MANILA

REPUBLIC ACT NO. 10159

AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE

SEC. 2. Separability Clause. If any provision or part hereof is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SEC. 3. Repealing Clause. All laws, presidential decrees or issuances, executive

orders, letters of instruction, administrative orders or rules and regulations which
may be inconsistent with this Act shall be deemed repealed, amended or modified
accordingly.

SECTION 1. Article 39 of Act No. 3815, as amended, is hereby further amended to

read as follows:

SEC. 4. Effectivity. This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation

Art. 39. Subsidiary Penalty. If the convict has no property with which to meet the
fine mentioned in paragraph 3 of the next preceding article, he shall be subject to a
subsidiary personal liability at the rate of one day for each amount equivalent to
the highest minimum wage rate prevailing in the Philippines at the time of the
rendition of judgment of conviction by the trial court, subject to the following rules:

REPUBLIC ACT NO. 10389

1. If the principal penalty imposed be prision correctional or arresto and fine, he

shall remain under confinement until his fine referred in the preceding paragraph is
satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of
the sentence, and in no case shall it continue for more than one year, and no
fraction or part of a day shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment
shall not exceed six months, if the culprit shall have been prosecuted for a grave or
less grave felony, and shall not exceed fifteen days, if for a fight felony.
3. When the principal penalty imposed is higher than prision correctional, no
subsidiary imprisonment shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal
institution, but such penalty is of fixed duration, the convict, during the period of
time established in the preceding rules, shall continue to suffer the same
deprivations as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason
of his insolvency shall not relieve him from the fine in case his financial
circumstances should improve. (As amended by Republic Act No. 5465, which
lapsed into law on April 21, 1969.)

AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING

THE RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN
A CRIMINAL CASE AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. This Act shall be known as the Recognizance Act of
2012.
SEC. 2. Statement of Policy. It is the declared policy of the State to promote
social justice in all phases of national development, including the promotion of
restorative justice as a means to address the problems confronting the criminal
justice system such as protracted trials, prolonged resolution of cases, lack of legal
representation, lack of judges, inability to post bail bond, congestion in jails, and
lack of opportunity to reform and rehabilitate offenders. In consonance with the
principle of presumption of innocence, the 1987 Philippine Constitution recognizes
and guarantees the right to bail or to be released on recognizance as may be
provided by law. In furtherance of this policy, the right of persons, except those
charged with crimes punishable by death, reclusion perpetua, or life imprisonment,
to be released on recognizance before conviction by the Regional Trial Court,
irrespective of whether the case was originally filed in or appealed to it, upon
compliance with the requirements of this Act, is hereby affirmed, recognized and
guaranteed.

SEC. 3. Recognizance Defined. Recognizance is a mode of securing the release

of any person in custody or detention for the commission of an offense who is
unable to post bail due to abject poverty. The court where the case of such person
has been filed shall allow the release of the accused on recognizance as provided
herein, to the custody of a qualified member of the barangay, city or municipality
where the accused resides.
SEC. 4. Duty of the Courts. For purposes of stability and uniformity, the courts
shall use their discretion, in determining whether an accused should be deemed an
indigent even if the salary and property requirements are not met. The courts may
also consider the capacity of the accused to support not just himself/herself but
also his/her family or other people who are dependent on him/her for support and
subsistence.
Other relevant factors and conditions demonstrating the financial incapacity of the
accused at the time that he/she is facing charges in court may also be considered
by the courts for the purpose of covering as many individuals belonging to the
marginalized and poor sectors of society.
SEC. 5. Release on Recognizance as a Matter of Right Guaranteed by the
Constitution. The release on recognizance of any person in custody or detention
for the commission of an offense is a matter of right when the offense is not
punishable by death,reclusion perpetua, or life imprisonment: Provided, That the
accused or any person on behalf of the accused files the application for such:
(a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities and Municipal Circuit Trial Court; and
(b) Before conviction by the Regional Trial Court: Provided, further, That a person
in custody for a period equal to or more than the minimum of the principal penalty
prescribed for the offense charged, without application of the Indeterminate
Sentence Law, or any modifying circumstance, shall be released on the persons
recognizance.
SEC. 6. Requirements. The competent court where a criminal case has been
filed against a person covered under this Act shall, upon motion, order the release
of the detained person on recognizance to a qualified custodian: Provided, That all
of the following requirements are complied with:

(a) A sworn declaration by the person in custody of his/her indigency or incapacity

either to post a cash bail or proffer any personal or real property acceptable as
sufficient sureties for a bail bond;
(b) A certification issued by the head of the social welfare and development office
of the municipality or city where the accused actually resides, that the accused is
indigent;
(c) The person in custody has been arraigned;
(d) The court has notified the city or municipal sanggunian where the accused
resides of the application for recognizance. The sanggunian shall include in its
agenda the notice from the court upon receipt and act on the request for
comments or opposition to the application within ten (10) days from receipt of the
notice. The action of the sanggunian shall be in the form of a resolution, and shall
be duly approved by the mayor, and subject to the following conditions:
(1) Any motion for the adoption of a resolution for the purpose of this Act duly
made before the sanggunian shall he considered as an urgent matter and shall
take precedence over any other business thereof: Provided, That a special session
shall be called to consider such proposed resolution if necessary;
The resolution of the sanggunian shall include in its resolution a list of
recommended organizations from whose members the court may appoint a
custodian.
(2) The presiding officer of the sanggunian shall ensure that its secretary shall
submit any resolution adopted under this Act within twenty-four (24) hours from its
passage to the mayor who shall act on it within the same period of time from
receipt thereof;
(3) If the mayor or any person acting as such, pursuant to law, fails to act on the
said resolution within twenty-four (24) hours from receipt thereof, the same shall be
deemed to have been acted upon favorably by the mayor;
(4) If the mayor or any person acting as such, pursuant to law, disapproves the
resolution, the resolution shall be returned within twenty-four (24) hours from
disapproval thereof to the sanggunian presiding officer or secretary who shall be
responsible in informing every member thereof that the sanggunian shall meet in
special session within twenty-four (24) hours from receipt of the veto for the sole
purpose of considering to override the veto made by the mayor.

For the purpose of this Act, the resolution of the sanggunian of the municipality or
city shall be considered final and not subject to the review of the Sangguniang
Panlalawigan, a copy of which shall be forwarded to the trial court within three (3)
days from date of resolution.
(e) The accused shall be properly documented, through such processes as, but
not limited to, photographic image reproduction of all sides of the face and
fingerprinting: Provided, That the costs involved for the purpose of this subsection
shall be shouldered by the municipality or city that sought the release of the
accused as provided herein, chargeable to the mandatory five percent (5%)
calamity fund in its budget or to any other available fund in its treasury; and
(f) The court shall notify the public prosecutor of the date of hearing therefor within
twenty-four (24) hours from the filing of the application for release on recognizance
in favor of the accused: Provided, That such hearing shall be held not earlier than
twenty-four (24) hours nor later than forty-eight (48) hours from the receipt of
notice by the prosecutor: Provided, further, That during said hearing, the
prosecutor shall be ready to submit the recommendations regarding the application
made under this Act, wherein no motion for postponement shall be entertained.
SEC. 7. Disqualifications for Release on Recognizance. Any of the following
circumstances shall be a valid ground for the court to disqualify an accused from
availing of the benefits provided herein:
(a) The accused bad made untruthful statements in his/her sworn affidavit
prescribed under Section 5(a);
(b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has
committed a crime aggravated by the circumstance of reiteration;
(c) The accused had been found to have previously escaped from legal
confinement, evaded sentence or has violated the conditions of bail or release on
recognizance without valid justification;
(d) The accused had previously committed a crime while on probation, parole or
under conditional pardon;
(e) The personal circumstances of the accused or nature of the facts surrounding
his/her case indicate the probability of flight if released on recognizance;

(f) There is a great risk that the accused may commit another crime during the
pendency of the case; and
(g) The accused has a pending criminal case which has the same or higher
penalty to the new crime he/she is being accused of.
SEC. 8. Qualifications of the Custodian of the Person Released on
Recognizance. Except in cases of children in conflict with the law as provided
under Republic Act No. 9344, the custodian of the person released on
recognizance must have the following qualifications:
(a) A person of good repute and probity;
(b) A resident of the barangay where the applicant resides;
(c) Must not be a relative of the applicant within the fourth degree of consanguinity
or affinity; and
(d) Must belong to any of the following sectors and institutions: church, academe,
social welfare, health sector, cause-oriented groups, charitable organizations or
organizations engaged in the rehabilitation of offenders duly accredited by the local
social welfare and development officer.
If no person in the barangay where the applicant resides belongs to any of the
sectors and institutions listed under paragraph (d) above, the custodian of the
person released on recognizance may be from the qualified residents of the city or
municipality where the applicant resides.
SEC. 9. Duty of the Custodian. The custodian shall undertake to guarantee the
appearance of the accused whenever required by the court. The custodian shall be
required to execute an undertaking before the court to produce the accused
whenever required. The said undertaking shall be part of the application for
recognizance. The court shall duly notify, within a reasonable period of time, the
custodian whenever the presence of the accussed is required. A penalty of six (6)
months to two (2) years imprisonment shall be imposed upon the custodian who
failed to deliver or produce the accused before the court, upon due notice, without
justifiable reason.
SEC. 10. Role of the Probation Officer. Upon release of the person on
recognizance to the custodian, the court shall issue an order directing the
Probation Office concerned to monitor and evaluate the activities of such person.

The Probation Office concerned shall submit a written report containing its findings
and recommendations on the activities of the person released on recognizance on
a monthly basis to determine whether or not the conditions for his/her release have
been complied with. The prosecution including the private complainant, if any, shall
be given a copy of such report.

SEC. 14. Repealing Clause. All laws, decrees and orders or parts thereof
inconsistent herewith are deemed repealed or modified accordingly, unless the
same are more beneficial to the accused.
SEC. 15. Effectivity. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.

SEC. 11. Arrest of a Person Released on Recognizance. The court shall order
the arrest of the accused, who shall forthwith be placed under detention, due to
any of the following circumstances:
(a) If it finds meritorious a manifestation made under oath by any person after a
summary healing, giving the accused an opportunity to be heard;
(b) If the accused fails to appear at the trial or whenever required by the
abovementioned court or any other competent court without justification, despite
due notice;
(c) If the accused is the subject of a complaint for the commission of another
offense involving moral turpitude and the public prosecutor or the mayor in the
area where the offense is committed recommends the arrest to the court; or
(d) If it is shown that the accused committed an act of harassment such as, but not
limited to, stalking, intimidating or otherwise vexing private complainant, prosecutor
or witnesses in the case pending against the accused: Provided, That upon the
issuance by the court of such order, the accused shall likewise become the proper
subject of a citizens arrest pursuant to the Rules of Court.
SEC. 12. No Release on Recognizance After Final Judgment or Commencement
of Sentence; Exception. The benefits provided under this Act shall not be allowed
in favor of an accused after the judgment has become final or when the accused
has started serving the sentence: Provided, That this prohibition shall not apply to
an accused who is entitled to the benefits of the Probation Law if the application for
probation is made before the convict starts serving the sentence imposed, in which
case, the court shall allow the release on recognizance of the convict to the
custody of a qualified member of the barangay, city or municipality where the
accused actually resides.
SEC. 13. Separability Clause. If any provision of this Act or the application of
such provision to any person or circumstance is declared invalid, the remainder of
this Act or the application of such provision to other persons or circumstances shall
not be affected by such declaration.

REPUBLIC ACT NO. 10158

AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS PURPOSE
ARTICLE 202 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Article 202 of the Revised Penal Code is hereby, amended to read as
follows:
Article 202. Prostitutes; Penalty. For the purposes of this article, women who, for
money or profit, habitually indulge in sexual intercourse or lascivious conduct, are
deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this article shall be
punished by arresto menor or a fine not exceeding 200 pesos, and in case of
recidivism, by arresto mayor in its medium period to prision correctional in its
minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the
discretion of the court.
SEC. 2. Effect on Pending Cases. All pending cases under the provisions of
Article 202 of the Revised Penal Code on Vagrancy prior to its amendment by this
Act shall be dismissed upon effectivity of this Act.

SEC. 3. Immediate Release of Convicted Persons. All persons serving sentence

for violation of the provisions of Article 202 of the Revised Penal Code on
Vagrancy prior to its amendment by this Act shall be immediately released upon
effectivity of this Act:Provided, That they are not serving sentence or detained for
any other offense or felony.
SEC. 4. Repealing Clause. All laws, presidential decrees, executive orders, rules
and regulations and other issuances, or any part thereof, inconsistent with this Act
are hereby repealed, modified or amended accordingly.
SEC. 5. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation

(a) The State recognizes the vital role of children and 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.
(b) The State shall protect the best interests of the child through measures that will
ensure the observance of international standards of child protection, especially
those to which the Philippines is a party. Proceedings before any authority shall be
conducted in the best interest of the child and in a manner which allows the child to
participate and to express himself/herself freely. The participation of children in the
program and policy formulation and implementation related to juvenile justice and
welfare shall be ensured by the concerned government agency.
(c) The State likewise recognizes the right of children to assistance, including
proper care and nutrition, and special protection from all forms of neglect, abuse,
cruelty and exploitation, and other conditions prejudicial to their development.

