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ISABELA STATE UNIVERSITY
University for People, Nature, Entr4epreneurship & Innovation
Unit 2: LEA 327 Children and Women Laws
Module 2: 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
Introduction
.The topic on RA 9344 will give a better insight on the students on the extent and limitations of the juvenile justice welfare
system of the Philippine setting cover the different stages involving children at risk and children in conflict with the law from
prevention to rehabilitation and reintegration.
Objectives
1. Discuss the overview of R.A. 9344
2. Distinguish its difference from R.A. 7610
3. Enumerate and explain its stages involving child at risk and children in conflict with law
4. Distinguish Rehabilitation from Reintegration.
Discussion Proper
SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all times:
(a) The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical,
moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage
their involvement in public and civic affairs.
(b) The State shall protect the best interests of the child through measures that will ensure the observance of international
standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall
be conducted in the best interest of the child and in a manner which allows the child to participate and to express
himself/herself freely. The participation of children in the program and policy formulation and implementation related to
juvenile justice and welfare shall be ensured by the concerned government agency.
(c) The State likewise recognizes the right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development.
(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State recognizes the right of
every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner
consistent with the promotion of the child's sense of dignity and worth, taking into account the child's age and desirability
of promoting his/her reintegration. Whenever appropriate and desirable, the State shall adopt measures for dealing with
such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully
respected. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among
others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster
care, education and vocational training programs and other alternatives to institutional care.
(e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious
perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent with the protection of
the rights of children belonging to these communities.
(f) The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in
conflict with the law.
SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:
(a) "Bail" refers to the security given for the release of the person in custody of the law, furnished by him/her or a
bondsman, to guarantee his/her appearance before any court. Bail may be given in the form of corporate security,
property bond, cash deposit, or recognizance.
(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most congenial to the
survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and
emotional development. It also means the least detrimental available alternative for safeguarding the growth and
development of the child.
(e) "Child" refers to a person under the age of eighteen (18) years.
(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses because of
personal, family and social circumstances, such as, but not limited to, the following:
(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 street child;
(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.
e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having committed an offense
under Philippine laws.
Who is a child in conflict with the law? (sec. 4e)
One who is alleged as, accused of, or adjudged as, having committed an offense under Philippine law.
Minimum Age of Criminal Responsibility (sec. 6)
Exempt from criminal liability:
Child under 15 years of age
Above 15 years but below 18, if WITHOUT discernment.
No exemption from civil liability.
Minimum Age of Criminal Responsibility (sec. 6)
How is age determined?
Presumption of minority; if there is doubt, in favor of child.
Evidence:
– Documents: birth certificate, baptismal or other pertinent documents;
– In the absence of documents, testimonies of other persons, physical appearance or other relevant
evidence.
Juvenile Justice and Welfare Council (JJWC) (sec. 8)
Attached to DOJ and under its administrative supervision, but chaired by DSWD undersecretary.
Composition: Representatives with ranks not lower than director:
DOJ, DSWD, CWC, DepEd, DILG, CHR, NYC, & 2 reps. from NGOs.
f) "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.
(g) "Court" refers to a family court or, in places where there are no family courts, any regional trial court.
(h) "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.
(i) "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.
(j) "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.
(k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict with the law by law
enforcement officers or private citizens. It includes the time when the child alleged to be in conflict with the law receives a
subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section
9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged
to be in conflict with the law under immediate custody.
(I) "Intervention" refers to a series of activities which are designed to address issues that caused the child to commit an offense. It
may take the form of an individualized treatment program which may include counseling, skills training, education, and other
activities that will enhance his/her psychological, emotional and psycho-social well-being.
(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in conflict with the law,
which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-
integration and aftercare to ensure their normal growth and development.
(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article 152 of the Revised Penal Code,
including a barangay tanod.
(0) "Offense" refers to any act or omission whether punishable under special laws or the Revised Penal Code, as amended.
(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the
appearance in court of the child in conflict with the law, when required.
