Second Regular Session standards of child protection, especially those to which the

Philippines is a party. Proceedings before any authority shall be

Begun and held in Metro Manila, on Monday, the twenty-fifth day conducted in the best interest of the child and in a manner which
of July, two thousand five. allows the child to participate and to express himself/herself
freely. The participation of children in the program and policy
REPUBLIC ACT No. 9344 formulation and implementation related to juvenile justice and
welfare shall be ensured by the concerned government agency.
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE
AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND (c) The State likewise recognizes the right of children to assistance,
WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, including proper care and nutrition, and special protection from all
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES forms of neglect, abuse, cruelty and exploitation, and other
conditions prejudicial to their development.
Be it enacted by the Senate and House of Representatives of the
Philippine Congress Assembled: (d) Pursuant to Article 40 of the United Nations Convention on the
Rights of the Child, the State recognizes the right of every child
TITLE I alleged as, accused of, adjudged, or recognized as having infringed
the penal law to be treated in a manner consistent with the
GOVERNING PRINCIPLES promotion of the child's sense of dignity and worth, taking into
account the child's age and desirability of promoting his/her
CHAPTER 1 reintegration. Whenever appropriate and desirable, the State shall
TITLE, POLICY AND DEFINITION OF TERMS adopt measures for dealing with such children without resorting to
judicial proceedings, providing that human rights and legal
Section 1. Short Title and Scope. - This Act shall be known as the safeguards are fully respected. It shall ensure that children are dealt
"Juvenile Justice and Welfare Act of 2006." It shall cover the with in a manner appropriate to their well-being by providing for,
different stages involving children at risk and children in conflict among others, a variety of disposition measures such as care,
with the law from prevention to rehabilitation and reintegration. guidance and supervision orders, counseling, probation, foster care,
education and vocational training programs and other alternatives
SEC. 2. Declaration of State Policy. - The following State policies to institutional care.
shall be observed at all times:
(e) The administration of the juvenile justice and welfare system
(a) The State recognizes the vital role of children and youth in shall take into consideration the cultural and religious perspectives
nation building and shall promote and protect their physical, of the Filipino people, particularly the indigenous peoples and the
moral, spiritual, intellectual and social well-being. It shall Muslims, consistent with the protection of the rights of children
inculcate in the youth patriotism and nationalism, and encourage belonging to these communities.
their involvement in public and civic affairs.
(f) The State shall apply the principles of restorative justice in all its
(b) The State shall protect the best interests of the child through laws, policies and programs applicable to children in conflict with
measures that will ensure the observance of international the law.

SEC. 3. Liberal Construction of this Act. - In case of doubt, the

interpretation of any of the provisions of this Act, including its
implementing rules and regulations (IRRs), shall be construed (7) being a member of a gang;
liberally in favor of the child in conflict with the law.
(8) living in a community with a high level of criminality or drug
SEC. 4. Definition of Terms. - The following terms as used in this Act abuse; and
shall be defined as follows:
(9) living in situations of armed conflict.
(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 (e) "Child in Conflict with the Law" refers to a child who is alleged
guarantee his/her appearance before any court. Bail may be given as, accused of, or adjudged as, having committed an offense under
in the form of corporate security, property bond, cash deposit, or Philippine laws.
recognizance.
(f) "Community-based Programs" refers to the programs provided in
(b) "Best Interest of the Child" refers to the totality of the a community setting developed for purposes of intervention and
circumstances and conditions which are most congenial to the diversion, as well as rehabilitation of the child in conflict with the
survival, protection and feelings of security of the child and most law, for reintegration into his/her family and/or community.
encouraging to the child's physical, psychological and emotional
development. It also means the least detrimental available (g) "Court" refers to a family court or, in places where there are no
alternative for safeguarding the growth and development of the family courts, any regional trial court.
child.
(h) "Deprivation of Liberty" refers to any form of detention or
(e) "Child" refers to a person under the age of eighteen (18) years. 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
(d) "Child at Risk" refers to a child who is vulnerable to and at the conflict with the law is not permitted to leave at will by order of any
risk of committing criminal offenses because of personal, family and judicial or administrative authority.
social circumstances, such as, but not limited to, the following:
(i) "Diversion" refers to an alternative, child-appropriate process of
(1) being abused by any person through sexual, physical, determining the responsibility and treatment of a child in conflict
psychological, mental, economic or any other means and the with the law on the basis of his/her social, cultural, economic,
parents or guardian refuse, are unwilling, or unable to provide psychological or educational background without resorting to
protection for the child; formal court proceedings.

