Republic of the Philippines Congress of the Philippines Metro Manila Thirteenth Congress Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand and five. Republic Act No. 9344 AN ACT ESTAB !S"!N# A C$%PRE"ENS!&E '(&EN! E '(ST!CE AN) *E +ARE S,STE%- CREAT!N# T"E '(&EN! E '(ST!CE AN) *E +ARE C$(NC! (N)ER T"E )EPART%ENT $+ '(ST!CE- APPR$PR!AT!N# +(N)S T"ERE+$R AN) +$R $T"ER P(RP$SES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: T!T E ! #$&ERN!N# PR!NC!P ES C"APTER . T!T E- P$ !C, AN) )E+!N!T!$N $+ TER%S Section .. Short Title and Scope. - This Act shall be known as the /'u0enile 'ustice and *elfare Act of 1223./ It shall cover the different stages involving children at risk and children in conflict with the law fro !revention to rehabilitation and reintegration. SEC. 1. Declaration of State Policy. - The following "tate !olicies shall be observed at all ti es:

#a$ The "tate recogni%es the vital role of children and youth in nation building and shall !ro ote and !rotect their !hysical, oral, s!iritual, intellectual and social well-being. It shall inculcate in the youth !atriotis and nationalis , and encourage their involve ent in !ublic and civic affairs. #b$ The "tate shall !rotect the best interests of the child through easures that will ensure the observance of international standards of child !rotection, es!ecially those to which the &hili!!ines is a !arty. &roceedings before any authority shall be conducted in the best interest of the child and in a anner which allows the child to !artici!ate and to e'!ress hi self(herself freely. The !artici!ation of children in the !rogra and !olicy for ulation and i !le entation related to )uvenile )ustice and welfare shall be ensured by the concerned govern ent agency. #c$ The "tate likewise recogni%es the right of children to assistance, including !ro!er care and nutrition, and s!ecial !rotection fro all for s of neglect, abuse, cruelty and e'!loitation, and other conditions !re)udicial to their develo! ent. #d$ &ursuant to Article *+ of the ,nited -ations .onvention on the /ights of the .hild, the "tate recogni%es the right of every child alleged as, accused of, ad)udged, or recogni%ed as having infringed the !enal law to be treated in a anner consistent with the !ro otion of the child0s sense of dignity and worth, taking into account the child0s age and desirability of !ro oting his(her reintegration. 1henever a!!ro!riate and desirable, the "tate shall ado!t easures for dealing with such children without resorting to )udicial !roceedings, !roviding that hu an rights and legal safeguards are fully res!ected. It shall ensure that children are dealt with in a anner a!!ro!riate to their well-being by !roviding for, a ong others, a variety of dis!osition easures such as care, guidance and su!ervision orders, counseling, !robation, foster care, education and

vocational training !rogra s and other alternatives to institutional care. #e$ The ad inistration of the )uvenile )ustice and welfare syste shall take into consideration the cultural and religious !ers!ectives of the 2ili!ino !eo!le, !articularly the indigenous !eo!les and the Musli s, consistent with the !rotection of the rights of children belonging to these co unities. #f$ The "tate shall a!!ly the !rinci!les of restorative )ustice in all its laws, !olicies and !rogra s a!!licable to children in conflict with the law. SEC. 3. Liberal Construction of this Act. - In case of doubt, the inter!retation of any of the !rovisions of this Act, including its i !le enting rules and regulations #I//s$, shall be construed liberally in favor of the child in conflict with the law. SEC. 4. Definition of Terms. - The following ter s as used in this Act shall be defined as follows: #a$ 3Bail3 refers to the security given for the release of the !erson in custody of the law, furnished by hi (her or a bonds an, to guarantee his(her a!!earance before any court. Bail ay be given in the for of cor!orate security, !ro!erty bond, cash de!osit, or recogni%ance. #b$ 3Best Interest of the .hild3 refers to the totality of the circu stances and conditions which are ost congenial to the survival, !rotection and feelings of security of the child and ost encouraging to the child0s !hysical, !sychological and e otional develo! ent. It also eans the least detri ental available alternative for safeguarding the growth and develo! ent of the child. #e$ 3.hild3 refers to a !erson under the age of eighteen #45$ years.

#d$ 3.hild at /isk3 refers to a child who is vulnerable to and at the risk of co itting cri inal offenses because of !ersonal, fa ily and social circu stances, such as, but not li ited to, the following: #4$ being abused by any !erson through se'ual, !hysical, !sychological, ental, econo ic or any other eans and the !arents or guardian refuse, are unwilling, or unable to !rovide !rotection for the child6 #7$ being e'!loited including se'ually or econo ically6 #8$ being abandoned or neglected, and after diligent search and in9uiry, the !arent or guardian cannot be found6 #*$ co ing fro a dysfunctional or broken fa ily or without a !arent or guardian6 #:$ being out of school6 #;$ being a streetchild6 #<$ being a e ber of a gang6 unity with a high level of cri inality or

#5$ living in a co drug abuse6 and

#=$ living in situations of ar ed conflict. #e$ 3.hild in .onflict with the >aw3 refers to a child who is alleged as, accused of, or ad)udged as, having co itted an offense under &hili!!ine laws. #f$ 3.o unity-based &rogra s3 refers to the !rogra s !rovided in a co unity setting develo!ed for !ur!oses of intervention and diversion, as well as rehabilitation of the child

in conflict with the law, for reintegration into his(her fa ily and(or co unity. #g$ 3.ourt3 refers to a fa ily court or, in !laces where there are no fa ily courts, any regional trial court. #h$ 3?e!rivation of >iberty3 refers to any for of detention or i !rison ent, or to the !lace ent of a child in conflict with the law in a !ublic or !rivate custodial setting, fro which the child in conflict with the law is not !er itted to leave at will by order of any )udicial or ad inistrative authority. #i$ 3?iversion3 refers to an alternative, child-a!!ro!riate !rocess of deter ining the res!onsibility and treat ent of a child in conflict with the law on the basis of his(her social, cultural, econo ic, !sychological or educational background without resorting to for al court !roceedings. #)$ 3?iversion &rogra 3 refers to the !rogra that the child in conflict with the law is re9uired to undergo after he(she is found res!onsible for an offense without resorting to for al court !roceedings. #k$ 3Initial .ontact 1ith-the .hild3 refers to the a!!rehension or taking into custody of a child in conflict with the law by law enforce ent officers or !rivate citi%ens. It includes the ti e when the child alleged to be in conflict with the law receives a sub!oena under "ection 8#b$ of /ule 447 of the /evised /ules of .ri inal &rocedure or su ons under "ection ;#a$ or "ection =#b$ of the sa e /ule in cases that do not re9uire !reli inary investigation or where there is no necessity to !lace the child alleged to be in conflict with the law under i ediate custody. #I$ 3Intervention3 refers to a series of activities which are designed to address issues that caused the child to co it an offense. It ay take the for of an individuali%ed treat ent

!rogra which ay include counseling, skills training, education, and other activities that will enhance his(her !sychological, e otional and !sycho-social well-being. # $ 3Juvenile Justice and 1elfare "yste 3 refers to a syste dealing with children at risk and children in conflict with the law, which !rovides child-a!!ro!riate !roceedings, including !rogra s and services for !revention, diversion, rehabilitation, re-integration and aftercare to ensure their nor al growth and develo! ent. #n$ 3>aw @nforce ent Afficer3 refers to the !erson in authority or his(her agent as defined in Article 4:7 of the /evised &enal .ode, including a barangay tanod. #+$ 3Affense3 refers to any act or o ission whether !unishable under s!ecial laws or the /evised &enal .ode, as a ended. #!$ 3/ecogni%ance3 refers to an undertaking in lieu of a bond assu ed by a !arent or custodian who shall be res!onsible for the a!!earance in court of the child in conflict with the law, when re9uired. #9$ 3/estorative Justice3 refers to a !rinci!le which re9uires a !rocess of resolving conflicts with the a'i u involve ent of the victi , the offender and the co unity. It seeks to obtain re!aration for the victi 6 reconciliation of the offender, the offended and the co unity6 and reassurance to the offender that he(she can be reintegrated into society. It also enhances !ublic safety by activating the offender, the victi and the co unity in !revention strategies. #r$ 3"tatus Affenses3 refers to offenses which discri inate only against a child, while an adult does not suffer any !enalty for co itting si ilar acts. These shall include curfew violations6 truancy, !arental disobedience and the like.

