Midterm - Juvenile Justice System

Chapter V
JUVENILE JUSTICE SYSTEM
MIDTERM COVERAGE
FIVE SUBTOPICS TO BE DISCUSSED
LEGAL FRAMEWORK
RA 9344 AND RESTORATIVE JUSTICE
RA NO. 10630
PROVISIONS OF RA NO. 9344 AS AMENDED BY RA
NO. 10630
THE CASE OF DORADO VS. PEOPLE

LEGAL FRAMEWORK
Under Section 3 (2), Article XV of the
1987 Constitution of the Republic of
the Philippines, the State shall
defend the right of children to
assistance, including proper care
and nutrition, and special
protection from all forms of neglect,
abuse, cruelty, exploitation, and
other conditions prejudicial to their
development.
LEGAL FRAMEWORK
As a State Party to the United Nations Convention
on the Rights of the Child, the Philippines
recognizes the right of every child alleged as,
accused of, adjudged, or recognized as having
infringed the penal law to be treated in a manner
consistent with the promotion of the child's sense of
dignity and worth, taking into account the child's
age and desirability of promoting his/her
reintegration
LEGAL FRAMEWORK
TAKE NOTE:
Although not legally binding, the following international
instruments were also adopted by the Philippines in the
administration of juvenile justice and welfare:
(1) United Nations Standard Minimum Rules for the

Administration Juvenile Justice (Beijing Rules),
(2) United Nations Guidelines for the Prevention of Juvenile
Delinquency (Riyadh Guidelines), and
(3) United Nations Rules for the Protection of Juveniles
Deprived of Liberty.
Republic Act No. 9344 is ("An Act Establishing.
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")
-which became effective on May 20, 2006

-promotes the creation of a child-friendly justice
system focused on rehabilitation and restoration
rather than punishment.
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,
rhaiaton, rentgraton and affercare to ensure
their normal growth and development.
RA No. 9344 declared as a policy that "The State shall
apply the principles of restorative justice in all its
laws, policies and programs applicable to children in
conflict with the law.”
Restorative Justice refers to a principle which requires

a process of resolving conflicts with the maximum
involvement of the victim, the offender and the
community. It seeks to obtain reparation for the victim;
reconciliation of the offender, the offended and the
community; and reassurance to the offender that he/she
can be reintegrated into society.
RA No. 9344 also upholds the basic
principle that a child must not be
treated as an adult as enshrined in
the United Nations Convention on
the Rights of the Child (which was
signed and ratified by the Philippines):
"The child. reason of his physical and
mental immaturity, needs special
safeguards and care, including
appropriate legal protection. before
as well as after birth."
(Sec. 1, RA 9344)
The law shall cover the different

stages involving children at risk (CAR)
and children in conflict with the law
(CICL) from prevention to
rehabilitation and reintegration. (Sec.
1, RA 9344)
RA NO. 10630
took effect on November 7, 2013
amended RA No. 9344 by

establishing a comprehensive
juvenile justice system,
strengthening the Juvenile Justice
and Welfare Council and placing it
under the administrative
supervision of the Department of
Social Welfare and Development.
RA NO. 10630
imposes the maximum period of the penalty prescribed by
law for the crime committed on any person who, in the
commission of a crime. makes use, takes advantage of,
or profits from the use of children, including any
person who abuses his/her authority over the child or
who, with abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce, threaten
or instigate the commission of the crime.
RA NO. 10630
imposes the maximum period of the penalty prescribed by
law for the crime committed on any person who, in the
commission of a crime. makes use, takes advantage of,
or profits from the use of children, including any
person who abuses his/her authority over the child or
who, with abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce, threaten
or instigate the commission of the crime.
PROVISIONS OF RA NO. 9344 AS AMENDED BY
RA NO. 10630
1. Declaration of State Policy
The following State policies shall be observed at all times:

(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.
It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs.
b) The State shall protect the best interests of the child
through measures that will ensure the observance of
international standards 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 participate
and to express himself/herself freely. The participation of
children in the program and policy formulation and
implementation related to juvenile justice and welfare shall
be ensured by the concerned government agency.
(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.
(d) Pursuant to Article 40 of the United Nations Convention on the
Rights of the Child, the State recognizes the right of every child
alleged as, accused of, adjudged. or recognized as having
intended the penal law to be treated in a manner consistent
with the promotion of the child‘s age and desirably of promoting
his/her reintegration. Whenever appropriate and desirable.
The state shall adopt measures for dealing with such children
without resorting to judicial proceedings. Providing that human
rights and legal safeguards are fully respected. It shall ensure that
children are dealt with in a manner appropriate to their well-being by
measures such as care, guidance and supervision orders, counseling,
probation, foster care, education and vocational training programs
and other alternatives to institutional care.
(e) 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.
(f) The State shall apply the principles of

restorative justice in all its laws, policies
and programs applicable to children in
conflict with the law. (Sec. 2)
RA NO. 10630
2. Liberal Construction of the Act
In case of doubt, the interpretation of any of the

provisions of the Act, including its implementing
rules and regulations (IRRs), shall be construed
liberally in favor of the child in conflict with the
law. (Sec. 3)
RA NO. 10630
3. Definition of Terms
(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 guarantee his/her
appearance before any court. Bail may be given in
the form of corporate security, property bond, cash
deposit, or recognizance.
(b) "Best Interest of the Child" refers to the totality of
the circumstances and conditions which are most
congenial to the survival, protection and feelings of
security of the child and most encouraging to the child's
physical. psychological and emotional development. It
also means the least detrimental available alternative
for safeguarding the growth and development of the
child.
(c) "Child" refers to a person under the age of eighteen

(18) years.
(d) "Child at Risk" (CAR) refers to a child who is
vulnerable to and at the risk of committing criminal
offenses because of personal, family and social
circumstances such as, but not limited to, the
following:
(1) being abused by any person through sexual,

physical, psychological, mental, economic or any
other means and the parents or guardian refuse, are
unwilling, or unable to provide protection for the
child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent
search and inquiry, the parent or guardian cannot be
found;
(4) coming from a dysfunctional or broken family or
without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality
or drug abuse; and
(9) living in situations of armed conflict.
(e) "Child in Conflict with the Law" (CICL) refers to a child who
is alleged as, accused of or adjudged as having committed an
offense under Philippine laws.
(f) "Community-based Programs" refers to the programs

provided in a community setting developed for purposes of
intervention and diversion, as well as rehabilitation of the child
in conflict with the law, for reintegration into his/her family
and/or community.
(g) "Court" refers to a family court or, in places where there are
no family courts, any regional trial court.
(h) "Deprivation of Liberty" refers to any form of detention
or imprisonment, or to the placement of a child in conflict
with the law in a public or private custodial setting. from
which the child in conflict with the law is not permitted to
leave at will by order of any judicial or administrative
authority.
(i) "Diversion" refers to an alternative, child-appropriate

process of determining the responsibility and treatment of a
child in conflict with the law on the basis of his/ her social.
cultural, economic, psychological and educational
background without resorting to formal court proceedings.
(i) "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.
(k) "Initial Contact With the Child" refers to the
apprehension or taking into custody of a child in conflict
with the law by law enforcement officers or private
citizens. It includes the time when the child alleged to be in
conflict with the law receives a subpoena under Section 3
(b) of Rule 112 of the Revised Rules of Criminal Procedure
or summons under Section 6 (a) or Section 9 (b) of the
same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the
child alleged to be in conflict with the law under immediate
custody.
(l) "Intervention" refers to a series of activities which are
designed to address issues that caused the child to commit
an offense. It may take the form of an individualized
treatment program which may include counseling, skills
training, education, and other activities that will enhance
his/her psychological, emotional and psycho-social well-
being.
(m) "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.
(n) "Law Enforcement Officer" refers to the

person in authority or his/her agent as
defined in Article 152 of the Revised Penal
Code, including a barangay tanod.
(o) "Offense" refers to any act or omission
whether punishable under special laws or
the Revised Penal Code, as amended.
(p) "Recognizance" refers to an undertaking

in lieu of a bond assumed by a parent or
custodian who shall be responsible for the
appearance in court of the child in conflict
with the law, when required.
(q) “Restorative Justice” refers to:
-a principle which requires a process of resolving

conflicts with the maximum involvement of the
victim, the offender and the community.
-obtain reparation for the victim; reconciliation of
the offender, the offended and the community; and
reassurance to the offender that he/she can be
reintegrated into society.
-enhances public safety by activating the offender,
the victim and the community in prevention
strategies.
(r) “Status Offenses” refers to offenses which discriminate
only against a child, while an adult does not suffer any
penalty for committing similar acts. These shall include
curfew violations; truancy, parental disobedience and the
like.
(s) “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.
(t) “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. Rehabilitation services are
provided under the guidance of a trained staff where
residents are cared for under a structured therapeutic
environment with the end view of reintegrating them into
their families and communities as socially functioning
individuals. Physical mobility of residents of said centers
may be restricted pending court disposition of the charges
against them.
(u) "Victimless Crimes" refers to offenses where there is no
private offended party. (Sec. 4)
A "victimless crime" is an illegal criminal act that only

