CJUVDELJJS normal growth and development.
Instead of using the word
WEEK 13
MODELS OF JUVENILE JUSTICE SYSTEM
1. The treatment model is the basic belief that the mission
of juvenile justice is to rehabilitate youthful offenders.
The Treatment model philosophy basis was parens
patriae. Parens patriae gave courts the authority to
intervene in families and take steps to protect and punish
juveniles.
The Treatment model works by focusing on the mental,
physical, and social needs of all the individual children.
The Treatment model sends the youth offenders through
multiple rehabilitation programs before being processed
into the system.
2. The justice model is the belief that both juveniles and
adult offenders are wrong and responsible and deserve
to be punished proportionately to the seriousness of their
offenses.
The Justice model was created by David Fogel in
response to the criticism the parens patriae philosophy
faced. The parens patriae was challenged by the due
process philosophy which is the root of the Justice
model. Essentially Fogel believed human beings both,
adult and youth were responsible for their own actions
and if they violated the law they should be punished
“proportionately to the seriousness of the offense.”
3. The crime control model believes that offenders have
free will and should be punished with harsh penalties, to
protect society. The crime control model is considered to
be a conservative approach to crime that focuses on
protecting society from criminals by regulating criminal
conduct and justice. Moreover, this model stresses strict
and swift punishment for crimes; in return, this strict
adherence benefits society by striking fear in criminals
because they will be harshly punished.
The crime control model also seeks to move criminal
cases through the criminal system as quickly as
possible. The goal of the model is to get the cases
through the systems swiftly, even if that means
expanding the powers of the courts. In fact, this model
supports greater powers for prosecutors and the courts
that are handling the cases.
4. The balanced and restorative justice model wishes to
ensure accountability to crime victims, increase
competency in offenders and enhance community safety.
The restorative model is often integral to diverting young
offenders from the formal court system.
It is a contextual model that acknowledges the
desirability of balancing juvenile offenders’ rights against
their responsibilities to the community. The Inquiry
considers that the national standards for juvenile justice
should strike a balance between the rehabilitation of
offenders and restitution to the victim and the
community.
WEEK 14
JUVENILE JUSTICE SYSTEM AND RESTORATIVE
JUSTICE
THE JUVENILE JUSTICE AND WELFARE LAW
Republic Act No. 9344 or the “Juvenile Justice and Welfare
Act” defines the Juvenile Justice and Welfare System as a
system dealing with children at risk and children in conflict with
the law, which provides child-appropriate proceedings,
including programs and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their
“juvenile”, Philippine laws made use of the word “child”.
As defined in R.A. No. 9344, “Child” is a person under the
age of eighteen (18) years. While “Child at Risk” refers to
a child who is vulnerable to and at the risk of committing
criminal offences because of personal, family, and social
circumstances. Some of the examples mentioned in the law
are being abandoned or neglected and living in a
community with a high level of criminality or drug abuse.
“Child in Conflict with the Law” or CICL on the other hand
refers to a child who is alleged as, accused of, or adjudged
as, having committed an offence under Philippine laws.
A child can commit an act or omission whether punishable
under special laws or the amended Revised Penal Code
which is referred to as an “Offence”. Under Republic Act
10630, offences which only apply to a child and not to
adults are called “Status Offences”. These shall not be
considered as offences and shall not be punished if
committed by a child. Examples of status offences include
curfew violations, truancy, parental disobedience, and the
like. Before R.A. No. 9344 was enacted, children at risk and
CICL were treated much like adult offenders as when
former President Ferdinand Marcos, Sr. signed into law the
Judiciary Reorganization Act 1980 which abolished the
juvenile and domestic relations courts. As such child
offenders were subjected to the same adversarial
proceedings as their adult counterparts. As an offshoot of
the United Nations Convention on the Rights of the Child
(UNCRC), the R.A. No. 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.
THE PHILIPPINES AS A JUVENILE JUSTICE
ADVOCATE
As a signatory to the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (The Beijing
Rules), the United Nations Guidelines for the Prevention of
Juvenile Delinquency (The Riyadh Guidelines), the United
Nations Rules for the Protection of Juveniles Deprived of
their Liberty and the most importantly the Convention on
the Rights of the Child, the Philippines guarantees the
protection of the best interests of the child in accordance
with the standards provided for by these international laws.
In the Philippines, members of Congress had passed bills
intended to make laws more consistent with the Philippines’
advocacy on juvenile justice.
As much as the Philippines should be concerned with a
juvenile justice system in harmony with international
policies, the dominant goal is to achieve a standard national
policy on CICL rather than an accurate reproduction of an
international model on CICL. R.A. No. 9344, one bill passed
into law, institutionalized the promotion of the wellbeing of
child and their families, involvement of parents and
guardians, promotion of diversion, avoiding deprivation of
liberty and protecting the privacy rights of children.
R.A. No. 10630 further emphasized child-sensitive justice
policies focused on the best interest of the child. This
principle has been first laid down in the Doha Declaration.
THE PHILIPPINE JUVENILE JUSTICE SYSTEM
A. Diversion and Intervention Programs
The main features of R.A. No. 9344 are the
diversion and intervention programs.
