CHAPTER IV

JUVENILE JUSTICE SYSTEM

This chapter presents an introduction about Republic Act 9344, and its amendment (Republic
Act No. 10630), role of Philippine National Police, Social Worker, Prosecution, Court, and rehabilitation
and reintegration of the Children in Conflict with the Law.

Lesson 1. Overview on Philippine Juvenile Justice System

A Glimpse of Republic Act No. 9344

This Act established a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile
Justice Welfare Council under the Department of Justice, Appropriating Funds Therefor and for other
Purposes. It is also known as the Juvenile Justice and Welfare Act of 2006. It covers the different stages
involving children at risk and children in conflict with the law from prevention to rehabilitation and
reintegration which is amended by Republic Act 10630.

Definition of Terms

a. Act. It refers to Republic Act No. 9344, as amended by Republic Act No. 10630.

b. Abandoned. A child that has no proper parental care or guardianship or when the child's parents or
guardians have deserted the child for a period of at least six continuous months (Art. 141 (2), P.D. 603).

c. Abused. A child is determined be maltreated, whether habitual or not, as defined in Section 3(b) of
Republic Act No 7610 or the "Special Protection of Children Against Abuse, Exploitation and
Discrimination Act (RA 7610).

d. Bail. It refers to the security given for the release of the person in custody of the law, furnished by a
bondsman or a bonding company, to guarantee the appearance of the person before any Court.

e. Best Interest of the Child. It refers to the totality of circumstances and conditions that are most
beneficial for the survival, protection and feelings of security of the child, and most likely to promote 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.

f. Child. It refers to a person under the age of 18 (17 years and below)

g. Child who is above 12 Years of Age. It refers to a child not older than 15 years but not younger, who
is at least 12 years and one day old.

h. Child who is above 15 Years of Age. It refers to a child who is at least 15 years and one day old, but
below 18 years.
i. Children-At-Risk. It refers to children who are vulnerable or at-risk of behaving in a way that can harm
themselves or others, or vulnerable and at risk of being pushed and exploited to come into conflict with
the law because of personal, family and social circumstances.

j. Child in Conflict with the Law. It refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.

k. Court. It refers to a Family Court, or in places where there are no Family Courts, any Regional Trial
Court.

l. Dependent. It refers to a child is without a parent, guardian or custodian, or one whose parents,
guardian or other custodian for good cause desires to be relieved of the child's care and custody, and is
dependent upon the public for support (Art. 141(1), P.D. 603).

m. Discernment. It refers to the capacity to understand the difference between right and wrong, and its
consequences.

n. Diversion. It 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 the child's social, cultural, economic,
psychological of educational background, without resorting to formal court proceedings.

o. Diversion Program. It refers to the program that the child in conflict with the law is required to
undergo after being found responsible for an offense, without resorting to formal court proceedings.

p. Duty-bearer. It refers to persons who are responsible for providing care, addressing the needs and
protecting the rights of a child within the Juvenile Justice and Welfare System.

q. Educational Institution. It refers to a place where children are accepted as students to gain education.
It includes both public and private and covers those institutions which provide elementary, secondary
and/or tertiary education.

r. Initial Contact with the Child. It refers to the apprehension or taking into custody of a CICL by law
enforcement officers or private citizens. It includes the time when the child alleged to be in conflict with
the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure
or summons under Section 6(a) or Section 9(b) of the same Rule, in cases that do not require preliminary
investigation or where there is no necessity to place the child alleged to be in conflict with the law under
immediate custody.

s. Intervention. It generally refers to programmatic approaches or systematic social protection programs

for children that are designed and intended to promote the physical and social well-being of the
children; avert or prevent juvenile delinquency from occurring, and stop or prevent children from re-
offending.

t. Juvenile Justice and Welfare System. It refers to a system of dealing with CAR and CICL, which
provides child-appropriate proceedings, including programs and services for prevention, diversion,
rehabilitation, reintegration and after-care to ensure the child's normal growth and development.
u. Light Offense. It refers to acts of misdemeanors against public order or safety such as, but not limited
to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance,
vandalism, gambling, mendicancy, littering, public urination, and trespassing.

v. Mug Shot (or Booking Photograph). It refers to a photograph of the CICL taken after one is
apprehended.

w. Neglected. It refers to deliberately not or inadequately providing child's basic needs (Art. 141(3), P.D
603)

x. Offense. It refers to any act or omission punishable under special penal laws or the Revised Penal
Code For purposes of providing appropriate services for children, the term "offense" shall include
violations of ordinances of local government units.

