Philippine Laws Promoting the Rights of the Child

R.A. 9344: The Juvenile Justice and Welfare Act R.A. 7610: The Anti-Child Abuse Law

The Juvenile Justice and Welfare Act

Declaration of State Policy and Principles

The vital role of children and the youth in nation building Promotion and protection of their physical, moral, spiritual, intellectual, and social well-being Protection of the best interests of the child Rights of the child to assistance, proper care, nutrition, and special protection from all forms of neglect, abuse, cruelty, and exploitation

Declaration of State Policy and Principles

Recognizes article 40 of the U.N. Convention on the Rights of the Child; right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth.

Definitions
Best Interest of the Child:
the totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child.

Definitions
Child: a person under the age of eighteen years Child at Risk: a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following:

 being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child; being exploited including sexually or economically; being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found;

 coming from a dysfunctional or broken family or without a parent or guardian; being out of school; being a streetchild; being a member of a gang; living in a community with a high level of criminality or drug abuse; and living in situations of armed conflict.

Definitions
Child in Conflict with the Law: a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws

Definitions
Intervention: a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psychosocial well-being

Definitions
Diversion: 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 educational background without resorting to formal court proceedings

Definitions
Diversion Program: the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings

Rights of the Child in Conflict with the Law

a child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adult offenders. He/She shall be conveyed separately to or from court. He/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 family through correspondence and visits, save in exceptional circumstances;

Rights of the Child in Conflict with the Law

the right to diversion if he/she is qualified and voluntarily avails of the same; the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice;

Rights of the Child in Conflict with the Law

the right to diversion if he/she is qualified and voluntarily avails of the same; the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice;

Minimum Age of Criminal Responsibility

A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program

Minimum Age of Criminal Responsibility

A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program

Minimum Age of Criminal Responsibility

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.

Minimum Age of Criminal Responsibility

The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. The child in conflict with the law shall enjoy the presumption of minority until he/she is proven to be 18 years old or older;

Juvenile Justice and Welfare Council

created and attached to the Department of Justice and under its administrative supervision. overees the implementation of the act participates in fact-finding, policy making, and cooperates with government agencies towards the administration of the juvenile justice and welfare system.

Prevention of Juvenile Delinquency

The Family:
responsible for the primary nurturing of children critical part of delinquency prevention a child in conflict with the law shall be maintained in his/her family

Prevention of Juvenile Delinquency

The Educational System
cooperates with families, the community, organizations and government agencies in the prevention of delinquency Schools shall provide adequate, necessary and individualized educational schemes for children manifesting difficult behavior and children in conflict with the law provides continuing education through alternative learning systems to children under legal custody

Prevention of Juvenile Delinquency

The Role of Mass Media
has an active role in promoting child rights and delinquency prevention through dissemination of consistent messages media professionals have the responsibility to maintain the highest critical and professional standards in reporting and covering cases of children in conflict with the law

Prevention of Juvenile Delinquency

Local Councils for the Protection of Children (LCPC)
established in all levels of the local government serves as the primary agency to coordinate with and assist the LGU for the adoption of a comprehensive plan for delinquency prevention

Comprehensive Juvenile Intervention Program

Community-based Programs on Juvenile Justice and Welfare
instituted by the LGUs through the LCPC, school, youth organizations and other concerned agencies provides community-based services which respond to the special needs, problems, interests and concerns of children and which offer appropriate counseling and guidance to them and their families.

 These programs shall consist of three levels:

Primary intervention includes general measures to promote social justice and equal opportunity, which tackle perceived root causes of offending; Secondary intervention includes measures to assist children at risk; and Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending.

Initial contact with the Child in conflict with the law

Children below the age of criminal responsibility (15)
the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative.

System of Diversion
Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided:

 Where the imposable penalty for the crime committee is not more than six (6) years imprisonment:
the law enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer or other members of the LCPC shall conduct mediation, family conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program.

 In victimless crimes where the imposable penalty is not more than six (6) years imprisonment:
the 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

Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion measures may be resorted to only by the court.

Factors in Determining Diversion Program

The nature and circumstances of the offense charged; The frequency and the severity of the act; The circumstances of the child (e.g. age, maturity, intelligence, etc.); The influence of the family and environment on the growth of the child; The reparation of injury to the victim; The weight of the evidence against the child; The safety of the community; and The best interest of the child.

Formulation of the Diversion Program

The child's feelings of remorse for the offense he/she committed; The parents' or legal guardians' ability to guide and supervise the child; The victim's view about the propriety of the measures to be imposed; and The availability of community-based programs for rehabilitation and reintegration of the child.

Kinds of Diversion Programs:

includes adequate socio-cultural and psychological responses and services for the child. At the different stages where diversion may be resorted to, the following diversion programs may be agreed upon, such as, but not limited to:

 At the level of the Punong Barangay: (1) Restitution of property; (2) Reparation of the damage caused; (3) Indemnification for consequential damages; (4) Written or oral apology; (5) Care, guidance and supervision orders; (6) Counseling for the child in conflict with the law and the child's family; (7)Attendance in trainings, seminars and lectures on:
(i) anger management skills; (ii) problem solving and/or conflict resolution skills; (iii) values formation; and (iv) other skills which will aid the child in dealing with situations which can lead to repetition of the offense;

(8) Participation in available community-based programs, including community service; or (9) Participation in education, vocation and life skills programs.

