R.A 9344.doc

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Republic of the PhilippinesCongress of the Philippines

Metro Manila

Thirteenth CongressSecond Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day ofJuly, two thousand and five.

Republic Act No. 9344AN ACT ESTAB!S"!N# A C$%PRE"ENS!&E '(&EN!E

'(ST!CE AN) *E+ARE S,STE%- CREAT!N# T"E '(&EN!E'(ST!CE AN) *E+ARE C$(NC! (N)ER T"E )EPART%ENT$+ '(ST!CE- APPR$PR!AT!N# +(N)S T"ERE+$R AN) +$R

$T"ER P(RP$SES

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled :T!TE !

#$&ERN!N# PR!NC!PES

C"APTER T!TE- P$!C, AN) )E+!N!T!$N $+ TER%S

Section . Short Title and Scope. - This Act shall be known asthe /'u0enile 'ustice and *elfare Act of 122./ It shall cover thedifferent stages involving children at risk and children in conflict withthe law fro !revention to rehabilitation and reintegration.

SEC. 1. Declaration of State Policy. - The following "tate !oliciesshall be observed at all ties:

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#a$ The "tate recogni%es the vital role of children and youth innation building and shall !roote and !rotect their !hysical,oral, s!iritual, intellectual and social well-being. It shallinculcate in the youth !atriotis and nationalis, and

encourage their involveent in !ublic and civic affairs.

#b$ The "tate shall !rotect the best interests of the childthrough easures that will ensure the observance ofinternational standards of child !rotection, es!ecially those towhich the &hili!!ines is a !arty. &roceedings before anyauthority shall be conducted in the best interest of the childand in a anner which allows the child to !artici!ate and toe'!ress hiself(herself freely. The !artici!ation of children in

the !rogra and !olicy forulation and i!leentation relatedto )uvenile )ustice and welfare shall be ensured by theconcerned governent agency.

#c$ The "tate likewise recogni%es the right of children toassistance, including !ro!er care and nutrition, and s!ecial!rotection fro all fors of neglect, abuse, cruelty ande'!loitation, and other conditions !re)udicial to theirdevelo!ent.

#d$ &ursuant to Article *+ of the nited ations onvention onthe /ights of the hild, the "tate recogni%es the right of everychild alleged as, accused of, ad)udged, or recogni%ed ashaving infringed the !enal law to be treated in a annerconsistent with the !rootion of the child0s sense of dignityand worth, taking into account the child0s age and desirabilityof !rooting his(her reintegration. 1henever a!!ro!riate and

desirable, the "tate shall ado!t easures for dealing with suchchildren without resorting to )udicial !roceedings, !roviding thathuan rights and legal safeguards are fully res!ected. It shallensure that children are dealt with in a anner a!!ro!riate totheir well-being by !roviding for, aong others, a variety ofdis!osition easures such as care, guidance and su!ervisionorders, counseling, !robation, foster care, education and

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vocational training !rogras and other alternatives toinstitutional care.

#e$ The adinistration of the )uvenile )ustice and welfare

syste shall take into consideration the cultural and religious!ers!ectives of the 2ili!ino !eo!le, !articularly the indigenous!eo!les and the Muslis, consistent with the !rotection of therights of children belonging to these counities.

#f$ The "tate shall a!!ly the !rinci!les of restorative )ustice inall its laws, !olicies and !rogras a!!licable to children inconflict with the law.

SEC. 3. Liberal Construction of this Act. - In case of doubt, theinter!retation of any of the !rovisions of this Act, including itsi!leenting rules and regulations #I//s$, shall be construedliberally in favor of the child in conflict with the law.

SEC. 4. Definition of Terms. - The following ters as used in this Act shall be defined as follows:

#a$ 3Bail3 refers to the security given for the release of the

!erson in custody of the law, furnished by hi(her or abondsan, to guarantee his(her a!!earance before any court.Bail ay be given in the for of cor!orate security, !ro!ertybond, cash de!osit, or recogni%ance.

#b$ 3Best Interest of the hild3 refers to the totality of thecircustances and conditions which are ost congenial to thesurvival, !rotection and feelings of security of the child andost encouraging to the child0s !hysical, !sychological and

eotional develo!ent. It also eans the least detrientalavailable alternative for safeguarding the growth anddevelo!ent of the child.

#e$ 3hild3 refers to a !erson under the age of eighteen #45$years.

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#d$ 3hild at /isk3 refers to a child who is vulnerable to and atthe risk of coitting criinal offenses because of !ersonal,faily and social circustances, such as, but not liited to,the following:

#4$ being abused by any !erson through se'ual, !hysical,!sychological, ental, econoic or any other eans andthe !arents or guardian refuse, are unwilling, or unable to!rovide !rotection for the child6

#7$ being e'!loited including se'ually or econoically6

#8$ being abandoned or neglected, and after diligent

search and in9uiry, the !arent or guardian cannot befound6

#*$ coing fro a dysfunctional or broken faily orwithout a !arent or guardian6

#$ being out of school6

#;$ being a streetchild6

#<$ being a eber of a gang6

#5$ living in a counity with a high level of criinality ordrug abuse6 and

#=$ living in situations of ared conflict.

#e$ 3hild in onflict with the >aw3 refers to a child who isalleged as, accused of, or ad)udged as, having coitted an

offense under &hili!!ine laws.

#f$ 3ounity-based &rogras3 refers to the !rogras!rovided in a counity setting develo!ed for !ur!oses ofintervention and diversion, as well as rehabilitation of the child

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in conflict with the law, for reintegration into his(her failyand(or counity.

#g$ 3ourt3 refers to a faily court or, in !laces where there are

no faily courts, any regional trial court.

#h$ 3?e!rivation of >iberty3 refers to any for of detention ori!risonent, or to the !laceent of a child in conflict with thelaw in a !ublic or !rivate custodial setting, fro which the childin conflict with the law is not !eritted to leave at will by orderof any )udicial or adinistrative authority.

#i$ 3?iversion3 refers to an alternative, child-a!!ro!riate

!rocess of deterining the res!onsibility and treatent of achild in conflict with the law on the basis of his(her social,cultural, econoic, !sychological or educational backgroundwithout resorting to foral court !roceedings.

#)$ 3?iversion &rogra3 refers to the !rogra that the child inconflict with the law is re9uired to undergo after he(she isfound res!onsible for an offense without resorting to foralcourt !roceedings.

#k$ 3Initial ontact 1ith-the hild3 refers to the a!!rehensionor taking into custody of a child in conflict with the law by lawenforceent officers or !rivate citi%ens. It includes the tiewhen the child alleged to be in conflict with the law receives asub!oena under "ection 8#b$ of /ule 447 of the /evised /ulesof riinal &rocedure or suons under "ection ;#a$ or"ection =#b$ of the sae /ule in cases that do not re9uire!reliinary investigation or where there is no necessity to

!lace the child alleged to be in conflict with the law underiediate custody.

#I$ 3Intervention3 refers to a series of activities which aredesigned to address issues that caused the child to coit anoffense. It ay take the for of an individuali%ed treatent

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!rogra which ay include counseling, skills training,education, and other activities that will enhance his(her!sychological, eotional and !sycho-social well-being.

#$ 3Juvenile Justice and 1elfare "yste3 refers to a systedealing with children at risk and children in conflict with thelaw, which !rovides child-a!!ro!riate !roceedings, including!rogras and services for !revention, diversion, rehabilitation,re-integration and aftercare to ensure their noral growth anddevelo!ent.