y. Probation. It refers to a disposition under which a defendant, afier conviction and sentence, is
released, subject to the conditions imposed by the Court and the person is placed under the supervision
of a probation officer.

z. Recognizance. It refers to an undertaking, in lieu of a bail bond, assumed by a parent or custodian,

who shall be responsible for ensuring the appearance in Court of the child in conflict with the law,
whenever required

aa. Referral. It refers to a process where a duty-bearer, within the juvenile justice and welfare system,
endorses the CICL to the appropriate service provider for appropriate care or intervention. 'Referral'
includes the endorsement of the victim for appropriate assistance and intervention.

bb. Serious Offense. It refers to an offense where the imposable penalty exceeds six years
imprisonment.

cc. Non-Serious Offense. It refers to an offense where the imposable penalty is not more than six years
imprisonment.

dd. Unoffending Parent/s. It refers to parent/s who had no participation in the commission of an
offense.

ee. Victimless Crimes. It refers to offenses where there is no private offended party.

In this chapter, the following abbreviations are used:

a. BCPC - Barangay Council for the Protection of Children

b. BJMP - Bureau of Jail Management and Penology

c. CAR - Child-At-Risk

d. CICL - Child in Conflict with the Law

e. CPC - Child Protection Committee

f. DANA - Dependent, Abandoned, Neglected and Abused

g. DARNA – Dependent, Abandoned, Repeat Offender, Neglected and Abused

h. DSWD – Department of Social Welfare and Development

i. IOC – Investigator-on-Case

j. JJWA – Juvenile Justice and Welfare Act

k. JJWC – Juvenile Justice and Welfare Council

l. LSWDO – Local Social Welfare and Development Officer

m. PAYO – Philippine Action for Youth Offenders

n. PNP – Philippine National Police

o. IRS – Incident Reporting System

p. WCPD – Women and Children Protection Desk

Why a New Law on Juvenile Justice? The R.A. No. 9344 is the first juvenile law that protects the rights of
CICL. This provides them the opportunity and chance, thru alternative child-friendly measures, to be
reformed and be reintegrated into their family and community as a productive member of society. CICL
are victims of circumstances beyond their control who should be treated as individuals with a problem
who need help and need to be provided with appropriate assistance and services to ensure the full
protection of their rights for survival, protection, development and participation.

Main Feature of Juvenile Justice and Welfare Act

CICL are required to undergo a diversion program without resorting to formal court proceedings,
in addition to intervention programs. Juvenile Justice and Welfare System provides child-appropriate
proceedings, including programs and services for:

a. Prevention,
b. Diversion.
c. Rehabilitation,
d. Reintegration, and
e. Aftercare to ensure their normal growth and development.

Composition of Juvenile Justice and Welfare Council

JJWC is created and attached to the DSWD and placed under its administrative supervision. The
JJWC shall be chaired by an Undersecretary of the DSWD. It shall ensure the effective implementation of
the Act and coordination among the following agencies:

1. Department of Justice (DOJ);

2. Council for the Welfare of Children (CWC);
 3. Department of Education (DepED);
4. Department of the Interior and Local Government (DILG);
5. Public Attorney’s Office (PAO);
6. Bureau of Corrections (BUCOR);
7. Parole and Probation Administration (PPA);
8. National Bureau of Investigation (NBI);
9. Philippine National Police (PNP);
10. Bureau of Jail Management and Penology (BJMP);
11. Commission on Human Rights (CHR);
12. Technical Education and Skills Development Authority (TESDA);
13. National Youth Commission (NYC); and
14. Other institutions focused on juvenile justice and intervention programs.

What is the 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 pursuant to Section 20 of the Act.

Note: A child is to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her birthdate.

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.

Note: The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws (Section 3, R.A. 10630).

What is Presumption of Minority Rule? It provides that the CICL "shall enjoy the presumption of
minority" and "all the rights of a child in conflict with the law until he/she is proven to be eighteen (18)
years old or older" However, the exemption from criminal liability of children under the law does not
include exemption from civil liability, which shall be enforced in accordance with existing laws (Section
7, R.A. 9344).

Would CICL who are Criminally Exempted just go Scot Free? No. The child will undergo an intervention
program as agreed upon with the social worker, or CICL and his/her family and the victim. The program
will include and services that will help the CICL in gaining insight into his behavior, attitude and values
and redirect counter-productive behavior patterns and anti-social attitudes into more productive and
constructive ones. The CICL and his/her family will regularly report to the social worker and adhere to
the agreed intervention program.

