CICL Rules in Relation to RA

9344
Ms. Charlene L. Agrito
BS CRIM, MS CRIM

Republic Act 9344:

Juvenile Justice Welfare Act of 2006
Effectivity: May 20, 2006
IRR: September 19, 2006
Rule on Juveniles in Conflict with the Law
became effective on April 15, 2002

INITIAL CONTACT
Refers to the apprehension or taking
into custody of a CICL by law
enforcement officers or private
citizens
Includes the time when CICL receives
a subpoena or summons from the
prosecutors office

 A private citizen who has taken into

custody or apprehended a CICL must
immediately refer the child to the law
enforcement officer for proper
investigation

PROCEDURE
FOR TAKING A CICL INTO CUSTODY:
Identify him/herself as a law enforcer
to the CICL (present proper
identification)
Immediately notify childs
parents/guardians, LSWDO, PAO of
childs apprehension not later than 8
hours

Procedure
Explain the ff: (in a language
understood by him)
Reason for apprehension
Crime allegedly committed
Constitutional rights

Determine immediately the age of

the child
Take the child immediately for a
thorough physical and mental
examination

Procedure
Turn over custody of the child to the LSWDO or
accredited NGO immediately but not later than 8
hours
If child is below age of criminal responsibility,
immediately release the child to his/her parents
The turnover of children below the age of criminal
responsibility to parents notwithstanding, the law
enforcement officer shall proceed with the initial
investigation, where appropriate.

A CICL shall only be searched by a law

enforcement officer of the same gender

INITIAL INVESTIGATION
the stage after initial contact when
the law enforcement officer takes the
statement of the CICL.
To be conducted by a law
enforcement officer from the Women
and Children Protection Desk

Initial Investigation
Childs statement during investigation,
conducted in the presence of counsel of
choice or PAO lawyer,
parents/guardian/nearest relative, LSWDO.
In the absence of parents/guardian/nearest
relative & LSWDO, investigation in the
presence of an NGO rep. Or faith-based
group or a member of the BCPC

HOW CICLS STATEMENT TAKEN

Friendly & non-intimidating manner
In a separate interview room
To make child feel comfortable and
freely express himself
Use of simple and understandable
language

Initial Investigation
Allow the LSWDO, or the persons taking
his/her place as above enumerated, to
actively assist in conducting the initial
investigation.
Ensure privacy to avoid unnecessary
interruptions, distractions and/or
participation from non-parties that could
humiliate or make the child
uncomfortable.

Initial Investigation
The written statement to be
prepared shall reflect the
language used by the child and
not the language used by the
law enforcement officer.

SIGNING OF STATEMENTS
all statements signed or thumbmarked
by the child during investigation
shall be witnessed by the childs
parents or guardian, the LSWDO, or if
not present, any other social worker,
or counsel in attendance, who shall
affix his/her signature to the said
statement.

After signing...
Afterwards, refer the child who is
above fifteen (15) years of age but
below eighteen (18) years of age to
the LSWDO for an assessment if the
child acted with discernment

After signing
Transmit the following records of the
child to the LSWDO:
Written statement of the child;
Other pertinent records such as the
documents showing the basis for the
determination of the age of the child;
Medical report if available; and
All other records that may assist the
LSWDO in making an assessment if the
child acted with discernment.

DISCERNMENT
By the LSWDO at initial investigation
by law enforcement
By Court who shall make a final
determination
To be proven by the prosecution

On Discernment
The LSWDO shall, as part of the initial
investigation, assess if the child acted with
discernment and make the necessary
recommendation to the law enforcement
officer on the basis of said assessment.
The law enforcement officer shall consider
the assessment made by the LSWDO in
preparing the report of the initial
investigation and in deciding where to refer
the case of the child.

DETERMINATION OF AGE
Presumption of Minority/ has rights of
CICL until proven 18 years old or older
Birth certificate, baptismal certificate,
other pertinent documents (school
records)
In the absence: Information from child,
physical appearance, testimonies of
other persons or other relevant evidence

REPORT ON INITIAL
INVESTIGATION
Record the ff:
Use of handcuffs, Instruments of
restraint / Notice to Parents, DSWD, PAO
/ Measures taken to determine age /
Ensure statements signed by child
witnessed by Parents, Guardian, Social
Worker, or Legal Counsel / Search on
child conducted by officer of same
gender

WHERE THE CASE SHALL BE

REFERRED
The LSWDO for intervention
if the child is Fifteen (15) years old or
below; or
Above 15 but below 18 years of age and
acted without discernment.

Diversion under the:

Law enforcement officer
LSWDO

The prosecutor or judge

TURNOVER OF CUSTODY
Within eight (8) hours from
apprehension
Turn over the physical custody of the
child to the LSWDO
even if all measures to determine the
age of the child has not been exhausted
even if the initial investigation has not
yet been terminated.

