Juvenile Justice and Welfare Act of 2006.pptx

Children Conflict with the Law

1. University of Cebu Graduate School   Master of Science in Criminal Justice with Specialization in Criminology A Topic Report :   MSC 219B – Juvenile Offending Domestic Violence Crime Victimization and Intervention   “R.A. 9344 – JUVENILE JUSTICE AND WELFARE ACT OF 2006 Sec.33-42” Presented to :   DR. PAUL V. PIOQUINTO, CST, CSP, CCSSM, RCRIM Professor    Presented by: PEARLYN MAE D. PALADA Your name

2. PRESENTATION SEQUENCE Learning Objectives Introduction/Topic Overview SWOT Conclusion Recommendation References

3. Topic Learning Objectives At the end of this report: The learners will be able to analyze the provision of Section 33 to 42 of R.A. No. 9344 engaging Children in Conflict with the law. The learners will be able to appreciate the court process engaging Children in Conflict with the law. The learners will be able to distinguish the importance of court proceeding engaging Children in conflict with the law.

4. INTRODUCTION Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile Justice and Welfare System as a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development. Before R.A. No. 9344 was enacted, children at risk and CICL were treated much like adult offenders as when former President Ferdinand Marcos, Sr. signed into law the Judiciary Reorganization Act 1980 which abolished the juvenile and domestic relations courts. As such child offenders were subjected to the same adversarial proceedings as their adult counterparts.  As an offshoot of the United Nations Convention on the Rights of the Child (UNCRC), the R.A. No. 9344 intends to deal with these children without resorting to judicial proceedings. Instead of punishing juvenile offenders and treating them as criminals, these child offenders will be provided by the State and the community with assistance to prevent them from committing future offences (Sanchez, Overview of Philippine Juvenile Justice and Welfare).

5. This discussion will focus on Sections 33 through 42 of Republic Act 9344, which includes: Section 33. Preliminary Investigation and Filing of Information. Section 34. Bail. Section 35. Release on Recognizance. Section 36. Detention of The Child Pending Trial Section 37. Diversion Measures.  Section 38. Automatic Suspension of Sentence.  Section 39. Discharge of The Child in Conflict with The Law.  Section 40. Return of The Child in Conflict with The Law to Court.  Section 41. Credit in Service of Sentence.  Section 42. Probation as an Alternative to Imprisonment.

6. STRENGHT This Court proceeding separates the CICL and Child at Risk from adults confinement to prevent the criminalization of children through contact with adult offenders. It recognizes that children have developmental needs that require different programs and services than those for adults. It protects the well-being and safety of children. In recognition of this, separate units in juvenile detention centers should be established for young adults assessed as suitable for the programs. This detention center is called Bahay Pag- asa – Giving children hope and a brighter future. Bahay Pag- asa , when translated into English, means  House of Hope . The place serves as a short-term sanctuary for children at risk (CAR) and children in conflict with the Law (CICL) in support of a restorative justice and welfare system in a protective and enabling environment. Rehabilitation not Imprisonment, The Juvenile Justice and Welfare Act (JJWA) of 2006 does not consider child offenders, criminals. Instead, it also sees them as victims brought about by their bleak experiences and the negative effects of the physical environment. These children now have hope that they may improve, change, and work toward a better future because of this law. The Regional Juvenile Justice Welfare Council (RJJWC) acts as the policymaking body to ensure that the law is implemented effectively in the regions.

7. WEAKNESS 1) The delayed court proceedings, Processing delinquency cases has received much less attention from policy makers, practitioners, and researchers. This lack of interest may stem from the untested assumption that the juvenile justice system is always swifter than the adult courts. 2) The insufficient capacity of juvenile justice actors, social workers, police, prosecutors, and judges, and 3) The weak commitment from the LGU Out of the 114 Bahay Pag- asa that should have been established by Provincial Governments and highly-urbanized cities as mandated by law, there are only 35 operational centers nationwide that offer services for Children in Conflict with the Law (CICL).  The lack of support of the LGUs affected the delivery of programs for CICL among the 81 provinces and 33 highly-urbanized cities, which are required to implement measures to assist the youngsters to step up prevention, intervention, diversion, rehabilitation, and reintegration programs that would foster basic education, spiritual formation, life, and livelihood skills.

