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!TE !
#$&ERN!N# PR!NC!PES
C"APTER .
T!TE- P$!C, AN) )E+!N!T!$N $+ TER%S
Section .. Short Title and Scope. - This Act shall be known as the /'u0enile 'ustice
and *elfare Act of 1223./ It shall cover the different stages involving children at risk
and children in conflict with the law fro !revention to rehabilitation and reintegration.
SEC. 1. Declaration of State Policy. - The following "tate !olicies shall be observed at
all ties:
#a$ The "tate recogni%es the vital role of children and youth in nation building and
shall !roote and !rotect their !hysical, oral, s!iritual, intellectual and social
well-being. It shall inculcate in the youth !atriotis and nationalis, and
encourage their involveent 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 hiself(herself freely. The
!artici!ation of children in the !rogra and !olicy forulation and
i!leentation related to )uvenile )ustice and welfare shall be ensured by the
concerned governent 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 fors 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 !rootion of the child0s sense of dignity and worth,
taking into account the child0s age and desirability of !rooting 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 huan 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, aong others, a variety of dis!osition easures such as care,
guidance and su!ervision orders, counseling, !robation, foster care, education
and vocational training !rogras and other alternatives to institutional care.
#e$ The adinistration 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 Muslis, consistent with the
!rotection of the rights of children belonging to these counities.
#f$ The "tate shall a!!ly the !rinci!les of restorative )ustice in all its laws, !olicies
and !rogras 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!leenting rules and regulations #I//s$,
shall be construed liberally in favor of the child in conflict with the law.
SEC. 4. Definition of Terms. - The following ters as used in this Act shall be defined
as follows:
#a$ 3Bail3 refers to the security given for the release of the !erson in custody of
the law, furnished by hi(her or a bondsan, 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 circustances 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 eotional develo!ent. It also eans the least detriental 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
coitting criinal offenses because of !ersonal, faily and social
circustances, such as, but not liited to, the following:
#4$ being abused by any !erson through se'ual, !hysical, !sychological,
ental, econoic 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 econoically6
#8$ being abandoned or neglected, and after diligent search and in9uiry,
the !arent or guardian cannot be found6
#*$ coing fro a dysfunctional or broken faily or without a !arent or
guardian6
#:$ being out of school6
#;$ being a streetchild6
#<$ being a eber of a gang6
#5$ living in a counity with a high level of criinality or drug abuse6 and
#=$ living in situations of ared conflict.
#e$ 3.hild in .onflict with the >aw3 refers to a child who is alleged as, accused of,
or ad)udged as, having coitted an offense under &hili!!ine laws.
#f$ 3.ounity-based &rogras3 refers to the !rogras !rovided in a counity
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
faily and(or counity.
#g$ 3.ourt3 refers to a faily court or, in !laces where there are no faily courts,
any regional trial court.
#h$ 3?e!rivation of >iberty3 refers to any for of detention or i!risonent, or to
the !laceent 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 !eritted to leave at will
by order of any )udicial or adinistrative authority.
#i$ 3?iversion3 refers to an alternative, child-a!!ro!riate !rocess of deterining
the res!onsibility and treatent of a child in conflict with the law on the basis of
his(her social, cultural, econoic, !sychological or educational background
without resorting to foral court !roceedings.
#)$ 3?iversion &rogra3 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 foral 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 enforceent officers or !rivate
citi%ens. It includes the tie 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
.riinal &rocedure or suons under "ection ;#a$ or "ection =#b$ of the sae
/ule in cases that do not re9uire !reliinary investigation or where there is no
necessity to !lace the child alleged to be in conflict with the law under iediate
custody.
#I$ 3Intervention3 refers to a series of activities which are designed to address
issues that caused the child to coit an offense. It ay take the for of an
individuali%ed treatent !rogra which ay include counseling, skills training,
education, and other activities that will enhance his(her !sychological, eotional
and !sycho-social well-being.
