Republic Act No. 9344

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Republic Act No. 9344

• Juvenile Justice and
• Welfare Act of 2006

TERESITA R. DOMINGO Assistant Secretary for
Legislative Affairs and Acting Chairperson,
Special Committee for the Protection of
Children
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CHILD

• a person under 18 years of age
• a minor 15 years and below has no criminal
  responsibility at all
• above 15 years but below 18 also has no
  criminal responsibility unless they acted with
  discernment.

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DIVERSION

• 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
  or educational background without resorting to
  formal court proceedings

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INTERVENTION

• a series of activities designed to address issues
  that caused the child to commit an offense.

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• Primary Intervention - which includes measures to
  promote social justice an equal opportunity which
  more often than not is the root cause for the
  commission of crimes
• Secondary Intervention which includes measures
  to assist children at risk and
• Tertiary Intervention which includes measures
  to avoid unnecessary contract with the formal
  justice system and measures to avoid re-offending
  such as diversion, rehabilitation and
  reintegration programs.

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RIGHTS OF THE CHILD

• Right to be treated with humanity and respect
• Right not to be subjected to torture, cruel or
  inhuman treatment
• Right to bail or recognizance
• Right to privacy
• Right to probation, if qualified
• Right to diversion, if qualified

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RIGHTS OF THE CHILD

• Right to automatic suspension of sentence
• Right not to be deprived arbitrarily of his
  liberty or restricted more than as necessary
• Right to be separated from adult offenders
• Right to maintain contact with his family
• Right not be imposed the death sentence
• Right to be free from perjury concealment or
  misrepresentation

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INITIAL CONTACT WITH THE CHILD

• Refers to the the apprehension or taking into
  custody of a child in conflict with the law by
  law enforcement or private citizens

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Initial Contact by private citizens or non-law
enforcement officers

• In the event a CICL is apprehended or taken
  into custody by private citizens, the child shall
  be immediately referred to the appropriate law
  enforcement officer for the child to undergo the
  proper investigation.

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Procedure for Taking Child Custody

• From the moment the child is taken into
• custody, the law enforcement officer shall
• IDENTIFY himself
• EXPLAIN to the child why he is taken into
  custody the offense committed and his rights
  earlier enumerated.
• The following should be avoided
• use of vulgar language, display of instruments
  of force, subjecting the child to restraint than
  is necessary, use of violence or unnecessary
  force.

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Procedure for Taking Child Custody

• NOTIFY the parents/guardians, local or DSWD
  social worker, and the PAO, not later than 8
  hours from the time the child is taken into
  custody
• Immediately DETERMINES the age of the child by
  securing his birth/baptismal certificate, school
  records or other pertinent documents, or by
  interviewing the child or persons who have
  knowledge, by physical appearance, etc.
• 5. TAKE the child to a medical officer for a
  physical and mental examination
• 6. TURN OVER the child to the local/DSWD social
  worker within 8 hours after he is taken into
  custody

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INITIAL INVESTIGATION

• It is the stage after initial contact when the
  law enforcement officer takes the statement of
  the CICL.

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INITIAL INVESTIGATION

• The law enforcement officer shall make
• the initial investigation by taking the
• statement of the child
• in a language that the child understands
• in a friendly and non-intimidating manner
• in a separate room or place where the child is
  comfortable
• privacy must be observed at all times.

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INITIAL INVESTIGATION

• The statement shall be taken in the presence of
• a. the childs lawyer or the PAO lawyer
• b. childs parents, guardians or nearest
  relative, representative of an NGO, religious
  group or member of the BCPC and
• the social worker.
• Statement shall be signed by the child,
• witnessed by all those present

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The initial investigation shall record the
following

• a. whether handcuffs or instruments of
  restraint were used if so, the reason
  therefore
• b. that parents/guardians, social worker and PAO
  have been notified of apprehension and details
  thereof
• c. exhaustion of measures in determining the age
  of the child, details of physical and medical
  examination or failure to do so

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• Thereafter, the CICL is turned over to the
  local/DSWD social worker for
• a. INTERVENTION where the child is 15 years
  old or below
• b. DETERMINATION OF DISCERNMENT- where the
  child is above 15 but below 18 years old

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INTERVENTION

• where the child is 15 and below in which case the
  social worker shall immediately turn over the
  child to his parents/guardians and the
  appropriate intervention is determined in
  consultation with the child and the
  parents/guardians.

