RA 9344

[Juvenile Justice And Welfare Act Of 2006]

Judge Nimfa R. Cuesta-Vilches

RA : 9344 [ Juvenile Justice & Welfare Act of 2006, 20 May 2006 ]

Declaration Of State Policy : Law That Protects Best Interests Of Child / Right To Care, Special Protection / Rights Of CICL Under CRC / Applies The Principle Of Restorative Justice

Coverage Of The Law

Different Stages Involving Children At Risk [ Vulnerable To Committing Criminal Offenses Due To Personal, Family, Social Circumstances ] / CICL From Prevention To

Rehabilitation And Reintegration

Circumstances, Conditions Most Congenial To Survival, Protection, Feelings Of Security Of Child & Most Encouraging To Physical, Psychological, Emotional Development / Least Detrimental Available Alternative For Safeguarding Growth, Development

Best Interests - Totality Of

Victim [V], Offender [O], Community [C] / Reparation

For V / Reconciliation Of O- V-C / Reassurance To O Reintegrated Into Society / Public Safety By Activating O-V-C In Prevention Strategies

Resolving Conflicts With Maximum Involvement Of

Restorative Justice -

Torture, Capital Punishment, Unlawful Deprivation Of Liberty Detention Last Resort, Shortest Time / Humane Treatment / Separation From Adults / Access To Legal, Other Assistance / Bail, ROR / Testify / Privacy

Rights Of A Child : No

Diversion If Qualified / Minimum Restrictions On Liberty / Automatic Suspension Of Service Of Sentence / Probation, If Qualified / Exemption From Perjury / Other Rights Under Existing Laws / Adopted : Beijing Rules, Riyadh Guidelines, Rules On JDL

Rights/Protection Of Victims Participate In Formulation Of Diversion Contract, Program / Institute Action Against CICL For Failure To Comply With Conditions Of Diversion Contract / Enforce Civil Liability Of Child [ Restitution, Damages, Indemnification ] For Acts Of Children Exempt

Civil Action Arising From Offense Deemed Instituted With Criminal Action Unless Waived, Reserved / Judgment In Civil Action Absolving Defendant Not Bar To Criminal Action For Same Act [Sec. 12, RJCL; Rule 111, Revised Rule Of Criminal Procedure]

Who Is CHILD / CICL? Child Person Under

Child In Conflict With The Law [CICL] Child Who

The Age Of 18 Years

* Liberal Construction Of The Law In Favor Of CICL

Is Alleged, Accused Of Or Adjudged As Having Committed An Offense Under Philippines Laws

Age Of Criminal Liability / Exemptions : 1] 15 Years Of Age Or Younger At Time Of Commission Of Offense 2] Above 15 [ 15+1 Day ] But Below 18 Unless Acted With Discernment Preliminary Determination By LSWDO, Final By Court
*Given Intervention Programs *Presumption Of Minority

If Age Contested Court Decides Within 24 Hours 3] Status Offenses [Committed Due To Minority] Children Exempt From Liability For Vagrancy, Prostitution, Mendicancy, Sniffing Of Glue, Solvents 4] Children Exempt From Application Of Death Penalty

[ Repealed : By RA 9346 ]

Discernment
1] Preliminary Determination By LSWDO At Initial Investigation By Law Enforcement [ Social, Cultural,

Economic, Legal Status Of CICL : Developmental

Age / Educational Attainment / Quality Of Peer Group / Strengths And Weaknesses Of

Family / Parental Control Over CICL / Attitude Towards Offense / Harm, Damage Done To Others Out Of Offense / Record Of Prior Offenses ] 2] By Court : Discernment Means Mental Capacity To Understand Difference Between Right And Wrong And Its Consequences

[ Section 4, RJCL ]

Determination Of Age [ Presumption Of Minority / Has Rights Of CICL Until Proven 18 YO Or Older ] : Birth Certificate; Baptismal Certificate; Other Pertinent Document [School Records] In The Absence: Information From Child, Physical Appearance, Testimonies Of Other Persons Or Other Relevant Evidence

Children Who Are Below The Age Of Criminal Responsibility : Not Exempt From Civil Liability Which Is Borne By Parents / Child Released To Parents, But May Undergo Program Supervised By Social Worker [SW]

