JUVENILE JUSTICE AND WELFARE ACT [R.A. NO. 9344, AS AMENDED BY R.A. NO. 10630]

The Juvenile Justice and Welfare Act of 2006 (R.A. No. 9344), as amended by R.A. No. 10630, governs the treatment of children in conflict with the law (CICL) in the Philippines. The law embodies the principle of restorative justice and underscores the importance of rehabilitation and reintegration over punitive measures. Below is an exhaustive summary of its provisions:

I. Declaration of Policy

Best Interests of the Child: The State upholds the rights of CICL and focuses on their rehabilitation rather than punishment.
Restorative Justice: Addresses the offense while promoting accountability, reconciliation with victims, and community involvement.
Non-discrimination: All children, regardless of social background, are entitled to protection and treatment.

II. Definitions

Child in Conflict with the Law (CICL): A child below 18 who is alleged to have committed an offense.
Child at Risk (CAR): A child vulnerable to committing crimes due to circumstances such as abandonment, abuse, or exposure to criminal activities.
Restorative Justice: Processes where the offender, victim, and community participate in resolving issues arising from the crime.

III. Minimum Age of Criminal Responsibility

Original Threshold (R.A. 9344):
- Children 15 years old and below are exempt from criminal liability but subject to intervention.
- Children 15 to below 18 years old are exempt unless acting with discernment.
Amendment (R.A. 10630):
- Children below 15 years old remain exempt from criminal liability.
- The "discernment" rule applies to children aged 15 to below 18.

IV. Key Provisions and Processes

1. Exemption from Criminal Liability

CICL are not exempt from civil liability arising from their actions.
Children exempt from criminal liability undergo an intervention program to address behavioral concerns.

2. Determination of Discernment

Discernment refers to the ability of the child to understand the consequences of their actions and distinguish right from wrong. Determination is made based on:
- Circumstances of the offense
- Testimonies
- Psychological assessments

3. Juvenile Justice and Welfare Council (JJWC)

The JJWC is the lead agency tasked with implementing R.A. No. 9344, monitoring compliance, and formulating programs for CICL.

4. Intervention and Diversion

Intervention: A series of structured activities such as counseling, education, and skills training aimed at preventing reoffending.
Diversion Programs: Alternatives to judicial proceedings for children who admit responsibility for the offense. These programs are community-based and tailored to the child’s needs.

5. Handling of CICL

Police Duties:
- CICL cannot be detained in jail but must be placed under the custody of social workers or parents.
- Custody procedures must follow the "best interests of the child" principle.
Barangay Role:
- Barangay officials can mediate and conduct interventions for minor offenses.
Prosecution and Courts:
- Family courts have jurisdiction over CICL cases.
- CICL must be accompanied by a parent, guardian, or social worker during proceedings.

6. Youth Detention and Rehabilitation Centers

Facilities like Bahay Pag-asa provide temporary custody, rehabilitation, and reintegration programs for CICL.

7. Repeat Offenders and Habitual Delinquents

CICL with repeated offenses undergo stricter rehabilitation programs but are not subjected to adult penalties.

V. Prohibited Acts

Detaining Children with Adults: Strict prohibition against placing CICL in jails with adult detainees.
Torture and Cruel Treatment: Any form of abuse or inhumane treatment is punishable by law.
Labeling and Stigmatization: Use of derogatory terms or labels against CICL is prohibited.

VI. Rehabilitation and Reintegration

Aftercare Programs: CICL who have completed diversion or rehabilitation programs are provided reintegration support.
Community-Based Rehabilitation: Programs focus on family participation, community involvement, and education.

VII. Amendment under R.A. No. 10630

R.A. 10630 introduced reforms to strengthen the juvenile justice system, including:

Establishment of Additional Bahay Pag-asa Facilities:
- Each province and highly urbanized city is required to have at least one Bahay Pag-asa.
Enhanced Role of LGUs:
- Local government units must ensure funding and implementation of juvenile programs.
Strengthened Role of the JJWC:
- Increased budgetary and administrative powers.
Improved Diversion Framework:
- Mandates clearer procedures for diversion programs, ensuring wider application and accountability.

VIII. Penalties for Violations

Violations of the law, such as failing to provide proper intervention or mistreating CICL, are subject to administrative, civil, and criminal liabilities.

IX. Summary of Key Objectives

Ensure no child is criminalized or punished in a manner that undermines their development.
Promote the child's reintegration into society.
Strengthen the partnership between the government, NGOs, and communities in protecting the welfare of CICL.

The Juvenile Justice and Welfare Act continues to be a cornerstone of child rights advocacy in the Philippines, balancing accountability with the goal of giving children a second chance at life.