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INTERVENTION

• If parents/guardians could not be located, the
  child may be released to a
• Registered Non-Governmental or Religious
  organization
• Member of a Barangay Council for the Protection
  of Children (BCPC),
• Local social worker and
• in the absence of the enumeration, to the DSWD

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Factors in determining Appropriate Intervention
Programs

• Personal circumstances of the child
• Needs of the child
• Family and social background of the child
• Influence of the family and environment on the
  child's growth

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Factors in determining Appropriate Intervention
Programs

• 5. Ability and willingness of parents to guide
  and supervise
• Nature and circumstances of the offense charged
• Availability of community based programs for
  intervention
• 8. Best interest of the child

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DISCERNMENT

• DISCERNMENT - where the child is over
• 15 but below 18 who acted
• without discernment for intervention
• with discernment for diversion provided
• the imposable penalty for crime committed
• is not more than 6 years

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Additional factors to be considered in
determining whether diversion is appropriate

1. nature and circumstances of the offense charged
2. frequency or severity of the act
3. personal circumstances of the child
4. influence of family and environment on the child

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Additional factors to be considered in
determining whether diversion is appropriate

• 5. reparation of injury to victim
• 6. safety of community
• 7. weight of evidence against the child
• 8. best interest of the child

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Factors in assessing Discernment

• Facts and circumstances of the case
• Educational level and performance of the child
  and
• Appearance, attitude, conduct and
• behavior of the child

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Conduct of Diversion

• Diversion may be conducted at the-
• Katarungan Pambarangay by the Punong Barangay
• b. Police Investigation by the law
  enforcer/police

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Conduct of Diversion

• c. Inquest or Preliminary Investigation where
  imposable penalty for the crime is not more
  than 6 years by the prosecutor.
• d. Otherwise, where imposable penalty is more
  than 6 but does not exceed 12 years, diversion
  may be conducted only at the court level by the
  judge.

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The officer conducting the diversion proceedings
shall

• explain to the parties the objectives and value
  of diversion and consequences of not undergoing
  diversion
• b. Ask the child the circumstances which led him
  to the commission of the offense, his motives or
  purpose
• c. take the personal circumstances of the child
  including that of his parents and family

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The officer conducting the diversion proceedings
shall

• make the child understand the consequences of his
  act and his corresponding responsibilities
  therefor
• e. Ensure that the child understands and
  realizes his accountability, is remorseful and
  will take on the responsibility of repairing the
  harm done.

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Factors in the formulation of Diversion Program

• Feelings of remorse
• Ability of parents or legal guardians to guide
  and supervise
• Victims view about the propriety of the measure
  to be imposed and
• Availability of community based programs for
  rehabilitation and reintegration of the child

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Kinds of Diversion Programs

• 1. PUNONG BARANGAY LEVEL
• Restitution of property
• Reparation of damage caused
• Indemnification for consequential damages
• Written or oral apology
• Care, guidance and supervision orders

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Kinds of Diversion Programs

• 1. PUNONG BARANGAY LEVEL
• f. Training, seminars and lectures on
• anger management
• values formation
• problem solving
• skills that will aid the child in dealing with
• the situation which can lead to repetition
• g. Participation in community based program,
  education, vocation and life skills program

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Kinds of Diversion Programs

• 2. LAW ENFORCER AND PROSECUTOR
• a. DPs specified under (1)(a) to (1) (g)
• and
• b. Confiscation and forfeiture of the
  instruments of the crime

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Kinds of Diversion Programs

• 3. COURT LEVEL
• a. DPs specified under (1)(a) to (1) (g)
• b. written or oral reprimand or citation
• c. fine
• d. payment of cost of proceedings or
• e. institutional care and custody

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Termination of Diversion Proceedings

• Contract of Diversion has been entered into
• 45-day period has lapsed without reaching an
  agreement
• Diversion is found to be inappropriate
• Child/parents or guardians does not consent to
  diversion.

