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REPUBLIC ACTS
AN
ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT
OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. |
TITLE I Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and Welfare Act of 2006." It shall cover the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration. Sec. 2. Declaration of State Policy. - The following State policies
shall be observed at all times: (a)
The State recognizes the vital role of children and youth in nation
building and shall promote and protect their physical, moral,
spiritual, intellectual and social well-being. It shall inculcate in
the youth patriotism and nationalism, and encourage their involvement
in public and civic affairs.
Sec. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows: (a)
"Bail" refers to the security given for the release of the person in
custody of the law, furnished by him/her or a bondsman, to guarantee
his/her appearance before any court. Bail may be given in the form of
corporate security, property bond, cash deposit, or recognizance. (1)
being abused by any person through sexual, physical, psychological,
mental, economic or any other means and the parents or guardian refuse,
are unwilling, or unable to provide protection for the child; (f) "Community-based Programs" refers to the programs provided in a community setting developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community. (g) "Court" refers to a family court or, in places where there are no family courts, any regional trial court. (h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority. (i) "Diversion" refers to 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. (j) "Diversion Program" refers to the 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. (k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody. (I) "Intervention" refers to 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. (m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development. (n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod. (o) "Offense" refers to any act or omission whether punishable under special laws or the Revised Penal Code, as amended. (p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law, when required. (q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies. (r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like. (s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. (t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them. (u) "Victimless Crimes" refers to offenses where there is no private offended party. CHAPTER
2 Sec. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the following rights, including but not limited to: (a)
the right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment; Sec. 6. Minimum Age of Criminal Responsibility. - 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 Section 20 of this Act. Sec. 7. Determination ofAge. - The child in conflict with the law shall
enjoy the presumption of minority. He/She shall enjoy all the rights of
a child in conflict with the law until he/she is proven to be eighteen
(18) years old or older. The age of a child may be determined from the
child's birth certificate, baptismal certificate or any other pertinent
documents. In the absence of these documents, age may be based on
information from the child himself/herself, testimonies of other
persons, the physical appearance of the child and other relevant
evidence. In case of doubt as to the age of the child, it shall be
resolved in his/her favor. TITLE
II Sec. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development. It shall ensure the effective implementation of this Act and coordination among the following agencies: (a)
Council for the Welfare of Children (CWC); (a)
Department of Justice (DOJ); The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties and functions, as herein provided. Sec. 9. Duties and Functions of the JJWC. - The JJWC shall have the
following duties and functions: (a)
To oversee the implementation of this Act; (1)
the performance and results achieved by juvenile intervention programs
and by activities of the local government units and other government
agencies; The JJWC shall set up a mechanism to ensure that children are involved in research and policy development. (h) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary recommendations to appropriate agencies; (i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program; (j) To submit an annual report to the President on the implementation of this Act; and (k) To perform such other functions as may be necessary to implement the provisions of this Act. Sec. 10. Policies and Procedures on Juvenile Justice and Welfare. - All government agencies enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) year from the effectivity of this Act, draft policies and procedures consistent with the standards set in the law. These policies and procedures shall be modified accordingly in consultation with the JJWC upon the completion of the national juvenile intervention program as provided under Section 9 (d). Sec. 11. Child Rights Center (CRC). - The existing Child Rights Center
of the Commission on Human Rights shall ensure that the status, rights
and interests of children are upheld in accordance with the
Constitution and international instruments on human rights. The CHR
shall strengthen the monitoring of government compliance of all treaty
obligations, including the timely and regular submission of reports
before the treaty bodies, as well as the implementation and
dissemination of recommendations and conclusions by government agencies
as well as NGOs and civil society. TITLE
III CHAPTER
