Question & AnswerQ&A (Republic Act No. 10630)
The minimum age of criminal responsibility is 15 years old. A child 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. A child above 15 but below 18 years who acted without discernment is also exempt from criminal liability.
A 'Bahay Pag-asa' is a 24-hour child-caring institution established, funded, and managed by LGUs and licensed or accredited NGOs providing short-term residential care for children in conflict with the law who are above 15 but below 18 years, awaiting court disposition or transfer to other agencies.
A multi-disciplinary team composed of a social worker, psychologist/mental health professional, medical doctor, educational/guidance counselor, and a BCPC member operates the Bahay Pag-asa. They work on the individualized intervention plan with the child and family.
The JJWC oversees implementation of the Act, advises the President on policies, assists agencies in policy reviews, develops juvenile intervention programs, coordinates among agencies, conducts inspections, initiates training, collects data for research, and submits reports to the President and Congress.
The JJWC is composed of representatives from DOJ, DSWD, CWC, DepED, DILG, CHR, NYC, NGOs, DOH, and representatives from the Leagues of Provinces, Cities, Municipalities, and Barangays.
They are immediately released to their parents, guardian, or nearest relative and subjected to community-based intervention programs supervised by the local social welfare officer, unless the child's best interest requires placement in a youth care facility or Bahay Pag-asa.
The IJISC is a special facility within Bahay Pag-asa for children in conflict with the law who need intensive intervention, such as those who commit serious crimes or repeat offenses. It operates under a multi-disciplinary team and provides center-based rehabilitation with court oversight.
They are deemed neglected children and mandatorily placed in the IJISC for intensive intervention. Proper petition for involuntary commitment must be filed within 24 hours, and the court decides on the placement within 72 hours.
They must determine where the case should be referred. The child's statement must be taken in the presence of counsel, parents or guardian, and the local social welfare officer or representatives of NGOs or BCPC. An initial assessment by a social worker is required to determine the child's discernment.
No. Conduct not penalized if committed by adults shall not be penalized if committed by children. Children violating local ordinances related to juvenile status offenses are recorded as 'children at risk' and not 'children in conflict with the law', and no penalties are imposed. Instead, intervention programs apply.