JUVENILE DELINQUENCY: ITS NATURE AND EXTENT

Who is a Juvenile?

He is a person below the age of majority, who,

under the legal system may be dealt with for an offense in a manner different from that of an adult
Juvenile is synonymous to the terms, youth, minor and child. Republic Act 9344 or the Juvenile Justice
and Welfare Act of 2006 defines "Child" as a person below eighteen (18) years of age or over, but is
unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition.

What is considered as the Age of Majority?

It commences at the age of eighteen (18) years as amended by RA 6809 or an act lowering the age of
majority from twenty- one to eighteen years, amending for the purpose Executive Order 209, and for
other purposes. This was approved on December 13, 1989.

What is Delinquency?

It refers to the disapproved behavior of minor.

Who is a Delinquent?

He is one whose behavior has brought him into repeated conflict with the law, regardless of whether he
has been taken before a court and adjudged as delinquent.

What is Juvenile Delinquency?

It refers to an anti-social acts or behavior of children which deviate from the normal pattern of rules and
regulations, custom and culture which society does not accept and which therefore justify some kind of
admonition, punishment or corrective measures in the public interest.

   It is also defined as an anti-social behavior or act which does not conform with the standards of
society, which if left unchecked would give rise to criminality.

Types of Delinquency (EEP)

The following are the three (3) types of

delinquency

1. Environmental
This is characterized by being occasionally

infringing norms.

2. Emotionally Maladjusted

This is characterized by constantly deviating from the normal pattern of rules and regulations, which
becomes a habit.

3. Psychiatric

This is characterized by serious mental and

emotional disorders, which cause an individual to commit wrongful acts.

Types of Delinquent Youth (SANA)

Below are the different types of delinquent youth.

1. Social

He is an aggressive youth who resents the

authority of anyone who makes an effort to control his behavior.

2. Asocial

He is one whose delinquent acts have a cold, brutal and vicious quality without remorse.

3. Neurotic

He is one who has internalized his conflicts and is preoccupied with his own feelings

4. Accidental

He is essentially sociable and law abiding but

happens to be at the wrong time and place and becomes involved in delinquent acts not typical of his
general behavior.

Approaches in the study of delinquency (BSP- C)

Below are the various approaches in the study of delinquency.

1. Biogenic

It believes that the person breaks the law as a result of faulty biology.

2. Sociogenic

As the Dean of Modern Criminology, Edwin

Sutherland advocated in his Differential Association Theory which states that, "Criminal Behavior is
learned and not inherited'. This approach believes that delinquency is learned in the environment.

3. Psychogenic

It believes that the offender's personality problems are the factors for doing wrongful acts.

4. Contemporary Approach

It is the combination of the above approaches to explain reasons or causes for the commission of
delinquency.

Causes of Juvenile Delinquency (CHEMS)

Under Article 5 of Presidential Decree No. 603

otherwise known as the Child and Youth Welfare Code:

The civil personality of the child shall commence from the time of his conception, for all purposes
favorable to him, subject to the requirements of Article 41 of the Civil Code, which reads...

Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered
from the mother's Womb. However, if the fetus had an intra-uterine life of less than seven months, it is
not deemed born if it dies within twenty-four hours after its complete delivery from the maternal
womb."

Article 10 of the same code, provides for child's Phases of Development, which states that....

"The child shall enjoy special protection and shall be given opportunities and facilities, by law and by
other means, to ensure and enable his fullest development physically, mentally, emotionally, morally,
spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity
appropriate to the corresponding developmental stage.

   This is the ideal set up or development of a child. In fact, our national hero, Dr. Jose P. Rizal said that
The youth are the hope of tomorrow. However, due to various factors, some children deviate from the
normal pattern of norms. The following are the major causes or contributory factors in juvenile
delinquency that will be discussed in the succeeding chapters

1. Companionship and Juvenile Gangs

2. Home and Family Conditions

3. Environment

4. Mass Communication; and

5. School

HOME AND FAMILY CONDITIONS

Article 1 of PD 603 states that the child is one of the most important assets of the nation. Every effort
should be exerted to promote his welfare and enhance his opportunities for a useful and happy life.

The child is not a mere creature of the State.

Hence, his individual traits and aptitudes should be cultivated to the utmost insofar as they do not
conflict with the general welfare.

  The molding of the character of the child starts at the home. Consequently, every member of the
farmily should strive to make the home a wholesome and harmonious place as its atmosphere and
conditions will greatly influence the child's development.

  Attachment to the home and strong family ties should be encouraged but not to the extent of making
the home isolated and exclusive and unconcerned with the interests of the community and the country.

  The natural right and duty of parents in the learning of the child for civic efficiency should receive the
aid and support of the government.

  Other institutions, like the school, the church, the guild, and the community in general, should assist
the home and the State in the endeavor to prepare the child for the responsibilities of adulthood.

The Family

It is considered as the first and basic unit of socieiy.

Article 12 of RA 9344 states that the family shall be responsible for the primary nurturing and rearing of
children which is critical in delinquency prevention.

    An ideal home or family has the following characteristics: (2C- 2E)

1. Completeness, wherein both father and motherare alive and present;

2. Cultural and moral conformity, wherein family members have same religious beliefs, cultural practices
and standard of ethics and value

3. Economic security, wherein it is capable to provide for its members' necessity; and

4. Emotional adequacy, wherein there is presence of tender love and care. Hence the word FAMILY
means Father And Mother I Love You.

Rights of the Child (PHD

CEP RPC- FGF)

   Article 3 of PD 603 states that all children shall be entitled to the rights herein set forth without
distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecadents, and other
factors.

(1) Every child has the right to a well-rounded

development of his Personality to the end that he may become a happy, useful and active member of
society.

  The gifted child shall be given opportunity and encouragement to develop his special talents.

  The emotionally disturbed or socialy maladjusted child shall be treated with sympathy and
understanding, and shall be entitled to treatment and competent care.

  The physically or mentally handicapped child shall be given the treatment, education and care required
by his particular condition.

(2) Every child has the right to a balanced diet,

adequate clothing, sufficient shelter, proper medical attention, and all the basic  physical requirements
of a Healthy and vigorous life.

(3) Every child is endowed with the Dignity and worth of a human being from the moment of his
conception, as generally accepted in medical parlance, and has, therefore, the right to be born well.

(4) Every child has the right to be brought up in an atmosphere of morality and rectitude for the
enrichment and the strengthering of his Character.

(5) Eveny child has the right to an Education

commensurate with his abilities and to the development of his skills for the improvement of his capacity
for service to himself and to his fellowmen.

(6) Every child has the right to Protection against exploitation, improper influences, hazards, and other
conditions or circumstances prejudicial to his physical, mental, emotional, social and moral
development.

(7) Every child has the right to full opportunities for safe and wholesome Recreation and activities,
individual as well as social, for the wholesome use of his leisure hours.

(8) Every child has the right to live in a community and a society that can offer him an environment free
from Pernicious influences and conducive to the promotion of his health and the cultivation of his
desirable traits and attributes.

(9) Every child has the right to the Care, assistance, and protection of the State, particularly when his
parents or guardians fail

or are unable to provide him with his fundamental needs for growth, development, and improvement.

(10) Every child has the right to a wholesome

Family life that will provide him with love, care and understanding, guidance and counseling, and moral
and material security.

   The dependent or abandoned child shall be

provided with the nearest substitute for a home.

(11) Every child has the right to an efficient and honest Government that will deepen his faith in
democracy and inspire him with the morality of the constituted authorities both in their public and
private lives.