REPUBLIC ACT NO. 9344

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND
WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE
COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
TITLE I
GOVERNING PRINCIPLES
CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS
Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile
Justice and Welfare Act of 2006." It shall cover the different stages involving
children at risk and children in conflict with the law from prevention to rehabilitation
and reintegration.
SEC. 2. Declaration of State Policy. - The following State policies shall be
observed at all times:

(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the
Child, the State recognizes the 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,
taking into account the child's age and desirability of promoting his/her
reintegration. Whenever appropriate and desirable, the State shall adopt measures
for dealing with such children without resorting to judicial proceedings, providing
that human rights and legal safeguards are fully respected. It shall ensure that
children are dealt with in a manner appropriate to their well-being by providing for,
among others, a variety of disposition measures such as care, guidance and
supervision orders, counseling, probation, foster care, education and vocational
training programs and other alternatives to institutional care.
(e) The administration of the juvenile justice and welfare system shall take into
consideration the cultural and religious perspectives of the Filipino people,
particularly the indigenous peoples and the Muslims, consistent with the protection
of the rights of children belonging to these communities.
(f) The State shall apply the principles of restorative justice in all its laws, policies
and programs applicable to children in conflict with the law.
SEC. 3. Liberal Construction of this Act. - In case of doubt, the interpretation of
any of the provisions of this Act, including its implementing rules and regulations
(IRRs), shall be construed liberally in favor of the child in conflict with the law.

SEC. 4. Definition of Terms. - The following terms as used in this Act shall be
defined as follows:

(e) "Child 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.

(a) "Bail" refers to the security given for the release of the person in custody of the
law, furnished by him/her or a bondsman, to guarantee his/her appearance before
any court. Bail may be given in the form of corporate security, property bond, cash
deposit, or recognizance.

(f) "Community-based Programs" refers to the programs provided in a community

setting developed for purposes of intervention and diversion, as well as
rehabilitation of the child in conflict with the law, for reintegration into his/her family
and/or community.

(b) "Best Interest of the Child" refers to 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.

(g) "Court" refers to a family court or, in places where there are no family courts,
any regional trial court.

(e) "Child" refers to a person under the age of eighteen (18) years.
(d) "Child at Risk" refers to 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:
(1) 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;

(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to

the placement of a child in conflict with the law in a public or private custodial
setting, from which the child in conflict with the law is not permitted to leave at will
by order of any judicial or administrative authority.
(i) "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 educational background without
resorting to formal court proceedings.
(j) "Diversion Program" refers to 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.

(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 streetchild;
(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.

(k) "Initial Contact With-the Child" refers to the apprehension or taking into custody
of a child in conflict with the law 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.
(I) "Intervention" refers to 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 psycho-social well-being.
(m) "Juvenile Justice and 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.
(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as
defined in Article 152 of the Revised Penal Code, including a barangay tanod.
(0) "Offense" refers to any act or omission whether punishable under special laws
or the Revised Penal Code, as amended.
(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent
or custodian who shall be responsible for the appearance in court of the child in
conflict with the law, when required.
(q) "Restorative Justice" refers to 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.
(r) "Status Offenses" refers to offenses which discriminate only against a child,
while an adult does not suffer any penalty for committing similar acts. These shall
include curfew violations; truancy, parental disobedience and the like.
(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by
accredited local government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing short-term residential care for
children in conflict with the law who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.
(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility
managed by the Department of Social Welfare and Development (DSWD), LGUs,
licensed and/or accredited NGOs monitored by the DSWD, which provides care,
treatment and rehabilitation services for children in conflict with the law.
Rehabilitation services are provided under the guidance of a trained staff where
residents are cared for under a structured therapeutic environment with the end
view of reintegrating them into their families and communities as socially
functioning individuals. Physical mobility of residents of said centers may be
restricted pending court disposition of the charges against them.

(u) "Victimless Crimes" refers to offenses where there is no private offended party.
CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND
WELFARE
SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with
the law shall have the following rights, including but not limited to:
(a) the right not to be subjected to torture or other cruel, inhuman or degrading
treatment or punishment;
(b) the right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release;
(c) the right 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;
(d) the right to 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. In particular, 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;
(e) the right to prompt access to legal and other appropriate assistance, as well as
the right to challenge the legality of the deprivation of his/her liberty before a court
or other competent, independent and impartial authority, and to a prompt decision
on such action;
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in hid/her own behalf under the rule on
examination of a child witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;

(j) 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;
(k) the right to have restrictions on his/her personal liberty limited to the minimum,
and where discretion is given by law to the judge to determine whether to impose
fine or imprisonment, the imposition of fine being preferred as the more
appropriate penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified under the
Probation Law;
(n) the right to be free from liability for perjury, concealment or misrepresentation;
and
(o) other rights as provided for under existing laws, rules and regulations.
The State further adopts the provisions of the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice or "Beijing Rules", United Nations
Guidelines for the Prevention of Juvenile Delinquency or the "Riyadh Guidelines",
and the United Nations Rules for the Protection of Juveniles Deprived of Liberty.
SEC. 6. 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
pursuant to Section 20 of this Act.
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.

child may be determined from the child's birth certificate, baptismal certificate or
any other pertinent documents. In the absence of these documents, age may be
based on information from the child himself/herself, testimonies of other persons,
the physical appearance of the child and other relevant evidence. In case of doubt
as to the age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing
of the information in any appropriate court may file a case in a summary
proceeding for the determination of age before the Family Court which shall decide
the case within twenty-four (24) hours from receipt of the appropriate pleadings of
all interested parties.
If a case has been fiied against the child in conflict with the law and is pending in
the appropriate court, the person shall file a motion to determine the age of the
child in the same court where the case is pending. Pending hearing on the said
motion, proceedings on the main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other
government officials concerned shall exert all efforts at determining the age of the
child in conflict with the law.

TITLE II
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND
WELFARE
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and
Welfare Council (JJWC) is hereby created and attached to the Department of
Justice and placed under its administrative supervision. The JJWC shall be chaired
by an undersecretary of the Department of Social Welfare and Development. It
shall ensure the effective implementation of this Act and coordination among the
following agencies:

The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing
laws.

(a) Council for the Welfare of Children (CWC);

SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the
presumption of minority. He/She shall enjoy all the rights of a child in conflict with
the law until he/she is proven to be eighteen (18) years old or older. The age of a

(c) Department of the Interior and Local Government (DILG);

(b) Department of Education (DepEd);

(d) Public Attorney's Office (PAO);

(e) Bureau of Corrections (BUCOR);

(f) Parole and Probation Administration (PPA)
(g) National Bureau of Investigation (NBI);
(h) Philippine National Police (PNP);.
(i) Bureau of Jail Management and Penology (BJMP);
(i) Commission on Human Rights (CHR);
(k) Technical Education and Skills Development Authority (TESDA);
(l) National Youth Commission (NYC); and
(m) Other institutions focused on juvenile justice and intervention programs.
The JJWC shall be composed of representatives, whose ranks shall not be lower
than director, to be designated by the concerned heads of the following
departments or agencies:
(a) Department of Justice (DOJ);
(b) Department of Social Welfare and Development (DSWD);
(c) Council for the Welfare of Children (CWC)
(d) Department of Education (DepEd);
(e) Department of the Interior and Local Government (DILG)

The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The
Secretary of Justice and the Secretary of Social Welfare and Development shall
determine the organizational structure and staffing pattern of the JJWC.
The JJWC shall coordinate with the Office of the Court Administrator and the
Philippine Judicial Academy to ensure the realization of its mandate and the proper
discharge of its duties and functions, as herein provided.
SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following
duties and functions:
(a) To oversee the implementation of this Act;
(b) To advise the President on all matters and policies relating to juvenile justice
and welfare;
(c) To assist the concerned agencies in the review and redrafting of existing
policies/regulations or in the formulation of new ones in line with the provisions of
this Act;
(d) To periodically develop a comprehensive 3 to 5-year national juvenile
intervention program, with the participation of government agencies concerned,
NGOs and youth organizations;
(e) To coordinate the implementation of the juvenile intervention programs and
activities by national government agencies and other activities which may have an
important bearing on the success of the entire national juvenile intervention
program. All programs relating to juvenile justice and welfare shall be adopted in
consultation with the JJWC;
(f) To formulate and recommend policies and strategies in consultation with
children for the prevention of juvenile delinquency and the administration of justice,
as well as for the treatment and rehabilitation of the children in conflict with the law;

(f) Commission on Human Rights (CHR);

(g) National Youth Commission (NYC); and
(h) Two (2) representatives from NGOs, one to be designated by the Secretary of
Justice and the other to be designated by the Secretary of Social Welfare and
Development.

(g) To collect relevant information and conduct continuing research and support
evaluations and studies on all matters relating to juvenile justice and welfare, such
as but not limited to:
(1) the performance and results achieved by juvenile intervention programs and by
activities of the local government units and other government agencies;

(2) the periodic trends, problems and causes of juvenile delinquency and crimes;
and

dissemination of recommendations and conclusions by government agencies as

well
as
NGOs
and
civil
society.

(3) the particular needs of children in conflict with the law in custody.
The data gathered shall be used by the JJWC in the improvement of the
administration of juvenile justice and welfare system.
The JJWC shall set up a mechanism to ensure that children are involved in
research and policy development.
(h) Through duly designated persons and with the assistance of the agencies
provided in the preceding section, to conduct regular inspections in detention and
rehabilitation facilities and to undertake spot inspections on their own initiative in
order to check compliance with the standards provided herein and to make the
necessary recommendations to appropriate agencies;
(i) To initiate and coordinate the conduct of trainings for the personnel of the
agencies involved in the administration of the juvenile justice and welfare system
and the juvenile intervention program;
(j) To submit an annual report to the President on the implementation of this Act;
and
(k) To perform such other functions as may be necessary to implement the
provisions of this Act.

TITLE III
PREVENTION OF JUVENILE DELINQUENCY
CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS
SEC. 12. The Family. - The family shall be responsible for the primary nurturing
and rearing of children which is critical in delinquency prevention. As far as
practicable and in accordance with the procedures of this Act, a child in conflict
with the law shall be maintained in his/her family.
SEC. 13. The Educational System. - Educational institutions shall work together
with families, community organizations and agencies in the prevention of juvenile
delinquency and in the rehabilitation and reintegration of child in conflict with the
law. Schools shall provide adequate, necessary and individualized educational
schemes for children manifesting difficult behavior and children in conflict with the
law. In cases where children in conflict with the law are taken into custody or
detained in rehabilitation centers, they should be provided the opportunity to
continue learning under an alternative learning system with basic literacy program
or non- formal education accreditation equivalency system.

SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All
government agencies enumerated in Section 8 shall, with the assistance of the
JJWC and within one (1) year from the effectivity of this Act, draft policies and
procedures consistent with the standards set in the law. These policies and
procedures shall be modified accordingly in consultation with the JJWC upon the
completion of the national juvenile intervention program as provided under Section
9 (d).

SEC. 14. The Role of the Mass Media. - The mass media shall play an active role
in the promotion of child rights, and delinquency prevention by relaying consistent
messages through a balanced approach. Media practitioners shall, therefore, have
the duty to maintain the highest critical and professional standards in reporting and
covering cases of children in conflict with the law. In all publicity concerning
children, the best interest of the child should be the primordial and paramount
concern. Any undue, inappropriate and sensationalized publicity of any case
involving a child in conflict with the law is hereby declared a violation of the child's
rights.

SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center of the
Commission on Human Rights shall ensure that the status, rights and interests of
children are upheld in accordance with the Constitution and international
instruments on human rights. The CHR shall strengthen the monitoring of
government compliance of all treaty obligations, including the timely and regular
submission of reports before the treaty bodies, as well as the implementation and

SEC. 15. Establishment and Strengthening of Local Councils for the

Protection of Children. - Local Councils for the Protection of Children (LCPC)
shall be established in all levels of local government, and where they have already
been established, they shall be strengthened within one (1) year from the
effectivity of this Act. Membership in the LCPC shall be chosen from among the
responsible members of the community, including a representative from the youth

sector, as well as representatives from government and private agencies

concerned with the welfare of children.
The local council shall serve as the primary agency to coordinate with and assist
the LGU concerned for the adoption of a comprehensive plan on delinquency
prevention, and to oversee its proper implementation.
One percent (1%) of the internal revenue allotment of barangays, municipalities
and cities shall be allocated for the strengthening and implementation of the
programs of the LCPC: Provided, That the disbursement of the fund shall be made
by the LGU concerned.

SEC. 19. Community-based Programs on Juvenile Justice and Welfare. Community-based programs on juvenile justice and welfare shall be instituted by
the LGUs through the LCPC, school, youth organizations and other concerned
agencies. The LGUs shall provide 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:
(a) Primary intervention includes general measures to promote social justice and
equal opportunity, which tackle perceived root causes of offending;
(b) Secondary intervention includes measures to assist children at risk; and

SEC. 16. Appointment of Local Social Welfare and Development Officer. - All
LGUs shall appoint a duly licensed social worker as its local social welfare and
development officer tasked to assist children in conflict with the law.
SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall
coordinate with the LCPC in the formulation and implementation of juvenile
intervention and diversion programs in the community.
CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
SEC. 18. Development of a Comprehensive Juvenile Intervention Program. A Comprehensive juvenile intervention program covering at least a 3-year period
shall be instituted in LGUs from the barangay to the provincial level.
The LGUs shall set aside an amount necessary to implement their respective
juvenile intervention programs in their annual budget.
The LGUs, in coordination with the LCPC, shall call on all sectors concerned,
particularly the child-focused institutions, NGOs, people's organizations,
educational institutions and government agencies involved in delinquency
prevention to participate in the planning process and implementation of juvenile
intervention programs. Such programs shall be implemented consistent with the
national program formulated and designed by the JJWC. The implementation of
the comprehensive juvenile intervention program shall be reviewed and assessed
annually by the LGUs in coordination with the LCPC. Results of the assessment
shall be submitted by the provincial and city governments to the JJWC not later
than March 30 of every year.

