RA 9344 for Reporting

INTRODUCTIONINTRODUCTION

While it is true that children are protected by various laws these are not yet enough due to their limited provisions; if it’s not, it is already inapplicable today that is why we need to create more laws to fulfill the gap.

Wednesday, April 19, 2023

Jennifer P. Humiding, J.D.

JUVENILE JUSTICE & WELFARE ACT JUVENILE JUSTICE & WELFARE ACT OF 2006OF 2006

23 April 200623 April 2006

Republic Act No. 9344Republic Act No. 9344

The (Minimum) Age of Criminal The (Minimum) Age of Criminal Responsibility Varies Across Responsibility Varies Across Countries All Over the WorldCountries All Over the World


In the PhilippinesIn the Philippines - -

Prior to RA 9344 -Prior to RA 9344 -9 YEARS9 YEARS WAS THE (minimum) AGE WAS THE (minimum) AGE OF CRIMINAL RESPONSIBILITYOF CRIMINAL RESPONSIBILITY

Under RA 9344, Under RA 9344, 15 YEARS15 YEARS IS NOW IS NOW THE (minimum) AGE OF THE (minimum) AGE OF CRIMINAL RESPONSIBILITY.CRIMINAL RESPONSIBILITY.


Juvenile Justice & Welfare SystemJuvenile Justice & Welfare SystemPrevention

Diversion

RehabilitationRe-integration

Aftercare

CHILDREN AT RISK (CAR)CHILDREN AT RISK (CAR) CHILDREN IN CONFLICT WITH THE LAWCHILDREN IN CONFLICT WITH THE LAW

(CICL)(CICL)


Coverage of the RA 9344Coverage of the RA 9344

Prevention

Rehabilitation

Reintegration ALL STAGES ALL STAGES involving CAR & involving CAR & CICL from CICL from PREVENTION to PREVENTION to REHABILITATION & REHABILITATION & REINTEGRATIONREINTEGRATION


CHILD AT RISK (CAR)CHILD AT RISK (CAR) Vulnerable to & at the risk of committing criminal offenses Vulnerable to & at the risk of committing criminal offenses

because of personal, family & social circumstances because of personal, family & social circumstances i.e. abused, exploited, abandoned, neglected; coming from a i.e. abused, exploited, abandoned, neglected; coming from a

dysfunctional family, being out of school, being a street child, dysfunctional family, being out of school, being a street child, being a member of a gang; living in a community with a high being a member of a gang; living in a community with a high level of criminality or drug abuse; living in situations of level of criminality or drug abuse; living in situations of armed conflictarmed conflict


CHILD IN CONFLICT WITH THE CHILD IN CONFLICT WITH THE LAWLAW

A CHILD who is:A CHILD who is:

- ALLEGED ASALLEGED AS- ACCUSED OFACCUSED OF- ADJUDGED ASADJUDGED AS

having committed anhaving committed anOFFENSE OFFENSE Under Philippine laws Under Philippine laws


Declaration of State PolicyDeclaration of State Policy

Youth’s role in Youth’s role in nation buildingnation building

The “Best Interest of The “Best Interest of the Child” Doctrinethe Child” Doctrine

Children’s Right to Children’s Right to AssistanceAssistance

Article 40 of the UN Article 40 of the UN Convention on the Convention on the Rights of the ChildRights of the Child


Cultural & Religious Cultural & Religious Sensitivity Sensitivity

Principle of Principle of Restorative JusticeRestorative Justice

Principles in the Administration of Principles in the Administration of Juvenile Justice WelfareJuvenile Justice Welfare

Rights of the Child Rights of the Child in Conflict with the in Conflict with the Law (Sec. 5)Law (Sec. 5)

Minimum Age of Minimum Age of Criminal Criminal Responsibility (Sec. Responsibility (Sec. 6)6)

Presumption of Presumption of Minority (Sec. 7)Minority (Sec. 7)



Rights of the CICL

Rights of the CICL

Children Below Age of Criminal Children Below Age of Criminal ResponsibilityResponsibility

15 Years of Age & BELOW15 Years of Age & BELOW 15-18 Years of Age who did not act with discernment15-18 Years of Age who did not act with discernment

