Republic Act No. 9344

REPUBLIC ACT
NO. 9344
JUVENILE JUSTICE AND WELFARE ACT OF
2006
NACION, AIRA FAITH N.

REPORTER
“AN ACT ESTABLISHING A COMPREHENSIVE
JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND WELFARE
COUNCIL UNDER THE DEPARTMENT OF
JUSTICE , APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES”
REPUBLIC ACT OF NO.9344

CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS
Section 1. Short Title and Scope.
- This Act shall be known as the "Juvenile

Justice and Welfare Act of 2006."
REPUBLIC ACT NO.9344

SECTION 2
DECLARATION OF STATE POLICY
(A) THE STATE RECOGNIZES THE VITAL ROLE OF

CHILDREN AND YOUTH IN NATION BUILDING AND SHALL
PROMOTE AND PROTECT THEIR PHYSICAL, MORAL,
SPIRITUAL, INTELLECTUAL AND SOCIAL WELL-BEING.
(B) PROCEEDINGS BEFORE ANY AUTHORITY SHALL BE

CONDUCTED IN THE BEST INTEREST OF THE CHILD AND
IN A MANNER WHICH ALLOWS THE CHILD TO PARTICIPATE
AND TO EXPRESS HIMSELF/HERSELF FREELY.

SECTION 2
(C) THE STATE LIKEWISE RECOGNIZES THE RIGHT OF

CHILDREN TO ASSISTANCE, INCLUDING PROPER CARE
AND NUTRITION, AND SPECIAL PROTECTION FROM ALL
FORMS OF NEGLECT, ABUSE, CRUELTY AND
EXPLOITATION, AND OTHER CONDITIONS PREJUDICIAL TO
THEIR DEVELOPMENT.

SECTION 2
(D) THE ADMINISTRATION OF THE JUVENILE JUSTICE AND

WELFARE SYSTEM SHALL TAKE INTO CONSIDERATION
THE CULTURAL AND RELIGIOUS PERSPECTIVES OF THE
FILIPINO PEOPLE, PARTICULARLY THE INDIGENOUS
PEOPLES AND THE MUSLIMS, CONSISTENT WITH THE
PROTECTION OF THE RIGHTS OF CHILDREN BELONGING
TO THESE COMMUNITIES.

Section 4:DEFINITION OF TERMS
● "Child at Risk" refers to a child who is vulnerable to and at the

risk of committing criminal offenses because of personal, family
and social circumstances.
● "Child in Conflict with the Law" refers to a child who is alleged as,
accused of, or adjudged as, having committed an offense under
Philippine laws.
● "Diversion Program" refers to the program that the child in

conflict with the law is required to undergo after he/she is found
responsible for an offense without resorting to formal court
proceedings.

● "Intervention" refers to a series of activities which are designed to

address issues that caused the child to commit an offense.
● "Juvenile Justice and Welfare System" refers to a system dealing

with children at risk and children in conflict with the law, which
provides child-appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, re-integration
and aftercare to ensure their normal growth and development.
● "Status Offenses" refers to offenses which discriminate only

against a child, while an adult does not suffer any penalty for
committing similar acts.

● "Youth Detention Home" refers to a 24-hour child-caring 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 law who
are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction.
● "Youth Rehabilitation Center" refers to a 24-hour residential care

facility managed by the Department of Social Welfare and
Development (DSWD), LGUs, licensed and/or accredited NGOs
monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law.

CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND
WELFARE
SECTION 5. RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW

SECTION 6. MINIMUM AGE OF CRIMINAL RESPONSIBILITY
SECTION 7. DETERMINE OF AGE
ANGELO BERMEJO
REPORTER

SECTION 5
RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW
(a) the right not to be subjected to torture or other cruel, inhuman or degrading
treatment or punishment
(b) the right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty, detention
or imprisonment being a disposition of last resort, and which shall be for the
shortest appropriate
(d) the right to be treated with humanity and respect, for the inherent dignity of the
person, and in a manner which takes into account the needs of a person of his/her
age.
(e) the right to prompt access to legal and other appropriate assistance, as well as
the right to challenge the legality of the deprivation of his/her liberty before a court
or other competent, independent and impartial authority, and to a prompt decision
on such action.

