ra 9344 for reporting
DESCRIPTION
LectureTRANSCRIPT
INTRODUCTIONINTRODUCTION
While it is true that children are protected by various laws these are not yet enough due to their limited provisions; if it’s not, it is already inapplicable today that is why we need to create more laws to fulfill the gap.
Wednesday, April 19, 2023
Jennifer P. Humiding, J.D.
JUVENILE JUSTICE & WELFARE ACT JUVENILE JUSTICE & WELFARE ACT OF 2006OF 2006
23 April 200623 April 2006
Republic Act No. 9344Republic Act No. 9344
The (Minimum) Age of Criminal The (Minimum) Age of Criminal Responsibility Varies Across Responsibility Varies Across Countries All Over the WorldCountries All Over the World
Wednesday, April 19, 2023
In the PhilippinesIn the Philippines - -
Prior to RA 9344 -Prior to RA 9344 -9 YEARS9 YEARS WAS THE (minimum) AGE WAS THE (minimum) AGE OF CRIMINAL RESPONSIBILITYOF CRIMINAL RESPONSIBILITY
Under RA 9344, Under RA 9344, 15 YEARS15 YEARS IS NOW IS NOW THE (minimum) AGE OF THE (minimum) AGE OF CRIMINAL RESPONSIBILITY.CRIMINAL RESPONSIBILITY.
Wednesday, April 19, 2023
Juvenile Justice & Welfare SystemJuvenile Justice & Welfare SystemPrevention
Diversion
RehabilitationRe-integration
Aftercare
CHILDREN AT RISK (CAR)CHILDREN AT RISK (CAR) CHILDREN IN CONFLICT WITH THE LAWCHILDREN IN CONFLICT WITH THE LAW
(CICL)(CICL)
Wednesday, April 19, 2023
Coverage of the RA 9344Coverage of the RA 9344
Prevention
Rehabilitation
Reintegration ALL STAGES ALL STAGES involving CAR & involving CAR & CICL from CICL from PREVENTION to PREVENTION to REHABILITATION & REHABILITATION & REINTEGRATIONREINTEGRATION
Wednesday, April 19, 2023
CHILD AT RISK (CAR)CHILD AT RISK (CAR) Vulnerable to & at the risk of committing criminal offenses Vulnerable to & at the risk of committing criminal offenses
because of personal, family & social circumstances because of personal, family & social circumstances i.e. abused, exploited, abandoned, neglected; coming from a i.e. abused, exploited, abandoned, neglected; coming from a
dysfunctional family, being out of school, being a street child, dysfunctional family, being out of school, being a street child, being a member of a gang; living in a community with a high being a member of a gang; living in a community with a high level of criminality or drug abuse; living in situations of level of criminality or drug abuse; living in situations of armed conflictarmed conflict
Wednesday, April 19, 2023
CHILD IN CONFLICT WITH THE CHILD IN CONFLICT WITH THE LAWLAW
A CHILD who is:A CHILD who is:
- ALLEGED ASALLEGED AS- ACCUSED OFACCUSED OF- ADJUDGED ASADJUDGED AS
having committed anhaving committed anOFFENSE OFFENSE Under Philippine laws Under Philippine laws
Wednesday, April 19, 2023
Declaration of State PolicyDeclaration of State Policy
Youth’s role in Youth’s role in nation buildingnation building
The “Best Interest of The “Best Interest of the Child” Doctrinethe Child” Doctrine
Children’s Right to Children’s Right to AssistanceAssistance
Article 40 of the UN Article 40 of the UN Convention on the Convention on the Rights of the ChildRights of the Child
Wednesday, April 19, 2023
Cultural & Religious Cultural & Religious Sensitivity Sensitivity
Principle of Principle of Restorative JusticeRestorative Justice
Principles in the Administration of Principles in the Administration of Juvenile Justice WelfareJuvenile Justice Welfare
Rights of the Child Rights of the Child in Conflict with the in Conflict with the Law (Sec. 5)Law (Sec. 5)
Minimum Age of Minimum Age of Criminal Criminal Responsibility (Sec. Responsibility (Sec. 6)6)
Presumption of Presumption of Minority (Sec. 7)Minority (Sec. 7)
Wednesday, April 19, 2023
Children Below Age of Criminal Children Below Age of Criminal ResponsibilityResponsibility
15 Years of Age & BELOW15 Years of Age & BELOW 15-18 Years of Age who did not act with discernment15-18 Years of Age who did not act with discernment
No exemption from Civil Liability which shall be borne by the No exemption from Civil Liability which shall be borne by the ParentsParents
Child is released to parents but may undergo Intervention Child is released to parents but may undergo Intervention Program supervised by LSWDOProgram supervised by LSWDO
Wednesday, April 19, 2023