No exemption from Civil Liability which shall be borne by the No exemption from Civil Liability which shall be borne by the ParentsParents

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


Structures in the Administration of Structures in the Administration of Juvenile Justice & WelfareJuvenile Justice & Welfare

Department of Justice

JUVENILE JUSTICE & WELFARE COUNCIL

Council for the Welfare of Children DepEd

DILG PAO

BUCOR Parole & Probation Administration

NBI PNP

Bureau of Jail Management and Penology Commission on Human Rights

TESDA National Youth Commission

OTHER INSTITUTIONS FOCUSED ON JUVENILE JUSTICE


Composition of the Juvenile Justice Composition of the Juvenile Justice & Welfare Council& Welfare Council

2 NGO’s

NYC

CHR

DSWD

DILG

DepEd

CWC

DOJ

JUVENILE JUSTICE & WELFARE SYSTEM


The Role of the Different SectorsThe Role of the Different Sectors

The Family

The Educational System

Mass Media

Local Councils for the

Protection of Children

Local Social Welfare & Development

Officers

Sangguniang Kabataan


Comprehensive Juvenile Comprehensive Juvenile Intervention ProgramIntervention Program

Prevention at the LGU Prevention at the LGU levellevel Local Councils for the Local Councils for the

Protection of ChildrenProtection of Children 1% of IRA allocated for 1% of IRA allocated for

LCPCLCPC Appointment of LSWDO Appointment of LSWDO

to assist CICLto assist CICL Local 3-year Local 3-year

comprehensive comprehensive intervention & intervention & restorative programrestorative program

Community-based Community-based Programs on Juvenile Programs on Juvenile Justice & WelfareJustice & Welfare Primary InterventionPrimary Intervention

General Prevention General Prevention MeasuresMeasures

Secondary Intervention Secondary Intervention Early Intervention for Early Intervention for

Children at RiskChildren at Risk Tertiary InterventionTertiary Intervention

Tertiary Diversion for Tertiary Diversion for CICLCICL


PROCEDURE:PROCEDURE:

INITIAL CONTACT WITH CHILD

NOTICE TO THE LSWDO, PAO, PARENTS, ETC.

DETERMINATION OF AGE

TURN-OVER of CHILD


Initial Contact with the Child:Initial Contact with the Child:Duties of the Law Enforcement Duties of the Law Enforcement

OfficerOfficer

Explain to the child the offense & the reasons for taking him into custody

Inform child of constitutional rights

Identify oneself &Present ID to the child

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


Duties of the Law Duties of the Law Enforcement OfficerEnforcement Officer

Do not display any firearm, weapon, handcuffs or other instruments of force or restraint unless necessary

Do not subject the child to unnecessary restraint than is necessary for his apprehension

Avoid violence or unnecessary force

Determine age of the Child


Determination of AgeDetermination of Age


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

Duties of Law Enforcement Duties of Law Enforcement OfficersOfficers

Turn over custody of the child within 8 hours after apprehension to the LSWDOor other accredited NGO’s

Turn over custody of the child within 8 hours after apprehension to the LSWDOor other accredited NGO’s

Notify child’s parents, guardians and the PAONotify child’s parents, guardians and the PAO

LSWDO to explain to the child’s parents, guardians the consequences of the child’s act

LSWDO to explain to the child’s parents, guardians the consequences of the child’s act

Take the child for medical, physical and mental examinationTake the child for medical, physical and mental examination


Duties of Law Enforcement Duties of Law Enforcement OfficersOfficers

If detention is necessary, ensure that the CICL shall be secured in quarters separate from that of the opposite sex & adult offenders

Record the ff: handcuffs; notification to parents, guardians, relatives, DSWD, PAO; age of the child,

Details of medical or physical examination of child or refusal thereto

All statements must be signed by child and witnessed by child’s parents, guardians, social worker, legal counsel


CICL shall only be searched by CICL shall only be searched by a law enforcement officer of the a law enforcement officer of the

same gender.same gender.

