2019-REVIEW-JUVENILE Justice and welfare act

Review

1. REPUBLIC ACT NR 9344 (Juvenile Justice and Welfare Act of 2006)

2. Coverage Of The Law Different Stages Involving 1. Children At Risk [ Vulnerable To Committing Criminal Offenses Due To Personal, Family, Social Circumstances ] 2. CICL - from Prevention To Rehabilitation And Reintegration

3. CHILD AT RISK 1. being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child; (2) being exploited including sexually or economically; (3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found; (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.

4. CHILD AT RISK (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.

5. RA : 9344 Juvenile Justice & Welfare Act of 2006 - 20 May 2006 - IRR: 19 September 2006 Revised IRR: Dec 2009 Declaration Of State Policy : 1) Law That Protects Best Interests Of Child, 2) Applies The Principle Of Restorative Justice

6. What is RestorativeJustice ? Process of Resolving Conflicts With Maximum Involvement Of Victim [V], Offender [O], Community [C] Reparation For V Reconciliation Of O-V-C Reassurance to O that he/she can be reintegrated Into Society

7. Who Is a CICL? “Child In Conflict With The Law” [CICL] – Child Who Is Alleged, Accused Of Or Adjudged As Having Committed An Offense Under Philippines Laws

8. Community-based Programs ” Refers to the programs provided in a community setting developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community.

9. “Deprivation of Liberty” Refers to any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority.

10. What is Diversion ? Refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings.

11. 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 an offense without resorting to formal court proceedings. “ Intervention ” refers to a series of activities which are designed to address issues that caused the child to commit an offense. Example: counseling, skills training, education, etc…

12. “ Status Offenses ” Refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include: curfew violations truancy parental disobedience

13. "(s) ‘ BahayPag-asa ’ – refers to a 24-hour child-caring institution established, funded and managed by local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction REPUBLIC ACT NO. 10630 AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES, AMENDING FOR THE PURPOSE  REPUBLIC ACT NO. 9344 , OTHERWISE KNOWN AS THE "JUVENILE JUSTICE AND WELFARE ACT OF 2006" AND APPROPRIATING FUNDS THEREFOR.

14. (s) “Youth Detention Home” refers to a 24-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction Section 4, Republic Act 9344.

15. Exemption Raised From - 9 To 15 Years old Who are Exempted? 15 Years Of Age Or Younger At Time Of Commission Of Offense

16. Age Of Criminal Liability Fifteen (15) years old or above (15 + 1) but below eighteen (18) years of age

17. Raise Age of Criminal Responsibility Exempt unless with discernment Above 15 below 18 Exempt but with Intervention program 15 or under Criminal Liability age WCPC

18. Who determines the Age, When and How? Rule 22 of IRR – Law Enforcement Officer having initial contact with the Child; How? Birth Certificate; Baptismal Certificate; Other Pertinent Document [School Records] In The Absence: Law enforcement officer exhaust means by interviewing the child or any other person; evaluate physical appearance; Other Relevant Evidence

19. IF 15 AND BELOW NOTIFY the local Social Welfare and Development Officer (MSWDO) LSWD will determine the appropriate programs in consultation with the child and to the person having custody over the child. i mmediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative. WCPC

20. IF 15 AND BELOW IF parents cannot be located Child may be released to: Duly registered NGO or Religious Org. Barangay official or Member of the BCPC Local social welfare and development officer IF neglected, abused DSWD files petition for involuntary commitment WCPC

21. RA 10630 SEC. 20-A .  Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility . – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the youth care faculty or ‘ BahayPag-asa ’ called the Intensive Juvenile Intervention and Support Center (IJISC).

