CRIM – 4 JUVENILE DELINQUENCY AND CRIME PREVENTION

MODULE – 1

OBJECTIVES : 1. At the end of this lesson students will be able to known and discuss the
history of juvenile delinquency.

2. To determine the nature and extent of juvenile delinquency in the

Philippines.

3. To ascertain the various causes, factors, and conditions the leads to

delinquency and,

4. to formulate and adopt reasonable and realistic measures to suppress

it.

INTRODUCTION:

Juvenile delinquency is an anti- social behavior or act which differs from the normal model of
set of laws and parameters, culture, custom which society in broad-spectrum does not conform .
Juvenile delinquency generally refers to youth behavior which is against norm and regulations of society,
which if left unchecked would give rise to criminality. The prevention of juvenile delinquency is an
essential part of crime prevention in society. The saying “an ounce of prevention is better than a pound
of cure would clearly manifest the importance of misbehavior deterrence among our youth”.

CHAPTER – 1 THE NATURE OF DELINQUENCY

Juvenile Crime is a terminology used to generally denote various offenses committed by children
or youth under the age of 18. Such acts are at times referred to us as juvenile delinquency. Children’s
offenses characteristically aberrant and anti-social acts, which would be considered crimes if committed
by an adults and status of offenses which are less serious misbehavior such as truancy and parental
disobedience . Both are within the jurisdiction of the Family Court/Juvenile Court; more serious
offenses committed by minors may be tried in criminal court and be subject to prison sentences.

HISTORY:

Since older times enlightened legal systems have distinguished between juvenile delinquents
and adult criminals. Young members of the society by and large were not considered morally
responsible for their behavior. Under the Code of Napoleon in France, for example, limited responsibility
was ascribed to children under the age of 16. Notwithstanding the perceptible humanity of some early
statutes, however the punishment of juvenile offenders until in the 19 th century was often severe. In
the U.S., child offenders were treated as adult criminals. Sentences for all for all offernders could be
inconsiderate and the death penalty was occasionally imposed.
 The children were treated as non-person until in the 1700’s. They did not received special
treatment or respect. Discipline at that time is what we now described as abuse. There were some
major theories about life before the 1700’s. The first assumption is that life was difficult, and you had
to be fierce to survive. The people of that period in history did not have the conveniences that we
take for granted. For example, the medical practices of the that day were primitive in comparison to
present –day medicine. Marriages were more convenience rather than that for child-bearing or
romance. The second notion was that infant and child mortality were high. It did not make sense to the
parents in those days to create an emotional bond with children. There was strong chance that the
children would not survive until adulthood.

The beginning of childhood:

At the end of 18th century, “The Enlightenment” appeared as new cultural transition. This
period of history is sometimes known as the beginning of humanism and reason. People began to see
children as flowers, which needed fostering in order to bloom. It was the intervention of childhood, love
and nurturing instead of beatings to stay in line. The youth has finally begun to emerge as ad instinct
group. It started with the upper-class, who was permitted to attend colleges and universities.

Innovations:

Throughout all time there had been delinquency. It may not have the delinquency level, but still
existed. In ancient Britain , children at the age of 7 were tried, convicted and punished as adult. There
were no special treatment for them, a hanging was a hanging. This dated back with the classical period.
Juvenile crime is mentioned as far back as ancient Sumeria and Hammurabi, where laws concerning
juvenile offenders first appear in written form.

The first institution dedicated for the treatment and confinement of juveniles, the House of
Refuge, was founded in New York City in 1824, so that institutionalized delinquents could be kept apart
from adult criminals. By the mid -19 th century other state institution for juveniles for juvenile
delinquents were established, and their populations soon included not only young criminals but also
first time and less serious offenders and dependent children . The movement spread quickly
throughout the U.S. and abroad. These early situation were often very harsh and punitive.

In the second half of the 19th century amplified awareness was given to the need for especial
legal procedures that would protect and guide the juvenile offender rather than subject the child to the
full force of criminal law. Massachusetts in 1870 and 1880 and New York in 1892 made possible especial
 hearings for children in the courts. As the U.S. juvenile justice system began to progress,
jurisdiction over criminal acts by children was transferred from adult courts to the newly created
juvenile courts. The first such courts was established in Chicago in 1899. One of the principal reasons for
the new system was to avoid the unkind treatment previously imposed on delinquent children. An act of

wrongdoing by a minor was seen as a sign of the child’s need for care and treatment than a justification
for punishing that child through criminal penalties . In addition to the juvenile court, other innovations
in working with the juveniles delinquents have appeared in the 20 th century, including child-guidance
clinics, juvenile-aid bureaus attached with the police departments or other official agencies and special
programs in school.

The Juvenile Court:

In 1899, the first juvenile court was established in Illonois. The development of juvenile court
was to allow for it to have jurisdiction over any child under the age of 16 who was guilty of violating the
law, providing care for those children who were being neglected, and to ensure the separation of
juvenile and adult offenders. The establishment of JUVENILE COURT ACT OF 1899 was a major
movement in Juvenile Justice System. How juveniles were punished for the crimes in which they
committed, a lot different than the punishment handed down to adult offenders. The concept behind
the juvenile justice system was to allow youth to admit to their guilt and focus on rehabilitating the
juveniles not through punishment but rather by identifying what the needs of the youth was and finding
a solution for their problem.

In the late 1900s there were major changes to how the juveniles justice system handed these cases. In
1960, the Supreme Court decided juveniles should have the right to DUE PROCESS. This would mean
they would have the same rights as of an adult offender to include the right to confront their witness,
the right to counsel and formal notice of the charges against them.

PHILIPPINES AS A JUVENILE JUSTICE ADVOCATE:

As a signatory to the United Nations Standard Minimum Rules for the Administration on Juvenile
justice ( The Beijing Rules) the United Nations Guidelines for the Prevention of Juvenile Delinquency
(The Riyadh Guidelines), the United nations Rules for the Protection of Juveniles Deprived of their
Liberty and the most importantly the CONVENTION ON THE RIGHTS OF THE CHILD, The Philippines
guarantees the protection of the best interest of the child in accordance with the standards provided
for by these International Laws.
 In the Philippines, members of the Congress had passed bills intended to make laws more
consistent with the Philippine’s advocacy on juvenile justice. As much as the Philippines should be
concerned with a juvenile justice system in harmony with international policies, the dominant role is to
achieve a standard national policy on Children in Conflict with the Law (CICL) rather than an accurate
reproduction of an international model on CICL.

RA 9344, institutionalized the promotion of the well-being of child and their families,
involvement of parents and guardians, promotion of diversion, avoiding deprivation of liberty and
protecting the privacy rights of children. R.A. 10630 further emphasized child sensitive justice polices
focused on the best interest of the child. This principle has been laid down in the Doha Declaration.

The proposed House Bill (HB) 8858 seeks to lower the minimum age of criminal liability from the
current 15 years old to 12 years old. The amendment includes the provision that 12 years old and above
but below 18 years old shall be exempt from liability, except civil liability. CICL 12 years old and above
but below 18 years old and who have been determined to have acted with discernment shall be
subjected to appropriate intervention and diversion proceedings. These youth offenders should be
subjected to a community-based intervention program supervised by local social welfare and
development officer (DSWD).

HIGHLIGHTS OF HOUSE BILL 8858:

 CICL who are less then 18 years old at the time of the offense are exempt from criminal
liability, but would be subjected to an intervention program. This does not exempt them from
civil liability though.
 But if its proven that the CICL acted with discernment they would be subjected to the
appropriate intervention and diversion proceedings.
 If the CICL who committed the offense are below 12 years old, they would be brought back to
the custody of their parents or guardians. The CICL would then undergo a community –based
intervention program conducted by the local DSWD officer.
 The penalty to be imposed upon CICL would always be 2 degrees lower compared to when an
adult has committed the crime. But if the CICL committed an offense where the
 punishment is equal to life imprisonment, they would face only up to 12 years imprisonment.
 If the CICL reach 18 years old and still do not reform , that is the only time they will be sent to
agricultural camps or training centers. Upon reaching 25 years old, the would be set free
 whether or not the sentence was completed . These camps will be supervised by the DSWD, the
BUCOR and the Technical Education and Skill Development Authority (TESDA)
 At least 2 agricultural training facilities and 2 TESDA centers would be put up in Luzon,
Visayas and Mindanao, with separate facilities for males and females. Funding is guaranteed
under the Annual National Budget.
 The jurisdiction of Bahay Pag-asa is transferred from local government units to DSWD. The
Youth Centers would also receive funds under the national budget.
 The parents or guardians of the CICL would undergo a mandatory intervention program as
well. If the don’t attend, the parents may face 30 days up to 6 months in prison, except for valid
reasons.
 The parents would be “primary” liable for the civil damages to be caused by the actions of the
CICL , unless the parents prove in court that they exercised “reasonable supervision” over the
CICL to prevent them from committing the off

 The exploiters of the CICL would face 12 years in prison if a crime committed has a
punishment equivalent to 6 years of jail time. If the punishment is more than 6 years in prison,
the exploiter would face life imprisonment or up to 40 years in prison.

 After the initial intervention program of the CICL social welfare worker would assess whether
or not the program is working. This includes identifying physical and mental issues, substance
abuse, and family issues of the CICL.

Throughout the history of its implementation, R.A. No. 9344 (Juvenile Justice and Welfare
Act) and its progeny have been hailed as a medium of hope for CICL. During such time, the
Juvenile Justice System also face criticism and difficulty. As such, the Juvenile Justice System in
the Philippines is at odds with itself as to whether or
not the present system warrants reconsiderations. Today the Philippines should see this
exigency. The juvenile justice system is a system of last resort . It only receives those youths who
have failed or been failed by other societal institution.
MODULE 2 : THE ROLE OF THE FAMILY IN DEALING WITH DELINQUENCY

OBJECTIVES : 1. The students will know factors which causes juvenile delinquency
2. Types of youth behavior disorders and their causes.

FAMILY - is the smallest unit of society, whose main responsibility is to provide the basic
necessities of the child as well as to give emotional, spiritual, moral, intellectual, and social
basic to its members particularly the children and the primary social agency tasked with the
significant task of rearing the youth.

HOME - is the most influential environmental factors that would lead a person to either a law
Abiding or a criminal. It is considered as the “cradle of human personality” for in it
the child forms fundamental attitudes and habits that endure throughout his life.

SCHOOL - is an extension of the home having the strategic position to control crime and
delinquency. It exercises authority over every child as a constituent.

TEACHER - are considered second parents having the responsibility to mold he child to become
the productive members of the community by devoting energies to study the child behavior
using all available scientific means and devices in an attempt to provide each the kibd and
amount of education they need.

FAMILY AND DELINQUENCY

It is always viewed the family is the most important social institution which determines
the individual behavior toward the society for the simple reason that the formation of basic
personality of the child is completed in the first in 10 or 12 years of his life and it is pertinent a
fact that a family impact in this period is almost exclusive. 27 inadequate affection either actual
or as perceived by the child , is regarded as an important contributory factor in developing
antisocial attitude. Also it is also considered that lack of affection may be due to various reasons
like disharmonious relationship between parents and other members of the family, so to say the
broken homes Incidents of broken homes is more among delinquents rathr than non-
delinquents and the delinquent boys are deprived of affection by their parents due to the
reasons that they don’t have time for their children either due to too much involvement in
occupation or too much preoccupied with the so called social activities. Often the size of the
family is strongly linked with the poverty and economics. It leads to both physical and
psychological deprivation among the members.
 The ideal criteria for a normal home include the following

 Structural completeness
 Economic security
 Cultral confirmiity
 Moral conformity
 Physical and psychological normality
 Functional or emotional adequacy

FACTORS WHICH MAY LEAD TO JUVENILE DELINQUENCY

 Faulty development of the child

 Lack of parental guidance
 Parental rejection
 Broken homes
 Lack of love
 Unfair treatment
 Too harsh discipline by either or both of the parents
 Too lenient discipline by either or both of the parents
 Parents indifference to their child

TYPES OF DELINQUENT YOUTH

1.Social – aggressive youth who recent the authority of anyone who makes an effort to control
his behavior.
2. Neurotic – he internalize his conflicts and pre occupied with his own feelings.
3. Asocial – his delinquent act have a cold, brutal, furious quality for which the youth feels no
remorse.
4. Accidental -- he is less identifiable in character, essentially sociable anf law abiding but it,
happens that he is in the wrong place at the wrong time and becomes involve in some elinquent
act not typical to his general behavior.