(12) Every child has the right to grow up as a Free individual, in an atmosphere of peace, understanding,
tolerance, and universal brotherhood, and with the

determination to contribute his share in the building of a better world.

Children of Indigenous Cultural Communities

The following are the pertinent provisions of

Republic Act 7610 otherwise known as the Special Protection of Children Against Abuse, Exploitation
and Discrimination Act anent children of indigenous cultural communities:

Section 17. Survival, Protection and Development.

- In addition to the rights guaranteed to children under this Act and other existing laws, children of
indigenous cultural Communities shall be entitled to protection, survival and development consistent
with the customs and traditions of their respective communities.

Section 18. System of and Access to Education. The Department of Education shall develop and institute
an alternative system of education for children of indigenous cultural communities which culture-
specific and relevant to the needs of and the existing situation in their communities. The Department of
Education shall also accredit and support non-formal but functional indigenous educational programs
conducted by non-government organizations in said communities.

Section 19. Health and Nutrition. The delivery of basic social services in health and nutrition to children
of indigenous cultural communities shall be given priority by all government agencies concerned.
Hospitals and other health institution shall ensure that children of indigenous cultural communities are
given equal attention. In the provision of health and nutrition services to children of indigenous cultural
communities, indigenous health practices shall be respected and recognized.

Section 20. Discrimination. Children of indigenous cultural communities shall not be subjected to any
and all forms of discrimination.

Any person who discriminates against children of indigenous cultural communities shall suffer a penalty
of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) but not
more than Ten thousand pesos (P10,000).
Section 21. Participation. Indigenous cultural communities, through their duly-designated or appointed
representatives shall be involved in planning, decision making, implementation, and evaluation of all
government programs affecting children of indigenous cultural communities, indigenous institution shall
also be recognized and respected.

Responsibilities of the Child

Article 4 of PD 603 provides that every child, regardless of the circumstances of his birth, sex, religion,
social status, political antecedents and other factors shall:

(1) Strive to lead an uptight and virtuous life in accordance with the tenets of his religion, the teachings
of his elders and mentors, and the biddings of a clean conscience;

(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;

(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them
to keep the family harmonious and united;

(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal
education suited to his abilities, in order that he may become an asset to himself and to society;

(5) Respect not only his elders but also the customs and traditions of our people, the memory of our
heroes, the duly constituted authorities. the laws of our country, and the princinples and institutions of
democracy;

(6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in
mind that it is the youth who will eventually be called upon to discharge  the responsibility of leadership
in shaping the nation's future; and

(7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the
fostering of cooperation among nations in the pursuit of their common aspirations for programs and
prosperity, and the furtherance of world peace.

Patrie Potestas or Parental Authority

it is the sum total of the rights which the law grants to the parents over the person and property of their
chiidren while they are minors and unemancipated to facilitate compliance with their duties of support
and education, which are incumbent upon them.

Below are the pertinent provisions of PD 603 concerning Parental Authority.

Article 17. Joint Parental Authority. The father and mother shall exercise jointly just and reasonable
parental authority and responsibility over their legitimate or adopted children, in case of disagreement,
the father's decision shall prevail unless there is a judicial order to the contrary.

In case of the absence or death of either parent, the present or surviving parent shall continue to
exercise parental authority over such children, unless in case of the surviving parent's remarriage, the
court, for justifiable reasons, appoints another person as guardian.

in case of separation of his parents, no child under five years of age shall be separated from his mother
unless the court finds compelling reasons to do so.

Article 18. Grandparents. Grandparents shall be consulted on important family questions but they shall
not interfere in the exercise of parental authority by the parents.

Article 19. Absence or Death of Parents. Grandparents and in their default, the oldest brother or sister
who is at least eighteen years of age, or the relative who has actual custody of the child, shall exercise
parental authority in case of absence or death of both parents, unless a guardian has been appointed in
accordance with the succeeding provision.

Article 20. Guardian. The court may, upon the death of the parents and in the cases mentioned in Arts.
328 to 332 of the Civil Code, appoint a guardian for the person and property of the child, on petition of
any relative or friend of the family or the Department of Social Welfare.

Rights of Parents

Under the same code, the following are the rights of parents over the person and property of their child:

1. Right to the company of their children and, in rotation to all other persons or institutions dealing wrth
the child's development, the primary right and obligation to provide for their upbringing;
2. Right to serve as legal administrator of the property pertaining to the child under parental authority;
and

3. Right to discipline. Parents have the right to discipline the child as may be necessery for the formation
of his good character, and may therefore require from him obedience to just and reasonable rules,
suggestions and admonitions.

Parental Responsibility It is the sum total of the duties and obligations of parents over their minor and
unemancipated children.

Responsibitities or Duties of Parents

Article 46 ot the same code provide: for the following parents‘ general duties toward their children:

1. To give him affection, companionship and understanding;

2. To extend to him the benefits of moral guidance,  self discipline and religious instructions; 

3. To supervise his activities. including his recreation;

4. To inculcate in him the value of industry, thrift and self-reliance;

5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his
commitment to his country;

6. To advise him properly on any matter affecting his development and well-being; .

7. To always set a good example;

8. To provide him with adequate support, as defined in Article 290 of the Civil Code; and

9. To administer his property, if any, according to his best interests, subject to the provisions of Article
320 of the Civil Code, which reads

Art. 320. The father, or in his absence the mother, is the legal administrator of the property pertaining
to the child under parental authority. If the property is worth more than two thousand pesos, the father
or mother shall give a bond subject to the approval of the Regional Trial Court,

Liabilities of Parents

The following are the important provisions of the same code regarding the liabilities of parents:

Article 58. Torts. Parents and guardians are responsible for the damage caused by the child under their
parental authority in accordance with the Civil Code.
Article 59. Crimes. Criminal liability shall attach to any parent who:

1. Conceals or abandons the child with intent to make such child lose his civil status.

2. Abandons the child under such circumstances as to deprive him of the love, care and protection he
needs.

3. Sells or abandons the child to another person for valuable consideration.

4. Neglects the child by not giving him the Vacation which the family‘s station in life and financial
conditions permit.

5. Fails or refuses, without justifiable grounds, to oil the child as required by Article 72.

6. Causes, abates, or permits the truancy of the child from the school where he as enrolled. "Truancy" as
here used means absence without cause for more than twenty school days, not necessarily consecutive.

7. It shall be the duty of the teacher in charge  to the parents the absences of the child the moment
exceed these school days.

8. Improperly exploits the child by using him or indirectly, such as for purposes of begging and other acts
which are inimical to his interest and welfare.

9. inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and
other excessive chastisement that embarrasses or humiliates him.

10. Causes or encourages the child to lead an immoral or dissolute life.

11. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership.

12. Allows or requires the child to drive without a license or with a license which the parent knows to
have been illegally procured. If the motor vehicle driven by the child belongs to the parent, it shall be
presumed that he permitted or ordered the child to drive.

"Parents" as here used shall include the guardian and the head of the institution or foster home which
has custody of the child.

Article 60. Penalty. The act mentioned in the preceding article shall be punishable with imprisonment
from two or six months or a fine not exceeding five hundred pesos, or both, at the discretion of the
Court, unless a higher penalty is provided for in the Revised Penal Code or special laws, without
prejudice to actions for the involuntary commitment of the child under Title VlII of this Code.
Factors in the home life that may cause delinquency

1. incompleteness in terms of parental guidance, leniency by either or both parents and broken homes.

2. Cultural and moral non conformity in terms of religious beliefs, cultural practices and standard of
ethics and value which lead to the faulty development of the child.