On Turnover
The LSWDO shall then explain to the
child and the childs
parents/guardians the consequences
of the childs act with a view towards
counseling and rehabilitation,
diversion from the criminal justice
system, and reparation, if appropriate

On Turnover
In the event a child whose custody is
turned over by the law enforcement
officer is fifteen (15) years old or below,
the LSWDO shall take all measures to
release the child to the parents or
guardians, or to any of the persons or
organizations and proceed with the
development of appropriate programs

PENDING TURNOVER OF
CUSTODY
as in cases when the child is
apprehended at night time or during
weekends
ensure that the child shall be
temporarily secured in an area
separate from that of the opposite
sex and adult offenders and not put
in the detention cell or jail

MAINTAIN CONFIDENTIALITY
AND PRIVACY
Use a system of coding
Maintain a separate logbook for CICL
Exclude the public, particularly the
media, from the area where the child is
being held in custody
Not provide any detail or information to
the public, particularly the media, that
shall lead to the identity of the child;

On Confidentiality
Keep the results of the medical
examination confidential; and
Mark the records of the child and the
report on the initial investigation as
confidential.

PROHIBITED ACTS WHEN IN

CUSTODY OF CHILD
Detention
Search by an officer of the opposite sex
Contact with adult offenders and
offenders of opposite sex
Vulgar language
Display and use of instruments of force
or restraint
Violence or unnecessary force

INTERVENTION PROGRAM
A series of activities designed to
address issues that caused the child
to commit an offense
The JJWC shall develop a 3 to 5-year
National Intervention Progra
The LGUs shall develop a 3-year Local
Intervention Program

WHO SHALL UNDERGO

INTERVENTION?
Children who are exempt from Criminal
Responsibility
15 years old and below
Above 15 but less than 18 yrs. old who acted
without discernment
Those who committed status offenses

Not exempt from civil liability which is

borne by parents

Procedure
Below 15 taken into custody, Authority with
initial contact to a child below 15 years old
must immediately release him/her to
parents, BCPC, LSWDO
With Notice to LSWDO to determine
appropriate programs with child, parents
if D-A-N (dysfunctional family, abandoned,
neglected),
Child does not comply with intervention,
LSWDO files for Involuntary Commitment

DIVERSION
An alternative, child-appropriate
process of determining the
responsibility and treatment of a CICL
Based on his/her social, cultural,
economic, psychological or
educational background
WITHOUT resorting to formal court
proceedings

WHO UNDERGOES DIVERSION?

CICL above fifteen (15) years but
below eighteen (18) years of age who
acted with discernment
Children who are 15 years old and
below who allegedly committed an
offense
Diversion is the same a Tertiary
Intervention

VENUES OF DIVERSION
Barangay, Police, Prosecutor Level
If offense has imposable penalty of
not more than six (6) years of
imprisonment

Court
If the imposable penalty of more than
six (6) years of imprisonment

KATARUNGAN PAMBARANGAY
LEVEL
Conducted by the Lupon Tagapamayapa,
chaired by the Punong Barangay, with
the assistance of the members of the
BCPC
Punong Barangay shall conduct
mediation / family conferencing /
conciliation / adopt indigenous modes of
conflict resolution

Barangay Level
Absence of the offended party or his/her
disagreement in its conduct shall not
prevent the proceedings from being
conducted.
The Punong Barangay shall, however,
endeavor to obtain the participation and
the consent of the offended party in the
formulation of the diversion program.

Barangay Level
Objectives: restorative justice /
formulation of a diversion program
Child and his/her family shall be
present in the conduct of these
diversion proceedings
Offended party may participate in the
diversion proceedings

Contract of Diversion
Child voluntarily admits commission
of the act
Victim and offender must both agree
to diversion

Diversion Program
must be in writing signed by parties &
concerned authorities
Local Social Welfare Officer
implements/supervises the Diversion
Program
Diversion proceedings to be
completed in 45 days

On Diversion Program
Child must present himself/herself at
least once a month for reporting &
evaluation
Failure to comply w/ the terms and
conditions of DP as certified by the
LSWDO, victim has the option to
institute appropriate legal action

Formulation of the Diversion

Program
An individualized treatment
Consider the following factors:
Childs feelings of remorse for the offense
he/she committed
Parents or legal guardians ability to guide and
supervise the child
Victims view about the propriety of the
measures to be imposed, and
Availability of community-based programs for
rehabilitation and reintegration of the child

Kinds of Diversion Program

Level of Punong Barangay

Restitution of property
Reparation of the damage caused
Indemnification for consequential damages
Written or oral apology
Care, guidance and supervision
ordersCounseling for the CICL and the childs
family
Attendance in trainings, seminar and lectures
on: anger management skills, problem solving
and/or conflict resolution skills, values
formation, other skills in dealing w/ situations
which can lead to repetition

