Salient Features of the

Juvenile Justice and

Welfare Act of 2006
Republic Act No. 9344
(Approved April 28, 2006)
 Juvenile Justice and Welfare
System
 It 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

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 Coverage of the Act
 Different stages involving children at risk
and child in conflict with the law (CICL)
from prevention to rehabilitation and
reintegration

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 CHILDREN 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, such as, but not limited to
the following:
 beingabused by any person through sexual,
physical, psychological, mental, economic or any
other means and the parents or guardian refuse,
are unwilling, or unable to provide protection for
the child.

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 CHILDREN AT RISK
 Being abandoned or neglected, and after diligent
search and inquiry, the parent or guardian cannot
be found
 Coming from a dysfunctional or broken family or
without parent or guardian
 Being out of school

 Being a streetchild

 Being a member of a gang

 Living in a community with a high level of

criminality or drug abuse
 Living in situations of armed conflict

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 Child in Conflict with the Law
 It refers to a child who is alleged as,
accused of, or adjudged as, having
committed an offense

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 Declaration of State Policy
 Protects the best interest of the child
 Recognizes the rights of children to care
and special protection
 Recognizes rights of CICL under
Convention on the Rights of the Child
 Applies the principle of restorative justice
in dealing with CICL

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 Best Interest of the Child
 It refers to the totality of circumstances
and conditions which are most congenial
to the survival, protection and feelings of
security of the child and most encouraging
to the child’s physical, psychological and
emotional development.
 It also means the least detrimental
available alternative for safeguarding the
growth and development of the child.

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 Restorative Justice
 It refers to a principle which requires a process
of resolving conflicts with the maximum
involvement of the victim, the offender and the
community.
 It seeks to obtain reparation for the victim,
reconciliation of the offender, the offended and
the community, and reassurance to the offender
that he can be reintegrated into society.
 It also enhances public safety by activating the
offender, the victim and the community in
prevention strategies.
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 Rights of CICL
 No torture
 No capital punishment
 No unlawful deprivation of liberty;
detention as a last resort and for shortest
period of time
 Humane treatment; separation from adults
 Access to legal and other assistance
 Bail and release on recognizance
 Testify in his behalf
 Privacy
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 Rights of CICL
 Diversion, if qualified
 Proportionate judgment

 Restrictions on liberty kept to a minimum

 Automatic suspension of sentence

 Probation, if qualified

 Exemption from perjury

 Others rights under existing laws

Beijing Rules, Riyadh Guidelines and Rules

on JDL are adopted
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 Age of criminal liability
 Exemption for those 15 years of age or
younger at time of commission of offense
 Exemption for those above 15 and below
18 years of age, unless shown to have
acted with discernment
 Presumption of minority; age may be
contested in a summary proceeding

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 Government Office
 Juvenile Justice and Welfare Council
composed of:
 DOJ, DSWD, CWC, DepEd, DILG, CHR, NYC, 2
representatives from NGOs
 Attached to DOJ
 Chaired by DSWD Undersecretary
 Oversees implementation of the Act

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 Prevention at LGU Level
 Strengthening of Local Councils for the
Protection of Children; 1% of IRA
allocated for LCPCs
 Appointment of licensed social worker to
assist CICL
 Local 3-5 year comprehensive intervention
and restorative program

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 Stages of Prevention
 Primary – general prevention measures
directed at all children
 Secondary – early intervention for children
at risk of offending
 Tertiary – diversion for CICL

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 Children Below Age of Criminal
Responsibility

 No exemption from civil liability, which is

borne by parents
 Child released to parents, but may
undergo program supervised by social
worker

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 Initial Contact:
Duties of Law Enforcement Officer
 Explain to child reason for apprehension
 Inform child of constitutional rights
 Identify himself to child
 Refrain from harassing or abusing child
 Avoid use of firearms or instruments of
force or restraint, unless absolutely
necessary
 Refrain from subjecting child to greater
restraint than is necessary
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 Initial Contact:
Duties of Law Enforcement Officer
 Avoid violence or unnecessary force
 Determine age of child
 Turn over child to social worker within 8
hours
 Take child to medical officer for
examination and treatment
 If detention is necessary, separate child
from adult detainees
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 Initial Contact:
Duties of Law Enforcement Officer
 Record: use of handcuffs or other
instruments of restraint; notice to parents,
DSWD and PAO; measures taken to
determine age
 Ensure that statements signed by child are
witnessed by parents, guardian, social
worker, or legal counsel
 Search on child to be conducted by officer
of same gender

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 Diversion
 Diversion shall be conducted if the child is
not exempt from liability and the offense
has a penalty of not more than 6 years
imprisonment
 If the penalty is not more than 12 years
imprisonment, court can order diversion

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 Diversion
 Available at level of: barangay, police,
prosecutor, courts
 Mechanism is conferencing, mediation and
conciliation
 Contract of diversion, with program
supervised by local social worker
 Failure to comply with program gives
victim option to institute action