(c) Tertiary intervention includes measures to avoid unnecessary contact with the
formal justice system and other measures to prevent re-offending.

TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL
RESPONSIBILITY
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been
determined that 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. Said authority shall give notice to
the local social welfare and development officer who will determine the appropriate
programs in consultation with the child and to the person having custody over the
child. If the parents, guardians or nearest relatives cannot be located, or if they
refuse to take custody, the child may be released to any of the following: a duly
registered nongovernmental or religious organization; a barangay official or a
member of the Barangay Council for the Protection of Children (BCPC); a local
social welfare and development officer; or when and where appropriate, the
DSWD. If the child referred to herein has been found by the Local Social Welfare
and Development Office to be abandoned, neglected or abused by his parents, or
in the event that the parents will not comply with the prevention program, the
proper petition for involuntary commitment shall be filed by the DSWD or the Local
Social Welfare and Development Office pursuant to Presidential Decree No. 603,
otherwise ,known as "The Child and Youth Welfare Code".

TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL CONTACT WITH THE CHILD
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a
child is taken into custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she can
understand why he/she is being placed under custody and the offense that he/she
allegedly committed;
(b) Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her;

(j) Take the child immediately to the proper medical and health officer for a
thorough physical and mental examination. The examination results shall be kept
confidential unless otherwise ordered by the Family Court. Whenever the medical
treatment is required, steps shall be immediately undertaken to provide the same;
(k) Ensure that should detention of the child in conflict with the law be necessary,
the child shall be secured in quarters separate from that of the opposite sex and
adult offenders;
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if so, the
reason for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have been
informed of the apprehension and the details thereof; and

(e) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or
abusing, or making sexual advances on the child in conflict with the law;

3. The exhaustion of measures to determine the age of a child and the precise
details of the physical and medical examination or the failure to submit a child to
such examination; and

(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments
of force or restraint, unless absolutely necessary and only after all other methods
of control have been exhausted and have failed;

(m) Ensure that all statements signed by the child during investigation shall be
witnessed by the child's parents or guardian, social worker, or legal counsel in
attendance who shall affix his/her signature to the said statement.

(f) Refrain from subjecting the child in conflict with the law to greater restraint than
is necessary for his/her apprehension;

A child in conflict with the law shall only be searched by a law enforcement officer
of the same gender and shall not be locked up in a detention cell.

(g) Avoid violence or unnecessary force;

SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall,
in his/her investigation, determine where the case involving the child in conflict with
the law should be referred.

(h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over
custody of the child to the Social Welfare and Development Office or other
accredited NGOs, and notify the child's apprehension. The social welfare and
development officer shall explain to the child and the child's parents/guardians the
consequences of the child's act with a view towards counseling and rehabilitation,
diversion from the criminal justice system, and reparation, if appropriate;

The taking of the statement of the child shall be conducted in the presence of the
following: (1) child's counsel of choice or in the absence thereof, a lawyer from the
Public Attorney's Office; (2) the child's parents, guardian, or nearest relative, as the
case may be; and (3) the local social welfare and development officer. In the
absence of the child's parents, guardian, or nearest relative, and the local social
welfare and development officer, the investigation shall be conducted in the
presence of a representative of an NGO, religious group, or member of the BCPC.

After the initial investigation, the local social worker conducting the same may do
either of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below
or above fifteen (15) but below eighteen (18) years old, who acted without
discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who
acted with discernment, proceed to diversion under the following chapter.

CHAPTER 2
DIVERSION
SEC. 23. System of Diversion. - Children in conflict with the law shall undergo
diversion programs without undergoing court proceedings subject to the conditions
herein provided:
(a) 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. The child and his/her family
shall be present in these activities.
(b) 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, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court.
SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be
conducted at the Katarungang Pambarangay, the police investigation or the
inquest or preliminary investigation stage and at all 1evels and phases of the
proceedings including judicial level.

SEC. 25. 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.
SEC. 26. Contract of Diversion. - If during the conferencing, mediation or
conciliation, the child voluntarily admits the commission of the act, a diversion
program shall be developed when appropriate and desirable as determined under
Section 30. Such admission shall not be used against the child in any subsequent
judicial, quasi-judicial or administrative proceedings. The diversion program shall
be effective and binding if accepted by the parties concerned. The acceptance
shall be in writing and signed by the parties concerned and the appropriate
authorities. The local social welfare and development officer shall supervise the
implementation of the diversion program. The diversion proceedings shall be
completed within forty-five (45) days. The period of prescription of the offense shall
be suspended until the completion of the diversion proceedings but not to exceed
forty-five (45) days.
The child shall present himself/herself to the competent authorities that imposed
the diversion program at least once a month for reporting and evaluation of the
effectiveness of the program.
Failure to comply with the terms and conditions of the contract of diversion, as
certified by the local social welfare and development officer, shall give the offended
party the option to institute the appropriate legal action.
The period of prescription of the offense shall be suspended during the effectivity
of the diversion program, but not exceeding a period of two (2) years.
SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the
offense does not fall under Section 23(a) and (b), or if the child, his/her parents or
guardian does not consent to a diversion, the Punong Barangay handling the case
shall, within three (3) days from determination of the absence of jurisdiction over
the case or termination of the diversion proceedings, as the case may be, forward
the records of the case of the child to the law enforcement officer, prosecutor or
the appropriate court, as the case may be. Upon the issuance of the corresponding
document, certifying to the fact that no agreement has been reached by the
parties, the case shall be filed according to the regular process.
SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. If the offense does not fall under Section 23(a) and (b), or if the child, his/her

parents or guardian does not consent to a diversion, the Women and Children
Protection Desk of the PNP, or other law enforcement officer handling the case of
the child under custody, to the prosecutor or judge concerned for the conduct of
inquest and/or preliminary investigation to determine whether or not the child
should remain under custody and correspondingly charged in court. The document
transmitting said records shall display the word "CHILD" in bold letters.
SEC. 29. Factors in Determining Diversion Program. - In determining whether
diversion is appropriate and desirable, the following factors shall be taken into
consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
SEC. 30. Formulation of the Diversion Program. - In formulating a diversion
program, the individual characteristics and the peculiar circumstances of the child
in conflict with the law shall be used to formulate an individualized treatment.
The following factors shall be considered in formulating a diversion program for the
child:

(d) The availability of community-based programs for rehabilitation and

reintegration of the child.
SEC. 31. Kinds of Diversion Programs. - The diversion program shall include
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:
(a) 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;

(a) The child's feelings of remorse for the offense he/she committed;

(8) Participation in available community-based programs, including community

service; or

(b) The parents' or legal guardians' ability to guide and supervise the child;

(9) Participation in education, vocation and life skills programs.

(c) The victim's view about the propriety of the measures to be imposed; and

(b) At the level of the law enforcement officer and the prosecutor:

(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and

CHAPTER 4
COURT PROCEEDINGS

(2) Confiscation and forfeiture of the proceeds or instruments of the crime;

(c) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs(a)and (b) above;
(2) Written or oral reprimand or citation;

SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged
mitigating circumstance of minority shall be considered.
SEC. 35. Release on Recognizance. - Where a child is detained, the court shall
order:

(3) Fine:

(a) the release of the minor on recognizance to his/her parents and other suitable
person;

(4) Payment of the cost of the proceedings; or

(b) the release of the child in conflict with the law on bail; or

(5) Institutional care and custody.

(c) the transfer of the minor to a youth detention home/youth rehabilitation center.

CHAPTER 3
PROSECUTION

The court shall not order the detention of a child in a jail pending trial or hearing of
his/her case.

SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained
prosecutor to conduct inquest, preliminary investigation and prosecution of cases
involving a child in conflict with the law. If there is an allegation of torture or illtreatment of a child in conflict with the law during arrest or detention, it shall be the
duty of the prosecutor to investigate the same.

SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial
may be released on bail or recognizance as provided for under Sections 34 and 35
under this Act. In all other cases and whenever possible, detention pending trial
may be replaced by alternative measures, such as close supervision, intensive
care or placement with a family or in an educational setting or home.
Institutionalization or detention of the child pending trial shall be used only as a
measure of last resort and for the shortest possible period of time.

SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor

shall conduct a preliminary investigation in the following instances: (a) when the
child in conflict with the law does not qualify for diversion: (b) when the child,
his/her parents or guardian does not agree to diversion as specified in Sections 27
and 28; and (c) when considering the assessment and recommendation of the
social worker, the prosecutor determines that diversion is not appropriate for the
child in conflict with the law.

Whenever detention is necessary, a child will always be detained in youth

detention homes established by local governments, pursuant to Section 8 of the
Family Courts Act, in the city or municipality where the child resides.

Upon serving the subpoena and the affidavit of complaint, the prosecutor shall
notify the Public Attorney's Office of such service, as well as the personal
information, and place of detention of the child in conflict with the law.

In the absence of a youth detention home, the child in conflict with the law may be
committed to the care of the DSWD or a local rehabilitation center recognized by
the government in the province, city or municipality within the jurisdiction of the
court. The center or agency concerned shall be responsible for the child's
appearance in court whenever required.

Upon determination of probable cause by the prosecutor, the information against

the child shall be filed before the Family Court within forty-five (45) days from the
start of the preliminary investigation.

SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for
the offense with which the child in conflict with the law is charged is imprisonment
of not more than twelve (12) years, regardless of the fine or fine alone regardless

of the amount, and before arraignment of the child in conflict with the law, the court
shall determine whether or not diversion is appropriate.
SEC. 38. Automatic Suspension of Sentence. - Once the child who is under
eighteen (18) years of age at the time of the commission of the offense is found
guilty of the offense charged, the court shall determine and ascertain any civil
liability which may have resulted from the offense committed. However, instead of
pronouncing the judgment of conviction, the court shall place the child in conflict
with
the
law
under
suspended
sentence,
without
need
of
application: Provided, however, That suspension of sentence shall still be applied
even if the juvenile is already eighteen years (18) of age or more at the time of the
pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various chcumstances of
the child, the court shall impose the appropriate disposition measures as provided
in the Supreme Court Rule on Juveniles in Conflict with the Law.
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the
recommendation of the social worker who has custody of the child, the court shall
dismiss the case against the child whose sentence has been suspended and
against whom disposition measures have been issued, and shall order the final
discharge of the child if it finds that the objective of the disposition measures have
been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability
resulting from the commission of the offense, which shall be enforced in
accordance with law.
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court
finds that the objective of the disposition measures imposed upon the child in
conflict with the law have not been fulfilled, or if the child in conflict with the law has
willfully failed to comply with the conditions of his/her disposition or rehabilitation
program, the child in conflict with the law shall be brought before the court for
execution of judgment.
If said child in conflict with the law has reached eighteen (18) years of age while
under suspended sentence, the court shall determine whether to discharge the
child in accordance with this Act, to order execution of sentence, or to extend the
suspended sentence for a certain specified period or until the child reaches the
maximum age of twenty-one (21) years.

SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall
be credited in the services of his/her sentence with the full time spent in actual
commitment and detention under this Act.
SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it
shall have convicted and sentenced a child in conflict with the law, and upon
application at any time, place the child on probation in lieu of service of his/her
sentence taking into account the best interest of the child. For this purpose,
Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law
of 1976", is hereby amended accordingly.
CHAPTER
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

SEC. 43. Confedentiality of Records and Proceedings. - All records and

proceedings involving children in conflict with the law from initial contact until final
disposition of the case shall be considered privileged and confidential. The public
shall be excluded during the proceedings and the records shall not be disclosed
directly or indirectly to anyone by any of the parties or the participants in the
proceedings for any purpose whatsoever, except to determine if the child in conflict
with the law may have his/hes sentence suspended or if he/she may be granted
probation under the Probation Law, or to enforce the civil liability imposed in the
criminal action.
The component authorities shall undertake all measures to protect this
confidentiality of proceedings, including non-disclosure of records to the media,
maintaining a separate police blotter for cases involving children in conflict with the
law and adopting a system of coding to conceal material information which will
lead to the child's identity. Records of a child in conflict with the law shall not be
used in subsequent proceedings for cases involving the same offender as an adult,
except when beneficial for the offender and upon his/her written consent.
A person who has been in conflict with the law as a child shall not be held under
any provision of law, to be guilty of perjury or of concealment or misrepresentation
by reason of his/her failure to acknowledge the case or recite any fact related
thereto in response to any inquiry made to him/her for any purpose.

