Juvenile Justice How the Philippine Justice System Treats Juvenile Delinquency_001

8/12/2019 Juvenile Justice How the Philippine Justice System Treats Juvenile Delinquency_001

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University of Nueva CaceresHigh School Department

City of Naga

JUVENILE JUSTICE: HOW THE PHILIPPINE JUSTICE SYSTEM TREATS

JUVENILE DELINQUENCY

A research paper submitted to the University of Nueva Caceres aspartial fulfillment of the requirements in English 4

!ari""a #ae $aucian

4 % Sardony&

Estelito $acobEnglish 4 'eacher

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Ac(no)ledgement

* o)e a great many than(s to many people )ho helped andsupported me during the preparation of this research paper

* have ta(en so much effort in this pro+ect Ho)ever, it )ouldnot have been possible )ithout the (ind support and help of manyindividuals * )ould li(e to e&tend my sincere than(s to all ofthem

* am highly indebted to my brother for his guidance and constantsupervision as )ell as for providing necessary informationregarding my research - also for his support in completing thepro+ect

* )ould li(e to e&press my gratitude to)ards my parents fortheir (ind cooperation and encouragement )hich help me incompletion of this pro+ect #y than(s and appreciation also tomy friends )ho )ent )ith me to the HS library +ust to find some

information for my research and for the help they have given meand than( you also to some people )ho have )illingly helped meout )ith their abilities

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Dedication

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'able of Contents

.lyleaf

Cover page

Ac(no)ledgment

Dedication

'able of Contents

Abstract

Chapter */ *ntroduction

Statement of the problem

Significance of the study

Chapter **/ 0evie) of 0elated 1iterature

0elated 1iterature

0elated Studies

Chapter ***/ About the 'opic

Chapter *2/ Data Analysis

Chapter 2/ Conclusion and 0ecommendation

0eferences

Appendices

Appendi& 3/ 0epublic Act No 544

Appendi& 6/ United Nations7 Convention on the 0ights of the

Child

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Abstract

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ut )hat if the youth is already harming the society and having

conflict )ith the la) *n statutory level, Section 6, Chapter 3

of the Child ;elfare and Development Act6states that/

@'he State shall protect the best interests of the child

through measures that )ill ensure the observance of

international standards of child protection, especially

those to )hich the 8hilippines is a party 8roceedings

before any authority shall be conducted in the best

interest of the child and in a manner )hich allo)s the

child to participate and to e&press himselfherself freely

'he participation of children in the program and policy

formulation and implementation related to +uvenile +ustice

and )elfare shall be ensured by the concerned government

agency

'his goes to sho) that our la)s recogni"e the need to protect

children and uphold their interests Ho)ever, problems on ma(ing

the above:mentioned policies a reality are present Hence, this

study )as conducted

'his study is about the treatment of the 8hilippine State in its

problem )ith +uvenile delinquency or children in conflict )ith

the la) 'his )riter )ill later present some legislative

enactments that )ere catered to address +uvenile delinquency in

the 8hilippines and some authorities assessing ho) the

government has fared so far in addressing the problem 9ut of

those data, this )riter )ill later lay do)n her conclusions and

recommendations in addressing the problem of +uvenile

delinquency or children in conflict )ith the la)

Statement of the Pro!em:

20epublic Act No 544

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'his study aims to tac(le the problems and difficulties in

dealing )ith +uvenile delinquents in the 8hilippines and

+uvenile delinquencyper se and find a legal and humane )ay in

dealing )ith children in conflict )ith the la)

Specifically, this study aims to ans)er the follo)ing questions/

3 ;hat is the status of +uvenile delinquency in the

8hilippines

6 ;here does the problem lie in dealing )ith +uvenile

delinquency and the children in conflict )ith the la)

5 Ho) does the 8hilippine State address the problem of

+uvenile delinquency in the 8hilippines through its

+ustice system and )hat are the steps that it too( and

still ta(ing to address such problem

S"#n"f"$an$e of th"% St&'(:

As the )orld becomes moderni"ed and human problems become more

complicated, dedicated and effective studies must be done 9ne

of them is the problem of +uvenile delinquency for it scorns our

society7s present and future

'o help address the problem of +uvenile delinquency, this study

)as conducted in order to provide description of the +uvenile

+ustice system in the 8hilippines and ho) it deals and treats

+uvenile delinquency in this country

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'o students and future researchers/ 'his study may be used

by my fello) students as their reference in their studies

that are related to this sub+ect matter 'his may also

serve as their guide in their advocacies in the future

'o teachers/ 'his may serve as a basis for their continuing

study on social problems andor +uvenile +ustice 'hey,

among others, are in the best position to develop this

study given their e&perience, (no):ho), and competence in

conducting studies and ma(ing contribution to the academe

'o policy ma(ers/

'his may be an eye opener to them on the

realities of +uvenile delinquency in this country for them

to enact more effective legislation and policies in

addressing the problem

'o the youth/

Not only this study may be used by future

young researchers, this study is primarily intended for the

youth so that any good things that may be ta(en out of this

study may be beneficial to them

'o the society as a )hole/

'his study )ill benefit the

society as this addresses one of its serious problems %

+uvenile delinquency

CHAPTER II: REVIEW O) RELATED LITERATURE

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Re!ate' L"terat&re:

$uvenile delinquency, also (no)n as +uvenile offending, or youth

crime, is participation in illegal behavior

by minors F+uvenilesG )ho fall under a statutory age limit5

$uvenile delinquency, or offending, can be separated into three

categories/ delinquency, crimes committed by minors )hich are

dealt )ith by the +uvenile courts and +ustice system criminal

behavior, crimes dealt )ith by the criminal +ustice system,

and status offenses, offenses )hich are only classified as such

because one is a minor, such as truancy, also dealt )ith by the

+uvenile courts4

A. The offenders

'here are t)o different types of offenders that emerge in

adolescence 9ne is the repeat offender, referred to as the

life:course:persistent offender, )ho begins offending or sho)ing

antisocialaggressive behavior in adolescence For

even childhoodG and continues into adulthood and the age

specific offender, referred to as the adolescence:limited

offender, for )hom +uvenile offending or delinquency begins and

ends during their period of adolescenceI

3Siegel - ;elsh, 6>334;oolard - Scott, 6>>5#offit, 6>>?

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$uvenile offending is disproportionately committed by young men?

'he e&planation )hy it is li(e that is because ideas

of masculinity may ma(e young men more li(ely to offend eing

tough, po)erful, aggressive, daring and competitive becomes a

)ay for young men to assert and e&press their masculinityJAlso,

the )ay young men are treated by others, because of their

masculinity, may reinforce aggressive traits and behaviors, and

ma(e them more susceptible to offending=.urthermore, a study by

.lorida State University criminologist !evin # eaver and

appears in the September 6>>= issue of the $ournal and


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;hy study the ris( factors Shader, in his )or( @0is( .actors

for Delinquency/ An 9vervie),33 says that the study of ris(

factors is critical to the improvement or enhancement of

prevention programs that frequently have limited staffing and

funding and, furthermore, being able to identify the ris(

factors may help programs focus their target and effort in a

more efficient and cost:effective manner *ndeed, same )ith

diagnosing an ailment by a medical doctor or a physician,

treating +uvenile delinquency may be done by identifying the

cause of the problem and tac(le said problem by tac(ling first

the factor that ma(es or pushes an individual to be a delinquent

or a child in conflict )ith la) y (no)ing )hat causes a

particular child7s problem, the ans)er to the solution of said

problem may lie on the solution of said factors

.amily factors )hich may have an influence on offending include/

the level of parental supervision, the )ay parents discipline a

child, particularly harsh punishment, parental conflict

or separation, criminal parents or siblings, parental abuse or

neglect, and the quality of the parent:child relationship36;hen

parents commonly do not (no) )here their children are, )hat

their activities are, or )ho their friends are, children are

more li(ely to truant from school and have delinquent friends,

each of )hich are lin(ed to offending35

Association )ith anti:social groups and such other groups that

promote violent, aggressive, and defiant behavior can be a ris(

11 6>33

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factor According to artol, urt, and Anne artol,34 KLtMhe

impact of deviant peer group influences on the crystalli"ation

of an antisocial developmental tra+ectory has been solidly

documentedK 'his is further e&plained by Social 1abeling

'heory, a social theory )hich states that social deviance or

violation of social norms is a product not of inherent behavior

but because of )hat the society or the ma+ority negatively

labels a person Falso (no)n as stereotypingG *n this theory, it

is e&plained that once young people have been labeled as

criminal they are more li(ely to offend3Iand that once labeled

as deviant a young person may accept that role, and be more

li(ely to associate )ith others )ho have been similarly

labeled3?*n other )ords, perception from others may affect the

social behavior of a child 'he stigma of being a delinquent may

have an effect that is )orse than the stigma itself, )hich is

the long term negative effect to the child7s behavior and the

fact that it may adversely hound the society

Ho)ever, necessity may play a very important factor in +uvenile

delinquency @#ost street children, says one study, @have

become +uvenile delinquents either out of necessity Fbecause

they are poorG3J 8overty also pushes children Fand adults as

)ellG to become vagrants and commit crimes in search for their

needs li(e food, )ater, clothes, etcetera

146>>15Eadie - #orley, 6>>516Ibid.17#urdoch:2er)i+s, 0etrieved/ 5> December 6>33

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C. Juvenile Delinquency in the hilippines

