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Premium member Presentation Transcript Slide 1: 1 REPUBLIC ACT NO. 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 THEREFORE AND OTHER PURPOSES” OR JUVENILE JUSTICE AND WELFARE ACT Coverage : 2 Coverage Different stages involving children at risk and child in conflict with the law (CICL) from prevention to rehabilitation and reintegration Juvenile Justice and Welfare System – refers to a system dealing with children at risk and children in conflict with the law, which provides child appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, reintegration and aftercare to ensure their normal growth and development : 3 Juvenile Justice and Welfare System – refers to a system dealing with children at risk and children in conflict with the law, which provides child appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, reintegration and aftercare to ensure their normal growth and development Slide 4: 4 DECLARATION OF POLICIES The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. shall protect the best interest of the child through measures that will ensure the observance of international standards and child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and express himself/herself freely. Slide 5: 5 recognizes the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development. Recognizes the right of every child alleged as, accused of, adjudged, or recognized as, having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, taking into account the child’s age and desirability of promoting his/her reintegration. Whenever appropriate and desirable, shall adopt measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected DECLARATION . . . Slide 6: 6 shall ensure that children are dealt within a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care. Take into consideration the cultural and religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent with the protection of the rights of children belonging to these communities. Apply the principle of restorative justice in all its laws, policies and programs applicable to children in conflict with the law. DECLARATION . . . Salient Rights of CICL : 7 Salient Rights of CICL Humane treatment No corporal punishment Separation from adults, if detained Access to legal assistance Bail and release on recognizance Privacy Diversion, if qualified Rights . . . : 8 Rights . . . Proportionate judgment Restrictions on liberty kept to a minimum Automatic suspension of sentence Probation, if qualified Confidentiality of proceedings Right against discrimination Constitutional rights Minimum Age of Criminal Liability : 9 Minimum Age of Criminal Liability Exemption for those 15 years of age or younger. However, the child shall be subjected to an intervention program. Conditional exemption for those above 15 and below 18 years of age (unless shown to have acted with discernment) Determination of Age : 10 Determination of Age Presumption of minority Birth / Baptismal Certificate In the absence of said documents Testimonies of other persons Physical appearance In case of doubt, it shall be resolved in his/her favor Slide 11: 11 Juvenile Justice and Welfare Council (JJWC) Creation of Juvenile Justice and Welfare Council chaired by DSWD and under the administrative supervision of the DOJ Composition of JJWC Department of Justice (DOJ); Department of Social Welfare and Development (DSWD); Council for the Welfare of Children (CWC); Department of Education (DepEd); Department of the Interior and Local Government (DILG); Commission on Human Rights (CHR); National Youth Commission (NYC); and Two (2) representatives from non-government organizations Slide 12: 12 Duties and Functions of JJWC Oversee implementation of the Act; Advice the President on all matters and policies relating to juvenile justice and welfare; Assist concerned agencies in the review and redrafting of existing policies/regulations or formulation of new ones; Periodically develop a comprehensive 3 to 5 year national juvenile intervention program; Coordinate the implementation of the juvenile intervention programs and activities; Formulate and recommend policies and strategies in consultation with children; Collect relevant information and conduct continuing research Conduct regular inspection in detention and rehabilitation facilities; Initiate and coordinate the conduct of trainings Submit an annual report to the President; Coordinate with the OCA and Philja; Perform other functions as may be necessary. Slide 13: 13 Family Educational System Mass Media Local Councils for the Protection of Children (LCPC) Establishment and strengthening of LCPCs 1% of the internal revenue allotment of the barangays, municipalities and cities shall be allocated for the strengthening and implementation of the LCPC Local Social Welfare Officer – All LGUs shall appoint a duly licensed social worker as its local social welfare and development officer to assist CICL Sangguniang Kabataan Sectors involved in the Prevention of Juvenile Delinquency Slide 14: 14 Local Comprehensive Juvenile Intervention Program A comprehensive juvenile intervention program covering a 3-year period shall be instituted in LGUs from the provincial to the barangay level. LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their annual budget. Implementation of the comprehensive juvenile intervention program shall be reviewed and assessed annually by LGUs. Slide 15: 15 Community-based Programs on Juvenile Justice and Welfare Shall be instituted by the LGUs through the LCPC, schools, youth organizations and other concerned agencies; Levels of community-based programs Primary – includes general measures to promote social justice and equal opportunity Secondary – includes measures to assist children at risk; Tertiary – includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending Slide 16: 16 Treatment of Children Below the Age of Criminal Responsibility Immediately release the child to the custody of his/her parents/guardians/nearest relative Give notice to the local social welfare and development officer to determine the appropriate programs In the absence of parents/guardians or nearest relative the child maybe released to the following: Duly registered NGO or religious organization; Barangay official or a member of BCPC; Local social welfare and development officer; DSWD, when and where appropriate Slide 17: 17 Juvenile Justice and Welfare System Initial Contact with the Child Immediately but not later than eight (8) hours after apprehension, turn over the child to the custody of social welfare and development office or other accredited non-government organization, and notify the child’s parents/guardian and Public Attorney’s Office of the child’s apprehension. The social welfare and development officer shall explain to the child and the child’s parents/guardians