Transcript of Salient Features of R.A. 9344, as amended by R.A.

10630
add logo here
Legal Framework
Art. 3, 1987 Philippine Constitution
Art. 2, Sec. 13 1987 Philippine Constitution
R.A. 9344 as amended by R.A. 10630
Juvenile Justice and Welfare System
International Human Rights Instruments
The UN Convention on the Right of the Child (UN CRC)
Article 37 and Article 40, UN CRC
The UN Standard Minimum Rules for the Administration of Juvenile Justice- Beijing Rules
Article 20 (1), Article 19 (1), Article 13(2) of the Beijing Rules
The UN Guidelines for the Prevention of Juvenile Delinquency - Riyadh Guidelines
R.A. 9344 as amended by R.A. 10630
Child?
Who is a child in conflict with the law (CICL)?
Who is a child at-risk (CAR)?
Promotion and protection of the rights of CAR and CICL under a restorative justice and welfare
system

Salient Features of 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

Other Salient Features

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
Defines
St
Standard Procedure in the Management of CAR and CICL Cases
CICL exempt from criminal responsibility (15 yo 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 violate status offenses and local ordinances under Sec. 57 and
Sec. 57-A
LSWDO to conduct initial assessment
Discernment assessment tool developed by the DSWD
Information must alleged that the child acted with discernment
Discernment
Diversion
at the level of the law enforcement officer
at the LSWDO
Prosecutor or Judge
Other important provisions
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
Automatic suspension of sentence
Credit in the service of sentence
Mandatory registry of CICL
Confidentiality of records and proceedings
Prohibited Acts