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SESSION GUIDE

JUVENILE JUSTICE AND


WELFARE ACT
(REPUBLIC ACT NO. 9344)

Prepared by:

Alcomendras, Kahlil Denise A.


Jaron, Marie Antonette N.
I. OBJECTIVES
At the end of the session, the participants are able to:
1. Determine who are covered by this Act;
2. Know the rights of these “Children in Conflict with the Law”;
3. Identify the remedies available to “Children in Conflict With the Law”; and
4. Understand the Juvenile Justice and Welfare System.

II. MATERIALS
• Projector for power point presentation

III. DURATION
1 HOUR and 30 MINUTES (minimum)

IV. PROCESS
A. Opening Spiel

National Situationer:

Based on statistics, it is clear that crimes committed by children are rapidly increasing
over the years. There is a current trend of using children to commit crimes because of their
exemption from criminal liability. They are used by drug cartels and crime syndicates. How
should these children in conflict with the law be treated – keeping in mind the rights of the
child? This session hopefully would answer that question.
B. Show Topic Objectives

OBJECTIVES
At the end of the session, participants are able to:
1. Determine who are covered by this Act;
2. Know the rights of these “Children in Conflict with the Law”;
3. Identify the remedies available to “Children in Conflict With the Law”;
and
4. Understand the Juvenile Justice and Welfare System.

C. Discuss Concepts (slides and discussion points)

WHO ARE COVERED BY THIS ACT?

Juvenile Justice and Welfare Act of 2006 (JJWA) shall cover the different
stages involving (1) children at risk and (2) children in conflict with the law
from prevention to rehabilitation and reintegration.

WHO ARE THESE “CHILDREN AT RISK” and “CHILDREN IN


CONFLICT WITH THE LAW”?

CHILDREN AT RISK
Refers to a child who is vulnerable to and at the risk of committing criminal
offense because of personal, family and social circumstances, such as, but not
limited to, the following:

(1) Being abused by any person through sexual, physical, psychological,


mental, economic or any other means and the parents or guardian refuse,
are willing, or unable to provide protection for the child;
(2) Being exploited including sexually or economically;
(3) Being abandoned or neglected, and after diligent search and inquiry, the
parent or guardian cannot be found;
(4) Coming from a dysfunctional or broken family or without a parent or
guardian;
(5) Being out of school;
(6) Being a street child;
(7) Being a member of a gang;
(8) Living in a community with a high level of criminality or drug abuse; and
(9) Living in situations of armed conflict.

Note: Children At Risk (CAR) also includes those children who violate the
ordinances enacted by local governments, concerning juvenile status offenses
enumerated in Section 57-A of R.A. No. 9344 as amended by R.A. No. 10630 , such
as, but not limited to:

a. Curfew violations
b. Truancy
c. Parental disobedience
d. Anti-smoking and anti-drinking as well as those concerning light offenses and
misdemeanors against public order or safety such as, but not limited to:

1. Disorderly conduct
2. Public scandal
3. Harassment
4. Drunkenness
5. Public intoxication
6. Criminal nuisance
7. Vandalism
8. Gambling
9. Mendicancy
10. Littering
11. Public urination
12. Trespassing
CHILDREN IN CONFLICT WITH THE LAW
Refers to a child who is alleged as, accused of, or adjudged as, having committed
an offense under Philippine laws.

Note:
Ø “Child” refers to a person under the age of eighteen (18) years.
Ø There is a presumption that children in conflict with the law (CICL) are
themselves victims.

Age Criminal Responsibility


15 and below No criminal responsibility
Over 15 but below 18 No criminal responsibility UNLESS
acted with discernment

Note:
Ø The age without criminal responsibility used to be 9 years old and below.
Ø CICL shall enjoy the presumption of minority. He/She shall enjoy all the
rights of a CICL until he/she is proven to be 18 years of age or older. In case
of doubt as to the age of the child, it shall be resolved in his/her favor.
Ø The age of a child may be determined from the (1) child’s birth certificate; (2)
baptismal certificate; (3) or any other pertinent documents.
Ø In the absence of such documents, age may be based on (1) information
from the child himself/herself; (2) testimonies of other persons; (3) physical
appearance of the child; and (4) other relevant evidence.
Ø Discernment means that a child between 15 to 18 can be charged (held
criminally liable) only if he or she committed the act knowing that it was a
crime.
Ø It is the DSWD who will initially determine the presence of discernment.
Ø Cases of children 15 years old and below at the time of the commission of
the crime (not at the time of filing an action) will immediately be dismissed.
WHAT ARE THE RIGHTS OF THE CHILD WHO IS IN
CONFLICT WITH THE LAW?

1. Not to be subjected to torture or other cruel, inhuman or degrading


treatment or punishment;
2. Not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release;
3. Not to be deprived, unlawfully or arbitrarily, of his/her liberty, detention
or imprisonment being a disposition of last resort, and which shall be for
the shortest appropriate period of time;
4. Be treated with humanity and respect for the inherent dignity of the
person, and in a manner, which takes into account the needs of a person
of his/her age;
5. Prompt access to legal and other appropriate cases;
6. Bail and recognizance, in appropriate cases;
7. Have his/her privacy respected fully at all stages of the proceedings.

