RA 9344 For Reporting

INTRODUCTION
While it is true that

children are protected
by various laws these
are not yet enough
due to their limited
provisions; if its not,
it is already
inapplicable today
that is why we need
to create more laws
to fulfill the gap.
Wednesday, March 25, 2

015
Jennifer P. Humiding, J.D.
Republic Act No. 9344

JUVENILE JUSTICE & WELFARE ACT
OF 2006
23 April 2006
The (Minimum) Age of Criminal

Responsibility Varies Across
Countries All Over the World

015
In the Philippines Prior to RA 9344 9 YEARS WAS THE (minimum) AGE

OF CRIMINAL RESPONSIBILITY
Under RA 9344, 15 YEARS IS NOW
THE (minimum) AGE OF
CRIMINAL RESPONSIBILITY.
015
Juvenile Justice & Welfare System

Prevention
Aftercare
Re-integration
Diversion
Rehabilitation
CHILDREN AT RISK (CAR)

CHILDREN IN CONFLICT WITH THE LAW
(CICL)
Wednesday, March 25,

2015
Coverage of the RA 9344
Prevention
Reintegration
Rehabilitation

2015
ALL STAGES
involving CAR &
CICL from
PREVENTION to
REHABILITATION &
REINTEGRATION
CHILD AT RISK (CAR)
Vulnerable to & at the risk of committing criminal offenses

because of personal, family & social circumstances
i.e. abused, exploited, abandoned, neglected; coming from a
dysfunctional family, being out of school, being a street child,
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

2015
CHILD IN CONFLICT WITH THE

LAW
A CHILD who is:
-
ALLEGED AS
ACCUSED OF
ADJUDGED AS
having committed an
OFFENSE
Under Philippine laws
2015
Declaration of State Policy
Youths role in
nation building
The Best Interest of
the Child Doctrine
Childrens Right to
Assistance
Article 40 of the UN
Convention on the
Rights of the Child

2015
Cultural & Religious

Sensitivity
Principle of
Restorative Justice
Principles in the Administration of

Juvenile Justice Welfare
Rights of the Child

in Conflict with the
Law (Sec. 5)
Minimum Age of
Criminal
Responsibility (Sec.
6)
Presumption of
Minority (Sec. 7)

2015
s
t
h
g
Ri

2015
L
C
I
C
e
h
t
of
Children Below Age of Criminal

Responsibility
15 Years of Age & BELOW

15-18 Years of Age who did not act with discernment
No exemption from Civil Liability which shall be borne by the

Parents
Child is released to parents but may undergo Intervention
Program supervised by LSWDO

2015
Structures in the Administration of

Juvenile Justice & Welfare
Department of Justice
JUVENILE JUSTICE & WELFARE COUNCIL
Council for the Welfare of Children
DepEd
DILG
PAO
BUCOR
Parole & Probation Administration
NBI
PNP
Bureau of Jail Management and Penology
Commission on Human Rights
TESDA
National Youth Commission
OTHER INSTITUTIONS FOCUSED ON JUVENILE JUSTICE

015
Composition of the Juvenile Justice

& Welfare Council
DOJ
2 NGOs
NYC
CWC
JUVENILE JUSTICE &

DepEd
WELFARE SYSTEM
DILG
CHR
DSWD

015
The Role of the Different Sectors

Sangguniang
Kabataan
The
Family
Local Social
Welfare & Development
Officers
Local Councils
for the
Protection
of Children

015
The Educational
System
Mass
Media
Comprehensive Juvenile
Intervention Program
Prevention at the LGU

level
Local Councils for the

Protection of Children
1% of IRA allocated for
LCPC
Appointment of LSWDO
to assist CICL
Local 3-year
comprehensive
intervention &
restorative program

015
Community-based
Programs on Juvenile
Justice & Welfare
Primary Intervention
Secondary Intervention
General Prevention
Measures
Early Intervention for
Children at Risk
Tertiary Intervention
Tertiary Diversion for

