Metro Manila Thirteenth Congress Second Regular Session Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand and five. Republic Act No. 9344 AN ACT ESTAB!S"!N# A C$%PRE"ENS!&E '(&EN!E '(ST!CE AN) *E+ARE S,STE%- CREAT!N# T"E '(&EN!E '(ST!CE AN) *E+ARE C$(NC! (N)ER T"E )EPART%ENT $+ '(ST!CE- APPR$PR!AT!N# +(N)S T"ERE+$R AN) +$R $T"ER P(RP$SES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: T!TE ! #$&ERN!N# PR!NC!PES C"APTER . T!TE- P$!C, AN) )E+!N!T!$N $+ TER%S Section .. Short Title and Scope. - This Act shall be known as the /'u0enile 'ustice and *elfare Act of 1223./ It shall cover the different stages involving children at risk and children in conflict with the law fro !revention to rehabilitation and reintegration. SEC. 1. Declaration of State Policy. - The following "tate !olicies shall be observed at all ties: #a$ The "tate recogni%es the vital role of children and youth in nation building and shall !roote and !rotect their !hysical, oral, s!iritual, intellectual and social well-being. It shall inculcate in the youth !atriotis and nationalis, and encourage their involveent in !ublic and civic affairs. #b$ The "tate shall !rotect the best interests of the child through easures that will ensure the observance of international standards of child !rotection, es!ecially those to which the &hili!!ines is a !arty. &roceedings before any authority shall be conducted in the best interest of the child and in a anner which allows the child to !artici!ate and to e'!ress hiself(herself freely. The !artici!ation of children in the !rogra and !olicy forulation and i!leentation related to )uvenile )ustice and welfare shall be ensured by the concerned governent agency. #c$ The "tate likewise recogni%es the right of children to assistance, including !ro!er care and nutrition, and s!ecial !rotection fro all fors of neglect, abuse, cruelty and e'!loitation, and other conditions !re)udicial to their develo!ent. #d$ &ursuant to Article *+ of the ,nited -ations .onvention on the /ights of the .hild, the "tate recogni%es the right of every child alleged as, accused of, ad)udged, or recogni%ed as having infringed the !enal law to be treated in a anner consistent with the !rootion of the child0s sense of dignity and worth, taking into account the child0s age and desirability of !rooting his(her reintegration. 1henever a!!ro!riate and desirable, the "tate shall ado!t easures for dealing with such children without resorting to )udicial !roceedings, !roviding that huan rights and legal safeguards are fully res!ected. It shall ensure that children are dealt with in a anner a!!ro!riate to their well-being by !roviding for, aong others, a variety of dis!osition easures such as care, guidance and su!ervision orders, counseling, !robation, foster care, education and vocational training !rogras and other alternatives to institutional care. #e$ The adinistration of the )uvenile )ustice and welfare syste shall take into consideration the cultural and religious !ers!ectives of the 2ili!ino !eo!le, !articularly the indigenous !eo!les and the Muslis, consistent with the !rotection of the rights of children belonging to these counities. #f$ The "tate shall a!!ly the !rinci!les of restorative )ustice in all its laws, !olicies and !rogras a!!licable to children in conflict with the law. SEC. 3. Liberal Construction of this Act. - In case of doubt, the inter!retation of any of the !rovisions of this Act, including its i!leenting rules and regulations #I//s$, shall be construed liberally in favor of the child in conflict with the law. SEC. 4. Definition of Terms. - The following ters as used in this Act shall be defined as follows: #a$ 3Bail3 refers to the security given for the release of the !erson in custody of the law, furnished by hi(her or a bondsan, to guarantee his(her a!!earance before any court. Bail ay be given in the for of cor!orate security, !ro!erty bond, cash de!osit, or recogni%ance. #b$ 3Best Interest of the .hild3 refers to the totality of the circustances and conditions which are ost congenial to the survival, !rotection and feelings of security of the child and ost encouraging to the child0s !hysical, !sychological and eotional develo!ent. It also eans the least detriental available alternative for safeguarding the growth and develo!ent of the child. #e$ 3.hild3 refers to a !erson under the age of eighteen #45$ years. #d$ 3.hild at /isk3 refers to a child who is vulnerable to and at the risk of coitting criinal offenses because of !ersonal, faily and social circustances, such as, but not liited to, the following: #4$ being abused by any !erson through se'ual, !hysical, !sychological, ental, econoic or any other eans and the !arents or guardian refuse, are unwilling, or unable to !rovide !rotection for the child6 #7$ being e'!loited including se'ually or econoically6 #8$ being abandoned or neglected, and after diligent search and in9uiry, the !arent or guardian cannot be found6 #*$ coing fro a dysfunctional or broken faily or without a !arent or guardian6 #:$ being out of school6 #;$ being a streetchild6 #<$ being a eber of a gang6 #5$ living in a counity with a high level of criinality or drug abuse6 and #=$ living in situations of ared conflict. #e$ 3.hild in .onflict with the >aw3 refers to a child who is alleged as, accused of, or ad)udged as, having coitted an offense under &hili!!ine laws. #f$ 3.ounity-based &rogras3 refers to the !rogras !rovided in a counity setting develo!ed for !ur!oses of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his(her faily and(or counity. #g$ 3.ourt3 refers to a faily court or, in !laces where there are no faily courts, any regional trial court. #h$ 3?e!rivation of >iberty3 refers to any for of detention or i!risonent, or to the !laceent of a child in conflict with the law in a !ublic or !rivate custodial setting, fro which the child in conflict with the law is not !eritted to leave at will by order of any )udicial or adinistrative authority. #i$ 3?iversion3 refers to an alternative, child-a!!ro!riate !rocess of deterining the res!onsibility and treatent of a child in conflict with the law on the basis of his(her social, cultural, econoic, !sychological or educational background without resorting to foral court !roceedings. #)$ 3?iversion &rogra3 refers to the !rogra that the child in conflict with the law is re9uired to undergo after he(she is found res!onsible for an offense without resorting to foral court !roceedings. #k$ 3Initial .ontact 1ith-the .hild3 refers to the a!!rehension or taking into custody of a child in conflict with the law by law enforceent officers or !rivate citi%ens. It includes the tie when the child alleged to be in conflict with the law receives a sub!oena under "ection 8#b$ of /ule 447 of the /evised /ules of .riinal &rocedure or suons under "ection ;#a$ or "ection =#b$ of the sae /ule in cases that do not re9uire !reliinary investigation or where there is no necessity to !lace the child alleged to be in conflict with the law under iediate custody. #I$ 3Intervention3 refers to a series of activities which are designed to address issues that caused the child to coit an offense. It ay take the for of an individuali%ed treatent !rogra which ay include counseling, skills training, education, and other activities that will enhance his(her !sychological, eotional and !sycho-social well-being. #$ 3Juvenile Justice and 1elfare "yste3 refers to a syste dealing with children at risk and children in conflict with the law, which !rovides child- a!!ro!riate !roceedings, including !rogras and services for !revention, diversion, rehabilitation, re-integration and aftercare to ensure their noral growth and develo!ent. #n$ 3>aw @nforceent Afficer3 refers to the !erson in authority or his(her agent as defined in Article 4:7 of the /evised &enal .ode, including a barangay tanod. #+$ 3Affense3 refers to any act or oission whether !unishable under s!ecial laws or the /evised &enal .ode, as aended. #!