Juvenile Justice and Welfare Act 2006

State policy and guiding principles

The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being and inculcate patriotism and nationalism, encouraging involvement in public and civic affairs (Section 2).
The State shall protect the best interests of the child through measures ensuring observance of international standards of child protection, conducting proceedings in the best interest of the child in a manner that allows the child to participate and express himself/herself freely, and ensuring children’s participation in program and policy formulation and implementation related to juvenile justice and welfare (Section 2).
The State recognizes the right of children to assistance (including proper care and nutrition) and special protection from all forms of neglect, abuse, cruelty and exploitation, and other prejudicial conditions for development (Section 2).
The State shall recognize the right of a child alleged, accused, adjudged, or recognized as having infringed the penal law to be treated consistent with the child’s dignity and worth, taking into account age and desirability of promoting reintegration, and shall adopt measures for dealing with such children without resorting to judicial proceedings whenever appropriate and desirable, while respecting human rights and legal safeguards (Section 2).
The administration of the juvenile justice and welfare system shall take into consideration cultural and religious perspectives, particularly of indigenous peoples and Muslims, consistent with the protection of children belonging to these communities (Section 2).
Restorative justice principles shall be applied in all laws, policies and programs applicable to children in conflict with the law (Section 2).
If doubt exists in interpretation, the provisions (including implementing rules and regulations) shall be construed liberally in favor of the child in conflict with the law (Section 3).

Core definitions and key terms

A “Child” refers to a person under the age of eighteen (18) years (Section 4).
A “Bail” is security for release of a person in custody of the law, furnished by the person or a bondsman, to guarantee appearance before any court, and may be in the form of corporate security, property bond, cash deposit, or recognizance (Section 4).
“Best Interest of the Child” means the totality of circumstances most congenial to survival, protection, security, and the child’s physical, psychological and emotional development, and the least detrimental available alternative for safeguarding growth and development (Section 4).
A “Child at Risk” is a child vulnerable to and at risk of committing criminal offenses because of personal, family and social circumstances, including: abuse with parental/guardian refusal or inability to protect; exploitation; abandonment or neglect where the parent/guardian cannot be found after diligent search; dysfunctional/broken family or without parent/guardian; out of school; being a streetchild; being a member of a gang; living in a community with high criminality or drug abuse; and living in situations of armed conflict (Section 4).
A “Child in Conflict with the Law” is a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws (Section 4).
“Diversion” is an alternative, child-appropriate process of determining responsibility and treatment based on social, cultural, economic, psychological or educational background without resorting to formal court proceedings (Section 4).
A “Diversion Program” is the program required of a child found responsible for an offense without resorting to formal court proceedings (Section 4).
“Initial Contact With the Child” includes apprehension or taking into custody by law enforcement officers or private citizens, and includes the time when the child alleged to be in conflict with the law receives a subpoena or summons in cases that do not require preliminary investigation or where immediate custody is unnecessary (Section 4).
“Juvenile Justice and Welfare System” is the system dealing with children at risk and children in conflict with the law that provides child-appropriate proceedings and programs/services for prevention, diversion, rehabilitation, reintegration and aftercare (Section 4).
“Restorative Justice” is a principle requiring conflict resolution with maximum involvement of victim, offender and community, seeking reparation, reconciliation, reassurance for reintegration, and enhancing public safety through prevention strategies (Section 4).
“Status Offenses” are offenses that discriminate only against a child, including curfew violations, truancy, parental disobedience and the like (Section 4).
“Youth Detention Home” is a 24-hour child-caring institution managed by accredited LGUs and licensed/accredited NGOs providing short-term residential care for children awaiting court disposition or transfer (Section 4).
“Youth Rehabilitation Center” is a 24-hour residential care facility managed by DSWD, LGUs, and licensed/accredited NGOs monitored by DSWD, providing care, treatment and rehabilitation services under trained staff in a structured therapeutic environment, with possible restriction of residents’ physical mobility pending court disposition (Section 4).
“Victimless Crimes” are offenses where there is no private offended party (Section 4).
“Offense” means any act or omission punishable under special laws or the Revised Penal Code, as amended (Section 4).

