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Republic of the Philippines Congress of the Philippines etro anila Thirteenth Congress !econd Regular !ession

"egun and held in

etro

anila, on

onday, the twenty#fifth day of $uly, two thousand and fi%e&

Republic Act 'o& (3)) A' ACT *!TA"+,!-,'. A C/ PR*-*'!,0* $10*',+* $1!T,C* A'2 3*+4AR* !5!T* , CR*AT,'. T-* $10*',+* $1!T,C* A'2 3*+4AR* C/1'C,+ 1'2*R T-* 2*PART *'T /4 $1!T,C*, APPR/PR,AT,'. 41'2! T-*R*4/R A'2 4/R /T-*R P1RP/!*! "e it enacted by the !enate and -ouse of Representati%es of the Philippines in Congress asse6bled7 T,T+* , ./0*R','. PR,'C,P+*! C-APT*R 1 T,T+*, P/+,C5 A'2 2*4,',T,/' /4 T*R ! !ection 1& !hort Title and !cope& # This Act shall be 8nown as the 9$u%enile $ustice and 3elfare Act of 2006&9 ,t shall co%er the different stages in%ol%ing children at ris8 and children in conflict with the law fro6 pre%ention

to rehabilitation and reintegration& !*C& 2& 2eclaration of !tate Policy& # The following !tate policies shall be obser%ed at all ti6es7 :a; The !tate recogni<es the %ital role of children and youth in nation building and shall pro6ote and protect their physical, 6oral, spiritual, intellectual and social well#being& ,t shall inculcate in the youth patriotis6 and nationalis6, and encourage their in%ol%e6ent in public and ci%ic affairs& :b; The !tate shall protect the best interests of the child through 6easures that will ensure the obser%ance of international standards of child protection, especially those to which the Philippines is a party& Proceedings before any authority shall be conducted in the best interest of the child and in a 6anner which allows the child to participate and to e=press hi6self>herself freely& The participation of children in the progra6 and policy for6ulation and i6ple6entation related to ?u%enile ?ustice and welfare shall be ensured by the concerned go%ern6ent agency& :c; The !tate li8ewise recogni<es the right of children to assistance, including proper care and nutrition, and special protection fro6 all for6s of neglect, abuse, cruelty and e=ploitation, and other conditions pre?udicial to their de%elop6ent& :d; Pursuant to Article )0 of the 1nited 'ations Con%ention on the Rights of the Child, the !tate recogni<es the right of e%ery child alleged as, accused of, ad?udged, or recogni<ed as ha%ing infringed the penal law to be treated in a 6anner consistent with the pro6otion of the child@s sense of dignity and worth, ta8ing into account the child@s age and desirability of pro6oting his>her reintegration& 3hene%er appropriate and desirable, the !tate shall adopt 6easures for dealing with such children without resorting to ?udicial proceedings, pro%iding that hu6an rights and legal safeguards are fully respected& ,t shall ensure that children are dealt with in a 6anner appropriate to their well#being by pro%iding for, a6ong others, a %ariety of disposition 6easures such as care, guidance and super%ision orders, counseling, probation, foster care, education and %ocational training progra6s and other alternati%es to institutional care& :e; The ad6inistration of the ?u%enile ?ustice and welfare syste6 shall ta8e into consideration the cultural and religious perspecti%es of the 4ilipino people, particularly the indigenous peoples and the usli6s, consistent with the protection of the rights of children belonging to these co66unities& :f; The !tate shall apply the principles of restorati%e ?ustice in all its laws, policies and progra6s applicable to children in conflict with the law& !*C& 3& +iberal Construction of this Act& # ,n case of doubt, the interpretation of any of the pro%isions of this Act, including its i6ple6enting rules and regulations :,RRs;, shall be construed liberally in fa%or of the child in conflict with the law& !*C& )& 2efinition of Ter6s& # The following ter6s as used in this Act shall be defined as follows7 :a; 9"ail9 refers to the security gi%en for the release of the person in custody of the law, furnished by hi6>her or a bonds6an, to guarantee his>her appearance before any court& "ail 6ay be gi%en in the for6 of corporate security, property bond, cash deposit, or recogni<ance& :b; 9"est ,nterest of the Child9 refers to the totality of the circu6stances and conditions which are 6ost congenial to the sur%i%al, protection and feelings of security of the child and 6ost encouraging to the child@s physical, psychological and e6otional de%elop6ent& ,t also 6eans the least detri6ental a%ailable alternati%e for safeguarding the growth and de%elop6ent of the child&

:e; 9Child9 refers to a person under the age of eighteen :1A; years& :d; 9Child at Ris89 refers to a child who is %ulnerable to and at the ris8 of co66itting cri6inal offenses because of personal, fa6ily and social circu6stances, such as, but not li6ited to, the following7 :1; being abused by any person through se=ual, physical, psychological, 6ental, econo6ic or any other 6eans and the parents or guardian refuse, are unwilling, or unable to pro%ide protection for the childB :2; being e=ploited including se=ually or econo6icallyB :3; being abandoned or neglected, and after diligent search and inCuiry, the parent or guardian cannot be foundB :); co6ing fro6 a dysfunctional or bro8en fa6ily or without a parent or guardianB :D; being out of schoolB :6; being a streetchildB :E; being a 6e6ber of a gangB :A; li%ing in a co66unity with a high le%el of cri6inality or drug abuseB and :(; li%ing in situations of ar6ed conflict& :e; 9Child in Conflict with the +aw9 refers to a child who is alleged as, accused of, or ad?udged as, ha%ing co66itted an offense under Philippine laws& :f; 9Co66unity#based Progra6s9 refers to the progra6s pro%ided in a co66unity setting de%eloped for purposes of inter%ention and di%ersion, as well as rehabilitation of the child in conflict with the law, for reintegration into his>her fa6ily and>or co66unity& :g; 9Court9 refers to a fa6ily court or, in places where there are no fa6ily courts, any regional trial court& :h; 92epri%ation of +iberty9 refers to any for6 of detention or i6prison6ent, or to the place6ent of a child in conflict with the law in a public or pri%ate custodial setting, fro6 which the child in conflict with the law is not per6itted to lea%e at will by order of any ?udicial or ad6inistrati%e authority& :i; 92i%ersion9 refers to an alternati%e, child#appropriate process of deter6ining the responsibility and treat6ent of a child in conflict with the law on the basis of his>her social, cultural, econo6ic, psychological or educational bac8ground without resorting to for6al court proceedings& :?; 92i%ersion Progra69 refers to the progra6 that the child in conflict with the law is reCuired to undergo after he>she is found responsible for an offense without resorting to for6al court proceedings& :8; 9,nitial Contact 3ith#the Child9 refers to the apprehension or ta8ing into custody of a child in conflict with the law by law enforce6ent officers or pri%ate citi<ens& ,t includes the ti6e when the child alleged to be in conflict with the law recei%es a subpoena under !ection 3:b; of Rule 112 of the Re%ised Rules of Cri6inal Procedure or su66ons under !ection 6:a; or !ection (:b; of the sa6e Rule in cases