22. IF 15 ABOVE, BELOW 18 24 A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability if acted without discernment, and be subjected to an intervention program, Not be exempt from CIVIL LIABILITY unless he/she has acted with discernment , in which case, such child shall be subjected to the appropriate DIVERSION proceedings

23. WHAT IS DISCERNMENT? MENTAL CAPACITY TO KNOW WHAT IS RIGHT AND WHAT IS WRONG The determination of discernment shall take into account the ability of a child to understand the moral and psychological components of criminal responsibility and the consequences of the wrongful act; and whether a child can be held responsible for essentially anti-social behavior. Discernment is preliminarily determined by a social worker and finally by the court in the case of a child charged with a non-serious offense. In all other cases, discernment is determined by the court. Otherwise, trial shall continue.

24. STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE (RA 9344) SEC. 8.  Juvenile Justice and Welfare Council (JJWC).  – A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development .

25. "SEC. 8.  Juvenile Justice and Welfare Council (JJWC) . – A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Social Welfare and Development and placed under its administrative supervision. The JJWC shall be chaired by an Undersecretary of the Department of Social Welfare and Development. RA 10630

26. JJWC (RA10630) "(a) Department of Justice (DOJ); "(b) Council for the Welfare of Children (CWC); "(c) Department of Education ( DepED ); "(d) Department of the Interior and Local Government (DILG); "(e) Public Attorney’s Office (PAO); "(f) Bureau of Corrections (BUCOR); "(g) Parole and Probation Administration (PPA); "(h) National Bureau of Investigation (NBI); "( i ) Philippine National Police (PNP); "(j) Bureau of Jail Management and Penology (BJMP); "(k) Commission on Human Rights (CHR); "(l) Technical Education and Skills Development Authority (TESDA); "(m) National Youth Commission

27. WHAT IS DIVERSION ? ALTERNATIVE TO FORMAL PROCEEDINGS PROCESS OF DETERMINING THE RESPONSIBILITY OF THE CICL WITHOUT RESORTING TO FORMAL COURT PROCEEDINGS

28. The Different Levels of Diversion? At the level of the Punong Barangay ( WHERE THE IMPOSABLE PENALTY FOR THE CRIME IS NOT MORE THAN 6 YEARS IMPRISONMENT) At the level of the Law Enforcement Officer ( WHERE THE IMPOSABLE PENALTY FOR THE CRIME IS NOT MORE THAN 6 YEARS IMPRISONMENT)

29. At the level of the Prosecution ( WHERE THE IMPOSABLE PENALTY FOR THE CRIME EXCEEDS 6 YEARS IMPRISONMENT , DIVERSION MEASURES MAY BE RESORTED TO ONLY BY THE COURT. At the level of the Court ( WHERE THE IMPOSABLE PENALTY FOR THE CRIME EXCEEDS 6 YEARS IMPRISONMENT, DIVERSION MEASURES MAY BE RESORTED TO ONLY BY THE COURT.

30. NO DIVERSION? No Diversion if: * child is disqualified * child or parents do not agree to diversion * social worker recommends that diversion is not appropriate After which: Barangay shall forward the case to police (WCPD) for investigation/filing Law enforcement officer shall forward the case to prosecutor for preliminary investigation; WCPC

31. STEPS IN THE CONDUCT OF DIVERSION: STEP 1 EXPLAIN TO THE CICL AND FAMILY, THE OFFENDED PARTY/IES OBJECTIVE AND VALUE OF THE DIVERSION PROGRAM AS WELL A THE CONSEQUENCES OF NOT UNDERGOING THE PROCESS ASK THE CHILD THE CIRCUMSTANCES OF THE OFFENSE, THE MOTIVES FOR COMMITTING AND FACTORS THAT MIGHT HAVE LED THE CHILD TO COMMIT THE OFFENSE. ENABLE THE CHILD TO UNDERSTAND THE CONSEQUENCES OF HIS/HER ACTIONS AND CORRESPONDING RESPONSIBILITIES ENABLE THE CHILD TO REALIZE HIS/HER ACCOUNTABILITY, AND TAKE ON THE RESPONSIBILITY OF REPAIRING THE HARM DONE SO THAT A CASE WILL NOT BE FILED IN COURT. WCPC