3. Economic Insecurity, wherein it is incapable to provide for its members’ necessity due to poverty; and

4. Emotional lnadequacy, wherein there is no presence of tender love and care. Hence the word FAMILY
means Father And Mother I Lost You.

OTHER CONTRIBUTORY FACTORS TO JUVENILE DELINQUENCY

Companionship and Juvenile Gangs

Companionship is defined as the state of being with someone.

Article 13 of PD 603 provides for the Social and Emotional Growth of the Child. It states that, steps shall
be taken to insure the child's healthy social and emotionai growth. These shall be undertaken by the
home in collaboration with the schools and other agencies engaged in the promotion of child welfare.

This is supported by Article 52 of the same code, which provides for the Association with Other Children.
It states that the parents shall encourage the child to associate with other children of his own age with
whom he can develop common interests of useful and salutary nature.

On the other hand, Juvenile Gang is a self-formed association of peers bound together by mutual
interest., with identifiabe leadership well-developed lines of authority, and other organizational
features, who act in concert to achieve  specific a purpose which generally to include the conduct of
illegal activity and control over a particular teritory, facility or type of enterprise.
Most of the time, the child joins a gang because of curiosity problem, curiosity or peer pressure It shall
be the duty of the parents to know the child's friends and thier activities and to prevent him from falling
Into bad company. The Child shout not be allowed to stay out late at night to the detriment of his
health, studies or morals. If the parents will be too lenient in imposing limitations on it, child has a high
tendency to commit status offenses. These are certain acts or omissions which may not be punishable
socially or legally if committed by adults but become anti-social or illegal because the offender is a
minor. The following are example of status offenses:

1. disobedience to parents, guardians or school officials;

2. use of profane language;

3. running away from home;

4. truancy, or frequent, unreasonable absenteeism from school; and

5. smoking and drinking alcoholic beverages

Mass Communications

    Mass Communications or Mass Media such as television (T V), radio and prints are powerful influences
on the youth today. What are being watched, heard and read by the child will affect the way the latter
thinks, acts and reacts. Unwholesome and violent shows tend to create adverse effects that usually lead
to delinquency. Thus, Section 14 of RA 9344 provides for the Role of the Mass Media. It states that the
mass media shall play an active role in the promotion of Chlld rights, and delinquency prevention by
relaying consistent messages through a balanced approach. Media practitioners shall, therefore, have
the duty to maintain the highest critical and professional standards in reporting and covering cases of
children in conflict with the law, In all publicity concerning children, the best interest of the child should
be the premordial and paramount concern,. Any undue, inappropriate and sensationalized publicity of
any case involving a child In conflict with the law is hereby declared a violation of the child's rights

School

It is considered as the childs second home, with teachers as the second parents. Article 12 at PD 603
states that the schools and other entities engaged in non-formal education shall assist the parent in
providing the best education for the child.

It is an institution responsible for the training of young person's intellectual, moral, as well as social skills
which they need for them to grow up as productive, law abiding and responsible citizens.

However, there are instances where the school

contributes to the child's wongful acts, to wit

1. failure of teachers to detect and address

problems of children and report such problerns to the parents;

2. failure of teachers in character development of the students

3. failure of the teachers to motivate or inspire students to study harder,

4. failure of the school to provide facilities for curricular and extra-curricular activities,

5. failure of the school to set high standard of

academic atmosphere,

Section 13 of RA 9344 states that educational

institutions shall work together with families, community organizations and agencies in the prevention
of juvenile delinquency and in the rehabilitation and reintogration of child in conflict with the law.
Schools shall provide adequate, necessary and individualized educational schemes for children
manifesting difficult behavior and children in conflict with the law. In cases where children in conflict
with the law are taken into custody or detained in rehabilitation centers, they should be provided the
opportunity to continue learning under an alternative learning system with basic literacy program or
non- formal education accreditation equivalency system.

Religion

It refers to a specific fundamental set of beliefs and practices generally agreed upon by a number of
persons or sects. Article 14 of PD 603 states that, high moral principles should be instilled in the child,
particularly in the home, the school, and the church to which he belongs

In its Article 15, it provides for Spiritual Values, which states that the promotion of the child's spiritual
well-being according to the precepts of his religion should, as

much as possible, be encouraged by the State. However, this may also caused child to commit
delinquent acts when...

1. Its traditional role in the area of delinquency prevention fails or

2. Its religious leaders or spokesperson remain unforceful in delinquency problem

Environment
The culture, norms and behavior of the child's Surroundings may very well influence the upbringing of
the child especially during their formative years and such misbehavior learned is likely to be carried on
until the child's

maturity

Some of the behavior modification by means of imitation as brought about by environmental influence

1. association with criminal groups or gangs

2. vices such as gambling and drinking alcoholic

beverages

3. rampant drug addiction; and

4. too much exposure to sex and violence in

movies, television, print and internet

COMMUNITY PROGRAMS FOR JUVENILE DELINQUENCY

Promotion of Health

  Article 11 of PD 603 provides for the Promotion of Health. It states that the promotion of the child's
health shall begin with adequate pre-natal and post-natal care both for him and his mother. All
appropriate measures shall be taken to insure his normal total development.

It shall be the responsibility of the health, welfare, and educational entities to assist the parents in
looking after the health of the child.

Regulate Internet Café or Kiosk

Section 12 of RA 9344 provides for LGU's Authority to Regulate Internet Café or Kiosk. - The local
government unit (LGU) of the city or municipality where an internet cafe or kiosk is located shall have
the authority to monitor and regulate the establishment and operation of the same or similar
establishments in order to prevent juvenile delinquency such as cutting classes, curfew and commission
of cyber crimes.

Local Councils for the Protection of Children (LCPC)

Section 15 of the same act provides for the

Establishment and Strengthening of Local Councils for the Protection of Children. Local Councils for the
Protection of Children (LCPC) shall be established and strengthened. Membership in the LCPC shall be
chosen from among the responsible members of the community, including a representative from the
youth sector, as well as representatives from government and private agencies concerned with the
welfare of children.

The local council shall serve as the prnimary agency to coordinate with and assist the LGU concerned for
the adoption of a comprehensive plan on delinquency prevention, and to oversee its proper
implementation.

One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be
allocated for the strengthening and implementation of the programs of the LCPC: Provided, That the
disbursement of the fund shall be made by the LGU concerned.

Appointment of Local Social Welfare and Development Officer (Section 16)

   All LGUs shall appoint a duly licensed social worker as its local social welfare and development officer
tasked to assist children in conflict with the law.

Duties of Other Government Agencies and LGUs Under Section 32. of Pepublic Act 9262 otherwise
known as the Anti-Violence Against Women and Their Children Act of 2004, it states that other
government agencies and LGUs shall establish programs such as, but not limited to, education and
information campaign and seminars or symposia on the nature, causes, incidence and consequences of
violence against women and children particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education
and training of their officers and personnel on the prevention of violence against women and their
children under the Act.

THE PHILIPPINE JUVENILE JUSTICE SYSTEM

Juvenile Justice System

  It is defined as "the machinery of the state or

government which enforces the rules of conduct necessary to protect children alleged as, accused of
and adjudged as having committed an offense under Philippine laws.
History of Juvenile Justice System (Asalan 2010)

The modern practice of legally separating adult and juvenile offenders can be traced back to two
developments in English custom and law that occured centuries ago:  the development of poor laws and
the creation of the English chancery courts. Both were designed to allow the state to

take control of the lives of needy but not necessarily criminal

children. This system was brought to the United States where it was developed further until later it
became the basis of the juvenile justice system in the Philippines.