Note:
Ø No. 1 – such right practically applies to all whether a child is involved or not.
Cruel, inhuman or degrading treatment, including corporal punishment,
capital punishment and life imprisonment without possibility of release are
prohibited.
Ø No. 3 – arrest, detention and imprisonment of a child shall be avoided
whenever possible and used only as a last resort and for the shortest
appropriate time. Detention of children with adults is not allowed.
Ø No. 4 – with special regard to the needs of the child respecting his/her age.
There should be no discrimination.
WHAT IS A JUVENILE JUSTICE AND WELFARE SYSTEM?

Juvenile Justice Welfare System refers to a system dealing with children at


risk and children in conflict with the law, which provides child-appropriate
proceedings, including programs and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their normal growth and
development

It may be divided into:


1) Initial contact with the child
2) Diversion
3) Prosecution
4) Court proceedings
5) Confidentiality of records and proceedings

INITIAL CONTACT
1. Police Officer
a. Inform the child of his rights
b. Determine the age of the child
c. Immediately but not later than 8 hours after apprehension, turn
over the custody of the child to the social welfare and
development office or other accredited non-government
organizations, and notify the child’s parents/guardians and Public
Attorneys’ Office (PAO) of the child’s apprehension
d. Determine where the case of the child in conflict with the law
shall be referred

Note:
Duties of the Apprehending Officer vis a vis the CICL’s rights during initial contact:
1. The apprehending officer shall prevent any possible violence or injury that may
be inflicted against the child by any person, including the victim or the
complainant from the time the CICL is taken into custody.
2. The apprehending officer shall secure the child from public attention and
humiliation.
3. If the CICL resists apprehension, the apprehending officer may use reasonable
force to take the child into custody.
4. But if the best interest of the CICL warrants it, the apprehending officer may call
for his unit’s assistance in apprehending the child. The apprehending officer shall
state clearly that a CICL is involved.

Prohibited Acts during Initial Contact:

1. Use of instruments of force or restraint.

The apprehending officer shall avoid displaying and/or using instruments of


force or restraint (including baton, handcuffs, guns, sticks, etc) during initial
contact.

Whenever handcuffing is necessary, the apprehending officer shall ensure that


the child is not exposed to the public to avoid embarrassment and humiliation.

2. Unnecessary violence and force.

Use of unnecessary violence and force against the child is absolutely prohibited
without exception. Using unnecessary violence and force is a criminal offense.

3. Body search by an officer of the opposite gender.

A child in conflict with the law who is in custody shall not be searched by a
police officer of the opposite gender.

4. Vulgar language.
All duty-bearers shall not use vulgar or profane words against, or in the presence
of the CICL.

5. Committing sexual advances on the child.

Police officers shall not sexually harass or abuse, or make sexual advances on the
CICL. Criminal and administrative charges shall be filed against police officers
who perpetrate sexual offenses upon a CICL.

6. Torture

Police officers shall not use torture or inflict cruel punishment and other forms
of violence and abuse on children.

What happens if any of the prohibited acts were committed?

1. Report it to another police officer


2. The police officer concerned shall exercise authority to stop the one employing
violence to the child,
3. Child will be placed in a secure place away from the abuser,
4. report the incident immediately to the WCPD for proper investigation. The
appropriate administrative and criminal cases may be filed.

INITIAL CONTACT
2. Local Social Worker
a. Explain to the child and the child’s parents/guardians the
consequences of child’s act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and
reparation if appropriate
b. Determine appropriate program for the child in conflict with the
law

WHAT IS A DIVERSION?
Diversion refers to an alternative, child appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of
his/her social, cultural, economic, psychological or education background
without resorting to formal proceedings.

Note:
Ø It is the channeling of children away from the normal justice system through
alternative procedures and programs; effective alternatives to criminalization
of youth offenses; and providing alternatives to detention and institutional
care.

Ø Examples:
§ Police caution or warning
§ Mediation, family conferencing and conciliation
§ Written or verbal apology
§ Written essays on effects of crime committed
§ Restitution to the victim (the exemption of a child in conflict with the
law as to the criminal liability does not include exemption from civil
liability)
§ Participation in life skills course
§ Counseling or therapeutic treatment

DIVERSION

1. Punong Barangays and the Law Enforcement Officer –


With the assistance of Local Social Welfare or other member of the
Local Councils for the Protection of Children (LCPC), shall conduct
mediation, family conferencing and conciliation and, where appropriate
adopt modes of indigenous modes of conflict resolution in accordance
with the best interest of the child with the view to accomplishing the
objectives of the restorative justice and the formulation of diversion
program (if the crime is not punishable with more than 6 years of
imprisonment)

DIVERSION

2. Local Social Welfare and Development Officer –


Shall meet with the child and his/her parents or guardians for the
development of the appropriate diversion and rehabilitation program, in
accordance with the Barangay Council for the Protection of Children
(BCPC)

DIVERSION PROCEEDINGS

Pending the conduct of the diversion proceedings, the custody of the child shall
be given to the parents, guardians, relatives or any other responsible person in
the community, taking into consideration the best interest of the CICL.

