Feelings of remorse 2. Ability of parents or legal guardians to guide and supervise; 3. Victims view about the propriety of the measure to be imposed ; and 4. Availability of community based programs for rehabilitation and reintegration of the child. Restitution of property Reparation of damage caused Indemnification for consequential damages Written or oral apology Care, guidance and supervision orders.
Training, seminars and lectures on anger management values formation problem solving skills that will aid the child in dealing with the situation which can lead to repetition. DPs specified under 1 a to 1 g ; and b. Confiscation and forfeiture of the instruments of the crime. DPs specified under 1 a to 1 g ; b. Note: Sec. The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities. When diversion is deemed terminated as earlier mentioned or that the CICL is over 15 and under 18 years old who acted with discernment and the imposable penalty for the offense is more than 6 years, the law enforcer shall refer the case to the prosecutor who, before proceeding to preliminary investigation, shall still endeavour to arrive at an agreement to a diversion program.
It shall be the duty of the prosecutor to notify the PAO and ensure that the childs rights have been protected such that it is incumbent upon him to investigate allegations of torture, deprivation of or unnecessary restrictions on liberty, if any.
Should there be a determination of probable cause, an information shall be filed before the Family Court within 45 days from the start of the preliminary investigation. When the case reaches the court, it shall determine whether or not diversion is appropriate provided that the imposable penalty on the offense charged is more than 6 but not more than 12 years imprisonment.
Pending trial, the court may release children in detention on bail or recognizance. In all other cases, detention may be replaced by alternative measures such as close supervision, intensive care or placement with a family, educational setting or home.
The child may be committed to the care of the DSWD, local rehab center recognized by government. Once a child under 18 years at the time of the commission of the offense is found guilty, sentence shall be automatically suspended.
Should community based rehabilitation be inappropriate, the court may order the commitment of the child to a : a rehabilitation center; b youth detention center;. Prevent disruption of the education or means of livelihood of the child; b.
Prevent separation from the family; c. Facilitate rehabilitation and mainstreaming of the child; and d. Minimize stigma on the child. If cannot be located and the child is abandoned, neglected or abused, a petition of involuntary commitment shall be filed by the social worker. Those above 15 but below 18 at the commission of the offensei. If qualified, child shall be immediately released under the Act or applicable law.
Upon application, the court may grant probation to the child in lieu of imprisonment for the remaining sentence. Section 42, RA Open navigation menu. Close suggestions Search Search. User Settings. Skip carousel. From the moment the child is taken into custody, the law enforcement officer shall faithfully observe the following procedures, as provided in Section 21 of the Act:.
The notification shall be made not later than eight 8 hours after apprehension. The reason for placing the child under custody; b. The offense allegedly committed; and c. If the child cannot understand the language or local dialect or suffers from disability, an interpreter or a mental health professional shall be provided.
Whenever medical treatment is required, steps shall be immediately undertaken to provide the same. However, in cases where the child is fifteen 15 years old or below, the law enforcement officer shall immediately release the child to the custody of the childs parents or guardian, or in their absence, the childs nearest relative, upon assessment and recommendation of the Local Social Welfare Development Officer, in accordance with Rule The above procedure must be followed, in strict observance of the prohibitions provided in Section 21 of the Act and in RULE 32 herein, while the child is in the custody of a law enforcement officer.
A child in conflict with the law shall only be searched by a law enforcement officer of the same gender, as prescribed in Section 21 of the Act. It is the duty of the enforcement officer to refer the child to the LSWDO for the determination of discernment as provided under Rule The initial investigation is the stage after initial contact, when the law enforcement officer gather relevant evidence including the testimonies of witnesses, documents,.
The conduct of the initial investigation shall be guided by the principle of the best interest of the child and consideration for the concerns and needs of the victim.
It is the duty of the law enforcement officer to refer the child to the LSWDO for the determination of discernment as provided under Rule The law enforcement officer may interview a child for the purpose of determining the childs personal circumstance including among others, his or her name, name of his or her parents, the childs date of birth, and home address.