#n$ 3>aw @nforceent fficer3 refers to the !erson in authorityor his(her agent as defined in Article 47 of the /evised &enal

ode, including a barangay tanod.

#+$ 3ffense3 refers to any act or oission whether !unishableunder s!ecial laws or the /evised &enal ode, as aended.

#!$ 3/ecogni%ance3 refers to an undertaking in lieu of a bondassued by a !arent or custodian who shall be res!onsible forthe a!!earance in court of the child in conflict with the law,when re9uired.

#9$ 3/estorative Justice3 refers to a !rinci!le which re9uires a!rocess of resolving conflicts with the a'iu involveent ofthe victi, the offender and the counity. It seeks to obtainre!aration for the victi6 reconciliation of the offender, theoffended and the counity6 and reassurance to the offenderthat he(she can be reintegrated into society. It also enhances!ublic safety by activating the offender, the victi and thecounity in !revention strategies.

#r$ 3"tatus ffenses3 refers to offenses which discriinate onlyagainst a child, while an adult does not suffer any !enalty forcoitting siilar acts. These shall include curfew violations6truancy, !arental disobedience and the like.

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#s$ 3outh ?etention Coe3 refers to a 7*-hour child-caringinstitution anaged by accredited local governent units#>Ds$ and licensed and(or accredited nongovernentorgani%ations #Ds$ !roviding short-ter residential care for

children in conflict with the law who are awaiting courtdis!osition of their cases or transfer to other agencies or

)urisdiction.

#t$ 3outh /ehabilitation enter3 refers to a 7*-hour residentialcare facility anaged by the ?e!artent of "ocial 1elfare and?evelo!ent #?"1?$, >Ds, licensed and(or accreditedDs onitored by the ?"1?, which !rovides care,treatent and rehabilitation services for children in conflict with

the law. /ehabilitation services are !rovided under theguidance of a trained staff where residents are cared for undera structured thera!eutic environent with the end view ofreintegrating the into their failies and counities associally functioning individuals. &hysical obility of residents ofsaid centers ay be restricted !ending court dis!osition of thecharges against the.

#u$ 3Eictiless ries3 refers to offenses where there is no!rivate offended !arty.

C"APTER 1PR!NC!PES !N T"E A)%!N!STRAT!$N $+ '(&EN!E '(ST!CE

AN) *E+ARE

SEC. . Rights of the Child in Conflict with the Law. - @very childin conflict with the law shall have the following rights, including butnot liited to:

#a$ the right not to be sub)ected to torture or other cruel,inhuan or degrading treatent or !unishent6

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#b$ the right not to be i!osed a sentence of ca!ital!unishent or life i!risonent, without the !ossibility ofrelease6

#c$ the right not to be de!rived, unlawfully or arbitrarily, ofhis(her liberty6 detention or i!risonent being a dis!osition oflast resort, and which shall be for the shortest a!!ro!riate!eriod of tie6

#d$ the right to be treated with huanity and res!ect, for theinherent dignity of the !erson, and in a anner which takesinto account the needs of a !erson of his(her age. In !articular,a child de!rived of liberty shall be se!arated fro adult

offenders at all ties. o child shall be detained together withadult offenders. Ce("he shall be conveyed se!arately to orfro court. Ce("he shall await hearing of his(her own case in ase!arate holding area. A child in conflict with the law shallhave the right to aintain contact with his(her faily throughcorres!ondence and visits, save in e'ce!tional circustances6

#e$ the right to !ro!t access to legal and other a!!ro!riateassistance, as well as the right to challenge the legality of the

de!rivation of his(her liberty before a court or other co!etent,inde!endent and i!artial authority, and to a !ro!t decisionon such action6

#f$ the right to bail and recogni%ance, in a!!ro!riate cases6

#g$ the right to testify as a witness in hid(her own behalf underthe rule on e'aination of a child witness6

#h$ the right to have his(her !rivacy res!ected fully at all stagesof the !roceedings6

#i$ the right to diversion if he(she is 9ualified and voluntarilyavails of the sae6

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#)$ the right to be i!osed a )udgent in !ro!ortion to thegravity of the offense where his(her best interest, the rights ofthe victi and the needs of society are all taken intoconsideration by the court, under the !rinci!le of restorative

)ustice6

#k$ the right to have restrictions on his(her !ersonal libertyliited to the iniu, and where discretion is given by law tothe )udge to deterine whether to i!ose fine ori!risonent, the i!osition of fine being !referred as theore a!!ro!riate !enalty6

#I$ in general, the right to autoatic sus!ension of sentence6

#$ the right to !robation as an alternative to i!risonent, if9ualified under the &robation >aw6

#n$ the right to be free fro liability for !er)ury, concealent orisre!resentation6 and

#o$ other rights as !rovided for under e'isting laws, rules andregulations.

The "tate further ado!ts the !rovisions of the nited ations"tandard Miniu /ules for the Adinistration of Juvenile Justiceor 3Bei)ing /ules3, nited ations Duidelines for the &revention ofJuvenile ?elin9uency or the 3/iyadh Duidelines3, and the nitedations /ules for the &rotection of Juveniles ?e!rived of >iberty.

SEC. . Minimum Age of Criminal Responsibility. - A child fifteen#4$ years of age or under at the tie of the coission of the

offense shall be e'e!t fro criinal liability. Cowever, the childshall be sub)ected to an intervention !rogra !ursuant to "ection7+ of this Act.

A child above fifteen #4$ years but below eighteen #45$ years ofage shall likewise be e'e!t fro criinal liability and be sub)ectedto an intervention !rogra, unless he(she has acted with

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discernent, in which case, such child shall be sub)ected to thea!!ro!riate !roceedings in accordance with this Act.

The e'e!tion fro criinal liability herein established does not

include e'e!tion fro civil liability, which shall be enforced inaccordance with e'isting laws.

SEC. 5. Determination ofAge. - The child in conflict with the lawshall en)oy the !resu!tion of inority. Ce("he shall en)oy all therights of a child in conflict with the law until he(she is !roven to beeighteen #45$ years old or older. The age of a child ay bedeterined fro the child0s birth certificate, ba!tisal certificate orany other !ertinent docuents. In the absence of these docuents,

age ay be based on inforation fro the child hiself(herself,testionies of other !ersons, the !hysical a!!earance of the childand other relevant evidence. In case of doubt as to the age of thechild, it shall be resolved in his(her favor.

Any !erson contesting the age of the child in conflict with the law!rior to the filing of the inforation in any a!!ro!riate court ay filea case in a suary !roceeding for the deterination of age beforethe 2aily ourt which shall decide the case within twenty-four #7*$

hours fro recei!t of the a!!ro!riate !leadings of all interested!arties.

If a case has been fiied against the child in conflict with the law andis !ending in the a!!ro!riate court, the !erson shall file a otion todeterine the age of the child in the sae court where the case is!ending. &ending hearing on the said otion, !roceedings on theain case shall be sus!ended.

In all !roceedings, law enforceent officers, !rosecutors, )udgesand other governent officials concerned shall e'ert all efforts atdeterining the age of the child in conflict with the law.

