1

Exempting Circumstances: RA9344

Republic Act No. 9344 participate and to express himself/herself freely. The participation of
children in the program and policy formulation and implementation
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND related to juvenile justice and welfare shall be ensured by the
WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE concerned government agency.
COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES (c) The State likewise recognizes the right of children to assistance,
including proper care and nutrition, and special protection from all
Be it enacted by the Senate and House of Representatives of the forms of neglect, abuse, cruelty and exploitation, and other
Philippines in Congress assembled: conditions prejudicial to their development.

TITLE I (d) Pursuant to Article 40 of the United Nations Convention on the

GOVERNING PRINCIPLES Rights of the Child, the State recognizes the right of every child
alleged as, accused of, adjudged, or recognized as having infringed
CHAPTER 1 the penal law to be treated in a manner consistent with the
TITLE, POLICY AND DEFINITION OF TERMS promotion of the child's sense of dignity and worth, taking into
account the child's age and desirability of promoting his/her
Section 1. Short Title and Scope. - This Act shall be known as the reintegration. Whenever appropriate and desirable, the State shall
"Juvenile Justice and Welfare Act of 2006." It shall cover the different adopt measures for dealing with such children without resorting to
stages involving children at risk and children in conflict with the law judicial proceedings, providing that human rights and legal
from prevention to rehabilitation and reintegration. safeguards are fully respected. It shall ensure that children are dealt
with in a manner appropriate to their well-being by providing for,
SEC. 2. Declaration of State Policy. - The following State policies shall among others, a variety of disposition measures such as care,
be observed at all times: guidance and supervision orders, counseling, probation, foster care,
(a) The State recognizes the vital role of children and youth in nation education and vocational training programs and other alternatives to
building and shall promote and protect their physical, moral, institutional care.
spiritual, intellectual and social well-being. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement (e) The administration of the juvenile justice and welfare system shall
in public and civic affairs. take into consideration the cultural and religious perspectives of the
Filipino people, particularly the indigenous peoples and the Muslims,
(b) The State shall protect the best interests of the child through consistent with the protection of the rights of children belonging to
measures that will ensure the observance of international standards these communities.
of child protection, especially those to which the Philippines is a
party. Proceedings before any authority shall be conducted in the
best interest of the child and in a manner which allows the child to
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Exempting Circumstances: RA9344
(f) The State shall apply the principles of restorative justice in all its or guardian refuse, are unwilling, or unable to provide protection for
laws, policies and programs applicable to children in conflict with the the child;
law.
(2) being exploited including sexually or economically;
SEC. 3. Liberal Construction of this Act. - In case of doubt, the
interpretation of any of the provisions of this Act, including its (3) being abandoned or neglected, and after diligent search and
implementing rules and regulations (IRRs), shall be construed inquiry, the parent or guardian cannot be found;
liberally in favor of the child in conflict with the law.
(4) coming from a dysfunctional or broken family or without a parent
SEC. 4. Definition of Terms. - The following terms as used in this Act or guardian;
shall be defined as follows:
(5) being out of school;
(a) "Bail" refers to the security given for the release of the person in
custody of the law, furnished by him/her or a bondsman, to (6) being a streetchild;
guarantee his/her appearance before any court. Bail may be given in
the form of corporate security, property bond, cash deposit, or (7) being a member of a gang;
recognizance.
(8) living in a community with a high level of criminality or drug abuse;
(b) "Best Interest of the Child" refers to the totality of the and
circumstances and conditions which are most congenial to the
survival, protection and feelings of security of the child and most (9) living in situations of armed conflict.
encouraging to the child's physical, psychological and emotional
development. It also means the least detrimental available (e) "Child in Conflict with the Law" refers to a child who is alleged as,
alternative for safeguarding the growth and development of the accused of, or adjudged as, having committed an offense under
child. Philippine laws.

(e) "Child" refers to a person under the age of eighteen (18) years. (f) "Community-based Programs" refers to the programs provided in
a community setting developed for purposes of intervention and
(d) "Child at Risk" refers to a child who is vulnerable to and at the risk diversion, as well as rehabilitation of the child in conflict with the law,
of committing criminal offenses because of personal, family and for reintegration into his/her family and/or community.
social circumstances, such as, but not limited to, the following:
(g) "Court" refers to a family court or, in places where there are no
(1) being abused by any person through sexual, physical, family courts, any regional trial court.
psychological, mental, economic or any other means and the parents
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Exempting Circumstances: RA9344
(h) "Deprivation of Liberty" refers to any form of detention or (m) "Juvenile Justice and Welfare System" refers to a system dealing
imprisonment, or to the placement of a child in conflict with the law with children at risk and children in conflict with the law, which
in a public or private custodial setting, from which the child in conflict provides child-appropriate proceedings, including programs and
with the law is not permitted to leave at will by order of any judicial services for prevention, diversion, rehabilitation, re-integration and
or administrative authority. aftercare to ensure their normal growth and development.

