JUVENILE JUSTICE

WELFARE ACT OF 2006

Republic Act No. 9344

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Overview/Outline of Topics
• Brief History and Background of the
Law
• Salient Features of R.A. No. 9344
• Role of the Barangay Council for
Protection of Childrence in the
Implementation of R.A. 9344

January 24, 2008 Notes of Atty. Debbie G. Dulay

 UN Convention on the Rights
of the Child
• Four Categories of Child Rights:
• Survival Rights
• Developmental Rights
• Protection Rights
• Participation Rights

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Art. 40 of the UN Convention
on Child Rights
• Right of CICL to legal help and fair
treatment in a justice system that respects
their rights.
• To set a minimum age below which
children cannot be held criminally
responsible
• To provide the minimum guarantees for the
fairness and quick resolution of judicial
or alternative proceedings
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Philippine Laws
• National Laws protecting the Rights of
Children in Conflict with the Law (CICL) were
limited.
• P.D. No. 603 or the Child and Youth Welfare
Code spelled out special procedures in
handling CICL
• Studies showed a gap in the implementation
of the law by the Five Pillars of Justice -
police, prosecutors, correction, courts and
community
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Still on Background …
• Continued violations of child rights were
easily observed at the time of arrest and
incarceration of a CICL.
• Formal education of child offenders who
were enrolled at the time of arrest was
disrupted. At the same time they also
learn vices such as smoking, gambling,
drinking and substance abuse from
them.
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Principle of Restorative
Justice
• A process of resolving conflicts with the
maximum involvement of the victim, the
offender and the community.
• Reparation for the victim /
Reconciliation of the offender, the
offended party and the community /
Reassurance to the offender that he or
she can be reintegrated into society
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Child Behind Bars

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Rosie

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Child’s Depiction of his Arrest

January 24, 2008 Notes of Atty. Debbie G. Dulay

 On Restorative Justice
• Enhancement of public safety by
activating the offender, the victim and
the community in prevention strategies.

• It is one that presumes that children in

conflict with the law are themselves
victims.

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Diversion
• The various processes by which
child offenders are prevented from
entering the formal criminal justice
system.
• A typical component of the
restorative approach

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Revised Penal Code (RPC)
• Outdated because it was enacted in 1932
• Adult-oriented / Distinct circumstances of a
CICL are not taken into account / No
Diversion / Stigma of Criminality / No
provision for aftercare / Punishes Status
Offenses
• There is a need for a law outside the RPC

January 24, 2008 Notes of Atty. Debbie G. Dulay

 R.A. No. 9344
• Juvenile Justice Welfare Act of
2006
• It became effective on May 20,
2006
• Its Implementing Rules and
Regulations (IRR) were enacted on
September 19, 2006
January 24, 2008 Notes of Atty. Debbie G. Dulay
 General Framework
• Principle of Restorative Justice
• Best Interest of the Child

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Coverage of the Law
• Children in Conflict with the Law (CICL)
– children who are alleged, accused of or
adjudged of or adjudged as having
committed an offense under Phil. Laws
• Children-At-Risk
– refers to children who are vulnerable to
and at the risk of committing criminal
offenses because of personal, family and
social circumstances
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Age of Criminal Responsibility
• Children above 15 years of age but
below 18 years of age who acted
WITH DISCERNMENT
• Increased from above 9 years old
to above 15 years old

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Discernment
• The mental capacity of a child to
understand the difference between
what is right or wrong and the
consequences of his acts
• Discernment relates to the moral
significance that the person
attaches to the act
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Assessment on Discernment
• Preliminary assessment must be
conducted by the Local Social
Welfare Development Officer
(LSWDO) during initial investigation
• Final assessment falls on the Court
which hears the case of the CICL

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Preliminary Assessment by
LSWDO
• Social, Cultural, Economic, Legal Status
of CICL
• Developmental age / Educational
Attainment / Quality of Peer Group /
Strengths and Weaknesses of Family /
Parental Control over CICL / Attitude
towards Offense / Harm, Damage done
to others out of the offense / Record of
Prior Offenses

