Question & AnswerQ&A (Republic Act No. 9344)
The short title is the Juvenile Justice and Welfare Act of 2006.
It covers different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration.
A child fifteen (15) years of age or under at the time of the commission of the offense is exempt from criminal liability. Children above 15 but below 18 are also generally exempt unless they acted with discernment.
Rights include freedom from torture or cruel treatment, right not to be sentenced to death or life imprisonment without release, right to be treated with humanity and dignity, right to bail and recognizance, right to privacy, right to diversion, right to automatic suspension of sentence, right to probation, among others.
Restorative justice is a principle involving the maximum participation of the victim, offender, and community to obtain reparation for the victim, reconcile relationships, and reintegrate the offender into society while enhancing public safety.
Diversion is an alternative, child-appropriate process of determining responsibility and treatment of the child without formal court proceedings, including mediation, counseling, and rehabilitation programs.
JJWC oversees implementation, advises the President, coordinates among government agencies, formulates policies and programs, conducts research, conducts inspections, and ensures training related to juvenile justice and welfare.
They must explain reasons for custody in a language understood by the child, treat them with respect, avoid use of unnecessary force and restraints, notify parents and social workers, and ensure that detention is separate from adults.
The child must be informed of the reason for custody, their rights, age must be determined, parents and social workers notified within 8 hours, medical examination conducted, and statements must be witnessed by a parent or counsel.
Labeling or shaming children as criminals or delinquents, use of threats, abusive or punitive measures like cursing or beating, degrading punishments, and forcing children to perform involuntary servitude are prohibited.
Violators may be fined between Twenty thousand to Fifty thousand pesos or imprisoned from 8 to 10 years or both, plus administrative liability and perpetual disqualification if a public officer is involved.
Detention must be a last resort, the shortest possible time, preferably replaced by alternative measures, and the child must be housed separately from adult offenders in youth detention homes or recognized facilities.
No, children 15 years old or below are exempt from criminal liability but are subject to intervention programs under the Act.
LGUs must develop and implement comprehensive juvenile intervention programs, allocate necessary funds, coordinate with Local Councils for the Protection of Children, and assess programs annually.
Their cases may be dismissed by the court upon recommendation of the social worker, and they shall be finally discharged but still liable for civil liability if any.