GENDER AND DELINQUENCY

Female delinquency was considered unimportant by early delinquency experts because
girls rarely committed crime, and when they did , it was sexual in nature. Interest in the female
delinquency has risen because female crime rate has been increasing, while the male rate is in
decline.
 There are distinct gender patters in development that may explain crime rate
differences.

a. Girls are socialized to b less aggressive than boys

b. Girls read better and have verbal skills than boys.
c. Gender differences may have both biological and social origins.

CHARACTERISTICS OF YOUTH BEHAVIOR DISORDERS

1. Anti-social behavior - it may be best characterized by disobedience and disrespect for

authority.
2. Truancy -- students failing to attend their classes for twenty days without any reasonable
cause. This may be attributed to the school’s proximity to place of vices, unattractive school
life, failing grades, strict and unreasonable mentors, family and domestic problems. ; fear of
school and fear of punishment.
3. Vagrancy - refers to children who are unable to cope with their family life and chooses to
leave the family home. This is a direct result of feeble-mindedness, disagreeable home
conditions, broken homes and misdirected fancy for adventures.
4. Emotional disorders - such misbehavior is related to fear reactions, temper tantrums and
jealousy reactions.
5. Lying - the penchant for not telling the truth clearly manifest that the following are
lacking in love, security, attention, respect, acceptance, praise and happiness.
6. Stealing - this criminal act comes from loose morals in the home, lack of economic
security wherein the parents are unable to provide for the needs of their children,
undisciplined desire for possesseion and pleasure seeking and parental indifference.

CAUSES OF BEHAVIORAL DISORDERS

A. PREDISPOSING FACTOR – internal propensities which may not be considered as criminal act
unless the attempt was made.
B. PRECIPITATING FACTOR - refers to conditions and elements which provokes crimes or factors
such as personal problems, curiosity, ignorance, necessities and diseases.
 GENERAL PREVENTION

Comprehensive prevention plans should be institutes at every level of Government andinclude

the following:

1. In-depth analysis of the problem and inventories of programs, services, facilities and resources
available.
2. Well-defined responsibilities for the qualified agencies, institutions and personnel concerned
in preventive efforts.
3. Machinery for the suitable co-ordination of preventions efforts between governmental and
non-government agencies.
4. Policies, programs and strategies based on analytical studies to be continuously monitored
and carefully appraised in the course of implementation.
5. Methods for effectively reducing the opportunity to commit delinquent acts
6. Community participation through a wide range of services and programs
7. Close interdisciplinary co-operation between national, State, provincial and local governments
with the involvement of the private sector representative citizens of the community to be
served, and labor, child-care, health education, social, law enforcemenr and judicial agencies in
taking concerted action to prevent juvenile delinquency and youth crime.
8. Youth participation in delinquency prevention policies and processes, including recourse to
community resources, youth self-help, and victim compensation and assistance programs.
9. Specialized personnel at all levels.

SPECIAL CATHEGORIES OF CHILDREN

1. DEPENDENT CHILD – one who is without parent, guardian or custodian or one whose
parents or guardian or other custodian diseased to be relieve to his care or his custody and
is dependent to public for support

2. ABANDONED CHILD -- one who has no proper parental care or guardianship or whose
parents or guardian have deserted him for a period ofat least six (6) continuous moths.

3. NEGLECTED CHILD -- one whose basis needs have been deliberately unattended or
inadequately attended.
3.1 physical neglect – when the child is malnourished, ill, lack of or without proper
Shelter.
 3.2. Emotional neglect- when children were maltreated, raped, induce to work in a
condition not conducive to good health, exploited and exposed to moral danger
such as gambling, prostitution, illegal drugs, and other servi

DIFFERENT PARENTING STYLES:

There are four (4) main types of parenting. One of which is most effective in raising well-
adjusted and well-behaved children.

1. AUTHORITARIAN Parenting - Strict rules with no compromise, and no input from the
children.
2. AUTHORITATIVE Parenting - Strict rules, but parents are willing to listen and cooperate with
their children. More of a democracy than authoritarian parenting.
3. PERMISSIVE Parenting - few rules, and few demands put on children. There is little to no
discipline in this home and parents typically take on the role of friend.
4. UNINVOLVED Parenting - no rules and very little interaction. These parents are detached
and may reject or neglect their children.
Authoritative parenting is most likely to raise well-adjusted and happy children.
Uninvolved parents are most likely to raise children lacking self –esteem, self control and
general competency who is willing to listen and guide.

FIVE(5) SIGNS THAT CHILD IS SUFFERING FROM A BEHAVIORAL DISORDER OR ISSUE.

This is meant to guide your current concerns, so that you can seek a professional help,
opinion and in turn , implement early intervention.

1. DEFIANCE- although there is a wide range of possible explanations. The most common
disruptive behavior disorder include “ Attention Deficit hyperactivity Disorder (ADHD) ,
“Oppositional Defiant Disorder” (ODD) and “Conduct Disorder” (CD) . Often these disorders
showcase overlapping symptoms and excessive refusal to obey authority figures is often
apparent within cases of CD and ODD.

2. INATTENTION - all kids struggle to focus from time to time, especially when they are
disinterested. If, however, you notice that you child struggles to concentrate or they
continually move from one task to another without completing any, this may be a sign og
ADHD. You may also notice impulsively and over-activity.
 3. PHYSICAL AGGRESSION - from tantrums to negative interaction with other children, physical
aggression is most certainly a behavior that need to be addressed. For those with CD for
instance, this can evolve into the hurting of animals. Overall, you may notice an increase in
fighting, destructiveness and disobedience.

4. BLAMING OTHERS - when the child misbehave, they are quick to blame others. It is normal for
children to want to avoid getting in trouble, but this will be much more noticeable . What we
are looking for here is the consistent lack of responsibility and a refusal to own up to their own
mistakes.

5. ANTISOCIAL BEHAVIOR -- Boys with CD in particular, tend to exhibit antisocial behavior in early
childhoods that leads to a diagnosis of CD or ODD. It can be notice repeated violations of social
rules, which will also tie into defiance or authority and disregard for others.

Behavioral issues in children can lead to stress and frustration for the entire family. Learn more
about how Brain Balance can help children with behavioral disorders.

BEHAVIORAL DISORDERS:

There are several types of behavioral disorders, including:

 Oppositional defiant disorder

 Conduct disorder
 Intermittent explosive disorder
 Kleptomania
 Pyromania and others

These disorders affect the way a child or youth acts or behaves. Some people think a child or youth with
a behavioral disorder is “Bad” and may even blame a parent for their child’s behavior. But these
disorders are real problems that affect many children and youth. Fortunately, there are many different
treatments and things to try at home.

WHAT IS NORMAL BEHAVIOR?

It is normal for children and youth to act out from time to time. They may seem grumpy or
angry when they’re tired, upset or feeling a lot of stress. It’s also normal for children and youth to act
out more than usual during certain times in their life. Preschool-aged children and teens in particular
may seem keen to disobey or talk back. This is a normal part of growing up.
OPPOSITIONAL DEFIANT DISORDER

The sign of oppositional defint disorder include very angry and negative behaviors that:

 Last for many months (usually 6 months)

 Happens often
 Cause a lot of problems in the child or youth’s life

With this disorder, a child or youth may often:

 Be angry and irritable

 Argue with parents, teachers and other adults
 Be mean, hurtful, spiteful or vindictive

CONDUCT DISORDER:

The signs of conduct disorder include behaviors that go against rules and other people’s right;

 Last for many months (usually 12 months)

 Happen often
 Cause a lot of problems in the child’s or youth’s life

With this disorder, a child or youth may often”

 Be aggressive towards other people or animals, bullying, starting a fight, hurting

others, using weapon.
 Harm or destroy someone’s property on purpose.
 Tell major lies to get something or avoid responsibilities
 Steal , break into a house or car, or to something that is important to someone
 Break serious rules, run away from home or skip school a lot

Conduct disorder usually happens between the ages of 6 and 15 and it is more common in
boys than girls. Most symptoms lessen or go away by the tie the child or youth become an
adult. But some may develop an adult form of disorder called antisocial personality disorder.
Conduct disorder can go along with substance use problems and lead to problems with the
law.
WHAT CAUSES OPPOSITIONAL DEFIANT DISORDER AND CONDUCT DISORDER?

Risk factors include:

 Genes
 Differences in brain chemistry
 Abuse or neglect
 Seeing or experiencing violence
 Family problems

KLEPTOMANIA - is a disorder of stealing objects and may start at different ages. Childrenand youth with
kleptomania struggle to resist impulses to steal things that they do not need.

PYROMANIA - Involves setting fires repeatedly and on purpose, without a reason such as gaininf
money.
MODULE - 3 ESSENTIAL FEATURES OF THE FEATURES OF THE CHILD AND YOUTH WELFARE CODE

Presidential Decree No. 603

OBJECTIVES : 1. At the end of this module the students will know the essential features of P.D. 6

Presidential Decree No. 603 known as Youthful Offender Law as declared by President Ferdinand E
Marcos on December 10, 1974.

GENERAL PRINCIPLES:

Article 1. Declaration of policy – The Child is one of the most important assets of other nation . Every
effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy
life.

The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be
cultivated to the utmost insofar as they do not conflict with the general welfare.

The molding of the character of the child starts at the home. Consequently, every member of
the family should strive to make the home a wholesome and harmonious place as its atmosphere and
conditions will greatly influence the child’s development.

Attachment to the home and strong family ties should be encouraged but no to the extent of
making the home isolated and exclusive and unconcerned with the interest of the community and the
country.

The natural right and duty of parents in the rearing of the child for civic efficiency should
receive the aid and support of the government.

Other institutions, like the school, the church, the guild and the community in general, should
assist the home and the State in the endeavor to prepare the child for the responsibilities of adulthood.

Article 2 – Title and Scope of Code – The Code shall be known as the “Child and Youth Welfare Code”. It
shall apply to persons below twenty one (21) years of age except those emancipated in accordance
with law. “Child” or “Minor” or “Youth” as used in this Code, shall refer to such persons.

Article – 3 Rights of the Child. – All children shall be entitled to the rights herein set forth without
distinction as to legitimacy or illegitimacy , sex, social status, religion, political antecedents, and other
factors.

(1) Every child is endowed with the dignity and worth of a human being from the moment of
His conception, as generally accepted in medical parlance, and has therefore, the right to
Be born well.
(2) Every child has the right to a wholesome family life that will provide him with love, care,
and understanding, guidance and counseling , and moral and material security. The
dependent or abandoned child shall be provided with the nearest substitute for a home.

(3) Every child has the right to a well- rounded development of his personality to the end that
he may become happy, useful and active member of society. The gifted child shall be given
opportunity and encouragement to develop his special talents. The emotionally disturbed
or socially maladjusted child shall be treated with sympathy and understanding , and shall
be entitled to treatment and competent care. The physically or mentally handicapped child
shall be given the treatment , education, and care required by is particular condition.

(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper
medical attention, and all the basic physical requirements of a healthy and vigorous life.
(5) Every child has the right to be brought up in the atmosphere of morality and rectitude for
the enrichment and the strengthening of his character.