(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the maximum involvement of the
victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and
the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by
activating the offender, the victim and the community in prevention strategies.
(r) "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 and the like.
(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.
(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the Department of Social Welfare and
Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law. Rehabilitation services are provided under the guidance of a trained staff
where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families
and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court
disposition of the charges against them.
(u) "Victimless Crimes" refers to offenses where there is no private offended party.
Juvenile Justice and Welfare Council (JJWC) (sec. 8)
Duties and Functions of JJWC, among others (sec. 9)
a. Oversee the implementation of the Act;
b. Periodically develop a comprehensive 3 to 5-year national juvenile intervention program with participation of government offices
and NGOs;
c. Conduct regular inspections in detention and rehabilitation facilities and undertake spot inspections to check compliance and
make recommendations.
Role of the Different Sectors (secs. 12-17 and IRR)
Family
– Responsible for the primary nurturing and rearing of children which is critical in delinquency prevention.
Educational System
– Provide adequate, necessary and individualized educational schemes for children manifesting difficult
behavior and children in conflict with the law;
For detained children in conflict with the law, provide the opportunity to continue under an alternative learning system or non-formal
education accreditation equivalency system
Prevention of Juvenile Delinquency
Role of the Different Sectors
Local Councils for the Protection of Children (LCPC)
– Coordinate with and assist the LGU concerned for the adoption of a comprehensive plan on
delinquency prevention.
– Assist the Punong Barangay in conducting diversion proceedings.
– Assist the local SWD officer in the development of the appropriate diversion program in victimless
crimes.
Sangguniang Kabataan
– Coordinate with LCPC;
Comprehensive Juvenile Intervention Program (secs. 18 & 19)
3 year period Intervention program in LGUs from province to barangay -
– A series of activities, to address issues that caused the child to commit an offense;
– May take the form of individualized treatment program;
With participation from all sectors (including NGOs, PO) in the planning process and implementation.
Comprehensive Juvenile Intervention Program
(secs. 18 & 19)
Institution of community-based programs on juvenile justice and welfare in LCPC, school, youth organizations
and other concerned agencies;
– 3 levels of intervention:
1. Primary - measures to promote social justice and equal opportunity;
2. Secondary - measures to assist children at risk;
3. Tertiary - measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending.
d. To be treated with humanity and respect;
Separate quarter from adult offenders;
Conveyed separately to and form court;
Separate holding area during hearing;
Maintain contact with family (e.g. correspondence and visits save in exceptional circumstances);
e. To prompt access to legal and other appropriate assistance;
Challenge the legality of the deprivation of liberty;
Prompt decision;
Juvenile and Justice Welfare System
Initial Contact with the Child in Conflict with the Law
What is discernment?
Mental capacity to understand the difference between right and wrong.
What are the bases for assessment of discernment:
Facts and circumstances of the case, but NOT indicators of premeditation or intention;
Educational level and performance;
Appearance, attitude, comportment and behavior before, during and after commission.
Initial Contact with the Child in Conflict with the Law
After initial investigation, where is the case referred? (Sec. 23 and IRR)
b. To Law Enforcement Officer or Punong Barangay for DIVERSION if child is -
– ABOVE 15 but below 18, WITH discernment, in crimes with imposable penalty of not more than 6 years
imprisonment.
c. To Prosecutor or Judge if child is -
– ABOVE 15 but below 18, WITH discernment in crimes with imposable penalty of more than 6 years
imprisonment.
Intervention for Children Exempt from Criminal Liability (sec. 20 and IRR)
The authority who has initial contact with the child -
Immediately release the child to the custody of parents/guardians, or in their absence, nearest relative.
– If parents/guardian or nearest relative cannot be located:
duly registered NGO or religious organization;
a barangay official or member of the BCPC;
a local SWD officer, or when appropriate to the DSWD.
Intervention for Children Exempt from Criminal Liability (sec. 20 and IRR)
The authority gives notice to local SWD officer who will –
Prepare a case study report;
Determine appropriate intervention in consultation with the child and the person having the child’s custody; and
If found to be abandoned, neglected or abused by parents, or parents will not comply with the prevention
program, files a petition for involuntary commitment.
