Juvenile Justice Strengthening Act

Amended title of RA 9344

Section 1 amends the title of Republic Act No. 9344 to “An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile justice and Welfare Council under the Department of Social Welfare and Development, Appropriating Funds Therefor, and for Other Purposes.”
The amended title keeps the framework of a comprehensive juvenile justice and welfare system and creates the Juvenile Justice and Welfare Council under the Department of Social Welfare and Development.

Definitions: Bahay Pag-Asa and IJISC

Section 2 amends Section 4 of Republic Act No. 9344 by defining a“Bahay Pag-asa” as a 24-hour child-caring institution established, funded, and managed by local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs).
A Bahay Pag-asa provides short-term residential care for children in conflict with the law above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition or transfer to other agencies or jurisdiction.
A Bahay Pag-asa includes an intensive juvenile intervention and support center to cater to children in conflict with the law consistent with Sections 20, 20-A, and 20-B.
A multi-disciplinary team operating the Bahay Pag-asa includes: a social worker, a psychologist/mental health professional, a medical doctor, an educational/guidance counselor, and a Barangay Council for the Protection of Children (BCPC) member, working with the child and the child’s family through an individualized intervention plan.

Minimum age and criminal responsibility limits

Section 3 amends Section 6 of Republic Act No. 9344 to establish that a child 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 is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of the child’s birthdate.
A child above fifteen (15) but below eighteen (18) is likewise exempt from criminal liability, and must be subjected to an intervention program unless the child acted with discernment, in which case the child must be subjected to the appropriate proceedings under the Act.
The exemption from criminal liability does not exempt from civil liability, which is enforced under existing laws.

Juvenile Justice and Welfare Council structure

Section 4 amends Section 8 of Republic Act No. 9344 by creating a Juvenile Justice and Welfare Council (JJWC) attached to the Department of Social Welfare and Development and under its administrative supervision.
The JJWC is chaired by an Undersecretary of the Department of Social Welfare and Development and must ensure effective implementation and coordination among DOJ, CWC, DepED, DILG, PAO, BUCor, PPA, NBI, PNP, BJMP, CHR, TESDA, NYC, and other juvenile-justice-focused institutions.
The JJWC membership includes representatives (rank not lower than director) designated by concerned heads, receiving emoluments determined by the Council under existing budget/accounting rules; it includes two (2) NGO representatives and representatives from: DOH, League of Provinces, League of Cities, League of Municipalities, and League of Barangays.
Regional Juvenile Justice and Welfare Committees (RJJWCs) exist in each region, under JJWC administration and supervision, chaired by the director of the regional office of the DSWD, and composed of permanent representatives (rank not lower than assistant regional director or equivalent), including two (2) NGO representatives and sectoral/leagues representation.
The JJWC must convene within fifteen (15) days from effectivity of the Act, and the Secretary of Social Welfare and Development determines the organizational structure and staffing pattern of the JJWC national secretariat and RJJWC secretariat.
The JJWC must consult the various leagues of local government officials and coordinate with the Office of the Court Administrator and the Philippine Judicial Academy.

JJWC and RJJWC duties; inspections and reports

Section 5 amends Section 9 of Republic Act No. 9344 by defining JJWC duties that include: overseeing implementation, advising the President, assisting agencies in policy review/redrafting and new formulations, and developing a comprehensive 3 to 5-year national juvenile intervention program.
The JJWC coordinates juvenile intervention programs and activities by national agencies and ensures adoption of programs in consultation with the JJWC.
The JJWC must consult with local government leagues and with children in formulating and recommending policies and strategies for preventing juvenile delinquency and administering justice and rehabilitation.
The JJWC must collect relevant information, conduct continuing research, support evaluations and studies, and use gathered data to improve the administration of juvenile justice and welfare.
The JJWC must submit an annual report to Congress and an annual report to the President, set up a mechanism to ensure children are involved in research and policy development, and conduct regular and spot inspections in detention and rehabilitation facilities through duly designated persons with assistance from member agencies.
Section 5 adds Section 9-A establishing RJJWC duties, including ensuring effective regional and LGU-level implementation, assisting compliance with JJWC-adopted policies, supporting development and monitoring of local 3 to 5-year intervention programs, overseeing intensive juvenile intervention and support centers in the region, conducting regional research and inspections, forwarding data to the JJWC on an annual basis and as deemed necessary, coordinating regional trainings, and submitting an annual report to the JJWC.

