stages of the proceedings; (j) the right
to be imposed a judgment in proportion to the gravity of the offense where his/her best
interest, the rights of the victim and the needs of society are all taken into consideration by the
court, under the principle of restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where
discretion is given by law to the judge to determine whether to impose fine or imprisonment,
the imposition of fine being preferred as the more appropriate penalty;

(I) in general, the right to automatic suspension of sentence;

(m) the right to probation as an alternative to imprisonment, if qualified under the Probation
Law;

(n) the right to be free from liability for perjury, concealment or misrepresentation; and

(o) other rights as provided for under existing laws, rules and regulations.

SEC. 12. The Family. – The family shall be responsible for the primary nurturing and rearing of
children which is critical in delinquency prevention. As far as practicable and in accordance with
the procedures of this Act, a child in conflict with the law shall be maintained in his/her family.

SEC. 13. The Educational System. – Educational institutions shall work together with families,
community organizations and agencies in the prevention of juvenile delinquency and in the
rehabilitation and reintegration of child in conflict with the law. Schools shall provide adequate,
necessary and individualized educational schemes for children manifesting difficult behavior
and children in conflict with the law. In cases where children in conflict with the law are taken
into custody or detained in rehabilitation centers, they should be provided the opportunity to
continue learning under an alternative learning system with basic literacy program or non-
formal education accreditation equivalency system.

What is the purpose of RA 9344 Juvenile Justice and Welfare Act?

RA 9344 intends to deal with these children without resorting to judicial proceedings. Instead
of punishing juvenile offenders and treating them as criminals, these child offenders will be
provided by the State and the community with assistance to prevent them from committing
future offences.
RA 9442
An Act Amending Republic Act No. 7277 Magna Carta for Persons with Disability
Section 5
5.1. Persons with Disability are those individuals defined under Section 4 of RA 7277 An Act
Providing for the Rehabilitation, Self-Development and Self-Reliance of Persons with Disability
as amended and their integration into the Mainstream of Society and for Other Purposes’. This
is defined as a person suffering from restriction or different abilities, as a result of a mental,
physical or sensory impairment, to perform an activity in a manner or within the range
considered normal for human being. Disability shall mean (1) a physical or mental impairment
that substantially limits one or more psychological, physiological or anatomical function of an
individual or activities of such individual; (2) a record of such an impairment; or (3) being
regarded as having such an impairment.
Section 6
6.7 Educational Privileges. – Educational assistance to persons with disability, for them to
pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education in
both public and private schools through the provision of scholarships, grants, financial aids,
subsidies and other incentives to qualified persons with disability, including support for books,
learning materials, and uniform allowance, to the extent feasible: Provided, that persons with
disability shall meet the minimum admission requirements set by the Department of Education
(DEPED), Commission on Higher Education Department (CHED), Technical Education and Skills
Development Authority (TESDA) and other entities engaged in the grant of scholarship and
financial assistance for the education of persons with disability. For the purposes of this rule,
primary education shall include nursery and kindergarten whether in private or public school.
The source of funding in addition to the Private Education Student Financial Assistance (PESFA)
fund scholarship for the implementation of the above shall be the one percent (1%) allocation
for persons with disability in DEPED, CHED, TESDA and other training and educational
government agencies as required by General Appropriation Act, subject to the guidelines issued
by the DEPED, CHED and TESDA.
Section 7
Chapter 1. Deliverance from Public Ridicule For purposes of this Chapter, public ridicule shall
be defined as an act of making fun or contemptuous imitating or making mockery of persons
with disability whether in writing, or in words, or in action due to their impairment/s. The
following constitutes acts of public ridicule:
  Making fun of a person on account of his/her disability even through jokes in a manner
that is degrading resulting to the embarrassment of the person with disability in front of
two or more persons;
 Making mockery of a person with disability whether in oral or in writing;
 Imitating a person with disability in public gatherings, stage shows, carnivals, television
shows, broadcast media and other forms of entertainments that are offensive to the
rights and dignity of persons with disability or any other similar acts;
No individual, group or community shall execute any of these acts of ridicule against persons
with disability in any time and place which could intimidate or result in loss of self-esteem of the
latter.

RA 10665 OPEN HIGH SCHOOL SYSTEM ACT

July 9, 2015
AN ACT ESTABLISHING THE OPEN HIGH SCHOOL SYSTEM IN THE PHILIPPINES AND
APPROPRIATING FUNDS THEREFOR

SEC.2 Declaration of Policy.

It is hereby declared the policy of the State to broaden access to relevant quality education
through the employment of an alternative secondary education program that will enable the
youth to overcome personal, geographical, socioeconomic and physical constraints, to
encourage them to complete secondary education. This is in line with the constitutional policy
that mandates the State to "encourage non-formal, Informal, and indigenous learning systems,
as well as self-learning, independent, and out-of-school study programs particularly those that
respond to community needs", as stated in Article XIV, Section 4 of the 1987 Constitution.

SEC. 5. Coverage. – This Act shall apply to public secondary educational institutions authorized
to practice open learning through self-instructional materials, multi-channel learning and
school-family-community partnership as well as other such institutions that shall be authorized
as qualified implementers of the OHSS.

SEC. 6. Learners of the OHSS. – The OHSS shall be open to all youth and adults who have
finished elementary education, as well as high school qualifiers of the Philippine Educational
Placement Test (PEPT) and the Alternative Learning System (ALS) Accreditation and Equivalency
(A&E) Test.

SEC. 8. Curriculum Content. — The OHSS shall adopt the K to 12 Enhanced Basic Education
Curriculum using the standards and learning competencies of different subject areas of the
program.
Importance of RA No. 10665

The Open High School System Act seeks to provide more learners access to secondary
education through the open learning modality.

Open learning is a philosophy of learning that is “learner-centered and flexible, enabling

learners to learn at the time, place and pace which satisfies their circumstances and
requirements.”

QUESTION:

Ymir was diagnosed with Tourette Syndrome but he still wants to finish his studies the reason
why he applied for a college grant. After meeting the minimum admission requirements set by
CHED, he was qualified and can now pursue his tertiary studies with financial aid. What legal
basis or Republic Act correlates with the given situation?

A. RA No. 9442

B. RA No. 9344

C. RA No. 10665

D. RA No. 7277

REFERENCES
An Act of Amending Republic Act No. 7277 – IRR of RA 9442. Retrieved from
https://ncda.gov.ph/disability-laws/implementing-rules-and-regulations-irr/implementing-
rules-and-regulations-of-republic-act-no-9442/ on March 9, 2024.

Aquino signs law creating open high school system in Ph. (2015). Retrieved from
https://www.rappler.com/nation/100059- open-high-school-system-act/ on March 9,2024.

Republic Act No. 9344. Retrieved from https://www.officialgazette.gov.ph/2006/04/28/republic-

act-no-9344-s-2006/ on March 9, 2024.
Republic Act No. 10665. Retrieved from
https://www.officialgazette.gov.ph/2015/07/09/republic-act-no-10665/ on March 9, 2024.