Law Summary
Declaration of State Policy
- Recognizes the vital role of children in nation building.
- Promotes protection of children's physical, moral, spiritual, intellectual, and social well-being.
- Ensures child participation in juvenile justice and welfare matters.
- Protects children from neglect, abuse, cruelty, and exploitation.
- Affirms treatment consistent with the child's dignity, reintegration, and international standards.
- Emphasizes restorative justice and cultural sensitivity.
Liberal Construction of the Act
- Provisions and rules to be interpreted liberally in favor of the child in conflict with the law.
Definitions
- Defines key terms such as Bail, Best Interest of the Child, Child, Child at Risk, Child in Conflict with the Law, Community-based Programs, Court, Deprivation of Liberty, Diversion, Initial Contact, Intervention, Juvenile Justice and Welfare System, Law Enforcement Officer, Offense, Recognizance, Restorative Justice, Status Offenses, Youth Detention Home, Youth Rehabilitation Center, and Victimless Crimes.
Rights of the Child in Conflict with the Law
- Rights against torture, capital punishment, and arbitrary deprivation of liberty.
- Right to humane treatment and separation from adults in detention.
- Rights to legal aid, bail, privacy, diversion, and proportional judgment considering best interest and restorative justice.
- Right to automatic suspension of sentence and probation.
- Protection under United Nations standards.
Minimum Age of Criminal Responsibility
- Children fifteen years old and below exempted from criminal liability, subject to intervention programs.
- Children above fifteen but below eighteen exempted unless acting with discernment.
- Civil liability still applicable.
Determination of Age
- Presumption in favor of minority.
- Age determined by official documents or, lacking these, credible evidence.
- Summary proceedings available for age determination.
- Suspension of main case pending age determination.
Juvenile Justice and Welfare Council (JJWC)
- Created under the Department of Justice, chaired by DSWD undersecretary.
- Coordinates among government agencies and NGOs involved in juvenile justice.
- Composed of high-ranking representatives from relevant departments and NGOs.
Duties and Functions of JJWC
- Oversees implementation of the Act.
- Advises the President on juvenile justice.
- Assists agencies in policy review and development.
- Develops national juvenile intervention programs.
- Coordinates juvenile intervention activities.
- Conducts regular inspections of detention facilities.
- Coordinates training for personnel.
- Submits annual reports.
Policies and Procedures on Juvenile Justice and Welfare
- Government agencies to draft policies consistent with the Act, reviewed periodically with JJWC.
Child Rights Center (CRC)
- CHR's CRC ensures child rights compliance with Constitution and international treaties.
- Monitors treaty adherence and government implementation.
Prevention of Juvenile Delinquency: The Role of Different Sectors
- Family's primary role in nurturing and rearing.
- Educational institutions collaborate with families and communities to prevent delinquency.
- Mass media to promote child rights and sensitive reporting.
- Establishment and strengthening of Local Councils for the Protection of Children (LCPC).
- Appointment of licensed social workers as local social welfare officers.
- Sangguniang Kabataan coordinates with LCPC.
Comprehensive Juvenile Intervention Program
- LGUs to implement 3-year intervention programs with allocated budget.
- Programs to involve government, NGOs, youth organizations.
- Programs cover primary, secondary, tertiary interventions targeting delinquency prevention and rehabilitation.
Treatment of Children Below the Age of Criminal Responsibility
- Immediate release of children 15 years old and below to parents/guardian or alternatives.
- Intervention programs to be applied.
- In cases of abandonment or neglect, involuntary commitment under Child and Youth Welfare Code.
Initial Contact with the Child
- Law enforcement to explain reason for custody and rights in understandable language.
- Identification and respectful treatment mandated; use of restraint only as last resort.
- Turn over child to social welfare or accredited NGOs within 8 hours.
- Notify parents/guardians and Public Attorney's Office.
- Child to undergo medical and psychological examination.
- Separate facilities and humane treatment required.
- Record keeping of procedures and restraint use.
- Legal counsel, parent or social worker present during investigation.
Duties During Initial Investigation
- Determine case referral.
- Child’s statement taken with counsel and family or representatives present.