Rights, age rules, and determination procedures

Every child in conflict with the law has the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (Section 5).
A child shall not be imposed capital punishment or life imprisonment without the possibility of release (Section 5).
A child shall not be deprived unlawfully or arbitrarily of liberty; detention or imprisonment is a disposition of last resort and for the shortest appropriate period of time (Section 5).
A child deprived of liberty must be treated with humanity and respect for inherent dignity, with the child separated from adult offenders at all times, conveyed separately to/from court, and kept in a separate holding area while awaiting hearing (Section 5).
A child must be allowed contact with family through correspondence and visits save in exceptional circumstances (Section 5).
A child has the right to prompt access to legal and other appropriate assistance; the right to challenge legality of deprivation of liberty before a court or other competent, independent and impartial authority; and the right to prompt decision on such action (Section 5).
In appropriate cases, a child has the right to bail and recognizance (Section 5).
A child has the right to testify in his/her own behalf as a witness under the rule on examination of a child witness (Section 5).
A child has the right to full privacy at all stages of proceedings (Section 5).
A child has the right to diversion if qualified and voluntarily avails of it (Section 5).
A child has the right to a judgment proportionate to the gravity of the offense, considering the child’s best interest, victim rights, and society’s needs, under restorative justice (Section 5).
A child has the right to have restrictions on personal liberty limited to the minimum; where law gives discretion between fine or imprisonment, fine is preferred as more appropriate penalty (Section 5).
A child has the right to automatic suspension of sentence, and the right to probation as an alternative to imprisonment if qualified under the Probation Law (Section 5).
A child is free from liability for perjury, concealment or misrepresentation (Section 5).
The State adopts United Nations Standard Minimum Rules (“Beijing Rules”), United Nations Guidelines (“Riyadh Guidelines”), and United Nations Rules for the Protection of Juveniles Deprived of Liberty (Section 5).
A child fifteen (15) years of age or under at the time of the commission of the offense is exempt from criminal liability but is subjected to an intervention program under Section 20 (Section 6).
A child above fifteen (15) but below eighteen (18) is exempt from criminal liability and is subjected to an intervention program unless the child acted with discernment, in which case appropriate proceedings under the Act apply (Section 6).
Exemption from criminal liability does not include exemption from civil liability, enforceable under existing laws (Section 6).
A child in conflict with the law enjoys the presumption of minority and all child-in-conflict rights until proven to be eighteen (18) years old or older (Section 7).
Age may be determined from birth certificate, baptismal certificate, or other pertinent documents; absent such documents, age may be based on information from the child, testimonies, physical appearance, and other relevant evidence; in case of doubt, the age is resolved in favor of the child (Section 7).
Any person contesting age prior to filing of information may file a summary proceeding for determination of age before the Family Court, which decides within twenty-four (24) hours from receipt of pleadings (Section 7).
If a case is pending, the person shall file a motion to determine age in the same court; pending hearing on the motion, proceedings on the main case are suspended (Section 7).
Law enforcement officers, prosecutors, judges and other concerned government officials must exert all efforts to determine age (Section 7).

Juvenile Justice and Welfare Council structures

A Juvenile Justice and Welfare Council (JJWC) is created and attached to the Department of Justice, placed under its administrative supervision, and chaired by an undersecretary of the Department of Social Welfare and Development (Section 8).
The JJWC ensures effective implementation and coordinates among: Council for the Welfare of Children (CWC); Department of Education (DepEd); Department of the Interior and Local Government (DILG); Public Attorney’s Office (PAO); Bureau of Corrections (BUCOR); Parole and Probation Administration (PPA); National Bureau of Investigation (NBI); Philippine National Police (PNP); Bureau of Jail Management and Penology (BJMP); Commission on Human Rights (CHR); Technical Education and Skills Development Authority (TESDA); National Youth Commission (NYC); and other juvenile justice and intervention institutions (Section 8).
JJWC members are representatives with ranks not lower than director, designated by the concerned heads of enumerated departments/agencies, and include two (2) NGO representatives: one designated by the Secretary of Justice and one by the Secretary of Social Welfare and Development (Section 8).
The JJWC must convene within fifteen (15) days from effectivity, and the Secretary of Justice and the Secretary of Social Welfare and Development determine its organizational structure and staffing pattern (Section 8).
The JJWC coordinates with the Office of the Court Administrator and the Philippine Judicial Academy to realize its mandate (Section 8).

