RA 9344 as amended by RA 10630

Juvenile Justice and Welfare Act of 2006

Approved: April 28, 2006

Definition of terms:

a.​ Child ​– refers to a person under the age of eighteen (18) years.

b. ​Child at risk – refers to a child who is vulnerable to and at the risk of committing criminal offenses because of
personal, family and social circumstances, 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 a 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.

c. ​Child in Conflict with the law – refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under the Philippines laws.

d. ​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.

e. 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 or educational
background without resorting to formal court proceedings.

f. ​Diversionary 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.

g. ​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.

h. ​Intervention - refers to a series of activities which are designed to address issues that caused to commit an
offense.
It may take the form of an individualized treatment program which may include counselling, skills
training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well
being.

i. ​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 after care to ensure the normal growth and development.

Caballes, Cadeleña, Catchillar, Coste

Criminal Law II - Atty. Daphne S. Andal-Degoma (2017-2018)
j. ​Restorative Justice – refers to a principle which requires a process of resolving conflicts with maximum
involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim;
reconciliation for the offender, the offended and the community; and reassurance to the offender that he/she can
be reintegrated into society. It also enhances public safety by activating the offender, the victim and the
community in prevention strategies.

k. ​Status Offenses - refers to offenses which discriminate only against the child, while an adult does not suffer
any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and
the like.

l. ​Victimless crimes​ - refers to offenses where there is no private offended party.

m. ​Discernment – refers to the capacity of the child at the time of the commission of the offense to understand
the differences between right and wrong and the consequences of the wrongful act

How should the provisions of this act be construed?

- In case of doubt, the interpretation of any of the provisions of this Act, including its implementing rules and
regulations (IRRs), shall be construed liberally in favor of the child in conflict with the law.

What are the rights of a child in conflict with the law in all stages of the proceedings?

- The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;

- 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;

- 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. He/She shall
be conveyed separately to or from court. 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;

What are the rights of a child in conflict with the law in court proceedings?

- 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;

- The right to bail and recognizance, in appropriate cases;

- The right to testify as a witness in hid/her own behalf under the rule on examination of a child witness;

- The right to have his/her privacy respected fully at all stages of the proceedings;

What are the rights of a child in conflict with the law as to the imposable punishments and its
alternatives?

- The right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of
release;

- The right to diversion if he/she is qualified and voluntarily avails of the same;

Caballes, Cadeleña, Catchillar, Coste

Criminal Law II - Atty. Daphne S. Andal-Degoma (2017-2018)
- 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;

- 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;

- In general, the right to automatic suspension of sentence;

- The right to probation as an alternative to imprisonment, if qualified under the Probation Law;

- The right to be free from liability for perjury, concealment or misrepresentation; and

- Other rights as provided for under existing laws, rules and regulations.

What is the 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 birthday

What are the evidences of age?

- 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.

What is the presumption relative to a child in conflict with the law and how is the issue as to his or her
age to be construed in case of doubt?

- ​In case of doubt as to the age of the child, it shall be resolved in his/her favor.

How does the law classify age in relation to the liability of a child in conflict with the law?

- A child above fifteen (15) years but below eighteen (18) years of age without DISCERNMENT shall likewise be
exempt from criminal liability and be subjected to an intervention program.

- If the child has acted with DISCERNMENT, in which case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.

What should be done with children who are exempt from criminal responsibility who committed serious
crimes? What are the crimes included?

- The child shall be deemed a neglected child under P.D. 603

A ​neglected child is one whose basic needs have been deliberately unattended or inadequately
attended. Neglect may occur in two ways:
(a) There is a physical neglect when the child is malnourished, ill clad and without proper
shelter.

Caballes, Cadeleña, Catchillar, Coste

Criminal Law II - Atty. Daphne S. Andal-Degoma (2017-2018)
 (b) A child is unattended when left by himself without provisions for his needs and/or without
proper supervision.
(c) Emotional neglect exists: when children are maltreated, raped or seduced; when children
are exploited, overworked or made to work under conditions not conducive to good health; or are made
to beg in the streets or public places, or when children are in moral danger, or exposed to gambling,
prostitution and other vices.