CICL
PROCEDURE:
INITIAL CONTACT WITH CHILD
NOTICE TO THE LSWDO, PAO, PARENTS, ETC.
DETERMINATION OF AGE
TURN-OVER of CHILD

015
Initial Contact with the Child:

Duties of the Law Enforcement
Officer
Explain to the child the offense & the
reasons for taking him into custody
Inform child of constitutional rights
Identify oneself &

Present ID to the child
Avoid using vulgar or profane words or
making sexual advances on the child

2015
Duties of the Law

Enforcement Officer
Do not display any firearm, weapon, handcuffs or other
instruments of force or restraint unless necessary
Do not subject the child to unnecessary restraint than
is necessary for his apprehension
Avoid violence or unnecessary force
Determine age of the Child

2015
Determination of Age
Presumption of Minority
Documentary Proofs
Information from Child
himself
Physical Appearance
Others
Doubt to be resolved in
favor of the Child

015
Duties of Law Enforcement

Officers
Turnover
overcustody
custodyof
ofthe
thechild
childwithin
within88hours
hoursafter
afterapprehension
apprehensionto
tothe
theLSWDO
LSWDO
Turn
orother
otheraccredited
accreditedNGOs
NGOs
or
Notify childs
childs parents,
parents, guardians
guardians and
and the
the PAO
PAO
Notify
LSWDOto
toexplain
explainto
tothe
thechilds
childsparents,
parents,
LSWDO
guardiansthe
theconsequences
consequencesof
ofthe
thechilds
childsact
act
guardians
Takethe
thechild
childfor
formedical,
medical,physical
physicaland
andmental
mentalexamination
examination
Take

2015
Duties of Law Enforcement

Officers
If detention is necessary, ensure that the CICL shall be
secured in quarters separate from that of the opposite sex & adult offenders
Record the ff: handcuffs; notification to parents,
guardians, relatives, DSWD, PAO; age of the child,
Details of medical or physical examination of child or refusal thereto
All statements must be signed by child and witnessed by childs

parents, guardians, social worker, legal counsel

2015
CICL shall only be searched by

a law enforcement officer of the
same gender.
CICL shall not be locked up in a

Detention Cell

015
Taking of Childs Statement
Must be conducted
in the presence of:
Childs Counsel
Or the PAO
Childs Parents, Guardians,
Nearest Relative
Local SWDO
Any member of an NGO, RO
or the BCPC

2015
TURN-OVER OF CUSTODY OF THE

CHILD IN ALL CASES WITHIN 8 HOURS
*Sec 25, IRR
To Whom Will the

Child be Released if
Parents, Guardians,
Nearest Relatives
Cannot be Located
or if they REFUSE to
take custody
NGO or RO
duly registered
Barangay Official
Or any BCPC member
Local SWDO
DSWD

2015
Procedure: Initial Investigation by

L.E.O.
Referral to the LSWDO for Determination
of Discernment
Final Report
2015
DISCERNMENT?
The mental capacity to understand

the difference between RIGHT &
WRONG and its consequences
Basis: 1. facts & circumstances
2. educational level of the
child
3. appearance, attitude,
behavior,
comportment
*Sec. 34, IRR

015
Duties During Initial Investigation
Determine where
the case should be
referred

2015
After Initial Investigation

FINAL REPORT
If the Child is 15 or Below
or Above 15 but below 18 who acted WITHOUT
DISCERNMENT
If the Child is above 15 but below 18

who acted WITH DISCERNMENT
INTERVENTION
DIVERSION

015
INTERVENTION
Counseling
Peer Counseling
Provision of support services to the
family
Referral to Other Agencies
Access to Child and Youth Organizations

015
Sec. 37, IRR, August 15, 2006
Petition for Involuntary

Commitment
If the child is found by the LSWDO to be

abandoned, neglected or abused by his parents
If parents will not comply with the Intervention
& Prevention Program