#$ 3Juvenile Justice and 1elfare "yste3 refers to a syste dealing with
children at risk and children in conflict with the law, which !rovides child-
a!!ro!riate !roceedings, including !rogras and services for !revention,
diversion, rehabilitation, re-integration and aftercare to ensure their noral
growth and develo!ent.
#n$ 3>aw @nforceent 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 oission whether !unishable under s!ecial laws
or the /evised &enal .ode, as aended.
#!$ 3/ecogni%ance3 refers to an undertaking in lieu of a bond assued 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'iu involveent of the victi, the offender and
the counity. It seeks to obtain re!aration for the victi6 reconciliation of the
offender, the offended and the counity6 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 counity in !revention strategies.
#r$ 3"tatus Affenses3 refers to offenses which discriinate only against a child,
while an adult does not suffer any !enalty for coitting siilar acts. These shall
include curfew violations6 truancy, !arental disobedience and the like.
#s$ 3Bouth ?etention Coe3 refers to a 7*-hour child-caring institution anaged
by accredited local governent units #>D,s$ and licensed and(or accredited
nongovernent 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!artent of "ocial 1elfare and ?evelo!ent #?"1?$,
>D,s, licensed and(or accredited -DAs onitored by the ?"1?, which
!rovides care, treatent and rehabilitation services for children in conflict with
the law. /ehabilitation services are !rovided under the guidance of a trained staff
where residents are cared for under a structured thera!eutic environent with
the end view of reintegrating the into their failies and counities as socially
functioning individuals. &hysical obility of residents of said centers ay be
restricted !ending court dis!osition of the charges against the.
#u$ 3Eictiless .ries3 refers to offenses where there is no !rivate offended
!arty.
C"APTER 1
PR!NC!PES !N T"E A)%!N!STRAT!$N $+ '(&EN!E '(ST!CE AN) *E+ARE
SEC. 4. Rights of the Child in Conflict with the Law. - @very child in conflict with the
law shall have the following rights, including but not liited to:
#a$ the right not to be sub)ected to torture or other cruel, inhuan or degrading
treatent or !unishent6
#b$ the right not to be i!osed a sentence of ca!ital !unishent or life
i!risonent, without the !ossibility of release6
#c$ the right not to be de!rived, unlawfully or arbitrarily, of his(her liberty6
detention or i!risonent being a dis!osition of last resort, and which shall be
for the shortest a!!ro!riate !eriod of tie6
#d$ the right to be treated with huanity 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 ties. -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 faily through
corres!ondence and visits, save in e'ce!tional circustances6
#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'aination 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 sae6
#)$ the right to be i!osed a )udgent 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 liited to the
iniu, and where discretion is given by law to the )udge to deterine whether
to i!ose fine or i!risonent, the i!osition of fine being !referred as the
ore a!!ro!riate !enalty6
#I$ in general, the right to autoatic sus!ension of sentence6
#$ the right to !robation as an alternative to i!risonent, if 9ualified under the
&robation >aw6
#n$ the right to be free fro liability for !er)ury, concealent or isre!resentation6
and
#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 Miniu /ules
for the Adinistration 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 tie of the coission of the offense shall be e'e!t fro criinal 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 criinal liability and be sub)ected to an intervention !rogra, unless
he(she has acted with discernent, 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 criinal 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 deterined fro the child0s birth certificate, ba!tisal certificate or any other
!ertinent docuents. In the absence of these docuents, age ay be based on
inforation fro the child hiself(herself, testionies 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
inforation in any a!!ro!riate court ay file a case in a suary !roceeding for the
deterination of age before the 2aily .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 deterine the age of the child in the
sae 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 enforceent officers, !rosecutors, )udges and other governent
officials concerned shall e'ert all efforts at deterining the age of the child in conflict
with the law.
T!TE !!
