The Philippine Juvenile System: What Is Juvenile Justice and Welfare Council (JJWC)

The Philippine Juvenile System
What is Juvenile Justice and Welfare Council (JJWC)

A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the
Department of Justice and placed under its administrative supervision. The JJWC shall be
chaired by an undersecretary of the Department of Social Welfare and Development. It shall
ensure the effective implementation of this Act and coordination among the following agencies:

Procedure for Taking the Child into Custody
From the moment a child is taken into custody, the law enforcement officer shall:
 Explain to the child in simple language and in a dialect that he/she can understand why
he/she is being placed under custody and the offense that he/she allegedly committed;
 Inform the child of the reason for such custody and advise the child of his/her constitutional
rights in a language or dialect
understood by him/her;
 Properly identify himself/herself and present proper identification to the child;
 Refrain from using vulgar or profane words and from sexually harassing or abusing, or
making sexual advances on the child in conflict with the law;
 Avoid displaying or using any firearm, weapon, handcuffs or other instruments of
force or restraint, unless absolutely necessary and only after all other methods of
control have been exhausted and have failed;
 Refrain from subjecting the child in conflict with the law to greater restraint than is
necessary for his/her apprehension;
 Avoid violence or unnecessary force;
 Determine the age of the child pursuant to Section 7 of this Act;
 Immediately but not later than eight (8) hours after apprehension, turn over custody
of the child to the Social Welfare and Development Office or other accredited NGOs,
and notify the child's apprehension. The social welfare and development officer shall
explain to the child and the child's parents/guardians the consequences of the child's
act with a view towards counseling and rehabilitation, diversion from the criminal
justice system, and reparation, if appropriate;
 Take the child immediately to the proper medical and health officer for a thorough
physical and mental examination. The examination results shall be kept confidential
unless otherwise ordered by the Family Court. Whenever the medical treatment is
required, steps shall be immediately undertaken to provide the same;
 Ensure that should detention of the child in conflict with the law be necessary, the
child shall be secured in quarters separate from that of the opposite sex and adult
offenders;
 Record the following in the initial investigation:
 Whether handcuffs or other instruments of restraint were used, and if so, the
reason for such;
 That the parents or guardian of a child, the DSWD, and the PA0 have been
informed of the apprehension and the details thereof; and
 The exhaustion of measures to determine the age of a child and the precise details
of the physical and medical examination or the failure to submit a child to such
examination; and
 Ensure that all statements signed by the child during investigation shall be witnessed
by the child's parents or guardian, social worker, or legal counsel in attendance who
shall affix his/her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement
officer of the same gender and shall not be locked up in a detention cell.
SEC. 23. System of Diversion. - Children in conflict with the law shall undergo
diversion programs without undergoing court proceedings subject to the conditions
herein provided:
 Where the imposable penalty for the crime committee is not more than six (6)
years imprisonment, the law enforcement officer or Punong Barangay with the
assistance of the local social welfare and development officer or other members
of the LCPC shall conduct mediation, family conferencing and conciliation and,
where appropriate, adopt indigenous modes of conflict resolution in accordance
with the best interest of the child with a view to accomplishing the objectives of
restorative justice and the formulation of a diversion program. The child and
his/her family shall be present in these activities.
 In victimless crimes where the imposable penalty is not more than six (6) years
imprisonment, the local social welfare and development officer shall meet with
the child and his/her parents or guardians for the development of the
appropriate diversion and rehabilitation program, in coordination with the
BCPC;
 Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court.
SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor
shall conduct a preliminary investigation in the following instances: (a) when the
child in conflict with the law does not qualify for diversion: (b) when the child,
his/her parents or guardian does not agree to diversion as specified in Sections 27
and 28; and (c) when considering the assessment and recommendation of the social
worker, the prosecutor determines that diversion is not appropriate for the child in
conflict with the law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify
the Public Attorney's Office of such service, as well as the personal information, and
place of detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor, the information against the
child shall be filed before the Family Court within forty-five (45) days from the start of
the preliminary investigation.

SEC. 38. Automatic Suspension of Sentence. - Once the child who is under
eighteen (18) years of age at the time of the commission of the offense is found guilty
of the offense charged, the court shall determine and ascertain any civil liability
which may have resulted from the offense committed. However, instead of
pronouncing the judgment of conviction, the court shall place the child in conflict
with the law under suspended sentence, without need of application: Provided,
however, That suspension of sentence shall still be applied even if the juvenile is
already eighteen years (18) of age or more at the time of the pronouncement of
his/her guilt.
Upon suspension of sentence and after considering the various circumstances of the
child, the court shall impose the appropriate disposition measures as provided in the
Supreme Court Rule on Juveniles in Conflict with the Law.
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the
recommendation of the social worker who has custody of the child, the court shall
dismiss the case against the child whose sentence has been suspended and against
whom disposition measures have been issued, and shall order the final discharge of
the child if it finds that the objective of the disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability
resulting from the commission of the offense, which shall be enforced in accordance
with law.
A. Treatment of Children below the Age of Criminal Responsibility
If it has been determined that the child taken into custody is 15 years old or below, the
authority which will have an initial contact with the child, in coordination with the Local
Social Welfare Development Officer (LSWDO), has the duty to immediately release the
child to the custody of his/her parents or guardian, or in the absence thereof, to the
child’s nearest relative. If they cannot be located or they refuse to take custody of the
child, the CICL may be released to any of the following: a duly registered
nongovernmental or religious organization, a barangay official or a member of the
Barangay Council for the Protection of Children (BCPC), LSWDO, or the Department of
Social Welfare and Development (DSWD).
Authorities which have initial contact with the child refer to law enforcement officers or
private citizens apprehending or taking custody of the CICL. If the LSWDO determines
that the child is abandoned, neglected or abused by his parents, and the best interest of
the child requires that he/she be placed in a youth care facility or “Bahay Pag-asa”, the
child’s parents or guardians shall execute a written authorization for the voluntary
commitment of the child. But if there are no parents or guardians, or they will not
execute it, the LSWDO or the DSWD shall file the proper petition for involuntary
commitment. Only those who are at least 12 years old can be committed to a youth care
facility.
B. Treatment of CICL Depending on Whether They Acted with or without
Discernment
The social worker using the discernment assessment tools developed by the
DSWD will come up with an initial assessment which is without prejudice to the
preparation of a more comprehensive case study report. The local social worker can
either release or commit the child to a youth care facility if he/she is 15 years or
below or above 15 but below 18 years old but who acted without discernment.
However, if the child is above 15 years old but below 18 and who acted with
discernment, diversion should be implemented.
C. System of Diversion
If the imposable penalty for the crime is not more than six years’ imprisonment, mediation,
family conferencing and conciliation, or other indigenous modes of conflict resolution in
consonance with restorative justice shall be facilitated by the law enforcement officer or Punong
Barangay with the assistance of the LSWDO or members of the BCPC. Both the child and his/her
family shall be present in these activities.