CICL shall not be locked up in a CICL shall not be locked up in a Detention CellDetention Cell


Taking of Child’s StatementTaking of Child’s Statement

Must be conducted Must be conducted in the presence of:in the presence of:

Child’s Counsel Or the PAO

Child’s Parents, Guardians, Nearest Relative

Local SWDO

Any member of an NGO, RO or the BCPC


TURN-OVER OF CUSTODY OF THE TURN-OVER OF CUSTODY OF THE CHILD IN ALL CASES WITHIN 8 HOURS CHILD IN ALL CASES WITHIN 8 HOURS

*Sec 25, IRR*Sec 25, IRR

To Whom Will the To Whom Will the Child be Released if Child be Released if Parents, Guardians, Parents, Guardians, Nearest Relatives Nearest Relatives Cannot be Located Cannot be Located or if they REFUSE to or if they REFUSE to take custodytake custody

NGO or ROduly registered

Barangay OfficialOr any BCPC member

Local SWDO

DSWD


Procedure: Initial Investigation by Procedure: Initial Investigation by L.E.O.L.E.O.

Referral to the LSWDO for Determination of Discernment

Final Report


DISCERNMENT?DISCERNMENT?

The mental capacity to understand The mental capacity to understand the difference between RIGHT & the difference between RIGHT & WRONG and its consequencesWRONG and its consequences

Basis: Basis: 1. facts & circumstances1. facts & circumstances2. educational level of the 2. educational level of the

childchild3. appearance, attitude, 3. appearance, attitude,

behavior, behavior, comportment comportment *Sec. 34, IRR*Sec. 34, IRR


Duties During Initial InvestigationDuties During Initial Investigation

Determine where Determine where the case should be the case should be referredreferred


After Initial InvestigationAfter Initial Investigation

FINAL REPORT

•If the Child is 15 or Below •or Above 15 but below 18 who acted WITHOUT

DISCERNMENT

If the Child is above 15 but below 18who acted WITH DISCERNMENT

INTERVENTION DIVERSION


INTERVENTIONINTERVENTION

CounselingCounseling Peer CounselingPeer Counseling Provision of support services to the Provision of support services to the

familyfamily Referral to Other AgenciesReferral to Other Agencies Access to Child and Youth OrganizationsAccess to Child and Youth Organizations

Sec. 37, IRR, August 15, 2006Sec. 37, IRR, August 15, 2006


Petition for Involuntary Petition for Involuntary CommitmentCommitment

If the child is found by the LSWDO to be If the child is found by the LSWDO to be abandoned, neglected or abused by his abandoned, neglected or abused by his parentsparents

If parents will not comply with the Intervention If parents will not comply with the Intervention & Prevention Program& Prevention Program


DiversionDiversion


What is Diversion?What is Diversion?

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


DiversionDiversion

Type of Crime Committed

Person Responsible

Measures to be Taken

1. Crimes Punishable by not more than 6 years Imprisonment

Law Enforcement Officer/Punong Barangay/

LSWDO

*Mediation

*Family Conferencing

*Conciliation

*Indigenous Modes of Dispute Resolution


DiversionDiversion

Type of Crime Committed

Person Responsible

Measures To be Taken

2. Victimless Crimes where imposable penalty is not more than 6 years

LSWDO Meet with Child and Parents to Develop Diversion Programs

3. Crimes where penalty exceeds 6 years Imprisonment but not more than 12 years

PROSECUTOR & COURT

Diversion Measures


Victimless CrimesVictimless Crimes

Offenses where there are NO PRIVATE Offenses where there are NO PRIVATE OFFENDED PARTIESOFFENDED PARTIES i.e. Drunkenness, Violation of Ordinances, Illegal i.e. Drunkenness, Violation of Ordinances, Illegal

Possession of FirearmsPossession of Firearms


Stages Where DIVERSION may be Stages Where DIVERSION may be ConductedConducted

Katarungang Katarungang PambarangayPambarangay

Police Police Investigation/InqueInvestigation/Inquest/ Preliminary st/ Preliminary InvestigationInvestigation

All Levels of the All Levels of the Proceedings Proceedings including:including:

JUDICIAL LEVELJUDICIAL LEVEL


Contract of DiversionContract of Diversion

ConferencingConferencing Mediation Mediation ConciliationConciliation

Prior to entry to the Prior to entry to the Criminal Justice Criminal Justice SystemSystem


