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 from prevention to rehabilitation and reintegration. SEC. 1. Declaration of State Policy. - The following State policies shall be observed at all times: (a) The State recogni es the vital role of children and !o"th in nation b"ilding and shall promote and protect their ph!sical# moral# spirit"al# intellect"al and social wellbeing. It shall inc"lcate in the !o"th patriotism and nationalism# and enco"rage their involvement in p"blic and civic affairs. (b) The State shall protect the best interests of the child thro"gh meas"res that will ens"re the observance of international standards of child protection# especiall! those to which the $hilippines is a part!. $roceedings before an! a"thorit! shall be cond"cted in the best interest of the child and in a manner which allows the child to participate and to e%press himself&herself freel!. The participation of children in the program and polic! form"lation and implementation related to '"venile '"stice and welfare shall be ens"red b! the concerned government agenc!. (c) The State likewise recogni es the right of children to assistance# incl"ding proper care and n"trition# and special protection from all forms of neglect# ab"se# cr"elt! and e%ploitation# and other conditions pre'"dicial to their development. (d) $"rs"ant to Article () of the *nited +ations ,onvention on the -ights of the ,hild# the State recogni es the right of ever! child alleged as# acc"sed of# ad'"dged#

or recogni ed as having infringed the penal law to be treated in a manner consistent with the promotion of the child.s sense of dignit! and worth# taking into acco"nt the child.s age and desirabilit! of promoting his&her reintegration. /henever appropriate and desirable# the State shall adopt meas"res for dealing with s"ch children witho"t resorting to '"dicial proceedings# providing that h"man rights and legal safeg"ards are f"ll! respected. It shall ens"re that children are dealt with in a manner appropriate to their well-being b! providing for# among others# a variet! of disposition meas"res s"ch as care# g"idance and s"pervision orders# co"nseling# probation# foster care# ed"cation and vocational training programs and other alternatives to instit"tional care. (e) The administration of the '"venile '"stice and welfare s!stem shall take into consideration the c"lt"ral and religio"s perspectives of the 0ilipino people# partic"larl! the indigeno"s peoples and the M"slims# consistent with the protection of the rights of children belonging to these comm"nities. (f) The State shall appl! the principles of restorative '"stice in all its laws# policies and programs applicable to children in conflict with the law. SEC. 3. Liberal Construction of this Act. - In case of do"bt# the interpretation of an! of the provisions of this Act# incl"ding its implementing r"les and reg"lations (I--s)# shall be constr"ed liberall! in favor of the child in conflict with the law. SEC. 4. Definition of Terms. - The following terms as "sed in this Act shall be defined as follows: (a) 12ail1 refers to the sec"rit! given for the release of the person in c"stod! of the law# f"rnished b! him&her or a bondsman# to g"arantee his&her appearance before an! co"rt. 2ail ma! be given in the form of corporate sec"rit!# propert! bond# cash deposit# or recogni ance. (b) 12est Interest of the ,hild1 refers to the totalit! of the circ"mstances and conditions which are most congenial to the s"rvival# protection and feelings of sec"rit! of the child and most enco"raging to the child.s ph!sical# ps!chological and emotional development. It also means the least detrimental available alternative for safeg"arding the growth and development of the child. (e) 1,hild1 refers to a person "nder the age of eighteen (34) !ears. (d) 1,hild at -isk1 refers to a child who is v"lnerable to and at the risk of committing criminal offenses beca"se of personal# famil! and social circ"mstances# s"ch as# b"t not limited to# the following: (3) being ab"sed b! an! person thro"gh se%"al# ph!sical# ps!chological# mental# economic or an! other means and the parents or g"ardian ref"se# are "nwilling# or "nable to provide protection for the child5 (6) being e%ploited incl"ding se%"all! or economicall!5 (7) being abandoned or neglected# and after diligent search and in8"ir!# the parent or g"ardian cannot be fo"nd5

(() coming from a d!sf"nctional or broken famil! or witho"t a parent or g"ardian5 (9) being o"t of school5 (:) being a streetchild5 (;) being a member of a gang5 (4) living in a comm"nit! with a high level of criminalit! or dr"g ab"se5 and (<) living in sit"ations of armed conflict. (e) 1,hild in ,onflict with the =aw1 refers to a child who is alleged as# acc"sed of# or ad'"dged as# having committed an offense "nder $hilippine laws. (f) 1,omm"nit!-based $rograms1 refers to the programs provided in a comm"nit! setting developed for p"rposes of intervention and diversion# as well as rehabilitation of the child in conflict with the law# for reintegration into his&her famil! and&or comm"nit!. (g) 1,o"rt1 refers to a famil! co"rt or# in places where there are no famil! co"rts# an! regional trial co"rt. (h) 1>eprivation of =ibert!1 refers to an! form of detention or imprisonment# or to the placement of a child in conflict with the law in a p"blic or private c"stodial setting# from which the child in conflict with the law is not permitted to leave at will b! order of an! '"dicial or administrative a"thorit!. (i) 1>iversion1 refers to an alternative# child-appropriate process of determining the responsibilit! and treatment of a child in conflict with the law on the basis of his&her social# c"lt"ral# economic# ps!chological or ed"cational backgro"nd witho"t resorting to formal co"rt proceedings. (') 1>iversion $rogram1 refers to the program that the child in conflict with the law is re8"ired to "ndergo after he&she is fo"nd responsible for an offense witho"t resorting to formal co"rt proceedings. (k) 1Initial ,ontact /ith-the ,hild1 refers to the apprehension or taking into c"stod! of a child in conflict with the law b! law enforcement officers or private citi ens. It incl"des the time when the child alleged to be in conflict with the law receives a s"bpoena "nder Section 7(b) of -"le 336 of the -evised -"les of ,riminal $roced"re or s"mmons "nder Section :(a) or Section <(b) of the same -"le in cases that do not re8"ire preliminar! investigation or where there is no necessit! to place the child alleged to be in conflict with the law "nder immediate c"stod!. (I) 1Intervention1 refers to a series of activities which are designed to address iss"es that ca"sed the child to commit an offense. It ma! take the form of an individ"ali ed treatment program which ma! incl"de co"nseling# skills training# ed"cation# and other activities that will enhance his&her ps!chological# emotional and ps!cho-social wellbeing.