Treatment : Below 15 Taken Into , Authority With Initial Contact Must Immediately Release To Parents, BCPC , LSWDO With Notice To LSWDO To Determine Appropriate Programs With Child, Parents / If D-A-N, Not Comply With Prevention Involuntary Commitment

Initial Contact : Duties Of Law Enforcement Explain Apprehension / Constitutional Rights / Identify / Refrain From Harassing, Abusing / Avoid Firearms, Force, Restraint, Unless Absolutely Necessary / Refrain From Greater Restraint On Child Than What Is Necessary

Avoid Violence Or Unnecessary Force / Determine Age Of Child / Turn Over Child To Social Worker Within 8 Hours / Take Child To Medical Officer For Examination And Treatment / If Detention Is Necessary, Separate Child From Adult Detainees

Record : Use Of Handcuffs, Instruments Of Restraint / Notice To Parents, DSWD, PAO / Measures Taken To Determine Age / Ensure Statements Signed By Child Witnessed By Parents, Guardian, Social Worker, Or Legal Counsel / Search On Child Conducted By Officer Of Same Gender

Diversion : Alternative Child Appropriate Process To Determine Responsibility Based On Social, Economic, Cultural Background Without Formal Court Proceedings If Child Not Exempt From Liability / Penalty Not > 6 Years Imprisonment / Not > 12 Years Imprisonment, COURT Can Order Diversion

Diversion Is Available At Level Of : Barangay, Police, Prosecutor, Courts / Mechanism / Forms Are : Conferencing, Mediation, Conciliation / Contract Of Diversion, With Program Supervised By Local Social Worker / Failure To Comply With Program Gives Victim Option To Institute Action

Prescription Period Suspended : Prescription Of Offense Suspended For 45 Days During Diversion [ Penalty For Light Offenses 2 Months / < 6 Years : 1-5 Years / >6 <12 Years : 10 Years ] / Also Suspended During Period Of Diversion, But

Not To Exceed 2 Years

When There Is No Diversion [Not Covered- High Penalty/ Child, Parents No Consent] Punong Barangay / Law Enforcement Officer Within 3 Days Forward Case To Prosecutor , Municipal Judge For Preliminary Investigation [PI], Transmittal Displays CHILD

Diversion Programs
Restitution, Reparation, Indemnification / Apology / Care, Guidance, Supervision / Counseling / Attendance In Trainings, Seminars / Education, Vocational, Life Skills Training / Community Service / Institutional Care [In Court-Ordered Diversion ]

Prosecution
Specially Trained For Inquest, Preliminary Investigation / Prosecution / Notify PAO / Clarificatory Questions Necessary, Apply SC RECW [Sec. 13, RJCL] / Determine If CICL Remains In Custody And Probable Cause - File Information With FC Within 45 Days From Start Of PI

Preliminary Investigation:
Prosecutor Investigates Torture, ILL -Treatment Preliminary Investigation Conducted : If Child Does Not Qualify For Diversion [D] / Child, Parents Do Not Agree To D / Prosecutor Determines D Not Appropriate Considering Assessment, Recommendation Of SW

Court Proceedings
Apply Privileged Mitigating Circumstance Of Minority To Fix, Reduce Bail / If Child Detained : ROR, Bail, Transfer To Youth Home, Rehabilitation Center / Institutionalization Last Resort, For Shortest Period / No Detention Of Child In Jail Pending Trial

All Stages [ Robbery, Theft, Section 12 (Possession Of Paraphernalia), Section 15 (Use), RA 9165 ] / Additional Programs Reprimand, Citation, Fine, Costs Of Proceedings, Institutional Care, Custody

Diversion At Court Level : At

When CICL Found Guilty : Determine Civil Liability, Instead Of Pronouncing Judgment Of Conviction, Automatic Suspended Sentence / Full Credit Of Time In Detention, Actual Confinement / Other Disposition Measures Under Rule On Juveniles

Disposition Measures [RJCL]:

In Conflict With Law [RJCL] Suspended Sentence Applicable Even If Already 18 YO, More At Time Of Pronouncement Of Guilt

1] Care, Guidance, Supervision, 2] Community Service Orders, 3] Drug And Alcohol Treatment, 4] Group Counseling,