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T!TE !!STR(CT(RES !N T"E A)%!N!STRAT!$N $+ '(&EN!E

'(ST!CE AN) *E+ARE

SEC. 6. u!enile ustice and "elfare Council #"C$. - AJuvenile Justice and 1elfare ouncil #JJ1$ is hereby created andattached to the ?e!artent of Justice and !laced under itsadinistrative su!ervision. The JJ1 shall be chaired by anundersecretary of the ?e!artent of "ocial 1elfare and?evelo!ent. It shall ensure the effective i!leentation of this Actand coordination aong the following agencies:

#a$ ouncil for the 1elfare of hildren #1$6

#b$ ?e!artent of @ducation #?e!@d$6

#c$ ?e!artent of the Interior and >ocal Dovernent #?I>D$6

#d$ &ublic Attorney0s ffice #&A$6

#e$ Bureau of orrections #B/$6

#f$ &arole and &robation Adinistration #&&A$

#g$ ational Bureau of Investigation #BI$6

#h$ &hili!!ine ational &olice #&&$6.

#i$ Bureau of Jail Manageent and &enology #BJM&$6

#i$ oission on Cuan /ights #C/$6

#k$ Technical @ducation and "kills ?evelo!ent Authority#T@"?A$6

#l$ ational outh oission #$6 and

#$ ther institutions focused on )uvenile )ustice andintervention !rogras.

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The JJ1 shall be co!osed of re!resentatives, whose ranks shallnot be lower than director, to be designated by the concerned headsof the following de!artents or agencies:

#a$ ?e!artent of Justice #?J$6

#b$ ?e!artent of "ocial 1elfare and ?evelo!ent #?"1?$6

#c$ ouncil for the 1elfare of hildren #1$

#d$ ?e!artent of @ducation #?e!@d$6

#e$ ?e!artent of the Interior and >ocal Dovernent #?I>D$

#f$ oission on Cuan /ights #C/$6

#g$ ational outh oission #$6 and

#h$ Two #7$ re!resentatives fro Ds, one to be designatedby the "ecretary of Justice and the other to be designated bythe "ecretary of "ocial 1elfare and ?evelo!ent.

The JJ1 shall convene within fifteen #4$ days fro the effectivity

of this Act. The "ecretary of Justice and the "ecretary of "ocial1elfare and ?evelo!ent shall deterine the organi%ationalstructure and staffing !attern of the JJ1.

The JJ1 shall coordinate with the ffice of the ourt Adinistrator and the &hili!!ine Judicial Acadey to ensure thereali%ation of its andate and the !ro!er discharge of its duties andfunctions, as herein !rovided.

SEC. 9. Duties and %unctions of the "C. - The JJ1 shallhave the following duties and functions:

#a$ To oversee the i!leentation of this Act6

#b$ To advise the &resident on all atters and !olicies relatingto )uvenile )ustice and welfare6

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#c$ To assist the concerned agencies in the review andredrafting of e'isting !olicies(regulations or in the forulationof new ones in line with the !rovisions of this Act6

#d$ To !eriodically develo! a co!rehensive 8 to -yearnational )uvenile intervention !rogra, with the !artici!ation ofgovernent agencies concerned, Ds and youthorgani%ations6

#e$ To coordinate the i!leentation of the )uvenileintervention !rogras and activities by national governentagencies and other activities which ay have an i!ortantbearing on the success of the entire national )uvenile

intervention !rogra. All !rogras relating to )uvenile )usticeand welfare shall be ado!ted in consultation with the JJ16

#f$ To forulate and recoend !olicies and strategies inconsultation with children for the !revention of )uveniledelin9uency and the adinistration of )ustice, as well as for thetreatent and rehabilitation of the children in conflict with thelaw6

#g$ To collect relevant inforation and conduct continuingresearch and su!!ort evaluations and studies on all attersrelating to )uvenile )ustice and welfare, such as but not liitedto:

#4$ the !erforance and results achieved by )uvenileintervention !rogras and by activities of the localgovernent units and other governent agencies6

#7$ the !eriodic trends, !robles and causes of )uveniledelin9uency and cries6 and

#8$ the !articular needs of children in conflict with the lawin custody.

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The data gathered shall be used by the JJ1 in thei!roveent of the adinistration of )uvenile )ustice andwelfare syste.

The JJ1 shall set u! a echanis to ensure that childrenare involved in research and !olicy develo!ent.

#h$ Through duly designated !ersons and with the assistanceof the agencies !rovided in the !receding section, to conductregular ins!ections in detention and rehabilitation facilities andto undertake s!ot ins!ections on their own initiative in order tocheck co!liance with the standards !rovided herein and toake the necessary recoendations to a!!ro!riate

agencies6

#i$ To initiate and coordinate the conduct of trainings for the!ersonnel of the agencies involved in the adinistration of the

)uvenile )ustice and welfare syste and the )uvenileintervention !rogra6

#)$ To subit an annual re!ort to the &resident on thei!leentation of this Act6 and

#k$ To !erfor such other functions as ay be necessary toi!leent the !rovisions of this Act.

SEC. 2. Policies and Procedures on u!enile ustice and"elfare. - All governent agencies enuerated in "ection 5 shall,with the assistance of the JJ1 and within one #4$ year fro theeffectivity of this Act, draft !olicies and !rocedures consistent withthe standards set in the law. These !olicies and !rocedures shall be

odified accordingly in consultation with the JJ1 u!on theco!letion of the national )uvenile intervention !rogra as !rovidedunder "ection = #d$.

SEC. . Child Rights Center #CRC$. - The e'isting hild /ightsenter of the oission on Cuan /ights shall ensure that the

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status, rights and interests of children are u!held in accordance withthe onstitution and international instruents on huan rights. TheC/ shall strengthen the onitoring of governent co!liance ofall treaty obligations, including the tiely and regular subission of

re!orts before the treaty bodies, as well as the i!leentation anddisseination of recoendations and conclusions by governentagencies as well as Ds and civil society.

T!TE !!!PRE&ENT!$N $+ '(&EN!E )E!N7(ENC,

C"APTER T"E R$E $+ T"E )!++ERENT SECT$RS

SEC. 1. The %amily. - The faily shall be res!onsible for the!riary nurturing and rearing of children which is critical indelin9uency !revention. As far as !racticable and in accordancewith the !rocedures of this Act, a child in conflict with the law shallbe aintained in his(her faily.

SEC. 3. The &ducational System. - @ducational institutions shallwork together with failies, counity organi%ations and agenciesin the !revention of )uvenile delin9uency and in the rehabilitationand reintegration of child in conflict with the law. "chools shall!rovide ade9uate, necessary and individuali%ed educationalschees for children anifesting difficult behavior and children inconflict with the law. In cases where children in conflict with the laware taken into custody or detained in rehabilitation centers, they

should be !rovided the o!!ortunity to continue learning under analternative learning syste with basic literacy !rogra or non-foral education accreditation e9uivalency syste.

SEC. 4. The Role of the Mass Media. - The ass edia shall!lay an active role in the !rootion of child rights, and delin9uency

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!revention by relaying consistent essages through a balanceda!!roach. Media !ractitioners shall, therefore, have the duty toaintain the highest critical and !rofessional standards in re!ortingand covering cases of children in conflict with the law. In all !ublicity

concerning children, the best interest of the child should be the!riordial and !araount concern. Any undue, ina!!ro!riate andsensationali%ed !ublicity of any case involving a child in conflict withthe law is hereby declared a violation of the child0s rights.

SEC. . &stablishment and Strengthening of Local Councilsfor the Protection of Children. - >ocal ouncils for the &rotectionof hildren #>&$ shall be established in all levels of localgovernent, and where they have already been established, they

shall be strengthened within one #4$ year fro the effectivity of this Act. Mebershi! in the >& shall be chosen fro aong theres!onsible ebers of the counity, including a re!resentativefro the youth sector, as well as re!resentatives fro governentand !rivate agencies concerned with the welfare of children.