No law enforcement officer shall compel any child to make any statement or provide any information that might incriminate the child. The law enforcement officer shall have the duty to inform the child of his or her rights under the Constitution and under RA Any statement or information made by the child referring to the crime shall require the presence of the following persons provided in Section 22 of the Act:.
The childs counsel of choice or in the absence thereof, a lawyer from the Public Attorneys Office;. The law enforcement officer from the Women and Child Protection Desk shall conduct the interview of the child.
As provided in Section 21 m of the Act, the law enforcement officer from the Women and Child Protection Desk shall ensure that all statements signed or thumb marked by the child during the investigation shall be witnessed by the childs parents or guardian, the LSWDO, and counsel in attendance, who shall affix their signatures to the said statement.
After the initial investigation, the law enforcement officer conducting the same shall prepare a report, which contains the following information:. After the initial investigation, the law enforcement officer shall determine if the case of the child shall be referred to:. The report on the initial investigation, as required under RULE 27, shall state where the case shall be referred to, and the basis for such disposition, which shall include the following information:.
In all cases, the law enforcement officer shall turn over the physical custody of the child to the LSWDO within eight 8 hours from apprehension, as required under Section 21 i of the Act. The physical custody of the child shall be transferred to the LSWDO, even if the law enforcement officer has not yet exhausted all measures to determine the age of the child under Rule After the physical custody of the child is turned over, the LSWDO shall then explain to the child and the childs parents or guardians, the consequences of the childs act with a view towards providing counseling and rehabilitation; diversion from the criminal justice 22 P a g e.
In the event that a child whose custody is turned over by the law enforcement officer is fifteen 15 years old or below, the LSWDO shall take all measures to release the child to the parents or guardians, or to any of the persons or organizations provided in Rule Pending the turn over of the custody of the child to the parents, guardians or the LSWDO, in cases when the child is apprehended at night time or during weekends, the law enforcement officers shall ensure that the child shall be temporarily secured in an area separate from that of the opposite sex and adult offenders, and shall not be placed inside the detention cell or jail.
From the time of taking custody of the child in conflict with the law, the law enforcement officer and all duty-bearers shall handle the case of the child with utmost confidentiality, as provided under Rule 7. The law enforcement officer shall refrain from subjecting the child in conflict with the law to greater restraint than is necessary for apprehension.
If handcuffs or other instruments of restraint are employed on the child, the law enforcement officer shall record such fact in the report on the initial investigation, as required under Section 21 l of the Act and Rule As required under Section 21 e of the Act, the law enforcement officer, from the time of initial contact with the child, shall also 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.
As prescribed by Section 21 g of the Act, the law enforcement officer shall not use violence or unnecessary force on the child in conflict with the law. A child in conflict with the law shall never be locked up in a detention cell, such as the barangay lock-up, police station lock-up, jails managed by BJMP, provincial jails and 23 P a g e.
A child in conflict with the law who is in custody shall not be searched by a law enforcement officer of the opposite sex. Should the detention of the child in conflict with the law be necessary pending turnover to the LSWDO or the other persons who may take custody of the child, in accordance with Section 21 i of the Act and Rule All duty-bearers shall not use vulgar or profane words against, or in the presence of, the child in conflict with the law.
All duty-bearers shall not sexually harass or abuse, or make sexual advances on the child in conflict with the law. Other duty-bearers, including but not limited to persons to whom the custody of the child is turned over, in accordance with Section 21 i of the Act and Rule As provided in Section 6 of the Act, the exemption from criminal liability of children under this Rule does not include exemption from civil liability, which shall be enforced in accordance with existing laws.
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 efforts and utmost diligence to prevent or discourage the child from committing an offense.
A child is deemed to be fifteen 15 years of age on the day of the fifteenth anniversary of the childs date of birth. Consistent with Section 7 of the Act, the following measures may be used to ascertain the age of the child:. Childs birth certificate; b. Childs baptismal certificate; or c. Any other pertinent documents, such as but not limited to, the childs school records, dental records, travel papers, etc.
Parents, guardian or relatives of the child for copies of any of the above documents ; b. School where the child attends for school records, dental records, birth certificate or baptismal certificate, when required by the school ; d.