32. STEP 2 PREPARE A WRITTEN DIVERSION CONTRACT BASED ON THE PRESCRIBED FORMAT WHICH SHOULD BE SIGNED BY THE CICL, PARENTS, SOCIAL WORKER AND ATTESTED BY THE CONCERNED BARANGAY OFFICIAL. SEE TO IT THAT THE CHILD VOLUNTARILY “ADMITS” THE COMMISSION OF THE ACT (such admission, however, cannot be used as evidence against the child) WCPC

33. STEP 3 WITH THE SIGNED CONTRACT, THE BARANGAY OFFICER SHOULD: MONITOR THE PROGRESS OF THE CHILD’S CONDUCT IN COORDINATION WITH THE SOCIAL WORKER INITIATE DIALOGUE WITH BARANGAY OFFICIALS AND PARENTS OF THE CICL AT IMPROVING THE MANAGEMENT OF THE CASE OF THE CICL ENSURE THAT ALL RECORDS ARE KEPT CONFIDENTIAL MAKE AN ASSESSMENT OF THE EFFECTIVENESS OF THE DIVERSION PROGRAM INITIATED BY THE POLICE WCPC

34. Diversion Programs: BARANGAY LEVEL (LUPON) Restitution of property (restored) Reparation of the damage caused (amount will be determined inclu- ding sentimental value of a thing) Indemnification for consequential damages (not only to injured party but also suffered by the family) Written or oral apology Care, guidance and supervision orders Counseling for the CICL and family

35. Continuation………… Attendance in trainings, seminars and lectures on: - Anger management skills -Problem solving and/or conflict resolution skills - Values formation, and Other skills which will aid the child in dealing with situations which he will not commit repetition of offense

36. NO INFORMATION SHALL BE FILED AGAINST CICL WHO COMMITTED: Status Offenses - Vagrancy, Truancy, ] - Curfew Violations, ] - Parental Disobedience, ] - Prostitution, ] - Mendicancy, ] - Sniffing Of Glue, Solvents] Shall be turned over to DSWD to undergo counseling and treatment program RELEASE

37. Initial Contact with the Child Initial contact – refers to the apprehension or taking into custody of a CICL by law enforcer or private citizens. It includes the time a CICL received a subpoena or summons. If a CICL is apprehended by private citizens, the child shall be immediately referred to the police to undergo investigation and determination of age.

38. ARREST IDENTIFY/ PRESENT ID EXPLAIN NOTIFY REASON FOR ARREST OFFENSE COMITTED CONSTITUTIONALRIGHTS PARENTS SOCIAL WORKER PAO PHYSICAL AND MENTAL EXAM PROTECTION DETERMINE AGE w/n 8 hrs . TURN OVER CUSTODY TO THE SW WCPC NOTE: If arrested by private citizens, turn over to police

39. Confidentiality Of Records Proceedings : Privacy at all stages of proceedings Non - Disclosure Of Records To Media Separate Records Records maybe divulged with authority of a judge Non - Use Of Records In Other Proceedings Except Beneficial To CICL With Written Consent Keep result of medical examination including photographs

40. Prohibited ACTs NO Handcuff NO Detention NO Search by an officer of the opposite sex NO Contact with adult offenders or opposite sex NO Vulgar language NO Harassment and abuse NO Display and use of instruments of force NO Violence or unnecessary force

41. Prohibited ACTs If handcuffs or other instrument of restraint was used, the law enforcement officer (persons in authority or an agent and barangay tanod) shall record such fact in the report on the initial investigation. (Sec 21 (i) and Rule 23,f.) (Law Enforcement Officer refers to the person in authority or an agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod. ( n)

42. Penalties Not less than P20,000.00 for each act but not more than P50,000.00 Or suffer an imprisonment of not less than eight (8) years but not more than ten (10) years Or both (imprisonment and fine) If public officer or employee, maybe held administratively liable with penalty of absolute disqualification.