The local council shall serve as the !riary agency to coordinatewith and assist the >D concerned for the ado!tion of aco!rehensive !lan on delin9uency !revention, and to oversee its!ro!er i!leentation.

ne !ercent #4F$ of the internal revenue allotent of barangays,unici!alities and cities shall be allocated for the strengthening andi!leentation of the !rogras of the >&: &rovided, That thedisburseent of the fund shall be ade by the >D concerned.

SEC. . Appointment of Local Social "elfare andDe!elopment 'fficer. - All >Ds shall a!!oint a duly licensedsocial worker as its local social welfare and develo!ent officertasked to assist children in conflict with the law.

SEC. 5. The Sangguniang (abataan. - The "angguniangGabataan #"G$ shall coordinate with the >& in the forulation

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and i!leentation of )uvenile intervention and diversion !rograsin the counity.

C"APTER 1

C$%PRE"ENS!&E '(&EN!E !NTER&ENT!$N PR$#RA%

SEC. 6. De!elopment of a Comprehensi!e u!enile)nter!ention Program. - A o!rehensive )uvenile intervention!rogra covering at least a 8-year !eriod shall be instituted in >Dsfro the barangay to the !rovincial level.

The >Ds shall set aside an aount necessary to i!leent theirres!ective )uvenile intervention !rogras in their annual budget.

The >Ds, in coordination with the >&, shall call on all sectorsconcerned, !articularly the child-focused institutions, Ds,!eo!le0s organi%ations, educational institutions and governentagencies involved in delin9uency !revention to !artici!ate in the!lanning !rocess and i!leentation of )uvenile intervention!rogras. "uch !rogras shall be i!leented consistent with thenational !rogra forulated and designed by the JJ1. Thei!leentation of the co!rehensive )uvenile intervention !rogra

shall be reviewed and assessed annually by the >Ds incoordination with the >&. /esults of the assessent shall besubitted by the !rovincial and city governents to the JJ1 notlater than March 8+ of every year.

SEC. 9. Community*based Programs on u!enile ustice and"elfare. - ounity-based !rogras on )uvenile )ustice andwelfare shall be instituted by the >Ds through the >&, school,youth organi%ations and other concerned agencies. The >Ds shall

!rovide counity-based services which res!ond to the s!ecialneeds, !robles, interests and concerns of children and which offera!!ro!riate counseling and guidance to the and their failies.These !rogras shall consist of three levels:

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#a$ &riary intervention includes general easures to !rootesocial )ustice and e9ual o!!ortunity, which tackle !erceivedroot causes of offending6

#b$ "econdary intervention includes easures to assistchildren at risk6 and

#c$ Tertiary intervention includes easures to avoidunnecessary contact with the foral )ustice syste and othereasures to !revent re-offending.

T!TE !&TREAT%ENT $+ C"!)REN BE$* T"E A#E $+ CR!%!NA

RESP$NS!B!!T,

SEC. 12. Children +elow the Age of Criminal Responsibility. - Ifit has been deterined that the child taken into custody is fifteen#4$ years old or below, the authority which will have an initialcontact with the child has the duty to iediately release the child

to the custody of his(her !arents or guardian, or in the absencethereof, the child0s nearest relative. "aid authority shall give noticeto the local social welfare and develo!ent officer who willdeterine the a!!ro!riate !rogras in consultation with the childand to the !erson having custody over the child. If the !arents,guardians or nearest relatives cannot be located, or if they refuse totake custody, the child ay be released to any of the following: aduly registered nongovernental or religious organi%ation6 abarangay official or a eber of the Barangay ouncil for the

&rotection of hildren #B&$6 a local social welfare anddevelo!ent officer6 or when and where a!!ro!riate, the ?"1?. Ifthe child referred to herein has been found by the >ocal "ocial1elfare and ?evelo!ent ffice to be abandoned, neglected orabused by his !arents, or in the event that the !arents will notco!ly with the !revention !rogra, the !ro!er !etition for

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involuntary coitent shall be filed by the ?"1? or the >ocal"ocial 1elfare and ?evelo!ent ffice !ursuant to &residential?ecree o. ;+8, otherwise ,known as 3The hild and outh 1elfareode3.

T!TE &'(&EN!E '(ST!CE AN) *E+ARE S,STE%

C"APTER !!N!T!A C$NTACT *!T" T"E C"!)

SEC. 1. Procedure for Ta,ing the Child into Custody. - 2rothe oent a child is taken into custody, the law enforceentofficer shall:

#a$ @'!lain to the child in si!le language and in a dialect thathe(she can understand why he(she is being !laced undercustody and the offense that he(she allegedly coitted6

#b$ Infor the child of the reason for such custody and advisethe child of his(her constitutional rights in a language or dialectunderstood by hi(her6

#e$ &ro!erly identify hiself(herself and !resent !ro!eridentification to the child6

#d$ /efrain fro using vulgar or !rofane words and frose'ually harassing or abusing, or aking se'ual advances on

the child in conflict with the law6#e$ Avoid dis!laying or using any firear, wea!on, handcuffsor other instruents of force or restraint, unless absolutelynecessary and only after all other ethods of control havebeen e'hausted and have failed6

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#f$ /efrain fro sub)ecting the child in conflict with the law togreater restraint than is necessary for his(her a!!rehension6

#g$ Avoid violence or unnecessary force6

#h$ ?eterine the age of the child !ursuant to "ection < of this Act6

#i$ Iediately but not later than eight #5$ hours aftera!!rehension, turn over custody of the child to the "ocial1elfare and ?evelo!ent ffice or other accredited Ds,and notify the child0s a!!rehension. The social welfare anddevelo!ent officer shall e'!lain to the child and the child0s

!arents(guardians the conse9uences of the child0s act with aview towards counseling and rehabilitation, diversion fro thecriinal )ustice syste, and re!aration, if a!!ro!riate6

#)$ Take the child iediately to the !ro!er edical and healthofficer for a thorough !hysical and ental e'aination. Thee'aination results shall be ke!t confidential unless otherwiseordered by the 2aily ourt. 1henever the edical treatentis re9uired, ste!s shall be iediately undertaken to !rovide

the sae6

#k$ @nsure that should detention of the child in conflict with thelaw be necessary, the child shall be secured in 9uartersse!arate fro that of the o!!osite se' and adult offenders6

#l$ /ecord the following in the initial investigation:

4. 1hether handcuffs or other instruents of restraint

were used, and if so, the reason for such6

7. That the !arents or guardian of a child, the ?"1?, andthe &A+ have been infored of the a!!rehension and thedetails thereof6 and

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8. The e'haustion of easures to deterine the age of achild and the !recise details of the !hysical and edicale'aination or the failure to subit a child to suche'aination6 and

#$ @nsure that all stateents signed by the child duringinvestigation shall be witnessed by the child0s !arents orguardian, social worker, or legal counsel in attendance whoshall affi' his(her signature to the said stateent.

A child in conflict with the law shall only be searched by a lawenforceent officer of the sae gender and shall not be locked u!in a detention cell.

SEC. 11. Duties During )nitial )n!estigation. - The lawenforceent officer shall, in his(her investigation, deterine wherethe case involving the child in conflict with the law should bereferred.

The taking of the stateent of the child shall be conducted in the!resence of the following: #4$ child0s counsel of choice or in theabsence thereof, a lawyer fro the &ublic Attorney0s ffice6 #7$ the

child0s !arents, guardian, or nearest relative, as the case ay be6and #8$ the local social welfare and develo!ent officer. In theabsence of the child0s !arents, guardian, or nearest relative, and thelocal social welfare and develo!ent officer, the investigation shallbe conducted in the !resence of a re!resentative of an D,religious grou!, or eber of the B&.

