The PROVISIONS of

REPUBLIC ACT 9344 or

The JUVENILE JUSTICE
AND WELFARE ACT of 2006
(includes Amendments by RA 10630)
This is about the case of Winnie:
Winnie is a recidivating minor since he was
twelve years old. He has been brought to the
Barangay Council for the past three years because
he cannot be jailed. He steals initially due to
poverty but now continues because of his
addiction to illegal substances.
This is also about the confusion of PB
Jose:
As head of an urbanizing
barangay, the cases of minors
violating local ordinances are not
new for him. But PB Jose is
unsure if he is doing the right
thing of managing minor
offenders.
Recently, he heard from his
fellow PBs that intervention and
diversion program for the same
offenders should be implemented
in the barangay level.
Reality Check: CICL in Pavia
Cases of Child-in-Conflict with the Law in Pavia
is rising for the past three years.
They are mostly first timers but recidivism
persist.
Most of them are male, out of school youth,
came from an impoverished family.
Offense committed: crime against property

Lecture will focus on:
Roles and responsibilities of Barangay
Officials in the implementation of RA
9344, particularly in the
institutionalization of community-based
diversion and intervention programs;
How to handle cases of CICLs and CARs?
Clarification of Terms:
CICL (child in conflict with law)

CAR (child at risk)

Diversion Program

Intervention Program
CICL
refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under
Philippine laws.

Child at Risk (CAR)
refers to a child who is vulnerable to and at the
risk of committing criminal offenses because of
personal, family and social circumstances.
Child at Risk (CAR): Whats putting
them at risk of offending?
(1) being abused by any person through sexual, physical,
psychological, mental, economic or any other means;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected,
(4) coming from a dysfunctional or broken family or
without a parent or 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.
Diversion Program
Refers to the program that the child in conflict
with the law is required to undergo after he/ she
is found responsible for, offense without
resorting to formal proceedings.

It prevents the child offenders from entering the
formal criminal justice system.

A typical component of the restorative approach
to justice.

Intervention Program

refers to a series of activities which are designed
to address issues that caused the child to commit
an offense.
It may take the form of an individualized
treatment program which may include
counseling, skills training, education, and other
activities that will enhance his/her
psychological, emotional and psycho-social well-
being.
Clarification of Terms:
Juvenile Justice 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, reintegration and
aftercare to ensure their normal growth and
development


RESTORATIVE JUSTICE as the basis of
the Juvenile Justice System:
Principle which requires a process of resolving
conflicts with the maximum involvement of the
victim, the offender and the community.

It seeks to obtain reparation for the victim;
reconciliation of the offender, the offended and
the community; and reassurance to the offender
that he/she can be reintegrated into society.
RESTORATIVE JUSTICE:
Enhancement of public safety by involving the
offender, the victim and the community in
prevention strategies.
It is one that presumes that children in conflict
with the law are themselves victims.

Salient Features of RA 9344:

The law exempts the following from
criminal liability:
Who is a Child Exempted from
Criminal Responsibility?
1. A child fifteen (15) years of age or under at
the time of the commission of the offense shall
be exempt from criminal liability.
A child is deemed to be fifteen (15) years of age
on the day of the fifteenth anniversary of his/her
birthdate.
The child shall be subjected to an intervention
program. (mandatory)
Who is Exempted from Criminal
Responsibility?
2. A child above fifteen (15) years but below
eighteen (18) years of age who acted WITHOUT
DISCERNMENT.
The child shall be subjected to an intervention
program. (mandatory)

Who is Exempted from Criminal
Responsibility?
Those who commit 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.
E.g. vagrancy, prostitution, sniffing of rugby
Violation of Local Ordinances
Ordinances enacted by local governments concerning
juvenile status offenses such as, but not limited to:
curfew violations
truancy
parental disobedience
anti-smoking and anti-drinking laws
light offenses and misdemeanors against public order or
safety such as, but not limited to, disorderly conduct,
public scandal, harassment, drunkenness, public
intoxication, criminal nuisance, vandalism, gambling,
mendicancy, littering, public urination, and tresspassing.
What to do with minor-violators of
Local Ordinances?
No penalty shall be imposed on children for said
violations.
They shall instead be brought to their residence
or to any barangay official at the barangay hall to
be released to the custody of their parents.
Violation of Local Ordinances
Appropriate intervention programs shall be
provided for in such ordinances.
The child shall also be recorded as a child at
risk and not as a child in conflict with the
law.
The ordinance shall also provide for intervention
programs, such as counseling, attendance in
group activities for children, and for the parents,
attendance in parenting education seminars.