$uvenile delinquency is not a ne) issue in the 8hilippines *t

is an old problem that attracted and still attracts attention

$uvenile delinquency rate is being monitored annually *n 6>>=

alone, there )ere 6,3I= cases of crimes committed by underage

criminals, half of them )ere theft cases, 34I of them )ere drug

use cases, )hile 6>= of them )ere se& violence or rape cases3=

*t is sad that children, in such young ages, become criminals

and become +uvenile delinquents 'hey may commit anything that

is a factor of disturbing the peace and security in the

community and violate our penal la)s, but most are charged )ith

minor crimes, such as petty theft, sniffing solvents,

and vagrancy31ater, it )ill be discussed that the la) treats

+uvenile delinquents in a special manner, especially their

detention Ho)ever, there are still reports that there are still

+uvenile delinquents being incarcerated in our penal

institutions, the reason )hy some non:government organi"ations

help the government in trac(ing do)n children that are being

detained together )ith the full:gro)n criminals Unfortunately,

KLnMo one (no)s )hat goes on inside of prisons because no one is

allo)ed in,K said .ather Cullen during an intervie) )ith the

;estern Catholic 0eporter, the official ne)spaper of the

Archdiocese of Edmonton6>

18uismundo, 6>>19UN*CE., 0etrieved/ >3 $anuary 6>3620CCN;estern Catholic 0eporter, 0etrieved/ >3 $anuary 6>36

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9ne of the e&amples is Angeles City * quote Amnesty

*nternational!"in its report that/

#Children in Angeles Jail are detained in a s$all %&

$eters by ' $eters appro()* unventilated concrete

cell. There is no +indo+ in the cell* and the $inors

have no access to an electric fan +hich $any of the

adult cells have and +hich is necessary in the

constant oppressive heat. The children,s cell is in a

block containing over a hundred convicted adult

prisoners. The sa$e cell is al+ays used to house

children regardless of the nu$ber in the jail. -eports

fro$ adult in$ates indicate that the sa$e cell +as

used for up to " children at a ti$e. There are no

bedding or basic sanitary ite$s supplied by the jail.

There is a separated concrete cubicle in the corner of

the cell +ith a toilet. The children are not given any

change of clothes* and co$$only +ear rags.

#There have been reports of a /epatitis and TB

0tuberculosis1 epide$ic in the Jail. The children have

a $a(i$u$ one2hour a day of e(ercise. They have to

request this each day. 0There are also reports that1

children are 0being1 underfed and hungry. There is

little effort $ade to rehabilitate the children +ho

report visits fro$ a social +orker on average less

than once a $onth. Conditions in the jail $ay a$ount

to torture* inhu$an* degrading treat$ent of thechildren. Children are often se(ually abused by other

adult in$ates or prison Authorities and are sold as

child prostitutes. Children have been detained at

Angeles District Jail* Angeles City* for $onths

+ithout charges* legal counsel or any regard for their

legal rights. 3o arrest +arrants +ere issued at the

ti$e of their arrest and no court order +as given for

their detention. 3one of these children has been

provided +ith co$petent legal counsel* as required by

hilippine la+.4

21Amnesty *nternational, 0etrieved/ 5 $anuary 6>33

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'his is a blatant disregard of the ill of 0ights that is

enshrined in the Constitution as )ell as some statutory

enactments and procedural rules As clearly stated in Section 3

of Article ***/66

@No person shall be deprived ofO libertyO )ithout due

process of la)

;ith the manner of tac(ling the minor la) offenders, it is clear

that the above constitutional provision is violated Due process

is not being observed since their detention is contrary to the

established proper procedure .irst, they are being held

detained )ithout charges, not to mention that it is prohibited

by la) to detain children )ith adult criminals and treat them as

such

'he follo)ing la)s Fboth soft and hard la)G and procedure )ere

violated in the above scenario/

3 UN Convention on the 0ights of the Child )hich had been

ratified in the 8hilippines on $uly 3> and became

effective on September 6 3>

6 'he 8hilippine Constitution itself

5 0epublic Act No 544 or AN AC' ES'A1*SH*N< A

C9#80EHENS*2E $U2EN*1E $US'*CE AND ;E1.A0E SPS'E#, C0EA'*N, 6>>I

that as many as 6>,>>> children are behind bars and 6= children

arrested everyday as of that time 'heir situation/ @1oc(ed up

in adult, overcro)ded +ails, open to abuse, sharing bed )ith

pedophiles65 ;hen sought for comment by Andre) Stevens, also

from CNN, the Department of $ustice at that time, led by then

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ma&imum e&tent of their available resources and, )here

needed, )ithin the frame)or( of international co:

operation eing one of the signatories of this

Convention, therefore being referred to here as one of the

@States 8arties, the 8hilippines is mandated to enact

national legislation to protect the rights of children

)ithin our +urisdiction Hence, la)s )ere passed to address

the matter Among them is 8residential Degree No ?>5

other)ise (no)n as the Child and Pouth ;elfare Code )as

signed into la) on December 3>, 3J4 'he significance of

said la) lies on its Article 3= to 6>4, Chapter 5,

mentions the care and treatment of youthful offenders from

the time of apprehension up to the termination of the case

ut on April 6=, 6>>?, a ne) la) )as passed F0epublic Act

544G

Re!ate' St&'"e%:

* chose the topic on 8hilippine +uvenile +ustice system in

relation to +uvenile delinquency in the 8hilippines not only

because of its significance and my interest on the topic but

also because of the rich academic resources around us that are

related to the topic A study is nothing )ithout its resources

and theoretical bac(ground, and * have considered the

availability of related studies and resources before coming up

)ith this topic

'hese sources are very instrumental to the success of this

study, to )it/

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A. A$nesty International 2 5oreign

'he people behind Amnesty *nternational have several studies on

+uvenile +ustice system in the 8hilippines, it being one of

their concerns in their human rights advocacy 'heir studies

focus on the situation of children in conflict )ith the la) and

ho) their rights, given andor recogni"e by 8hilippine la)s, are

being observed by la) enforcers and la) enforcement agencies

'he most notable of them is their study on children that are

being detained in 8hilippine penal institutions or +ails

entitled @hilippines6 A different childhood6 the Apprehension

and Detention of child suspects and offenders4 )hich may be

retrieved at )))amnestyorg

*n said study by Amnesty *nternational, it is established that

some of our penal institutions have children detainees )ho are

allegedly in conflict )ith the la) 'he study further concludes

that the situation and treatment of those children are inhumane

and contrary to the mandates given by our Constitution,

statutes, and procedural la)s 'he +eopardy being inflicted on

those children7s rights are being shrugged off by authorities

)ho are being dismissive on the seriousness of the problem

B. 7arianne 7urdoch28er+ijs* 997 2 5oreign

#s #urdoch:2er)i+s, a researcher from .ree University of

Amsterdam and a holder of #aster7s degree in 1a), conducted an

abstract study on +uvenile +ustice in the 8hilippines by

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incorporating her personal e&perience in the country *n said

study, the researcher premised the follo)ing/

3 8overty and adverse economic condition of those children in

conflict )ith the la) and their families serves as a large

factor in the problem of +uvenile delinquency in the

8hilippines

6 #ost +uvenile delinquents are not segregated from the

hardened adult criminals in the biggest +ails in the

8hilippines, such as in the #untinlupa +ail, so that after

their release they )ent bac( in the street )ith more

(no)ledge of crime and

5 *n the 8hilippines, reality contradicts )hat the la) is

mandating Despite the policies made specifically to

address +uvenile delinquency in the country, they are being

disregarded and the rights of the child are being violated

)hile their interests are being +eopardi"ed

C. Charles 7. :atson of 7arshall ;niversity < 5oreign

*n his graduate thesis entitled =(a$ining Juvenile Cri$e and

-ecidivis$,64#r ;atson states that @LhMigh +uvenile recidivism

rates are a dilemma that is plaguing the +uvenile +ustice system

and the treatment facilities that operate )ithin 'here is

little understanding of the causal relationship bet)een

recidivism rates, treatment types, and the demographics of the

246>>J, #arshall University

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residents at the various treatment facilities He )as able to

