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Lesson 4.4.

6: Juvenile Justice and Welfare Act

Juvenile Justice and Welfare Act


of 2006
(RA 9344)

IOBC 1
Lesson 4.4.6: Juvenile Justice and Welfare Act

Lesson Goal:
This lesson aims to provide the
participants with knowledge on RA 9344, its
salient features and for them to learn how to
become sensitive in handling cases
involving children in conflict with the law.

IOBC 2
Lesson 4.4.6: Juvenile Justice and Welfare Act

Lesson Objectives:
After this lesson, the participants will be able
to;

• Define terms in relation to RA 9344.

• Enumerate the rights of the child in conflict


with the law.

• Explain the minimum age of criminal


responsibility.

• Enumerate the duties of authority which


have initial contact with a child below age of
criminal responsibility.
IOBC 3
Lesson 4.4.6: Juvenile Justice and Welfare Act

Lesson Objectives: (Cont.)


• Explain the procedure in taking a child into
custody.

• Enumerate the duties of law enforcement


officer during initial investigation.

• Explain the diversion program.

IOBC 4
Lesson 4.4.6: Juvenile Justice and Welfare Act

Scope of Presentation
• Background

• Definition of Terms

• Rights of the Child in Conflict with the


Law

• Minimum age of criminal responsibility

• Treatment of children below age of


criminal responsibility

IOBC 5
Lesson 4.4.6: Juvenile Justice and Welfare Act

Scope of Presentation (Cont.)


• Initial Contact with the child

• Duties during Initial Investigation

• Diversion

• Rehabilitation and Reintegration

• Offenses not applicable to children

• Prohibition against labeling and shaming

IOBC 6
Lesson 4.4.6: Juvenile Justice and Welfare Act

Background:
The State shall:

 Recognize the role of children and youth


in nation building.

 Promote and protect their (youth’s)


physical, moral, spiritual, intellectual and
social well-being.

IOBC 7
Lesson 4.4.6: Juvenile Justice and Welfare Act

Background: (Cont.)
 Protect the best interests of the child
through measures that will ensure the
observance of international standards of
child protection,

 Apply the principles of restorative justice in


all its laws, policies and programs
applicable to children in conflict with the law.

IOBC 8
Lesson 4.4.6: Juvenile Justice and Welfare Act

I. Definition of Terms:
 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.

IOBC 9
Lesson 4.4.6: Juvenile Justice and Welfare Act

Definition of Terms: (Cont.)


 Child at Risk
- refers to a child who is vulnerable to
and at the risk of committing criminal
offenses, such as, but not limited to,
the following:
 being abused by any person
through sexual, physical,
psychological, mental, economic or
any other means
 exploited sexually or economically
IOBC 10
Lesson 4.4.6: Juvenile Justice and Welfare Act

 Child at Risk: (Cont.)

 abandoned or neglected

 coming from a dysfunctional or broken


family or without a parent or guardian

 out of school

 street child

IOBC 11
Lesson 4.4.6: Juvenile Justice and Welfare Act

 Child at Risk: (Cont.)

 member of a gang

 living in a community with a high


level of criminality or drug abuse

 living in situations of armed conflict

IOBC 12
Lesson 4.4.6: Juvenile Justice and Welfare Act

Definition of Terms: (Cont.)


 Child in Conflict with the Law
(CICL)
A child who is alleged as, accused of,
or adjudged as, having committed an
offense.

 Deprivation of Liberty
Any form of detention or
imprisonment, or placement of a child in
conflict with the law in a custodial setting,
from which the child is not permitted to
leave.
IOBC 13
Lesson 4.4.6: Juvenile Justice and Welfare Act

Definition of Terms: (Cont.)


 Diversion
Refers to an alternative, child-
appropriate process of determining the
responsibility and treatment of a child in
conflict with the law.

 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.
IOBC 14
Lesson 4.4.6: Juvenile Justice and Welfare Act

Definition of Terms: (Cont.)


 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.

- includes the time when the child alleged to


be in conflict with the law receives a
subpoena or summons.

IOBC 15
Lesson 4.4.6: Juvenile Justice and Welfare Act

Definition of Terms: (Cont.)


 Intervention
Refers to a series of activities which are
designed to address issues that caused the
child to commit an offense.

IOBC 16
Lesson 4.4.6: Juvenile Justice and Welfare Act

Definition of Terms: (Cont.)


 Juvenile Justice and Welfare
System
A system dealing with children at risk
and CICL, which provides child-
appropriate proceedings, programs and
services for prevention, diversion,
rehabilitation to en, re-integration and
aftercare to ensure their normal growth
and development.

IOBC 17
Lesson 4.4.6: Juvenile Justice and Welfare Act

Definition of Terms: (Cont.)


 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.

IOBC 18
Lesson 4.4.6: Juvenile Justice and Welfare Act

Definition of Terms: (Cont.)