Structures in the Administration of Structures in the Administration of Juvenile Justice & WelfareJuvenile Justice & Welfare
Department of Justice
JUVENILE JUSTICE & WELFARE COUNCIL
Council for the Welfare of Children DepEd
DILG PAO
BUCOR Parole & Probation Administration
NBI PNP
Bureau of Jail Management and Penology Commission on Human Rights
TESDA National Youth Commission
OTHER INSTITUTIONS FOCUSED ON JUVENILE JUSTICE
Wednesday, April 19, 2023
Composition of the Juvenile Justice Composition of the Juvenile Justice & Welfare Council& Welfare Council
2 NGO’s
NYC
CHR
DSWD
DILG
DepEd
CWC
DOJ
JUVENILE JUSTICE & WELFARE SYSTEM
Wednesday, April 19, 2023
The Role of the Different SectorsThe Role of the Different Sectors
The Family
The Educational System
Mass Media
Local Councils for the
Protection of Children
Local Social Welfare & Development
Officers
Sangguniang Kabataan
Wednesday, April 19, 2023
Comprehensive Juvenile Comprehensive Juvenile Intervention ProgramIntervention Program
Prevention at the LGU Prevention at the LGU levellevel Local Councils for the Local Councils for the
Protection of ChildrenProtection of Children 1% of IRA allocated for 1% of IRA allocated for
LCPCLCPC Appointment of LSWDO Appointment of LSWDO
to assist CICLto assist CICL Local 3-year Local 3-year
comprehensive comprehensive intervention & intervention & restorative programrestorative program
Community-based Community-based Programs on Juvenile Programs on Juvenile Justice & WelfareJustice & Welfare Primary InterventionPrimary Intervention
General Prevention General Prevention MeasuresMeasures
Secondary Intervention Secondary Intervention Early Intervention for Early Intervention for
Children at RiskChildren at Risk Tertiary InterventionTertiary Intervention
Tertiary Diversion for Tertiary Diversion for CICLCICL
Wednesday, April 19, 2023
PROCEDURE:PROCEDURE:
INITIAL CONTACT WITH CHILD
NOTICE TO THE LSWDO, PAO, PARENTS, ETC.
DETERMINATION OF AGE
TURN-OVER of CHILD
Wednesday, April 19, 2023
Initial Contact with the Child:Initial Contact with the Child:Duties of the Law Enforcement Duties of the Law Enforcement
OfficerOfficer
Explain to the child the offense & the reasons for taking him into custody
Inform child of constitutional rights
Identify oneself &Present ID to the child
Avoid using vulgar or profane words or making sexual advances on the child
Wednesday, April 19, 2023
Duties of the Law Duties of the Law Enforcement OfficerEnforcement Officer
Do not display any firearm, weapon, handcuffs or other instruments of force or restraint unless necessary
Do not subject the child to unnecessary restraint than is necessary for his apprehension
Avoid violence or unnecessary force
Determine age of the Child
Wednesday, April 19, 2023
Determination of AgeDetermination of Age
Wednesday, April 19, 2023
•Presumption of Minority•Documentary Proofs•Information from Child himself•Physical Appearance•Others•Doubt to be resolved in favor of the Child
Duties of Law Enforcement Duties of Law Enforcement OfficersOfficers
Turn over custody of the child within 8 hours after apprehension to the LSWDOor other accredited NGO’s
Turn over custody of the child within 8 hours after apprehension to the LSWDOor other accredited NGO’s
Notify child’s parents, guardians and the PAONotify child’s parents, guardians and the PAO
LSWDO to explain to the child’s parents, guardians the consequences of the child’s act
LSWDO to explain to the child’s parents, guardians the consequences of the child’s act
Take the child for medical, physical and mental examinationTake the child for medical, physical and mental examination
Wednesday, April 19, 2023
Duties of Law Enforcement Duties of Law Enforcement OfficersOfficers
If detention is necessary, ensure that the CICL shall be secured in quarters separate from that of the opposite sex & adult offenders
Record the ff: handcuffs; notification to parents, guardians, relatives, DSWD, PAO; age of the child,
Details of medical or physical examination of child or refusal thereto
All statements must be signed by child and witnessed by child’s parents, guardians, social worker, legal counsel
Wednesday, April 19, 2023
CICL shall only be searched by CICL shall only be searched by a law enforcement officer of the a law enforcement officer of the
same gender.same gender.