Contract of Diversion…Contract of Diversion…

Child Voluntarily admits Child Voluntarily admits the act during the the act during the Conferencing, Conferencing, Conciliation of Mediation Conciliation of Mediation Proceedings Proceedings

Such ADMISSION shall Such ADMISSION shall NOT be used against the NOT be used against the Child in any subsequent Child in any subsequent judicial, quasi-judicial or judicial, quasi-judicial or administrative administrative proceedingsproceedings



Effective & Binding if Effective & Binding if Accepted by Parties Accepted by Parties ConcernedConcerned

Acceptance in Acceptance in Writing and Signed Writing and Signed by the Parties by the Parties concerned & concerned & appropriate appropriate AuthoritiesAuthorities



SUPERVISED by the LSWDOSUPERVISED by the LSWDO COMPLETED within 45 DaysCOMPLETED within 45 Days Prescriptive Period Suspended until Completion of Prescriptive Period Suspended until Completion of

DIVERSION PROCEEDINGS but not to exceed 45 DaysDIVERSION PROCEEDINGS but not to exceed 45 Days Child to Present Himself ONCE a Month for Reporting Child to Present Himself ONCE a Month for Reporting

and Evaluation of the effectiveness of Programand Evaluation of the effectiveness of Program


Failure to Comply with the Failure to Comply with the Contract of Diversion Shall give Contract of Diversion Shall give the Offended Party the OPTION the Offended Party the OPTION

to institute Appropriate Legal to institute Appropriate Legal ActionAction


The Period of Prescription of the The Period of Prescription of the Offense shall be suspended Offense shall be suspended during the effectivity of the during the effectivity of the

DIVERSION PROGRAM but DIVERSION PROGRAM but NOT to EXCEED 2 YearsNOT to EXCEED 2 Years


Duty of Punong Barangay When Duty of Punong Barangay When There is No DiversionThere is No Diversion

Situation Contemplated Duty of Punong Barangay

*Where the parents or guardians do not consent to Diversion

*Crimes where the Imposable Penalty is More than 6 Years Imprisonment

Within 3 DAYS from determination of lack of jurisdiction, FORWARD the records to the Law Enforcement Officer, the Prosecutor or the Appropriate Court


Duty of the Law Enforcement Officer Duty of the Law Enforcement Officer When There is NO DIVERSIONWhen There is NO DIVERSION

Situation Contemplated

Actions to be Undertaken

*Parents or Guardians do not agree to a Diversion

*Crime is punishable by more than 6 months imprisonment

*WCPD of the PNP shall forward the records to the Prosecutor within 3 DAYS from determination of absence of Jurisdiction

*Prosecutor shall conduct Preliminary Investigation or Inquest to determine whether the child shall remain under custody

*The document transmitting the records shall display the word “CHILD” in bold letters


FACTORS IN DETERMINING FACTORS IN DETERMINING DIVERSION PROGRAMDIVERSION PROGRAM

Nature & Circumstances of Nature & Circumstances of OffenseOffense

Frequency & Severity of the Frequency & Severity of the ActAct

Circumstances of the ChildCircumstances of the Child Family & Environmental Family & Environmental

Influences on Child’s GrowthInfluences on Child’s Growth Reparation of Injury to Reparation of Injury to

VictimVictim Weight of Evidence Against Weight of Evidence Against

the Childthe Child Community SafetyCommunity Safety Best Interest of the Child Best Interest of the Child


Formulation of the Diversion Formulation of the Diversion ProgramProgram

Formulate an INDIVIDUALIZED TREATMENTFormulate an INDIVIDUALIZED TREATMENT for the CHILDfor the CHILD


Factors to be ConsideredFactors to be Considered

1.1. Child’s feelings of Child’s feelings of remorseremorse

2.2. Parent’s or legal Parent’s or legal guardian’s ability guardian’s ability to guide and to guide and supervise the childsupervise the child

3. Victim’s view about 3. Victim’s view about the propriety of the propriety of the measures the measures imposedimposed

4. Availability of 4. Availability of community-based community-based program for program for rehabilitation & rehabilitation & reintegrationreintegration