1 Sec. 12. The Family. - The family shall be responsible for the primary nurturing and rearing of children which is critical in delinquency prevention. As far as practicable and in accordance with the procedures of this Act, a child in conflict with the law shall be maintained in his/her family. Sec. 13. The Educational System. - Educational institutions shall work together with families, community organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of child in conflict with the law. Schools shall provide adequate, necessary and individualized educational schemes for children manifesting difficult behavior and children in conflict with the law. In cases where children in conflict with the law are taken into custody or detained in rehabilitation centers, they should be provided the opportunity to continue learning under an alternative learning system with basic literacy program or non- formal education accreditation equivalency system. Sec. 14. The Role of the Mass Media. - The mass media shall play an active role in the promotion of child rights, and delinquency prevention by relaying consistent messages through a balanced approach. Media practitioners shall, therefore, have the duty to maintain the highest critical and professional standards in reporting and covering cases of children in conflict with the law. In all publicity concerning children, the best interest of the child should be the primordial and paramount concern. Any undue, inappropriate and sensationalized publicity of any case involving a child in conflict with the law is hereby declared a violation of the child's rights. Sec. 15. Establishment and Strengthening of Local Councils for the
Protection of Children. - Local Councils for the Protection of Children
(LCPC) shall be established in all levels of local government, and
where they have already been established, they shall be strengthened
within one (1) year from the effectivity of this Act. Membership in the
LCPC shall be chosen from among the responsible members of the
community, including a representative from the youth sector, as well as
representatives from government and private agencies concerned with the
welfare of children. Sec. 16. Appointment of Local Social Welfare and Development Officer. - All LGUs shall appoint a duly licensed social worker as its local social welfare and development officer tasked to assist children in conflict with the law. Sec. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK)
shall coordinate with the LCPC in the formulation and implementation of
juvenile intervention and diversion programs in the community. CHAPTER
2 Sec. 18. Development of a Comprehensive Juvenile Intervention Program. - A Comprehensive juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the barangay to the provincial level. The LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their annual budget. The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly the child-focused institutions, NGOs, people's organizations, educational institutions and government agencies involved in delinquency prevention to participate in the planning process and implementation of juvenile intervention programs. Such programs shall be implemented consistent with the national program formulated and designed by the JJWC. The implementation of the comprehensive juvenile intervention program shall be reviewed and assessed annually by the LGUs in coordination with the LCPC. Results of the assessment shall be submitted by the provincial and city governments to the JJWC not later than March 30 of every year. Sec. 19. Community-based Programs on Juvenile Justice and Welfare. -
Community-based programs on juvenile justice and welfare shall be
instituted by the LGUs through the LCPC, school, youth organizations
and other concerned agencies. The LGUs shall provide community-based
services which respond to the special needs, problems, interests and
concerns of children and which offer appropriate counseling and
guidance to them and their families. These programs shall consist of
three levels: (a)
Primary intervention includes general measures to promote social
justice and equal opportunity, which tackle perceived root causes of
offending; TITLE
IV Sec. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child 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. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code." TITLE
V Sec. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into custody, the law enforcement officer shall: (a)
Explain to the child in simple language and in a dialect that he/she
can understand why he/she is being placed under custody and the offense
that he/she allegedly committed; 1.
Whether handcuffs or other instruments of restraint were used, and if
so, the reason for such; A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell. Sec. 22. Duties During Initial Investigation. - The law enforcement
officer shall, in his/her investigation, determine where the case
involving the child in conflict with the law should be referred. (a)
Proceed in accordance with Section 20 if the child is fifteen (15)
years or below or above fifteen (15) but below eighteen (18) years old,
who acted without discernment; and CHAPTER
2 (a)
Where the imposable penalty for the crime committee is not more than
six (6) years imprisonment, the law enforcement officer or Punong
Barangay with the assistance of the local social welfare and
development officer or other members of the LCPC shall conduct
mediation, family conferencing and conciliation and, where appropriate,
adopt indigenous modes of conflict resolution in accordance with the
best interest of the child with a view to accomplishing the objectives
of restorative justice and the formulation of a diversion program. The
child and his/her family shall be present in these activities. Sec. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at the Katarungang Pambarangay, the police investigation or the inquest or preliminary investigation stage and at all 1evels and phases of the proceedings including judicial level. Sec. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may undergo conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said system. A contract of diversion may be entered into during such conferencing, mediation or conciliation proceedings. Sec. 26. Contract of Diversion. - If during the conferencing, mediation
or conciliation, the child voluntarily admits the commission of the
act, a diversion program shall be developed when appropriate and
desirable as determined under Section 30. Such admission shall not be
used against the child in any subsequent judicial, quasi-judicial or
administrative proceedings. The diversion program shall be effective
and binding if accepted by the parties concerned. The acceptance shall
be in writing and signed by the parties concerned and the appropriate
authorities. The local social welfare and development officer shall
supervise the implementation of the diversion program. The diversion
proceedings shall be completed within forty-five (45) days. The period
of prescription of the offense shall be suspended until the completion