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KINDS OF DIVERSION PROGRAMS
 AT THE LEVEL OF THE PUNONG
BARANGAY
 Restitution of property
 Reparation of the damage caused

 Indemnification for consequential damages

 Written or oral apology

 Care, guidance and supervision orders

 Counseling for the CICL and family

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KINDS OF DIVERSION PROGRAMS
 Attendance in trainings, seminars and lectures
on:

 Anger management skills

 Problem solving or conflict resolution skills

 Values formation

 Other skills which will aid the child in dealing with

situations which can lead to repetition of the same

offense

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KINDS OF DIVERSION PROGRAMS

 Participation in available community-based

programs, including community-service
 Participation in education, vocation and life

skills program

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KINDS OF DIVERSION PROGRAMS
 At the level of the law enforcement officer
and the prosecutor

 Diversion program specified under the

barangay level
 Confiscation and forfeiture of the proceeds or

instruments of the crime

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KINDS OF DIVERSION PROGRAMS
 At the level of the appropriate court

 Diversion programs specified in the barangay

and law enforcement levels
 Written or oral reprimand or citation

 Fine

 Payment of the cost of the proceedings

 Institutional care and custody

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 When There is No Diversion
 Punong Barangay within 3 days forward
the records of the case to law
enforcement officer, prosecutor or
appropriate court as the case may be.
 Upon the issuance of the corresponding
document, certifying to the fact that no
agreement has been reached by the
parties, the case shall be filed according to
the regular process.

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 Factors in Determining Diversion
Program
 Nature and circumstances of offense
 Frequency and severity of act
 Circumstances of child
 Influence of family and environment
 Reparation of injury to the victim
 Evidence against the child
 Safety of community
 Best interest of the child

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 Factors in Formulating Diversion
Program
 Child’s feeling of remorse
 Parent’s ability to guide the child
 Victim’s view
 Availability of community-based programs
for rehabilitation and reintegration

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 Preliminary Investigation
 Prosecutor has duty to investigate torture
or ill-treatment of child
 Preliminary investigation to be conducted:
when child does not qualify for diversion,
when child or parents do not agree to
diversion; or when social worker
recommends that diversion is not
appropriate

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 Court Proceedings
 Privileged mitigating circumstance of minority is
determined in fixing amount of bail
 When child is detained, court shall order: release
on recognizance; release on bail; or transfer to
youth home or rehabilitation center
 Institutionalization is a last resort, and for
shortest possible period of time
 Court shall not order detention of child in jail
pending trial

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Alternatives to Detention Where
CICL Tried and Found Guilty
 Suspended Sentence
 Automatic (without need of application)
 Various disposition measures, not just
commitment to DSWD-RRCY
 Applicable even if child reaches 18 years
of age pending trial
 Probation

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 Confidentiality of Records and
Proceedings
 Non-disclosure of records to media
 Separate police blotter
 System of coding to conceal identity of
child
 Non-use of records in other proceedings,
except when beneficial to offender and
with his written consent
 No liability of child for perjury for not
disclosing his being CICL
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 Rehabilitation
 Rehabilitation may be community-based or
center-based
 Court order required for admission to
rehabilitation or training facility
 Separate facilities from adults
 Special attention for female CICL;
separate accommodations

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 Rehabilitation Programs
 Competency and life skills development
 Socio-cultural and recreational activities
 Community volunteer projects
 Leadership training
 Social services
 Home life services
 Health services
 Spiritual enrichment
 Community and family welfare services

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 Centers
 Youth Rehabilitation Centers – Established
by DSWD
 Youth Detention Homes - Established by
LGUs or licensed and accredited NGOs
 Sharing of costs for care and maintenance
of CICL under institutional care

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 Community-based Programs
 Prevents disruption of education and
separation of child from family, facilitates
rehabilitation and reintegration, and
minimizes stigma
 Each LGU to establish program

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 Aftercare
 Those who have been discharged from a
rehabilitation center shall be provided
aftercare for at least 6 months

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 Other Exemptions
 Children exempt from liability for
vagrancy, prostitution, mendicancy and
sniffing of glue and solvents
 Children exempt from application of death
penalty under RPC, drugs law or other
laws

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 Prohibited Acts
 Branding or labeling of CICL;
discriminatory remarks
 Threats
 Abusive, coercive and punitive measures
 Degrading, inhuman or cruel forms of
punishment
 Compelling child to perform involuntary
servitude
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Penalty for Violation of RA 9344
 Fine of Php 20,000 to 50,000
 Imprisonment of 8 to 10 years
 Both fine and imprisonment
 Perpetual absolute disqualification, if a
public officer or employee

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 OTHER DUTIES OF THE
AGENCIES AND OFFICERS
INVOLVED IN THE
IMPLEMENTATION OF THE
LAW

