11604964 juvenile justice welfare act of 2006

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January 24, 2008 Notes of Atty. Debbie G. Dulay

JUVENILE JUSTICE

WELFARE ACT OF 2006

Republic Act No. 9344


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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 theImplementation of R.A. 9344


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UN Convention on the Rights

of the Child Four Categories of Child Rights:

Survival Rights Developmental Rights

Protection Rights

Participation Rights


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Art. 40 of the UN Convention

on Child Rights Right of CICL to legal help and fair

treatmentin a justice system that respects

their rights. To set a minimum age below which

children cannot be held criminallyresponsible

To provide the minimum guarantees forthe fairnessand quick resolution ofjudicial or alternative proceedings


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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 WelfareCode spelled out special procedures in

handling CICL

Studies showed a gap in the implementationof the law by the Five Pillars of Justice -

police, prosecutors, correction, courts and

community


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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.


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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


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Child Behind Bars


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Rosie


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Childs Depiction of his Arrest


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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 themselvesvictims.


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Diversion

The various processes by which

child offenders are prevented from

entering the formal criminal justice

system.

A typical component of therestorative approach


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Revised Penal Code (RPC)

Outdated because it was enacted in 1932

Adult-oriented / Distinct circumstances of a

CICL are not taken into account / NoDiversion / Stigma of Criminality / No

provision for aftercare / Punishes Status

Offenses There is a need for a law outside the RPC


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R.A. No. 9344

Juvenile Justice Welfare Act of

2006

It became effective on May 20,

2006

Its Implementing Rules andRegulations (IRR) were enacted on

September 19, 2006


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General Framework

Principle of Restorative Justice

Best Interest of the Child


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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


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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


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Discernment

The mental capacity of a child to

understand the difference between

what is right or wrong and theconsequences of his acts

Discernmentrelates to the moral

significance that the person

attaches to the act


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Assessment on Discernment

Preliminary assessment must be

conducted by the Local Social

Welfare Development Officer

(LSWDO) during initial investigation

Final assessment falls on the Courtwhich hears the case of the CICL


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Preliminary Assessment by

LSWDO Social, Cultural, Economic, Legal Status

of CICL

Developmental age / EducationalAttainment / Quality of Peer Group /Strengths and Weaknesses of Family /Parental Control over CICL / Attitudetowards Offense / Harm, Damage doneto others out of the offense / Record ofPrior Offenses


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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 appreciatedthe consequences of the unlawful

act


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How to Determine Discernment

Take into consideration all the facts andcircumstances in the records of each

case such as: Appearance / Attitude / Comportment of

the CICL

Before, during and after the commissionof the crime

Also during trial


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Determination of Age

Presumption of minority/ has rights ofCICL until proven 18 years old or older

Birth certificate, baptismal certificate,other pertinent documents (schoolrecords)

In the absence: Information from child,physical appearance, testimonies ofother persons or other relevantevidence


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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


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Status Offenses

Vagrancy

Prostitution

Violation of Curfew Ordinance

Sniffing of Rugby


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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 DIVERSIONPROGRAM


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Intervention Program

A series of activities designed toaddress issues that caused the child to

commit an offense Three LevelsPrimary, Secondary and

Tertiary

For CICLs, they must undergo theTertiary Level of Intervention

Tertiary Level of Intervention is thesame as DIVERSION


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Procedure on Intervention

A CICL 15 years old and below taken intocustody, must be immediately released tohis/her parents, BCPC, LSWDO

With Notice to LSWDO to determineappropriate programs with child, parentsif D-A-N (dysfunctional family, abandoned,neglected)

Child does not comply with intervention,LSWDO files for Involuntary Commitment


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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


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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


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Venues Of Diversion

Barangay, Police, Prosecutor Level

If offense has imposable penalty of

not more than six (6) years ofimprisonment

Court

If the imposable penalty of more thansix (6) years of imprisonment


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Katarungang Pambarangay Level

Conducted by the Lupon

Tagapamayapa, chaired by the Punong

Barangay, with the assistance of themembers of the BCPC

Punong Barangay shall conduct

mediation / family conferencing /conciliation / adopt indigenous modes of

conflict resolution


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Barangay Level

Absence of the offended party orhis/her disagreement in its conduct

shall not prevent the proceedings frombeing conducted.

