QuestionsQuestions (Republic Act No. 10630)
RA 10630 is an act strengthening the Philippine juvenile justice system by amending Republic Act No. 9344 (the Juvenile Justice and Welfare Act of 2006) and appropriating funds for the juvenile justice and welfare system.
It amends the title to reflect a “Comprehensive Juvenile Justice and Welfare System,” including the creation of the Juvenile Justice and Welfare Council under the Department of Social Welfare and Development.
A “Bahay Pag-asaa” is a 24-hour child-caring institution established, funded, and managed by LGUs and licensed/accredited NGOs that provides short-term residential care for children in conflict with the law who are above 15 but below 18 years old, awaiting court disposition of their cases or transfer to other agencies.
A team composed of a social worker, a psychologist/mental health professional, a medical doctor, an educational/guidance counselor, and a member of the Barangay Council for the Protection of Children (BCPC).
A child 15 years old or under at the time of the offense is exempt from criminal liability, though subjected to an intervention program. A child above 15 but below 18 is also exempt unless the child acted with discernment.
A child is deemed to be 15 years of age on the day of the fifteenth anniversary of the child’s birthdate.
No. The exemption from criminal liability does not include exemption from civil liability, which remains enforceable under existing laws.
The JJWC ensures effective implementation of the Act, coordinates among government agencies and institutions, develops national juvenile intervention programs (3–5 years), oversees research/evaluations/inspections, initiates trainings, and submits annual reports to Congress and the President.
There is an RJJWC in each region under administrative supervision of the JJWC, chaired by the director of the DSWD regional office. It coordinates implementation at regional and LGU levels, has permanent representatives from key agencies, and includes NGO representatives, a sectoral representative from children/youth, and a representative from the leagues of local government.
The authority with initial contact must immediately release the child to parents/guardian or nearest relative, and place the child under a community-based intervention program supervised by the local social welfare and development officer, unless the best interest requires referral to a youth care facility or Bahay Pag-asaa.
The child may be released to a duly registered NGO or religious organization, a barangay official or BCPC member, the LSWDO, or (when appropriate) the DSWD.
For serious crimes committed by children above 12 up to 15 years old—such as parricide, murder, infanticide, kidnapping and serious illegal detention where victim is killed or raped, robbery with homicide or rape, destructive arson, rape, carnapping where driver/occupant is killed or raped, or RA 9165 offenses punishable by more than 12 years imprisonment.
The petition for involuntary commitment and IJISC placement must be filed within 24 hours from receipt of the report. The court must decide within 72 hours from filing.
The court determines the initial period of placement, which shall not be less than one (1) year.
For a child above 15 but below 18, the child remains exempt from criminal liability unless the child acted with discernment; if discernment is present, the child must be subjected to appropriate proceedings under the Act. The social worker conducts initial assessment using DSWD discernment assessment tools.
If the child is 15 or below, the social worker proceeds in accordance with Section 20 (release to family/nearest relative and community-based intervention, subject to best interest referral). If the child is above 15 but below 18 and acted without discernment, proceed similarly; if acted with discernment, proceed to diversion under the diversion chapter.