identify the common fla)s in current treatment practices and to

understand the issue by using the social labeling theory as

mentioned above

*n said study, #r ;atson pinpoints the stigma on children )ho

had conflict )ith the la) as the main culprit in the substandard

treatment of +uvenile delinquents 'he recidivism and treatment

failure phenomena, according to him, can be best e&plained by

social labeling theory

D. >ave the Children ;? < 9ocal

*n the boo( Breaking rules6 children in conflict +ith the la+

and the juvenile justice process < the e(perience in the

hilippines* the profile of children in conflict )ith the la) in

the 8hilippines )as ta(en 9ne of the ma+or findings about their

profile )as that almost all of the C*C1 involved in the studies

)ere first:time offenders and that the ma+ority in various

custodial centers Fparticularly in CebuG )ere found to be there

for the first time and the ma+ority of them )ere also first:time

offenders *t is also revealed that various )ays by )hich the

rights of those children are violated andor ignored in the

process of +ustice administration 'he follo)ing )ere

highlighted/

% Abuses from la) enforcers%verbal, physical and

psychological%)ere common occurrence and the rights of

children )ere often denied or violated, such as their

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right to bail, privacy and information there is

pressure for children to plea for guilt and

representation by public la)yers tend to be

superficial and last:minute

% Conditions in both police cells and +ails )ere very

poor, )ith basic facilities and supplies essentially

lac(ing

% 8enalties set by outdated la)s tend to be quite

stiff in proportion to the offences usually committed

by children

% 8ractices and procedures in most of family courts

remain hostile or pre+udicial to the children in

conflict )ith the la)

% *nternational minimum standards )ere often not

upheld and

% Non:custodial sentences )ere seldom used and

suspended sentences are usually spent in detention in

rehabilitation

centers

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CHA8'E0 ***/ A9U' 'HE '98*C

F!ari""aG

CHAPTER IV: DATA ANALYSIS

Despite the passage of different la)s, ho)ever, +uvenile

delinquents are still being dealt )ith li(e adult criminals,

therefore violating the follo)ing provisions of 0A 544/

SEC I -ights of the Child in Conflict +ith the

9a+.: Every child in conflict )ith the la) shall have

the follo)ing rights, including but not limited to/

FaG the right not to be sub+ected to torture or other

cruel, inhuman or degrading treatment or punishment

&&&

FcG the right not to be deprived, unla)fully or

arbitrarily, of hisher liberty detention or

imprisonment being a disposition of last resort,

and )hich shall be for the shortest appropriate

period of time

FdG the right to be treated )ith humanity and

respect, for the inherent dignity of the person,

and in a manner )hich ta(es into account the

needs of a person of hisher age *n particular,

a child deprived of liberty shall be separated

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from adult offenders at all times No child shall

be detained together )ith adult offenders HeShe

shall be conveyed separately to or from court

HeShe shall a)ait hearing of hisher o)n case in

a separate holding area &&&

FeG the right to prompt access to legal and other

appropriate assistance, as )ell as the right to

challenge the legality of the deprivation of

hisher liberty before a court or other

competent, independent and impartial authority,

and to a prompt decision on such action

&&&

FoG other rights as provided for under e&isting

la)s, rules and regulations

'hrough this la), the minimum age of criminal liability is set

to fifteen F3IG and children in conflict )ith the la) shall be

sub+ected to an intervention program6I*f the child is above 3I

but belo) eighteen F3=G, Section ? states also that heshe is

also e&empt from criminal liability and be sub+ected to an

intervention program Ho)ever, there is a big difference if the

child acted )ith discernment, in )hich case heshe shall be

sub+ected to the appropriate proceedings6?

but must still be in

accordance )ith due process

So ho) is due process attained *t can be done by loo(ing at the

la) itself *f arrested, a child belo) 3= years of age shall

immediately be released to the custody of hisher parents or

guardian, or in the absence thereof, the childQs nearest

relative or, if the relative refused or cannot be located, to a

duly registered nongovernmental or religious organi"ation a

25Section ? 8lease see also its Section 6>

26Ibid.

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3 Seminar for la) enforcers Fto address the human rightsviolationsG

6 1a)s protecting children )ho return to society from+uvenile institutions Fto address the labelingG

0E.E0ENCES/

Amnesty *nternational hilippines6 A different childhood6 theapprehension and detention of child suspects and offendersAvailable at/http/)))amnestyorgenreportinfoASA5I>>J6>>50etrieved/ 34 August 6>>=

artol, urt, - artol 6>> Juvenile delinquency and

antisocial behavior6 a develop$ent perspective* 5rded Ne)$ersey/ 8earson 8rentice Hall

ro)n, S 3= ;nderstanding youth and cri$e %listening toyouth@) uc(ingham/ 9pen University 8ress

Cable Ne)s Net)or( FCNNG *nternational 0eported by Chris 0ogersand hosted by 0osemary Church

CCN;estern Catholic 0eporter Catholic priest challenges abuseof hilippine children 2 Catholic nline Available at/

http/)))catholicorginternationalinternationalRstoryhpid6434I 0etrieved/ >3 $anuary 6>36

Constitution of the 8hilippines/ Article ***, Section 3

Eadie, ' - 0 #orley 6>>5 @Crime, +ustice, and punishment inaldoc(, $, et al7s >ocial policy* 5rded 9&ford/ 9&fordUniversity 8ress


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http/)))+udgesandmagistratesorgmurdhtm 0etrieved/ 5>December 6>33

Ne)s)ise 6>>= >tudy reveals specific gene in adolescent $en+ith delinquent peers. 0etrieved/ 6 December 6>33

8residential Decree No ?>5 FChild and Pouth ;elfare CodeG

uismundo, ' @$uvenile crimes up by 3=T7 in The hilippinedaily inquirer. 3> .ebruary 6>> issue

0epublic Act No 544 FAn Act Establishing a Comprehensive$uvenile $usitice and ;elfare System, Creating the $uvenile$ustice and ;elfare Council under the Department of$ustice, Appropriating .unds 'herefore and for 9ther8urposesG

Sanidad:1eones, C =ffective preventive $easures for youth atrisk in the hilippines. Available at/http/)))unafeior+penglishpdf0SRNo?=No?=R342ER1eones6

Save the Children U! 6>>4 Breaking rules6 children in conflict+ith the la+ and the juvenile justice process < the

e(perience in the hilippines ue"on City/ Save theChildren U!

Shader, # 6>33 -isk factors in delinquency6 an overvie+. US

Department of $ustice Available athttps/)))nc+rsgovpdffiles3o++dpfrd>5>36J 0etrieved5> December 6>33

Siegel, 1 - ;elsh 6>33 Juvenile delinquency6 the core* 4th

ed elmont/ CA/ ;ads)orthCengage 1earning

Steinberg, 1 6>>= Adolescence, =thed Ne) Por(/ #c33 8iolence byteenage girls6 trends and conte(t. ;ashington, DC/ 9fficeof $ustice 8rograms

UN*CE. At a glance6 hilippines 2 hilippines >enate actionbuilds hope for children in jail Available at/http/)))uniceforginfobycountryphilippinesR5>I6Ihtml0etrieved/ >3 $anuary 6>36

United Nations7 Convention on the 0ights of the Child, Article4

;al(late, S 6>>5 ;nderstanding cri$inology < currenttheoretical debates* 6nded #aidenhead/ 9pen University

8ress

;atson, C 6>>J =(a$ining juvenile cri$e and recidivis$6thesis. #arshall University

;oolard - Scott 6>> @'he legal regulation of adolescence in0 1erner - 1 Steinberg7s /andbook of adolescentpsychology

, 5rd ed, 2ol 6 Ne) Por(/ ;iley

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A88END* A/'HE $U2EN*1E $US'*CE AND ;E1.A0E AC'

0epublic of the 8hilippinesCongress of the 8hilippines

#etro #anila

'hirteenth CongressSecond 0egular Session

egun and held in #etro #anila, on #onday, the t)enty:fifth day of $uly, t)othousand and five

0epublic Act No 544

AN AC' ES'A1*SH*N< A C9#80EHENS*2E $U2EN*1E $US'*CE AND ;E1.A0E SPS'E#,C0EA'*N< 'HE $U2EN*1E $US'*CE AND ;E1.A0E C9UNC*1 UNDE0 'HE DE8A0'#EN' 9.