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Final Assessment by Court
• It is incumbent upon the
prosecution to prove that said
minor acted with discernment
• Minor between the ages of 15 and
18 must have FULLY appreciated
the consequences of the unlawful
act
January 24, 2008 Notes of Atty. Debbie G. Dulay
 How to Determine Discernment
• Take into consideration all the facts and
circumstances in the records of each
case such as:
• Appearance / Attitude / Comportment of
the CICL
• Before, during and after the commission
of the crime
• Also during trial
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Determination of Age
• 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
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Exemptions from Criminal
Liability
• A child exactly 15 years old or
below
• A child above 15 years old but
below 18 years old who acted
WITHOUT DISCERNMENT
• Children who commit Status
Offenses
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Status Offenses
• Vagrancy
• Prostitution
• Violation of Curfew Ordinance
• Sniffing of Rugby

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Procedure for Children
Criminally Exempted
• They have civil liability to be borne
by the parents
• They must undergo TERTIARY
INTERVENTION PROGRAM which
is the same as a DIVERSION
PROGRAM

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Intervention Program
• A series of activities designed to
address issues that caused the child to
commit an offense
• Three Levels – Primary, Secondary and
Tertiary
• For CICLs, they must undergo the
Tertiary Level of Intervention
• Tertiary Level of Intervention is the
same as DIVERSION
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Procedure on Intervention
• A CICL 15 years old and below taken into
custody, must be immediately released to
his/her parents, BCPC, LSWDO
• With Notice to LSWDO to determine
appropriate programs with child, parents
if D-A-N (dysfunctional family, abandoned,
neglected)
• Child does not comply with intervention,
LSWDO files for Involuntary Commitment

January 24, 2008 Notes of Atty. Debbie G. Dulay

 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
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Who Undergoes Diversion?
• CICL above fifteen (15) years but
below eighteen (18) years of age
who acted with discernment
• Children who are 15 years old and
below who committed an offense
• Diversion is the same a Tertiary
Intervention
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Venues Of Diversion
• Barangay, Police, Prosecutor Level
– If offense has imposable penalty of
not more than six (6) years of
imprisonment
• Court
– If the imposable penalty of more than
six (6) years of imprisonment

January 24, 2008 Notes of Atty. Debbie G. Dulay

Katarungang Pambarangay Level

• Conducted by the Lupon

Tagapamayapa, chaired by the Punong
Barangay, with the assistance of the
members of the BCPC
• Punong Barangay shall conduct
mediation / family conferencing /
conciliation / adopt indigenous modes of
conflict resolution
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Barangay Level…
• Absence of the offended party or
his/her disagreement in its conduct
shall not prevent the proceedings from
being conducted.

• The Punong Barangay shall, however,

endeavor to obtain the participation and
the consent of the offended party in the
formulation of the diversion program.
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Barangay Level…
• Objectives: restorative justice /
formulation of a diversion program

• Child and his/her family shall be present

in the conduct of these diversion
proceedings

• Offended party may participate in the

diversion proceedings
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Contract of Diversion

• Child voluntarily admits commission

of the act

• Victim and offender must both

agree to diversion

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Diversion Program

• must be in writing signed by parties &

concerned authorities
• Local Social Welfare Officer
implements/supervises the Diversion
Program
• Diversion proceedings to be completed
in 45 days
January 24, 2008 Notes of Atty. Debbie G. Dulay
 On Diversion Program…

• Child must present himself/herself at

least once a month for reporting &
evaluation

• Failure to comply w/ the terms and

conditions of DP as certified by the
LSWDO, victim has the option to
institute appropriate legal action
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Formulation of the Diversion
Program
• An individualized treatment
• Consider the following factors:
• Child’s feelings of remorse for the offense he
or she committed / Parents’ or legal
guardians’ ability to guide and supervise the
child / Victim’s view about the propriety of
the measures to be imposed / Availability of
community-based programs for rehabilitation
and reintegration of the child

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Kinds of Diversion Program
• Restitution of property
• Reparation of the damage caused
• Indemnification for consequential damages
• Written or oral apology
• Care, guidance and supervision
ordersCounseling for the CICL and the child’s
family
• Attendance in trainings, seminar and lectures
on: anger management skills, problem solving
and/or conflict resolution skills, values
formation, other skills in dealing w/ situations
which
January 24, 2008 can leadNotes
to ofrepetition
Atty. Debbie G. Dulay
 Barangay Level…
• Participation in available
community-based programs
including community service

• Participation in education, vocation

and life skills programs

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Law Enforcement & Prosecution
& Social Worker Level …
• Diversion programs previously
specified
• Confiscation and forfeiture of the
proceeds or instruments of the
crime

