THE JUVENILE JUSTIC AND WELFARE ACT OF 2006 e.

Economic, or
(RA 9344) f. Any other means, and
Approved on: April 28, 2006 The parents or guardian
Took effect on: May 20, 2006 a. Refuse,
b. Are unwilling, or
Atty. Frias: favorite ko ‘to. (So high possibility of being included in the exams) c. Unable to provide protection for the child
(2) Being exploited sexually or economically
What stages does it cover? (P-R-R) (3) Being abandoned or neglected, and
 Prevention After diligent search and inquiry,
 Rehabilitation The parent or guardian cannot be found
 Reintegration (4) Coming from a dysfunctional or broken family or without a parent or
guardian
How must it be construed? (5) Being out of school
Liberally in favor of the child in conflict with the law (CICL) (6) Being a streetchild
(7) Being a member of a gang
What is ‘bail’? (8) Living in a community with a high level of criminality or drug abuse; and
The security given for the release of the person in custody of the law, furnished (9) Living in situations of armed conflict
by him/her or a bondsman, to guarantee his/her appearance before the court.
It may be in the form of: What is a ‘child in conflict with the law’?
 Corporate security A child who is: (A-A-A)
 Property bond  Alleged as
 Cash deposit  Accused of, or
 Recognizance  Adjudged as
Having committed an offense under Philippine laws.
What is the ‘best interest of the child’?
It refers to the totality of the circumstances and conditions which What is ‘court’?
Are most congenital to the: (S-P-F) A family court, or if there are no family courts, any regional trial court.
 Survival
 Protection, and What is ‘diversion’?
 Feelings of security of the child, and An alternative, child-appropriate process of
Most encouraging to the child’s: (P-P-E) Determining the responsibility and treatment of a CICL on the basis of:
 Physical  His social,
 Psychological, and  Cultural,
 Emotional development.  Economic,
It also means the least detrimental available alternative for safeguarding the  Psychological, or
growth and development of the child.  Educational background
Without resorting to formal court proceedings.
What is a ‘child’?
A person under the age of 18 years. What is a ‘diversion program’?
The program that the CICL is required to undergo after he is found responsible
What is a ‘child at risk’? for an offense without resorting to formal court proceedings.
A child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family, and social circumstances.

What are these circumstances?

(1) Being abused by any person through:
a. Sexual What is ‘intervention’?
b. Physical A series of activities which are designed to address issues that caused the
c. Psychological child to commit an offense. It may include:
d. Mental
Ramos, mary louise m.
1-A criminal law 2016 Atty. frias
  Counseling, After initial investigation, the local social worker conducting the same may do
 Skills training, either of the following:
 Education, and (1) Proceed in accordance with Section 20 if the child is below 18 years old
 Other activities that will enhance his/her psychological, emotional, and who acts without discernment; and
psycho-social well-being. (2) If the child is above 15 but below 18 and acted with discernment,
proceed to diversion

DIVERSION

What are the conditions provided for a CICL to undergo diversion programs?

Crime Who will conduct What will they do

What is the ‘Juvenile Justice and Welfare System’? IMPOSABLE 1. Law 1. Mediation
A system dealing with children at risk and CICL which provides child- PENALTY: enforcement 2. Family conferencing and
appropriate proceedings, including programs and services for: not more than 6 officer OR conciliation, and
 Prevention, years Punong 3. Where appropriate, adopt
 Diversion, imprisonment Barangay, AND indigenous modes of conflict
 Rehabilitation, 2. Local social resolution in accordance with
 Re-integration, and welfare and the best interest of the child
 Aftercare development
To ensure their normal growth and development. officer OR The child and his family shall be
members of the present in these activities.
What is ‘recognizance’? LCPC
An undertaking in lieu of a bond assumed by a parent or custodian who shall be IMPOSABLE COURT Diversion measures
responsible for the appearance in court of the CICL when required. PENALTY:
exceeds 6 years
What is ‘Restorative Justice’? imprisonment
A principle which requires a process of resolving conflicts with the maximum Victimless crimes 1. Local social Meet with the child and his
involvement of the victim, the offender, and the community. It seeks to welfare and parents/guardians for the
obtain: (R-R-R) development development of the:
 Reparation for the victim officer, AND 1. Appropriate diversion, and
 Reconciliation of the: 2. BCPC 2. Rehabilitation program
o Offender
o Offended Where may diversion be conducted?
o Community 1. Katarungang Pambarangay
 Reassurance to the offender that he/she can be reintegrated into 2. Police investigation or the inquest or preliminary investigation
society At ALL levels and phases of the proceedings including judicial level.

What are ‘victimless crimes’? Contract of diversion

Offenses where there is no private offended party. If during the:
 Conferencing
A child deprived of liberty shall be separated from adult offenders at all times. No  Mediation, or
child shall be detained together with adult offenders.  Conciliation
In general, a CICL has the right to automatic suspension of sentence. He has a The child VOLUNTARILY ADMITS the commission of the act,
right to be free from liability from: A diversion program shall be developed when appropriate and desirable as
 Perjury determined under Section 30.
 Concealment, or
 Misrepresentation. Then what?
A child below 18 shall be exempt from criminal liability but not civil liability. The local social welfare and development officer shall supervise the implement of
the diversion program.