 During the diversion process, the responsibility
and treatment of CICL will be determined on the
basis of his/her social, cultural, economic,
psychological or educational background without
resorting to formal court proceedings. If the CICL is
found to be responsible for an offence, he/she will
be required to undergo diversion programs without
resorting to formal court proceedings.
During the intervention programs on the other
hand, they will undergo a series of activities to
address issues that caused them to commit an
offence. These may take the form of counselling,
skills training, and education. The bigger the role
these diversion and intervention programs play in
child behavior development, the more acceptance
and social legitimacy these programs are likely to
enjoy in resolving problems with CICL.
B. Age of Criminal Responsibility and the Presumption
of Minority
R.A. No. 9344 likewise raises the age of criminal
responsibility from nine years of age under
Presidential Decree 603 to a minimum of 15 years
old. CICLs aged 15 and above are also exempted
from criminal liability unless the prosecution proves
that they acted with discernment — the capacity to
distinguish right from wrong.
These child offenders are also afforded all the
rights of a CICL until he/she is proven to be
eighteen (18) years old or older under the
“presumption of minority” rule. In all proceedings,
law enforcement officers, prosecutors, judges, and
other government officials concerned are
mandated to exert all efforts at determining the age
of the CICL. C. Restorative Justice The concept of
“restorative justice” as opposed to retributive
justice has also been introduced by R.A. No. 9344.
It espouses resolving conflicts with the maximum
involvement of the victim, the offender and the
community. It primarily aims to achieve reparation
for the victim, reconciliation of the offender, the
offended and the community, and enhancement of
public safety. It also ensures that the child’s rights
will not be infringed when he/she admits to the
offence.
THE PHILIPPINES’ INSTITUTIONAL TREATMENT OF CICL
Republic Act No. 10630 or the Act Strengthening the
Juvenile Justice System provided for the establishment of
an Intensive Juvenile Intervention and Support Center for
children (IJISC) under the minimum age of criminal
responsibility in “Bahay Pag-asa”. The “Bahay Pag-asa” is
a 24-hour child-care institution funded and managed by
local government units (LGU) and licensed and/or
accredited non-government organizations. Children in
conflict with the law who are 15 to 18 years old shall be
housed in these temporary shelters while awaiting trial and
the judgement to be rendered by the courts.
The law also clarified procedures for children below the
minimum age if criminal responsibility, including those who
commit serious offences. It provides that any child aged 12
to 15 who commits a serious offence punishable by more
than 12 years’ imprisonment should be deemed a
neglected child under the Child and Youth Welfare Code.
As a neglected child, the minor should be placed in the
IJISC. The same is true with a child who was previously
subjected to a community-based intervention program. He
shall also be deemed a neglected child and as such shall
undergo an intensive intervention program supervised by
the LSWDO. The child will undergo appropriate intervention
program through the written authorization for voluntary
commitment of the child as executed by the parents or
guardians or through a petition in the court for the
involuntary confinement filed by the LSWDO or DSWD.
The “Bahay Pag-asa” will be managed by a multi-
disciplinary team composed of a social worker, a
psychologist/mental health professional, a medical doctor,
an educational guidance counsellor, and a member of the
Barangay Council for the Protection of Children (BCPC).
They will come up with individualized intervention plan for
the child and his/her family. Based on the recommendation
of the multi-disciplinary team of the IJISC, the LSWDO or
the DSWD, the court may require the parents of the CICL to
undergo counselling or any other intervention that would
advance the best interest of the child.
The BAHAY PAG-ASA YOUTH CENTER operates as a
transformational facility exclusively for Children-in-Conflict
with the Law (CICL) and Children-at-Risk (CAR) from
Negros Occidental and surrounding areas. Through the
center, we aim to:
• Administer a wholistic formation/ transformational
program with emphasis on basic education,
spiritual formation, life skills and livelihood skills.
• Provide competent and committed legal services
which will include non-formal learning modules on
criminal behavior and its consequences.
• Provide an interfaced support system for the youth
offenders after their release composed of the
family, the school or workplace, the church, and
the community to ensure successful re-integration;
and pilot, assess and improve the program so that
it may serve as a model for youth rehabilitation
which maybe replicated in other areas of the
country.
THE PHILIPPINES’ COMMUNITY-BASED (NON-
INSTITUTIONAL) TREATMENT OF CICL
A. Who can avail?
One of the disposition measures that can be availed
of by a CICL under suspended sentence is
Community-based Rehabilitation wherein he/she
shall be released to parents, guardians, relatives or
any other responsible person in the community. The
LSWDO shall supervise the CICL in coordination
with his/her parents/guardian. Examples of these
programs are: competency and life skills
development; socio-cultural and recreational
activities; community volunteer projects; leadership
training; spiritual enrichment; and, family welfare
services. A child under the minimum age of criminal
responsibility shall also be subjected to a
community-based intervention program supervised
by the LSWDO.
B. Cooperation between Community-based
Treatment and Institutional Treatment If the best
interest of the child requires, the CICL shall be
referred to a youth care facility or ‘Bahay Pag-asa’
managed by LGUs or licensed and/or accredited
NGOs monitored by the DSWD. As mentioned
previously, a CICL who was previously subjected to a
community-based intervention programs can be
deemed a neglected child. As such, he/she shall
undergo an intensive intervention programs
supervised by the LSWDO.