$ 3/ecogni%ance3 refers to an undertaking in lieu of a bond assued by a !arent or custodian who shall be res!onsible for the a!!earance in court of the child in conflict with the law, when re9uired. #9$ 3/estorative Justice3 refers to a !rinci!le which re9uires a !rocess of resolving conflicts with the a'iu involveent of the victi, the offender and the counity. It seeks to obtain re!aration for the victi6 reconciliation of the offender, the offended and the counity6 and reassurance to the offender that he(she can be reintegrated into society. It also enhances !ublic safety by activating the offender, the victi and the counity in !revention strategies. #r$ 3"tatus Affenses3 refers to offenses which discriinate only against a child, while an adult does not suffer any !enalty for coitting siilar acts. These shall include curfew violations6 truancy, !arental disobedience and the like. #s$ 3Bouth ?etention Coe3 refers to a 7*-hour child-caring institution anaged by accredited local governent units #>D,s$ and licensed and(or accredited nongovernent organi%ations #-DAs$ !roviding short-ter residential care for children in conflict with the law who are awaiting court dis!osition of their cases or transfer to other agencies or )urisdiction. #t$ 3Bouth /ehabilitation .enter3 refers to a 7*-hour residential care facility anaged by the ?e!artent of "ocial 1elfare and ?evelo!ent #?"1?$, >D,s, licensed and(or accredited -DAs onitored by the ?"1?, which !rovides care, treatent and rehabilitation services for children in conflict with the law. /ehabilitation services are !rovided under the guidance of a trained staff where residents are cared for under a structured thera!eutic environent with the end view of reintegrating the into their failies and counities as socially functioning individuals. &hysical obility of residents of said centers ay be restricted !ending court dis!osition of the charges against the. #u$ 3Eictiless .ries3 refers to offenses where there is no !rivate offended !arty. C"APTER 1 PR!NC!PES !N T"E A)%!N!STRAT!$N $+ '(&EN!E '(ST!CE AN) *E+ARE SEC. 4. Rights of the Child in Conflict with the Law. - @very child in conflict with the law shall have the following rights, including but not liited to: #a$ the right not to be sub)ected to torture or other cruel, inhuan or degrading treatent or !unishent6 #b$ the right not to be i!osed a sentence of ca!ital !unishent or life i!risonent, without the !ossibility of release6 #c$ the right not to be de!rived, unlawfully or arbitrarily, of his(her liberty6 detention or i!risonent being a dis!osition of last resort, and which shall be for the shortest a!!ro!riate !eriod of tie6 #d$ the right to be treated with huanity and res!ect, for the inherent dignity of the !erson, and in a anner which takes into account the needs of a !erson of his(her age. In !articular, a child de!rived of liberty shall be se!arated fro adult offenders at all ties. -o child shall be detained together with adult offenders. Ce("he shall be conveyed se!arately to or fro court. Ce("he shall await hearing of his(her own case in a se!arate holding area. A child in conflict with the law shall have the right to aintain contact with his(her faily through corres!ondence and visits, save in e'ce!tional circustances6 #e$ the right to !ro!t access to legal and other a!!ro!riate assistance, as well as the right to challenge the legality of the de!rivation of his(her liberty before a court or other co!etent, inde!endent and i!artial authority, and to a !ro!t decision on such action6 #f$ the right to bail and recogni%ance, in a!!ro!riate cases6 #g$ the right to testify as a witness in hid(her own behalf under the rule on e'aination of a child witness6 #h$ the right to have his(her !rivacy res!ected fully at all stages of the !roceedings6 #i$ the right to diversion if he(she is 9ualified and voluntarily avails of the sae6 #)$ the right to be i!osed a )udgent in !ro!ortion to the gravity of the offense where his(her best interest, the rights of the victi and the needs of society are all taken into consideration by the court, under the !rinci!le of restorative )ustice6 #k$ the right to have restrictions on his(her !ersonal liberty liited to the iniu, and where discretion is given by law to the )udge to deterine whether to i!ose fine or i!risonent, the i!osition of fine being !referred as the ore a!!ro!riate !enalty6 #I$ in general, the right to autoatic sus!ension of sentence6 #$ the right to !robation as an alternative to i!risonent, if 9ualified under the &robation >aw6 #n$ the right to be free fro liability for !er)ury, concealent or isre!resentation6 and #o$ other rights as !rovided for under e'isting laws, rules and regulations. The "tate further ado!ts the !rovisions of the ,nited -ations "tandard Miniu /ules for the Adinistration of Juvenile Justice or 3Bei)ing /ules3, ,nited -ations Duidelines for the &revention of Juvenile ?elin9uency or the 3/iyadh Duidelines3, and the ,nited -ations /ules for the &rotection of Juveniles ?e!rived of >iberty. SEC. 3. Minimum Age of Criminal Responsibility. - A child fifteen #4:$ years of age or under at the tie of the coission of the offense shall be e'e!t fro criinal liability. Cowever, the child shall be sub)ected to an intervention !rogra !ursuant to "ection 7+ of this Act. A child above fifteen #4:$ years but below eighteen #45$ years of age shall likewise be e'e!t fro criinal liability and be sub)ected to an intervention !rogra, unless he(she has acted with discernent, in which case, such child shall be sub)ected to the a!!ro!riate !roceedings in accordance with this Act. The e'e!tion fro criinal liability herein established does not include e'e!tion fro civil liability, which shall be enforced in accordance with e'isting laws. SEC. 5. Determination ofAge. - The child in conflict with the law shall en)oy the !resu!tion of inority. Ce("he shall en)oy all the rights of a child in conflict with the law until he(she is !roven to be eighteen #45$ years old or older. The age of a child ay be deterined fro the child0s birth certificate, ba!tisal certificate or any other !ertinent docuents. In the absence of these docuents, age ay be based on inforation fro the child hiself(herself, testionies of other !ersons, the !hysical a!!earance 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 !erson contesting the age of the child in conflict with the law !rior to the filing of the inforation in any a!!ro!riate court ay file a case in a suary !roceeding for the deterination of age before the 2aily .ourt which shall decide the case within twenty- four #7*$ hours fro recei!t of the a!!ro!riate !leadings of all interested !arties. If a case has been fiied against the child in conflict with the law and is !ending in the a!!ro!riate court, the !erson shall file a otion to deterine the age of the child in the sae court where the case is !ending. &ending hearing on the said otion, !roceedings on the ain case shall be sus!ended. In all !roceedings, law enforceent officers, !rosecutors, )udges and other governent officials concerned shall e'ert all efforts at deterining the age of the child in conflict with the law. T!TE !! STR(CT(RES !N T"E A)%!N!STRAT!$N $+ '(&EN!E '(ST!CE AN) *E+ARE SEC. 6. u!enile ustice and "elfare Council #"C$. - A Juvenile Justice and 1elfare .ouncil #JJ1.$ is hereby created and attached to the ?e!artent of Justice and !laced under its adinistrative su!ervision. The JJ1. shall be chaired by an undersecretary of the ?e!artent of "ocial 1elfare and ?evelo!ent. It shall ensure the effective i!leentation of this Act and coordination aong the following agencies: #a$ .ouncil for the 1elfare of .hildren #.1.