Local Health Officer for medical records ; and e. Church for baptismal records. If the above documents cannot be obtained or pending receipt of such documents, the law enforcement officer shall exhaust other measures to determine the age of the child by:. In case of doubt as to the age of the child, after all the measures are exhausted to determine it, the doubt shall be resolved in favor of the childs minority.
As provided in Section 7 of the Act, the child in conflict with the law shall enjoy the presumption of minority. The child shall enjoy all the rights of a child in conflict with the law, until the child is proven to be eighteen 18 years old or older, at the time of the commission of the crime. As provided in Section 7 of the Act, any person contesting the age of the child in conflict with the law, prior to the filing of the information in any appropriate Court, may file a case in a summary proceeding for the determination of the childs age before the Family Court, which shall decide the case within twenty-four 24 hours from the receipt of the appropriate pleadings of all interested parties.
If a case has been filed against the child in conflict with the law and is pending in the appropriate Court, a person may file a motion to determine the age of the child in the same Court where the case is pending. Pending the hearing on the said motion, the proceedings on the main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned, shall exert all efforts to determine the age of the child in conflict with the law. As provided in Section 20 of the Act, if it has been determined that the child taken into custody is fifteen 15 years old or below, the law enforcement officer having initial contact with the child, has the duty to immediately release the child to the custody of the parents or guardians, or in their absence, the childs nearest relative, upon assessment and recommendation of the Local Social Welfare Development Officer, except as provided in Section 20 last paragraph, Section A and Section B.
Immediately after being notified of the apprehension of a child who is fifteen 15 years old or below as required by Rule 31 of these Rules and Section 21 i of the Act, the LSWDO shall conduct an initial assessment to determine the appropriate intervention and prevention programs, in consultation with the child and the person having custody over the child. The initial assessment shall be without prejudice to the preparation of a more comprehensive Social Case Study Report.
If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody of the child, the child may be released by the authority having initial contact with the child to any of the following:. If the parents, guardians or relatives are unable to take custody of the child due to incarceration or a mental or physical incapacity, the child shall be referred to alternative placements such as foster homes, in addition to what has been provided in the Act, as amended.
The LSWDO shall determine if the child is dependent, abandoned, neglected or abused by the parents for purposes of filing a Petition for Involuntary Commitment, whenever necessary and appropriate. If the community-based placement of the child shall put the safety of the child in danger, in view of the alleged commission of the offense, the LSWDO shall encourage the parent or guardian of the child to request for temporary placement of the child with the DSWD or licensed and accredited NGOs. In the event that a parent or guardian does not agree with the temporary custody of the child, the LSWDO shall carefully review the case of the child and file a Petition for Involuntary Commitment when sanctioned by law, in accordance with P.
The filing of the Petition for Involuntary Commitment must be for the purpose of rehabilitating the child, and not to terminate parental authority, unless termination of parental authority is absolutely necessary and appropriate for the best interest and welfare of the child. The child in conflict with the law who is above fifteen 15 but below eighteen 18 years of age shall be exempt from criminal responsibility, unless the child acted with discernment.
If the child in conflict with the law is above fifteen 15 years old but below eighteen 18 years of age acted with discernment, the child shall proceed to diversion under Chapter 2 of the Act, as amended, and PART X of these Rules.
Discernment is the capacity to understand the difference between right and wrong, and its consequences. The LSWDO, after the law enforcement officer refers the child who is above fifteen 15 years but below eighteen 18 years of age, and the childs records, as provided in rule 28 herein, shall prepare a report indicating an assessment on whether the child acted with discernment within seven 7 working days, for purposes of determining whether to proceed with the intervention under Section 20 of the Act PART IX of these Rules or with the diversion under Chapter 2 of the Act PART X of these Rules.
The DSWD shall regularly review and enhance the tool and its guidelines. After making an assessment, the LSWDO shall prepare a report showing the basis for the assessment of whether the child acted with or without discernment.
This report shall be submitted to the law enforcement officer handling the case of the child. After receipt of the report by the LSWDO, the law enforcement officer shall conclude the initial investigation, and refer the case of the child for intervention, diversion or preliminary investigation, whichever is appropriate under the obtaining circumstances of case. The following children, who are exempt from criminal liability, shall be provided with the appropriate Tertiary Intervention Programs:.