#s$ 3Bouth ?etention Co e3 refers to a 7*-hour child-caring institution anaged by accredited local govern ent units #>D,s$ and licensed and(or accredited nongovern ent organi%ations #-DAs$ !roviding short-ter residential care for children in conflict with the law who are awaiting court dis!osition of their cases or transfer to other agencies or )urisdiction. #t$ 3Bouth /ehabilitation .enter3 refers to a 7*-hour residential care facility anaged by the ?e!art ent of "ocial 1elfare and ?evelo! ent #?"1?$, >D,s, licensed and(or accredited -DAs onitored by the ?"1?, which !rovides care, treat ent and rehabilitation services for children in conflict with the law. /ehabilitation services are !rovided under the guidance of a trained staff where residents are cared for under a structured thera!eutic environ ent with the end view of reintegrating the into their fa ilies and co unities as socially functioning individuals. &hysical obility of residents of said centers ay be restricted !ending court dis!osition of the charges against the . #u$ 3Eicti less .ri es3 refers to offenses where there is no !rivate offended !arty. C"APTER 1 PR!NC!P ES !N T"E A)%!N!STRAT!$N $+ '(&EN! E '(ST!CE AN) *E +ARE SEC. 4. Rights of the Child in Conflict with the Law. - @very child in conflict with the law shall have the following rights, including but not li ited to: #a$ the right not to be sub)ected to torture or other cruel, inhu an or degrading treat ent or !unish ent6

#b$ the right not to be i !osed a sentence of ca!ital !unish ent or life i !rison ent, without the !ossibility of release6 #c$ the right not to be de!rived, unlawfully or arbitrarily, of his(her liberty6 detention or i !rison ent being a dis!osition of last resort, and which shall be for the shortest a!!ro!riate !eriod of ti e6 #d$ the right to be treated with hu anity and res!ect, for the inherent dignity of the !erson, and in a anner which takes into account the needs of a !erson of his(her age. In !articular, a child de!rived of liberty shall be se!arated fro adult offenders at all ti es. -o child shall be detained together with adult offenders. Ce("he shall be conveyed se!arately to or fro court. Ce("he shall await hearing of his(her own case in a se!arate holding area. A child in conflict with the law shall have the right to aintain contact with his(her fa ily through corres!ondence and visits, save in e'ce!tional circu stances6 #e$ the right to !ro !t access to legal and other a!!ro!riate assistance, as well as the right to challenge the legality of the de!rivation of his(her liberty before a court or other co !etent, inde!endent and i !artial authority, and to a !ro !t decision on such action6 #f$ the right to bail and recogni%ance, in a!!ro!riate cases6 #g$ the right to testify as a witness in hid(her own behalf under the rule on e'a ination of a child witness6 #h$ the right to have his(her !rivacy res!ected fully at all stages of the !roceedings6 #i$ the right to diversion if he(she is 9ualified and voluntarily avails of the sa e6

#)$ the right to be i !osed a )udg ent in !ro!ortion to the gravity of the offense where his(her best interest, the rights of the victi and the needs of society are all taken into consideration by the court, under the !rinci!le of restorative )ustice6 #k$ the right to have restrictions on his(her !ersonal liberty li ited to the ini u , and where discretion is given by law to the )udge to deter ine whether to i !ose fine or i !rison ent, the i !osition of fine being !referred as the ore a!!ro!riate !enalty6 #I$ in general, the right to auto atic sus!ension of sentence6 # $ the right to !robation as an alternative to i !rison ent, if 9ualified under the &robation >aw6 #n$ the right to be free fro isre!resentation6 and liability for !er)ury, conceal ent or

#o$ other rights as !rovided for under e'isting laws, rules and regulations. The "tate further ado!ts the !rovisions of the ,nited -ations "tandard Mini u /ules for the Ad inistration of Juvenile Justice or 3Bei)ing /ules3, ,nited -ations Duidelines for the &revention of Juvenile ?elin9uency or the 3/iyadh Duidelines3, and the ,nited -ations /ules for the &rotection of Juveniles ?e!rived of >iberty. SEC. 3. Minimum Age of Criminal Responsibility. - A child fifteen #4:$ years of age or under at the ti e of the co ission of the offense shall be e'e !t fro cri inal liability. Cowever, the child shall be sub)ected to an intervention !rogra !ursuant to "ection 7+ of this Act. A child above fifteen #4:$ years but below eighteen #45$ years of age shall likewise be e'e !t fro cri inal liability and be sub)ected to an intervention !rogra , unless he(she has acted with

discern ent, in which case, such child shall be sub)ected to the a!!ro!riate !roceedings in accordance with this Act. The e'e !tion fro cri inal liability herein established does not include e'e !tion fro civil liability, which shall be enforced in accordance with e'isting laws. SEC. 5. Determination ofAge. - The child in conflict with the law shall en)oy the !resu !tion of inority. Ce("he shall en)oy all the rights of a child in conflict with the law until he(she is !roven to be eighteen #45$ years old or older. The age of a child ay be deter ined fro the child0s birth certificate, ba!tis al certificate or any other !ertinent docu ents. In the absence of these docu ents, age ay be based on infor ation fro the child hi self(herself, testi onies of other !ersons, the !hysical a!!earance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his(her favor. Any !erson contesting the age of the child in conflict with the law !rior to the filing of the infor ation in any a!!ro!riate court ay file a case in a su ary !roceeding for the deter ination of age before the 2a ily .ourt which shall decide the case within twenty-four #7*$ hours fro recei!t of the a!!ro!riate !leadings of all interested !arties. If a case has been fiied against the child in conflict with the law and is !ending in the a!!ro!riate court, the !erson shall file a otion to deter ine the age of the child in the sa e court where the case is !ending. &ending hearing on the said otion, !roceedings on the ain case shall be sus!ended. In all !roceedings, law enforce ent officers, !rosecutors, )udges and other govern ent officials concerned shall e'ert all efforts at deter ining the age of the child in conflict with the law.

