Republic Act No.

9344
Juvenile Justice and
Welfare Act of 2006

Adopted from Asec. Teresita R. Domingo’s

presentation
 MAIN
FEATURE
Children in conflict with the law (CICL) are
required to undergo a “diversion program”, in
addition to “intervention programs”
 RA 9344 & Restorative
Justice
The enactment of the Juvenile Justice and
Welfare Act was a progressive step towards
a more restorative and child-oriented juvenile
justice system.
It is in consonance with the United Nations
Convention on the Right of the Child (UN
CRC) when promoting the child´s
reintegration and constructive role in society.
 RA 9344 & Restorative
Justice
The concept of “restorative justice” guides
the juvenile justice and welfare system.
 RA 9344 & Restorative
Justice
It is restorative justice that requires “a process
of resolving conflicts with the maximum
involvement of the victim, the offender and the
community to achieve reparation for the victim,
reconciliation of the offender, the offended and
the community, reassurance to the offender
that he/she can be reintegrated into society;
and enhancement of public safety by activating
the offender, the victim and the community in
prevention strategies”.
 Child Exempt from Criminal Responsibility

 A child fifteen (15) years of age or under at the time of

the commission of the offense.

A child is deemed to be fifteen (15) years of age on the

day of the fifteenth anniversary of his/her birthdate.

 A child above fifteen (15) years but below eighteen (18)

years of age.

Such child shall be subjected to an intervention program.

But, if he/she acted with discernment, he/she shall be
subjected to appropriate proceedings.

Note: Exemption from criminal liability does not include

exemption from civil liability
 DIVERSION

an alternative, child-appropriate process

of determining the responsibility and
treatment of a child in conflict with the
law on the basis of his/her social,
cultural, economic, psychological or
educational background without
resorting to formal court proceedings
 INTERVENTION
a series of activities designed to
address issues that caused the
child to commit an offense.
 INTERVENTION
• Primary Intervention

• Secondary Intervention

• Tertiary Intervention
• Primary Intervention - includes measures to
promote social justice an equal opportunity which
more often than not is the root cause for the
commission of crimes;

• Secondary Intervention – includes measures to

assist children at risk; and

• Tertiary Intervention – includes measures to

avoid unnecessary contract with the formal justice
system and measures to avoid re-offending such as
diversion, rehabilitation and reintegration
programs.
 RIGHTS OF THE CHILD
• Right to be treated with humanity and
respect;
• Right not to be subjected to torture, cruel or
inhuman treatment;
• Right to bail or recognizance;
• Right to privacy;
• Right to probation, if qualified;
• Right to diversion, if qualified;
 RIGHTS OF THE CHILD
• Right to automatic suspension of sentence;
• Right not to be deprived arbitrarily of his
liberty or restricted more than as
necessary;
• Right to be separated from adult offenders;
• Right to maintain contact with his family
• Right not be imposed the death sentence
• Right to be free from perjury concealment
or misrepresentation
 INITIAL CONTACT
WITH THE CHILD

Refers to the the apprehension or

taking into custody of a child in
conflict with the law by law
enforcement or private citizens
Initial Contact by private citizens
or non-law enforcement officers

In the event a CICL is

apprehended or taken into
custody by private citizens,
the child shall be immediately
referred to the appropriate law
enforcement officer for the
child to undergo the proper
investigation.
Procedure for Taking Child
Custody
From the moment the child is taken into
custody, the law enforcement officer
shall:
1. IDENTIFY himself;

2. EXPLAIN to the child why he is taken

into custody; the offense committed; and
his rights earlier enumerated.
The following should be avoided:
use of vulgar language, display of instruments
of force, subjecting the child to restraint than
is necessary, use of violence or unnecessary
force.
 Procedure for Taking Child
Custody local or DSWD
3. NOTIFY the parents/guardians,
social worker, and the PAO, not later than 8 hours
from the time the child is taken into custody;

4. Immediately DETERMINES the age of the child by

securing his birth/baptismal certificate, school
records or other pertinent documents, or by
interviewing the child or persons who have
knowledge, by physical appearance, etc.

5. TAKE the child to a medical officer for a physical

and mental examination;

6. TURN OVER the child to the local/DSWD social

worker within 8 hours after he is taken into custody
 INITIAL
INVESTIGATION
It is the stage after initial contact
when the law enforcement officer
takes the statement of the CICL.
 INITIAL
INVESTIGATION
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.
 INITIAL
INVESTIGATION
The statement shall be taken in the presence of:
a. the child’s lawyer or the PAO lawyer;
b. child’s parents, guardians or nearest
relative, representative of an NGO,
religious group or member of the BCPC;
and
c. the social worker.