THE PHILIPPINES’ SOCIAL INTEGRATION OF CICL
Aftercare support services shall be made to prevent re-
offending. These will be given for a period of at least six
months. These services could include life skills
development, livelihood programs and membership to
existing youth organizations. The aftercare support services
shall be provided by the LSWDO. However, licensed, and
accredited non-government organizations may also be
tapped. As with the previous programs, it will require active
participation of both the child and his/her parents or
guardians. The ultimate objective of providing the children
in conflict with the law with interventions that will improve
their social functioning is for them to be eventually
reintegrated to their families and to their communities as
well.
THE PHILIPPINE JUVENILE JUSTICE SYSTEM
In its effort to articulate the Juvenile Justice System in laws,
rules and guidelines, the method of its proponents has
always been experimented serving as a working hypothesis
which is continually being retested in the laboratories of
youth detention homes. Throughout the history of its
implementation, R.A. No. 9344 and its progeny have been
hailed as a medium of hope for CICL. During such times,
the Juvenile Justice System also faced criticism and
difficulty. As such, the Juvenile Justice System of the
Philippines is at odds with itself as to whether or not the
present system warrants reconsideration. Today, the
Philippines should see this exigency.
WEEK 15
PRESIDENTIAL DECREE 603
PD 603 – The Child and Youth Welfare Code
• approved on 10 December 1974
• effectivity date is 10 June 1975 (six months after approval)
• shall apply to persons under eighteen (18) years of age
Presidential Decree No. 603, otherwise known as the
Child and Youth Welfare Code and issued in December
1974, legally defines special categories of youths,
including youthful offenders, and directs the Ministry of
Social Services and Development (MSSD) to provide
comprehensive services to assist in youth development.
Parental Authority (Patria Potestas)
As a general rule, the father and the mother shall jointly
exercise parental authority over the persons of their
common children. However, insofar as illegitimate children
are concerned, Article 176 of the Family Code states that
illegitimate children shall be under the parental authority of
their mother.
The sum total of the rights of the parents over the
person and property of their child.
• The exercise of which has no distinction between a legitimate
and an illegitimate child.
• The father and the mother shall exercise jointly just and
reasonable parental authority and responsibility over their
legitimate or adopted children.
• In case of death of either parent, the surviving parent shall
exercise sole parental authority.
• In case of disagreement, the father’s decision shall prevail
unless there is a judicial order to the contrary.
Parental Responsibility
Parental responsibility means the legal rights, duties,
powers, responsibilities, and authority a parent has for a
child and the child's property. A person who has parental
responsibility for a child has the right to make decisions
about their care and upbringing.
The sum total of the duties and obligations of parents
over their minor children. Parental responsibility means
the legal rights, duties, powers, responsibilities, and
authority a parent has for a child and the child's property. A
person who has parental responsibility for a child has the
right to make decisions about their care and upbringing.
Liabilities of Parents
"Parental liability" is the term used to refer to a parent's
obligation to pay for damage done by negligent, intentional, or
criminal acts of that parent's child.
Parents and guardians are responsible for the damage or
injury caused by the child under their parental authority.
Legal Custody
The right of custody accorded to parents’ springs from the
exercise of parental authority. Under the Family Code, the
father and the mother shall jointly exercise parental
authority over the persons of their common children. Also,
as to adopted children, the adopting parent shall have
parental authority.
In case of separation of parents, no child under SEVEN (7)
YEARS OF AGE shall be separated from his mother unless
the court decides otherwise.
Guardianship
Guardianship is when a court orders someone other than the
child's parent to: Have custody of the child; or. Manage the
child's property (called "estate"); or. Both.
A legal guardian is a person who has been appointed by a
court or otherwise has the legal authority to care for the
personal and property interests of another person, called
a ward.
A trust relation of the most sacred character, in which one
person, called a guardian, acts for another, called a ward,
regarded as incapable of managing his own affairs
SUBSTITUTE PARENTAL AUTHORITY
Authority of persons exercising substitute parental
authority: Same authority over the person of the child as
the parents. Can inflict corporal punishment over the child.
In case of absence or death of both parents, substitute parental
authority shall be given to the following, in order of priority:
a. grandparents
b. oldest brother or sister at least 21 years of age
c. relative who has actual custody of the child/guardian duly
appointed by the court.
Commencement of Civil Personality
The civil personality of the child shall commence from the moment
of conception (the beginning of pregnancy).
Conception
• the start of life
• the union of the sperm cell and the egg
cell
• also called the process of fertilization
Civil Personality
• Pertains to the identity and recognition of an individual as
person having rights.
• Shall commence from the moment of conception, thus all
children shall have the right to be born and the right to live.
Abortion
The expulsion of the fetus from the mother’s womb.
Kinds of Abortion
1. Criminal Abortion
Criminal abortion is the unlawful expulsion of the fetus by
artificial means. It is a felony when any person advises,
assists in or performs an abortion. Some states place self-
induced abortion in a similar category. Death of the mother
upon whom an abortion has been performed is homicide.
The Penal Code considers abortion to be a criminal offense
punishable by up to six years in prison for doctors and
midwives who perform abortions and by 2‒6 years in prison for
women who undergo the procedure, regardless of the reason.