involves participants who consent to the activity.
Drug use and drug possession, prostitution, and illegal
gambling are some examples of victimless crimes.
TAKE NOTE: The fact that no one was harmed against their
will is not generally a legal defense.
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE
JUSTICE AND WELFARE
A. RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW
Every child in conflict with the law shall have the following
rights, including but not limited to:
(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;
JUSTICE AND WELFARE
(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 period of time;
(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.
In particular, a child deprived of liberty shall be separated
from adult offenders at all times. No child shall be
detained together with adult offenders.
JUSTICE AND WELFARE
NOTE: He/She shall await
hearing of his/her own
case in a separate holding
area. A child in conflict
with the law shall have the
right to maintain contact
with his/her family
through correspondence
and visits, save in
exceptional circumstances;
JUSTICE AND WELFARE
(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;
(f) the right to bail and recognizance, in appropriate

cases;
(g) the right to testify as a witness in his/her own behalf

under the rule on examination of a child witness;
JUSTICE AND WELFARE
(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;
JUSTICE AND WELFARE
(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;
(l) 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;
JUSTICE AND WELFARE
(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. The State further adopts the
provisions of the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice or
"Beijing Rules", United Nations Guidelines for the
Prevention of Juvenile Delinquency or the "Riyadh
Guidelines, and the United Nations Rules for the
Protection of Juveniles Deprived of Liberty. (Sec. 5)
JUSTICE AND WELFARE
B. Minimum Age of Criminal Responsibility
15 YEARS OLD AND UNDER

at the time of the commission of the offense
exempt from criminal liability

child shall be subjected to an intervention program pursuant to
Section 20 of the Act.
ABOVE 15 YEARS OLD BUT BELOW 18 YEARS OLD
at the time of the commission of the offense
exempt from criminal liability
child shall be subjected to an intervention program,
unless he/she has acted with discernment, in which
case, such child shall be subjected to the appropriate
proceedings in accordance with the Act.
JUSTICE AND WELFARE
B. Minimum Age of Criminal Responsibility
TAKE NOTE:
A child is deemed to be fifteen (15) years of age on
the day of the fifteenth anniversary of his/her
birthdate.
The exemption from criminal liability herein
established does not include exemption from civil
liability, which shall be enforced in accordance
with existing laws. (Sec. 6)
JUSTICE AND WELFARE
C. 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 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 be
resolved in his/her favor.
JUSTICE AND WELFARE
C. DETERMINATION OF AGE
Any person contesting the age of the child in conflict with
the law prior to the filing of the information in any
appropriate court may file a case in a summary
proceeding for the determination of age before the Family
Court which shall decide the case within twenty-four (24)
hours from receipt of the appropriate pleadings of all
interested parties.
JUSTICE AND WELFARE
If a case has been fiied against the child in conflict
with the law and is pending in the appropriate court,
the person shall file a motion to determine the age
of the child in the same court where the case is
pending. Pending hearing on the said motion,
proceedings on the main case shall be suspended.
JUSTICE AND WELFARE
In all proceedings, law enforcement officers,

prosecutors, judges and other government officials
concerned shall exert all efforts at determining the
age of the child in conflict with the law.
JUVENILE JUSTICE AND WELFARE COUNCIL (JJWC)
A Juvenile Justice and Welfare Council (JJWC) is hereby created and
attached to the Department of Social Welfare and Development
and placed under its administrative supervision. The JJWC shall be
chaired by an Undersecretary of the Department of Social Welfare
and Development. It shall ensure the effective implementation of the
Act and coordination among the following agencies:
(a) Department of Justice (DOJ;

(b) Council for the Welfare of Children (CWC);
(c) Department of Education (DepED);
(d) Department of the Interior and Local Government (DILG);
(e) Public Attorney's Office (PAO);
(f) Bureau of Corrections (BUCOR);
(g) Parole and Probation Administration (PPA);
(h) National Bureau of Investigation (NBI);
(i) Philippine National Police (PNP);
(j) Bureau of Jail Management and Penology (BJMP);
(k) Commission on Human Rights (CHR);
(l) Technical Education and Skills Development Authority
(TESDA);
(m) National Youth Commission (NYC); and
(n) Other institutions focused on juvenile justice and
intervention programs.
The JJWC shall be composed of representatives, whose
ranks shall not be lower than director, to be designated by
the concerned heads of the following departments or
agencies and shall receive emoluments as may be
determined by the Council by existing budget and accounting
rules and regulations:
(1) Department of Justice (DOJ);
(2) Department of Social Welfare and Development (DSWD);
(3) Council for the Welfare of Children (CWC);
(4) Department of Education (DepED);
(5) Department of the Interior and Local Government (DILG);
(6) Commission on Human Rights (CHR);
(7) National Youth Commission (NYC);
(8) Two (2) representatives from NGOs, to be designated by
the Secretary of Social Welfare and Development, to be
selected based on the criteria established by the Council;
(9) Department of Health (DOH); and
(10) One (1) representative each from the League of
Provinces, League of Cities, League of Municipalities and
League of Barangays.
REGIONAL JUVENILE JUSTICE AND WELFARE COMMITEE
(RJJWC)
Each region shall have a Regional Juvenile Justice

and Welfare Committee (RJJWC). The RJJWCs will be
under the administration and supervision of the
JJWC. The director of the regional office of the DSWD
shall chair the RJJWC. It shall ensure the effective
implementation of this Act at the regional and LGU
levels and the coordination among its member
agencies.
(RJJWC)
The RJJWC will be composed of permanent

representatives who shall have a rank not lower
than an assistant regional director or its
equivalent to be designated by the concerned
department heads from the following agencies and
shall receive emoluments as may be determined by
the Council in accordance with existing-budget and
accounting rules and regulations:
(RJJWC)
(i) Department of Justice (DOJ);

(ii) Department of Social Welfare and Development
(DSWD);
(iii) Department of Education (DepED);
(iv) Department of the Interior and Local Government
(DILG);
(v) Commission on Human Rights (CHR);
(vi) Department of Health (DOH);
(RJJWC)
(vii) Two (2) representatives from NGOs operating

within the region selected by the RJJWC based on the
criteria established by the JJWC;
(viii) One (1) sectoral representative from the children
or youth sector within the region; and
(ix) One (1) representative from the League of
Provinces/ Cities/Municipalities/ Barangays of the
Philippines.
The JJWC shall convene within fifteen (15) days from the
effectivity of the Act. The Secretary of Social Welfare and
Development shall determine the organizational
structure and staffing pattern of the JJWC national
secretariat and the RJJWC secretariat.
In implementing the Act, the JJWC shall consult with the

various leagues of local government officials.
The JJWC shall coordinate with the

Office of the Court Administrator
and the Philippine Judicial Academy
to ensure the realization of its mandate
and the proper discharge of its duties
and functions, as herein provided. (Sec.
8)
DUTIES AND FUNCTIONS OF THE JJWC
The JJWC shall have the following duties and

functions:
(a) To oversee the implementation of this Act;
(b) To advise the President on all matters and policies
relating to juvenile justice and welfare;
(c) To assist the concerned agencies in the review and
redrafting of existing policies/regulations or in the
formulation of new ones in line with the provisions of the
Act;
(d) To periodically develop a comprehensive 3 to 5-year
national juvenile intervention program, with the
participation of government agencies concerned, NGOs and
youth organizations;
(e) To coordinate the implementation of the juvenile
intervention programs and activities by national
government agencies and other activities that may have an
important bearing on the success of the entire national
juvenile intervention program. All programs relating to
juvenile justice and welfare shall be adopted in
consultation with the JJWC;
(f) To consult with the various leagues of local government
officials in the formulation and recommendation of policies
and strategies for the prevention of juvenile delinquency and
the promotion of juvenile justice and welfare;
(g) To formulate and recommend policies and strategies in

consultation with children for the prevention of juvenile
delinquency and the administration of justice, as well as for
the treatment and rehabilitation of children in conflict with the
law;
(h) To collect relevant information and conduct continuing
research and support evaluations and studies on all
matters relating to juvenile justice and welfare, such as, but
not limited to:
(1) The performance and results achieved by juvenile
intervention programs and by activities of the local
government units and other government agencies;
(2) The periodic trends, problems and causes of juvenile
delinquency and crimes; and
(3) The particular needs of children in conflict with the law
in custody.
The data gathered shall be used by the JJWC in the
improvement of the administration of juvenile justice
and welfare system.
The JJWC shall submit an annual report to Congress on

the implementation of the provisions of the Act.
The JJWC shall set up a mechanism to ensure that

