Law Summary
State Policy on Children's Rights
- Promotes physical, moral, spiritual, intellectual, and social well-being of children and youth.
- Ensures children's participation in juvenile justice policies.
- Protects children from neglect, abuse, exploitation, and other harmful conditions.
- Upholds best interests of the child in all proceedings and promotes restorative justice.
- Recognizes cultural and religious perspectives in administering juvenile justice.
Liberal Construction
- Any provisions of the Act and its implementing rules shall be interpreted liberally in favor of the child in conflict with the law.
Definitions
- Provides precise definitions of critical terms such as "child," "child in conflict with the law," "diversion," "best interest of the child," "restorative justice," among others.
- Clarifies distinctions between children at risk and children in conflict with the law.
- Defines legal concepts related to bail, recognizance, detention, and offenses relevant to children.
Rights of the Child in Conflict with the Law
- Protection against torture, capital punishment, life imprisonment without release.
- Right to dignity, to be separated from adult offenders, to maintain family contact.
- Right to legal assistance, privacy, bail, diversion, and proportionate judgment under restorative justice.
- Right to probation and automatic suspension of sentence.
Minimum Age of Criminal Responsibility
- Children 15 years old and below are exempt from criminal liability but subject to intervention programs.
- Children above 15 but below 18 years must be proven to have acted with discernment to be criminally liable.
- Civil liability remains applicable.
Age Determination
- Presumption of minority in favor of the child.
- Age verified through official documents or, if absent, by physical evidence or testimonies.
- Family Court may determine age within 24 hours upon petition.
Juvenile Justice and Welfare Council (JJWC)
- Created under the Department of Justice, chaired by DSWD undersecretary.
- Coordinates among various government agencies and NGOs involving juvenile justice.
- Develops national juvenile intervention programs and policies.
- Conducts inspections, research, training, and submits reports to the President.
Policies and Procedures Development
- Agencies shall draft policies and procedures within one year consistent with the Act.
Role of the Child Rights Center (CHR)
- Upholds children's rights in compliance with constitutional and international provisions.
- Monitors government compliance with treaty obligations.
Roles of Family, Educational System, Media, and Local Councils
- Family is primary in nurturing and delinquency prevention.
- Schools provide individualized education and coordination for children in conflict with the law.
- Media must uphold child rights and avoid sensationalism.
- Local Councils for Protection of Children (LCPC) established across local governments to coordinate delinquency prevention.
- Funding allocated from local government revenues.
Social Welfare Officers and Sangguniang Kabataan
- LGUs to appoint licensed social welfare officers to assist children in conflict with the law.
- SK coordinates with LCPC on intervention and diversion programs.
Juvenile Intervention Programs
- LGUs to implement comprehensive, community-based juvenile intervention programs with multi-sectoral participation.
- Programs include primary, secondary, and tertiary interventions.
Treatment of Children Below Criminal Responsibility
- Immediate release to parents/guardians or authorized persons.
- Referral to intervention programs if released.
- Petitions for involuntary commitment in cases involving abandonment or neglect.
Initial Contact and Custody Procedure
- Law enforcement must explain charges in understandable language.
- Child must be treated with respect and not subjected to undue force.
- Immediate medical examination and notification of authorities and family.
- Detention separated from adults; records made of all procedures.
Initial Investigation Duties
- Statement taken in presence of counsel, family, social worker, or NGO representatives.
- Determination of diversion eligibility.
Diversion System
- Diversion available for offenses punishable by up to six years imprisonment outside formal court proceedings.
- Use of mediation, family conferencing, indigenous conflict resolution.
- Diversion contracts executed and supervised by local social welfare officer.
- Failure to comply allows for filing of regular charges.
Duties if No Diversion
- Punong Barangay forwards case to law enforcement or prosecutor within three days.
- Law enforcement forwards cases not eligible for diversion to prosecutor or court promptly.
Determining Diversion Programs
- Factors include offense nature, child's circumstances, victim reparation, evidence, community safety, and best interests of the child.
- Formulation considers remorse, family supervision, victim views, and community resources.
Types of Diversion Programs
- Restitution, apology, counseling, training, community service, alternative education, fines, reprimands, or institutional care depending on stage.
Prosecution Procedures
- Specially trained prosecutors handle juvenile cases.
- Investigation of alleged abuse during arrest/detention mandatory.
- Preliminary investigation done if diversion not applicable or consent not given.
Court Proceedings
- Bail and release on recognizance prioritized, considering minority as mitigating.
- Detention pending trial is last resort and only in youth facilities.
- Diversion reviewed before arraignment for certain offenses.
- Automatic suspension of sentence after conviction; disposition measures imposed.
- Discharge possible if court finds rehabilitation achieved.
- Return to court if failure to comply with disposition.
- Credit for time spent in detention.
- Probation available as alternative to imprisonment.
Confidentiality
- Records and proceedings are privileged and confidential.
- Public and media excluded.
- Use of records in subsequent adult proceedings only with consent and to child’s benefit.
- No perjury liability for failure to disclose juvenile case.
Rehabilitation and Reintegration
- Rehabilitation aims at social functioning and reintegration with family and community.
- Court order required for admission to institutions.
- Children must be separated from adults in facilities.
- Female children given special attention by female staff.
- Gender-sensitivity training mandatory for facility personnel.
- LGUs to establish youth detention homes with budget allocations.
- Care expenses shared among parents, LGUs and national government.
- Alternatives like agricultural camps may be used for confinement.
- Community-based rehabilitation includes life skills, counseling, leadership, social services.
- Youth Rehabilitation Centers provide therapeutic residential care.
- After-care support services for dismissed cases include continued counseling and community reintegration.
Exemptions and Prohibitions
- Status offenses not penalized for children.
- Exemptions from prosecution for certain crimes (prostitution, vagrancy, etc.)
- Death penalty prohibited for children.
- Prohibition against labeling, shaming, and discriminatory practices.
- Prohibition against abuse, degrading, and forced labor.
Penal Provisions
- Violations of the Act or rules punishable by fines of ₱20,000–50,000 or imprisonment of 8–10 years, or both.
- Public officials face additional administrative penalties.
Appropriations
- Initial funding from the Office of the President and Philippine Charity Sweepstakes proceeds.
- Ongoing funding included in General Appropriations Act.
Transitory Provisions
- Cases of children 15 and below dismissed upon effectivity.
- Courts to review continued detentions.
- Inventory of detained children to be submitted promptly.
- Provisions for children reaching 18 pending proceedings or serving sentences.
Rulemaking and Validity
- JJWC mandated to issue implementing rules within 90 days.
- Separability clause for unconstitutional provisions.
- Repealing clause for inconsistent laws.
- Effectivity 15 days after publication.