TITLE VI
REHABILITATION AND REINTEGRATION

SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of

rehabilitation and reintegration of children in conflict with the law is 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.
SEC. 45. Court Order Required. - No child shall be received in any rehabilitation
or training facility without a valid order issued by the court after a hearing for the
purpose. The details of this order shall be immediately entered in a register
exclusively for children in conflict with the law. No child shall be admitted in any
facility where there is no such register.
SEC. 46, Separate Facilities from Adults. - In all rehabilitation or training
facilities, it shall be mandatory that children shall be separated from adults unless
they are members of the same family. Under no other circumstance shall a child in
conflict with the law be placed in the same confinement as adults.
The rehabilitation, training or confinement area of children in conflict with the law
shall provide a home environment where children in conflict with the law can be
provided with quality counseling and treatment.
SEC. 47. Female Children. - Female children in conflict with the law placed in an
institution shall be given special attention as to their personal needs and problems.
They shall be handled by female doctors, correction officers and social workers,
and shall be accommodated separately from male children in conflict with the law.
SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and
training facilities shall handle children in conflict with the law without having
undergone gender sensitivity training.
SEC. 49. Establishment of Youth Detention Homes. - The LGUs shall set aside
an amount to build youth detention homes as mandated by the Family Courts Act.
Youth detention homes may also be established by private and NGOs licensed and
accredited by the DSWD, in consultation with the JJWC.

the province to which the municipality belongs shall pay one-third (1/3) and the
remaining one-third (1/3) shall be borne by the national government. Chartered
cities shall pay two-thirds (2/3) of said expenses; and in case a chartered city
cannot pay said expenses, part of the internal revenue allotments applicable to the
unpaid portion shall be withheld and applied to the settlement of said
obligations:Provided, further, That in the event that the child in conflict with the law
is not a resident of the municipality/city where the offense was committed, the
court, upon its determination, may require the city/municipality where the child in
conflict with the law resides to shoulder the cost.
All city and provincial governments must exert effort for the immediate
establishment of local detention homes for children in conflict with the law.
SEC. 51. Confinement of Convicted Children in Agricultural Camps and other
Training Facilities. - A child
in conflict with the law may, after conviction and upon order of the court, be made
to serve his/her sentence, in lieu of confinement in a regular penal institution, in an
agricultural camp and other training facilities that may be established, maintained,
supervised and controlled by the BUCOR, in coordination with the DSWD.
SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in
conflict with the law, whose sentences are suspended may, upon order of the
court, undergo any or a combination of disposition measures best suited to the
rehabilitation and welfare of the child as provided in the Supreme Court Rule on
Juveniles in Conflict with the Law.
If the community-based rehabilitation is availed of by a child in conflict with the law,
he/she shall be released to parents, guardians, relatives or any other responsible
person in the community. Under the supervision and guidance of the local social
welfare and development officer, and in coordination with his/her parents/guardian,
the child in conflict with the law shall participate in community-based programs,
which shall include, but not limited to:
(1) Competency and life skills development;

SEC. 50. Care and Maintenance of the Child in Conflict with the Law. - The
expenses for the care and maintenance of a child in conflict with the law under
institutional care shall be borne by his/her parents or those persons liable to
support him/her: Provided, That in case his/her parents or those persons liable to
support him/her cannot pay all or part of said expenses, the municipality where the
offense was committed shall pay one-third (1/3) of said expenses or part thereof;

(2) Socio-cultural and recreational activities;

(3) Community volunteer projects;
(4) Leadership training;

(5) Social services;

(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the
law and encourage community support and involvement; and

(6) Homelife services;

(7) Health services; .
(8) Spiritual enrichment; and
(9) Community and family welfare services.
In accordance therewith, the family of the child in conflict with the law shall
endeavor to actively participate in the community-based rehabilitation.
Based on the progress of the youth in the community, a final report will be
forwarded by the local social welfare and development officer to the court for final
disposition of the case.
If the community-based programs are provided as diversion measures under
Chapter II, Title V, the programs enumerated above shall be made available to the
child in conflict with the law.
SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation center shall
provide 24-hour group care, treatment and rehabilitation services under the
guidance of a trained staff where residents are cared for under a structured
therapeutic environment with the end view of reintegrating them in their families
and communities as socially functioning individuals. A quarterly report shall be
submitted by the center to the proper court on the progress of the children in
conflict with the law. Based on the progress of the youth in the center, a final report
will be forwarded to the court for final disposition of the case. The DSWD shall
establish youth rehabilitation centers in each region of the country.
SEC. 54. Objectives of Community Based Programs. - The objectives of
community-based programs are as follows:
(a) Prevent disruption in the education or means of livelihood of the child in conflict
with the law in case he/she is studying, working or attending vocational learning
institutions;
(b) Prevent separation of the child in conflict with the law from his/her
parents/guardians to maintain the support system fostered by their relationship and
to create greater awareness of their mutual and reciprocal responsibilities;

(d) Minimize the stigma that attaches to the child in conflict with the law by
preventing jail detention.
SEC. 55. Criteria of Community-Based Programs. - Every LGU shall establish
community-based programs that will focus on the rehabilitation and reintegration of
the child. All programs shall meet the criteria to be established by the JJWC which
shall take into account the purpose of the program, the need for the consent of the
child and his/her parents or legal guardians, and the participation of the childcentered agencies whether public or private.
SEC. 56. After-Care Support Services for Children in Conflict with the Law. Children in conflict with the law whose cases have been dismissed by the proper
court because of good behavior as per recommendation of the DSWD social
worker and/or any accredited NGO youth rehabilitation center shall be provided
after-care services by the local social welfare and development officer for a period
of at least six (6) months. The service includes counseling and other communitybased services designed to facilitate social reintegration, prevent re-offending and
make the children productive members of the community.

TITLE VII
GENERAL PROVISIONS
CHAPTER 1
EXEMPTING PROVISIONS
SEC. 57. Status Offenees. - Any conduct not considered an offense or not
penalized if committed by an adult shall not be considered an offense and shall not
be punished if committed by a child.
SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18)
years of age shall be exempt from prosecution for the crime of vagrancy and
prostitution under Section 202 of the Revised Penal Code, of mendicancy under
Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No.
1619, such prosecution being inconsistent with the United Nations Convention on
the Rights of the Child: Provided, That said persons shall undergo appropriate
counseling and treatment program.

SEC. 59. Exemption from the Application of Death Penalty. - The provisions of
the Revised Penal Code, as amended, Republic Act No. 9165, otherwise known as
the Comprehensive Dangerous Drugs Act of 2002, and other special laws
notwithstanding, no death penalty shall be imposed upon children in conflict with
the law.
CHAPTER 2
PROHIBITED ACTS
SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the
proceedings beginning from the initial contact with the child, the competent
authorities must refrain from branding or labeling children as young criminals,
juvenile delinquents, prostitutes or attaching to them in any manner any other
derogatory names. Likewise, no discriminatory remarks and practices shall be
allowed particularly with respect to the child's class or ethnic origin.
SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall
be considered prejudicial and detrimental to the psychological, emotional, social,
spiritual, moral and physical health and well-being of the child in conflict with the
law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;

SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in

General. - Any person who violates any provision of this Act or any rule or
regulation promulgated in accordance thereof shall, upon conviction for each act or
omission, be punished by a fine of not less than Twenty thousand pesos
(P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or suffer
imprisonment of not less than eight (8) years but not more than ten (10) years, or
both such fine and imprisonment at the discretion of the court, unless a higher
penalty is provided for in the Revised Penal Code or special laws. If the offender is
a public officer or employee, he/she shall, in addition to such fine and/or
imprisonment, be held administratively liable and shall suffer the penalty of
perpetual absolute disqualification.
CHAPTER 4
APPROPRIATION PROVISION
SEC. 63. Appropriations. - The amount necessary to carry out the initial
implementation of this Act shall be charged to the Office of the President.
Thereafter, such sums as may be necessary for the continued implementation of
this Act shall be included in the succeeding General Appropriations Act.
An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting
up the JJWC shall be taken from the proceeds of the Philippine Charity
Sweepstakes Office.

(b) Employment of abusive, coercive and punitive measures such as cursing,

beating, stripping, and solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of punishment such as
shaving the heads, pouring irritating, corrosive or harmful substances over the
body of the child in conflict with the law, or forcing him/her to walk around the
community wearing signs which embarrass, humiliate, and degrade his/her
personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under
any and all instances.

CHAPTER 3
PENAL PROVISION

TITLE VIII
TRANSITORY PROVISIONS
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. Upon effectivity of this Act, cases of children fifteen (15) years old and below at the
time of the commission of the crime shall immediately be dismissed and the child
shall be referred to the appropriate local social welfare and development officer.
Such officer, upon thorough assessment of the child, shall determine whether to
release the child to the custody of his/her parents, or refer the child to prevention
programs as provided under this Act. Those with suspended sentences and
undergoing rehabilitation at the youth rehabilitation center shall likewise be
released, unless it is contrary to the best interest of the child.

SEC. 65. Children Detained Pending Dial. - If the child is detained pending trial,
the Family Court shall also determine whether or not continued detention is
necessary and, if not, determine appropriate alternatives for detention.
If detention is necessary and he/she is detained with adults, the court shall
immediately order the transfer of the child to a youth detention home.
SEC. 66. Inventory of "Locked-up" and Detained Children in Conflict with the
Law. - The PNP, the BJMP and the BUCOR are hereby directed to submit to the
JJWC, within ninety (90) days from the effectivity of this Act, an inventory of all
children in conflict with the law under their custody.
SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending
Diversion and Court Proceedings. - If a child reaches the age of eighteen (18)
years pending diversion and court proceedings, the appropriate diversion authority
in consultation with the local social welfare and development officer or the Family
Court in consultation with the Social Services and Counseling Division (SSCD) of
the Supreme Court, as the case may be, shall determine the appropriate
disposition. In case the appropriate court executes the judgment of conviction, and
unless the child in conflict the law has already availed of probation under
Presidential Decree No. 603 or other similar laws, the child may apply for probation
if qualified under the provisions of the Probation Law.
SEC. 68. Children Who Have Been Convicted and are Serving Sentence. Persons who have been convicted and are serving sentence at the time of the
effectivity of this Act, and who were below the age of eighteen (18) years at the
time the commission of the offense for which they were convicted and are serving
sentence, shall likewise benefit from the retroactive application of this Act. They
shall be entitled to appropriate dispositions provided under this Act and their
sentences shall be adjusted accordingly. They shall be immediately released if
they are so qualified under this Act or other applicable law.

REPUBLIC ACT NO. 10630

AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE
PHILIPPINES, AMENDING FOR THE PURPOSEREPUBLIC ACT NO. 9344,
OTHERWISE KNOWN AS THE JUVENILE JUSTICE AND WELFARE ACT OF
2006 AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:
SECTION 1. The Title of Republic Act No. 9344 is hereby amended to read as
follows: An Act Establishing a Comprehensive Juvenile Justice and Welfare
System, Creating the Juvenile justice and Welfare Council under the Department
of Social Welfare and Development, Appropriating Funds Therefor, and for Other
Purposes.
SEC. 2. Section 4 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 4. Definition of Terms. The following terms as used in this Act shall be
defined as follows:
x

(s) Bahay Pag-asa refers to a 24-hour child-caring institution established,

funded and managed by local government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs) providing short-term residential
care for children in conflict with the law who are above fifteen (15) but below
eighteen (18) years of age who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.
Part of the features of a Bahay Pag-asa is an intensive juvenile intervention and
support center. This will cater to children in conflict with the law in accordance with
Sections 20, 20-A and 20-B hereof.
A multi-disciplinary team composed of a social worker, a psychologist/mental
health professional, a medical doctor, an educational/guidance counselor and a
Barangay Council for the Protection of Children (BCPC) member shall operate the
Bahay Pag-asa. The team will work on the individualized intervention plan with
the child and the childs family.
x

x.

SEC. 3. Section 6 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 6. 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
pursuant to Section 20 of this Act.