that do not reCuire preli6inary in%estigation or where there is no necessity to place the child alleged to be in conflict with the law under i66ediate custody& :,; 9,nter%ention9 refers to a series of acti%ities which are designed to address issues that caused the child to co66it an offense& ,t 6ay ta8e the for6 of an indi%iduali<ed treat6ent progra6 which 6ay include counseling, s8ills training, education, and other acti%ities that will enhance his>her psychological, e6otional and psycho#social well#being& :6; 9$u%enile $ustice and 3elfare !yste69 refers to a syste6 dealing with children at ris8 and children in conflict with the law, which pro%ides child#appropriate proceedings, including progra6s and ser%ices for pre%ention, di%ersion, rehabilitation, re#integration and aftercare to ensure their nor6al growth and de%elop6ent& :n; 9+aw *nforce6ent /fficer9 refers to the person in authority or his>her agent as defined in Article 1D2 of the Re%ised Penal Code, including a barangay tanod& :0; 9/ffense9 refers to any act or o6ission whether punishable under special laws or the Re%ised Penal Code, as a6ended& :p; 9Recogni<ance9 refers to an underta8ing in lieu of a bond assu6ed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law, when reCuired& :C; 9Restorati%e $ustice9 refers to a principle which reCuires a process of resol%ing conflicts with the 6a=i6u6 in%ol%e6ent of the %icti6, the offender and the co66unity& ,t see8s to obtain reparation for the %icti6B reconciliation of the offender, the offended and the co66unityB and reassurance to the offender that he>she can be reintegrated into society& ,t also enhances public safety by acti%ating the offender, the %icti6 and the co66unity in pre%ention strategies& :r; 9!tatus /ffenses9 refers to offenses which discri6inate only against a child, while an adult does not suffer any penalty for co66itting si6ilar acts& These shall include curfew %iolationsB truancy, parental disobedience and the li8e& :s; 95outh 2etention -o6e9 refers to a 2)#hour child#caring institution 6anaged by accredited local go%ern6ent units :+.1s; and licensed and>or accredited nongo%ern6ent organi<ations :'./s; pro%iding short#ter6 residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or ?urisdiction& :t; 95outh Rehabilitation Center9 refers to a 2)#hour residential care facility 6anaged by the 2epart6ent of !ocial 3elfare and 2e%elop6ent :2!32;, +.1s, licensed and>or accredited './s 6onitored by the 2!32, which pro%ides care, treat6ent and rehabilitation ser%ices for children in conflict with the law& Rehabilitation ser%ices are pro%ided under the guidance of a trained staff where residents are cared for under a structured therapeutic en%iron6ent with the end %iew of reintegrating the6 into their fa6ilies and co66unities as socially functioning indi%iduals& Physical 6obility of residents of said centers 6ay be restricted pending court disposition of the charges against the6& :u; 90icti6less Cri6es9 refers to offenses where there is no pri%ate offended party& C-APT*R 2 PR,'C,P+*! ,' T-* A2 ,',!TRAT,/' /4 $10*',+* $1!T,C* A'2 3*+4AR* !*C& D& Rights of the Child in Conflict with the +aw& # *%ery child in conflict with the law shall ha%e the

following rights, including but not li6ited to7 :a; the right not to be sub?ected to torture or other cruel, inhu6an or degrading treat6ent or punish6entB :b; the right not to be i6posed a sentence of capital punish6ent or life i6prison6ent, without the possibility of releaseB :c; the right not to be depri%ed, unlawfully or arbitrarily, of his>her libertyB detention or i6prison6ent being a disposition of last resort, and which shall be for the shortest appropriate period of ti6eB :d; the right to be treated with hu6anity and respect, for the inherent dignity of the person, and in a 6anner which ta8es into account the needs of a person of his>her age& ,n particular, a child depri%ed of liberty shall be separated fro6 adult offenders at all ti6es& 'o child shall be detained together with adult offenders& -e>!he shall be con%eyed separately to or fro6 court& -e>!he shall await hearing of his>her own case in a separate holding area& A child in conflict with the law shall ha%e the right to 6aintain contact with his>her fa6ily through correspondence and %isits, sa%e in e=ceptional circu6stancesB :e; the right to pro6pt access to legal and other appropriate assistance, as well as the right to challenge the legality of the depri%ation of his>her liberty before a court or other co6petent, independent and i6partial authority, and to a pro6pt decision on such actionB :f; the right to bail and recogni<ance, in appropriate casesB :g; the right to testify as a witness in hid>her own behalf under the rule on e=a6ination of a child witnessB :h; the right to ha%e his>her pri%acy respected fully at all stages of the proceedingsB :i; the right to di%ersion if he>she is Cualified and %oluntarily a%ails of the sa6eB :?; the right to be i6posed a ?udg6ent in proportion to the gra%ity of the offense where his>her best interest, the rights of the %icti6 and the needs of society are all ta8en into consideration by the court, under the principle of restorati%e ?usticeB :8; the right to ha%e restrictions on his>her personal liberty li6ited to the 6ini6u6, and where discretion is gi%en by law to the ?udge to deter6ine whether to i6pose fine or i6prison6ent, the i6position of fine being preferred as the 6ore appropriate penaltyB :,; in general, the right to auto6atic suspension of sentenceB :6; the right to probation as an alternati%e to i6prison6ent, if Cualified under the Probation +awB :n; the right to be free fro6 liability for per?ury, conceal6ent or 6isrepresentationB and :o; other rights as pro%ided for under e=isting laws, rules and regulations& The !tate further adopts the pro%isions of the 1nited 'ations !tandard ini6u6 Rules for the Ad6inistration of $u%enile $ustice or 9"ei?ing Rules9, 1nited 'ations .uidelines for the Pre%ention of $u%enile 2elinCuency or

the 9Riyadh .uidelines9, and the 1nited 'ations Rules for the Protection of $u%eniles 2epri%ed of +iberty& !*C& 6& ini6u6 Age of Cri6inal Responsibility& # A child fifteen :1D; years of age or under at the ti6e of the co66ission of the offense shall be e=e6pt fro6 cri6inal liability& -owe%er, the child shall be sub?ected to an inter%ention progra6 pursuant to !ection 20 of this Act& A child abo%e fifteen :1D; years but below eighteen :1A; years of age shall li8ewise be e=e6pt fro6 cri6inal liability and be sub?ected to an inter%ention progra6, unless he>she has acted with discern6ent, in which case, such child shall be sub?ected to the appropriate proceedings in accordance with this Act& The e=e6ption fro6 cri6inal liability herein established does not include e=e6ption fro6 ci%il liability, which shall be enforced in accordance with e=isting laws& !*C& E& 2eter6ination ofAge& # The child in conflict with the law shall en?oy the presu6ption of 6inority& -e>!he shall en?oy all the rights of a child in conflict with the law until he>she is pro%en to be eighteen :1A; years old or older& The age of a child 6ay be deter6ined fro6 the child@s birth certificate, baptis6al certificate or any other pertinent docu6ents& ,n the absence of these docu6ents, age 6ay be based on infor6ation fro6 the child hi6self>herself, testi6onies of other persons, the physical appearance of the child and other rele%ant e%idence& ,n case of doubt as to the age of the child, it shall be resol%ed in his>her fa%or& Any person contesting the age of the child in conflict with the law prior to the filing of the infor6ation in any appropriate court 6ay file a case in a su66ary proceeding for the deter6ination of age before the 4a6ily Court which shall decide the case within twenty#four :2); hours fro6 receipt of the appropriate pleadings of all interested parties& ,f a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the person shall file a 6otion to deter6ine the age of the child in the sa6e court where the case is pending& Pending hearing on the said 6otion, proceedings on the 6ain case shall be suspended& ,n all proceedings, law enforce6ent officers, prosecutors, ?udges and other go%ern6ent officials concerned shall e=ert all efforts at deter6ining the age of the child in conflict with the law&

T,T+* ,, !TR1CT1R*! ,' T-* A2 ,',!TRAT,/' /4 $10*',+* $1!T,C* A'2 3*+4AR* !*C& A& $u%enile $ustice and 3elfare Council :$$3C;& # A $u%enile $ustice and 3elfare Council :$$3C; is hereby created and attached to the 2epart6ent of $ustice and placed under its ad6inistrati%e super%ision& The $$3C shall be chaired by an undersecretary of the 2epart6ent of !ocial 3elfare and 2e%elop6ent& ,t shall ensure the effecti%e i6ple6entation of this Act and coordination a6ong the following agencies7 :a; Council for the 3elfare of Children :C3C;B :b; 2epart6ent of *ducation :2ep*d;B :c; 2epart6ent of the ,nterior and +ocal .o%ern6ent :2,+.;B :d; Public Attorney@s /ffice :PA/;B