CICL shall not be locked up in a CICL shall not be locked up in a Detention CellDetention Cell
Wednesday, April 19, 2023
Taking of Child’s StatementTaking of Child’s Statement
Must be conducted Must be conducted in the presence of:in the presence of:
Child’s Counsel Or the PAO
Child’s Parents, Guardians, Nearest Relative
Local SWDO
Any member of an NGO, RO or the BCPC
Wednesday, April 19, 2023
TURN-OVER OF CUSTODY OF THE TURN-OVER OF CUSTODY OF THE CHILD IN ALL CASES WITHIN 8 HOURS CHILD IN ALL CASES WITHIN 8 HOURS
*Sec 25, IRR*Sec 25, IRR
To Whom Will the To Whom Will the Child be Released if Child be Released if Parents, Guardians, Parents, Guardians, Nearest Relatives Nearest Relatives Cannot be Located Cannot be Located or if they REFUSE to or if they REFUSE to take custodytake custody
NGO or ROduly registered
Barangay OfficialOr any BCPC member
Local SWDO
DSWD
Wednesday, April 19, 2023
Procedure: Initial Investigation by Procedure: Initial Investigation by L.E.O.L.E.O.
Referral to the LSWDO for Determination of Discernment
Final Report
Wednesday, April 19, 2023
DISCERNMENT?DISCERNMENT?
The mental capacity to understand The mental capacity to understand the difference between RIGHT & the difference between RIGHT & WRONG and its consequencesWRONG and its consequences
Basis: Basis: 1. facts & circumstances1. facts & circumstances2. educational level of the 2. educational level of the
childchild3. appearance, attitude, 3. appearance, attitude,
behavior, behavior, comportment comportment *Sec. 34, IRR*Sec. 34, IRR
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Duties During Initial InvestigationDuties During Initial Investigation
Determine where Determine where the case should be the case should be referredreferred
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After Initial InvestigationAfter Initial Investigation
FINAL REPORT
•If the Child is 15 or Below •or Above 15 but below 18 who acted WITHOUT
DISCERNMENT
If the Child is above 15 but below 18who acted WITH DISCERNMENT
INTERVENTION DIVERSION
Wednesday, April 19, 2023
INTERVENTIONINTERVENTION
CounselingCounseling Peer CounselingPeer Counseling Provision of support services to the Provision of support services to the
familyfamily Referral to Other AgenciesReferral to Other Agencies Access to Child and Youth OrganizationsAccess to Child and Youth Organizations
Sec. 37, IRR, August 15, 2006Sec. 37, IRR, August 15, 2006
Wednesday, April 19, 2023
Petition for Involuntary Petition for Involuntary CommitmentCommitment
If the child is found by the LSWDO to be If the child is found by the LSWDO to be abandoned, neglected or abused by his abandoned, neglected or abused by his parentsparents
If parents will not comply with the Intervention If parents will not comply with the Intervention & Prevention Program& Prevention Program
Wednesday, April 19, 2023
What is Diversion?What is Diversion?
An alternative, child-appropriate An alternative, child-appropriate process of determining responsibility process of determining responsibility and treatment of a child in conflict and treatment of a child in conflict with the law on the basis of his/her with the law on the basis of his/her social, cultural, economic, social, cultural, economic, psychological or educational psychological or educational background without resorting to background without resorting to formal court proceedings. formal court proceedings. *Sec. 40, IRR*Sec. 40, IRR
Wednesday, April 19, 2023
DiversionDiversion
Type of Crime Committed
Person Responsible
Measures to be Taken
1. Crimes Punishable by not more than 6 years Imprisonment
Law Enforcement Officer/Punong Barangay/
LSWDO
*Mediation
*Family Conferencing
*Conciliation
*Indigenous Modes of Dispute Resolution
Wednesday, April 19, 2023
DiversionDiversion
Type of Crime Committed
Person Responsible
Measures To be Taken
2. Victimless Crimes where imposable penalty is not more than 6 years
LSWDO Meet with Child and Parents to Develop Diversion Programs
3. Crimes where penalty exceeds 6 years Imprisonment but not more than 12 years
PROSECUTOR & COURT
Diversion Measures
Wednesday, April 19, 2023
Victimless CrimesVictimless Crimes
