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JUVENILE JUSTICE
WELFARE ACT OF2006Republic Act No.
9344
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Overview/Outline of Topics
Brief History and Backgroundof the Law
Salient Features of R.A.No.9344
Role of the Barangay Councilfor Protection of Children in theImplementation of R.A.9344
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UN Convention on the
Rights of the Child
Four Categories of Child Rights:Survival Rights
Developmental RightsProtection RightsParticipation Rights
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.Rights
Right of CICL to legal help and fairtreatment in a justice system that respects their rights.
To set a minimum age below whichchildren cannot be held criminallyresponsible
To provide the minimum guarantees for thefairness and quick resolution of judicial or
alternative proceedings
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Philippine Laws
National Laws protecting the Rights of Childrenin Conflict with the Law (CICL)were limited.
P.D. No. 603 or the Child and Youth WelfareCode spelled out special procedures in handlingCICL
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History
Continued violations of child rights wereeasily observed at the time of arrest andincarceration of a CICL.
Formal education of child offenders whowere enrolled at the time
of arrest was disrupted. At the same timethey also learn vices such as smoking,gambling, drinking and substance abuse
from them.
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Principle of Restorative Justice
A process of resolving conflicts with themaximum involvement of the victim, the
offender and the community.
Reparation for the victim / Reconciliation of
the offender, the offended party and thecommunity / Reassurance to the offenderthat he or she can be reintegrated into society.
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On Restorative Justice
Enhancement of public safety by activatingthe offender, the victim and the community in
prevention strategies.
It is one that presumes that children inconflict with the law are themselves victims .
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The various processes by which
child offenders are prevented fromentering the formal criminal justicesystem.
A typical component of therestorative approach.
Diversion
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Outdated because it was enacted in1932
Adult-oriented / Distinct circumstances
of a CICL are not taken into account / NoDiversion /Stigma of Criminality / No provision for aftercare / Punishes Status
Offenses
There is a need for a law outside the
RPC
Revised Penal Code (RPC)
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AN ACT ESTABLISHING A
COMPREHENSIVE JUVENILEJUSTICE AND WELFARE SYSTEM,CREATING THE JUVENILE JUSTICE
AND WELFARE COUNCIL UNDER THEDEPARTMENT OF JUSTICE,APPROPRIATING FUNDS THEREFORAND FOR OTHER PURPOSES.
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Juvenile Justice Welfare Actof 2006
It became effective on May20,2006.
Its Implementing Rules andRegulations (IRR) were enacted on
September 19, 2006.
R.A. No. 9344
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GeneralFramework
Principle of Restorative
Justice
Best Interest of the Child
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Best Interest of the Child refers to
the totality of the circumstances andconditions which are most congenial to thesurvival, protection and feelings of security of
the child and most encouraging to the childs physical, psychological and emotionaldevelopment. It also means the leastdetrimental available alternative forsafeguarding the growth and development ofthe child.
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Age of Criminal Responsibility
Children above 15 years of age but below 18 years of age who
acted WITH DISCERNMENT
Increased from above 9 years oldto above 15 years old
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The mental capacity of a child tounderstand the difference between what isright or wrong and the consequences of hisacts
Discernment relates to the moral significance that theperson attaches to the act
Discernment
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Assessment on Discernment
Preliminary assessment must beconducted by the Local Social Welfare
Development Officer (LSWDO) duringinitial investigation
Final assessment falls on the Courtwhich hears the case of the CICL
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Final Assessment byCourt
It is incumbent upon the prosecution to
prove that said minor acted withdiscernment.
Minor between the ages of 15 and 18must have FULLY appreciated theconsequences of the unlawful act.
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Take into consideration all the facts andcircumstances in the records of each case suchas:
Appearance / Attitude /Comportment of theCICL.
Before, during and after the commission of thecrime.
Also during trial.
How to Determine Discernment
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Determination of Age
Presumption of minority/ has rights ofCICL until proven 18 years old or older
Birth certificate, baptismal certificate,
other pertinent documents (schoolrecords)
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In the absence:
Information from child, physicalappearance, testimonies of other
persons or other relevantevidence.
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A child exactly 15 years old or below.
A child above 15 years old but below 18years old who acted WITHOUTDISCERNMENT.
Children who commit Status Offenses.
Exemptions from Criminal Liability
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Procedure for Children Criminally
Exempted
They have civil liability to be borne by the parents
They must undergo TERTIARY INTERVEN-TION PROGRAM which is the same as diversionPROGRAM
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Intervention Program
A series of activities designed to addressissues that caused the child to commit anoffense. Three Levels Primary, Secondary andTertiary
For CICLs, they must undergo the TertiaryLevel of Intervention.
Tertiary Level of Intervention is the same
as DIVERSION.
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(a) Primary intervention includes generalmeasures to promote social justice and equalopportunity, which tackle perceived rootcauses of offending;
(b) Secondary intervention includesmeasures to assist children at risk; and
(c) Tertiary intervention includes measures
to avoid unnecessary contact with the formal justice system and other measures to preventre-offending.
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Procedure on Intervention
A CICL 15 years old and below takeninto custody, must be immediatelyreleased to his/her parents,
BCPC,LSWDO
With Notice to LSWDO to determine
appropriate programs with child, parentsif D-A-N (dysfunctional family,abandoned, neglected)
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An alternative, child-appropriate process ofdetermining the responsibility and treatmentof a CICL.
Based on his/her social, cultural, economic, psychological or educational background.
WITHOUT resorting to formal court proceedings .
Diversion
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CICL above fifteen (15) years but below eighteen (18) years of age whoacted with discernment.