(2) being exploited including sexually or economically; (j) "Diversion Program" refers to the program that the child in
conflict with the law is required to undergo after he/she is found
(3) being abandoned or neglected, and after diligent search and responsible for an offense without resorting to formal court
inquiry, the parent or guardian cannot be found; proceedings.
(4) coming from a dysfunctional or broken family or without a (k) "Initial Contact With-the Child" refers to the apprehension or
parent or guardian; taking into custody of a child in conflict with the law by law
enforcement officers or private citizens. It includes the time when
(5) being out of school; 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
(6) being a streetchild; 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 (s) "Youth Detention Home" refers to a 24-hour child-caring
conflict with the law under immediate custody. institution managed by accredited local government units (LGUs)
and licensed and/or accredited nongovernment organizations
(I) "Intervention" refers to a series of activities which are designed (NGOs) providing short-term residential care for children in conflict
to address issues that caused the child to commit an offense. It may with the law who are awaiting court disposition of their cases or
take the form of an individualized treatment program which may transfer to other agencies or jurisdiction.
include counseling, skills training, education, and other activities
that will enhance his/her psychological, emotional and psycho- (t) "Youth Rehabilitation Center" refers to a 24-hour residential care
social well-being. facility managed by the Department of Social Welfare and
Development (DSWD), LGUs, licensed and/or accredited NGOs
(m) "Juvenile Justice and Welfare System" refers to a system dealing monitored by the DSWD, which provides care, treatment and
with children at risk and children in conflict with the law, which rehabilitation services for children in conflict with the law.
provides child-appropriate proceedings, including programs and Rehabilitation services are provided under the guidance of a trained
services for prevention, diversion, rehabilitation, re-integration and staff where residents are cared for under a structured therapeutic
aftercare to ensure their normal growth and development. environment with the end view of reintegrating them into their
families and communities as socially functioning individuals.
(n) "Law Enforcement Officer" refers to the person in authority or Physical mobility of residents of said centers may be restricted
his/her agent as defined in Article 152 of the Revised Penal Code, pending court disposition of the charges against them.
including a barangay tanod.
(u) "Victimless Crimes" refers to offenses where there is no private
(0) "Offense" refers to any act or omission whether punishable offended party.
under special laws or the Revised Penal Code, as amended.
CHAPTER 2
(p) "Recognizance" refers to an undertaking in lieu of a bond
assumed by a parent or custodian who shall be responsible for the PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND
appearance in court of the child in conflict with the law, when WELFARE
required.
SEC. 5. Rights of the Child in Conflict with the Law. - Every child in
(q) "Restorative Justice" refers to a principle which requires a conflict with the law shall have the following rights, including but
process of resolving conflicts with the maximum involvement of the not limited to:
victim, the offender and the community. It seeks to obtain
reparation for the victim; reconciliation of the offender, the (a) the right not to be subjected to torture or other cruel, inhuman
offended and the community; and reassurance to the offender that or degrading treatment or punishment;
he/she can be reintegrated into society. It also enhances public
safety by activating the offender, the victim and the community in (b) the right not to be imposed a sentence of capital punishment or
prevention strategies. life imprisonment, without the possibility of release;

(r) "Status Offenses" refers to offenses which discriminate only (c) the right not to be deprived, unlawfully or arbitrarily, of his/her
against a child, while an adult does not suffer any penalty for liberty; detention or imprisonment being a disposition of last resort,
committing similar acts. These shall include curfew violations; and which shall be for the shortest appropriate period of time;
truancy, parental disobedience and the like.
(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 (o) other rights as provided for under existing laws, rules and
deprived of liberty shall be separated from adult offenders at all regulations. The State further adopts the provisions of the United
times. No child shall be detained together with adult offenders. Nations Standard Minimum Rules for the Administration of Juvenile
He/She shall be conveyed separately to or from court. He/She shall Justice or "Beijing Rules", United Nations Guidelines for the
await hearing of his/her own case in a separate holding area. A child Prevention of Juvenile Delinquency or the "Riyadh Guidelines", and
in conflict with the law shall have the right to maintain contact with the United Nations Rules for the Protection of Juveniles Deprived of
his/her family through correspondence and visits, save in Liberty.
exceptional circumstances;
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15)
(e) the right to prompt access to legal and other appropriate years of age or under at the time of the commission of the offense
assistance, as well as the right to challenge the legality of the shall be exempt from criminal liability. However, the child shall be
deprivation of his/her liberty before a court or other competent, subjected to an intervention program pursuant to Section 20 of this
independent and impartial authority, and to a prompt decision on Act.
such action;
A child above fifteen (15) years but below eighteen (18) years of age
(f) the right to bail and recognizance, in appropriate cases; shall likewise be exempt from criminal liability and be subjected to
an intervention program, unless he/she has acted with discernment,
(g) the right to testify as a witness in hid/her own behalf under the in which case, such child shall be subjected to the appropriate
rule on examination of a child witness; proceedings in accordance with this Act.
(h) the right to have his/her privacy respected fully at all stages of The exemption from criminal liability herein established does not
the proceedings; include exemption from civil liability, which shall be enforced in
accordance with existing laws.
(i) the right to diversion if he/she is qualified and voluntarily avails
of the same; SEC. 7. Determination ofAge. - The child in conflict with the law shall
enjoy the presumption of minority. He/She shall enjoy all the rights
(j) the right to be imposed a judgment in proportion to the gravity of of a child in conflict with the law until he/she is proven to be
the offense where his/her best interest, the rights of the victim and eighteen (18) years old or older. The age of a child may be
the needs of society are all taken into consideration by the court, determined from the child's birth certificate, baptismal certificate or
under the principle of restorative justice; any other pertinent documents. In the absence of these documents,
age may be based on information from the child himself/herself,
(k) the right to have restrictions on his/her personal liberty limited testimonies of other persons, the physical appearance of the child
to the minimum, and where discretion is given by law to the judge and other relevant evidence. In case of doubt as to the age of the
to determine whether to impose fine or imprisonment, the child, it shall be resolved in his/her favor.
imposition of fine being preferred as the more appropriate penalty;
Any person contesting the age of the child in conflict with the law
(I) in general, the right to automatic suspension of sentence; prior to the filing of the information in any appropriate court may
file a case in a summary proceeding for the determination of age
(m) the right to probation as an alternative to imprisonment, if before the Family Court which shall decide the case within twenty-
qualified under the Probation Law; four (24) hours from receipt of the appropriate pleadings of all
interested parties.
(n) the right to be free from liability for perjury, concealment
misrepresentation; and
If a case has been fiied against the child in conflict with the law and (k) Technical Education and Skills Development Authority (TESDA);
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 (l) National Youth Commission (NYC); and
pending. Pending hearing on the said motion, proceedings on the
main case shall be suspended. (m) Other institutions focused on juvenile justice and intervention
programs.
In all proceedings, law enforcement officers, prosecutors, judges
and other government officials concerned shall exert all efforts at The JJWC shall be composed of representatives, whose ranks shall
determining the age of the child in conflict with the law. not be lower than director, to be designated by the concerned
heads of the following departments or agencies:
TITLE II
(a) Department of Justice (DOJ);
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND
WELFARE (b) Department of Social Welfare and Development (DSWD);

SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile (c) Council for the Welfare of Children (CWC)
Justice and Welfare Council (JJWC) is hereby created and attached
to the Department of Justice and placed under its administrative (d) Department of Education (DepEd);
supervision. The JJWC shall be chaired by an undersecretary of the
Department of Social Welfare and Development. It shall ensure the (e) Department of the Interior and Local Government (DILG)
effective implementation of this Act and coordination among the
following agencies: (f) Commission on Human Rights (CHR);

(a) Council for the Welfare of Children (CWC); (g) National Youth Commission (NYC); and

(b) Department of Education (DepEd); (h) Two (2) representatives from NGOs, one to be designated by the
Secretary of Justice and the other to be designated by the Secretary
(c) Department of the Interior and Local Government (DILG); of Social Welfare and Development.