Who may qualify? (sec. 23 and IRR)
a. Child above 15 years but below 18 years of age;
b. Acted with discernment;
c. Offense has imposable penalty NOT more than 6 years imprisonment.
d. Offense committed has imposable penalty EXCEEDING 6 years but NOT more than 12 years imprisonment, diversion by the
court if appropriate.
Juvenile and Justice Welfare System
System of Diversion (sec. 23 and IRR)
Where the imposable penalty is not more than 6 years imprisonment, the law enforcement officer or Punong Barangay,
with assistance of local SWD or members of the BCPC -
Conduct mediation, family conferencing and conciliation;
Where appropriate, adopt indigenous modes of conflict resolution;
Stages where Diversion may be conducted: (sec. 24)
Katarungang Pambarangay,
Police investigation,
Inquest or preliminary investigation by prosecutor,
All levels/phases of the proceedings including judicial level
Conferencing, Mediation and Conciliation
Conduct of diversion proceedings (IRR)
Proceedings must be child-friendly;
Use of simple and understandable language;
Conducted in a place where identities of parties are kept confidential; enough privacy.
Custody of child pending diversion proceedings is given to the parents/guardians.
Rehabilitation and Reintegration
Objective/Goal: (sec. 44)
Provide interventions to enable children in conflict with the law to improve their social functioning.
With the goal of reintegrating them to their families and making them productive members of their communities.
Community-based Rehabilitation (sec. 52)
Objectives: (sec. 54)
a. Prevent disruption in the education or means of livelihood;
b. Prevent separation from his parents/guardian and create greater awareness of mutual and reciprocal responsibilities;
c. Facilitate child’s rehabilitation and mainstreaming, and encourage community involvement; and
d. Minimize the stigma.
Rehabilitation and Reintegration
Community-based Rehabilitation (sec. 52)
Child is released to parents, guardian, relative or other responsible person of the community;
Under SWD supervision.
Child’s family must endeavor to participation in community-based rehabilitation.
Rehabilitation and Reintegration
Institutional Rehabilitation (IRR)
Where community-based rehabilitation is inappropriate, child may be committed:
1. Youth Detention Home - for detained child pending trial;
2. Youth Rehabilitation - for child with suspended sentence;
3. Agricultural Camps - for convicted child serving sentence;
4. Other training facilities.
Court order is required before child’s admission to rehabilitation or training facility. (sec. 45)
Must be entered in a register exclusively for children in conflict with the law;
No admission in any facility without such register.
Rehabilitation and Reintegration
Institutional Rehabilitation
In all rehabilitation or training facilities, separate confinement from adult, with provision for 24 hours care, treatment and
rehabilitation. (secs. 46, 47 & 53)
For female children:
– Special attention to their personal needs and problems;
– Handled by female doctors, correction officers and social workers; and
– Separate accommodation from male children in conflict with the law.
Gender-sensitivity training is mandatory for all personnel of rehabilitation and training facilities. (sec. 48)
Rehabilitation and Reintegration
Institutional rehabilitation
Quarterly progress report and final report on the child must be submitted by Youth Center to the court;
After conviction, a child in conflict with the law may be made to serve sentence in agricultural camp and other training
facilities. (sec. 51)
Rehabilitation and Reintegration
After-care Support Services (sec. 56)
Six (6) months after-care support services for children whose cases have been dismissed.
Services includes counseling and other services designed to facilitate reintegration, prevent re-offending and
make them productive community members.
Exempting Provisions (secs. 32, 37 in rel. to secs. 57-59)
Status offenses: any conduct not penalized if committed by an adult is not punished if committed by a child. (sec. 57)
Crimes where a child is exempt from prosecution, but must undergo counseling and treatment to be determined by local
SWD officer -
Vagrancy and prostitution (sec. 202, RPC);
Mendicancy (PD 1563);
Sniffing of rugby (PD 1619). if RPC.