 Classified as intentional or unintentional as provided
by the Revised Penal Code.
 Punishable by law.
2. Therapeutic Abortion
Therapeutic abortion is the ending of a pregnancy on purpose.
It is done before the fetus is able to survive on its own.
Therapeutic abortions can be done to end a pregnancy when
the mother’s life is in danger or if the baby has abnormalities
involving the major organ systems and is not expected to
survive after birth.
 Recommended and performed by a certified
physician when there are health risks and
complications
 Not punishable by law.
Categories of Children
1. Dependent Child
"Dependent Child" means a legitimate, illegitimate or legally
adopted child chiefly dependent upon and living with the
taxpayer if such dependent is not more than twenty-one (21)
years of age, unmarried and not gainfully employed or if such
dependent, regardless of age, is incapable of self-support
because of mental or physical defect.
Without a parent, guardian or custodian, or whose parents,
guardian, or custodian for good cause desires to be relieved of
his care and custody and is dependent upon the public for
support.
2. Abandoned Child
Abandoned Child refers to a child who has no proper parental
care or guardianship, or whose parent(s) have deserted
him/her for a period of at least three (3) continuous months,
which includes a founding.
3. Neglected Child
It is failure of a parent or legal guardian to provide, for reasons
other than poverty, adequate food, clothing, shelter, basic
education or medical care so as to seriously endanger the
physical, mental, social and emotional growth and
development of the child.
A person whose basic needs have been deliberately
unattended to or inadequately attended to, physically or
emotionally, his parents or guardians.
Types of Neglect:
a. Physical Neglect – it occurs when a child is malnourished, ill
clad and without proper shelter.
According to the studies reviewed here, neglect of children is
commonplace across the Philippines. Using a cross-sectional
survey of a general population sample, Ramiro et al. (2010)
found that 22.8 per cent of participants had experienced
physical neglect during the first 18 years of their life.
b. Emotional Neglect – it occurs when a child is raped,
seduced, maltreated, exploited, overworked, or made to work
under streets or public places, or when placed in mortal
danger, or exposed to drugs, alcohol, gambling, prostitution,
and other vices.
4. Disabled Child
It includes mentally retarded, physically handicapped,
emotionally disturbed, and mentally ill children, children with
cerebral palsy and those inflicted with similar afflictions.
Classification:
a. Mentally Retarded
 socially incompetent, that is, socially inadequate and
occupationally incompetent and unable to manage
his own affairs,
 mentally subnormal,
 retarded intellectually from birth or early age,
 retarded at maturity,
 mentally deficient as a result of constitutional origin
through heredity, and
 essentially curable
Classification of Mentally Retardation:
a.1. Custodial Group – members of this classification are severely
or profoundly retarded, hence, the least capable group.
a.2. Trainable Group – consists of those with IQs from about 25 to
about 50.
a.3. Educable Group – this group’s IQ ranges from about 50 to
about 75
a.4. Borderline or Low Normal Group – this is the highest group
of mentally retarded, with Iqs from about 75 to about 89.
b. Physically Handicapped Child
A person who is crippled, deaf-mute, blind or suffers from
defects which restricts his means of action or communication
with others.
A child is now considered physically handicapped if he cannot,
for physical reasons, participate in social, recreational,
educational, or vocational activities on fairly equal terms with
other children of his age.
c. Emotionally Disturbed Child
A person who, although not afflicted with insanity or mental
defects, is unable to maintain normal social relations with
others and the community in general due to emotional
problems or complexes.
Some of the characteristics and behaviors seen in children
who have an emotional disturbance include: Hyperactivity
(short attention span, impulsiveness); Aggression or self-
injurious behavior (acting out, fighting); Withdrawal (not
interacting socially with others, excessive fear or anxiety).
d. Mentally Ill Child
A person who has behavioral disorder.
Whether functional or organic, which is of such a degree of
severity as to require professional help or hospitalization
5. Commitment or Surrender of a Child
Voluntarily Committed / Surrendered Child refers to a
child whose parent or legal guardian knowingly and
willingly relinquished parental authority in writing
through a notarized Deed of Voluntary Commitment
 to the DSWD or any duly licensed or accredited child
placement or child-caring agency or institution.
Important Provisions of the Laws on Adoption
Adoption
An act by which relations of paternity and filiations are
recognized as legally existing between persons not so
related by nature. the taking into one’s family of the child of
another, as son or daughter and heir, and conferring on it a
title to the rights and privileges of such
Biological Child
Natural-born child of the parents.
Adopted Child
A child who underwent the judicial process of adoption.
Foundling
Refers to a deserted or abandoned infant or child whose
parents, guardian or relatives are unknown.
WEEK 16
REPUBLIC ACT 9344 AND REPUBLIC ACT 7610
PHILIPPINE JUVENILE JUSTICE SYSTEM
RA 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 AND FOR OTHER
PURPOSES.
-- repealed the provisions of the Revised Penal Code and
Presidential Decree No 603 on minor offenders
Important Terms Introduced by RA 9344
Juvenile Justice and Welfare System
Refers to a system dealing with children at risk and children
in conflict with the law, which provides child-appropriate
proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and
aftercare to ensure their normal growth and development.