:e; "ureau of Corrections :"1C/R;B :f; Parole and Probation Ad6inistration :PPA; :g; 'ational "ureau of ,n%estigation :'",;B :h; Philippine 'ational Police :P'P;B& :i; "ureau of $ail anage6ent and Penology :"$ P;B

:i; Co66ission on -u6an Rights :C-R;B :8; Technical *ducation and !8ills 2e%elop6ent Authority :T*!2A;B :l; 'ational 5outh Co66ission :'5C;B and :6; /ther institutions focused on ?u%enile ?ustice and inter%ention progra6s& The $$3C shall be co6posed of representati%es, whose ran8s shall not be lower than director, to be designated by the concerned heads of the following depart6ents or agencies7 :a; 2epart6ent of $ustice :2/$;B :b; 2epart6ent of !ocial 3elfare and 2e%elop6ent :2!32;B :c; Council for the 3elfare of Children :C3C; :d; 2epart6ent of *ducation :2ep*d;B :e; 2epart6ent of the ,nterior and +ocal .o%ern6ent :2,+.; :f; Co66ission on -u6an Rights :C-R;B :g; 'ational 5outh Co66ission :'5C;B and :h; Two :2; representati%es fro6 './s, one to be designated by the !ecretary of $ustice and the other to be designated by the !ecretary of !ocial 3elfare and 2e%elop6ent& The $$3C shall con%ene within fifteen :1D; days fro6 the effecti%ity of this Act& The !ecretary of $ustice and the !ecretary of !ocial 3elfare and 2e%elop6ent shall deter6ine the organi<ational structure and staffing pattern of the $$3C& The $$3C shall coordinate with the /ffice of the Court Ad6inistrator and the Philippine $udicial Acade6y to ensure the reali<ation of its 6andate and the proper discharge of its duties and functions, as herein pro%ided& !*C& (& 2uties and 4unctions of the $$3C& # The $$3C shall ha%e the following duties and functions7 :a; To o%ersee the i6ple6entation of this ActB

:b; To ad%ise the President on all 6atters and policies relating to ?u%enile ?ustice and welfareB :c; To assist the concerned agencies in the re%iew and redrafting of e=isting policies>regulations or in the for6ulation of new ones in line with the pro%isions of this ActB :d; To periodically de%elop a co6prehensi%e 3 to D#year national ?u%enile inter%ention progra6, with the participation of go%ern6ent agencies concerned, './s and youth organi<ationsB :e; To coordinate the i6ple6entation of the ?u%enile inter%ention progra6s and acti%ities by national go%ern6ent agencies and other acti%ities which 6ay ha%e an i6portant bearing on the success of the entire national ?u%enile inter%ention progra6& All progra6s relating to ?u%enile ?ustice and welfare shall be adopted in consultation with the $$3CB :f; To for6ulate and reco66end policies and strategies in consultation with children for the pre%ention of ?u%enile delinCuency and the ad6inistration of ?ustice, as well as for the treat6ent and rehabilitation of the children in conflict with the lawB :g; To collect rele%ant infor6ation and conduct continuing research and support e%aluations and studies on all 6atters relating to ?u%enile ?ustice and welfare, such as but not li6ited to7 :1; the perfor6ance and results achie%ed by ?u%enile inter%ention progra6s and by acti%ities of the local go%ern6ent units and other go%ern6ent agenciesB :2; the periodic trends, proble6s and causes of ?u%enile delinCuency and cri6esB and :3; the particular needs of children in conflict with the law in custody& The data gathered shall be used by the $$3C in the i6pro%e6ent of the ad6inistration of ?u%enile ?ustice and welfare syste6& The $$3C shall set up a 6echanis6 to ensure that children are in%ol%ed in research and policy de%elop6ent& :h; Through duly designated persons and with the assistance of the agencies pro%ided in the preceding section, to conduct regular inspections in detention and rehabilitation facilities and to underta8e spot inspections on their own initiati%e in order to chec8 co6pliance with the standards pro%ided herein and to 6a8e the necessary reco66endations to appropriate agenciesB :i; To initiate and coordinate the conduct of trainings for the personnel of the agencies in%ol%ed in the ad6inistration of the ?u%enile ?ustice and welfare syste6 and the ?u%enile inter%ention progra6B :?; To sub6it an annual report to the President on the i6ple6entation of this ActB and :8; To perfor6 such other functions as 6ay be necessary to i6ple6ent the pro%isions of this Act& !*C& 10& Policies and Procedures on $u%enile $ustice and 3elfare& # All go%ern6ent agencies enu6erated in !ection A shall, with the assistance of the $$3C and within one :1; year fro6 the effecti%ity of this Act, draft policies and procedures consistent with the standards set in the law& These policies and procedures shall be 6odified accordingly in consultation with the $$3C upon the co6pletion of the national ?u%enile inter%ention progra6 as pro%ided under !ection ( :d;&

!*C& 11& Child Rights Center :CRC;& # The e=isting Child Rights Center of the Co66ission on -u6an Rights shall ensure that the status, rights and interests of children are upheld in accordance with the Constitution and international instru6ents on hu6an rights& The C-R shall strengthen the 6onitoring of go%ern6ent co6pliance of all treaty obligations, including the ti6ely and regular sub6ission of reports before the treaty bodies, as well as the i6ple6entation and disse6ination of reco66endations and conclusions by go%ern6ent agencies as well as './s and ci%il society&

T,T+* ,,, PR*0*'T,/' /4 $10*',+* 2*+,'F1*'C5 C-APT*R 1 T-* R/+* /4 T-* 2,44*R*'T !*CT/R! !*C& 12& The 4a6ily& # The fa6ily shall be responsible for the pri6ary nurturing and rearing of children which is critical in delinCuency pre%ention& As far as practicable and in accordance with the procedures of this Act, a child in conflict with the law shall be 6aintained in his>her fa6ily& !*C& 13& The *ducational !yste6& # *ducational institutions shall wor8 together with fa6ilies, co66unity organi<ations and agencies in the pre%ention of ?u%enile delinCuency and in the rehabilitation and reintegration of child in conflict with the law& !chools shall pro%ide adeCuate, necessary and indi%iduali<ed educational sche6es for children 6anifesting difficult beha%ior and children in conflict with the law& ,n cases where children in conflict with the law are ta8en into custody or detained in rehabilitation centers, they should be pro%ided the opportunity to continue learning under an alternati%e learning syste6 with basic literacy progra6 or non# for6al education accreditation eCui%alency syste6& !*C& 1)& The Role of the ass edia& # The 6ass 6edia shall play an acti%e role in the pro6otion of child rights, and delinCuency pre%ention by relaying consistent 6essages through a balanced approach& edia practitioners shall, therefore, ha%e the duty to 6aintain the highest critical and professional standards in reporting and co%ering cases of children in conflict with the law& ,n all publicity concerning children, the best interest of the child should be the pri6ordial and para6ount concern& Any undue, inappropriate and sensationali<ed publicity of any case in%ol%ing a child in conflict with the law is hereby declared a %iolation of the child@s rights& !*C& 1D& *stablish6ent and !trengthening of +ocal Councils for the Protection of Children& # +ocal Councils for the Protection of Children :+CPC; shall be established in all le%els of local go%ern6ent, and where they ha%e already been established, they shall be strengthened within one :1; year fro6 the effecti%ity of this Act& e6bership in the +CPC shall be chosen fro6 a6ong the responsible 6e6bers of the co66unity, including a representati%e fro6 the youth sector, as well as representati%es fro6 go%ern6ent and pri%ate agencies concerned with the welfare of children& The local council shall ser%e as the pri6ary agency to coordinate with and assist the +.1 concerned for the adoption of a co6prehensi%e plan on delinCuency pre%ention, and to o%ersee its proper i6ple6entation& /ne percent :1G; of the internal re%enue allot6ent of barangays, 6unicipalities and cities shall be allocated for the strengthening and i6ple6entation of the progra6s of the +CPC7 Pro%ided, That the disburse6ent of the fund shall be 6ade by the +.1 concerned& !*C& 16& Appoint6ent of +ocal !ocial 3elfare and 2e%elop6ent /fficer& # All +.1s shall appoint a duly licensed social wor8er as its local social welfare and de%elop6ent officer tas8ed to assist children in conflict