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!artent of Justice
and !laced under its adinistrative su!ervision. The JJ1. shall be chaired by an
undersecretary of the ?e!artent of "ocial 1elfare and ?evelo!ent. It shall ensure
the effective i!leentation of this Act and coordination aong the following agencies:
#a$ .ouncil for the 1elfare of .hildren #.1.$6
#b$ ?e!artent of @ducation #?e!@d$6
#c$ ?e!artent of the Interior and >ocal Dovernent #?I>D$6
#d$ &ublic Attorney0s Affice #&AA$6
#e$ Bureau of .orrections #B,.A/$6
#f$ &arole and &robation Adinistration #&&A$
#g$ -ational Bureau of Investigation #-BI$6
#h$ &hili!!ine -ational &olice #&-&$6.
#i$ Bureau of Jail Manageent and &enology #BJM&$6
#i$ .oission on Cuan /ights #.C/$6
#k$ Technical @ducation and "kills ?evelo!ent Authority #T@"?A$6
#l$ -ational Bouth .oission #-B.$6 and
#$ Ather institutions focused on )uvenile )ustice and intervention !rogras.
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!artents or
agencies:
#a$ ?e!artent of Justice #?AJ$6
#b$ ?e!artent of "ocial 1elfare and ?evelo!ent #?"1?$6
#c$ .ouncil for the 1elfare of .hildren #.1.$
#d$ ?e!artent of @ducation #?e!@d$6
#e$ ?e!artent of the Interior and >ocal Dovernent #?I>D$
#f$ .oission on Cuan /ights #.C/$6
#g$ -ational Bouth .oission #-B.$6 and
#h$ 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
deterine the organi%ational structure and staffing !attern of the JJ1..
The JJ1. shall coordinate with the Affice of the .ourt Adinistrator and the &hili!!ine
Judicial Acadey 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!leentation of this Act6
#b$ To advise the &resident on all atters and !olicies relating to )uvenile )ustice
and welfare6
#c$ To assist the concerned agencies in the review and redrafting of e'isting
!olicies(regulations or in the forulation 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 governent agencies concerned,
-DAs and youth organi%ations6
#e$ To coordinate the i!leentation of the )uvenile intervention !rogras and
activities by national governent agencies and other activities which ay have
an i!ortant bearing on the success of the entire national )uvenile intervention
!rogra. All !rogras relating to )uvenile )ustice and welfare shall be ado!ted in
consultation with the JJ1.6
#f$ To forulate and recoend !olicies and strategies in consultation with
children for the !revention of )uvenile delin9uency and the adinistration of
)ustice, as well as for the treatent and rehabilitation of the children in conflict
with the law6
#g$ To collect relevant inforation and conduct continuing research and su!!ort
evaluations and studies on all atters relating to )uvenile )ustice and welfare,
such as but not liited to:
#4$ the !erforance and results achieved by )uvenile intervention
!rogras and by activities of the local governent units and other
governent agencies6
#7$ the !eriodic trends, !robles and causes of )uvenile delin9uency and
cries6 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!roveent of the
adinistration 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 recoendations to a!!ro!riate agencies6
#i$ To initiate and coordinate the conduct of trainings for the !ersonnel of the
agencies involved in the adinistration of the )uvenile )ustice and welfare syste
and the )uvenile intervention !rogra6
#)$ To subit an annual re!ort to the &resident on the i!leentation of this Act6
and
#k$ To !erfor such other functions as ay be necessary to i!leent the
!rovisions of this Act.
SEC. .2. Policies and Procedures on u!enile ustice and "elfare. - All
governent agencies enuerated 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
.oission on Cuan /ights shall ensure that the status, rights and interests of
children are u!held in accordance with the .onstitution and international instruents on
huan rights. The .C/ shall strengthen the onitoring of governent co!liance of all
treaty obligations, including the tiely and regular subission of re!orts before the
treaty bodies, as well as the i!leentation and disseination of recoendations
and conclusions by governent agencies as well as -DAs and civil society.
T!TE !!!
PRE&ENT!$N $+ '(&EN!E )E!N7(ENC,
C"APTER .
T"E R$E $+ T"E )!++ERENT SECT$RS
SEC. .1. The %amily. - The faily shall be res!onsible for the !riary 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 faily.
SEC. .3. The &ducational System. - @ducational institutions shall work together with
failies, counity 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 schees 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 non- foral education
accreditation e9uivalency syste.