English Systern

Poor Laws

  In 1535, statutes which mandated the appointed of Overseers who placed destitute or neglected
children with families who then trained them in agricultural, trade or domestic services; this practice is
called indenture

In 1601, a system was created wherein church

workers with the consent of justice of the peace identified vagrant, delinquent and neglected children
and took measures to put them to work; these children were placed in workhouses until their adulthood

Chancery Courts

  It protected the property rights and welfare of minor children who could not care for themselves. The
courts dealt with issues of guardianship and the use and control of property.

The courts operated under the parens patriae

philosophy which held that children were under the protective control of the state.

American System

  The practice of indenture and chancery courts in England were adopted by the states of Virginia,
Connecticut and Massachusetts, however, those youths who committed serious criminal offenses
continued to be tried in the same courts as adults.

Middle-class civic leaders, who referred to

themselves as child savers began to develop organizations and groups to help alleviate the burdens of
the poor and immigrants by sponsoring shelter care for youths, educational and social activities and the
development of settlement houses; this was called the child saving movement. They are responsible for
creating a number of programs for indigent youths, including the New York House of Refuge, a
reformatory, which began operations in 1825

The House of Refuge was created to protect

indigent youths who were at risk to crime by taking them off the streets and reforming them in a family-
like environment.

The first comprehensive juvenile court was

established in Illinois in 1899 through the passage of the Illinois Juvenile Court Act of 1899 which set up
an Independent court to handle criminal law violations by children under sixteen (16) years of age, as
well as to care for neglected, dependent, and wayward youths. The purpose of the act was to separate
juveniles from adult offenders and provide a legal framework in which juveniles could get adequate care
and custody. Congress passed the Juvenile Justice and Delinquency Prevention Act of 1974 to Identify
the needs of youths and to fund programs in the Juvenile justice system. Its main goal was to separate
wayward, non-dangerous youths from institutions housing delinquents and to remove adolescents from
institutions housing adult offenders. (Asalan)

Juvenile Court

It is a court that has original jurisdiction over

persons defined by statute as juveniles and alleged to be delinquents or status offenders. Section 7 of
RA 9262 otherwise known as the Anti Violence against Women and their Children Act, provides that the
Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases
of violence against women and their children. In the absence of such court in the place where the
offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its
elements was committed at the option of the complainant

Relevant Laws on Juvenile Justice and Special Protection of Women in the Philippines

PD 603 Child and Youth Welfare Code

RA 6809 Law amending the age of majority

RA 7610 Anti-Child Abuse Law

RA 7877Anti- Sexual Harassment Act

RA 8552 Domestic Adoption Act

RA 8043 Inter- Country Adoption Act

RA 9208 Anti-Trafficking in Persons Act

RA 9231 Law amending

RA 7610 on working children

RA 9255 Law on the use of father's surname of illegitimate children

RA 9262 Anti-Violence Against Women and their Children

RA 9344 Juvenile Justice and Welfare Act

RA 9523 Law amending the laws on Adoption

RA 9775 Anti-Child Pornography Act

RA 10627 Anti- Bullying Act

RA 10630 An Act Establishing a Comprehensive Juvenile Justice and Welfare System

SALIENT POINTS OF REPUBLIC ACT NO. 8552

An act establishing the rules and policies on the domestic adoption of Filipino children and for other
purposes

This Act shall be known as the "Domestic Adoption Act of 1998.

Section 2. Declaration of Policies, -

(a) It is hereby declared the policy of the State to ensure that every child remains under the care and
custody of his/her parent(s) and be provided with love, care, understanding and security towards the
full and harmonious development of his/her personality. Only when such efforts prove insufficient and
no appropriate placement or adoption within the child's extended family is available shall adoption by
an unrelated person be considered.

(b) In all matters relating to the care, custody and adoption of achild, his/her interest shall be the
paramount consideration in accordance with the tenets set forth in the United Nations (UN) Convention
on the Rights of the Child; UN Declaration on Social and Legal Principles Relating to the Protection and
Welfare of Children with Special Reference to Foster Placement and Adoption, Nationally and
Internationally, and the Hague Convention on the Protection of Children and Cooperation in Respect of
Intercountry Adoption. Toward this end, the State shall provide alternative protection and assistance
through foster care or adoption for every child who is neglected, orphaned, or abandoned.

(c) It shall also be a State policy to:

(i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her parental
authority over his/her child;

(ii) Prevent the child from unnecessary separation from his/her biological parent(s)

(in) Protect adoptive parent(s) from attempts to disturb his/her parental authority and custody over
his/her adopted child.

Any voluntary or involuntary termination of parental authority shall be administratively or judicially

declared so as to establish the status of the child as "legally available for adoption" and his/her custody
transferred to the Department of Social Welfare and Development or to any duly licensed and
accredited child-placing or child-caring agency, which entity shall be authorized to take steps for the
permanent placement of the child

(iv) Conduct public information and educational campaigns to promote a positive environment for
adoption,

(v) Ensure that sufficient capacity exists within government and private sector agencies to handle
adoption

adoption inquiries, process domestic

applications, and offer adoption-related services including, but not limited to, parent preparation and
post-adoption education and counseling: and

(vi) Encourage domestic adoption so as to preserve the child's identity and culture in his/her native land,
and only when this is not available shall intercountry adoption be considered as a last resort

Section 3. Definition of Terms.- For purposes of this Act, the following terms shall be defined as:

(a) "Child" is a person below eighteen (18) years of age.

(b) "A child legally available for adoption" refers to a child who has been voluntarily or involuntarily
committed to the Department or to a duly licensed and accredited child-placing or child-caring agency,
freed of the parental authority of his/her biological parent(s) or guardian or adopter(s) in case of
rescission of adoption.

(c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly relinquishes parental
authority to the Department.
(d) "Involuntarily committed child" is one whose parent(s),known or unknown, has been permanently
and judicially deprived of parental authority due to abandonment; substantial, continuous, or repeated
neglect; abuse; or incompetence to discharge parental responsibilities.

(e) "Abandoned child" refers to one who has no proper parental care or guardianship or whose parent(s)
has deserted him/her for a period of at least six (6) continuous months and has been judicially declared
as such

(f)"Supervised trial custody" is a period of time within which a social worker oversees the adjustment
and emotional readiness of both adopter(s) and adoptee in stabilizing their filial relationship.

(g) "Department" refers to the Department of Social Welfare and Development.

(h) "Child-placing agency" is a duly licensed and accredited agency by the Department to provide
comprehensive child welfare services including, but not limited to, receiving applications for adoption,
evaluating the prospective adoptive parents, and preparing the adoption home study.

(I) Child-caring agency" is a duly licensed and accredited agency by the Department that provides twenty
four (24)-hour residential care services for abandoned, orphaned, neglected, or voluntarily committed
children.

(j) Simulation of birth" is the tampering of the civil registry making it appear in the birth records that a
certain child was born to a person who is not his/her biological mother, causing such child to lose
his/her true identity and status.

PRE-ADOPTION SERVICES

Section 4. Counseling Service.- The Department shall provide the services of licensed social workers to
the following

(a) Biological Parent(s) - Counseling shall be provided to the parent(s) before and after the birth of
his/her child. No binding Commitment to an adoption plan shall be permitted before the birth of his/her
child. A period of six (6) months shall be allowed for the biological parent(s) to reconsider any decision
to relinquish his/her child for adoption before the decision becomes irrevocable. Counseling and
rehabilitation services shall also be offered to the biological parent(s) after he/she has relinquished
his/her child for adoption.

Steps shall be taken by the Department to ensure that no huried decisions are made and all alternatives
for the child's future and the implications of each alternative have been provided.