$6 #b$ ?e!artent of @ducation #?e!@d$6 #c$ ?e!artent of the Interior and >ocal Dovernent #?I>D$6 #d$ &ublic Attorney0s Affice #&AA$6 #e$ Bureau of .orrections #B,.A/$6 #f$ &arole and &robation Adinistration #&&A$ #g$ -ational Bureau of Investigation #-BI$6 #h$ &hili!!ine -ational &olice #&-&$6. #i$ Bureau of Jail Manageent and &enology #BJM&$6 #i$ .oission on Cuan /ights #.C/$6 #k$ Technical @ducation and "kills ?evelo!ent Authority #T@"?A$6 #l$ -ational Bouth .oission #-B.$6 and #$ Ather institutions focused on )uvenile )ustice and intervention !rogras. The JJ1. shall be co!osed of re!resentatives, whose ranks shall not be lower than director, to be designated by the concerned heads of the following de!artents or agencies: #a$ ?e!artent of Justice #?AJ$6 #b$ ?e!artent of "ocial 1elfare and ?evelo!ent #?"1?$6 #c$ .ouncil for the 1elfare of .hildren #.1.$ #d$ ?e!artent of @ducation #?e!@d$6 #e$ ?e!artent of the Interior and >ocal Dovernent #?I>D$ #f$ .oission on Cuan /ights #.C/$6 #g$ -ational Bouth .oission #-B.$6 and #h$ Two #7$ re!resentatives fro -DAs, one to be designated by the "ecretary of Justice and the other to be designated by the "ecretary of "ocial 1elfare and ?evelo!ent. The JJ1. shall convene within fifteen #4:$ days fro the effectivity of this Act. The "ecretary of Justice and the "ecretary of "ocial 1elfare and ?evelo!ent shall deterine the organi%ational structure and staffing !attern of the JJ1.. The JJ1. shall coordinate with the Affice of the .ourt Adinistrator and the &hili!!ine Judicial Acadey to ensure the reali%ation of its andate and the !ro!er discharge of its duties and functions, as herein !rovided. SEC. 9. Duties and %unctions of the "C. - The JJ1. shall have the following duties and functions: #a$ To oversee the i!leentation of this Act6 #b$ To advise the &resident on all atters and !olicies relating to )uvenile )ustice and welfare6 #c$ To assist the concerned agencies in the review and redrafting of e'isting !olicies(regulations or in the forulation of new ones in line with the !rovisions of this Act6 #d$ To !eriodically develo! a co!rehensive 8 to :-year national )uvenile intervention !rogra, with the !artici!ation of governent agencies concerned, -DAs and youth organi%ations6 #e$ To coordinate the i!leentation of the )uvenile intervention !rogras and activities by national governent agencies and other activities which ay have an i!ortant bearing on the success of the entire national )uvenile intervention !rogra. All !rogras relating to )uvenile )ustice and welfare shall be ado!ted in consultation with the JJ1.6 #f$ To forulate and recoend !olicies and strategies in consultation with children for the !revention of )uvenile delin9uency and the adinistration of )ustice, as well as for the treatent and rehabilitation of the children in conflict with the law6 #g$ To collect relevant inforation and conduct continuing research and su!!ort evaluations and studies on all atters relating to )uvenile )ustice and welfare, such as but not liited to: #4$ the !erforance and results achieved by )uvenile intervention !rogras and by activities of the local governent units and other governent agencies6 #7$ the !eriodic trends, !robles and causes of )uvenile delin9uency and cries6 and #8$ the !articular needs of children in conflict with the law in custody. The data gathered shall be used by the JJ1. in the i!roveent of the adinistration of )uvenile )ustice and welfare syste. The JJ1. shall set u! a echanis to ensure that children are involved in research and !olicy develo!ent. #h$ Through duly designated !ersons and with the assistance of the agencies !rovided in the !receding section, to conduct regular ins!ections in detention and rehabilitation facilities and to undertake s!ot ins!ections on their own initiative in order to check co!liance with the standards !rovided herein and to ake the necessary recoendations to a!!ro!riate agencies6 #i$ To initiate and coordinate the conduct of trainings for the !ersonnel of the agencies involved in the adinistration of the )uvenile )ustice and welfare syste and the )uvenile intervention !rogra6 #)$ To subit an annual re!ort to the &resident on the i!leentation of this Act6 and #k$ To !erfor such other functions as ay be necessary to i!leent the !rovisions of this Act. SEC. .2. Policies and Procedures on u!enile ustice and "elfare. - All governent agencies enuerated in "ection 5 shall, with the assistance of the JJ1. and within one #4$ year fro the effectivity of this Act, draft !olicies and !rocedures consistent with the standards set in the law. These !olicies and !rocedures shall be odified accordingly in consultation with the JJ1. u!on the co!letion of the national )uvenile intervention !rogra as !rovided under "ection = #d$. SEC. ... Child Rights Center #CRC$. - The e'isting .hild /ights .enter of the .oission on Cuan /ights shall ensure that the status, rights and interests of children are u!held in accordance with the .onstitution and international instruents on huan rights. The .C/ shall strengthen the onitoring of governent co!liance of all treaty obligations, including the tiely and regular subission of re!orts before the treaty bodies, as well as the i!leentation and disseination of recoendations and conclusions by governent agencies as well as -DAs and civil society. T!TE !!! PRE&ENT!$N $+ '(&EN!E )E!N7(ENC, C"APTER . T"E R$E $+ T"E )!++ERENT SECT$RS SEC. .1. The %amily. - The faily shall be res!onsible for the !riary nurturing and rearing of children which is critical in delin9uency !revention. As far as !racticable and in accordance with the !rocedures of this Act, a child in conflict with the law shall be aintained in his(her faily. SEC. .3. The &ducational System. - @ducational institutions shall work together with failies, counity organi%ations and agencies in the !revention of )uvenile delin9uency and in the rehabilitation and reintegration of child in conflict with the law. "chools shall !rovide ade9uate, necessary and individuali%ed educational schees for children anifesting difficult behavior and children in conflict with the law. In cases where children in conflict with the law are taken into custody or detained in rehabilitation centers, they should be !rovided the o!!ortunity to continue learning under an alternative learning syste with basic literacy !rogra or non- foral education accreditation e9uivalency syste. SEC. .4. The Role of the Mass Media. - The ass edia shall !lay an active role in the !rootion of child rights, and delin9uency !revention by relaying consistent essages through a balanced a!!roach. Media !ractitioners shall, therefore, have the duty to aintain the highest critical and !rofessional standards in re!orting and covering cases of children in conflict with the law. In all !ublicity concerning children, the best interest of the child should be the !riordial and !araount concern. Any undue, ina!!ro!riate and sensationali%ed !ublicity of any case involving a child in conflict with the law is hereby declared a violation of the child0s rights. SEC. .4. &stablishment and Strengthening of Local Councils for the Protection of Children. - >ocal .ouncils for the &rotection of .hildren #>.&.$ shall be established in all levels of local governent, and where they have already been established, they shall be strengthened within one #4$ year fro the effectivity of this Act. Mebershi! in the >.&. shall be chosen fro aong the res!onsible ebers of the counity, including a re!resentative fro the youth sector, as well as re!resentatives fro governent and !rivate agencies concerned with the welfare of children. The local council shall serve as the !riary agency to coordinate with and assist the >D, concerned for the ado!tion of a co!rehensive !lan on delin9uency !revention, and to oversee its !ro!er i!leentation. Ane !ercent #4F$ of the internal revenue allotent of barangays, unici!alities and cities shall be allocated for the strengthening and i!leentation of the !rogras of the >.