(m) 1?"venile ?"stice and /elfare S!stem1 refers to a s!stem dealing with children at risk and children in conflict with the law# which provides child-appropriate proceedings# incl"ding programs and services for prevention# diversion# rehabilitation# re-integration and aftercare to ens"re their normal growth and development. (n) 1=aw @nforcement Afficer1 refers to the person in a"thorit! or his&her agent as defined in Article 396 of the -evised $enal ,ode# incl"ding a baranga! tanod. ()) 1Affense1 refers to an! act or omission whether p"nishable "nder special laws or the -evised $enal ,ode# as amended. (p) 1-ecogni ance1 refers to an "ndertaking in lie" of a bond ass"med b! a parent or c"stodian who shall be responsible for the appearance in co"rt of the child in conflict with the law# when re8"ired. (8) 1-estorative ?"stice1 refers to a principle which re8"ires a process of resolving conflicts with the ma%im"m involvement of the victim# the offender and the comm"nit!. It seeks to obtain reparation for the victim5 reconciliation of the offender# the offended and the comm"nit!5 and reass"rance to the offender that he&she can be reintegrated into societ!. It also enhances p"blic safet! b! activating the offender# the victim and the comm"nit! in prevention strategies. (r) 1Stat"s Affenses1 refers to offenses which discriminate onl! against a child# while an ad"lt does not s"ffer an! penalt! for committing similar acts. These shall incl"de c"rfew violations5 tr"anc!# parental disobedience and the like. (s) 1Bo"th >etention Come1 refers to a 6(-ho"r child-caring instit"tion managed b! accredited local government "nits (=D*s) and licensed and&or accredited nongovernment organi ations (+DAs) providing short-term residential care for children in conflict with the law who are awaiting co"rt disposition of their cases or transfer to other agencies or '"risdiction. (t) 1Bo"th -ehabilitation ,enter1 refers to a 6(-ho"r residential care facilit! managed b! the >epartment of Social /elfare and >evelopment (>S/>)# =D*s# licensed and&or accredited +DAs monitored b! the >S/># which provides care# treatment and rehabilitation services for children in conflict with the law. -ehabilitation services are provided "nder the g"idance of a trained staff where residents are cared for "nder a str"ct"red therape"tic environment with the end view of reintegrating them into their families and comm"nities as sociall! f"nctioning individ"als. $h!sical mobilit! of residents of said centers ma! be restricted pending co"rt disposition of the charges against them. (") 1Eictimless ,rimes1 refers to offenses where there is no private offended part!. C"APTER 1 PR!NC!P ES !N T"E A)%!N!STRAT!$N $+ '(&EN! E '(ST!CE AN) *E +ARE SEC. 4. Rights of the Child in Conflict with the Law. - @ver! child in conflict with the law shall have the following rights# incl"ding b"t not limited to:

(a) the right not to be s"b'ected to tort"re or other cr"el# inh"man or degrading treatment or p"nishment5 (b) the right not to be imposed a sentence of capital p"nishment or life imprisonment# witho"t the possibilit! of release5 (c) the right not to be deprived# "nlawf"ll! or arbitraril!# of his&her libert!5 detention or imprisonment being a disposition of last resort# and which shall be for the shortest appropriate period of time5 (d) the right to be treated with h"manit! and respect# for the inherent dignit! of the person# and in a manner which takes into acco"nt the needs of a person of his&her age. In partic"lar# a child deprived of libert! shall be separated from ad"lt offenders at all times. +o child shall be detained together with ad"lt offenders. Ce&She shall be conve!ed separatel! to or from co"rt. Ce&She shall await hearing of his&her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his&her famil! thro"gh correspondence and visits# save in e%ceptional circ"mstances5 (e) the right to prompt access to legal and other appropriate assistance# as well as the right to challenge the legalit! of the deprivation of his&her libert! before a co"rt or other competent# independent and impartial a"thorit!# and to a prompt decision on s"ch action5 (f) the right to bail and recogni ance# in appropriate cases5 (g) the right to testif! as a witness in hid&her own behalf "nder the r"le on e%amination of a child witness5 (h) the right to have his&her privac! respected f"ll! at all stages of the proceedings5 (i) the right to diversion if he&she is 8"alified and vol"ntaril! avails of the same5 (') the right to be imposed a '"dgment in proportion to the gravit! of the offense where his&her best interest# the rights of the victim and the needs of societ! are all taken into consideration b! the co"rt# "nder the principle of restorative '"stice5 (k) the right to have restrictions on his&her personal libert! limited to the minim"m# and where discretion is given b! law to the '"dge to determine whether to impose fine or imprisonment# the imposition of fine being preferred as the more appropriate penalt!5 (I) in general# the right to a"tomatic s"spension of sentence5 (m) the right to probation as an alternative to imprisonment# if 8"alified "nder the $robation =aw5 (n) the right to be free from liabilit! for per'"r!# concealment or misrepresentation5 and (o) other rights as provided for "nder e%isting laws# r"les and reg"lations.

The State f"rther adopts the provisions of the *nited +ations Standard Minim"m -"les for the Administration of ?"venile ?"stice or 12ei'ing -"les1# *nited +ations D"idelines for the $revention of ?"venile >elin8"enc! or the 1-i!adh D"idelines1# and the *nited +ations -"les for the $rotection of ?"veniles >eprived of =ibert!. SEC. 3. Minimum Age of Criminal Responsibility. - A child fifteen (39) !ears of age or "nder at the time of the commission of the offense shall be e%empt from criminal liabilit!. Cowever# the child shall be s"b'ected to an intervention program p"rs"ant to Section 6) of this Act. A child above fifteen (39) !ears b"t below eighteen (34) !ears of age shall likewise be e%empt from criminal liabilit! and be s"b'ected to an intervention program# "nless he&she has acted with discernment# in which case# s"ch child shall be s"b'ected to the appropriate proceedings in accordance with this Act. The e%emption from criminal liabilit! herein established does not incl"de e%emption from civil liabilit!# which shall be enforced in accordance with e%isting laws. SEC. 5. Determination ofAge. - The child in conflict with the law shall en'o! the pres"mption of minorit!. Ce&She shall en'o! all the rights of a child in conflict with the law "ntil he&she is proven to be eighteen (34) !ears old or older. The age of a child ma! be determined from the child.s birth certificate# baptismal certificate or an! other pertinent doc"ments. In the absence of these doc"ments# age ma! be based on information from the child himself&herself# testimonies of other persons# the ph!sical appearance of the child and other relevant evidence. In case of do"bt as to the age of the child# it shall be resolved in his&her favor. An! person contesting the age of the child in conflict with the law prior to the filing of the information in an! appropriate co"rt ma! file a case in a s"mmar! proceeding for the determination of age before the 0amil! ,o"rt which shall decide the case within twent!-fo"r (6() ho"rs from receipt of the appropriate pleadings of all interested parties. If a case has been fiied against the child in conflict with the law and is pending in the appropriate co"rt# the person shall file a motion to determine the age of the child in the same co"rt where the case is pending. $ending hearing on the said motion# proceedings on the main case shall be s"spended. In all proceedings# law enforcement officers# prosec"tors# '"dges and other government officials concerned shall e%ert all efforts at determining 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 ?"venile ?"stice and /elfare ,o"ncil (??/,) is hereb! created and attached to the >epartment of ?"stice and placed "nder its administrative s"pervision. The ??/, shall be chaired b! an "ndersecretar! of the

