Juvenile Justice and Welfare Act (RA 9344 As Amended by RA 10630)

JUVENILE AND JUSTICE WELFARE
ACT OF 2006 (R.A. NO. 9344) AS

AMENDED BY R.A. NO. 10630
Rules on exemption
1. 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 Sec. 20 of this Act.
2, 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 acted
with discernment, in which case, such child shall be subjected
to the appropriate proceedings in accordance with R.A. No.
10630.
definition of terms
Child — a person under eighteen (18) years of age.
Child in Conflict with the law (CICL) — a child who is accused

of having committed an offense under the Philippines laws.
Bahay Pag-asa — a 24-hour child-caring institution established,
funded and managed by local government units (LGUs) and
licensed and/or accredited non-government 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.
definition of terms
Child at Risk — a child who is vulnerable to and at the risk of
committing criminal offense because of personal, family and
social circumstances.
Diversion — 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.
Diversion program — a 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.
definition of terms
Intervention — 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.
Statue Offenses — 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.
definition of terms
Discernment — mental capacity to understand the difference

between right and wrong, which may be proved by evidence of
physicial appearance, attitude or deportment, not only before
and during the commission of the act, but also even after and
during the trial.
Determination of age
1. Child's birth certificate;
2. Baptismal certificate; or
3. Any other pertinent documents
Brain
Age and discernment Criminal liability
15 or under regardless of Exempt but shall undergo

discernment intervention program
Above 15 but below 18 without Exempt but shall undergo

discernment intervention program
Above 15 but below 18 with Subject to criminal liability but

discernment shall undergo diversion program
At least 18 years of age Subject to criminal liability

A child who is 15 or under regardless of discernment
The authority, which will have an initial contact with the child, in consultation
with the local social welfare and development officer (LSWDO), has the duty
to immediately release the child to the custody of:
a. His/her parents or guardian or in the absence thereof, the child's nearest relative; or
b. In case of the latter's refusal, or that they cannot be located:
1. Duly registered non-governmental or religiuous organization;
2. Barangay official or a member of Barangay Council for the Protection of Children
3. LSWDO; or
4. DSWD.
Intervention program
The child shall be subjected to a community-based intervention

program supervised by the local social welfare and development
officer (LSWDO), 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.
A child shall be deemed a neglected child under PD 603 and shall be mandatorily placed in a
special facility within the Bahay pag-asa called the Intensive Juvenile Intervention and
Support Center if he/she is above twelve (12) years of age to fifteen (15) years of age and
commits:
1. Kidnapping and serious illegal detention where the victim is killed or raped;
2. Infanticide;
3. Murder;
4. Parricide;
5. Carnapping where the driver or occupant is killed or raped;
6. Destructive Arson;
7. Robbery with homicide or rape;
8. Rape; or
9. Drug offenses under the Comprehensive and Dangerous Drugs Act
Repetition of offenses by a child
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 community-based intervention program,
shall be deemed a neglected child under PD 603, as amended, and shall
undergo an intensive intervention program supervised by the local social
welfare and development officer.
a child who is above 15 but below
18 with discernment
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.
not more than 6 years of imprisonment
If there is a victim — mediation, family conferencing, and conciliation with law

enforcement officer or Punong Barangay with the assistance of LSWDO.
In victimless crimes — diversion and rehabilitation program by the LSWDO in

coordination with the BCPC attended by the child and his/her family.
Exceeds 6 years of imprisonment
The prosecutor shall conduct a preliminary investigation and

allege in the information that the child acted with
discernment.
Automatic suspension of sentence
A child under 18 years of age at the time of the commission of the

crime who is found guilty shall be placed under suspended sentence
without need of application even if the child is already 18 or more at
the time of the pronouncement of guilt.
The objective of the disposition
Return of CICL to court
measures imposed upon the CICL
has not been fulfilled.
The CICL shall be brought before
the court for execution of judgment
if the court finds that:
The CICL has willfully failed to
comply with the conditions of
his/her rehabilitation program.
1. To discharge the child;
if said CICL has reached 18 years of

age while under suspended 2. To order the execution
of sentence
sentence, the court shall determine
whether...
3. To extend the suspended

sentence for a certain period
or until the child reaches the
maximum age of 21 years.

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JUVENILE AND JUSTICE WELFARE

ACT OF 2006 (R.A. NO. 9344) AS

1. A child fifteen (15) years of age or under at the time of the

Child — a person under eighteen (18) years of age.

Child in Conflict with the law (CICL) — a child who is accused

Discernment — mental capacity to understand the difference

15 or under regardless of Exempt but shall undergo

Above 15 but below 18 without Exempt but shall undergo

Above 15 but below 18 with Subject to criminal liability but

At least 18 years of age Subject to criminal liability

The child shall be subjected to a community-based intervention

The social worker shall conduct an initial assessment to

If there is a victim — mediation, family conferencing, and conciliation with law

In victimless crimes — diversion and rehabilitation program by the LSWDO in

The prosecutor shall conduct a preliminary investigation and

A child under 18 years of age at the time of the commission of the

if said CICL has reached 18 years of

3. To extend the suspended

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