T!T E !! STR(CT(RES !N T"E A)%!N!STRAT!$N $+ '(&EN! E '(ST!CE AN) *E +ARE SEC. 6. u!enile ustice and "elfare Council # "C$. - A Juvenile Justice and 1elfare .ouncil #JJ1.$ is hereby created and attached to the ?e!art ent of Justice and !laced under its ad inistrative su!ervision. The JJ1. shall be chaired by an undersecretary of the ?e!art ent of "ocial 1elfare and ?evelo! ent. It shall ensure the effective i !le entation of this Act and coordination a ong the following agencies: #a$ .ouncil for the 1elfare of .hildren #.1.$6 #b$ ?e!art ent of @ducation #?e!@d$6 #c$ ?e!art ent of the Interior and >ocal Dovern ent #?I>D$6 #d$ &ublic Attorney0s Affice #&AA$6 #e$ Bureau of .orrections #B,.A/$6 #f$ &arole and &robation Ad inistration #&&A$ #g$ -ational Bureau of Investigation #-BI$6 #h$ &hili!!ine -ational &olice #&-&$6. #i$ Bureau of Jail Manage ent and &enology #BJM&$6 #i$ .o ission on Cu an /ights #.C/$6

#k$ Technical @ducation and "kills ?evelo! ent Authority #T@"?A$6 #l$ -ational Bouth .o ission #-B.$6 and

# $ Ather institutions focused on )uvenile )ustice and intervention !rogra s.

The JJ1. shall be co !osed of re!resentatives, whose ranks shall not be lower than director, to be designated by the concerned heads of the following de!art ents or agencies: #a$ ?e!art ent of Justice #?AJ$6 #b$ ?e!art ent of "ocial 1elfare and ?evelo! ent #?"1?$6 #c$ .ouncil for the 1elfare of .hildren #.1.$ #d$ ?e!art ent of @ducation #?e!@d$6 #e$ ?e!art ent of the Interior and >ocal Dovern ent #?I>D$ #f$ .o ission on Cu an /ights #.C/$6 ission #-B.$6 and

#g$ -ational Bouth .o

#h$ Two #7$ re!resentatives fro -DAs, one to be designated by the "ecretary of Justice and the other to be designated by the "ecretary of "ocial 1elfare and ?evelo! ent. The JJ1. shall convene within fifteen #4:$ days fro the effectivity of this Act. The "ecretary of Justice and the "ecretary of "ocial 1elfare and ?evelo! ent shall deter ine the organi%ational structure and staffing !attern of the JJ1.. The JJ1. shall coordinate with the Affice of the .ourt Ad inistrator and the &hili!!ine Judicial Acade y to ensure the reali%ation of its andate and the !ro!er discharge of its duties and functions, as herein !rovided. SEC. 9. Duties and %unctions of the "C. - The JJ1. shall have the following duties and functions: #a$ To oversee the i !le entation of this Act6 #b$ To advise the &resident on all to )uvenile )ustice and welfare6 atters and !olicies relating

#c$ To assist the concerned agencies in the review and redrafting of e'isting !olicies(regulations or in the for ulation of new ones in line with the !rovisions of this Act6 #d$ To !eriodically develo! a co !rehensive 8 to :-year national )uvenile intervention !rogra , with the !artici!ation of govern ent agencies concerned, -DAs and youth organi%ations6 #e$ To coordinate the i !le entation of the )uvenile intervention !rogra s and activities by national govern ent agencies and other activities which ay have an i !ortant bearing on the success of the entire national )uvenile intervention !rogra . All !rogra s relating to )uvenile )ustice and welfare shall be ado!ted in consultation with the JJ1.6 #f$ To for ulate and reco end !olicies and strategies in consultation with children for the !revention of )uvenile delin9uency and the ad inistration of )ustice, as well as for the treat ent and rehabilitation of the children in conflict with the law6 #g$ To collect relevant infor ation and conduct continuing research and su!!ort evaluations and studies on all atters relating to )uvenile )ustice and welfare, such as but not li ited to: #4$ the !erfor ance and results achieved by )uvenile intervention !rogra s and by activities of the local govern ent units and other govern ent agencies6 #7$ the !eriodic trends, !roble s and causes of )uvenile delin9uency and cri es6 and #8$ the !articular needs of children in conflict with the law in custody.

The data gathered shall be used by the JJ1. in the i !rove ent of the ad inistration of )uvenile )ustice and welfare syste . The JJ1. shall set u! a echanis to ensure that children are involved in research and !olicy develo! ent. #h$ Through duly designated !ersons and with the assistance of the agencies !rovided in the !receding section, to conduct regular ins!ections in detention and rehabilitation facilities and to undertake s!ot ins!ections on their own initiative in order to check co !liance with the standards !rovided herein and to ake the necessary reco endations to a!!ro!riate agencies6 #i$ To initiate and coordinate the conduct of trainings for the !ersonnel of the agencies involved in the ad inistration of the )uvenile )ustice and welfare syste and the )uvenile intervention !rogra 6 #)$ To sub it an annual re!ort to the &resident on the i !le entation of this Act6 and #k$ To !erfor such other functions as i !le ent the !rovisions of this Act. ay be necessary to

SEC. .2. Policies and Procedures on u!enile ustice and "elfare. - All govern ent agencies enu erated in "ection 5 shall, with the assistance of the JJ1. and within one #4$ year fro the effectivity of this Act, draft !olicies and !rocedures consistent with the standards set in the law. These !olicies and !rocedures shall be odified accordingly in consultation with the JJ1. u!on the co !letion of the national )uvenile intervention !rogra as !rovided under "ection = #d$. SEC. ... Child Rights Center #CRC$. - The e'isting .hild /ights .enter of the .o ission on Cu an /ights shall ensure that the

status, rights and interests of children are u!held in accordance with the .onstitution and international instru ents on hu an rights. The .C/ shall strengthen the onitoring of govern ent co !liance of all treaty obligations, including the ti ely and regular sub ission of re!orts before the treaty bodies, as well as the i !le entation and disse ination of reco endations and conclusions by govern ent agencies as well as -DAs and civil society.

T!T E !!! PRE&ENT!$N $+ '(&EN! E )E !N7(ENC, C"APTER . T"E R$ E $+ T"E )!++ERENT SECT$RS SEC. .1. The %amily. - The fa ily shall be res!onsible for the !ri ary nurturing and rearing of children which is critical in delin9uency !revention. As far as !racticable and in accordance with the !rocedures of this Act, a child in conflict with the law shall be aintained in his(her fa ily. SEC. .3. The &ducational System. - @ducational institutions shall work together with fa ilies, co unity organi%ations and agencies in the !revention of )uvenile delin9uency and in the rehabilitation and reintegration of child in conflict with the law. "chools shall !rovide ade9uate, necessary and individuali%ed educational sche es for children anifesting difficult behavior and children in conflict with the law. In cases where children in conflict with the law are taken into custody or detained in rehabilitation centers, they should be !rovided the o!!ortunity to continue learning under an alternative learning syste with basic literacy !rogra or nonfor al education accreditation e9uivalency syste . SEC. .4. The Role of the Mass Media. - The ass edia shall !lay an active role in the !ro otion of child rights, and delin9uency

