Question & AnswerQ&A (Republic Act No. 10630)
The new title is "An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile Justice and Welfare Council under the Department of Social Welfare and Development, Appropriating Funds Therefor, and for Other Purposes."
"Bahay Pag-asa" refers to a 24-hour child-caring institution by LGUs and/or licensed NGOs providing short-term residential care for children in conflict with the law aged above 15 but below 18, awaiting court disposition or transfer. It features an intensive juvenile intervention and support center operated by a multi-disciplinary team.
A child 15 years old or below at the time of the offense is exempt from criminal liability but subject to intervention. Children above 15 but below 18 are also exempt unless they acted with discernment, in which case they are subject to appropriate legal proceedings.
The JJWC includes representatives not lower than director level from DOJ, DSWD, CWC, DepED, DILG, CHR, NYC, DOH, NGOs, and representatives from the Leagues of Provinces, Cities, Municipalities, and Barangays.
Duties include overseeing implementation of the law, advising the President, assisting in policy formulation, developing national juvenile intervention programs, coordinating agencies, conducting research, inspecting facilities, conducting trainings, and reporting to Congress and the President.
The RJJWC oversees the law's implementation at the regional and local levels, assists in policy compliance, develops local juvenile intervention programs, coordinates activities, conducts inspections and trainings, gathers regional data, and reports to the JJWC.
Children 15 years old or below taken into custody must be immediately released to parents or guardians or nearest relative unless otherwise for best interest. They are subjected to community-based intervention programs or referred to youth care facilities or Bahay Pag-asa as necessary.
Such a child is deemed neglected under Presidential Decree No. 603 and mandatorily placed in a special facility called the Intensive Juvenile Intervention and Support Center (IJISC) inside youth care or Bahay Pag-asa facilities for rehabilitation and intervention.
A child above 12 up to 15 who commits offenses a second time, after community-based intervention, is deemed a neglected child and undergoes intensive supervision and intervention. If necessary, they may be placed in a youth care facility or Bahay Pag-asa subject to voluntary or involuntary commitment procedures.
The person who exploits or profits from the use of children in crimes shall be imposed the maximum penalty prescribed by law for the crime committed.
Parents of children in conflict with the law may be required by the court to undergo counseling or anti-offense interventions. They are liable for damages unless they prove they exercised reasonable supervision and diligence to prevent offenses.
Conduct not penalized if committed by adults shall not be punished for children. Local ordinance violations such as curfew, truancy, and minor public order offenses shall not be penalized but handled with protective custody and intervention programs treating the child as 'at risk,' not 'in conflict with the law.'
Investigations must determine proper referral, and taking the child's statement must be done in presence of counsel, parents or guardian, and social welfare officer or representative to ensure protection and proper assessment of the child's discernment.
Preliminary investigation is conducted when the child doesn't qualify for diversion, refuses diversion, or prosecutor deems diversion inappropriate. Information must allege the child acted with discernment and be filed within 45 days before the Family Court.
Each province and highly urbanized city (LGUs) shall build, fund, and operate a Bahay Pag-Asa, following DSWD-adopted standards with a special facility (IJISC) for intensive interventions.
LGUs shall include expected expenses for juvenile intervention in their annual budgets, with separate budgets for construction and maintenance of Bahay Pag-Asa and IJISC. The national government appropriated P400 million for construction with LGU counterparts.
Any conduct not penalized if committed by adults shall not be considered an offense or punished when committed by children.
All duty-bearers handling cases of children in conflict with the law must record pertinent information like age, residence, crime, and intervention detail to ensure correct law application. JJWC leads the centralized information management system.
The Act takes effect 15 days after publication in the Official Gazette or in at least two national newspapers of general circulation.