&.: &rovided, That the disburseent of the fund shall be ade by the >D, concerned. SEC. .3. Appointment of Local Social "elfare and De!elopment 'fficer. - All >D,s shall a!!oint a duly licensed social worker as its local social welfare and develo!ent officer tasked to assist children in conflict with the law. SEC. .5. The Sangguniang (abataan. - The "angguniang Gabataan #"G$ shall coordinate with the >.&. in the forulation and i!leentation of )uvenile intervention and diversion !rogras in the counity. C"APTER 1 C$%PRE"ENS!&E '(&EN!E !NTER&ENT!$N PR$#RA% SEC. .6. De!elopment of a Comprehensi!e u!enile )nter!ention Program. - A .o!rehensive )uvenile intervention !rogra covering at least a 8-year !eriod shall be instituted in >D,s fro the barangay to the !rovincial level. The >D,s shall set aside an aount necessary to i!leent their res!ective )uvenile intervention !rogras in their annual budget. The >D,s, in coordination with the >.&., shall call on all sectors concerned, !articularly the child-focused institutions, -DAs, !eo!le0s organi%ations, educational institutions and governent agencies involved in delin9uency !revention to !artici!ate in the !lanning !rocess and i!leentation of )uvenile intervention !rogras. "uch !rogras shall be i!leented consistent with the national !rogra forulated and designed by the JJ1.. The i!leentation of the co!rehensive )uvenile intervention !rogra shall be reviewed and assessed annually by the >D,s in coordination with the >.&.. /esults of the assessent shall be subitted by the !rovincial and city governents to the JJ1. not later than March 8+ of every year. SEC. .9. Community*based Programs on u!enile ustice and "elfare. - .ounity-based !rogras on )uvenile )ustice and welfare shall be instituted by the >D,s through the >.&., school, youth organi%ations and other concerned agencies. The >D,s shall !rovide counity-based services which res!ond to the s!ecial needs, !robles, interests and concerns of children and which offer a!!ro!riate counseling and guidance to the and their failies. These !rogras shall consist of three levels: #a$ &riary intervention includes general easures to !roote social )ustice and e9ual o!!ortunity, which tackle !erceived root causes of offending6 #b$ "econdary intervention includes easures to assist children at risk6 and #c$ Tertiary intervention includes easures to avoid unnecessary contact with the foral )ustice syste and other easures to !revent re-offending. T!TE !& TREAT%ENT $+ C"!)REN BE$* T"E A#E $+ CR!%!NA RESP$NS!B!!T, SEC. 12. Children +elow the Age of Criminal Responsibility. - If it has been deterined that the child taken into custody is fifteen #4:$ years old or below, the authority which will have an initial contact with the child has the duty to iediately release the child to the custody of his(her !arents or guardian, or in the absence thereof, the child0s nearest relative. "aid authority shall give notice to the local social welfare and develo!ent officer who will deterine the a!!ro!riate !rogras in consultation with the child and to the !erson having custody over the child. If the !arents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child ay be released to any of the following: a duly registered nongovernental or religious organi%ation6 a barangay official or a eber of the Barangay .ouncil for the &rotection of .hildren #B.&.$6 a local social welfare and develo!ent officer6 or when and where a!!ro!riate, the ?"1?. If the child referred to herein has been found by the >ocal "ocial 1elfare and ?evelo!ent Affice to be abandoned, neglected or abused by his !arents, or in the event that the !arents will not co!ly with the !revention !rogra, the !ro!er !etition for involuntary coitent shall be filed by the ?"1? or the >ocal "ocial 1elfare and ?evelo!ent Affice !ursuant to &residential ?ecree -o. ;+8, otherwise ,known as 3The .hild and Bouth 1elfare .ode3. T!TE & '(&EN!E '(ST!CE AN) *E+ARE S,STE% C"APTER ! !N!T!A C$NTACT *!T" T"E C"!) SEC. 1.. Procedure for Ta,ing the Child into Custody. - 2ro the oent a child is taken into custody, the law enforceent officer shall: #a$ @'!lain to the child in si!le language and in a dialect that he(she can understand why he(she is being !laced under custody and the offense that he(she allegedly coitted6 #b$ Infor the child of the reason for such custody and advise the child of his(her constitutional rights in a language or dialect understood by hi(her6 #e$ &ro!erly identify hiself(herself and !resent !ro!er identification to the child6 #d$ /efrain fro using vulgar or !rofane words and fro se'ually harassing or abusing, or aking se'ual advances on the child in conflict with the law6 #e$ Avoid dis!laying or using any firear, wea!on, handcuffs or other instruents of force or restraint, unless absolutely necessary and only after all other ethods of control have been e'hausted and have failed6 #f$ /efrain fro sub)ecting the child in conflict with the law to greater restraint than is necessary for his(her a!!rehension6 #g$ Avoid violence or unnecessary force6 #h$ ?eterine the age of the child !ursuant to "ection < of this Act6 #i$ Iediately but not later than eight #5$ hours after a!!rehension, turn over custody of the child to the "ocial 1elfare and ?evelo!ent Affice or other accredited -DAs, and notify the child0s a!!rehension. The social welfare and develo!ent officer shall e'!lain to the child and the child0s !arents(guardians the conse9uences of the child0s act with a view towards counseling and rehabilitation, diversion fro the criinal )ustice syste, and re!aration, if a!!ro!riate6 #)$ Take the child iediately to the !ro!er edical and health officer for a thorough !hysical and ental e'aination. The e'aination results shall be ke!t confidential unless otherwise ordered by the 2aily .ourt. 1henever the edical treatent is re9uired, ste!s shall be iediately undertaken to !rovide the sae6 #k$ @nsure that should detention of the child in conflict with the law be necessary, the child shall be secured in 9uarters se!arate fro that of the o!!osite se' and adult offenders6 #l$ /ecord the following in the initial investigation: 4. 1hether handcuffs or other instruents of restraint were used, and if so, the reason for such6 7. That the !arents or guardian of a child, the ?"1?, and the &A+ have been infored of the a!!rehension and the details thereof6 and 8. The e'haustion of easures to deterine the age of a child and the !recise details of the !hysical and edical e'aination or the failure to subit a child to such e'aination6 and #$ @nsure that all stateents signed by the child during investigation shall be witnessed by the child0s !arents or guardian, social worker, or legal counsel in attendance who shall affi' his(her signature to the said stateent. A child in conflict with the law shall only be searched by a law enforceent officer of the sae gender and shall not be locked u! in a detention cell. SEC. 11. Duties During )nitial )n!estigation. - The law enforceent officer shall, in his(her investigation, deterine where the case involving the child in conflict with the law should be referred. The taking of the stateent of the child shall be conducted in the !resence of the following: #4$ child0s counsel of choice or in the absence thereof, a lawyer fro the &ublic Attorney0s Affice6 #7$ the child0s !arents, guardian, or nearest relative, as the case ay be6 and #8$ the local social welfare and develo!ent officer. In the absence of the child0s !arents, guardian, or nearest relative, and the local social welfare and develo!ent officer, the investigation shall be conducted in the !resence of a re!resentative of an -DA, religious grou!, or eber of the B.