- The child shall be mandatorily placed in a special facility within the youth care faculty or “Bahay Pag-asa” called
the Intensive Juvenile Intervention and Support Center (IJISC)
- The crimes included are:
- parricide
- murder
- infanticide
- kidnapping and serious illegal detention where the victim is killed or raped
- robbery, with homicide or rape
- destructive arson
- rape
- carnapping, where the driver or occupant is killed or raped
- offenses under R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more
than 12 years of imprisonment

How should a child in conflict of the law who committed repetitive offense be considered? How should
her or she dealt with?

- ​The child shall be deemed a neglected child under P.D. 603

- The child shall undergo an intensive intervention program supervised by the social welfare and development
officer

Who are the persons who are deemed to have exploited children for the commission of the crime?

- It is 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.

How should persons who exploited children for the commission of crimes be dealt with?

- The maximum penalty prescribed by law for the crime committed shall be imposed upon the persons who
exploited the children for the commission of crimes.

What is the so-called joint parental responsibility?

- It is where parents of the child in conflict with the law undergo counseling or any other intervention that, in the
opinion of the court, would advance the welfare and best interest of the child. The parents may need to attend at
the place where the proceedings are to be conducted by a court exercising its jurisdiction. The parents shall be
liable for damages unless they prove, to the satisfaction of the court, that they were exercising reasonable
supervision over the child at the time the child committed the offense and exerted reasonable effort and utmost
diligence to prevent or discourage the child from committing another offense.

Caballes, Cadeleña, Catchillar, Coste

Criminal Law II - Atty. Daphne S. Andal-Degoma (2017-2018)
What is the procedure for taking a Child in Conflict with the Law into custody?

- From the moment the child is taken into custody, the law enforcement officer shall faithfully observe the
following procedures, as provided in Section 21 of the Act:
(1) Properly identify oneself and present proper identification to the child.
(2) Immediately notify the child’s parents or guardians, the Local Social Welfare and Development
Officer (LSWDO), and the Public Attorney’s Office (PAO) of the child’s apprehension. The notification shall be
made not later than eight (8) hours after apprehension.
(3) Explain to the child, in simple language and in a language or dialect, which the 15 child can
understand:
a. the reason for placing the child under custody;
b. The offense allegedly committed; and
c. The child’s constitutional rights and the child’s rights under Republic Act 19 7438 or
An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation
as well as the Duties of the Arresting, Detaining and Investigating Officers, and Providing
Penalties for Violations Thereof [R.A. 7438]. If the child cannot understand the language or
local dialect or suffers from disability, an interpreter or a mental health professional shall be
provided.
(4) Determine the age of the child, in accordance with the guidelines provided in Rule 26 37.b herein.
(5) Take the child immediately to the proper medical or health officer for a thorough physical and mental
examination. Whenever medical treatment is required, steps shall be immediately undertaken to provide the
same.
(6) Immediately but not later than eight (8) hours after apprehension, turn over the custody of the child to
the Local Social Welfare and Development Office or other accredited NGOs. However, in cases where the child
is fifteen (15) years old or below, the law enforcement officer shall immediately release the child to the custody of
the child’s parents or guardian, or in their absence, the child’s nearest relative, upon assessment and
recommendation of the Local Social Welfare Development Officer, in accordance with Rule 36.a herein.

The above procedure must be followed, in strict observance of the prohibitions provided in Section 21 of
the Act and in RULE herein, while the child is in the custody of a law enforcement officer. A child in conflict with
the law shall only be searched by a law enforcement officer of the same gender, as prescribed in Section 21 of
the Act and shall not be locked up in a detention cell. It is the duty of the enforcement officer to refer the child to
the LSWDO for the determination of discernment as provided under Rule 38.