>epartment of Social /elfare and >evelopment. It shall ens"re the effective implementation of this Act and coordination among the following agencies: (a) ,o"ncil for the /elfare of ,hildren (,/,)5 (b) >epartment of @d"cation (>ep@d)5 (c) >epartment of the Interior and =ocal Dovernment (>I=D)5 (d) $"blic Attorne!.s Affice ($AA)5 (e) 2"rea" of ,orrections (2*,A-)5 (f) $arole and $robation Administration ($$A) (g) +ational 2"rea" of Investigation (+2I)5 (h) $hilippine +ational $olice ($+$)5. (i) 2"rea" of ?ail Management and $enolog! (2?M$)5 (i) ,ommission on C"man -ights (,C-)5 (k) Technical @d"cation and Skills >evelopment A"thorit! (T@S>A)5 (l) +ational Bo"th ,ommission (+B,)5 and (m) Ather instit"tions foc"sed on '"venile '"stice and intervention programs. The ??/, shall be composed of representatives# whose ranks shall not be lower than director# to be designated b! the concerned heads of the following departments or agencies: (a) >epartment of ?"stice (>A?)5 (b) >epartment of Social /elfare and >evelopment (>S/>)5 (c) ,o"ncil for the /elfare of ,hildren (,/,) (d) >epartment of @d"cation (>ep@d)5 (e) >epartment of the Interior and =ocal Dovernment (>I=D) (f) ,ommission on C"man -ights (,C-)5 (g) +ational Bo"th ,ommission (+B,)5 and (h) Two (6) representatives from +DAs# one to be designated b! the Secretar! of ?"stice and the other to be designated b! the Secretar! of Social /elfare and >evelopment.

The ??/, shall convene within fifteen (39) da!s from the effectivit! of this Act. The Secretar! of ?"stice and the Secretar! of Social /elfare and >evelopment shall determine the organi ational str"ct"re and staffing pattern of the ??/,. The ??/, shall coordinate with the Affice of the ,o"rt Administrator and the $hilippine ?"dicial Academ! to ens"re the reali ation of its mandate and the proper discharge of its d"ties and f"nctions# as herein provided. SEC. 9. Duties and %unctions of the and f"nctions: "C. - The ??/, shall have the following d"ties

(a) To oversee the implementation of this Act5 (b) To advise the $resident on all matters and policies relating to '"venile '"stice and welfare5 (c) To assist the concerned agencies in the review and redrafting of e%isting policies&reg"lations or in the form"lation of new ones in line with the provisions of this Act5 (d) To periodicall! develop a comprehensive 7 to 9-!ear national '"venile intervention program# with the participation of government agencies concerned# +DAs and !o"th organi ations5 (e) To coordinate the implementation of the '"venile intervention programs and activities b! national government agencies and other activities which ma! have an important bearing on the s"ccess of the entire national '"venile intervention program. All programs relating to '"venile '"stice and welfare shall be adopted in cons"ltation with the ??/,5 (f) To form"late and recommend policies and strategies in cons"ltation with children for the prevention of '"venile delin8"enc! and the administration of '"stice# as well as for the treatment and rehabilitation of the children in conflict with the law5 (g) To collect relevant information and cond"ct contin"ing research and s"pport eval"ations and st"dies on all matters relating to '"venile '"stice and welfare# s"ch as b"t not limited to: (3) the performance and res"lts achieved b! '"venile intervention programs and b! activities of the local government "nits and other government agencies5 (6) the periodic trends# problems and ca"ses of '"venile delin8"enc! and crimes5 and (7) the partic"lar needs of children in conflict with the law in c"stod!. The data gathered shall be "sed b! the ??/, in the improvement of the administration of '"venile '"stice and welfare s!stem.

The ??/, shall set "p a mechanism to ens"re that children are involved in research and polic! development. (h) Thro"gh d"l! designated persons and with the assistance of the agencies provided in the preceding section# to cond"ct reg"lar inspections in detention and rehabilitation facilities and to "ndertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessar! recommendations to appropriate agencies5 (i) To initiate and coordinate the cond"ct of trainings for the personnel of the agencies involved in the administration of the '"venile '"stice and welfare s!stem and the '"venile intervention program5 (') To s"bmit an ann"al report to the $resident on the implementation of this Act5 and (k) To perform s"ch other f"nctions as ma! be necessar! to implement the provisions of this Act. SEC. .2. Policies and Procedures on u!enile ustice and "elfare. - All government agencies en"merated in Section 4 shall# with the assistance of the ??/, and within one (3) !ear from the effectivit! of this Act# draft policies and proced"res consistent with the standards set in the law. These policies and proced"res shall be modified accordingl! in cons"ltation with the ??/, "pon the completion of the national '"venile intervention program as provided "nder Section < (d). SEC. ... Child Rights Center #CRC$. - The e%isting ,hild -ights ,enter of the ,ommission on C"man -ights shall ens"re that the stat"s# rights and interests of children are "pheld in accordance with the ,onstit"tion and international instr"ments on h"man rights. The ,Cshall strengthen the monitoring of government compliance of all treat! obligations# incl"ding the timel! and reg"lar s"bmission of reports before the treat! bodies# as well as the implementation and dissemination of recommendations and concl"sions b! government agencies as well as +DAs and civil societ!.

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 famil! shall be responsible for the primar! n"rt"ring and rearing of children which is critical in delin8"enc! prevention. As far as practicable and in accordance with the proced"res of this Act# a child in conflict with the law shall be maintained in his&her famil!. SEC. .3. The &ducational System. - @d"cational instit"tions shall work together with families# comm"nit! organi ations and agencies in the prevention of '"venile delin8"enc! and in the rehabilitation and reintegration of child in conflict with the law. Schools shall provide ade8"ate# necessar! and individ"ali ed ed"cational schemes for children

manifesting diffic"lt behavior and children in conflict with the law. In cases where children in conflict with the law are taken into c"stod! or detained in rehabilitation centers# the! sho"ld be provided the opport"nit! to contin"e learning "nder an alternative learning s!stem with basic literac! program or non- formal ed"cation accreditation e8"ivalenc! s!stem. SEC. .4. The Role of the Mass Media. - The mass media shall pla! an active role in the promotion of child rights# and delin8"enc! prevention b! rela!ing consistent messages thro"gh a balanced approach. Media practitioners shall# therefore# have the d"t! to maintain the highest critical and professional standards in reporting and covering cases of children in conflict with the law. In all p"blicit! concerning children# the best interest of the child sho"ld be the primordial and paramo"nt concern. An! "nd"e# inappropriate and sensationali ed p"blicit! of an! case involving a child in conflict with the law is hereb! declared a violation of the child.s rights. SEC. .4. &stablishment and Strengthening of Local Councils for the Protection of Children. - =ocal ,o"ncils for the $rotection of ,hildren (=,$,) shall be established in all levels of local government# and where the! have alread! been established# the! shall be strengthened within one (3) !ear from the effectivit! of this Act. Membership in the =,$, shall be chosen from among the responsible members of the comm"nit!# incl"ding a representative from the !o"th sector# as well as representatives from government and private agencies concerned with the welfare of children. The local co"ncil shall serve as the primar! agenc! to coordinate with and assist the =D* concerned for the adoption of a comprehensive plan on delin8"enc! prevention# and to oversee its proper implementation. Ane percent (3F) of the internal reven"e allotment of baranga!s# m"nicipalities and cities shall be allocated for the strengthening and implementation of the programs of the =,$,: $rovided# That the disb"rsement of the f"nd shall be made b! the =D* concerned. SEC. .3. Appointment of Local Social "elfare and De!elopment 'fficer. - All =D*s shall appoint a d"l! licensed social worker as its local social welfare and development officer tasked to assist children in conflict with the law. SEC. .5. The Sangguniang (abataan. - The Sangg"niang Gabataan (SG) shall coordinate with the =,$, in the form"lation and implementation of '"venile intervention and diversion programs in the comm"nit!. C"APTER 1 C$%PRE"ENS!&E '(&EN! E !NTER&ENT!$N PR$#RA% SEC. .6. De!elopment of a Comprehensi!e u!enile )nter!ention Program. - A ,omprehensive '"venile intervention program covering at least a 7-!ear period shall be instit"ted in =D*s from the baranga! to the provincial level. The =D*s shall set aside an amo"nt necessar! to implement their respective '"venile intervention programs in their ann"al b"dget. The =D*s# in coordination with the =,$,# shall call on all sectors concerned# partic"larl! the child-foc"sed instit"tions# +DAs# people.s organi ations# ed"cational instit"tions and government agencies involved in delin8"enc! prevention to participate in the planning

