Briefing Paper On The Juvenile Justice and Welfare Act of 2006 (R.A.9344)

Briefing Paper on the Juvenile Justice and Welfare Act of
2006 (R.A.9344)
The enactment in 2006 of the Juvenile Justice and Welfare Act (also known as Republic Act 9344) was a
progressive step towards a more restorative and child-oriented juvenile justice system. It is in consonance with
the United Nations Convention on the Right of the Child (UN CRC) when promoting the child´s reintegration
and constructive role in society.
The old and stigmatizing terminologies as “youthful offender” was changed in accordance with international
laws and guidelines to “child in conflict with law”(CICL) to avoid labeling – which only contributes to the
development of a consistent pattern of undesirable behavior.
RA 9344 acknowledges the fact that most of the CICL have no proof of age by presuming minority until
otherwise proven.
The Act says that children 15 years of age and under are exempt from criminal liability and those above 15
(plus one day) and below 18 years of age are exempt unless they act with discernment -which is defined as the
mental capacity to understand the difference between right and wrong and its consequences. A CICL who is 15
years or younger may be held civilly liable and has to undergo an intervention program, same as children that
are above 15 years and below 18 years and acted without discernment. Children above 15 and below 18 years
old who have committed a crime – with discernment – punishable with not more than 12 years of
imprisonment shall undergo diversion. Detention should only be considered as a last resort and only for the
shortest appropriate period. It should always be in youth detention homes.
If a child is under 18 years old during the time of commission and found guilty of the crime the judgments will
not be pronouncedyet and the sentence will be suspended – but not without limits.
RA 9344 decriminalizes offences, which discriminates only against a child as curfew violations, truancy and
parental disobedience and exempts children from crimes of vagrancy, prostitution, mendicancy and sniffing
rugby.
The implementation of the law relies in many aspects on the local government units. They also are mandated to
formulate a Comprehensive Juvenile Intervention Program.
To be in accordance with the Convention on the Rights of the Child (CRC), to which the Republic of the
Philippines has acceded to by signature and ratification, the principles of “the best interest of the child” (Art 3),
“non-discrimination” (Art 2), the “right to life and maximum survival and development” (Art 6) and “respect
for the child´s evolving capacities” (Art 5) have to be followed when setting the age of criminal liability.
Similarly, Rule 4 of the Beijing Rules by the Committee on the Rights of the Child urges that the absolute
minimum age should be 12 years and to further increase it to a higher age level and not to lower it. The
Committee argues that there should be a close relationship between the responsibility for criminal behavior and
social rights as marital status and civil majority. It also recommends not setting a lower level for serious
offences than for other crimes.
RA 9344 leads to the conclusion that it is considerable compliant with the CRC if implemented correctly.
Duterte says law enforcers have a hard time dealing with minors who violate the law because
the Juvenile Justice and Welfare Act only allows the police to turn over the suspects to social
workers
MANILA, Philippines – To prevent syndicates from using youth offenders to carry out
their criminal operations, Davao City Mayor Rodrigo Duterte wants to amend the
Juvenile Justice Law authored by former senator Francis “Kiko” Pangilinan.
Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006 provides that young
criminals aged 15 years old and below should not be imprisoned or punished even if
they commit a heinous crime.
Under the law, the Department of Social Welfare and Development (DSWD) is required
to determine whether a youth offender aged between 16 and 18 acted with discernment.
If the DSWD establishes that the youth offender acted without discernment, he or she is
put under the care of the department for “diversion” or “intervention”. If the crime was
done with discernment, the youth offender is referred to the prosecutor or judge.
In a press statement, Duterte said that most of the time, discernment is not proven and
law enforcers are left with no choice but to let the youth offenders go scot-free. This
emboldens them to be more aggressive and commit more crimes because they know
that when they are apprehended, they will not be jailed anyway.
Duterte said that based on his experience, law enforcers have a hard time dealing with
minors who violate the law because the Juvenile Justice and Welfare Act only allows
the police to turn over the suspects to social workers.
In Davao City, two boys aged 14 and 16 were recently taken into custody for allegedly
killing a 15-year-old boy in Ecoland Subdivision. The victim was stabbed several times
and died while being treated at a nearby hospital.
Duterte said that should he seek the presidency, the amendment of the Juvenile Justice
law will be among the issues he will study.
He added that besides the faulty provision of the law, the primary problem is still
poverty. “Kung gutom ang isang tao, kakapit na 'yan sa patalim makakuha lang ng
panlaman sa tiyan,” Duterte said. (When a person is hungry, he will do desperate things
just to satisfy his hunger.)

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