What are the duties of an enforcement officer during the 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. The taking of the statement of the child shall be conducted in the
presence of the following: (1) child’s counsel of choice or in the absence thereof, a lawyer from the Public
Attorney’s Office; (2) the child’s parents, guardian or nearest relative, as the case may be; and (3) the local social
welfare and development officer. In the absence of the child’s parents, guardian or nearest relative, and the local
social welfare and development officer, the investigation shall be conducted in the presence of a representative
of an NGO, religious group, or member of the BCPC.

How is the system of diversion to be carried out?

- Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject
to the conditions herein provided:

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 mode of conflict resolution in accordance with the best interest of the child with a

Caballes, Cadeleña, Catchillar, Coste

Criminal Law II - Atty. Daphne S. Andal-Degoma (2017-2018)
view to accomplishing the objective of restorative justice and the formulation of a diversion program. The child
and his/her family shall be present in these activities.

In victimless crimes where the imposable penalty is not more 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.

Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion
measures may be resorted to only by the court.

What are the stages of proceedings 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.

What are the periods of diversion?

- Diversion Proceedings
- Conflict Resolution
- Formulation of Diversion Programs
- Formulation of Diversion Contract
- Acceptance and Signing of Diversion Contract
- Implementation
- Monitoring and Supervision
- Termination

What are the diversion measures?

- The court shall determine whether or not diversion is appropriate where the maximum penalty imposed by law is
charged is 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.

How does automatic suspension of sentence operate?

- Once the child who is under 18 years of age at the time of the 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 supplied even if the juvenile is already 18 of age at the time of the pronouncement of
his/her guilt.

How is the provision on probation different from the probation under the probation law?

- 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. No difference on Probation Law.

What are the 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.

Caballes, Cadeleña, Catchillar, Coste

Criminal Law II - Atty. Daphne S. Andal-Degoma (2017-2018)
What offenses are not applicable to Child in Conflict with the Law even if he/she is over 15 years of age?

- Persons below 18 years of age shall be exempt for the crime of vagrancy and prostitution, mendicancy and
sniffing of rugby.

In the event a child is apprehended for, or accused of, committing status offenses, law enforcement
officers have the obligation to immediately release the child to the parents, without prejudice to intervention
programs conducted by the LSWDO.

JURISPRUDENCE:

People vs Arpon, GR NO. 183563, December 14, 2011

How did the SC resolve the issue as to the age of the CICL? (People vs Arpon case)

- RTC and CA failed to consider in favour of the accused appellant the privileged mitigating circumstance of
minority invoking Sec 7 of RA 9344, CICL shall enjoy presumption of minority as she or he will enjoy all the rights
of a child until he or she is proven to be 18 years of age.
The age of a child may be determined on the ff:
a. birth certificate
b. baptismal certificate
c. based on the information from the child himself
d. testimonies of other persons
e. physical appearance of the child and other relevant evidence

In case of doubt, it will be resolved in his or her favor.

In the instant case, the accused testified that he was born on February 23, 1982 and that he was only 13
years old when the first incident of rape happened. No other evidence was presented other than his testimony.
Records show that neither any objection to the testimony on the part of the prosecution nor any contrary
evidence to dispute the same.
The testimony of the accused sufficiently established that he was only 13 years old at that time. In view
of the failure of the prosecution to prove whether the first incident of rape happened in 1995 or 1998, it will then
be resolved in favor of the accused as it would be beneficial to the latter. The accused is also exempted from
criminal liability for the FIRST incident of rape but remains civilly liable. This is in accordance to Sec 6 of RA
9344 par. 1, a child 15 years of age or under at the time of commission of offense shall be exempted and will be
subjected to intervention program.
For the 2nd and third counts of rape, the accused was already 17 years old and was found that he acted
with discernment. This was proven because according to the victim, she was threatened by the accused that he
would kill her mother if she would speak, The accused threatened the victim to conceal his acts upon the victim
so he knew full well that what he did was wrong. So, he is punished of reclusion perpetua for each of the 2nd
and 3rd incidents of rape.
This is in accordance to Sec 6 par. 2 “a child above 15 years but below 18 shall likewise be exempted
but subject to intervention program unless she or he has acted with discernment in which case, such child be
subjected to appropriate proceedings in accordance with this Act. “
Since these incidents happened prior to the effectivity of RA 9344, the law is still applicable because of
retroactive effect stated in Sec 68 as children who have been convicted and serving sentences shall benefit from
retroactive application of the Act. " They shall be entitled to appropriate dispositions and their sentence shall be
adjusted accordingly". According to the Supreme Court, invoking the case of People vs Sarcia, with more reason
that the act shall be applied to a case wherein conviction by lower court is still under review.