with the law& !*C& 1E& The !angguniang Habataan& # The !angguniang Habataan :!H; shall coordinate with the +CPC in the for6ulation and i6ple6entation of ?u%enile inter%ention and di%ersion progra6s in the co66unity& C-APT*R 2 C/ PR*-*'!,0* $10*',+* ,'T*R0*'T,/' PR/.RA !*C& 1A& 2e%elop6ent of a Co6prehensi%e $u%enile ,nter%ention Progra6& # A Co6prehensi%e ?u%enile inter%ention progra6 co%ering at least a 3#year period shall be instituted in +.1s fro6 the barangay to the pro%incial le%el& The +.1s shall set aside an a6ount necessary to i6ple6ent their respecti%e ?u%enile inter%ention progra6s in their annual budget& The +.1s, in coordination with the +CPC, shall call on all sectors concerned, particularly the child#focused institutions, './s, people@s organi<ations, educational institutions and go%ern6ent agencies in%ol%ed in delinCuency pre%ention to participate in the planning process and i6ple6entation of ?u%enile inter%ention progra6s& !uch progra6s shall be i6ple6ented consistent with the national progra6 for6ulated and designed by the $$3C& The i6ple6entation of the co6prehensi%e ?u%enile inter%ention progra6 shall be re%iewed and assessed annually by the +.1s in coordination with the +CPC& Results of the assess6ent shall be sub6itted by the pro%incial and city go%ern6ents to the $$3C not later than arch 30 of e%ery year& !*C& 1(& Co66unity#based Progra6s on $u%enile $ustice and 3elfare& # Co66unity#based progra6s on ?u%enile ?ustice and welfare shall be instituted by the +.1s through the +CPC, school, youth organi<ations and other concerned agencies& The +.1s shall pro%ide co66unity#based ser%ices which respond to the special needs, proble6s, interests and concerns of children and which offer appropriate counseling and guidance to the6 and their fa6ilies& These progra6s shall consist of three le%els7 :a; Pri6ary inter%ention includes general 6easures to pro6ote social ?ustice and eCual opportunity, which tac8le percei%ed root causes of offendingB :b; !econdary inter%ention includes 6easures to assist children at ris8B and :c; Tertiary inter%ention includes 6easures to a%oid unnecessary contact with the for6al ?ustice syste6 and other 6easures to pre%ent re#offending&

T,T+* ,0 TR*AT *'T /4 C-,+2R*' "*+/3 T-* A.* /4 CR, ,'A+ R*!P/'!,",+,T5 !*C& 20& Children "elow the Age of Cri6inal Responsibility& # ,f it has been deter6ined that the child ta8en into custody is fifteen :1D; years old or below, the authority which will ha%e an initial contact with the child has the duty to i66ediately release the child to the custody of his>her parents or guardian, or in the absence thereof, the child@s nearest relati%e& !aid authority shall gi%e notice to the local social welfare and de%elop6ent officer who will deter6ine the appropriate progra6s in consultation with the child and to the person ha%ing custody o%er the child& ,f the parents, guardians or nearest relati%es cannot be located, or if they refuse to ta8e custody, the child 6ay be released to any of the following7 a duly registered nongo%ern6ental or religious organi<ationB a barangay official or a 6e6ber of the "arangay Council for the Protection of Children :"CPC;B a local social welfare and de%elop6ent officerB or when and where appropriate, the 2!32& ,f the child referred to herein has been found by the +ocal !ocial 3elfare and 2e%elop6ent /ffice to be abandoned, neglected or

abused by his parents, or in the e%ent that the parents will not co6ply with the pre%ention progra6, the proper petition for in%oluntary co66it6ent shall be filed by the 2!32 or the +ocal !ocial 3elfare and 2e%elop6ent /ffice pursuant to Presidential 2ecree 'o& 603, otherwise ,8nown as 9The Child and 5outh 3elfare Code9&

T,T+* 0 $10*',+* $1!T,C* A'2 3*+4AR* !5!T* C-APT*R , ,',T,A+ C/'TACT 3,T- T-* C-,+2 !*C& 21& Procedure for Ta8ing the Child into Custody& # 4ro6 the 6o6ent a child is ta8en into custody, the law enforce6ent officer shall7 :a; *=plain to the child in si6ple language and in a dialect that he>she can understand why he>she is being placed under custody and the offense that he>she allegedly co66ittedB :b; ,nfor6 the child of the reason for such custody and ad%ise the child of his>her constitutional rights in a language or dialect understood by hi6>herB :e; Properly identify hi6self>herself and present proper identification to the childB :d; Refrain fro6 using %ulgar or profane words and fro6 se=ually harassing or abusing, or 6a8ing se=ual ad%ances on the child in conflict with the lawB :e; A%oid displaying or using any firear6, weapon, handcuffs or other instru6ents of force or restraint, unless absolutely necessary and only after all other 6ethods of control ha%e been e=hausted and ha%e failedB :f; Refrain fro6 sub?ecting the child in conflict with the law to greater restraint than is necessary for his>her apprehensionB :g; A%oid %iolence or unnecessary forceB :h; 2eter6ine the age of the child pursuant to !ection E of this ActB :i; ,66ediately but not later than eight :A; hours after apprehension, turn o%er custody of the child to the !ocial 3elfare and 2e%elop6ent /ffice or other accredited './s, and notify the child@s apprehension& The social welfare and de%elop6ent officer shall e=plain to the child and the child@s parents>guardians the conseCuences of the child@s act with a %iew towards counseling and rehabilitation, di%ersion fro6 the cri6inal ?ustice syste6, and reparation, if appropriateB :?; Ta8e the child i66ediately to the proper 6edical and health officer for a thorough physical and 6ental e=a6ination& The e=a6ination results shall be 8ept confidential unless otherwise ordered by the 4a6ily Court& 3hene%er the 6edical treat6ent is reCuired, steps shall be i66ediately underta8en to pro%ide the sa6eB :8; *nsure that should detention of the child in conflict with the law be necessary, the child shall be secured in Cuarters separate fro6 that of the opposite se= and adult offendersB