!revention by relaying consistent essages through a balanced a!!roach. Media !ractitioners shall, therefore, have the duty to aintain the highest critical and !rofessional standards in re!orting and covering cases of children in conflict with the law. In all !ublicity concerning children, the best interest of the child should be the !ri ordial and !ara ount concern. Any undue, ina!!ro!riate and sensationali%ed !ublicity of any case involving a child in conflict with the law is hereby declared a violation of the child0s rights. SEC. .4. &stablishment and Strengthening of Local Councils for the Protection of Children. - >ocal .ouncils for the &rotection of .hildren #>.&.$ shall be established in all levels of local govern ent, and where they have already been established, they shall be strengthened within one #4$ year fro the effectivity of this Act. Me bershi! in the >.&. shall be chosen fro a ong the res!onsible e bers of the co unity, including a re!resentative fro the youth sector, as well as re!resentatives fro govern ent and !rivate agencies concerned with the welfare of children. The local council shall serve as the !ri ary agency to coordinate with and assist the >D, concerned for the ado!tion of a co !rehensive !lan on delin9uency !revention, and to oversee its !ro!er i !le entation. Ane !ercent #4F$ of the internal revenue allot ent of barangays, unici!alities and cities shall be allocated for the strengthening and i !le entation of the !rogra s of the >.&.: &rovided, That the disburse ent of the fund shall be ade by the >D, concerned. SEC. .3. Appointment of Local Social "elfare and De!elopment 'fficer. - All >D,s shall a!!oint a duly licensed social worker as its local social welfare and develo! ent officer tasked to assist children in conflict with the law. SEC. .5. The Sangguniang (abataan. - The "angguniang Gabataan #"G$ shall coordinate with the >.&. in the for ulation

and i !le entation of )uvenile intervention and diversion !rogra s in the co unity. C"APTER 1 C$%PRE"ENS!&E '(&EN! E !NTER&ENT!$N PR$#RA% SEC. .6. De!elopment of a Comprehensi!e u!enile )nter!ention Program. - A .o !rehensive )uvenile intervention !rogra covering at least a 8-year !eriod shall be instituted in >D,s fro the barangay to the !rovincial level. The >D,s shall set aside an a ount necessary to i !le ent their res!ective )uvenile intervention !rogra s in their annual budget. The >D,s, in coordination with the >.&., shall call on all sectors concerned, !articularly the child-focused institutions, -DAs, !eo!le0s organi%ations, educational institutions and govern ent agencies involved in delin9uency !revention to !artici!ate in the !lanning !rocess and i !le entation of )uvenile intervention !rogra s. "uch !rogra s shall be i !le ented consistent with the national !rogra for ulated and designed by the JJ1.. The i !le entation of the co !rehensive )uvenile intervention !rogra shall be reviewed and assessed annually by the >D,s in coordination with the >.&.. /esults of the assess ent shall be sub itted by the !rovincial and city govern ents to the JJ1. not later than March 8+ of every year. SEC. .9. Community*based Programs on u!enile ustice and "elfare. - .o unity-based !rogra s on )uvenile )ustice and welfare shall be instituted by the >D,s through the >.&., school, youth organi%ations and other concerned agencies. The >D,s shall !rovide co unity-based services which res!ond to the s!ecial needs, !roble s, interests and concerns of children and which offer a!!ro!riate counseling and guidance to the and their fa ilies. These !rogra s shall consist of three levels:

#a$ &ri ary intervention includes general easures to !ro ote social )ustice and e9ual o!!ortunity, which tackle !erceived root causes of offending6 #b$ "econdary intervention includes children at risk6 and easures to assist

#c$ Tertiary intervention includes easures to avoid unnecessary contact with the for al )ustice syste and other easures to !revent re-offending.

T!T E !& TREAT%ENT $+ C"! )REN BE $* T"E A#E $+ CR!%!NA RESP$NS!B! !T, SEC. 12. Children +elow the Age of Criminal Responsibility. - If it has been deter ined that the child taken into custody is fifteen #4:$ years old or below, the authority which will have an initial contact with the child has the duty to i ediately release the child to the custody of his(her !arents or guardian, or in the absence thereof, the child0s nearest relative. "aid authority shall give notice to the local social welfare and develo! ent officer who will deter ine the a!!ro!riate !rogra s in consultation with the child and to the !erson having custody over the child. If the !arents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child ay be released to any of the following: a duly registered nongovern ental or religious organi%ation6 a barangay official or a e ber of the Barangay .ouncil for the &rotection of .hildren #B.&.$6 a local social welfare and develo! ent officer6 or when and where a!!ro!riate, the ?"1?. If the child referred to herein has been found by the >ocal "ocial 1elfare and ?evelo! ent Affice to be abandoned, neglected or abused by his !arents, or in the event that the !arents will not co !ly with the !revention !rogra , the !ro!er !etition for

involuntary co it ent shall be filed by the ?"1? or the >ocal "ocial 1elfare and ?evelo! ent Affice !ursuant to &residential ?ecree -o. ;+8, otherwise ,known as 3The .hild and Bouth 1elfare .ode3.

T!T E & '(&EN! E '(ST!CE AN) *E +ARE S,STE% C"APTER ! !N!T!A C$NTACT *!T" T"E C"! ) SEC. 1.. Procedure for Ta,ing the Child into Custody. - 2ro the o ent a child is taken into custody, the law enforce ent officer shall: #a$ @'!lain to the child in si !le language and in a dialect that he(she can understand why he(she is being !laced under custody and the offense that he(she allegedly co itted6 #b$ Infor the child of the reason for such custody and advise the child of his(her constitutional rights in a language or dialect understood by hi (her6 #e$ &ro!erly identify hi self(herself and !resent !ro!er identification to the child6 #d$ /efrain fro using vulgar or !rofane words and fro se'ually harassing or abusing, or aking se'ual advances on the child in conflict with the law6 #e$ Avoid dis!laying or using any firear , wea!on, handcuffs or other instru ents of force or restraint, unless absolutely necessary and only after all other ethods of control have been e'hausted and have failed6

#f$ /efrain fro sub)ecting the child in conflict with the law to greater restraint than is necessary for his(her a!!rehension6 #g$ Avoid violence or unnecessary force6 #h$ ?eter ine the age of the child !ursuant to "ection < of this Act6 #i$ I ediately but not later than eight #5$ hours after a!!rehension, turn over custody of the child to the "ocial 1elfare and ?evelo! ent Affice or other accredited -DAs, and notify the child0s a!!rehension. The social welfare and develo! ent officer shall e'!lain to the child and the child0s !arents(guardians the conse9uences of the child0s act with a view towards counseling and rehabilitation, diversion fro the cri inal )ustice syste , and re!aration, if a!!ro!riate6 #)$ Take the child i ediately to the !ro!er edical and health officer for a thorough !hysical and ental e'a ination. The e'a ination results shall be ke!t confidential unless otherwise ordered by the 2a ily .ourt. 1henever the edical treat ent is re9uired, ste!s shall be i ediately undertaken to !rovide the sa e6 #k$ @nsure that should detention of the child in conflict with the law be necessary, the child shall be secured in 9uarters se!arate fro that of the o!!osite se' and adult offenders6 #l$ /ecord the following in the initial investigation: 4. 1hether handcuffs or other instru ents of restraint were used, and if so, the reason for such6 7. That the !arents or guardian of a child, the ?"1?, and the &A+ have been infor ed of the a!!rehension and the details thereof6 and

8. The e'haustion of easures to deter ine the age of a child and the !recise details of the !hysical and edical e'a ination or the failure to sub it a child to such e'a ination6 and # $ @nsure that all state ents signed by the child during investigation shall be witnessed by the child0s !arents or guardian, social worker, or legal counsel in attendance who shall affi' his(her signature to the said state ent. A child in conflict with the law shall only be searched by a law enforce ent officer of the sa e gender and shall not be locked u! in a detention cell. SEC. 11. Duties During )nitial )n!estigation. - The law enforce ent officer shall, in his(her investigation, deter ine where the case involving the child in conflict with the law should be referred. The taking of the state ent of the child shall be conducted in the !resence of the following: #4$ child0s counsel of choice or in the absence thereof, a lawyer fro the &ublic Attorney0s Affice6 #7$ the child0s !arents, guardian, or nearest relative, as the case ay be6 and #8$ the local social welfare and develo! ent officer. In the absence of the child0s !arents, guardian, or nearest relative, and the local social welfare and develo! ent officer, the investigation shall be conducted in the !resence of a re!resentative of an -DA, religious grou!, or e ber of the B.&.. After the initial investigation, the local social worker conducting the sa e ay do either of the following: #a$ &roceed in accordance with "ection 7+ if the child is fifteen #4:$ years or below or above fifteen #4:$ but below eighteen #45$ years old, who acted without discern ent6 and