The Punong Barangay shall, however,endeavor to obtain the participation andthe consent of the offended party in theformulation of the diversion program.


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Barangay Level

Objectives: restorative justice /formulation of a diversion program

Child and his/her family shall be presentin the conduct of these diversionproceedings

Offended party may participate in thediversion proceedings


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Contract of Diversion

Child voluntarily admits commission

of the act

Victim and offender must bothagree to diversion


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Diversion Program

must be in writing signed by parties &

concerned authorities Local Social Welfare Officer

implements/supervises the DiversionProgram

Diversion proceedings to be completedin 45 days


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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 theLSWDO, victim has the option toinstitute appropriate legal action


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Kinds of Diversion Program

Restitution of property

Reparation of the damage caused

Indemnification for consequential damages

Written or oral apology

Care, guidance and supervisionordersCounseling for the CICL and the childsfamily

Attendance in trainings, seminar and lectureson: anger management skills, problem solvingand/or conflict resolution skills, valuesformation, other skills in dealing w/ situations

which can lead to repetition


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Barangay Level

Participation in available

community-based programs

including community service

Participation in education, vocationand life skills programs


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Law Enforcement & Prosecution

& Social Worker Level Diversion programs previously

specified

Confiscation and forfeiture of the

proceeds or instruments of the

crime


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Court Level

Diversion programs previously

specified

Written or oral reprimand or citation

Fine

Payment of cost of the proceedings Institutional care and custody


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Court Proceedings

Apply privileged mitigating circumstanceof Minority to fix, Reduce Bail

IF CHILD IS DETAINED: Release OnRecognizance, Bail, Transfer to YouthHome, Rehabilitation Center

Institutionalization Last Resort, forShortest Period

No detention of child in jail pending trial


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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


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Jurisprudence on Suspension of

Sentence Automatic Suspension of service

of sentence DOES NOT APPLY

when penalty is reclusionperpetua, life imprisonment or

death (Declarador v. Hon. Gubaton, GR No.159208, 18 Aug. 2006)


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Discharge

Upon recommendation of Social Worker

with custody of Child,

Court dismisses Case, Orders FinalDischarge of CICL if Objectives of

disposition measures fulfilled

Discharge does not affect civil liabilityenforced in accordance with law


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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


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Rehabilitation

Community-based, Center-based

Court Order, hearing required for

admission

Gender Sensitivity Training for

Personnel


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On Rehabilitation . . .

Separate Facilities from Adults

Competency, Life Skills Development / socio-cultural, Recreational Activities / CommunityVolunteer Projects / Leadership Training

Special Attention for female CICL (All-FemaleTeam) Separate from male

Social, Home Life, Health Services / SpiritualEnrichment / Community, Family WelfareServices


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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


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Center-Based Rehabilitation

24-hour group care

Youth Rehabilitation / Training Centers(must have registration)establishedby DSWD

Youth Detention Homesby LGUs orLicensed, Accredited NGOs

Sharing of Costs (1/3 MunicipalProvincialNational) For Care,Maintenance of CICL


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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


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Aftercare

CICLs whose cases were

dismissed due to good behavior as

recommended by SW

Discharge from rehabilitation center

Provided aftercare for at least 6months by LSWDO


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Prohibited Acts

Branding, Labeling / Discriminatory

Remarks / Threats / Abusive,

Coercive, Punitive Measures /Degrading, Inhuman, Cruel Forms

of Punishment / Compelling child to

perform Involuntary Servitude


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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


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Additional Information:

Adults who use minors to beg, asdrug couriers, in illegal acts: Liable

under Sec. 10 (E) RA 7610;Penalty: Reclusion Perpetua


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Additional Information

Drug pushers using minors asrunners, couriers, messengers of

dangerous drugs: Liable under R.A.9165; Penalty: Life Imprisonment-Death, Fine P500T-P10M

Controlled precursors, chemicals12years, 1 day20 years, fine P100T-P500T


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J 24 2008 N f A D bbi G D l

THANK YOU

ATTY. DEBBIE G. DULAY

Public Attorneys Office CARJustice Hall, Baguio City

11604964 juvenile justice welfare act of 2006

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