(i) "Diversion" refers to an alternative, child-appropriate process of (n) "Law Enforcement Officer" refers to the person in authority or
determining the responsibility and treatment of a child in conflict his/her agent as defined in Article 152 of the Revised Penal Code,
with the law on the basis of his/her social, cultural, economic, including a barangay tanod.
psychological or educational background without resorting to formal
court proceedings. (0) "Offense" refers to any act or omission whether punishable under
special laws or the Revised Penal Code, as amended.
(j) "Diversion Program" refers to the program that the child in conflict
with the law is required to undergo after he/she is found responsible (p) "Recognizance" refers to an undertaking in lieu of a bond assumed
for an offense without resorting to formal court proceedings. by a parent or custodian who shall be responsible for the appearance
in court of the child in conflict with the law, when required.
(k) "Initial Contact With-the Child" refers to the apprehension or
taking into custody of a child in conflict with the law by law (q) "Restorative Justice" refers to a principle which requires a
enforcement officers or private citizens. It includes the time when the process of resolving conflicts with the maximum involvement of the
child alleged to be in conflict with the law receives a subpoena under victim, the offender and the community. It seeks to obtain reparation
Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure for the victim; reconciliation of the offender, the offended and the
or summons under Section 6(a) or Section 9(b) of the same Rule in community; and reassurance to the offender that he/she can be
cases that do not require preliminary investigation or where there is reintegrated into society. It also enhances public safety by activating
no necessity to place the child alleged to be in conflict with the law the offender, the victim and the community in prevention strategies.
under immediate custody.
(r) "Status Offenses" refers to offenses which discriminate only
(I) "Intervention" refers to a series of activities which are designed to against a child, while an adult does not suffer any penalty for
address issues that caused the child to commit an offense. It may take committing similar acts. These shall include curfew violations;
the form of an individualized treatment program which may include truancy, parental disobedience and the like.
counseling, skills training, education, and other activities that will
enhance his/her psychological, emotional and psycho-social well- (s) "Youth Detention Home" refers to a 24-hour child-caring
being. institution managed by accredited local government units (LGUs) and
licensed and/or accredited nongovernment organizations (NGOs)
providing short-term residential care for children in conflict with the
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Exempting Circumstances: RA9344
law who are awaiting court disposition of their cases or transfer to (c) the right not to be deprived, unlawfully or arbitrarily, of his/her
other agencies or jurisdiction. liberty; detention or imprisonment being a disposition of last resort,
and which shall be for the shortest appropriate period of time;
(t) "Youth Rehabilitation Center" refers to a 24-hour residential care
facility managed by the Department of Social Welfare and (d) the right to be treated with humanity and respect, for the
Development (DSWD), LGUs, licensed and/or accredited NGOs inherent dignity of the person, and in a manner which takes into
monitored by the DSWD, which provides care, treatment and account the needs of a person of his/her age. In particular, a child
rehabilitation services for children in conflict with the law. deprived of liberty shall be separated from adult offenders at all
Rehabilitation services are provided under the guidance of a trained times. No child shall be detained together with adult offenders.
staff where residents are cared for under a structured therapeutic He/She shall be conveyed separately to or from court. He/She shall
environment with the end view of reintegrating them into their await hearing of his/her own case in a separate holding area. A child
families and communities as socially functioning individuals. Physical in conflict with the law shall have the right to maintain contact with
mobility of residents of said centers may be restricted pending court his/her family through correspondence and visits, save in exceptional
disposition of the charges against them. circumstances;

(u) "Victimless Crimes" refers to offenses where there is no private (e) the right to prompt access to legal and other appropriate
offended party. assistance, as well as the right to challenge the legality of the
deprivation of his/her liberty before a court or other competent,
CHAPTER 2 independent and impartial authority, and to a prompt decision on
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND such action;
WELFARE
(f) the right to bail and recognizance, in appropriate cases;
SEC. 5. Rights of the Child in Conflict with the Law. - Every child in
conflict with the law shall have the following rights, including but not (g) the right to testify as a witness in hid/her own behalf under the
limited to: rule on examination of a child witness;

(a) the right not to be subjected to torture or other cruel, inhuman or (h) the right to have his/her privacy respected fully at all stages of the
degrading treatment or punishment; proceedings;

(b) the right not to be imposed a sentence of capital punishment or (i) the right to diversion if he/she is qualified and voluntarily avails of
life imprisonment, without the possibility of release; the same;

(j) the right to be imposed a judgment in proportion to the gravity of

the offense where his/her best interest, the rights of the victim and
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Exempting Circumstances: RA9344
the needs of society are all taken into consideration by the court, in which case, such child shall be subjected to the appropriate
under the principle of restorative justice; proceedings in accordance with this Act.

(k) the right to have restrictions on his/her personal liberty limited to The exemption from criminal liability herein established does not
the minimum, and where discretion is given by law to the judge to include exemption from civil liability, which shall be enforced in
determine whether to impose fine or imprisonment, the imposition accordance with existing laws.
of fine being preferred as the more appropriate penalty;
SEC. 7. Determination ofAge. - The child in conflict with the law shall
(I) in general, the right to automatic suspension of sentence; enjoy the presumption of minority. He/She shall enjoy all the rights
of a child in conflict with the law until he/she is proven to be eighteen
(m) the right to probation as an alternative to imprisonment, if (18) years old or older. The age of a child may be determined from
qualified under the Probation Law; the child's birth certificate, baptismal certificate or any other
pertinent documents. In the absence of these documents, age may
(n) the right to be free from liability for perjury, concealment or be based on information from the child himself/herself, testimonies
misrepresentation; and of other persons, the physical appearance of the child and other
relevant evidence. In case of doubt as to the age of the child, it shall
(o) other rights as provided for under existing laws, rules and be resolved in his/her favor.
regulations.
Any person contesting the age of the child in conflict with the law
The State further adopts the provisions of the United Nations prior to the filing of the information in any appropriate court may file
Standard Minimum Rules for the Administration of Juvenile Justice or a case in a summary proceeding for the determination of age before
"Beijing Rules", United Nations Guidelines for the Prevention of the Family Court which shall decide the case within twenty-four (24)
Juvenile Delinquency or the "Riyadh Guidelines", and the United hours from receipt of the appropriate pleadings of all interested
Nations Rules for the Protection of Juveniles Deprived of Liberty. parties.

SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) If a case has been fiied against the child in conflict with the law and
years of age or under at the time of the commission of the offense is pending in the appropriate court, the person shall file a motion to
shall be exempt from criminal liability. However, the child shall be determine the age of the child in the same court where the case is
subjected to an intervention program pursuant to Section 20 of this pending. Pending hearing on the said motion, proceedings on the
Act. main case shall be suspended.