The DSWD shall issue the necessary guidelines to aid the Local Social Welfare and Development Officer in the formulation, implementation and monitoring of appropriate and effective intervention programs for children who are exempt from criminal liability. The LSWDO shall implement and monitor the intervention program with the child in coordination with the BCPC, the school, SK Council or youth organizations, other existing support organizations and community volunteers.
Specifically, the LSWDO shall monitor the effectiveness of the intervention program; and the compliance by the child and the parents or guardians, with the terms and conditions of the intervention program. A CICL, above 12 years up to 15 years of age who committed either or a combination of the following offenses:. The Court will determine the initial period of placement of the child within the IJISC, which shall not be less than one 1 year.
The Multi-Disciplinary Team shall develop individual case management plans with offense-specific interventions. The Multi-Disciplinary Team will also submit a report to the Court on the services extended to the parents and family of the child and the participation and compliance of the parents in the intervention programs.
The Court will decide whether the child has successfully completed the center-based intervention program, and whether the child is prepared to be reintegrated with the family or if there is a need for the continuation of the center-based rehabilitation of the child. The Court will determine the next period of assessment or hearing on the commitment of the child.
A CICL, above 12 years up to 15 years of age and is exempt from criminal liability, who committed an offense for the second time or oftener, and who was previously subjected to a community-based intervention program, shall be deemed to be a neglected child under Presidential Decree No. If the best interest and welfare of the CICL requires placement in a Youth Care Facility or Bahay Pag-asa, the childs parents or guardians shall execute a written authorization for the voluntary commitment of the child.
The CICL shall undergo a center-based intensive intervention program, based on individualized case management plan to be supervised by the Local Social Welfare and Development Officer. Diversion refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law, on the basis of the childs social, cultural, economic, psychological or educational background, without resorting to formal Court proceedings. Diversion process shall be centered on the restorative approach, and as far as applicable, shall use restorative justice processes, which may include but not limited to: a victim offender mediation; b community and family group conferencing; c circle sentencing; d peacemaking circles; e reparative probation and community boards and panels and f existing community accepted justice practices that embody restorative justice.
In formulating and implementing a diversion program, the following principles shall be considered:. Pursuant to Section 23 of the Act, the child in conflict with the law shall undergo diversion proceedings if he or she:. As provided for under Section 24 of the Act, if the imposable penalty for the offense committed is not more than six 6 years of imprisonment, diversion may be implemented at the:. If the offense with the imposable penalty of not more than six 6 years imprisonment is a victimless crime, the diversion proceedings shall be managed by the LSWDO, in coordination with the BCPC.
If the imposable penalty for the offense committed exceeds six 6 years of imprisonment but not more than twelve 12 years of imprisonment, diversion may be resorted to only by the Court. Upon receipt of the case, the authority handling the diversion shall constitute a Diversion Committee, which shall be responsible in convening the dialogue between the CICL, the parents or guardians, and the victim s and the latters parents or guardians.
The Committee shall assist the authority implementing the diversion in identifying the appropriate programs for the CICL and the family.
A child in conflict with law may undergo diversion proceedings outside of the Criminal Justice System when the case is referred to the Barangay through the Lupong Tagapamayapa. The members of the Diversion Committee may include, but not be limited to the following:. The diversion program at the Katarungang Pambarangay level shall be formulated by the Diversion Committee. As a form of monitoring, the members of the BCPC and the community volunteers to be designated by the BCPC, may conduct house visits with the child and the parents or guardians, in order to monitor the childs progress in the Diversion Program and ensure compliance with the Contract of Diversion.
Pursuant to Section 27 of the Act, the Punong Barangay handling the case shall, within three 3 days from determination of the absence of jurisdiction or termination of the diversion proceedings as provided below, forward the records of the case to the:. Upon the issuance of the corresponding document, certifying to the fact that no agreement has been reached by the parties, the case shall be filed according to the regular process.
Diversion at the police investigation stage shall be handled by a Diversion Committee that is chaired by a law enforcement officer from the Women and Children Protection Desk.