Statement shall be signed by the child,

witnessed by all those present
The initial investigation shall record
the following:
a. whether handcuffs or instruments of
restraint were used; if so, the reason therefore;

b. that parents/guardians, social worker and

PAO have been notified of apprehension and
details thereof;

c. exhaustion of measures in determining the

age of the child, details of physical and medical
examination or failure to do so
Thereafter, the CICL is turned over to the
local/DSWD social worker for:

a. INTERVENTION – where the child is 15

years old or below

b. DETERMINATION OF DISCERNMENT-
where the child is above 15 but below 18
years old
 INTERVENTION
• where the child is 15 and below in which
case the social worker shall immediately turn
over the child to his parents/guardians and
the appropriate intervention is determined in
consultation with the child and the
parents/guardians.
 INTERVENTION
If parents/guardians could not be located, the
child may be released to a
(1) Registered Non-Governmental or Religious
organization;
(2) Member of a Barangay Council for the
Protection of Children (BCPC),
(3) Local social worker; and
(4) in the absence of the enumeration, to the
DSWD
Factors in determining Appropriate
Intervention Programs

1. Personal circumstances of the

child
2. Needs of the child
3. Family and social background of
the child
4. Influence of the family and
environment on the child's
growth
Factors in determining Appropriate
Intervention Programs

5. Ability and willingness of parents to

guide and supervise
6. Nature and circumstances of the
offense charged
7. Availability of community based
programs for intervention
8. Best interest of the child
 DISCERNMENT
DISCERNMENT - where the child is over
15 but below 18 who acted:

• without discernment – for intervention

• with discernment – for diversion provided

the imposable penalty for crime committed
is not more than 6 years
Additional factors to be considered in
determining whether diversion is appropriate:

1. nature and circumstances of the

offense charged
2. frequency or severity of the act
3. personal circumstances of the child
4. influence of family and environment
on the child
Additional factors to be considered in
determining whether diversion is appropriate:

5. reparation of injury to victim

6. safety of community
7. weight of evidence against the
child
8. best interest of the child
 Factors in assessing Discernment

a. Facts and circumstances of the case;

b. Educational level and performance of
the child; and
c. Appearance, attitude, conduct and
behavior of the child.
 Conduct of Diversion
Diversion may be conducted at the:
a. Katarungan Pambarangay by the
Punong Barangay

b. Police Investigation by the law

enforcer/police
 Conduct of Diversion
c. Inquest or Preliminary Investigation
where imposable penalty for the
crime is not more than 6 years by the
prosecutor.
d. Otherwise, where imposable penalty is
more than 6 but does not exceed 12
years, diversion may be conducted
only at the court level by the judge.
The officer conducting the diversion
proceedings shall:
a. explain to the parties the objectives and
value of diversion and consequences of
not undergoing diversion;

b. Ask the child the circumstances which

led him to the commission of the offense,
his motives or purpose ;

c. take the personal circumstances of the

child including that of his parents and
family;
The officer conducting the diversion
proceedings shall:
d. make the child understand the
consequences of his act and his
corresponding responsibilities therefor;

e. Ensure that the child understands and

realizes his accountability, is remorseful
and will take on the responsibility of
repairing the harm done.
Factors in the formulation of
Diversion Program
1. Feelings of remorse
2. Ability of parents or legal guardians to
guide and supervise;
3. Victim’s view about the propriety of the
measure to be imposed ; and
4. Availability of community based
programs for rehabilitation and
reintegration of the child
 Kinds of Diversion
Programs
1. PUNONG BARANGAY LEVEL
a. Restitution of property
b. Reparation of damage caused
c. Indemnification for consequential
damages
d. Written or oral apology
e. Care, guidance and supervision orders
 Kinds of Diversion
Programs
1. PUNONG BARANGAY LEVEL
f. Training, seminars and lectures on
• anger management
• values formation
• problem solving
• skills that will aid the child in dealing with
the situation which can lead to repetition
g. Participation in community based
program, education, vocation and life skills
program
 Kinds of Diversion
Programs
2. LAW ENFORCER AND PROSECUTOR
a. DPs specified under (1)(a) to (1) (g);
and
b. Confiscation and forfeiture of the
instruments of the crime
 Kinds of Diversion
Programs
3. COURT LEVEL
a. DPs specified under (1) to (2);
b. written or oral reprimand or citation;
c. Fine;
d. payment of cost of proceedings; or
e. institutional care and custody
Termination of Diversion Proceedings