A child above fifteen (15) years but below eighteen (18) years of age In all proceedings, law enforcement officers, prosecutors, judges and
shall likewise be exempt from criminal liability and be subjected to other government officials concerned shall exert all efforts at
an intervention program, unless he/she has acted with discernment, determining the age of the child in conflict with the law.
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Exempting Circumstances: RA9344
TITLE II (l) National Youth Commission (NYC); and
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND
WELFARE (m) Other institutions focused on juvenile justice and intervention
programs.
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile
Justice and Welfare Council (JJWC) is hereby created and attached to The JJWC shall be composed of representatives, whose ranks shall
the Department of Justice and placed under its administrative not be lower than director, to be designated by the concerned heads
supervision. The JJWC shall be chaired by an undersecretary of the of the following departments or agencies:
Department of Social Welfare and Development. It shall ensure the
effective implementation of this Act and coordination among the (a) Department of Justice (DOJ);
following agencies:
(b) Department of Social Welfare and Development (DSWD);
(a) Council for the Welfare of Children (CWC);
(c) Council for the Welfare of Children (CWC)
(b) Department of Education (DepEd);
(d) Department of Education (DepEd);
(c) Department of the Interior and Local Government (DILG);
(e) Department of the Interior and Local Government (DILG)
(d) Public Attorney's Office (PAO);
(f) Commission on Human Rights (CHR);
(e) Bureau of Corrections (BUCOR);
(g) National Youth Commission (NYC); and
(f) Parole and Probation Administration (PPA)
(h) Two (2) representatives from NGOs, one to be designated by the
(g) National Bureau of Investigation (NBI); Secretary of Justice and the other to be designated by the Secretary
of Social Welfare and Development.
(h) Philippine National Police (PNP);.
The JJWC shall convene within fifteen (15) days from the effectivity
(i) Bureau of Jail Management and Penology (BJMP); of this Act. The Secretary of Justice and the Secretary of Social
Welfare and Development shall determine the organizational
(i) Commission on Human Rights (CHR); structure and staffing pattern of the JJWC.

(k) Technical Education and Skills Development Authority (TESDA); The JJWC shall coordinate with the Office of the Court Administrator
and the Philippine Judicial Academy to ensure the realization of its
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Exempting Circumstances: RA9344
mandate and the proper discharge of its duties and functions, as (1) the performance and results achieved by juvenile intervention
herein provided. programs and by activities of the local government units and other
government agencies;
SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the
following duties and functions: (2) the periodic trends, problems and causes of juvenile delinquency
and crimes; and
(a) To oversee the implementation of this Act;
(3) the particular needs of children in conflict with the law in custody.
(b) To advise the President on all matters and policies relating to
juvenile justice and welfare; The data gathered shall be used by the JJWC in the improvement of
the administration of juvenile justice and welfare system.
(c) To assist the concerned agencies in the review and redrafting of
existing policies/regulations or in the formulation of new ones in line The JJWC shall set up a mechanism to ensure that children are
with the provisions of this Act; involved in research and policy development.

(d) To periodically develop a comprehensive 3 to 5-year national (h) Through duly designated persons and with the assistance of the
juvenile intervention program, with the participation of government agencies provided in the preceding section, to conduct regular
agencies concerned, NGOs and youth organizations; inspections in detention and rehabilitation facilities and to undertake
spot inspections on their own initiative in order to check compliance
(e) To coordinate the implementation of the juvenile intervention with the standards provided herein and to make the necessary
programs and activities by national government agencies and other recommendations to appropriate agencies;
activities which may have an important bearing on the success of the
entire national juvenile intervention program. All programs relating (i) To initiate and coordinate the conduct of trainings for the
to juvenile justice and welfare shall be adopted in consultation with personnel of the agencies involved in the administration of the
the JJWC; juvenile justice and welfare system and the juvenile intervention
program;
(f) To formulate and recommend policies and strategies in
consultation with children for the prevention of juvenile delinquency (j) To submit an annual report to the President on the
and the administration of justice, as well as for the treatment and implementation of this Act; and
rehabilitation of the children in conflict with the law;
(k) To perform such other functions as may be necessary to
(g) To collect relevant information and conduct continuing research implement the provisions of this Act.
and support evaluations and studies on all matters relating to
juvenile justice and welfare, such as but not limited to:
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Exempting Circumstances: RA9344
SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All prevention of juvenile delinquency and in the rehabilitation and
government agencies enumerated in Section 8 shall, with the reintegration of child in conflict with the law. Schools shall provide
assistance of the JJWC and within one (1) year from the effectivity of adequate, necessary and individualized educational schemes for
this Act, draft policies and procedures consistent with the standards children manifesting difficult behavior and children in conflict with
set in the law. These policies and procedures shall be modified the law. In cases where children in conflict with the law are taken into
accordingly in consultation with the JJWC upon the completion of the custody or detained in rehabilitation centers, they should be
national juvenile intervention program as provided under Section 9 provided the opportunity to continue learning under an alternative
(d). learning system with basic literacy program or non- formal education
accreditation equivalency system.
SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center
of the Commission on Human Rights shall ensure that the status, SEC. 14. The Role of the Mass Media. - The mass media shall play an
rights and interests of children are upheld in accordance with the active role in the promotion of child rights, and delinquency
Constitution and international instruments on human rights. The CHR prevention by relaying consistent messages through a balanced
shall strengthen the monitoring of government compliance of all approach. Media practitioners shall, therefore, have the duty to
treaty obligations, including the timely and regular submission of maintain the highest critical and professional standards in reporting
reports before the treaty bodies, as well as the implementation and and covering cases of children in conflict with the law. In all publicity
dissemination of recommendations and conclusions by government concerning children, the best interest of the child should be the
agencies as well as NGOs and civil society. primordial and paramount concern. Any undue, inappropriate and
sensationalized publicity of any case involving a child in conflict with
the law is hereby declared a violation of the child's rights.
TITLE III
PREVENTION OF JUVENILE DELINQUENCY SEC. 15. Establishment and Strengthening of Local Councils for the
Protection of Children. - Local Councils for the Protection of Children
CHAPTER 1 (LCPC) shall be established in all levels of local government, and
THE ROLE OF THE DIFFERENT SECTORS where they have already been established, they shall be
strengthened within one (1) year from the effectivity of this Act.
SEC. 12. The Family. - The family shall be responsible for the primary Membership in the LCPC shall be chosen from among the responsible
nurturing and rearing of children which is critical in delinquency members of the community, including a representative from the
prevention. As far as practicable and in accordance with the youth sector, as well as representatives from government and private
procedures of this Act, a child in conflict with the law shall be agencies concerned with the welfare of children.
maintained in his/her family.
The local council shall serve as the primary agency to coordinate with
SEC. 13. The Educational System. - Educational institutions shall work and assist the LGU concerned for the adoption of a comprehensive
together with families, community organizations and agencies in the
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Exempting Circumstances: RA9344
plan on delinquency prevention, and to oversee its proper programs shall be implemented consistent with the national program
implementation. formulated and designed by the JJWC. The implementation of the
comprehensive juvenile intervention program shall be reviewed and
One percent (1%) of the internal revenue allotment of barangays, assessed annually by the LGUs in coordination with the LCPC. Results
municipalities and cities shall be allocated for the strengthening and of the assessment shall be submitted by the provincial and city
implementation of the programs of the LCPC: Provided, That the governments to the JJWC not later than March 30 of every year.
disbursement of the fund shall be made by the LGU concerned.
SEC. 19. Community-based Programs on Juvenile Justice and
SEC. 16. Appointment of Local Social Welfare and Development Welfare. - Community-based programs on juvenile justice and
Officer. - All LGUs shall appoint a duly licensed social worker as its welfare shall be instituted by the LGUs through the LCPC, school,
local social welfare and development officer tasked to assist children youth organizations and other concerned agencies. The LGUs shall
in conflict with the law. provide community-based services which respond to the special
needs, problems, interests and concerns of children and which offer
SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) appropriate counseling and guidance to them and their families.
shall coordinate with the LCPC in the formulation and These programs shall consist of three levels:
implementation of juvenile intervention and diversion programs in
the community. (a) Primary intervention includes general measures to promote social
justice and equal opportunity, which tackle perceived root causes of
CHAPTER 2 offending;
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
(b) Secondary intervention includes measures to assist children at
SEC. 18. Development of a Comprehensive Juvenile Intervention risk; and
Program. - A Comprehensive juvenile intervention program covering
at least a 3-year period shall be instituted in LGUs from the barangay (c) Tertiary intervention includes measures to avoid unnecessary
to the provincial level. contact with the formal justice system and other measures to
prevent re-offending.
The LGUs shall set aside an amount necessary to implement their
respective juvenile intervention programs in their annual budget.
TITLE IV
The LGUs, in coordination with the LCPC, shall call on all sectors TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL
concerned, particularly the child-focused institutions, NGOs, people's RESPONSIBILITY
organizations, educational institutions and government agencies
involved in delinquency prevention to participate in the planning SEC. 20. Children Below the Age of Criminal Responsibility. - If it has
process and implementation of juvenile intervention programs. Such been determined that the child taken into custody is fifteen (15)
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Exempting Circumstances: RA9344
years old or below, the authority which will have an initial contact (a) Explain to the child in simple language and in a dialect that he/she
with the child has the duty to immediately release the child to the can understand why he/she is being placed under custody and the
custody of his/her parents or guardian, or in the absence thereof, the offense that he/she allegedly committed;
child's nearest relative. Said authority shall give notice to the local
social welfare and development officer who will determine the (b) Inform the child of the reason for such custody and advise the
appropriate programs in consultation with the child and to the child of his/her constitutional rights in a language or dialect
person having custody over the child. If the parents, guardians or understood by him/her;
nearest relatives cannot be located, or if they refuse to take custody,
the child may be released to any of the following: a duly registered (e) Properly identify himself/herself and present proper identification
nongovernmental or religious organization; a barangay official or a to the child;
member of the Barangay Council for the Protection of Children
(BCPC); a local social welfare and development officer; or when and (d) Refrain from using vulgar or profane words and from sexually
where appropriate, the DSWD. If the child referred to herein has harassing or abusing, or making sexual advances on the child in
been found by the Local Social Welfare and Development Office to conflict with the law;
be abandoned, neglected or abused by his parents, or in the event
that the parents will not comply with the prevention program, the (e) Avoid displaying or using any firearm, weapon, handcuffs or other
proper petition for involuntary commitment shall be filed by the instruments of force or restraint, unless absolutely necessary and
DSWD or the Local Social Welfare and Development Office pursuant only after all other methods of control have been exhausted and have
to Presidential Decree No. 603, otherwise ,known as "The Child and failed;
Youth Welfare Code".
(f) Refrain from subjecting the child in conflict with the law to greater
restraint than is necessary for his/her apprehension;
TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM (g) Avoid violence or unnecessary force;