(6) Every child has the right to an education commensurate with his ability for the development
of his skills for the improvement of his capacity for service to himself and to his fellowmen.

(7) Every child has the right to full opportunities for safe and wholesome recreation use of his
leisure hours.

(8) Every child has the right to protection against exploitation, improper influences, hazards,
and circumstances prejudicial to his physical, mental, emotional, social and moral
development.

(9) Every child has the right to live in a community and a society that can offer him an
environment free from pernicious influences and the cultivation of his desirable traits and
attributes.

(10) Every child has the right to the care, assistance, and protection of the State. Particularly
when his parents or guardians fail or are unable to provide him with hi fundamental nedds
for growth, development, and improvement.
 (11) Every child has the right to an efficient and honest government that will deepen his faith
in democracy and inspire him wig the morality of the constituted authorities both in public
and private lives.

(12) Every child has the right to grow up as a free individual in an atmosphere of peace,
understanding, tolerance and universal brotherhood, and with the determination to
contribute his share in the building of a better world.

Article 4 - Responsibilities of a Child- Every child, regardless of the circumstances of his birth, sex,
religion, social status, political antecedents and others factor shall

(1) Strive to lead an upright and virtuous lite in accordance with the tenets of his religion, the teachings
of his elders and mentors, and the biddings of a clean conscience;

(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;

(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them
to keep the family harmonious and united:

(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal
education suited to his abilities, in order that he may become an asset to himself and to society;

(5) Respect not only his elders but also the customs and traditions of our people, the memory of our
heroes, the duly constituted authorities, the laws of our country, and the principles and institutions of
democracy;

(6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in
mind that it is the youth who will eventually be called upon to discharge the responsibility of leadership
in shaping the nation's future; and

(7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the
fostering of cooperation among nations in the pursuit of their common aspirations for programs and
prosperity, and the furtherance of world peace.

Art. 5. Commencement of Civil Personality. - The civil personality of the child shall commence from the
time of his conception, for all purposes favorable to him, subject to the requirements of Article 41 of the
Civil Code.

Art. 6. Abortion. - The abortion of a conceived child, whether such act be intentional or not, shall be
governed by the pertinent provisions of the Revised Penal Code.

Art. 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept strictly confidential
and no information relating thereto shall be issued except on the request of any of the following:

(1) The person himself, or any person authorized by him;

(2) His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in-
charge of hint if he is a minor;

(3) The court or proper public official whenever absolutely necessary in administrative, judicial or other
official proceedings to determine the identity of the child's parents or other circumstances surrounding
his birth; and

(4) In case of the person's death, the nearest of kin. Any person violating the prohibition shall suffer the
penalty of imprisonment of at least two months or a fine in an amount not exceeding five hundred
pesos, or both, in the discretion of the court.

Art. 8. Child's Welfare Paramount. - In all questions regarding the care, custody, education and property
of the child, his welfare shall be the paramount consideration.

Art. 9. Levels of Growth. - The child shall be given adequate care, assistance and guidance through his
various levels of growth, from infancy to early and later childhood, to puberty and adolescence, and
when necessary even after he shall have attained age 21. Art.

10. Phases of Development. - The child shall enjoy special protection and shall be given opportunities
and facilities, by law and by other means, to ensure and enable his fuliest development physically,
mentally, physically, mentally, emotionally, morally, spiritually and socially in a healthy and normal
manner and in conditions of freedom and dignity appropriate to the corresponding developmental
stage.

Art. 11. Promotion of Health. - The promotion of the Child's health shall begin with adequate pre-natal
and post-natal care both for him and his mother. All appropriate measures shall be taken to insure his
normal total development. It shall be the responsibility of the health, welfare, and educational entities
to assist the parents in looking after the health of the child.

Art. 12. Education. - The schools and other entities engaged in non-formal education shall assist the
parents in providing the best education for the child.

Art. 13. Social and Emotional Growth. - Steps shall be taken to insure the child's healthy social and
emotional growth. These shall be undertaken by the home in collaboration with the schools and other
agencies engaged in the promotion of child welfare.

Art. 14. Morality. - High moral principles should be instilled in the child, particularly in the home, the
school, and the church to which he belongs.

Art. 15. Spiritual Values. - The promotion of the child's spiritual well-being according to the precepts of
his religion should, as much as possible, be encouraged by the State.

Art. 16. Civic Conscience. - The civic conscience of the child shall not be overlooked. He shall be brought
up in an atmosphere of universal understanding, tolerance, friendship, and helpfulness and in full
consciousness of his responsibilities as a member of society.
Who May Adopt. - Any person of age and in full possession of his civil rights may adopt: Provided, that
he is in a position to support and care for his legitimate, legitimated, acknowledged natural children, or
natural children by legal fiction, or other illegitimate children, in keeping with the means, both material
and otherwise, of the family. In all cases of adoption the adopter must be at least fifteen years older
than the person to be adopted.

Art. 28. Who May Not Adopt. - The following persons may not adopt:

(1) A married person without the written consent of the spouse; approval of his accounts;

(2) The guardian with respect to the ward prior to final approval of his account

(3) Any person who has been convicted of a crime involving moral turpitude;

(4) An alien who is disqualified to adopt according to the laws of his own country or one with whose
government the Republic of the Philippines has broken diplomatic relations.

Art. 29. Adoption by Husband and Wife. - Husband and Wife may jointly adopt. In such case, parental
authority shall be exercised as if the child were their own by nature.

Art. 30. Who May Not Be Adopted. - The following may not be adopted:

(1) A married person, without the written consent of the spouse;

(2) An alien with whose government the Republic of the Philippines has broken diplomatic relations;

(3) A person who has already been adopted unless the adoption has been previously revoked or
rescinded in accordance with this Chapter.

Art. 31. Whose Consent is Necessary. - The written consent of the following to the adoption shall be
necessary:

(1) The person to be adopted, if fourteen years of age or over;

(2) The natural parents of the child or his legal guardian of the Department of Social Welfare or any duly
licensed child placement agency under whose care the child may be;

(3) The natural children, fourteen years and above, of the adopting parents.

Art. 32. Hurried Decisions. - In all proceedings for adoption, , steps should be taken by the court to
prevent the natural parents from making hurried decisions caused by strain or anxiety to give up the
child, and to ascertain, that all measures to strengthen the family have been exhausted and that any
prolonged stay of the child in his own home will be inimical to his welfare and interest.

Art. 33. Case Study. - No petition for adoption shall be granted unless the Department of Social Welfare,
or the Social Work and Counseling Division, in case of Juvenile and Domestic Relations Courts, has made
a case study of the child to be adopted, his natural parents as well as the prospective adopting parents,
and has submitted its report and recommendations on the matter to the court hearing such petition.
The Department of Social Welfare shall intervene on behalf of the child if it finds, after such case study,
that the petition should be denied.

Art. 34. Procedure. - The proceedings for adoption shall be governed by the Rules of Court in so far as
they are not in conflict with this Chapter.

Art. 35. Trial Custody. - No petition for adoption shall be finally granted unless and until the adopting
parents are given by the court a supervised trial custody period of at least six months to assess their
adjustment and emotional readiness for the legal union. During the period of trial custody parental
authority shall be vested in the adopting parents. The court may, upon its own motion or on motion of
the petitioner, reduce or dispense with the trial period if it finds that it is to the best interest of the child.
In such case, the court shall state its reasons for reducing said period.

Art. 36. Decree of Adoption. - If, after considering the report of the Department of Social Welfare or duly
licensed child placement agency and the evidence submitted before it, the court is satisfied that the
petitioner is qualified to maintain, care for, and educated the child, that the trial custody period has
been completed, and that the best interests of the child will be promoted by the adoption, a decree of
adoption shall be entered, which shall be effective as of the date the original petition was filed. The
decree shall state the name by which the child is thenceforth to be known.

Art. 37. Civil Registry Record. - The adoption shall be recorded in the local civil register and shall be
annotated on the record of birth, and the same shall entitle the adopted person to the issuance of an
amended certificate of birth.

Art. 38. Confidential Nature of Proceedings and Records. - All hearings in adoption cases shall be
confidential and shall not be open to the public. All records, books and papers relating to the adoption
cases in the files of the court, of the Department of Social Welfare, and of any other agency or
institution participating in the adoption proceedings, shall be kept strictly confidential.

Subject to the provisions of Article 7, in any case in which information from such records, books and
papers is needed, the person or agency requesting the release of the information may file a petition to
the court which entered the decree of adoption for its release. If the court finds that the disclosure of
the information is necessary for purposes connected with or arising out of the adoption and will be for
the best interests of the child, the court may permit the necessary information to be released, restricting
the purposes for which it may be used.

Art. 39. Effects of Adoption. - The adoption shall:

(1) Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter:
Provided, that adopted child cannot acquire Philippine citizenship by virtue of such adoption:

(2) Dissolve the authority vested in the natural parent or parents, except where the adopter is the
spouse of the surviving natural parent;
(3) Entitle the adopted person to use the adopter's surname; and

(4) Make the adopted person a legal heir of the adopter: Provided, That if the adopter is survived by
legitimate parents or ascendants and by an adopted person, the latter shall not have more successional
rights than an acknowledged natural child: Provided, further, That property received gratuitously by the
adopted from the adopter shall revert to the adopter should the former predecease the latter without
legitimate issue unless the adopted has, during his lifetime, alienated such property: Provided, finally,
That in the last case, should the adopted leave no property other than that received from the adopter,
and he is survived by illegitimate issue or a spouse, such illegitimate issue collectively or the spouse shall
receive one-fourth of such property; if the adopted is survived by illegitimate issue and a spouse, then
the former collectively shall receive one-fourth and the latter also one-fourth, the rest in any case
reverting to the adopter, observing in the case of the illegitimate issue the proportion provided for in
Article 895 of the Civil Code.

The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from
him, except that if the latter are both dead, the adopting parent or parents take the place of the natural
parents in the line of succession, whether testate or interstate.

Art. 40. Rescission by Adopted. - The adopted person or the Department of Social Welfare or any duly
licensed child placement agency if the adopted is still a minor or otherwise incapacitated, may ask for
the rescission of the adoption on the same grounds that cause the loss of parental authority under the
Civil Code.

Art. 41. Revocation by Adopter. - The adopter may petition the court for the revocation of the adoption
in any of these cases:

(1) If the adopted person has attempted against the life of the adopter and/or his spouse;

(2) When the adopted minor has abandoned the home of the adopter for more than three years and
efforts have been exhausted to locate the minor within the stated period;

(3) When by other acts the adopted person has definitely repudiated the adoption.

Art. 42. Effects of Rescission or Revocation. Where the adopted minor has not reached the age of
majority at the time of the revocation or rescission referred to in the next preceding articles, the court in
the same proceeding shall determine whether he should be returned to the parental authority of his
natural parents or remitted to the Department of Social Welfare or any duly licensed child placement
agency or whether a guardian over his person and property should be appointed.

Where the adopted child has reached the age of majority, the revocation or rescission, if and when
granted by the court, shall release him from all obligations to his adopting parents and shall extinguish
all his rights against them: Provided, That if the said adopted person is physically or mentally
handicapped as to need a guardian over his person or property, or both, the court may appoint a
guardian in accordance with the provisions of existing law. In all cases of revocation or rescission, the
adopted shall lose the right to continue using the adopter's surname and the court shall order the
amendment of the records in the Civil Register in accordance with its decision.

FOSTER - CARE

Art. 67. Foster Homes. - Foster Homes shall be chosen and supervised by the Department of Social
Welfare or any duly licensed child placement agency when and as the need therefore arises. They shall
be run by married couples, to be licensed only after thorough investigation of their character,
background, motivation and competence to act as foster parents.

Art. 68. Institutional Care. - Assignment of the child to a foster home shall be preferred to institutional
care. Unless absolutely necessary, no child below nine years of age shall be placed in an institution. An
older child may be taken into an for child care if a thorough social case study indicates that he will derive
more benefit therefrom.