 Youth Detention Home
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 CICL who are awaiting court
disposition of their cases or transfer to
other agencies or jurisdiction.

IOBC 19
Lesson 4.4.6: Juvenile Justice and Welfare Act

Definition of Terms: (Cont.)


 Youth Rehabilitation Center
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.

IOBC 20
Lesson 4.4.6: Juvenile Justice and Welfare Act

II. RIGHTS OF THE CICL


A. Right not to be subjected to torture
or other cruel, inhuman or
degrading treatment or punishment.

B. Right not to be imposed a sentence


of capital punishment or life
imprisonment, without the
possibility of release.

IOBC 21
Lesson 4.4.6: Juvenile Justice and Welfare Act

RIGHTS OF THE CICL: (Cont.)


C. Right not to be deprived, unlawfully
or arbitrarily, of his/her liberty.

D. Right to be treated with humanity and


respect.

E. Right to prompt access to legal and


other appropriate assistance.

F. Right to bail and recognizance.

IOBC 22
Lesson 4.4.6: Juvenile Justice and Welfare Act

RIGHTS OF THE CICL: (Cont.)


G. Right to testify as a witness in
his/her own behalf.

H. Right to have his/her privacy


respected fully at all stages of the
proceedings.

I. Right to diversion if he/she is


qualified.

J. Right to be imposed a judgment in


proportion to the gravity of the
offense.
IOBC 23
Lesson 4.4.6: Juvenile Justice and Welfare Act

RIGHTS OF THE CICL: (Cont.)


K. Right to have restrictions on his/her
personal liberty limited to the
minimum.

L. Right to automatic suspension of


sentence.

M. Right to probation as an alternative


to imprisonment.

IOBC 24
Lesson 4.4.6: Juvenile Justice and Welfare Act

RIGHTS OF THE CICL: (Cont.)


N. Right to be free from liability for
perjury, concealment or
misrepresentation.

O. Other rights as provided for under


existing laws, rules and regulations.

IOBC 25
Lesson 4.4.6: Juvenile Justice and Welfare Act

III. CRIMINAL RESPONSIBILITY


A. Minimum Age of Criminal Responsibility
1. 15 years of age or under

 at the time of the commission of the


offense shall be exempt from criminal
liability.

 shall be subjected to an intervention


program

IOBC 26
Lesson 4.4.6: Juvenile Justice and Welfare Act

A. Minimum Age of Criminal Responsibility


(Cont.)
2. Above 15 years but below 18 years
of age

 be exempt from criminal liability

 be subjected to an intervention
program, unless he/she has acted
with discernment.

IOBC 27
Lesson 4.4.6: Juvenile Justice and Welfare Act

B.Considerations in Determination of Age

 CICL shall enjoy the presumption of minority.


 Shall enjoy all the rights of a CICL until he/she
is proven to be 18 years old or older.

 Age of a child may be determined from the


child's birth certificate, baptismal certificate or
any other pertinent documents.

IOBC 28
Lesson 4.4.6: Juvenile Justice and Welfare Act

Considerations in Determination of Age: (Cont.)


 In the absence of these documents, age
may be based on information from 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.

IOBC 29
Lesson 4.4.6: Juvenile Justice and Welfare Act

IV. TREATMENT OF CHILDREN BELOW THE


AGE OF CRIMINAL RESPONSIBILITY
A. Immediately release the child to the
custody of his/her parents or guardian, or
in the absence thereof, the child's nearest
relative.

B. Give notice to the LSWDO who will


determine the appropriate programs in
consultation with the child and to the
person having custody over the child.

IOBC 30
Lesson 4.4.6: Juvenile Justice and Welfare Act

TREATMENT OF CHILDREN BELOW THE AGE OF


CRIMINAL RESPONSIBILITY: (Cont.)

C. If parents, guardians or nearest relatives


cannot be located, or if refuse to take custody,
any of the following:

 Duly registered NGO or religious


organization;
 Barangay official;

IOBC 31
Lesson 4.4.6: Juvenile Justice and Welfare Act

C. If parents, guardians or nearest relatives


cannot be located, or if refuse to take custody,
any of the following: (Cont.)

 Local social welfare and development officer


(LSWDO); or the DSWD.
 If child has been found by LSWDO to be
abandoned, neglected or abused by his
parents, the proper petition for involuntary
commitment shall be filed by the DSWD or
LSWDO.

