Juvenile Justice and Welfare Act of 2006

State policies and guiding principles

Section 2 requires promotion and protection of children’s physical, moral, spiritual, intellectual and social well-being, and inculcation of patriotism and nationalism.
Section 2 requires that the best interest of the child governs measures ensuring observance of international standards of child protection, and that proceedings allow the child to participate and express himself/herself freely.
Section 2 requires ensuring children’s participation in program and policy formulation and implementation related to juvenile justice and welfare by the concerned government agency.
Section 2 recognizes children’s right to assistance, including proper care and nutrition, and special protection from neglect, abuse, cruelty, exploitation, and other prejudicial conditions.
Section 2 adopts the restorative justice approach in all applicable laws, policies, and programs for children in conflict with the law.
Section 3 provides that in case of doubt, the Act and its implementing rules and regulations (IRRs) shall be construed liberally in favor of the child in conflict with the law.

Core definitions for juvenile justice

Section 4 defines “Child” as a person under the age of eighteen (18) years.
Section 4 defines “Child at Risk” as a child vulnerable to and at risk of committing criminal offenses due to personal, family, and social circumstances, including specified examples such as abuse, exploitation, abandonment, being out of school, being a streetchild, gang membership, life in communities with high criminality/drug abuse, and living in armed conflict.
Section 4 defines “Child in Conflict with the Law” as a child alleged as, accused of, or adjudged as having committed an offense under Philippine laws.
Section 4 defines “Diversion” as an alternative, child-appropriate process of determining responsibility and treatment without resorting to formal court proceedings, based on the child’s background; it defines “Diversion Program” as what the child undergoes after being found responsible without formal court proceedings.
Section 4 defines “Restorative Justice” as conflict-resolution with maximum involvement of victim, offender, and community to achieve reparation, reconciliation, and reassurance for reintegration, enhancing public safety through activated prevention strategies.
Section 4 defines “Youth Detention Home” and “Youth Rehabilitation Center” as 24-hour institutions managed/licensed and monitored under the Act’s framework, with youth rehabilitation centers providing care, treatment, and rehabilitation under structured therapeutic environments and potential restriction of physical mobility pending court disposition.
Section 4 defines “Offense” as any act or omission punishable under special laws or the Revised Penal Code.
Section 4 defines “Status Offenses” and “Victimless Crimes.”
Section 4 defines “Bail” and “Recognizance” and requires that bail may be in forms such as corporate security, property bond, cash deposit, or recognizance; it defines recognizance as an undertaking in lieu of a bond assumed by a parent/custodian guaranteeing the child’s court appearance when required.
Section 4 defines “Deprivation of Liberty” and “Initial Contact With the Child” to include specified custody/apprehension and subpoena/summons timing.

Rights, age rules, and age determination

Section 5 grants every child in conflict with the law rights including:
- freedom from torture and cruel, inhuman or degrading treatment or punishment;
- no imposition of capital punishment or life imprisonment without the possibility of release;
- protection from unlawful/arbitrary liberty deprivation, with detention/imprisonment as last resort and for the shortest appropriate period;
- humane treatment respecting inherent dignity, with a mandate that a child deprived of liberty is separated from adult offenders at all times, including separate conveyance to/from court and separate holding areas while awaiting hearing;
- prompt access to legal and other appropriate assistance, and the right to challenge the legality of liberty deprivation before a court or other competent, independent and impartial authority with a prompt decision;
- the right to bail and recognizance in appropriate cases;
- the right to testify as a witness in the child’s own behalf under the rule on examination of a child witness;
- full respect for the child’s privacy at all stages;
- the right to diversion if qualified and voluntarily availing of the same;
- proportional judgments considering best interests, victim rights, and societal needs under restorative justice;
- limitation of personal liberty restrictions to the minimum; where the law gives discretion between fine or imprisonment, fine is preferred as the more appropriate penalty;
- automatic suspension of sentence;
- right to probation as an alternative to imprisonment if qualified under the Probation Law;
- freedom from liability for perjury, concealment or misrepresentation.
Section 6 sets the minimum age of criminal responsibility:
- a child who is fifteen (15) years of age or under at the time of the offense is exempt from criminal liability, but must be subjected to an intervention program under Section 20;
- a child above fifteen (15) years but below eighteen (18) years is likewise exempt unless the child acted with discernment, in which case the child is subjected to appropriate proceedings under the Act.
- the exemption from criminal liability does not exempt civil liability, which is enforced under existing laws.
Section 7 establishes presumption of minority: the child enjoys all rights until proven eighteen (18) years old or older.
Section 7 prescribes how age is determined: birth certificate, baptismal certificate, or other pertinent documents; otherwise, age may be based on information from the child, testimonies, physical appearance, and other relevant evidence; in case of doubt, age is resolved in favor of the child.
Section 7 allows a summary proceeding to determine age:
- a person contesting age prior to filing of the information may file a summary case before the Family Court, which must decide within twenty-four (24) hours from receipt of pleadings of all interested parties;
- if a case is pending, a motion to determine age must be filed in the same court, and main case proceedings are suspended pending hearing on the motion.
Section 7 imposes a duty on law enforcement officers, prosecutors, judges, and other concerned government officials to exert all efforts to determine age.

