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Additional Notes For Crim4, Ra 10630

Republic Act 10630 amends provisions of RA 9344, renaming it the Juvenile Justice and Welfare Act. It transfers administrative supervision of the Juvenile Justice and Welfare Council from the Department of Justice to the Department of Social Welfare and Development. It also mandates the establishment of Bahay Pag-Asa centers for children in conflict with the law between ages 15-18 awaiting court disposition or transfer. Bahay Pag-Asa is to be operated by multi-disciplinary teams at the province/city level and house an Intensive Juvenile Intervention center. The law also defines serious crimes committed by children in conflict with the law and exempts children from punishment for certain local ordinance violations.

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606 views

Additional Notes For Crim4, Ra 10630

Republic Act 10630 amends provisions of RA 9344, renaming it the Juvenile Justice and Welfare Act. It transfers administrative supervision of the Juvenile Justice and Welfare Council from the Department of Justice to the Department of Social Welfare and Development. It also mandates the establishment of Bahay Pag-Asa centers for children in conflict with the law between ages 15-18 awaiting court disposition or transfer. Bahay Pag-Asa is to be operated by multi-disciplinary teams at the province/city level and house an Intensive Juvenile Intervention center. The law also defines serious crimes committed by children in conflict with the law and exempts children from punishment for certain local ordinance violations.

Uploaded by

Qayes Al-Quqa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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REPUBLIC ACT NO 10630

- amended certain provisions of Republic Act 9344


- approved on 3 October 2013
- renamed RA 9344 into 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
- transferred the administrative supervision of the
Juvenile Justice and Welfare Council (JJWC) from
the Department of Justice (DOJ) to the Department
of Social Welfare and Development (DSWD)
- also provided for the creation of the Regional
Juvenile Justice and Welfare Council (RJJWC) in
each region
- mandates the establishment of Bahay Pag-Asa and
provides for its definition

BAHAY PAGASA
- refers to a 24-hour child-caring institution
established, funded and managed by local government
units (LGUs) and licensed and/or accredited non-
government 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
- shall be operated by a multi-disciplinary team
composed of a social worker, a psychologist or
mental health professional, a medical doctor, an
educational or guidance counselor and a member of a
Barangay Council for the Protection of Children
(BCPC)
- shall be the responsibility of the local government
units of every province and highly-urbanized cities
to build, fund and operate a Bahay Pag-asa within
their jurisdiction
- every Bahay Pag-asa must have a special facility
called the Intensive Juvenile Intervention and
Support Center
- only CICL whose ages range from above fifteen (15)
but below eighteen (18) can be admitted to Bahay
Pag-asa
- even if the CICL is fifteen (15) years old or
below, he may also be admitted to Bahay Pag-Asa if
the social worker believes that it is what is best
for the child
- the minimum age for CICL that can be taken into the
Bahay Pag-asa is twelve (12) years old

SERIOUS CRIMES COMMITTED BY CHILDREN IN CONFLICT WITH


THE LAW

Crimes classified as serious crimes by RA 10630:


1)parricide;
2)murder;
3)infanticide;
4)kidnapping and serious illegal detention where the
victim is killed or raped;
5)robbery with homicide;
6)robbery with rape;
7)destructive arson;
8)rape;
9)carnapping where the driver or occupant is killed
or raped; and
10) offenses under Republic Act No 9165 or the
Comprehensive Dangerous Drugs Act of 2002 that are
punishable by more than twelve (12) years of
imprisonment

- provides that a child who is above twelve (12)


years of age up to fifteen (15) years of age who
committed any of the crimes classified as serious
crime shall be deemed a neglected child and shall
be mandatorily placed in Bahay Pag-asa under its
Intensive Juvenile Intervention and Support Center
(Section 20-A of RA 10630
- CICL whose age is above twelve (12) but below
fifteen (15) who will commit a serious crime as
defined must be taken to Bahay Pag-asa instead,
despite being exempted from criminal liability

REPETITION OF OFFENSES

- a CICL whose age is above twelve (12) up to fifteen


(15) years old, who had already been subjected to a
community-based intervention program for a
commission of a crime and who would again commit
another crime, shall also be deemed as a neglected
child and shall be mandatorily placed in Bahay Pag-
asa to undergo an intensive intervention program
supervised by the DSWD (Section 20-B of RA 10630)

EXPLOITATION OF CHILDREN FOR COMMISSION OF CRIMES

- any person who shall abuse his authority over a


child, or who shall induce, threaten or instigate a
child to commit a crime, is punishable for the
crime committed by the child and the penalty to be
imposed shall be the maximum penalty provided by
law (Section 20-C of RA 10630)

VIOLATIONS OF LOCAL ORDINANCES

Section 57-A of RA 10630 exempts children from


punishment for the following violations of city or
municipal ordinances:

1)curfew;
2)truancy;
3)parental disobedience;
4)smoking;
5)drinking;
6)disorderly conduct;
7)public scandal;
8)harassment;
9)drunkenness;
10) public intoxication;
11) criminal nuisance;
12) vandalism;
13) gambling;
14) mendicancy;
15) littering;
16) public urination; and
17) trespassing.

- a child who will be violating any city or municipal


ordinance related to the enumerated acts above
shall be exempt from criminal liability but an
appropriate intervention program will be provided
for him
- in this particular instance, children who shall be
caught violating city or municipal ordinances will
not be called children in conflict with the law,
instead, they will be referred to as child at risk
in all official documents and records

- end –

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