Ra 9344 Juvenile Justice and Welfare Act
Ra 9344 Juvenile Justice and Welfare Act
Ra 9344 Juvenile Justice and Welfare Act
NOTE: The child shall undergo appropriate counseling Bahay Pag-asa – It refers to a 24-hour child-caring
and treatment program institution established, funded and managed by local
government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs)
Child – It refers to a person under the age of 18 years. providing short-term residential care for children in
conflict with the law who are above fifteen (15) but
Child at Risk – It refers to a child who is vulnerable to below eighteen (18) years of age who are awaiting
and at the risk of committing criminal offenses because court disposition of their cases or transfer to other
of personal, family and social circumstances. agencies or jurisdiction.
Child in Conflict with the Law – It refers to a child Minimum Age of Criminal Responsibility – A child
having committed an offense under Philippine laws. fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from
Diversion - It refers to an alternative, child-appropriate criminal liability. However, the child shall be subjected
process of determining the responsibility and treatment to an intervention program. A child is deemed 15 years
of a child in conflict with the law on the basis of his/her of age on the 15th anniversary of his birthday.
social, cultural, economic, psychological or educational
background without resorting to formal court A child above fifteen (15) years but below eighteen
proceedings. (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention
Its conditions are: program, unless he/she has acted with discernment, in
i. CICL is over 15 but under 18 which case, such child shall be subjected to the
ii. He acted with discernment and appropriate proceedings in accordance with this Act.
iii. The imposable penalty is
- Not more than 6 years (mediation, family Determination of Age – The age of a child may be
conferencing, and conciliation with a law determined from:
enforcers or Punong Brgy. With the a. Birth certificate
assistance of the SWDO b. Any other pertinent documents
- Not more than 6 years and victimless c. Information from the child himself
d. Testimonies of other persons
(diversion and rehabilitation program by
e. Physical appearance of the child and other
SWDO)
relevant evidence
- More than 6 years (diversion measures by
court) Children Below the Age of Criminal Responsibility
- Max. penalty imposed by law not more – If it has been determined that the child taken into
than 12 years regardless of fine, or fine custody is fifteen (15) years old or below, the
only regardless of amount (court authority which will have an initial contact with the child,
determines if diversion appropriate) 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 child’s 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.