SECTION 5
(f) the right to bail and recognizance, in appropriate cases;

g) the right to testify as a witness in hid/her own behalf under the rule on
examination of a child witnesses;
(h) the right to have his/her privacy respected fully at all stages of the
proceedings.
(i) the right to diversion if he/she is qualified and voluntarily avails of 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 the needs of society are
all taken into consideration by the court, under the principle of restorative
justice,
k) the right to have restrictions on his/her personal liberty limited to the
minimum, and where discretion is given by law to the judge to determine
whether to impose fine or imprisonment, the imposition of fine being preferred
as the more appropriate penalty

SECTION 5
(i) in general, the right to automatic suspension of sentence,

(m) the right to probation as an alternative to imprisonment, if qualified
under the Probation Law
(n)the right to be free from liability for perjury, concealment or
misrepresentation; and
(o) other rights as provided for under existing laws, rules and
regulations.

A child fifteen (15) years of age or under at the
time of the commission of the offense shall be
exempt from criminal liability. However, the child
shall be subjected to an intervention program
pursuant to Section 20 of this Act.
A child above fifteen (15) years but below

eighteen (18) years of age shall likewise be
SECTION 6 exempt from criminal liability and be subjected

to an intervention program, unless he/she has
acted with discernment, in which case, such
MINIMUM AGE OF child shall be subjected to the appropriate
CRIMINAL RESPONSIBILITY proceedings in accordance with this Act.
The exemption from criminal liability herein

established does not include exemption from
civil liability, which shall be enforced in
accordance with existing laws.

SECTION 7
DETERMINATION OF AGE
The child in conflict with the law shall 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 (18) years old or older. The age
of a child may be determined from the child's birth certificate, baptismal
certificate or any other pertinent documents. In the absence of these
documents, age may be based on information from the child
himself/herself, testimonies of the other persons, the physical
appearance of the child and other relevant evidence.

STRUCTURES IN THE
ADMINISTRATION OF JUVENILE
JUSTICE AND WELFARE
SYSTEM
TITLE II
PREPARED BY: ARKIN SALLAO

It was created to oversee
JUVENILE the implementation of the
JUSTICE law. The Council shall be
WELFARE under its administrative
COUNCIL supervision but chaired by
the DSWD and the
SECTION 8
member shall come from
the DOJ and other
agencies mentioned
therein.
COMPOSITION OF JJWC
● Department of Justice (DOJ);
● Department of Education (DepEd);
● Department of the Interior and Local Government (DILG);
● Public Attorney’s Office (PAO);
● Bureau of Corrections (BUCOR);
● Parole and Probation Administration (PPA)
● National Bureau of Investigation (NBI);
● Philippine National Police (PNP);
● Bureau of Jail Management and Penology (BJMP);
● Commission on Human Rights (CHR);
● Technical Education and Skills Development Authority (TESDA);
● National Youth Commission (NYC)
SECTION 9
DUTIES AND FUNCTION OF THE JJWC
● To oversee the implementation

● To advise the President on all matters and policies relating to
juvenile justice and welfare;
● To coordinate the implementation of the juvenile intervention
programs activities by national government agencies and other
activities which may have an important bearing on the success of
the entire national juvenile intervention program.
● (Helps the Government to achieve it's goals in nurturing and
protecting the youth from risk)

SECTION 10
POLICIES ON JUVENILE JUSTICE AND WELFARE
● All government agencies enumerated in Section 8 shall, with

the assistance of the JJWC and within one (1) year from the
effectivity of this Act, draft policies and procedures
consistent with the standards set in the law. These policies
and procedures shall be modified accordingly in
consultation with the JJWC upon the completion of the
national juvenile intervention program as provided under
Section 9

SECTION 11
CHILD RIGHTS CENTER (CRC)
● The existing Child Rights Center of the Commission on Human

Rights shall ensure that the status, rights and interests of children
are upheld in accordance with the Constitution and international
instruments on human rights.

TITTLE III: PREVENTION OF JUVENILE DELINQUENCY
CHAPTER 1
THE ROLE OF THE
DIFFERENT SECTORS

PREPARED BY:
JAYRA SANCHEZ BAÑADERA
SECTION 12. THE FAMILY
●The family shall be responsible for the primary nurturing and

rearing of children which is critical in delinquency prevention.
●As far as practicable and in accordance with the procedures of

this act, a child in conflict with the law shall be maintained in
his/her family.