Offenses where there are NO PRIVATE Offenses where there are NO PRIVATE OFFENDED PARTIESOFFENDED PARTIES i.e. Drunkenness, Violation of Ordinances, Illegal i.e. Drunkenness, Violation of Ordinances, Illegal
Possession of FirearmsPossession of Firearms
Wednesday, April 19, 2023
Stages Where DIVERSION may be Stages Where DIVERSION may be ConductedConducted
Katarungang Katarungang PambarangayPambarangay
Police Police Investigation/InqueInvestigation/Inquest/ Preliminary st/ Preliminary InvestigationInvestigation
All Levels of the All Levels of the Proceedings Proceedings including:including:
JUDICIAL LEVELJUDICIAL LEVEL
Wednesday, April 19, 2023
Contract of DiversionContract of Diversion
ConferencingConferencing Mediation Mediation ConciliationConciliation
Prior to entry to the Prior to entry to the Criminal Justice Criminal Justice SystemSystem
Wednesday, April 19, 2023
Contract of Diversion…Contract of Diversion…
Child Voluntarily admits Child Voluntarily admits the act during the the act during the Conferencing, Conferencing, Conciliation of Mediation Conciliation of Mediation Proceedings Proceedings
Such ADMISSION shall Such ADMISSION shall NOT be used against the NOT be used against the Child in any subsequent Child in any subsequent judicial, quasi-judicial or judicial, quasi-judicial or administrative administrative proceedingsproceedings
Wednesday, April 19, 2023
Contract of DiversionContract of Diversion
Effective & Binding if Effective & Binding if Accepted by Parties Accepted by Parties ConcernedConcerned
Acceptance in Acceptance in Writing and Signed Writing and Signed by the Parties by the Parties concerned & concerned & appropriate appropriate AuthoritiesAuthorities
Wednesday, April 19, 2023
Contract of DiversionContract of Diversion
SUPERVISED by the LSWDOSUPERVISED by the LSWDO COMPLETED within 45 DaysCOMPLETED within 45 Days Prescriptive Period Suspended until Completion of Prescriptive Period Suspended until Completion of
DIVERSION PROCEEDINGS but not to exceed 45 DaysDIVERSION PROCEEDINGS but not to exceed 45 Days Child to Present Himself ONCE a Month for Reporting Child to Present Himself ONCE a Month for Reporting
and Evaluation of the effectiveness of Programand Evaluation of the effectiveness of Program
Wednesday, April 19, 2023
Failure to Comply with the Failure to Comply with the Contract of Diversion Shall give Contract of Diversion Shall give the Offended Party the OPTION the Offended Party the OPTION
to institute Appropriate Legal to institute Appropriate Legal ActionAction
Wednesday, April 19, 2023
The Period of Prescription of the The Period of Prescription of the Offense shall be suspended Offense shall be suspended during the effectivity of the during the effectivity of the
DIVERSION PROGRAM but DIVERSION PROGRAM but NOT to EXCEED 2 YearsNOT to EXCEED 2 Years
Wednesday, April 19, 2023
Duty of Punong Barangay When Duty of Punong Barangay When There is No DiversionThere is No Diversion
Situation Contemplated Duty of Punong Barangay
*Where the parents or guardians do not consent to Diversion
*Crimes where the Imposable Penalty is More than 6 Years Imprisonment
Within 3 DAYS from determination of lack of jurisdiction, FORWARD the records to the Law Enforcement Officer, the Prosecutor or the Appropriate Court
Wednesday, April 19, 2023
Duty of the Law Enforcement Officer Duty of the Law Enforcement Officer When There is NO DIVERSIONWhen There is NO DIVERSION
Situation Contemplated
Actions to be Undertaken
*Parents or Guardians do not agree to a Diversion
*Crime is punishable by more than 6 months imprisonment
*WCPD of the PNP shall forward the records to the Prosecutor within 3 DAYS from determination of absence of Jurisdiction
*Prosecutor shall conduct Preliminary Investigation or Inquest to determine whether the child shall remain under custody
*The document transmitting the records shall display the word “CHILD” in bold letters
Wednesday, April 19, 2023
FACTORS IN DETERMINING FACTORS IN DETERMINING DIVERSION PROGRAMDIVERSION PROGRAM
Nature & Circumstances of Nature & Circumstances of OffenseOffense
Frequency & Severity of the Frequency & Severity of the ActAct
Circumstances of the ChildCircumstances of the Child Family & Environmental Family & Environmental