$US'*CE, A880980*A'*N< .UNDS 'HE0E.90 AND .90 9'HE0 8U089SES

Be it enacted by the >enate and /ouse of -epresentatives of the hilippines

in Congress asse$bled/

'*'1E *>?K *t shall cover the different stagesinvolving children at ris( and children in conflict )ith the la) fromprevention to rehabilitation and reintegration

SEC 6 Declaration of >tate olicy.: 'he follo)ing State policies shall beobserved at all times/

FaG 'he State recogni"es the vital role of children and youth in nationbuilding and shall promote and protect their physical, moral,spiritual, intellectual and social )ell:being *t shall inculcate inthe youth patriotism and nationalism, and encourage their involvementin public and civic affairs

FbG 'he State shall protect the best interests of the child throughmeasures that )ill ensure the observance of international standards of

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child protection, especially those to )hich the 8hilippines is a party8roceedings before any authority shall be conducted in the bestinterest of the child and in a manner )hich allo)s the child toparticipate and to e&press himselfherself freely 'he participation ofchildren in the program and policy formulation and implementationrelated to +uvenile +ustice and )elfare shall be ensured by theconcerned government agency

FcG 'he State li(e)ise recogni"es the right of children to assistance,including proper care and nutrition, and special protection from allforms of neglect, abuse, cruelty and e&ploitation, and other conditionspre+udicial to their development

FdG 8ursuant to Article 4> of the United Nations Convention on the0ights of the Child, the State recogni"es the right of every childalleged as, accused of, ad+udged, or recogni"ed as having infringed thepenal la) to be treated in a manner consistent )ith the promotion ofthe childQs sense of dignity and )orth, ta(ing into account the childQsage and desirability of promoting hisher reintegration ;heneverappropriate and desirable, the State shall adopt measures for dealing)ith such children )ithout resorting to +udicial proceedings, providingthat human rights and legal safeguards are fully respected *t shallensure that children are dealt )ith in a manner appropriate to their)ell:being by providing for, among others, a variety of dispositionmeasures such as care, guidance and supervision orders, counseling,probation, foster care, education and vocational training programs andother alternatives to institutional care

FeG 'he administration of the +uvenile +ustice and )elfare system shallta(e into consideration the cultural and religious perspectives of the.ilipino people, particularly the indigenous peoples and the #uslims,consistent )ith the protection of the rights of children belonging tothese communities

FfG 'he State shall apply the principles of restorative +ustice in allits la)s, policies and programs applicable to children in conflict )iththe la)

SEC 5 9iberal Construction of this Act.: *n case of doubt, theinterpretation of any of the provisions of this Act, including itsimplementing rules and regulations F*00sG, shall be construed liberally infavor of the child in conflict )ith the la)

SEC 4 Definition of Ter$s.: 'he follo)ing terms as used in this Act shallbe defined as follo)s/

FaG KailK refers to the security given for the release of the personin custody of the la), furnished by himher or a bondsman, to guaranteehisher appearance before any court ail may be given in the form ofcorporate security, property bond, cash deposit, or recogni"ance

FbG Kest *nterest of the ChildK refers to the totality of thecircumstances and conditions )hich are most congenial to the survival,protection and feelings of security of the child and most encouragingto the childQs physical, psychological and emotional development *talso means the least detrimental available alternative for safeguardingthe gro)th and development of the child

FeG KChildK refers to a person under the age of eighteen F3=G years

FdG KChild at 0is(K refers to a child )ho is vulnerable to and at theris( of committing criminal offenses because of personal, family andsocial circumstances, such as, but not limited to, the follo)ing/

F3G being abused by any person through se&ual, physical,psychological, mental, economic or any other means and the

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parents or guardian refuse, are un)illing, or unable to provideprotection for the child

F6G being e&ploited including se&ually or economically

F5G being abandoned or neglected, and after diligent search and

inquiry, the parent or guardian cannot be found

F4G coming from a dysfunctional or bro(en family or )ithout aparent or guardian

FIG being out of school

F?G being a streetchild

FJG being a member of a gang

F=G living in a community )ith a high level of criminality or

drug abuse and

FG living in situations of armed conflict

FeG KChild in Conflict )ith the 1a)K refers to a child )ho is allegedas, accused of, or ad+udged as, having committed an offense under8hilippine la)s

FfG KCommunity:based 8rogramsK refers to the programs provided in acommunity setting developed for purposes of intervention and diversion,as )ell as rehabilitation of the child in conflict )ith the la), forreintegration into hisher family andor community

FgG KCourtK refers to a family court or, in places )here there are nofamily courts, any regional trial court

FhG KDeprivation of 1ibertyK refers to any form of detention orimprisonment, or to the placement of a child in conflict )ith the la)in a public or private custodial setting, from )hich the child inconflict )ith the la) is not permitted to leave at )ill by order of any+udicial or administrative authority

FiG KDiversionK refers to an alternative, child:appropriate process ofdetermining the responsibility and treatment of a child in conflict)ith the la) on the basis of hisher social, cultural, economic,psychological or educational bac(ground )ithout resorting to formal

court proceedings

F+G KDiversion 8rogramK refers to the program that the child inconflict )ith the la) is required to undergo after heshe is foundresponsible for an offense )ithout resorting to formal courtproceedings

F(G K*nitial Contact ;ith:the ChildK refers to the apprehension orta(ing into custody of a child in conflict )ith the la) by la)enforcement officers or private citi"ens *t includes the time )hen thechild alleged to be in conflict )ith the la) receives a subpoena underSection 5FbG of 0ule 336 of the 0evised 0ules of Criminal 8rocedure orsummons under Section ?FaG or Section FbG of the same 0ule in cases

that do not require preliminary investigation or )here there is nonecessity to place the child alleged to be in conflict )ith the la)under immediate custody

F*G K*nterventionK refers to a series of activities )hich are designedto address issues that caused the child to commit an offense *t mayta(e the form of an individuali"ed treatment program )hich may includecounseling, s(ills training, education, and other activities that )illenhance hisher psychological, emotional and psycho:social )ell:being

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FmG K$uvenile $ustice and ;elfare SystemK refers to a system dealing)ith children at ris( and children in conflict )ith the la), )hichprovides child:appropriate proceedings, including programs and servicesfor prevention, diversion, rehabilitation, re:integration and aftercareto ensure their normal gro)th and development

FnG K1a) Enforcement 9fficerK refers to the person in authority orhisher agent as defined in Article 3I6 of the 0evised 8enal Code,including a barangay tanod

F>G K9ffenseK refers to any act or omission )hether punishable underspecial la)s or the 0evised 8enal Code, as amended

FpG K0ecogni"anceK refers to an underta(ing in lieu of a bond assumedby a parent or custodian )ho shall be responsible for the appearance incourt of the child in conflict )ith the la), )hen required

FqG K0estorative $usticeK refers to a principle )hich requires aprocess of resolving conflicts )ith the ma&imum involvement of the

victim, the offender and the community *t see(s to obtain reparationfor the victim reconciliation of the offender, the offended and thecommunity and reassurance to the offender that heshe can bereintegrated into society *t also enhances public safety by activatingthe offender, the victim and the community in prevention strategies

FrG KStatus 9ffensesK refers to offenses )hich discriminate onlyagainst a child, )hile an adult does not suffer any penalty forcommitting similar acts 'hese shall include curfe) violationstruancy, parental disobedience and the li(e

FsG KPouth Detention HomeK refers to a 64:hour child:caring institutionmanaged by accredited local government units F1


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FcG the right not to be deprived, unla)fully or arbitrarily, of hisherliberty detention or imprisonment being a disposition of last resort,and )hich shall be for the shortest appropriate period of time

FdG the right to be treated )ith humanity and respect, for the inherentdignity of the person, and in a manner )hich ta(es into account the

needs of a person of hisher age *n particular, a child deprived ofliberty shall be separated from adult offenders at all times No childshall be detained together )ith adult offenders HeShe shall beconveyed separately to or from court HeShe shall a)ait hearing ofhisher o)n case in a separate holding area A child in conflict )iththe la) shall have the right to maintain contact )ith hisher familythrough correspondence and visits, save in e&ceptional circumstances

FeG the right to prompt access to legal and other appropriateassistance, as )ell as the right to challenge the legality of thedeprivation of hisher liberty before a court or other competent,independent and impartial authority, and to a prompt decision on suchaction

FfG the right to bail and recogni"ance, in appropriate cases

FgG the right to testify as a )itness in hidher o)n behalf under therule on e&amination of a child )itness

FhG the right to have hisher privacy respected fully at all stages ofthe proceedings

FiG the right to diversion if heshe is qualified and voluntarilyavails of the same

F+G the right to be imposed a +udgment in proportion to the gravity of

the offense )here hisher best interest, the rights of the victim andthe needs of society are all ta(en into consideration by the court,under the principle of restorative +ustice

F(G the right to have restrictions on hisher personal liberty limitedto the minimum, and )here discretion is given by la) to the +udge todetermine )hether to impose fine or imprisonment, the imposition offine being preferred as the more appropriate penalty

F*G in general, the right to automatic suspension of sentence

FmG the right to probation as an alternative to imprisonment, ifqualified under the 8robation 1a)

FnG the right to be free from liability for per+ury, concealment ormisrepresentation and

FoG other rights as provided for under e&isting la)s, rules andregulations

'he State further adopts the provisions of the United Nations Standard#inimum 0ules for the Administration of $uvenile $ustice or Kei+ing 0ulesK,United Nations


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case, such child shall be sub+ected to the appropriate proceedings inaccordance )ith this Act