process and implementation of '"venile intervention programs. S"ch programs shall be implemented consistent with the national program form"lated and designed b! the ??/,. The implementation of the comprehensive '"venile intervention program shall be reviewed and assessed ann"all! b! the =D*s in coordination with the =,$,. -es"lts of the assessment shall be s"bmitted b! the provincial and cit! governments to the ??/, not later than March 7) of ever! !ear. SEC. .9. Community*based Programs on u!enile ustice and "elfare. - ,omm"nit!based programs on '"venile '"stice and welfare shall be instit"ted b! the =D*s thro"gh the =,$,# school# !o"th organi ations and other concerned agencies. The =D*s shall provide comm"nit!-based services which respond to the special needs# problems# interests and concerns of children and which offer appropriate co"nseling and g"idance to them and their families. These programs shall consist of three levels: (a) $rimar! intervention incl"des general meas"res to promote social '"stice and e8"al opport"nit!# which tackle perceived root ca"ses of offending5 (b) Secondar! intervention incl"des meas"res to assist children at risk5 and (c) Tertiar! intervention incl"des meas"res to avoid "nnecessar! contact with the formal '"stice s!stem and other meas"res to prevent 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 determined that the child taken into c"stod! is fifteen (39) !ears old or below# the a"thorit! which will have an initial contact with the child has the d"t! to immediatel! release the child to the c"stod! of his&her parents or g"ardian# or in the absence thereof# the child.s nearest relative. Said a"thorit! shall give notice to the local social welfare and development officer who will determine the appropriate programs in cons"ltation with the child and to the person having c"stod! over the child. If the parents# g"ardians or nearest relatives cannot be located# or if the! ref"se to take c"stod!# the child ma! be released to an! of the following: a d"l! registered nongovernmental or religio"s organi ation5 a baranga! official or a member of the 2aranga! ,o"ncil for the $rotection of ,hildren (2,$,)5 a local social welfare and development officer5 or when and where appropriate# the >S/>. If the child referred to herein has been fo"nd b! the =ocal Social /elfare and >evelopment Affice to be abandoned# neglected or ab"sed b! his parents# or in the event that the parents will not compl! with the prevention program# the proper petition for invol"ntar! commitment shall be filed b! the >S/> or the =ocal Social /elfare and >evelopment Affice p"rs"ant to $residential >ecree +o. :)7# otherwise #known as 1The ,hild and Bo"th /elfare ,ode1.

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. - 0rom the moment a child is taken into c"stod!# the law enforcement officer shall: (a) @%plain to the child in simple lang"age and in a dialect that he&she can "nderstand wh! he&she is being placed "nder c"stod! and the offense that he&she allegedl! committed5 (b) Inform the child of the reason for s"ch c"stod! and advise the child of his&her constit"tional rights in a lang"age or dialect "nderstood b! him&her5 (e) $roperl! identif! himself&herself and present proper identification to the child5 (d) -efrain from "sing v"lgar or profane words and from se%"all! harassing or ab"sing# or making se%"al advances on the child in conflict with the law5 (e) Avoid displa!ing or "sing an! firearm# weapon# handc"ffs or other instr"ments of force or restraint# "nless absol"tel! necessar! and onl! after all other methods of control have been e%ha"sted and have failed5 (f) -efrain from s"b'ecting the child in conflict with the law to greater restraint than is necessar! for his&her apprehension5 (g) Avoid violence or "nnecessar! force5 (h) >etermine the age of the child p"rs"ant to Section ; of this Act5 (i) Immediatel! b"t not later than eight (4) ho"rs after apprehension# t"rn over c"stod! of the child to the Social /elfare and >evelopment Affice or other accredited +DAs# and notif! the child.s apprehension. The social welfare and development officer shall e%plain to the child and the child.s parents&g"ardians the conse8"ences of the child.s act with a view towards co"nseling and rehabilitation# diversion from the criminal '"stice s!stem# and reparation# if appropriate5 (') Take the child immediatel! to the proper medical and health officer for a thoro"gh ph!sical and mental e%amination. The e%amination res"lts shall be kept confidential "nless otherwise ordered b! the 0amil! ,o"rt. /henever the medical treatment is re8"ired# steps shall be immediatel! "ndertaken to provide the same5 (k) @ns"re that sho"ld detention of the child in conflict with the law be necessar!# the child shall be sec"red in 8"arters separate from that of the opposite se% and ad"lt offenders5 (l) -ecord the following in the initial investigation: 3. /hether handc"ffs or other instr"ments of restraint were "sed# and if so# the reason for s"ch5

6. That the parents or g"ardian of a child# the >S/># and the $A) have been informed of the apprehension and the details thereof5 and 7. The e%ha"stion of meas"res to determine the age of a child and the precise details of the ph!sical and medical e%amination or the fail"re to s"bmit a child to s"ch e%amination5 and (m) @ns"re that all statements signed b! the child d"ring investigation shall be witnessed b! the child.s parents or g"ardian# social worker# or legal co"nsel in attendance who shall affi% his&her signat"re to the said statement. A child in conflict with the law shall onl! be searched b! a law enforcement officer of the same gender and shall not be locked "p in a detention cell. SEC. 11. Duties During )nitial )n!estigation. - The law enforcement officer shall# in his&her investigation# determine where the case involving the child in conflict with the law sho"ld be referred. The taking of the statement of the child shall be cond"cted in the presence of the following: (3) child.s co"nsel of choice or in the absence thereof# a law!er from the $"blic Attorne!.s Affice5 (6) the child.s parents# g"ardian# or nearest relative# as the case ma! be5 and (7) the local social welfare and development officer. In the absence of the child.s parents# g"ardian# or nearest relative# and the local social welfare and development officer# the investigation shall be cond"cted in the presence of a representative of an +DA# religio"s gro"p# or member of the 2,$,. After the initial investigation# the local social worker cond"cting the same ma! do either of the following: (a) $roceed in accordance with Section 6) if the child is fifteen (39) !ears or below or above fifteen (39) b"t below eighteen (34) !ears old# who acted witho"t discernment5 and (b) If the child is above fifteen (39) !ears old b"t below eighteen (34) and who acted with discernment# proceed to diversion "nder the following chapter. C"APTER 1 )!&ERS!$N SEC. 13. System of Di!ersion. - ,hildren in conflict with the law shall "ndergo diversion programs witho"t "ndergoing co"rt proceedings s"b'ect to the conditions herein provided: (a) /here the imposable penalt! for the crime committee is not more than si% (:) !ears imprisonment# the law enforcement officer or $"nong 2aranga! with the assistance of the local social welfare and development officer or other members of the =,$, shall cond"ct mediation# famil! conferencing and conciliation and# where appropriate# adopt indigeno"s modes of conflict resol"tion in accordance with the best interest of the child with a view to accomplishing the ob'ectives of restorative '"stice and the form"lation of a diversion program. The child and his&her famil! shall be present in these activities.