IOBC 32
Lesson 4.4.6: Juvenile Justice and Welfare Act

V. INITIAL CONTACT WITH THE CHILD


A. Procedure for Taking the Child into
Custody

1. 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;

IOBC 33
Lesson 4.4.6: Juvenile Justice and Welfare Act

Procedure for Taking the Child into


Custody: (Cont.)
2. 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;

3. Properly identify himself/herself and


present proper identification to the child;

IOBC 34
Lesson 4.4.6: Juvenile Justice and Welfare Act

Procedure for Taking the Child into


Custody: (Cont.)
4. 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;

5. Avoid displaying or using any firearm,


weapon, handcuffs or other instruments
of force or restraint, only after all other
methods of control have been exhausted
and have failed;

IOBC 35
Lesson 4.4.6: Juvenile Justice and Welfare Act

Procedure for Taking the Child into


Custody: (Cont.)
6. Refrain from subjecting the child in
conflict with the law to greater restraint
than is necessary for his/her
apprehension;

7. Avoid violence or unnecessary force;

IOBC 36
Lesson 4.4.6: Juvenile Justice and Welfare Act

Procedure for Taking the Child into


Custody: (Cont.)

8. Determine the age of the child;

9. 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;

IOBC 37
Lesson 4.4.6: Juvenile Justice and Welfare Act

Procedure for Taking the Child into


Custody: (Cont.)
10. Take the child immediately to the proper
medical and health officer for a thorough
physical and mental examination;

11. 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;

IOBC 38
Lesson 4.4.6: Juvenile Justice and Welfare Act

Procedure for Taking the Child into


Custody: (Cont.)
12. Record the following in the initial
investigation:
 Whether handcuffs or other instruments of
restraint were used;

 That the parents or guardian of a child, the


DSWD, and the PAO have been informed of
the apprehension; and

 The exhaustion of measures to determine the


age of a child and the precise details of the
physical and medical examination;

IOBC 39
Lesson 4.4.6: Juvenile Justice and Welfare Act

Procedure for Taking the Child into


Custody: (Cont.)

13. Ensure that all statements signed by


the child during investigation shall be
witnessed by the child's parents or
guardian, social worker, or legal
counsel in attendance who shall affix
his/her signature to the said statement.

IOBC 40
Lesson 4.4.6: Juvenile Justice and Welfare Act

INITIAL CONTACT WITH THE CHILD: (Cont.)

Note:
CICL shall only be searched by a law
enforcement officer of the same gender
and shall not be locked up in a
detention cell.

IOBC 41
Lesson 4.4.6: Juvenile Justice and Welfare Act

IOBC 42
Lesson 4.4.6: Juvenile Justice and Welfare Act

VI. DUTIES DURING INITIAL


INVESTIGATION
The taking of the statement of the child shall
be conducted in the presence of the following:

 Child's counsel of choice or in the


absence thereof, a lawyer from the PAO;

 Child's parents, guardian, or nearest


relative, as the case may be; and

 Local social welfare and development


officer.
IOBC 43
Lesson 4.4.6: Juvenile Justice and Welfare Act

VII. DIVERSION
A. System of Diversion
CICL shall undergo diversion programs
subject to the conditions herein provided:
1. Where the penalty for the crime is not
more than 6 years imprisonment,;
2. In victimless crimes where the penalty
is not more than 6 years imprisonment;
3. Where the penalty for the crime
committed exceeds 6 years
imprisonment.

IOBC 44
Lesson 4.4.6: Juvenile Justice and Welfare Act

B. Stages Where Diversion May be


Conducted

Diversion may be conducted at the:

• Katarungang Pambarangay;

• the police investigation;

• the inquest or preliminary investigation


stage;

• and at all levels and phases of the


proceedings including judicial level.

IOBC 45
Lesson 4.4.6: Juvenile Justice and Welfare Act

C. Conferencing, Mediation and Conciliation

- CICL 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 or conciliation
proceedings.

IOBC 46
Lesson 4.4.6: Juvenile Justice and Welfare Act

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.

- The diversion proceedings shall be


completed within 45 days.

IOBC 47
Lesson 4.4.6: Juvenile Justice and Welfare Act

D. Contract of Diversion (Cont.)

. During the diversion:


• The child shall present himself/herself to
the authorities once a month.

• Failure to comply with terms and


conditions of the contract of diversion,
shall give the offended party the option
to institute the appropriate legal action.

• The period of prescription of the offense


shall be suspended during the effectivity
of the diversion program.

IOBC 48
Lesson 4.4.6: Juvenile Justice and Welfare Act

E. Duty of the Law Enforcement Officer


When There is No Diversion

If the child, his/her parents or guardian


does not consent to a diversion, the WCPD,
or other law enforcement officer handling the
case of the child, shall turn-over to the
prosecutor or judge concerned for the
conduct of inquest and/or preliminary
investigation.