CHAPTER I (h) Determine the age of the child pursuant to Section 7 of this Act;
INITIAL CONTACT WITH THE CHILD
(i) Immediately but not later than eight (8) hours after apprehension,
SEC. 21. Procedure for Taking the Child into Custody. - From the turn over custody of the child to the Social Welfare and Development
moment a child is taken into custody, the law enforcement officer Office or other accredited NGOs, and notify the child's apprehension.
shall: The social welfare and development officer shall explain to the child
and the child's parents/guardians the consequences of the child's act
with a view towards counseling and rehabilitation, diversion from the
criminal justice system, and reparation, if appropriate;
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Exempting Circumstances: RA9344
(j) Take the child immediately to the proper medical and health SEC. 22. Duties During Initial Investigation. - The law enforcement
officer for a thorough physical and mental examination. The officer shall, in his/her investigation, determine where the case
examination results shall be kept confidential unless otherwise involving the child in conflict with the law should be referred.
ordered by the Family Court. Whenever the medical treatment is
required, steps shall be immediately undertaken to provide the The taking of the statement of the child shall be conducted in the
same; presence of the following: (1) child's counsel of choice or in the
absence thereof, a lawyer from the Public Attorney's Office; (2) the
(k) Ensure that should detention of the child in conflict with the law child's parents, guardian, or nearest relative, as the case may be; and
be necessary, the child shall be secured in quarters separate from (3) the local social welfare and development officer. In the absence
that of the opposite sex and adult offenders; of the child's parents, guardian, or nearest relative, and the local
social welfare and development officer, the investigation shall be
(l) Record the following in the initial investigation: conducted in the presence of a representative of an NGO, religious
group, or member of the BCPC.
1. Whether handcuffs or other instruments of restraint were used,
and if so, the reason for such; After the initial investigation, the local social worker conducting the
same may do either of the following:
2. That the parents or guardian of a child, the DSWD, and the PA0
have been informed of the apprehension and the details thereof; and (a) Proceed in accordance with Section 20 if the child is fifteen (15)
years or below or above fifteen (15) but below eighteen (18) years
3. The exhaustion of measures to determine the age of a child and old, who acted without discernment; and
the precise details of the physical and medical examination or the
failure to submit a child to such examination; and (b) If the child is above fifteen (15) years old but below eighteen (18)
and who acted with discernment, proceed to diversion under the
(m) Ensure that all statements signed by the child during following chapter.
investigation shall be witnessed by the child's parents or guardian,
social worker, or legal counsel in attendance who shall affix his/her CHAPTER 2
signature to the said statement. DIVERSION