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Court Level …
• Diversion programs previously
specified
• Written or oral reprimand or citation
• Fine
• Payment of cost of the proceedings
• Institutional care and custody
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Court Proceedings
• Apply privileged mitigating circumstance
of Minority to fix, Reduce Bail
• IF CHILD IS DETAINED: Release On
Recognizance, Bail, Transfer to Youth
Home, Rehabilitation Center
• Institutionalization Last Resort, for
Shortest Period
• No detention of child in jail pending trial
January 24, 2008 Notes of Atty. Debbie G. Dulay
 When CICL Found Guilty
• Determine Civil Liability
• Instead of pronouncing judgment of
conviction, automatic suspension of
sentence ‘ full credit of time in
detention, actual confinement /
other disposition measures under
SC Rule on JICL
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Jurisprudence on Suspension of
Sentence
• Automatic Suspension of service
of sentence DOES NOT APPLY
when penalty is reclusion
perpetua, life imprisonment or
death (Declarador v. Hon. Gubaton, GR No.
159208, 18 Aug. 2006)

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Discharge
• Upon recommendation of Social Worker
with custody of Child,
• Court dismisses Case, Orders Final
Discharge of CICL if Objectives of
disposition measures fulfilled
• Discharge does not affect civil liability
enforced in accordance with law

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Confidentiality of Records,
Proceedings
• Non-disclosure of records to media
• Separate police blotter
• Coding to conceal identity
• Non-use of records in other proceedings
except beneficial to CICL with written
consent
• No liability of child for perjury not
disclosing being CICL
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Rehabilitation
• Community-based, Center-based
• Court Order, hearing required for
admission
• Gender Sensitivity Training for
Personnel

January 24, 2008 Notes of Atty. Debbie G. Dulay

 On Rehabilitation . . .
• Separate Facilities from Adults
• Competency, Life Skills Development / socio-
cultural, Recreational Activities / Community
Volunteer Projects / Leadership Training
• Special Attention for female CICL (All-Female
Team) Separate from male
• Social, Home Life, Health Services / Spiritual
Enrichment / Community, Family Welfare
Services

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Return to Court for Execution of
Judgment
• For failure to comply with
disposition, rehabilitation condition
• CICL reached 18 under suspended
sentence: Court orders discharge,
execute sentence, extend
rehabilitation until maximum of 21
years old
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Center-Based Rehabilitation
• 24-hour group care
• Youth Rehabilitation / Training Centers
(must have registration) – established
by DSWD
• Youth Detention Homes – by LGUs or
Licensed, Accredited NGOs
• Sharing of Costs (1/3 Municipal –
Provincial – National) For Care,
Maintenance of CICL
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Community-Based Programs
• Direct Service
• Prevents Disruption of education,
separation of child from family
• Facilitates Rehabilitation and
Reintegration
• To minimize stigma to child
• Each LGU to establish program
January 24, 2008 Notes of Atty. Debbie G. Dulay
 Aftercare
• CICLs whose cases were
dismissed due to good behavior as
recommended by SW
• Discharge from rehabilitation center
• Provided aftercare for at least 6
months by LSWDO

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Prohibited Acts
• Branding, Labeling / Discriminatory
Remarks / Threats / Abusive,
Coercive, Punitive Measures /
Degrading, Inhuman, Cruel Forms
of Punishment / Compelling child to
perform Involuntary Servitude

January 24, 2008 Notes of Atty. Debbie G. Dulay

PENALTIES UNDER RA 9344
• Fine of P20,000-P50,000 or
Imprisonment of 8-10 years or Both
• Perpetual Absolute Disqualification,
if involving a public officer or
employee

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Additional Information:
• Adults who use minors to beg, as
drug couriers, in illegal acts: Liable
under Sec. 10 (E) RA 7610;
Penalty: Reclusion Perpetua

January 24, 2008 Notes of Atty. Debbie G. Dulay

 Additional Information …
• Drug pushers using minors as
runners, couriers, messengers of
dangerous drugs: Liable under R.A.
9165; Penalty: Life Imprisonment-
Death, Fine P500T-P10M
• Controlled precursors, chemicals – 12
years, 1 day – 20 years, fine P100T-
P500T
January 24, 2008 Notes of Atty. Debbie G. Dulay