Kinds of Diversion Programs Kinds of Diversion Programs

At the Level of the At the Level of the Punong BarangayPunong Barangay

1.1. RestitutionRestitution2.2. ReparationReparation3.3. IndemnificationIndemnification4.4. ApologyApology5.5. Care, Guidance, Care, Guidance,

SupervisionSupervision6.6. CounselingCounseling7.7. Attendance in Trainings, Attendance in Trainings,

Seminars and Lectures Seminars and Lectures 8.8. Participation in Participation in

Community-based Community-based programsprograms

9.9. Education, Vocation & Education, Vocation & Life SkillsLife Skills

At the Level of the At the Level of the Law Enforcement Law Enforcement Officer and the Officer and the ProsecutorProsecutor1. Diversion Programs 1-91. Diversion Programs 1-92. Confiscation & forfeiture of 2. Confiscation & forfeiture of the proceeds of the Crimethe proceeds of the Crime

At the Level of the At the Level of the CourtCourt1.1. Diversion Programs 1-2 aboveDiversion Programs 1-2 above2.2. Reprimand or CitationReprimand or Citation3.3. FineFine4.4. Payment of CostPayment of Cost5.5. Institutional Care & CustodyInstitutional Care & Custody


Prosecution: Duty of the Prosecution: Duty of the Prosecutor’s OfficeProsecutor’s Office

Specially-trained ProsecutorSpecially-trained Prosecutor To conduct inquest, preliminary investigation & To conduct inquest, preliminary investigation &

prosecutionprosecution To investigate allegations of torture or ill-treatment To investigate allegations of torture or ill-treatment


Prosecution: When to Conduct PIProsecution: When to Conduct PI

Offense has an Offense has an imposable penalty of imposable penalty of more than 6 yrs.more than 6 yrs.

Child is not qualified for Child is not qualified for DiversionDiversion

Parents & Guardians do Parents & Guardians do not agree to Diversionnot agree to Diversion

Diversion is not Diversion is not appropriateappropriate


Prosecution: Filing of InformationProsecution: Filing of Information

Service of Subpoena/Affidavit-Complaint

Notify the Public Attorney’s Office

Determination of Probable Cause

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


Court ProceedingsCourt Proceedings

Determine whether or not DIVERSION Determine whether or not DIVERSION is appropriate BEFORE is appropriate BEFORE ARRAIGNMENTARRAIGNMENT


Court ProceedingsCourt Proceedings

The Court shall not order the DETENTION of the The Court shall not order the DETENTION of the child in a jail pending trial or hearing of the casechild in a jail pending trial or hearing of the case

(Sec. 35, RA 9344)(Sec. 35, RA 9344)


Alternatives to DetentionAlternatives to Detention

Release on Release on RecognizanceRecognizance

Release on BailRelease on Bail Transfer to a Youth Transfer to a Youth

Detention Home or Detention Home or “Youth Home”/ “Youth Home”/ Rehabilitation Center Rehabilitation Center or “Youth Center”or “Youth Center”


Detention Pending Trial: Detention Pending Trial: Alternative MeasuresAlternative Measures

Close SupervisionClose Supervision Intensive CareIntensive Care

Family PlacementFamily Placement Educational SettingEducational Setting HomeHome

Institutionalization or Institutionalization or Detention Pending Trial Detention Pending Trial as a LAST RESORT & as a LAST RESORT & for the SHORTEST for the SHORTEST PERIOD OF TIMEPERIOD OF TIME


Necessary DetentionNecessary Detention

Child to be detained in a YOUTH DETENTION HOME Child to be detained in a YOUTH DETENTION HOME established by the Local Government of the city or established by the Local Government of the city or municipality where the Child resides (Sec. 8, Family municipality where the Child resides (Sec. 8, Family Courts Act)Courts Act)


IN THE ABSENCE OF A YOUTH IN THE ABSENCE OF A YOUTH DETENTION HOMEDETENTION HOME

DSWDDSWD Local Rehabilitation Local Rehabilitation

Center recognized Center recognized by the government by the government & within the & within the jurisdiction of the jurisdiction of the courtcourt


Diversion Measures Diversion Measures at the Court Level: When at the Court Level: When