:l; Record the following in the initial in%estigation7 1& 3hether handcuffs or other instru6ents of restraint were used, and if so, the reason for suchB 2& That the parents or guardian of a child, the 2!32, and the PA0 ha%e been infor6ed of the apprehension and the details thereofB and 3& The e=haustion of 6easures to deter6ine the age of a child and the precise details of the physical and 6edical e=a6ination or the failure to sub6it a child to such e=a6inationB and :6; *nsure that all state6ents signed by the child during in%estigation shall be witnessed by the child@s parents or guardian, social wor8er, or legal counsel in attendance who shall affi= his>her signature to the said state6ent& A child in conflict with the law shall only be searched by a law enforce6ent officer of the sa6e gender and shall not be loc8ed up in a detention cell& !*C& 22& 2uties 2uring ,nitial ,n%estigation& # The law enforce6ent officer shall, in his>her in%estigation, deter6ine where the case in%ol%ing the child in conflict with the law should be referred& The ta8ing of the state6ent of the child shall be conducted in the presence of the following7 :1; child@s counsel of choice or in the absence thereof, a lawyer fro6 the Public Attorney@s /fficeB :2; the child@s parents, guardian, or nearest relati%e, as the case 6ay beB and :3; the local social welfare and de%elop6ent officer& ,n the absence of the child@s parents, guardian, or nearest relati%e, and the local social welfare and de%elop6ent officer, the in%estigation shall be conducted in the presence of a representati%e of an './, religious group, or 6e6ber of the "CPC& After the initial in%estigation, the local social wor8er conducting the sa6e 6ay do either of the following7 :a; Proceed in accordance with !ection 20 if the child is fifteen :1D; years or below or abo%e fifteen :1D; but below eighteen :1A; years old, who acted without discern6entB and :b; ,f the child is abo%e fifteen :1D; years old but below eighteen :1A; and who acted with discern6ent, proceed to di%ersion under the following chapter& C-APT*R 2 2,0*R!,/' !*C& 23& !yste6 of 2i%ersion& # Children in conflict with the law shall undergo di%ersion progra6s without undergoing court proceedings sub?ect to the conditions herein pro%ided7 :a; 3here the i6posable penalty for the cri6e co66ittee is not 6ore than si= :6; years i6prison6ent, the law enforce6ent officer or Punong "arangay with the assistance of the local social welfare and de%elop6ent officer or other 6e6bers of the +CPC shall conduct 6ediation, fa6ily conferencing and conciliation and, where appropriate, adopt indigenous 6odes of conflict resolution in accordance with the best interest of the child with a %iew to acco6plishing the ob?ecti%es of restorati%e ?ustice and the for6ulation of a di%ersion progra6& The child and his>her fa6ily shall be present in these acti%ities& :b; ,n %icti6less cri6es where the i6posable penalty is not 6ore than si= :6; years i6prison6ent, the local social welfare and de%elop6ent officer shall 6eet with the child and his>her parents or guardians for the de%elop6ent of the appropriate di%ersion and rehabilitation progra6, in coordination with the

"CPCB :c; 3here the i6posable penalty for the cri6e co66itted e=ceeds si= :6; years i6prison6ent, di%ersion 6easures 6ay be resorted to only by the court& !*C& 2)& !tages 3here 2i%ersion ay be Conducted& # 2i%ersion 6ay be conducted at the Hatarungang Pa6barangay, the police in%estigation or the inCuest or preli6inary in%estigation stage and at all 1e%els and phases of the proceedings including ?udicial le%el& !*C& 2D& Conferencing, ediation and Conciliation& # A child in conflict with law 6ay undergo conferencing, 6ediation or conciliation outside the cri6inal ?ustice syste6 or prior to his entry into said syste6& A contract of di%ersion 6ay be entered into during such conferencing, 6ediation or conciliation proceedings& !*C& 26& Contract of 2i%ersion& # ,f during the conferencing, 6ediation or conciliation, the child %oluntarily ad6its the co66ission of the act, a di%ersion progra6 shall be de%eloped when appropriate and desirable as deter6ined under !ection 30& !uch ad6ission shall not be used against the child in any subseCuent ?udicial, Cuasi#?udicial or ad6inistrati%e proceedings& The di%ersion progra6 shall be effecti%e and binding if accepted by the parties concerned& The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities& The local social welfare and de%elop6ent officer shall super%ise the i6ple6entation of the di%ersion progra6& The di%ersion proceedings shall be co6pleted within forty#fi%e :)D; days& The period of prescription of the offense shall be suspended until the co6pletion of the di%ersion proceedings but not to e=ceed forty#fi%e :)D; days& The child shall present hi6self>herself to the co6petent authorities that i6posed the di%ersion progra6 at least once a 6onth for reporting and e%aluation of the effecti%eness of the progra6& 4ailure to co6ply with the ter6s and conditions of the contract of di%ersion, as certified by the local social welfare and de%elop6ent officer, shall gi%e the offended party the option to institute the appropriate legal action& The period of prescription of the offense shall be suspended during the effecti%ity of the di%ersion progra6, but not e=ceeding a period of two :2; years& !*C& 2E& 2uty of the Punong "arangay 3hen There is 'o 2i%ersion& # ,f the offense does not fall under !ection 23:a; and :b;, or if the child, his>her parents or guardian does not consent to a di%ersion, the Punong "arangay handling the case shall, within three :3; days fro6 deter6ination of the absence of ?urisdiction o%er the case or ter6ination of the di%ersion proceedings, as the case 6ay be, forward the records of the case of the child to the law enforce6ent officer, prosecutor or the appropriate court, as the case 6ay be& 1pon the issuance of the corresponding docu6ent, certifying to the fact that no agree6ent has been reached by the parties, the case shall be filed according to the regular process& !*C& 2A& 2uty of the +aw *nforce6ent /fficer 3hen There is 'o 2i%ersion& # ,f the offense does not fall under !ection 23:a; and :b;, or if the child, his>her parents or guardian does not consent to a di%ersion, the 3o6en and Children Protection 2es8 of the P'P, or other law enforce6ent officer handling the case of the child under custody, to the prosecutor or ?udge concerned for the conduct of inCuest and>or preli6inary in%estigation to deter6ine whether or not the child should re6ain under custody and correspondingly charged in court& The docu6ent trans6itting said records shall display the word 9C-,+29 in bold letters& !*C& 2(& 4actors in 2eter6ining 2i%ersion Progra6& # ,n deter6ining whether di%ersion is appropriate and desirable, the following factors shall be ta8en into consideration7

:a; The nature and circu6stances of the offense chargedB :b; The freCuency and the se%erity of the actB :c; The circu6stances of the child :e&g& age, 6aturity, intelligence, etc&;B :d; The influence of the fa6ily and en%iron6ent on the growth of the childB :e; The reparation of in?ury to the %icti6B :f; The weight of the e%idence against the childB :g; The safety of the co66unityB and :h; The best interest of the child& !*C& 30& 4or6ulation of the 2i%ersion Progra6& # ,n for6ulating a di%ersion progra6, the indi%idual characteristics and the peculiar circu6stances of the child in conflict with the law shall be used to for6ulate an indi%iduali<ed treat6ent& The following factors shall be considered in for6ulating a di%ersion progra6 for the child7 :a; The child@s feelings of re6orse for the offense he>she co66ittedB :b; The parents@ or legal guardians@ ability to guide and super%ise the childB :c; The %icti6@s %iew about the propriety of the 6easures to be i6posedB and :d; The a%ailability of co66unity#based progra6s for rehabilitation and reintegration of the child& !*C& 31& Hinds of 2i%ersion Progra6s& # The di%ersion progra6 shall include adeCuate socio#cultural and psychological responses and ser%ices for the child& At the different stages where di%ersion 6ay be resorted to, the following di%ersion progra6s 6ay be agreed upon, such as, but not li6ited to7 :a; At the le%el of the Punong "arangay7 :1; Restitution of propertyB :2; Reparation of the da6age causedB :3; ,nde6nification for conseCuential da6agesB :); 3ritten or oral apologyB :D; Care, guidance and super%ision ordersB :6; Counseling for the child in conflict with the law and the child@s fa6ilyB :E;Attendance in trainings, se6inars and lectures on7