children are involved in research and policy development.
(i)Through duly designated persons and with the
assistance of the agencies provided in the preceding
section, to conduct regular inspections in detention
and rehabilitation facilities and to undertake spot
inspections on their own initiative in order to check
compliance with the standards provided herein and to
make the necessary recommendations to appropriate
agencies;
(j) To initiate and coordinate the conduct of trainings
for the personnel of the agencies involved in the
administration of the juvenile justice and welfare system
and the young intervention program;
(k) To submit an annual report to the President on the

implementation of the Act; and
(h) To perform such other functions as may be necessary

to implement the provisions of the Act. (Sec. 9)
DUTIES AND FUNCTIONS OF THE RJJWC
The RJJWC shall have the following duties and
functions:
(a) To oversee and ensure the effective implementation
of this Act at the regional level and at the level of the
LGUs;
(b) To assist the concerned agencies in the
implementation and in compliance with the JJWC's
adopted policies/ regulations or provide substantial inputs
to the JJWC in the formulation of new ones in line with the
provisions of the Act;
The RJJWC shall have the following duties and functions:
(c) To assist in the development of the comprehensive 3

to 5-year local juvenile intervention program, with the
participation of concerned LGUs, NGOs and youth
organizations within the region and monitor its
implementation;
(d) To coordinate the implementation of the juvenile
intervention programs and activities by national
government agencies and other activities within the region;
(e) To oversee the programs and operation of the

intensive juvenile intervention and support center
established within the region;
(f) To collect relevant regional information and conduct

continuing research and support evaluations and studies
on all matters relating to juvenile justice and welfare within
the region, such as, but not limited to:
(1) Performance and results achieved by juvenile intervention

programs and by activities of the LGUs and other government
agencies within the region;
(2) The periodic trends, problems and causes of juvenile
delinquency and crimes from the LGU level to the regional level;
and
(3) The particular needs of children in conflict with the law in
custody within their regional jurisdiction.
The data gathered shall be forwarded by the RJJWC to the JJWC on
an annual basis and as may be deemed necessary by the JJWC.
(g) Through duly designated persons and with the assistance

of the agencies provided in the preceding section, to conduct
regular inspections in detention and rehabilitation
facilities within the region and to undertake spot
inspections on their own initiative in order to check
compliance with the standards provided herein and to make
the necessary reports and recommendations to appropriate
agencies and to the JJWC;
(h) To initiate and coordinate the conduct of trainings for

the personnel of the agencies involved in the administration
of the juvenile justice and welfare system and the juvenile
intervention program within the region;
(i) To submit an annual report to the JJWC on the
implementation of the Act; and
(j) To perform such other functions as may be determined by
the JJWC to implement the provisions of this Act. (Sec. 9-A)
POLICIES AND PROCEDURES 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 the 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. (Sec. 10)
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 by the Constitution and
international instruments on human rights. The CHR shall
strengthen the monitoring of government compliance of
all treaty obligations, including the timely and regular
submission of reports before the treaty bodies, as well as the
implementation and dissemination of recommendations and
conclusions by government agencies as well as NGOs and
civil society. (Sec. 11)
PREVENTION OF JUVENILE DELINQUENCY
1. The Role of the Different Sectors
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 under the
procedures of the Act, a child in conflict
with the law shall be maintained in
his/her family. (Sec. 12)
The Educational System. Educational institutions shall

work together with families, community organizations,
and agencies in the prevention of juvenile delinquency
and the rehabilitation and reintegration of children in
conflict with the law. Schools shall provide adequate,
necessary, and individualized educational schemes for
children manifesting difficult behavior and conflict with
the law.
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.
Establishment and Strengthening of Local Councils for

the Protection of Children.
Local Councils for the Protection of Children (LCPC) shall be

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

responsible members of the community, including a
representative from the youth sector and 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
adoption of a comprehensive plan on delinquency
prevention, and to oversee its proper implementation.
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. (Sec. 16)
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. (Sec. 17)
7. COMPREHENSIVE JUVENILE INTERVENTION
PROGRAM
A. Development Comprehensive Juvenile Intervention
Program.
A comprehensive juvenile intervention program 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.
PROGRAM
The LGUs, in coordination with the LCPC, shall call on all sectors
concerned, particularly the child-focused institutions, NGOs,
people's organizations, educational institutions and government
agencies involved in delinquency prevention to participate in the
planning process and implementation of juvenile intervention
programs. Such programs shall be implemented consistent with
the national program formulated and designed by the JJWC.
PROGRAM
The implementation of the comprehensive juvenile
intervention program shall be reviewed and
assessed annually by the LGUs in coordination with
the LCPC. Results of the assessment shall be
submitted by the provincial and city governments
to the JJWC not later than March 30 of every year.
(Sec. 18)
PROGRAM
B. 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. These programs shall consist of three levels:
PROGRAM
(a) Primary intervention includes general measures to promote
social justice and equal opportunity, which tackle perceived root
causes 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. (Sec. 19)
8. TREATMENT OF CHILDREN BELOW THE AGE OF
CRIMINAL RESPONSIBILITY
A. Children Below the Age of Criminal Responsibility If it has been

determined that the child taken into custody is fifteen (15) years old or
below, the authority which will have an initial contact with the child, in
consultation with the local social welfare and development officer, 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. The
child shall be subjected to a community- based intervention program
supervised by the local social welfare and development officer, unless
the best interest of the child requires the referral of the child to a youth care
facility or "Bahay Pag-asa" managed by LGUs or licensed and/or accredited
NGOs monitored by the DSWD.
8. TREATMENT OF CHILDREN BELOW THE AGE
OF CRIMINAL RESPONSIBILITY
The local social welfare and development officer shall determine the
appropriate programs for the child who has been released, in consultation
with the child and the person having custody over the child. If the parents,
guardians or nearest relatives cannot be located, or if they refuse to
take Custody, the child may be released to any of the following:
(a) A duly registered nongovernmental or religious organization;

(b) A barangay official or a member of the Barangay Council for the
Protection of Children (BCPC);
(c) A local social welfare and development officer; or, when and
where appropriate, the DSWD.
B. Serious Crimes Committed by Children Who Are Exempt
From Criminal Responsibility
A child who is above twelve (12) years of age up to fifteen (15) years
of age and who commits parricide, murder, infanticide,
kidnapping and serious illegal detention where the victim is
killed or raped, robbery, with homicide or rape. destructive
arson, rape, or carnapping where the driver or occupant is
killed or raped or offenses under Republic Act No. 9165
(Comprehensive Dangerous Drugs Act of 2002)
punishable by more than twelve (12) years of

imprisonment, shall be deemed a neglected child
under Presidential Decree No. 603, as amended,
and shall be mandatorily placed in a special facility
within the youth care facility or "Bahay Pag- asa" called
the Intensive Juvenile Intervention and Support Center
(IJISC).
C. Repetition of Offenses
A child who is above twelve (12) years of age up to fifteen (15) years
of age and who commits an offense for the second time or
oftener: Provided. That the child was previously subjected to a
community-based intervention program, shall be deemed a
neglected child under Presidential Decree No. 603, as amended,
and shall undergo an intensive intervention program supervised by
the local social welfare and development officer:
Provided, further, That, if the best interest of the child requires
that he/she be placed in a youth care facility or "Bahay Pag-asa",
the child's parents or guardians shall execute a written
authorization for the voluntary commitment of the child:
Provided, finally, That if the child has no parents or guardians or if
they refuse or fail to execute the written authorization for voluntary
commitment, the proper petition for involuntary commitment
shall be immediately filed by the DSWD or the LSWDO
pursuant to Presidential Decree No. 603, as amended. (Sec. 20-B)
D. Exploitation of Children for Commission of Crimes
Any person who, in the commission of a crime, makes use, takes

advantage of, or profits from the use of children, including any
person who abuses his/her authority over the child or who,
with abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce, threaten or
instigate the commission of the crime, shall be imposed the
penalty prescribed by law for the crime committed in its maximum
period. (Sec. 20-C)
E. Joint Parental Responsibility
Based on the recommendation of the multi-disciplinary team of

the IJISC, the LSWDO or the DSWD, the court may require the
parents of a child in conflict with the law to undergo
counseling or any other intervention that, in the opinion of the
court, would advance the welfare and best interest of the child.
As used in the Act, "parents" shall mean any of the following:
(a) Biological parents of the child; or (b) Adoptive parents of
the child; or (c) Individuals who have custody of the child.
F. Assistance to Victims of Offenses Committed by Children
The victim of the offense committed by a child and the victim's

family shall be provided the appropriate assistance and
psychological intervention by the LSWDO, the DSWD and other
concerned agencies. (Sec. 20-E)
9. JUVENILE JUSTICE AND WELFARE SYSTEM
A. Initial Contact with the Child
1. 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 is 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 or
dialect understood by him/her;
(c) Properly identify himself/herself and present proper