DeterminedDetermined

Offense Stage of Trial

Maximum Penalty is Imprisonment of 12 Years, regardless of the FINE or FINE regardless of Amount

Before ARRAIGNMENT of CICL


Automatic Suspension of SentenceAutomatic Suspension of Sentence

Child Found Guilty(Below 18 at the time of Commission of Offense)

Court to Determine Civil Liability

No pronouncement of Judgment of Conviction

CICL to be placed under Suspended Sentence Without Need of Application

DISPOSITION MEASURES


Discharge of CICLDischarge of CICL

Social Worker recommends Dismissal of the case against the CICL under Suspended Sentence/ Disposition Measures

Court to Order FINAL DISCHARGE if the ObjectivesOf the Disposition Measures have been achieved

Civil Liability to be Enforced in accordance with law


Return of the CICL to the Court: Return of the CICL to the Court: for EXECUTION OF JUDGMENT for EXECUTION OF JUDGMENT

Grounds:Grounds:

1.1. Non-fulfillment of Non-fulfillment of Disposition Disposition MeasuresMeasures

2.2. Willful Failure of Willful Failure of the CICL to comply the CICL to comply with Conditions of with Conditions of the Disposition the Disposition MeasuresMeasures

CICL has reached 18 CICL has reached 18 while under while under Suspended Suspended Sentence:Sentence: Court to determine Court to determine

whether to:whether to: DISCHARGE the CICLDISCHARGE the CICL ORDER EXECUTION of ORDER EXECUTION of

SentenceSentence EXTEND suspended EXTEND suspended

sentence for a sentence for a specified period or specified period or until CICL reaches 21until CICL reaches 21


CREDIT IN SERVICE OF CREDIT IN SERVICE OF SENTENCESENTENCE

The CICL shall be credited with the FULL The CICL shall be credited with the FULL TIME spent in ACTUAL COMMITMENT & TIME spent in ACTUAL COMMITMENT & DETENTIONDETENTION


Probation: Alternative to Probation: Alternative to ImprisonmentImprisonment

Conviction/Sentence

Application for Probation

Probation: Best Interest of the CICL

Sec. 4, PD 968 (Probation Law of 1976) is Sec. 4, PD 968 (Probation Law of 1976) is amended accordinglyamended accordingly


Confidentiality of RecordsConfidentiality of Records

Exceptions:Exceptions: Determination & Determination &

Availment of Availment of Suspended SentenceSuspended Sentence

Qualification for Qualification for ProbationProbation

Measures to Ensure Measures to Ensure ConfidentialityConfidentiality Non-disclosure to Non-disclosure to

MediaMedia Separate Police Separate Police

BlotterBlotter Coding to Conceal Coding to Conceal

Material Information Material Information leading to CICL’s leading to CICL’s identityidentity


ExceptExcept: when BENEFICIAL to : when BENEFICIAL to the Offender and upon his the Offender and upon his WRITTEN CONSENTWRITTEN CONSENT

Records of the CICL shall not be Records of the CICL shall not be used in SUBSEQUENT used in SUBSEQUENT PROCEEDINGS for cases PROCEEDINGS for cases involving the same offender as an involving the same offender as an adult.adult.

Persons who have been in Persons who have been in conflict with the law as a conflict with the law as a

CHILDCHILDNO LIABILITY for PERJURY, NO LIABILITY for PERJURY,

CONCEALMENT or CONCEALMENT or MISREPRESENTATION by reason MISREPRESENTATION by reason of failure to acknowledge the case of failure to acknowledge the case or recite the facts in response to or recite the facts in response to any inquiry made to him for ANY any inquiry made to him for ANY

PURPOSEPURPOSE

Rehabilitation & Reintegration: Rehabilitation & Reintegration: OBJECTIVEOBJECTIVE

Interventions

Approaches

Strategies

To improve Social FunctioningTo improve Social Functioning To reintegrate with FamilyTo reintegrate with Family To become Productive Members of the To become Productive Members of the

CommunityCommunity


Rehabilitation & Reintegration: Rehabilitation & Reintegration: Court Order RequiredCourt Order Required

HearingHearing Details of the Court Order to be Entered in a Details of the Court Order to be Entered in a