After the initial investigation, the local social worker conducting thesae ay do either of the following:

#a$ &roceed in accordance with "ection 7+ if the child is fifteen#4$ years or below or above fifteen #4$ but below eighteen#45$ years old, who acted without discernent6 and

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#b$ If the child is above fifteen #4$ years old but beloweighteen #45$ and who acted with discernent, !roceed todiversion under the following cha!ter.

C"APTER 1)!&ERS!$N

SEC. 13. System of Di!ersion. - hildren in conflict with the lawshall undergo diversion !rogras without undergoing court!roceedings sub)ect to the conditions herein !rovided:

#a$ 1here the i!osable !enalty for the crie coittee is notore than si' #;$ years i!risonent, the law enforceent

officer or &unong Barangay with the assistance of the localsocial welfare and develo!ent officer or other ebers ofthe >& shall conduct ediation, faily conferencing andconciliation and, where a!!ro!riate, ado!t indigenous odesof conflict resolution in accordance with the best interest of thechild with a view to acco!lishing the ob)ectives of restorative

)ustice and the forulation of a diversion !rogra. The childand his(her faily shall be !resent in these activities.

#b$ In victiless cries where the i!osable !enalty is notore than si' #;$ years i!risonent, the local social welfareand develo!ent officer shall eet with the child and his(her!arents or guardians for the develo!ent of the a!!ro!riatediversion and rehabilitation !rogra, in coordination with theB&6

#c$ 1here the i!osable !enalty for the crie coittede'ceeds si' #;$ years i!risonent, diversion easures ay

be resorted to only by the court.

SEC. 14. Stages "here Di!ersion May be Conducted. -?iversion ay be conducted at the Gatarungang &abarangay, the!olice investigation or the in9uest or !reliinary investigation stage

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and at all 4evels and !hases of the !roceedings including )udiciallevel.

SEC. 1. Conferencing- Mediation and Conciliation. - A child in

conflict with law ay undergo conferencing, ediation orconciliation outside the criinal )ustice syste or !rior to his entryinto said syste. A contract of diversion ay be entered into duringsuch conferencing, ediation or conciliation !roceedings.

SEC. 1. Contract of Di!ersion. - If during the conferencing,ediation or conciliation, the child voluntarily adits thecoission of the act, a diversion !rogra shall be develo!edwhen a!!ro!riate and desirable as deterined under "ection 8+.

"uch adission shall not be used against the child in anysubse9uent )udicial, 9uasi-)udicial or adinistrative !roceedings.The diversion !rogra shall be effective and binding if acce!ted bythe !arties concerned. The acce!tance shall be in writing andsigned by the !arties concerned and the a!!ro!riate authorities.The local social welfare and develo!ent officer shall su!ervise thei!leentation of the diversion !rogra. The diversion !roceedingsshall be co!leted within forty-five #*$ days. The !eriod of!rescri!tion of the offense shall be sus!ended until the co!letionof the diversion !roceedings but not to e'ceed forty-five #*$ days.

The child shall !resent hiself(herself to the co!etent authoritiesthat i!osed the diversion !rogra at least once a onth forre!orting and evaluation of the effectiveness of the !rogra.

2ailure to co!ly with the ters and conditions of the contract ofdiversion, as certified by the local social welfare and develo!entofficer, shall give the offended !arty the o!tion to institute thea!!ro!riate legal action.

The !eriod of !rescri!tion of the offense shall be sus!ended duringthe effectivity of the diversion !rogra, but not e'ceeding a !eriodof two #7$ years.

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SEC. 15. Duty of the Punong +arangay "hen There is oDi!ersion. - If the offense does not fall under "ection 78#a$ and #b$,or if the child, his(her !arents or guardian does not consent to adiversion, the &unong Barangay handling the case shall, within

three #8$ days fro deterination of the absence of )urisdiction overthe case or terination of the diversion !roceedings, as the caseay be, forward the records of the case of the child to the lawenforceent officer, !rosecutor or the a!!ro!riate court, as the caseay be. !on the issuance of the corres!onding docuent,certifying to the fact that no agreeent has been reached by the!arties, the case shall be filed according to the regular !rocess.

SEC. 16. Duty of the Law &nforcement 'fficer "hen There is

o Di!ersion. - If the offense does not fall under "ection 78#a$ and#b$, or if the child, his(her !arents or guardian does not consent to adiversion, the 1oen and hildren &rotection ?esk of the &&, orother law enforceent officer handling the case of the child undercustody, to the !rosecutor or )udge concerned for the conduct ofin9uest and(or !reliinary investigation to deterine whether or notthe child should reain under custody and corres!ondingly chargedin court. The docuent transitting said records shall dis!lay the

word 3CI>?3 in bold letters.

SEC. 19. %actors in Determining Di!ersion Program. - Indeterining whether diversion is a!!ro!riate and desirable, thefollowing factors shall be taken into consideration:

#a$ The nature and circustances of the offense charged6

#b$ The fre9uency and the severity of the act6

#c$ The circustances of the child #e.g. age, aturity,intelligence, etc.$6

#d$ The influence of the faily and environent on the growthof the child6

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#e$ The re!aration of in)ury to the victi6

#f$ The weight of the evidence against the child6

#g$ The safety of the counity6 and#h$ The best interest of the child.

SEC. 32. %ormulation of the Di!ersion Program. - In forulatinga diversion !rogra, the individual characteristics and the !eculiarcircustances of the child in conflict with the law shall be used toforulate an individuali%ed treatent.

The following factors shall be considered in forulating a diversion!rogra for the child:

#a$ The child0s feelings of reorse for the offense he(shecoitted6

#b$ The !arents0 or legal guardians0 ability to guide andsu!ervise the child6

#c$ The victi0s view about the !ro!riety of the easures to be

i!osed6 and

#d$ The availability of counity-based !rogras forrehabilitation and reintegration of the child.

SEC. 3. (inds of Di!ersion Programs. - The diversion !rograshall include ade9uate socio-cultural and !sychological res!onsesand services for the child. At the different stages where diversionay be resorted to, the following diversion !rogras ay be agreed

u!on, such as, but not liited to:

#a$ At the level of the &unong Barangay:

#4$ /estitution of !ro!erty6

#7$ /e!aration of the daage caused6

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#8$ Indenification for conse9uential daages6

#*$ 1ritten or oral a!ology6

#$ are, guidance and su!ervision orders6#;$ ounseling for the child in conflict with the law and thechild0s faily6

#<$Attendance in trainings, seinars and lectures on:

#i$ anger anageent skills6

#ii$ !roble solving and(or conflict resolution skills6

#iii$ values foration6 and

#iv$ other skills which will aid the child in dealing withsituations which can lead to re!etition of theoffense6

#5$ &artici!ation in available counity-based !rogras,including counity service6 or

#=$ &artici!ation in education, vocation and life skills!rogras.

#b$ At the level of the law enforceent officer and the!rosecutor:

#4$ ?iversion !rogras s!ecified under !aragra!hs #a$#4$to #a$#=$ herein6 and

#7$ onfiscation and forfeiture of the !roceeds orinstruents of the crie6

#c$ At the level of the a!!ro!riate court:

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#4$ ?iversion !rogras s!ecified under !aragra!hs#a$and#b$ above6

#7$ 1ritten or oral re!riand or citation6

#8$ 2ine:

#*$ &ayent of the cost of the !roceedings6 or

#$ Institutional care and custody.