Exemption from the application of death penalty (sec.59)
.
Transitory Provisions (secs. 64-68)
What happens to children in conflict with the law 15 year and below?
Case must be immediately dismissed; and
Referred to the local SWD to determine if:
– Child is released to the custody of parents, or
– referred to prevention programs.
Child under suspended sentences and undergoing rehabilitation must also be released, UNLESS contrary to the
best interest of the child.
SAQ (self-assessment questionnaire)
1. Distinguish Child at Risk from Child in Conflict with the Law
2. Enumerate and Define the level of interventions based on how you perceived it.
3. How can be discernment defined under R.A 9344?
4. What modalities are used in addressing the concerns on Children at risk and Children in Conflict with the Law?
ASAQ (Answer to self-assessment questionnaire)
1. Answer may vary
2. Primary
Secondary definition may vary
Tertiary
3. Answer may vary
Summary
REPUBLIC ACT No. 9344
The State shall protect the best interests of the child through measures that will ensure the observance of
international standards of child protection, especially those to which the Philippines is a party. Proceedings before any
authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to
express himself/herself freely. The participation of children in the program and policy formulation and implementation
related to juvenile justice and welfare shall be ensured by the concerned government agency.
The State likewise recognizes the right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development
(a) "Bail" refers to the security given for the release of the person in custody of the law, furnished by him/her or a
bondsman, to guarantee his/her appearance before any court. Bail may be given in the form of corporate security,
property bond, cash deposit, or recognizance.
(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most congenial to the
survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and
emotional development. It also means the least detrimental available alternative for safeguarding the growth and
development of the child.
(e) Child" refers to a person under the age of eighteen (18) years.
(f) Child at Risk- refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal,
family and social circumstances, such as, but not limited to, the following:
(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 street child;
(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.
(g) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having committed an
offense under Philippine laws.
Who is a child in conflict with the law? (sec. 4e)
One who is alleged as, accused of, or adjudged as, having committed an offense under Philippine law.
Minimum Age of Criminal Responsibility (sec. 6)
Exempt from criminal liability:
Child under 15 years of age
Above 15 years but below 18, if WITHOUT discernment.
No exemption from civil liability.
Minimum Age of Criminal Responsibility (sec. 6)
How is age determined?
Presumption of minority; if there is doubt, in favor of child.
Evidence:
– Documents: birth certificate, baptismal or other pertinent documents;
– In the absence of documents, testimonies of other persons, physical appearance or other relevant
evidence.
Who may qualify? (sec. 23 and IRR)
a. Child above 15 years but below 18 years of age;
b. Acted with discernment;
c. Offense has imposable penalty NOT more than 6 years imprisonment.
d. Offense committed has imposable penalty EXCEEDING 6 years but NOT more than 12 years imprisonment, diversion
by the court if appropriate.
Rehabilitation and Reintegration
After-care Support Services (sec. 56)
Six (6) months after-care support services for children whose cases have been dismissed.
Services includes counseling and other services designed to facilitate reintegration, prevent re-offending and
make them productive community members.
Exempting Provisions (secs. 32, 37 in rel. to secs. 57-59)
Status offenses: any conduct not penalized if committed by an adult is not punished if committed by a child. (sec. 57)
Crimes where a child is exempt from prosecution, but must undergo counseling and treatment to be determined by local
SWD officer -
Vagrancy and prostitution (sec. 202, RPC);
Mendicancy (PD 1563);
Sniffing of rugby (PD 1619). if RPC.
Exemption from the application of death penalty (sec.59)
.
Transitory Provisions (secs. 64-68)
What happens to children in conflict with the law 15 year and below?
Case must be immediately dismissed; and
Referred to the local SWD to determine if:
– Child is released to the custody of parents, or
– referred to prevention programs.
Child under suspended sentences and undergoing rehabilitation must also be released, UNLESS contrary to the
best interest of the child.
References
1. https://www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
2. www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
3. www.lawphil.net/statutes/repacts/ra2013/ra_10630_2013.htm