SECTION 13. THE EDUCATION
SYSTEM
● Educational institutions shall work together with families, community
organizations and agencies in the prevention of juvenile delinquency and
in the rehabilitation and reintegration of child in conflict with the law.
● Schools shall provide adequate necessary and individualized educational

schemes for children manifesting difficult behavior and children in
conflict with the law.
● In cases where children in conflict with the law are taken into custody or
detained in rehabilitation centers, they should be provided the
opportunity to continue learning under an alternative learning system
with basic literacy program or non-formal education accreditation
equivalency system.

SECTION 14. THE ROLE OF THE
MASS MEDIA
● The mass media shall play an active role in the promotion

of child rights, and delinquency prevention by relaying
consistent messages through a balanced approach.
● Media practitioners shall, therefore, have the duty to
maintain the highest critical and professional standards
in reporting and covering cases of children in conflict with
the law.
● In all publicity concerning children, the best interest of
the child should be the 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.

SECTION 15. ESTABLISHMENT AND STRENGTHENING OF
LOCAL COUNCILS FOR THE PROTECTION OF CHILDREN
● Local councils for the protection of children (LCPC) shall be

established in all levels of local government, and where they have
already been established, they shall be strengthened within one (1)
year from the effectivity of this act.
● Membership in the LCPC shall be chosen from among the

responsible members of the community, including a representative
from the youth sector, as well as representatives from government
and private agencies concerned with the welfare of children.
● The local council shall serve as the primary agency to coordinate with
and assist the LGU concerned for the adaption of a comprehensive
plan on delinquency prevention, and to oversee its proper
implementation.

SECTION 16. APPOINTMENT OF LOCAL SOCIAL
WELFARE AND DEVELOPMENT OFFICER
● All LGUs shall appoint a duly licensed social

worker as its local social welfare and
development officer tasked to assist
children in conflict with the law.

SECTION 17. THE SANGGUNIANG
KABATAAN
● The Sangguniang Kabataan (SK) shall

coordinate with the LCPC in the formulation
and implementation of juvenile intervention
and diversion programs in the community.

CHAPTER 2
COMPREHENSIVE JUVENILE
INTERVENTION PROGRAM
CHRISTIAN JETHRO ARIAS

REPORTER
The Comprehensive National Juvenile Intervention
Program is an interagency and multisectoral action
plan of the Philippine government of which goal is
to protect and promote the rights and welfare of
the country’s children at risk and children in
conflict with the law. It primarily aims to prevent
them from committing crimes and ensure that they
are rehabilitated and reintegrated into their
families and communities.
SECTION 18. Development of a Comprehensive
Juvenile Intervention Program
-A CJIP covering at least a 3-year period shall be instituted

in LGUs from the barangay to the provincial level. The
LGUs shall set aside an amount necessary to implement
their respective juvenile intervention programs in their
annual budget.
SECTION 19. Community-based
Programs on Juvenile Justice and Welfare
- Community-based programs on juvenile justice and

welfare shall be instituted by the LGUs through the
LCPC, school, youth organizations and other
concerned agencies. The LGUs shall provide
community-based services which respond to the
special needs, problems, interests and concerns of
children and which offer appropriate counseling and
guidance to them and their families.
SECTION 19. Community-based
Programs on Juvenile Justice and Welfare
(a) Primary intervention includes general measures to

promote social justice and equal opportunity, which tackle
perceived root cause of offending;
(b) Secondary intervention includes measures to assist

children at risk; and
(c) Tertiary intervention includes measures to avoid

unnecessary contact with the formal justice system and other
measures to prevent re-offending.
TITLE IV
TREATMENT OF CHILDREN BELOW
THE AGE OF CRIMINAL
RESPONSIBILITY
SECTION 20. Children Below the
Age of Criminal Responsibility
If it has been determined that the child taken into

custody is fifteen (15) years old and below, the
authority which will have an initial contact with
the child has the duty to immediately release the
child to the custody of his/her parents or
guardian, or in the absence thereof , the child’s
nearest relative.
If the parents, guardians or nearest relatives cannot be located, or
if they refused to take custody, the child may be released to any
of the following:
•a duly registered nongovernmental or religious organization