When a CICL who Commit Heinous Crimes (Rape, Murder, etc.)

1. For those who are 15 years old and below and those above 15 years old but below 18 who acted
without discernment they will undergo an Intervention Program.

What is Intervention? It refers to a series of activities designed to address issues that caused the child to
commit an offense. It may take an individualized treatment program which includes counseling, skills
training, education, and other activities that will enhance his/her psychological, emotional and psycho-
social well-being. It involves the case management process to include assessment, planning,
implementation, monitoring and evaluation. This will ensure careful and in-depth study of the case to
ensure its proper handling and the provision of appropriate programs and services.

2. For those above 15 years old and who acted with discernment.

a. If the offense committed has an imposable penalty of more than six years of imprisonment (as in
cases of rape or murder), the law provides that the child shall undergo court proceedings. When brought
to court, the child may be placed under suspended sentence and be subjected to rehabilitation
programs. In no instance shall the CICL be put in jail.

b. The child can also avail of the diversion program, if qualified.

What is Diversion? It refers to an alternative process in determining the responsibility and treatment of
children in conflict with the law without resorting to formal court proceedings. Its mechanisms include
conferencing, mediation and counseling.

Lesson 2. Rescuing a Child at Risk (CAR)

Who is a Child at Risk (CAR)? CAR refers to children who vulnerable to, and at risk of behaving in a way
that can harm themselves or others, or vulnerable and at risk of being pushed and exploited to come
into conflict with the law 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 guardians refuse, are unwilling, or unable to provide protection for the child;

2. being exploited sexually or economically;

3. being abandoned or neglected, and after diligent search and inquiry, the parents or guardians cannot
be found;

4. coming from a dysfunctional or broken family or being 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/drug abuse, and living in situations of armed
conflict.

CAR also includes those children who violate the ordinances enacted by local governments,
concerning juvenile status offenses such as, but not limited to:

1. curfew violations;
2. truancy;
3. parental disobedience; and
4. anti-smoking and anti-drinking laws, as well as those concerning light offenses and
misdemeanors against public order or safety such as, but not limited to:

a. disorderly conduct, g. public scandal,

b. harassment, h. drunkenness,

c. public intoxication, i. criminal nuisance,

d. vandalism, j. gambling,

e. mendicancy, k. littering, and

f. public urination, l. trespassing.

No penalty shall be imposed on children for said violations, and they shall instead be brought to
their residence or to any barangay official at the barangay hall to be released to the custody of their
parents. Appropriate intervention programs shall be provided for in such ordinances. The child shall also
be recorded as a child at risk' and not as a 'child in conflict with the law. The ordinance shall also provide
for intervention programs, such as counseling, attendance in group activities for children, and for the
parents, attendance in parenting education seminars (Section 11, R.A. 10630).

What are Status Offenses? It refers to any conduct not considered an offense or not penalized if
committed by an adult and shall not be considered an offense and shall not be punished if committed by
a child (Section 11, RA. 10630).
Decriminalized Acts when Committed by Children

1. Prostitution (Article 202 of the Revised Penal Code)

2. Mendicancy (Presidential Decree No. 1563)
3. Sniffing of rugby (Presidential Decree No. 1619)

Rescuing Children who are at Risk of Becoming CICL

In rescuing CAR, the WCPD shall follow a protocol. The WCPD Officer shall immediately meet
with the social worker to plan the rescue and determine the action necessary to protect the child. The
planning and conduct of rescue operations shall proceed as follows:

1. The WCPD Officer shall immediately verify the matter and gather more information.
2. The WCPD Officer shall contact the DSWD/LSWDO, other units of the PNP (If necessary and the
concerned barangay officials to map out the rescue operations, identify tasks and
responsibilities, and identify support agencies or services.
3. Confidential information may be shared only with those directly involved in the planning and
conduct of the rescue operation.
4. The WCPD Officer shall lead the rescue operation. The social worker, at a safe distance, shall
take custody of the child victim.

Depending on the nature of the case, the composition of the rescue team shall vary The
composite team shall, however, properly observe role delineation with the police as lead agency in
rescuing the child and apprehending alleged perpetrators, if any The police, however, may immediately
rescue a child at risk if coordinating the rescue operations with the nearest available social worker
would compromise the safety of the child As soon as the child is rescued, the child shall be endorsed to
the LSWDO and the rescue operations entered in the Pink Blotter or Mandatory Registry.