SEC. .4. The Role of the Mass Media. - The ass edia shall !lay an active role in
the !rootion 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 !riordial and !araount 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 governent, and where they have already been established, they shall
be strengthened within one #4$ year fro the effectivity of this Act. Mebershi! in the
>.&. shall be chosen fro aong the res!onsible ebers of the counity,
including a re!resentative fro the youth sector, as well as re!resentatives fro
governent and !rivate agencies concerned with the welfare of children.
The local council shall serve as the !riary 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!leentation.
Ane !ercent #4F$ of the internal revenue allotent of barangays, unici!alities and
cities shall be allocated for the strengthening and i!leentation of the !rogras of the
>.&.: &rovided, That the disburseent 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 forulation and i!leentation of )uvenile intervention
and diversion !rogras in the counity.
C"APTER 1
C$%PRE"ENS!&E '(&EN!E !NTER&ENT!$N PR$#RA%
SEC. .6. De!elopment of a Comprehensi!e u!enile )nter!ention Program. - A
.o!rehensive )uvenile intervention !rogra covering at least a 8-year !eriod shall be
instituted in >D,s fro the barangay to the !rovincial level.
The >D,s shall set aside an aount necessary to i!leent their res!ective )uvenile
intervention !rogras in their annual budget.
The >D,s, in coordination with the >.&., shall call on all sectors concerned,
!articularly the child-focused institutions, -DAs, !eo!le0s organi%ations, educational
institutions and governent agencies involved in delin9uency !revention to !artici!ate
in the !lanning !rocess and i!leentation of )uvenile intervention !rogras. "uch
!rogras shall be i!leented consistent with the national !rogra forulated and
designed by the JJ1.. The i!leentation of the co!rehensive )uvenile intervention
!rogra shall be reviewed and assessed annually by the >D,s in coordination with the
>.&.. /esults of the assessent shall be subitted by the !rovincial and city
governents to the JJ1. not later than March 8+ of every year.
SEC. .9. Community*based Programs on u!enile ustice and "elfare. -
.ounity-based !rogras on )uvenile )ustice and welfare shall be instituted by the
>D,s through the >.&., school, youth organi%ations and other concerned agencies.
The >D,s shall !rovide counity-based services which res!ond to the s!ecial needs,
!robles, interests and concerns of children and which offer a!!ro!riate counseling
and guidance to the and their failies. These !rogras shall consist of three levels:
#a$ &riary intervention includes general easures to !roote social )ustice and
e9ual o!!ortunity, which tackle !erceived root causes of offending6
#b$ "econdary intervention includes easures to assist children at risk6 and
#c$ Tertiary intervention includes easures to avoid unnecessary contact with the
foral )ustice syste and other easures to !revent re-offending.
T!TE !&
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
deterined 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 iediately
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 deterine the a!!ro!riate !rogras 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
nongovernental or religious organi%ation6 a barangay official or a eber of the
Barangay .ouncil for the &rotection of .hildren #B.&.$6 a local social welfare and
develo!ent officer6 or when and where a!!ro!riate, the ?"1?. If the child referred to
herein has been found by the >ocal "ocial 1elfare and ?evelo!ent Affice to be
abandoned, neglected or abused by his !arents, or in the event that the !arents will not
co!ly with the !revention !rogra, the !ro!er !etition for involuntary coitent
shall be filed by the ?"1? or the >ocal "ocial 1elfare and ?evelo!ent Affice
!ursuant to &residential ?ecree -o. ;+8, otherwise ,known as 3The .hild and Bouth
1elfare .ode3.
T!TE &
'(&EN!E '(ST!CE AN) *E+ARE S,STE%
C"APTER !
!N!T!A C$NTACT *!T" T"E C"!)