C"APTER 3PR$SEC(T!$N

SEC. 31. Duty of the Prosecutor/s 'ffice. - There shall be as!ecially trained !rosecutor to conduct in9uest, !reliinaryinvestigation and !rosecution of cases involving a child in conflictwith the law. If there is an allegation of torture or ill-treatent of achild in conflict with the law during arrest or detention, it shall be theduty of the !rosecutor to investigate the sae.

SEC. 33. Preliminary )n!estigation and %iling of )nformation. -The !rosecutor shall conduct a !reliinary investigation in thefollowing instances: #a$ when the child in conflict with the law doesnot 9ualify for diversion: #b$ when the child, his(her !arents orguardian does not agree to diversion as s!ecified in "ections 7<and 756 and #c$ when considering the assessent andrecoendation of the social worker, the !rosecutor deterinesthat diversion is not a!!ro!riate for the child in conflict with the law.

!on serving the sub!oena and the affidavit of co!laint, the

!rosecutor shall notify the &ublic Attorney0s ffice of such service,as well as the !ersonal inforation, and !lace of detention of thechild in conflict with the law.

!on deterination of !robable cause by the !rosecutor, theinforation against the child shall be filed before the 2aily ourt

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within forty-five #*$ days fro the start of the !reliinaryinvestigation.

C"APTER 4

C$(RT PR$CEE)!N#S

SEC. 34. +ail. - 2or !ur!oses of recoending the aount of bail,the !rivileged itigating circustance of inority shall beconsidered.

SEC. 3. Release on Recogni0ance. - 1here a child is detained,the court shall order:

#a$ the release of the inor on recogni%ance to his(her !arentsand other suitable !erson6

#b$ the release of the child in conflict with the law on bail6 or

#c$ the transfer of the inor to a youth detention hoe(youthrehabilitation center.

The court shall not order the detention of a child in a )ail !endingtrial or hearing of his(her case.

SEC. 3. Detention of the Child Pending Trial. - hildrendetained !ending trial ay be released on bail or recogni%ance as!rovided for under "ections 8* and 8 under this Act. In all othercases and whenever !ossible, detention !ending trial ay bere!laced by alternative easures, such as close su!ervision,intensive care or !laceent with a faily or in an educationalsetting or hoe. Institutionali%ation or detention of the child !ending

trial shall be used only as a easure of last resort and for theshortest !ossible !eriod of tie.

1henever detention is necessary, a child will always be detained inyouth detention hoes established by local governents, !ursuantto "ection 5 of the 2aily ourts Act, in the city or unici!alitywhere the child resides.

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In the absence of a youth detention hoe, the child in conflict withthe law ay be coitted to the care of the ?"1? or a localrehabilitation center recogni%ed by the governent in the !rovince,city or unici!ality within the )urisdiction of the court. The center or

agency concerned shall be res!onsible for the child0s a!!earance incourt whenever re9uired.

SEC. 35. Di!ersion Measures. - 1here the a'iu !enaltyi!osed by law for the offense with which the child in conflict withthe law is charged is i!risonent of not ore than twelve #47$years, regardless of the fine or fine alone regardless of the aount,and before arraignent of the child in conflict with the law, the courtshall deterine whether or not diversion is a!!ro!riate.

SEC. 36. Automatic Suspension of Sentence. - nce the childwho is under eighteen #45$ years of age at the tie of thecoission of the offense is found guilty of the offense charged, thecourt shall deterine and ascertain any civil liability which ay haveresulted fro the offense coitted. Cowever, instead of!ronouncing the )udgent of conviction, the court shall !lace thechild in conflict with the law under sus!ended sentence, withoutneed of a!!lication: Provided , however , That sus!ension ofsentence shall still be a!!lied even if the )uvenile is alreadyeighteen years #45$ of age or ore at the tie of the!ronounceent of his(her guilt.

!on sus!ension of sentence and after considering the variouschcustances of the child, the court shall i!ose the a!!ro!riatedis!osition easures as !rovided in the "u!ree ourt /ule onJuveniles in onflict with the >aw.

SEC. 39. Discharge of the Child in Conflict with the Law. - !onthe recoendation of the social worker who has custody of thechild, the court shall disiss the case against the child whosesentence has been sus!ended and against who dis!ositioneasures have been issued, and shall order the final discharge of

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the child if it finds that the ob)ective of the dis!osition easureshave been fulfilled.

The discharge of the child in conflict with the law shall not affect the

civil liability resulting fro the coission of the offense, whichshall be enforced in accordance with law.

SEC. 42. Return of the Child in Conflict with the Law to Court. -If the court finds that the ob)ective of the dis!osition easuresi!osed u!on the child in conflict with the law have not beenfulfilled, or if the child in conflict with the law has willfully failed toco!ly with the conditions of his(her dis!osition or rehabilitation!rogra, the child in conflict with the law shall be brought before the

court for e'ecution of )udgent.

If said child in conflict with the law has reached eighteen #45$ yearsof age while under sus!ended sentence, the court shall deterinewhether to discharge the child in accordance with this Act, to ordere'ecution of sentence, or to e'tend the sus!ended sentence for acertain s!ecified !eriod or until the child reaches the a'iu ageof twenty-one #74$ years.

SEC. 4. Credit in Ser!ice of Sentence. - The child in conflict withthe law shall be credited in the services of his(her sentence with thefull tie s!ent in actual coitent and detention under this Act.

SEC. 41. Probation as an Alternati!e to )mprisonment. - Thecourt ay, after it shall have convicted and sentenced a child inconflict with the law, and u!on a!!lication at any tie, !lace thechild on !robation in lieu of service of his(her sentence taking intoaccount the best interest of the child. 2or this !ur!ose, "ection * of

&residential ?ecree o. =;5, otherwise known as the 3&robation>aw of 4=<;3, is hereby aended accordingly.

C"APTER C$N+!)ENT!A!T, $+ REC$R)S AN) PR$CEE)!N#S

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SEC. 43. Confedentiality of Records and Proceedings. - Allrecords and !roceedings involving children in conflict with the lawfro initial contact until final dis!osition of the case shall beconsidered !rivileged and confidential. The !ublic shall be e'cluded

during the !roceedings and the records shall not be discloseddirectly or indirectly to anyone by any of the !arties or the!artici!ants in the !roceedings for any !ur!ose whatsoever, e'ce!tto deterine if the child in conflict with the law ay have his(hessentence sus!ended or if he(she ay be granted !robation underthe &robation >aw, or to enforce the civil liability i!osed in thecriinal action.

The co!onent authorities shall undertake all easures to !rotect

this confidentiality of !roceedings, including non-disclosure ofrecords to the edia, aintaining a se!arate !olice blotter for casesinvolving children in conflict with the law and ado!ting a syste ofcoding to conceal aterial inforation which will lead to the child0sidentity. /ecords of a child in conflict with the law shall not be usedin subse9uent !roceedings for cases involving the sae offender asan adult, e'ce!t when beneficial for the offender and u!on his(herwritten consent.

A !erson who has been in conflict with the law as a child shall notbe held under any !rovision of law, to be guilty of !er)ury or ofconcealent or isre!resentation by reason of his(her failure toacknowledge the case or recite any fact related thereto in res!onseto any in9uiry ade to hi(her for any !ur!ose.