'he e&emption from criminal liability herein established does not includee&emption from civil liability, )hich shall be enforced in accordance )ithe&isting la)s

SEC J Deter$ination ofAge.: 'he child in conflict )ith the la) shall en+oythe presumption of minority HeShe shall en+oy all the rights of a child inconflict )ith the la) until heshe is proven to be eighteen F3=G years old orolder 'he age of a child may be determined from the childQs birthcertificate, baptismal certificate or any other pertinent documents *n theabsence of these documents, age may be based on information from the childhimselfherself, testimonies of other persons, the physical appearance of thechild and other relevant evidence *n case of doubt as to the age of thechild, it shall be resolved in hisher favor

Any person contesting the age of the child in conflict )ith the la) prior tothe filing of the information in any appropriate court may file a case in a

summary proceeding for the determination of age before the .amily Court )hichshall decide the case )ithin t)enty:four F64G hours from receipt of theappropriate pleadings of all interested parties

*f a case has been fiied against the child in conflict )ith the la) and ispending in the appropriate court, the person shall file a motion to determinethe age of the child in the same court )here the case is pending 8endinghearing on the said motion, proceedings on the main case shall be suspended

*n all proceedings, la) enforcement officers, prosecutors, +udges and othergovernment officials concerned shall e&ert all efforts at determining the ageof the child in conflict )ith the la)

'*'1E **S'0UC'U0ES *N 'HE AD#*N*S'0A'*9N 9. $U2EN*1E $US'*CE AND ;E1.A0E

SEC = Juvenile Justice and :elfare Council %JJ:C).: A $uvenile $ustice and;elfare Council F$$;CG is hereby created and attached to the Department of$ustice and placed under its administrative supervision 'he $$;C shall bechaired by an undersecretary of the Department of Social ;elfare andDevelopment *t shall ensure the effective implementation of this Act andcoordination among the follo)ing agencies/

FaG Council for the ;elfare of Children FC;CG

FbG Department of Education FDepEdG

FcG Department of the *nterior and 1ocal


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FmG 9ther institutions focused on +uvenile +ustice and interventionprograms

'he $$;C shall be composed of representatives, )hose ran(s shall not be lo)erthan director, to be designated by the concerned heads of the follo)ingdepartments or agencies/

FaG Department of $ustice FD9$G

FbG Department of Social ;elfare and Development FDS;DG

FcG Council for the ;elfare of Children FC;CG

FdG Department of Education FDepEdG

FeG Department of the *nterior and 1ocal


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F3G the performance and results achieved by +uvenile interventionprograms and by activities of the local government units andother government agencies

F6G the periodic trends, problems and causes of +uveniledelinquency and crimes and

F5G the particular needs of children in conflict )ith the la) incustody

'he data gathered shall be used by the $$;C in the improvement of theadministration of +uvenile +ustice and )elfare system

'he $$;C shall set up a mechanism to ensure that children are involvedin research and policy development

FhG 'hrough duly designated persons and )ith the assistance of theagencies provided in the preceding section, to conduct regularinspections in detention and rehabilitation facilities and to underta(e

spot inspections on their o)n initiative in order to chec( compliance)ith the standards provided herein and to ma(e the necessaryrecommendations to appropriate agencies

FiG 'o initiate and coordinate the conduct of trainings for thepersonnel of the agencies involved in the administration of the+uvenile +ustice and )elfare system and the +uvenile interventionprogram

F+G 'o submit an annual report to the 8resident on the implementationof this Act and

F(G 'o perform such other functions as may be necessary to implementthe provisions of this Act

SEC 3> olicies and rocedures on Juvenile Justice and :elfare.: Allgovernment agencies enumerated in Section = shall, )ith the assistance of the$$;C and )ithin one F3G year from the effectivity of this Act, draft policiesand procedures consistent )ith the standards set in the la) 'hese policiesand procedures shall be modified accordingly in consultation )ith the $$;Cupon the completion of the national +uvenile intervention program as providedunder Section FdG

SEC 33 Child -ights Center %C-C).: 'he e&isting Child 0ights Center of theCommission on Human 0ights shall ensure that the status, rights and interestsof children are upheld in accordance )ith the Constitution and internationalinstruments on human rights 'he CH0 shall strengthen the monitoring ofgovernment compliance of all treaty obligations, including the timely andregular submission of reports before the treaty bodies, as )ell as theimplementation and dissemination of recommendations and conclusions bygovernment agencies as )ell as N


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prevention of +uvenile delinquency and in the rehabilitation andreintegration of child in conflict )ith the la) Schools shall provideadequate, necessary and individuali"ed educational schemes for childrenmanifesting difficult behavior and children in conflict )ith the la) *ncases )here children in conflict )ith the la) are ta(en into custody ordetained in rehabilitation centers, they should be provided the opportunityto continue learning under an alternative learning system )ith basic literacyprogram or non: formal education accreditation equivalency system

SEC 34 The -ole of the 7ass 7edia.: 'he mass media shall play an activerole in the promotion of child rights, and delinquency prevention by relayingconsistent messages through a balanced approach #edia practitioners shall,therefore, have the duty to maintain the highest critical and professionalstandards in reporting and covering cases of children in conflict )ith thela) *n all publicity concerning children, the best interest of the childshould be the primordial and paramount concern Any undue, inappropriate andsensationali"ed publicity of any case involving a child in conflict )ith thela) is hereby declared a violation of the childQs rights

SEC 3I =stablish$ent and >trengthening of 9ocal Councils for the rotectionof Children.: 1ocal Councils for the 8rotection of Children F1C8CG shall beestablished in all levels of local government, and )here they have alreadybeen established, they shall be strengthened )ithin one F3G year from theeffectivity of this Act #embership in the 1C8C shall be chosen from amongthe responsible members of the community, including a representative from theyouth sector, as )ell as representatives from government and private agenciesconcerned )ith the )elfare of children

'he local council shall serve as the primary agency to coordinate )ith andassist the 1


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SEC 3 Co$$unity2based rogra$s on Juvenile Justice and :elfare.:Community:based programs on +uvenile +ustice and )elfare shall be institutedby the 15, other)ise ,(no)n as K'he Child and Pouth ;elfare CodeK

'*'1E 2$U2EN*1E $US'*CE AND ;E1.A0E SPS'E#

CHA8'E0 **N*'*A1 C9N'AC' ;*'H 'HE CH*1D

SEC 63 rocedure for Taking the Child into Custody.: .rom the moment achild is ta(en into custody, the la) enforcement officer shall/

FaG E&plain to the child in simple language and in a dialect thatheshe can understand )hy heshe is being placed under custody and theoffense that heshe allegedly committed

FbG *nform the child of the reason for such custody and advise thechild of hisher constitutional rights in a language or dialect

understood by himher

FeG 8roperly identify himselfherself and present proper identificationto the child

FdG 0efrain from using vulgar or profane )ords and from se&uallyharassing or abusing, or ma(ing se&ual advances on the child inconflict )ith the la)

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FeG Avoid displaying or using any firearm, )eapon, handcuffs or otherinstruments of force or restraint, unless absolutely necessary and onlyafter all other methods of control have been e&hausted and have failed

FfG 0efrain from sub+ecting the child in conflict )ith the la) togreater restraint than is necessary for hisher apprehension

FgG Avoid violence or unnecessary force

FhG Determine the age of the child pursuant to Section J of this Act

FiG *mmediately but not later than eight F=G hours after apprehension,turn over custody of the child to the Social ;elfare and Development9ffice or other accredited Nhave been informed of the apprehension and the details thereofand

5 'he e&haustion of measures to determine the age of a child andthe precise details of the physical and medical e&amination orthe failure to submit a child to such e&amination and

FmG Ensure that all statements signed by the child during investigationshall be )itnessed by the childQs parents or guardian, social )or(er,

or legal counsel in attendance )ho shall affi& hisher signature to thesaid statement

A child in conflict )ith the la) shall only be searched by a la) enforcementofficer of the same gender and shall not be loc(ed up in a detention cell

SEC 66 Duties During Initial Investigation.: 'he la) enforcement officershall, in hisher investigation, determine )here the case involving the childin conflict )ith the la) should be referred

'he ta(ing of the statement of the child shall be conducted in the presenceof the follo)ing/ F3G childQs counsel of choice or in the absence thereof, ala)yer from the 8ublic AttorneyQs 9ffice F6G the childQs parents, guardian,

or nearest relative, as the case may be and F5G the local social )elfare anddevelopment officer *n the absence of the childQs parents, guardian, ornearest relative, and the local social )elfare and development officer, theinvestigation shall be conducted in the presence of a representative of anN


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FaG 8roceed in accordance )ith Section 6> if the child is fifteen F3IGyears or belo) or above fifteen F3IG but belo) eighteen F3=G years old,)ho acted )ithout discernment and