A child in conflict with the law shall only be searched by a law SEC. 23. System of Diversion. - Children in conflict with the law shall
enforcement officer of the same gender and shall not be locked up in undergo diversion programs without undergoing court proceedings
a detention cell. subject to the conditions herein provided:

(a) Where the imposable penalty for the crime committee is not more
than six (6) years imprisonment, the law enforcement officer or
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Exempting Circumstances: RA9344
Punong Barangay with the assistance of the local social welfare and be used against the child in any subsequent judicial, quasi-judicial or
development officer or other members of the LCPC shall conduct administrative proceedings. The diversion program shall be effective
mediation, family conferencing and conciliation and, where and binding if accepted by the parties concerned. The acceptance
appropriate, adopt indigenous modes of conflict resolution in shall be in writing and signed by the parties concerned and the
accordance with the best interest of the child with a view to appropriate authorities. The local social welfare and development
accomplishing the objectives of restorative justice and the officer shall supervise the implementation of the diversion program.
formulation of a diversion program. The child and his/her family shall The diversion proceedings shall be completed within forty-five (45)
be present in these activities. days. The period of prescription of the offense shall be suspended
until the completion of the diversion proceedings but not to exceed
(b) In victimless crimes where the imposable penalty is not more than forty-five (45) days.
six (6) years imprisonment, the local social welfare and development
officer shall meet with the child and his/her parents or guardians for The child shall present himself/herself to the competent authorities
the development of the appropriate diversion and rehabilitation that imposed the diversion program at least once a month for
program, in coordination with the BCPC; reporting and evaluation of the effectiveness of the program.

(c) Where the imposable penalty for the crime committed exceeds Failure to comply with the terms and conditions of the contract of
six (6) years imprisonment, diversion measures may be resorted to diversion, as certified by the local social welfare and development
only by the court. officer, shall give the offended party the option to institute the
appropriate legal action.
SEC. 24. Stages Where Diversion May be Conducted. - Diversion may
be conducted at the Katarungang Pambarangay, the police The period of prescription of the offense shall be suspended during
investigation or the inquest or preliminary investigation stage and at the effectivity of the diversion program, but not exceeding a period
all 1evels and phases of the proceedings including judicial level. of two (2) years.

SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict SEC. 27. Duty of the Punong Barangay When There is No Diversion. -
with law may undergo conferencing, mediation or conciliation If the offense does not fall under Section 23(a) and (b), or if the child,
outside the criminal justice system or prior to his entry into said his/her parents or guardian does not consent to a diversion, the
system. A contract of diversion may be entered into during such Punong Barangay handling the case shall, within three (3) days from
conferencing, mediation or conciliation proceedings. determination of the absence of jurisdiction over the case or
termination of the diversion proceedings, as the case may be,
SEC. 26. Contract of Diversion. - If during the conferencing, mediation forward the records of the case of the child to the law enforcement
or conciliation, the child voluntarily admits the commission of the act, officer, prosecutor or the appropriate court, as the case may be.
a diversion program shall be developed when appropriate and Upon the issuance of the corresponding document, certifying to the
desirable as determined under Section 30. Such admission shall not
 13
Exempting Circumstances: RA9344
fact that no agreement has been reached by the parties, the case (h) The best interest of the child.
shall be filed according to the regular process.
SEC. 30. Formulation of the Diversion Program. - In formulating a
SEC. 28. Duty of the Law Enforcement Officer When There is No diversion program, the individual characteristics and the peculiar
Diversion. - If the offense does not fall under Section 23(a) and (b), or circumstances of the child in conflict with the law shall be used to
if the child, his/her parents or guardian does not consent to a formulate an individualized treatment.
diversion, the Women and Children Protection Desk of the PNP, or
other law enforcement officer handling the case of the child under The following factors shall be considered in formulating a diversion
custody, to the prosecutor or judge concerned for the conduct of program for the child:
inquest and/or preliminary investigation to determine whether or
not the child should remain under custody and correspondingly (a) The child's feelings of remorse for the offense he/she committed;
charged in court. The document transmitting said records shall
display the word "CHILD" in bold letters. (b) The parents' or legal guardians' ability to guide and supervise the
child;
SEC. 29. Factors in Determining Diversion Program. - In determining
whether diversion is appropriate and desirable, the following factors (c) The victim's view about the propriety of the measures to be
shall be taken into consideration: imposed; and

(a) The nature and circumstances of the offense charged; (d) The availability of community-based programs for rehabilitation
and reintegration of the child.
(b) The frequency and the severity of the act;
SEC. 31. Kinds of Diversion Programs. - The diversion program shall
(c) The circumstances of the child (e.g. age, maturity, intelligence, include adequate socio-cultural and psychological responses and
etc.); services for the child. At the different stages where diversion may be
resorted to, the following diversion programs may be agreed upon,
(d) The influence of the family and environment on the growth of the such as, but not limited to:
child;
(a) At the level of the Punong Barangay:
(e) The reparation of injury to the victim;
(1) Restitution of property;
(f) The weight of the evidence against the child;
(2) Reparation of the damage caused;
(g) The safety of the community; and
(3) Indemnification for consequential damages;
 14
Exempting Circumstances: RA9344
(4) Written or oral apology; (2) Written or oral reprimand or citation;

(5) Care, guidance and supervision orders; (3) Fine:

(6) Counseling for the child in conflict with the law and the child's (4) Payment of the cost of the proceedings; or
family;
(5) Institutional care and custody.
(7)Attendance in trainings, seminars and lectures on:
CHAPTER 3
(i) anger management skills; PROSECUTION

(ii) problem solving and/or conflict resolution skills; SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially
trained prosecutor to conduct inquest, preliminary investigation and
(iii) values formation; and prosecution of cases involving a child in conflict with the law. If there
is an allegation of torture or ill-treatment of a child in conflict with
(iv) other skills which will aid the child in dealing with situations which the law during arrest or detention, it shall be the duty of the
can lead to repetition of the offense; prosecutor to investigate the same.