*In victimless crimes where the imposable penalty is not more than six years’ imprisonment, the
LSDO shall develop an appropriate diversion and rehabilitation program, in coordination with the
BCPC. Again, involvement of the child and his/her parents or guardians is a must.

*Where the imposable penalty for the crime committed exceeds six years’ imprisonment, diversion
measures will only be decided by the courts.

*The diversion program shall cover socio-cultural and psychological services for the
child which may include: reparation of the damage caused, counselling, participation
in available community-based programs, or in education, vocation and life skills
programs.

*At the level of the appropriate court, in addition to the programs cited, diversion
programs can also include reprimand, fine or institutional care and custody.

*A diversion program will depend on the individual characteristics and the peculiar
circumstances of the CICL. Some of these factors are: the child’s feelings of remorse;
the ability of the parents or the guardians to supervise, the victim’s view; and, the
availability of community-based programs for rehabilitation and reintegration of the
child.
*In case of failure to comply with the terms and conditions of the contract of
diversion as certified by the LSWDO the offended party can institute the appropriate
legal action. Also, if no diversion took place because the imposable penalty exceeds
six years, or the child or his/her parents does not consent to diversion, the case shall
be filed according to the regular processes.

D. Release on Recognizance
Where a child is detained, the court shall order the release of the minor on bail or release on
recognizance to his/her parents and other suitable person. The court has also the option to transfer the
minor to a youth care facility. In no case shall the court order the detention of a child in a jail pending
trial or hearing of his/her case.

E. Discharge of the Child in Conflict with the Law
When at the time of the commission of the offence, the child is under 18 years old and subsequently he
is found guilty of the offence charged, the court shall place the CICL under suspended sentence without
need of application. Suspension of sentence shall still be applied even if he/she is more than 18 years old at
the time of the pronouncement of his/her guilt.
The court shall impose the appropriate disposition measures in consideration of the various
circumstances of the CICL. Upon recommendation of the social worker who has custody of the child, the
court shall dismiss the case if it finds that the objectives of the disposition measures have been fulfilled.

F. Confinement of Convicted Children in Agricultural Camps and Training
Facilities
After conviction and upon order of the court to serve his/her sentence, a CICL may
in lieu of confinement in a regular penal institution, serve in an agricultural camp and
other training facilities that may be supervised by the Bureau of Correction, in
coordination with the DSWD.

G. Competent Authority
Family Courts have exclusive jurisdiction over cases involving children in conflict
with the law. Jurisdiction is vested with Regional Trial Courts in places where there are
no family courts.

THE PHILIPPINES’ INSTITUTIONAL TREATMENT OF CICL

Republic Act No. 10630 or the Act Strengthening the Juvenile Justice System
provided for the establishment of an Intensive Juvenile Intervention and Support Center
for children (IJISC) under the minimum age of criminal responsibility in “Bahay Pag-
asa”.

Take Note: The “Bahay Pag-asa” is a 24-hour child-care institution funded and
managed by local government units (LGU) and licensed and/or accredited non-
government organizations. Children in conflict with the law who are 15 to 18 years old
shall be housed in these temporary shelters while awaiting trial and the judgement to be
rendered by the courts.

THE PHILIPPINES’ COMMUNITY-BASED (NON-INSTITUTIONAL) TREATMENT OF CICL
A. Who can avail?

One of the disposition measures that can be availed of by a CICL under suspended
sentence is Community-based Rehabilitation wherein he/she shall be released to
parents, guardians, relatives or any other responsible person in the community. The
LSWDO shall supervise the CICL in coordination with his/her parents/guardian.
Examples of these programs are: competency and life skills development; socio-cultural
and recreational activities; community volunteer projects; leadership training; spiritual
enrichment; and, family welfare services. A child under the minimum age of criminal
responsibility shall also be subjected to a community-based intervention program
supervised by the LSWDO.

B. Cooperation between Community-based Treatment and Institutional Treatment
If the best interest of the child requires, the CICL shall be referred to a youth care
facility or ‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs
monitored by the DSWD. As mentioned previously, a CICL who was previously subjected
to a community-based intervention programme can be deemed a neglected child. As
such, he/she shall undergo an intensive intervention programme supervised by the
LSWDO.

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