FbG *f the child is above fifteen F3IG years old but belo) eighteenF3=G and )ho acted )ith discernment, proceed to diversion under the

follo)ing chapter

CHA8'E0 6D*2E0S*9N

SEC 65 >yste$ of Diversion.: Children in conflict )ith the la) shallundergo diversion programs )ithout undergoing court proceedings sub+ect tothe conditions herein provided/

FaG ;here the imposable penalty for the crime committee is not morethan si& F?G years imprisonment, the la) enforcement officer or 8unongarangay )ith the assistance of the local social )elfare anddevelopment officer or other members of the 1C8C shall conduct

mediation, family conferencing and conciliation and, )here appropriate,adopt indigenous modes of conflict resolution in accordance )ith thebest interest of the child )ith a vie) to accomplishing the ob+ectivesof restorative +ustice and the formulation of a diversion program 'hechild and hisher family shall be present in these activities

FbG *n victimless crimes )here the imposable penalty is not more thansi& F?G years imprisonment, the local social )elfare and developmentofficer shall meet )ith the child and hisher parents or guardians forthe development of the appropriate diversion and rehabilitationprogram, in coordination )ith the C8C

FcG ;here the imposable penalty for the crime committed e&ceeds si& F?G

years imprisonment, diversion measures may be resorted to only by thecourt

SEC 64 >tages :here Diversion 7ay be Conducted.: Diversion may beconducted at the !atarungang 8ambarangay, the police investigation or theinquest or preliminary investigation stage and at all 3evels and phases ofthe proceedings including +udicial level

SEC 6I Conferencing* 7ediation and Conciliation.: A child in conflict )ithla) may undergo conferencing, mediation or conciliation outside the criminal+ustice system or prior to his entry into said system A contract ofdiversion may be entered into during such conferencing, mediation orconciliation proceedings

SEC 6? Contract of Diversion.: *f during the conferencing, mediation orconciliation, the child voluntarily admits the commission of the act, adiversion program shall be developed )hen appropriate and desirable asdetermined under Section 5> Such admission shall not be used against thechild in any subsequent +udicial, quasi:+udicial or administrativeproceedings 'he diversion program shall be effective and binding if acceptedby the parties concerned 'he acceptance shall be in )riting and signed bythe parties concerned and the appropriate authorities 'he local social)elfare and development officer shall supervise the implementation of thediversion program 'he diversion proceedings shall be completed )ithin forty:five F4IG days 'he period of prescription of the offense shall be suspendeduntil the completion of the diversion proceedings but not to e&ceed forty:

five F4IG days

'he child shall present himselfherself to the competent authorities thatimposed the diversion program at least once a month for reporting andevaluation of the effectiveness of the program

.ailure to comply )ith the terms and conditions of the contract of diversion,as certified by the local social )elfare and development officer, shall givethe offended party the option to institute the appropriate legal action

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'he period of prescription of the offense shall be suspended during theeffectivity of the diversion program, but not e&ceeding a period of t)o F6Gyears

SEC 6J Duty of the unong Barangay :hen There is 3o Diversion.: *f theoffense does not fall under Section 65FaG and FbG, or if the child, hisher

parents or guardian does not consent to a diversion, the 8unong arangayhandling the case shall, )ithin three F5G days from determination of theabsence of +urisdiction over the case or termination of the diversionproceedings, as the case may be, for)ard the records of the case of the childto the la) enforcement officer, prosecutor or the appropriate court, as thecase may be Upon the issuance of the corresponding document, certifying tothe fact that no agreement has been reached by the parties, the case shall befiled according to the regular process

SEC 6= Duty of the 9a+ =nforce$ent fficer :hen There is 3o Diversion.: *fthe offense does not fall under Section 65FaG and FbG, or if the child,hisher parents or guardian does not consent to a diversion, the ;omen andChildren 8rotection Des( of the 8N8, or other la) enforcement officerhandling the case of the child under custody, to the prosecutor or +udgeconcerned for the conduct of inquest andor preliminary investigation todetermine )hether or not the child should remain under custody andcorrespondingly charged in court 'he document transmitting said recordsshall display the )ord KCH*1DK in bold letters

SEC 6 5actors in Deter$ining Diversion rogra$.: *n determining )hetherdiversion is appropriate and desirable, the follo)ing factors shall be ta(eninto consideration/

FaG 'he nature and circumstances of the offense charged

FbG 'he frequency and the severity of the act

FcG 'he circumstances of the child Feg age, maturity, intelligence,etcG

FdG 'he influence of the family and environment on the gro)th of thechild

FeG 'he reparation of in+ury to the victim

FfG 'he )eight of the evidence against the child

FgG 'he safety of the community and

FhG 'he best interest of the child

SEC 5> 5or$ulation of the Diversion rogra$.: *n formulating a diversionprogram, the individual characteristics and the peculiar circumstances of thechild in conflict )ith the la) shall be used to formulate an individuali"edtreatment

'he follo)ing factors shall be considered in formulating a diversion programfor the child/

FaG 'he childQs feelings of remorse for the offense heshe committed

FbG 'he parentsQ or legal guardiansQ ability to guide and supervise thechild

FcG 'he victimQs vie) about the propriety of the measures to beimposed and

FdG 'he availability of community:based programs for rehabilitation andreintegration of the child

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SEC 53 ?inds of Diversion rogra$s.: 'he diversion program shall includeadequate socio:cultural and psychological responses and services for thechild At the different stages )here diversion may be resorted to, thefollo)ing diversion programs may be agreed upon, such as, but not limited to/

FaG At the level of the 8unong arangay/

F3G 0estitution of property

F6G 0eparation of the damage caused

F5G *ndemnification for consequential damages

F4G ;ritten or oral apology

FIG Care, guidance and supervision orders

F?G Counseling for the child in conflict )ith the la) and the

childQs family

FJGAttendance in trainings, seminars and lectures on/

FiG anger management s(ills

FiiG problem solving andor conflict resolution s(ills

FiiiG values formation and

FivG other s(ills )hich )ill aid the child in dealing )ithsituations )hich can lead to repetition of the offense

F=G 8articipation in available community:based programs,including community service or

FG 8articipation in education, vocation and life s(ills programs

FbG At the level of the la) enforcement officer and the prosecutor/

F3G Diversion programs specified under paragraphs FaGF3G to FaGFG herein and

F6G Confiscation and forfeiture of the proceeds or instruments ofthe crime

FcG At the level of the appropriate court/

F3G Diversion programs specified under paragraphsFaGand FbG above

F6G ;ritten or oral reprimand or citation

F5G .ine/

F4G 8ayment of the cost of the proceedings or

FIG *nstitutional care and custody

CHA8'E0 5809SECU'*9N

SEC 56 Duty of the rosecutor,s ffice.: 'here shall be a speciallytrained prosecutor to conduct inquest, preliminary investigation andprosecution of cases involving a child in conflict )ith the la) *f there isan allegation of torture or ill:treatment of a child in conflict )ith the la)

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during arrest or detention, it shall be the duty of the prosecutor toinvestigate the same

SEC 55 reli$inary Investigation and 5iling of Infor$ation.: 'heprosecutor shall conduct a preliminary investigation in the follo)inginstances/ FaG )hen the child in conflict )ith the la) does not qualify for

diversion/ FbG )hen the child, hisher parents or guardian does not agree todiversion as specified in Sections 6J and 6= and FcG )hen considering theassessment and recommendation of the social )or(er, the prosecutor determinesthat diversion is not appropriate for the child in conflict )ith the la)

Upon serving the subpoena and the affidavit of complaint, the prosecutorshall notify the 8ublic AttorneyQs 9ffice of such service, as )ell as thepersonal information, and place of detention of the child in conflict )iththe la)

Upon determination of probable cause by the prosecutor, the informationagainst the child shall be filed before the .amily Court )ithin forty:fiveF4IG days from the start of the preliminary investigation

CHA8'E0 4C9U0' 809CEED*N


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SEC 5= Auto$atic >uspension of >entence.: 9nce the child )ho is undereighteen F3=G years of age at the time of the commission of the offense isfound guilty of the offense charged, the court shall determine and ascertainany civil liability )hich may have resulted from the offense committedHo)ever, instead of pronouncing the +udgment of conviction, the court shallplace the child in conflict )ith the la) under suspended sentence, )ithoutneed of application/ rovided, ho+ever, 'hat suspension of sentence shallstill be applied even if the +uvenile is already eighteen years F3=G of ageor more at the time of the pronouncement of hisher guilt

Upon suspension of sentence and after considering the various chcumstances ofthe child, the court shall impose the appropriate disposition measures asprovided in the Supreme Court 0ule on $uveniles in Conflict )ith the 1a)

SEC 5 Discharge of the Child in Conflict +ith the 9a+.: Upon therecommendation of the social )or(er )ho has custody of the child, the courtshall dismiss the case against the child )hose sentence has been suspendedand against )hom disposition measures have been issued, and shall order thefinal discharge of the child if it finds that the ob+ective of thedisposition measures have been fulfilled