JJWC duties; policies; Child Rights Center

The JJWC oversees implementation of the Act (Section 9).
The JJWC advises the President on matters and policies relating to juvenile justice and welfare (Section 9).
The JJWC assists agencies in review/redrafting of existing policies or formulation of new ones consistent with the Act (Section 9).
The JJWC periodically develops a comprehensive 3 to 5-year national juvenile intervention program with participation of concerned government agencies, NGOs and youth organizations (Section 9).
The JJWC coordinates implementation of juvenile intervention programs and activities by national agencies and consults the JJWC in adopting programs relating to juvenile justice and welfare (Section 9).
The JJWC formulates and recommends policies and strategies, in consultation with children, for prevention of juvenile delinquency and administration of justice, and for treatment and rehabilitation (Section 9).
The JJWC collects relevant information and conducts continuing research, evaluations and studies including: performance/results of programs; trends/problems/causes of juvenile delinquency and crimes; and needs of children in custody; data gathered is used to improve administration (Section 9).
The JJWC sets up a mechanism to ensure children are involved in research and policy development (Section 9).
Duly designated persons with assistance from agencies conduct regular and spot inspections of detention and rehabilitation facilities to check compliance and make recommendations (Section 9).
The JJWC initiates and coordinates training for personnel of agencies involved in administration and the juvenile intervention program (Section 9).
The JJWC submits an annual report to the President on implementation of the Act (Section 9).
All government agencies enumerated in Section 8 must draft policies and procedures consistent with law within one (1) year from effectivity, and modify them in consultation with the JJWC upon completion of the national juvenile intervention program (Section 10).
The existing Child Rights Center of the Commission on Human Rights ensures children’s rights and strengthens monitoring of treaty compliance, timely reporting, implementation and dissemination of recommendations and conclusions by government agencies, NGOs and civil society (Section 11).

Prevention framework; local councils; community programs

The family is responsible for primary nurturing and rearing critical in delinquency prevention, and children in conflict with the law should be maintained in their family as far as practicable and consistent with procedures of the Act (Section 12).
Educational institutions must work with families, community organizations and agencies in prevention, and provide adequate necessary individualized educational schemes for children manifesting difficult behavior and children in conflict with the law (Section 13).
When children in conflict with the law are taken into custody or detained in rehabilitation centers, they must be given the opportunity to continue learning through an alternative learning system with basic literacy or non-formal education accreditation equivalency (Section 13).
Mass media must promote child rights and delinquency prevention by balanced messaging; media practitioners must maintain highest critical and professional standards, and in all publicity, best interest of the child is primordial and paramount; undue, inappropriate and sensationalized publicity involving a child in conflict with the law is declared a violation of the child’s rights (Section 14).
Local Councils for the Protection of Children (LCPC) must be established at all LGU levels, and where already established, must be strengthened within one (1) year from effectivity; membership includes responsible community members, including a representative from the youth sector, plus representatives from government and private agencies (Section 15).
The LCPC serves as the primary agency to coordinate and assist the LGU in adopting a comprehensive delinquency prevention plan and oversee its proper implementation (Section 15).
One percent (1%) of the internal revenue allotment of barangays, municipalities and cities is allocated for strengthening and implementing LCPC programs, disbursed by the LGU concerned (Section 15).
All LGUs must appoint a duly licensed social worker as local social welfare and development officer to assist children in conflict with the law (Section 16).
The Sangguniang Kabataan (SK) must coordinate with the LCPC in formulating and implementing juvenile intervention and diversion programs (Section 17).
A comprehensive juvenile intervention program covering at least a 3-year period must be instituted in LGUs from barangay to provincial level (Section 18).
LGUs must set aside amounts necessary to implement their juvenile intervention programs in their annual budgets (Section 18).
LGUs in coordination with LCPC must call on all sectors, particularly child-focused institutions, NGOs, people’s organizations, educational institutions and government agencies for planning and implementation consistent with the national program formulated by the JJWC (Section 18).
LGUs in coordination with LCPC must review and assess implementation annually; provincial and city governments must submit results to the JJWC not later than March 30 of every year (Section 18).
Community-based juvenile justice and welfare programs must be instituted by LGUs through LCPC, schools, youth organizations and other concerned agencies, providing appropriate counseling and guidance responsive to children’s special needs, and are structured into three levels: primary, secondary (children at risk), and tertiary (avoid unnecessary contact with formal justice system and prevent re-offending) (Section 19).