SEC. 1.. Procedure for Ta,ing the Child into Custody. - 2ro the oent a child is
taken into custody, the law enforceent 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 coitted6
#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 hiself(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 instruents
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$ ?eterine the age of the child !ursuant to "ection < of this Act6
#i$ Iediately 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 criinal )ustice syste, and re!aration, if
a!!ro!riate6
#)$ Take the child iediately to the !ro!er edical and health officer for a
thorough !hysical and ental e'aination. The e'aination results shall be ke!t
confidential unless otherwise ordered by the 2aily .ourt. 1henever the edical
treatent is re9uired, ste!s shall be iediately undertaken to !rovide the
sae6
#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 instruents 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 infored of the a!!rehension and the details thereof6 and
8. The e'haustion of easures to deterine the age of a child and the
!recise details of the !hysical and edical e'aination or the failure to
subit a child to such e'aination6 and
#$ @nsure that all stateents 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 stateent.
A child in conflict with the law shall only be searched by a law enforceent officer of the
sae gender and shall not be locked u! in a detention cell.
SEC. 11. Duties During )nitial )n!estigation. - The law enforceent officer shall, in
his(her investigation, deterine where the case involving the child in conflict with the
law should be referred.
The taking of the stateent 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 eber of the B.&..
After the initial investigation, the local social worker conducting the sae 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
discernent6 and
#b$ If the child is above fifteen #4:$ years old but below eighteen #45$ and who
acted with discernent, !roceed to diversion under the following cha!ter.
C"APTER 1
)!&ERS!$N
SEC. 13. System of Di!ersion. - .hildren in conflict with the law shall undergo
diversion !rogras without undergoing court !roceedings sub)ect to the conditions
herein !rovided:
#a$ 1here the i!osable !enalty for the crie coittee is not ore than si' #;$
years i!risonent, the law enforceent officer or &unong Barangay with the
assistance of the local social welfare and develo!ent officer or other ebers
of the >.&. shall conduct ediation, faily 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 forulation of a diversion !rogra. The child and
his(her faily shall be !resent in these activities.
#b$ In victiless cries where the i!osable !enalty is not ore than si' #;$
years i!risonent, 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 crie coitted e'ceeds si' #;$ years
i!risonent, 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 &abarangay, the !olice investigation or the in9uest or !reliinary
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 criinal )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 adits the coission of the act, a diversion !rogra shall be
develo!ed when a!!ro!riate and desirable as deterined under "ection 8+. "uch
adission shall not be used against the child in any subse9uent )udicial, 9uasi-)udicial
or adinistrative !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!leentation 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 hiself(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 ters 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 deterination of the absence of )urisdiction over the case or
terination of the diversion !roceedings, as the case ay be, forward the records of the
case of the child to the law enforceent officer, !rosecutor or the a!!ro!riate court, as
the case ay be. ,!on the issuance of the corres!onding docuent, certifying to the
fact that no agreeent 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$, or if the child, his(her !arents or
guardian does not consent to a diversion, the 1oen and .hildren &rotection ?esk of
the &-&, or other law enforceent officer handling the case of the child under custody,
to the !rosecutor or )udge concerned for the conduct of in9uest and(or !reliinary
investigation to deterine whether or not the child should reain under custody and
corres!ondingly charged in court. The docuent transitting said records shall dis!lay
the word 3.CI>?3 in bold letters.
SEC. 19. %actors in Determining Di!ersion Program. - In deterining whether
diversion is a!!ro!riate and desirable, the following factors shall be taken into
consideration:
#a$ The nature and circustances of the offense charged6
#b$ The fre9uency and the severity of the act6
#c$ The circustances of the child #e.g. age, aturity, intelligence, etc.$6
#d$ The influence of the faily and environent on the growth of the child6
#e$ The re!aration of in)ury to the victi6
#f$ The weight of the evidence against the child6
#g$ The safety of the counity6 and
#h$ The best interest of the child.
SEC. 32. %ormulation of the Di!ersion Program. - In forulating a diversion !rogra,
the individual characteristics and the !eculiar circustances of the child in conflict with
the law shall be used to forulate an individuali%ed treatent.