identification to the child;
(d) Refrain from using vulgar or profane words and from

sexually harassing or abusing, or making sexual advances on
the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs

or other instruments of force or restraint, unless absolutely
necessary and only after all other methods of control have
been exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law
to greater restraint than is necessary for his/her
apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of
the Act;
(i) Immediately but not later than eight (8) hours after
apprehension, turn over custody of the child to the Social
Welfare and Development Office or other accredited NGOs,
and notify the child's apprehension.
(j) Take the child immediately to the proper medical and
health officer for a thorough physical and mental
examination. The examination results shall be kept confidential
unless otherwise ordered by the Family Court. Whenever the
medical treatment is required, steps shall be immediately
undertaken to provide the same;
(k) Ensure that should detention of the child in conflict with the
law be necessary, the child shall be secured in quarters separate
from that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were
used, and if so, the reason for such;
2. That the parents or guardian of a child, the DSWD, and the PAO
have been informed of the apprehension and the details thereof;
and 3. The exhaustion of measures to determine the age of a
child and the precise details of the physical and medical
examination or the failure to submit a child to such examination;
2. During Initial Investigation The law enforcement officer shall, in
his/her investigation, determine where the case involving the
child in conflict with the law should be referred.
(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 old, who acted without discernment; 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 following chapter. (Sec. 22)
10. DIVERSION
A. System of Diversion
Children in conflict with the law shall undergo diversion
programs without undergoing court proceedings subject to the
conditions herein provided:
10. DIVERSION
(a) Where the imposable penalty for the crime committed is not
more than six (6) years imprisonment, the law enforcement
officer or Punong Barangay with the assistance of the local social
welfare and development officer or other members of the LCPC
shall conduct mediation, family conferencing and conciliation
and, where appropriate, adopt indigenous modes of conflict
resolution in accordance with the best interest of the child with a
view to accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family
shall be present in these activities.
10. DIVERSION
(b) In victimless crimes where the imposable penalty is not more

than six (6) 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 the BCPC;
(c) Where the imposable penalty for the crime committed

exceeds six (6) years imprisonment, diversion measures may be
resorted to only by the court. (Sec. 23)
10. DIVERSION
B. 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 levels and phases of the proceedings including judicial level.
(Sec. 24)
C. Conferencing, Mediation and Conciliation A child in conflict
with law may undergo conferencing, mediation or conciliation
outside the criminal justice system or prior to his entry into said
system. A contract of diversion may be entered into during such
conferencing, mediation conciliation proceedings. (Sec. 25)
10. DIVERSION
D. Contract of Diversion
If during the conferencing, mediation or conciliation, the child
voluntarily admits the commission of the act, a diversion program
shall be developed when appropriate and desirable as
determined under Section 30. Such admission shall not be used
against the child in any subsequent judicial, quasi- judicial or
administrative proceedings.
10. DIVERSION
The diversion program shall be effective and binding if accepted
by the parties concerned. The acceptance shall be in writing and
signed by the parties concerned and the appropriate authorities.
The local social welfare and development officer shall supervise
the implementation of the diversion program. The diversion
proceedings shall be completed within forty-five (45) days. The
period of prescription of the offense shall be suspended until the
completion of the diversion proceedings but not to exceed forty-
five (45) days.
10. DIVERSION
The child shall present himself/herself to the competent
authorities that imposed the diversion program at least once a
month for reporting and evaluation of the effectiveness of the
program.
Failure to comply with the terms and conditions of the contract of

diversion, as certified by the local social welfare and development
officer, shall give the offended party the option to institute the
appropriate legal action.
10. DIVERSION
The period of prescription of the offense shall be suspended
during the effectivity of the diversion program, but not exceeding
a period of two (2) years, (Sec. 26)
E. Duty of the Punong Barangay When There Is No Diversion

If the offense does not fall under Section 23 (a) and (b), or if the
child, his/her parents or guardian does not consent to a
diversion, the Punong Barangay handling the case shall, within
three (3) days from determination of the absence of jurisdiction
over the case or termination of the diversion proceedings,
10. DIVERSION
as the case may be, forward the records of the case of the child to
the law enforcement officer, prosecutor or the appropriate court,
as the case may be. Upon the issuance of the corresponding
document, certifying to the fact that no agreement has been
reached by the parties, the case shall be filed according to the
regular process. (Sec. 27)
F. Duty of the Law Enforcement Officer When There is No

Diversion
10. DIVERSION
If the offense does not fall under Section 23 (a) and (b), or if the
child, his/her parents or guardian does not consent to a
diversion, the Women and Children Protection Desk of the PNP,
or other law enforcement officer handling the case of the child
under custody, to the prosecutor or judge concerned for the
conduct of inquest and/or preliminary investigation to determine
whether or not the child should remain under custody and
correspondingly charged in court. The document transmitting
said records shall display the word "CHILD" in bold letters. (Sec.
28)
10. DIVERSION
G. Factors in Determining Diversion Program
In determining whether diversion is appropriate and desirable,
the following factors shall be taken into consideration:
(a) The nature and circumstances of the offense charged,

(b) The frequency and the severity of the act,
(c) The circumstances of the child (age, maturity, intelligence, etc.)
(d) The influence of the family and environment on the growth of
the child;
10. DIVERSION
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child. (Sec. 29)
H. Formulation of the Diversion Program

In formulating a diversion program, the individual characteristics
and the peculiar circumstances of the child in conflict with the law
shall be used to formulate an individualized treatment.
10. DIVERSION
The following factors shall be considered in formulating a
diversion program for the child:
(a) The child's feelings of remorse for the offense he/she
committed:
(b) The parents or legal guardians' ability to guide and supervise
the child;
(c) The victim's view about the propriety of the measures to be
imposed, and
(d) The availability of community-based programs for
rehabilitation and reintegration of the child. (Sec. 30)
10. DIVERSION
Kinds of Diversion Programs
The diversion program shall include adequate socio- cultural and
psychological responses and services for the child. At the
different stages where diversion may be resorted to, the following
diversion programs may be agreed upon, such as, but not limited
to:
(A) At the level of the Punong Barangay:
(1) Restitution of property,
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages
10. DIVERSION
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child's
family;
(7) Attendance in trainings, seminars and lectures on:
(i) anger management skills; (ii) problem solving and/or conflict
resolution skills; (iii) values formation; and (iv) other skills which will
aid the child in dealing with situations which can lead to repetition
of the offense;
(8) Participation in available community-based programs, including
community service; or
10. DIVERSION
(9) Participation in education, vocation and life skills programs.
(B) At the level of the law enforcement officer and the

prosecutor:
(1) Diversion programs specified under paragraphs (a) (1) to (a)
(9) herein; and
(2) Confiscation and forfeiture of the proceeds or instruments
of the crime,
10. DIVERSION
(C) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs(a) and (b)
above;
(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody. (Sec. 31)
11. PROSECUTION
A. Duty of the Prosecutor's Office
There shall be a specially trained prosecutor to conduct inquest,
preliminary investigation 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 the law during arrest or
detention, it shall be the duty of the prosecutor to investigate
the same. (Sec. 32)
B. Preliminary Investigation and Filing of Information
The prosecutor shall conduct a preliminary investigation in the
following instances: (a) when the child in conflict with the law,
11. PROSECUTION
does not qualify 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 considering the assessment
and recommendation of the social worker, the prosecutor
determines that diversion is not appropriate for the child in
conflict with the law.
Upon serving the subpoena and the affidavit of complaint, the
prosecutor shall notify the Public Attorney's Office of such
service, as well as the personal information, and place of
detention of the child in conflict with the law.
11. PROSECUTION
Upon determination of probable cause by the prosecutor, the
information against the child shall be filed before the Family
Court within forty-five (45) days from the start of the
preliminary investigation. The information must allege that the
child acted with discernment. (Sec. 33)
12. COURT PROCEEDINGS
A. Bail
For purposes of recommending the amount of ball the
privileged mitigating circumstance of minority shall be
considered. (Sec 34)
B. Release on Recognizance
Where a child in detained, the court shall order:
(a) the release of the minor on recognizance to his/her parents
and other suitable person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/ youth
The court shall not order the detention of a child in a jail
pending trial or hearing of his/her case. (Sec. 35)
C. Detention of the Child Pending Trial