:i; anger 6anage6ent s8illsB :ii; proble6 sol%ing and>or conflict resolution s8illsB :iii; %alues for6ationB and :i%; other s8ills which will aid the child in dealing with situations which can lead to repetition of the offenseB :A; Participation in a%ailable co66unity#based progra6s, including co66unity ser%iceB or :(; Participation in education, %ocation and life s8ills progra6s& :b; At the le%el of the law enforce6ent officer and the prosecutor7 :1; 2i%ersion progra6s specified under paragraphs :a;:1; to :a;:(; hereinB and :2; Confiscation and forfeiture of the proceeds or instru6ents of the cri6eB :c; At the le%el of the appropriate court7 :1; 2i%ersion progra6s specified under paragraphs:a;and :b; abo%eB :2; 3ritten or oral repri6and or citationB :3; 4ine7 :); Pay6ent of the cost of the proceedingsB or :D; ,nstitutional care and custody& C-APT*R 3 PR/!*C1T,/' !*C& 32& 2uty of the Prosecutor@s /ffice& # There shall be a specially trained prosecutor to conduct inCuest, preli6inary in%estigation and prosecution of cases in%ol%ing a child in conflict with the law& ,f there is an allegation of torture or ill#treat6ent of a child in conflict with the law during arrest or detention, it shall be the duty of the prosecutor to in%estigate the sa6e& !*C& 33& Preli6inary ,n%estigation and 4iling of ,nfor6ation& # The prosecutor shall conduct a preli6inary in%estigation in the following instances7 :a; when the child in conflict with the law does not Cualify for di%ersion7 :b; when the child, his>her parents or guardian does not agree to di%ersion as specified in !ections 2E and 2AB and :c; when considering the assess6ent and reco66endation of the social wor8er, the prosecutor deter6ines that di%ersion is not appropriate for the child in conflict with the law& 1pon ser%ing the subpoena and the affida%it of co6plaint, the prosecutor shall notify the Public Attorney@s /ffice of such ser%ice, as well as the personal infor6ation, and place of detention of the child in conflict with the law& 1pon deter6ination of probable cause by the prosecutor, the infor6ation against the child shall be filed before the 4a6ily Court within forty#fi%e :)D; days fro6 the start of the preli6inary in%estigation&

C-APT*R ) C/1RT PR/C**2,'.! !*C& 3)& "ail& # 4or purposes of reco66ending the a6ount of bail, the pri%ileged 6itigating circu6stance of 6inority shall be considered& !*C& 3D& Release on Recogni<ance& # 3here a child is detained, the court shall order7 :a; the release of the 6inor on recogni<ance to his>her parents and other suitable personB :b; the release of the child in conflict with the law on bailB or :c; the transfer of the 6inor to a youth detention ho6e>youth rehabilitation center& The court shall not order the detention of a child in a ?ail pending trial or hearing of his>her case& !*C& 36& 2etention of the Child Pending Trial& # Children detained pending trial 6ay be released on bail or recogni<ance as pro%ided for under !ections 3) and 3D under this Act& ,n all other cases and whene%er possible, detention pending trial 6ay be replaced by alternati%e 6easures, such as close super%ision, intensi%e care or place6ent with a fa6ily or in an educational setting or ho6e& ,nstitutionali<ation or detention of the child pending trial shall be used only as a 6easure of last resort and for the shortest possible period of ti6e& 3hene%er detention is necessary, a child will always be detained in youth detention ho6es established by local go%ern6ents, pursuant to !ection A of the 4a6ily Courts Act, in the city or 6unicipality where the child resides& ,n the absence of a youth detention ho6e, the child in conflict with the law 6ay be co66itted to the care of the 2!32 or a local rehabilitation center recogni<ed by the go%ern6ent in the pro%ince, city or 6unicipality within the ?urisdiction of the court& The center or agency concerned shall be responsible for the child@s appearance in court whene%er reCuired& !*C& 3E& 2i%ersion easures& # 3here the 6a=i6u6 penalty i6posed by law for the offense with which the child in conflict with the law is charged is i6prison6ent of not 6ore than twel%e :12; years, regardless of the fine or fine alone regardless of the a6ount, and before arraign6ent of the child in conflict with the law, the court shall deter6ine whether or not di%ersion is appropriate& !*C& 3A& Auto6atic !uspension of !entence& # /nce the child who is under eighteen :1A; years of age at the ti6e of the co66ission of the offense is found guilty of the offense charged, the court shall deter6ine and ascertain any ci%il liability which 6ay ha%e resulted fro6 the offense co66itted& -owe%er, instead of pronouncing the ?udg6ent of con%iction, the court shall place the child in conflict with the law under suspended sentence, without need of application7 Pro%ided, howe%er, That suspension of sentence shall still be applied e%en if the ?u%enile is already eighteen years :1A; of age or 6ore at the ti6e of the pronounce6ent of his>her guilt& 1pon suspension of sentence and after considering the %arious chcu6stances of the child, the court shall i6pose the appropriate disposition 6easures as pro%ided in the !upre6e Court Rule on $u%eniles in Conflict with the +aw& !*C& 3(& 2ischarge of the Child in Conflict with the +aw& # 1pon the reco66endation of the social wor8er who has custody of the child, the court shall dis6iss the case against the child whose sentence has been suspended and against who6 disposition 6easures ha%e been issued, and shall order the final discharge of

the child if it finds that the ob?ecti%e of the disposition 6easures ha%e been fulfilled& The discharge of the child in conflict with the law shall not affect the ci%il liability resulting fro6 the co66ission of the offense, which shall be enforced in accordance with law& !*C& )0& Return of the Child in Conflict with the +aw to Court& # ,f the court finds that the ob?ecti%e of the disposition 6easures i6posed upon the child in conflict with the law ha%e not been fulfilled, or if the child in conflict with the law has willfully failed to co6ply with the conditions of his>her disposition or rehabilitation progra6, the child in conflict with the law shall be brought before the court for e=ecution of ?udg6ent& ,f said child in conflict with the law has reached eighteen :1A; years of age while under suspended sentence, the court shall deter6ine whether to discharge the child in accordance with this Act, to order e=ecution of sentence, or to e=tend the suspended sentence for a certain specified period or until the child reaches the 6a=i6u6 age of twenty#one :21; years& !*C& )1& Credit in !er%ice of !entence& # The child in conflict with the law shall be credited in the ser%ices of his>her sentence with the full ti6e spent in actual co66it6ent and detention under this Act& !*C& )2& Probation as an Alternati%e to ,6prison6ent& # The court 6ay, after it shall ha%e con%icted and sentenced a child in conflict with the law, and upon application at any ti6e, place the child on probation in lieu of ser%ice of his>her sentence ta8ing into account the best interest of the child& 4or this purpose, !ection ) of Presidential 2ecree 'o& (6A, otherwise 8nown as the 9Probation +aw of 1(E69, is hereby a6ended accordingly& C-APT*R D C/'4,2*'T,A+,T5 /4 R*C/R2! A'2 PR/C**2,'.! !*C& )3& Confedentiality of Records and Proceedings& # All records and proceedings in%ol%ing children in conflict with the law fro6 initial contact until final disposition of the case shall be considered pri%ileged and confidential& The public shall be e=cluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoe%er, e=cept to deter6ine if the child in conflict with the law 6ay ha%e his>hes sentence suspended or if he>she 6ay be granted probation under the Probation +aw, or to enforce the ci%il liability i6posed in the cri6inal action& The co6ponent authorities shall underta8e all 6easures to protect this confidentiality of proceedings, including non#disclosure of records to the 6edia, 6aintaining a separate police blotter for cases in%ol%ing children in conflict with the law and adopting a syste6 of coding to conceal 6aterial infor6ation which will lead to the child@s identity& Records of a child in conflict with the law shall not be used in subseCuent proceedings for cases in%ol%ing the sa6e offender as an adult, e=cept when beneficial for the offender and upon his>her written consent& A person who has been in conflict with the law as a child shall not be held under any pro%ision of law, to be guilty of per?ury or of conceal6ent or 6isrepresentation by reason of his>her failure to ac8nowledge the case or recite any fact related thereto in response to any inCuiry 6ade to hi6>her for any purpose&