015
Diversion

015
What is Diversion?
An alternative, child-appropriate
process of determining responsibility
and treatment of a child in conflict
with the law on the basis of his/her
social, cultural, economic,
psychological or educational
background without resorting to
formal court proceedings. *Sec. 40, IRR

015
Diversion
Type of
Crime
Committed
1. Crimes
Punishable by
not more than 6
years
Imprisonment

015
Person
Responsible
Measures to
be Taken
Law
Enforcement
Officer/Punong
Barangay/
LSWDO
*Mediation
*Family
Conferencing
*Conciliation
*Indigenous Modes
of Dispute
Resolution
Diversion
Type of
Crime
Committed
Person
Responsible
Measures To
be Taken
2. Victimless Crimes
where imposable
penalty is not more
than 6 years
LSWDO
Meet with Child

and Parents to
Develop Diversion
Programs
3. Crimes where
penalty exceeds 6
years Imprisonment
but not more than 12
years
PROSECUTOR Diversion
& COURT
Measures

015
Victimless Crimes
Offenses where there are NO PRIVATE

OFFENDED PARTIES
i.e. Drunkenness, Violation of Ordinances, Illegal

Possession of Firearms

2015
Stages Where DIVERSION may be

Conducted

2015
Katarungang
Pambarangay
Police
Investigation/Inque
st/ Preliminary
Investigation
All Levels of the
Proceedings
including:
JUDICIAL LEVEL
Contract of Diversion
Conferencing
Mediation
Conciliation
Prior to entry to the

Criminal Justice
System

2015

2015
Child Voluntarily admits

the act during the
Conferencing,
Conciliation of Mediation
Proceedings
Such ADMISSION shall
NOT be used against the
Child in any subsequent
judicial, quasi-judicial or
administrative
proceedings
Effective & Binding if

Accepted by Parties
Concerned
Acceptance in Writing
and Signed by the
Parties concerned &
appropriate
Authorities

2015
SUPERVISED by the LSWDO

COMPLETED within 45 Days
Prescriptive Period Suspended until Completion of
DIVERSION PROCEEDINGS but not to exceed 45 Days
Child to Present Himself ONCE a Month for Reporting
and Evaluation of the effectiveness of Program

2015
Failure to Comply with the

Contract of Diversion Shall give
the Offended Party the OPTION
to institute Appropriate Legal
Action

015
The Period of Prescription of the

Offense shall be suspended
during the effectivity of the
DIVERSION PROGRAM but
NOT to EXCEED 2 Years
015
Duty of Punong Barangay When

There is No Diversion
Situation Contemplated
Duty of Punong Barangay
*Where the parents or

guardians do not consent
to Diversion
*Crimes where the
Imposable Penalty is
More than 6 Years
Imprisonment
Within 3 DAYS from

determination of lack of
jurisdiction, FORWARD
the records to the Law
Enforcement Officer, the
Prosecutor or the
Appropriate Court

015
Duty of the Law Enforcement Officer

When There is NO DIVERSION
Situation
Contemplated
*Parents or
Guardians do not
agree to a
Diversion
*Crime is
punishable by
more than 6
months
imprisonment

015
Actions to be Undertaken
*WCPD of the PNP shall forward the records to
the Prosecutor within 3 DAYS from
determination of absence of Jurisdiction
*Prosecutor shall conduct Preliminary
Investigation or Inquest to determine whether
the child shall remain under custody
*The document transmitting the records shall
display the word CHILD in bold letters
FACTORS IN DETERMINING
DIVERSION PROGRAM
Nature & Circumstances of

Offense
Frequency & Severity of the
Act
Circumstances of the Child
Family & Environmental
Influences on Childs Growth
Reparation of Injury to
Victim
Weight of Evidence Against
the Child
Community Safety
Best Interest of the Child

2015
Formulation of the Diversion

Program
Formulate an INDIVIDUALIZED TREATMENT

for the CHILD

2015
Factors to be Considered
1.
2.
Childs feelings of
remorse
Parents or legal
guardians ability
to guide and
supervise the child