of the diversion proceedings but not to exceed forty-five (45) days. Sec. 27. Duty of the Punong Barangay When There is No Diversion. - If the offense does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Punong Barangay handling the case shall, within three (3) days from determination of the absence of jurisdiction over the case or termination of the diversion proceedings, as the case may be, forward the records of the case of the child to the law enforcement officer, prosecutor or the appropriate court, as the case may be. Upon the issuance of the corresponding document, certifying to the fact that no agreement has been reached by the parties, the case shall be filed according to the regular process. Sec. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the offense does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Women and Children Protection Desk of the PNP, or other law enforcement officer handling the case of the child under custody, to the prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation to determine whether or not the child should remain under custody and correspondingly charged in court. The document transmitting said records shall display the word "CHILD" in bold letters. Sec. 29. Factors in Determining Diversion Program. - In determining
whether diversion is appropriate and desirable, the following factors
shall be taken into consideration: (a)
The nature and circumstances of the offense charged; The following factors shall be considered in formulating a diversion program for the child: (a)
The child's feelings of remorse for the offense he/she committed; (a)
At the level of the Punong Barangay: (1)
Restitution of property; (i)
anger management skills; (9) Participation in education, vocation and life skills programs. (b) At the level of the law enforcement officer and the prosecutor: (1)
Diversion programs specified under paragraphs (a)(1) to (a)(9) herein;
and (1)
Diversion programs specified under paragraphs(a)and (b) above; CHAPTER
3 Sec. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to conduct inquest, preliminary investigation and prosecution of cases involving a child in conflict with the law. If there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or detention, it shall be the duty of the prosecutor to investigate the same. Sec. 33. Preliminary Investigation and Filing of Information. - The
prosecutor shall conduct a preliminary investigation in the following
instances: (a) when the child in conflict with the law does not qualify
for diversion: (b) when the child, his/her parents or guardian does not
agree to diversion as specified in Section s 27 and 28; and (c) when
considering the assessment and recommendation of the social worker, the
prosecutor determines that diversion is not appropriate for the child
in conflict with the law. CHAPTER
4 Sec. 34. Bail. - For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered. Sec. 35. Release on Recognizance. - Where a child is detained, the
court shall order: (a)
the release of the minor on recognizance to his/her parents and other
suitable person; The court shall not order the detention of a child in a jail pending trial or hearing of his/her case. Sec. 36. Detention of the Child Pending Trial. - Children detained
pending trial may be released on bail or recognizance as provided for
under Section s 34 and 35 under this Act. In all other cases and
whenever possible, detention pending trial may be replaced by
alternative measures, such as close supervision, intensive care or
placement with a family or in an educational setting or home.
Institutionalization or detention of the child pending trial shall be
used only as a measure of last resort and for the shortest possible
period of time. Sec. 37. Diversion Measures. - Where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court shall determine whether or not diversion is appropriate. Sec. 38. Automatic Suspension of Sentence. - Once the child who is
under eighteen (18) years of age at the time of the commission of the
offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted
from the offense committed. However, instead of pronouncing the
judgment of conviction, the court shall place the child in conflict
with the law under suspended sentence, without need of application:
Provided, however, That suspension of sentence shall still be applied
even if the juvenile is already eighteen years (18) of age or more at
the time of the pronouncement of his/her guilt. Sec. 39. Discharge of the Child in Conflict with the Law. - Upon the
recommendation of the social worker who has custody of the child, the
court shall dismiss the case against the child whose sentence has been
suspended and against whom disposition measures have been issued, and
shall order the final discharge of the child if it finds that the
objective of the disposition measures have been fulfilled. Sec. 40. Return of the Child in Conflict with the Law to Court. - If
the court finds that the objective of the disposition measures imposed
upon the child in conflict with the law have not been fulfilled, or if
the child in conflict with the law has willfully failed to comply with
the conditions of his/her disposition or rehabilitation program, the
child in conflict with the law shall be brought before the court for
execution of judgment. Sec. 41. Credit in Service of Sentence. - The child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention under this Act. Sec. 42. Probation as an Alternative to Imprisonment. - The court may,
after it shall have convicted and sentenced a child in conflict with
the law, and upon application at any time, place the child on probation
in lieu of service of his/her sentence taking into account the best
interest of the child. For this purpose, Section 4 of Presidential
Decree No. 968, otherwise known as the "Probation Law of 1976", is
hereby amended accordingly. CHAPTER