Pursuant to Section 23 of the Act, the law enforcement officer handling the case shall forward the records to the Prosecutor or Judge, when the case involves an offense with an imposable penalty of more than six 6 years imprisonment; or the child or the childs parents or guardians do not consent to a diversion.
The case records shall be forwarded within three 3 days from determination of the absence of jurisdiction or the termination of the Diversion Proceedings as stated above. Upon receipt of the referral, the Prosecutor or Judge shall then conduct the Preliminary Investigation and determine whether or not the child should remain in custody and correspondingly charged in Court.
Diversion shall be handled at the level of the LSWDO, where after the conduct of initial investigation, the law enforcement officer determines that the child is above 15 but below 18 years of age, acted with discernment and allegedly committed a victimless crime where the imposable penalty is not more than six 6 years of imprisonment, as provided under RULE 28 2 b herein.
In cases where no consent or agreement to a diversion was reached at the level of the law enforcement officer or LSWDO conducting the Diversion Proceedings, the Prosecutor shall still endeavor to arrive at an agreement to a diversion program. Diversion at the Preliminary Investigation stage shall be conducted by a Diversion Committee chaired by a Prosecutor.
The members of the diversion committee may include but not be limited to the following:. The authority handling the Diversion Proceedings shall also determine if diversion is appropriate and desirable, based on the factors provided in the next Rule. Upon a finding that diversion is not applicable or desirable, the authority handling the Diversion Proceedings shall issue the corresponding document certifying to such fact, and shall proceed with the case according to the regular process.
In determining whether diversion is appropriate and desirable, the following factors shall be taken into consideration by the authority handling the Diversion Proceedings:. Whenever applicable, the recommendation of the LSWDO shall be considered in the determination of appropriateness and desirability of diversion. The authority conducting the diversion proceedings shall ensure that the proceedings are child-friendly and sensitive to the needs, welfare and the protection of the rights of the child in conflict with the law.
The authority shall use language that is simple and understandable to the child in conflict with the law. Diversion Proceedings shall be conducted in a place where the identities of the child and the parties concerned are kept confidential.
The DSWD, in consultation with the LGUs, particularly the LCPCs, shall formulate rules and guidelines that should be followed during the conduct of the Diversion Proceedings, in order to protect the child from coercion, intimidation, harm, abuse, or other actions detrimental to the childs normal development. Such guidelines shall ensure that the child understands the Diversion Proceedings where he or she is involved. Pending the conduct of the diversion proceedings, the custody of the child shall be given to the parents, guardians, relatives or any other responsible person in the community, taking into consideration the best interest of the child in conflict with the law.
The consent of the child and of the parents or guardians of the child shall be required for the validity of a Contract of Diversion. When the consent of either cannot obtained, the Diversion Proceedings shall be terminated, and the case of the child shall be filed and proceed through the regular process, in accordance with Rule Diversion proceedings are deemed terminated when: 1 A Contract of Diversion has been entered into; 2 The forty-five day period expires without any agreement reached; 3 The child or the parents or guardian do not consent to a diversion; 4 The authority conducting the diversion finds that diversion is not applicable based on the factors enumerated in the immediately preceding Rule.
A Contract of Diversion may be entered during the Diversion Proceedings when the child voluntarily admits the commission of the offense, as provided in Section 26 of the Act.
The voluntary admission of the child during the diversion proceedings shall be only deemed as a consent to undergo the Diversion Program, and shall not be considered an admission of guilt.
Any admission of the child shall not be used against the child in any subsequent judicial, quasi-judicial or administrative proceedings. Neither shall the admission be used against the child through denial of privileges and opportunities, discrimination in treatment, or imposition of any form of liability or punishment by reason of such admission. The Contract of Diversion containing the Diversion Program shall be effective and binding, if accepted by the child and the parents or guardian of the child.
The contract shall be in writing and signed by the:. The Contract of Diversion shall contain the individualized diversion program, and shall stipulate the rights, responsibilities or accountabilities of the child, the parents or guardian and the offended party, when applicable. The Contract of Diversion places the responsibility or accountability upon the child to restore the harm done, in view of the offense committed. As such, the authority conducting the Diversion Proceedings shall endeavor to obtain the agreement of the offended party in the formulation of the individualized diversion program contained in the Contract of Diversion by:.