(8) Participation in available community-based programs, including SEC. 33. Preliminary Investigation and Filing of Information. - The
community service; or prosecutor shall conduct a preliminary investigation in the following
instances: (a) when the child in conflict with the law does not qualify
(9) Participation in education, vocation and life skills programs. for diversion: (b) when the child, his/her parents or guardian does not
agree to diversion as specified in Sections 27 and 28; and (c) when
(b) At the level of the law enforcement officer and the prosecutor: considering the assessment and recommendation of the social
worker, the prosecutor determines that diversion is not appropriate
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) for the child in conflict with the law.
herein; and
Upon serving the subpoena and the affidavit of complaint, the
(2) Confiscation and forfeiture of the proceeds or instruments of the prosecutor shall notify the Public Attorney's Office of such service, as
crime; well as the personal information, and place of detention of the child
in conflict with the law.
(c) At the level of the appropriate court:
Upon determination of probable cause by the prosecutor, the
(1) Diversion programs specified under paragraphs(a)and (b) above; information against the child shall be filed before the Family Court
 15
Exempting Circumstances: RA9344
within forty-five (45) days from the start of the preliminary Whenever detention is necessary, a child will always be detained in
investigation. youth detention homes established by local governments, pursuant
to Section 8 of the Family Courts Act, in the city or municipality where
CHAPTER 4 the child resides.
COURT PROCEEDINGS
In the absence of a youth detention home, the child in conflict with
SEC. 34. Bail. - For purposes of recommending the amount of bail, the law may be committed to the care of the DSWD or a local
the privileged mitigating circumstance of minority shall be rehabilitation center recognized by the government in the province,
considered. city or municipality within the jurisdiction of the court. The center or
agency concerned shall be responsible for the child's appearance in
SEC. 35. Release on Recognizance. - Where a child is detained, the court whenever required.
court shall order:
SEC. 37. Diversion Measures. - Where the maximum penalty
(a) the release of the minor on recognizance to his/her parents and imposed by law for the offense with which the child in conflict with
other suitable person; the law is charged is imprisonment of not more than twelve (12)
years, regardless of the fine or fine alone regardless of the amount,
(b) the release of the child in conflict with the law on bail; or and before arraignment of the child in conflict with the law, the court
shall determine whether or not diversion is appropriate.
(c) the transfer of the minor to a youth detention home/youth
rehabilitation center. SEC. 38. Automatic Suspension of Sentence. - Once the child who is
under eighteen (18) years of age at the time of the commission of the
The court shall not order the detention of a child in a jail pending trial offense is found guilty of the offense charged, the court shall
or hearing of his/her case. determine and ascertain any civil liability which may have resulted
from the offense committed. However, instead of pronouncing the
SEC. 36. Detention of the Child Pending Trial. - Children detained judgment of conviction, the court shall place the child in conflict with
pending trial may be released on bail or recognizance as provided for the law under suspended sentence, without need of application:
under Sections 34 and 35 under this Act. In all other cases and Provided, however, That suspension of sentence shall still be applied
whenever possible, detention pending trial may be replaced by even if the juvenile is already eighteen years (18) of age or more at
alternative measures, such as close supervision, intensive care or the time of the pronouncement of his/her guilt.
placement with a family or in an educational setting or home.
Institutionalization or detention of the child pending trial shall be Upon suspension of sentence and after considering the various
used only as a measure of last resort and for the shortest possible chcumstances of the child, the court shall impose the appropriate
period of time. disposition measures as provided in the Supreme Court Rule on
Juveniles in Conflict with the Law.
 16
Exempting Circumstances: RA9344
probation in lieu of service of his/her sentence taking into account
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the the best interest of the child. For this purpose, Section 4 of
recommendation of the social worker who has custody of the child, Presidential Decree No. 968, otherwise known as the "Probation Law
the court shall dismiss the case against the child whose sentence has of 1976", is hereby amended accordingly.
been suspended and against whom disposition measures have been
issued, and shall order the final discharge of the child if it finds that CHAPTER 5
the objective of the disposition measures have been fulfilled. CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

The discharge of the child in conflict with the law shall not affect the SEC. 43. Confedentiality of Records and Proceedings. - All records and
civil liability resulting from the commission of the offense, which shall proceedings involving children in conflict with the law from initial
be enforced in accordance with law. contact until final disposition of the case shall be considered
privileged and confidential. The public shall be excluded during the
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the proceedings and the records shall not be disclosed directly or
court finds that the objective of the disposition measures imposed indirectly to anyone by any of the parties or the participants in the
upon the child in conflict with the law have not been fulfilled, or if proceedings for any purpose whatsoever, except to determine if the
the child in conflict with the law has willfully failed to comply with the child in conflict with the law may have his/hes sentence suspended
conditions of his/her disposition or rehabilitation program, the child or if he/she may be granted probation under the Probation Law, or
in conflict with the law shall be brought before the court for to enforce the civil liability imposed in the criminal action.
execution of judgment.
The component authorities shall undertake all measures to protect
If said child in conflict with the law has reached eighteen (18) years this confidentiality of proceedings, including non-disclosure of
of age while under suspended sentence, the court shall determine records to the media, maintaining a separate police blotter for cases
whether to discharge the child in accordance with this Act, to order involving children in conflict with the law and adopting a system of
execution of sentence, or to extend the suspended sentence for a coding to conceal material information which will lead to the child's
certain specified period or until the child reaches the maximum age identity. Records of a child in conflict with the law shall not be used
of twenty-one (21) years. in subsequent proceedings for cases involving the same offender as
an adult, except when beneficial for the offender and upon his/her
SEC. 41. Credit in Service of Sentence. - The child in conflict with the written consent.
law shall be credited in the services of his/her sentence with the full
time spent in actual commitment and detention under this Act. A person who has been in conflict with the law as a child shall not be
held under any provision of law, to be guilty of perjury or of
SEC. 42. Probation as an Alternative to Imprisonment. - The court concealment or misrepresentation by reason of his/her failure to
may, after it shall have convicted and sentenced a child in conflict acknowledge the case or recite any fact related thereto in response
with the law, and upon application at any time, place the child on to any inquiry made to him/her for any purpose.
 17
Exempting Circumstances: RA9344
accommodated separately from male children in conflict with the
TITLE VI law.
REHABILITATION AND REINTEGRATION SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation
and training facilities shall handle children in conflict with the law
SEC. 44. Objective of Rehabilitation and Reintegration. - The objective without having undergone gender sensitivity training.
of rehabilitation and reintegration of children in conflict with the law
is to provide them with interventions, approaches and strategies that SEC. 49. Establishment of Youth Detention Homes. - The LGUs shall
will enable them to improve their social functioning with the end goal set aside an amount to build youth detention homes as mandated by
of reintegration to their families and as productive members of their the Family Courts Act. Youth detention homes may also be
communities. established by private and NGOs licensed and accredited by the
DSWD, in consultation with the JJWC.
SEC. 45. Court Order Required. - No child shall be received in any
rehabilitation or training facility without a valid order issued by the SEC. 50. Care and Maintenance of the Child in Conflict with the Law.
court after a hearing for the purpose. The details of this order shall - The expenses for the care and maintenance of a child in conflict with
be immediately entered in a register exclusively for children in the law under institutional care shall be borne by his/her parents or
conflict with the law. No child shall be admitted in any facility where those persons liable to support him/her: Provided, That in case
there is no such register. his/her parents or those persons liable to support him/her cannot
pay all or part of said expenses, the municipality where the offense
SEC. 46, Separate Facilities from Adults. - In all rehabilitation or was committed shall pay one-third (1/3) of said expenses or part
training facilities, it shall be mandatory that children shall be thereof; the province to which the municipality belongs shall pay
separated from adults unless they are members of the same family. one-third (1/3) and the remaining one-third (1/3) shall be borne by
Under no other circumstance shall a child in conflict with the law be the national government. Chartered cities shall pay two-thirds (2/3)
placed in the same confinement as adults. of said expenses; and in case a chartered city cannot pay said
expenses, part of the internal revenue allotments applicable to the
The rehabilitation, training or confinement area of children in conflict unpaid portion shall be withheld and applied to the settlement of said
with the law shall provide a home environment where children in obligations: Provided, further, That in the event that the child in
conflict with the law can be provided with quality counseling and conflict with the law is not a resident of the municipality/city where
treatment. the offense was committed, the court, upon its determination, may
require the city/municipality where the child in conflict with the law
SEC. 47. Female Children. - Female children in conflict with the law resides to shoulder the cost.
placed in an institution shall be given special attention as to their
personal needs and problems. They shall be handled by female All city and provincial governments must exert effort for the
doctors, correction officers and social workers, and shall be immediate establishment of local detention homes for children in
conflict with the law.
 18
Exempting Circumstances: RA9344

