Treatment of children below the age of criminal responsibility

Juvenile Justice and Welfare Act

SEC. 20. Children Below the Age of Criminal Responsibility

 If it has been determined that 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:
a) immediately release the child to the custody of his/her parents or guardian, or in the
absence thereof, the child's nearest relative.
b) Said authority shall give notice to the local social welfare and development officer who
will determine the appropriate programs in consultation with the child and to the person
having custody over the child.
 If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody,
the child may be released to any of the following:
a) a duly registered nongovernmental or religious organization;
b) a barangay official or a member of the Barangay Council for the Protection of Children
(BCPC);
c) a local social welfare and development officer;
d) or when and where appropriate, the DSWD.

According to the Rules and Regulations Implementing Republic Act No. 9344, Rule 31.b:

If parents, guardians or relatives are unable to take custody of the child due to mental or physical
incapacity or incarceration, the child shall be referred to alternative placement such as foster homes, in
addition to what has been provided in the Act.

Petition for involuntary commitment

 If the child referred to herein has been found by the Local Social Welfare and Development Office
to be abandoned, neglected or abused by his parents, or in the event that the parents will not
comply with the prevention program, the proper petition for involuntary commitment shall be filed
by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree
No. 603, otherwise, known as "The Child and Youth Welfare Code". (R.A. No. 9344)

 IRR, Rule 31.c. Duty of the local social worker

Immediately after being notified of the a pprehension of the child fifteen (15) years
old or below, the LSWDO shall:
(1) Prepare a case study report on the child; and
(2) Determine the appropriate intervention and prevention programs in consultation
with the child and the person having custody over the child.
The LSWDO shall also determine if the child is abandoned, neglected or abused by
his/her parents for purposes of filing a petition for involuntary commitment if
necessary.
If the safety of the child is in danger in view of the alleged commi ssion of the offense,
the LSWDO shall encourage the parent or guardian of the child to request for
temporary custody of the child to the DSWD or licensed and accredited NGOs.
In the event the parent or guardian does not agree to the request for temporary
custody of the child, the LSWDO shall carefully review the case of the child and file
a petition for involuntary commitment when sanctioned by law, in accordance with
P.D. 603 and the SC Rule on Commitment of Children.

Detention pending trial

Automatic suspension of sentence