Influences on Child’s GrowthInfluences on Child’s Growth Reparation of Injury to Reparation of Injury to
VictimVictim Weight of Evidence Against Weight of Evidence Against
the Childthe Child Community SafetyCommunity Safety Best Interest of the Child Best Interest of the Child
Wednesday, April 19, 2023
Formulation of the Diversion Formulation of the Diversion ProgramProgram
Formulate an INDIVIDUALIZED TREATMENTFormulate an INDIVIDUALIZED TREATMENT for the CHILDfor the CHILD
Wednesday, April 19, 2023
Factors to be ConsideredFactors to be Considered
1.1. Child’s feelings of Child’s feelings of remorseremorse
2.2. Parent’s or legal Parent’s or legal guardian’s ability guardian’s ability to guide and to guide and supervise the childsupervise the child
3. Victim’s view about 3. Victim’s view about the propriety of the propriety of the measures the measures imposedimposed
4. Availability of 4. Availability of community-based community-based program for program for rehabilitation & rehabilitation & reintegrationreintegration
Wednesday, April 19, 2023
Kinds of Diversion Programs Kinds of Diversion Programs
At the Level of the At the Level of the Punong BarangayPunong Barangay
1.1. RestitutionRestitution2.2. ReparationReparation3.3. IndemnificationIndemnification4.4. ApologyApology5.5. Care, Guidance, Care, Guidance,
SupervisionSupervision6.6. CounselingCounseling7.7. Attendance in Trainings, Attendance in Trainings,
Seminars and Lectures Seminars and Lectures 8.8. Participation in Participation in
Community-based Community-based programsprograms
9.9. Education, Vocation & Education, Vocation & Life SkillsLife Skills
At the Level of the At the Level of the Law Enforcement Law Enforcement Officer and the Officer and the ProsecutorProsecutor1. Diversion Programs 1-91. Diversion Programs 1-92. Confiscation & forfeiture of 2. Confiscation & forfeiture of the proceeds of the Crimethe proceeds of the Crime
At the Level of the At the Level of the CourtCourt1.1. Diversion Programs 1-2 aboveDiversion Programs 1-2 above2.2. Reprimand or CitationReprimand or Citation3.3. FineFine4.4. Payment of CostPayment of Cost5.5. Institutional Care & CustodyInstitutional Care & Custody
Wednesday, April 19, 2023
Prosecution: Duty of the Prosecution: Duty of the Prosecutor’s OfficeProsecutor’s Office
Specially-trained ProsecutorSpecially-trained Prosecutor To conduct inquest, preliminary investigation & To conduct inquest, preliminary investigation &
prosecutionprosecution To investigate allegations of torture or ill-treatment To investigate allegations of torture or ill-treatment
Wednesday, April 19, 2023
Prosecution: When to Conduct PIProsecution: When to Conduct PI
Offense has an Offense has an imposable penalty of imposable penalty of more than 6 yrs.more than 6 yrs.
Child is not qualified for Child is not qualified for DiversionDiversion
Parents & Guardians do Parents & Guardians do not agree to Diversionnot agree to Diversion
Diversion is not Diversion is not appropriateappropriate
Wednesday, April 19, 2023
Prosecution: Filing of InformationProsecution: Filing of Information
Service of Subpoena/Affidavit-Complaint
Notify the Public Attorney’s Office
Determination of Probable Cause
Filing of Information before the Family Court (Within 45 Days from the Start of the PI)
Wednesday, April 19, 2023
Court ProceedingsCourt Proceedings
Determine whether or not DIVERSION Determine whether or not DIVERSION is appropriate BEFORE is appropriate BEFORE ARRAIGNMENTARRAIGNMENT
Wednesday, April 19, 2023
Court ProceedingsCourt Proceedings
The Court shall not order the DETENTION of the The Court shall not order the DETENTION of the child in a jail pending trial or hearing of the casechild in a jail pending trial or hearing of the case
(Sec. 35, RA 9344)(Sec. 35, RA 9344)
Wednesday, April 19, 2023
Alternatives to DetentionAlternatives to Detention
Release on Release on RecognizanceRecognizance
Release on BailRelease on Bail Transfer to a Youth Transfer to a Youth
Detention Home or Detention Home or “Youth Home”/ “Youth Home”/ Rehabilitation Center Rehabilitation Center or “Youth Center”or “Youth Center”
Wednesday, April 19, 2023
Detention Pending Trial: Detention Pending Trial: Alternative MeasuresAlternative Measures
Close SupervisionClose Supervision Intensive CareIntensive Care