(d) Public Attorney's Office (PAO); The JJWC shall convene within fifteen (15) days from the effectivity
of this Act. The Secretary of Justice and the Secretary of Social
(e) Bureau of Corrections (BUCOR); Welfare and Development shall determine the organizational
structure and staffing pattern of the JJWC.
(f) Parole and Probation Administration (PPA)
The JJWC shall coordinate with the Office of the Court Administrator
(g) National Bureau of Investigation (NBI); and the Philippine Judicial Academy to ensure the realization of its
mandate and the proper discharge of its duties and functions, as
(h) Philippine National Police (PNP);. herein provided.

(i) Bureau of Jail Management and Penology (BJMP); SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the
following duties and functions:
(i) Commission on Human Rights (CHR);
(a) To oversee the implementation of this Act;
(b) To advise the President on all matters and policies relating to (h) Through duly designated persons and with the assistance of the
juvenile justice and welfare; agencies provided in the preceding section, to conduct regular
inspections in detention and rehabilitation facilities and to
(c) To assist the concerned agencies in the review and redrafting of undertake spot inspections on their own initiative in order to check
existing policies/regulations or in the formulation of new ones in compliance with the standards provided herein and to make the
line with the provisions of this Act; necessary recommendations to appropriate agencies;
(d) To periodically develop a comprehensive 3 to 5-year national (i) To initiate and coordinate the conduct of trainings for the
juvenile intervention program, with the participation of government personnel of the agencies involved in the administration of the
agencies concerned, NGOs and youth organizations; juvenile justice and welfare system and the juvenile intervention
program;
(e) To coordinate the implementation of the juvenile intervention
programs and activities by national government agencies and other (j) To submit an annual report to the President on the
activities which may have an important bearing on the success of implementation of this Act; and
the entire national juvenile intervention program. All programs
relating to juvenile justice and welfare shall be adopted in (k) To perform such other functions as may be necessary to
consultation with the JJWC; implement the provisions of this Act.
(f) To formulate and recommend policies and strategies in SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. -
consultation with children for the prevention of juvenile All government agencies enumerated in Section 8 shall, with the
delinquency and the administration of justice, as well as for the assistance of the JJWC and within one (1) year from the effectivity
treatment and rehabilitation of the children in conflict with the law; of this Act, draft policies and procedures consistent with the
standards set in the law. These policies and procedures shall be
(g) To collect relevant information and conduct continuing research modified accordingly in consultation with the JJWC upon the
and support evaluations and studies on all matters relating to completion of the national juvenile intervention program as
juvenile justice and welfare, such as but not limited to: provided under Section 9 (d).
(1) the performance and results achieved by juvenile intervention SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center
programs and by activities of the local government units and other of the Commission on Human Rights shall ensure that the status,
government agencies; rights and interests of children are upheld in accordance with the
Constitution and international instruments on human rights. The
(2) the periodic trends, problems and causes of juvenile delinquency CHR shall strengthen the monitoring of government compliance of
and crimes; and all treaty obligations, including the timely and regular submission of
reports before the treaty bodies, as well as the implementation and
(3) the particular needs of children in conflict with the law in dissemination of recommendations and conclusions by government
custody. agencies as well as NGOs and civil society.
The data gathered shall be used by the JJWC in the improvement of TITLE III
the administration of juvenile justice and welfare system.
PREVENTION OF JUVENILE DELINQUENCY
The JJWC shall set up a mechanism to ensure that children are
involved in research and policy development. CHAPTER 1
 THE ROLE OF THE DIFFERENT SECTORS comprehensive plan on delinquency prevention, and to oversee its
proper implementation.
SEC. 12. The Family. - The family shall be responsible for the primary
nurturing and rearing of children which is critical in delinquency One percent (1%) of the internal revenue allotment of barangays,
prevention. As far as practicable and in accordance with the municipalities and cities shall be allocated for the strengthening and
procedures of this Act, a child in conflict with the law shall be implementation of the programs of the LCPC: Provided, That the
maintained in his/her family. disbursement of the fund shall be made by the LGU concerned.
SEC. 13. The Educational System. - Educational institutions shall SEC. 16. Appointment of Local Social Welfare and Development
work together with families, community organizations and agencies Officer. - All LGUs shall appoint a duly licensed social worker as its
in the prevention of juvenile delinquency and in the rehabilitation local social welfare and development officer tasked to assist
and reintegration of child in conflict with the law. Schools shall children in conflict with the law.
provide adequate, necessary and individualized educational
schemes for children manifesting difficult behavior and children in SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan
conflict with the law. In cases where children in conflict with the law (SK) shall coordinate with the LCPC in the formulation and
are taken into custody or detained in rehabilitation centers, they implementation of juvenile intervention and diversion programs in
should be provided the opportunity to continue learning under an the community.
alternative learning system with basic literacy program or non-
formal education accreditation equivalency system. CHAPTER 2