Juvenile justice structures and councils

Section 8 creates and attaches a Juvenile Justice and Welfare Council (JJWC) to the Department of Justice, under its administrative supervision.
Section 8 provides that the JJWC is chaired by an undersecretary of the Department of Social Welfare and Development (DSWD).
Section 8 requires JJWC coordination and effective implementation of the Act among enumerated agencies, including: Council for the Welfare of Children (CWC), DepEd, DILG, PAO, BUcor, PPA, NBI, PNP, BJMP, CHR, TESDA, National Youth Commission (NYC), and other institutions focused on juvenile justice and intervention programs.
Section 8 sets JJWC composition as representatives (rank not lower than director) from specified agencies, including:
- Two (2) NGO representatives, one designated by the Secretary of Justice and the other by the Secretary of Social Welfare and Development.
Section 8 requires JJWC convening within fifteen (15) days from the Act’s effectivity, with the Secretary of Justice and Secretary of Social Welfare and Development determining organizational structure and staffing.
Section 8 requires JJWC coordination with the Office of the Court Administrator and the Philippine Judicial Academy to realize its mandate and discharge duties.
Section 9 assigns JJWC duties including oversight of implementation, policy advice to the President, drafting/review assistance to agencies, and a continuing research and inspection and training mandate.
Section 10 requires all government agencies enumerated in Section 8, with JJWC assistance, to draft policies and procedures consistent with the Act within one (1) year from effectivity.
Section 11 provides that the existing Child Rights Center of the Commission on Human Rights ensures children’s status, rights, and interests are upheld and strengthens monitoring and dissemination of recommendations and conclusions.

Prevention: family, schools, media, local councils

Section 12 declares the family responsible for primary nurturing and rearing critical to delinquency prevention, and requires maintaining the child in the family as far as practicable under Act procedures.
Section 13 requires educational institutions to work with families, community organizations, and agencies for prevention and for rehabilitation and reintegration, with individualized schemes for children with difficult behavior and children in conflict with the law.
Section 13 requires educational continuity: when children are taken into custody or detained in rehabilitation centers, they must be given the opportunity to continue learning under an alternative learning system with basic literacy program or non-formal education accreditation equivalency system.
Section 14 imposes duties on mass media to promote child rights and delinquency prevention through balanced reporting and to maintain the highest critical and professional standards.
Section 14 declares undue, inappropriate, and sensationalized publicity of cases involving children in conflict with the law a violation of the child’s rights.
Section 15 requires establishment of Local Councils for the Protection of Children (LCPC) at all local government levels and strengthening where already established within one (1) year.
Section 15 makes the LCPC the primary agency to coordinate with and assist the LGU for adoption and oversight of a comprehensive plan on delinquency prevention, with membership drawn from responsible community members (including youth sector representation) and representatives from government and private agencies.
Section 15 mandates allocation of one percent (1%) of the internal revenue allotment of barangays, municipalities, and cities for strengthening and implementing LCPC programs, disbursed by the LGU concerned.
Section 16 requires all LGUs to appoint a duly licensed social worker as local social welfare and development officer to assist children in conflict with the law.
Section 17 requires the Sangguniang Kabataan (SK) to coordinate with LCPC in formulating and implementing juvenile intervention and diversion programs.