#b$ If the child is above fifteen #4:$ years old but below eighteen #45$ and who acted with discern ent, !roceed to diversion under the following cha!ter. C"APTER 1 )!&ERS!$N SEC. 13. System of Di!ersion. - .hildren in conflict with the law shall undergo diversion !rogra s without undergoing court !roceedings sub)ect to the conditions herein !rovided: #a$ 1here the i !osable !enalty for the cri e co ittee is not ore than si' #;$ years i !rison ent, the law enforce ent officer or &unong Barangay with the assistance of the local social welfare and develo! ent officer or other e bers of the >.&. shall conduct ediation, fa ily conferencing and conciliation and, where a!!ro!riate, ado!t indigenous odes of conflict resolution in accordance with the best interest of the child with a view to acco !lishing the ob)ectives of restorative )ustice and the for ulation of a diversion !rogra . The child and his(her fa ily shall be !resent in these activities. #b$ In victi less cri es where the i !osable !enalty is not ore than si' #;$ years i !rison ent, the local social welfare and develo! ent officer shall eet with the child and his(her !arents or guardians for the develo! ent of the a!!ro!riate diversion and rehabilitation !rogra , in coordination with the B.&.6 #c$ 1here the i !osable !enalty for the cri e co itted e'ceeds si' #;$ years i !rison ent, diversion easures ay be resorted to only by the court. SEC. 14. Stages "here Di!ersion May be Conducted. ?iversion ay be conducted at the Gatarungang &a barangay, the !olice investigation or the in9uest or !reli inary investigation stage

and at all 4evels and !hases of the !roceedings including )udicial level. SEC. 14. Conferencing- Mediation and Conciliation. - A child in conflict with law ay undergo conferencing, ediation or conciliation outside the cri inal )ustice syste or !rior to his entry into said syste . A contract of diversion ay be entered into during such conferencing, ediation or conciliation !roceedings. SEC. 13. Contract of Di!ersion. - If during the conferencing, ediation or conciliation, the child voluntarily ad its the co ission of the act, a diversion !rogra shall be develo!ed when a!!ro!riate and desirable as deter ined under "ection 8+. "uch ad ission shall not be used against the child in any subse9uent )udicial, 9uasi-)udicial or ad inistrative !roceedings. The diversion !rogra shall be effective and binding if acce!ted by the !arties concerned. The acce!tance shall be in writing and signed by the !arties concerned and the a!!ro!riate authorities. The local social welfare and develo! ent officer shall su!ervise the i !le entation of the diversion !rogra . The diversion !roceedings shall be co !leted within forty-five #*:$ days. The !eriod of !rescri!tion of the offense shall be sus!ended until the co !letion of the diversion !roceedings but not to e'ceed forty-five #*:$ days. The child shall !resent hi self(herself to the co !etent authorities that i !osed the diversion !rogra at least once a onth for re!orting and evaluation of the effectiveness of the !rogra . 2ailure to co !ly with the ter s and conditions of the contract of diversion, as certified by the local social welfare and develo! ent officer, shall give the offended !arty the o!tion to institute the a!!ro!riate legal action. The !eriod of !rescri!tion of the offense shall be sus!ended during the effectivity of the diversion !rogra , but not e'ceeding a !eriod of two #7$ years.

SEC. 15. Duty of the Punong +arangay "hen There is .o Di!ersion. - If the offense does not fall under "ection 78#a$ and #b$, or if the child, his(her !arents or guardian does not consent to a diversion, the &unong Barangay handling the case shall, within three #8$ days fro deter ination of the absence of )urisdiction over the case or ter ination of the diversion !roceedings, as the case ay be, forward the records of the case of the child to the law enforce ent officer, !rosecutor or the a!!ro!riate court, as the case ay be. ,!on the issuance of the corres!onding docu ent, certifying to the fact that no agree ent has been reached by the !arties, the case shall be filed according to the regular !rocess. SEC. 16. Duty of the Law &nforcement 'fficer "hen There is .o Di!ersion. - If the offense does not fall under "ection 78#a$ and #b$, or if the child, his(her !arents or guardian does not consent to a diversion, the 1o en and .hildren &rotection ?esk of the &-&, or other law enforce ent officer handling the case of the child under custody, to the !rosecutor or )udge concerned for the conduct of in9uest and(or !reli inary investigation to deter ine whether or not the child should re ain under custody and corres!ondingly charged in court. The docu ent trans itting said records shall dis!lay the word 3.CI>?3 in bold letters. SEC. 19. %actors in Determining Di!ersion Program. - In deter ining whether diversion is a!!ro!riate and desirable, the following factors shall be taken into consideration: #a$ The nature and circu stances of the offense charged6 #b$ The fre9uency and the severity of the act6 #c$ The circu stances of the child #e.g. age, intelligence, etc.$6 aturity,

#d$ The influence of the fa ily and environ ent on the growth of the child6

#e$ The re!aration of in)ury to the victi 6 #f$ The weight of the evidence against the child6 #g$ The safety of the co unity6 and

#h$ The best interest of the child. SEC. 32. %ormulation of the Di!ersion Program. - In for ulating a diversion !rogra , the individual characteristics and the !eculiar circu stances of the child in conflict with the law shall be used to for ulate an individuali%ed treat ent. The following factors shall be considered in for ulating a diversion !rogra for the child: #a$ The child0s feelings of re orse for the offense he(she co itted6 #b$ The !arents0 or legal guardians0 ability to guide and su!ervise the child6 #c$ The victi 0s view about the !ro!riety of the i !osed6 and easures to be

#d$ The availability of co unity-based !rogra s for rehabilitation and reintegration of the child. SEC. 3.. (inds of Di!ersion Programs. - The diversion !rogra shall include ade9uate socio-cultural and !sychological res!onses and services for the child. At the different stages where diversion ay be resorted to, the following diversion !rogra s ay be agreed u!on, such as, but not li ited to: #a$ At the level of the &unong Barangay: #4$ /estitution of !ro!erty6 #7$ /e!aration of the da age caused6

#8$ Inde nification for conse9uential da ages6 #*$ 1ritten or oral a!ology6 #:$ .are, guidance and su!ervision orders6 #;$ .ounseling for the child in conflict with the law and the child0s fa ily6 #<$Attendance in trainings, se inars and lectures on: #i$ anger #ii$ !roble anage ent skills6 solving and(or conflict resolution skills6

#iii$ values for ation6 and #iv$ other skills which will aid the child in dealing with situations which can lead to re!etition of the offense6 #5$ &artici!ation in available co including co unity service6 or unity-based !rogra s,

#=$ &artici!ation in education, vocation and life skills !rogra s. #b$ At the level of the law enforce ent officer and the !rosecutor: #4$ ?iversion !rogra s s!ecified under !aragra!hs #a$#4$ to #a$#=$ herein6 and #7$ .onfiscation and forfeiture of the !roceeds or instru ents of the cri e6 #c$ At the level of the a!!ro!riate court:

#4$ ?iversion !rogra s s!ecified under !aragra!hs#a$and #b$ above6 #7$ 1ritten or oral re!ri and or citation6 #8$ 2ine: #*$ &ay ent of the cost of the !roceedings6 or #:$ Institutional care and custody. C"APTER 3 PR$SEC(T!$N SEC. 31. Duty of the Prosecutor/s 'ffice. - There shall be a s!ecially trained !rosecutor to conduct in9uest, !reli inary investigation and !rosecution of cases involving a child in conflict with the law. If there is an allegation of torture or ill-treat ent of a child in conflict with the law during arrest or detention, it shall be the duty of the !rosecutor to investigate the sa e. SEC. 33. Preliminary )n!estigation and %iling of )nformation. The !rosecutor shall conduct a !reli inary investigation in the following instances: #a$ when the child in conflict with the law does not 9ualify for diversion: #b$ when the child, his(her !arents or guardian does not agree to diversion as s!ecified in "ections 7< and 756 and #c$ when considering the assess ent and reco endation of the social worker, the !rosecutor deter ines that diversion is not a!!ro!riate for the child in conflict with the law. ,!on serving the sub!oena and the affidavit of co !laint, the !rosecutor shall notify the &ublic Attorney0s Affice of such service, as well as the !ersonal infor ation, and !lace of detention of the child in conflict with the law. ,!on deter ination of !robable cause by the !rosecutor, the infor ation against the child shall be filed before the 2a ily .ourt

within forty-five #*:$ days fro investigation.

the start of the !reli inary

C"APTER 4 C$(RT PR$CEE)!N#S SEC. 34. +ail. - 2or !ur!oses of reco ending the a ount of bail, the !rivileged itigating circu stance of inority shall be considered. SEC. 34. Release on Recogni0ance. - 1here a child is detained, the court shall order: #a$ the release of the inor on recogni%ance to his(her !arents and other suitable !erson6 #b$ the release of the child in conflict with the law on bail6 or #c$ the transfer of the rehabilitation center. inor to a youth detention ho e(youth

The court shall not order the detention of a child in a )ail !ending trial or hearing of his(her case. SEC. 33. Detention of the Child Pending Trial. - .hildren detained !ending trial ay be released on bail or recogni%ance as !rovided for under "ections 8* and 8: under this Act. In all other cases and whenever !ossible, detention !ending trial ay be re!laced by alternative easures, such as close su!ervision, intensive care or !lace ent with a fa ily or in an educational setting or ho e. Institutionali%ation or detention of the child !ending trial shall be used only as a easure of last resort and for the shortest !ossible !eriod of ti e. 1henever detention is necessary, a child will always be detained in youth detention ho es established by local govern ents, !ursuant to "ection 5 of the 2a ily .ourts Act, in the city or unici!ality where the child resides.

In the absence of a youth detention ho e, the child in conflict with the law ay be co itted to the care of the ?"1? or a local rehabilitation center recogni%ed by the govern ent in the !rovince, city or unici!ality within the )urisdiction of the court. The center or agency concerned shall be res!onsible for the child0s a!!earance in court whenever re9uired. SEC. 35. Di!ersion Measures. - 1here the a'i u !enalty i !osed by law for the offense with which the child in conflict with the law is charged is i !rison ent of not ore than twelve #47$ years, regardless of the fine or fine alone regardless of the a ount, and before arraign ent of the child in conflict with the law, the court shall deter ine whether or not diversion is a!!ro!riate. SEC. 36. Automatic Suspension of Sentence. - Ance the child who is under eighteen #45$ years of age at the ti e of the co ission of the offense is found guilty of the offense charged, the court shall deter ine and ascertain any civil liability which ay have resulted fro the offense co itted. Cowever, instead of !ronouncing the )udg ent of conviction, the court shall !lace the child in conflict with the law under sus!ended sentence, without need of a!!lication: Provided, however, That sus!ension of sentence shall still be a!!lied even if the )uvenile is already eighteen years #45$ of age or ore at the ti e of the !ronounce ent of his(her guilt. ,!on sus!ension of sentence and after considering the various chcu stances of the child, the court shall i !ose the a!!ro!riate dis!osition easures as !rovided in the "u!re e .ourt /ule on Juveniles in .onflict with the >aw. SEC. 39. Discharge of the Child in Conflict with the Law. - ,!on the reco endation of the social worker who has custody of the child, the court shall dis iss the case against the child whose sentence has been sus!ended and against who dis!osition easures have been issued, and shall order the final discharge of

the child if it finds that the ob)ective of the dis!osition have been fulfilled.

easures

The discharge of the child in conflict with the law shall not affect the civil liability resulting fro the co ission of the offense, which shall be enforced in accordance with law. SEC. 42. Return of the Child in Conflict with the Law to Court. If the court finds that the ob)ective of the dis!osition easures i !osed u!on the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to co !ly with the conditions of his(her dis!osition or rehabilitation !rogra , the child in conflict with the law shall be brought before the court for e'ecution of )udg ent. If said child in conflict with the law has reached eighteen #45$ years of age while under sus!ended sentence, the court shall deter ine whether to discharge the child in accordance with this Act, to order e'ecution of sentence, or to e'tend the sus!ended sentence for a certain s!ecified !eriod or until the child reaches the a'i u age of twenty-one #74$ years. SEC. 4.. Credit in Ser!ice of Sentence. - The child in conflict with the law shall be credited in the services of his(her sentence with the full ti e s!ent in actual co it ent and detention under this Act. SEC. 41. Probation as an Alternati!e to )mprisonment. - The court ay, after it shall have convicted and sentenced a child in conflict with the law, and u!on a!!lication at any ti e, !lace the child on !robation in lieu of service of his(her sentence taking into account the best interest of the child. 2or this !ur!ose, "ection * of &residential ?ecree -o. =;5, otherwise known as the 3&robation >aw of 4=<;3, is hereby a ended accordingly. C"APTER 4 C$N+!)ENT!A !T, $+ REC$R)S AN) PR$CEE)!N#S

SEC. 43. Confedentiality of Records and Proceedings. - All records and !roceedings involving children in conflict with the law fro initial contact until final dis!osition of the case shall be considered !rivileged and confidential. The !ublic shall be e'cluded during the !roceedings and the records shall not be disclosed directly or indirectly to anyone by any of the !arties or the !artici!ants in the !roceedings for any !ur!ose whatsoever, e'ce!t to deter ine if the child in conflict with the law ay have his(hes sentence sus!ended or if he(she ay be granted !robation under the &robation >aw, or to enforce the civil liability i !osed in the cri inal action. The co !onent authorities shall undertake all easures to !rotect this confidentiality of !roceedings, including non-disclosure of records to the edia, aintaining a se!arate !olice blotter for cases involving children in conflict with the law and ado!ting a syste of coding to conceal aterial infor ation which will lead to the child0s identity. /ecords of a child in conflict with the law shall not be used in subse9uent !roceedings for cases involving the sa e offender as an adult, e'ce!t when beneficial for the offender and u!on his(her written consent. A !erson who has been in conflict with the law as a child shall not be held under any !rovision of law, to be guilty of !er)ury or of conceal ent or isre!resentation by reason of his(her failure to acknowledge the case or recite any fact related thereto in res!onse to any in9uiry ade to hi (her for any !ur!ose.