SEC. 51. Confinement of Convicted Children in Agricultural Camps (6) Homelife services;
and other Training Facilities. - A child
(7) Health services; .
in conflict with the law may, after conviction and upon order of the
court, be made to serve his/her sentence, in lieu of confinement in a (8) Spiritual enrichment; and
regular penal institution, in an agricultural camp and other training
facilities that may be established, maintained, supervised and (9) Community and family welfare services.
controlled by the BUCOR, in coordination with the DSWD.
In accordance therewith, the family of the child in conflict with the
SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children law shall endeavor to actively participate in the community-based
in conflict with the law, whose sentences are suspended may, upon rehabilitation.
order of the court, undergo any or a combination of disposition
measures best suited to the rehabilitation and welfare of the child as Based on the progress of the youth in the community, a final report
provided in the Supreme Court Rule on Juveniles in Conflict with the will be forwarded by the local social welfare and development officer
Law. to the court for final disposition of the case.

If the community-based rehabilitation is availed of by a child in If the community-based programs are provided as diversion
conflict with the law, he/she shall be released to parents, guardians, measures under Chapter II, Title V, the programs enumerated above
relatives or any other responsible person in the community. Under shall be made available to the child in conflict with the law.
the supervision and guidance of the local social welfare and
development officer, and in coordination with his/her SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation
parents/guardian, the child in conflict with the law shall participate center shall provide 24-hour group care, treatment and rehabilitation
in community-based programs, which shall include, but not limited services under the guidance of a trained staff where residents are
to: cared for under a structured therapeutic environment with the end
view of reintegrating them in their families and communities as
(1) Competency and life skills development; socially functioning individuals. A quarterly report shall be submitted
by the center to the proper court on the progress of the children in
(2) Socio-cultural and recreational activities; conflict with the law. Based on the progress of the youth in the
center, a final report will be forwarded to the court for final
(3) Community volunteer projects; disposition of the case. The DSWD shall establish youth rehabilitation
(4) Leadership training; centers in each region of the country.

(5) Social services;

 19
Exempting Circumstances: RA9344
SEC. 54. Objectives of Community Based Programs. - The objectives prevent re-offending and make the children productive members of
of community-based programs are as follows: the community.
(a) Prevent disruption in the education or means of livelihood of the
child in conflict with the law in case he/she is studying, working or TITLE VII
attending vocational learning institutions; GENERAL PROVISIONS