Intervention programs and community levels

Section 18 requires LGUs to institute a comprehensive juvenile intervention program covering at least a 3-year period from barangay to provincial level.
Section 18 requires LGUs to set aside an amount in their annual budget to implement juvenile intervention programs.
Section 18 requires LGUs, in coordination with LCPC, to call on all sectors and institutions involved in delinquency prevention, including child-focused institutions, NGOs, people’s organizations, educational institutions, and government agencies, to participate in planning and implementation consistent with the national JJWC program.
Section 18 requires annual review and assessment by LGUs in coordination with LCPC, with results submitted by provincial and city governments to JJWC not later than March 30 of every year.
Section 19 requires LGUs through LCPC, schools, youth organizations, and other concerned agencies to institute community-based services responding to children’s special needs and offering counseling and guidance to children and their families.
Section 19 requires community-based programs to be structured into three levels:
- Primary intervention: general measures promoting social justice and equal opportunity tackling root causes;
- Secondary intervention: measures assisting children at risk;
- Tertiary intervention: measures avoiding unnecessary contact with formal justice system and preventing re-offending.

Treatment of children under criminal responsibility age

Section 20 requires immediate action when a child taken into custody is fifteen (15) years old or below: the authority with initial contact must immediately release the child to parents/guardian or nearest relative, and then notify the local social welfare and development officer and the person having custody.
Section 20 provides the release options if parents/guardians/nearest relatives cannot be located or refuse custody: a duly registered NGO or religious organization; a barangay official or member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or the DSWD where and when appropriate.
Section 20 requires filing of a proper petition for involuntary commitment by DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603 when the Local Social Welfare and Development Office finds the child abandoned, neglected or abused, or when parents will not comply with the prevention program.

Initial custody duties and child investigation

Section 21 requires law enforcement officers to do specified acts from the moment a child is taken into custody, including:
- explain in simple language/dialect why the child is placed under custody and the alleged offense;
- inform the child of the reason for custody and advise constitutional rights in a language/dialect understood;
- properly identify the officer and present proper identification;
- refrain from vulgar/profane words and from sexual harassment or abuse/advances;
- avoid displaying or using firearms, weapons, handcuffs, or other restraint instruments unless absolutely necessary after other methods fail;
- refrain from greater restraint than necessary for apprehension;
- avoid violence or unnecessary force.
Section 21 requires determining the child’s age pursuant to Section 7.
Section 21 mandates turnover of custody immediately but not later than eight (8) hours after apprehension to the Social Welfare and Development Office or other accredited NGOs, and requires notifying the child’s parents/guardians and the Public Attorney’s Office of the apprehension.
Section 21 requires the social welfare and development officer to explain to the child and parents/guardians consequences of the act for counseling, rehabilitation, diversion from criminal justice system, and reparation if appropriate.
Section 21 requires immediate physical and mental examination by the proper medical and health officer, with results kept confidential unless ordered disclosed by the Family Court, and immediate steps for required medical treatment.
Section 21 requires necessary detention arrangements: separate quarters by sex and from adult offenders, and mandates that the child awaiting hearing uses separate holding areas.
Section 21 requires recording specified information in the initial investigation, including whether restraints were used and reasons, confirmation of informing parents/DSWD/PAO, and exhaustion/failure of measures determining age and details of physical/medical examination.
Section 21 requires that statements signed by the child during investigation be witnessed by parents/guardian, social worker, or legal counsel in attendance who signs the statement.
Section 21 bars searching by anyone other than a law enforcement officer of the same gender and bars locking up the child in a detention cell.
Section 22 requires the investigating officer to determine the proper referral of the case.
Section 22 requires that the taking of the child’s statement be conducted in the presence of: (1) the child’s counsel of choice or a lawyer from PAO; (2) parents/guardian/nearest relative; and (3) the local social welfare and development officer; if those are absent, then an NGO/religious group representative or BCPC member must be present.
Section 22 directs what the local social worker proceeds with after initial investigation:
- proceed under Section 20 for children fifteen (15) years or below or above fifteen (15) but below eighteen (18) who acted without discernment;
- proceed to diversion for children above fifteen (15) but below eighteen (18) who acted with discernment.