Art. 69. Day-care service and other substitute parental arrangement. arrangement shall be provided a
child whose parents and Day-care and other substitute parental relatives are not able to care for him
during the day. Such arrangements shall be the subject of accreditation and licensing by the Department
of Social Welfare.

Art. 70. Treatment of Child Under Foster Care. - A child under foster care shall be given, as much as
possible, the affection and understanding that his own parents, if alive or present, would or should have
extended to him. Foster care shall take into consideration the temporary nature of the placement and
shall not alienate the child from his parents.

YOUTH ASSOCIATIONS

Art. 99. Youth Associations. - As used in this Title, a youth association shall refer to any club,
organization or association of individuals below twenty-one years of age which is directly or indirectly
involved in carrying out child or youth welfare programs and activities.

Art. 100. Rights and Responsibilities. - All youth associations shall enjoy the same rights and discharge
the same responsibilities as civic associations as may be permitted under existing laws.

Art. 101. Student Organizations. - All student organization in public or private schools shall include in
their objectives the cultivation of harmonious relations among their members and with the various
segments of the community.

CHILD AND YOUTH WELFARE AND THE SAMAHAN

Art. 104. "Samahan" Defined. - As used in this Code, the term "samahan" shall refer to the aggregate of
persons working in commercial, industrial, and agricultural establishments or enterprises, whether
belonging to labor or management. councils, whenever necessary, shall provide by ordinance for
Art. 105. Organization. - The barangay, municipal and city the formation and organization of a samahan
in their respective communities. Membership in the samahan shall be on voluntary basis from among
responsible persons from the various sectors of the community mentioned in the preceding article.

Art. 106. Duties of the Samahan. - The Samahan shall:

(1) Prevent the employment of children in any kind of occupation or calling which is harmful to their
normal growth and development;

(2) Forestall their exploitation by insuring that their rates of pay, hours of work and other conditions of
employment are in accordance not only with law but also with equity;

(3) Give adequate protection from all hazards to their safety, health, and morals, and secure to them
their basic right to an education;

(4) Help out-of-school youth to learn and earn at the same time by helping them look for opportunities
to engage in economic self-sufficient projects;

(5) To coordinate with vocational and handicraft classes in all schools and agencies in the barangay,
municipality or city to arrange for possible marketing of the products or articles made by the students;
and

(6) Provide work experience, training and employment in those areas where the restoration and
conservation of our natural resources is deemed necessary.

WORKING CHILDREN

Art. 107. Employment of Children Below Sixteen Years, Children below sixteen years of age may be
employed to perform light work which is not harmful to their safety, health or normal development and
which is not prejudicial to their studies.

The provisions.of the Labor Code relating to employable age and conditions of employment of children
are hereby adopted as part of this Code insofar as not inconsistent herewith

Art. 108. Duty of Employer to Submit Report. - The employer shall submit to the Department of Labor a
report of all children employed by him. A separate report shall be made of all such children who are
found to be handicapped after medical examination. The Secretary of Labor shall refer such
handicapped children to the proper government or private agencies for vocational guidance, physical
and vocational rehabilitation, and placement in employment.

Art. 109. Register of Children. - Every employer in any commercial, industrial or agricultural
establishment or enterprise shall keep:

(1) A register of all children employed by him, indicating the dates of their birth;

(2) A separate file for the written consent to their employment given by their parents or guardians;
(3) A separate file for their educational and medical certificates; and

(4) A separate file for special work permits issued by the Secretary of Labor in accordance with existing
laws.

Art. 110. Education of Children Employed as Domestics. - If a domestic is under sixteen years of age, the
head of the family shall give him an opportunity to complete at least elementary education as required
under Article 71. The cost of such education shall be a part of the domestic's compensation unless there
is a stipulation to the contrary.

LABOR-MANAGEMENT PROJECTS

Art. 111. Right to Self-Organization. - Working children shall have the same freedoms as adults to join
the collective bargaining union of their own choosing in accordance with V l existing law.

Neither management nor any collective bargaining union shall threaten or coerce working children to
join, continue or withdraw as members of such union.

Art. 112. Conditions of Employment. - There shall be close collaboration between labor and
management in the observance of the conditions of employment required by law for working children.

Art. 113. Educational Assistance Programs. - The management may allow time off without loss or
reduction of wages for working children with special talents to enable them to pursue formal studies in
technical schools on scholarships financed by management or by the collective bargaining union or
unions.

Art. 114. Welfare Programs. - Labor and management shall, in cooperation with the Women and Minors
Bureau of the Department of Labor, undertake projects and in-service training programs for working
children which shall improve their conditions of employment, improve their capabilities and physical
fitness, increase their efficiency, secure opportunities for their promotion, prepare them for more
responsible positions, and provide for their social, educational and cultural advancement.

Art. 115. Research Projects. - Labor and management shall cooperate with any government or private
research project on matters affecting the welfare of working children.

SPECIAL CATEGORIES OF CHILDREN: DEPENDENT, ABANDONED AND NEGLECTED CHILDREN

Art. 141. Definition of Terms. - As used in this Chapter:

(1) A dependent child is one who is without a parent, guardian or custodian; or whose parents, guardian
or other custodian for good cause desires to be relieved of his care and custody; and is dependent upon
the public for support.

(2) An abandoned child is one who has no proper parental care or guardianship, or whose parents or
guardians have deserted him for a period of at least six continuous months.
(3) A neglected child is one whose basic needs have been deliberately unattended or inadequately
attended. Neglect may occur in two ways: a) There is a physical neglect when the child is malnourished,
ill clad and without proper shelter. A child is unattended when left by himself without provisions for his
needs and/or without proper supervision. b) Emotional neglect exists: when children are maltreated,
raped or seduced; when children are exploited, overworked or made to work under conditions not
conducive to good health; or are made to beg in the streets or public places, or when children are in
moral danger, or exposed to gambling, prostitution and other vices.

(4) Commitment or surrender of a child is the legal act of entrusting a child to the care of the
Department of Social Welfare or any duly licensed child placement agency or individual.

Commitment may be done in the following manner:

a) Involuntary commitment, in case of a dependent child, or through the termination of parental or

guardianship rights by reason of of abandonment, substantial and continuous or repeated neglect
and/or parental incompetence to discharge parental responsibilities, and in the manner, form and
procedure hereinafter prescribed.

b) Voluntary commitment, through the relinquishment of parental or guardianship rights in the manner
and form hereinafter prescribed.

Art. 142. Petition for Involuntary Commitment of a Child: Venue. - The Department of Social Welfare
Secretary or or his authorized representative or any duly licensed child placement agency having
knowledge of a child who appears to be dependent, abandoned or neglected, may file a verified petition
for involuntary commitment of said child to the care of any duly licensed child placement agency or
individual . The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with the
Court of First Instance of the province or City Court in which the parents or guardian resides or the child
is found.

Art. 143. Contents of Petition: Verification. - The petition for commitment must state so far as known to
the petitioner:

(1) The facts showing that the child is dependent, abandoned, or neglected;

(2) The names of the parent or parents, if known, and their residence. If the child has no parent or
parents living, then the name and residence of the guardian, if any; and

(3) The name of the duly licensed child placement agency or individual to whose care the commitment
of the child is sought.

The petition shall be verified and shall be sufficient if based upon the information and belief of the
petitioner.

Art. 144. Court to Set Time for Hearing: Summons. - When a petition or commitment is filed, the court
shall fix a date for the hearing thereof. If it appears from the petition that one or both parents of the
child, or the guardian, resides in province or city, the clerk of court shall immediately issue summons,
together with a copy of the petition, which shall be served on such parent or guardian not less than two
days before the time fixed for the hearing. Such summons shall require them to appear before the court
on the date mentioned.

Art. 145. When Summons shall not be issued. - The summons provided for in the next preceding article
shall not be issued and the court shall thereupon proceed with the hearing of the case if it appears from
the petition that both parents of the child are dead or that neither parent can be found in the province
or city and that the child has no guardian residing therein.

Art. 146. Representation of Child. - If it appears that neither of the parents nor the guardian of the child
can be found in the province or city, it shall be the duty of the court to appoint some suitable person to
represent him.

Art. 147. Duty of fiscal -The provincial or city fiscal shall appear for the State, seeing to it that there has
been due notice to all parties concerned and that there is justification for the declaration of
dependency, abandonment or neglect.

The legal services section of the Department of Social Welfare, any recognized legal association, or any
appointed de officio counsel shall prepare the petition for the Secretary of the Department of Social
Welfare, his representative or the head of the duly licensed child placement agency, or the duly licensed
individual and represent him in court in all proceedings arising under the provisions of this Chapter.

Art. 148. Hearing. - During the hearing of the petition, the child shall be brought before the court, which
shall investigate the facts and ascertain whether he is dependent, abandoned, or neglected, and, if so,
the cause and circumstances of such condition. In such hearing, the court shall not be bound by the
technical rules of evidence.

Failure to provide for the child's support for a period of six months shall be presumptive evidence of the
intent to abandon.

Art. 149. Commitment of Child. - If, after the hearing, the child is found to be dependent, abandoned, or
neglected, an order shall be entered committing him to the care and custody of the Department of
Social Welfare or any duly licensed child placement agency or individual.

Art. 150. When Child May Stay In His Own Home. - If in the court's opinion the cases of the
abandonment or neglect of any child may be remedied, it may permit the child to stay in his own home
and under the care and control of his own parents or guardian, subject to the supervision and direction
of the Department of Social Welfare.

When it appears to the court that it is no longer for the best interests of such child to remain with his
parents or guardian, it may commit the child in accordance with the next preceding article.

Art. 151. Termination of Rights of parents. - When a child shall have been committed to the Department
of Social Welfare or any duly licensed child placement agency or individual pursuant to an order of the
court, his parents or guardian shall thereafter exercise no authority over him except upon such
conditions as the court may impose.

Art. 152. Authority of Person, Agency or Institution. The Department of Social Welfare or any duly
licensed child placement agency or individual receiving a child pursuant to an order of the court shall be
the legal guardian and entitled to his legal custody and control, be responsible for his support as defined
by law, and when proper, shall have authority to give consent to his placement, guardianship and/or
adoption.

Art. 153. Change of Custody. - The Department of Social Welfare shall have the authority to change the
custody of a child committed to and duly licensed child placement agency or individual if it appears that
such change is for the best interests of the child. However, when conflicting interests arise among child
placement agencies the court shall order the change of commitment of the child.

Art. 154. Voluntary Commitment of a Child to an Institution. - The parent or guardian of a dependent,
abandoned or neglected child may voluntarily commit him to the Department of Social Welfare or any
duly licensed child placement agency or individual subject to the provisions of the next succeeding
articles.

Art. 155. Commitment Must Be in Writing. - No child shall be surrendered in writing by his parents or
guardian to the care committed pursuant to the preceding article unless he is and custody of the
Department of Social Welfare or duly licensed child placement agency. In case of the death or incapacity
of either parent or abandonment of the child for period of at least one year, the other parent alone shall
have the authority to make the commitment. The Department of Social Welfare, or any proper and duly
licensed child placement agency or individual shall have the authority to receive, train, educate, care for
care for or arrange appropriate placement of such child.

Art. 156. Legal Custody. - When any child shall have been committed in accordance with the preceding
article and such child shall have been accepted by the Department of Social Welfare or any duly licensed
child placement agency or individual, the rights of his natural parents, guardian, or other custodian to
exercise parental authority over him shall cease.

Such agency or individual shall be entitled to the custody and control of such child during his minority,
and shall have authority to care for, educate, train and place him out temporarily or for custody and
care in a duly licensed child placement agency. Such agency or individual may intervene in adoption
proceedings in such manner as shall best inure to the child's welfare.