The following factors shall be considered in forulating a diversion !rogra for the
child:
#a$ The child0s feelings of reorse for the offense he(she coitted6
#b$ The !arents0 or legal guardians0 ability to guide and su!ervise the child6
#c$ The victi0s view about the !ro!riety of the easures to be i!osed6 and
#d$ The availability of counity-based !rogras 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 !rogras
ay be agreed u!on, such as, but not liited to:
#a$ At the level of the &unong Barangay:
#4$ /estitution of !ro!erty6
#7$ /e!aration of the daage caused6
#8$ Indenification for conse9uential daages6
#*$ 1ritten or oral a!ology6
#:$ .are, guidance and su!ervision orders6
#;$ .ounseling for the child in conflict with the law and the child0s faily6
#<$Attendance in trainings, seinars and lectures on:
#i$ anger anageent skills6
#ii$ !roble solving and(or conflict resolution skills6
#iii$ values foration6 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 counity-based !rogras, including
counity service6 or
#=$ &artici!ation in education, vocation and life skills !rogras.
#b$ At the level of the law enforceent officer and the !rosecutor:
#4$ ?iversion !rogras s!ecified under !aragra!hs #a$#4$ to #a$#=$ herein6
and
#7$ .onfiscation and forfeiture of the !roceeds or instruents of the crie6
#c$ At the level of the a!!ro!riate court:
#4$ ?iversion !rogras s!ecified under !aragra!hs#a$and #b$ above6
#7$ 1ritten or oral re!riand or citation6
#8$ 2ine:
#*$ &ayent 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, !reliinary investigation and !rosecution of cases
involving a child in conflict with the law. If there is an allegation of torture or ill-treatent
of a child in conflict with the law during arrest or detention, it shall be the duty of the
!rosecutor to investigate the sae.
SEC. 33. Preliminary )n!estigation and %iling of )nformation. - The !rosecutor shall
conduct a !reliinary 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 assessent and recoendation of the social worker, the !rosecutor
deterines 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 inforation, and !lace
of detention of the child in conflict with the law.
,!on deterination of !robable cause by the !rosecutor, the inforation against the
child shall be filed before the 2aily .ourt within forty-five #*:$ days fro the start of the
!reliinary investigation.
C"APTER 4
C$(RT PR$CEE)!N#S
SEC. 34. +ail. - 2or !ur!oses of recoending the aount of bail, the !rivileged
itigating circustance 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 inor to a youth detention hoe(youth rehabilitation center.
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
!laceent with a faily or in an educational setting or hoe. 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 tie.
1henever detention is necessary, a child will always be detained in youth detention
hoes established by local governents, !ursuant to "ection 5 of the 2aily .ourts
Act, in the city or unici!ality where the child resides.
In the absence of a youth detention hoe, the child in conflict with the law ay be
coitted to the care of the ?"1? or a local rehabilitation center recogni%ed by the
governent 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'iu !enalty i!osed by law for the
offense with which the child in conflict with the law is charged is i!risonent of not
ore than twelve #47$ years, regardless of the fine or fine alone regardless of the
aount, and before arraignent of the child in conflict with the law, the court shall
deterine 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 tie of the coission of the offense is found guilty of the
offense charged, the court shall deterine and ascertain any civil liability which ay
have resulted fro the offense coitted. Cowever, instead of !ronouncing the
)udgent 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 tie of the !ronounceent of his(her guilt.
,!on sus!ension of sentence and after considering the various chcustances of the
child, the court shall i!ose the a!!ro!riate dis!osition easures as !rovided in the
"u!ree .ourt /ule on Juveniles in .onflict with the >aw.
SEC. 39. Discharge of the Child in Conflict with the Law. - ,!on the
recoendation of the social worker who has custody of the child, the court shall
disiss 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 easures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability
resulting fro the coission 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 )udgent.
If said child in conflict with the law has reached eighteen #45$ years of age while under
sus!ended sentence, the court shall deterine 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'iu 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 tie s!ent in actual coitent
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 tie, !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 aended
accordingly.