Children detained pending trial may be released on bail or
recognizance as provided for under Sections 34 and 35 under
the Act. In all other cases and whenever possible detention,
pending trial may be replaced by alternative measures, such as
close supervise, intensive care or placement with a family or
in an educational setting or home Institutionalization or
detention of the child pending trial shall be used only as a
measure of last resort and for the shortest possible period of
time.
Whenever detention is necessary, a child will always be

detained in youth detention homes established by local
governments, pursuant to Section 8 of the Family Courts Act, in
the city or municipality where the child resides.
In the absence of a youth detention home, the child in conflict
with the law may be committed to the care of the DSWD or local
rehabilitation center recognized by the government in the
province, city or municipality within the jurisdiction of the court.
The center of agency concerned shall be responsible for the
child's appearance in court whenever required. (Sec. 36)
D. Diversion Measures
Where the maximum penalty imposed by law for the offense
with which the child in conflict with the law is charged in
imprisonment of not more than twelve (12) years, regardless of
the fine or fine alone regardless of the amount, and before
arraignment of the child in conflict with the law, the the court
shall determine whether or not diversion is appropriate. (Sec.
37)
E. Automatic Suspension of Sentence
Once the child who is under eighteen (18) years of age at the
time of commission of the offense is found guilty of the offense
charged, the court shall determine and ascertain any civil
liability which may have resulted from the offense committed.
However, instead of pronouncing the judgment of conviction,
the court shall place the child in conflict with the law under
suspended sentence, without need of application: Provided,
however, That suspension of sentence shall still be applied even
if the juvenile is already eighteen years (18) of age or more at
the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various
circumstances of the child, the court shall impose the
appropriate disposition measures as provided in the Supreme
Court Rule on Juveniles in Conflict with the Law. (Sec. 38)
F. Discharge of the Child in Conflict with the Law
Upon the recommendation of the social worker who has
custody of the child, the court shall dismiss the case against the
child whose sentence has been suspended and against whom
disposition measures have been issued, and shall order the
final discharge of the child if it finds that the objective of the
disposition measures have been fulfilled.
The discharge of the child in conflict with the law, shall not
affect the civil liability resulting from the commission of the
offense, which shall be enforced in accordance with law. (Sec.
6. RETURN OF THE CHILD IN CONFLICT WITH THE LAW TO
COURT
If said child in conflict with the law has reached eighteen

(18) years of age while under suspended sentence, the court
shall determine whether to discharge the child in
accordance with the Act, to order execution of sentence, or
to extend the suspended sentence for a certain specified
period or until the child reaches the maximum age of
twenty-one (21) years (Sec. 40)
6. RETURN OF THE CHILD IN CONFLICT WITH THE LAW TO
COURT
H. Credit in Service of Sentence
The child in conflict with the law shall be credited in the services of
his/her sentence with the full time spent in actual commitment and
detention under the Act. (Sec. 41)
I. Probation as an Alternative to Imprisonment
The court may after it shall have convicted and sentenced a child in
conflict with the law, and upon application at any time, place the
child on probation in lieu of service of his/her sentence taking into
account the best interest of the child. For this purpose, Section 4 of
Presidential Decree No. 968, otherwise known as the "Probation
Law of 1976", is hereby amended accordingly. (Sec. 42)
13. CONFIDENTIALITY OF RECORDS AND PROCEEDINGS
A. Confidentiality of Records and Proceedings

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 concealment or misrepresentation by reason
of his/her failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made to him/her
for any purpose. (Sec. 43)
14. REHABILITATION AND REINTEGRATION
A. Objective of Rehabilitation and Reintegration

The objective of rehabilitation and reintegration of children
in conflict with the law is to provide them with
interventions, approaches and strategies that will enable
them to improve their social functioning with the end goal
of reintegration to their families and as productive
members of their communities. (Sec. 44)
B. Court Order Required

No child shall be received in any rehabilitation or training
facility without a valid order issued by the court after a
hearing for the purpose. The details of this order shall be
immediately entered in a register exclusively for children in
conflict with the law. No child shall be admitted in any
facility where there is no such register. (Sec, 45)
C. Separate Facilities from Adults

The rehabilitation, training or confinement area of children
in conflict with the law shall provide a home environment
where children in conflict with the law can be provided with
quality counseling and treatment, (Sec. 46)
D. Female Children
Female children in conflict with the law placed in an
institution shall be given special attention as to their
personal needs and problems. They shall be handled by
female doctors, correction officers and social workers, and
shall be accommodated separately from male children in
conflict with the law. (Sec. 47)
E. Gender-Sensitivity Training
No personnel of rehabilitation and training facilities shall
handle children in conflict with the law without having
undergone gender sensitivity training. (Sec. 48)
F. Establishment of "Bahay Pag-Asa"

Every "Bahay Pag-asa" will have a special facility called the IJISC. This
Center will be allocated for children in conflict with the law in
accordance with Sections 20, 20-A and 20-B hereof. These children will
be required to undergo a more intensive multi-disciplinary intervention
program. The JJWC in partnership with, but not limited to, the DSWD, the
DOH, the DepED and the DILG, will develop and set the standards for
the implementation of the multi-disciplinary intervention program of
the IJISC. Upon institutionalization of the IJISC program, the JJWC will
continue to monitor and provide technical assistance to the multi-
disciplinary teams operating the said centers. (Sec. 49)
G. Care and Maintenance of the Child in Conflict with

the Law
The LGUs expected expenditures on the local juvenile
Intervention program for children at risk and children in
conflict with the law shall be included in the LGUs annual
budget. Highly-urbanized cities and provincial governments
should include a separate budget for the construction and
maintenance of the "Bahay Pag-asa" including the operation
of the IJISC within the "Bahay Pag-asa. (Sec. 50)
H. Confinement of Convicted Children in Agricultural

Camps and other Training Facilities.
A child 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 regular penal institution, in an agricultural camp
and other training facilities that may be established, maintained,
supervised and controlled by the BUCOR, in coordination with the
DSWD. (Sec. 51)
I.Rehabilitation of Children in Conflict with the Law

A child 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 regular penal institution, in an agricultural
camp and other training facilities that may be established,
maintained, supervised and controlled by the BUCOR, in
coordination with the DSWD. (Sec. 51)
(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
J. 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. A
quarterly report shall be submitted by the center to the proper court on
the progress of the children in 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 disposition of the case. The DSWD shall establish youth rehabilitation
centers in each region of the country. (Sec. 53)
J. 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. A
quarterly report shall be submitted by the center to the proper court on
the progress of the children in 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 disposition of the case. The DSWD shall establish youth rehabilitation
centers in each region of the country. (Sec. 53)
K. 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. 54)
L. Criteria of Community-Based Programs

Every LGU shall establish community-based programs that will focus
on the rehabilitation and reintegration of the child. All programs
shall meet 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 child and his/her parents or legal guardians, and the
participation of the child- centered agencies whether public or
private. (Sec. 55)
M. After-Care Support Services for Children in Conflict

with the Law
Children in conflict with the law whose cases have been
dismissed by the proper court because of good behavior as per
recommendation of the DSWD social worker and/ or any
accredited NGO youth rehabilitation center shall be provided
after-care services by the local social welfare and development
officer for a period of at least six (6) months. The service includes
counseling and other community-based services designed to facilitate
social reintegration, prevent re- offending and make the children
productive members of the community. (Sec. 56)
15. GENERAL PROVISIONS
A. Exempting Provisions
1. Status Offenses
Any conduct not considered an offense or not
penalized if committed by an adult shall not be
considered an offense and shall not be punished if
committed by a child. (Sec. 57)
2. Violations of Local Ordinances
Ordinances enacted by local governments concerning juvenile status offenses such as, but not
limited to, curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking
laws, as well as light offenses and misdemeanors against public order or safety such as, but not
limited to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal
nuisance, vandalism, gambling, mendicancy, littering, public urination, and trespassing, shall be for
the protection of children. No penalty shall be imposed on children for said violations, and they
shall instead be brought to their residence or to any barangay official at the barangay hall to
be released to the custody of their parents. Appropriate intervention programs shall be
provided for in such ordinances. The child shall also be recorded as a "child at risk" and not as a
"child in conflict with the law". The ordinance shall also provide for intervention programs, such as
counseling, attendance in group activities for children, and for the parents, attendance in parenting
education seminars. (Sec. 57-A)
3. 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. 58)
4. Exemption from the Application of Death Penalty
The provisions of the Revised Penal Code, as amended, Republic
Act No. 9165, otherwise known as the Comprehensive Dangerous
Drugs Act of 2002, and other special laws notwithstanding, no
death penalty shall be imposed upon children in conflict with
the law. (Sec. 59)
PROHIBITED ACTS
A. Prohibition Against Labeling and Shaming
In the conduct of the proceedings beginning from the initial