T!TE &!RE"AB!!TAT!$N AN) RE!NTE#RAT!$N

SEC. 44. 'b1ecti!e of Rehabilitation and Reintegration. - Theob)ective of rehabilitation and reintegration of children in conflict withthe law is to !rovide the with interventions, a!!roaches and

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strategies that will enable the to i!rove their social functioningwith the end goal of reintegration to their failies and as !roductiveebers of their counities.

SEC. 4. Court 'rder Re2uired. - o child shall be received in anyrehabilitation or training facility without a valid order issued by thecourt after a hearing for the !ur!ose. The details of this order shallbe iediately entered in a register e'clusively for children inconflict with the law. o child shall be aditted in any facility wherethere is no such register.

SEC. 4- Separate %acilities from Adults. - In all rehabilitation ortraining facilities, it shall be andatory that children shall be

se!arated fro adults unless they are ebers of the sae faily.nder no other circustance shall a child in conflict with the law be!laced in the sae confineent as adults.

The rehabilitation, training or confineent area of children in conflictwith the law shall !rovide a hoe environent where children inconflict with the law can be !rovided with 9uality counseling andtreatent.

SEC. 45. %emale Children. - 2eale children in conflict with thelaw !laced in an institution shall be given s!ecial attention as totheir !ersonal needs and !robles. They shall be handled byfeale doctors, correction officers and social workers, and shall beaccoodated se!arately fro ale children in conflict with thelaw.

SEC. 46. 3ender*Sensiti!ity Training. - o !ersonnel ofrehabilitation and training facilities shall handle children in conflict

with the law without having undergone gender sensitivity training.

SEC. 49. &stablishment of 4outh Detention 5omes. - The >Dsshall set aside an aount to build youth detention hoes asandated by the 2aily ourts Act. outh detention hoes ay

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also be established by !rivate and Ds licensed and accreditedby the ?"1?, in consultation with the JJ1.

SEC. 2. Care and Maintenance of the Child in Conflict with the

Law. - The e'!enses for the care and aintenance of a child inconflict with the law under institutional care shall be borne by his(her!arents or those !ersons liable to su!!ort hi(her: Provided , That incase his(her !arents or those !ersons liable to su!!ort hi(hercannot !ay all or !art of said e'!enses, the unici!ality where theoffense was coitted shall !ay one-third #4(8$ of said e'!enses or!art thereof6 the !rovince to which the unici!ality belongs shall!ay one-third #4(8$ and the reaining one-third #4(8$ shall be borneby the national governent. hartered cities shall !ay two-thirds

#7(8$ of said e'!enses6 and in case a chartered city cannot !ay saide'!enses, !art of the internal revenue allotents a!!licable to theun!aid !ortion shall be withheld and a!!lied to the settleent ofsaid obligations:Provided , further , That in the event that the child inconflict with the law is not a resident of the unici!ality(city wherethe offense was coitted, the court, u!on its deterination, ayre9uire the city(unici!ality where the child in conflict with the lawresides to shoulder the cost.

All city and !rovincial governents ust e'ert effort for theiediate establishent of local detention hoes for children inconflict with the law.

SEC. . Confinement of Con!icted Children in AgriculturalCamps and other Training %acilities. - A child

in conflict with the law ay, after conviction and u!on order of thecourt, be ade to serve his(her sentence, in lieu of confineent in aregular !enal institution, in an agricultural ca! and other trainingfacilities that ay be established, aintained, su!ervised andcontrolled by the B/, in coordination with the ?"1?.

SEC. 1. Rehabilitation of Children in Conflict with the Law. -hildren in conflict with the law, whose sentences are sus!ended

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ay, u!on order of the court, undergo any or a cobination ofdis!osition easures best suited to the rehabilitation and welfare ofthe child as !rovided in the "u!ree ourt /ule on Juveniles inonflict with the >aw.

If the counity-based rehabilitation is availed of by a child inconflict with the law, he(she shall be released to !arents, guardians,relatives or any other res!onsible !erson in the counity. nderthe su!ervision and guidance of the local social welfare anddevelo!ent officer, and in coordination with his(her!arents(guardian, the child in conflict with the law shall !artici!ate incounity-based !rogras, which shall include, but not liited to:

#4$ o!etency and life skills develo!ent6

#7$ "ocio-cultural and recreational activities6

#8$ ounity volunteer !ro)ects6

#*$ >eadershi! training6

#$ "ocial services6

#;$ Coelife services6

#<$ Cealth services6 .

#5$ "!iritual enrichent6 and

#=$ ounity and faily welfare services.

In accordance therewith, the faily of the child in conflict with the

law shall endeavor to actively !artici!ate in the counity-basedrehabilitation.

Based on the !rogress of the youth in the counity, a final re!ortwill be forwarded by the local social welfare and develo!ent officerto the court for final dis!osition of the case.

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If the counity-based !rogras are !rovided as diversioneasures under ha!ter II, Title E, the !rogras enueratedabove shall be ade available to the child in conflict with the law.

SEC. 3. 4outh Rehabilitation Center. - The youth rehabilitationcenter shall !rovide 7*-hour grou! care, treatent and rehabilitationservices under the guidance of a trained staff where residents arecared for under a structured thera!eutic environent with the endview of reintegrating the in their failies and counities associally functioning individuals. A 9uarterly re!ort shall be subittedby the center to the !ro!er court on the !rogress of the children inconflict with the law. Based on the !rogress of the youth in thecenter, a final re!ort will be forwarded to the court for final

dis!osition of the case. The ?"1? shall establish youthrehabilitation centers in each region of the country.

SEC. 4. 'b1ecti!es of Community +ased Programs. - Theob)ectives of counity-based !rogras are as follows:

#a$ &revent disru!tion in the education or eans of livelihoodof the child in conflict with the law in case he(she is studying,working or attending vocational learning institutions6

#b$ &revent se!aration of the child in conflict with the law frohis(her !arents(guardians to aintain the su!!ort systefostered by their relationshi! and to create greater awarenessof their utual and reci!rocal res!onsibilities6

#c$ 2acilitate the rehabilitation and ainstreaing of the childin conflict with the law and encourage counity su!!ort andinvolveent6 and

#d$ Minii%e the stiga that attaches to the child in conflictwith the law by !reventing )ail detention.

SEC. . Criteria of Community*+ased Programs. - @very >Dshall establish counity-based !rogras that will focus on the

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rehabilitation and reintegration of the child. All !rogras shall eetthe criteria to be established by the JJ1 which shall take intoaccount the !ur!ose of the !rogra, the need for the consent of thechild and his(her !arents or legal guardians, and the !artici!ation of

the child-centered agencies whether !ublic or !rivate.

SEC. . After*Care Support Ser!ices for Children in Conflictwith the Law. - hildren in conflict with the law whose cases havebeen disissed by the !ro!er court because of good behavior as!er recoendation of the ?"1? social worker and(or anyaccredited D youth rehabilitation center shall be !rovided after-care services by the local social welfare and develo!ent officer fora !eriod of at least si' #;$ onths. The service includes counseling

and other counity-based services designed to facilitate socialreintegration, !revent re-offending and ake the children !roductiveebers of the counity.

T!TE &!!#ENERA PR$&!S!$NS

C"APTER E8E%PT!N# PR$&!S!$NS

SEC. 67. Status 'ffenees. - Any conduct not considered anoffense or not !enali%ed if coitted by an adult shall not beconsidered an offense and shall not be !unished if coitted by achild.