&.. After the initial investigation, the local social worker conducting the sae ay do either of the following: #a$ &roceed in accordance with "ection 7+ if the child is fifteen #4:$ years or below or above fifteen #4:$ but below eighteen #45$ years old, who acted without discernent6 and #b$ If the child is above fifteen #4:$ years old but below eighteen #45$ and who acted with discernent, !roceed to diversion under the following cha!ter. C"APTER 1 )!&ERS!$N SEC. 13. System of Di!ersion. - .hildren in conflict with the law shall undergo diversion !rogras without undergoing court !roceedings sub)ect to the conditions herein !rovided: #a$ 1here the i!osable !enalty for the crie coittee is not ore than si' #;$ years i!risonent, the law enforceent officer or &unong Barangay with the assistance of the local social welfare and develo!ent officer or other ebers of the >.&. shall conduct ediation, faily conferencing and conciliation and, where a!!ro!riate, ado!t indigenous odes of conflict resolution in accordance with the best interest of the child with a view to acco!lishing the ob)ectives of restorative )ustice and the forulation of a diversion !rogra. The child and his(her faily shall be !resent in these activities. #b$ In victiless cries where the i!osable !enalty is not ore than si' #;$ years i!risonent, the local social welfare and develo!ent officer shall eet with the child and his(her !arents or guardians for the develo!ent of the a!!ro!riate diversion and rehabilitation !rogra, in coordination with the B.&.6 #c$ 1here the i!osable !enalty for the crie coitted e'ceeds si' #;$ years i!risonent, diversion easures ay be resorted to only by the court. SEC. 14. Stages "here Di!ersion May be Conducted. - ?iversion ay be conducted at the Gatarungang &abarangay, the !olice investigation or the in9uest or !reliinary investigation stage and at all 4evels and !hases of the !roceedings including )udicial level. SEC. 14. Conferencing- Mediation and Conciliation. - A child in conflict with law ay undergo conferencing, ediation or conciliation outside the criinal )ustice syste or !rior to his entry into said syste. A contract of diversion ay be entered into during such conferencing, ediation or conciliation !roceedings. SEC. 13. Contract of Di!ersion. - If during the conferencing, ediation or conciliation, the child voluntarily adits the coission of the act, a diversion !rogra shall be develo!ed when a!!ro!riate and desirable as deterined under "ection 8+. "uch adission shall not be used against the child in any subse9uent )udicial, 9uasi-)udicial or adinistrative !roceedings. The diversion !rogra shall be effective and binding if acce!ted by the !arties concerned. The acce!tance shall be in writing and signed by the !arties concerned and the a!!ro!riate authorities. The local social welfare and develo!ent officer shall su!ervise the i!leentation of the diversion !rogra. The diversion !roceedings shall be co!leted within forty-five #*:$ days. The !eriod of !rescri!tion of the offense shall be sus!ended until the co!letion of the diversion !roceedings but not to e'ceed forty-five #*:$ days. The child shall !resent hiself(herself to the co!etent authorities that i!osed the diversion !rogra at least once a onth for re!orting and evaluation of the effectiveness of the !rogra. 2ailure to co!ly with the ters and conditions of the contract of diversion, as certified by the local social welfare and develo!ent officer, shall give the offended !arty the o!tion to institute the a!!ro!riate legal action. The !eriod of !rescri!tion of the offense shall be sus!ended during the effectivity of the diversion !rogra, but not e'ceeding a !eriod of two #7$ years. SEC. 15. Duty of the Punong +arangay "hen There is .o Di!ersion. - If the offense does not fall under "ection 78#a$ and #b$, or if the child, his(her !arents or guardian does not consent to a diversion, the &unong Barangay handling the case shall, within three #8$ days fro deterination of the absence of )urisdiction over the case or terination of the diversion !roceedings, as the case ay be, forward the records of the case of the child to the law enforceent officer, !rosecutor or the a!!ro!riate court, as the case ay be. ,!on the issuance of the corres!onding docuent, certifying to the fact that no agreeent has been reached by the !arties, the case shall be filed according to the regular !rocess. SEC. 16. Duty of the Law &nforcement 'fficer "hen There is .o Di!ersion. - If the offense does not fall under "ection 78#a$ and #b$, or if the child, his(her !arents or guardian does not consent to a diversion, the 1oen and .hildren &rotection ?esk of the &-&, or other law enforceent officer handling the case of the child under custody, to the !rosecutor or )udge concerned for the conduct of in9uest and(or !reliinary investigation to deterine whether or not the child should reain under custody and corres!ondingly charged in court. The docuent transitting said records shall dis!lay the word 3.CI>?3 in bold letters. SEC. 19. %actors in Determining Di!ersion Program. - In deterining whether diversion is a!!ro!riate and desirable, the following factors shall be taken into consideration: #a$ The nature and circustances of the offense charged6 #b$ The fre9uency and the severity of the act6 #c$ The circustances of the child #e.g. age, aturity, intelligence, etc.$6 #d$ The influence of the faily and environent on the growth of the child6 #e$ The re!aration of in)ury to the victi6 #f$ The weight of the evidence against the child6 #g$ The safety of the counity6 and #h$ The best interest of the child. SEC. 32. %ormulation of the Di!ersion Program. - In forulating a diversion !rogra, the individual characteristics and the !eculiar circustances of the child in conflict with the law shall be used to forulate an individuali%ed treatent. The following factors shall be considered in forulating a diversion !rogra for the child: #a$ The child0s feelings of reorse for the offense he(she coitted6 #b$ The !arents0 or legal guardians0 ability to guide and su!ervise the child6 #c$ The victi0s view about the !ro!riety of the easures to be i!osed6 and #d$ The availability of counity-based !rogras for rehabilitation and reintegration of the child. SEC. 3.. (inds of Di!ersion Programs. - The diversion !rogra shall include ade9uate socio-cultural and !sychological res!onses and services for the child. At the different stages where diversion ay be resorted to, the following diversion !rogras ay be agreed u!on, such as, but not liited to: #a$ At the level of the &unong Barangay: #4$ /estitution of !ro!erty6 #7$ /e!aration of the daage caused6 #8$ Indenification for conse9uential daages6 #*$ 1ritten or oral a!ology6 #:$ .are, guidance and su!ervision orders6 #;$ .ounseling for the child in conflict with the law and the child0s faily6 #<$Attendance in trainings, seinars and lectures on: #i$ anger anageent skills6 #ii$ !roble solving and(or conflict resolution skills6 #iii$ values foration6 and #iv$ other skills which will aid the child in dealing with situations which can lead to re!etition of the offense6 #5$ &artici!ation in available counity-based !rogras, including counity service6 or #=$ &artici!ation in education, vocation and life skills !rogras. #b$ At the level of the law enforceent officer and the !rosecutor: #4$ ?iversion !rogras s!ecified under !aragra!hs #a$#4$ to #a$#=$ herein6 and #7$ .onfiscation and forfeiture of the !roceeds or instruents of the crie6 #c$ At the level of the a!!ro!riate court: #4$ ?iversion !rogras s!ecified under !aragra!hs#a$and #b$ above6 #7$ 1ritten or oral re!riand or citation6 #8$ 2ine: #*$ &ayent of the cost of the !roceedings6 or #:$ Institutional care and custody. C"APTER 3 PR$SEC(T!