8. OPPORTUNITIES The Children in conflict with the law can acquire education, skills and other learning programs through their rehabilitation process. Base: Considerable evidences show that most programs provide an enabling environment for the rehabilitation and reintegration of CICL. Most CICL are able to continue their formal education schooling through the programs in which they participate. Some CICL are able to attend vocational training programs. Interviews with parents and children confirm changes in the behavior of the CICL in the programs.

9. THREATS The Children in conflict with the law will commit another crime. In the Philippines it is not the first time that a teenager has committed heinous crimes. Youth offenders are becoming braver and delving into more serious crimes. From petty street crimes, they are now figuring in heinous crimes that would send them to jail for life, or worse, join the death row in the absence of the Juvenile Justice law; the implementation of which is now also being considered by some lawmakers to deter the commission of drug-related heinous crimes. But children at risk or children in conflict with the law are more vulnerable to human-rights abuse. Hence, they need effective intervention to correct their behavior. The law, however, seemed to fail in curbing the number of children getting involved in crimes. Worse, those involved in petty and even serious crimes are getting younger and younger, some committing crimes like robbery-holdup, murder, illegal drug use and peddling, prompting some lawmaker to think about lowering the age of criminal responsibility.

10. CONCLUSION A juvenile offender differs from an adult offender. Therefore, juveniles in conflict with the law are to be treated differently from adult delinquents. The court must take into account the personality and needs of the juvenile, and social reaction toward juveniles should be directed to education and assistance measures to assist in their development, remove causes of anti-social and criminal behaviour and prevent re-offending. All procedures involving juveniles offenders must observe the principle of proportionality take into account not just the crime and risk for the society but also personality of the juvenile, home environment, age, education and affinities.

11. RECOMMENDATION Care and protection systems should be strengthened to prevent children from coming into contact with the law at all. It is vital that governments should decriminalize status offences and basic survival behavior, as well as being a victim of sexual abuse and anti-social behavior. Governments should prioritize diversion options as a first response to children coming into contact with the law. The formal justice apparatus should be called on for violent offences only. Comprehensive, restorative juvenile justice systems, centered on children, should take international standards seriously and improve upon the option of detention. Those who are violent with children need to be monitored closely and brought to justice. Reintegration and rehabilitation in the community and in society must be upheld as the twin goals of all work that concerns children in conflict with the law.

12. REFFERENCES REPUBLIC ACT No. 9344             AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES https://lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html https://batasnatin.com/law-library/criminal-law/general-provisions/2393-mitigating-circumstances.html RA 9344 or The Juvenile Justice and Welfare Act of 2006: A Case Study on its Implementation in Bacolod City https://legalresearchph.com/2019/06/16/ra-9344-or-the-juvenile-justice-and-welfare-act-of-2006-a-case- study-on-its-implementation-in- bacolod -city/ Separation of adults and juveniles in detention https://www.alrc.gov.au/publication/seen-and-heard-priority-for-children-in-the-legal-process-alrc-report- 84/20-detention/separation-of-adults-and-juveniles-in-detention/ The child in conflict with the law (CICL) (Part II of “Empowering our Children, Not Oppressing Them” https://www.philstar.com/other-sections/education-and-home/2019/02/07/1891489/child-conflict-law-cicl Delays in Juvenile Justice https://www.ojp.gov/pdffiles1/Digitization/171640NCJRS.pdf

13. Only 35 centers in PH for children in conflict with law, ( February 10, 2017) https://www.sunstar.com.ph/article/125513/only-35-centers-in-ph-for-children-in-conflict-with-law Juvenile Delinquency in the Philippines: Is Juvenile Justice Fair?, BusinessMirror May 19, 2022 https://businessmirror.com.ph/2022/05/19/juvenile-delinquency-in-the-philippines/ Bahay Pag- asa : A haven of second chances for child offenders, Published on: January 31, 2023 By Gelaine Louise Gutierrez https://pia.gov.ph/features/2023/01/31/bahay-pag-asa-a-haven-of-second-chances-for-child-offenders

14. THANK YOU!!!!