IOBC 49
Lesson 4.4.6: Juvenile Justice and Welfare Act

F. Factors in Determining Diversion


Program
1. The nature and circumstances of the offense
charged;
2. The frequency and the severity of the act;
3. The circumstances of the child (e.g. age,
maturity, intelligence, etc.);
4. The influence of the family and environment
on the growth of the child;
5. The reparation of injury to the victim;
6. The weight of the evidence against child; and
7. The safety of the community.
IOBC 50
Lesson 4.4.6: Juvenile Justice and Welfare Act

G. Kinds of Diversion Programs

1. Diversion programs:

 Restitution of property;
 Reparation of the damage caused;
 Indemnification for consequential damages;
 Written or oral apology;
 Care, guidance and supervision orders;
 Counseling for the child in conflict with the
law and the child's family;

IOBC 51
Lesson 4.4.6: Juvenile Justice and Welfare Act

G. Kinds of Diversion Programs (Cont.)

 Attendance in trainings, seminars and


lectures ;
 Participation in available community-based
programs, including community service; or
 Participation in education, vocation and life
skills programs

2. Confiscation and forfeiture of the proceeds or


instruments of the crime;

IOBC 52
Lesson 4.4.6: Juvenile Justice and
Welfare Act

Step I Settlement/
Forward records to
Diversion Proceedings Diversion
Prosecution for diversion
under Brgy/ LEO/LSWDO Activity
Accepted?

Step 3 Step 2 Settlement/


Monitoring and Supervision Implementation of Diversion
by the C/MSWDO Diversion Program Activity
Accepted?

CICL and family From Prosecutor For Preliminary


Complied with Investigation
contract?
From Brgy/ LEO/ LSWDO

Step 4
Case Terminated
IOBC 53
Lesson 4.4.6: Juvenile Justice and Welfare Act

H. Confidentiality of Records and Proceedings

- All records and proceedings involving CICL


from initial contact until final disposition of the case
shall be considered privileged and confidential.

- The public shall be excluded during the


proceedings and the records shall not be
disclosed directly or indirectly to anyone by any
of the parties or the participants in the proceedings.

IOBC 54
Lesson 4.4.6: Juvenile Justice and Welfare Act

VIII. REHABILITATION AND


REINTEGRATION
A. Objective of Rehabilitation and
Reintegration

The objective of rehabilitation and


reintegration of CICL 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.
IOBC 55
Lesson 4.4.6: Juvenile Justice and Welfare Act

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.

C. Separate Facilities from Adults


In all rehabilitation or training facilities, it
shall be mandatory that children shall be
separated from adults unless they are
members of the same family.

IOBC 56
Lesson 4.4.6: Juvenile Justice and Welfare Act

D. Female Children
Female CICL 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 accommodated separately from
male CICL.

E. Gender-Sensitivity Training
No personnel of rehabilitation and
training facilities shall handle CICL without
having undergone gender sensitivity training.

IOBC 57
Lesson 4.4.6: Juvenile Justice and Welfare Act

IX. OFFENSES NOT APPLICABLE TO


CHILDREN
 Exempted from prosecution for the crime of
vagrancy and prostitution.

 Provided, that said child/children shall undergo


appropriate counseling and treatment program.

IOBC 58
Lesson 4.4.6: Juvenile Justice and Welfare Act

X. PROHIBITION AGAINST
LABELING AND SHAMING
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.

IOBC 59
Lesson 4.4.6: Juvenile Justice and Welfare Act

A. Other Prohibited Acts

• Employment of threats of whatever kind and


nature;

• Employment of abusive, coercive and punitive


measures such as cursing, beating, stripping,
and solitary confinement;

IOBC 60
Lesson 4.4.6: Juvenile Justice and Welfare Act

A. Other Prohibited Acts (Cont.)

• Employment of degrading, inhuman end cruel


forms of punishment such as shaving the
heads, pouring irritating, and others which
embarrass, humiliate, and degrade his/her
personality and dignity; and

• Compelling the child to perform involuntary


servitude in any and all forms under any and
all instances.

IOBC 61
Lesson 4.4.6: Juvenile Justice and Welfare Act

B. Violation of the Provisions of this Act

Upon conviction for each act or omission,


be punished by:

 fine of P20,000.00 to P50,000.00,


 imprisonment of not less than 8 years
to 10 years,
 Both, at the discretion of the court,
unless a higher penalty is provided for
in the Revised Penal Code or special
laws.

IOBC 62
Lesson 4.4.6: Juvenile Justice and Welfare Act

QUESTIONS????

IOBC 63
Lesson 4.4.6: Juvenile Justice and Welfare Act

Summary
After this lesson, we were able to:

 Define terms in relation to RA 9344.

 Rights of the child in conflict with the law.

 Minimum age of criminal responsibility.

 Duties of authority which have initial


contact with a child below age of criminal
responsibility.

 Procedure in taking a child into custody.


IOBC 64
Lesson 4.4.6: Juvenile Justice and Welfare Act

Summary (Cont.)

 Duties of law enforcement officer during


initial investigation.

 Diversion program.

IOBC 65
Lesson 4.4.6: Juvenile Justice and Welfare Act

IOBC 66