SEC. 14. The Role of the Mass Media. - The mass media shall play an COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
active role in the promotion of child rights, and delinquency
prevention by relaying consistent messages through a balanced SEC. 18. Development of a Comprehensive Juvenile Intervention
approach. Media practitioners shall, therefore, have the duty to Program. - A Comprehensive juvenile intervention program covering
maintain the highest critical and professional standards in reporting at least a 3-year period shall be instituted in LGUs from the
and covering cases of children in conflict with the law. In all publicity barangay to the provincial level.
concerning children, the best interest of the child should be the
primordial and paramount concern. Any undue, inappropriate and The LGUs shall set aside an amount necessary to implement their
sensationalized publicity of any case involving a child in conflict with respective juvenile intervention programs in their annual budget.
the law is hereby declared a violation of the child's rights.
The LGUs, in coordination with the LCPC, shall call on all sectors
SEC. 15. Establishment and Strengthening of Local Councils for the concerned, particularly the child-focused institutions, NGOs,
Protection of Children. - Local Councils for the Protection of people's organizations, educational institutions and government
Children (LCPC) shall be established in all levels of local government, agencies involved in delinquency prevention to participate in the
and where they have already been established, they shall be planning process and implementation of juvenile intervention
strengthened within one (1) year from the effectivity of this Act. programs. Such programs shall be implemented consistent with the
Membership in the LCPC shall be chosen from among the national program formulated and designed by the JJWC. The
responsible members of the community, including a representative implementation of the comprehensive juvenile intervention
from the youth sector, as well as representatives from government program shall be reviewed and assessed annually by the LGUs in
and private agencies concerned with the welfare of children. coordination with the LCPC. Results of the assessment shall be
submitted by the provincial and city governments to the JJWC not
The local council shall serve as the primary agency to coordinate later than March 30 of every year.
with and assist the LGU concerned for the adoption of a
SEC. 19. Community-based Programs on Juvenile Justice and program, the proper petition for involuntary commitment shall be
Welfare. - Community-based programs on juvenile justice and filed by the DSWD or the Local Social Welfare and Development
welfare shall be instituted by the LGUs through the LCPC, school, Office pursuant to Presidential Decree No. 603, otherwise ,known as
youth organizations and other concerned agencies. The LGUs shall "The Child and Youth Welfare Code".
provide community-based services which respond to the special
needs, problems, interests and concerns of children and which offer TITLE V
appropriate counseling and guidance to them and their families.
These programs shall consist of three levels: JUVENILE JUSTICE AND WELFARE SYSTEM

(a) Primary intervention includes general measures to promote CHAPTER I

social justice and equal opportunity, which tackle perceived root
causes of offending; INITIAL CONTACT WITH THE CHILD