Family PlacementFamily Placement Educational SettingEducational Setting HomeHome
Institutionalization or Institutionalization or Detention Pending Trial Detention Pending Trial as a LAST RESORT & as a LAST RESORT & for the SHORTEST for the SHORTEST PERIOD OF TIMEPERIOD OF TIME
Wednesday, April 19, 2023
Necessary DetentionNecessary Detention
Child to be detained in a YOUTH DETENTION HOME Child to be detained in a YOUTH DETENTION HOME established by the Local Government of the city or established by the Local Government of the city or municipality where the Child resides (Sec. 8, Family municipality where the Child resides (Sec. 8, Family Courts Act)Courts Act)
Wednesday, April 19, 2023
IN THE ABSENCE OF A YOUTH IN THE ABSENCE OF A YOUTH DETENTION HOMEDETENTION HOME
DSWDDSWD Local Rehabilitation Local Rehabilitation
Center recognized Center recognized by the government by the government & within the & within the jurisdiction of the jurisdiction of the courtcourt
Wednesday, April 19, 2023
Diversion Measures Diversion Measures at the Court Level: When at the Court Level: When
DeterminedDetermined
Offense Stage of Trial
Maximum Penalty is Imprisonment of 12 Years, regardless of the FINE or FINE regardless of Amount
Before ARRAIGNMENT of CICL
Wednesday, April 19, 2023
Automatic Suspension of SentenceAutomatic Suspension of Sentence
Child Found Guilty(Below 18 at the time of Commission of Offense)
Court to Determine Civil Liability
No pronouncement of Judgment of Conviction
CICL to be placed under Suspended Sentence Without Need of Application
DISPOSITION MEASURES
Wednesday, April 19, 2023
Discharge of CICLDischarge of CICL
Social Worker recommends Dismissal of the case against the CICL under Suspended Sentence/ Disposition Measures
Court to Order FINAL DISCHARGE if the ObjectivesOf the Disposition Measures have been achieved
Civil Liability to be Enforced in accordance with law
Wednesday, April 19, 2023
Return of the CICL to the Court: Return of the CICL to the Court: for EXECUTION OF JUDGMENT for EXECUTION OF JUDGMENT
Grounds:Grounds:
1.1. Non-fulfillment of Non-fulfillment of Disposition Disposition MeasuresMeasures
2.2. Willful Failure of Willful Failure of the CICL to comply the CICL to comply with Conditions of with Conditions of the Disposition the Disposition MeasuresMeasures
CICL has reached 18 CICL has reached 18 while under while under Suspended Suspended Sentence:Sentence: Court to determine Court to determine
whether to:whether to: DISCHARGE the CICLDISCHARGE the CICL ORDER EXECUTION of ORDER EXECUTION of
SentenceSentence EXTEND suspended EXTEND suspended
sentence for a sentence for a specified period or specified period or until CICL reaches 21until CICL reaches 21
Wednesday, April 19, 2023
CREDIT IN SERVICE OF CREDIT IN SERVICE OF SENTENCESENTENCE
The CICL shall be credited with the FULL The CICL shall be credited with the FULL TIME spent in ACTUAL COMMITMENT & TIME spent in ACTUAL COMMITMENT & DETENTIONDETENTION
Wednesday, April 19, 2023
Probation: Alternative to Probation: Alternative to ImprisonmentImprisonment
Conviction/Sentence
Application for Probation
Probation: Best Interest of the CICL
Sec. 4, PD 968 (Probation Law of 1976) is Sec. 4, PD 968 (Probation Law of 1976) is amended accordinglyamended accordingly
Wednesday, April 19, 2023
Confidentiality of RecordsConfidentiality of Records
Exceptions:Exceptions: Determination & Determination &
Availment of Availment of Suspended SentenceSuspended Sentence
Qualification for Qualification for ProbationProbation
Measures to Ensure Measures to Ensure ConfidentialityConfidentiality Non-disclosure to Non-disclosure to
MediaMedia Separate Police Separate Police
BlotterBlotter Coding to Conceal Coding to Conceal
Material Information Material Information leading to CICL’s leading to CICL’s identityidentity
Wednesday, April 19, 2023
ExceptExcept: when BENEFICIAL to : when BENEFICIAL to the Offender and upon his the Offender and upon his WRITTEN CONSENTWRITTEN CONSENT
Records of the CICL shall not be Records of the CICL shall not be used in SUBSEQUENT used in SUBSEQUENT PROCEEDINGS for cases PROCEEDINGS for cases involving the same offender as an involving the same offender as an adult.adult.