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

(k) Commission on Human Rights (CHR);

(l) Technical Education and Skills Development Authority (TESDA);

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.
The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing
laws.
SEC. 4. Section 8 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 8. Juvenile Justice and Welfare Council (JJWC). A Juvenile Justice and
Welfare Council (JJWC) is hereby created and attached to the Department of
Social Welfare and Development and placed under its administrative supervision.
The JJWC shall be chaired by an Undersecretary of the Department of Social
Welfare and Development. It shall ensure the effective implementation of this Act
and coordination among the following agencies:
(a) Department of Justice (DOJ);
(b) Council for the Welfare of Children (CWC);
(c) Department of Education (DepED);
(d) Department of the Interior and Local Government (DILG);
(e) Public Attorneys Office (PAO);
(f) Bureau of Corrections (BUCOR);
(g) Parole and Probation Administration (PPA);
(h) National Bureau of Investigation (NBI);
(i) Philippine National Police (PNP);
(j) Bureau of Jail Management and Penology (BJMP);

(m) National Youth Commission (NYC); and

(n) Other institutions focused on juvenile justice and intervention programs.
The JJWC shall be composed of representatives, whose ranks shall not be lower
than director, to be designated by the concerned heads of the following
departments or agencies and shall receive emoluments as may be determined by
the Council in accordance with existing budget and accounting rules and
regulations:
(1) Department of Justice (DOJ);
(2) Department of Social Welfare and Development (DSWD);
(3) Council for the Welfare of Children (CWC);
(4) Department of Education (DepED);
(5) Department of the Interior and Local Government (DILG);
(6) Commission on Human Rights (CHR);
(7) National Youth Commission (NYC);
(8) Two (2) representatives from NGOs, to be designated by the Secretary of
Social Welfare and Development, to be selected based on the criteria established
by the Council;
(9) Department of Health (DOH); and
(10) One (1) representative each from the League of Provinces, League of Cities,
League of Municipalities and League of Barangays.
There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in
each region. The RJJWCs will be under the administration and supervision of the
JJWC. The RJJWC shall be chaired by the director of the regional office of the

DSWD. It shall ensure the effective implementation of this Act at the regional and
LGU levels and the coordination among its member agencies.
The RJJWC will be composed of permanent representatives who shall have a
rank not lower than an assistant regional director or its equivalent to be designated
by the concerned department heads from the following agencies and shall receive
emoluments as may be determined by the Council in accordance with existing
budget and accounting rules and regulations:

The JJWC shall coordinate with the Office of the Court Administrator and the
Philippine Judicial Academy to ensure the realization of its mandate and the proper
discharge of its duties and functions, as herein provided.
SEC.5. Section 9 of Republic Act No. 9344 is hereby amended to read as follows:
SEC. 9. Duties and Functions of the JJWC. The JJWC shall have the following
duties and functions:

(i) Department of Justice (DOJ);

(a) To oversee the implementation of this Act;

(ii) Department of Social Welfare and Development (DSWD);

(b) To advise the President on all matters and policies relating to juvenile justice
and welfare;

(iii) Department of Education (DepED);

(iv) Department of the Interior and Local Government (DILG);

(c) To assist the concerned agencies in the review and redrafting of existing
policies/regulations or in the formulation of new ones in line with the provisions of
this Act;

(v) Commission on Human Rights (CHR);

(vi) Department of Health (DOH);
(vii) Two (2) representatives from NGOs operating within the region selected by
the RJJWC based on the criteria established by the JJWC;
(viii) One (1) sectoral representative from the children or youth sector within the
region; and
(ix) One (1) representative from the League of Provinces/ Cities/ Municipalities/
Barangays of the Philippines.
The JJWC shall convene within fifteen (15) days from the effectivity of this Act.
The Secretary of Social Welfare and Development shall determine the
organizational structure and staffing pattern of the JJWC national secretariat and
the RJJWC secretariat.
In the implementation of this Act, the JJWC shall consult with the various leagues
of local government officials.

(d) To periodically develop a comprehensive 3 to 5-year national juvenile

intervention program, with the participation of government agencies concerned,
NGOs and youth organizations;
(e) To coordinate the implementation of the juvenile intervention programs and
activities by national government agencies and other activities which may have an
important bearing on the success of the entire national juvenile intervention
program. All programs relating to juvenile justice and welfare shall be adopted in
consultation with the JJWC;
(f) To consult with the various leagues of local government officials in the
formulation and recommendation of policies and strategies for the prevention of
juvenile delinquency and the promotion of juvenile justice and welfare;
(g) To formulate and recommend policies and strategies in consultation with
children for the prevention of juvenile delinquency and the administration of justice,
as well as for the treatment and rehabilitation of the children in conflict with the law;
(h) To collect relevant information and conduct continuing research and support
evaluations and studies on all matters relating to juvenile justice and welfare, such
as, but not limited to:

(1) The performance and results achieved by juvenile intervention programs and
by activities of the local government units and other government agencies;
(2) The periodic trends, problems and causes of juvenile delinquency and crimes;
and

(b) To assist the concerned agencies in the implementation and in compliance

with the JJWCs adopted policies/regulations or provide substantial inputs to the
JJWC in the formulation of new ones in line with the provisions of this Act;

(3) The particular needs of children in conflict with the law in custody.

(c) To assist in the development of the comprehensive 3 to 5-year local juvenile

intervention program, with the participation of concerned LGUs, NGOs and youth
organizations within the region and monitor its implementation;

The data gathered shall be used by the JJWC in the improvement of the
administration of juvenile justice and welfare system.

(d) To coordinate the implementation of the juvenile intervention programs and

activities by national government agencies and other activities within the region;

The JJWC shall submit an annual report to Congress on the implementation of the
provisions of this Act.

(e) To oversee the programs and operation of the intensive juvenile intervention
and support center established within the region;

The JJWC shall set up a mechanism to ensure that children are involved in
research and policy development.

(f) To collect relevant regional information and conduct continuing research and
support evaluations and studies on all matters relating to juvenile justice and
welfare within the region, such as, but not limited to:

(i) Through duly designated persons and with the assistance of the agencies
provided in the preceding section, to conduct regular inspections in detention and
rehabilitation facilities and to undertake spot inspections on their own initiative in
order to check compliance with the standards provided herein and to make the
necessary recommendations to appropriate agencies;

(1) Performance and results achieved by juvenile intervention programs and by

activities of the LGUs and other government agencies within the region;
(2) The periodic trends, problems and causes of juvenile delinquency and crimes
from the LGU level to the regional level; and

(j) To initiate and coordinate the conduct of trainings for the personnel of the
agencies involved in the administration of the juvenile justice and welfare system
and the juvenile intervention program;

(3) The particular needs of children in conflict with the law in custody within their
regional jurisdiction.

(k) To submit an annual report to the President on the implementation of this Act;
and

The data gathered shall be forwarded by the RJJWC to the JJWC on an annual
basis and as may be deemed necessary by the JJWC.

(l) To perform such other functions as may be necessary to implement the

provisions of this Act.

(g) Through duly designated persons and with the assistance of the agencies
provided in the preceding section, to conduct regular inspections in detention and
rehabilitation facilities within the region and to undertake spot inspections on their
own initiative in order to check compliance with the standards provided herein and
to make the necessary reports and recommendations to appropriate agencies and
to the JJWC;

SEC. 9-A. Duties and Functions of the RJJWC. The RJJWC shall have the
following duties and functions:
(a) To oversee and ensure the effective implementation of this Act at the regional
level and at the level of the LGUs;

(h) To initiate and coordinate the conduct of trainings for the personnel of the
agencies involved in the administration of the juvenile justice and welfare system
and the juvenile intervention program within the region;

(i) To submit an annual report to the JJWC on the implementation of this Act; and
(j) To perform such other functions as may be determined by the JJWC to
implement the provisions of this Act.
SEC. 6. Section 20 of Republic Act No. 9344 is hereby amended to read as
follows:
SEC. 20. Children Below the Age of Criminal Responsibility. If it has been
determined that the child taken into custody is fifteen (15) years old or below, the
authority which will have an initial contact with the child, in consultation with the
local social welfare and development officer, has the duty to immediately release
the child to the custody of his/her parents or guardian, or in the absence thereof,
the childs nearest relative. The child shall be subjected to a community-based
intervention program supervised by the local social welfare and development
officer, unless the best interest of the child requires the referral of the child to a
youth care facility or Bahay Pag-asa managed by LGUs or licensed and/or
accredited NGOs monitored by the DSWD.
The local social welfare and development officer shall determine the appropriate
programs for the child who has been released, in consultation with the child and
the person having custody over the child. If the parents, guardians or nearest
relatives cannot be located, or if they refuse to take custody, the child may be
released to any of the following:
(a) A duly registered nongovernmental or religious organization;
(b) A barangay official or a member of the Barangay Council for the Protection of
Children (BCPC);
(c) A local social welfare and development officer; or, when and where
appropriate, the DSWD.
If the child has been found by the local social welfare and development officer to
be dependent, abandoned, neglected or abused by his/her parents and the best
interest of the child requires that he/she be placed in a youth care facility or Bahay
Pag-asa, the childs parents or guardians shall execute a written authorization for
the voluntary commitment of the child: Provided, That if the child has no parents or
guardians or if they refuse or fail to execute the written authorization for voluntary
commitment, the proper petition for involuntary commitment shall be immediately
filed by the DSWD or the Local Social Welfare and Development Office (LSWDO)

pursuant to Presidential Decree No. 603, as amended, otherwise known as The

Child and Youth Welfare Code and the Supreme Court rule on commitment of
children: Provided, further, That the minimum age for children committed to a
youth care facility or Bahay Pag-asa shall be twelve (12) years old.
SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From
Criminal Responsibility. A child who is above twelve (12) years of age up to
fifteen (15) years of age and who commits parricide, murder, infanticide,
kidnapping and serious illegal detention where the victim is killed or raped,
robbery, with homicide or rape, destructive arson, rape, or carnapping where the
driver or occupant is killed or raped or offenses under Republic Act No. 9165
(Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve
(12) years of imprisonment, shall be deemed a neglected child under Presidential
Decree No. 603, as amended, and shall be mandatorily placed in a special facility
within the youth care faculty or Bahay Pag-asa called the Intensive Juvenile
Intervention and Support Center (IJISC).
In accordance with existing laws, rules, procedures and guidelines, the proper
petition for involuntary commitment and placement under the IJISC shall be filed
by the local social welfare and development officer of the LGU where the offense
was committed, or by the DSWD social worker in the local social welfare and
development officers absence, within twenty-four (24) hours from the time of the
receipt of a report on the alleged commission of said child. The court, where the
petition for involuntary commitment has been filed shall decide on the petition
within seventy-two (72) hours from the time the said petition has been filed by the
DSWD/LSWDO. The court will determine the initial period of placement of the child
within the IJISC which shall not be less than one (1) year. The multi-disciplinary
team of the IJISC will submit to the court a case study and progress report, to
include a psychiatric evaluation report and recommend the reintegration of the
child to his/her family or the extension of the placement under the IJISC. The multidisciplinary team will also submit a report to the court on the services extended to
the parents and family of the child and the compliance of the parents in the
intervention program. The court will decide whether the child has successfully
completed the center-based intervention program and is already prepared to be
reintegrated with his/her family or if there is a need for the continuation of the
center-based rehabilitation of the child. The court will determine the next period of
assessment or hearing on the commitment of the child.
SEC. 20-B. Repetition of Offenses. A child who is above twelve (12) years of
age up to fifteen (15) years of age and who commits an offense for the second
time or oftener: Provided, That the child was previously subjected to a communitybased intervention program, shall be deemed a neglected child under Presidential

Decree No. 603, as amended, and shall undergo an intensive intervention program
supervised by the local social welfare and development officer: Provided,
further, That, if the best interest of the child requires that he/she be placed in a
youth care facility or Bahay Pag-asa, the childs parents or guardians shall
execute a written authorization for the voluntary commitment of the
child: Provided, finally, That if the child has no parents or guardians or if they
refuse or fail to execute the written authorization for voluntary commitment, the
proper petition for involuntary commitment shall be immediately filed by the DSWD
or the LSWDO pursuant to Presidential Decree No. 603, as amended.
SEC. 20-C. Exploitation of Children for Commission of Crimes. Any person who,
in the commission of a crime, makes use, takes advantage of, or profits from the
use of children, including any person who abuses his/her authority over the child or
who, with abuse of confidence, takes advantage of the vulnerabilities of the child
and shall induce, threaten or instigate the commission of the crime, shall be
imposed the penalty prescribed by law for the crime committed in its maximum
period.
SEC. 20-D. Joint Parental Responsibility. Based on the recommendation of the
multi-disciplinary team of the IJISC, the LSWDO or the DSWD, the court may
require the parents of a child in conflict with the law to undergo counseling or any
other intervention that, in the opinion of the court, would advance the welfare and
best interest of the child.
As used in this Act, parents shall mean any of the following:
(a) Biological parents of the child; or
(b) Adoptive parents of the child; or
(c) Individuals who have custody of the child.
A court exercising jurisdiction over a child in conflict with the law may require the
attendance of one or both parents of the child at the place where the proceedings
are to be conducted.
The parents shall be liable for damages unless they prove, to the satisfaction of
the court, that they were exercising reasonable supervision over the child at the
time the child committed the offense and exerted reasonable effort and utmost
diligence to prevent or discourage the child from committing another offense.

SEC. 20-E. Assistance to Victims of Offenses Committed by Children. The

victim of the offense committed by a child and the victims family shall be provided
the appropriate assistance and psychological intervention by the LSWDO, the
DSWD and other concerned agencies.
SEC. 7. Section 22 of Republic Act No. 9344 is hereby amended to read as
follows:
SEC. 22. Duties During Initial Investigation. The law enforcement officer shall, in
his/her investigation, determine where the case involving the child in conflict with
the law should be referred.
The taking of the statement of the child shall be conducted in the presence of the
following: (1) childs counsel of choice or in the absence thereof, a lawyer from the
Public Attorneys Office; (2) the childs parents, guardian, or nearest relative, as the
case may be; and (3) the local social welfare and development officer. In the
absence of the childs parents, guardian, or nearest relative, and the local social
welfare and development officer, the investigation shall be conducted in the
presence of a representative of an NGO, religious group, or member of the BCPC.
The social worker shall conduct an initial assessment to determine the appropriate
interventions and whether the child acted with discernment, using the discernment
assessment tools developed by the DSWD. The initial assessment shall be without
prejudice to the preparation of a more comprehensive case study report. The local
social worker shall do either of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or
below or above fifteen (15) but below eighteen (18) years old, who acted without
discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who
acted with discernment, proceed to diversion under the following chapter.
SEC. 8. Section 33 of Republic Act No. 9344 is hereby amended to read as
follows:
SEC. 33. Preliminary Investigation and Filing of Information. The prosecutor
shall conduct a preliminary investigation in the following instances: (a) when the
child in conflict with the law does not qualify for diversion; (b) when the child,
his/her parents or guardian does not agree to diversion as specified in Sections 27
and 28; and (c) when considering the assessment and recommendation of the

social worker, the prosecutor determines that diversion is not appropriate for the
child in conflict with the law.