However, the acceptance of the offended party is not required for a Contract of Diversion to be valid. The Diversion Program shall be formulated during the Diversion Proceedings. In the formulation of the Diversion Program, the individual characteristics and the peculiar circumstances of the child in conflict with the law, including but not limited to the cultural, social, economic and religious circumstances of the child, shall be used to formulate an individualized treatment.
Consistent with Section 30 of the Act, the following factors shall be considered in formulating a Diversion Program for the child:. The Diversion Program shall include adequate socio-cultural and psychological interventions and services for the child. Explore Magazines. Editors' Picks All magazines. Explore Podcasts All podcasts. Difficulty Beginner Intermediate Advanced. Explore Documents. Uploaded by April Thea Degillo Villaruz.
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Download now. Ra Original Title: RA Related titles. Carousel Previous Carousel Next. Marilou Tamang. Jump to Page. Search inside document. Primary Intervention - which includes measures to promote social justice an equal opportunity which more often than not is the root cause for the commission of crimes; Secondary Intervention which includes measures to assist children at risk; and Tertiary Intervention which includes measures to avoid unnecessary contract with the formal justice system and measures to avoid re-offending such as diversion, rehabilitation and reintegration programs.
Training, seminars and lectures on anger management values formation problem solving skills that will aid the child in dealing with the situation which can lead to repetition g. Documents Similar To RA Live Law. James Turner. Neville Lennox. Mei Dabalos Cuntapay.
Mahmudul Hasan. Rachel Leachon. Arden Kim. Ryan Odio. Ashish parihar. Dewi Intan Putri. Jose Antonio Barroso. Other Prohibited Acts. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the succeed Appropriations Act. Those with d sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released, unless it is contrar est of the child. In case the appropriate court executes the judgm n, and unless the child in conflict the law has already availed of probation under Presidential Decree No.
They shall be entitled to ate dispositions provided under this Act and their sentences shall be adjusted accordingly. They shall be immediately rele o qualified under this Act or other applicable law.
Open navigation menu. Close suggestions Search Search. User Settings. Skip carousel. Carousel Previous. Carousel Next. What is Scribd? Explore Ebooks. Bestsellers Editors' Picks All Ebooks. Explore Audiobooks. Bestsellers Editors' Picks All audiobooks. Explore Magazines. Editors' Picks All magazines. Explore Podcasts All podcasts.
Difficulty Beginner Intermediate Advanced. Explore Documents. Uploaded by Arnold Onia. Did you find this document useful? Is this content inappropriate? Report this Document. Flag for inappropriate content. Download now. RA - Juvenile Justice Law. Related titles. Carousel Previous Carousel Next. Jump to Page. Search inside document. Bail may be given in the form of corporate security, property bond, cash deposit, or recogniz Interest of the Child" refers to the totality of the circumstances and conditions which are most congenial to the survival, n and feelings of security of the child and most encouraging to the child's physical, psychological and emotional developm ns the least detrimental available alternative for safeguarding the growth and development of the child.
It includes the time when the child alleged to be in conflict with the law receives a subpoena under Sect 12 of the Revised Rules of Criminal Procedure or summons under Section 6 a or Section 9 b of the same Rule in cases th re preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under im vention" refers to a series of activities which are designed to address issues that caused the child to commit an offense.
All programs e justice and welfare shall be adopted in consultation with the JJWC; mulate and recommend policies and strategies in consultation with children for the prevention of juvenile delinquency an ation of justice, as well as for the treatment and rehabilitation of the children in conflict with the law; lect relevant information and conduct continuing research and support evaluations and studies on all matters relating to d welfare, such as but not limited to: rformance and results achieved by juvenile intervention programs and by activities of the local government units and oth ent agencies; riodic trends, problems and causes of juvenile delinquency and crimes; and rticular needs of children in conflict with the law in custody.
These programs shall consist of three levels: ry intervention includes general measures to promote social justice and equal opportunity, which tackle perceived root c ; dary intervention includes measures to assist children at risk; and ry intervention includes measures to avoid unnecessary contact with the formal justice system and other measures to pre.
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