$N SEC. 31. Duty of the Prosecutor/s 'ffice. - There shall be a s!ecially trained !rosecutor to conduct in9uest, !reliinary investigation and !rosecution of cases involving a child in conflict with the law. If there is an allegation of torture or ill-treatent of a child in conflict with the law during arrest or detention, it shall be the duty of the !rosecutor to investigate the sae. SEC. 33. Preliminary )n!estigation and %iling of )nformation. - The !rosecutor shall conduct a !reliinary investigation in the following instances: #a$ when the child in conflict with the law does not 9ualify for diversion: #b$ when the child, his(her !arents or guardian does not agree to diversion as s!ecified in "ections 7< and 756 and #c$ when considering the assessent and recoendation of the social worker, the !rosecutor deterines that diversion is not a!!ro!riate for the child in conflict with the law. ,!on serving the sub!oena and the affidavit of co!laint, the !rosecutor shall notify the &ublic Attorney0s Affice of such service, as well as the !ersonal inforation, and !lace of detention of the child in conflict with the law. ,!on deterination of !robable cause by the !rosecutor, the inforation against the child shall be filed before the 2aily .ourt within forty-five #*:$ days fro the start of the !reliinary investigation. C"APTER 4 C$(RT PR$CEE)!N#S SEC. 34. +ail. - 2or !ur!oses of recoending the aount of bail, the !rivileged itigating circustance of inority shall be considered. SEC. 34. Release on Recogni0ance. - 1here a child is detained, the court shall order: #a$ the release of the inor on recogni%ance to his(her !arents and other suitable !erson6 #b$ the release of the child in conflict with the law on bail6 or #c$ the transfer of the inor to a youth detention hoe(youth rehabilitation center. The court shall not order the detention of a child in a )ail !ending trial or hearing of his(her case. SEC. 33. Detention of the Child Pending Trial. - .hildren detained !ending trial ay be released on bail or recogni%ance as !rovided for under "ections 8* and 8: under this Act. In all other cases and whenever !ossible, detention !ending trial ay be re!laced by alternative easures, such as close su!ervision, intensive care or !laceent with a faily or in an educational setting or hoe. Institutionali%ation or detention of the child !ending trial shall be used only as a easure of last resort and for the shortest !ossible !eriod of tie. 1henever detention is necessary, a child will always be detained in youth detention hoes established by local governents, !ursuant to "ection 5 of the 2aily .ourts Act, in the city or unici!ality where the child resides. In the absence of a youth detention hoe, the child in conflict with the law ay be coitted to the care of the ?"1? or a local rehabilitation center recogni%ed by the governent in the !rovince, city or unici!ality within the )urisdiction of the court. The center or agency concerned shall be res!onsible for the child0s a!!earance in court whenever re9uired. SEC. 35. Di!ersion Measures. - 1here the a'iu !enalty i!osed by law for the offense with which the child in conflict with the law is charged is i!risonent of not ore than twelve #47$ years, regardless of the fine or fine alone regardless of the aount, and before arraignent of the child in conflict with the law, the court shall deterine whether or not diversion is a!!ro!riate. SEC. 36. Automatic Suspension of Sentence. - Ance the child who is under eighteen #45$ years of age at the tie of the coission of the offense is found guilty of the offense charged, the court shall deterine and ascertain any civil liability which ay have resulted fro the offense coitted. Cowever, instead of !ronouncing the )udgent of conviction, the court shall !lace the child in conflict with the law under sus!ended sentence, without need of a!!lication: Provided, however, That sus!ension of sentence shall still be a!!lied even if the )uvenile is already eighteen years #45$ of age or ore at the tie of the !ronounceent of his(her guilt. ,!on sus!ension of sentence and after considering the various chcustances of the child, the court shall i!ose the a!!ro!riate dis!osition easures as !rovided in the "u!ree .ourt /ule on Juveniles in .onflict with the >aw. SEC. 39. Discharge of the Child in Conflict with the Law. - ,!on the recoendation of the social worker who has custody of the child, the court shall disiss the case against the child whose sentence has been sus!ended and against who dis!osition easures have been issued, and shall order the final discharge of the child if it finds that the ob)ective of the dis!osition easures have been fulfilled. The discharge of the child in conflict with the law shall not affect the civil liability resulting fro the coission of the offense, which shall be enforced in accordance with law. SEC. 42. Return of the Child in Conflict with the Law to Court. - If the court finds that the ob)ective of the dis!osition easures i!osed u!on the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to co!ly with the conditions of his(her dis!osition or rehabilitation !rogra, the child in conflict with the law shall be brought before the court for e'ecution of )udgent. If said child in conflict with the law has reached eighteen #45$ years of age while under sus!ended sentence, the court shall deterine whether to discharge the child in accordance with this Act, to order e'ecution of sentence, or to e'tend the sus!ended sentence for a certain s!ecified !eriod or until the child reaches the a'iu age of twenty-one #74$ years. SEC. 4.. Credit in Ser!ice of Sentence. - The child in conflict with the law shall be credited in the services of his(her sentence with the full tie s!ent in actual coitent and detention under this Act. SEC. 41. Probation as an Alternati!e to )mprisonment. - The court ay, after it shall have convicted and sentenced a child in conflict with the law, and u!on a!!lication at any tie, !lace the child on !robation in lieu of service of his(her sentence taking into account the best interest of the child. 2or this !ur!ose, "ection * of &residential ?ecree -o. =;5, otherwise known as the 3&robation >aw of 4=<;3, is hereby aended accordingly. C"APTER 4 C$N+!)ENT!A!T, $+ REC$R)S AN) PR$CEE)!N#S SEC. 43. Confedentiality of Records and Proceedings. - All records and !roceedings involving children in conflict with the law fro initial contact until final dis!osition of the case shall be considered !rivileged and confidential. The !ublic shall be e'cluded during the !roceedings and the records shall not be disclosed directly or indirectly to anyone by any of the !arties or the !artici!ants in the !roceedings for any !ur!ose whatsoever, e'ce!t to deterine if the child in conflict with the law ay have his(hes sentence sus!ended or if he(she ay be granted !robation under the &robation >aw, or to enforce the civil liability i!osed in the criinal action. The co!onent authorities shall undertake all easures to !rotect this confidentiality of !roceedings, including non-disclosure of records to the edia, aintaining a se!arate !olice blotter for cases involving children in conflict with the law and ado!ting a syste of coding to conceal aterial inforation which will lead to the child0s identity. /ecords of a child in conflict with the law shall not be used in subse9uent !roceedings for cases involving the sae offender as an adult, e'ce!t when beneficial for the offender and u!on his(her written consent. A !erson who has been in conflict with the law as a child shall not be held under any !rovision of law, to be guilty of !er)ury or of concealent or isre!resentation by reason of his(her failure to acknowledge the case or recite any fact related thereto in res!onse to any in9uiry ade to hi(her for any !ur!ose. T!TE &! RE"AB!!TAT!$N AN) RE!NTE#RAT!$N SEC. 44. 