 At the level of the law enforcement officer and the prosecutor:

(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and (2) Confiscation and forfeiture of the proceeds or instruments of the crime;

At the level of the appropriate court:

(1) Diversion programs specified under paragraphs(a)and (b) above; (2) Written or oral reprimand or citation; (3) Fine: (4) Payment of the cost of the proceedings; or (5) Institutional care and custody.

Conferencing, Mediation and Conciliation

A child in conflict with law may undergo conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said system. A contract of diversion may be entered into during such conferencing, mediation or conciliation proceedings.

Rehabilitation and Reintegration

to provide them with interventions, approaches and strategies that will enable them to improve their social functioning with the end goal of reintegration to their families and as productive members of their communities.

Rehabilitation and Reintegration

Court order is required Separate facilities from adults Special consideration for female children Gender-sensitivity training Youth Detention homes Confinement of convicted children in agricultural camps and other training facilities

Rehabilitation and Reintegration

Community-based rehabilitation: under the supervision of parents, guardians, relatives or any other responsible person in the community; types include:
(1) Competency and life skills development; (2) Socio-cultural and recreational activities; (3) Community volunteer projects; (4) Leadership training; (5) Social services; (6) Homelife services; (7) Health services; . (8) Spiritual enrichment; and (9) Community and family welfare services.

Republic Act 7610: The AntiChild Abuse Law

Declaration of State Policy and Principles

provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination.

Definitions
Children: a person below 18 years of age or those over but unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition

Definitions
Child Abuse: to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional maltreatment; (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death

Definitions
Circumstances which gravely threaten or endanger the survival and normal development of children include, but are not limited to, the following;

(1) Being in a community where there is armed conflict or being affected by armed conflict-related activities; (2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal development (3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for a good quality of life; (4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life; (5) Being a victim of a man-made or natural disaster or calamity; or (6) Circumstances analogous to those abovestated which endanger the life, safety or normal development of children.

Definitions
Comprehensive program against child abuse, exploitation, and discrimination: the coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse; (2) Child trafficking; (3) Obscene publications and indecent shows; (4) Other acts of abuses; and (5) Circumstances which threaten or endanger the survival and normal development of children.

Child Prostitution and Other Sexual Abuse

Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

Offenders Penalized
those who engage in or promote, facilitate or induce child prostitution. those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subject to other sexual abuse. those who derive profit or advantage thereform, whether as manage or owner of the establishment where the prostitution takes place.

Child Trafficking
Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.

Obscene Publications and Indecent Shows

Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period.

Obscene Publications and Indecent Shows

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period.

Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period.

Other Acts
Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less
Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

Other Acts
Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000);
Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the minor.

Other Acts
Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein

Other Acts
Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living; (2) Act as conduit or middlemen in drug trafficking or pushing; or (3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion perpetua.

Children below fifteen (15) years of age may be employed except:

When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed:
Provided, however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education;

 When a child's employment or participation in public & entertainment or information through cinema, theater, radio or television is essential:
Provided, The employment contract concluded by the child's parent or guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment:

 Provided, That the following requirements in all instances are strictly complied with: (a) The employer shall ensure the protection,

health, safety and morals of the child; (b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and; (c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skill acquisition of the child.

Children of Indigenous Cultural Communities

Survival, Protection, and Development:
children of indigenous cultural communities shall be entitled to protection, survival and development consistent with the customs and traditions of their respective communities.

Children of Indigenous Cultural Communities

System of and Access to Education:
The Department of Education, Culture and Sports shall develop and institute an alternative

system of education for children of indigenous cultural communities which is culture-specific and relevant to the needs of and the existing situation in their communities. It shall also accredit and support non-formal but functional indigenous educational programs conducted by non-government organizations in said communities.

Children of Indigenous Cultural Communities

Access to Basic Health and Social Services and Proper Nutrition Protection against discrimination Involvement and Participation in the planning, implementation, and evaluation of government programs

Children in Situations of Conflict

Children as Zones of Peace:
they shall not be the object of attack and are entitled to special respect and protection from threat, assault, torture or cruelty they shall not be recruited into armed forces, whether of the government or local armed groups steps are taken to ensure the reunion of children with their families in times of conflict

Children in Situations of Conflict

Children are given priority during evacuations during times of conflict Members of the family are housed in the same shelter as much as possible and all manner of steps should be taken to give a semblance of normalcy during their stay

Children in Situations of Conflict

Any child who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as family units; (b) Immediate free legal assistance; (c) Immediate notice of such arrest to the parents or guardians of the child; and (d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court.

Other Pertinent Domestic Laws

RA 6809: declares that a person below the age of 18 is considered a child under Philippine Law Article II, section 12 of the Philippines Constitution:

The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

U.N. Convention on the Rights of the Child:

Adopted and opened for signature, ratification, and accession by General Assembly resolution 44/25 of 20 November 1989; entry into force 2 September 1990

U.N. Convention on the Rights of the Child:

Article 35: Protection of Children from human trafficking
States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.

Article 38: Children in Armed Conflicts

States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen yearStates Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest. States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.

Art. 40: Children in Conflict with the Law

States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.