QuestionsQuestions (Republic Act No. 10630)
RA 10630 is an Act strengthening the Philippine juvenile justice system; it amends Republic Act No. 9344 (the Juvenile Justice and Welfare Act of 2006).
It changes the title to: “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.”
A 24-hour child-caring institution established/funded/managed by LGUs and licensed/accredited NGOs providing short-term residential care for children in conflict with the law who are above 15 but below 18, awaiting court disposition or transfer to other agencies/jurisdiction; it includes an intensive juvenile intervention and support center (IJISC).
It is a special facility within the youth care facility or Bahay Pag-asaa where certain exempt-from-criminal-liability children are mandatorily placed for intensive intervention; it is allocated in Bahay Pag-asaa as provided under the amended RA 9344.
A child 15 years old or under at the time of the offense is exempt from criminal liability but subjected to an intervention program under Section 20; children above 15 but below 18 are also exempt unless they acted with discernment, in which case appropriate proceedings apply. Exemption from criminal liability does not exempt from civil liability.
A child is deemed to be 15 on the day of the fifteenth anniversary of his/her birthdate.
The JJWC coordinates among DOJ, CWC, DepED, DILG, PAO, BUCOR, PPA, NBI, PNP, BJMP, CHR, TESDA, NYC, and other juvenile justice/intervention institutions.
The JJWC is chaired by an Undersecretary of DSWD. It is composed of representatives not lower than director from specified departments/agencies, two NGO representatives selected by criteria established by the Council, and one representative each from the League of Provinces, League of Cities, League of Municipalities, and League of Barangays.
It ensures effective implementation of the Act at regional and LGU levels and coordinates member agencies at the regional level; it is chaired by the director of the DSWD regional office.
It oversees implementation, advises the President, develops national juvenile intervention programs, coordinates implementation, collects data and conducts research/evaluations, submits annual report to Congress and annual report to the President, sets mechanisms for child involvement in research/policy development, and conducts regular/spot inspections of detention and rehabilitation facilities with recommendations.
The authority with initial contact must immediately release the child to the custody of parents/guardian or nearest relative; otherwise, the child is released to appropriate persons/entities (e.g., registered NGOs/religious groups, BCPC member/barangay officials, LSWDO/DSWD where appropriate), and the child is subjected to a community-based intervention program unless best interest requires referral to a youth care facility/Bahay Pag-asaa.
Parents/guardians must execute written authorization for voluntary commitment; if none exists or they refuse/fail, DSWD or LSWDO must immediately file a petition for involuntary commitment per PD 603 and Supreme Court rules on commitment of children.
A child above 12 up to 15 years old who commits specified serious offenses (e.g., 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) is deemed neglected and mandatorily placed in the IJISC.
The petition for involuntary commitment/placement must be filed within 24 hours from receipt of the report by the LSWDO or DSWD social worker; the court must decide within 72 hours from filing.
Any person who makes use of, takes advantage of, or profits from the use of children in committing a crime (including abuse of authority or abuse of confidence inducing/threatening/instigating the crime) is imposed the penalty prescribed by law for the crime committed in its maximum period.
The statement of the child must be taken in the presence of (1) the child’s counsel of choice or a PAO lawyer, (2) the child’s parents/guardian/nearest relative, and (3) the local social welfare and development officer; if those are absent, it is done with an NGO/religious group representative or BCPC member.
It must allege that the child acted with discernment.