(b) Prospective Adoptive Parent(s)- Counseling sessions, adoption for and seminars, among others, shall
be provided to prospective adoptive parent(s) to resolve possible adoption issues and to prepare
him/her for effective parenting.
(c) Prospective Adoptee - Counseling sessions shall be provided to ensure that he/she understands the
nature and effects of adoption and is able to express his/her views on adoption in accordance with
his/her age and level of maturity.

Section 5. Location of Unknown Parent(s). - It shall be the duty of the Department or the child-placing or
child-caring agency which has custody of the child to exert all efforts to locate his/her unknown
biological parent(s). If such efforts fail, the child shall be registered as a foundling and subsequently be
the subject of legal proceedings where he/she shall be declared abandoned.

Section 6. Support Services. -The Department shall develop a pre-adoption program which shall include,
among others, the above mentioned services.

ELIGIBILITY

Section 7. Who May Adopt. - The following may adopt:

(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral
character, has not been convicted of any crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at least Sixteen (16) years older than the adoptee, and
who is in a position to support and care for his/her children in keeping with the means of the family. The
requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived
when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's parent

(b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That
his/her country has diplomatlic relations with the Republic of the Philippines, that he/she has been living
in the Philippines for at least three (3)continuous years prior to the filing of the appiication for adoption
and maintains such residence until the adoption decree is entered, that he/she has been certified by
his/her diplomatic or consular office or any appropriate government agency that he/she has the legal
capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her
country as his/her adopted son/daughter: Provided, Furtner, That the requirements on residency and
certification of the alien's qualification to adopt in his/her country may be waived for the following

(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity
or affinity; or

(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or

(iii) one who is maried to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative
within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after the termination of the guardianship and clearance of
his/her financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate

son/daughter of the other, or

(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter. Provided, However, that the
other spouse has signified his/her consent thereto; or

(iii) if the spouses are legally separated from each other. In case husband and wife jointly adopt, or one
spouse adopts the illegitimate son/daughter of the other, joint

parental authority shall be exercised by the spouses.

Section 8. Who May Be Adopted. - The following may be adopted:

(a) Any person below eighteen (18) years of age who has been administratively or judicially declared
available for adoption;

(b) The legitimate son/daughter of one spouse by the other spouse,

(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy

(d) A person of legal age if, prior to the adoption, said person has been consistently considered and
treated by the adopter(s)

as his/her own child since minority,

(e) A child whose adoption has been previously rescinded; or

(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be
initiated within six(6) months from the time of death of said parent(s)

Section 9. Whose Consent is Necessary to the Adoption. After being properly counseled and informed of
his/her right to give or withhold his/her approval of the adoption, the written consent of the following
to the adoption is hereby required

(a) The adoptee, if ten (10) years of age or over

(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government
instrumentality which has legal custody of the child,
(c) The legitimate and adopted sons/daughters, ten (10) yearss of age or over, of the adopter(s) and
adoptee, if any,

(d) The illegitimate sons/daughters, ten (10) years of age or Over, of the adopter if living with said
adopter and the latters spouse, if any, and

(e) The spouse, if any, of the person adopting or to be adopted.

PROCEDURE

Section 10. Hurried Decisions. - In all proceedings foradoption, the court shall require proof that the
biological parent(s) has been properly counseled to prevent him/her from making hurried decisions
caused by strain or anxiety to give up the child, and to sustain that all measures to strengthen the family
have been exhausted and that any prolonged stay of the child in his/her own home will be inimical to
his/her welfare and interest.

Section 11. Case Study. - No petition for adoption shall be set for hearing unless a licensed social worker
of the Department the social service office of the local government unit, or any child-placing or child-
caring agency has made a case study of the adoptee, his/her biological parent(s), as well as the
adopter(s), and has submitted the report and recommendations on the matter to the court hearing such
petition.

At the time of preparation of the adoptee's case study, the concerned social worker shall confirm with
the Civil Registry the real identity and registered name of the adoptee. If the birth of the adoptee was
not registered with the Civil Registry, it shall be the responsibility of the concerned social worker to
ensure that the adoptee is registered.

The case study on the adoptee shall establish that he/she is legally available for adoption and that the
documents to support this fact are valid and authentic. Further, the case study of the adopter(s) shall
ascertain his/her genuine intentions and that the adoption is in the best interest of the child.

The Department shall intervene on behalf of the adoptee if it finds, after the conduct of the case studies,
that the petition should be denied. The case studies and other relevant documents and records
pertaining to the adoptee and the adoption shall be preserved by the Department.

Section 12. Supervised Trial Custody. - No petition for adoption shall be finally granted until the
adopter(s) has been given by the court a supervised trial custody period for at least six (6) months within
which the parties are expected to adjust psychologically and emotionaly to each other and establish a
bonding relationship. During said period, temporary parental authority shall be vested in the adopter(s).
The court may motu proprio or upon motion of any party reduce the trial period if it finds the same to
be in the best interest of the adoptee, stating the reasons for the reduction of the period. However, for
alien adopter(s), he/she must complete the six (6)-month trial custody except for those enumerated in
Sec. 7 (b) (i)(ii) (iii).

If the child is below seven (7) years of age and is placed with the prospective adopter(s) through a pre-
adoption placement authority issued by the Department, the prospective adopter(s)shall enjoy all the
benefits to which biological parent(s) is entitled from the date the adoptee is placed with the
prospective adopter(s).

Section 13. Decree of Adoption. - If, after the publication of the order of hearing has been complied
with, and no opposition has been interposed to the petition, and after consideration of the case studies,
the qualifications of the adopter(s), trial custody report and the evidence submitted, the court is
convinced that the petitioners are qualified to adopt, and that the adoption would redound to the best
interest of the adoptee, a decree of adoption shall be entered which shall be effective as of the date the
original petition was filed. This provision shall also apply in case the petitioner(s) dies before the
issuance of the decree of adoption to protect the interest of the adoptee. The decree shall state the
name by which the child is to be known.

Section 14. Civil Registry Record. An amended certificate of birth shall be issued by the Civil Registry, as
required by the Rules of Court, attesting to the fact that the adoptee is the child of the adopter(s) by
being registered with his/her surname.The original certificate of birth shall be stamped "cancelled" with
the annotation of the issuance of an amended birth certificate units place and shall be sealed in the civil
registry records. The new birth certificate to be issued to the adoptee shall not bear any notation that it
is an amended issue.

Section 15. Confidential Nature of Proceedings and Records - All hearings in adoption cases shall be
confidential and shall not be open to the public. All records, books, and papers relating to the adoption
cases in the files of the court, the Department, or any other agency or institution participating in the
adoption proceedings shall be kept strictly confidential.

If the court finds that the disclosure of the information to a third person is necessary for purposes
connected with or arising out of the adoption and will be for the best interest of the adoptee, the court
may merit the necessary information to be released, restricting the purposes for which it may be used.

EFFECTS OF ADOPTION
Section 16. Parental Authority. -Except in cases where the biological parent is the spouse of the adopter,
all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then
be vested on the adopter(s).

Section 17. Legitimacy. -The adoptee shall be considered the legitimate son/daughter of the adopter(s)
for all intents and purposes and as such is entitled to all the rights and obligations provided by law to
legitimate sons/daughters born to them without discrimination of any kind. To this end, the adoptee is
entitled to love, guidance, and support in keeping with the means of the family.

Section 18. Succession. In legal and intestate succession, the adopter(s) and the adoptee shall have
reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee and
his/her biological parent(s) had left a will, the law on testamentary succession shall govern.