Diversion: when available and how it works

Section 23 requires children in conflict with the law to undergo diversion programs without court proceedings, subject to stated conditions.
Section 23 requires diversion when the imposable penalty for the crime is not more than six (6) years imprisonment: the law enforcement officer or Punong Barangay, with local social welfare and development officer and other LCPC members, must conduct mediation, family conferencing and conciliation and, where appropriate, indigenous modes consistent with the best interest of the child and restorative justice; the child and family must be present.
Section 23 requires the local social welfare and development officer to meet with the child and parents/guardians for victimless crimes with imposable penalty not more than six (6) years imprisonment, to develop appropriate diversion and rehabilitation program in coordination with BCPC.
Section 23 provides that where the imposable penalty exceeds six (6) years imprisonment, diversion measures may be resorted to only by the court.
Section 24 allows diversion to be conducted at the Katarungang Pambarangay, police investigation, inquest, preliminary investigation stage, and at all levels and phases of proceedings including the judicial level.
Section 25 allows a child to undergo conferencing, mediation, or conciliation outside the criminal justice system or before entry into it; a diversion contract may be entered into during such proceedings.
Section 26 provides rules for the contract of diversion:
- if the child voluntarily admits commission during conferencing/mediation/conciliation, a diversion program shall be developed when appropriate and desirable as determined under Section 30;
- the admission shall not be used against the child in later judicial/quasi-judicial/administrative proceedings;
- the diversion program is effective and binding if accepted by the parties concerned, acceptance in writing and signed, with appropriate authorities; local social welfare and development officer supervises implementation.
Section 26 requires completion of diversion proceedings within forty-five (45) days.
Section 26 suspends prescription during diversion proceedings: prescription is suspended until completion but not to exceed forty-five (45) days.
Section 26 requires the child to present him/herself to the competent authorities imposing the diversion program at least once a month for reporting and evaluation.
Section 26 requires that 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 provides that prescription is suspended during effectivity of the diversion program but not exceeding two (2) years.
Section 27 requires the Punong Barangay to forward records within three (3) days when diversion is not applicable under Section 23(a) and (b) or when child/family does not consent to diversion; upon the certifying document that no agreement was reached, the case proceeds under regular process.
Section 28 requires the Women and Children Protection Desk of the PNP or other law enforcement officer to forward records within three (3) days when diversion is not applicable or when there is no consent, to the prosecutor or judge; the transmitting document must display the word “CHILD” in bold letters.
Section 29 requires consideration of factors in determining diversion appropriateness, including nature/circumstances, frequency/severity, child’s circumstances, family/environment influence, victim reparation, weight of evidence, community safety, and best interest of the child.
Section 30 requires formulation of an individualized treatment diversion program using individualized characteristics; it considers remorse, parents/guardians’ ability to guide and supervise, victim’s view on propriety of measures, and availability of community-based rehabilitation and reintegration programs.
Section 31 provides that diversion programs shall include adequate socio-cultural and psychological responses and services; it authorizes specified diversion programs at different stages/levels, including restitution, reparation, indemnification, written/oral apology, care/guidance/supervision orders, counseling, trainings (anger management, problem solving/conflict resolution, values formation, other skills), community service, education/vocation/life skills; at law enforcement officer/prosecutor levels it also authorizes confiscation and forfeiture of proceeds or instruments of the crime; at court level it further authorizes reprimand/citation, fine, payment of cost of proceedings, or institutional care and custody.

Prosecution duties and timelines

Section 32 requires specially trained prosecutors to conduct inquest, preliminary investigation, and prosecution of child in conflict with the law cases.
Section 32 requires prosecutors to investigate allegations of torture or ill-treatment of a child during arrest or detention.
Section 33 requires preliminary investigation in instances including when the child does not qualify for diversion, when diversion is not agreed to by child/parents/guardian, or when the prosecutor determines diversion is not appropriate after social worker assessment and recommendation.
Section 33 requires that upon serving subpoena and affidavit of complaint, the prosecutor notify PAO of such service and provide personal information and place of detention of the child.
Section 33 requires filing of the information in the Family Court within forty-five (45) days from the start of the preliminary investigation if probable cause is determined.