'he discharge of the child in conflict )ith the la) shall not affect thecivil liability resulting from the commission of the offense, )hich shall beenforced in accordance )ith la)

SEC 4> -eturn of the Child in Conflict +ith the 9a+ to Court.: *f thecourt finds that the ob+ective of the disposition measures imposed upon thechild in conflict )ith the la) have not been fulfilled, or if the child inconflict )ith the la) has )illfully failed to comply )ith the conditions ofhisher disposition or rehabilitation program, the child in conflict )ith thela) shall be brought before the court for e&ecution of +udgment

*f said child in conflict )ith the la) has reached eighteen F3=G years of age)hile under suspended sentence, the court shall determine )hether todischarge the child in accordance )ith this Act, to order e&ecution ofsentence, or to e&tend the suspended sentence for a certain specified periodor until the child reaches the ma&imum age of t)enty:one F63G years

SEC 43 Credit in >ervice of >entence.: 'he child in conflict )ith the la)shall be credited in the services of hisher sentence )ith the full timespent in actual commitment and detention under this Act

SEC 46 robation as an Alternative to I$prison$ent.: 'he court may, afterit shall have convicted and sentenced a child in conflict )ith the la), andupon application at any time, place the child on probation in lieu of service

of hisher sentence ta(ing into account the best interest of the child .orthis purpose, Section 4 of 8residential Decree No ?=, other)ise (no)n asthe K8robation 1a) of 3J?K, is hereby amended accordingly

CHA8'E0 IC9N.*DEN'*A1*'P 9. 0EC90DS AND 809CEED*N


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conflict )ith the la) shall not be used in subsequent proceedings for casesinvolving the same offender as an adult, e&cept )hen beneficial for theoffender and upon hisher )ritten consent

A person )ho has been in conflict )ith the la) as a child shall not be heldunder any provision of la), to be guilty of per+ury or of concealment or

misrepresentation by reason of hisher failure to ac(no)ledge the case orrecite any fact related thereto in response to any inquiry made to himherfor any purpose

'*'1E 2*0EHA*1*'A'*9N AND 0E*N'E


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determination, may require the citymunicipality )here the child in conflict)ith the la) resides to shoulder the cost

All city and provincial governments must e&ert effort for the immediateestablishment of local detention homes for children in conflict )ith the la)

SEC I3 Confine$ent of Convicted Children in Agricultural Ca$ps and otherTraining 5acilities.: A child

in conflict )ith the la) may, after conviction and upon order of the court,be made to serve hisher sentence, in lieu of confinement in a regular penalinstitution, in an agricultural camp and other training facilities that maybe established, maintained, supervised and controlled by the UC90, incoordination )ith the DS;D

SEC I6 -ehabilitation of Children in Conflict +ith the 9a+.: Children inconflict )ith the la), )hose sentences are suspended may, upon order of thecourt, undergo any or a combination of disposition measures best suited tothe rehabilitation and )elfare of the child as provided in the Supreme Court

0ule on $uveniles in Conflict )ith the 1a)

*f the community:based rehabilitation is availed of by a child in conflict)ith the la), heshe shall be released to parents, guardians, relatives orany other responsible person in the community Under the supervision andguidance of the local social )elfare and development officer, and incoordination )ith hisher parentsguardian, the child in conflict )ith thela) shall participate in community:based programs, )hich shall include, butnot limited to/

F3G Competency and life s(ills development

F6G Socio:cultural and recreational activities

F5G Community volunteer pro+ects

F4G 1eadership training

FIG Social services

F?G Homelife services

FJG Health services

F=G Spiritual enrichment and

FG Community and family )elfare services

*n accordance there)ith, the family of the child in conflict )ith the la)shall endeavor to actively participate in the community:based rehabilitation

ased on the progress of the youth in the community, a final report )ill befor)arded by the local social )elfare and development officer to the courtfor final disposition of the case

*f the community:based programs are provided as diversion measures underChapter **, 'itle 2, the programs enumerated above shall be made available tothe child in conflict )ith the la)

SEC I5 Eouth -ehabilitation Center.: 'he youth rehabilitation center shallprovide 64:hour group care, treatment and rehabilitation services under theguidance of a trained staff )here residents are cared for under a structuredtherapeutic environment )ith the end vie) of reintegrating them in theirfamilies and communities as socially functioning individuals A quarterlyreport shall be submitted by the center to the proper court on the progressof the children in conflict )ith the la) ased on the progress of the youth

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in the center, a final report )ill be for)arded to the court for finaldisposition of the case 'he DS;D shall establish youth rehabilitationcenters in each region of the country

SEC I4 bjectives of Co$$unity Based rogra$s.: 'he ob+ectives ofcommunity:based programs are as follo)s/

FaG 8revent disruption in the education or means of livelihood of thechild in conflict )ith the la) in case heshe is studying, )or(ing orattending vocational learning institutions

FbG 8revent separation of the child in conflict )ith the la) fromhisher parentsguardians to maintain the support system fostered bytheir relationship and to create greater a)areness of their mutual andreciprocal responsibilities

FcG .acilitate the rehabilitation and mainstreaming of the child inconflict )ith the la) and encourage community support and involvementand

FdG #inimi"e the stigma that attaches to the child in conflict )ith thela) by preventing +ail detention

SEC II Criteria of Co$$unity2Based rogra$s.: Every 1upport >ervices for Children in Conflict +ith the 9a+.:

Children in conflict )ith the la) )hose cases have been dismissed by theproper court because of good behavior as per recommendation of the DS;Dsocial )or(er andor any accredited Ntatus ffenees.: Any conduct not considered an offense or notpenali"ed if committed by an adult shall not be considered an offense andshall not be punished if committed by a child

SEC F. ffenses 3ot Applicable to Children.: 8ersons belo) eighteen F3=Gyears of age shall be e&empt from prosecution for the crime of vagrancy andprostitution under Section 6>6 of the 0evised 8enal Code, of mendicancy under8residential Decree No 3I?5, and sniffing of rugby under 8residential DecreeNo 3?3, such prosecution being inconsistent )ith the United NationsConvention on the 0ights of the Child/ rovided, 'hat said persons shall

undergo appropriate counseling and treatment program

SEC G. =(e$ption fro$ the Application of Death enalty.: 'he provisions ofthe 0evised 8enal Code, as amended, 0epublic Act No 3?I, other)ise (no)n asthe Comprehensive Dangerous Drugs Act of 6>>6, and other special la)snot)ithstanding, no death penalty shall be imposed upon children in conflict)ith the la)

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CHA8'E0 6809H**'ED AC'S

SEC H. rohibition Against 9abeling and >ha$ing.: *n the conduct of theproceedings beginning from the initial contact )ith the child, the competentauthorities must refrain from branding or labeling children as young

criminals, +uvenile delinquents, prostitutes or attaching to them in anymanner any other derogatory names 1i(e)ise, no discriminatory remar(s andpractices shall be allo)ed particularly )ith respect to the childQs class orethnic origin

SEC H". ther rohibited Acts.: 'he follo)ing and any other similar actsshall be considered pre+udicial and detrimental to the psychological,emotional, social, spiritual, moral and physical health and )ell:being of thechild in conflict )ith the la) and therefore, prohibited/

FaG Employment of threats of )hatever (ind and nature

FbG Employment of abusive, coercive and punitive measures such as

cursing, beating, stripping, and solitary confinement

FcG Employment of degrading, inhuman end cruel forms of punishment suchas shaving the heads, pouring irritating, corrosive or harmfulsubstances over the body of the child in conflict )ith the la), orforcing himher to )al( around the community )earing signs )hichembarrass, humiliate, and degrade hisher personality and dignity and

FdG Compelling the child to perform involuntary servitude in any andall forms under any and all instances

CHA8'E0 58ENA1 8092*S*9N

SEC H!. 8iolation of the rovisions of this Act or -ules or -egulations ineneral.: Any person )ho violates any provision of this Act or any rule orregulation promulgated in accordance thereof shall, upon conviction for eachact or omission, be punished by a fine of not less than ')enty thousand pesosF86>,>>>>>G but not more than .ifty thousand pesos F8I>,>>>>>G or sufferimprisonment of not less than eight F=G years but not more than ten F3>Gyears, or both such fine and imprisonment at the discretion of the court,unless a higher penalty is provided for in the 0evised 8enal Code or specialla)s *f the offender is a public officer or employee, heshe shall, inaddition to such fine andor imprisonment, be held administratively liableand shall suffer the penalty of perpetual absolute disqualification

CHA8'E0 4A880980*A'*9N 8092*S*9N

SEC ?5 Appropriations.: 'he amount necessary to carry out the initialimplementation of this Act shall be charged to the 9ffice of the 8resident'hereafter, such sums as may be necessary for the continued implementation ofthis Act shall be included in the succeeding ,>>>,>>>>>G for the purpose ofsetting up the $$;C shall be ta(en from the proceeds of the 8hilippineCharity S)eepsta(es 9ffice

