"Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorneys Office of such service, as well as the personal information, and place of detention of the child in conflict with the law. 3324 and House Bill No. UNICEF supports the call of the Council for the Welfare of Children, civil society organizations, professional associations, child protection experts, well-meaning citizens, parents and the youth: Do not to lower the minimum age of criminal responsibility. "As used in this Act, parents shall mean any of the following: "(c) Individuals who have custody of the child. Running head: JUVENILE JUSTICE 1 Juvenile Justice Valarie Murphy-Taylor CRJ 301 Timothy Koester February 18, 2013 JUSTICE 2 Juvenile justice was created in the late 1800’s as reform to U.S. policies with regards to youth offenders. the Juvenile Justice System in the Philippines, amending for the purpose Republic Act No. Section 6 of Republic Act No. JJWA is as a response to the 2009 Concluding Observations of the United Nations Committee on the Rights of the Child and the fulfilment of the Philippines’ obligation to the CRC. All laws, decrees, ordinances and rules inconsistent with the provisions of this Act are hereby modified or repealed accordingly. The JJWC shall lead in the establishment of a centralized information management system on children in conflict with the law. The law makes it clear – without a doubt – that there is a need for a separate juvenile justice system where detention is the last resort. "(3) The particular needs of children in conflict with the law in custody within their regional jurisdiction. "SEC. Text for H.R.6964 - 115th Congress (2017-2018): Juvenile Justice Reform Act of 2018 Republic Act 9344 or the Juvenile Justice Law of 2006 sets the minimum age of criminal liability at 15 years old. "The parents shall be liable for damages unless they prove, to the satisfaction of the court, that they were exercising reasonable supervision over the child at the time the child committed the offense and exerted reasonable effort and utmost diligence to prevent or discourage the child from committing another offense. 20-E. Assistance to Victims of Offenses Committed by Children. Section 13. With the signing of the Juvenile Justice and Welfare Act 2006 by President Gloria Macapagal-Arroyo, the Philippines introduced a new juvenile justice system. The majority (59. UNICEF continues to work with child rights groups in safeguarding the rights of children and ensuring access to rehabilitation opportunities. It upholds the basic principle that a child must not be treated as an adult as enshrined in the United Nations Convention on the Rights of the Child (CRC) signed and ratified by the Philippines: "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.". 9344, otherwise known as the Juvenile Justice and Welfare Act of 2006, in order to improve its implementation. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile Justice andWelfare System as a system dealing with children at risk and children in conflict with the law, whichprovides child-appropriate proceedings, including programs and services for … THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 NO. The federal Juvenile Justice and Delinquency Prevention Act (JJDPA) established in 1974 and last reauthorized in 2002, provides crucial support for state programs that assist communities to take a comprehensive approach to juvenile crime prevention and to address the needs of vulnerable youth and those of their families early and effectively. 20. This Act which is a consolidation of Senate Bill No. No penalty shall be imposed on children for said violations, and they shall instead be brought to their residence or to any barangay official at the barangay hall to be released to the custody of their parents. %) apprehended were between 17 and 21 years old, while another 31. ", "SEC. A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. "There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each region. 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. I AM IN FAVOR OF THIS GREAT ACT BY OUR LAWMAKERS. 9344 is hereby amended to read as follows: "SEC. 8. It replaced the Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, and allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults. "The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be designated by the concerned heads of the following departments or agencies and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations: "(2) Department of Social Welfare and Development (DSWD); "(3) Council for the Welfare of Children (CWC); "(5) Department of the Interior and Local Government (DILG); "(8) Two (2) representatives from NGOs, to be designated by the Secretary of Social Welfare and Development, to be selected based on the criteria established by the Council; "(10) One (1) representative each from the League of Provinces, League of Cities, League of Municipalities and League of Barangays. Section 2. Background: The week of December 10, more than a year after the House and Senate passed standalone reauthorization bills for the Juvenile Justice and Delinquency Prevention Act (JJDPA), Congress passed H.R. "The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and welfare system. A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. The Philippines, as a State Party to the Convention, committed to develop and implement a comprehensive juvenile justice policy, which came in the form of the 2006 Juvenile Justice and Welfare Act (JJWA), seen as an example of good legislation by the international community. 