(b) Prevent separation of the child in conflict with the law from CHAPTER 1
his/her parents/guardians to maintain the support system fostered EXEMPTING PROVISIONS
by their relationship and to create greater awareness of their mutual
and reciprocal responsibilities; SEC. 57. Status Offenses. - Any conduct not considered an offense or
not penalized if committed by an adult shall not be considered an
(c) Facilitate the rehabilitation and mainstreaming of the child in offense and shall not be punished if committed by a child.
conflict with the law and encourage community support and
involvement; and SEC. 58. Offenses Not Applicable to Children. - Persons below
eighteen (18) years of age shall be exempt from prosecution for the
(d) Minimize the stigma that attaches to the child in conflict with the crime of vagrancy and prostitution under Section 202 of the Revised
law by preventing jail detention. Penal Code, of mendicancy under Presidential Decree No. 1563, and
sniffing of rugby under Presidential Decree No. 1619, such
SEC. 55. Criteria of Community-Based Programs. - Every LGU shall prosecution being inconsistent with the United Nations Convention
establish community-based programs that will focus on the on the Rights of the Child: Provided, That said persons shall undergo
rehabilitation and reintegration of the child. All programs shall meet appropriate counseling and treatment program.
the criteria to be established by the JJWC which shall take into
account the purpose of the program, the need for the consent of the SEC. 59. Exemption from the Application of Death Penalty. - The
child and his/her parents or legal guardians, and the participation of provisions of the Revised Penal Code, as amended, Republic Act No.
the child-centered agencies whether public or private. 9165, otherwise known as the Comprehensive Dangerous Drugs Act
of 2002, and other special laws notwithstanding, no death penalty
SEC. 56. After-Care Support Services for Children in Conflict with the shall be imposed upon children in conflict with the law.
Law. - Children in conflict with the law whose cases have been
dismissed by the proper court because of good behavior as per CHAPTER 2
recommendation of the DSWD social worker and/or any accredited PROHIBITED ACTS
NGO youth rehabilitation center shall be provided after-care services
by the local social welfare and development officer for a period of at SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct
least six (6) months. The service includes counseling and other of the proceedings beginning from the initial contact with the child,
community-based services designed to facilitate social reintegration, the competent authorities must refrain from branding or labeling
 20
Exempting Circumstances: RA9344
children as young criminals, juvenile delinquents, prostitutes or thousand pesos (P50,000.00) or suffer imprisonment of not less than
attaching to them in any manner any other derogatory names. eight (8) years but not more than ten (10) years, or both such fine
Likewise, no discriminatory remarks and practices shall be allowed and imprisonment at the discretion of the court, unless a higher
particularly with respect to the child's class or ethnic origin. penalty is provided for in the Revised Penal Code or special laws. If
the offender is a public officer or employee, he/she shall, in addition
SEC. 61. Other Prohibited Acts. - The following and any other similar to such fine and/or imprisonment, be held administratively liable and
acts shall be considered prejudicial and detrimental to the shall suffer the penalty of perpetual absolute disqualification.
psychological, emotional, social, spiritual, moral and physical health
and well-being of the child in conflict with the law and therefore, CHAPTER 4
prohibited: APPROPRIATION PROVISION

(a) Employment of threats of whatever kind and nature; SEC. 63. Appropriations. - The amount necessary to carry out the
initial implementation of this Act shall be charged to the Office of the
(b) Employment of abusive, coercive and punitive measures such as President. Thereafter, such sums as may be necessary for the
cursing, beating, stripping, and solitary confinement; continued implementation of this Act shall be included in the
succeeding General Appropriations Act.
(c) Employment of degrading, inhuman end cruel forms of
punishment such as shaving the heads, pouring irritating, corrosive An initial amount of Fifty million pesos (P50,000,000.00) for the
or harmful substances over the body of the child in conflict with the purpose of setting up the JJWC shall be taken from the proceeds of
law, or forcing him/her to walk around the community wearing signs the Philippine Charity Sweepstakes Office.
which embarrass, humiliate, and degrade his/her personality and
dignity; and
TITLE VIII
(d) Compelling the child to perform involuntary servitude in any and TRANSITORY PROVISIONS
all forms under any and all instances.
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and
CHAPTER 3 Below. - Upon effectivity of this Act, cases of children fifteen (15)
PENAL PROVISION years old and below at the time of the commission of the crime shall
immediately be dismissed and the child shall be referred to the
SEC. 62. Violation of the Provisions of this Act or Rules or Regulations appropriate local social welfare and development officer. Such
in General. - Any person who violates any provision of this Act or any officer, upon thorough assessment of the child, shall determine
rule or regulation promulgated in accordance thereof shall, upon whether to release the child to the custody of his/her parents, or
conviction for each act or omission, be punished by a fine of not less refer the child to prevention programs as provided under this Act.
than Twenty thousand pesos (P20,000.00) but not more than Fifty Those with suspended sentences and undergoing rehabilitation at
 21
Exempting Circumstances: RA9344
the youth rehabilitation center shall likewise be released, unless it is the offense for which they were convicted and are serving sentence,
contrary to the best interest of the child. shall likewise benefit from the retroactive application of this Act.
SEC. 65. Children Detained Pending Dial. - If the child is detained They shall be entitled to appropriate dispositions provided under this
pending trial, the Family Court shall also determine whether or not Act and their sentences shall be adjusted accordingly. They shall be
continued detention is necessary and, if not, determine appropriate immediately released if they are so qualified under this Act or other
alternatives for detention. applicable law.

If detention is necessary and he/she is detained with adults, the court

shall immediately order the transfer of the child to a youth detention TITLE IX
home. FINAL PROVISIONS

SEC. 66. Inventory of "Locked-up" and Detained Children in Conflict SEC. 69. Rule Making Power. - The JJWC shall issue the IRRs for the
with the Law. - The PNP, the BJMP and the BUCOR are hereby implementation of the provisions of this act within ninety (90) days
directed to submit to the JJWC, within ninety (90) days from the from the effectivity thereof.
effectivity of this Act, an inventory of all children in conflict with the
law under their custody. SEC. 70. Separability Clause. - If, for any reason, any section or
provision of this Act is declared unconstitutional or invalid by the
SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending Supreme Court, the other sections or provisions hereof not dfected
Diversion and Court Proceedings. - If a child reaches the age of by such declaration shall remain in force and effect.
eighteen (18) years pending diversion and court proceedings, the
appropriate diversion authority in consultation with the local social SEC. 71. Repealing Clause. - All existing laws, orders, decrees, rules
welfare and development officer or the Family Court in consultation and regulations or parts thereof inconsistent with the provisions of
with the Social Services and Counseling Division (SSCD) of the this Act are hereby repealed or modified accordingly.
Supreme Court, as the case may be, shall determine the appropriate
disposition. In case the appropriate court executes the judgment of SEC. 72. Effectivity. - This Act shall take effect after fifteen (15) days
conviction, and unless the child in conflict the law has already availed from its publication in at least two (2) national newspapers of general
of probation under Presidential Decree No. 603 or other similar laws, circulation.
the child may apply for probation if qualified under the provisions of
the Probation Law.
Approved,
SEC. 68. Children Who Have Been Convicted and are Serving
Sentence. - Persons who have been convicted and are serving FRANKLIN DRILON
sentence at the time of the effectivity of this Act, and who were President of the Senate
below the age of eighteen (18) years at the time the commission of
 22
Exempting Circumstances: RA9344
JOSE DE VENECIA JR.
Speaker of the House of Representatives
This Act which is a consolidation of Senate Bill No. 1402 and House
Bill No. 5065 was finally passed by the Senate and the House of
Representatives on March 22, 2006.

OSCAR G. YABES
Secretary of Senate

ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: April 28, 2006

GLORIA MACAPAGAL-ARROYO
President of the Philippines