1. Contract of Diversion has been

entered into;
2. 45-day period has lapsed without
reaching an agreement;
3. Diversion is found to be
inappropriate;
4. Child/parents or guardians does not
consent to diversion.
Termination of Diversion Proceedings
Note: “Sec. 26 of RA 9344 provide “…
The diversion program shall be
effective and binding if accepted by
the parties concerned. The
acceptance shall be in writing and
signed by the parties concerned and
the appropriate authorities.”
 PROSECUTORS
• When diversion is deemed terminated as earlier
mentioned or that the CICL is over 15 and under
18 years old who acted with discernment and
the imposable penalty for the offense is more
than 6 years, the law enforcer shall refer the
case to the prosecutor who, before proceeding
to preliminary investigation, shall still endeavour
to arrive at an agreement to a diversion
program.
 PROSECUTORS
• It shall be the duty of the
prosecutor to notify the PAO and
ensure that the child’s rights have
been protected such that it is
incumbent upon him to
investigate allegations of torture,
deprivation of or unnecessary
restrictions on liberty, if any.
 PROSECUTORS
• Should there be a determination of
probable cause, an information shall be
filed before the Family Court within 45
days from the start of the preliminary
investigation.
 COURTS
• When the case reaches the court, it
shall determine whether or not
diversion is appropriate provided
that the imposable penalty on the
offense charged is more than 6 but
not more than 12 years
imprisonment.
 COURTS
• Pending trial, the court may release
children in detention on bail or
recognizance.
• In all other cases, detention may be
replaced by alternative measures such
as close supervision, intensive care or
placement with a family, educational
setting or home. The child may be
committed to the care of the DSWD,
local rehab center recognized by
government.
 COURTS
• Once a child under 18 years at the
time of the commission of the
offense is found guilty, sentence
shall be automatically suspended.

• For convicted and sentenced CICL,

the court may, upon application,
place the child on PROBATION in
lieu of service.
 REHABILITATION and
INTEGRATION
• Should community based rehabilitation be
inappropriate, the court may order the
commitment of the child to a :

(a) rehabilitation center;

(b) youth detention center;
 REHABILITATION and
INTEGRATION
(c) agricultural camp, or
(d) other training facilities that will provide the
child with interventions, approaches and
strategies that would change or modify the
negative behavior of the child into a positive one
enabling him to improve on his social functioning
leading to his reintegration to his family and the
community.
Preference should be the community based
programs if adequate since it:

a. Prevent disruption of the education or

means of livelihood of the child;
b. Prevent separation from the family;
c. Facilitate rehabilitation and
mainstreaming of the child; and
d. Minimize stigma on the child
 TRANSITORY PROVISIONS
A. Those 15 years old and below at the
commission of the offense-

i) with pending case but released on bail

or recognizance
- case shall be dismissed and the child
referred to the social worker who will
conduct an assessment whether to release
the child to the custody of the
parents/guardians or refer the child to
prevention programs
 TRANSITORY PROVISIONS
ii) with pending case and under detention
or suspended sentence
- case shall be dismissed upon motion and
child referred to social worker on the
propriety of releasing the child to his
parents/guardians. If cannot be located and
the child is abandoned, neglected or
abused, a petition of involuntary
commitment shall be filed by the social
worker.
iii) convicted and serving sentence
- Any interested party may file a petition for
habeas corpus.
 TRANSITORY PROVISIONS
B. Those above 15 but below 18 at the
commission of the offense-

i.) with pending case but released on bail

or recognizance
Trial may proceed to prove discernment ;

ii) under suspended sentence

Child to continue with rehabilitation
program;
 TRANSITORY PROVISIONS
iii) Convicted and serving sentence
CICL shall be entitled to appropriate
disposition under the Act and the
sentence adjusted accordingly. If
qualified, child shall be immediately
released under the Act or applicable
law. Upon application, the court may
grant probation to the child in lieu of
imprisonment for the remaining
sentence . (Section 42, RA 9344)
 REBUTTAL
RA 9344 does not allow children who are 15
years old and below and who commit crimes to
go “scot-free.”
What it provides is a different process for them
to be made accountable.
Young offenders are not “released” simply
because they cannot be criminally charged;
they can be “institutionalized,” a form of
deprivation of liberty, for a more focused
intervention and reformation.
 REBUTTAL
Experience has shown that the formal criminal
justice system can be harmful to children and
likely lead them deeper into criminality. Instead
of putting these children in jail together with
hardened criminals, thus jeopardizing their
physical and psychological well-being and
development, proper intervention and fully
functional facilities for their rehabilitations
should be provided.
RA 9344 was enacted precisely for this
purpose.