Restorative Justice
Refers to a principle which requires a process of resolving
conflicts with the maximum involvement of the victim, the
offender, and the community; seeks to obtain reparation for
the victim, reconciliation of the offender, the offended and
the community and reassurance to the offender that he or
she can be reintegrated into society
Child at Risk
Refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family,
and social circumstances.
Child in Conflict with the Law
Refers to a child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine laws
Initial Contact with the Child
Refers to the apprehension or taking into custody of a child
in conflict with the law-by-law enforcement officers or
private citizens
Intervention
Refers to a series of activities which are designed to
address issues that caused the child to commit an offense.
May take the form of an individualized treatment program
which may include counseling, skills training, education,
and other activities that will enhance his or her
psychological, emotional, and psycho-social well-being.
Diversion
Refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in
conflict with the law based on his or her social, cultural,
economic, psychological or educational background without
resorting to formal court proceedings
Diversion Program
Refers to the program that the child in conflict with the law
is required to undergo after he or she is found responsible
for an offense without resorting to formal court proceedings.
Youth Detention Home
Refers to a 24-hour child-caring institution managed by
accredited local government units and licensed and/or
accredited non-governmental organizations providing short-
term residential care for children in conflict with the law who
are awaiting court disposition of their cases or transfer to
other agencies or jurisdiction
Youth Rehabilitation Center
Refers to a 24-hour residential care facility managed by the
DSWD, local government units, licensed or accredited non-
governmental organizations monitored by the DSWD, which
provides care, treatment, and rehabilitation services for
children in conflict with the law.
Rights of the Child in Conflict with the Law
The child in conflict with the law shall enjoy the presumption
of minority and shall enjoy all the rights of a child in conflict
with the law until proven to be eighteen years old or older at
the time of the commission of the offense.
1. The right not to be imposed a sentence of capital
punishment or life imprisonment.
2. The right to be detained or imprisoned as a disposition
of last resort, which shall be for the shortest appropriate
period of time.
3. The right to be separated from adult offenders at all
times: during detention, while being transported to and
from the court and while waiting for the hearing.
4. The right to be detained only with other detainees of the
same sex, if detention is necessary.
5. The right to be searched only by a law enforcement
officer of the same gender.
6. The right not to be handcuffed, when such is not
necessary.
7. the right to have his parents or guardians present
8. the right to diversion if he or she is qualified and
voluntarily avails of the same
9. the right to automatic suspension of sentence
10. The right to probation as an alternative to
imprisonment, if qualified under the Probation Law
11. The right to have the records and proceedings involving
him be considered privileged and confidential
Minimum Age of Criminal Responsibility
Under RA 9344, the minimum age of criminal liability is 15
years old. This means that those within the age of 15 to 18
years old may be detained in youth centers and go through
rehabilitation programs while those under 15 years old are
exempted from criminal liability but must undergo
intervention.
• A child fifteen (15) years of age or under at the time of
the commission of the offense shall be exempt from
criminal liability, but he shall undergo intervention
program.
• A child above fifteen (15) years of age but below
eighteen (18) years of age shall likewise be exempt
from criminal liability, if he or she acted without
discernment, but he shall undergo intervention
program.
• However, they are exempted only from criminal liability
and not from civil liability
• A child above fifteen (15) years of age but below
eighteen (18) years of age who acted with discernment
shall be subjected to the diversion proceedings and
shall undergo diversion program, if qualified.
• A child above fifteen (15) years of age but below
eighteen (18) years of age who acted with discernment
and who is not qualified for diversion, or refused to
undergo diversion, shall be prosecuted.
Presumption of Age
The child in conflict with the law shall enjoy the presumption
of minority and shall enjoy all the rights of a child in conflict
with the law until proven to be eighteen years old or older at
the time of the commission of the offense.
• Presumption of minority/has rights of CICL until proven
18 years old or older.
• Birth certificate, baptismal certificate, other pertinent
documents (school records).
• In the absence: information from child, physical
appearance, testimonies of other persons or other
relevant evidence.
Juvenile Justice Welfare Council (JJWC)
• Created and attached to the DOJ and place under its
administrative supervision
• Shall be chaired by undersecretary of the DSWD
• Shall ensure the effective implementation of this act
and coordinate among the following agencies:
a. CWC
b. DepEd
c. DILG
d. PAO
e. BUCOR
f. PPA
g. NBI
h. PNP
i. BJMP
j. CHR
k. TESDA
l. NYC
m. Other institutions focused on juvenile justice
and intervention programs
Initial Contact
"Initial Contact With-the Child" refers to the apprehension or
taking into custody of a child in conflict with the law-by-law
enforcement officers or private citizens.
Taking into custody of a CICL
Duties of Law Enforcement Officer
a. Identify himself to the child
b. Inform the child of his constitutional rights
c. Refrain from harassing or abusing the child
d. Notify the parents/guardians, local or DSWD social
worker, and the PAO, not later than 8 hours from the
time the child is taken into custody.
e. Determines the age of the child
f. Take the child to a medical officer for a physical and
mental examination
g. Turn over the child to the local/DSWD social worker
within 8 hours after he is taken into custody
h. Avoid use of firearms or instruments of force or
restraint, unless absolutely necessary
i. If detention is necessary, separate child from adult
detainees
j. Record: use of handcuffs or other instruments of
restraint; notice to parents,
DSWD and PAO; measures taken to determine age
k. Ensure that statements signed by child are witnessed
by parents, guardian, social worker or legal counsel
l. Search on child to be conducted by officer of same
gender
Initial Investigation
It is the stage after initial contact when the law enforcement
officer takes the statement of the CICL.