015
3. Victims view about

the propriety of
the measures
imposed
4. Availability of
community-based
program for
rehabilitation &
reintegration
Kinds of Diversion Programs
At the Level of the

Punong Barangay
1.
2.
3.
4.
5.
6.
7.
8.
9.
Restitution
Reparation
Indemnification
Apology
Care, Guidance,
Supervision
Counseling
Attendance in Trainings,
Seminars and Lectures
Participation in
Community-based
programs
Education, Vocation & Life
Skills

015
At the Level of the

Law Enforcement
Officer and the
Prosecutor
1. Diversion Programs 1-9
2. Confiscation & forfeiture of
the proceeds of the Crime
At the Level of the

Court
1.
2.
3.
4.
5.
Diversion Programs 1-2 above

Reprimand or Citation
Fine
Payment of Cost
Institutional Care & Custody
Prosecution: Duty of the

Prosecutors Office
Specially-trained Prosecutor
To conduct inquest, preliminary investigation &

prosecution
To investigate allegations of torture or ill-treatment

2015
Prosecution: When to Conduct PI

2015
Offense has an
imposable penalty of
more than 6 yrs.
Child is not qualified for
Diversion
Parents & Guardians do
not agree to Diversion
Diversion is not
appropriate
Prosecution: Filing of Information
Service of Subpoena/Affidavit-Complaint
Notify the Public Attorneys Office
Determination of Probable Cause

Filing of Information before the Family Court
(Within 45 Days from the Start of the PI)

015
Court Proceedings
Determine whether or not DIVERSION

is appropriate BEFORE
ARRAIGNMENT

015
Court Proceedings
The Court shall not order the DETENTION of the

child in a jail pending trial or hearing of the case
(Sec. 35, RA 9344)

2015
Alternatives to Detention
Release on
Recognizance
Release on Bail
Transfer to a Youth
Detention Home or
Youth Home/
Rehabilitation Center or
Youth Center

2015
Detention Pending Trial:

Alternative Measures
Close Supervision
Intensive Care

2015
Family Placement
Educational Setting
Home
Institutionalization or
Detention Pending Trial
as a LAST RESORT &
for the SHORTEST
PERIOD OF TIME
Necessary Detention
Child to be detained in a YOUTH DETENTION HOME

established by the Local Government of the city or
municipality where the Child resides (Sec. 8, Family
Courts Act)

2015
IN THE ABSENCE OF A YOUTH

DETENTION HOME
DSWD
Local Rehabilitation
Center recognized by
the government &
within the jurisdiction
of the court

2015
Diversion Measures
at the Court Level: When
Determined
Offense
Maximum Penalty is
Imprisonment of 12
Years, regardless of the
FINE or FINE regardless
of Amount

2015
Stage of Trial
Before ARRAIGNMENT
of CICL
Automatic Suspension of Sentence

Child Found Guilty
(Below 18 at the time of Commission of Offense)
Court to Determine Civil Liability
No pronouncement of Judgment of Conviction
CICL to be placed under Suspended Sentence Without Need of Application
DISPOSITION MEASURES

2015
Discharge of CICL
Social Worker recommends Dismissal of the case against
the CICL under Suspended Sentence/ Disposition Measures
Court to Order FINAL DISCHARGE if the Objectives
Of the Disposition Measures have been achieved
Civil Liability to be Enforced in accordance with law

2015
Return of the CICL to the Court:

for EXECUTION OF JUDGMENT
Grounds:
1. Non-fulfillment of
Disposition
Measures
2. Willful Failure of
the CICL to comply
with Conditions of
the Disposition
Measures

015
CICL has reached 18

while under
Suspended Sentence:
Court to determine
whether to:
DISCHARGE the CICL