SEC. 11. Section 57 of Republic Act No. 9344 is hereby amended to read as
follows:

Upon serving the subpoena and the affidavit of complaint, the prosecutor shall
notify the Public Attorneys Office of such service, as well as the personal
information, and place of detention of the child in conflict with the law.

SEC. 57. Status Offenses. Any conduct not considered an offense or not
penalized if committed by an adult shall not be considered an offense and shall not
be punished if committed by a child.

Upon determination of probable cause by the prosecutor, the information against

the child shall be filed before the Family Court within forty-five (45) days from the
start of the preliminary investigation. The information must allege that the child
acted with discernment.

SEC. 57-A. Violations of Local Ordinances. Ordinances enacted by local

governments concerning juvenile status offenses such as, but not limited to,
curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking
laws, as well as light offenses and 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, shall be for the protection
of children. 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.

SEC. 9. Section 49 of Republic Act No. 9344 is hereby amended to read as

follows:
SEC. 49. Establishment of Bahay Pag-Asa. Each province and highlyurbanized city (the LGUs) shall be responsible for building, funding and operating a
Bahay Pag-asa within their jurisdiction following the standards that will be set by
the DSWD and adopted by the JJWC.
Every Bahay Pag-asa will have a special facility called the IJISC. This Center will
be allocated for children in conflict with the law in accordance with Sections 20, 20A and 20-B hereof. These children will be required to undergo a more intensive
multi-disciplinary intervention program. The JJWC in partnership with, but not
limited to, the DSWD, the DOH, the DepED and the DILG, will develop and set the
standards for the implementation of the multi-disciplinary intervention program of
the IJISC. Upon institutionalization of the IJISC program, the JJWC will continue to
monitor and provide technical assistance to the multi-disciplinary teams operating
the said centers.
SEC. 10. Section 50 of Republic Act No. 9344 is hereby amended to read as
follows:
SEC. 50. Care and Maintenance of the Child in Conflict with the Law. x x x
The LGUs expected expenditures on the local juvenile intervention program for
children at risk and children in conflict with the law shall be included in the LGUs
annual budget. Highly-urbanized cities and provincial governments should include
a separate budget for the construction and maintenance of the Bahay Pag-asa
including the operation of the IJISC within the Bahay Pag-asa.

SEC. 12. Mandatory Registry of Children in Conflict with the Law. All dutybearers, including barangay/BCPC workers, law enforcers, teachers, guidance
counselors, social workers and prosecutors who will receive report, handle or refer
cases of children in conflict with the law, shall ensure a faithful recordation of all
pertinent information, such as age, residence, gender, crime committed or accused
of and the details of the intervention or diversion, as the case may be, under which
they will undergo or has undergone, of all children in conflict with the law to
guarantee the correct application of the provisions of this Act and other laws. The
JJWC shall lead in the establishment of a centralized information management
system on children in conflict with the law. This provision is however without
prejudice to Section 43 of this Act.
SEC. 13. Section 63 of Republic Act No. 9344 is hereby amended to read as
follows:
SEC. 63. Appropriations. The amount necessary to carry out the provisions of
this Act shall be charged against the current years appropriations of the JJWC
under the budget of the Department of Justice. Thereafter, such sums as may be

necessary for the continued implementation of this Act shall be included in the
budget of the DSWD under the annual General Appropriations Act:Provided, That
the amount of Four hundred million pesos (P400,000,000.00) shall be appropriated
for the construction of Bahay Pag-asa rehabilitation centers in provinces or cities
with high incidence of children in conflict with the law to be determined and
identified by the DSWD and the JJWC on a priority basis: Provided, further, That
the said amount shall be coursed through the Department of Public Works and
Highways (DPWH) for its proper implementation.
The LGUs concerned shall make available, from its own resources or assets, their
counterpart share equivalent to the national government contribution of Five million
pesos (P5,000,000.00) per rehabilitation center.
In addition, the Council may accept donations, grants and contributions from
various sources, in cash or in kind, for purposes relevant to its functions, subject to
the usual government accounting and auditing rules and regulations.
SEC. 14. Implementing Rules and Regulations. The JJWC shall promulgate the
necessary rules and regulations within sixty (60) days from the effectivity of this
Act.
SEC. 15. Separability Clause. If any provision of this Act is held unconstitutional,
other provisions not affected thereby shall remain valid and binding.
SEC. 16. Repealing Clause. All laws, decrees, ordinances and rules inconsistent
with the provisions of this Act are hereby modified or repealed accordingly.
PRESIDENTIAL DECREE No. 968 July 24, 1976
ESTABLISHING A PROBATION SYSTEM,
THEREFOR AND FOR OTHER PURPOSES

APPROPRIATING

FUNDS

WHEREAS, there is a need to provide a less costly alternative to the imprisonment

of offenders who are likely to respond to individualized, community-based
treatment programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order and decree
the following:
Section 1. Title and Scope of the Decree. This Decree shall be known as the
Probation Law of 1976. It shall apply to all offenders except those entitled to the
benefits under the provisions of Presidential Decree numbered Six Hundred and
three and similar laws.
Section 2. Purpose. This Decree shall be interpreted so as to:
(a) promote the correction and rehabilitation of an offender by providing him with
individualized treatment;
(b) provide an opportunity for the reformation of a penitent offender which might be
less probable if he were to serve a prison sentence; and
(c) prevent the commission of offenses.
Section 3. Meaning of Terms. As used in this Decree, the following shall, unless
the context otherwise requires, be construed thus:
(a) "Probation" is a disposition under which a defendant, after conviction and
sentence, is released subject to conditions imposed by the court and to the
supervision of a probation officer.
(b) "Probationer" means a person placed on probation.

WHEREAS, one of the major goals of the government is to establish a more

enlightened and humane correctional systems that will promote the reformation of
offenders and thereby reduce the incidence of recidivism;

(c) "Probation Officer" means one who investigates for the court a referral for
probation or supervises a probationer or both.

WHEREAS, the confinement of all offenders prisons and other institutions with
rehabilitation programs constitutes an onerous drain on the financial resources of
the country; and

Section 4. Grant of Probation. Subject to the provisions of this Decree, the court
may, after it shall have convicted and sentenced a defendant and upon application
at any time of said defendant, suspend the execution of said sentence and place
the defendant on probation for such period and upon such terms and conditions as
it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment

or a fine only. An application for probation shall be filed with the trial court, with
notice to the appellate court if an appeal has been taken from the sentence of
conviction. The filing of the application shall be deemed a waver of the right to
appeal, or the automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.
Section 5. Post-sentence Investigation. No person shall be placed on probation
except upon prior investigation by the probation officer and a determination by the
court that the ends of justice and the best interest of the public as well as that of
the defendant will be served thereby.
Section 6. Form of Investigation Report. The investigation report to be submitted
by the probation officer under Section 5 hereof shall be in the form prescribed by
the Probation Administrator and approved by the Secretary of Justice.
Section 7. Period for Submission of Investigation Report. The probation officer
shall submit to the court the investigation report on a defendant not later than sixty
days from receipt of the order of said court to conduct the investigation. The court
shall resolve the petition for probation not later than five days after receipt of said
report.
Pending submission of the investigation report and the resolution of the petition,
the defendant may be allowed on temporary liberty under his bail filed in the
criminal case; Provided, That, in case where no bail was filed or that the defendant
is incapable of filing one, the court may allow the release of the defendant on
recognize the custody of a responsible member of the community who shall
guarantee his appearance whenever required by the court.
Section 8. Criteria for Placing an Offender on Probation. In determining whether
an offender may be placed on probation, the court shall consider all information
relative, to the character, antecedents, environment, mental and physical condition
of the offender, and available institutional and community resources. Probation
shall be denied if the court finds that:
(a) the offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution; or
(b) there is undue risk that during the period of probation the offender will commit
another crime; or

(c) probation will depreciate the seriousness of the offense committed.

Section 9. Disqualified Offenders. The benefits of this Decree shall not be
extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an offense punished
by imprisonment of not less than one month and one day and/or a fine of not less
than Two Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this
Decree became applicable pursuant to Section 33 hereof.
Section 10. Conditions of Probation. Every probation order issued by the court
shall contain conditions requiring that the probationer shall:
(a) present himself to the probation officer designated to undertake his supervision
at such place as may be specified in the order within seventy-two hours from
receipt of said order;
(b) report to the probation officer at least once a month at such time and place as
specified by said officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said employment
without the prior written approval of the probation officer;
(d) undergo medical, psychological or psychiatric examination and treatment and
enter and remain in a specified institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of
persons on probation;

Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the
probationer is transferred shall have the power with respect to him that was
previously possessed by the court which granted the probation.
Section 14. Period of Probation.

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker to visit his home and
place or work;
(j) reside at premises approved by it and not to change his residence without its
prior written approval; or
(k) satisfy any other condition related to the rehabilitation of the defendant and not
unduly restrictive of his liberty or incompatible with his freedom of conscience.
Section 11. Effectivity of Probation Order. A probation order shall take effect upon
its issuance, at which time the court shall inform the offender of the consequences
thereof and explain that upon his failure to comply with any of the conditions
prescribed in the said order or his commission of another offense, he shall serve
the penalty imposed for the offense under which he was placed on probation.
Section 12. Modification of Condition of Probation. During the period of probation,
the court may, upon application of either the probationer or the probation officer,
revise or modify the conditions or period of probation. The court shall notify either
the probationer or the probation officer of the filing such an application so as to
give both parties an opportunity to be heard thereon.
The court shall inform in writing the probation officer and the probationer of any
change in the period or conditions of probation.
Section 13. Control and Supervision of Probationer. The probationer and his
probation program shall be under the control of the court who placed him on
probation subject to actual supervision and visitation by a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of
another court, control over him shall be transferred to the Executive Judge of the
Court of First Instance of that place, and in such a case, a copy of the probation
order, the investigation report and other pertinent records shall be furnished said

(a) The period of probation of a defendant sentenced to a term of imprisonment of

not more than one year shall not exceed two years, and in all other cases, said
period shall not exceed six years.
(b) When the sentence imposes a fine only and the offender is made to serve
subsidiary imprisonment in case of insolvency, the period of probation shall not be
less than nor to be more than twice the total number of days of subsidiary
imprisonment as computed at the rate established, in Article thirty-nine of the
Revised Penal Code, as amended.
Section 15. Arrest of Probationer; Subsequent Disposition. At any time during
probation, the court may issue a warrant for the arrest of a probationer for violation
of any of the conditions of probation. The probationer, once arrested and detained,
shall immediately be brought before the court for a hearing, which may be informal
and summary, of the violation charged. The defendant may be admitted to bail
pending such hearing. In such a case, the provisions regarding release on bail of
persons charged with a crime shall be applicable to probationers arrested under
this provision. If the violation is established, the court may revoke or continue his
probation and modify the conditions thereof. If revoked, the court shall order the
probationer to serve the sentence originally imposed. An order revoking the grant
of probation or modifying the terms and conditions thereof shall not be appealable.
Section 16. Termination of Probation. After the period of probation and upon
consideration of the report and recommendation of the probation officer, the court
may order the final discharge of the probationer upon finding that he has fulfilled
the terms and conditions of his probation and thereupon the case is deemed
terminated.
The final discharge of the probationer shall operate to restore to him all civil rights
lost or suspend as a result of his conviction and to fully discharge his liability for
any fine imposed as to the offense for which probation was granted.
The probationer and the probation officer shall each be furnished with a copy of
such order.

Section 17. Confidentiality of Records. The investigation report and the

supervision history of a probationer obtained under this Decree shall be privileged
and shall not be disclosed directly or indirectly to anyone other than the Probation
Administration or the court concerned, except that the court, in its discretion, may
permit the probationer of his attorney to inspect the aforementioned documents or
parts thereof whenever the best interest of the probationer make such disclosure
desirable or helpful: Provided, Further, That, any government office or agency
engaged in the correction or rehabilitation of offenders may, if necessary, obtain
copies of said documents for its official use from the proper court or the
Administration.

(f) generally, perform such duties and exercise such powers as may be necessary
or incidental to achieve the objectives of this Decree.

Section 18. The Probation Administration. There is hereby created under the
Department of Justice an agency to be known as the Probation Administration
herein referred to as the Administration, which shall exercise general supervision
over all probationers.

Section 21. Qualifications of the Administrator and Assistant Probation

Administrator. To be eligible for Appointment as Administrator or Assistant
Probation Administrator, a person must be at least thirty-five years of age, holder of
a master's degree or its equivalent in either criminology, social work, corrections,
penology, psychology, sociology, public administration, law, police science, police
administration, or related fields, and should have at least five years of supervisory
experience, or be a member of the Philippine Bar with at least seven years of
supervisory experience.

The Administration shall have such staff, operating units and personnel as may be
necessary for the proper execution of its functions.
Section 19. Probation Administration. The Administration shall be headed by the
Probation Administrator, hereinafter referred to as the Administrator, who shall be
appointed by the President of the Philippines. He shall hold office during good
behavior and shall not be removed except for cause.
The Administrator shall receive an annual salary of at least forty thousand pesos.
His powers and duties shall be to:

Section 20. Assistant Probation Administrator. There shall be an Assistant

Probation Administrator who shall assist the Administrator perform such duties as
may be assigned to him by the latter and as may be provided by law. In the
absence of the Administrator, he shall act as head of the Administration.
He shall be appointed by the President of the Philippines and shall receive an
annual salary of at least thirty-six thousand pesos.