Children who are 15 years old and below who committed an offense.
Who Undergoes Diversion?
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Barangay, Police, Prosecutor Level If offense has imposable penalty of notmore than six (6) yearsof imprisonment.
Court If the imposable penalty of more thansix (6) years of imprisonment.
Venues Of Diversion
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Conducted by the Lupon Tagapamayapa,chaired by the Punong Barangay, with the
assistance of the members of the BCPC.
Punong Barangay shall conduct
mediation / family conferencing /conciliation / adopt indigenous modes of conflictresolution.
Katarungang Pambarangayv Level
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Absence of the offended party orhis/her disagreement in its conduct shallnot prevent the proceedings from being
conducted.
The Punong Barangay shall, however,endeavor to obtain the participation andthe consent of the offended party in theformulation of the diversion .
Barangay Level
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Objectives: restorative justice /formulationof a diversion program.
Child and his/her family shall be presentin the conduct of these diversion
proceedings.
Offended party may participate in thediversion proceedings.
Barangay Level
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Contract of Diversion
Child voluntarily admitscommission of the act
Victim and offender must both agree to diversion
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Diversion Program Must be in writing signed by parties &concerned authorities
Local Social WelfareOfficer implements/supervises the Diversion
Program
Diversion proceedings to be completed in 45days
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On Diversion Program
Child must present himself/herself atleast once a month for reporting&evaluation
Failure to comply w/ the termsand conditions of DP as certified by theLSWDO, victim has the option toinstitute appropriate legal action
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Formulation of the Diversion
ProgramAn individualized treatment
Consider the following factors:
Childs feelings of remorse for the offense he
or she committed / Parents 'or legal guardiansability to guide and supervise the child
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/ Victims viewabout the propriety of the measures to beimposed / Availability of community-
based programs for rehabilitation andreintegration of the child
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Kinds of Diversion Program
Restitution of property
Reparation of the damage caused
Indemnification for consequential damages
Written or oral apology
Care, guidance and supervision orders Counseling for the CICL and thechild's family
Attendance in trainings, seminar and lectures on: anger managementskills, problem solving and/or conflict resolution skills, values formation,
other skills in dealing w situations which can
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Care, guidance and supervision ordersCounseling for the CICL and the child'sfamily
Attendance in trainings, seminar andlectures on: anger management skills,
problem solving and/or conflict
resolution skills, values formation
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Barangay Level
Participation in availablecommunity-based programsincluding community service
Participation in education,vocation and life skills programs
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Law Enforcement &Prosecution& Social Worker Level
Diversion programs previously specified.
Confiscation and forfeiture of the proceedsor instruments of the crime.
C L l
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Court Level Diversion programs previously specified
Written or oral reprimand or citation
Fine
Payment of cost of the proceedings
Institutional care and custody
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Court ProceedingsApply privileged mitigating circumstance of Minorityto fix, Reduce Bail
IF CHILD IS DETAINED: Release On Recognizance,Bail, Transfer to Youth Home, Rehabilitation Center
Institutionalization Last Resort, for Shortest Period
No detention of child in jail pending trial
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When CICL Found GuiltyDetermine Civil Liability
Instead of pronouncing judgment ofconviction, automatic suspensionof sentence full credit of time in
detention, actual confinement /otherdisposition measures under SC Rule onJICL
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Jurisprudence on
Suspension of SentenceAutomatic Suspension of service of sentenceDOES NOTAPPLY when penalty isreclusion perpetua, life imprisonment or death
(Declarador v. Hon. Gubaton, GR No.159208, 18Aug. 2006)
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DischargeUpon recommendation of Social Worker withcustody of Child,
Court dismisses Case, Orders Final Dischargeof CICL if Objectives of disposition measuresfulfilled
Discharge does not affect civil liabilityenforced in accordance with law
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Non -use of records in other proceedings except beneficial toCICL with written consent
No liability of child for perjury notdisclosing being CICL
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RehabilitationCommunity -based, Center-based
Court Order, hearing required foradmission
Gender Sensitivity Training forPersonnel
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On Rehabilitation . . .
Separate Facilities from Adults
Competency, Life SkillsDevelopment /socio-cultural,Recreational Activities /CommunityVolunteer Projects /LeadershipTraining
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Special Attention for femaleCICL (All-Female Team)Separate from male
Social, Home Life, HealthServices /Spiritual Enrichment /
Community, Family WelfareServices
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Return to Court for Executionof Judgment
For failure to comply with
disposition, rehabilitation condition
CICL reached 18 undersuspended sentence: Court orders discharge,execute sentence, extend rehabilitation untilmaximum of 21 years old
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Center-Based Rehabilitation
24 -hour group care
Youth Rehabilitation / Training Centers (musthave registration) established by DSWD
Youth Detention Homes by LGUs or Licensed,Accredited NGOs
Sharing of Costs (1/3 Municipal Provincial National) For Care, Maintenance of CICL
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Community-Based
ProgramsDirect Service
Prevents Disruption of education, separationof child from family
Facilitates Rehabilitation and Reintegration
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To minimize stigma to child
Each LGU to establish
program
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AftercareCICLs whose cases were dismissed dueto good behavior as recommended by
LSWDO
Discharge from rehabilitation center
Provided aftercare for at least 6 months by LSWDO
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PENALTIES UNDERRA9344
Fine of P20,000 -P50,000or Imprisonment of 8-10 years or Both
Perpetual Absolute Disqualification,if involving a public officer or employee
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Additional Information:
Adults who use minors to beg, as drug
couriers, in illegal acts: Liable underSec. 10 (E) RA7610; Penalty:Reclusion Perpetua
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