Art. 157. Visitation or Inspection. - Any duly licensed child placement agency or individual receiving a
judicial order or by voluntary commitment by his parents or guardian shall be subject to visitation or
inspection by a representative of the court or of the Department of Social Welfare or both, as the case
may bc.

Art. 158. Report of Person or Institution. - Any duly licensed child placement agency or individual
receiving a child for commitment may at any time be required by the Department of Social Welfare to
submit a report; copy furnished the court, containing all necessary information for determirting whether
the welfare of the child is being served.

Art. 159. Temporary Custody of Child. - Subject to regulation by the Department of Social Welfare and
with the permission of the court in case of judicial commitment, the competent authorities of any duly
licensed child placement agency or individual to which a child has been committed may place him in the
care of any suitable person, at the latter's request, for a period not exceeding one month at a time.

The temporary custody of the child shall be discontinued if it appears that he is not being given proper
care, or at his own request, or at the instance of the agency or person receiving him.

Art. 160. Prohibited Acts. - It shall be unlawful for any child to leave the person or institutional to which
he has been judicially or voluntarily committed or the person under •whose custody he has been placed
in accordance with the next preceding article, or for any person to induce him to leave such person or
institution, except in case of grave physical or moral danger, actual or imminent, to the child.

Any violation of this article shall be punishable by an imprisonment of not more than one year or by a
fine of not more than two thousand pesos, or both such fine and imprisonment at the discretion of the
court: Provided, That if the violation is committed by a foreigner, he shall also be subject to deportation.

If the violation is committed by a parent or legal guardian of the child, such fact shall aggravate or
mitigate the offense as circumstances shall warrant.

Art. 161. Duty to Report Abandonment. - When the parents or persons entitled to act as guardian of a
child are dead or, if living, have abandoned him, for no valid reason, for at least six months in a duly
licensed child placement agency or hospital, or left him with any other person for the same period
without providing for his care and support , such fact shall be reported immediately to the Department
of Social Welfare. In case of a child left in a hospital immediate transfer of the child to the

Department of Social Welfare or any duly licensed child placement agency must be arranged. The
Department of Social Welfare shall make provisions for the adequate care and support of the child and
shall take such action as it may deem proper for his best interests.

Art. 162. Adoption of Dependent or Abandoned or Neglected Child. Upon the filing of an application by
any person to adopt a dependent, abandoned or neglected child in the custody of any institution or
individual mentioned in Article 156, it shall be the duty of the provincial or city fiscal, any recognized
legal association, or any appointed de officio counsel upon being informed of such fact, to represent the
Department of Social Welfare in the proceedings. The costs of such proceedings shall be de officio.

Art. 163. Restoration of Child After Involuntary Commitment. - The parents or guardian of a child
committed to the care of a person, agency or institution by judicial order may petition the proper court
for the restoration of his rights over the child. Provided, that the child in the meantime, has not been
priorly given away in adoption nor has left the country with the adopting parents or the guardian. The
petition shall be verified and shall state that the petitioner is now able to take proper care and custody
of said child.
Upon receiving the petition, the court shall fix the time for hearing the questions raised thereby and
cause reasonable notice thereof to be sent to the petitioner and to the person agency or institution to
which the child has been committed. At the trial, any person may be allowed, at the discretion of the
court, to contest the right to the relief demanded, and witnesses may be called and examined by the
parties or by the court motu proprio. If it is found that the cause for the commitment of the child no
longer exists and that the petitioner is already able to take proper care and custody of the child, the
court, after taking into consideration the best interests and the welfare of the child, shall render
judgment restoring parental authority to the petitioner.

Art. 164. Restoration After Voluntary Commitment. Upon petition filed with the Department of Social
Welfare the parent or parents or guardian who voluntarily committed a child may recover legal custody
and parental authority over him from the voluntarily committed when it is shown to the satisfaction of
agency, individual or institution to which such child was the Department of Social Welfare that the
parent, parents or guardian is in a position to adequately provide for the needs of the child: Provided,
That, the petition for restoration is filed within six months after the surrender.

In all cases, the person, agency or institution having legal custody of the child shall be furnished with a
copy of the petition and shall be given the opportunity to be heard.

Art. 165. Removal of Custody. - A petition to transfer custody of a child may be filed against a person or
child welfare agency to whose custody a child has been committed by the court based on neglect of
such child as defined in Article 141(3). If the court, after notice and hearing, is satisfied that the
allegations of the petition are true and that it is for the best interest and welfare of the child the court
shall issue an order taking him from the custody of the person or agency, as the case may be, and
committing him to the custody of another duly licensed child placement agency or individual.

The license of the agency or individual found guilty of such neglect may be suspended or revoked, as the
court may deem proper, in the same proceeding.

Art. 166. Report of Maltreated or Abused Child. - All hospitals, clinics and other institutions as well as
private physicians providing treatment shall, within forty-eight hours from knowledge of the case, report
in writing to the city or provincial fiscal or to the Local Council for the Protection of Children or to the
nearest unit of the Department of Social Welfare, any case a maltreated or abused child, or exploitation
of an employed child contrary to the provisions of labor laws. It shall be the duty of the Council for the
Protection of Children or the unit of the Department of Social Welfare to whom such a report is made to
forward the same to the provincial or city fiscal.

Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to make
such report to a fine of not more than two thousand pesos. In cases of sexual abuse, the records
pertaining to the case shall be kept strictly confidential and no information relating thereto shall be
disclosed except in connection with any court or official proceeding based on such report. Any person
disclosing confidential information in violation of this provision shall be möte than five thousand pesos,
or by imprisonment for not punished by a fine of not less than one hundred pesos nor less than thirty
days nor more than one year, or both such fine and imprisonment, at the discretion of the court.
Art. 167. Freedom from Liability of Reporting Person or Persons, organizations, physicians, nurses,
Institution hospitals, clinics and other entities which shall in good faith report cases of cases of child
abuse, neglect, maltreatment abandonment or exposure to moral danger are free from any civil or
criminal liability arising therefrom.

MENTALLY RETARDED, PHYSICALLY HANDICAPPED, EMOTIONALLY DISTURBED AND MENTALLY ILL

CHILDREN

Art. 168. Mentally Retarded Children. - Mentally retarded children are :

(1) socially incompetent, that is, socially inadequate and occupationally incompetent and unable to
manage their own affairs;

(2) mentally subnormal;

(3) retarded intellectually from birth or early age;

(4) retarded at maturity;

(5) mentally deficient as a result of constitutional origin, through hereditary or disease, and

(6) essentially incurable. Mental

Art. 169. Classification of Mental Retardation. Retardation is divided into four classifications:

(1) Custodial Group. The members of this classification are severely or profoundly retarded, hence, the
least capable group. This includes those with I.Q.s to 25.

(2) Trainable Group. The members of this group consist of those with I.Q.s from about 25 to about 50;
one who belongs to this group shows a mental level and rate of development which is. 1/4 to 1/2 that of
the average child, is unable to acquire higher academic skills, but can usually acquire the basic skills for
living to a reasonable degree. He can likewise attain a primary grade level of cducation if he receives
effective instruction

(3) Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual
development is approximately 1/2 to 3/4 of that expected of a normal child of the same chronological
age. The degree of success or accomplishment that they will reach in life depends very much on the
quality and type of education they receive, as well as on the treatment at home and in the community.
Many of the educable retardates may reach 5th or 6th grade educational level and can develop
occupational skills which may result in partial or complete economic independence in adulthood.

(4) Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s from
about 75 to about 89. The members of this classification are only slightly retarded and they can usually
get by in regular classes if they receive some extra help, guidance and consideration. They have to spend
much more time with their studies than do most children in order to pass. Those who cannot make it are
usually handicapped by one or more other conditions aside from that of intelligence.
Art. 170. Physically Handicapped Children. Physically handicapped children are those who are crippled,
deaf-mute, blind, or otherwise defective which restricts their means of action on communication with
others.

Art. 171. Emotionally Disturbed Children. - Emotionally disturbed children are those who, although not
afflicted with insanity or mental defect, are unable to maintain normal social relations with others and
the community in general due to emotional problems or complexes

Art. 172. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder, whether
functional or organic, which is of such a degree of severity as to require professional help or
hospitalization.

Art. 173. Admission of Disabled Children. - The Department of Social Welfare, upon the application of
the parents or guardians and the recommendation of any reputable diagnostic center or clinic, shall
refer and/or admit disabled children to any public or private institution providing the proper care,
training and rehabilitation.

"Disabled children" as used in this Chapter shall include mentally retarded, physically handicapped,
emotionally disturbed, and severe mentally ill children.

Art. 174. Training and Opportunities for Disabled Children. Specialized educational services shall be
expanded and improved to provide appropriate opportunities for disabled children. Vocational
rehabilitation and manpower conservation agencies shall train disabled children for specialized types of
jobs, services and business which could be learned only by them and shall help provide opportunities for
their future occupational placement: That the agencies and organizations engaged in programs and
services for the disabled need not be limited to minors. Persons of legal age may be admitted whenever
facilities are available for them.

Art. 175. Planning of Programs and Services. - Selected pilot demonstration projects needed by the
disabled children shall be developed and shall be the basis for planning expanded programs and services
throughout the nation. There shall be established area centers designed to bring together an aggregate
of services to serve all ages of the disabled within a specified geographical area.

Art. 176. Donations. - Donations to agencies and organizations engaged in programs and services for
disabled children shall be deductible in accordance with the provision of Presidential Decree No. 507.

Art. 177. Petition for Commitment. - Where a child appears to be mentally retarded, physically
handicapped, emotionally disturbed, or mentally ill, and needs institutional care but his parents or
guardians are opposed thereto, the Department of Social Welfare, or any duly licensed child placement
agency or individual shall have the authority to file a petition for commitment of the said child to any
reputable institution providing care, training and rehabilitation for disabled children. The parents or
guardian of the child may file a similar petition in case no immediate placement can be arranged for the
disabled child when the welfare and interest of the child is at stake.
Art. 178. Venue. - The petition for commitment of a disabled child shall be filed with the Juvenile and
Domestic Relations Court, if any, or with the Court of First Instance of the province City Court where the
parent or guardian resides or where the child is found.

Art. 179. Contents of Petition. - The petition for commitment must state so far as known to the
petitioner:

(1) The facts showing that the child appears to be mentally retarded, physically handicapped,
emotionally disturbed or mentally ill and needs institutional care;

(2) The Fact that the parents or guardians or any duly licensed disabled child placement agency, as the
case may be, has opposed the commitment of such child;

(3) The name of the parents and their residence, if known or if the child has no parents or parent living,
the names and residence of the guardian, if any; and

(4) The name of the institution where the child is to be committed. The petition shall be verified and
shall be sufficient if based upon the information and belief of the petitioner.

Art. 180. Order of Hearing. - If the petition filed is sufficient in form and substance, the court, by an
order reciting thepurpose of the petition, shall fix the date for the hearing thereof, and a copy of such
order shall be served on the child alleged to be mentally retarded, or physically handicapped, or and on
the person emotionally disturbed, 'or mentally ill, and on having charge of him or any of his relatives
residing in the province or city as the judge may deem proper. The court shall furthermore order the
sheriff to produce, if possible, the alleged disabled child on the date of the hearing.

Art. 181. Hearing and Judgment. - Upon satisfactory proof that the institutional care of the child is for
him or the public welfare and that his parents, or guardian or relatives are unable for any reason to take
proper care of him, the Court shall order his commitment to the proper institution for disabled children.

Art. 182. Disposition of Property or Money. - The Court, in its order of commitment, shall make proper
provisions for the custody of property or money belonging to the committed child

Art. 183. Findings and Other Data. - The Court shall furnish the institution to which the child has been
committed with a copy of its judgment, together with all the social and other data pertinent to the case.