5 Sec. 43. Confedentiality of Records and Proceedings. - All records and proceedings involving children in conflict with the law from initial contact until final disposition of the case shall be considered privileged and confidential. The public shall be excluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever, except to determine if the child in conflict with the law may have his/hes sentence suspended or if he/she may be granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action. The component authorities shall undertake all measures to protect this confidentiality of proceedings, including non-disclosure of records to the media, maintaining a separate police blotter for cases involving children in conflict with the law and adopting a system of coding to conceal material information which will lead to the child's identity. Records of a child in conflict with the law shall not be used in subsequent proceedings for cases involving the same offender as an adult, except when beneficial for the offender and upon his/her written consent. A person who has been in conflict with the law as a child shall not be held under any provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made to him/her for any purpose. TITLE
VI Sec. 44. Objective of Rehabilitation and Reintegration. - The objective of rehabilitation and reintegration of children in conflict with the law is to provide them with interventions, approaches and strategies that will enable them to improve their social functioning with the end goal of reintegration to their families and as productive members of their communities. Sec. 45. Court Order Required. - No child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing for the purpose. The details of this order shall be immediately entered in a register exclusively for children in conflict with the law. No child shall be admitted in any facility where there is no such register. Sec. 46, Separate Facilities from Adults. - In all rehabilitation or
training facilities, it shall be mandatory that children shall be
separated from adults unless they are members of the same family. Under
no other circumstance shall a child in conflict with the law be placed
in the same confinement as adults. Sec. 47. Female Children. - Female children in conflict with the law placed in an institution shall be given special attention as to their personal needs and problems. They shall be handled by female doctors, correction officers and social workers, and shall be accommodated separately from male children in conflict with the law. Sec. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and training facilities shall handle children in conflict with the law without having undergone gender sensitivity training. Sec. 49. Establishment of Youth Detention Homes. - The LGUs shall set aside an amount to build youth detention homes as mandated by the Family Courts Act. Youth detention homes may also be established by private and NGOs licensed and accredited by the DSWD, in consultation with the JJWC. Sec. 50. Care and Maintenance of the Child in Conflict with the Law. -
The expenses for the care and maintenance of a child in conflict with
the law under institutional care shall be borne by his/her parents or
those persons liable to support him/her: Provided, That in case his/her
parents or those persons liable to support him/her cannot pay all or
part of said expenses, the municipality where the offense was committed
shall pay one-third (1/3) of said expenses or part thereof; the
province to which the municipality belongs shall pay one-third (1/3)
and the remaining one-third (1/3) shall be borne by the national
government. Chartered cities shall pay two-thirds (2/3) of said
expenses; and in case a chartered city cannot pay said expenses, part
of the internal revenue allotments applicable to the unpaid portion
shall be withheld and applied to the settlement of said obligations:
Provided, further, That in the event that the child in conflict with
the law is not a resident of the municipality/city where the offense
was committed, the court, upon its determination, may require the
city/municipality where the child in conflict with the law resides to
shoulder the cost. Sec. 51. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. - A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD. Sec. 52. Rehabilitation of Children in Conflict with the Law. -
Children in conflict with the law, whose sentences are suspended may,
upon order of the court, undergo any or a combination of disposition
measures best suited to the rehabilitation and welfare of the child as
provided in the Supreme Court Rule on Juveniles in Conflict with the
Law. (1)
Competency and life skills development; Based on the progress of the youth in the community, a final report will be forwarded by the local social welfare and development officer to the court for final disposition of the case. If the community-based programs are provided as diversion measures under Chapter II, Title V, the programs enumerated above shall be made available to the child in conflict with the law. Sec. 53. Youth Rehabilitation Center. - The youth rehabilitation center shall provide 24-hour group care, treatment and rehabilitation services under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them in their families and communities as socially functioning individuals. A quarterly report shall be submitted by the center to the proper court on the progress of the children in conflict with the law. Based on the progress of the youth in the center, a final report will be forwarded to the court for final disposition of the case. The DSWD shall establish youth rehabilitation centers in each region of the country. Sec. 54. Objectives of Community Based Programs. - The objectives of
community-based programs are as follows: (a)
Prevent disruption in the education or means of livelihood of the child
in conflict with the law in case he/she is studying, working or
attending vocational learning institutions; Sec. 56. After-Care Support Services for Children in Conflict with the
Law. - Children in conflict with the law whose cases have been
dismissed by the proper court because of good behavior as per
recommendation of the DSWD social worker and/or any accredited NGO
youth rehabilitation center shall be provided after-care services by
the local social welfare and development officer for a period of at
least six (6) months. The service includes counseling and other
community-based services designed to facilitate social reintegration,
prevent re-offending and make the children productive members of the
community. TITLE
VII Sec. 57. Status Offenees. - Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. Sec. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling and treatment program. Sec. 59. Exemption from the Application of Death Penalty. - The
provisions of the Revised Penal Code, as amended, Republic Act No.
