Juvenile Justice Welfare Act of 2006

JUVENILE JUSTICE WELFARE ACT OF 2006
Republic Act No. 9344
January 24, 2008
Notes of Atty. Debbie G. Dulay
Overview/Outline of Topics
Brief History and Background of the Law Salient Features of R.A. No. 9344 Role of the Barangay Council for Protection of Childrence in the Implementation of R.A. 9344
January 24, 2008 Notes of Atty. Debbie G. Dulay
UN Convention on the Rights of the Child

Four Categories of Child Rights: Survival Rights Developmental Rights Protection Rights Participation Rights
January 24, 2008
Art. 40 of the UN Convention on Child Rights

Right of CICL to legal help and fair treatment in a justice system that respects their rights. To set a minimum age below which children cannot be held criminally responsible To provide the minimum guarantees for the fairness and quick resolution of judicial or alternative proceedings
Philippine Laws
National Laws protecting the Rights of Children in Conflict with the Law (CICL) were limited. P.D. No. 603 or the Child and Youth Welfare Code spelled out special procedures in handling CICL Studies showed a gap in the implementation of the law by the Five Pillars of Justice police, prosecutors, correction, courts and community
Still on Background
Continued violations of child rights were easily observed at the time of arrest and incarceration of a CICL. Formal education of child offenders who were enrolled at the time of arrest was disrupted. At the same time they also learn vices such as smoking, gambling, drinking and substance abuse from them.
Principle of Restorative Justice

A process of resolving conflicts with the maximum involvement of the victim, the offender and the community. Reparation for the victim / Reconciliation of the offender, the offended party and the community / Reassurance to the offender that he or she can be reintegrated into society
Child Behind Bars
January 24, 2008
Rosie
January 24, 2008
Childs Depiction of his Arrest
January 24, 2008
On Restorative Justice
Enhancement of public safety by activating the offender, the victim and the community in prevention strategies.
It is one that presumes that children in conflict with the law are themselves victims.
Diversion
The various processes by which child offenders are prevented from entering the formal criminal justice system. A typical component of the restorative approach
Revised Penal Code (RPC)

Outdated because it was enacted in 1932 Adult-oriented / Distinct circumstances of a CICL are not taken into account / No Diversion / Stigma of Criminality / No provision for aftercare / Punishes Status Offenses There is a need for a law outside the RPC
R.A. No. 9344

Juvenile Justice Welfare Act of 2006 It became effective on May 20, 2006 Its Implementing Rules and Regulations (IRR) were enacted on September 19, 2006
General Framework
Principle of Restorative Justice Best Interest of the Child
January 24, 2008
Coverage of the Law

Children in Conflict with the Law (CICL)
children who are alleged, accused of or adjudged of or adjudged as having committed an offense under Phil. Laws
Children-At-Risk
refers to children who are vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances
Age of Criminal Responsibility

Children above 15 years of age but below 18 years of age who acted WITH DISCERNMENT Increased from above 9 years old to above 15 years old
January 24, 2008
Discernment
The mental capacity of a child to understand the difference between what is right or wrong and the consequences of his acts Discernment relates to the moral significance that the person attaches to the act
Assessment on Discernment
Preliminary assessment must be conducted by the Local Social Welfare Development Officer (LSWDO) during initial investigation Final assessment falls on the Court which hears the case of the CICL
Preliminary Assessment by LSWDO

Social, Cultural, Economic, Legal Status of CICL Developmental age / Educational Attainment / Quality of Peer Group / Strengths and Weaknesses of Family / Parental Control over CICL / Attitude towards Offense / Harm, Damage done to others out of the offense / Record of Prior Offenses
Final Assessment by Court

It is incumbent upon the prosecution to prove that said minor acted with discernment Minor between the ages of 15 and 18 must have FULLY appreciated the consequences of the unlawful act
How to Determine Discernment

Take into consideration all the facts and circumstances in the records of each case such as: Appearance / Attitude / Comportment of the CICL Before, during and after the commission of the crime Also during trial
Determination of Age
Presumption of minority/ has rights of CICL until proven 18 years old or older Birth certificate, baptismal certificate, other pertinent documents (school records) In the absence: Information from child, physical appearance, testimonies of other persons or other relevant evidence
Exemptions from Criminal Liability