Art. 184. Expenses. - The expense of maintaining a disabled child in the institution to which he has been
committed shall be borne primarily by the parents or guardian and secondarily by such disabled child, if
he has property of his own.

In all cases where the expenses for the maintenance of the disabled child cannot be paid in accordance
with the next preceding paragraph, the same or such part thereof as may remain unpaid, shall be borne
by the Department of Social Welfare.
Art. 185. Children With Cerebral Palsy. - Children afflicted with cerebral palsy shall be committed to the
institution which under the circumstances of the particular child concerned is best equipped to treat and
care for him.

Art. 186. Discharge of Child Judicially Committed. - The Court shall order the discharge of any child
judicially committed to institution for disabled children if it is certified by the Department of Social
Welfare that:

(1) He has been certified by the duly licensed disabled child placement agency to be no longer a hazard
to himself or to the community;

(2) He has been sufficiently rehabilitated from his physical handicap or, if of work age, is already fit to
engage in a gainful occupation; or

(3) He has been relieved of his emotional problems and complexes and is ready to assume normal social
relations.

Art. 187. Discharge of Child Voluntarily Committed. - Any child voluntarily committed to an institution
for disabled children may be discharged by the Department of Social Welfare motu proprio or upon the
request of his parents or guardian on any of the grounds specified in the preceding article. In the latter
case, the Department of Social Welfare may refuse to discharge the child if, in its opinion, his release
would be prejudicial to him or to the community. Art. 188. Assistance of Fiscal. - The provincial or city
fiscal shall represent the Department of Social Welfare or any recognized legal association in all judicial
matters arising under the provisions of this.
MODULE - 4 JUVENILE JUSTICE SYSTEM (Final preambular clause of the Declaration of the Rights

of the Child.

OBJECTIVES. On this module student will learn and know the essential laws on Republic

Act No. 9344 otherwise known as Juvenile Justice Welfare Act of 2006.

Whereas, mankind owes to the child the best it has to give. (Final preambular clause of the Declaration
Rights of the Child

Legal Framework

Under Section 3 (2), Article XV of the 1987 Constitution of the Republic of the Philippines, the State shall
defend the nutrition, and special protection from all forms of neglect, night of children to assistance,
including proper care and abuse, cruelty, exploitation, and other conditions prejudicial to their
development.

As a State Party to the United Nations Convention on the Rights of the Child, the Philippines recognizes
the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law
to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking
into account the child's age and desirability of promoting his/her reintegration. (See Juvenile Justice and
Welfare Council's Legal Research on RA 9344 as amended, citing Article 40, UN Convention on the Rights
of the Child)

Although not legally binding, the following international instruments were also adopted by the
Philippines in the administration of juvenile justice and welfare: (1) United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (Beijing Rules), (2) United Nations Guidelines for the
Prevention of Juvenile Delinquency (Riyadh Guidelines), and (3) United Nations Rules for the Protection
of Juveniles Deprived of Liberty. (Id., citing Section 5, RA No. 9344)

RA No. 9344 and Restorative Justice Comprehensive Juvenile Justice and Welfare System, Republic Act
No. 9344 ("An Act Establishing Creating the Juvenile Justice and Welfare Council under the Department
of Justice, Appropriating Funds Therefor and For Other Purposes")—which became effective on May 20,
2006—promotes the creation of a child-friendly justice than punishment. (See Implement the Juvenile
Justice Law system focused on rehabilitation and restoration rather fully and Philippines) (“Juvenile
Justice and Welfare System refers to - UNICEF, https://www.unicef.org > 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. (Sec. 4 (m), RA No. 9344])
RA No. 9344 (also known as the "Juvenile Justice and Welfare Act of 2006") declared as a policy that
"The State shall apply the principles of restorative justice in all its laws, policies and programs applicable
to children in conflict with the law. (Section 2 [f], RA No. 9344)

“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. (Sec. 4 [q] RA No. 9344)

RA No. 9344 also upholds the basic principle that a child must not be treated as an adult as enshrined in
the United Nations Convention on the Rights of the Child (which was signed and ratified by the
Philippines): "The child, by reason of his physical and mental immaturity, needs special before as well as
after birth." (See Implement the Juvenile safeguards and care, including appropriate legal protection.
Justice Law fully and effectively - UNICEF, https://www.unicef. org >

The law shall cover the different stages involving children at risk (CAR) and children in conflict with the
law CICL) from prevention to rehabilitation and reintegration. Sec. 1, RA 9344)

RA No. 10630

Republic Act No. 10630, which took effect on November 7, 2013, amended RA No. 9344 by establishing
a comprehensive juvenile justice system, strengthening the the administrative supervision of the
Department of Social Juvenile Justice and Welfare Council and placing it under Welfare and
Development.

RA No. 10630 also imposes the maximum period of 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 the child and shall indùce, threaten or instigate the commission
abuse of confidence, takes advantage of the vulnerabilities of of the crime. (Sec. 20-C, RA No. 9344, as
amended by RA No. 10630)

IV. Provisions of RA No. 9344 (Juvenile Justice and Welfare Act of 2006), as amended by RA No. 10630
(Emphasis and Underscoring Supplied)

1. 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 e and civic affairs.

(b) The State shall protect the best interests of the child international standards of child protection,
especially through measures that will ensure the observance of before any authority shall be conducted
in the best those to which the Philippines is a party. Proceedings interest of the child and in a manner
which allows the The participation of children in the program and policy formulation and
implementation related to juvenile justice and welfare shall be ensured by the concerned government
agency.

(C) The State likewise recognizes the right of children to assistance, including proper care and nutrition,
and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions
prejudicial to their development.

(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State
recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the
penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and
worth, taking into account the child's age and desirability of promoting his/her reintegration. Whenever
appropriate and desirable, the State shall adopt measures for dealing with such children without
resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It
shall ensure that children are dealt with in a manner appropriate to their well-being by providing for,
among others, a variety of disposition measures such as care, guidance and supervision orders,
counseling, probation, foster care, education and vocational training programs and other alternatives to
institutional care.

(e) The administration of the juvenile justice and welfare system shall take into consideration the
cultural and religious perspectives of the Filipino people, particularly Sid the indigenous peoples and the
Muslims, consistent with the protection of the rights of children belonging to these communities.

(f) The State shall apply the principles of restorative justice in all its laws, policies and programs
applicable to children in conflict with the law. (Sec. 2)

2. Liberal Construction of the Act

In case of doubt, the interpretation of any of the provisions of the Act, including its implementing rules
and regulations (IRRs), shall be construed liberally in favor of the child in conflict with the law. (Sec. 3)

Definition of Terms (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.

(b) “Best Interest of the Child” refers to 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 Tong safeguarding the growth and development of the child.

(c) “Child” refers to a person under the age of eighteen (18) years.
(d) “Child at Risk” (CAR) refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical, psychological, mental, economic or any Sma
other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the
child;

(2) being exploited including sexually or economically,

(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot
be found

(4) coming from a dysfunctional or broken family or without a parent or guardian;

(5) being out of school;

(6) being a street child;

(7) being a member of a gang;

(8) living in a community with a high level of criminality or drug abuse; and

(9) living in situations of armed conflict.

(e) “Child in Conflict with the Law" (CICL) refers to a child who is alleged as, accused of, or adjudged as
having committed an offense under Philippine laws.

(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.

(l) "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 o 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 ever proceedings, including programs and
services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal
growth and development AS ASOS

(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.

(0) "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 involvement of the victim, the offender and
the a process of resolving conflicts with the maximum reconciliation of the offender, the offended and
the community. It seeks to obtain reparation for the victim, community; and reassurance to the offender
that the public safety by activating the offender, the victim and she can be reintegrated into society. It
also enhances 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) Bahay Pag-asa refers to a 24-hour child-caring institution established, funded and managed by local
government units (LGUs) and licensed and/or accredited basi nongovernment organizations (NGOs)
providing short- term residential care for children in conflict with the law who are above fifteen (15) but
below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction.

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.
A multi-disciplinary team composed of a social worker 10a psychologist/mental health professional, a
medical doctor, an educational/guidance counselor and a Barangay Council for the Protection of
Children (BCPC) member shall operate the "Bahay Pag-asa". The team will work on the individualized
intervention plan with the child and the child's family.

(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. restricted pending court disposition of the charges
Physical mobility of residents of said centers may be

(u) "Victimless Crimes" refers to offenses where there is no private offended party. (Sec. 4) against

4. Principles in the Administration of Juvenile Justice 19 and Welfare

A. 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;

(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the
possibility of release:

(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment
being a disposition of last resort, and which shall be for the shortest appropriate period of time;

(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a
manner which takes into account the needs of a person of his/ her age. In particular, a child deprived of
liberty shall be separated from adult offenders at all times. No child shall be detained together with
adult offenders. He/She shall be conveyed separately to or from court. H/she shall await hearing of
his/her own case in a separate holding area. A child in conflict with the law shall have the right to
maintain contact with his/her family through correspondence and visits, save in exceptional
circumstances;

(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge
the legality of the deprivation of his/her liberty before a court or other competent, independent and
impartial authority, Sple and to a prompt decision on such action; (

f) the right to bail and recognizance, in appropriate cases;

(g) the right to testify as a witness in his/her own behalf under the rule on examination of a child
witness:

(h) the right to have his/her privacy respected fully at all stages of the proceedings;

(i) the right to diversion if he/she is qualified and voluntarily avails of the same;

(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best
interest, leonto the rights of the victim and the needs of society are all taken into consideration by the
court, under the principle of restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where
discretion is given by law to the judge to determine whether to impose fine or imprisonment, the
imposition of fine being preferred as the more appropriate penalty;

(l) in general, the right to automatic suspension of sentence;

(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;

(n)the right to be free from liability for perjury, concealment or misrepresentation; and

(0) other rights as provided for under existing laws, rules regulations

The State further adopts the provisions of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice or "Beijing Rules", United Nations Guidelines for the Prevention of
Juvenile Delinquency or the "Riyadh Guidelines", and the United Nations Rules for the Protection
juveniles deprived of liberty section (5)

B. 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 the Act.

A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her
birthdate.

A 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 the Act.

The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws. (Sec. 6)
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. 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.

Any person contesting the age of the child in conflict with the law prior to the filing of the information in
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

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.

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. (Sec. 7)

5. Structures in the Administration of Juvenile Justice and Welfare

A. Juvenile Justice and Welfare Council (JJWC)

A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of
Social Welfare and Development 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 the Act and coordination among the following agencies:

(a) Department of Justice (DOJ);

(b) Council for the Welfare of Children (CWC):

(c) Department of Education (DepED);

(d) Department of the Interior and Local Government (DILG);

(e) Public Attorney's Office (PAO);

(f) Bureau of Corrections (BUCOR);

(g) Parole and Probation Administration (PPA);

(h) National Bureau of Investigation (NBI);

(i)Philippine National Police (PNP);

(j)Bureau of Jail Management and Penology (BJMP);

(k) Commission on Human Rights (CHR);

(l) Technical Education and Skills Development Authority (TESDA)

(m) National Youth Commission (NYC); and

(n)Other institutions focused on juvenile justice and intervention programs.

The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be
designated by the concerned heads of the following departments or agencies and shall receive
emoluments as may be determined by the Council in accordance with existing budget and accounting
rules and regulations:

(1) Department of Justice (DOJ);

(2) Department of Social Welfare and Development (DSWD);

(3) Council for the Welfare of Children (CWC);

(4) Department of Education (DepED);

(5) Department of the Interior and Local Government (DILG);

(6) Commission on Human Rights (CHR);

(7) National Youth Commission (NYC);

(8) Two (2) representatives from NGOs, to be designated

by the Secretary of Social Welfare and Development, to be selected based on the criteria established by
the Council;

(9) Department of Health (DOH); and

(10) One (1) representative each from the League of Provinces, League of Cities, League of Municipalities
and League of Barangays.