Section 22. Regional Office; Regional Probation Officer. The Administration shall
have regional offices organized in accordance with the field service area patterns
established under the Integrated Reorganization Plan.
Such regional offices shall be headed by a Regional Probation Officer who shall be
appointed by President of the Philippines in accordance with the Integrated
Reorganization Plan and upon the recommendation of the Secretary of Justice.

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;
(c) make annual reports to the Secretary of Justice, in such form as the latter may
prescribe, concerning the operation, administration and improvement of the
probation system;

The Regional Probation Officer shall exercise supervision and control over all
probation officer within his jurisdiction and such duties as may assigned to him by
the Administrator. He shall have an annual salary of at least twenty-four thousand
pesos.

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary
rules relative to the methods and procedures of the probation process;

He shall, whenever necessary, be assisted by an Assistant Regional Probation

Officer who shall also be appointed by the President of the Philippines, upon
recommendation of the Secretary of Justice, with an annual salary of at least
twenty thousand pesos.

(e) recommend to the Secretary of Justice the appointment of the subordinate

personnel of his Administration and other offices established in this Decree; and

Section 23. Provincial and City Probation Officers. There shall be at least one
probation officer in each province and city who shall be appointed by the Secretary

of Justice upon recommendation of the Administrator and in accordance with civil

service law and rules.
The Provincial or City Probation Officer shall receive an annual salary of at least
eighteen thousand four hundred pesos.
His duties shall be to:
(a) investigate all persons referred to him for investigation by the proper court or
the Administrator;
(b) instruct all probationers under his supervision of that of the probation aide on
the terms and conditions of their probations;
(c) keep himself informed of the conduct and condition of probationers under his
charge and use all suitable methods to bring about an improvement in their
conduct and conditions;
(d) maintain a detailed record of his work and submit such written reports as may
be required by the Administration or the court having jurisdiction over the
probationer under his supervision;
(e) prepare a list of qualified residents of the province or city where he is assigned
who are willing to act as probation aides;
(f) supervise the training of probation aides and oversee the latter's supervision of
probationers;
(g) exercise supervision and control over all field assistants, probation aides and
other personnel; and
(h) perform such duties as may be assigned by the court or the Administration.
Section 24. Miscellaneous Powers of Provincial and City Probation Officers.
Provincial or City Probation Officers shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgments and to take depositions in
connection with their duties and functions under this Decree. They shall also have,
with respect to probationers under their care, the powers of police officer.

Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City

Probation Officers. No person shall be appointed Regional or Assistant Regional or
Provincial or City Probation Officer unless he possesses at least a bachelor's
degree with a major in social work, sociology, psychology, criminology, penology,
corrections, police science, administration, or related fields and has at least three
years of experience in work requiring any of the abovementioned disciplines, or is
a member of the Philippine Bar with at least three years of supervisory experience.
Whenever practicable, the Provincial or City Probation Officer shall be appointed
from among qualified residents of the province or city where he will be assigned to
work.
Section 26. Organization. Within twelve months from the approval of this Decree,
the Secretary of Justice shall organize the administrative structure of the
Administration and the other agencies created herein. During said period, he shall
also determine the staffing patterns of the regional, provincial and city probation
offices with the end in view of achieving maximum efficiency and economy in the
operations of the probation system.
Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation
Officers shall be assisted by such field assistants and subordinate personnel as
may be necessary to enable them to carry out their duties effectively.
Section 28. Probation Aides. To assist the Provincial or City Probation Officers in
the supervision of probationers, the Probation Administrator may appoint citizens
of good repute and probity to act as probation aides.
Probation Aides shall not receive any regular compensation for services except for
reasonable travel allowance. They shall hold office for such period as may be
determined by the Probation Administrator. Their qualifications and maximum case
loads shall be provided in the rules promulgated pursuant to this Decree.
Section 29. Violation of Confidential Nature of Probation Records. The penalty of
imprisonment ranging from six months and one day to six years and a fine ranging
from hundred to six thousand pesos shall be imposed upon any person who
violates Section 17 hereof.
Section 30. Appropriations. There is hereby authorized the appropriation of the
sum of Six Million Five Hundred Thousand Pesos or so much as may be
necessary, out of any funds in the National Treasury not otherwise appropriated, to
carry out the purposes of this Decree. Thereafter, the amount of at least Ten Million

Five Hundred Thousand Pesos or so much as may be necessary shall be included

in the annual appropriations of the national government.
Section 31. Repealing Clause. All provisions of existing laws, orders and
regulations contrary to or inconsistent with this Decree are hereby repealed or
modified accordingly.
Section 32. Separability of Provisions. If any part, section or provision of this
Decree shall be held invalid or unconstitutional, no other parts, sections or
provisions hereof shall be affected thereby.
Section 33. Effectivity. This Decree shall take effect upon its approval: Provided,
However, That, the application of its substantive provisions concerning the grant of
probation shall only take effect twelve months after the certification by the
Secretary of Justice to the Chief Justice of the Supreme Court that the
administrative structure of the Probation Administration and of the other agencies
has been organized.

REPUBLIC ACT NO. 9262

MARCH 08, 2004

Women, Convention on the Rights of the Child and other international human
rights instruments of which the Philippines is a party.
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against
a woman with whom the person has or had a sexual or dating relationship, or with
whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in
physical, sexual, psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation
of liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a
woman or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child
as a sex object, making demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the abuser;

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,

PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES

b) acts causing or attempting to cause the victim to engage in any sexual activity
by force, threat of force, physical or other harm or threat of physical or other harm
or coercion;

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

c) Prostituting the woman or child.

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against
Women and Their Children Act of 2004".
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the
dignity of women and children and guarantees full respect for human rights. The
State also recognizes the need to protect the family and its members particularly
women and children, from violence and threats to their personal safety and
security.
Towards this end, the State shall exert efforts to address violence committed
against women and children in keeping with the fundamental freedoms guaranteed
under the Constitution and the Provisions of the Universal Declaration of Human
Rights, the convention on the Elimination of all forms of discrimination Against

C. "Psychological violence" refers to acts or omissions causing or likely to cause

mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman
financially dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation, business or activity, except in cases wherein the

other spouse/partner objects on valid, serious and moral grounds as defined in

Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use
and enjoyment of the conjugal, community or property owned in common;

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of
violence against women and their children is committed through any of the
following acts:
(a) Causing physical harm to the woman or her child;

3. destroying household property;

(b) Threatening to cause the woman or her child physical harm;

4. controlling the victims' own money or properties or solely controlling the conjugal
money or properties.

(c) Attempting to cause the woman or her child physical harm;

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of
psychological and behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly
and without lawful justification follows the woman or her child or places the woman
or her child under surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband
and wife without the benefit of marriage or are romantically involved over time and
on a continuing basis during the course of the relationship. A casual acquaintance
or ordinary socialization between two individuals in a business or social context is
not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in
the bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed
by the Department of Social Welfare and Development (DSWD) or by any other
agency or voluntary organization accredited by the DSWD for the purposes of this
Act or any other suitable place the resident of which is willing temporarily to
receive the victim.

(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in
conduct which the woman or her child has the right to desist from or desist from
conduct which the woman or her child has the right to engage in, or attempting to
restrict or restricting the woman's or her child's freedom of movement or conduct
by force or threat of force, physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or child. This shall include, but
not limited to, the following acts committed with the purpose or effect of controlling
or restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody
to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the woman's children
insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation,
business or activity or controlling the victim's own mon4ey or properties, or solely
controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;

(h) "Children" refers to those below eighteen (18) years of age or older but are
incapable of taking care of themselves as defined under Republic Act No. 7610. As
used in this Act, it includes the biological children of the victim and other children
under her care.

(g) Causing or attempting to cause the woman or her child to engage in any sexual
activity which does not constitute rape, by force or threat of force, physical harm,
or through intimidation directed against the woman or her child or her/his
immediate family;

SECTION 4. Construction.- This Act shall be liberally construed to promote the

protection and safety of victims of violence against women and their children.

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through

another, that alarms or causes substantial emotional or psychological distress to
the woman or her child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her
child;
(3) Entering or remaining in the dwelling or on the property of the woman or her
child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the
woman or her child, including, but not limited to, repeated verbal and emotional
abuse, and denial of financial support or custody of minor children of access to the
woman's child/children.
SECTION 6. Penalties.- The crime of violence against women and their children,
under Section 5 hereof shall be punished according to the following rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated or
consummated parricide or murder or homicide shall be punished in accordance
with the provisions of the Revised Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the
Revised Penal Code; those constituting serious physical injuries shall have the
penalty of prison mayor; those constituting less serious physical injuries shall be
punished by prision correccional; and those constituting slight physical injuries
shall be punished by arresto mayor.
Acts falling under Section 5(b) shall be punished by imprisonment of two degrees
lower than the prescribed penalty for the consummated crime as specified in the
preceding paragraph but shall in no case be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by prision correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision
mayor.
If the acts are committed while the woman or child is pregnant or committed in the
presence of her child, the penalty to be applied shall be the maximum period of
penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not
less than One hundred thousand pesos (P100,000.00) but not more than three
hundred thousand pesos (300,000.00); (b) undergo mandatory psychological
counseling or psychiatric treatment and shall report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall
have original and exclusive jurisdiction over cases of violence against women and
their children under this law. In the absence of such court in the place where the
offense was committed, the case shall be filed in the Regional Trial Court where
the crime or any of its elements was committed at the option of the compliant.
SECTION 8. Protection Orders.- A protection order is an order issued under this
act for the purpose of preventing further acts of violence against a woman or her
child specified in Section 5 of this Act and granting other necessary relief. The
relief granted under a protection order serve the purpose of safeguarding the
victim from further harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently regain control
over her life. The provisions of the protection order shall be enforced by law
enforcement agencies. The protection orders that may be issued under this Act are
the barangay protection order (BPO), temporary protection order (TPO) and
permanent protection order (PPO). The protection orders that may be issued under
this Act shall include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing,
personally or through another, any of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting
or otherwise communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner,
regardless of ownership of the residence, either temporarily for the purpose of
protecting the petitioner, or permanently where no property rights are violated, and
if respondent must remove personal effects from the residence, the court shall
direct a law enforcement agent to accompany the respondent has gathered his
things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and designated family or
household member at a distance specified by the court, and to stay away from the
residence, school, place of employment, or any specified place frequented by the
petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other
essential personal effects, regardless of ownership, and directing the appropriate
law enforcement officer to accompany the petitioner to the residence of the parties
to ensure that the petitioner is safely restored to the possession of the automobile

and other essential personal effects, or to supervise the petitioner's or

respondent's removal of personal belongings;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(d) officers or social workers of the DSWD or social workers of local government
units (LGUs);

(g) Directing the respondent to provide support to the woman and/or her child if
entitled to legal support. Notwithstanding other laws to the contrary, the court shall
order an appropriate percentage of the income or salary of the respondent to be
withheld regularly by the respondent's employer for the same to be automatically
remitted directly to the woman. Failure to remit and/or withhold or any delay in the
remittance of support to the woman and/or her child without justifiable cause shall
render the respondent or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or
deadly weapon and order him to surrender the same to the court for appropriate
disposition by the court, including revocation of license and disqualification to apply
for any license to use or possess a firearm. If the offender is a law enforcement
agent, the court shall order the offender to surrender his firearm and shall direct
the appropriate authority to investigate on the offender and take appropriate action
on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but
not limited to, property damage, medical expenses, childcare expenses and loss of
income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need;
and
(k) Provision of such other forms of relief as the court deems necessary to protect
and provide for the safety of the petitioner and any designated family or household
member, provided petitioner and any designated family or household member
consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence
of a decree of legal separation or annulment or declaration of absolute nullity of
marriage.
The issuance of a BPO or the pendency of an application for BPO shall not
preclude a petitioner from applying for, or the court from granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. A petition for protection
order may be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;

(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where
the violence against women and their children occurred and who has personal
knowledge of the offense committed.
SECTION 10. Where to Apply for a Protection Order. Applications for BPOs shall
follow the rules on venue under Section 409 of the Local Government Code of
1991 and its implementing rules and regulations. An application for a TPO or PPO
may be filed in the regional trial court, metropolitan trial court, municipal trial court,
municipal circuit trial court with territorial jurisdiction over the place of residence of
the petitioner: Provided, however, That if a family court exists in the place of
residence of the petitioner, the application shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. The application for a
protection order must be in writing, signed and verified under oath by the applicant.
It may be filed as an independent action or as incidental relief in any civil or
criminal case the subject matter or issues thereof partakes of a violence as
described in this Act. A standard protection order application form, written in
English with translation to the major local languages, shall be made available to
facilitate applications for protections order, and shall contain, among other, the
following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8
herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in

another court.
If the applicants is not the victim, the application must be accompanied by an
affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by
the victim and (b) the circumstances of consent given by the victim for the filling of
the application. When disclosure of the address of the victim will pose danger to
her life, it shall be so stated in the application. In such a case, the applicant shall
attest that the victim is residing in the municipality or city over which court has
territorial jurisdiction, and shall provide a mailing address for purpose of service
processing.
An application for protection order filed with a court shall be considered an
application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of
the application. Law enforcement agents shall also extend assistance in the
application for protection orders in cases brought to their attention.
SECTION 12. Enforceability of Protection Orders. All TPOs and PPOs issued
under this Act shall be enforceable anywhere in the Philippines and a violation
thereof shall be punishable with a fine ranging from Five Thousand Pesos
(P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6)
months.
SECTION 13. Legal Representation of Petitioners for Protection Order. If the
woman or her child requests in the applications for a protection order for the
appointment of counsel because of lack of economic means to hire a counsel de
parte, the court shall immediately direct the Public Attorney's Office (PAO) to
represent the petitioner in the hearing on the application. If the PAO determines
that the applicant can afford to hire the services of a counsel de parte, it shall
facilitate the legal representation of the petitioner by a counsel de parte. The lack
of access to family or conjugal resources by the applicant, such as when the same
are controlled by the perpetrator, shall qualify the petitioner to legal representation
by the PAO.
However, a private counsel offering free legal service is not barred from
representing the petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How.
- Barangay Protection Orders (BPOs) refer to the protection order issued by
the Punong Barangay ordering the perpetrator to desist from committing acts
under Section 5 (a) and (b) of this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection order to the applicant on the date
of filing after ex parte determination of the basis of the application. If the Punong