(b) In victimless crimes where the imposable penalt! is not more than si% (:) !ears imprisonment# the local social welfare and development officer shall meet with the child and his&her parents or g"ardians for the development of the appropriate diversion and rehabilitation program# in coordination with the 2,$,5 (c) /here the imposable penalt! for the crime committed e%ceeds si% (:) !ears imprisonment# diversion meas"res ma! be resorted to onl! b! the co"rt. SEC. 14. Stages "here Di!ersion May be Conducted. - >iversion ma! be cond"cted at the Gatar"ngang $ambaranga!# the police investigation or the in8"est or preliminar! investigation stage and at all 3evels and phases of the proceedings incl"ding '"dicial level. SEC. 14. Conferencing- Mediation and Conciliation. - A child in conflict with law ma! "ndergo conferencing# mediation or conciliation o"tside the criminal '"stice s!stem or prior to his entr! into said s!stem. A contract of diversion ma! be entered into d"ring s"ch conferencing# mediation or conciliation proceedings. SEC. 13. Contract of Di!ersion. - If d"ring the conferencing# mediation or conciliation# the child vol"ntaril! admits the commission of the act# a diversion program shall be developed when appropriate and desirable as determined "nder Section 7). S"ch admission shall not be "sed against the child in an! s"bse8"ent '"dicial# 8"asi-'"dicial or administrative proceedings. The diversion program shall be effective and binding if accepted b! the parties concerned. The acceptance shall be in writing and signed b! the parties concerned and the appropriate a"thorities. The local social welfare and development officer shall s"pervise the implementation of the diversion program. The diversion proceedings shall be completed within fort!-five ((9) da!s. The period of prescription of the offense shall be s"spended "ntil the completion of the diversion proceedings b"t not to e%ceed fort!-five ((9) da!s. The child shall present himself&herself to the competent a"thorities that imposed the diversion program at least once a month for reporting and eval"ation of the effectiveness of the program. 0ail"re to compl! with the terms and conditions of the contract of diversion# as certified b! the local social welfare and development officer# shall give the offended part! the option to instit"te the appropriate legal action. The period of prescription of the offense shall be s"spended d"ring the effectivit! of the diversion program# b"t not e%ceeding a period of two (6) !ears. SEC. 15. Duty of the Punong +arangay "hen There is .o Di!ersion. - If the offense does not fall "nder Section 67(a) and (b)# or if the child# his&her parents or g"ardian does not consent to a diversion# the $"nong 2aranga! handling the case shall# within three (7) da!s from determination of the absence of '"risdiction over the case or termination of the diversion proceedings# as the case ma! be# forward the records of the case of the child to the law enforcement officer# prosec"tor or the appropriate co"rt# as the case ma! be. *pon the iss"ance of the corresponding doc"ment# certif!ing to the fact that no agreement has been reached b! the parties# the case shall be filed according to the reg"lar process. SEC. 16. Duty of the Law &nforcement 'fficer "hen There is .o Di!ersion. - If the offense does not fall "nder Section 67(a) and (b)# or if the child# his&her parents or g"ardian does not consent to a diversion# the /omen and ,hildren $rotection >esk of the $+$# or other law enforcement officer handling the case of the child "nder c"stod!# to the prosec"tor

or '"dge concerned for the cond"ct of in8"est and&or preliminar! investigation to determine whether or not the child sho"ld remain "nder c"stod! and correspondingl! charged in co"rt. The doc"ment transmitting said records shall displa! the word 1,CI=>1 in bold letters. SEC. 19. %actors in Determining Di!ersion Program. - In determining whether diversion is appropriate and desirable# the following factors shall be taken into consideration: (a) The nat"re and circ"mstances of the offense charged5 (b) The fre8"enc! and the severit! of the act5 (c) The circ"mstances of the child (e.g. age# mat"rit!# intelligence# etc.)5 (d) The infl"ence of the famil! and environment on the growth of the child5 (e) The reparation of in'"r! to the victim5 (f) The weight of the evidence against the child5 (g) The safet! of the comm"nit!5 and (h) The best interest of the child. SEC. 32. %ormulation of the Di!ersion Program. - In form"lating a diversion program# the individ"al characteristics and the pec"liar circ"mstances of the child in conflict with the law shall be "sed to form"late an individ"ali ed treatment. The following factors shall be considered in form"lating a diversion program for the child: (a) The child.s feelings of remorse for the offense he&she committed5 (b) The parents. or legal g"ardians. abilit! to g"ide and s"pervise the child5 (c) The victim.s view abo"t the propriet! of the meas"res to be imposed5 and (d) The availabilit! of comm"nit!-based programs for rehabilitation and reintegration of the child. SEC. 3.. (inds of Di!ersion Programs. - The diversion program shall incl"de ade8"ate socio-c"lt"ral and ps!chological responses and services for the child. At the different stages where diversion ma! be resorted to# the following diversion programs ma! be agreed "pon# s"ch as# b"t not limited to: (a) At the level of the $"nong 2aranga!: (3) -estit"tion of propert!5 (6) -eparation of the damage ca"sed5 (7) Indemnification for conse8"ential damages5

(() /ritten or oral apolog!5 (9) ,are# g"idance and s"pervision orders5 (:) ,o"nseling for the child in conflict with the law and the child.s famil!5 (;)Attendance in trainings# seminars and lect"res on: (i) anger management skills5 (ii) problem solving and&or conflict resol"tion skills5 (iii) val"es formation5 and (iv) other skills which will aid the child in dealing with sit"ations which can lead to repetition of the offense5 (4) $articipation in available comm"nit!-based programs# incl"ding comm"nit! service5 or (<) $articipation in ed"cation# vocation and life skills programs. (b) At the level of the law enforcement officer and the prosec"tor: (3) >iversion programs specified "nder paragraphs (a)(3) to (a)(<) herein5 and (6) ,onfiscation and forfeit"re of the proceeds or instr"ments of the crime5 (c) At the level of the appropriate co"rt: (3) >iversion programs specified "nder paragraphs(a)and (b) above5 (6) /ritten or oral reprimand or citation5 (7) 0ine: (() $a!ment of the cost of the proceedings5 or (9) Instit"tional care and c"stod!. C"APTER 3 PR$SEC(T!$N SEC. 31. Duty of the Prosecutor/s 'ffice. - There shall be a speciall! trained prosec"tor to cond"ct in8"est# preliminar! investigation and prosec"tion of cases involving a child in conflict with the law. If there is an allegation of tort"re or ill-treatment of a child in conflict with the law d"ring arrest or detention# it shall be the d"t! of the prosec"tor to investigate the same.