'b1ecti!e of Rehabilitation and Reintegration. - The ob)ective of rehabilitation and reintegration of children in conflict with the law is to !rovide the with interventions, a!!roaches and strategies that will enable the to i!rove their social functioning with the end goal of reintegration to their failies and as !roductive ebers of their counities. SEC. 44. Court 'rder Re2uired. - -o child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing for the !ur!ose. The details of this order shall be iediately entered in a register e'clusively for children in conflict with the law. -o child shall be aditted in any facility where there is no such register. SEC. 43- Separate %acilities from Adults. - In all rehabilitation or training facilities, it shall be andatory that children shall be se!arated fro adults unless they are ebers of the sae faily. ,nder no other circustance shall a child in conflict with the law be !laced in the sae confineent as adults. The rehabilitation, training or confineent area of children in conflict with the law shall !rovide a hoe environent where children in conflict with the law can be !rovided with 9uality counseling and treatent. SEC. 45. %emale Children. - 2eale children in conflict with the law !laced in an institution shall be given s!ecial attention as to their !ersonal needs and !robles. They shall be handled by feale doctors, correction officers and social workers, and shall be accoodated se!arately fro ale children in conflict with the law. SEC. 46. 3ender*Sensiti!ity Training. - -o !ersonnel of rehabilitation and training facilities shall handle children in conflict with the law without having undergone gender sensitivity training. SEC. 49. &stablishment of 4outh Detention 5omes. - The >D,s shall set aside an aount to build youth detention hoes as andated by the 2aily .ourts Act. Bouth detention hoes ay also be established by !rivate and -DAs licensed and accredited by the ?"1?, in consultation with the JJ1.. SEC. 42. Care and Maintenance of the Child in Conflict with the Law. - The e'!enses for the care and aintenance of a child in conflict with the law under institutional care shall be borne by his(her !arents or those !ersons liable to su!!ort hi(her: Provided, That in case his(her !arents or those !ersons liable to su!!ort hi(her cannot !ay all or !art of said e'!enses, the unici!ality where the offense was coitted shall !ay one-third #4(8$ of said e'!enses or !art thereof6 the !rovince to which the unici!ality belongs shall !ay one-third #4(8$ and the reaining one-third #4(8$ shall be borne by the national governent. .hartered cities shall !ay two-thirds #7(8$ of said e'!enses6 and in case a chartered city cannot !ay said e'!enses, !art of the internal revenue allotents a!!licable to the un!aid !ortion shall be withheld and a!!lied to the settleent of said obligations:Provided, further, That in the event that the child in conflict with the law is not a resident of the unici!ality(city where the offense was coitted, the court, u!on its deterination, ay re9uire the city(unici!ality where the child in conflict with the law resides to shoulder the cost. All city and !rovincial governents ust e'ert effort for the iediate establishent of local detention hoes for children in conflict with the law. SEC. 4.. Confinement of Con!icted Children in Agricultural Camps and other Training %acilities. - A child in conflict with the law ay, after conviction and u!on order of the court, be ade to serve his(her sentence, in lieu of confineent in a regular !enal institution, in an agricultural ca! and other training facilities that ay be established, aintained, su!ervised and controlled by the B,.A/, in coordination with the ?"1?. SEC. 41. Rehabilitation of Children in Conflict with the Law. - .hildren in conflict with the law, whose sentences are sus!ended ay, u!on order of the court, undergo any or a cobination of dis!osition easures best suited to the rehabilitation and welfare of the child as !rovided in the "u!ree .ourt /ule on Juveniles in .onflict with the >aw. If the counity-based rehabilitation is availed of by a child in conflict with the law, he(she shall be released to !arents, guardians, relatives or any other res!onsible !erson in the counity. ,nder the su!ervision and guidance of the local social welfare and develo!ent officer, and in coordination with his(her !arents(guardian, the child in conflict with the law shall !artici!ate in counity-based !rogras, which shall include, but not liited to: #4$ .o!etency and life skills develo!ent6 #7$ "ocio-cultural and recreational activities6 #8$ .ounity volunteer !ro)ects6 #*$ >eadershi! training6 #:$ "ocial services6 #;$ Coelife services6 #<$ Cealth services6 . #5$ "!iritual enrichent6 and #=$ .ounity and faily welfare services. In accordance therewith, the faily of the child in conflict with the law shall endeavor to actively !artici!ate in the counity-based rehabilitation. Based on the !rogress of the youth in the counity, a final re!ort will be forwarded by the local social welfare and develo!ent officer to the court for final dis!osition of the case. If the counity-based !rogras are !rovided as diversion easures under .ha!ter II, Title E, the !rogras enuerated above shall be ade available to the child in conflict with the law. SEC. 43. 4outh Rehabilitation Center. - The youth rehabilitation center shall !rovide 7*-hour grou! care, treatent and rehabilitation services under the guidance of a trained staff where residents are cared for under a structured thera!eutic environent with the end view of reintegrating the in their failies and counities as socially functioning individuals. A 9uarterly re!ort shall be subitted by the center to the !ro!er court on the !rogress of the children in conflict with the law. Based on the !rogress of the youth in the center, a final re!ort will be forwarded to the court for final dis!osition of the case. The ?"1? shall establish youth rehabilitation centers in each region of the country. SEC. 44. 'b1ecti!es of Community +ased Programs. - The ob)ectives of counity- based !rogras are as follows: #a$ &revent disru!tion in the education or eans of livelihood of the child in conflict with the law in case he(she is studying, working or attending vocational learning institutions6 #b$ &revent se!aration of the child in conflict with the law fro his(her !arents(guardians to aintain the su!!ort syste fostered by their relationshi! and to create greater awareness of their utual and reci!rocal res!onsibilities6 #c$ 2acilitate the rehabilitation and ainstreaing of the child in conflict with the law and encourage counity su!!ort and involveent6 and #d$ Minii%e the stiga that attaches to the child in conflict with the law by !reventing )ail detention. SEC. 44. Criteria of Community*+ased Programs. - @very >D, shall establish counity-based !rogras that will focus on the rehabilitation and reintegration of the child. All !rogras shall eet the criteria to be established by the JJ1. which shall take into account the !ur!ose of the !rogra, the need for the consent of the child and his(her !arents or legal guardians, and the !artici!ation of the child-centered agencies whether !ublic or !rivate. SEC. 43. After*Care Support Ser!ices for Children in Conflict with the Law. - .hildren in conflict with the law whose cases have been disissed by the !ro!er court because of good behavior as !er recoendation of the ?"1? social worker and(or any accredited -DA youth rehabilitation center shall be !rovided after-care services by the local social welfare and develo!ent officer for a !eriod of at least si' #;$ onths. The service includes counseling and other counity-based services designed to facilitate social reintegration, !revent re-offending and ake the children !roductive ebers of the counity. T!TE &!! #ENERA PR$&!S!