Treatment for children below criminal responsibility age

If a child taken into custody is fifteen (15) years old or below, the initial contact authority must immediately release the child to the custody of parents or guardian, or nearest relative, and notify the local social welfare and development officer, which determines appropriate programs in consultation with the child and custodian (Section 20).
If parents/guardians/nearest relatives cannot be located or refuse custody, the child may be released to: a duly registered NGO or religious organization; a barangay official or member of the BCPC; a local social welfare and development officer; or, where appropriate, the DSWD (Section 20).
If the Local Social Welfare and Development Office finds the child abandoned, neglected or abused by parents, or parents will not comply with the prevention program, DSWD or the Local Social Welfare and Development Office must file the proper petition for involuntary commitment pursuant to Presidential Decree No. 603, “The Child and Youth Welfare Code” (Section 20).

Initial custody and investigation duties

From the moment a child is taken into custody, the law enforcement officer must explain in simple language and a dialect the child understands why the child is placed under custody and the alleged offense (Section 21).
The law enforcement officer must inform the child of the reason for custody and advise of constitutional rights in a language or dialect understood (Section 21).
The law enforcement officer must properly identify himself/herself and present proper identification (Section 21).
The law enforcement officer must refrain from vulgar/profane words and from sexually harassing or abusing, or making sexual advances on the child (Section 21).
The law enforcement officer must avoid displaying or using any firearm, weapon, handcuffs or instruments of force or restraint unless absolutely necessary and only after other control methods have failed (Section 21).
The law enforcement officer must refrain from subjecting the child to greater restraint than necessary for apprehension, and must avoid violence or unnecessary force (Section 21).
The law enforcement officer must determine the age pursuant to Section 7 (Section 21).
The law enforcement officer must turn over custody to the Social Welfare and Development Office or other accredited NGOs immediately but not later than eight (8) hours after apprehension and notify the child’s parents/guardians and the Public Attorney’s Office of the apprehension (Section 21).
The social welfare and development officer must explain to the child and parents/guardians the consequences of the child’s act for counseling and rehabilitation, diversion from criminal justice system, and reparation if appropriate (Section 21).
The law enforcement officer must take the child immediately to the proper medical and health officer for thorough physical and mental examination, keep examination results confidential unless ordered otherwise by the Family Court, and provide treatment steps immediately when required (Section 21).
If detention is necessary, the child must be secured in quarters separate from the opposite sex and adult offenders, and no child may be detained together with adult offenders (Section 21).
The law enforcement officer must record in initial investigation: whether restraints were used and reasons; that parents/guardian, DSWD and PAO were informed; and exhaustion/failure details for determining age and precise details of physical/medical examination submission/failure (Section 21).
All statements signed by the child during investigation must be witnessed by the child’s parents or guardian, social worker, or legal counsel in attendance who affix signature (Section 21).
A child in conflict with the law may only be searched by a law enforcement officer of the same gender, and the child must not be locked up in a detention cell (Section 21).
The law enforcement officer must determine where the case should be referred during initial investigation (Section 22).
Statements of the child must be taken in the presence of: (1) the child’s counsel of choice or, if absent, a lawyer from PAO; (2) the child’s parents/guardian/nearest relative; and (3) the local social welfare and development officer; if parents/guardian/nearest relative and local social welfare and development officer are absent, the investigation proceeds with an NGO/religious group representative or BCPC member (Section 22).
After initial investigation, the local social worker must proceed under Section 20 if the child is fifteen (15) years or below or above fifteen but below eighteen who acted without discernment, and must proceed to diversion under the appropriate chapter if the child is above fifteen but below eighteen and acted with discernment (Section 22).