There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each region. The RJJWCs
will be under the administration and supervision of the JJWC. The RJJWC shall be chaired by the director
of the regional office of the DSWD. It shall ensure the effective implementation of this Act at the
regional and LGU levels and the coordination among its member agencies

The RJJWC will be composed of permanent representatives who shall have a rank not lower than an
assistant regional director or its equivalent to be designated by the concerned department heads from
the following agencies and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations

(i)Department of Justice (DOJ);

(ii) Department of Social Welfare and Development (DSWD);

(iii) Department of Education (DepED); ).

(iv) Department of the Interior and Local Government (DILG);

(v) Commission on Human Rights (CHR);

(vi) Department of Health (DOH):

(vii) Two (2) representatives from NGOs operating within the region selected by the RJJWC based on the
criteria established by the JJWC:

viii) One (1) sectoral representative from the children or youth sector within the region; and

(ix) One (1) representative from the League of Provinces/ Cities/ Municipalities/ Barangays of the
Philippines.

The JJWC shall convene within fifteen (15) days from the effectivity of the Act. The Secretary of Social
Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC
national secretariat and the RJJWC secretariat.

In the implementation of the Act, the JJWC shall consult with the various leagues of local government
officials.

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. 8)

(B)Duties and Functions of the JJW

The JJWC shall have the following duties and functions:

(a) To oversee the implementation of this Act;

(b) To advise the President on all matters and policies relating to juvenile justice and welfare;

(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the
formulation of new ones in line with the provisions of the Act;
(d) To periodically develop a comprehensive 3 to 5-year wan national juvenile intervention program,
with the participation of government agencies concerned, NGOs and youth organizations;

(e) To coordinate the implementation of the juvenile Oni intervention programs and activities by
national our government agencies and other activities which may 10 have an important bearing on the
success of the entire national juvenile intervention program. All programs relating to juvenile justice and
welfare shall be adopted in consultation with the JJWC;

(f) To consult with the various leagues of local government officials in the formulation and
recommendation of mot policies and strategies for the prevention of juvenile delinquency and the
promotion of juvenile justice and welfare;

(g) To formulate and recommend policies and strategies in consultation with children for the prevention
of juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation
of the children in conflict with the law;

(h) To collect relevant information and conduct continuing research and support evaluations and studies
on all matters relating to juvenile justice and welfare, such as, but not limited to:

(1) The performance and results achieved by juvenile intervention programs and by activities of the local
government units and other government agencies;

(2) The periodic trends, problems and causes of juvenile delinquency and crimes; and

(3) The particular needs of children in conflict with the law in custody. The data gathered shall be used
by the JJWC in on the improvement of the administration of juvenile justice and welfare system. The
JJWC shall submit an annual report to Congress hoy on the implementation of the provisions of the Act.
The JJWC shall set up a mechanism to ensure that children are involved in research and policy
development.

(i) Through duly designated persons and with the assistance of the agencies provided in the preceding 5
section, to conduct regular inspections in detention in 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

(j) 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,

(k) To submit an annual report to the President on the implementation of the Act;

(l) To perform such other functions as may be necessary to implement the provisions of the Act." (Sec. 9)
c. Duties and Functions of the RJJWC

The RJJWC shall have the following duties and functions:

(a) To oversee and ensure the effective implementation of this Act at the regional level and at the level
of the LGUs;

(b) To assist the concerned agencies in the implementation and in compliance with the JJWC's adopted
policies/ regulations or provide substantial inputs to the JJWC in the formulation of new ones in line
with the provisions of the Act;

(c) To assist in the development of the comprehensive 3 to 5-year local juvenile intervention program,
with the participation of concerned LGUs, NGOs and youth organizations within the region and monitor
its implementation;

(d) To coordinate the implementation of the juvenile intervention programs and activities by national
government agencies and other activities within the region;

(e) To oversee the programs and operation of the intensive juvenile intervention and support center
established within the region;

(f) To collect relevant regional information and conduct continuing research and support evaluations
and studies on all matters relating to juvenile justice and welfare within the region, such as, but not
limited to:

(1) Performance and results achieved by juvenile intervention programs and by activities of the LGUS no
and other government agencies within the region;

(2) The periodic trends, problems and causes of juvenile delinquency and crimes from the LGU 22 level
to the regional level; and

(3) The particular needs of children in conflict with the law in custody within their regional jurisdiction.
The data gathered shall be forwarded by the One RJJWC to the JJWC on an annual basis and as may be
deemed necessary by the JJWC.

(g) 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 within the region and to
undertake spot inspections on their own initiative in order to check compliance with the standards
provided herein and to and make the necessary reports and recommendations to appropriate agencies
and to the JJWC;

(h) To initiate and coordinate the conduct of trainings for the w personnel of the agencies involved in
the administration of the juvenile justice and welfare system and the juvenile intervention program
within the region;
(i) To submit an annual report to the JJWC on the implementation of the Act;

(j) To perform such other functions as may be determined by the JJWC to implement the provisions of
this Act. Sec 9-A

D. 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 the 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. (Sec. 10)

E. 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. (Sec. 11)

6. Prevention of Juvenile Delinquency

1. The Role of the Different sectors

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 the
Act, a child in conflict with the law shall be maintained in his/her family. (Sec. 12)

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 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. 13)

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. 14)

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 the 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.

The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for
the adoption of a comprehensive plan on delinquency prevention, and to oversee its proper
implementation.

One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be
allocated for the strengthening and implementation of the programs of the LCPC: Provided, that the
disbursement of the fund shall be made by the LGU concerned. (Sec. 15)

Appointment of Local Social Welfare and Development as its local social welfare and development
officer tasked to assist children in conflict with the law. (Sec. 16)

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.
(Sec. 17)

7. Comprehensive Juvenile Intervention Program

A. 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. 18)

B .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;

(b) Secondary intervention includes measures to assist children at risk; and

(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system
and other measures to prevent re-offending. (Sec. 19)

8. Treatment of Children below the Age of Criminal Responsibility

A. 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. The child shall be subjected
to a community- based intervention program supervised by the local social welfare and development
officer, unless the best interest of the child requires the referral of the child to a youth care facility or
"Bahay Pag-asa" managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.

The local social welfare and development officer shall determine the appropriate programs for the child
who has been released, in consultation with the child and 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) A duly registered nongovernmental or religious organization;

(b) A barangay official or a member of the Barangay Council for the Protection of Children (BCPC);

(c) A local social welfare and development officer; or, when and where appropriate, the DSWD.

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 a youth care facility or "Bahay Pag-asa", the child's parents or guardians shall
 execute a written authorization for the voluntary commitment of the child: Provided, That if the child
has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary
commitment, the proper petition for involuntary commitment shall be immediately filed by the DSWD
or the Local Social Welfare and Development Office (LSWDO) pursuant to Presidential Decree No. 603,
as amended, otherwise known as "The Child and Youth Welfare Code” and the Supreme Court rule on
commitment of children: Provided, further, That the minimum age for children committed to a youth
care facility or "Bahay Pag-asa" shall be twelve (12) years old. (Sec. 20)

Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility

A child who is above twelve (12) years of age up to fifteen (15) years of age 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 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of
imprisonment shall be deemed a neglected child under Presidential Decree No. 603, as amended, and
shall be mandatorily placed in a special facility within the youth care facility or "Bahay Pag- asa" called
the Intensive Juvenile Intervention and Support Center (IJISC).

In accordance with existing laws, rules, procedures and guidelines, the proper petition for involuntary
commitment and placement under the IJISC shall be filed by the local social welfare and development
officer of the LGU where the offense was committed, or by the DSWD social worker in the local social
welfare and development officer's absence, within twenty-four (24) hours from the time of the receipt
of a report on the alleged commission of said child. The court, where the petition for involuntary
commitment has been filed shall decide on the petition within seventy-two (72) hours from the time the
said petition has been filed by the DSWD/LSWDO. The court will determine the initial period of
placement of the child within the IJISC which shall not be less than one (1) year. The multi- disciplinary
team of the IJISC will submit to the court a case study and progress report, to include a psychiatric
evaluation report and recommend the reintegration of the child to his/her family or the extension of the
placement under the IJISC. The multi-disciplinary team will also submit a report to the court on the
services extended to the parents and family of the child and the compliance of the parents in the
intervention program. The court will decide whether the child has successfully completed the center-
based intervention program and is already prepared to be reintegrated with his/her family or if there is
a need for the continuation of the center-based rehabilitation of the child. The court will determine the
next period of assessment or hearing on the commitment of the child. (Sec. 20-A)

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: Provided, That the child was previously subjected to a community-based
intervention program, shall be deemed a neglected child under Presidential
Decree No. 603, as amended, and shall undergo an intensive intervention program supervised by the
local social welfare and development officer: Provided, further. That, if the best interest of the child
requires that he/she be placed in a youth care facility or "Bahay Pag-asa", the child's parents or
guardians shall execute a written authorization for the voluntary commitment of the child: Provided,
finally, That if the child has no parents or guardians or if they refuse or fail to execute the written
authorization for voluntary commitment, the proper petition for involuntary commitment shall be
immediately filed by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as amended.
(Sec. 20-B)

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-C)

E. Joint Parental Responsibility Based on the recommendation of the multi-disciplinary team of the IJISC,
the LSWDO or the DSWD, the court may require the parents of a child in conflict with the law to undergo
counseling or any other intervention that, in the opinion of the court, would advance the welfare and
best interest of the child.

As used in the Act, "parents" shall mean any of the following:

(a) Biological parents of the child; or

(b) Adoptive parents of the child; or

(c) Individuals who have custody of the child. A court exercising jurisdiction over a child in conflict with
the law may require the attendance of one or both parents of the child at the place where the
proceedings are to be conducted.

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. 20-D)

F. Assistance to Victims of Offenses Committed by Children The victim of the offense committed by a
child and the victim's family shall be provided the appropriate assistance and psychological intervention
by the LSWDO, the DSWD and other concerned agencies. (Sec. 20-E)

9. Juvenile Justice and Welfare Systemy

A. Initial Contact with the Child

1. 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;

(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in
a language or dialect understood by him/her;

(c) Properly identify himself/herself and present proper identification to the child;

(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual
advances on the child in conflict with the law;

e) Avoid displaying or using any firearm, weapon handcuffs or other instruments of force or restraint,
unless absolutely necessary and only after all other methods of control have been exhausted and have
failed;

(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for
his/her apprehension;

(g) Avoid violence or unnecessary force;

(h) Determine the age of the child pursuant to Section 7 of the Act;

(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to
the Social Welfare and Development Office or other accredited NGOs, and notify the child's
apprehension. The social welfare and development officer shall explain to the child and the child's
parents/guardians the consequences of the child's act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;

(j) Take the child immediately to the proper medical and health officer for a thorough physical and
mental examination. The examination results shall be kept confidential unless otherwise ordered by the
Family air Court. Whenever the medical treatment is required, steps shall be immediately undertaken to
provide the nib same;

(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be
secured in quarters separate from that of the opposite sex and adult offenders;

(l) Record the following in the initial investigation:

1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;

2. That the parents or guardian of a child, the DSWD, and the PAO have been informed of the
apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise details of the physical and
medical examination or the failure to submit a child to such examination, and

(m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's
parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the
said statement.

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. 21)

2. 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.

The taking of the statement of the child shall be conducted in the presence of the following: (1) child's
counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's
parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and
development officer. In the absence of the child's parents, guardian, or nearest relative, and the local
social welfare and development officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the BCPC.

The social worker shall conduct an initial assessment to determine the appropriate interventions and
whether the child acted with discernment, using the discernment assessment tools developed by the
DSWD. The initial assessment shall be without prejudice to the preparation of a more comprehensive
case study report. The local social worker shall do either of the following:

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

(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment,
proceed to diversion under the following chapter. (Sec. 22)

10. Diversion

A. System of Diversion

Children in conflict with the law shall undergo diversion programs without undergoing court proceedings
subject to the conditions herein provided:

(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
 (b) the best interest of the child with a view to accomplishing the objectives of the restorative
justice and the formulation of a diversion program. The child and his/her family shall be present
in these activities.