(b) Secondary intervention includes measures to assist children at

risk; and
SEC. 21. Procedure for Taking the Child into Custody. - From the
(c) Tertiary intervention includes measures to avoid unnecessary moment a child is taken into custody, the law enforcement officer
contact with the formal justice system and other measures to shall:
prevent re-offending.
(a) Explain to the child in simple language and in a dialect that
TITLE IV he/she can understand why he/she is being placed under custody
and the offense that he/she allegedly committed;
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL
RESPONSIBILITY (b) Inform the child of the reason for such custody and advise the
child of his/her constitutional rights in a language or dialect
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has understood by him/her;
been determined that the child taken into custody is fifteen (15)
years old or below, the authority which will have an initial contact (e) Properly identify himself/herself and present proper
with the child has the duty to immediately release the child to the identification to the child;
custody of his/her parents or guardian, or in the absence thereof,
the child's nearest relative. Said authority shall give notice to the (d) Refrain from using vulgar or profane words and from sexually
local social welfare and development officer who will determine the harassing or abusing, or making sexual advances on the child in
appropriate programs in consultation with the child and to the conflict with the law;
person having custody over the child. If the parents, guardians or
nearest relatives cannot be located, or if they refuse to take (e) Avoid displaying or using any firearm, weapon, handcuffs or
custody, the child may be released to any of the following: a duly other instruments of force or restraint, unless absolutely necessary
registered nongovernmental or religious organization; a barangay and only after all other methods of control have been exhausted
official or a member of the Barangay Council for the Protection of and have failed;
Children (BCPC); a local social welfare and development officer; or (f) Refrain from subjecting the child in conflict with the law to
when and where appropriate, the DSWD. If the child referred to greater restraint than is necessary for his/her apprehension;
herein has been found by the Local Social Welfare and Development
Office to be abandoned, neglected or abused by his parents, or in (g) Avoid violence or unnecessary force;
the event that the parents will not comply with the prevention
(h) Determine the age of the child pursuant to Section 7 of this Act; SEC. 22. Duties During Initial Investigation. - The law enforcement
officer shall, in his/her investigation, determine where the case
(i) Immediately but not later than eight (8) hours after involving the child in conflict with the law should be referred.
apprehension, turn over custody of the child to the Social Welfare
and Development Office or other accredited NGOs, and notify the The taking of the statement of the child shall be conducted in the
child's apprehension. The social welfare and development officer presence of the following: (1) child's counsel of choice or in the
shall explain to the child and the child's parents/guardians the absence thereof, a lawyer from the Public Attorney's Office; (2) the
consequences of the child's act with a view towards counseling and child's parents, guardian, or nearest relative, as the case may be;
rehabilitation, diversion from the criminal justice system, and and (3) the local social welfare and development officer. In the
reparation, if appropriate; absence of the child's parents, guardian, or nearest relative, and the
local social welfare and development officer, the investigation shall
(j) Take the child immediately to the proper medical and health be conducted in the presence of a representative of an NGO,
officer for a thorough physical and mental examination. The religious group, or member of the BCPC.
examination results shall be kept confidential unless otherwise
ordered by the Family Court. Whenever the medical treatment is After the initial investigation, the local social worker conducting the
required, steps shall be immediately undertaken to provide the same may do either of the following:
same;
(a) Proceed in accordance with Section 20 if the child is fifteen (15)
(k) Ensure that should detention of the child in conflict with the law years or below or above fifteen (15) but below eighteen (18) years
be necessary, the child shall be secured in quarters separate from old, who acted without discernment; and
that of the opposite sex and adult offenders;
(b) If the child is above fifteen (15) years old but below eighteen
(l) Record the following in the initial investigation: (18) and who acted with discernment, proceed to diversion under
the following chapter.
1. Whether handcuffs or other instruments of restraint were used,
and if so, the reason for such; CHAPTER 2
2. That the parents or guardian of a child, the DSWD, and the PA0 DIVERSION
have been informed of the apprehension and the details thereof;
and SEC. 23. System of Diversion. - Children in conflict with the law shall
undergo diversion programs without undergoing court proceedings
3. The exhaustion of measures to determine the age of a child and subject to the conditions herein provided:
the precise details of the physical and medical examination or the
failure to submit a child to such examination; and (a) Where the imposable penalty for the crime committee is not
more than six (6) years imprisonment, the law enforcement officer
(m) Ensure that all statements signed by the child during or Punong Barangay with the assistance of the local social welfare
investigation shall be witnessed by the child's parents or guardian, and development officer or other members of the LCPC shall
social worker, or legal counsel in attendance who shall affix his/her conduct mediation, family conferencing and conciliation and, where
signature to the said statement. appropriate, adopt indigenous modes of conflict resolution in
accordance with the best interest of the child with a view to
A child in conflict with the law shall only be searched by a law accomplishing the objectives of restorative justice and the
enforcement officer of the same gender and shall not be locked up formulation of a diversion program. The child and his/her family
in a detention cell. shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more officer, shall give the offended party the option to institute the
than six (6) years imprisonment, the local social welfare and appropriate legal action.
development officer shall meet with the child and his/her parents or
guardians for the development of the appropriate diversion and The period of prescription of the offense shall be suspended during
rehabilitation program, in coordination with the BCPC; the effectivity of the diversion program, but not exceeding a period
of two (2) years.
(c) Where the imposable penalty for the crime committed exceeds
six (6) years imprisonment, diversion measures may be resorted to SEC. 27. Duty of the Punong Barangay When There is No Diversion. -
only by the court. 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,
SEC. 24. Stages Where Diversion May be Conducted. - Diversion the Punong Barangay handling the case shall, within three (3) days
may be conducted at the Katarungang Pambarangay, the police from determination of the absence of jurisdiction over the case or
investigation or the inquest or preliminary investigation stage and at termination of the diversion proceedings, as the case may be,
all 1evels and phases of the proceedings including judicial level. forward the records of the case of the child to the law enforcement
officer, prosecutor or the appropriate court, as the case may be.
SEC. 25. Conferencing, Mediation and Conciliation. - A child in Upon the issuance of the corresponding document, certifying to the
conflict with law may undergo conferencing, mediation or fact that no agreement has been reached by the parties, the case
conciliation outside the criminal justice system or prior to his entry shall be filed according to the regular process.
into said system. A contract of diversion may be entered into during
such conferencing, mediation or conciliation proceedings. SEC. 28. Duty of the Law Enforcement Officer When There is No
Diversion. - If the offense does not fall under Section 23(a) and (b),
SEC. 26. Contract of Diversion. - If during the conferencing, or if the child, his/her parents or guardian does not consent to a
mediation or conciliation, the child voluntarily admits the diversion, the Women and Children Protection Desk of the PNP, or
commission of the act, a diversion program shall be developed other law enforcement officer handling the case of the child under
when appropriate and desirable as determined under Section 30. custody, to the prosecutor or judge concerned for the conduct of
Such admission shall not be used against the child in any inquest and/or preliminary investigation to determine whether or
subsequent judicial, quasi-judicial or administrative proceedings. not the child should remain under custody and correspondingly
The diversion program shall be effective and binding if accepted by charged in court. The document transmitting said records shall
the parties concerned. The acceptance shall be in writing and signed display the word "CHILD" in bold letters.
by the parties concerned and the appropriate authorities. The local
social welfare and development officer shall supervise the SEC. 29. Factors in Determining Diversion Program. - In determining
implementation of the diversion program. The diversion whether diversion is appropriate and desirable, the following
proceedings shall be completed within forty-five (45) days. The factors shall be taken into consideration:
period of prescription of the offense shall be suspended until the
completion of the diversion proceedings but not to exceed forty-five (a) The nature and circumstances of the offense charged;
(45) days.
(b) The frequency and the severity of the act;
The child shall present himself/herself to the competent authorities
that imposed the diversion program at least once a month for (c) The circumstances of the child (e.g. age, maturity, intelligence,
reporting and evaluation of the effectiveness of the program. etc.);

Failure to comply with the terms and conditions of the contract of (d) The influence of the family and environment on the growth of
diversion, as certified by the local social welfare and development the child;
(e) The reparation of injury to the victim; (5) Care, guidance and supervision orders;
(f) The weight of the evidence against the child; (6) Counseling for the child in conflict with the law and the child's
family;
(g) The safety of the community; and
(7)Attendance in trainings, seminars and lectures on:
(h) The best interest of the child.
(i) anger management skills;
SEC. 30. Formulation of the Diversion Program. - In formulating a
diversion program, the individual characteristics and the peculiar (ii) problem solving and/or conflict resolution skills;
circumstances of the child in conflict with the law shall be used to
formulate an individualized treatment. (iii) values formation; and

The following factors shall be considered in formulating a diversion (iv) other skills which will aid the child in dealing with situations
program for the child: which can lead to repetition of the offense;

(a) The child's feelings of remorse for the offense he/she (8) Participation in available community-based programs, including
committed; community service; or