RESCISSION OF ADOPTION

Section 19. Grounds for Rescission of Adoption. Upon petition of the adoptee, with the assistance of the
Department if a minor or if over eighteen (18) years of age but is incapacitated, as guardian/counsel, the
adoption may be rescinded on any of the following grounds committed by the adopter(s): (a) repeated
physical and verbal maltreatment by the adopter(s) despite having undergone counseling; (b) attempt
on the life of the adoptee; (c) sexual assault or violence; or (d) abandonment and failure to comply with
parental obligations.

Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter(s)
However, the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code

Section 20. Effects of Rescission. If the petition is granted, the parental authority of the adoptee's
biological parent(s), if known, or the legal custody of the Department shall be restored if the adoptee is
still a minor or incapacitated. The reciprocal rights and obligations of the adopter(s) and the adoptee to
each other shall be extinguished.

The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and
restore his/her original

birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of
judicial rescission. Vested rights acquired prior to judicial rescission shall be respected. All the foregoing
effects of rescission of adoption shall be without prejudice to the penalties imposable under the Penal
Code if the criminal acts are property proven.

VIOLATIONS AND PENALTIES

Section 21. Violations and Penalties.-(a) The penalty of imprisonment ranging from six (6) years and one
(1) day to twelve (12) years and/or a fine not less than Fifty thousand pesos (P50,000.00), but not more
than two hundred thousand pesos (P200,000.00) at the discretion of the court shall be imposed on any
person who shall commit any of the following acts:

(i) obtaining consent for an adoption through coercion, undue influence, fraud, improper material
inducement, or other similar acts,

(ii) non-compliance with the procedures and safeguards provided by the law for adoption; or

(iii) subjecting or exposing the child to be adopted to danger abuse, or exploitation

(b) Any person who shall cause the fictitious registration of the birth of a child under the name (s) of a
person(s) who is not his/her biological parent(s) shall be guilty of simulation of birth, and shall be
punished by prision mayor in its medium period and a fine not exceeding Fifty thousand pesos
(P50,000.00).

Any physician or nurse or hospital personnel who, in violation of his/her oath of office, shall cooperate in
the execution of the above mentioned crime shall suffer the penalties herein prescribed and also the
penalty of permanent disqualification.

Any person who shall violate established regulations relating to the confidentiality and integrity of
records, documents, and communications of adoption applications, cases, and processes shall suffer the
penalty of imprisonment ranging from one (1year and one (1) day to two (2) years, and/or a fine of not
less than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), at the
discretion of the court

A penalty lower by two (2) degrees than that prescribed for the consummated offense under this Article
shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated. Acts
punishable under this Article, when committed by a syndicate or where it involves two (2) or more
children shall be considered as an offense constituting child trafficking and shall merit the penalty of
reclusion perpetua

Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of
three (3) or more persons conspiring and/or confederating with one another in carying out any of the
unlawful acts defined under this Article. Penalties as are herein provided, shall be in addition to any
other penalties which may be imposed for the same acts punishable under other laws, ordinances,
executive orders, and proclamations

When the offender is an alien, he/she shall be deported immediately after service of sentence and
perpetually excluded from entry to the country.

Any govemment official, employee or functionary who shall be found guilty of violating any of the
provisions of this Act, or who shall conspire with private individuals shall, in addition to the above-
prescribed penalties, be penalized in accordance with existing civil service laws, rules and regulations:
Provided, That upon the filing of a case, either administrative or criminal, said government official,
employee, or functionary concerned shall automatically suffer suspension until the resolution of the
case.

Section 22. Rectification of Simulated Births. -A person who has, prior to the effectivity of this Act,
simulated the birth of a child shall not be punished for such act Provided, That the simulation of birth
was made for the best interest of the child and that he/she has been consistently considered and
treated by that person as his/her own son/daughter Provided, further, That the application for
Correction of the birth registration and petition for adoption shall be filed within five (5) years from the
effectivity of this Act and completed thereafter: Provided, finally, That such person complies with the
procedure as specified in Article V of this Act and other requirements as determined by theDepartment.

FINAL PROVISONS

Section 23. Adoption Resource and Referral Office. - There shall be established an Adoption Resources
and Referal Office under the Department with the following functions: (a) monitor the existence,
number, and flow of children legally available for adoption and prospective adopter(s) so as to facilitate
their matching: (b) maintain a nationwide infomation and educational campaign on domestic adoption;
(c) keep records of adoption proceedings; (d) generate resources to help child-caring and child-placing
agencies and foster homes maintain viability; and(e) do policy research in collaboration with the
Intercountry Adoption Board and other concerned agencies. The office shall be manned by adoption
experts from the public and pivate sectors.
Approved: February 25, 1998

SALIENT POINTS OF REPUBLIC ACT 8043

"An act establishing the rules to govern inter-country adoption of filipino children, and for other
purposes"

This Act shall be known as the "Inter-Country Adoption Actof 1995."

Sec. 2. Declaration of Policy.-   It is hereby declared the policy of the State to provide every neglected
and abandoned child with a family that will provide such child with love and care as well as
opportunities for growth and development. Towards this end, efforts shall be exerted to place the child
with an adoptive family in the Philippines. However, recognizing that inter-country adoption may be
considered as allowing aliens not presently allowed by law to adopt Filipino children if such children
cannot be adopted by qualified Filipino citizens or aliens, the State shall take measures to ensure that
inter-country adoptions are allowed when the same shall prove beneficial to the child's best interests,
and shall serve and protect his/her fundamental rights.

Sec. 3. Definition of Terms.- As used in this Act. the tem:

(a) Inter-country adoption - refers to the socio-legal process of adopting a Filipino child by a foreigner or
a Filipino

citizen permanently residing abroad where the petition is filed, the supervised trial custody is
undertaken, and the decree of adoption is issued Outside the Philippines.

(b) Child means a person below fifteen (15) years of age unless sooner emancipated by law.

(c) Department - refers to the Department of Social Welfare and Development of the Republic of the
Philippines.

(d) Secretary - refers to the Secretary of the Department of Social Welfare and Development.
(e) Authorized and accredited agency - refers to the State welfare agency or a licensed adoption agency
in the country of the adopting parents which provide comprehensive social services and which is duly
recognized by the Department.

(f) Legally-free child - means a child who has been voluntarily or involuntarily committed to the
Department, in

accordance with the Child and Youth Welfare Code.

(g) Matching -  refers to the judicious pairing of the adoptive child and the applicant to promote a
mutually satisfying parent-

child relationship.

(h) Board refers to the Inter-country Adoption Board.

THE INTER-COUNTRY ADOPTION BOARD

Sec. 4. The Inter-Country Adoption Board.-There is hereby created the Inter-Country Adoption Board,
hereinafter referred to as the Board to act as the central authority in matters relating

to inter-country adoption. It shall act as the policy-making body for purposes of carrying out the
provisions of this Act, in

consultation and coordination with the Department, the different child-care and placement agencies,
adoptive agencies, as well as non-governmental organizations engaged in child-care and placement

activities. As such, it shall:

(a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale or any other practice in
connection with

adoption which is harmful, detrimental, or prejudicial to the child

(b) Collect, maintain, and preserve confidential information about the child and the adoptive parents

(c) Monitor, follow up, and facilitate completion of adoption of the child through authonized and
accredited agency
(d) Prevent improper financial or other gain in

connection with an adoption and deter improper practices

Contrary to this Act

(e) Promote the development of adoption services including post-legal adoption,

(f) License and accredit child-caring/placement agencies and collaborate with them in the placement of
Filipino

children.

(g) Accredit and authorize foreign adoption agency in the placement of Filipino children in their own
country, and

(n) Cancel the license to operate and blacklist the child-caring and placement agency or adoptive agency
involved from the accreditation list of the Board upon a finding of violation of any provision under this
Act.