Caballes, Cadeleña, Catchillar, Coste

Criminal Law II - Atty. Daphne S. Andal-Degoma (2017-2018)
Estioca vs People, GR NO. 173876, June 27, 2008

How did the SC rule on the reckoning point in determining minority? (Estioca vs People Case)

In the case of Estioca vs People, SC affirmed the ruling of CA that Boniao was barely 14 years of age at
the time he committed the crime and thus should be exempt from criminal liability and should be released to the
custody of his parents or guardian.
However, it does not include exemption from civil liability. He is jointly liable with other 2 men namely
Bacus and Handoc for the amount of 15,000 representing the stolen items.

What should the officer who has initial contact with a CICL do when the latter is 15 years of age or
below?

According to Sec 20 of RA 9344, the authority which will have initial contact with the child 15 years old
or below has the duty to do the ff:
a. immediately release the child to the custody of his/her parents or guardian or child's nearest relative
b. shall give notice to local social welfare and development officer for appropriate programs in
consultation with the child and to person having custody over said child
c. (if parents or relatives cannot be located), the child should be released to a duly registered
non-governmental or religious organization, barangay official or member of Barangay Council for Protection of
Child; local social welfare and development officer or DSWD.

What should he do when the CICL is over 15 years of age but is without discernment?

- ​The law enforcement officer shall, in his/her investigation, determine where the case involving the child in
conflict with the law should be referred. ​If the child over 15 years of age committed an offense without
discernment, the child will undergo to an intervention program in accordance with Section 20.

What should he do when the CICL is over 15 years of age and has acted with discernment?

- ​If the child over 15 years of age committed an offense with discernment. The child will undergo a Diversion
program under Title V, Chapter 2 of the Act.

Caballes, Cadeleña, Catchillar, Coste

Criminal Law II - Atty. Daphne S. Andal-Degoma (2017-2018)
RA 9344: Juvenile Justice and Welfare Act of 2006 compared to PD 603: The Child and Youth Welfare
Code

RA 9344 PD 603

Minimum Age of Criminal Sec 6 - Article 189 -

Responsibility
1. Child 15 years of age or 1. Child 9 years of age or
under at time of under at time of
commission commission
2. Child above 15 years of 2. Child 9 years of age but
age but below 18 years of below 15 years of age
age (unless acted with (unless acted with
discernment) discernment)

Suspension of Sentence Sec. 38 - NO Automatic Suspension

1. The youthful offender
Automatic Suspension should apply for a
“... However, instead of suspended sentence and
pronouncing the judgment it is discretionary on the
conviction, the court shall place court to approve the
the CICL under suspended application
sentence, without need of 2. The order of the court
application…” denying an application for
suspension of sentence
shall not be appealable

Availability of Suspension Sec. 38 in relation with of Sec. 43 Article 192 -

of RA 9344, which talks
confidentiality of records and The benefits of this article shall not
proceedings, a child can avail apply to a youthful offender who
suspended sentence as many once enjoyed suspension of
times he can. sentence under its provision

Requirement of Suspension The only requirement is for the Aside from the age requirement, a
CICL to be over 15 and under 18 CICL can only avail if at the time of
years old promulgation he is still a minor

Caballes, Cadeleña, Catchillar, Coste

Criminal Law II - Atty. Daphne S. Andal-Degoma (2017-2018)