(b) The parents' or legal guardians' ability to guide and supervise the (9) Participation in education, vocation and life skills programs.
child;
(b) At the level of the law enforcement officer and the prosecutor:
(c) The victim's view about the propriety of the measures to be
imposed; and (1) Diversion programs specified under paragraphs (a)(1) to (a)(9)
herein; and
(d) The availability of community-based programs for rehabilitation
and reintegration of the child. (2) Confiscation and forfeiture of the proceeds or instruments of the
crime;
SEC. 31. Kinds of Diversion Programs. - The diversion program shall
include adequate socio-cultural and psychological responses and (c) At the level of the appropriate court:
services for the child. At the different stages where diversion may
be resorted to, the following diversion programs may be agreed (1) Diversion programs specified under paragraphs(a)and (b) above;
upon, such as, but not limited to:
(2) Written or oral reprimand or citation;
(a) At the level of the Punong Barangay:
(3) Fine:
(1) Restitution of property;
(4) Payment of the cost of the proceedings; or
(2) Reparation of the damage caused;
(5) Institutional care and custody.
(3) Indemnification for consequential damages;
CHAPTER 3
(4) Written or oral apology;
PROSECUTION
SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially (c) the transfer of the minor to a youth detention home/youth
trained prosecutor to conduct inquest, preliminary investigation and rehabilitation center.
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 The court shall not order the detention of a child in a jail pending
with the law during arrest or detention, it shall be the duty of the trial or hearing of his/her case.
prosecutor to investigate the same.
SEC. 36. Detention of the Child Pending Trial. - Children detained
SEC. 33. Preliminary Investigation and Filing of Information. - The pending trial may be released on bail or recognizance as provided
prosecutor shall conduct a preliminary investigation in the following for under Sections 34 and 35 under this Act. In all other cases and
instances: (a) when the child in conflict with the law does not whenever possible, detention pending trial may be replaced by
qualify for diversion: (b) when the child, his/her parents or guardian alternative measures, such as close supervision, intensive care or
does not agree to diversion as specified in Sections 27 and 28; and placement with a family or in an educational setting or home.
(c) when considering the assessment and recommendation of the Institutionalization or detention of the child pending trial shall be
social worker, the prosecutor determines that diversion is not used only as a measure of last resort and for the shortest possible
appropriate for the child in conflict with the law. period of time.

Upon serving the subpoena and the affidavit of complaint, the Whenever detention is necessary, a child will always be detained in
prosecutor shall notify the Public Attorney's Office of such service, youth detention homes established by local governments, pursuant
as well as the personal information, and place of detention of the to Section 8 of the Family Courts Act, in the city or municipality
child in conflict with the law. where the child resides.

Upon determination of probable cause by the prosecutor, the In the absence of a youth detention home, the child in conflict with
information against the child shall be filed before the Family Court the law may be committed to the care of the DSWD or a local
within forty-five (45) days from the start of the preliminary rehabilitation center recognized by the government in the province,
investigation. city or municipality within the jurisdiction of the court. The center
or agency concerned shall be responsible for the child's appearance
CHAPTER 4 in court whenever required.
COURT PROCEEDINGS SEC. 37. Diversion Measures. - Where the maximum penalty
imposed by law for the offense with which the child in conflict with
SEC. 34. Bail. - For purposes of recommending the amount of bail, the law is charged is imprisonment of not more than twelve (12)
the privileged mitigating circumstance of minority shall be years, regardless of the fine or fine alone regardless of the amount,
considered. and before arraignment of the child in conflict with the law, the
court shall determine whether or not diversion is appropriate.k
SEC. 35. Release on Recognizance. - Where a child is detained, the
court shall order: SEC. 38. Automatic Suspension of Sentence. - Once the child who is
under eighteen (18) years of age at the time of the commission of
(a) the release of the minor on recognizance to his/her parents and the offense is found guilty of the offense charged, the court shall
other suitable person; determine and ascertain any civil liability which may have resulted
from the offense committed. However, instead of pronouncing the
(b) the release of the child in conflict with the law on bail; or 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 Presidential Decree No. 968, otherwise known as the "Probation
age or more at the time of the pronouncement of his/her guilt. Law of 1976", is hereby amended accordingly.
Upon suspension of sentence and after considering the various CHAPTER 5
chcumstances of the child, the court shall impose the appropriate
disposition measures as provided in the Supreme Court Rule on CONFIDENTIALITY OF RECORDS AND PROCEEDINGS
Juveniles in Conflict with the Law.
SEC. 43. Confedentiality of Records and Proceedings. - All records
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the and proceedings involving children in conflict with the law from
recommendation of the social worker who has custody of the child, initial contact until final disposition of the case shall be considered
the court shall dismiss the case against the child whose sentence privileged and confidential. The public shall be excluded during the
has been suspended and against whom disposition measures have proceedings and the records shall not be disclosed directly or
been issued, and shall order the final discharge of the child if it finds indirectly to anyone by any of the parties or the participants in the
that the objective of the disposition measures have been fulfilled. proceedings for any purpose whatsoever, except to determine if the
child in conflict with the law may have his/hes sentence suspended
The discharge of the child in conflict with the law shall not affect the or if he/she may be granted probation under the Probation Law, or
civil liability resulting from the commission of the offense, which to enforce the civil liability imposed in the criminal action.
shall be enforced in accordance with law.
The component authorities shall undertake all measures to protect
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the this confidentiality of proceedings, including non-disclosure of
court finds that the objective of the disposition measures imposed records to the media, maintaining a separate police blotter for cases
upon the child in conflict with the law have not been fulfilled, or if involving children in conflict with the law and adopting a system of
the child in conflict with the law has willfully failed to comply with coding to conceal material information which will lead to the child's
the conditions of his/her disposition or rehabilitation program, the identity. Records of a child in conflict with the law shall not be used
child in conflict with the law shall be brought before the court for in subsequent proceedings for cases involving the same offender as
execution of judgment. an adult, except when beneficial for the offender and upon his/her
written consent.
If said child in conflict with the law has reached eighteen (18) years
of age while under suspended sentence, the court shall determine A person who has been in conflict with the law as a child shall not
whether to discharge the child in accordance with this Act, to order be held under any provision of law, to be guilty of perjury or of
execution of sentence, or to extend the suspended sentence for a concealment or misrepresentation by reason of his/her failure to
certain specified period or until the child reaches the maximum age acknowledge the case or recite any fact related thereto in response
of twenty-one (21) years. to any inquiry made to him/her for any purpose.
SEC. 41. Credit in Service of Sentence. - The child in conflict with the TITLE VI
law shall be credited in the services of his/her sentence with the full
time spent in actual commitment and detention under this Act. REHABILITATION AND REINTEGRATION