SEC. 33. Preliminary )n!estigation and %iling of )nformation. - The prosec"tor shall cond"ct a preliminar! investigation in the following instances: (a) when the child in conflict with the law does not 8"alif! for diversion: (b) when the child# his&her parents or g"ardian does not agree to diversion as specified in Sections 6; and 645 and (c) when considering the assessment and recommendation of the social worker# the prosec"tor determines that diversion is not appropriate for the child in conflict with the law. *pon serving the s"bpoena and the affidavit of complaint# the prosec"tor shall notif! the $"blic Attorne!.s Affice of s"ch service# as well as the personal information# and place of detention of the child in conflict with the law. *pon determination of probable ca"se b! the prosec"tor# the information against the child shall be filed before the 0amil! ,o"rt within fort!-five ((9) da!s from the start of the preliminar! investigation. C"APTER 4 C$(RT PR$CEE)!N#S SEC. 34. +ail. - 0or p"rposes of recommending the amo"nt of bail# the privileged mitigating circ"mstance of minorit! shall be considered. SEC. 34. Release on Recogni0ance. - /here a child is detained# the co"rt shall order: (a) the release of the minor on recogni ance to his&her parents and other s"itable person5 (b) the release of the child in conflict with the law on bail5 or (c) the transfer of the minor to a !o"th detention home&!o"th rehabilitation center. The co"rt shall not order the detention of a child in a 'ail pending trial or hearing of his&her case. SEC. 33. Detention of the Child Pending Trial. - ,hildren detained pending trial ma! be released on bail or recogni ance as provided for "nder Sections 7( and 79 "nder this Act. In all other cases and whenever possible# detention pending trial ma! be replaced b! alternative meas"res# s"ch as close s"pervision# intensive care or placement with a famil! or in an ed"cational setting or home. Instit"tionali ation or detention of the child pending trial shall be "sed onl! as a meas"re of last resort and for the shortest possible period of time. /henever detention is necessar!# a child will alwa!s be detained in !o"th detention homes established b! local governments# p"rs"ant to Section 4 of the 0amil! ,o"rts Act# in the cit! or m"nicipalit! where the child resides. In the absence of a !o"th detention home# the child in conflict with the law ma! be committed to the care of the >S/> or a local rehabilitation center recogni ed b! the government in the province# cit! or m"nicipalit! within the '"risdiction of the co"rt. The center or agenc! concerned shall be responsible for the child.s appearance in co"rt whenever re8"ired. SEC. 35. Di!ersion Measures. - /here the ma%im"m penalt! imposed b! law for the offense with which the child in conflict with the law is charged is imprisonment of not more

than twelve (36) !ears# regardless of the fine or fine alone regardless of the amo"nt# and before arraignment of the child in conflict with the law# the co"rt shall determine whether or not diversion is appropriate. SEC. 36. Automatic Suspension of Sentence. - Ance the child who is "nder eighteen (34) !ears of age at the time of the commission of the offense is fo"nd g"ilt! of the offense charged# the co"rt shall determine and ascertain an! civil liabilit! which ma! have res"lted from the offense committed. Cowever# instead of prono"ncing the '"dgment of conviction# the co"rt shall place the child in conflict with the law "nder s"spended sentence# witho"t need of application: Provided# however# That s"spension of sentence shall still be applied even if the '"venile is alread! eighteen !ears (34) of age or more at the time of the prono"ncement of his&her g"ilt. *pon s"spension of sentence and after considering the vario"s chc"mstances of the child# the co"rt shall impose the appropriate disposition meas"res as provided in the S"preme ,o"rt -"le on ?"veniles in ,onflict with the =aw. SEC. 39. Discharge of the Child in Conflict with the Law. - *pon the recommendation of the social worker who has c"stod! of the child# the co"rt shall dismiss the case against the child whose sentence has been s"spended and against whom disposition meas"res have been iss"ed# and shall order the final discharge of the child if it finds that the ob'ective of the disposition meas"res have been f"lfilled. The discharge of the child in conflict with the law shall not affect the civil liabilit! res"lting from the commission 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 co"rt finds that the ob'ective of the disposition meas"res imposed "pon the child in conflict with the law have not been f"lfilled# or if the child in conflict with the law has willf"ll! failed to compl! with the conditions of his&her disposition or rehabilitation program# the child in conflict with the law shall be bro"ght before the co"rt for e%ec"tion of '"dgment. If said child in conflict with the law has reached eighteen (34) !ears of age while "nder s"spended sentence# the co"rt shall determine whether to discharge the child in accordance with this Act# to order e%ec"tion of sentence# or to e%tend the s"spended sentence for a certain specified period or "ntil the child reaches the ma%im"m age of twent!-one (63) !ears. 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 f"ll time spent in act"al commitment and detention "nder this Act. SEC. 41. Probation as an Alternati!e to )mprisonment. - The co"rt ma!# after it shall have convicted and sentenced a child in conflict with the law# and "pon application at an! time# place the child on probation in lie" of service of his&her sentence taking into acco"nt the best interest of the child. 0or this p"rpose# Section ( of $residential >ecree +o. <:4# otherwise known as the 1$robation =aw of 3<;:1# is hereb! amended accordingl!. 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 proceedings involving children in conflict with the law from initial contact "ntil final disposition of the case shall be considered privileged and confidential. The p"blic shall be e%cl"ded d"ring the proceedings and the records shall not be disclosed directl! or indirectl! to an!one b! an! of the parties or the participants in the proceedings for an! p"rpose whatsoever# e%cept to determine if the child in conflict with the law ma! have his&hes sentence s"spended or if he&she ma! be granted probation "nder the $robation =aw# or to enforce the civil liabilit! imposed in the criminal action. The component a"thorities shall "ndertake all meas"res to protect this confidentialit! of proceedings# incl"ding non-disclos"re of records to the media# maintaining a separate police blotter for cases involving children in conflict with the law and adopting a s!stem of coding to conceal material information which will lead to the child.s identit!. -ecords of a child in conflict with the law shall not be "sed in s"bse8"ent proceedings for cases involving the same offender as an ad"lt# e%cept when beneficial for the offender and "pon his&her written consent. A person who has been in conflict with the law as a child shall not be held "nder an! provision of law# to be g"ilt! of per'"r! or of concealment or misrepresentation b! reason of his&her fail"re to acknowledge the case or recite an! fact related thereto in response to an! in8"ir! made to him&her for an! p"rpose.