Intervention rules for children below responsibility age

Section 6 amends Section 20 of Republic Act No. 9344: if a child taken into custody is fifteen (15) years old or below, the authority with initial contact must, in consultation with the local social welfare and development officer, immediately release the child to the custody of the child’s parents or guardian, or nearest relative if parents/guardian custody is absent.
The child must be subjected to a community-based intervention program supervised by the local social welfare and development officer unless the child’s best interest requires referral to a youth care facility or a Bahay Pag-asa managed by LGUs or licensed/accredited NGOs monitored by the DSWD.
The local social welfare and development officer determines programs with consultation with the child and the person having custody; if parents/guardians/nearest relatives cannot be located or refuse to take custody, release may be made to: (a) a duly registered NGO or religious organization; (b) a barangay official or a BCPC member; (c) a local social welfare and development officer; or (d) the DSWD when and where appropriate.
If the local social welfare and development officer finds the child dependent, abandoned, neglected, or abused, and best interest requires placement in a youth care facility or Bahay Pag-asa, parents/guardians must execute written authorization for voluntary commitment.
If the child has no parents/guardians or they refuse or fail to execute written authorization, the proper petition for involuntary commitment must be immediately filed by the DSWD or LSWDO pursuant to Presidential Decree No. 603, as amended, and Supreme Court rules on commitment of children; the minimum age for children committed to a youth care facility or Bahay Pag-asa is twelve (12) years old.
Section 6 also amends by adding Section 20-A: a child above twelve (12) up to fifteen (15) who commits enumerated serious crimes is deemed a neglected child under Presidential Decree No. 603, as amended and must be mandatorily placed in a special facility within the youth care facility or Bahay Pag-asa called the Intensive Juvenile Intervention and Support Center (IJISC).
Section 20-A requires that the involuntary commitment and IJISC placement petition be filed by the local social welfare and development officer of the LGU where the offense was committed, or by the DSWD social worker in the LSWDO, within twenty-four (24) hours from receipt of a report of alleged commission; the court must decide within seventy-two (72) hours from filing.
Section 20-A sets the IJISC initial placement period as not less than one (1) year and requires multi-disciplinary team submissions to include a case study and progress report with a psychiatric evaluation report, recommendations for reintegration or extension, reports on services to parents/family and their compliance, and further court decisions on completion, reintegration readiness, or continued rehabilitation and next assessment/hearing period.
Section 20-B mandates that a child above twelve (12) up to fifteen (15) committing an offense for the second time or oftener, where previously subjected to a community-based intervention program, is deemed a neglected child and must undergo an intensive intervention program supervised by the local social welfare and development officer; if best interest requires facility/Bahay Pag-asa placement, voluntary written authorization is required, and involuntary commitment is petitioned immediately if authorization is refused or absent.
Section 20-C imposes that any person who induces/threatens/instigates the commission of a crime by making use, taking advantage of, or profiting from children’s use— including abuse of authority or abuse of confidence based on child vulnerabilities— must be imposed the penalty prescribed by law for the crime committed in its maximum period.
Section 20-D authorizes the court, based on IJISC multi-disciplinary team recommendation, to require parents (as defined) to undergo counseling or any other intervention advancing the child’s welfare and best interest, and requires parents attendance at proceedings when ordered.
Section 20-D makes parents liable for damages unless they prove, to the satisfaction of the court, reasonable supervision at the time of the offense and reasonable effort and utmost diligence to prevent or discourage another offense.
Section 20-E requires that the victim and the victim’s family receive appropriate assistance and psychological intervention by LSWDO, DSWD, and other concerned agencies.

Due process during initial investigation and filing

Section 7 amends Section 22 of Republic Act No. 9344 to require that during investigation, the law enforcement officer determine where the case involving the child should be referred.
The law mandates that the statement of the child must be taken in the presence of: (1) the child’s counsel of choice, or if none, 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 the local social welfare and development officer are absent, the investigation statement must be taken in the presence of a representative of an NGO, religious group, or BCPC member.
The social worker must conduct an initial assessment to determine appropriate interventions and whether the child acted with discernment, using discernment assessment tools developed by the DSWD, and the initial assessment is without prejudice to a more comprehensive case study report.
If the child is fifteen (15) years or below or is above fifteen (15) but below eighteen (18) and acted without discernment, the matter proceeds under Section 20; if the child is above fifteen (15) but below eighteen (18) and acted with discernment, the matter proceeds to diversion under the chapter on diversion.

