PD 603 amended to RA 9344

The Philippines passed the Juvenile Justice and Welfare Act of 2006 to ensure the protection
and safety of juveniles that commit crimes. Before the act was implemented, children 9 years and
older who were arrested waited in jail until sentencing. Because jail cells that held juvenile offenders
also held adult offenders, lawmakers were concerned about the safety of children in jail.
It is important to note that before Presidential Decree 603 was amended to Republic Act 9344
some provisions of the PD 603 were amended. PD 12101 amended some of the provisions of PD No.
603 because it was deficient or ambiguous. Also the said decree stressed that it was necessary that
said provisions be clarified and strengthened so as to promote their effectiveness in dealing with
juvenile delinquency more in particular with youthful offenders involved in offenses triable by the
Military Tribunals.2 In addition, Executive Order No. 91 issued on December 17, 1986 amended
some articles of PD 603 pointing out that it was imperative that appropriate safeguards be instituted
to protect Filipino children who are put up for adoption. (to add more)
(to insert why PD 603 was amended to RA 9344; goal, objectives, etc.)

With the signing of the Juvenile Justice and Welfare Act 2006 by President Gloria MacapagalArroyo, the Philippines introduced a new juvenile justice system. Among the many provisions
seeking to protect children in conflict with the law, the legislation calls for restorative justice to be an
integral part of the new system.

1 Presidential Decree 1210: Amending certain provisions of Chapter Three, Title Eight of PD as amended otherwise
known as the Child and Youth Welfare Code and for other purposes

2 http://www.chanrobles.com/presidentialdecrees/presidentialdecreeno1210.html

In outlining the principles of juvenile justice, the Juvenile Justice and Welfare Act 2006 calls
for restorative justice to be incorporated into all laws, policies and programmes applicable to
children in conflict with the law. It defines restorative justice as
a principle which requires a process of resolving conflicts with the maximum involvement
of the victim, the offender and the community. It seeks to obtain reparation for the victim;
reconciliation of the offender, the offended and the community; and reassurance to the
offender that he/she can be reintegrated into society. It also enhances public safety by
activating the offender, the victim and the community in prevention strategies.

Restorative justice is featured in Chapter 2, which outlines diversion procedures. According

to paragraph (a), individuals responsible for responding to crimes by young offenders 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 of accomplishing the
objectives of restorative justice and the formulation of a diversion program. The section provides for
creation of a diversion contract during those processes and the steps to take if the contract is not
completed. Diversion can be used at all stages of the criminal justice system.
The Act, which was passed unanimously by the Filipino Congress, is a response to criticisms
of the conditions under which young offenders were being held in prisons. According to the United
Nations Childrens Fund an estimated 4,000 children were imprisoned at the end of 2005, most of
them charged with minor crimes. Under the new legislation, children under the age of 15 cannot be
charged with a crime. For 15- to 18-year-old juveniles, diversion away from court is the preferred
method for responding to crimes that carry a possible sentence of six years or less.
The legislation became effective in May 2006 and is already having an impact for some
juveniles. Over 500 children have been transferred from jails to youth homes. It is estimated that over
1,500 criminal cases against young offenders younger than 15 will be dismissed as the law is

implemented retroactively. The new diversion provisions will take longer to implement as local
committees for the protection of children are formed and personnel are trained.3
However, the Juvenile Justice and Welfare Act is controversial to this day. According to
Ground Report, concern arises because the Philippines contain large numbers of delinquent juveniles.
Those opposed to the Act contend that because drug offenses and heinous crimes would receive less
punishment

for

those

under

15,

crimes

would

increase

in

this

young

population. 4

3 http://www.restorativejustice.org/editions/2006/september06/philippines/

4 The Juvenile Justice and Welfare Act of 2006 http://www.ehow.com/facts_6813605_juvenile-justice-welfare-act2006.html#ixzz1zf0flFyj