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 provide them with interventions# approaches and strategies that will enable them to improve their social f"nctioning with the end goal of reintegration to their families and as prod"ctive members of their comm"nities. SEC. 44. Court 'rder Re2uired. - +o child shall be received in an! rehabilitation or training facilit! witho"t a valid order iss"ed b! the co"rt after a hearing for the p"rpose. The details of this order shall be immediatel! entered in a register e%cl"sivel! for children in conflict with the law. +o child shall be admitted in an! facilit! where there is no s"ch register. SEC. 43- Separate %acilities from Adults. - In all rehabilitation or training facilities# it shall be mandator! that children shall be separated from ad"lts "nless the! are members of the same famil!. *nder no other circ"mstance shall a child in conflict with the law be placed in the same confinement as ad"lts. The rehabilitation# training or confinement area of children in conflict with the law shall provide a home environment where children in conflict with the law can be provided with 8"alit! co"nseling and treatment. SEC. 45. %emale Children. - 0emale children in conflict with the law placed in an instit"tion shall be given special attention as to their personal needs and problems. The! shall be handled b! female doctors# correction officers and social workers# and shall be accommodated separatel! from male children in conflict with the law.

SEC. 46. 3ender*Sensiti!ity Training. - +o personnel of rehabilitation and training facilities shall handle children in conflict with the law witho"t having "ndergone gender sensitivit! training. SEC. 49. &stablishment of 4outh Detention 5omes. - The =D*s shall set aside an amo"nt to b"ild !o"th detention homes as mandated b! the 0amil! ,o"rts Act. Bo"th detention homes ma! also be established b! private and +DAs licensed and accredited b! the >S/># in cons"ltation with the ??/,. SEC. 42. Care and Maintenance of the Child in Conflict with the Law. - The e%penses for the care and maintenance of a child in conflict with the law "nder instit"tional care shall be borne b! his&her parents or those persons liable to s"pport him&her: Provided# That in case his&her parents or those persons liable to s"pport him&her cannot pa! all or part of said e%penses# the m"nicipalit! where the offense was committed shall pa! one-third (3&7) of said e%penses or part thereof5 the province to which the m"nicipalit! belongs shall pa! one-third (3&7) and the remaining one-third (3&7) shall be borne b! the national government. ,hartered cities shall pa! two-thirds (6&7) of said e%penses5 and in case a chartered cit! cannot pa! said e%penses# part of the internal reven"e allotments applicable to the "npaid portion shall be withheld and applied to the settlement of said obligations: Provided# further# That in the event that the child in conflict with the law is not a resident of the m"nicipalit!&cit! where the offense was committed# the co"rt# "pon its determination# ma! re8"ire the cit!&m"nicipalit! where the child in conflict with the law resides to sho"lder the cost. All cit! and provincial governments m"st e%ert effort for the immediate establishment of local detention homes 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 ma!# after conviction and "pon order of the co"rt# be made to serve his&her sentence# in lie" of confinement in a reg"lar penal instit"tion# in an agric"lt"ral camp and other training facilities that ma! be established# maintained# s"pervised and controlled b! the 2*,A-# in coordination with the >S/>. SEC. 41. Rehabilitation of Children in Conflict with the Law. - ,hildren in conflict with the law# whose sentences are s"spended ma!# "pon order of the co"rt# "ndergo an! or a combination of disposition meas"res best s"ited to the rehabilitation and welfare of the child as provided in the S"preme ,o"rt -"le on ?"veniles in ,onflict with the =aw. If the comm"nit!-based rehabilitation is availed of b! a child in conflict with the law# he&she shall be released to parents# g"ardians# relatives or an! other responsible person in the comm"nit!. *nder the s"pervision and g"idance of the local social welfare and development officer# and in coordination with his&her parents&g"ardian# the child in conflict with the law shall participate in comm"nit!-based programs# which shall incl"de# b"t not limited to: (3) ,ompetenc! and life skills development5 (6) Socio-c"lt"ral and recreational activities5 (7) ,omm"nit! vol"nteer pro'ects5

(() =eadership training5 (9) Social services5 (:) Comelife services5 (;) Cealth services5 . (4) Spirit"al enrichment5 and (<) ,omm"nit! and famil! welfare services. In accordance therewith# the famil! of the child in conflict with the law shall endeavor to activel! participate in the comm"nit!-based rehabilitation. 2ased on the progress of the !o"th in the comm"nit!# a final report will be forwarded b! the local social welfare and development officer to the co"rt for final disposition of the case. If the comm"nit!-based programs are provided as diversion meas"res "nder ,hapter II# Title E# the programs en"merated above shall be made available to the child in conflict with the law. SEC. 43. 4outh Rehabilitation Center. - The !o"th rehabilitation center shall provide 6(ho"r gro"p care# treatment and rehabilitation services "nder the g"idance of a trained staff where residents are cared for "nder a str"ct"red therape"tic environment with the end view of reintegrating them in their families and comm"nities as sociall! f"nctioning individ"als. A 8"arterl! report shall be s"bmitted b! the center to the proper co"rt on the progress of the children in conflict with the law. 2ased on the progress of the !o"th in the center# a final report will be forwarded to the co"rt for final disposition of the case. The >S/> shall establish !o"th rehabilitation centers in each region of the co"ntr!. SEC. 44. 'b1ecti!es of Community +ased Programs. - The ob'ectives of comm"nit!based programs are as follows: (a) $revent disr"ption in the ed"cation or means of livelihood of the child in conflict with the law in case he&she is st"d!ing# working or attending vocational learning instit"tions5 (b) $revent separation of the child in conflict with the law from his&her parents&g"ardians to maintain the s"pport s!stem fostered b! their relationship and to create greater awareness of their m"t"al and reciprocal responsibilities5 (c) 0acilitate the rehabilitation and mainstreaming of the child in conflict with the law and enco"rage comm"nit! s"pport and involvement5 and (d) Minimi e the stigma that attaches to the child in conflict with the law b! preventing 'ail detention. SEC. 44. Criteria of Community*+ased Programs. - @ver! =D* shall establish comm"nit!based programs that will foc"s on the rehabilitation and reintegration of the child. All programs shall meet the criteria to be established b! the ??/, which shall take into acco"nt

the p"rpose of the program# the need for the consent of the child and his&her parents or legal g"ardians# and the participation of the child-centered agencies whether p"blic or private. SEC. 43. After*Care Support Ser!ices for Children in Conflict with the Law. - ,hildren in conflict with the law whose cases have been dismissed b! the proper co"rt beca"se of good behavior as per recommendation of the >S/> social worker and&or an! accredited +DA !o"th rehabilitation center shall be provided after-care services b! the local social welfare and development officer for a period of at least si% (:) months. The service incl"des co"nseling and other comm"nit!-based services designed to facilitate social reintegration# prevent re-offending and make the children prod"ctive members of the comm"nit!.