(b) In victimless crimes where the imposable penalty is not The more than six (6) years imprisonment,
the local social S 30 welfare and development officer shall meet with the child od and his/her parents or
guardians for the development of the appropriate diversion and rehabilitation program, in coordination
with the BCPC;

(c) Where the imposable penalty for the crime committed o exceeds six (6) years imprisonment,
diversion measures may be resorted to only by the court (Sec. 23)

B. 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 levels and phases of the proceedings including judicial level.
(Sec. 24)

C. 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. 25)

D. 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.

The child shall present himself/herself to the competent authorities that imposed the diversion program
at least once a month for reporting and evaluation of the effectiveness of the program.

Failure to comply with the terms and conditions of the contract of diversion, as certified by the local
social welfare and development officer, shall give the offended party the option to institute the
appropriate legal action.

The period of prescription of the offense shall be suspended during the effectivity of the diversion
program, but not exceeding a period of two (2) years. (Sec. 26)
E. Duty of the Punong Barangay When There is No devisor,

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. 27)

F. 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. 28)

G. Factors in Determining Diversion Program

ORT 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;

(b) The frequency and the severity of the act;

(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);

(d) The influence of the family and environment on the growth of the child;

(e) The reparation of injury to the victim;

(f) The weight of the evidence against the child;

(g) The safety of the community; and

(h) The best interest of the child. (Sec. 29)

H. Formulation of the Diversion Program

In formulating a diversion program, the individual characteristics and the peculiar circumstances of the
child in conflict with the law shall be used to formulate an individualized treatment.

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;
(b) The parents' or legal guardians' ability to guide and supervise the child;

(c) The victim's view about the propriety of the measures to be imposed; and

(d) The availability of community-based programs for rehabilitation and reintegration of the child. (Sec.
30)

1. Kinds of Diversion Program

The diversion program shall include adequate socio- cultural and psychological responses and services
for the child. At the different stages where diversion may be resorted to, the following diversion
programs may be agreed upon, such as, but not limited to:

(a) At the level of the Punong Barangay:

(1) Restitution of property;

(2) Reparation of the damage caused;

(3) Indemnification for consequential damages;

(4) Written or oral apology;

(5) Care, guidance and supervision orders;

(6) Counseling for the child in conflict with the law and the child's family;

(7) Attendance in trainings, seminars and lectures on:

(i) anger management skills;

(ii) problem solving and/or conflict resolution skills;

(iii) values formation; and

(iv) other skills which will aid the child in dealing with situations which can lead to repetition of the
offense;

(8) Participation in available community-based programs, including community service; or

(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

(2) Confiscation and forfeiture of the proceeds or instruments of the crime;

(c) At the level of the appropriate court:

(1) Diversion programs specified under paragraphs(a) and (b) above;

(2) Written or oral reprimand or citation;

(3) Fine:

(4) Payment of the cost of the proceedings;

(5) Institutional care and custody. (Sec. 31)

11. Prosecution

A. 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. 32)

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 Sections 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.

Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public
Attorney's Office of such service, as well as the personal information, and place of detention of the child
in conflict with the law.

Upon determination of probable cause by the prosecutor, the information against the child shall be filed
before the Family Court within forty-five (45) days from the start of the preliminary investigation. The
information must allege that the child acted with discernment. (Sec. 33)

12. Court Proceedings

A. Bail For purposes of recommending the amount of bail, the privileged mitigating circumstance of
minority shall be considered. (Sec. 34)

B. 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;
(b) the release of the child in conflict with the law on bail; or

(c) the transfer of the minor to a youth detention home/ youth rehabilitation center.

The court shall not order the detention of a child in a jail pending trial or hearing of his/her case. (Sec.
35)

c Detention of the Child Pending Trial

Children detained pending trial may be released on bail or recognizance as provided for under Sections
34 and 35 under the 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.

Whenever detention is necessary, a child will always be detained in youth detention homes established
by local governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where
the child resides.

In the absence of a youth detention home, the child in conflict with the law may be committed to the
care of the DSWD or a local rehabilitation center recognized by the government in the province, city or
municipality within the jurisdiction of the court . The center or agency concerned shall be responsible for
the child's appearance in court whenever required. (Sec. 36)

D 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 determine whether or not diversion is appropriate. (Sec. 37)

E. 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 quilt.

Upon suspension of sentence and after considering the various circumstances of the child, the court
shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles
in Conflict with the Law. (Sec. 38)
F. 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.

The discharge of the child in conflict with the law shall not affect the civil liability resulting from the
commission of the offense, which shall be enforced in accordance with law. (Sec. 39)

G. 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

If said child in conflict with the law has reached eighteen (18) years of age while under suspended
sentence, the court Shall determine whether to discharge the child in accordance with the Act, to order
execution of sentence, or to extend the suspended sentence for a certain specified period or until the
child reaches the maximum age of twenty-one (21) years. (Sec. 40)

H. 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 the Act. (Sec. 41)

I 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. (Sec. 42)

13. Confidentiality of Records and Proceedings

A. Confidentiality 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 conflict with the law
may have his/her 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 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.
(Sec. 43)

14. Rehabilitation and Reintegration

A. 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. 44)

B 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. 45)

C 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.

The rehabilitation, training or confinement area of children in conflict with the law shall provide a home
environment where children in conflict with the law can be provided with quality counseling and
treatment. (Sec. 46)

D 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. 47)

E. 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. 48)

F. Establishment of "Bahay Pag-Asa"

Each province and highly-urbanized city (the LGUS) shall be responsible for building, funding and
operating a "Bahay Pag-asa" within their jurisdiction following the standards that will be set by the
DSWD and adopted by the JJWC.

Every “Bahay Pag-asa" will have a special facility called the IJISC. This Center will be allocated for
children in conflict

with the law in accordance with Sections 20, 20-A and 20-B hereof. These children will be required to
undergo a more intensive multi-disciplinary intervention program. The JJWC in partnership with, but not
limited to, the DSWD, the DOH, the DepED and the DILG, will develop and set the standards for the
implementation of the multi-disciplinary intervention program of the IJISC. Upon institutionalization of
the IJISC program, the JJWC will continue to monitor and provide technical assistance to the multi-
disciplinary teams operating the said centers. (Sec. 49)

G. 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.

The LGUs expected expenditures on the local juvenile intervention program for children at risk and
children in conflict with the law shall be included in the LGUs annual budget. Highly-urbanized cities and
provincial governments should include a separate budget for the construction and maintenance of the
"Bahay Pag-asa" including the operation of the IJISC within the "Bahay Pag-asa". (Sec. 50)

H. 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. 51)

I 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. If the community-based
rehabilitation is availed of by a child in conflict with the law,

he/she shall be released to parents, guardians, relatives or any other responsible person in the
community. Under the supervision and guidance of the local social welfare and development officer, and
in coordination with his/her parents/guardian, the child in conflict with the law shall participate in
community-based programs, which shall include, but not limited to:

(1) Competency and life skills development;

(2) Socio-cultural and recreational activities;

(3) Community volunteer projects;

(4) Leadership training;

(5) Social services;

(6) Homelife services;

(7) Health services;

(8) Spiritual enrichment; and

(9) Community and family welfare services.

In accordance therewith, the family of the child in conflict with the law shall endeavor to actively
participate in the community-based rehabilitation.
Based on the progress of the youth in the community, development officer to the court for final
disposition of the a final report will be forwarded by the local social welfare and 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. 52)

J. 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. 53)

K. 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;

(b) Prevent separation of the child in conflict with the law from his/her parents/guardians to maintain
the support system fostered by their relationship and to create greater awareness of their mutual and
reciprocal responsibilities;

(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and encourage
community support and involvement; and

(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail detention.
(Sec. 54)

L. Criteria of Community-Based Programs

Every LGU shall establish community-based programs that will focus on the rehabilitation and
reintegration of the child. All programs shall meet the criteria to be established program, the need for
the consent of the child and his/her parents or legal guardians, and the participation of the child-
centered agencies whether public or private. (Sec. 55)

M. 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. (Sec. 56)
15. General Provisions

A. Exempting Provisions

1. Status Offenses

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. 57)

2. Violations of Local Ordinances

Ordinances enacted by local governments concerning juvenile status offenses such as, but not limited
to, curfew

violations, truancy, parental disobedience, anti-smoking and against public order or safety such as, but
not limited to, anti-drinking laws, as well as light offenses and misdemeanors disorderly conduct, public
scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling,
mendicancy, littering, public urination, and trespassing, shall be for the protection of children. No
penalty shall be imposed on children for said violations, and they shall instead be brought to their
residence or to any barangay official at the barangay hall to be released to the custody of their parents.
Appropriate intervention programs shall be provided for in such ordinances. The child shall also be
recorded as a "child at risk" and not as a "child in conflict with the law". The ordinance shall also provide
for intervention programs, such as counseling, attendance in group activities for children, and for the
parents, attendance in parenting education seminars. (Sec. 57-A)

3 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. 58)

4Exemption 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. (Sec. 59)

16. Prohibited Acts

A. 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 no discriminatory remarks and practices shall be allowed them in any manner
any other derogatory names. Likewise, particularly with respect to the child's class or ethnic origin. Sec6

C. 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;

(b) Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and
solitary confinement;

(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads,
pouring irritating, corrosive or harmful substances over the body of the child in conflict with the law, or
forcing him/ her to walk around the community wearing signs which embarrass, humiliate, and degrade
his/her personality and dignity, and (d) Compelling the child to perform involuntary servitude in any and
all forms under any and all instances. (Sec. 61)

17. Penal Provision

A. Violation of the Provisions of the Act or Rules or Regulations in General

Any person who violates any provision of the 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. (Sec. 62)
18. Appropriation Provision

A Appropriations

The amount necessary to carry out the provisions of this Act shall be charged against the current year's
appropriations of the JJWC under the budget of the Department of Justice. Thereafter, such sums as
may be necessary for the continued implementation of this Act shall be included in the budget of the
DSWD under the annual General Appropriations Act: Provided, That the amount of Four hundred million
pesos (P400,000,000.00) shall be appropriated for the construction of "Bahay Pag-asa" rehabilitation
centers in provinces or cities with high incidence of children in conflict with the law to be determined
and identified by the DSWD and the JJWC on a priority basis: Provided, further, That the said amount
shall be coursed through the Department of Public Works and Highways (DPWH) for its proper
implementation.

The LGUs concerned shall make available, from its own resources or assets, their counterpart share
equivalent to the national government contribution of Five million pesos (P5,000,000.00) per
rehabilitation center. In addition, the Council may accept donations, grants and contributions from
various sources, in cash or in kind, for purposes relevant to its functions, subject to the usual
government accounting and auditing rules and regulations. (Sec. 63)

19. Transitory Provisions

A. Children in Conflict with the Law Fifteen (15) Years Old and Below

Upon effectivity of thes 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 the 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. 64)

B Children Detained Pending Trial

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. If detention is
necessary and he/she is detained with adults, the court shall immediately order the transfer of the child
to a youth detention home. (Sec. 65)

C 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 the Act, an inventory of all children in conflict with the law under their custody.
(Sec. 66)

D 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. 67)

E. 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 the 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 the Act. They shall be entitled to
appropriate dispositions provided under the Act and their sentences shall be adjusted accordingly. They
shall be immediately released if they are so qualified under the Act or other applicable law. (Sec. 68)

20. Final Provisions A. Rule Making Power The JJWC shall issue the IRRs for the implementation of the
provisions of the Act within ninety (90) days from the effectivity thereof.

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