contact with the child, the competent authorities must refrain
from branding or labeling children as young criminals, juvenile
delinquents, prostitutes or attaching to them in any manner any
other derogatory names. Likewise, no discriminatory remarks
and practices shall be allowed particularly with respect to the
child's class or ethnic origin. (Sec. 60)
B. OTHERS PROHIBITED ACTS
The following and any other similar acts shall be considered prejudicial and
detrimental to the psychological. emotional, social, spiritual, moral and physical
health and well-being of the child in conflict with the law and therefore. prohibited:
(a)Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as cursing, beating,
stripping, and solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving
the heads, pouring body of the child in conflict with the law, or forcing him her to walk
around the community wearing signs which embarrass, humiliate, and degrade his/her
personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under
any and all instances (Sec. 61)
PENAL PROVISION
A. Violation of the Provisions of the Act or Rules or Regulations in General
Any person who violates any provision of the Act or any rule or regulation
promulgated in accordance thereof shall. upon conviction for each act or
omission. be punished by a fine of not less than Twenty thousand pesos
(P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or suffer
imprisonment of not less than eight years but not more than ten (10) years, or
both such fine and imprisonment at the discretion of the court, unless a higher
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 to such fine and/or
imprisonment, be held administratively liable and shall suffer the penalty of
perpetual absolute disqualification. (Sec. 62)
APPROPRIATION PROVISION
A. Appropriations
The amount necessary to carry out the provisions of this Act shall be charged against the
current year's appropriations of the JJWC under the budget of the Department of Justice.
Sums as may be necessary for the continued implementation of this Act shall be included in
the budget of the DSWD under the annual General Appropriations Act: Provided, That the
amount of Four hundred million pesos (P400,000,000.00) shall be appropriated for the
construction of “Bahay Pag-asa” rehabilitation centers in provinces or cities with high
incidence of children in conflict with the law to be determined and identified by the DSWD
and the JJWC on a priority basis: Provided, further, That the said amount shall be coursed
through the Department of Public Works and Highways (DPWH) for its proper
implementation.
The LGUs concerned shall make available, from its own resources or assets, their counterpart
share equivalent to the national government contribution of Five million pesos
(P5,000,000.00) per rehabilitation center.
TRANSITORY PROVISIONS
A. Children in Conflict with the Law Fifteen (15) Years Old and Below
Upon effectivity of these 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. Such officer, upon thorough assessment
of the child. shall determine whether to release the child to the custody of
his/her parents, or refer the child to prevention programs as provided
under the Act. Those with suspended sentences and undergoing
rehabilitation at the youth rehabilitation center shall likewise be released,
unless it is contrary to the best interest of the child. (Sec. 64)
B. CHILDREN DETAINED PENDING TRIAL
If the child is detained pending trial, the Family Court shall also determine
whether or not continued detention is necessary and, if not, determine
appropriate alternatives for detention. 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 home. (Sec. 65)
C. Inventory of "Locked-up" and Detained Children in Conflict with the Law
The PNP, the BJMP and the BUCOR are hereby directed to submit to the JJWC.
within ninety (90) days from the effectivity of the Act, an inventory of all
children in conflict with the law under their custody. (Sec. 66)
D. CHILDREN WHO REACH THE AGE OF EIGHTEEN
(18) YEARS PENDING DIVERSION AND COURT
PROCEEDINGS.
If a child reaches the age of eighteen (18) years pending diversion and court
proceedings, the appropriate diversion authority in consultation with the local
social welfare and development officer or the Family Court in consultation with
the Social Services and Counseling Division (SSCD) of the Supreme Court, as
the case may be, shall determine the appropriate disposition. In case the
appropriate court executes the judgment of conviction, and unless the child in
conflict the law has already availed of probation under Presidential Decree No.
603 or other similar laws, the child may apply for probation if qualified under
the provisions of the Probation Law. (Sec. 67)
E. CHILDREN WHO HAVE BEEN CONVICTED AND
ARE SERVING SENTENCE
Persons who have been convicted and are serving sentence at the time
of the effectivity of the Act, and who were below the age of eighteen (18)
years at the time the commission of the offense for which they were
convicted and are serving sentence, shall likewise benefit from the
retroactive application of the Act. They shall be entitled to appropriate
dispositions provided under the Act and their sentences shall be
adjusted accordingly. They shall be immediately released if they are so
qualified under the Act or other applicable law. (Sec. 68)
FINAL PROVISIONS
A. Rule Making Power
The JJWC shall issue the IRRs for the implementation of the provisions of the
Act within ninety (90) days from the effectivity thereof.
V. The Case of Dorado v. People (G.R. No. 216671, October 3, 2016)
In this case, the Supreme Court granted the petition-and reversed and set
aside the judgment of conviction of Jerwin Dorado by reason of the exempting
circumstance of minority. The Court further referred Dorado to the loca social
welfare and development officer of the locality for the appropriate
intervention program.
Dorado was also ordered to pay the private complainant, Ronald Bonion, civil
indemnity in the amount of P30,000.00 and moral damages in the amount of
P30,000.00-with interest at the rate of 6% per annum from the date of
finality of judgment until fully paid.
The full Decision in this case follows (citations omitted and emphasis and
underscoring supplied).
This is a Petition for Review on Certiorari seeking to reverse and set aside the
August 8, 2014 Decision and the January 29, 2015 Resolution of the Court of
Appeals (CA) in CA-G.R. CR No. 33581, which affirmed the July 5, 2010
Decision of the Regional Trial Court, Taguig City, Branch 163 (RTC), in Criminal
Case No. 127784, finding accused Jerwin Dorado (Dorado) guilty of the crime
of Frustrated Murder.
THE ANTECEDENTS
Dorado, Julius Ramos (Ramos), Jeffrey Confessor (Confessor) and Jayson

Cabiaso (Cabiaso were charged with the crime of frustrated murder, defined
under Article 248 in relation to Article 6 of the Revised Penal Code
(RPC)committed against Ronald Bonion (Ronald) before the RTC. They were
also charged with violation of Section 10 (a) of Republic Act (R.A.) No. 7610,
or the Special Protection of Children Against Abuse, Exploitation and
Discrimination Act, committed against Raniel Parino (Raniel).
That on or about the 15th day of March 2004, in the Municipality of Taguig,
Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the
above-named accused, in conspiracy with one another and with Jerwin Dorado y
Felipe Ewing who is a 16 year old minor, and with two (2) unidentified
companions whose true identities and present whereabouts are still unknown,
with intent to kill by means of the qualifying circumstances of treachery and
evident premeditation, aggravated by the circumstances of nighttime and with
the use of an improvised shotgun (sumpak), a deadly weapon and unlicensed
firearm, did then and there willfully, unlawfully and feloniously attack, assault
and shoot with said deadly weapon, one Ronald Bonion y Bozar, thus performing
all the acts of execution which would have produced the crime of murder as a
consequence, but nevertheless, did not produce it by reason of causes
independent of the will of the accused, that is due to the timely and able medical
assistance rendered to said victim which prevented his death.
That on or about the 15th day of March 2004, in the Municipality of Taguig,
Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the
above-named accused, in conspiracy with one another and with Jeffrey
Confessor, Jayson Cabiaso, Jerwin Dorado y Felipe Ewing who is a 16 year old
minor, and with two (2) unidentified companions whose true identities and
present whereabouts are still unknown, did then and there wilfully, unlawfully
and feloniously commit acts of cruelty upon the person of complainant Raniel
Parino, a 15 year old minor by then and there hurling stones at the latter, which
act is prejudicial to the normal growth and development of said child.
On November 9, 2004, Dorado and his co-accused were arraigned and they all
pleaded "not guilty" to the charges. Thereafter, the trial ensued.
Evidence of the Prosecution
The prosecution presented the victims, Ronald, Ronald's brother, Robert Bonion
(Robert), Raniel Parino (Raniel) and Dr. Ronaldo Artes (Dr. Artes), as its
witnesses. Their combined testimonies tended to establish the following:
On April 15, 2004, at around 11:00 o'clock in the evening, Ronald was talking to
his friends Raniel, Delon Busar, Annan Luna, Jerome Amergo and a certain Erwin
(Ronald's group) along A. Reyes Street, Lower Bicutan, Taguig. At that very time,
Dorado, carrying a sumpak, and his friends, Confessor and Cabiaso (Dorado's
group), arrived and threw stones and bottles at Ronald's group.
Ronald's group scampered for shelter toward the talipapa and hid inside to avoid
being hit by the stones and bottles. When Ronald thought that Dorado's group
was no longer in the vicinity, they came out of hiding. Dorado's group, however,
was out there waiting for them.
When they finally surfaced, Dorado's group resumed throwing stones at
Ronald's group. During the commotion, Dorado fired his sumpak and hit Ronald
between the eyes. Ronald fell unconscious for about ten 10 minutes while
Dorado's group ran away. Thereafter, Ronald was brought to the Rizal Medical
Center by Raniel and Delon Busan. He sustained the following injuries:
Ruptured Globe, OU; SIP Excision of prolapsed Uvea + Repair of Corneal &
Scleral laceration, OD; S/P Enucleation & Evacuation of Foreign body's + Repair
of Lower lid margin laceration, Ronald was operated on his forehead and was
confined for a month at the Rizal Medical Center. As a result of the shooting
incident, Ronald lost his left eye while his right eye could only see some light.
Dr. Artes, the operating surgeon, testified that without medical intervention,
Ronald could have died.
Evidence of the Defense
The defense presented the accused Dorado and Ramos; Gloria Confessor
Jessie Confessor, the mother and brother of accused Confessor; Mark
Matuguina; Jeffrey Quijano; Aurin Reyes, and Ofelia Ramos (Ofelia) as its
witnesses, who collectively narrated the following:
On April 15, 2004, between 8:00 o’clock and 11:00 o’clock in the evening,
Dorado was at home watching television with his siblings and his mother,
Suddenly, the barangay tanods arrived and blamed him for the shooting of
Ronald. Dorado denied any participation in the incident and did not go with
the tanods. No sumpak was taken from his house.
The RTC Ruling
On July 5, 2010, the RTC rendered its decision. In Criminal