the consequences of child’s act with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate. Slide 18: 18 Diversion Program, where appropriate CICL will undergo diversion program where the imposable penalty for the crime committed is not more than six years imprisonment. A Diversion and rehabilitation program shall be developed. where the imposable penalty for the crime committed exceeds six years imprisonment, diversion measures may be resorted to only by the court. Slide 19: 19 Duties of the Punong Barangay When There is No Diversion Forward the records of the case of the child to the law enforcement officer, prosecutor or the appropriate court, as the case may be, within three (3) days from determination of the absence of jurisdiction over the case or termination of the diversion proceedings. Slide 20: 20 Levels of Diversion Katarungang Pambarangay Police investigation or the inquest or preliminary investigation stage Judicial level Slide 21: 21 Level of the Punong Barangay restitution of property; reparation of the damage caused; indemnification for consequential damages; written or oral apology; care, guidance and supervision orders; counseling for CICL and his/her family; attendance in trainings, seminars and lectures on: anger management skills Problem solving and/or conflict resolution skills Values formation community service Participation in education, vocational and life skills program. Kinds of Diversion Program Slide 22: 22 B. Level of the Law Enforcement Officer and Prosecutor diversion programs under A; confiscation and forfeiture of the proceeds or instruments of the crime. C. Level of the Appropriate Court Diversion programs under paragraphs A&B; Written or oral reprimand or citation; Fine; Payment of the cost of the proceedings; or Institutional care and custody. Slide 23: 23 If during the conferencing, mediation or conciliation, the child voluntary admits the commission of the act, a diversion program shall be developed. Such admission shall not be used against the child in any subsequent judicial/ administrative proceedings. Contract of Diversion Slide 24: 24 Rehabilitation and Reintegration Court Order required Separate facilities from adults Separate facilities for female children Gender Sensitivity Training Establishment of Youth Detention Homes Care and Maintenance of CICL In case parents cannot pay maintenance expenses Municipality where the offense was committed shall pay 1/3 of the expenses Province to which municipality belongs – 1/3 1/3 by the national government Chartered Cities shall pay 2/3 Slide 25: 25 Rehabilitation and Reintegration Confinement of Convicted Children in Agricultural Camp and other Training Facilities Rehabilitation of CICL Under the supervision and guidance of the LSWDO in coordination with his/her parents Youth Rehabilitation Center The DSWD shall establish a Youth Rehabilitation Center in each region of the country. The center shall provide 24-hour group care, treatment and rehabilitation services under the guidance of trained staff where resident are cared for under a structured therapeutic environment with the end in view of reintegrating them into their families and communities Slide 26: 26 Criteria of Community-based Programs Every LGU shall establish community-based programs that will focus on the rehabilitation and reintegration of the child All programs shall meet the criteria to be estalished by the JJWC Slide 27: 27 Those cases dismissed by the proper court because of good behavior as per recommendation of DSWD social worker and/or any accredited NGO shall be provided after-care services by the social welfare and development officer for at least six (6) months. The service includes counseling and other community-based services designed to facilitate social reintegration, prevent re-offending and make the children productive members of the community. After-Care Support Services for Children in Conflict with the Law Slide 28: 28 Labeling and Shaming Employment of threats of whatever kind and nature; Employment of abusive, coercive and punitive measures; Employment of degrading inhuman and cruel forms of punishments; Compelling the child to perform involuntary servitude Prohibited Acts Slide 29: 29 Violation of the Provisions of this Act or Rules or Regulation in General fine of not less than Twenty Thousand Pesos (P20,000.00) but not more than Fifty Thousand Pesos (P50,000.00) or suffer imprisonment of not less than eight years but nor more than ten years, or both such fine and imprisonment at the discretion of the court, unless a higher penalty is provided for in the Revised Penal code or special laws. If the offender is a public officer or employee, he/she, in addition to such fine and/or imprisonment, be held administratively liable and shall suffer the penalty of perpetual absolute disqualification from public office Penal Provision Slide 30: 30 An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the JJWC shall be taken from the proceeds of the Philippine Charity Sweepstakes Office. Thereafter, such sums as may be necessary shall be included in the succeeding General Appropriation Act Appropriation Provision Slide 31: 31 TRANSITORY PROVISIONS Upon effectivity of this act, cases of children fifteen (15) years old and below at the time of the commission of the crime shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and development office. Such officer is to determine if child will be recommended for release or recommend for rehabilitation YRC. Release shall be based on best interest of the child. If the child is detained pending trial, the Family Court shall also determine whether or not continued detention is necessary and if not, determine appropriate alternatives for detention Slide 32: 32 Inventory of “Locked-up and Detained CICL – the PNP, the BJMP and the BUCOR are hereby directed to submit to the JJWC, within 90 days from the effectivity of this Act, an inventory of all CICL under their custody”. [All detention facilities including the NBI, BI, PDEA, Provincial Jails, DILG, DSWD] Children who Reach the Age of 18 Years old Pending Diversion and Court Proceedings – the appropriate diversion authority in consultation with local social welfare and development officer or the Family Court in consultation with the Social Services and Counseling Division (SSCD) of the Supreme Court, as the case may be, shall determine the appropriate disposition TRANSITORY . . . Slide 33: 33 Children Who Have Been Convicted and are Serving Sentence shall benefit from the retroactive application of this Act. They shall be entitled to appropriate dispositions provided under this Act and their sentences shall be adjusted accordingly. They shall be immediately released if they are so qualified under this Act or other applicable law. TRANSITORY . . . Slide 34: 34 THANK YOU!!! You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.