Persons who have been in Persons who have been in conflict with the law as a conflict with the law as a
CHILDCHILDNO LIABILITY for PERJURY, NO LIABILITY for PERJURY,
CONCEALMENT or CONCEALMENT or MISREPRESENTATION by reason MISREPRESENTATION by reason of failure to acknowledge the case of failure to acknowledge the case or recite the facts in response to or recite the facts in response to any inquiry made to him for ANY any inquiry made to him for ANY
PURPOSEPURPOSE
Rehabilitation & Reintegration: Rehabilitation & Reintegration: OBJECTIVEOBJECTIVE
Interventions
Approaches
Strategies
To improve Social FunctioningTo improve Social Functioning To reintegrate with FamilyTo reintegrate with Family To become Productive Members of the To become Productive Members of the
CommunityCommunity
Wednesday, April 19, 2023
Rehabilitation & Reintegration: Rehabilitation & Reintegration: Court Order RequiredCourt Order Required
HearingHearing Details of the Court Order to be Entered in a Details of the Court Order to be Entered in a
Registry exclusively for CICLRegistry exclusively for CICL NO CICL shall be admitted in any facility where NO CICL shall be admitted in any facility where
there is no such REGISTERthere is no such REGISTER
Wednesday, April 19, 2023
Rehabilitation & Reintegration: Rehabilitation & Reintegration: Separate Facilities from AdultsSeparate Facilities from Adults
Exception: When they are members of the Exception: When they are members of the SAME FAMILYSAME FAMILY
Nature of the rehabilitation or training or Nature of the rehabilitation or training or confinement area: HOME ENVIRONMENT for confinement area: HOME ENVIRONMENT for quality counseling and treatment quality counseling and treatment
Wednesday, April 19, 2023
Rehabilitation & Reintegration: Rehabilitation & Reintegration: Female CICLFemale CICL
Special Attention to their PERSONAL NEEDS Special Attention to their PERSONAL NEEDS and PROBLEMSand PROBLEMS
Female Doctors, Correction Officers & Social Female Doctors, Correction Officers & Social WorkersWorkers
Separate Accommodation from the MalesSeparate Accommodation from the Males
Wednesday, April 19, 2023
Rehabilitation & Reintegration: Rehabilitation & Reintegration: Gender Sensitivity TrainingGender Sensitivity Training
No personnel of rehabilitation & training No personnel of rehabilitation & training facilities shall handle CICL without having facilities shall handle CICL without having undergone Gender Sensitivity Trainingundergone Gender Sensitivity Training
Wednesday, April 19, 2023
Youth Detention HomesYouth Detention Homes
Established by LGU’s pursuant to the Family Established by LGU’s pursuant to the Family Courts Act Courts Act
May be established by Private May be established by Private Organizations & NGO’s accredited by the Organizations & NGO’s accredited by the DSWD in consultation with the JJWC DSWD in consultation with the JJWC
Wednesday, April 19, 2023
Care & Maintenance of the CICL:Care & Maintenance of the CICL:Who Bears the Cost?Who Bears the Cost?
Parents or those liable for Support of the Parents or those liable for Support of the CICLCICL Municipality (Municipality (where offense was committed*where offense was committed*)– 1/3)– 1/3 Province – 1/3Province – 1/3 National Government – 1/3National Government – 1/3 Chartered Cities – 2/3Chartered Cities – 2/3
IRA withheld to pay for unpaid portionIRA withheld to pay for unpaid portion
*If the CICL is not a resident of the municipality where *If the CICL is not a resident of the municipality where the offense was committed, the Court may require the offense was committed, the Court may require the Municipality where the CICL resides to shoulder the Municipality where the CICL resides to shoulder the cost.the cost.
Wednesday, April 19, 2023
Confinement of Convicted Children in Confinement of Convicted Children in Agricultural Camps & Other Training Agricultural Camps & Other Training
FacilitiesFacilities
In lieu of regular Penal InstitutionIn lieu of regular Penal Institution After ConvictionAfter Conviction Established, maintained, supervised and Established, maintained, supervised and
controlled by the BUCOR in coordination with controlled by the BUCOR in coordination with DSWDDSWD
Wednesday, April 19, 2023
Rehabilitation of CICLRehabilitation of CICL
Any or a COMBINATION Any or a COMBINATION of any of the of any of the Disposition Measures Disposition Measures provided for in the SC provided for in the SC Rules on Juveniles in Rules on Juveniles in Conflict with the LawConflict with the Law
Community-based Community-based RehabilitationRehabilitation Competency & Life Competency & Life
Skills DevelopmentSkills Development Socio-cultural & Socio-cultural &
Recreational ActivitiesRecreational Activities Community Volunteer Community Volunteer
ProjectsProjects Leadership TrainingLeadership Training Social ServicesSocial Services Homelife ServicesHomelife Services Spiritual EnrichmentSpiritual Enrichment Community & Family Community & Family
Welfare ServicesWelfare Services
Wednesday, April 19, 2023
Community-based Programs: Community-based Programs: ObjectivesObjectives