Are They Exempted Also from Civil
Liability?
NO.
The exemption from criminal liability herein
established does not include exemption
from civil liability, which shall be enforced in
accordance with existing laws.
To be paid by their parents or guardian/s.
Procedure for Taking into Custody
a Child Exempted from Criminal
Liability
Authority in Initial Contact
with Child 15 yrs. old and
below
Consult/Inform/Report to
LSWD Officer
Immediately release the
child to his/her parents or
guardian, or, the childs
nearest relative
Community-Based
Intervention Program for
Child supervised by LSWD
Officer
If for best interest of child:
Refer to a Youth Care
Facility or Bahay Pag-asa
If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take
custody, the child may be released to any of the
following:
a) A duly registered nongovernmental or religious
organization;
b) A barangay official or a member of the Barangay
Council for the Protection of Children (BCPC);
c) A local social welfare and development officer;
or, when and where appropriate, the DSWD.
If the child has been found by the LSWD officer
to be dependent, abandoned, neglected or
abused by his/her parents and the best interest
of the child requires that he/she be placed in a
youth care facility or Bahay Pag-asa, the childs
parents or guardians shall execute a written
authorization for the voluntary commitment of
the child

If the child has no parents or guardians or if they
refuse or fail to execute the written authorization
for voluntary commitment, the proper petition
for involuntary commitment shall be
immediately filed by the DSWD or the Local
Social Welfare and Development Office
(LSWDO) pursuant to PD 603.
The minimum age for children committed to a
youth care facility or Bahay Pag-asa shall be
twelve (12) years old.
What if Children who are Exempt from
Criminal Responsibility Commit Serious
Crimes?
S/he shall be deemed a neglected child under
PD 603
S/he 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).
Qualifications:
1. The child is above twelve (12) years of age up to fifteen (15)
years of age
2. The child commits:
a) parricide,
b) murder,
c) infanticide,
d) kidnapping and serious illegal detention where the victim is
killed or raped,
e) robbery, with homicide or rape,
f) destructive arson,
g) rape, or
h) carnapping where the driver or occupant is killed or raped or
i) offenses under Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by more than
twelve (12) years of imprisonment
Procedure:

1. Petition for involuntary commitment and
placement under the IJISC shall be filed by
the local social welfare and development
officer of the LGU where the offense was
committed or by the DSWD worker
2. Filed within 24 hours from the time of the
receipt of a report on the alleged commission of
said child.
3. The Court shall decide on the petition within 72
hours.

What if Children who are Exempt from
Criminal Responsibility are Repeat
Offenders?
He/She shall be deemed a neglected child
under PD 603.
He/She shall undergo an intensive
intervention program supervised by the local
social welfare and development officer

Qualifications:

1. The child is above twelve (12) years of age up to fifteen (15)
years of age
2. The child was previously subjected to a community-based
intervention program
3. The childs parents or guardians shall execute a written
authorization for the voluntary commitment of the
child if the best interest of the child requires that he/she
be placed in a youth care facility or Bahay Pag-asa
4. Petition for Involuntary Commitment shall be
immediately filed by the DSWD or the LSWDO:
if the child has No parents or guardians or
if they refuse or fail to execute the written authorization
for voluntary commitment
What if the Children are Exploited by
Adults for the Commission of Crimes?
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,
shall be imposed the penalty prescribed by
law for the crime committed in its maximum
period.
What if the Children are Exploited by
Adults for the Commission of Crimes?
Under R.A. 7610:
Any person who shall use, coerce, force or
intimidate a street child or any other child to:
Beg or use begging as a means of living;
Act as conduit or middlemen in drug trafficking or
pushing; or
Conduct any illegal activities,
shall suffer the penalty of prision correccional in
its medium period to reclusion perpetua

January
24, 2008
Notes of Atty.
Debbie G.
Dulay
Diversion
An alternative, child-appropriate process
of determining the responsibility and
treatment of a CICL based on his/her
social, cultural, economic, psychological or
educational background WITHOUT
resorting to formal court proceedings
January
24, 2008
Notes of Atty.
Debbie G.
Dulay
Who Undergoes Diversion?
CICL above fifteen (15) years but below eighteen
(18) years of age who acted with discernment

Children who are 15 years old and below who
committed an offense;
January
24, 2008
Notes of Atty.
Debbie G.
Dulay
Venues Of Diversion
Barangay, Police, Prosecutor Level
If offense has imposable penalty of not more than
six (6) years of imprisonment
Court
If the imposable penalty is more than six (6) years
of imprisonment but not more than twelve (12)
years imprisonment
January
24, 2008
Notes of Atty.
Debbie G.
Dulay
Katarungang Pambarangay Level
Conducted by the Lupon
Tagapamayapa, chaired by the Punong
Barangay, with the assistance of the
members of the BCPC
Punong Barangay shall conduct:
Mediation
family conferencing
Conciliation
adopt indigenous modes of conflict
resolution

January
24, 2008
Notes of Atty.
Debbie G.
Dulay
Barangay Level
Absence of the offended party or his/her
disagreement in its conduct shall not
prevent the proceedings from being
conducted.
The Punong Barangay shall, however,
endeavor to obtain the participation and
the consent of the offended party in the
formulation of the diversion program.