The law enforcement officer shall make the initial investigation
by taking the statement of the child:
1. In a language that the child understands
2. In a friendly and non-intimidating manner
3. In a separate room or place where the child is
comfortable
4. Privacy must be observed at all times
Intervention Program
A series of activities designed to address issues that
caused the child to commit an offense.
Some examples of useful interventions include building
relationships, adapting the environment, managing sensory
stimulation, changing communication strategies, providing
prompts and cues, using a teach, review, and reteach
process, and developing social skills.
Procedure on Intervention
1. A CICL 15 years old and below taken into custody,
must be immediately released to his/her parents,
BCPC.
2. With notice to LSWDO to determine appropriate
programs with child, parents if D-A-N (dysfunctional
family, abandoned, neglected).
3. Child does not comply with intervention, LSWDO files
for Involuntary Commitment.
Examples of Intervention
1. Counseling
2. Peer counseling and life skills training and education
3. Provision of support services to the family
4. Referral to other agencies for appropriate services
5. Access to child and youth organizations community
such as but not limited to SK.
Monitoring Compliance
The child and the parents, guardian or persons having
custody of the child shall regularly report to the LSWDO
who determined the intervention program for evaluation of
the:
a. Effectiveness of the programs; and
b. Compliance by the child and the parents with
the terms of the prevention program
Failure to Comply with Intervention Programs
If the child and the parents, guardian or persons having
custody of the child fail to comply with the intervention
program, despite exhausting all efforts to assist them, the
LSWDO may file the proper petition for involuntary
commitment of the child pursuant to PD 603.
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
Who undergoes Diversion?
• CICL above 15 years but below 18 years of age who
acted with discernment
• Children who are 15 years old and below who
committed an offense
Contract of Diversion
• Child voluntarily admits commission of the act
• Victim and offender must both agree to diversion
• Must be in writing signed by parties and concerned
authorities
• LSWO implements/supervises the Diversion Program
• Diversion proceedings to be completed in 45 days
On Diversion Program:
• Child must present himself/herself at least once a
month for reporting and evaluation
• Failure to comply with the terms and conditions of
Diversion Program as certified by the LSWDO, victim
has the option to institute appropriate legal action
Failure to Comply
• Failure to comply with the terms and condition of the
contract of diversion, as certified by the LSWDO, shall
giver the offended party the option to institute the
appropriate legal action
IMPORTANT PROVISIONS OF RA 7610
RA 7610 – Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act
• approved on 17 June 1992
• this law is also commonly referred to as the Anti-Child
Abuse Act
RA 7658 – amendatory law to RA 7610
• approved on 9 November 1993
• this law amended the provisions of RA 7610 regarding
working children
• this law was further amended by RA 9231
Child Abuse
Refers to maltreatment, whether habitual or not, of the
child.
Child abuse is not just physical violence directed at a child.
It is any form of maltreatment by an adult, which is violent
or threatening for the child. This includes neglect. When
child abuse occurs in the home and the abuser is, for
example, the child's parent or caregiver, this is a form of
domestic violence.
'Child abuse or neglect' means the physical injury or
neglect, mental injury, sexual abuse, sexual exploitation, or
maltreatment of a child under age 18 by a person under
circumstances that indicate that the child's health or welfare
is harmed or threatened.
Forms of Child Abuse
1. Cruelty – refers to any word or deed which debases,
degrades, or demeans the intrinsic worth and dignity of
the child as human being
2. Physical injury – includes but is not limited to
lacerations, fractured bones, burns, internal injuries,
severe injuries, or serious bodily harm suffered by a
child
3. Psychological injury – means harm to a child’
psychological or intellectual functioning which may be
exhibited by severe anxiety, depression, withdrawal or
outward aggressive behavior
4. Neglect – means failure to provide, for reasons other
than poverty, the basic needs of the child, such as food,
clothing, medical care, shelter and basic education
5. Sexual abuse – includes the employment, use,
inducement or coercion of a child to engage in sexual
intercourse or lascivious conduct, the molestation,
prostitution and or incest with children
Child Prostitution
Child prostitution is prostitution involving a child, and it is a
form of commercial sexual exploitation of children. The term
normally refers to prostitution of a minor, or person under
the legal age of consent. In most jurisdictions, child
prostitution is illegal as part of general prohibition on
prostitution.
Exploitation of children, whether male or female, by
coercing them into indulging in sexual intercourse or
lascivious conduct for money, profit or any other
consideration.
Who are Criminally Liable for Child Prostitution:
1. Those who engage in or promote, facilitate, or induce
child prostitution, such as:
a. Those acting as procurer of a child prostitute.
b. Parents, guardians, or relatives who knowingly
allow or coerce their children or ward into
prostitution.
2. Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in child
prostitution, such as:
a. clients of child prostitutes
3. Those who derive profit or advantage there from, such
as:
a. Managers or owners of the establishment where
the prostitution takes place.
Obscene Publications and Indecent Shows
The use, hiring, employment and coercing of children as
performers, actors or models for obscene exhibitions and
indecent shows, whether live or in video, or in printed
pornographic materials.
Children as Zones of Peace
 Children as a Zone of Peace (CZOP) is a strategy that aims
to provide humanitarian aid during conflict by prioritizing the
rights of children. ... Further potential is suggested, both in
conflict settings and non-conflict environments, where
children's rights are not being met.
• Children shall not be the object of attack in situations of
armed conflict.
• They shall be protected from any form of threat, assault,
torture or other cruel, inhumane, or degrading treatment.
• Children shall not be recruited to become members of the
Armed Forces of the Philippines of its civilian units, nor be
allowed to take part in the fighting, or used as guides,
couriers, or spies.
• Children shall be given priority during evacuation as a
result of armed conflict.
WEEK 17
REPUBLIC ACT 10630 AND UNITED NATION
DECLARATIONS
Promotion and protection of the rights of CAR and CICL
under a restorative justice and welfare system
 Other important provisions
 Automatic suspension of sentence
 Credit in the service of sentence
 Mandatory registry of CICL
 Confidentiality of records and proceedings
 Prohibited Acts
 Notification of PAO not later than 8 hours after
apprehension
 No detention of CICL in jail pending trial or hearing of
his/her case (Sec. 35, RA 9344 as amended)
 Custody of CICL pending trial
 PAO to obtain Order of Release from the Court if child is
deprived of liberty
Standard Procedure in the Management of CAR and CICL
Cases
 CICL exempt from criminal responsibility (15 years and
below)
 CICL above 12 to 15 years old who committed a serious
crime listed in the Act  CICL above 12 to 15 years old
but reported for repetition of offenses.
 CICL above 15 years but below 18 years of age who
acted without discernment; and
 CICL above 15 years but below 18 years of age who
acted with discernment.
 CAR who violates status offenses and local ordinances
under Sec. 57 and Sec. 57-A
Other Salient Features
Discernment o Diversion
• at the level of the law enforcement officer
• at the LSWDO
• Prosecutor or Judge
• Provides for the Rights of a CICL
• Sets the MACR at above 15 years old
• Mandates a Standard, Child-Sensitive Procedure in
the Management of CAR and CICL Cases from Initial
Contact to Reintegration
• Enhanced Process Flowcharts
• Integrated Care Management Protocol
• LSWDO to conduct initial assessment
• Discernment assessment tool developed by the DSWD
• Information must allege that the child acted with
discernment
R.A. 9344 as amended by R.A. 10630
Child – refers to a person under the age of 18 years
CICL – refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine
laws
CAR – children who are vulnerable or 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
International Human Rights Instruments
o The UN Convention on the Right of the Child (UN
CRC)
o Article 37 and Article 40, UN CRC
o The UN Standard Minimum Rules for the
Administration of Juvenile Justice- Beijing Rules
o Article 20 (1), Article 19 (1), Article 13(2) of the Beijing
Rules
o The UN Guidelines for the Prevention of Juvenile
Delinquency - Riyadh Guidelines
Salient Features of R.A. 9344, as amended by R.A. 10630
Art. 3, 1987 Philippine Constitution
Art. 2, Sec. 13 1987 Philippine Constitution
R.A. 9344 as amended by R.A. 10630
The UN agency for children
In the aftermath of World War II, the plight of Europe’s children
was grave, and a new agency created by the United Nations
stepped in to provide food and clothing and health care to
these children. In 1953, UNICEF became a permanent part of
the UN and began a successful global campaign against
yaws, a disfiguring disease affecting millions of children, and
one that can be cured with penicillin.
Declaration of the Rights of the Child
In 1959, the UN General Assembly adopted the
Declaration of the Rights of the Child, which defines children’s
rights to protection, education, health care, shelter, and good
nutrition.
Education
Following more than a decade of focus on child health
issues, UNICEF expanded its interests to address the needs
of the whole child. Thus, began an abiding concern with
education, starting with support for teacher training and
classroom equipment in newly independent countries. In 1965,
the organization was awarded the Nobel Peace Prize “for the
Promotion of brotherhood among nations.” Today, UNICEF
works in more than 190 countries and territories, focusing
special effort on reaching the most vulnerable and excluded
children, to the benefit of all children, everywhere.
Convention on the Rights of the Child
UNICEF's work is guided by the Convention on the
Rights of the Child (1989). The Convention is the most rapidly
and widely ratified international human rights treaty in history.
The Convention changed the way children are viewed and
treated – i.e., as human beings with a distinct set of rights
instead of as passive objects of care and charity. The
unprecedented acceptance of the Convention clearly shows a
wide global commitment to advancing children’s rights. Much
has been accomplished since the adoption of the Convention,
from declining infant mortality to rising school enrolment, but
much remains to be done.
State of the World's Children
 Every child has the right to health, education and
protection, and every society has a stake in expanding
children’s opportunities in life. Yet, around the world, millions
of children are denied a fair chance for no reason other than
the country, gender or circumstances into which they are born.
