Law Summary
Definition of "Bahay Pag-asaa"
- Defined as a 24-hour child-caring institution funded and managed by local government units (LGUs) and licensed NGOs.
- Provides short-term residential care for children in conflict with the law aged 15 to below 18, awaiting court disposition or transfer.
- Houses an intensive juvenile intervention and support center (IJISC).
- Operated by a multi-disciplinary team involving social workers, psychologists, doctors, counselors, and BCPC members.
- Focuses on individualized intervention plans with the child and family.
Minimum Age of Criminal Responsibility
- Children 15 years old or below at the time of offense are exempt from criminal liability.
- Such children are subjected to intervention programs instead.
- Children above 15 but below 18 are also exempt unless they acted with discernment.
- Acts with discernment subject the child to appropriate legal proceedings under the Act.
- Exemption from criminal liability does not exempt civil liability.
Establishment and Composition of the Juvenile Justice and Welfare Council (JJWC)
- JJWC is attached to DSWD and administratively supervised by it.
- Chaired by an Undersecretary of DSWD.
- Coordinates among multiple national agencies including DOJ, DepED, DILG, PAO, PNP, CHR, TESDA, NYC, NGOs, and local government leagues.
- Members are high-ranking representatives designated by their respective departments or agencies.
- Regional Juvenile Justice and Welfare Committees (RJJWC) are established in each region under JJWC supervision.
- RJJWC is chaired by the DSWD regional director and includes representatives from relevant agencies, NGOs, and youth sectors.
- JJWC consults with local government leagues and coordinates with judicial bodies to fulfill its mandate.
Duties and Functions of JJWC and RJJWC
JJWC oversees the law's implementation nationwide and advises the President on juvenile justice policies.
Assists agencies in policy review or formulation related to juvenile justice.
Develops comprehensive 3-5-year national juvenile intervention programs with stakeholder participation.
Coordinates implementation of intervention programs and researches juvenile delinquency trends.
Conducts inspections of detention and rehabilitation facilities.
Initiates training for personnel involved in administering juvenile justice.
Submits annual reports to Congress and the President.
Ensures child participation in research and policy development.
RJJWC monitors regional implementation, assists in developing local intervention programs, and oversees intensive intervention centers.
Conducts regional research, facility inspections, personnel training, and submits annual reports to JJWC.
Intervention for Children Below the Age of Criminal Responsibility
- Children 15 years old or below, upon custody, must be released immediately to parents, guardians, or nearest relatives, or appropriate authorized entities.
- Subjected to community-based intervention programs unless the child's best interest requires placement in youth care facilities or Bahay Pag-asaa.
- Placement in youth care facilities requires parental authorization; lacking which, involuntary commitment petitions are filed.
- Minimum age for placement in these facilities is 12 years old.
Serious Crimes by Children Above 12 up to 15 Years
- Children committing serious offenses like parricide, murder, rape, robbery with homicide, and drug offenses (with more than 12 years imprisonment) are deemed neglected children.
- Mandatorily placed in special facilities called Intensive Juvenile Intervention and Support Centers (IJISC).
- Involuntary commitment petitions must be filed within 24 hours; courts to decide within 72 hours.
- Initial placement not less than one year; progress and psychiatric reports to be submitted by multidisciplinary teams.
- Court decides on reintegration or extension of placement.
Repeat Offenders Above 12 up to 15 Years
- Those committing offenses for the second time after undergoing community-based programs are deemed neglected children.
- Subject to intensive intervention supervised by local social welfare officers.
- Placement in youth care facilities or Bahay Pag-asaa requires parental authorization or involuntary commitment procedures if authorization is lacking.
Exploitation of Children for Crime Commission
- Persons who exploit, abuse authority, or induce children to commit crimes face maximum penalties for the offenses involved.
Joint Parental Responsibility
- Courts may require parents of children in conflict with the law to undergo counseling or welfare-related interventions.
- Parents defined broadly to include biological, adoptive, or custodians.
- Parents may be liable for damages unless reasonable supervision is proven.
- Parent attendance at court proceedings may be mandated.
Assistance to Victims
- Victims of offenses committed by children and their families are entitled to psychological and appropriate intervention by government agencies.
Duties During Initial Investigation
- Law enforcement officers determine proper referral of cases involving children.
- Statements of children must be taken in presence of counsel, family or guardians, and social welfare officers or representatives.
- Social workers conduct initial assessments to determine discernment and intervention path.
- Children below 15 or without discernment are handled per intervention programs; those above 15 with discernment proceed to diversion.
Preliminary Investigation and Filing of Information
- Prosecutors conduct preliminary investigation when diversion is not applicable or agreed upon.
- Public Attorney's Office is notified upon subpoena serving.
- Information alleging discernment is filed within 45 days to the Family Court.
Establishment and Operation of Bahay Pag-asaa
- LGUs responsible for constructing, funding, and operating Bahay Pag-asaa within their jurisdiction.
- Each Bahay Pag-asaa includes an Intensive Juvenile Intervention and Support Center (IJISC) for intensive multi-disciplinary intervention.
- JJWC and partner agencies set standards and monitor implementation.
Funding and Budgeting
- LGUs must include budget for juvenile intervention programs including construction and operation of Bahay Pag-asaa and IJISC.
- National government appropriates funds; initial P400 million allocated for building Bahay Pag-asaa.
- LGUs provide counterpart funding equivalent to P5 million per rehabilitation center.
- JJWC may accept donations and grants subject to government accounting rules.
Status Offenses and Local Ordinances
- Conducts not offenses for adults are also not offenses for children.
- Local ordinances on juvenile status offenses (e.g., curfew violation, truancy) carry no penalties but prescribe interventions.
- Children violating such ordinances are considered "children at risk," not criminals.
- Ordinances provide for interventions like counseling and parenting seminars.
Mandatory Registry of Children in Conflict with the Law
- Duty-bearers must keep accurate records of all children in conflict with the law.
- JJWC leads in establishing a centralized information management system.
- Ensures the correct application of juvenile justice provisions.
Appropriations and Funding Provisions
- Initial funding charged against DOJ budget for JJWC.
- Subsequent funding from DSWD annual budget.
- P400 million dedicated to construction of rehabilitation centers.
- LGUs required to provide financial counterpart.
- JJWC authorized to receive donations and grants.
Rule-making and Implementation
- JJWC tasked to promulgate necessary rules and regulations within 60 days of the Act's effectivity.
Separability and Repealing Clauses
- Provisions found unconstitutional do not invalidate the remaining law.
- Laws and ordinances inconsistent with the Act are modified or repealed.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or two national newspapers.