'*'1E 2***'0ANS*'90P 8092*S*9NS

SEC ?4 Children in Conflict +ith the 9a+ 5ifteen %") Eears ld andBelo+.: Upon effectivity of this Act, cases of children fifteen F3IG yearsold and belo) at the time of the commission of the crime shall immediately bedismissed and the child shall be referred to the appropriate local social)elfare and development officer Such officer, upon thorough assessment of

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the child, shall determine )hether to release the child to the custody ofhisher parents, or refer the child to prevention programs as provided underthis Act 'hose )ith suspended sentences and undergoing rehabilitation at theyouth rehabilitation center shall li(e)ise be released, unless it is contraryto the best interest of the child

SEC ?I Children Detained ending Dial.: *f the child is detained pendingtrial, the .amily Court shall also determine )hether or not continueddetention is necessary and, if not, determine appropriate alternatives fordetention

*f detention is necessary and heshe is detained )ith adults, the court shallimmediately order the transfer of the child to a youth detention home

SEC ?? Inventory of 9ocked2up and Detained Children in Conflict +ith the9a+.: 'he 8N8, the $#8 and the UC90 are hereby directed to submit to the$$;C, )ithin ninety F>G days from the effectivity of this Act, an inventoryof all children in conflict )ith the la) under their custody

SEC ?J Children :ho -each the Age of =ighteen %"F) Eears ending Diversionand Court roceedings.: *f a child reaches the age of eighteen F3=G yearspending diversion and court proceedings, the appropriate diversion authorityin consultation )ith the local social )elfare and development officer or the.amily Court in consultation )ith the Social Services and Counseling DivisionFSSCDG of the Supreme Court, as the case may be, shall determine theappropriate disposition *n case the appropriate court e&ecutes the +udgmentof conviction, and unless the child in conflict the la) has already availedof probation under 8residential Decree No ?>5 or other similar la)s, thechild may apply for probation if qualified under the provisions of the8robation 1a)

SEC ?= Children :ho /ave Been Convicted and are >erving >entence.: 8ersons

)ho have been convicted and are serving sentence at the time of theeffectivity of this Act, and )ho )ere belo) the age of eighteen F3=G years atthe time the commission of the offense for )hich they )ere convicted and areserving sentence, shall li(e)ise benefit from the retroactive application ofthis Act 'hey shall be entitled to appropriate dispositions provided underthis Act and their sentences shall be ad+usted accordingly 'hey shall beimmediately released if they are so qualified under this Act or otherapplicable la)

'*'1E *.*NA1 8092*S*9NS

SEC ? -ule 7aking o+er.: 'he $$;C shall issue the *00s for theimplementation of the provisions of this act )ithin ninety F>G days from theeffectivity thereof

SEC J> >eparability Clause.: *f, for any reason, any section or provisionof this Act is declared unconstitutional or invalid by the Supreme Court, theother sections or provisions hereof not dfected by such declaration shallremain in force and effect

SEC J3 -epealing Clause.: All e&isting la)s, orders, decrees, rules andregulations or parts thereof inconsistent )ith the provisions of this Act arehereby repealed or modified accordingly

SEC J6 =ffectivity.: 'his Act shall ta(e effect after fifteen F3IG daysfrom its publication in at least t)o F6G national ne)spapers of generalcirculation

Approved,

.0AN!1*N D0*19N8resident of the Senate

$9SE DE 2ENEC*A $0Spea(er of the House of

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0epresentatives

'his Act )hich is a consolidation of Senate ill No 34>6 and House ill NoI>?I )as finally passed by the Senate and the House of 0epresentatives on#arch 66, 6>>?

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Considering that the child should be fully prepared to live an individuallife in society, and brought up in the spirit of the ideals proclaimed in theCharter of the United Nations, and in particular in the spirit of peace,dignity, tolerance, freedom, equality and solidarity,

earing in mind that the need to e&tend particular care to the child has been

stated in the


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parents are living separately and a decision must be made as to the childQsplace of residence

6 *n any proceedings pursuant to paragraph 3 of the present article, allinterested parties shall be given an opportunity to participate in theproceedings and ma(e their vie)s (no)n

5 States 8arties shall respect the right of the child )ho is separated fromone or both parents to maintain personal relations and direct contact )ithboth parents on a regular basis, e&cept if it is contrary to the childQs bestinterests

4 ;here such separation results from any action initiated by a State 8arty,such as the detention, imprisonment, e&ile, deportation or death Fincludingdeath arising from any cause )hile the person is in the custody of the StateGof one or both parents or of the child, that State 8arty shall, upon request,provide the parents, the child or, if appropriate, another member of thefamily )ith the essential information concerning the )hereabouts of theabsent memberFsG of the family unless the provision of the information )ould

be detrimental to the )ell:being of the child States 8arties shall furtherensure that the submission of such a request shall of itself entail noadverse consequences for the personFsG concerned

Article 3>

3 *n accordance )ith the obligation of States 8arties under article ,paragraph 3, applications by a child or his or her parents to enter or leavea State 8arty for the purpose of family reunification shall be dealt )ith byStates 8arties in a positive, humane and e&peditious manner States 8artiesshall further ensure that the submission of such a request shall entail noadverse consequences for the applicants and for the members of their family

6 A child )hose parents reside in different States shall have the right tomaintain on a regular basis, save in e&ceptional circumstances personalrelations and direct contacts )ith both parents 'o)ards that end and inaccordance )ith the obligation of States 8arties under article , paragraph3, States 8arties shall respect the right of the child and his or her parentsto leave any country, including their o)n, and to enter their o)n country'he right to leave any country shall be sub+ect only to such restrictions asare prescribed by la) and )hich are necessary to protect the nationalsecurity, public order Fordre publicG, public health or morals or the rightsand freedoms of others and are consistent )ith the other rights recogni"ed inthe present Convention

Article 33

3 States 8arties shall ta(e measures to combat the illicit transfer and non:return of children abroad

6 'o this end, States 8arties shall promote the conclusion of bilateral ormultilateral agreements or accession to e&isting agreements

Article 36

3 States 8arties shall assure to the child )ho is capable of forming his orher o)n vie)s the right to e&press those vie)s freely in all mattersaffecting the child, the vie)s of the child being given due )eight inaccordance )ith the age and maturity of the child

6 .or this purpose, the child shall in particular be provided theopportunity to be heard in any +udicial and administrative proceedingsaffecting the child, either directly, or through a representative or anappropriate body, in a manner consistent )ith the procedural rules ofnational la)

Article 35

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3 'he child shall have the right to freedom of e&pression this right shallinclude freedom to see(, receive and impart information and ideas of all(inds, regardless of frontiers, either orally, in )riting or in print, in theform of art, or through any other media of the childQs choice

6 'he e&ercise of this right may be sub+ect to certain restrictions, but

these shall only be such as are provided by la) and are necessary/

FaG .or respect of the rights or reputations of others or

FbG .or the protection of national security or of public order FordrepublicG, or of public health or morals

Article 34

3 States 8arties shall respect the right of the child to freedom of thought,conscience and religion

6 States 8arties shall respect the rights and duties of the parents and,)hen applicable, legal guardians, to provide direction to the child in thee&ercise of his or her right in a manner consistent )ith the evolvingcapacities of the child

5 .reedom to manifest oneQs religion or beliefs may be sub+ect only to suchlimitations as are prescribed by la) and are necessary to protect publicsafety, order, health or morals, or the fundamental rights and freedoms ofothers

Article 3I

3 States 8arties recogni"e the rights of the child to freedom of association

and to freedom of peaceful assembly

6 No restrictions may be placed on the e&ercise of these rights other thanthose imposed in conformity )ith the la) and )hich are necessary in ademocratic society in the interests of national security or public safety,public order Fordre publicG, the protection of public health or morals or theprotection of the rights and freedoms of others

Article 3?

3 No child shall be sub+ected to arbitrary or unla)ful interference )ith hisor her privacy, family, or correspondence, nor to unla)ful attac(s on his orher honour and reputation

6 'he child has the right to the protection of the la) against suchinterference or attac(s

Article 3J

States 8arties recogni"e the important function performed by the mass mediaand shall ensure that the child has access to information and material from adiversity of national and international sources, especially those aimed atthe promotion of his or her social, spiritual and moral )ell:being andphysical and mental health

'o this end, States 8arties shall/

FaG Encourage the mass media to disseminate information and material ofsocial and cultural benefit to the child and in accordance )ith the spirit ofarticle 6

FbG Encourage international co:operation in the production, e&change anddissemination of such information and material from a diversity of cultural,national and international sources

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FaG Ensure that the adoption of a child is authori"ed only by competentauthorities )ho determine, in accordance )ith appl

Juvenile Justice How the Philippine Justice System Treats Juvenile Delinquency_001

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