Sec. 5. Composition of the Board, The Board shall be composed of the Secretary of the Department as ex
officio Chaiman, and six (6) other members to be appointed by the President for a nonrenewable term
of six (6) years: Provided, That there shall be appointed one (1) psychiatrist or psychologist, two (2)
lawyers who shall have at least the qualifications of a regional trial court judge, one (1) registered social
worker and two (2) representatives from non-governmental organizations engaged in child-caring and
placement activities. The members of the Board shall receive a per diem allowance of One thousand five
hundred pesos(P1,500) for each meeting attended by them: Provided, further,That no compensation
shall be paid for more than four (4) meetings a month.

Sec. 6. Powers and Functions of the Board.- The Board shall have the following powers and functions

(a) to prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of
this Act, after consultation and upon favorable recommendation of the different agencies concerned
with the child-caring, placement,and adoption;

(b) to set the guidelines for the convening of an Inter- country Adoption Placement Committee which
shall be under the direct supervision of the Board;
(c) to set the guidelines for the manner by which selection/matching of prospective adoptive parents
and adoptive child can be made;

(d) to determine a reasonable schedule of fees and charges to be exacted in connection with the
application for adoption,

(e) to determine the form and contents of the

application for inter-country adoption;

(g) to institute systems and procedures to prevent improper financial gain in connection with adoption
and deter improper practices which are contrary to this Act

(h) to promote the development of adoption services, including post-legal adoption services,

(i) to accredit and authorize foreign private adoption agencies which have demonstrated
professionalism, competence and have consistently pursued non-profit objectives to engage in the
placement of Filipino children in their own country: Provided, That such foreign private agencies are
duly authorized and accredited by their own government to conduct inter-country adoption: Provided,
however, That the total number of authorized and accredited foreign private adoption agencies shall not
exceed one hundred (100) a year;

(j) to take appropriate measures to ensure

confidentiality of the records of the child, the natural parents and the adoptive parents at all times,

(k) to prepare, review or modify, and thereafter,

recommend to the Department of Foreign Affairs, Memoranda of Agreement respecting inter-country

adoption consistent with the implementation of this Act and its stated goals, entered into,between and
among foreign governments, international organizations and recognized international non-
governmental organizations

(l) to assist other concerned agencies and the courts in the implementation of this Act, particularly as
regards coordination with foreign persons, agencies and other entities involved in the process of
adoption and the physical transfer of the child; and
(m) to perfom such other functions on matters relating to inter-country adoption as may be detemined
by the President.

PROCEDURE

Sec. 7. inter-Country Adoption as the Last Resort. -- The Board shall ensure that all possibilities for
adoption of the child under the Family Code have been exhausted and that intercountry adoption is in
the best interest of the child. Towards this end, the Board shall set up the guidelines to ensure that steps
will be taken to place the child in the Philippines before the child is placed for inter-country adoption:
Provided, however, That the maximum number that may be allowed for foreign adoption shall not
exceed six hundred (600) a year for the first five (5) years.

Sec. 8. Who May be Adopted.- Only a legally free child maybe the subject of inter-country adoption. In
order that such child may be considered for placement, the following documents must be submitted to
the Board:

(a)Child study;

(b)Birth certificate/foundling certificate;(c)Deed of voluntary Commitment/decree

of abandonment/death certificate of parents

(d)Medical evaluation /history;(e)Psychological evaluation, as necessary; and

(f) Recent photo of the child.

Sec. 9. Who May Adopt.-An alien or a Filipino citizen permanently residing abroad may file an
application for inter-country adoption of a Filipino child if he/she:

(a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be
adopted, at the time of application unless the adopter is the parent by nature of the child to be adopted
or the spouse of such parent:

(b) if married, his/her spouse must jointly file for the adoption,

(c) has the capacity to act and assume all rights and responsibilities of parental authority under his
national laws, and has undergone the appropriate counseling from an accredited counselor in his/her
country:

(d) has not been convicted of a crime involving moral turpitude,

(e) is eligible to adopt under his/her national law

(f) is in a position to provide the proper care and support and to give the necessary moral values and
example to all his children, including the child to be adopted,

(g) agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N Convention
on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions
of this Act;

(h) comes from a country with whom the Philippines has diplomatic relations and whose government
maintains a similarly authorized and accredited agency and that adoption is allowed under his/her
national laws; and

(i) possesses all the qualifications and none of the disqualifications provided herein and in other
applicable Philippine laws.

Sec. 10. Where to File Application.- An application to adopt a Filipino child shall be filed either with the
Philippine Regional Trial Court having jurisdiction over the child or with the Board, through an
intermediate agency, whether governmental or anauthorized and accredited agency, in the country of
the prospective adoptive parents, which application shall be in accordance with the requirements as set
forth in the implementing rules and regulations to be promulgated by the Board.

The application shall be supported by the following documents written and officially translated in
English.

(a) Birth certificate of applicant(s):

(b) Marriage contract, if married, and divorce decree, if applicable;

(c) Written consent of their biological or adoptive children above ten (10) years of age, in the form of
sworn statement;

(d) Physical, medical and psychological evaluation by a duly licensed physician and psychologist;

(e) Income tax returns or any document showing the financial capability of the applicant(s),

(f) Police clearance of applicant(s)

(g) Character reference from the local church/minister, the applicants employer and a member of the
immediate community who have known the applicant(s) for at least five (5) years; and
(h) Recent postcard-size pictures of the applicant(s) and his immediate family,

The Rules of Court shall apply in case of adoption by judicial proceedings

Sec. 11. Family Selection/Matchlng. No child shall be matched to a foreign adoptive family unless it is
satisfactorily shown that the child cannot be adopted locally. The clearance, as issued by the Board, with
the copy of the minutes of the meetings, shall form part of the records of the child to be adopted. When
the Board is ready to transmit the Placement Authority to the authorized and accredited inter-country
adoption agency and all the travel documents of the child are ready, the adoptive parents, or any one of
them, shall personally fetch the child in the Philippines.

Sec. 12. Pre-adoptive Placement Costs. The applicant(s) shall bear the following costs incidental to the
placement of the child

(a) The cost of bringing the child from the Philippines to the residence of the applicant(s) abroad,
including all travel expenses within the Philippines and abroad; and

(b) The cost of passport, visa, medical examination and psychological evaluation required, and other
related expenses.

Sec. 13. Fees, Charges and Assessments. -Fees, charges, and assessments collected by the Board in the
exercise of its functions shall be used solely to process applications for intercountry adoption and to
support the activities of the Board.

Sec. 14. Supervision of Trial Custody. The governmental agency or the authorized and accredited agency
in the country of the adoptive parents which flied the application for intercountry adoption shall be
responsible for the trial custody and the care of the child. It shall also provide family counseling and
other related services. The trial custody shall be for a period of six (6) months from the time of
placement. Only after the lapse of the period of trial custody shall a decree of adoption be issued in the
said country a copy of which shall be sent to the Board to form part of the records of the child.

During the trial custody, the adopting parent(s) shall submit to the governmental agency or the
authorized and accredited agency, which shall in turn transmit a copy to the Board, a progress report of
the child's adjustment. The progress report shall be taken into consideration in deciding whether or not
to issue the decree of adoption.
The Department of Foreign Affairs shall set up a system by which Filipino children sent abroad for trial
custody are monitored and checked as reported by the authorized and accredited inter-country
adoption agency as well as the repatriation to the Philippines of a Filipino child whose adoption has not
been approved.