Case No. 127784, the trial court found Dorado guilty beyond
reasonable doubt of the crime of frustrated murder; while
in Criminal Case No. 127785, accused Dorado, Ramos,
Confessor and Cabiaso were all acquitted as the crime
was not proven beyond reasonable doubt. It noted that
their participation in the crime was limited to the throwing
of stones and bottles and there indication that they
singled out Ronald as their target.
THE RTC RULING
In Dorado guilty of frustrated murder, as defined under Article 248, in relation
to Article 6, paragraph 2, of the RPC, the RTC gave credence to the testimonies
of the prosecution witnesses that it was Dorado who shot Ronald with a
sumpak. The trial court considered the qualifying circumstance of evident
premeditation because of the following: Dorado's group had an ongoing feud
with Ronald's group; when the assault began, Dorado was already holding a
sumpak; after Ronald fled, Dorado waited intently for an opportunity to shoot
him; and when Ronald came out, Dorado shot him on the face. The RTC,
nevertheless, appreciated the privileged mitigating circumstance of minority
in Dorado's favor as he was still a minor at the time of the incident. It,
however, stated that Dorado was not entitled to a suspension of sentence
because he was above twenty-one (21) years old at the time of the
pronouncement of guilt. Thus, it disposed the case in this wise:
THE RTC RULING
In Criminal Case No. 127784, CICL Jerwin Dorado y Felipe is hereby
found GUILTY beyond reasonable doubt of the crime of Frustrated
Murder, defined and penalized under Article 248, in relation to Article 6,
2nd paragraph, 2nd phrase of the Revised Penal Code and, taking into
consideration the privileged mitigating circumstance of minority, is
sentenced to suffer the penalty of six (6) months and one (1) day of
prision correctional, as minimum, to eight (8) years of prision mayor, as
maximum, with all the effects thereof as provided by law. He is further
ordered to pay the victim Php50,000.00 as civil indemnity; Php50,000.00
by way of moral damages; and to pay the costs, at the legal rate of
interest from the time of the filing of the Information until fully paid.
Accused Julius Ramos y Labanero, Jeffrey Confessor and Jayson Cabiaso
are ACQUITTED on ground of reasonable doubt.
THE RTC RULING
In Criminal Case No. 127785, CICL Jerwin Dorado y Felipe, accused Julius Ramos y
Labanero, Jeffrey Confessor and Dorado argues that his defenses of alibi and
denial should be fully appreciated by Court as there was enough evidence to
support them; that he was at his home at the time of thre incident; that defense
witness Ofelia testified that he was not the one who shot Ronald and that the
barangay officials did not find the sumpak in his possession.
In its Comment, the Office of the Solicitor General (OSG) countered that Dorado
had the to kill when he fired the sumpak and hit Ronald between the eyes; that
the felony would have caused the death of the victim, were it not for the timely
medical intervention; and that Dorado's defenses of denial and alibi could not
overcome the positive identification by the prosecution witnesses.
In his Reply, Dorado reiterated that his defense was supported by Ofelia's
testimony that the CA a misapprehension of facts when it did not consider his
defenses.
THE RTC RULING
The Court's Ruling
The Court finds merit in the petition.
Dorado was a minor at the time of the commission of the crime

A perusal of the records will readily show that Dorado was a sixteen (16) year old minor
at the time of the commission of the crime on March 15, 2004. The Informations filed
against him consistently stated his minority. For said reason, he must benefit from the
provisions of R.A. No. 9344, or the Juvenile Justice and Welfare Act of 2006, as amended.
Even though the said law was enacted on April 28, 2006, the same must still be
retroactively applied for the benefit of Dorado pursuant to the well- entrenched
principle in criminal law-favorabilia sunt amplianda adiosa restrigenda (penal laws
which are favorable to the accused are given retroactive effect).
Curiously, neither the RTC nor the CA paid much attention to Dorado's minority and
how it affected his criminal responsibility. Thus, the Court deems it proper to lay down
the salient provisions of R.A. No. 9344 regarding the prosecution of a Child In Conflict
with the Law (CICL).
THE RTC RULING
One of the significant features of R.A. No. 9344 is the increase of the minimum age of
criminal responsibility, to wit:
SEC. 6. Minimum Age of Criminal Responsibility. 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 is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of
his/her birthdate.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted
with discernment, in which case, such child shall be subjected to the appropriate
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.
THE RTC RULING
Section 6 of R.A. No. 9344 provides that the following minors

shall be exempt from criminal liability:
Those below fifteen (15) years of age at the time of the
commission of the crime; and,
Those above fifteen (15) years but below eighteen (18) years of
age who acted without discernment.
Thus, if a child falls under the above- cited ages, he or she shall
be released and shall be subjected to an intervention program
as may be determined by a local social welfare and
development officer, pursuant to Section 20 of the said law.
THE RTC RULING
Consequently, under R.A. No. 9344. only a child above fifteen
(15) years but below eighteen (18) years of age who acted with
discernment shall not be exempted from criminal responsibility.
Nevertheless, the said child does not immediately proceed to
trial. Instead, he or she may undergo a diversion, which refers to
an alternative, child-appropriate process of determining the
responsibility and treatment of the CICL without resorting to
formal court proceedings. If the diversion is unsuccessful or if
the other other grounds pro provided by law are present, then
the CICL shall undergo the appropriate preliminary investigation
of his or her criminal case, and trial before the courts may
proceed.
THE RTC RULING
Once the CICL is found guilty of the offense charged, the court shall not
immediately execute its judgment; rather, it shall place the CICL under
suspended sentence. Notably. the suspension shall still be applied even if
the juvenile is already eighteen (18) years of age or more at the time of
the pronouncement of his or her guilt. During the suspension, the court
shall impose the appropriate disposition measures as provided in the
Supreme Court Rule on Juveniles in Conflict with the Law. If the disposition
measures are successful, then the court shall discharge the CICL.
Conversely, if unsuccessful, then the court has the following options: (1) to
discharge the child, (2) to order execution of sentence, or (3) to extend the
suspended sentence for a certain specified period or until the child
reaches the maximum age of twenty-one (21) years.
THE RTC RULING
R.A. No. 9344 provides that only those minors above fifteen (15) years but
below eighteen (18) years of age who acted with discernment shall not be
exempted from criminal responsibility.
During the deliberations for Senate Bill No. 1402, the following discussions
transpired:
Senator Pangilinan: xxx there is no criminal responsibility below 18 and

above 15, provided that it can be shown that the individual did not act with
discernment.
THE RTC RULING
The President: Can we have it again?
Senator Pimentel: Yes, Mr. President.
The President: Beyond 15 up to below...
Senator Pangilinan: Up to below 18, yes, Mr. President.
The President: Is there an exemption from criminal liability?
Senator Pangilinan: Provided that the individual did not act with discernment, Mr. President.
The President: So we are actually raising the age to 18?
Senator Pangilinan: Yes, Mr. President. However, if he is above 15 and below 18 and he
committed a criminal offense and it is shown that he acted with discernment, then he is
criminally liable.
The President: So that there is no presumption that if he committed a crime when he is 15
and above, that he has acted with discernment.
Senator Pangilinan: There is no presumption, Mr. President. It has to be shown that
discernment was in fact..
THE RTC RULING
Senator Pimentel: Which means, Mr. President, in actual law

practice, that the prosecutor is under obligation to establish
by competent evidence that this accused who is above 15 but
below 18 acted with discernment as a separate circumstance.
Based on the above-cited discussion, when a minor
above fifteen (15) but below eighteen (18) years old
is charged with a crime, it cannot be presumed that
he or she acted with discernment. During the trial,
the prosecution must specifically prove as a
separate circumstance that the CICL committed the
alleged crime with discernment.
For above 15 but below 18 years old at the
time of the commission of the alleged
offense, with pending case but released on
bail or on recognizance or under detention.
Trial may proceed for the prosecution to

prove discernment.
The basic reason behind the exempting circumstance
is complete absence of intelligence, freedom of action
of the offender which is an essential element of a
felony either by dolo or by culpa.
Intelligence is the power necessary to determine the