Ramos, mary louise m.

1-A criminal law 2016 Atty. frias
The diversion proceedings shall be completed WITHIN 45 DAYS. 8. Community service
The period of prescription of the offense shall be suspended until the 9. Participation in education, vocation, and life skills
completion of the diversion proceedings but not to exceed 45 days. programs
At the level of 1. All programs at the level of the Punong Barangay
How often should the child present himself to the competent authorities while the law 2. Confiscation and forfeiture of the proceeds of
undergoing the diversion proceedings? enforcement instruments of the crime
At least once a month for reporting and evaluation of the effectiveness of the officer and the
program. prosecutor
At the level of 1. All programs mentioned at the levels of the Punong
What if the CICL failed to comply with the terms and conditions of the contract of the appropriate Barangay and LEO/Prosecutor
diversion? court 2. Written or oral reprimand or citation
Give the offended party the option to institute the appropriate legal action. 3. Fine
4. Payment of the cost of the proceedings, or
The period of prescription of the offense shall be suspended during the effectivity 5. Institutional care and custody
of the diversion program, but not to exceed a period of 2 years.
When shall the prosecutor conduct a preliminary investigation?
What are the factors in determining diversion program? 1. When the CICL does not qualify for diversion
1. Nature and circumstances of the offense charged 2. When the child, his parents or guardian does not agree to diversion
2. Frequency and severity of the act 3. When considering the assessment and recommendation of the social
3. Circumstances of the child (age, maturity, intelligence) worker, the prosecutor determines that diversion is not appropriate for
4. Influence of the family and environment on the growth of the child the CICL
5. Reparation of injury to the victim Upon determination of probable cause by the prosecution, the information
6. Weight of evidence against the child against the child shall be filed before the Family Court within 45 days from the
7. Safety of the community, and start of the preliminary investigation.
8. Best interest of the child
NOTE ON BAIL: the privileged mitigating circumstance of minority shall be
What are the factors to be considered in formulating a diversion program for the considered.
child? (F-A-V-A)
1. The child’s feelings of remorse for the offense he committed Release on recognizance
2. Parents’ or legal guardians’ ability to guide and supervise the child The court shall order:
3. Victim’s view about the propriety of the measures to be imposed 1. The release of the minor on recognizance to his parents and other
4. Availability of community based programs for rehabilitation and suitable person
integration of the child 2. The release of the CICL on bail
3. The transfer of the minor to a youth detention home/youth rehabilitation
The community-based programs on JJW shall consist of three levels: center
In the absence of such: DSWD or local rehabilitation center
PRIMARY Measures to promote social justice and equal opportunity, The court shall not order the detention of the child in a jail pending trial or
which tackle perceived root causes of offending hearing.
SECONDARY Measures to assist child at risk
TERTIARY Measures to avoid unnecessary contact with the formal RULE: A CICL may be detained only as a measure of last resort AND for the
justice system and other measures to prevent re-offending shortest possible period of time.

Kinds of Diversion Programs Automatic suspension of sentence

At the level of 1. Restitution of property
the Punong 2. Reparation of the damage caused
Barangay 3. Indemnification for consequential damages
4. Written or oral apology
5. Care, guidance and supervision orders
6. Counseling for the CICL and his family
7. Attendance in trainings, seminars, lectures
1. After the child is found guilty  determine and ascertain any civil liability
2. Instead of pronouncing judgment  place the CICL under suspended
sentence without need of application
3. Suspension of suspension of sentence shall still be applied even if the
juvenile is already 18 years old or more at the time of the
pronouncement of his guilty

Ramos, mary louise m.

1-A criminal law 2016 Atty. frias
 4. Upon suspension of sentence  impose appropriate disposition
measures as provided in the SC Rule on Juveniles in CL

Effects of Disposition Measures

If objectives have 1. The court shall DISMISS the case upon

been FULFILLED recommendation of the social worker
2. Dismissal shall not affect the civil liability
If objectives have
NOT BEEN The child shall be brought before the court for
FULFILLED or, execution of judgment
If the CICL
WILFULLY FAILED
to comply with the
conditions
If CICL has reached 1. The court shall DETERMINE whether to
18 years while under discharge the child, OR
suspended sentence 2. Order execution of sentence, OR
(D-O-E) 3. Extend the suspend sentence for a certain
specified period or until the child reaches the
maximum age of 21 years old

After conviction and upon application, the CICL may be on probation in lieu of
service taking into account the best interest of the child.

(Inaantok na ko)

No child shall be received in any rehabilitation or training facility without a court

order after a hearing for the purpose. (Hearing + court order = rehab!)

This law may be applied RETROACTIVELY.

Ramos, mary louise m.

1-A criminal law 2016 Atty. frias