Registry exclusively for CICLRegistry exclusively for CICL NO CICL shall be admitted in any facility where NO CICL shall be admitted in any facility where

there is no such REGISTERthere is no such REGISTER


Rehabilitation & Reintegration: Rehabilitation & Reintegration: Separate Facilities from AdultsSeparate Facilities from Adults

Exception: When they are members of the Exception: When they are members of the SAME FAMILYSAME FAMILY

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


Rehabilitation & Reintegration: Rehabilitation & Reintegration: Female CICLFemale CICL

Special Attention to their PERSONAL NEEDS Special Attention to their PERSONAL NEEDS and PROBLEMSand PROBLEMS

Female Doctors, Correction Officers & Social Female Doctors, Correction Officers & Social WorkersWorkers

Separate Accommodation from the MalesSeparate Accommodation from the Males


Rehabilitation & Reintegration: Rehabilitation & Reintegration: Gender Sensitivity TrainingGender Sensitivity Training

No personnel of rehabilitation & training No personnel of rehabilitation & training facilities shall handle CICL without having facilities shall handle CICL without having undergone Gender Sensitivity Trainingundergone Gender Sensitivity Training


Youth Detention HomesYouth Detention Homes

Established by LGU’s pursuant to the Family Established by LGU’s pursuant to the Family Courts Act Courts Act

May be established by Private May be established by Private Organizations & NGO’s accredited by the Organizations & NGO’s accredited by the DSWD in consultation with the JJWC DSWD in consultation with the JJWC


Care & Maintenance of the CICL:Care & Maintenance of the CICL:Who Bears the Cost?Who Bears the Cost?

Parents or those liable for Support of the Parents or those liable for Support of the CICLCICL Municipality (Municipality (where offense was committed*where offense was committed*)– 1/3)– 1/3 Province – 1/3Province – 1/3 National Government – 1/3National Government – 1/3 Chartered Cities – 2/3Chartered Cities – 2/3

IRA withheld to pay for unpaid portionIRA withheld to pay for unpaid portion

*If the CICL is not a resident of the municipality where *If the CICL is not a resident of the municipality where the offense was committed, the Court may require the offense was committed, the Court may require the Municipality where the CICL resides to shoulder the Municipality where the CICL resides to shoulder the cost.the cost.


Confinement of Convicted Children in Confinement of Convicted Children in Agricultural Camps & Other Training Agricultural Camps & Other Training

FacilitiesFacilities

In lieu of regular Penal InstitutionIn lieu of regular Penal Institution After ConvictionAfter Conviction Established, maintained, supervised and Established, maintained, supervised and

controlled by the BUCOR in coordination with controlled by the BUCOR in coordination with DSWDDSWD


Rehabilitation of CICLRehabilitation of CICL

Any or a COMBINATION Any or a COMBINATION of any of the of any of the Disposition Measures Disposition Measures provided for in the SC provided for in the SC Rules on Juveniles in Rules on Juveniles in Conflict with the LawConflict with the Law

Community-based Community-based RehabilitationRehabilitation Competency & Life Competency & Life

Skills DevelopmentSkills Development Socio-cultural & Socio-cultural &

Recreational ActivitiesRecreational Activities Community Volunteer Community Volunteer

ProjectsProjects Leadership TrainingLeadership Training Social ServicesSocial Services Homelife ServicesHomelife Services Spiritual EnrichmentSpiritual Enrichment Community & Family Community & Family

Welfare ServicesWelfare Services


Community-based Programs: Community-based Programs: ObjectivesObjectives

Prevent disruption in Prevent disruption in the education or the education or means of livelihoodmeans of livelihood

Prevent separation of Prevent separation of the child from parents, the child from parents, guardiansguardians

Facilitate rehabilitation Facilitate rehabilitation & mainstreaming; & mainstreaming; encourage community encourage community support & involvementsupport & involvement

Minimize stigmaMinimize stigma


Criteria Criteria of Community-based Programsof Community-based Programs

Focus on the Focus on the rehabilitation & re-rehabilitation & re-integration of the childintegration of the child