CONFERENCE

The conferencing shall be conducted in a place where the identities of the child
and the parties concerned are kept confidential. There shall be enough privacy to
avoid unnecessary interruptions, distractions and/or participation from non-
parties that could humiliate or make the child feel uncomfortable.

If during the conferencing the victim, the CICL and the facilitator have reached
an agreement on how to resolve the effects of the crime committed, a diversion
contract shall be prepared and signed by the victim, the CICL and his/her
parents, and the facilitator.

If the victim does not agree to the program:

the diversion contract shall still be signed by the CICL and the diversion
committee. The facilitators shall advise the victim on how to file a separate civil
case for the settlement of the civil liability of the CICL.

If the CICL and his/her parents/guardian do not accept the diversion program:

the diversion proceedings is deemed terminated and the WCPD Officer shall
prepare the necessary documentations and assist the victim/complainant in filing
the case before the prosecutor’s office.

DIVERSION

3. Court – only the court can resort to diversion where the penalty of the
crime exceeds 6 years of imprisonment.

Note:
• In case where the offense is punishable by more than 6 years, or if the child,
his/her parents or guardian does not consent to a diversion, the Punong
Barangay or the Philippine National Police (PNP) handling the case, within 3
days from the determination of the absence of jurisdiction shall forward the
case to the prosecutor of judge concerned for the conduct of the inquest or
preliminary investigation.

PROSECUTION

There shall be specially trained prosecutor to conduct inquest, preliminary


investigation and prosecution of cases involving child in conflict with the law. If
there is an allegation of torture or ill-treatment of the child in conflict with the
law during arrest or detention, it shall be the duty of the prosecutor to investigate
the same.
When a child is taken into custody, the law says, the law enforcement shall:
• Explain to the child in simple language why he/she is being placed under
custody and the offense that he/she allegedly committed;
• Properly identify himself/herself and present proper identification to the
child;
• Not use vulgar or profane words;
• Not sexually harass or abuse the child;
• Not display or use any firearm, weapon, handcuffs or other instruments of
force or restraint, unless necessary and after all the methods of control are
exhausted;
• Immediately and not later than 8 hours after taking the child, turn over the
custody of the child to the social welfare and development office or other
accredited Non-Governmental Organizations and notify the child’s
parents/guardians.

REHABILITATION PROGRAMS

1. Regional Rehabilitation Center for Youth refers to a 24-hour residential


care facility administered by DSWD that provides CICL with care, treatment,
and rehabilitation services under the guidance of trained staff, where CICL on
suspended sentence, or “residents,” are cared for under a structured therapeutic
environment, with the end view of reintegrating them in their families and
communities as productive and socially functioning individuals.

2. Bahay Pag-Asa refers to LGU-run facilities that provide care to CICL with
pending cases or awaiting trial and immediate assistance to apprehended
children, who could not be instantly returned to their parents or guardians after
release by arresting officers.

3. Community-based Programs refer to the programs provided in a


community setting and developed for purposes of intervention and diversion, as
well as the rehabilitation of CICL, for reintegration into their families and
communities.

D. Closing Spiel

The State has indeed the duty to protect the children. It recognizes the vital role of
children and youth in nation building. It aims to promote and protect the children’s physical,
mental, spiritual, intellectual and social well-being. But despite all of these, the State also has
the duty to curb lawless acts and crimes and protect the public from these. The enactment of
this law serves to compromise the duties of the State towards the public and children who
are in conflict with the law. Moreover, this law emphasizes that the State recognizes children
as victim themselves that should be restored rather than punished.

V. REFERENCE
1. Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006
2. Evaluation of the Intervention and Rehabilitation Program in Residential
Facilities and Diversion Programs for Children in Conflict with the Law
(UNICEF)
3. PNP Manual in handling cases of Children at Risk and Children in Conflict with
the Law

VI. ICE BREAKER

Bahay-Bata-Bagyo
Mechanics
• The participants will form a big group. Thereafter, upon the facilitator’s command,
they will group themselves into three and form the following pose:
• Bahay: Two will face each other with their arms outstretched and shall form a
triangle.
• Bata: The other one shall stand between the two inside the triangle.
• When the facilitator says bahay – only the two people will go and form a new bahay.
The remaining member (bata) stays put.
• When the facilitator says bata – the bata finds another bahay.
• When the facilitator says bagyo – all of the members will find another group mate
and form another complete structure (bahay + bata)

The objective of the game is for the participants to meet their co-participants and should be
able to introduce themselves.

Follow The Leader


Mechanics
• The participants will form a big circle.
• The first one shall say his/her name with a corresponding action. The second one
shall state the name of the first member plus perform his/her corresponding action.
Thereafter, the second one will also state his/her name and perform his/her own
action.
• The rest shall follow.

Example:
First member: Juan! (Superman Pose)
Second member: Maria! (Wonder Woman Pose)

The objective of this game is to be able to recall all other members names.

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