T,T+* 0, R*-A",+,TAT,/' A'2 R*,'T*.RAT,/' !*C& ))& /b?ecti%e of Rehabilitation and Reintegration& # The ob?ecti%e of rehabilitation and reintegration of children in conflict with the law is to pro%ide the6 with inter%entions, approaches and strategies that will

enable the6 to i6pro%e their social functioning with the end goal of reintegration to their fa6ilies and as producti%e 6e6bers of their co66unities& !*C& )D& Court /rder ReCuired& # 'o child shall be recei%ed in any rehabilitation or training facility without a %alid order issued by the court after a hearing for the purpose& The details of this order shall be i66ediately entered in a register e=clusi%ely for children in conflict with the law& 'o child shall be ad6itted in any facility where there is no such register& !*C& )6, !eparate 4acilities fro6 Adults& # ,n all rehabilitation or training facilities, it shall be 6andatory that children shall be separated fro6 adults unless they are 6e6bers of the sa6e fa6ily& 1nder no other circu6stance shall a child in conflict with the law be placed in the sa6e confine6ent as adults& The rehabilitation, training or confine6ent area of children in conflict with the law shall pro%ide a ho6e en%iron6ent where children in conflict with the law can be pro%ided with Cuality counseling and treat6ent& !*C& )E& 4e6ale Children& # 4e6ale children in conflict with the law placed in an institution shall be gi%en special attention as to their personal needs and proble6s& They shall be handled by fe6ale doctors, correction officers and social wor8ers, and shall be acco66odated separately fro6 6ale children in conflict with the law& !*C& )A& .ender#!ensiti%ity Training& # 'o personnel of rehabilitation and training facilities shall handle children in conflict with the law without ha%ing undergone gender sensiti%ity training& !*C& )(& *stablish6ent of 5outh 2etention -o6es& # The +.1s shall set aside an a6ount to build youth detention ho6es as 6andated by the 4a6ily Courts Act& 5outh detention ho6es 6ay also be established by pri%ate and './s licensed and accredited by the 2!32, in consultation with the $$3C& !*C& D0& Care and aintenance of the Child in Conflict with the +aw& # The e=penses for the care and 6aintenance of a child in conflict with the law under institutional care shall be borne by his>her parents or those persons liable to support hi6>her7 Pro%ided, That in case his>her parents or those persons liable to support hi6>her cannot pay all or part of said e=penses, the 6unicipality where the offense was co66itted shall pay one#third :1>3; of said e=penses or part thereofB the pro%ince to which the 6unicipality belongs shall pay one#third :1>3; and the re6aining one#third :1>3; shall be borne by the national go%ern6ent& Chartered cities shall pay two#thirds :2>3; of said e=pensesB and in case a chartered city cannot pay said e=penses, part of the internal re%enue allot6ents applicable to the unpaid portion shall be withheld and applied to the settle6ent of said obligations7Pro%ided, further, That in the e%ent that the child in conflict with the law is not a resident of the 6unicipality>city where the offense was co66itted, the court, upon its deter6ination, 6ay reCuire the city>6unicipality where the child in conflict with the law resides to shoulder the cost& All city and pro%incial go%ern6ents 6ust e=ert effort for the i66ediate establish6ent of local detention ho6es for children in conflict with the law& !*C& D1& Confine6ent of Con%icted Children in Agricultural Ca6ps and other Training 4acilities& # A child in conflict with the law 6ay, after con%iction and upon order of the court, be 6ade to ser%e his>her sentence, in lieu of confine6ent in a regular penal institution, in an agricultural ca6p and other training facilities that 6ay be established, 6aintained, super%ised and controlled by the "1C/R, in coordination with the 2!32& !*C& D2& Rehabilitation of Children in Conflict with the +aw& # Children in conflict with the law, whose sentences are suspended 6ay, upon order of the court, undergo any or a co6bination of disposition 6easures best suited to the rehabilitation and welfare of the child as pro%ided in the !upre6e Court Rule on $u%eniles in Conflict with the +aw&

,f the co66unity#based rehabilitation is a%ailed of by a child in conflict with the law, he>she shall be released to parents, guardians, relati%es or any other responsible person in the co66unity& 1nder the super%ision and guidance of the local social welfare and de%elop6ent officer, and in coordination with his>her parents>guardian, the child in conflict with the law shall participate in co66unity#based progra6s, which shall include, but not li6ited to7 :1; Co6petency and life s8ills de%elop6entB :2; !ocio#cultural and recreational acti%itiesB :3; Co66unity %olunteer pro?ectsB :); +eadership trainingB :D; !ocial ser%icesB :6; -o6elife ser%icesB :E; -ealth ser%icesB & :A; !piritual enrich6entB and :(; Co66unity and fa6ily welfare ser%ices& ,n accordance therewith, the fa6ily of the child in conflict with the law shall endea%or to acti%ely participate in the co66unity#based rehabilitation& "ased on the progress of the youth in the co66unity, a final report will be forwarded by the local social welfare and de%elop6ent officer to the court for final disposition of the case& ,f the co66unity#based progra6s are pro%ided as di%ersion 6easures under Chapter ,,, Title 0, the progra6s enu6erated abo%e shall be 6ade a%ailable to the child in conflict with the law& !*C& D3& 5outh Rehabilitation Center& # The youth rehabilitation center shall pro%ide 2)#hour group care, treat6ent and rehabilitation ser%ices under the guidance of a trained staff where residents are cared for under a structured therapeutic en%iron6ent with the end %iew of reintegrating the6 in their fa6ilies and co66unities as socially functioning indi%iduals& A Cuarterly report shall be sub6itted by the center to the proper court on the progress of the children in conflict with the law& "ased on the progress of the youth in the center, a final report will be forwarded to the court for final disposition of the case& The 2!32 shall establish youth rehabilitation centers in each region of the country& !*C& D)& /b?ecti%es of Co66unity "ased Progra6s& # The ob?ecti%es of co66unity#based progra6s are as follows7 :a; Pre%ent disruption in the education or 6eans of li%elihood of the child in conflict with the law in case he>she is studying, wor8ing or attending %ocational learning institutionsB :b; Pre%ent separation of the child in conflict with the law fro6 his>her parents>guardians to 6aintain the support syste6 fostered by their relationship and to create greater awareness of their 6utual and reciprocal responsibilitiesB

:c; 4acilitate the rehabilitation and 6ainstrea6ing of the child in conflict with the law and encourage co66unity support and in%ol%e6entB and :d; ini6i<e the stig6a that attaches to the child in conflict with the law by pre%enting ?ail detention&

!*C& DD& Criteria of Co66unity#"ased Progra6s& # *%ery +.1 shall establish co66unity#based progra6s that will focus on the rehabilitation and reintegration of the child& All progra6s shall 6eet the criteria to be established by the $$3C which shall ta8e into account the purpose of the progra6, the need for the consent of the child and his>her parents or legal guardians, and the participation of the child#centered agencies whether public or pri%ate& !*C& D6& After#Care !upport !er%ices for Children in Conflict with the +aw& # Children in conflict with the law whose cases ha%e been dis6issed by the proper court because of good beha%ior as per reco66endation of the 2!32 social wor8er and>or any accredited './ youth rehabilitation center shall be pro%ided after#care ser%ices by the local social welfare and de%elop6ent officer for a period of at least si= :6; 6onths& The ser%ice includes counseling and other co66unity#based ser%ices designed to facilitate social reintegration, pre%ent re#offending and 6a8e the children producti%e 6e6bers of the co66unity&