43. Transitory Provisions Retroactive: CICL 15 yrs and Below : Dismissed Above 15 – but below 18 Years Old Convicted, Serving Sentence At Effectivity Of RA 9344 At Time Of Commission Of Offense : - Can Benefit From Retroactive Application/Appropriate Dispositions/ Sentences Adjusted/Released If Qualified Under RA 9344

44. LOCAL COUNCIL FOR THE PROTECTION OF CHILDREN All levels of government shall have Local Councils for the Protection of Children: Province – Provincial Council for the Protection of Children (LCPC) City – City Council for the Protection of Children (CCPC) Municipality – Municipal Council for the Protection of Children, and Barangay – Barangay Council for the Protection of Children (BCPC)

45. FUNCTIONS OF LCPC Each barangay,municipality and city shall appropriate in its annual budget one percent (1%) of its annual internal revenue allotment (IRA) for the strengthening and implementation of the programs of the LCPC. The LGU concerned shall be responsible for the disbursement of the fund provided by existing laws.

46. BCPC Chairperson – Punong Barangay Members – Brgy Kagawad (Chairperson WF), Nutrition Scholar, Day Care worker, health/ nurse/ midwife, DepEd Principal/Teacher, Chief Tanod, SK Chairperson, Child rep, PTA Pres and at least 3 NGOs NOTE: Membership reviewed by DILG

47. Responsibility of BCPC Take custody of CICL 15 years or below if parents, guardians or nearest relatives cannot be located (if refused – violation of Sec 20 of the act. To be present during the initial investigation of CICL in the absence of parents, guardians or nearest relatives to ensure that right of children are protected

48. Gender Sensitivity Training NO PERSONNEL SHALL HANDLE CHILDREN IN CONCLICT WITH THE LAW WITHOUT HAVING UNDERGONE GENDER SENSITIVITY TRAINING. LGUs IN COORDINATION WITH DSWD SHALL PROVIDE GENDER SENSITIVITY TRAINING TO ALL LOCAL OFFICIALS

49. STEPS IN THE CONDUCT OF DIVERSION: STEP 1 EXPLAIN TO THE CICL AND FAMILY, THE OFFENDED PARTY/IES OBJECTIVE AND VALUE OF THE DIVERSION PROGRAM AS WELL A THE CONSEQUENCES OF NOT UNDERGOING THE PROCESS ASK THE CHILD THE CIRCUMSTANCES OF THE OFFENSE, THE MOTIVES FOR COMMITTING AND FACTORS THAT MIGHT HAVE LED THE CHILD TO COMMIT THE OFFENSE. ENABLE THE CHILD TO UNDERSTAND THE CONSEQUENCES OF HIS/HER ACTIONS AND CORRESPONDING RESPONSIBILITIES ENABLE THE CHILD TO REALIZE HIS/HER ACCOUNTABILITY, AND TAKE ON THE RESPONSIBILITY OF REPAIRING THE HARM DONE SO THAT A CASE WILL NOT BE FILED IN COURT. WCPC

50. STEP 2 PREPARE A WRITTEN DIVERSION CONTRACT BASED ON THE PRESCRIBED FORMAT WHICH SHOULD BE SIGNED BY THE CICL, PARENTS, SOCIAL WORKER AND ATTESTED BY THE CONCERNED POLICE OFFICER SEE TO IT THAT THE CHILD VOLUNTARILY “ADMITS” THE COMMISSION OF THE ACT (such admission, however, cannot be used as evidence against the child) WCPC

51. STEP 3 WITH THE SIGNED CONTRACT, THE POLICE OFFICER SHOULD: MONITOR THE PROGRESS OF THE CHILD’S CONDUCT IN COORDINATION WITH THE SOCIAL WORKER INITIATE DIALOGUE WITH BARANGAY OFFICIALS AND PARENTS OF THE CICL AT IMPROVING THE MANAGEMENT OF THE CASE OF THE CICL ENSURE THAT ALL RECORDS ARE KEPT CONFIDENTIAL MAKE AN ASSESSMENT OF THE EFFECTIVENESS OF THE DIVERSION PROGRAM INITIATED BY THE POLICE WCPC