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Termination of Diversion Proceedings
Note Sec. 26 of RA 9344 provide x x x 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.
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PROSECUTORS

• When diversion is deemed terminated as earlier
  mentioned or that the CICL is over 15 and under
  18 years old who acted with discernment and the
  imposable penalty for the offense is more than 6
  years, the law enforcer shall refer the case to
  the prosecutor who, before proceeding to
  preliminary investigation, shall still endeavour
  to arrive at an agreement to a diversion program.

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PROSECUTORS

• It shall be the duty of the prosecutor to
  notify the PAO and ensure that the childs rights
  have been protected such that it is incumbent
  upon him to investigate allegations of torture,
  deprivation of or unnecessary restrictions on
  liberty, if any.

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PROSECUTORS

• Should there be a determination of probable
  cause, an information shall be filed before the
  Family Court within 45 days from the start of the
  preliminary investigation.

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COURTS

• When the case reaches the court, it shall
  determine whether or not diversion is appropriate
  provided that the imposable penalty on the
  offense charged is more than 6 but not more than
  12 years imprisonment.

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COURTS

• Pending trial, the court may release children in
  detention on bail or recognizance. In all other
  cases, detention may be replaced by alternative
  measures such as close supervision, intensive
  care or placement with a family, educational
  setting or home. The child may be committed to
  the care of the DSWD, local rehab center
  recognized by government.

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COURTS

• Once a child under 18 years at the time of the
  commission of the offense is found guilty,
  sentence shall be automatically suspended.
• For convicted and sentenced CICL, the court may,
  upon application, place the child on PROBATION in
  lieu of service.

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REHABILITATION and INTEGRATION

• Should community based rehabilitation be
  inappropriate, the court may order the commitment
  of the child to a
• (a) rehabilitation center
• (b) youth detention center

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REHABILITATION and INTEGRATION

• (c) agricultural camp, or
• (d) other training facilities that will provide
  the child with interventions, approaches and
  strategies that would change or modify the
  negative behaviour of the child into a positive
  one enabling him to improve on his social
  functioning leading to his reintegration to his
  family and the community.

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Preference should be the community based programs
if adequate since it

• Prevent disruption of the education or means of
  livelihood of the child
• Prevent separation from the family
• Facilitate rehabilitation and mainstreaming of
  the child and
• Minimize stigma on the child

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TRANSITORY PROVISIONS

• Those 15 years old and below at the commission
  of the offense-
• i) with pending case but released on bail or
  recognizance
• - case shall be dismissed and the child
  referred to the social worker who will conduct an
  assessment whether to release the child to the
  custody of the parents/guardians or refer the
  child to prevention programs

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TRANSITORY PROVISIONS

• ii) with pending case and under detention or
  suspended sentence
• - case shall be dismissed upon motion and child
  referred to social worker on the propriety of
  releasing the child to his parents/guardians. If
  cannot be located and the child is abandoned,
  neglected or abused, a petition of involuntary
  commitment shall be filed by the social worker.
• iii) convicted and serving sentence
• - Any interested party may file a petition for
  habeas corpus.

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TRANSITORY PROVISIONS

• B. Those above 15 but below 18 at the commission
  of the offense-
• i.) with pending case but released on bail or
  recognizance
• Trial may proceed to prove discernment
• ii) under suspended sentence
• Child to continue with rehabilitation program

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TRANSITORY PROVISIONS

• iii) Convicted and serving sentence
• CICL shall be entitled to appropriate
  disposition under the Act and the sentence
  adjusted accordingly. If qualified, child shall
  be immediately released under the Act or
  applicable law. Upon application, the court may
  grant probation to the child in lieu of
  imprisonment for the remaining sentence .
  (Section 42, RA 9344)

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Thank You!