603, as amended, and shall be mandatorily placed in a special facility within the youth care faculty or Bahay Pag-asa called the Intensive Juvenile Intervention and Support Center (IJISC). JJG Juvenile Justice Group JWU Juvenile Welfare Unit LGC Local Government Code (1992) LGU Local Government Unit NAPOLCOM National Police Commission NCSD National Council for Social Development NGO Non-Government Organisation PAO Public Attorney’s Office PAYO Philippines Action for Young Offenders PD Presidential Decree RA Republic Act 9344 is hereby amended to read as follows: "SEC. Using misleading information, there are those who claim that the law has failed. Section 49 of Republic Act No. This Center will be allocated for children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof. Repetition of Offenses. It shall ensure the effective implementation of this Act at the regional and LGU levels and the coordination among its member agencies. Duties and Functions of the RJJWC. But this is not a fact. UNICEF makes this urgent call today – on the 13th anniversary of the Juvenile Justice and Welfare Act – and reiterates its commitment to promote the rights of all children, including children in conflict with the law and children-at-risk. the petty offence, serious offences and heinous offences. Children Below the Age of Criminal Responsibility. "(i) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary recommendations to appropriate agencies; "(j) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program; "(k) To submit an annual report to the President on the implementation of this Act; and, "(l) To perform such other functions as may be necessary to implement the provisions of this Act.". "Every Bahay Pag-asa will have a special facility called the IJISC. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. Rather, it regards them as victims of their circumstances. These children will be required to undergo a more intensive multi-disciplinary intervention program. GENERAL … Separability Clause. ", "SEC. Delinquent youth doubled from 3,814 in 1987 to 6,778 in 1989. 9344 is hereby amended to read as follows: "SEC. "The social worker shall conduct an initial assessment to determine the appropriate interventions and whether the child acted with discernment, using the discernment assessment tools developed by the DSWD. Care and Maintenance of the Child in Conflict with the Law. It is, without question, an ideal policy which exemplifies the highest level of child protection. The court will determine the next period of assessment or hearing on the commitment of the child. 8% were between 13 and 16 years old. All duty-bearers, including barangay/BCPC workers, law enforcers, teachers, guidance counselors, social workers and prosecutors who will receive report, handle or refer cases of children in conflict with the law, shall ensure a faithful recordation of all pertinent information, such as age, residence, gender, crime committed or accused of and the details of the intervention or diversion, as the case may be, under which they will undergo or has undergone, of all children in conflict with the law to guarantee the correct application of the provisions of this Act and other laws. Congress must support the full implementation of the Juvenile Justice and Welfare Act. "In addition, the Council may accept donations, grants and contributions from various sources, in cash or in kind, for purposes relevant to its functions, subject to the usual government accounting and auditing rules and regulations.". The information must allege that the child acted with discernment.". 9344 is hereby amended to read as follows: "SEC. The Act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. Lowering the minimum age of criminal responsibility is not the answer. SUMMARY OF REPUBLIC ACT NO. Follow UNICEF Philippines on Facebook, Twitter and Instagram. Children in conflict with the law are already victims of circumstance, mostly because of poverty and exploitation by adults. 9344 is hereby amended to read as follows: "SEC. The Secretary of Social Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC national secretariat and the RJJWC secretariat. "The JJWC shall submit an annual report to Congress on the implementation of the provisions of this Act. The ordinance shall also provide for intervention programs, such as counseling, attendance in group activities for children, and for the parents, attendance in parenting education seminars.". AGLIPAY, MICHAEL EDGAR Y. Section 15. And In the year 1960, a model legislation Children Act was passed for use in Union Territories. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under Presidential Decree No. The local social worker shall do either of the following: "(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but below eighteen (18) years old, who acted without discernment; and, "(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed to diversion under the following chapter.". 9344 is hereby amended to read as follows: "An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile justice and Welfare Council under the Department of Social Welfare and Development, Appropriating Funds Therefor, and for Other Purposes.". 63. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the budget of the DSWD under the annual General Appropriations Act: Provided, That the amount of Four hundred million pesos (P400,000,000.00) shall be appropriated for the construction of Bahay Pag-asa rehabilitation centers in provinces or cities with high incidence of children in conflict with the law to be determined and identified by the DSWD and the JJWC on a priority basis: Provided, further, That the said amount shall be coursed through the Department of Public Works and Highways (DPWH) for its proper implementation. Section 17. Appropriations. "(g) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to conduct regular inspections in detention and rehabilitation facilities within the region and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary reports and recommendations to appropriate agencies and to the JJWC; "(h) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program within the region; "(i) To submit an annual report to the JJWC on the implementation of this Act; and, "(j) To perform such other functions as may be determined by the JJWC to implement the provisions of this Act.". Section 8. Section 14. 9344, otherwise known as the Juvenile Justice and Welfare Act of 2006, in order to improve its implementation. 4. By Julie Anne V. Antolo and Trixie Mae F. Perez. Section 11. 9344 is hereby amended to read as follows: "SEC. Duterte, as early as the 2016 campaign, had sought the amendment of Republic Act 9344 or the Juvenile Justice Act of 2006, which allowed children … Section 16. In the Philippines, a child or minor or juvenile or youth is any person below 21 years of age except those emancipated in accordance with law. We call on the Government to work with child rights defenders and strengthen the juvenile justice system for the sake of all Filipino children. Senate amends Juvenile Justice and Welfare Act of 2006. 10 9344, the Juvenile Justice and Welfare Act of 2006 and Section 14 of Republic Act 11 10630 or “An Act Strengthening The Juvenile Justice System in the Philippines, 12 Amending for the Purpose Republic Act No. Definition of Terms. UNICEF urges the Philippine Government to celebrate the 13th anniversary of the Juvenile Justice and Welfare Act by upholding the rights and best interests of the children and to lead the full and effective implementation of the law. 9344 is hereby amended to read as follows: "SEC. "(3) The particular needs of children in conflict with the law in custody. History of Juvenile Justice Act. Children need access to rehabilitation services because they deserve a second chance. The Title of Republic Act No. The JJWC shall be chaired by an Undersecretary of the Department of Social Welfare and Development. All programs relating to juvenile justice and welfare shall be adopted in consultation with the JJWC; "(f) To consult with the various leagues of local government officials in the formulation and recommendation of policies and strategies for the prevention of juvenile delinquency and the promotion of juvenile justice and welfare; "(g) To formulate and recommend policies and strategies in consultation with children for the prevention of juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of the children in conflict with the law; "(h) To collect relevant information and conduct continuing research and support evaluations and studies on all matters relating to juvenile justice and welfare, such as, but not limited to: "(1) The performance and results achieved by juvenile intervention programs and by activities of the local government units and other government agencies; "(2) The periodic trends, problems and causes of juvenile delinquency and crimes; and. Mandatory Registry of Children in Conflict with the Law. 22. The Senate today approved on final reading a bill amending Republic Act No. The court, where the petition for involuntary commitment has been filed shall decide on the petition within seventy-two (72) hours from the time the said petition has been filed by the DSWD/LSWDO. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. 9344, OTHERWISE KNOWN AS THE “JUVENILE JUSTICE AND WELFARE ACT OF 2006” AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: (Sgd.) Each province and highly-urbanized city (the LGUs) shall be responsible for building, funding and operating a Bahay Pag-asa within their jurisdiction following the standards that will be set by the DSWD and adopted by the JJWC. Duties During Initial Investigation. ways. An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, A boy staying in the Department of Social Welfare and Development’s Regional Rehabilitation Center for Youth in Argao, Cebu province, Philippines. The JJWC shall have the following duties and functions: "(a) To oversee the implementation of this Act; "(b) To advise the President on all matters and policies relating to juvenile justice and welfare; "(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the formulation of new ones in line with the provisions of this Act; "(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the participation of government agencies concerned, NGOs and youth organizations; "(e) To coordinate the implementation of the