Juvenile Justice and Welfare Act OF 2006: As Amended by R.A. 10630

JUVENILE JUSTICE
AND WELFARE ACT

OF 2006
AS AMENDED BY R.A. 10630
Passed into law on 2006
Amended and expanded by R.A. 10630 on 2013
Overview Liberal Construction
Retroactive in application
Table of Contents
Act 1 - Persons covered by Law
◦ Child and CICL
◦ Age of Criminal Responsibility
Act 2 - Discernment
◦ Definition
◦ Test of Discernment
Act 3 – Community Based Program

◦ Community-based Intervention
◦ Bahay Pag-Asa
Act 4 - Pertinent Issues

◦ Cases on regards to Age/Retroactivity of Law
Child – A person under 18 years old.
Persons Child in Conflict with the Law - refers to a child

Covered by the who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine
Law laws.
Neglected Child (PD 603) - is one whose basic

needs have been deliberately unattended or
inadequately attended
A child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
Minimum Age A child is deemed to be fifteen (15) years of age on the day
of the fifteenth anniversary of his/her birthdate.
of Criminal
Responsibility In case of doubt as to age, it shall be construed in favor of
the child
Exemptions from Civil Liability not included.

Discernment
The capacity of the child at the time
of the commission of the offense to
understand the differences between
right and wrong and the
consequences of the wrongful act.
Definition:
It plays an important role in the

commission of the offense.
Test for Discernment
The Child understand the differences between right
and wrong and the consequences of the wrongful act
Child is aged above 15 years old and below 18 years
old.
Test of discernment will not apply to CICL below 15
years old.
Ruling on Discernment
The presence of discernment will determine the
whether the CICL will be put to the appropriate 1.)
Intervention or 2.) Diversion program.
Intervention- Intervention - refers to a series of activities which are
designed to address issues that caused the child to
vis-à-vis- commit an offense.
Diversion
Diversion - refers to an alternative, child-appropriate
process of determining the responsibility and
treatment of a CICL without resorting to formal court
proceedings.
◦ Applies to both victim and victimless crimes.

◦ If penalty exceeds 6 years, diversion measures can
only be decided by the court
Applicability of
Intervention and Diversion
While both programs are applicable on any offenses committed by the
child, the program chosen is predominantly tailored around the
circumstances of the child while the nature and gravity of the offense is
only a secondary consideration.
 Intervention programs are usually called upon when the child has
acted without discernment.
 Its primary focus is to make the child understand, comprehend, and educate him for the
wrong he did.
 Diversion on the other hand, presupposes that the child already has
discernment.
 This program’s feature is to redirect the CICL’s energy into a more productive and
rehabilitative manner.
Community-based
programs
Refers to the programs provided in a community setting
Community- developed for purposes of:
intervention
based
◦
◦ diversion
Programs ◦ rehabilitation of the CICL
◦ reintegration into his/her family and/or community.
The child shall be subjected to a community-based
intervention program supervised by the local social
welfare and development officer.
Community-
based
Unless the best interest of the child requires the referral
interventions of the child to a youth care facility or ‘Bahay Pag-Asa’
managed by LGUs or licensed and/or accredited NGOs
monitored by the DSWD.
The LSWD Officer:
◦ Determines that the child is abandoned, neglected or abused by his parents, and it is in the best
interest of the child.
◦ The child’s parents or guardians shall execute a written authorization for the voluntary commitment of
the child.
◦ If no parents or guardians are found, he shall file the proper petition for involuntary commitment.
Role of the Local Social Welfare and Development

Officer
If found to be a neglected child under PD 603, the appropriate community-based intervention
which will be decided by authorities such as DSWD, LSWD.
CICL below 12 years old

This refers to a 24-hour child-caring
Bahay Pag-Asa (RA institution established, funded and
10630) managed by LGU’s and licensed and/or
accredited NGO’s.
Features
It provides short-term residential care for CICL 12-18 years of age
who are awaiting court disposition of their cases or transfer to
other agencies or jurisdiction.
It covers both who acted with and without discernment.
Features an intensive juvenile intervention and support center.
Minimum age for children committed to a youth care facility or

‘Bahay Pag-asa’ shall be twelve (12) years old
CICL Pag-Asa Children below Criminal Responsibility – 12-15 years
old.
will cater
Children’s 15-18 years old – Committing crimes
punishable by more than 12 years imprisonment.
CICL 15-18 years old repeat offenders - Provided that

the child was previously subjected to a community-
based intervention program, shall be deemed a
neglected child under Presidential Decree No. 603,

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JUVENILE JUSTICE

AND WELFARE ACT

Act 3 – Community Based Program

Act 4 - Pertinent Issues

Persons Child in Conflict with the Law - refers to a child

Neglected Child (PD 603) - is one whose basic

Exemptions from Civil Liability not included.

It plays an important role in the

◦ Applies to both victim and victimless crimes.

Role of the Local Social Welfare and Development

CICL below 12 years old

It covers both who acted with and without discernment.

Features an intensive juvenile intervention and support center.

Minimum age for children committed to a youth care facility or

CICL 15-18 years old repeat offenders - Provided that

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