SEC. 42. Probation as an Alternative to Imprisonment. - The court SEC. 44. Objective of Rehabilitation and Reintegration. - The
may, after it shall have convicted and sentenced a child in conflict objective of rehabilitation and reintegration of children in conflict
with the law, and upon application at any time, place the child on with the law is to provide them with interventions, approaches and
probation in lieu of service of his/her sentence taking into account strategies that will enable them to improve their social functioning
the best interest of the child. For this purpose, Section 4 of
with the end goal of reintegration to their families and as productive cannot pay all or part of said expenses, the municipality where the
members of their communities. offense was committed shall pay one-third (1/3) of said expenses or
part thereof; the province to which the municipality belongs shall
SEC. 45. Court Order Required. - No child shall be received in any pay one-third (1/3) and the remaining one-third (1/3) shall be borne
rehabilitation or training facility without a valid order issued by the by the national government. Chartered cities shall pay two-thirds
court after a hearing for the purpose. The details of this order shall (2/3) of said expenses; and in case a chartered city cannot pay said
be immediately entered in a register exclusively for children in expenses, part of the internal revenue allotments applicable to the
conflict with the law. No child shall be admitted in any facility where unpaid portion shall be withheld and applied to the settlement of
there is no such register. 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
SEC. 46, Separate Facilities from Adults. - In all rehabilitation or the offense was committed, the court, upon its determination, may
training facilities, it shall be mandatory that children shall be require the city/municipality where the child in conflict with the law
separated from adults unless they are members of the same family. resides to shoulder the cost.
Under no other circumstance shall a child in conflict with the law be
placed in the same confinement as adults. All city and provincial governments must exert effort for the
immediate establishment of local detention homes for children in
The rehabilitation, training or confinement area of children in conflict with the law.
conflict with the law shall provide a home environment where
children in conflict with the law can be provided with quality SEC. 51. Confinement of Convicted Children in Agricultural Camps
counseling and treatment. and other Training Facilities. - A child
SEC. 47. Female Children. - Female children in conflict with the law in conflict with the law may, after conviction and upon order of the
placed in an institution shall be given special attention as to their court, be made to serve his/her sentence, in lieu of confinement in
personal needs and problems. They shall be handled by female a regular penal institution, in an agricultural camp and other
doctors, correction officers and social workers, and shall be training facilities that may be established, maintained, supervised
accommodated separately from male children in conflict with the and controlled by the BUCOR, in coordination with the DSWD.
law.
SEC. 52. Rehabilitation of Children in Conflict with the Law. -
SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation Children in conflict with the law, whose sentences are suspended
and training facilities shall handle children in conflict with the law may, upon order of the court, undergo any or a combination of
without having undergone gender sensitivity training. disposition measures best suited to the rehabilitation and welfare of
the child as provided in the Supreme Court Rule on Juveniles in
SEC. 49. Establishment of Youth Detention Homes. - The LGUs shall Conflict with the Law.
set aside an amount to build youth detention homes as mandated
by the Family Courts Act. Youth detention homes may also be If the community-based rehabilitation is availed of by a child in
established by private and NGOs licensed and accredited by the conflict with the law, he/she shall be released to parents, guardians,
DSWD, in consultation with the JJWC. relatives or any other responsible person in the community. Under
the supervision and guidance of the local social welfare and
SEC. 50. Care and Maintenance of the Child in Conflict with the Law. development officer, and in coordination with his/her
- The expenses for the care and maintenance of a child in conflict parents/guardian, the child in conflict with the law shall participate
with the law under institutional care shall be borne by his/her in community-based programs, which shall include, but not limited
parents or those persons liable to support him/her: Provided, That to:
in case his/her parents or those persons liable to support him/her
(1) Competency and life skills development; SEC. 54. Objectives of Community Based Programs. - The objectives
of community-based programs are as follows:
(2) Socio-cultural and recreational activities;
(a) Prevent disruption in the education or means of livelihood of the
(3) Community volunteer projects; child in conflict with the law in case he/she is studying, working or
attending vocational learning institutions;
(4) Leadership training;
(b) Prevent separation of the child in conflict with the law from
(5) Social services; his/her parents/guardians to maintain the support system fostered
by their relationship and to create greater awareness of their
(6) Homelife services; mutual and reciprocal responsibilities;
(7) Health services; . (c) Facilitate the rehabilitation and mainstreaming of the child in
conflict with the law and encourage community support and
(8) Spiritual enrichment; and involvement; and
(9) Community and family welfare services. (d) Minimize the stigma that attaches to the child in conflict with
the law by preventing jail detention.
In accordance therewith, the family of the child in conflict with the
law shall endeavor to actively participate in the community-based SEC. 55. Criteria of Community-Based Programs. - Every LGU shall
rehabilitation. establish community-based programs that will focus on the
rehabilitation and reintegration of the child. All programs shall meet
Based on the progress of the youth in the community, a final report the criteria to be established by the JJWC which shall take into
will be forwarded by the local social welfare and development account the purpose of the program, the need for the consent of
officer to the court for final disposition of the case. the child and his/her parents or legal guardians, and the
If the community-based programs are provided as diversion participation of the child-centered agencies whether public or
measures under Chapter II, Title V, the programs enumerated above private.
shall be made available to the child in conflict with the law. SEC. 56. After-Care Support Services for Children in Conflict with the
SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation Law. - Children in conflict with the law whose cases have been
center shall provide 24-hour group care, treatment and dismissed by the proper court because of good behavior as per
rehabilitation services under the guidance of a trained staff where recommendation of the DSWD social worker and/or any accredited
residents are cared for under a structured therapeutic environment NGO youth rehabilitation center shall be provided after-care
with the end view of reintegrating them in their families and services by the local social welfare and development officer for a
communities as socially functioning individuals. A quarterly report period of at least six (6) months. The service includes counseling and
shall be submitted by the center to the proper court on the progress other community-based services designed to facilitate social
of the children in conflict with the law. Based on the progress of the reintegration, prevent re-offending and make the children
youth in the center, a final report will be forwarded to the court for productive members of the community.
final disposition of the case. The DSWD shall establish youth TITLE VII
rehabilitation centers in each region of the country.
GENERAL PROVISIONS
 (a) Employment of threats of whatever kind and nature;
CHAPTER 1 (b) Employment of abusive, coercive and punitive measures such as
cursing, beating, stripping, and solitary confinement;
EXEMPTING PROVISIONS
(c) Employment of degrading, inhuman end cruel forms of
SEC. 57. Status Offenees. - Any conduct not considered an offense punishment such as shaving the heads, pouring irritating, corrosive
or not penalized if committed by an adult shall not be considered an or harmful substances over the body of the child in conflict with the
offense and shall not be punished if committed by a child. law, or forcing him/her to walk around the community wearing
signs which embarrass, humiliate, and degrade his/her personality
SEC. 58. Offenses Not Applicable to Children. - Persons below and dignity; and
eighteen (18) years of age shall be exempt from prosecution for the
crime of vagrancy and prostitution under Section 202 of the Revised (d) Compelling the child to perform involuntary servitude in any and
Penal Code, of mendicancy under Presidential Decree No. 1563, and all forms under any and all instances
sniffing of rugby under Presidential Decree No. 1619, such
prosecution being inconsistent with the United Nations Convention CHAPTER 3
on the Rights of the Child: Provided, That said persons shall undergo
appropriate counseling and treatment program. PENAL PROVISION