juvenile intervention programs and activities by national government agencies and other activities which may have an important bearing on the success of the entire national juvenile intervention program. Among the many provisions seeking to protect children in conflict with the law, the legislation calls for restorative justice to … Duties and Functions of the JJWC. But what is really disconcerting is the kind of environment or living conditions these children are facing. Establishment of Bahay Pag-Asa. "SEC. MARILYN B. BARUA-YAPSecretary GeneralHouse of Representatives, (Sgd.) "The RJJWC will be composed of permanent representatives who shall have a rank not lower than an assistant regional director or its equivalent to be designated by the concerned department heads from the following agencies and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations: "(ii) Department of Social Welfare and Development (DSWD); "(iv) Department of the Interior and Local Government (DILG); "(vii) Two (2) representatives from NGOs operating within the region selected by the RJJWC based on the criteria established by the JJWC; "(viii) One (1) sectoral representative from the children or youth sector within the region; and. "(ix) One (1) representative from the League of Provinces/ Cities/ Municipalities/ Barangays of the Philippines. 49. This video shows brief explanations about the Juvenile Justice and Welfare Act. The structure of the Juvenile Justice Act 2015 are as follows. The following terms as used in this Act shall be defined as follows: "(s) Bahay Pag-asa refers to a 24-hour child-caring institution established, funded and managed by local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. Adopted on 20 May 2006 and amended in 2013, RA 9344 or the Juvenile Justice and Welfare Act (JJWA) promotes the creation of a child-friendly justice system focused on rehabilitation and restoration rather than punishment. Despite limited resources and support, the implementing bodies and civil society groups are doing their best to strengthen and improve the system. Section 20 of Republic Act No. The JJWC shall promulgate the necessary rules and regulations within sixty (60) days from the effectivity of this Act. Bill Status: Pending with the Committee on JUSTICE since 2019-07-23 AN ACT ESTABLISHWG A COMPREHENSIVE JUVENTLE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVEN!LE JUSTICE AND WEUARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AM) FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. The RJJWCs will be under the administration and supervision of the JJWC. Section 9 of Republic Act No. 9344 or the "Juvenile Justice and Welfare Act of 2006." Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve. ", "SEC. The Patna High Court is of the view that the conditions as enunciated in Section 37 of The Narcotic Drugs and Psychotropic Substances Act, 1985, will not be applicable in the case of a juvenile.Justice Sudhir Singh also opined that the intention of the legislature was to given an overriding… While the current juvenile justice … Implementing Rules and Regulations. A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits an offense for the second time or oftener: Provided, That the child was previously subjected to a community-based intervention program, shall be deemed a neglected child under Presidential Decree No. Juvenile justice in the Philippines has been a growing concern for local and international rights groups. 9344 AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled: Section5. But beyond the accolades and the recognition of the international community, the value of this law lies in how it has changed the lives of many Filipino children who were given a second chance in life. UNICEF urges the Philippine Government to celebrate the 13th anniversary of the Juvenile Justice and Welfare Act by upholding the rights and best interests of the children and to lead the full and effective implementation of the law. "The JJWC shall convene within fifteen (15) days from the effectivity of this Act. 6964, the Juvenile Justice Reform Act of 2018. "The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties and functions, as herein provided.". Section 22 of Republic Act No. "The local social welfare and development officer shall determine the appropriate programs for the child who has been released, in consultation with the child and the person having custody over the child. The erring child must be rehabilitated and reintegrated into society if the child must take responsibility for his or her action and mend the broken relationship with the community and the victim. AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. The court will determine the initial period of placement of the child within the IJISC which shall not be less than one (1) year. "A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her birthdate. "A court exercising jurisdiction over a child in conflict with the law may require the attendance of one or both parents of the child at the place where the proceedings are to be conducted. 20-A. Section 57 of Republic Act No. Recently, there have been efforts to undermine the impact of the Juvenile Justice and Welfare Act by proposing to lower the minimum age of criminal responsibility. 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