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Irvin Martinico 1576-17

Republic Act No. 9344 is also known as the Juvenile Justice


and Welfare Act of 2006. This Act covers children at risk and
children in conflict with the law from prevention to rehabilitation and
reintegration.

Ages below 18 years old are covered and protected with this
Act. At the time of the commission of the crime if the child is 15 years
old but below 18 years old are exempted from criminal liability.
However, they will be subjected to the different programs. If the child
acted with discernment at the commission of the crime shall undergo
diversion program.

The diversion program shall include adequate socio-cultural


and psychological responses and services for the child. Such
decision whether or not the child will undergo such program shall be
determined by the court. No child shall be received to any
rehabilitation or training facility without a valid order issued by the
court. Suspension of sentence to the children who committed crimes
is applied too.

If it the child taken into custody is fifteen (15) years old or


below, the authority which will have an initial contact with the child
has the duty to immediately release the child to the custody of his/her
parents or guardian, or in the absence thereof, the childs nearest
relatives.

In case, the parents, guardians or nearest relatives cannot be


located, or if they refuse to take custody, the child may be released to
duly authorized organizations or religious organizations.

Children in conflict with the law (CICL), is defined as those who


are alleged as, accused of or adjudged as having committed an
offense. They enjoy all the rights if he or she proves his or her
minority. All should be resolved in favor of him or her. The child or
children should also be separated from adults and female children or
child should be given special attention with regard to their need and
problems.
Children in conflict with the law (CICL) is prohibited to be
branded or labeled as young criminals, juvenile delinquents,
prostitutes or attach to them any derogatory names in any manner.

Any person who violates this act will be fined for not less than
Twenty Thousand (20,000) but not more than Fifty Thousand (50,
000) or shall be imprisoned for not less than Eight (8) years but not
more than Ten (10) years. Additional fines or imprisonment if the
violator is a public officer, he or she will be administratively liable and
shall suffer the penalty of perpetual absolute disqualification.

The benefits of suspended sentence shall not apply to juvenile


in conflict with the law who has once enjoyed suspension of sentence
or to one who is convicted of an offence punishable by death,
reclusion perpetua of life imprisonment, or when at the time of
promulgation of judgment the juvenile is already 18 years of age or
over.

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