Barangay Level
Participation in available communitybased programs including community
service
Participation in education, vocation and
life skills programs

LAW ENFORCEMENT &

PROSECUTION LEVEL
Law Enforcement Officer &
Prosecutor:
Diversion programs previously specified
Confiscation and forfeiture of the
proceeds or instruments of the crime

COURT LEVEL
Court

Diversion programs previously specified

Written or oral reprimand or citation
Fine
Payment of cost of the proceedings
Institutional care and custody

Conditions for Diversion

Childrens rights and legal safeguards
in general must always be fully
respected
Victims and offenders must both
agree to diversion
The case must be referred to a
normal court system if no solution
acceptable to all parties can be
reached

Potential Risks
Risks are related to the childs right
to due process and fair trial
Child might be pressured into owning
up to the offense at the expense of
his/her right to remain silent

Benefits of Diversion
CICL is able to avoid the stigma and
label associated with a criminal record
Through diversion, a child may gain
insight into the consequences of his/her
actions and take responsibility for them
Diversion programs offer the youth
opportunities to develop important social
skills

 Families are able to strengthen relationships

with the youth through improved
communication skills
Court system reduced case loads and
increased efficiency and lowered costs
Communities benefit as young people
understand their role in the community and
develop positive attitudes
Many non-formal justice options are cheaper
than court procedures; imprisonment is
costly

PROSECUTION
Specially Trained for Inquest,
preliminary investigation /
Prosecution / Notify PAO /
Clarificatory Questions Necessary /
Determine if CICL remains in custody
and Probable cause file Information
with the FC within 45 days from start
of PI

Preliminary Investigation:
Prosecutor Investigates Torture, ILL
treatment
Preliminary Investigation conducted:
If child does not qualify for
diversion / child parents do not agree
to Diversion / Prosecutor determines
Diversion not appropriate considering
assessment, recommendation of SW

COURT PROCEEDINGS
Apply privileged mitigating
circumstance of Minority to fix,
Reduce Bail
If child detained: ROR, Bail, Transfer
to Youth Home, Rehabilitation
Center / Institutionalization Last
Resort, for Shortest Period / No
detention of child in jail pending trial

WHEN CICL FOUND GUILTY

Determine Civil Liability
Instead of pronouncing judgment of
conviction, automatic suspension of
sentence full credit of time in
detention, actual confinement / other
disposition measures under SC Rule
on JICL

DISCHARGE
On recommendation of SW with
custody of Child,
Court dismisses Case, Orders Final
Discharge of CICL if Objectives of
disposition measures fulfilled
Discharge not affect civil liability
enforced in accordance with law

CONFIDENTIALITY OF
RECORDS, PROCEEDINGS
Non-disclosure of records to media /
separate police blotter / coding to
conceal identity / non-use of records
in other proceedings except beneficial
to CICL with written consent / no
liability of child for perjury not
disclosing being CICL

Rehabilitation
Community-based, Center-based
Court Order, hearing required for
admission
Gender Sensitivity Training for
Personnel

 Separate Facilities from Adults

Competency, Life Skills Development /
socio-cultural, Recreational Activities /
Community Volunteer Projects /
Leadership Training
Special Attention for female CICL (AllFemale Team) Separate from male
Social, Home Life, Health Services /
Spiritual Enrichment / Community,
Family Welfare Services

Return to Court for Execution of

Judgment
For failure to comply with disposition,
rehabilitation conditions
CICL reached 18 under suspended
sentence: Court orders discharge,
execute sentence, extend rehabilitation
until maximum of 21 years old

CENTERS (24-HOUR GROUP

CARE)
Youth Rehabilitation / Training Centers
(must have registers) established by
DSWD
Youth Detention Homes by LGUs or
Licensed, Accredited NGOs
Sharing of Costs (1/3 Municipal
Provincial National) For Care,
Maintenance of CICL

COMMUNITY-BASED PROGRAMS
(DIRECT SERVICE)
Prevents Disruption of education,
separation of child from family
Facilitates Rehabilitation and
Reintegration
To minimize stigma to child
Each LGU to establish program

AFTERCARE
CICLs whose cases were dismissed
due to good behavior as
recommended by SW
Discharge from rehabilitation center
Provided aftercare for at least 6
months by LSWDO

JURISPRUDENCE
Automatic Suspension of service of
sentence does not apply when
penalty is reclusion perpetua, life
imprisonment or death (Declarador
v. Hon. Gubaton, GR No. 159208, 18
Aug. 2006)

 Person whose penalty of death

reduced to Reclusion Perpetua under
RA 9346 is still liable for P75T civil
indemnity but is not Eligible for Parole
under the Indeterminate Sentence
Law (Pp. vs. Salome, G.R. No.
169077, 31 August 2006)

THANK YOU!