Prevent disruption in Prevent disruption in the education or the education or means of livelihoodmeans of livelihood
Prevent separation of Prevent separation of the child from parents, the child from parents, guardiansguardians
Facilitate rehabilitation Facilitate rehabilitation & mainstreaming; & mainstreaming; encourage community encourage community support & involvementsupport & involvement
Minimize stigmaMinimize stigma
Wednesday, April 19, 2023
Criteria Criteria of Community-based Programsof Community-based Programs
Focus on the Focus on the rehabilitation & re-rehabilitation & re-integration of the childintegration of the child
Criteria to be Criteria to be established by the JJWCestablished by the JJWC Purpose of the programPurpose of the program Need for the consent of Need for the consent of
the the child/parents/guardianschild/parents/guardians
Participation of Child-Participation of Child-centered agencies, centered agencies, public or private public or private
Wednesday, April 19, 2023
Youth Rehabilitation CenterYouth Rehabilitation Center
24-hour group care, 24-hour group care, treatment and treatment and rehabilitation servicesrehabilitation services
Structured Therapeutic Structured Therapeutic EnvironmentEnvironment
Quarterly Progress Quarterly Progress Report to the CourtReport to the Court
Final Report for Final Final Report for Final DispositionDisposition
To be established in each To be established in each REGION by the DSWDREGION by the DSWD
Wednesday, April 19, 2023
After-Care Support ServicesAfter-Care Support Services
Provided by the LSWDO Provided by the LSWDO For a period of at least 6 For a period of at least 6
MonthsMonths Includes:Includes:
CounselingCounseling Community-based Community-based
services designed to services designed to facilitate social facilitate social reintegration, prevent re-reintegration, prevent re-offending & make the offending & make the children productive children productive members of the members of the communitycommunity
Wednesday, April 19, 2023
Exempting ProvisionsExempting Provisions
No liability for Status Offenses (curfew violations, No liability for Status Offenses (curfew violations, truancy, parental disobedience)truancy, parental disobedience)
Offenses Not Applicable to ChildrenOffenses Not Applicable to Children Vagrancy, Prostitution, Mendicancy, Sniffing of Rugby Vagrancy, Prostitution, Mendicancy, Sniffing of Rugby
(counseling & treatment instead)(counseling & treatment instead) No Death Penalty for ChildrenNo Death Penalty for Children
Wednesday, April 19, 2023
Prohibited ActsProhibited Acts Branding or Labeling (juvenile Branding or Labeling (juvenile
delinquent, prostitute)delinquent, prostitute) Shaming – discriminatory remarks Shaming – discriminatory remarks
& practices (child’s class or ethnic & practices (child’s class or ethnic origin)origin)
Employment of threatsEmployment of threats Employment of Abusive, Coercive Employment of Abusive, Coercive
& Punitive Measures (cursing, & Punitive Measures (cursing, beating, stripping, solitary beating, stripping, solitary confinement)confinement)
Employment of Degrading, Employment of Degrading, Inhuman & Cruel Forms of Inhuman & Cruel Forms of Punishment (shaving of hair, Punishment (shaving of hair, pouring irritating, corrosive or pouring irritating, corrosive or harmful substances, wearing signs harmful substances, wearing signs that embarrass, humiliate and that embarrass, humiliate and degrade personality & dignitydegrade personality & dignity
Compelling child to performCompelling child to perform involuntary servitudeinvoluntary servitude
Wednesday, April 19, 2023
Penal ProvisionsPenal Provisions
Fine: PhP 20K – 50KFine: PhP 20K – 50K Imprisonment: 8-10 YearsImprisonment: 8-10 Years Or BOTH at the Or BOTH at the
Discretion of the CourtDiscretion of the Court Unless a Higher Penalty Unless a Higher Penalty
is prescribed by the RPC is prescribed by the RPC or Special Lawsor Special Laws
Public Officers – Plus Public Officers – Plus Administrative Liability; Administrative Liability; Perpetual Absolute Perpetual Absolute DisqualificationDisqualification
Wednesday, April 19, 2023
Transitory ProvisionsTransitory Provisions
Immediate Dismissal of Cases of CICL 15 & BelowImmediate Dismissal of Cases of CICL 15 & Below CICL to referred to the LSWDOCICL to referred to the LSWDO
Alternatives to Detention for Detained CICL Alternatives to Detention for Detained CICL Inventory of Locked-up or Detained CICLInventory of Locked-up or Detained CICL Children who Reach 18 Pending Diversion or Court ProceedingsChildren who Reach 18 Pending Diversion or Court Proceedings
Determine appropriate dispositionDetermine appropriate disposition Apply for Probation if qualifiedApply for Probation if qualified
Convicted CICL / Serving Sentence Convicted CICL / Serving Sentence Benefit from retroactive application of the lawBenefit from retroactive application of the law Appropriate Disposition/Adjustment of SentenceAppropriate Disposition/Adjustment of Sentence
Wednesday, April 19, 2023