Bail, release, detention, and court measures

Section 34 provides that for purposes of recommending bail amount, the privileged mitigating circumstance of minority shall be considered.
Section 35 requires that where a child is detained, the court shall order at least one of the following: release on recognizance to parents and other suitable persons; release on bail; or transfer to a youth detention home/youth rehabilitation center.
Section 35 prohibits ordering detention of a child in a jail pending trial.
Section 36 provides that detention pending trial may be replaced with alternative measures whenever possible, such as close supervision, intensive care, or placement with family or an educational setting or home.
Section 36 mandates that institutionalization/detention pending trial is used only as last resort and for the shortest possible period of time.
Section 36 requires that whenever detention is necessary, the child shall be detained in youth detention homes established by local governments in the city or municipality where the child resides.
Section 36 allows, in absence of a youth detention home, commitment to DSWD or a local rehabilitation center recognized by government in the province/city/municipality within court jurisdiction; the center/agency is responsible for the child’s court appearance when required.
Section 37 requires the court to determine whether diversion is appropriate when maximum penalty for the offense charged is imprisonment of not more than twelve (12) years, regardless of fine or fine alone regardless of amount, and before arraignment of the child.
Section 38 mandates automatic suspension of sentence once the child under eighteen (18) at time of offense is found guilty, after determining any civil liability; judgment of conviction is not pronounced, and the court places the child in suspended sentence without need of application, and suspension applies even if the juvenile is already eighteen (18) years or more at the time of pronouncement.
Section 38 requires that after suspension and considering circumstances, the court impose appropriate disposition measures under the Supreme Court rule on juveniles in conflict with the law.
Section 39 requires dismissal of the case upon social worker recommendation and recommendation of fulfillment of objective of disposition measures, ordering final discharge; discharge does not affect civil liability which is enforced under law.
Section 40 requires returning the child to court if objectives of disposition measures are not fulfilled or if the child willfully fails to comply; if the child reaches eighteen (18) years while under suspended sentence, the court determines whether to discharge under the Act, order execution of sentence, or extend suspended sentence for a specified period or until the child reaches maximum age of twenty-one (21) years.
Section 41 requires credit in service of sentence: the child is credited with full time spent in actual commitment and detention under the Act.

Probation and disposition framework

Section 42 authorizes the court, after conviction and sentence of a child in conflict with the law and upon application at any time, to place the child on probation in lieu of service of the sentence, taking into account best interest of the child.
Section 42 amends Section 4 of Presidential Decree No. 968, the Probation Law of 1976, to implement probation as provided in the Act.

Confidentiality of proceedings and records

Section 43 declares that all records and proceedings involving children in conflict with the law from initial contact until final disposition are privileged and confidential.
Section 43 requires exclusion of the public during proceedings and prohibits disclosure by any parties/participants to anyone for any purpose whatsoever, except to determine whether the child may have sentence suspended or be granted probation under the Probation Law, or to enforce civil liability imposed in the criminal action.
Section 43 requires protective measures by component authorities, including non-disclosure to media, a separate police blotter for such cases, and coding systems to conceal identity.
Section 43 provides that records of a child in conflict with the law are not used in subsequent proceedings as an adult except when beneficial and upon the offender’s written consent.
Section 43 bars holding a person who was in conflict with the law as a child under provisions of law for perjury or concealment or misrepresentation due to failure to acknowledge the case or recite related facts in response to inquiry for any purpose.

Rehabilitation and reintegration facilities

Section 44 states the objective of rehabilitation and reintegration is to provide interventions and strategies to enable improved social functioning with end goal of reintegration into families and communities as productive members.
Section 45 requires a valid court order after a hearing before any child is received in any rehabilitation or training facility, with order details entered in a register exclusively for children in conflict with the law; no admission occurs without such register.
Section 46 mandates separate facilities from adults in rehabilitation or training facilities unless members of the same family, and prohibits placing a child in the same confinement as adults under any other circumstance; it requires a home environment with counseling and treatment.
Section 47 requires special attention for female children in institutions, handled by female doctors, correction officers, and social workers, and accommodated separately from male children.
Section 48 prohibits handling children in conflict with the law by any facility personnel without gender sensitivity training.
Section 49 requires LGUs to set aside an amount to build youth detention homes mandated by the Family Courts Act; youth detention homes may also be established by private and NGOs licensed and accredited by DSWD in consultation with JJWC.
Section 50 allocates expenses for care and maintenance under institutional care:
- ordinarily borne by parents or persons liable to support;
- if they cannot pay all or part, the municipality pays one-third (1/3), the province pays one-third (1/3), and the national government pays **one-third (1/3