January
24, 2008
Notes of Atty.
Debbie G.
Dulay
Barangay Level
Objectives: restorative justice /
formulation of a diversion program

Child and his/her family shall be present
in the conduct of these diversion
proceedings

Offended party may participate in the
diversion proceedings

January
24, 2008
Notes of Atty.
Debbie G.
Dulay
Contract of Diversion

Child voluntarily admits commission of the act

Victim and offender must both agree to
diversion.

January
24, 2008
Notes of Atty.
Debbie G.
Dulay
Diversion Program

must be in writing signed by parties &
concerned authorities;
Local Social Welfare Officer
implements/supervises the Diversion
Program;
Diversion proceedings to be completed in
45 days
January
24, 2008
Notes of Atty.
Debbie G.
Dulay
On Diversion Program

Child must present himself/herself at
least once a month for reporting &
evaluation

Failure to comply w/ the terms and
conditions of DP as certified by the
LSWDO, victim has the option to institute
appropriate legal action

January
24, 2008
Kinds of Diversion Program:
Restitution of property
Reparation of the damage caused
Indemnification for consequential damages
Written or oral apology
Care, guidance and supervision orders /
Counseling for the CICL and the childs family
Attendance in trainings, seminar and lectures on:
anger management skills, problem solving
and/or conflict resolution skills, values
formation, other skills in dealing w/ situations
which can lead to repetition.
January
24, 2008
Notes of Atty.
Debbie G.
Dulay
Formulation of the Diversion Program
An individualized treatment
Consider the following factors:
Childs feelings of remorse for the offense he or
she committed
Parents or legal guardians ability to guide and
supervise the child
Victims view about the propriety of the
measures to be imposed
Availability of community-based programs for
rehabilitation and reintegration of the child

January
24, 2008
Notes of Atty.
Debbie G.
Dulay
Barangay Level
Participation in available community-based
programs including community service.

Participation in education, vocation and life
skills programs

January
24, 2008
Notes of Atty.
Debbie G.
Dulay
Law Enforcement & Prosecution &
Social Worker Level
Diversion programs previously specified
Confiscation and forfeiture of the proceeds or
instruments of the crime
January
24, 2008
Notes of Atty.
Debbie G.
Dulay
Court Level
Diversion programs previously specified
Written or oral reprimand or citation
Fine
Payment of cost of the proceedings
Institutional care and custody
During Diversion
Explain intent clearly to the child, his/her family
and the victim, if present
a. Clearly emphasize benefits to the CICL.
b. Observe confidentiality.
c. Encourage CICL to express
himself/herself especially when deciding on the
appropriate diversion programs.
d. Consider religious belief, cultural orientation,
intellectual and physical ability, financial
situation of the CICLs family and similar
concerns in choosing a diversion program

Diversion.
e. Use language and expressions that are easily
understood by the CICL and are child-friendly.
f. Allow CICL to read diversion contract before
signing.
g. Schedule of diversion proceedings not to interfere
with the CICLs attendance to school and shall ensure
that he/she understands it.
h. The diversion proceedings shall be completed
within 45 days upon submission of the case for
diversion. When no agreements are reached after45
days, the proceedings shall be terminated. The case
shall then be filed according to regular process
Determination of Age Presumption of
minority
Birth / Baptismal Certificate;
In the absence of said documents Testimonies of
other persons;
Physical appearance;
In case of doubt, it shall be resolved in his/her
favor;
General Procedures in Handling CICLs:
For Law Enforcement Officer ( Punong Barangay,
Kagawad, Brgy. Tanod):
Advise the complainant to fill up Form A
Record the complaint in the BCPC logbook
Take initial custody of the child
Notify the childs parents, the LSWDO, and PB if
arresting officer is other brgy. Official
Properly identify yourself and present proper ID to the
child
Explain to the child in simple language and in local
dialect why s/he is being placed under initial custody
and the offense of acts that s/he committed.
Refer and allow the PNP WCD to take a statement of the
child.





General Procedures in Handling CICLs:
Observe the following:

Refrain from using vulgar or profane words

Avoid the use the display of firearm, weapon,
handcuff or other instrument of force or
restraint, unless absolutely necessary and other
methods of control have been exhausted

General Procedures in Handling CICLs:
Observe the following:

Refrain from using restraint greater than is
necessary for his/her apprehension;

If the alleged CICL is not a resident of the Brgy
where the offense was committed:
Refer the case to the barangay concerned if s/he is
from the same municipality/city.
Refer the case to other LGU through LSWDO if
the CICL is a resident of other municipality or city