SEC. 59. Exemption from the Application of Death Penalty. - The SEC. 62. Violation of the Provisions of this Act or Rules or
provisions of the Revised Penal Code, as amended, Republic Act No. Regulations in General. - Any person who violates any provision of
9165, otherwise known as the Comprehensive Dangerous Drugs Act this Act or any rule or regulation promulgated in accordance thereof
of 2002, and other special laws notwithstanding, no death penalty shall, upon conviction for each act or omission, be punished by a
shall be imposed upon children in conflict with the law. fine of not less than Twenty thousand pesos (P20,000.00) but not
more than Fifty thousand pesos (P50,000.00) or suffer
CHAPTER 2 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
PROHIBITED ACTS 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
SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct employee, he/she shall, in addition to such fine and/or
of the proceedings beginning from the initial contact with the child, imprisonment, be held administratively liable and shall suffer the
the competent authorities must refrain from branding or labeling penalty of perpetual absolute disqualification.
children as young criminals, juvenile delinquents, prostitutes or
attaching to them in any manner any other derogatory names. CHAPTER 4
Likewise, no discriminatory remarks and practices shall be allowed
particularly with respect to the child's class or ethnic origin. APPROPRIATION PROVISION
SEC. 61. Other Prohibited Acts. - The following and any other similar SEC. 63. Appropriations. - The amount necessary to carry out the
acts shall be considered prejudicial and detrimental to the initial implementation of this Act shall be charged to the Office of
psychological, emotional, social, spiritual, moral and physical health the President. Thereafter, such sums as may be necessary for the
and well-being of the child in conflict with the law and therefore, continued implementation of this Act shall be included in the
prohibited: succeeding General Appropriations Act.
An initial amount of Fifty million pesos (P50,000,000.00) for the conviction, and unless the child in conflict the law has already
purpose of setting up the JJWC shall be taken from the proceeds of availed of probation under Presidential Decree No. 603 or other
the Philippine Charity Sweepstakes Office. similar laws, the child may apply for probation if qualified under the
provisions of the Probation Law.
TITLE VIII
SEC. 68. Children Who Have Been Convicted and are Serving
TRANSITORY PROVISIONS Sentence. - Persons who have been convicted and are serving
sentence at the time of the effectivity of this Act, and who were
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and below the age of eighteen (18) years at the time the commission of
Below. - Upon effectivity of this Act, cases of children fifteen (15) the offense for which they were convicted and are serving sentence,
years old and below at the time of the commission of the crime shall shall likewise benefit from the retroactive application of this Act.
immediately be dismissed and the child shall be referred to the They shall be entitled to appropriate dispositions provided under
appropriate local social welfare and development officer. Such this Act and their sentences shall be adjusted accordingly. They shall
officer, upon thorough assessment of the child, shall determine be immediately released if they are so qualified under this Act or
whether to release the child to the custody of his/her parents, or other applicable law.
refer the child to prevention programs as provided under this Act.
Those with suspended sentences and undergoing rehabilitation at
the youth rehabilitation center shall likewise be released, unless it is
contrary to the best interest of the child.
SEC. 65. Children Detained Pending Dial. - If the child is detained TITLE IX
pending trial, the Family Court shall also determine whether or not
continued detention is necessary and, if not, determine appropriate FINAL PROVISIONS
alternatives for detention.
SEC. 69. Rule Making Power. - The JJWC shall issue the IRRs for the
If detention is necessary and he/she is detained with adults, the implementation of the provisions of this act within ninety (90) days
court shall immediately order the transfer of the child to a youth from the effectivity thereof.
detention home.
SEC. 70. Separability Clause. - If, for any reason, any section or
SEC. 66. Inventory of "Locked-up" and Detained Children in Conflict provision of this Act is declared unconstitutional or invalid by the
with the Law. - The PNP, the BJMP and the BUCOR are hereby Supreme Court, the other sections or provisions hereof not dfected
directed to submit to the JJWC, within ninety (90) days from the by such declaration shall remain in force and effect.
effectivity of this Act, an inventory of all children in conflict with the
law under their custody. SEC. 71. Repealing Clause. - All existing laws, orders, decrees, rules
and regulations or parts thereof inconsistent with the provisions of
SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending this Act are hereby repealed or modified accordingly.
Diversion and Court Proceedings. - If a child reaches the age of
eighteen (18) years pending diversion and court proceedings, the SEC. 72. Effectivity. - This Act shall take effect after fifteen (15) days
appropriate diversion authority in consultation with the local social from its publication in at least two (2) national newspapers of
welfare and development officer or the Family Court in consultation general circulation.
with the Social Services and Counseling Division (SSCD) of the
Supreme Court, as the case may be, shall determine the appropriate Approved,
disposition. In case the appropriate court executes the judgment of