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 LOCAL GOVERNMENT UNITS
 Develop and implement a Local Intervention
program in accordance with the National
Comprehensive Program of the JJWC
 Encourage the participation of all sectors
concerned, particularly the child-focused
institutions, NGOs, Pos, educational institutions
and NGAs involved in the delinquency prevention
to participate in the planning process and
implementation of juvenile intervention
programs

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 LOCAL GOVERNMENT UNITS
 Set aside its annual budget amount
necessary to implement the Local
Intervention program
 Review and assess annually, in
coordination with the LCPC, the
implementation of the Local Intervention
Program. LGU to submit its assessment to
the JJWC through the DILG

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 LOCAL GOVERNMENT UNITS
 Ensure that no children are admitted or
detained in provincial jails
 Establish and strengthen Local Council for
the Protection of Children in the barangay
and municipality
 Set aside and disburse one percent (1%)
of the IRA of cities, municipalities and
barangays for LCPCs

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 LOCAL GOVERNMENT UNITS
 Pay a portion of the expenses for the care
and maintenance of the CICL in the youth
rehabilitation centers, in case the parents
of the CICL liable to support the child
cannot pay all or part of said expenses.
 Institute community-based programs for
intervention, diversion and rehabilitation.

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 LOCAL GOVERNMENT UNITS
 Appoint a duly licensed social worker who
shall be tasked to assist CICL.
 Conduct an inventory and mapping of
local resources for CICL
 Establish local youth detention homes for
CICL within five (5) years from the
effectivity of the Act.

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 LOCAL SOCIAL WELFARE AND
DEVELOPMENT OFFICE
 Determine the appropriate intervention and
prevention programs for the Child who is exempt
from criminal liability
 Develop with the assistance of the LCPC, the
appropriate diversion programs for CICL
 Immediately proceed to and be present in the
initial investigation of the CICL, after receiving
notification from the law enforcement officer of
the initial contact with the child

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 LOCAL SOCIAL WELFARE AND
DEVELOPMENT OFFICE
 Actively assist in conducting the initial
investigation
 Witness the signing of statement by the child
and affix signature to the said statement
 Receive physical custody of the child not later
than eight (8) hours after apprehension except
in cases where the child is below the age of
criminal responsibility

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 LOCAL SOCIAL WELFARE AND
DEVELOPMENT OFFICE
 For the CICL above 15 but below 18 years
old, (who fall under conditional
exemptions) conduct an assessment if the
child acted with discernment as part of the
initial investigation and shall make
necessary recommendation to the law
enforcement officer on the basis of the
said assessment.

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 LOCAL SOCIAL WELFARE AND
DEVELOPMENT OFFICE
 Conduct diversion proceedings for CICL
above 15 but below 18, acted with
discernment
 File petition for involuntary commitment if
the CICL is found to be abandoned,
neglected or abused by parents/guardians
or the parents do not comply with the
intervention or prevention programs

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 LOCAL SOCIAL WELFARE AND
DEVELOPMENT OFFICE
 Monitor compliance of the CICL and family
who are undergoing intervention and
prevention programs through periodic
homevisits at the home of the child
 Assist the other levels who conducted
diversion proceedings for CICL
 Develop with the LCPC’s community-based
programs for diversion

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 LOCAL SOCIAL WELFARE AND
DEVELOPMENT OFFICE
 Prepare the Social Case Study report of
the child for submission to the
rehabilitation center or to the court, if
necessary
 Develop and provide after-care support
services in accordance with the criteria set
by the JJWC
 Provide appropriate counseling and
treatment programs for CICL

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PHILIPPINE NATIONAL POLICE
 Ensure that police stations have:
 An area where the children taken into custody
are kept separate from adult offenders
 A separate logbook of all children taken into
custody
 Personnel who are trained to especially deal
with CICL
 Have a list of all the persons/agencies that
may take custody of the child in conflict with
the law if parents cannot assume custody

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PHILIPPINE NATIONAL POLICE
 Establish a uniform system of:
 Reporting of CICL who are taken into the
custody of law enforcement officers
 Maintaining the confidentiality of the records
of CICL and protecting the identity of these
children
 Compile statistical data for accurate
assessment of the situation involving CICL
and report the same to the JJWC thru
DILG
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 BARANGAYS
 Strengthen the Barangay Council for the
Protection of Children
 Develop programs and formulate
mechanism to answer problems on
juvenile intervention and delinquency
prevention
 Conduct diversion proceedings at their
level

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 BARANGAYS
 Submit inventory of CICL reported to
undergo intervention and prevention
programs at their place
 Coordinate, monitor and report to the
LSWDOs compliance of CICL undergoing
intervention and diversion programs

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 Transitory Provisions
 Retroactive application of the law for
those below 18 at time of commission of
the offense
 Cases of CICL who were 15 years or
younger at time of commission of the
crime will be dismissed and CICL will be
released and referred to social worker
 Alternatives to detention for those who
are detained pending trial

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