- Social worker may proceed with intervention or diversion depending on age and discernment.
Diversion System
- Diversion programs for crimes punishable by imprisonment not exceeding 6 years, conducted by law enforcement or barangay officials with social welfare.
- Higher penalty cases subject to court diversion.
- Diversion may happen at barangay, police investigation, or court levels.
- Mediation, family conferencing, conciliation encouraged.
- Contract of diversion signed and supervised, non-admission cannot be used against the child.
- Diversion proceedings to be completed within 45 days.
- Suspension of prescription during diversion period.
- Failure to comply allows offended party to seek legal action.
Duties When No Diversion
- Barangay or law enforcement to forward records promptly.
- Word "CHILD" prominently displayed on legal documents.
Factors in Determining Diversion
- Nature and circumstances of offense.
- Child's background and maturity.
- Family influence.
- Victim reparation and community safety.
- Best interest of the child.
Formulation of Diversion Program
- Individualized treatment considering remorse, family capacity, victim's views, community resources.
Kinds of Diversion Programs
- Restitution, reparation, apology, counseling, training, community service, education, rehabilitation.
- Increasing measures apply at barangay, law enforcement, or court stages.
Prosecution
- Specially trained prosecutor handles child cases.
- Prosecutor investigates allegations of mistreatment.
- Preliminary investigation if no diversion, refusal, or on social worker’s assessment.
- Filing of charges with notification to Public Attorney's Office.
Court Proceedings
- Bail recommendations consider minority.
- Release on recognizance to parents or suitable persons preferred.
- Detention pending trial last resort, separate from adults, preferably in youth detention homes.
- Diversion considered before arraignment for offenses punishable by up to 12 years.
- Automatic suspension of sentence upon conviction.
- Court may discharge child upon fulfillment of disposition measures.
- Child returned to court if failure to comply or objectives not met.
- Credit for time served.
- Probation available after conviction.
Confidentiality of Records and Proceedings
- Records and proceedings are privileged and confidential.
- Public excluded; records not disclosed except for specific legal purposes.
- Protective measures against media disclosure.
- Use in adult proceedings only with child’s consent and for child’s benefit.
- Protection from liability for non-disclosure of previous juvenile offenses.
Rehabilitation and Reintegration
- Goal to improve social functioning and reintegrate child into family and community.
- Court order required for admission to rehabilitation facilities.
- Separation from adults mandatory.
- Special attention to female children.
- Personnel must undergo gender sensitivity training.
- Youth Detention Homes to be established by LGUs and accredited NGOs.
- Expenses borne primarily by parents; government shares responsibility.
- Agricultural camps and training facilities as alternative confinement.
- Community-based rehabilitation supervised by social welfare officers.
- Youth Rehabilitation Centers provide 24-hour care and progress reports to courts.
- Community-based programs aim to prevent disruption, maintain family ties, encourage community support, and minimize stigma.
- Programs must meet JJWC criteria.
- After-care services for dismissed cases to prevent re-offending.
General Provisions
- Status offenses not penalized if not penalized for adults.
- Exemption from prosecution for vagrancy, prostitution, mendicancy, and sniffing of rugby for persons under 18.
- No death penalty for children.
- Prohibition against labeling and shaming children.
- Prohibition of abusive and degrading treatment.
Penal Provisions
- Violations fined 20,000 to 50,000 pesos or 8 to 10 years imprisonment, or both.
- If public officer, administrative penalties and disqualification apply.
Appropriations
- Initial funds charged to Office of the President.
- Continuing funds included in the General Appropriations Act.
- Fifty million pesos allocated for JJWC set-up from charity sweepstakes.
Transitory Provisions
- Immediate dismissal of cases for children 15 and below at commission of offense.
- Review of detained children’s cases and immediate transfers.
- Inventory of children in custody to be submitted.
- Children reaching 18 pending proceedings to have appropriate disposition.
- Retroactive application benefits for those convicted under 18.
Rule Making, Separability, Repealing, and Effectivity
- JJWC to issue implementing rules within 90 days.
- Unconstitutional provisions severable.
- Inconsistent laws repealed or modified.
- Effectivity 15 days after publication.