QuestionsQuestions (EXECUTIVE ORDER NO. 217)
It 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.
RA 9344 mandates protection of the best interest of the child, observance of international child protection standards, child participation in relevant policy/program formulation, rights to assistance and special protection from neglect/abuse/exploitation, treatment consistent with dignity and worth, preference for dealing without judicial proceedings when appropriate, and application of restorative justice.
A “Child” is a person under 18 years of age. A “Child in Conflict with the Law” is one who is alleged as, accused of, or adjudged as having committed an offense under Philippine laws.
A child 15 years old or under at the time of commission is exempt from criminal liability but must be subjected to an intervention program. A child above 15 but below 18 is also exempt unless he/she acted with discernment, in which case appropriate proceedings under the Act apply.
The child in conflict with the law enjoys the presumption of minority and retains all child rights until proven to be 18 or older. Age may be determined using birth certificate/baptismal certificate/pertinent documents; if absent, it may be based on the child’s statements, testimonies, physical appearance, and other evidence. Doubts on age are resolved in the child’s favor.
A summary proceeding may be filed before the Family Court (or appropriate court in places without family courts) to determine age, which must decide within 24 hours from receipt of pleadings of all interested parties.
Among others: no torture/cruel punishment; no death penalty or life imprisonment without release; no unlawful/arbitrary deprivation of liberty; detention as last resort and shortest appropriate period; separation from adult offenders; prompt access to legal assistance and right to challenge legality of detention; right to bail/recognizance in appropriate cases; diversion rights if qualified and voluntarily avails; privacy; automatic suspension of sentence; probation if qualified; and freedom from liability for perjury/concealment/misrepresentation by reason of failing to acknowledge the case.
They must explain in understandable language the reason and alleged offense; inform the child of custody reasons and constitutional rights; properly identify themselves; avoid vulgar/profane and sexual harassment; avoid displaying weapons/restraints unless absolutely necessary; avoid greater restraint than necessary and avoid violence; determine the child’s age; turn over custody to the Social Welfare and Development Office or accredited NGO within 8 hours; notify parents/guardians and PAO; arrange medical and physical/mental examination; ensure separate quarters from opposite sex and adult offenders; record required details; and ensure statements are witnessed by required persons.
Diversion is a child-appropriate process to determine responsibility and treatment without resorting to formal court proceedings. If the imposable penalty is not more than 6 years imprisonment, diversion may be done at certain stages via mediation/family conferencing/conciliation and diversion program development. For victimless crimes with the same penalty threshold, the local social welfare officer coordinates diversion/rehabilitation with BCPC. If the imposable penalty exceeds 6 years imprisonment, diversion may be resorted to only by the court.
If the child voluntarily admits the act, a diversion program is developed. Admission is not used against the child in subsequent judicial/quasi-judicial/administrative proceedings. The diversion program becomes effective and binding only when accepted in writing and signed by the parties and appropriate authorities, supervised by the local social welfare and development officer, typically to be completed within 45 days; prescription is suspended during diversion within limits.
Punong Barangay: within 3 days from determination of absence of jurisdiction or termination of diversion, forward records to law enforcement officer, prosecutor, or court. Law enforcement officer: within 3 days, forward records (with the word “CHILD” in bold letters) to the prosecutor or judge for inquest and/or preliminary investigation to determine whether the child should remain in custody and be charged.
For bail recommendations, minority is considered a privileged mitigating circumstance. The court must not order detention of a child in a jail pending trial/hearing. Detention, if necessary, must be in youth detention homes (or, in their absence, under DSWD/local rehabilitation centers recognized by government), and institutionalization is used only as a last resort for the shortest possible period.
Once the child (under 18 at time of offense) is found guilty, the court determines civil liability but instead of pronouncing judgment of conviction, it places the child under suspended sentence without application. Suspension still applies even if the child turns 18 before pronouncement. Disposition measures are then imposed under the Supreme Court Rule on Juveniles in Conflict with the Law.
All records and proceedings from initial contact until final disposition are privileged and confidential. The public is excluded; records cannot be disclosed directly or indirectly for any purpose, except to determine suspension/probation eligibility or enforce civil liability. Measures include non-disclosure to media, separate police blotter, and coded records to conceal identity. Records generally cannot be used in later proceedings as an adult, except when beneficial to the offender with written consent.
No child may be received without a valid court order after a hearing; the details must be entered in an exclusive register for children in conflict with the law. Children must be separated from adults under all circumstances except when they are members of the same family. Female children must be handled and accommodated separately and by female doctors/correction officers/social workers. Personnel must undergo gender sensitivity training.
Status offenses are not offenses or not penalized if committed by adults; therefore they are not punished if committed by children. Persons below 18 are exempt from prosecution for vagrancy and prostitution (RPC art. 202), mendicancy (PD 1563), and sniffing of rugby (PD 1619), but must undergo appropriate counseling/treatment programs.
Authorities must refrain from branding/labeling children as young criminals, juvenile delinquents, prostitutes, or using any derogatory names, and must avoid discriminatory remarks/practices about class or ethnic origin during proceedings from initial contact onward.