Barangay is unavailable to act on the application for a BPO, the application shall
be acted upon by any available Barangay Kagawad. If the BPO is issued by
a Barangay Kagawad the order must be accompanied by an attestation by
the Barangay Kagawad that the Punong Barangay was unavailable at the time for
the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately
after the issuance of an ex parte BPO, the Punong Barangay or Barangay
Kagawad shall personally serve a copy of the same on the respondent, or direct
any barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding
before the Punong Barangay.
SECTION 15. Temporary Protection Orders. Temporary Protection Orders
(TPOs) refers to the protection order issued by the court on the date of filing of the
application after ex parte determination that such order should be issued. A court
may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall
be effective for thirty (30) days. The court shall schedule a hearing on the issuance
of a PPO prior to or on the date of the expiration of the TPO. The court shall order
the immediate personal service of the TPO on the respondent by the court sheriff
who may obtain the assistance of law enforcement agents for the service. The
TPO shall include notice of the date of the hearing on the merits of the issuance of
a PPO.
SECTION 16. Permanent Protection Orders. Permanent Protection Order (PPO)
refers to protection order issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the
non-availability of his lawyer shall not be a ground for rescheduling or postponing
the hearing on the merits of the issuance of a PPO. If the respondents appears
without counsel on the date of the hearing on the PPO, the court shall appoint a
lawyer for the respondent and immediately proceed with the hearing. In case the
respondent fails to appear despite proper notice, the court shall allow ex parte
presentation of the evidence by the applicant and render judgment on the basis of
the evidence presented. The court shall allow the introduction of any history of
abusive conduct of a respondent even if the same was not directed against the
applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the
issuance of a PPO in one (1) day. Where the court is unable to conduct the
hearing within one (1) day and the TPO issued is due to expire, the court shall
continuously extend or renew the TPO for a period of thirty (30) days at each
particular time until final judgment is issued. The extended or renewed TPO may
be modified by the court as may be necessary or applicable to address the needs
of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a
PPO. A PPO shall be effective until revoked by a court upon application of the
person in whose favor the order was issued. The court shall ensure immediate
personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse
of time between the act of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must
determine whether or not the PPO shall become final. Even in a dismissal, a PPO
shall be granted as long as there is no clear showing that the act from which the
order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. The following statement
must be printed in bold-faced type or in capital letters on the protection order
issued by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection
Orders Failure to act on an application for a protection order within the
reglementary period specified in the previous section without justifiable cause shall
render the official or judge administratively liable.
SECTION 19. Legal Separation Cases. In cases of legal separation, where
violence as specified in this Act is alleged, Article 58 of the Family Code shall not
apply. The court shall proceed on the main case and other incidents of the case as
soon as possible. The hearing on any application for a protection order filed by the
petitioner must be conducted within the mandatory period specified in this Act.
SECTION 20. Priority of Application for a Protection Order. Ex parte and
adversarial hearings to determine the basis of applications for a protection order
under this Act shall have priority over all other proceedings. Barangay officials and
the courts shall schedule and conduct hearings on applications for a protection
order under this Act above all other business and, if necessary, suspend other
proceedings in order to hear applications for a protection order.
SECTION 21. Violation of Protection Orders. A complaint for a violation of a BPO
issued under this Act must be filed directly with any municipal trial court,
metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction
over the barangay that issued the BPO. Violation of a BPO shall be punishable by
imprisonment of thirty (30) days without prejudice to any other criminal or civil
action that the offended party may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of

Court. During trial and upon judgment, the trial court may motu proprio issue a
protection order as it deems necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute
contempt of court punishable under Rule 71 of the Rules of Court, without
prejudice to any other criminal or civil action that the offended party may file for
any of the acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. The foregoing
provisions on protection orders shall be applicable in impliedly instituted with the
criminal actions involving violence against women and their children.
SECTION 23. Bond to Keep the Peace. The Court may order any person against
whom a protection order is issued to give a bond to keep the peace, to present two
sufficient sureties who shall undertake that such person will not commit the
violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a
period which shall in no case exceed six (6) months, if he shall have been
prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty
(30) days, if for acts punishable under Section 5(g) to 5(I).
The protection orders referred to in this section are the TPOs and the PPOs issued
only by the courts.
SECTION 24. Prescriptive Period. Acts falling under Sections 5(a) to 5(f) shall
prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall
prescribe in ten (10) years.
SECTION 25. Public Crime. Violence against women and their children shall be
considered a public offense which may be prosecuted upon the filing of a
complaint by any citizen having personal knowledge of the circumstances involving
the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. Victim-survivors who
are found by the courts to be suffering from battered woman syndrome do not
incur any criminal and civil liability notwithstanding the absence of any of the
elements for justifying circumstances of self-defense under the Revised Penal
Code.
In the determination of the state of mind of the woman who was suffering from
battered woman syndrome at the time of the commission of the crime, the courts
shall be assisted by expert psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. Being under the influence of alcohol, any illicit
drug, or any other mind-altering substance shall not be a defense under this Act.

that any act of abuse has just been committed, and there is imminent danger to the
life or limb of the victim as defined in this Act; and

SECTION 28. Custody of children. The woman victim of violence shall be entitled
to the custody and support of her child/children. Children below seven (7) years old
older but with mental or physical disabilities shall automatically be given to the
mother, with right to support, unless the court finds compelling reasons to order
otherwise.

(h) immediately report the call for assessment or assistance of the DSWD, social
Welfare Department of LGUs or accredited non-government organizations
(NGOs).

A victim who is suffering from battered woman syndrome shall not be disqualified
from having custody of her children. In no case shall custody of minor children be
given to the perpetrator of a woman who is suffering from Battered woman
syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. Prosecutors and court
personnel should observe the following duties when dealing with victims under this
Act:
a) communicate with the victim in a language understood by the woman or her
child; and
b) inform the victim of her/his rights including legal remedies available and
procedure, and privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. Barangay officials
and law enforcers shall have the following duties:
(a) respond immediately to a call for help or request for assistance or protection of
the victim by entering the necessary whether or not a protection order has been
issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within
plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or
hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who
respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong
Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of
violence defined by this Act is occurring, or when he/she has personal knowledge

Any barangay official or law enforcer who fails to report the incident shall be liable
for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable
criminal, civil or administrative liability.
SECTION 31. Healthcare Provider Response to Abuse Any healthcare provider,
including, but not limited to, an attending physician, nurse, clinician, barangay
health worker, therapist or counselor who suspects abuse or has been informed by
the victim of violence shall:
(a) properly document any of the victim's physical, emotional or psychological
injuries;
(b) properly record any of victim's suspicions, observations and circumstances of
the examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning
the examination or visit;
(d) safeguard the records and make them available to the victim upon request at
actual cost; and
(e) provide the victim immediate and adequate notice of rights and remedies
provided under this Act, and services available to them.
SECTION 32. Duties of Other Government Agencies and LGUs Other
government agencies and LGUs shall establish programs such as, but not limited
to, education and information campaign and seminars or symposia on the nature,
causes, incidence and consequences of such violence particularly towards
educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure
the sustained education and training of their officers and personnel on the
prevention of violence against women and their children under the Act.
SECTION 33. Prohibited Acts. A Punong Barangay, Barangay Kagawad or the
court hearing an application for a protection order shall not order, direct, force or in
any way unduly influence he applicant for a protection order to compromise or
abandon any of the reliefs sought in the application for protection under this Act.
Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of

the Local Government Code of 1991 shall not apply in proceedings where relief is
sought under this Act.
Failure to comply with this Section shall render the official or judge administratively
liable.

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);

SECTION 34. Persons Intervening Exempt from Liability. In every case of

violence against women and their children as herein defined, any person, private
individual or police authority or barangay official who, acting in accordance with
law, responds or intervenes without using violence or restraint greater than
necessary to ensure the safety of the victim, shall not be liable for any criminal,
civil or administrative liability resulting therefrom.

(d) Commission on Human rights (CHR)

SECTION 35. Rights of Victims. In addition to their rights under existing laws,
victims of violence against women and their children shall have the following rights:

(h) Philippine National Police (PNP);

(a) to be treated with respect and dignity;

(j) Department of Education (DepEd);

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or
any public legal assistance office;

(k) Department of Labor and Employment (DOLE); and

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the
Family Code; and
(e) To be informed of their rights and the services available to them including their
right to apply for a protection order.
SECTION 36. Damages. Any victim of violence under this Act shall be entitled to
actual, compensatory, moral and exemplary damages.
SECTION 37. Hold Departure Order. The court shall expedite the process of
issuance of a hold departure order in cases prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. If
the victim is an indigent or there is an immediate necessity due to imminent danger
or threat of danger to act on an application for a protection order, the court shall
accept the application without payment of the filing fee and other fees and of
transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their
Children (IAC-VAWC). In pursuance of the abovementioned policy, there is hereby
established an Inter-Agency Council on Violence Against Women and their
children, hereinafter known as the Council, which shall be composed of the
following agencies:

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);

(i) Department of Health (DOH);

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW
based on their mandates as well as develop capability programs for their
employees to become more sensitive to the needs of their clients. The Council will
also serve as the monitoring body as regards to VAW initiatives.
The Council members may designate their duly authorized representative who
shall have a rank not lower than an assistant secretary or its equivalent. These
representatives shall attend Council meetings in their behalf, and shall receive
emoluments as may be determined by the Council in accordance with existing
budget and accounting rules and regulations.
SECTION 40. Mandatory Programs and Services for Victims. The DSWD, and
LGU's shall provide the victims temporary shelters, provide counseling, psychosocial services and /or, recovery, rehabilitation programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. Counseling and Treatment of Offenders. The DSWD shall provide
rehabilitative counseling and treatment to perpetrators towards learning
constructive ways of coping with anger and emotional outbursts and reforming
their ways. When necessary, the offender shall be ordered by the Court to submit
to psychiatric treatment or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against

Women and their Children Cases. All agencies involved in responding to
violence against women and their children cases shall be required to undergo
education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women
and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection
and assistance; and
e. techniques for handling incidents of violence against women and their children
that minimize the likelihood of injury to the officer and promote the safety of the
victim or survivor.

SECTION 45. Funding The amount necessary to implement the provisions of this
Act shall be included in the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and
LGU's shall be used to implement services for victim of violence against women
and their children.
SECTION 46. Implementing Rules and Regulations. Within six (6) months from
the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH,
and the PNP, and three (3) representatives from NGOs to be identified by the
NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this
Act.
SECTION 47. Suppletory Application For purposes of this Act, the Revised Penal
Code and other applicable laws, shall have suppletory application.
SECTION 48. Separability Clause. If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.

The PNP, in coordination with LGU's shall establish an education and training
program for police officers and barangay officials to enable them to properly handle
cases of violence against women and their children.

SECTION 49. Repealing Clause All laws, Presidential decrees, executive orders
and rules and regulations, or parts thereof, inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

SECTION 43. Entitled to Leave. Victims under this Act shall be entitled to take a
paid leave of absence up to ten (10) days in addition to other paid leaves under the
Labor Code and Civil Service Rules and Regulations, extendible when the
necessity arises as specified in the protection order.

SECTION 50. Effectivity This Act shall take effect fifteen (15) days from the date
of its complete publication in at least two (2) newspapers of general circulation.

Any employer who shall prejudice the right of the person under this section shall
be penalized in accordance with the provisions of the Labor Code and Civil Service
Rules and Regulations. Likewise, an employer who shall prejudice any person for
assisting a co-employee who is a victim under this Act shall likewise be liable for
discrimination.
SECTION 44. Confidentiality. All records pertaining to cases of violence against
women and their children including those in the barangay shall be confidential and
all public officers and employees and public or private clinics to hospitals shall
respect the right to privacy of the victim. Whoever publishes or causes to be
published, in any format, the name, address, telephone number, school, business
address, employer, or other identifying information of a victim or an immediate
family member, without the latter's consent, shall be liable to the contempt power
of the court.
Any person who violates this provision shall suffer the penalty of one (1) year
imprisonment and a fine of not more than Five Hundred Thousand pesos
(P500,000.00).