•a barangay official or a member of the Barangay Council for the
Protection of Children (BCPC)
•a local welfare and development officer

•or when and where appropriate, the DSWD
If the child referred to herein has been found by the
Local Social Welfare and Development Office to be
abandoned, neglected or abused by his parents, or in the
event that the parents will not comply with the
prevention program, the proper petition for involuntary
commitment shall be filed by the DSWD or the Local
Social Welfare and Development Office pursuant to
Presidential Decree No. 603 otherwise known as “The
Child and Youth Welfare Code”.
JUVENILE JUSTICE
AND WELFARE SYSTEM
TITLE V
REPORTER: CARMELA BADIOLA

CHAPTER I: INITIAL CONTACT WITH THE
CHILD
Section 21. PROCEDURE FOR TAKING THE CHILD INTO

CUSTODY
• From the moment a child is taken into custody, the law
enforcement officer shall:
(a) explain to the child in simple language and in a dialect that
he/she can understand why he/she being placed under custody and
the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the
child of his/her constitutional rights in a language understood by
him/her
(c) Properly identify himself/herself and present proper
identification to the child;
(e) Refrain from using vulgar or profane words and from or abusing,
or making sexual advances on the child with the law

Section 22. Duties During Initial Investigation
• The law enforcement officer shall in his/her
investigation, determine where the case involving the
child in conflict the law should be referred.
• The taking of the statement of the child shall be
conducted in the presence of the following:
1. Child’s counsel of choice or in the absence thereof,
a lawyer from PAO;
2. the child’s parents, guardian, or nearest relative
3. the local social welfare and development officer.
In the absence of the child’s parents, guardian, or
nearest relative

Section 23. System of Diversion
- Children in conflict with the law shall undergo diversion
programs without undergoing court proceedings
subject to the conditions herein involved:
(a) Where the imposable penalty for the crime
committee is not more than six years imprisonment
(b) in victimless crimes where the imposable
penalty is not more than six years imprisonment,
the local social welfare and development officer
shall meet with the child and his/her parents or
guardians for the development of the
appropriate diversion and rehabilitation
program, in coordination with BCPC.

Section 24. Stages Where Diversion
May be Conducted.
- Diversion may be conducted at the Katarungang

Pambarangay, the police investigation or the inquest
or preliminary investigation stage and at all 1 levels
and phases of the proceedings including level.

Section 26. Contrast of Diversion
- If during the conferencing, mediation or conciliation,

the child voluntary admits the commission of the act,
a diversion program shall be developed when
appropriate and desirable as determined under
Section 30. The acceptance shall be in writing and
signed by the parties concerned and the appropriate
authorities.

Section 31. Kinds of Diversion
Program
- The diversion program shall include adequate
sociocultural and psychological responses and
services for the child. The following diversion
programs may be agreed upon, such as, but not
limited to:
(a) At the level of the Punong Barangay
(b) Restitution property
(c) Reparation of the damaged caused

Section 31. Kinds of Diversion
Program
(d) Written or oral apology
(e) Counseling for the child in conflict with law and
child’s family
(f) Attendance in trainings, seminars and lectures
on
(g) Participation in available community-based
programs, including community service; or
(h) Participation in education, vocational and life
skills program

SEC. 52. Rehabilitation of Children in Conflict
with the Law.
Whose sentences are suspended may, upon

order of the court, undergo any or a
combination of disposition measures best
suited to the rehabilitation and welfare of the
child as provided in the Supreme Court Rule
on Juveniles in Conflict with the Law.

SEC. 52. Rehabilitation of Children in Conflict with the Law.
(1) Competency and life skills development;

(2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Homelife services;
(7) Health services; .
(8) Spiritual enrichment; and
(9) Community and family welfare services.