C"APTER 4
C$N+!)ENT!A!T, $+ REC$R)S AN) PR$CEE)!N#S
SEC. 43. Confedentiality of Records and Proceedings. - All records and !roceedings
involving children in conflict with the law fro initial contact until final dis!osition of the
case shall be considered !rivileged and confidential. The !ublic shall be e'cluded
during the !roceedings and the records shall not be disclosed directly or indirectly to
anyone by any of the !arties or the !artici!ants in the !roceedings for any !ur!ose
whatsoever, e'ce!t to deterine if the child in conflict with the law ay have his(hes
sentence sus!ended or if he(she ay be granted !robation under the &robation >aw, or
to enforce the civil liability i!osed in the criinal action.
The co!onent authorities shall undertake all easures to !rotect this confidentiality of
!roceedings, including non-disclosure of records to the edia, aintaining a se!arate
!olice blotter for cases involving children in conflict with the law and ado!ting a syste
of coding to conceal aterial inforation which will lead to the child0s identity. /ecords
of a child in conflict with the law shall not be used in subse9uent !roceedings for cases
involving the sae offender as an adult, e'ce!t when beneficial for the offender and
u!on his(her written consent.
A !erson who has been in conflict with the law as a child shall not be held under any
!rovision of law, to be guilty of !er)ury or of concealent or isre!resentation by reason
of his(her failure to acknowledge the case or recite any fact related thereto in res!onse
to any in9uiry ade to hi(her for any !ur!ose.
T!TE &!
RE"AB!!TAT!$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 failies and as !roductive
ebers of their counities.
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 iediately entered in a register e'clusively for
children in conflict with the law. -o child shall be aditted 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
ebers of the sae faily. ,nder no other circustance shall a child in conflict with
the law be !laced in the sae confineent as adults.
The rehabilitation, training or confineent area of children in conflict with the law shall
!rovide a hoe environent where children in conflict with the law can be !rovided with
9uality counseling and treatent.
SEC. 45. %emale Children. - 2eale children in conflict with the law !laced in an
institution shall be given s!ecial attention as to their !ersonal needs and !robles.
They shall be handled by feale doctors, correction officers and social workers, and
shall be accoodated 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
aount to build youth detention hoes as andated by the 2aily .ourts Act. Bouth
detention hoes 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
coitted 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 reaining one-third
#4(8$ shall be borne by the national governent. .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 allotents a!!licable to the un!aid !ortion shall be withheld and
a!!lied to the settleent 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 coitted, the court, u!on its deterination, ay re9uire the city(unici!ality
where the child in conflict with the law resides to shoulder the cost.
All city and !rovincial governents ust e'ert effort for the iediate establishent of
local detention hoes 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 confineent 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 cobination of dis!osition easures best suited to the rehabilitation and
welfare of the child as !rovided in the "u!ree .ourt /ule on Juveniles in .onflict with
the >aw.
If the counity-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 counity. ,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 counity-based !rogras, which shall include,
but not liited to:
#4$ .o!etency and life skills develo!ent6
#7$ "ocio-cultural and recreational activities6
#8$ .ounity volunteer !ro)ects6
#*$ >eadershi! training6
#:$ "ocial services6
#;$ Coelife services6
#<$ Cealth services6 .
#5$ "!iritual enrichent6 and
#=$ .ounity and faily welfare services.
In accordance therewith, the faily of the child in conflict with the law shall endeavor to
actively !artici!ate in the counity-based rehabilitation.
Based on the !rogress of the youth in the counity, 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 counity-based !rogras are !rovided as diversion easures under .ha!ter II,
Title E, the !rogras enuerated 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, treatent and rehabilitation services under the guidance of a
trained staff where residents are cared for under a structured thera!eutic environent
with the end view of reintegrating the in their failies and counities as socially
functioning individuals. A 9uarterly re!ort shall be subitted 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 counity-
based !rogras 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 ainstreaing of the child in conflict with the
law and encourage counity su!!ort and involveent6 and
#d$ Minii%e the stiga 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
counity-based !rogras that will focus on the rehabilitation and reintegration of the
child. All !rogras 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 disissed by the !ro!er court
because of good behavior as !er recoendation of the ?"1? social worker and(or
any accredited -DA youth rehabilitation center shall be !rovided after-care services by
the local social welfare and develo!ent officer for a !eriod of at least si' #;$ onths.