ORDER EXECUTION of
Sentence
EXTEND suspended
sentence for a
specified period or
until CICL reaches 21
CREDIT IN SERVICE OF
SENTENCE
The CICL shall be credited with the FULL

TIME spent in ACTUAL COMMITMENT &
DETENTION

2015
Probation: Alternative to
Imprisonment
Conviction/Sentence
Application for
Probation
Probation: Best Interest
of the CICL
Sec. 4, PD 968 (Probation Law of 1976) is

amended accordingly

2015
Confidentiality of Records
Exceptions:
Determination &
Availment of
Suspended Sentence
Qualification for
Probation
Measures to Ensure
Confidentiality

015
Non-disclosure to
Media
Separate Police
Blotter
Coding to Conceal
Material Information
leading to CICLs
identity
Records of the CICL shall not be

used in SUBSEQUENT
PROCEEDINGS for cases
involving the same offender as an
Except
:
when
BENEFICIAL
to
adult.
the Offender and upon his
WRITTEN CONSENT
Persons who have been in

conflict with the law as a
CHILD
Rehabilitation & Reintegration:

OBJECTIVE
Strategies
Interventions
Approaches
To improve Social Functioning

To reintegrate with Family
To become Productive Members of the
Community

2015

Court Order Required
Hearing
Details of the Court Order to be Entered in a
Registry exclusively for CICL
NO CICL shall be admitted in any facility where
there is no such REGISTER

2015

Separate Facilities from Adults
Exception: When they are members of the

SAME FAMILY
Nature of the rehabilitation or training or
confinement area: HOME ENVIRONMENT for
quality counseling and treatment

2015

Female CICL
Special Attention to their PERSONAL NEEDS and

PROBLEMS
Female Doctors, Correction Officers & Social
Workers
Separate Accommodation from the Males

2015

Gender Sensitivity Training
No personnel of rehabilitation & training

facilities shall handle CICL without having
undergone Gender Sensitivity Training

2015
Youth Detention Homes
Established by LGUs pursuant to the Family

Courts Act
May be established by Private Organizations &
NGOs accredited by the DSWD in consultation
with the JJWC

2015
Care & Maintenance of the CICL:

Who Bears the Cost?
Parents or those liable for Support of the

CICL
Municipality (where offense was committed*) 1/3

Province 1/3
National Government 1/3
Chartered Cities 2/3
IRA withheld to pay for unpaid portion
*If the CICL is not a resident of the municipality where

the offense was committed, the Court may require the
Municipality where the CICL resides to shoulder the
cost.
015
Confinement of Convicted Children in

Agricultural Camps & Other Training
Facilities
In lieu of regular Penal Institution

After Conviction
Established, maintained, supervised and
controlled by the BUCOR in coordination with
DSWD

2015
Rehabilitation of CICL
Any or a COMBINATION
of any of the Disposition
Measures provided for in
the SC Rules on
Juveniles in Conflict with
the Law
Community-based
Rehabilitation

015
Competency & Life

Skills Development
Socio-cultural &
Recreational Activities
Community Volunteer
Projects
Leadership Training
Social Services
Homelife Services
Spiritual Enrichment
Community & Family
Welfare Services
Community-based Programs:
Objectives
Prevent disruption in the

education or means of
livelihood
Prevent separation of
the child from parents,
guardians
Facilitate rehabilitation
& mainstreaming;
encourage community
support & involvement
Minimize stigma

2015
Criteria
of Community-based Programs
Focus on the
rehabilitation & reintegration of the child
Criteria to be established
by the JJWC
Purpose of the program

Need for the consent of
the
child/parents/guardians
Participation of Childcentered agencies, public
or private

2015
Youth Rehabilitation Center

2015
24-hour group care,

treatment and
rehabilitation services
Structured Therapeutic
Environment
Quarterly Progress
Report to the Court
Final Report for Final
Disposition
To be established in each
REGION by the DSWD
After-Care Support Services
Provided by the LSWDO

For a period of at least 6
Months
Includes:

2015
Counseling
Community-based services
designed to facilitate
social reintegration,
prevent re-offending &
make the children
productive members of the
community
Exempting Provisions
No liability for Status Offenses (curfew violations,

truancy, parental disobedience)
Offenses Not Applicable to Children
Vagrancy, Prostitution, Mendicancy, Sniffing of Rugby

(counseling & treatment instead)
No Death Penalty for Children

2015
Prohibited Acts
Branding or Labeling (juvenile

delinquent, prostitute)
Shaming discriminatory remarks &
practices (childs class or ethnic
origin)
Employment of threats
Employment of Abusive, Coercive &
Punitive Measures (cursing, beating,
stripping, solitary confinement)
Employment of Degrading, Inhuman
& Cruel Forms of Punishment
(shaving of hair, pouring irritating,
corrosive or harmful substances,
wearing signs that embarrass,
humiliate and degrade personality
& dignity
Compelling child to perform
involuntary servitude
2015
Penal Provisions

2015
Fine: PhP 20K 50K

Imprisonment: 8-10 Years
Or BOTH at the Discretion
of the Court
Unless a Higher Penalty is
prescribed by the RPC or
Special Laws
Public Officers Plus
Administrative Liability;
Perpetual Absolute
Disqualification
Transitory Provisions
Immediate Dismissal of Cases of CICL 15 & Below

CICL to referred to the LSWDO
Alternatives to Detention for Detained CICL
Inventory of Locked-up or Detained CICL
Children who Reach 18 Pending Diversion or Court Proceedings
Determine appropriate disposition
Apply for Probation if qualified
Convicted CICL / Serving Sentence
Benefit from retroactive application of the law

Appropriate Disposition/Adjustment of Sentence

015
CONCLUSION
save the children

015

015

RA 9344 For Reporting

Uploaded by

Copyright:

Available Formats

RA 9344 For Reporting

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

RA 9344 For Reporting

Uploaded by

Copyright:

Available Formats

INTRODUCTION

While it is true that

Wednesday, March 25, 2

Jennifer P. Humiding, J.D.

Republic Act No. 9344

The (Minimum) Age of Criminal

Wednesday, March 25, 2

In the Philippines Prior to RA 9344 9 YEARS WAS THE (minimum) AGE

Juvenile Justice & Welfare System

CHILDREN AT RISK (CAR)

Wednesday, March 25,

Coverage of the RA 9344

Wednesday, March 25,

CHILD AT RISK (CAR)

Vulnerable to & at the risk of committing criminal offenses

Wednesday, March 25,

CHILD IN CONFLICT WITH THE

Declaration of State Policy

Wednesday, March 25,

Cultural & Religious

Principles in the Administration of

Rights of the Child

Wednesday, March 25,

Wednesday, March 25,

Children Below Age of Criminal

15 Years of Age & BELOW

No exemption from Civil Liability which shall be borne by the

Wednesday, March 25,

Structures in the Administration of

JUVENILE JUSTICE & WELFARE COUNCIL

Council for the Welfare of Children

Parole & Probation Administration

Bureau of Jail Management and Penology

Commission on Human Rights

National Youth Commission

OTHER INSTITUTIONS FOCUSED ON JUVENILE JUSTICE

Wednesday, March 25, 2

Composition of the Juvenile Justice

JUVENILE JUSTICE &

Wednesday, March 25, 2

The Role of the Different Sectors

Wednesday, March 25, 2

Prevention at the LGU

Local Councils for the

Wednesday, March 25, 2

Tertiary Diversion for

NOTICE TO THE LSWDO, PAO, PARENTS, ETC.

Wednesday, March 25, 2

Initial Contact with the Child:

Identify oneself &

Wednesday, March 25,

Duties of the Law

Wednesday, March 25,

Wednesday, March 25, 2

Duties of Law Enforcement

Wednesday, March 25,

Duties of Law Enforcement

All statements must be signed by child and witnessed by childs