5] Commitment To Youth Rehabilitation Center Suspended Sentence : Holding In Abeyance Of Service Of Sentence For CICL To Undergo Rehabilitation [ Section 4, RJCL ] Article 68, [2] RPC : Impose Upon Person Over 15 And Under 18, Penalty Next

Lower Than Prescribed But In Proper Period / Under RA 9165, Penalty On Minor For Acts Punishable By Life Imprisonment To Death Shall Be Reclusion Perpetua To Death

Promulgation Of Judgment : CICL Guilty, With Penalty, Civil Liability By Reading In Presence Of CICL Or Counsel [Sec. 31, RJCL ; * Credit In Service Of Sentence : Preventive Imprisonment - Any Form Of Restraint As Community Service, Rehabilitation

Sec. 6, Rule 120, RRCP]

[Sec. 35, RJCL]

Discharge : On Recommendation
Of SW With Custody Of Child, Court Dismisses Case, Orders Final Discharge Of CICL If Objectives Of Disposition Measures Fulfilled / Discharge Not Affect Civil Liability Enforced In Accordance With Law

Confidentiality Of Records, Proceedings : Non Disclosure Of Records To Media / Separate Police Blotter / Coding To Conceal Identity / Non - Use Of Records In Other Proceedings Except Beneficial To CICL With Written Consent / No Liability Of Child For Perjury Not Disclosing Being CICL

Return To Court For Execution Of Judgment :

For Failure To Comply With Disposition, Rehabilitation Conditions

Court Orders Discharge, Execute Sentence, Extend Rehabilitation Until Maximum Of 21 Years

CICL Reached 18 Under Suspended Sentence:

Prohibited Acts
Branding, Labeling / Discriminatory Remarks / Threats / Abusive, Coercive, Punitive Measures / Degrading, Inhuman, Cruel Forms Of Punishment / Compelling Child To Perform Involuntary Servitude

Penalties Under RA 9344 Fine Of P20,000 - P50,000 / Imprisonment Of 8 - 10 Years / Both / Perpetual Absolute Disqualification, If Involving A Public Officer Or Employee [ Adults Who

Use Minors To Beg, As Drug Couriers, In Illegal Acts : Liable Under Sec. 10 (E) RA 7610, Reclusion Perpetua ]

[ RA 9165 - Drug Pushers Using

Minors As Runners, Couriers, Messengers Of Dangerous Drugs [Life Imprisonment Death, Fine P500T - P10M], Controlled Precursors, Chemicals [12 Years, 1 Day 20 Years, Fine P100T - P500T ]

Transitory Provisions Retroactive Application For Those < 18 At Commission

Of The Offense 1] CICL 15 YO , Below : Dismissed, Referred To LSWDO Who Either Releases CICL To Parents Or For Prevention Programs

If Convicted But With Sentence Suspended And Undergoing Rehabilitation :

Best Interests Of Child 2] Child Reaching 18 Pending D And Court Proceedings : D Authority Consults LSWDO Or SCCD For Appropriate Disposition / But If Court Executes Judgment, Child Can Avail Of Probation Unless Child Has Availed Already

Released Unless Not To

3] Children Convicted And Serving Sentence At Effectivity Of RA 9344 But Below 18 YO At Time Of Commission Of Offense : Benefit From Retroactive Application / Appropriate Dispositions / Sentences Adjusted / Released If Qualified Under RA 9344

Emerging Issues :
1. Dealing With Private Complainants 2. Admission By CICL As Condition For Diversion 3. Civil Liability : Runs Counter To Presumption Of Innocence? 4. Retroactive Effect Of Law

In Relation To Complaint And Information That Have No Allegation Of Discernment Amendment And Re - Arraignment Still Proper, Timely ? 5. Conspiracy Where Majority Of Those Charged Are Minors Under 17 Years Old : Dismissed As

To Minors Under 15 Years Old, Adult Accused Remaining FC Has Jurisdiction, But What About Proof Of Conspiracy? 6. Suspended Sentence: Including Penalties Of Life Imprisonment

[Declarador vs. Hon. Gubaton, G.R. 159208, 18 August 2006]

7. Applying Privileged Mitigating Circumstance Of Minority In Special Laws/Indivisible Penalty

/ Reclusion Perpetua / Death?

If We Give Respect To Our Children, When They Grow Up, They Will Respect Each Other!