The service includes counseling and other counity-based services designed to
facilitate social reintegration, !revent re-offending and ake the children !roductive
ebers of the counity.
T!TE &!!
#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
coitted by an adult shall not be considered an offense and shall not be !unished if
coitted 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 crie 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 treatent
!rogra.
SEC. 69. &:emption from the Application of Death Penalty. - The !rovisions of the
/evised &enal .ode, as aended, /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$"!B!TE) ACTS
SEC. ;<. Prohibition Against Labeling and Shaming. - In the conduct of the
!roceedings beginning fro the initial contact with the child, the co!etent authorities
ust refrain fro branding or labeling children as young criinals, )uvenile delin9uents,
!rostitutes or attaching to the in any anner any other derogatory naes. >ikewise,
no discriinatory rearks and !ractices shall be allowed !articularly with res!ect to the
child0s class or ethnic origin.
SEC. ;=. 'ther Prohibited Acts. - The following and any other siilar acts shall be
considered !re)udicial and detriental to the !sychological, eotional, social, s!iritual,
oral and !hysical health and well-being of the child in conflict with the law and
therefore, !rohibited:
#a$ @!loyent of threats of whatever kind and nature6
#b$ @!loyent of abusive, coercive and !unitive easures such as cursing,
beating, stri!!ing, and solitary confineent6
#c$ @!loyent of degrading, inhuan end cruel fors of !unishent such as
shaving the heads, !ouring irritating, corrosive or harful substances over the
body of the child in conflict with the law, or forcing hi(her to walk around the
counity wearing signs which ebarrass, huiliate, and degrade his(her
!ersonality and dignity6 and
#d$ .o!elling the child to !erfor involuntary servitude in any and all fors
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
!roulgated in accordance thereof shall, u!on conviction for each act or oission, be
!unished by a fine of not less than Twenty thousand !esos #&7+,+++.++$ but not ore
than 2ifty thousand !esos #&:+,+++.++$ or suffer i!risonent of not less than eight #5$
years but not ore than ten #4+$ years, or both such fine and i!risonent 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!risonent, be held adinistratively 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 aount necessary to carry out the initial
i!leentation of this Act shall be charged to the Affice of the &resident. Thereafter,
such sus as ay be necessary for the continued i!leentation of this Act shall be
included in the succeeding Deneral A!!ro!riations Act.
An initial aount 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!TE &!!!
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 tie
of the coission of the crie shall iediately be disissed and the child shall be
referred to the a!!ro!riate local social welfare and develo!ent officer. "uch officer,
u!on thorough assessent of the child, shall deterine whether to release the child to
the custody of his(her !arents, or refer the child to !revention !rogras 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
2aily .ourt shall also deterine whether or not continued detention is necessary and,
if not, deterine a!!ro!riate alternatives for detention.
If detention is necessary and he(she is detained with adults, the court shall iediately
order the transfer of the child to a youth detention hoe.
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 subit 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 2aily .ourt in consultation with
the "ocial "ervices and .ounseling ?ivision #"".?$ of the "u!ree .ourt, as the case
ay be, shall deterine the a!!ro!riate dis!osition. In case the a!!ro!riate court
e'ecutes the )udgent of conviction, and unless the child in conflict the law has already
availed of !robation under &residential ?ecree -o. ;+8 or other siilar 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 tie of the effectivity of this
Act, and who were below the age of eighteen #45$ years at the tie the coission 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 iediately released if they are so 9ualified under this Act or other
a!!licable law.
T!TE !8
+!NA PR$&!S!$NS
SEC. 39. Rule Ma,ing Power. - The JJ1. shall issue the I//s for the i!leentation
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!ree .ourt, the other sections or
!rovisions hereof not dfected by such declaration shall reain 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!$N
&resident of the "enate
'$SE )E &ENEC!A 'R.
"!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
The >aw!hil &ro)ect - Arellano >aw 2oundation