Rescuing CAR who Violates Ordinance/Commits Decriminalized Acts

If the child is a CAR (Violator of Ordinances and Decriminalized Acts when committed by
Children), the responding officer shall immediately rescue the child and shall undertake the following:

1. Give the child a friendly advice or payo or a sImple warning not to repeat the act/s she/he has
committed.
2. Immediately notify the parents or guardians for their proper intervention in the treatment of
the child.
3. Immediately transfer the physical custody of the child directly to the barangay of residence for
proper disposition.
4. If the child is a resident of another municipality or city, turnover the CAR to the LSWDO of the
place where the offense was committed.
5. Whenever a case is referred to the Barangay or the LSWDO and documents need to be
submitted, the WCPD Officer shall submit the records of the case in a sealed envelope with the
"CAR CASE" written conspicuously on the upper right-hand corner of the face of the envelope
with appropriate receipts for the documents.
 In all cases, the responding officer shall take down the facts of the case in his/her tickler and
shall report the incident to the WCPD Officer who shall enter the incident in the Pink Blotter or
Mandatory Registry.

Lesson 3. Initial Contact

Initial contact with the child refers to the apprehension or taking into custody of a child in
conflict with the law by police officers or private citizens It includes apprehension with or without a
warrant. Police officers shall take note that the physical custody of the child shall be turned over to the
appropriate persons or agencies as per Lesson 6 (Turning Over the Physical Custody of the Child and
Referring the Case of the Child) within eight hours after initial contact

Protection upon Initial Contact

The CICL shall enjoy the rights laid down by R.A. No 9344 as amended, and shall enjoy the
protection of other laws, whenever applicable from the first time that the child comes in contact with
the Juvenile Justice and Welfare System. The right to privacy of a CICL shall be respected at all stages of
the proceedings. As such, all records and proceedings involving children in conflict with the law, from
initial contact until the final disposition of the case, shall be considered privileged and confidential.

Who may Conduct Initial Contact? It could be done by the first responders, beat patrol officers, WCPD
and other responding police officers.

General Rules in Conducting Initial Contact

a. The apprehending officer shall identify himself/herself to the child and shall introduce
herself/himself as kuya or ate to the child and show his or her proper identification card as a
police officer.
b. If the apprehending officer is wearing a vest or a jacket while in uniform, she/he shall show
her/his nameplate and/or badge to the child.
c. If the apprehending officer is in civilian clothes, he/she shall show his/her identification card.
d. The officer shall conduct the search of the child in a friendly, non-degrading and gender-
sensitive manner A female child shall only be searched by a female police officer.

What to Explain to the Child? The police officer shall explain to the child, in simple language, and in a
language or dialect:
 a. The reason for placing the child under custody.
b. The offense allegedly committed.
c. The child's constitutional and other rights as shown in Lesson 8 (Rights of Children in Conflict
with the Law).

The apprehending officer shall read the following "Rights of a Person under Custodial
Investigation" to the child in a language or dialect which he/she understands:

1. You have the right to remain silent. Do you understand?

2. You have the right to have an independent and competent counsel of your choice. Do you
understand?
3. If you cannot afford the services of a lawyer, the government will provide a lawyer to you free of
charge. Do you understand?
4. Anything you say will be used against you in any court of law.
5. Do you understand all these rights?

If the child cannot understand the language or local dialect or suffers from disability immediately
bring the child to the station for proper assistance. The apprehending officer shall immediately notify
the child's parents of guardians, the LSWDO and the Public Attorney's Office (PAO) of the child's
apprehension. The notification shall be made not later than eight (8) hours after termination.

Prevention of Violence, Injury or Humiliation

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. The apprehending officer shall secure the child from public attention and humiliation.

If the CICL Resists Apprehension

If the CICL resists apprehension, the apprehending officer may use reasonable force to take the child
into custody 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.

Apprehending a Child with a Warrant

If a CICL is to be apprehended by virtue of a warrant of arrest, the police officer shall serve the
warrant of arrest to the CICL ICL according to the rules provided in this Segment. The Police Operational
Procedures shall apply suppletorily. In all cases, the warrant shall be served to the CICL in the presence
of his/her parents or guardians or the local social worker.
Apprehending a Child without a Warrant

1. In his presence, the CICL to be apprehended has committed, is actually committing, or is

attempting to commit an offense.
2. An offense has just been committed and he has probable cause to believe, based on personal
knowledge of facts or circumstances, that the CICL to be apprehended has committed it.
3. The CICL to be apprehended is a resident of a youth institution and he has escaped from it.