Diversion system; mediation; contracts; timelines

Children in conflict with the law shall undergo diversion programs without court proceedings subject to conditions in the diversion provisions (Section 23).
Where imposable penalty for the crime committed is not more than six (6) years imprisonment, the law enforcement officer or Punong Barangay with assistance of local social welfare and development officer or LCPC members must conduct mediation, family conferencing and conciliation and adopt indigenous modes of conflict resolution when appropriate, ensuring restorative justice objectives and formulation of a diversion program; the child and family must be present (Section 23).
In victimless crimes with imposable penalty not more than six (6) years imprisonment, the local social welfare and development officer must meet with the child and parents/guardians for development of the appropriate diversion and rehabilitation program in coordination with BCPC (Section 23).
Where the imposable penalty exceeds six (6) years imprisonment, diversion measures may be resorted to only by the court (Section 23).
Diversion may be conducted at Katarungang Pambarangay, police investigation, inquest or preliminary investigation stages, and at all levels and phases including judicial level (Section 24).
A child may undergo conferencing, mediation or conciliation outside the criminal justice system or prior to entry into it, and a contract of diversion may be entered during such proceedings (Section 25).
If during conferencing/mediation/conciliation the child voluntarily admits the act, a diversion program must be developed when appropriate and desirable as determined under Section 30 (Section 26).
The child’s admission during diversion proceedings must not be used against the child in subsequent judicial, quasi-judicial or administrative proceedings (Section 26).
A diversion program becomes effective and binding if accepted by parties concerned; acceptance must be in writing and signed by parties and appropriate authorities (Section 26).
The local social welfare and development officer supervises implementation (Section 26).
Diversion proceedings must be completed within forty-five (45) days (Section 26).
The period of prescription is suspended until completion of diversion proceedings but not to exceed forty-five (45) days (Section 26).
The child must present himself/herself to competent authorities that imposed diversion at least once a month for reporting and evaluation (Section 26).
Failure to comply with diversion contract terms, certified by the local social welfare and development officer, gives the offended party the option to institute appropriate legal action (Section 26).
Prescription is suspended during effectivity of the diversion program but not exceeding two (2) years (Section 26).
If the offense does not fall under diversion coverage or the child/parents/guardian does not consent, the Punong Barangay handling the case must forward records within three (3) days from determination of absence of jurisdiction or termination of diversion proceedings; once a certifying document confirms no agreement reached, the case follows regular process (Section 27).
When diversion does not occur due to similar grounds, the Women and Children Protection Desk of the PNP or other law enforcement officer must forward records of the child under custody within three (3) days to the prosecutor or judge for inquest and/or preliminary investigation; the transmittal document must display the word “CHILD” in bold letters (Section 28).
In determining diversion appropriateness, factors include: nature/circumstances; frequency/severity; circumstances of the child (age, maturity, intelligence, etc.); family/environment influence; reparation of injury to victim; weight of evidence; safety of community; and best interest of child (Section 29).
Diversion programs must use individualized characteristics and peculiar circumstances to formulate individualized treatment, considering: remorse; parents’/guardians’ ability to guide and supervise; victim’s view on propriety; and availability of community-based programs for rehabilitation and reintegration (Section 30).
Diversion programs must include adequate socio-cultural and psychological responses and services (Section 31).
At Punong Barangay level, diversion programs may include restitution of property; reparation of damage; indemnification for consequential damages; written/oral apology; care/guidance/supervision orders; counseling for child and family; trainings on anger management, problem solving/conflict resolution, values formation and other skills; participation in community-based programs including community service; and participation in education, vocation and life skills programs (Section 31).
At law enforcement officer and prosecutor level, diversion programs include those under Punong Barangay plus confiscation and forfeiture of proceeds or instruments of the crime (Section 31).
At court level, diversion includes those under Punong Barangay and law enforcement/prosecutor levels plus written/oral reprimand or citation, fine, payment of cost of proceedings, or institutional care and custody (Section 31).

Prosecution rules and deadlines

There shall be a specially trained prosecutor for inquest, preliminary investigation and prosecution of cases involving children in conflict with the law (Section 32).
If there is an allegation of torture or ill-treatment during arrest or detention, the prosecutor must investigate (Section 32).
The prosecutor must conduct preliminary investigation when: (a) the child does not qualify for diversion; (b) the child/parents/guardian does not agree to diversion as provided in Sections 27 and 28; or (c) based on assessment and recommendation of the social worker, the prosecutor determines diversion is not appropriate (Section 33).
Upon serving subpoena and affidavit of complaint, the prosecutor must notify PAO of the service, and provide personal information and place of detention of the child (Section 33).
If probable cause is determined, information must be filed before the Family Court within forty-five (45) days from the start of the preliminary investigation (Section 33).

Court proceedings: bail, recognizance, detention, diversion measures

For recommending bail, the privileged mitigating circumstance of minority must be considered (Section 34).
Where a child is detained, the court must order one of: release on recognizance to parents and other suitable persons; release on bail; or transfer to a youth detention home/youth rehabilitation center (Section 35).
The court must not order detention of a child in a jail pending trial or hearing