Republic Act No 9344
Republic Act No 9344
Republic Act No 9344
9344
Juvenile Justice and Welfare Act of 2006
TERESITA R. DOMINGO
Assistant Secretary for Legislative Affairs and
Acting Chairperson, Special Committee
for the Protection of Children
Child
a person under 18 years of age
a minor 15 years and below has no criminal responsibility at all;
Above 15 years but below 18 also has no criminal responsibility unless they acted with
discernment.
Diversion
an alternative, child-appropriate process of determining the responsibility and treatment of a child
in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings.
Intervention
A series of activities designed to address issues that caused the child to commit an offense.
In the event a CICL is apprehended or taken into custody by private citizens, the child shall be
immediately referred to the appropriate law enforcement officer for the child to undergo the proper
investigation.
Initial Investigation
It is the stage after initial contact when the law enforcement officer takes the statement of the
CICL.
The law enforcement officer shall make the initial investigation by taking the statement of the child:
1. in a language that the child understands
2. in a friendly and non-intimidating manner
3. in a separate room or place where the child is comfortable
4. privacy must be observed at all times
Thereafter, the CICL is turned over to the local/DSWD social worker for:
a. INTERVENTION – where the child is 15 years old or below
b. DETERMINATION OF DISCERNMENT – where the child is above 15 but below 18 years old
Intervention
Where the child is 15 and below in which case the social worker shall immediately turn over
the child to his parents/guardians and the appropriate intervention is determined in consultation with
the child and the parents/guardians.
If parents/guardians could not be located, the child may be released to a
(1) Registered Non-Governmental or Religious organization;
(2) Member of a Barangay Council for the Protection of Children (BCPC),
(3) Local social worker; and
(4) in the absence of the enumeration, to the DSWD
Discernment
DISCERNMENT - where the child is over 15 but below 18 who acted:
• Without discernment – for intervention
• With discernment – for diversion provided the imposable penalty for crime committed is not more
than 6 years
Conduct of Diversion
Diversion may be conducted at the –
A. Katarungan Pambarangay by the Punong Barangay
B. Police Investigation by the law enforcer/police
C. Inquest or Preliminary Investigation where imposable penalty for the crime is not more than 6
years by the prosecutor.
D. Otherwise, where imposable penalty is more than 6 but does not exceed 12 years, diversion may
be conducted only at the court level by the judge.
The officer conducting the diversion proceedings shall:
A. explains to the parties the objectives and value of diversion and consequences of not undergoing
diversion;
B. Ask the child the circumstances which led him to the commission of the offense, his motives or
purpose;
C. takes the personal circumstances of the child including that of his parents and family;
D. makes the child understand the consequences of his act and his corresponding responsibilities
there for;
E. Ensure that the child understands and realizes his accountability, is remorseful and will take on the
responsibility of repairing the harm done.
Factors in the formulation of Diversion Program
1. Feelings of remorse
2. Ability of parents or legal guardians to guide and supervise;
3. Victim’s view about the propriety of the measure to be imposed ; and
4. Availability of community based programs for rehabilitation and reintegration of the child
3. COURT LEVEL
a. DPs specified under (1) (a) to (1) (g);
b. written or oral reprimand or citation
c. fine
d. payment of cost of proceedings or
e. institutional care and custody
Prosecutors
• When diversion is deemed terminated as earlier mentioned or that the CICL is over 15 and
under 18 years old who acted with discernment and the imposable penalty for the offense is
more than 6 years, the law enforcer shall refer the case to the prosecutor who, before
proceeding to preliminary investigation, shall still endeavor to arrive at an agreement to a diversion
• It shall be the duty of the prosecutor to notify the PAO and ensure that the child’s rights
have been protected such that it is incumbent upon him to investigate allegations of torture,
deprivation of or unnecessary restrictions on liberty, if any.
• Should there be a determination of probable cause; an information shall be filed before the
Family Court within 45 days from the start of the preliminary investigation.
Courts
• When the case reaches the court, it shall determine whether or not diversion is appropriate
provided that the imposable penalty on the offense charged is more than 6 but not more than 12
years imprisonment.
• Pending trial, the court may release children in detention on bail or recognizance. In all other
cases, detention may be replaced by alternative measures such as close supervision, intensive care
or placement with a family, educational setting or home. The child may be committed to the care of
the DSWD, local rehab center recognized by government.
• Once a child under 18 years at the time of the commission of the offense is found guilty,
sentence shall be automatically suspended.
• For convicted and sentenced CICL, the court may, upon application, place the child on
PROBATION in lieu of service.