T!T E &! RE"AB! !TAT!$N AN) RE!NTE#RAT!$N SEC. 44. 'b1ecti!e of Rehabilitation and Reintegration. - The ob)ective of rehabilitation and reintegration of children in conflict with the law is to !rovide the with interventions, a!!roaches and

strategies that will enable the to i !rove their social functioning with the end goal of reintegration to their fa ilies and as !roductive e bers of their co unities. SEC. 44. Court 'rder Re2uired. - -o child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing for the !ur!ose. The details of this order shall be i ediately entered in a register e'clusively for children in conflict with the law. -o child shall be ad itted in any facility where there is no such register. SEC. 43- Separate %acilities from Adults. - In all rehabilitation or training facilities, it shall be andatory that children shall be se!arated fro adults unless they are e bers of the sa e fa ily. ,nder no other circu stance shall a child in conflict with the law be !laced in the sa e confine ent as adults. The rehabilitation, training or confine ent area of children in conflict with the law shall !rovide a ho e environ ent where children in conflict with the law can be !rovided with 9uality counseling and treat ent. SEC. 45. %emale Children. - 2e ale children in conflict with the law !laced in an institution shall be given s!ecial attention as to their !ersonal needs and !roble s. They shall be handled by fe ale doctors, correction officers and social workers, and shall be acco odated se!arately fro ale children in conflict with the law. SEC. 46. 3ender*Sensiti!ity Training. - -o !ersonnel of rehabilitation and training facilities shall handle children in conflict with the law without having undergone gender sensitivity training. SEC. 49. &stablishment of 4outh Detention 5omes. - The >D,s shall set aside an a ount to build youth detention ho es as andated by the 2a ily .ourts Act. Bouth detention ho es ay

also be established by !rivate and -DAs licensed and accredited by the ?"1?, in consultation with the JJ1.. SEC. 42. Care and Maintenance of the Child in Conflict with the Law. - The e'!enses for the care and aintenance of a child in conflict with the law under institutional care shall be borne by his(her !arents or those !ersons liable to su!!ort hi (her: Provided, That in case his(her !arents or those !ersons liable to su!!ort hi (her cannot !ay all or !art of said e'!enses, the unici!ality where the offense was co itted shall !ay one-third #4(8$ of said e'!enses or !art thereof6 the !rovince to which the unici!ality belongs shall !ay one-third #4(8$ and the re aining one-third #4(8$ shall be borne by the national govern ent. .hartered cities shall !ay two-thirds #7(8$ of said e'!enses6 and in case a chartered city cannot !ay said e'!enses, !art of the internal revenue allot ents a!!licable to the un!aid !ortion shall be withheld and a!!lied to the settle ent of said obligations:Provided, further, That in the event that the child in conflict with the law is not a resident of the unici!ality(city where the offense was co itted, the court, u!on its deter ination, ay re9uire the city( unici!ality where the child in conflict with the law resides to shoulder the cost. All city and !rovincial govern ents ust e'ert effort for the i ediate establish ent of local detention ho es for children in conflict with the law. SEC. 4.. Confinement of Con!icted Children in Agricultural Camps and other Training %acilities. - A child in conflict with the law ay, after conviction and u!on order of the court, be ade to serve his(her sentence, in lieu of confine ent in a regular !enal institution, in an agricultural ca ! and other training facilities that ay be established, aintained, su!ervised and controlled by the B,.A/, in coordination with the ?"1?. SEC. 41. Rehabilitation of Children in Conflict with the Law. .hildren in conflict with the law, whose sentences are sus!ended

ay, u!on order of the court, undergo any or a co bination of dis!osition easures best suited to the rehabilitation and welfare of the child as !rovided in the "u!re e .ourt /ule on Juveniles in .onflict with the >aw. If the co unity-based rehabilitation is availed of by a child in conflict with the law, he(she shall be released to !arents, guardians, relatives or any other res!onsible !erson in the co unity. ,nder the su!ervision and guidance of the local social welfare and develo! ent officer, and in coordination with his(her !arents(guardian, the child in conflict with the law shall !artici!ate in co unity-based !rogra s, which shall include, but not li ited to: #4$ .o !etency and life skills develo! ent6 #7$ "ocio-cultural and recreational activities6 #8$ .o unity volunteer !ro)ects6

#*$ >eadershi! training6 #:$ "ocial services6 #;$ Co elife services6 #<$ Cealth services6 . #5$ "!iritual enrich ent6 and #=$ .o unity and fa ily welfare services.

In accordance therewith, the fa ily of the child in conflict with the law shall endeavor to actively !artici!ate in the co unity-based rehabilitation. Based on the !rogress of the youth in the co unity, a final re!ort will be forwarded by the local social welfare and develo! ent officer to the court for final dis!osition of the case.

If the co unity-based !rogra s are !rovided as diversion easures under .ha!ter II, Title E, the !rogra s enu erated above shall be ade available to the child in conflict with the law. SEC. 43. 4outh Rehabilitation Center. - The youth rehabilitation center shall !rovide 7*-hour grou! care, treat ent and rehabilitation services under the guidance of a trained staff where residents are cared for under a structured thera!eutic environ ent with the end view of reintegrating the in their fa ilies and co unities as socially functioning individuals. A 9uarterly re!ort shall be sub itted by the center to the !ro!er court on the !rogress of the children in conflict with the law. Based on the !rogress of the youth in the center, a final re!ort will be forwarded to the court for final dis!osition of the case. The ?"1? shall establish youth rehabilitation centers in each region of the country. SEC. 44. 'b1ecti!es of Community +ased Programs. - The ob)ectives of co unity-based !rogra s are as follows: #a$ &revent disru!tion in the education or eans of livelihood of the child in conflict with the law in case he(she is studying, working or attending vocational learning institutions6 #b$ &revent se!aration of the child in conflict with the law fro his(her !arents(guardians to aintain the su!!ort syste fostered by their relationshi! and to create greater awareness of their utual and reci!rocal res!onsibilities6 #c$ 2acilitate the rehabilitation and ainstrea ing of the child in conflict with the law and encourage co unity su!!ort and involve ent6 and #d$ Mini i%e the stig a that attaches to the child in conflict with the law by !reventing )ail detention. SEC. 44. Criteria of Community*+ased Programs. - @very >D, shall establish co unity-based !rogra s that will focus on the

rehabilitation and reintegration of the child. All !rogra s shall eet the criteria to be established by the JJ1. which shall take into account the !ur!ose of the !rogra , the need for the consent of the child and his(her !arents or legal guardians, and the !artici!ation of the child-centered agencies whether !ublic or !rivate. SEC. 43. After*Care Support Ser!ices for Children in Conflict with the Law. - .hildren in conflict with the law whose cases have been dis issed by the !ro!er court because of good behavior as !er reco endation of the ?"1? social worker and(or any accredited -DA youth rehabilitation center shall be !rovided aftercare services by the local social welfare and develo! ent officer for a !eriod of at least si' #;$ onths. The service includes counseling and other co unity-based services designed to facilitate social reintegration, !revent re-offending and ake the children !roductive e bers of the co unity.