A child exactly 15 years old or below A child above 15 years old but below 18 years old who acted WITHOUT DISCERNMENT Children who commit Status Offenses
Status Offenses
Vagrancy Prostitution Violation of Curfew Ordinance Sniffing of Rugby
January 24, 2008
Procedure for Children Criminally Exempted

They have civil liability to be borne by the parents They must undergo TERTIARY INTERVENTION PROGRAM which is the same as a DIVERSION PROGRAM
Intervention Program
A series of activities designed to address issues that caused the child to commit an offense Three Levels Primary, Secondary and Tertiary For CICLs, they must undergo the Tertiary Level of Intervention Tertiary Level of Intervention is the same as DIVERSION
Procedure on Intervention
A CICL 15 years old and below taken into custody, must be immediately released to his/her parents, BCPC, LSWDO With Notice to LSWDO to determine appropriate programs with child, parents if D-A-N (dysfunctional family, abandoned, neglected) Child does not comply with intervention, LSWDO files for Involuntary Commitment
Diversion
An alternative, child-appropriate process of determining the responsibility and treatment of a CICL Based on his/her social, cultural, economic, psychological or educational background WITHOUT resorting to formal court proceedings
Who Undergoes Diversion?

CICL above fifteen (15) years but below eighteen (18) years of age who acted with discernment Children who are 15 years old and below who committed an offense Diversion is the same a Tertiary Intervention
Venues Of Diversion
Barangay, Police, Prosecutor Level If offense has imposable penalty of not more than six (6) years of imprisonment Court If the imposable penalty of more than six (6) years of imprisonment
Katarungang Pambarangay Level

Conducted by the Lupon Tagapamayapa, chaired by the Punong Barangay, with the assistance of the members of the BCPC Punong Barangay shall conduct mediation / family conferencing / conciliation / adopt indigenous modes of conflict resolution
Barangay Level
Absence of the offended party or his/her disagreement in its conduct shall not prevent the proceedings from being conducted.
The Punong Barangay shall, however, endeavor to obtain the participation and the consent of the offended party in the formulation of the diversion program.
Barangay Level
Objectives: restorative justice / formulation of a diversion program Child and his/her family shall be present in the conduct of these diversion proceedings
Offended party may participate in the diversion proceedings
Contract of Diversion
Child voluntarily admits commission of the act Victim and offender must both agree to diversion
Diversion Program
must be in writing signed by parties & concerned authorities Local Social Welfare Officer implements/supervises the Diversion Program Diversion proceedings to be completed in 45 days
On Diversion Program
Child must present himself/herself at least once a month for reporting & evaluation Failure to comply w/ the terms and conditions of DP as certified by the LSWDO, victim has the option to institute appropriate legal action
Formulation of the Diversion Program

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

Restitution of property Reparation of the damage caused Indemnification for consequential damages Written or oral apology Care, guidance and supervision ordersCounseling for the CICL and the childs family Attendance in trainings, seminar and lectures on: anger management skills, problem solving and/or conflict resolution skills, values formation, other skills in dealing w/ situations January 24, 2008 can leadNotes Atty. Debbie G. Dulay which to of repetition
Barangay Level
Participation in available community-based programs including community service
Participation in education, vocation and life skills programs
Law Enforcement & Prosecution & Social Worker Level

Diversion programs previously specified Confiscation and forfeiture of the proceeds or instruments of the crime
January 24, 2008
Court Level
Diversion programs previously specified Written or oral reprimand or citation Fine Payment of cost of the proceedings Institutional care and custody
Court Proceedings
Apply privileged mitigating circumstance of Minority to fix, Reduce Bail IF CHILD IS DETAINED: Release On Recognizance, Bail, Transfer to Youth Home, Rehabilitation Center Institutionalization Last Resort, for Shortest Period No detention of child in jail pending trial
When CICL Found Guilty

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

Automatic Suspension of service of sentence DOES NOT APPLY when penalty is reclusion perpetua, life imprisonment or death (Declarador v. Hon. Gubaton, GR No.
159208, 18 Aug. 2006)
January 24, 2008
Discharge
Upon recommendation of Social Worker with custody of Child, Court dismisses Case, Orders Final Discharge of CICL if Objectives of disposition measures fulfilled Discharge does not affect civil liability enforced in accordance with law
Confidentiality of Records, Proceedings