morality of human. On the other hand, discernment is
the mental capacity to understand the difference
between right and wrong.
For a minor at such an age to be criminally liable, the
prosecution is burdened to prove beyond reasonable
doubt, by direct or circumstantial evidence, that he acted
with discernment, meaning that he knew what he was doing
and that it was wrong.
If petitioner's argument is correct, then no minor between
the ages of 9 and 15 may be convicted of a quasi-offense
under Article 265 of the RPC.
On the contrary, the Solicitor General insists that
discernment and intent are two different concepts. We
agree with the Solicitor General's view; the two terms
should not be confused.
The discernment that constitutes an
exception to the exemption from
criminal liability of a minor under
fifteen years of age but over nine, who
commits an act prohibited by law, is
his mental capacity to understand the
difference between right and wrong.
Civil Liabilities
Pursuant to the recent case of People V. Jugueta, the crime of frustrated
homicide entails the following awards of damages: P 30, 000. 00 as civil
indemnity and P 30,000. 00 as moral damages. In addition, the damages
awarded shall earn legal interest at the rate of 6% per annum from date of
finality of the judgment until fully paid.
WHEREFORE, the petition is GRANTED. The judgement of conviction
of Jerwin Dorado is hereby REVERSED and SET ASIDE by reason of the
exempting circumstance of minority. He is hereby referred to the local social
welfare and development officer of the locality for the appropriate intervention
program.
He is also ordered to pay the private complainant, Ronald Bonion,
Civil indemnity in the amount of P 30,000.00 and moral damages in the
amount of P 30, 000. 00.
The amount of damages awarded shall have an interest at the rate of 6% per annum from
the date of finality of judgment until fully paid.
Let copies of this decision be furnished the two houses of Congress for their information
and guidance in future legislation regarding children in conflict with the laws.
Notes and Cases

The intent of RA NO. 9344 “ is to promote and protect the rights of a child in conflict with
the law or a child at risk by providing a system that would ensure that children are deal with in a
manner appropriate to their well- being through a variety of disposition measures such as care,
guidance and supervision and vocational training programs and other alternatives to
institutional care”
The law modifies as well the minimum age limit of criminal irresponsibility for minor
offenders “ under nine years of age” and “ above nine years of age and under fifteen” ( who
acted without discernment) - to “ fifteen years old or under” and “ above fifteen but below 18” (
who acted without discernement ) in the determining exemption from criminal responsibility.
In providing exception, the new law - as the old paragraphs 2 and
3, Article 12 of the RPC did - presumes that the minor offenders
completely lack the intelligence to distinguish right form wrong,
so that their acts are deemed involuntary ones for which they
cannot be accountable.
The current law also drew its changes from the principle of
restorative justice that it espouses; it considers the ages of 9 to
15 years as formative years and gives minors of these ages a
chance to right their wrong through diversion and intervention
measures.
Section 7, RA No. 9344, while a relatively new law ( having been passed only in 2006),
does not depart from the jurisprudence existing at that time on the evidence that may be
admitted as satisfactory proof of the accused’s minority and age.
While Section 38 of RA No. 9344 provides that suspensions of sentence can still be
applied even if the child in conflict with the law is already eighteen (18 ) years of age or
more at the time of the pronouncement of his/ her guilt, Section 40 of the same law limits the
said suspensions of sentence until the child reaches the maximum age of 21.
Section 38 of the law applies regardless of the imposable penalty, since RA No. 9344
does not distinguished between a minor who has been convicted of a capital offense and
another who has been convicted of a lesser offense.
The age of the Child in conflict with the law at the time of the promulgation of judgment
of conviction is immaterial. What matters is that the offender committed the offense when
he/ she was still of tender age. The promotion of the welfare of a child in conflict with the
law shall extend even to one who has exceeded the age limit of twenty one ( 21 ) years. so
long as she/ he committed the crime when he/ she was still a child.
The offender shall be entitled to the right to restoration, rehabilitation and reintegration in
order that he/she may be given the chance to live a normal life and become a productive
member of the community.
Appropriate disposition under Section 51 RA NO. 9344 extends even to one who has
exceeded the age limit of twenty- one (21) years, so long as he committed the crime when he
was still a child.
A review of the provisions of Republic Act of 9344 reveals, however, that imprisonment of
children in conflict with the law is by no means prohibited. While Section 5 of Republic Act No.
9344 bestows on children in conflict with the law the rights not to be unlawfully or arbitarily
deprived of their liberty, imprisonment as a proper disposition of a case is duly recognized,
subject to certain restrictions on the imposition of imprisonment, namely: (a) the detention or
imprisonment is a disposition of last resort, and (b) the detention or imprisonment shall be for
the shortest appropriate period of time
The court recognizes the mandate of Republic Act No. 9344 ( Juvenile Justice and
Welfare Act of 2006 ) to protect the best interest of the child in conflict with the law
through measures that will ensure the observance of international standards of child
protection, and to apply the principles of restorative justice in all laws, policies and
programs applicable to children in conflict with the law
Section 38 of RA No. 9344 provides that suspension of sentence can still be applied
even if the child in conflict with the laws is already eighteen (18 ) years of age or more
at the times of the pronouncement of his/ her guilt, Section 40 od the same law limits
the said suspension of sentence until the said child reaches the maximum age of 21.
To give meaning to the legislative intent of RA No. 9344, the promotion of the Welfare
of a child in conflict with the law should extend even to one who has exceeded the age
limit of 21 years, so long as he/she committed the crime when he/ she was still a child
A minor of 15 years and 11 months at the
time of the commission of the offense
charged is entitles to the quashal of the
information filed against him for being
exempt from criminal liability based on
RA No 9344
Mandatory Registry of Children In Conflict with the Law - All the duty- bearers,
including barangay/ BCPC workers, law enforcers, teachers, guidance counselors,
social workers and prosecutors who will receive report, handle or refer cases of
children in conflict with the law, shall ensure a faithful recordarion of all pertinent
information, such as age, residence, gender, crime committed or accused of and
the details of the interventions or diversion, as the case may be, under which they
will undergo or has undergone, of all children in conflict with the law to guarantee
the correct application of the provisions of the Act and other laws. The JJWC shall
lead in the establishment of a centralized information management system on
children in conflict with the law.
Thank
you!!

Midterm - Juvenile Justice System

Uploaded by

Copyright:

Available Formats

Midterm - Juvenile Justice System

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

Midterm - Juvenile Justice System

Uploaded by

Copyright:

Available Formats

Chapter V

JUVENILE JUSTICE SYSTEM

THE CASE OF DORADO VS. PEOPLE

(1) United Nations Standard Minimum Rules for the

-which became effective on May 20, 2006

Juvenile Justice and Welfare System:

-refers to a system dealing with children at risk

Restorative Justice refers to a principle which requires

The law shall cover the different

amended RA No. 9344 by

1. Declaration of State Policy

The following State policies shall be observed at all times:

(f) The State shall apply the principles of

In case of doubt, the interpretation of any of the

(a) "Bail" refers to the security given for the release

(c) "Child" refers to a person under the age of eighteen

(1) being abused by any person through sexual,

(f) "Community-based Programs" refers to the programs

(i) "Diversion" refers to an alternative, child-appropriate

(n) "Law Enforcement Officer" refers to the

(p) "Recognizance" refers to an undertaking

-a principle which requires a process of resolving

(s) “Youth Detention Home” refers to a 24-hour child-

A "victimless crime" is an illegal criminal act that only

(a) the right not to be subjected to torture or other cruel,

(b) the right not to be imposed a sentence of capital

(d) the right to be treated with humanity and respect, for

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

(g) the right to testify as a witness in his/her own behalf

(i) the right to diversion if he/she is qualified and

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

(l) in general, the right to automatic suspension of

(m) the right to probation as an alternative to

(o) other rights as provided for under existing laws,

15 YEARS OLD AND UNDER

exempt from criminal liability

In all proceedings, law enforcement officers,

(a) Department of Justice (DOJ;

Each region shall have a Regional Juvenile Justice

The RJJWC will be composed of permanent

(i) Department of Justice (DOJ);

(vii) Two (2) representatives from NGOs operating

In implementing the Act, the JJWC shall consult with the

The JJWC shall coordinate with the

The JJWC shall have the following duties and

(g) To formulate and recommend policies and strategies in

The JJWC shall submit an annual report to Congress on

The JJWC shall set up a mechanism to ensure that

(k) To submit an annual report to the President on the

(h) To perform such other functions as may be necessary

(c) To assist in the development of the comprehensive 3

(e) To oversee the programs and operation of the

(f) To collect relevant regional information and conduct

(1) Performance and results achieved by juvenile intervention

(g) Through duly designated persons and with the assistance

(h) To initiate and coordinate the conduct of trainings for

These policies and procedures shall be modified

The existing Child Rights Center of the Commission on

The Family. The family shall be