T!T E &!! #ENERA PR$&!S!$NS C"APTER . E8E%PT!N# PR$&!S!$NS SEC. 67. Status 'ffenees. - An! cond"ct not considered an offense or not penali ed if committed b! an ad"lt shall not be considered an offense and shall not be p"nished if committed b! a child. SEC. 68. 'ffenses .ot Applicable to Children. - $ersons below eighteen (34) !ears of age shall be e%empt from prosec"tion for the crime of vagranc! and prostit"tion "nder Section 6)6 of the -evised $enal ,ode# of mendicanc! "nder $residential >ecree +o. 39:7# and sniffing of r"gb! "nder $residential >ecree +o. 3:3<# s"ch prosec"tion being inconsistent with the *nited +ations ,onvention on the -ights of the ,hild: Provided# That said persons shall "ndergo appropriate co"nseling and treatment program. SEC. 69. &:emption from the Application of Death Penalty. - The provisions of the -evised $enal ,ode# as amended# -ep"blic Act +o. <3:9# otherwise known as the ,omprehensive >angero"s >r"gs Act of 6))6# and other special laws notwithstanding# no death penalt! shall be imposed "pon children in conflict with the law. C"APTER 1 PR$"!B!TE) ACTS SEC. ;<. Prohibition Against Labeling and Shaming. - In the cond"ct of the proceedings beginning from the initial contact with the child# the competent a"thorities m"st refrain from branding or labeling children as !o"ng criminals# '"venile delin8"ents# prostit"tes or attaching to them in an! manner an! other derogator! names. =ikewise# no discriminator! remarks and practices shall be allowed partic"larl! with respect to the child.s class or ethnic origin. SEC. ;=. 'ther Prohibited Acts. - The following and an! other similar acts shall be considered pre'"dicial and detrimental to the ps!chological# emotional# social# spirit"al# moral and ph!sical health and well-being of the child in conflict with the law and therefore# prohibited:

(a) @mplo!ment of threats of whatever kind and nat"re5 (b) @mplo!ment of ab"sive# coercive and p"nitive meas"res s"ch as c"rsing# beating# stripping# and solitar! confinement5 (c) @mplo!ment of degrading# inh"man end cr"el forms of p"nishment s"ch as shaving the heads# po"ring irritating# corrosive or harmf"l s"bstances over the bod! of the child in conflict with the law# or forcing him&her to walk aro"nd the comm"nit! wearing signs which embarrass# h"miliate# and degrade his&her personalit! and dignit!5 and (d) ,ompelling the child to perform invol"ntar! servit"de in an! and all forms "nder an! 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. An! person who violates an! provision of this Act or an! r"le or reg"lation prom"lgated in accordance thereof shall# "pon conviction for each act or omission# be p"nished b! a fine of not less than Twent! tho"sand pesos ($6)#))).))) b"t not more than 0ift! tho"sand pesos ($9)#))).))) or s"ffer imprisonment of not less than eight (4) !ears b"t not more than ten (3)) !ears# or both s"ch fine and imprisonment at the discretion of the co"rt# "nless a higher penalt! is provided for in the -evised $enal ,ode or special laws. If the offender is a p"blic officer or emplo!ee# he&she shall# in addition to s"ch fine and&or imprisonment# be held administrativel! liable and shall s"ffer the penalt! of perpet"al absol"te dis8"alification. C"APTER 4 APPR$PR!AT!$N PR$&!S!$N SEC. 33. Appropriations. - The amo"nt necessar! to carr! o"t the initial implementation of this Act shall be charged to the Affice of the $resident. Thereafter# s"ch s"ms as ma! be necessar! for the contin"ed implementation of this Act shall be incl"ded in the s"cceeding Deneral Appropriations Act. An initial amo"nt of 0ift! million pesos ($9)#)))#))).))) for the p"rpose of setting "p the ??/, shall be taken from the proceeds of the $hilippine ,harit! Sweepstakes Affice.

T!T E &!!! TRANS!T$R, PR$&!S!$NS SEC. 34. Children in Conflict with the Law %ifteen #=6$ 4ears 'ld and +elow. - *pon effectivit! of this Act# cases of children fifteen (39) !ears old and below at the time of the commission of the crime shall immediatel! be dismissed and the child shall be referred to the appropriate local social welfare and development officer. S"ch officer# "pon thoro"gh assessment of the child# shall determine whether to release the child to the c"stod! of his&her parents# or refer the child to prevention programs as provided "nder this Act. Those

with s"spended sentences and "ndergoing rehabilitation at the !o"th rehabilitation center shall likewise be released# "nless it is contrar! to the best interest of the child. SEC. 34. Children Detained Pending Dial. - If the child is detained pending trial# the 0amil! ,o"rt shall also determine whether or not contin"ed detention is necessar! and# if not# determine appropriate alternatives for detention. If detention is necessar! and he&she is detained with ad"lts# the co"rt shall immediatel! order the transfer of the child to a !o"th detention home. SEC. 33. )n!entory of @Loc,ed*up@ and Detained Children in Conflict with the Law. The $+$# the 2?M$ and the 2*,A- are hereb! directed to s"bmit to the ??/,# within ninet! (<)) da!s from the effectivit! of this Act# an inventor! of all children in conflict with the law "nder their c"stod!. 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 (34) !ears pending diversion and co"rt proceedings# the appropriate diversion a"thorit! in cons"ltation with the local social welfare and development officer or the 0amil! ,o"rt in cons"ltation with the Social Services and ,o"nseling >ivision (SS,>) of the S"preme ,o"rt# as the case ma! be# shall determine the appropriate disposition. In case the appropriate co"rt e%ec"tes the '"dgment of conviction# and "nless the child in conflict the law has alread! availed of probation "nder $residential >ecree +o. :)7 or other similar laws# the child ma! appl! for probation if 8"alified "nder the provisions of the $robation =aw.

SEC. 68. Children Who Have Been Convicted and are Serving Sentence. - Persons who have been convicted and are serving sentence at the time of the effectivity of this Act, and who were below the age of eighteen (1 ! years at the time the commission of the offense for which they were convicted and are serving sentence, shall li"ewise benefit from the retroactive a##lication of this Act. $hey shall be entitled to a##ro#riate dis#ositions #rovided under this Act and their sentences shall be ad%usted accordingly. $hey shall be immediately released if they are so &ualified under this Act or other a##licable law.
T!T E !8 +!NA PR$&!S!$NS SEC. 39. Rule Ma,ing Power. - The ??/, shall iss"e the I--s for the implementation of the provisions of this act within ninet! (<)) da!s from the effectivit! thereof. SEC. 52. Separability Clause. - If# for an! reason# an! section or provision of this Act is declared "nconstit"tional or invalid b! the S"preme ,o"rt# the other sections or provisions hereof not dfected b! s"ch declaration shall remain in force and effect. SEC. 5.. Repealing Clause. - All e%isting laws# orders# decrees# r"les and reg"lations or parts thereof inconsistent with the provisions of this Act are hereb! repealed or modified accordingl!.

SEC. 51. &ffecti!ity. - This Act shall take effect after fifteen (39) da!s from its p"blication in at least two (6) national newspapers of general circ"lation.