$NS C"APTER . E8E%PT!N# PR$&!S!$NS SEC. 67. Status 'ffenees. - Any conduct not considered an offense or not !enali%ed if coitted by an adult shall not be considered an offense and shall not be !unished if coitted by a child. SEC. 68. 'ffenses .ot Applicable to Children. - &ersons below eighteen #45$ years of age shall be e'e!t fro !rosecution for the crie of vagrancy and !rostitution under "ection 7+7 of the /evised &enal .ode, of endicancy under &residential ?ecree -o. 4:;8, and sniffing of rugby under &residential ?ecree -o. 4;4=, such !rosecution being inconsistent with the ,nited -ations .onvention on the /ights of the .hild: Provided, That said !ersons shall undergo a!!ro!riate counseling and treatent !rogra. SEC. 69. &:emption from the Application of Death Penalty. - The !rovisions of the /evised &enal .ode, as aended, /e!ublic Act -o. =4;:, otherwise known as the .o!rehensive ?angerous ?rugs Act of 7++7, and other s!ecial laws notwithstanding, no death !enalty shall be i!osed u!on children in conflict with the law. C"APTER 1 PR$"!B!TE) ACTS SEC. ;<. Prohibition Against Labeling and Shaming. - In the conduct of the !roceedings beginning fro the initial contact with the child, the co!etent authorities ust refrain fro branding or labeling children as young criinals, )uvenile delin9uents, !rostitutes or attaching to the in any anner any other derogatory naes. >ikewise, no discriinatory rearks and !ractices shall be allowed !articularly with res!ect to the child0s class or ethnic origin. SEC. ;=. 'ther Prohibited Acts. - The following and any other siilar acts shall be considered !re)udicial and detriental to the !sychological, eotional, social, s!iritual, oral and !hysical health and well-being of the child in conflict with the law and therefore, !rohibited: #a$ @!loyent of threats of whatever kind and nature6 #b$ @!loyent of abusive, coercive and !unitive easures such as cursing, beating, stri!!ing, and solitary confineent6 #c$ @!loyent of degrading, inhuan end cruel fors of !unishent such as shaving the heads, !ouring irritating, corrosive or harful substances over the body of the child in conflict with the law, or forcing hi(her to walk around the counity wearing signs which ebarrass, huiliate, and degrade his(her !ersonality and dignity6 and #d$ .o!elling the child to !erfor involuntary servitude in any and all fors under any and all instances. C"APTER 3 PENA PR$&!S!$N SEC. ;>. ?iolation of the Pro!isions of this Act or Rules or Regulations in 3eneral. - Any !erson who violates any !rovision of this Act or any rule or regulation !roulgated in accordance thereof shall, u!on conviction for each act or oission, be !unished by a fine of not less than Twenty thousand !esos #&7+,+++.++$ but not ore than 2ifty thousand !esos #&:+,+++.++$ or suffer i!risonent of not less than eight #5$ years but not ore than ten #4+$ years, or both such fine and i!risonent at the discretion of the court, unless a higher !enalty is !rovided for in the /evised &enal .ode or s!ecial laws. If the offender is a !ublic officer or e!loyee, he(she shall, in addition to such fine and(or i!risonent, be held adinistratively liable and shall suffer the !enalty of !er!etual absolute dis9ualification. C"APTER 4 APPR$PR!AT!$N PR$&!S!$N SEC. 33. Appropriations. - The aount necessary to carry out the initial i!leentation of this Act shall be charged to the Affice of the &resident. Thereafter, such sus as ay be necessary for the continued i!leentation of this Act shall be included in the succeeding Deneral A!!ro!riations Act. An initial aount of 2ifty illion !esos #&:+,+++,+++.++$ for the !ur!ose of setting u! the JJ1. shall be taken fro the !roceeds of the &hili!!ine .harity "wee!stakes Affice. T!TE &!!! TRANS!T$R, PR$&!S!$NS SEC. 34. Children in Conflict with the Law %ifteen #=6$ 4ears 'ld and +elow. - ,!on effectivity of this Act, cases of children fifteen #4:$ years old and below at the tie of the coission of the crie shall iediately be disissed and the child shall be referred to the a!!ro!riate local social welfare and develo!ent officer. "uch officer, u!on thorough assessent of the child, shall deterine whether to release the child to the custody of his(her !arents, or refer the child to !revention !rogras as !rovided under this Act. Those with sus!ended 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. 34. Children Detained Pending Dial. - If the child is detained !ending trial, the 2aily .ourt shall also deterine whether or not continued detention is necessary and, if not, deterine a!!ro!riate alternatives for detention. If detention is necessary and he(she is detained with adults, the court shall iediately order the transfer of the child to a youth detention hoe. SEC. 33. )n!entory of @Loc,ed*up@ and Detained Children in Conflict with the Law. - The &-&, the BJM& and the B,.A/ are hereby directed to subit to the JJ1., within ninety #=+$ days fro the effectivity of this Act, an inventory of all children in conflict with the law under their custody. SEC. 35. Children "ho Reach the Age of &ighteen #=8$ 4ears Pending Di!ersion and Court Proceedings. - If a child reaches the age of eighteen #45$ years !ending diversion and court !roceedings, the a!!ro!riate diversion authority in consultation with the local social welfare and develo!ent officer or the 2aily .ourt in consultation with the "ocial "ervices and .ounseling ?ivision #"".?$ of the "u!ree .ourt, as the case ay be, shall deterine the a!!ro!riate dis!osition. In case the a!!ro!riate court e'ecutes the )udgent of conviction, and unless the child in conflict the law has already availed of !robation under &residential ?ecree -o. ;+8 or other siilar laws, the child ay a!!ly for !robation if 9ualified under the !rovisions of the &robation >aw. SEC. 36. Children "ho 5a!e +een Con!icted and are Ser!ing Sentence. - &ersons who have been convicted and are serving sentence at the tie of the effectivity of this Act, and who were below the age of eighteen #45$ years at the tie the coission of the offense for which they were convicted and are serving sentence, shall likewise benefit fro the retroactive a!!lication of this Act. They shall be entitled to a!!ro!riate dis!ositions !rovided under this Act and their sentences shall be ad)usted accordingly. They shall be iediately released if they are so 9ualified under this Act or other a!!licable law. T!TE !8 +!NA PR$&!S!$NS SEC. 39. Rule Ma,ing Power. - The JJ1. shall issue the I//s for the i!leentation of the !rovisions of this act within ninety #=+$ days fro the effectivity thereof. SEC. 52. Separability Clause. - If, for any reason, any section or !rovision of this Act is declared unconstitutional or invalid by the "u!ree .ourt, the other sections or !rovisions hereof not dfected by such declaration shall reain in force and effect. SEC. 5.. Repealing Clause. - All e'isting laws, orders, decrees, rules and regulations or !arts thereof inconsistent with the !rovisions of this Act are hereby re!ealed or odified accordingly. SEC. 51. &ffecti!ity. - This Act shall take effect after fifteen #4:$ days fro its !ublication in at least two #7$ national news!a!ers of general circulation. A!!roved, +RAN9!N )R!$N &resident of the "enate '$SE )E &ENEC!A 'R. "!eaker of the Couse of /e!resentatives This Act which is a consolidation of "enate Bill -o. 4*+7 and Couse Bill -o. :+;: was finally !assed by the "enate and the Couse of /e!resentatives on March 77, 7++;. $SCAR #. ,ABES "ecretary of "enate R$BERT$ P. NA:AREN$ "ecretary Deneral Couse of /e!resenatives A!!roved: A!ril 75, 7++; #$R!A %ACAPA#A;ARR$,$ President of the Philippines The >aw!hil &ro)ect - Arellano >aw 2oundation
United States v. The Southland Corporation and S. Richmond Dole and Eugene Mastropieri, The Southland Corporation, Eugene Mastropieri, 760 F.2d 1366, 2d Cir. (1985)