SEC. 53. Youth Rehabilitation Center.
The youth rehabilitation center shall provide 24-

hour group care, treatment and rehabilitation services
under the guidance of a trained staff where residents
are cared for under a structured therapeutic
environment with the end view of reintegrating them
in their families and communities as socially
functioning individuals
SEC. 54. Objectives of Community Based Programs.
The objectives of community-based programs are as follows:

(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
attending vocational learning institutions;
(b) Prevent separation of the child in conflict with the law from his/her
parents/guardians to maintain the support system fostered by their
relationship and to create greater awareness of their mutual and
reciprocal responsibilities;
(c) Facilitate the rehabilitation and mainstreaming of the child in
conflict with the law and encourage community support and
involvement; and
(d) Minimize the stigma that attaches to the child in conflict with the
law by preventing jail detention.
SEC. 58. Offenses Not Applicable to Children.
Persons below eighteen (18) years of age shall be exempt

from prosecution for the crime of vagrancy and prostitution
under Section 202 of the Revised Penal Code, of mendicancy
under Presidential Decree No. 1563, and sniffing of rugby
under Presidential Decree No. 1619, such prosecution being
inconsistent with the United Nations Convention on the Rights
of the Child: Provided, That said persons shall undergo
appropriate counseling and treatment program.

SEC. 64. Children in Conflict with the Law Fifteen (15) Years
Old and Below.
Upon effectivity of this Act, cases of children

fifteen (15) 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 appropriate local social welfare and
development officer.

Republic Act No. 9344

Uploaded by

Copyright:

Available Formats

Republic Act No. 9344

Uploaded by

Document Information

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

Republic Act No. 9344

Uploaded by

Copyright:

Available Formats

REPUBLIC ACT

NACION, AIRA FAITH N.

REPUBLIC ACT OF NO.9344

Section 1. Short Title and Scope.

- This Act shall be known as the "Juvenile

REPUBLIC ACT NO.9344

(A) THE STATE RECOGNIZES THE VITAL ROLE OF

(B) PROCEEDINGS BEFORE ANY AUTHORITY SHALL BE

REPUBLIC ACT NO.9344

(C) THE STATE LIKEWISE RECOGNIZES THE RIGHT OF

REPUBLIC ACT NO.9344

(D) THE ADMINISTRATION OF THE JUVENILE JUSTICE AND

REPUBLIC ACT NO.9344

● "Child at Risk" refers to a child who is vulnerable to and at the

● "Diversion Program" refers to the program that the child in

REPUBLIC ACT NO.9344

● "Intervention" refers to a series of activities which are designed to

● "Juvenile Justice and Welfare System" refers to a system dealing

● "Status Offenses" refers to offenses which discriminate only

REPUBLIC ACT NO.9344

● "Youth Detention Home" refers to a 24-hour child-caring institution

● "Youth Rehabilitation Center" refers to a 24-hour residential care

REPUBLIC ACT NO.9344

SECTION 5. RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW

REPUBLIC ACT NO.9344

REPUBLIC ACT NO.9344

(f) the right to bail and recognizance, in appropriate cases;

REPUBLIC ACT NO.9344

(i) in general, the right to automatic suspension of sentence,

REPUBLIC ACT NO.9344

A child above fifteen (15) years but below

SECTION 6 exempt from criminal liability and be subjected

The exemption from criminal liability herein

REPUBLIC ACT NO.9344

REPUBLIC ACT NO.9344

PREPARED BY: ARKIN SALLAO

● To oversee the implementation

REPUBLIC ACT NO.9344

● All government agencies enumerated in Section 8 shall, with

REPUBLIC ACT NO.9344

● The existing Child Rights Center of the Commission on Human

REPUBLIC ACT NO.9344

REPUBLIC ACT NO.9344

●The family shall be responsible for the primary nurturing and

●As far as practicable and in accordance with the procedures of

REPUBLIC ACT NO.9344

● Schools shall provide adequate necessary and individualized educational

REPUBLIC ACT NO.9344

● The mass media shall play an active role in the promotion

REPUBLIC ACT NO.9344

● Local councils for the protection of children (LCPC) shall be

● Membership in the LCPC shall be chosen from among the

REPUBLIC ACT NO.9344

● All LGUs shall appoint a duly licensed social

REPUBLIC ACT NO.9344

● The Sangguniang Kabataan (SK) shall

REPUBLIC ACT NO.9344

CHRISTIAN JETHRO ARIAS

-A CJIP covering at least a 3-year period shall be instituted