T!T E &!! #ENERA PR$&!S!$NS C"APTER . E8E%PT!N# PR$&!S!$NS SEC. 67. Status 'ffenees. - Any conduct not considered an offense or not !enali%ed if co itted by an adult shall not be considered an offense and shall not be !unished if co itted by a child. SEC. 68. 'ffenses .ot Applicable to Children. - &ersons below eighteen #45$ years of age shall be e'e !t fro !rosecution for the cri e of vagrancy and !rostitution under "ection 7+7 of the /evised &enal .ode, of endicancy under &residential ?ecree -o. 4:;8, and sniffing of rugby under &residential ?ecree -o. 4;4=, such !rosecution being inconsistent with the ,nited -ations .onvention

on the /ights of the .hild: Provided, That said !ersons shall undergo a!!ro!riate counseling and treat ent !rogra . SEC. 69. &:emption from the Application of Death Penalty. The !rovisions of the /evised &enal .ode, as a ended, /e!ublic Act -o. =4;:, otherwise known as the .o !rehensive ?angerous ?rugs Act of 7++7, and other s!ecial laws notwithstanding, no death !enalty shall be i !osed u!on children in conflict with the law. C"APTER 1 PR$"!B!TE) ACTS SEC. ;<. Prohibition Against Labeling and Shaming. - In the conduct of the !roceedings beginning fro the initial contact with the child, the co !etent authorities ust refrain fro branding or labeling children as young cri inals, )uvenile delin9uents, !rostitutes or attaching to the in any anner any other derogatory na es. >ikewise, no discri inatory re arks and !ractices shall be allowed !articularly with res!ect to the child0s class or ethnic origin. SEC. ;=. 'ther Prohibited Acts. - The following and any other si ilar acts shall be considered !re)udicial and detri ental to the !sychological, e otional, social, s!iritual, oral and !hysical health and well-being of the child in conflict with the law and therefore, !rohibited: #a$ @ !loy ent of threats of whatever kind and nature6 #b$ @ !loy ent of abusive, coercive and !unitive easures such as cursing, beating, stri!!ing, and solitary confine ent6 #c$ @ !loy ent of degrading, inhu an end cruel for s of !unish ent such as shaving the heads, !ouring irritating, corrosive or har ful substances over the body of the child in conflict with the law, or forcing hi (her to walk around the co unity wearing signs which e barrass, hu iliate, and degrade his(her !ersonality and dignity6 and

#d$ .o !elling the child to !erfor involuntary servitude in any and all for s under any and all instances. C"APTER 3 PENA PR$&!S!$N SEC. ;>. ?iolation of the Pro!isions of this Act or Rules or Regulations in 3eneral. - Any !erson who violates any !rovision of this Act or any rule or regulation !ro ulgated in accordance thereof shall, u!on conviction for each act or o ission, be !unished by a fine of not less than Twenty thousand !esos #&7+,+++.++$ but not ore than 2ifty thousand !esos #&:+,+++.++$ or suffer i !rison ent of not less than eight #5$ years but not ore than ten #4+$ years, or both such fine and i !rison ent at the discretion of the court, unless a higher !enalty is !rovided for in the /evised &enal .ode or s!ecial laws. If the offender is a !ublic officer or e !loyee, he(she shall, in addition to such fine and(or i !rison ent, be held ad inistratively liable and shall suffer the !enalty of !er!etual absolute dis9ualification. C"APTER 4 APPR$PR!AT!$N PR$&!S!$N SEC. 33. Appropriations. - The a ount necessary to carry out the initial i !le entation of this Act shall be charged to the Affice of the &resident. Thereafter, such su s as ay be necessary for the continued i !le entation of this Act shall be included in the succeeding Deneral A!!ro!riations Act. An initial a ount of 2ifty illion !esos #&:+,+++,+++.++$ for the !ur!ose of setting u! the JJ1. shall be taken fro the !roceeds of the &hili!!ine .harity "wee!stakes Affice.

T!T E &!!! TRANS!T$R, PR$&!S!$NS SEC. 34. Children in Conflict with the Law %ifteen #=6$ 4ears 'ld and +elow. - ,!on effectivity of this Act, cases of children fifteen #4:$ years old and below at the ti e of the co ission of the cri e shall i ediately be dis issed and the child shall be referred to the a!!ro!riate local social welfare and develo! ent officer. "uch officer, u!on thorough assess ent of the child, shall deter ine whether to release the child to the custody of his(her !arents, or refer the child to !revention !rogra s as !rovided under this Act. Those with sus!ended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released, unless it is contrary to the best interest of the child. SEC. 34. Children Detained Pending Dial. - If the child is detained !ending trial, the 2a ily .ourt shall also deter ine whether or not continued detention is necessary and, if not, deter ine a!!ro!riate alternatives for detention. If detention is necessary and he(she is detained with adults, the court shall i ediately order the transfer of the child to a youth detention ho e. SEC. 33. )n!entory of @Loc,ed*up@ and Detained Children in Conflict with the Law. - The &-&, the BJM& and the B,.A/ are hereby directed to sub it to the JJ1., within ninety #=+$ days fro the effectivity of this Act, an inventory of all children in conflict with the law under their custody. SEC. 35. Children "ho Reach the Age of &ighteen #=8$ 4ears Pending Di!ersion and Court Proceedings. - If a child reaches the age of eighteen #45$ years !ending diversion and court !roceedings, the a!!ro!riate diversion authority in consultation with the local social welfare and develo! ent officer or the 2a ily .ourt in consultation with the "ocial "ervices and .ounseling ?ivision #"".?$ of the "u!re e .ourt, as the case ay be, shall deter ine

the a!!ro!riate dis!osition. In case the a!!ro!riate court e'ecutes the )udg ent of conviction, and unless the child in conflict the law has already availed of !robation under &residential ?ecree -o. ;+8 or other si ilar laws, the child ay a!!ly for !robation if 9ualified under the !rovisions of the &robation >aw. SEC. 36. Children "ho 5a!e +een Con!icted and are Ser!ing Sentence. - &ersons who have been convicted and are serving sentence at the ti e of the effectivity of this Act, and who were below the age of eighteen #45$ years at the ti e the co ission of the offense for which they were convicted and are serving sentence, shall likewise benefit fro the retroactive a!!lication of this Act. They shall be entitled to a!!ro!riate dis!ositions !rovided under this Act and their sentences shall be ad)usted accordingly. They shall be i ediately released if they are so 9ualified under this Act or other a!!licable law.

T!T E !8 +!NA PR$&!S!$NS SEC. 39. Rule Ma,ing Power. - The JJ1. shall issue the I//s for the i !le entation of the !rovisions of this act within ninety #=+$ days fro the effectivity thereof. SEC. 52. Separability Clause. - If, for any reason, any section or !rovision of this Act is declared unconstitutional or invalid by the "u!re e .ourt, the other sections or !rovisions hereof not dfected by such declaration shall re ain in force and effect. SEC. 5.. Repealing Clause. - All e'isting laws, orders, decrees, rules and regulations or !arts thereof inconsistent with the !rovisions of this Act are hereby re!ealed or odified accordingly.

SEC. 51. &ffecti!ity. - This Act shall take effect after fifteen #4:$ days fro its !ublication in at least two #7$ national news!a!ers of general circulation.

A!!roved, +RAN9 !N )R! $N '$SE )E &ENEC!A 'R. &resident of the "enate "!eaker of the Couse of /e!resentatives This Act which is a consolidation of "enate Bill -o. 4*+7 and Couse Bill -o. :+;: was finally !assed by the "enate and the Couse of /e!resentatives on March 77, 7++;. $SCAR #. ,ABES "ecretary of "enate R$BERT$ P. NA:AREN$ "ecretary Deneral Couse of /e!resenatives

A!!roved: A!ril 75, 7++; # $R!A %ACAPA#A ;ARR$,$ President of the Philippines