Question & AnswerQ&A (Republic Act No. 9344)
Republic Act No. 9344 is known as the Juvenile Justice and Welfare Act of 2006.
It covers children at risk and children in conflict with the law from prevention to rehabilitation and reintegration.
A 'Child' refers to a person under the age of eighteen (18) years.
A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability but subjected to an intervention program. Children above 15 but below 18 who acted with discernment may be subjected to appropriate proceedings.
Diversion is an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law without resorting to formal court proceedings, based on their social, cultural, economic, psychological, or educational background.
Rights include the right not to be subjected to torture or degrading treatment, the right to bail, the right to be treated with humanity, the right to privacy, the right to counsel, the right to diversion if qualified, and the right to probation, among others.
The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development.
LCPCs coordinate and assist local government units in adopting and implementing delinquency prevention plans and oversee their proper implementation.
A law enforcement officer must explain the reason for custody in simple language, inform the child of their rights, identify themselves properly, avoid the use of force, determine the child's age, notify parents and social welfare officers within 8 hours, and ensure safe and separate custody.
Violations may result in a fine between Twenty thousand and Fifty thousand pesos, imprisonment for 8 to 10 years, or both. Public officers may also be administratively liable and disqualified from holding public office.