9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002,
and other special laws notwithstanding, no death penalty shall be
imposed upon children in conflict with the law. CHAPTER
2 Sec. 60. Prohibition Against Labeling and Shaming. - In the conduct of the proceedings beginning from the initial contact with the child, the competent authorities must refrain from branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names. Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin. Sec. 61. Other Prohibited Acts. - The following and any other similar
acts shall be considered prejudicial and detrimental to the
psychological, emotional, social, spiritual, moral and physical health
and well-being of the child in conflict with the law and therefore,
prohibited: (a)
Employment of threats of whatever kind and nature; CHAPTER
3 Sec. 62. Violation of the Provisions of this Act or Rules or Regulations in General. - Any person who violates any provision of this Act or any rule or regulation promulgated in accordance thereof shall, upon conviction for each act or omission, be punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or suffer imprisonment of not less than eight (8) years but not more than ten (10) years, or both such fine and imprisonment at the discretion of the court, unless a higher penalty is provided for in the Revised Penal Code or special laws. If the offender is a public officer or employee, he/she shall, in addition to such fine and/or imprisonment, be held administratively liable and shall suffer the penalty of perpetual absolute disqualification. CHAPTER
4 Sec. 63. Appropriations. - The amount necessary to carry out the initial implementation of this Act shall be charged to the Office of the President. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the succeeding General Appropriations Act. An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the JJWC shall be taken from the proceeds of the Philippine Charity Sweepstakes Office. TITLE
VIII Sec. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon effectivity of this Act, cases of children fifteen (15) years old and below at the time of the commission of the crime shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and development officer. Such officer, upon thorough assessment of the child, shall determine whether to release the child to the custody of his/her parents, or refer the child to prevention programs as provided under this Act. Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released, unless it is contrary to the best interest of the child. Sec. 65. Children Detained Pending Dial. - If the child is detained
pending trial, the Family Court shall also determine whether or not
continued detention is necessary and, if not, determine appropriate
alternatives for detention. Sec. 66. Inventory of "Locked-up" and Detained Children in Conflict with the Law. - The PNP, the BJMP and the BUCOR are hereby directed to submit to the JJWC, within ninety (90) days from the effectivity of this Act, an inventory of all children in conflict with the law under their custody. Sec. 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court Proceedings. - If a child reaches the age of eighteen (18) years pending diversion and court proceedings, the appropriate diversion authority in consultation with the local social welfare and development officer or the Family Court in consultation with the Social Services and Counseling Division (SSCD) of the Supreme Court, as the case may be, shall determine the appropriate disposition. In case the appropriate court executes the judgment of conviction, and unless the child in conflict the law has already availed of probation under Presidential Decree No. 603 or other similar laws, the child may apply for probation if qualified under the provisions of the Probation Law. Sec. 68. Children Who Have Been Convicted and are Serving Sentence. -
Persons who have been convicted and are serving sentence at the time of
the effectivity of this Act, and who were below the age of eighteen
(18) years at the time the commission of the offense for which they
were convicted and are serving sentence, shall likewise benefit from
the retroactive application of this Act. They shall be entitled to
appropriate dispositions provided under this Act and their sentences
shall be adjusted accordingly. They shall be immediately released if
they are so qualified under this Act or other applicable law. TITLE
IX Sec. 69. Rule Making Power. - The JJWC shall issue the IRRs for the implementation of the provisions of this act within ninety (90) days from the effectivity thereof. Sec. 70. Separability Clause. - If, for any reason, any section or provision of this Act is declared unconstitutional or invalid by the Supreme Court, the other sections or provisions hereof not dfected by such declaration shall remain in force and effect. Sec. 71. Repealing Clause. - All existing laws, orders, decrees, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec. 72. Effectivity. - This Act shall take effect after fifteen (15)
days from its publication in at least two (2) national newspapers of
general circulation. Approved: April 28, 2006 |
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