T,T+* 0,, .*'*RA+ PR/0,!,/'! C-APT*R 1 *I* PT,'. PR/0,!,/'! !*C& DE& !tatus /ffenees& # Any conduct not considered an offense or not penali<ed if co66itted by an adult shall not be considered an offense and shall not be punished if co66itted by a child& !*C& DA& /ffenses 'ot Applicable to Children& # Persons below eighteen :1A; years of age shall be e=e6pt fro6 prosecution for the cri6e of %agrancy and prostitution under !ection 202 of the Re%ised Penal Code, of 6endicancy under Presidential 2ecree 'o& 1D63, and sniffing of rugby under Presidential 2ecree 'o& 161(, such prosecution being inconsistent with the 1nited 'ations Con%ention on the Rights of the Child7 Pro%ided, That said persons shall undergo appropriate counseling and treat6ent progra6& !*C& D(& *=e6ption fro6 the Application of 2eath Penalty& # The pro%isions of the Re%ised Penal Code, as a6ended, Republic Act 'o& (16D, otherwise 8nown as the Co6prehensi%e 2angerous 2rugs Act of 2002, and other special laws notwithstanding, no death penalty shall be i6posed upon children in conflict with the law& C-APT*R 2 PR/-,",T*2 ACT! !*C& 60& Prohibition Against +abeling and !ha6ing& # ,n the conduct of the proceedings beginning fro6 the initial contact with the child, the co6petent authorities 6ust refrain fro6 branding or labeling children as young cri6inals, ?u%enile delinCuents, prostitutes or attaching to the6 in any 6anner any other derogatory na6es& +i8ewise, no discri6inatory re6ar8s and practices shall be allowed particularly with respect to the child@s class or ethnic origin& !*C& 61& /ther Prohibited Acts& # The following and any other si6ilar acts shall be considered pre?udicial and detri6ental to the psychological, e6otional, social, spiritual, 6oral and physical health and well#being of the child in conflict with the law and therefore, prohibited7

:a; *6ploy6ent of threats of whate%er 8ind and natureB :b; *6ploy6ent of abusi%e, coerci%e and puniti%e 6easures such as cursing, beating, stripping, and solitary confine6entB :c; *6ploy6ent of degrading, inhu6an end cruel for6s of punish6ent such as sha%ing the heads, pouring irritating, corrosi%e or har6ful substances o%er the body of the child in conflict with the law, or forcing hi6>her to wal8 around the co66unity wearing signs which e6barrass, hu6iliate, and degrade his>her personality and dignityB and :d; Co6pelling the child to perfor6 in%oluntary ser%itude in any and all for6s under any and all instances& C-APT*R 3 P*'A+ PR/0,!,/' !*C& 62& 0iolation of the Pro%isions of this Act or Rules or Regulations in .eneral& # Any person who %iolates any pro%ision of this Act or any rule or regulation pro6ulgated in accordance thereof shall, upon con%iction for each act or o6ission, be punished by a fine of not less than Twenty thousand pesos :P20,000&00; but not 6ore than 4ifty thousand pesos :PD0,000&00; or suffer i6prison6ent of not less than eight :A; years but not 6ore than ten :10; years, or both such fine and i6prison6ent at the discretion of the court, unless a higher penalty is pro%ided for in the Re%ised Penal Code or special laws& ,f the offender is a public officer or e6ployee, he>she shall, in addition to such fine and>or i6prison6ent, be held ad6inistrati%ely liable and shall suffer the penalty of perpetual absolute disCualification& C-APT*R ) APPR/PR,AT,/' PR/0,!,/' !*C& 63& Appropriations& # The a6ount necessary to carry out the initial i6ple6entation of this Act shall be charged to the /ffice of the President& Thereafter, such su6s as 6ay be necessary for the continued i6ple6entation of this Act shall be included in the succeeding .eneral Appropriations Act& An initial a6ount of 4ifty 6illion pesos :PD0,000,000&00; for the purpose of setting up the $$3C shall be ta8en fro6 the proceeds of the Philippine Charity !weepsta8es /ffice&

T,T+* 0,,, TRA'!,T/R5 PR/0,!,/'! !*C& 6)& Children in Conflict with the +aw 4ifteen :1D; 5ears /ld and "elow& # 1pon effecti%ity of this Act, cases of children fifteen :1D; years old and below at the ti6e of the co66ission of the cri6e shall i66ediately be dis6issed and the child shall be referred to the appropriate local social welfare and de%elop6ent officer& !uch officer, upon thorough assess6ent of the child, shall deter6ine whether to release the child to the custody of his>her parents, or refer the child to pre%ention progra6s as pro%ided under this Act& Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall li8ewise be released, unless it is contrary to the best interest of the child& !*C& 6D& Children 2etained Pending 2ial& # ,f the child is detained pending trial, the 4a6ily Court shall also deter6ine whether or not continued detention is necessary and, if not, deter6ine appropriate alternati%es for detention&

,f detention is necessary and he>she is detained with adults, the court shall i66ediately order the transfer of the child to a youth detention ho6e& !*C& 66& ,n%entory of 9+oc8ed#up9 and 2etained Children in Conflict with the +aw& # The P'P, the "$ P and the "1C/R are hereby directed to sub6it to the $$3C, within ninety :(0; days fro6 the effecti%ity of this Act, an in%entory of all children in conflict with the law under their custody& !*C& 6E& Children 3ho Reach the Age of *ighteen :1A; 5ears Pending 2i%ersion and Court Proceedings& # ,f a child reaches the age of eighteen :1A; years pending di%ersion and court proceedings, the appropriate di%ersion authority in consultation with the local social welfare and de%elop6ent officer or the 4a6ily Court in consultation with the !ocial !er%ices and Counseling 2i%ision :!!C2; of the !upre6e Court, as the case 6ay be, shall deter6ine the appropriate disposition& ,n case the appropriate court e=ecutes the ?udg6ent of con%iction, and unless the child in conflict the law has already a%ailed of probation under Presidential 2ecree 'o& 603 or other si6ilar laws, the child 6ay apply for probation if Cualified under the pro%isions of the Probation +aw& !*C& 6A& Children 3ho -a%e "een Con%icted and are !er%ing !entence& # Persons who ha%e been con%icted and are ser%ing sentence at the ti6e of the effecti%ity of this Act, and who were below the age of eighteen :1A; years at the ti6e the co66ission of the offense for which they were con%icted and are ser%ing sentence, shall li8ewise benefit fro6 the retroacti%e application of this Act& They shall be entitled to appropriate dispositions pro%ided under this Act and their sentences shall be ad?usted accordingly& They shall be i66ediately released if they are so Cualified under this Act or other applicable law&

T,T+* ,I 4,'A+ PR/0,!,/'! !*C& 6(& Rule a8ing Power& # The $$3C shall issue the ,RRs for the i6ple6entation of the pro%isions of this act within ninety :(0; days fro6 the effecti%ity thereof& !*C& E0& !eparability Clause& # ,f, for any reason, any section or pro%ision of this Act is declared unconstitutional or in%alid by the !upre6e Court, the other sections or pro%isions hereof not dfected by such declaration shall re6ain in force and effect& !*C& E1& Repealing Clause& # All e=isting laws, orders, decrees, rules and regulations or parts thereof inconsistent with the pro%isions of this Act are hereby repealed or 6odified accordingly& !*C& E2& *ffecti%ity& # This Act shall ta8e effect after fifteen :1D; days fro6 its publication in at least two :2; national newspapers of general circulation&

Appro%ed,

4RA'H+,' 2R,+/' President of the !enate

$/!* 2* 0*'*C,A $R& !pea8er of the -ouse of Representati%es

This Act which is a consolidation of !enate "ill 'o& 1)02 and -ouse "ill 'o& D06D was finally passed by the

!enate and the -ouse of Representati%es on

arch 22, 2006&

/!CAR .& 5A"*! !ecretary of !enate

R/"*RT/ P& 'AJAR*'/ !ecretary .eneral -ouse of Represenati%es

Appro%ed7 April 2A, 2006 .+/R,A ACAPA.A+#ARR/5/ President of the Philippines

The +awphil Pro?ect # Arellano +aw 4oundation