Humanitarian Legal Assistance Foundation

UNIT 2209 MEDICAL PLAZA ORTIGAS

25 SAN MIGUEL AVE., ORTIGAS CENTER
1605 PASIG CITY, PHILIPPINES

WEBSITE:
http://hlafphil.org

TELEFAX:
(63 2) 634-8720

EMAIL:
half@hlafphil.org
A CASE FLOW GUIDE IN IMPLEMENTING THE
JUVENILE JUSTICE AND
WELFARE ACT OF 2006
(R.A. 9344)
INSTRUCTIONS FOR USE
1. The guide only reflects the general flow of the case. Specific details which are
required by the law to be followed are not included.
2. The guide is color coded for easier reference.
3. This case flow is still in the process of being improved. Please let us know if
you find mistakes within the flow.
This box indicates options or decisions
Broken Lines indicate that the agency or actor is not directly in-
volved with the process it signifies coordination, supervision etc...
This color indicates that the process takes place within the Baran-
gay Level
This color indicates that the process takes place within the
Police Level
This color indicates that the process takes place within the
LSWD Level
This color indicates that the process takes place within the
Prosecution Level
This means that the next process is in page 3 and numbered 3A
Blue Arrow is the flow of the case of 15 and below
Red Arrow is the flow of the case of more than 15 but below 18
3A
LSWD LSWD ENFORCEMENT
Iyok 2006 Humanitarian Legal Assistance Foundation
2
crime
Private person apprehends
Refers case to police
Police Apprehends
Identify himself
Notify parents/LSWD
w/n 8hrs
Prepare Case Study Report
If 15 and below Explain to child
1. reason for arrest
2. Nature of offense
3. Constitutional rights
Medical Exam
Determine Age
3A
4B 4C
If more than 15;
Below 18
LSWD LSWD ENFORCEMENT
Iyok 2006 Humanitarian Legal Assistance Foundation
3
3A
Determine Age
Requirements in Rule 30
Seek help from BCPC
To determine age
Seek help from LSWD
To determine age
Complainant may file a sum-
mary proceedings to contest
AGE
More than 15
Below 18
15 and below
Determination of Age within
24 hrs.
Turnover custody to parents/
guardians, etc.
Turnover custody to LSWD
Police investigates LSWD explains to child and
parents the consequences
of his acts
Signing of state-
ments
Parents witnesses signing of
statements
LSWD witnesses signing of
statement
PAO/Lawyer witnesses
4A
LSWD LSWD ENFORCEMENT
Iyok 2006 Humanitarian Legal Assistance Foundation
4
4A
Signing of state-
ments
Police refers to LSWD for
assessment of presence of
discernment
LSWD assesses if there is
discernment or not
(Rule 34c)
Prepares report with basis
Police prepares
initial investigation
report
4C
4B
CICL in danger?
Parents
disagree
Parents agree
voluntary commitment
LSWD petitions for involun-
tary commitment
With discernment Without discern-
ment
Determine appro-
priate intervention
programs
5A
Penalty more than
6 yrs.
Penalty not more
than 6 yrs
Case referred to Prosecutor
Diversion Proceedings 5B
involuntary commitment
LSWD LSWD
Iyok 2006 Humanitarian Legal Assistance Foundation
5
5A
Determine appro-
priate intervention
programs
Diversion Proceedings
5B
LSWD Monitors
FAILURE
PROGRAMS FOR VICTIM
With victim Victimless Crime
LSWDO meets with CICL/
Parents
BCPC Coordinates with
LSWD for formulation of DP
for victimless crimes
Diversion Program
Formulated
Compliance
Failure
LSWD Monitors
LSWD certifies to failure
Punong Brgy, assisted by
Lupon and BCPC conducts
Mediation
Family Conferencing
Indigenous Mode
Etc...
CICL/parents
disagrees
More than 6 yrs
CICL voluntarily ad-
mits / Parents agrees
Brgy formulates Diversion
Program/ contract of Div
Compliance Brgy Monitors
Failure
LSWD certifies to failure
POLICE
PROSECUTOR
Victim opts to file case
Brgy may refer to Police
Police conducts Mediation
Family Conferencing Indige-
nous Mode Etc...
More than 6 yrs/
CICL disagrees
CICL voluntarily ad-
mits / Parents agrees
Police formulates Diversion
Program/ contract of Div
Compliance
Failure
LSWD supervises
Compliance by
parents and CICL
involuntary commitment
LSWD Petitions for Involun-
tary commitment