Minimum Age of Criminal Liability
- Children 15 years old or under at the time of the offense are exempt from criminal liability but subject to an intervention program.
- A child who is above 15 but below 18 is also exempt unless acted with discernment.
- Exemption from criminal liability does not include exemption from civil liability.
Creation and Composition of the Juvenile Justice and Welfare Council (JJWC)
- JJWC is attached to the DSWD and chaired by an Undersecretary of DSWD.
- Ensures effective implementation of the Act and coordinates among multiple national agencies (DOJ, DepED, CHR, PNP, NGOs, LGUs, etc.).
- Composed of representatives not lower than director rank and two NGO representatives.
- Regional JJWC (RJJWC) established in each region, chaired by regional DSWD director.
- Consults local government leagues and coordinates with the judiciary.
Duties and Functions of JJWC and RJJWC
- JJWC oversees Act implementation, advises the President, develops juvenile intervention programs, coordinates activities, and conducts research.
- Facilitates policy formulation and training of personnel.
- Conducts inspections of detention and rehabilitation facilities.
- Submits annual reports to Congress and the President.
- RJJWC executes similar functions at regional and LGU levels.
Handling of Children Below Age of Criminal Responsibility
- Children 15 or under must be immediately released to parents, guardians, or nearest relatives or appropriate organizations.
- Subjected to community-based intervention supervised by the local social welfare officer.
- Placement in youth care facilities or Bahay Pag-asa if necessary, with proper authorization or legal petition.
- Minimum age for placement in such facilities is 12 years.
Serious Crimes Committed by Children Ages 12-15
- Children who commit serious crimes like murder, rape, drug offenses, etc., are deemed neglected children.
- Mandatorily placed in Intensive Juvenile Intervention and Support Centers (IJISC) within youth care facilities or Bahay Pag-asa.
- Legal petitions for involuntary commitment must be filed within 24 hours; courts decide placement within 72 hours.
- Placement period is at least one year, with continuous assessments and court oversight.
Repeat Offenders Ages 12-15
- Children committing offenses repeatedly after community-based interventions are deemed neglected children.
- Undergo intensive intervention programs.
- Placement in facilities with voluntary or involuntary commitment as necessary.
Exploitation of Children in Crime Commission
- Persons who exploit or profit from children’s involvement in crimes face maximum penalties prescribed for the crimes committed.
Joint Parental Responsibility
- Courts may require parental counseling or interventions to promote child welfare.
- Parents include biological, adoptive, or custodial guardians.
- Parents may be liable for damages if found negligent in supervising the child.
Assistance to Victims of Offenses by Children
- Victims and families are entitled to psychological and other interventions provided by DSWD and related agencies.
Duties During Initial Investigation
- Law enforcement must determine proper referral of child cases.
- Child’s statements taken in presence of counsel, parents/guardian, social welfare officer, or representative from NGOs/BCPC.
- Social worker conducts initial assessment on child’s discernment and intervenes accordingly.
Preliminary Investigation and Filing of Information
- Prosecutor conducts preliminary investigation when diversion is not appropriate or rejected.
- Notifies Public Attorney’s Office of case details.
- Files information within 45 days if probable cause is found, alleging discernment by the child.
Establishment and Operation of Bahay Pag-asa and IJISC
- LGUs responsible for construction, funding, and operation of Bahay Pag-asa.
- Each Bahay Pag-asa includes an Intensive Juvenile Intervention and Support Center.
- JJWC and partner agencies set standards and monitor multidisciplinary intervention programs.
Care, Maintenance, and Budgeting for Children in Conflict with the Law
- LGUs must allocate funds for juvenile intervention programs and Bahay Pag-asa including IJISC operations.
- Budget provisions must be included in annual LGU budgets.
Status Offenses and Violations of Local Ordinances
- Conducts not penalized if committed by adults are also not offenses for children.
- Local ordinances addressing juvenile status offenses (curfew, truancy, etc.) are for child protection.
- Children are not penalized but subjected to interventions and returned to parents.
- Children violating these are recorded as “children at risk” not “children in conflict with the law.”
Mandatory Registry and Information Management
- All stakeholders must record pertinent case details of children in conflict with the law.
- JJWC to establish a centralized information system.
Appropriations and Funding
- Initial funding charged to DOJ’s budget and later included in DSWD annual budgets.
- P400 million appropriated for rehabilitation centers prioritized by DSWD and JJWC.
- LGUs must provide counterpart funds.
- JJWC may accept donations subject to government accounting rules.
Implementation, Separability, Repealing, and Effectivity Provisions
- JJWC to promulgate implementing rules within 60 days of effectivity.
- Unconstitutional provisions do not affect other provisions.
- Laws inconsistent with this Act are repealed or modified.
- Act takes effect 15 days after publication in official or major newspapers.