SEC. 68. 'ffenses ot Applicable to Children. - &ersons beloweighteen #45$ years of age shall be e'e!t fro !rosecution for thecrie of vagrancy and !rostitution under "ection 7+7 of the /evised&enal ode, of endicancy under &residential ?ecree o. 4;8,and sniffing of rugby under &residential ?ecree o. 4;4=, such!rosecution being inconsistent with the nited ations onvention

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on the /ights of the hild: Provided , That said !ersons shallundergo a!!ro!riate counseling and treatent !rogra.

SEC. 69. &:emption from the Application of Death Penalty. -

The !rovisions of the /evised &enal ode, as aended, /e!ublic Act o. =4;, otherwise known as the o!rehensive ?angerous?rugs Act of 7++7, and other s!ecial laws notwithstanding, no death!enalty shall be i!osed u!on children in conflict with the law.

C"APTER 1PR$"!B!TE) ACTS

SEC. ;<. Prohibition Against Labeling and Shaming. - In the

conduct of the !roceedings beginning fro the initial contact withthe child, the co!etent authorities ust refrain fro branding orlabeling children as young criinals, )uvenile delin9uents,!rostitutes or attaching to the in any anner any other derogatorynaes. >ikewise, no discriinatory rearks and !ractices shall beallowed !articularly with res!ect to the child0s class or ethnic origin.

SEC. ;=. 'ther Prohibited Acts. - The following and any othersiilar acts shall be considered !re)udicial and detriental to the

!sychological, eotional, social, s!iritual, oral and !hysical healthand well-being of the child in conflict with the law and therefore,!rohibited:

#a$ @!loyent of threats of whatever kind and nature6

#b$ @!loyent of abusive, coercive and !unitive easuressuch as cursing, beating, stri!!ing, and solitary confineent6

#c$ @!loyent of degrading, inhuan end cruel fors of!unishent such as shaving the heads, !ouring irritating,corrosive or harful substances over the body of the child inconflict with the law, or forcing hi(her to walk around thecounity wearing signs which ebarrass, huiliate, anddegrade his(her !ersonality and dignity6 and

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#d$ o!elling the child to !erfor involuntary servitude in anyand all fors under any and all instances.

C"APTER 3

PENA PR$&!S!$N

SEC. ;>. ?iolation of the Pro!isions of this Act or Rules orRegulations in 3eneral. - Any !erson who violates any !rovision ofthis Act or any rule or regulation !roulgated in accordance thereofshall, u!on conviction for each act or oission, be !unished by afine of not less than Twenty thousand !esos #&7+,+++.++$ but notore than 2ifty thousand !esos #&+,+++.++$ or sufferi!risonent of not less than eight #5$ years but not ore than ten

#4+$ years, or both such fine and i!risonent at the discretion ofthe court, unless a higher !enalty is !rovided for in the /evised&enal ode or s!ecial laws. If the offender is a !ublic officer ore!loyee, he(she shall, in addition to such fine and(ori!risonent, be held adinistratively liable and shall suffer the!enalty of !er!etual absolute dis9ualification.

C"APTER 4APPR$PR!AT!$N PR$&!S!$N

SEC. 3. Appropriations. - The aount necessary to carry out theinitial i!leentation of this Act shall be charged to the ffice of the&resident. Thereafter, such sus as ay be necessary for thecontinued i!leentation of this Act shall be included in thesucceeding Deneral A!!ro!riations Act.

An initial aount of 2ifty illion !esos #&+,+++,+++.++$ for the!ur!ose of setting u! the JJ1 shall be taken fro the !roceeds of

the &hili!!ine harity "wee!stakes ffice.

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T!TE &!!!TRANS!T$R, PR$&!S!$NS

SEC. 4. Children in Conflict with the Law %ifteen #=6$ 4ears

'ld and +elow. - !on effectivity of this Act, cases of childrenfifteen #4$ years old and below at the tie of the coission of thecrie shall iediately be disissed and the child shall be referredto the a!!ro!riate local social welfare and develo!ent officer."uch officer, u!on thorough assessent of the child, shalldeterine whether to release the child to the custody of his(her!arents, or refer the child to !revention !rogras as !rovided underthis Act. Those with sus!ended sentences and undergoingrehabilitation at the youth rehabilitation center shall likewise be

released, unless it is contrary to the best interest of the child.

SEC. . Children Detained Pending Dial. - If the child is detained!ending trial, the 2aily ourt shall also deterine whether or notcontinued detention is necessary and, if not, deterine a!!ro!riatealternatives for detention.

If detention is necessary and he(she is detained with adults, thecourt shall iediately order the transfer of the child to a youth

detention hoe.

SEC. . )n!entory of @Loc,ed*up@ and Detained Children inConflict with the Law. - The &&, the BJM& and the B/ arehereby directed to subit to the JJ1, within ninety #=+$ days frothe effectivity of this Act, an inventory of all children in conflict withthe law under their custody.

SEC. 5. Children "ho Reach the Age of &ighteen #=8$ 4ears

Pending Di!ersion and Court Proceedings. - If a child reachesthe age of eighteen #45$ years !ending diversion and court!roceedings, the a!!ro!riate diversion authority in consultation withthe local social welfare and develo!ent officer or the 2aily ourtin consultation with the "ocial "ervices and ounseling ?ivision#""?$ of the "u!ree ourt, as the case ay be, shall deterine

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the a!!ro!riate dis!osition. In case the a!!ro!riate court e'ecutesthe )udgent of conviction, and unless the child in conflict the lawhas already availed of !robation under &residential ?ecree o. ;+8or other siilar laws, the child ay a!!ly for !robation if 9ualified

under the !rovisions of the &robation >aw.

SEC. 6. Children "ho 5a!e +een Con!icted and are Ser!ingSentence. - &ersons who have been convicted and are servingsentence at the tie of the effectivity of this Act, and who werebelow the age of eighteen #45$ years at the tie the coission ofthe offense for which they were convicted and are serving sentence,shall likewise benefit fro the retroactive a!!lication of this Act.They shall be entitled to a!!ro!riate dis!ositions !rovided under this

Act and their sentences shall be ad)usted accordingly. They shall beiediately released if they are so 9ualified under this Act or othera!!licable law.

T!TE !8+!NA PR$&!S!$NS

SEC. 9. Rule Ma,ing Power. - The JJ1 shall issue the I//s forthe i!leentation of the !rovisions of this act within ninety #=+$days fro the effectivity thereof.

SEC. 52. Separability Clause. - If, for any reason, any section or!rovision of this Act is declared unconstitutional or invalid by the"u!ree ourt, the other sections or !rovisions hereof not dfectedby such declaration shall reain in force and effect.

SEC. 5. Repealing Clause. - All e'isting laws, orders, decrees,rules and regulations or !arts thereof inconsistent with the!rovisions of this Act are hereby re!ealed or odified accordingly.

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SEC. 51. &ffecti!ity. - This Act shall take effect after fifteen #4$days fro its !ublication in at least two #7$ national news!a!ers ofgeneral circulation.

A!!roved,

+RAN!N )R!$N&resident of the "enate

'$SE )E &ENEC!A 'R."!eaker of the Couse of

/e!resentatives

This Act which is a consolidation of "enate Bill o. 4*+7 and CouseBill o. +; was finally !assed by the "enate and the Couse of/e!resentatives on March 77, 7++;.

$SCAR #. ,ABES"ecretary of "enate

R$BERT$ P.NA:AREN$

"ecretary DeneralCouse of

/e!resenatives

A!!roved: A!ril 75, 7++;

#$R!A %ACAPA#A;ARR$,$President of the Philippines

R.A 9344.doc

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