Juvenile Justice and Welfare Act

• Minimum Age of Criminal Responsibility

  A child 15 years of age or under at the time of the commission of the offense shall be exempt from criminal liability
• Intervention program for child 15 years or under


  Child shall be subjected to an intervention program pursuant to Section 20 of this Act
• Child above fifteen (15) years but below eighteen (18) years of age


  Shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act
• The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws
• Determination of Age


  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
• Determining the age of the child

  1. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents

  2. 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

  3. In case of doubt as to the age of the child, it shall be resolved in his/her favor
• Contesting the age of the child

  1. Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties

  2. If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending

  3. Pending hearing on the said motion, proceedings on the main case shall be suspended
• In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law
• Bail


  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.
• Best Interest of the Child

  The totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child.
• Child


  A person under the age of eighteen (18) years
• Child at Risk


  • 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
  • Being exploited including sexually or economically
  • Being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found
  • Coming from a dysfunctional or broken family or without a parent or guardian
  • Being out of school
  • Being a streetchild
  • Being a member of a gang
  • Living in a community with a high level of criminality or drug abuse
  • Living in situations of armed conflict
• Child in Conflict with the Law

  A child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws
• Community-based Programs


  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
• Diversion


  An alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings
• Initial Contact With-the Child


  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
• Intervention


  A series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being
• Recognizance


  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
• Status Offenses


  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
• Victimless Crimes


  Offenses where there is no private offended party
• Children Below the Age of Criminal Responsibility

  15 years old or below
• Procedure for handling children below the age of criminal responsibility

  1. Authority having initial contact releases child to parents/guardian/nearest relative

  2. Authority gives notice to local social welfare and development officer

  3. Local social welfare and development officer determines appropriate programs in consultation with child

  4. If parents/guardians/relatives cannot be located or refuse to take custody, child may be released to: duly registered NGO/religious org, barangay official/BCPC member, local social welfare and development officer, or DSWD

  5. If child is found to be abandoned, neglected or abused, DSWD or local social welfare and development office files petition for involuntary commitment
• Automatic Suspension of Sentence

  1. 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

  2. The court shall determine and ascertain any civil liability which may have resulted from the offense committed

  3. 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

  4. 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
• Suspended sentence


  The court shall place the child in conflict with the law under suspended sentence, without need of application
• Section 4 (s)

  Part of the features of a ‘Bahay Pag-asa’ is an intensive juvenile intervention and support center. This will cater to children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof.
• “SEC. 6. Minimum Age of Criminal Responsibility. 

  “The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.”
• 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, in consultation with the local social welfare and development officer, has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative.
• SEC. 20. Children Below the Age of Criminal Responsibility.

  The child, after being released, shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.
• SEC. 20. Children Below the Age of Criminal Responsibility.

  If the child has been found by the local social welfare and development officer to be dependent, abandoned, neglected or abused by his/her parents and the best interest of the child requires that he/she be placed in ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child
• SEC. 20. Children Below the Age of Criminal Responsibility; Conditions for the Voluntary Commitment

  1. File a petition for involuntary commitment to the DSWD or LSWDO if the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment
  2. Minimum age for children committed to a youth care facility or ‘Bahay Pag-asa’ shall be twelve (12) years old.
• SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility.

  Above 12-15 and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 punishable by more than 12 yrs of imprisonment, shall be deemed a neglected child under PD 603, and shall be mandatorily placed in Intensive Juvenile Intervention and Support Center (IJISC).
• SEC. 20-B. Repetition of Offenses.

  A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits an offense for the second time or oftener
• SEC. 20-B. Repetition of Offenses; Conditions

  1. deemed as a neglected child if the child was previously subjected to a community-based intervention program and shall undergo an intensive intervention program supervised by the local social welfare and development officer
  2. if the best interest of the child requires that he/she be placed in ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child: 
  3. file involuntary commitment if no parents
• SEC. 20-C. Exploitation of Children for Commission of Crimes

  Any person who, in the commission of a crime, makes use, takes advantage of, or profits from the use of children, including any person who abuses his/her authority over the child or who, with abuse of confidence, takes advantage of the vulnerabilities of the child and shall induce, threaten or instigate the commission of the crime, shall be imposed the penalty prescribed by law for the crime committed in its maximum period.”
• SEC. 20-D. Joint Parental Responsibility.


  “The parents shall be liable for damages unless they prove, to the satisfaction of the court, that they were exercising reasonable supervision over the child at the time the child committed the offense and exerted reasonable effort and utmost diligence to prevent or discourage the child from committing another offense.”
• SEC. 7. Determination of Age.

  Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties.
• SEC. 7. Determination of Age

  If a case has been filed against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.