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8/13/2019 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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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 theImplementation of R.A. 9344
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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
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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
Child Behind Bars
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January 24, 2008 Notes of Atty. Debbie G. Dulay
Rosie
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January 24, 2008 Notes of Atty. Debbie G. Dulay
Childs Depiction of his Arrest
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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
General Framework
Principle of Restorative Justice
Best Interest of the Child
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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
Status Offenses
Vagrancy
Prostitution
Violation of Curfew Ordinance
Sniffing of Rugby
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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
Contract of Diversion
Child voluntarily admits commission
of the act
Victim and offender must bothagree to diversion
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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
Barangay Level
Participation in available
community-based programs
including community service
Participation in education, vocationand life skills programs
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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
Rehabilitation
Community-based, Center-based
Court Order, hearing required for
admission
Gender Sensitivity Training for
Personnel
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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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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January 24, 2008 Notes of Atty. Debbie G. Dulay
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
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