Poverty affects children disproportionately. Around the world,
one out of five children live in extreme poverty, living on less
than US$1.90 a day. Their families struggle to afford the basic
health care and nutrition needed to provide them a strong
start. These deprivations leave a lasting imprint; in 2019, 149
million children under the age of five were stunted.
Despite great progress in school enrolment in many
parts of the world, more than 175 million children are not
enrolled in pre-primary education, missing a critical investment
opportunity, and suffering deep inequalities from the start. 6
out of 10 leave primary school without achieving minimum
proficiency levels in reading and mathematics, according to a
2017 UNESCO report. This challenge is compounded by the
increasingly protracted nature of armed conflict.
Children and armed conflict
More than twenty years ago, the world united to
condemn and mobilize against the use of children in armed
conflict. Since then, thousands of children have been released
as a result of Action Plans mandated by the UN Security
Council and other actions aimed at ending and preventing
recruitment and use of children by armed forces and groups.
However, serious challenges for the protection of children
affected by armed conflict remain.
Nearly 250 million children live in countries and areas
affected by armed conflict. In the Syrian Arab Republic, the
nine-year conflict has caused the deaths of 400,000 people,
according to estimates by the former Special Envoy for Syria,
Staffan de Mistura. More than 7,000 children were killed or
maimed since the conflict erupted, the UN verified. In
Afghanistan in the first half of 2019, child casualties
represented almost one-third of the overall total of civilian
casualties, with 327 deaths and 880 injured.
In Somalia, children continue to be the most affected
by crises. More than 5,200 children were victims of grave
violations, alone in 2018, and that is just the number of
reported cases. Children get recruited, used, killed and
maimed. More than 3 million remained out of school last year.
Hundreds of thousands were malnourished.
Millions of children, many of whom are
unaccompanied or separated from their families are being
displaced by armed conflict. These children are at a high risk
of grave violations in and around camps, and other areas of
refuge. Action is urgently required to alleviate the plight of
children displaced by armed conflict and the Secretary-
General encourages Member States to respect the rights of
displaced and refugee children and to provide them with
necessary support services.
Violence against children
The right of children to protection from violence is
enshrined in the Convention on the Rights of the Child and yet
still one billion children experience some form of emotional,
physical, or sexual violence every year; and one child dies
from violence every five minutes.
Violence against children knows no boundaries of
culture, class or education. It takes place against children in
institutions, in schools, and at home. Peer violence is also a
concern, as is the growth in cyberbullying. Children exposed to
violence live in isolation, loneliness and fear, not knowing
where to turn for help, especially when the perpetrator is
someone close. Children’s gender, disability, poverty,
nationality or religious origin may all increase the risk of
violence with the youngest being especially vulnerable as they
are less able to speak up and seek support.
In 2006, the UN Study provided a set of
recommendations on how to end violence against children;
and the Secretary-General appointed a Special
Representative to ensure their effective follow-up and to
monitor implementation.
There has been some real progress: many states now
have legislation to prohibit physical, mental, and sexual
violence and support victims; campaigns are raising
awareness of the negative impact of violence; and bullying,
sexual violence and harmful practices against children are
being tackled. We also have more data on the scale and
nature of violence against children.
These are significant developments but much more
needs to be done. The inclusion of a specific target (16.2) in
the 2030 Agenda has shown the world’s commitment to end to
all forms of violence against children. We must work urgently
to ensure that noble vision becomes a reality for every child.
Children and the Sustainable Development Goals
For 15 years, the Millennium Development Goals
(MDGs) were a guiding force on many issues affecting the
lives of children, young people and their families. Over this
time, tremendous progress was made in reducing preventable
child deaths, getting more children into schools, reducing
extreme poverty and ensuring more people have access to
safe water and nutritious food.
However, progress has been uneven and many of the most
pressing issues for the world -- including addressing
inequalities, promoting inclusive economic growth, protecting
children from violence and combating climate change -- were
not adequately covered in the MDGs.
With the adoption of the new Sustainable
Development Goals (SDGs) in September of 2015, world
leaders have committed to ending poverty by 2030. But unless
accelerated efforts are made:
 Almost 52 million children may die before reaching
their fifth birthday between 2019 and 2030.
 Children in sub-Saharan Africa will be 16 times more
likely to die before their fifth birthday than children in
high-income countries.
 Nine out of 10 children living in extreme poverty will
live in sub-Saharan Africa.
 More than 60 million primary school-aged children will
be out of school – roughly the same number as are
out of school today. More than half will be from sub-
Saharan Africa.
 More than 150 million additional girls will marry before
their 18th birthday by 2030.
These vast inequities and dangers do more than
violate the rights and imperil the futures of individual children.
They perpetuate intergenerational cycles of disadvantage and
inequality that undermine the stability of societies and even the
security of nations everywhere.
Children and the UN system
From the focus on education of the United Nations
Educational, Scientific and Cultural Organization (UNESCO),
to the efforts of the International Labor Organization (ILO) to
abolish child labor, to the Children and Youth Program of the
UN Relief and Works Agency for Palestine Refugees in the
Near East (UNRWA), to the nutritional work for mothers and
young children provided by the World Food Program (WFP), to
disease-eradication campaigns by the World Health
Organization (WHO), the UN system is there for children