Criteria to be Criteria to be established by the JJWCestablished by the JJWC Purpose of the programPurpose of the program Need for the consent of Need for the consent of

the the child/parents/guardianschild/parents/guardians

Participation of Child-Participation of Child-centered agencies, centered agencies, public or private public or private


Youth Rehabilitation CenterYouth Rehabilitation Center

24-hour group care, 24-hour group care, treatment and treatment and rehabilitation servicesrehabilitation services

Structured Therapeutic Structured Therapeutic EnvironmentEnvironment

Quarterly Progress Quarterly Progress Report to the CourtReport to the Court

Final Report for Final Final Report for Final DispositionDisposition

To be established in each To be established in each REGION by the DSWDREGION by the DSWD


After-Care Support ServicesAfter-Care Support Services

Provided by the LSWDO Provided by the LSWDO For a period of at least 6 For a period of at least 6

MonthsMonths Includes:Includes:

CounselingCounseling Community-based Community-based

services designed to services designed to facilitate social facilitate social reintegration, prevent re-reintegration, prevent re-offending & make the offending & make the children productive children productive members of the members of the communitycommunity


Exempting ProvisionsExempting Provisions

No liability for Status Offenses (curfew violations, No liability for Status Offenses (curfew violations, truancy, parental disobedience)truancy, parental disobedience)

Offenses Not Applicable to ChildrenOffenses Not Applicable to Children Vagrancy, Prostitution, Mendicancy, Sniffing of Rugby Vagrancy, Prostitution, Mendicancy, Sniffing of Rugby

(counseling & treatment instead)(counseling & treatment instead) No Death Penalty for ChildrenNo Death Penalty for Children


Prohibited ActsProhibited Acts Branding or Labeling (juvenile Branding or Labeling (juvenile

delinquent, prostitute)delinquent, prostitute) Shaming – discriminatory remarks Shaming – discriminatory remarks

& practices (child’s class or ethnic & practices (child’s class or ethnic origin)origin)

Employment of threatsEmployment of threats Employment of Abusive, Coercive Employment of Abusive, Coercive

& Punitive Measures (cursing, & Punitive Measures (cursing, beating, stripping, solitary beating, stripping, solitary confinement)confinement)

Employment of Degrading, Employment of Degrading, Inhuman & Cruel Forms of Inhuman & Cruel Forms of Punishment (shaving of hair, Punishment (shaving of hair, pouring irritating, corrosive or pouring irritating, corrosive or harmful substances, wearing signs harmful substances, wearing signs that embarrass, humiliate and that embarrass, humiliate and degrade personality & dignitydegrade personality & dignity

Compelling child to performCompelling child to perform involuntary servitudeinvoluntary servitude


Penal ProvisionsPenal Provisions

Fine: PhP 20K – 50KFine: PhP 20K – 50K Imprisonment: 8-10 YearsImprisonment: 8-10 Years Or BOTH at the Or BOTH at the

Discretion of the CourtDiscretion of the Court Unless a Higher Penalty Unless a Higher Penalty

is prescribed by the RPC is prescribed by the RPC or Special Lawsor Special Laws

Public Officers – Plus Public Officers – Plus Administrative Liability; Administrative Liability; Perpetual Absolute Perpetual Absolute DisqualificationDisqualification


Transitory ProvisionsTransitory Provisions

Immediate Dismissal of Cases of CICL 15 & BelowImmediate Dismissal of Cases of CICL 15 & Below CICL to referred to the LSWDOCICL to referred to the LSWDO

Alternatives to Detention for Detained CICL Alternatives to Detention for Detained CICL Inventory of Locked-up or Detained CICLInventory of Locked-up or Detained CICL Children who Reach 18 Pending Diversion or Court ProceedingsChildren who Reach 18 Pending Diversion or Court Proceedings

Determine appropriate dispositionDetermine appropriate disposition Apply for Probation if qualifiedApply for Probation if qualified

Convicted CICL / Serving Sentence Convicted CICL / Serving Sentence Benefit from retroactive application of the lawBenefit from retroactive application of the law Appropriate Disposition/Adjustment of SentenceAppropriate Disposition/Adjustment of Sentence



CONCLUSIONCONCLUSION

““save the children…”save the children…”


Documents

RA 9344 for Reporting