Non-disclosure of records to media Separate police blotter Coding to conceal identity Non-use of records in other proceedings except beneficial to CICL with written consent No liability of child for perjury not disclosing being CICL
Rehabilitation
Community-based, Center-based Court Order, hearing required for admission Gender Sensitivity Training for Personnel
January 24, 2008
On Rehabilitation . . .
Separate Facilities from Adults Competency, Life Skills Development / sociocultural, Recreational Activities / Community Volunteer Projects / Leadership Training Special Attention for female CICL (All-Female Team) Separate from male Social, Home Life, Health Services / Spiritual Enrichment / Community, Family Welfare Services
Return to Court for Execution of Judgment

For failure to comply with disposition, rehabilitation condition CICL reached 18 under suspended sentence: Court orders discharge, execute sentence, extend rehabilitation until maximum of 21 years old
Center-Based Rehabilitation
24-hour group care Youth Rehabilitation / Training Centers (must have registration) established by DSWD Youth Detention Homes by LGUs or Licensed, Accredited NGOs Sharing of Costs (1/3 Municipal Provincial National) For Care, Maintenance of CICL
Community-Based Programs
Direct Service Prevents Disruption of education, separation of child from family Facilitates Rehabilitation and Reintegration To minimize stigma to child Each LGU to establish program
Aftercare
CICLs whose cases were dismissed due to good behavior as recommended by SW Discharge from rehabilitation center Provided aftercare for at least 6 months by LSWDO
Prohibited Acts
Branding, Labeling / Discriminatory Remarks / Threats / Abusive, Coercive, Punitive Measures / Degrading, Inhuman, Cruel Forms of Punishment / Compelling child to perform Involuntary Servitude
PENALTIES UNDER RA 9344

Fine of P20,000-P50,000 or Imprisonment of 8-10 years or Both Perpetual Absolute Disqualification, if involving a public officer or employee
January 24, 2008
Additional Information:
Adults who use minors to beg, as drug couriers, in illegal acts: Liable under Sec. 10 (E) RA 7610; Penalty: Reclusion Perpetua
January 24, 2008
Additional Information
Drug pushers using minors as runners, couriers, messengers of dangerous drugs: Liable under R.A. 9165; Penalty: Life ImprisonmentDeath, Fine P500T-P10M Controlled precursors, chemicals 12 years, 1 day 20 years, fine P100TP500T
THANK YOU
ATTY. DEBBIE G. DULAY Public Attorneys Office CAR Justice Hall, Baguio City

Juvenile Justice Welfare Act of 2006

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Juvenile Justice Welfare Act of 2006

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JUVENILE JUSTICE WELFARE ACT OF 2006

Republic Act No. 9344

January 24, 2008

Notes of Atty. Debbie G. Dulay

UN Convention on the Rights of the Child

January 24, 2008

Notes of Atty. Debbie G. Dulay

Art. 40 of the UN Convention on Child Rights

Principle of Restorative Justice

Child Behind Bars

January 24, 2008

Notes of Atty. Debbie G. Dulay

January 24, 2008

Notes of Atty. Debbie G. Dulay

Childs Depiction of his Arrest

January 24, 2008

Notes of Atty. Debbie G. Dulay

Revised Penal Code (RPC)

R.A. No. 9344

January 24, 2008

Notes of Atty. Debbie G. Dulay

Coverage of the Law

Age of Criminal Responsibility

January 24, 2008

Notes of Atty. Debbie G. Dulay

Preliminary Assessment by LSWDO

Final Assessment by Court

How to Determine Discernment

Exemptions from Criminal Liability

January 24, 2008

Notes of Atty. Debbie G. Dulay

Procedure for Children Criminally Exempted

Who Undergoes Diversion?

Katarungang Pambarangay Level

Formulation of the Diversion Program

Kinds of Diversion Program

Law Enforcement & Prosecution & Social Worker Level

January 24, 2008

Notes of Atty. Debbie G. Dulay

When CICL Found Guilty

Jurisprudence on Suspension of Sentence

January 24, 2008

Notes of Atty. Debbie G. Dulay

Confidentiality of Records, Proceedings

January 24, 2008

Notes of Atty. Debbie G. Dulay

Return to Court for Execution of Judgment

PENALTIES UNDER RA 9344

January 24, 2008

Notes of Atty. Debbie G. Dulay

January 24, 2008

Notes of Atty. Debbie G. Dulay

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