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. As
provided under Sec. 21 of RA. 9344 as amended, a police officer may only use an Instrument of force or
restraint when absolutely necessary and only after all other methods of control have been exhausted
and have failed.

Whenever handcuffing is necessary, the apprehending officer shall ensure that the child is not
exposed to the public to avoid embarrassment and humiliation. The apprehending officer may cover the
instruments of restraint used. If force, handcuffs or other instruments of restraint are employed on the
child, the police officer shall record such fact, the reason for using them, and report it to the WCPD
Officer in the station. These facts shall be recorded in the Pink Blotter or the Mandatory Registry.

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 CICL 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

If Prohibited Acts were Committed

If the acts mentioned above were committed during initial contact, the police officer concerned
shall exercise authority to stop the one employing violence to the child, place the child in a secure place
away from the abuser, and report the incident immediately to the WCPD The WCPD Officer shall record
these facts in the Pink Blotter or Mandatory Registry and shall investigate regarding the matter and shall
file the appropriate and criminal cases.
Preserving the Scene of the Crime.

The apprehending officer shall preserve the scene of the crime as provided by the Police
Operational Procedures.

Assistance to Victim of CICL

In case an alleged victim is found in the area and needs medical attention, police officers shall
provide the victim with appropriate first aid treatment and take him/her to the nearest hospital. The
police officers shall also invite the victims and other witnesses to go to the police station to provide
statement regarding the crime committed.

Conducting Initial Contact in an Educational Institution

If the initial contact shall be conducted within the premises of an educational institution, the
responding police officer shall always coordinate with the head of the educational institution and with
its Child Protection Committee, if existing, before conducting the initial contact in addition, the following
procedures shall be observed:

1. The responding police officer shall go directly to the office of the head of the educational
institution in civilian clothes.
2. No guns shall be brought inside the premises of the educational institution.
3. The responding officer shall accomplish and sign all the school documents required for the
turnover of the child.

Upon completion of the required documents for the turnover, the responding officer shall
discreetly escort the child with his/her parents or guardians out of the school to go to the police station

If the Child is a CAR

If after effecting the initial contact, the responding officer should realize that the child is not a
CICL but a CAR, the police officer shall immediately refer the child to the LSWDO or the barangay as the
case may be The police officer shall report the incident to the WCPD an enter the incident in the Pink
Blotter or in the Mandatory Registry.

If the Offense is Light

If the child's offense is light but the offense is not listed as "at risk" of becoming a CICL, the
responding officer shall either:

1. Give the child a friendly advice or payo or a simple warning not to repeat the act/s she he has
committed.
 2. Call the unoffending parents or guardians for their proper intervention m the treatment of the
child.
3. Refer the child directly to the barangay of residence and to the LSWDO for proper disposition
and intervention.

If the child is a resident of another municipality or city, the child shall be referred to the LSWDO of
the place where the offense was committed for proper disposition.

In all cases, the responding officer shall take down the facts of the case in his/her tickler and shall
report the incident to the WCPD Officer whe shall enter the incident in the Pink Blotter or Mandatory
Registry.

If the Offense is Serious or Non-Serious

If the child's offense is serious or non-serious, with or without victims, the responding officer
shall:

1. Immediately bring the child to a medical professional for physical examination. The responding
officer shall fill out the Referral Letter Form attaching the Feedback Form.
2. The responding officer who brings the child for medical examination shall maintain a safe
distance from the child and the medical professional while the latter conducts the examination
so as to respect and promote the privacy of the child.
3. After the medical examination, he shall immediately bring the child to the police station.
4. Fill out the Initial Contact Report Form.
5. Prepare an affidavit of apprehension containing the following information:
a. Name and age of the CICL and of the persons who participated in the commission of the
crime.
b. Name of the apprehending officer/s.
c. When, where, why and how initial contact was conducted.
d. Whether handcuffs, or other instruments of restraint was used during initial contact.
e. Whether force was used in effecting initial contact.
f. Whether weapons or any illegal effects were recovered from the child.
6. Turn the physical custody of the child to the WCPD who shall properly receive the custody of the
child.
7. Refer the case of the child to general investigation or to the appropriate operating unit for the
investigation of the crime committed.
8. In transporting or referring the child, the responding officer shall ensure that the child is not
subjected to humiliation and embarrassment.
9. Ensure that the child is separated from adult offenders during transit.