Preliminary investigation timelines and filing court

Section 8 amends Section 33 of Republic Act No. 9344 by requiring the prosecutor to conduct a preliminary investigation in these instances: (a) when the child does not qualify for diversion; (b) when the child, or the child’s parents/guardian, does not agree to diversion under Sections 27 and 28; and (c) when the prosecutor, considering the social worker’s assessment/recommendation, determines diversion is not appropriate.
After service of subpoena and affidavit of complaint, the prosecutor must notify PAO of the service and provide the child’s personal information and place of detention.
If probable cause is determined, the information against the child must be filed before the Family Court within forty-five (45) days from the start of the preliminary investigation.
The information must allege that the child acted with discernment.

Bahay Pag-asa establishment and IJISC placement

Section 9 amends Section 49 of Republic Act No. 9344 to require that each province and highly-urbanized city be responsible for building, funding, and operating a Bahay Pag-asa within its jurisdiction following DSWD-set and JJWC-adopted standards.
Section 9 provides that each Bahay Pag-asa has a special facility called the IJISC allocated for children in conflict with the law under Sections 20, 20-A, and 20-B.
Children placed in the IJISC must undergo a more intensive multi-disciplinary intervention program.
The JJWC, in partnership with but not limited to DSWD, DOH, DepED, and DILG, must develop and set standards for IJISC program implementation.
The JJWC must continue to monitor and provide technical assistance to multi-disciplinary teams operating IJISC programs after institutionalization.

LGU budget inclusion for juvenile programs

Section 10 amends Section 50 of Republic Act No. 9344 by requiring that LGUs include expected expenditures on local juvenile intervention programs for children at risk and children in conflict with the law in the LGU annual budget.
Highly-urbanized cities and provincial governments must include a separate budget for the construction and maintenance of the Bahay Pag-asa including operation of the IJISC within the Bahay Pag-asa.

Juvenile status offenses and local ordinance violations

Section 11 amends Section 57 to require that any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child.
Section 11 adds Section 57-A: local ordinances on juvenile status offenses (including curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking laws) and certain light offenses/misdemeanors against public order or safety (including disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public urination, trespassing) are for the protection of children.
Section 57-A prohibits imposing any penalty on children for these ordinance violations and requires bringing the child to the child’s residence or to a barangay official at the barangay hall for release to the custody of parents.
Section 57-A requires appropriate intervention programs under the ordinance, including counseling, group activities for children, and parenting education seminars for parents.
Section 57-A requires recording the child as a “child at risk” rather than a “child in conflict with the law.”

Mandatory registry and centralized information system

Section 12 establishes a mandatory registry of children in conflict with the law requiring duty-bearers, including barangay/BCPC workers, law enforcers, teachers, guidance counselors, social workers, and prosecutors who receive reports, handle cases, or refer them to ensure faithful recordation of pertinent information.
Required recordation includes: age, residence, gender, crime committed or accused of, and details of the intervention or diversion under which the child will undergo or has undergone.
Section 12 requires the JJWC to lead establishment of a centralized information management system on children in conflict with the law.
Section 12 recognizes that this does not affect Section 43 of the Act.

Appropriations, construction funding, and counterparts

Section 13 amends Section 63 by charging amounts necessary to carry out the Act against the current year’s appropriations of the JJWC under the budget of the Department of Justice, and thereafter including needed sums in the DSWD budget under the annual General Appropriations Act.
Section 13 appropriates Four hundred million pesos (P400,000,000.00) for construction of Bahay Pag-asaa rehabilitation centers in provinces or cities with high incidence of children in conflict with the law, as determined and identified by DSWD and JJWC on a priority basis.
Section 13 requires that the P400,000,000.00 amount be coursed through the Department of Public Works and Highways (DPWH) for proper implementation.
Section 13 requires concerned LGUs to make available a counterpart share equivalent to the national government contribution of Five million pesos (P5,000,000.00) per rehabilitation center from the LGU’s own resources or assets.
Section 13 allows the Council to accept donations, grants, and contributions in cash or in kind for purposes relevant to its functions, subject to usual government accounting and auditing rules and regulations.

Implementing rules; separability; repeal

Section 14 requires the JJWC to promulgate necessary rules and regulations within sixty (60) days from effectivity of the Act.
Section 15 provides a separability clause: if any provision is held unconstitutional, other provisions remain valid and binding.
Section 16 establishes a repealing clause: all laws, decrees, ordinances, and rules inconsistent with the Act are modified or repealed accordingly.