Sec. 15. Executive Agreements. The Department of Foreign Affairs, upon representation of the Board,
shall cause the preparation of Executive Agreements with countries of the foreign adoption agencies to
ensure the legitimate concurrence  of said countries in upholding the safeguards provided by this Act.

PENALTIES

Sec. 16. Penalties.

(a) Any person who shall knowingly participate in the conduct or carrying out of an illegal adoption, in
violation of the provisions of this Act, shall be punished with a penalty of imprisonment ranging from six
(6) years and one (1) day to twelve (12) years and/or a fine of not less than Fifty thousand pesos
(P50,000), but not more than Two hundred thousand pesos (P200.000), at the discretion of the court.
For purposes of this Act, an adoption is llegal if it is effected in any manner contrary to the provisilons of
this Act or established State policies, its implementing rules and regulations, executive agreements, and
other laws pertaining to adoption. Illegality may be presumed from thefollowing acts

(1)consent for an adoption was acquired through, or attended by coercion, fraud, improper material
inducement;

(2)there is no authority from the Board to effect adoption;

(3) the procedures and safeguards placed under the law for adoption were not complied with; and

(4)the child to be adopted is subjected to, or exposed to danger, abuse and exploitation.

(b)Any person who shall violate established regulations relating to the confidentiality and integrity of
records, documents and communications of adoption applications, cases and processes shall suffer the
penalty of imprisonment ranging from one (1)year and one (1) day to two (2) years, and/or a fine of not
less than Five thousand pesos (P5,000), but not more than Ten thousand pesos (P10,000), at the
discretion of the court.

A penalty lower by two (2) degrees than that prescribed for the consummated  felony under this Article
shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated.

  Acts punishable under this Article, when committed by a syndicate or where it involves two or more
children shall be considered as an offense constituting child trafficking and shall merit the penalty of
reclusion perpetua.

Acts punishable under this Article are deemed

committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or
confederating with one another in carrying out any of the unlawful acts defined under this Article.
Penalties as are herein provided shall be in addition to any other penalties which may be imposed for
the same acts punishable under other laws, ordinances, executive orders, and proclamations.

Sec. 17. Public Officers as Offenders.- Any government official, employee or functionary who shall be
found guilty of Violating any or the provisions of this Act, or who shall conspire with private individuals
shall, in addition to the above-prescribed penalties, be penalized in accordance with existing civil service
laws, rules and regulations: Provided, That upon the filing of a case, either administrative or criminal,
said government official,employee or functionary concerned shall automatically suffer suspension until
the resolution of the case.

FINAL PROVISiONS

Sec. 18. Implementing Rules and Regulations The Inter country Adoption Board in coordination with the
Council for the Welfare of Chidren, the Departent of Foreign Affairs and the Department of Justice, after
due consultation with agences involved in child-care and placement, shall promulgate the necessary
rules and regulations to implement the provisions of this Act within six (6) months after its effectiity.

Approved: June 7, 1995

SALIENT POINTS OF REPUBLIC ACTS 7610 AND 9231 RA 7610

   An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and
Discrimination, and for other purposes

RA 9231

   An Act Providing For the Elimination of the Worst Forms of Child Labor and Affording Stronger
Protection for the Working Child, Amending for this purpose Republic Act No.7610, as Amended,
otherwise known as the "Special Protection of Children Against Chid

Abuse, Exploitation And Discrimination Act

Below are the salient provisions of the above mentioned statutes that must be harmonized and
construed together to give effect to both laws
Section 1. Section 2. of Repubic Act No. 7610, as amended, otherwise known as the Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act, is hereby amended to read as follows

"Sec. 2. Declaration of State Poliy and Principles- is hereby declared to be the policy of the State to
provide special protection to children from all forms of abuse, neglect, cruelty exploitation and
discrimination, and other conditions prejudicial to their development including child labor and its worst
forrms; provide sanctions for their commission and carry out a program for prevention and deterrence
of and crisis intervention in situations of child abuse, exploitation and discriminaton. The State shall
intervene on behalf of the child when the parent guardian, teacher or person having care or custody of
the chid fails or is unable to protect the chid against abuse, exploitation and discrimination or when such
acts against the chid are committed by the said parent guardian teacher or person having care and
custody of the same

It shall be the policy of the state to protect and rehabilitate chidren gravey threatened or endangered by
circumstances which affect or which affect their Survival and

normal development and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning them,
whether undertaken by public or private social welfare institutions, courts of law, administrative
authorities, and legislative bodies consistent with the principle of First Call for Children as enunciated in
the United Nations Convention on the Rights of the Child. Every effort shall be exerted to promote the
welfare of children and enhance their opportunities for a useful and happy

life."

Section 2, Section 12 of the same Act, as amended is hereby further amended to read as follows:"

Sec. 2. Employment of Children - Children below fifteen (15) years of age shall not be employed except

1) When a child works directly under the sole responsibility of his/her parents or legal guardian and
where only members of his/her family are employed: Provided, however, That his/her employment
neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development:
Provided further, That the parent or legal guardian shall provide the said child with the prescribed
primary and/or secondary education

or

"2) Where a child's employment or participation in public entertainment or information through cinema,
theater, radio television or other fomns of media is essential: Provided, That the employment contract is
concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor and Employment: Provided, further, That the
following requirements in all instances are strictly complied with:
"(a) The employer shall ensure the protection, health, safety morals and normal development of the
child

"(b) The employer shall institute measures to prevent the child's exploitation or discrimination taking
into account the system and level of remuneration, and the duration and arangement of working time;
and

"(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skills acquisition of the child

   "In the above-exceptional cases where any such child may be employed, the employer shall first
secure, before engaging such child, a work permit from the Department of Labor and Employment
which shall ensure observance of the above requirements.

  For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years of age

Section 3. The same Act, as amended, is hereby further amended by adding new sections to be
denominated a Sections 12-A, 12-B, 12-C, and 12-D to read as follows

Sec. 2-A. Hours of Work of a Working Child. Under the exceptions provided in Section 12 of this Act, as
amended

(1) A child below fifteen (15) years of age may be allowed work for not more than twenty (20) hours a
week: Provided, that the work shall not be more than four (4) hours at any given day;

"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than
eight (8) hours a day, and in no case beyond forty (40) hours a week;

"(3) No child below fifteen (15) years of age shall be allowed to work between eight o clock in the
evening and six o'clock in the morning of the following day and no child fifteen (15) years of age but
below eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in the
morning of the following day."

"Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income.The wages, salaries,
earnings

and other income of the working child shall belong to him/her in ownership and shall be set aside
primarily for his/her support, education or skills acquisition and secondarily to the collective needs of
the family: Provided, That not more than twenty percent (20%) of the child's income may be used for
the collective needs of the family.
"The income of the working child and/or the property acquired through the work of the child shall be
administered by both parents. In the absence or incapacity of either of the parents, the other parent
shall administer the same,  in case both parents are absent or incapacitated, the order of preference on
parental authority as provided for under the Family Code shall apply.

"Sec. 12-C. Trust Fund to Preserve Part of the

Working Child's Income. The parent or legal guardian of a working child below eighteen (18) years of age
shall set up a trust fund for at least thirty percent (30%) of the earnings of the child whose wages and
salaries from work and other income amount to at least two hundred thousand pesos (P200,000.00)
annually, for which he/she shall render a semi-annual accounting of the fund to the Department of
Labor and Employment, in compliance with the provisions of this Act. The child shall have full control
over the trust fund upon reaching the age of majority.

"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. No child shall be engaged in the worst forms
of child labor. The phrase 'worst forms of child labor" shall refer to any of the following:

"(1) All forms of slavery, as defined under the "Anti- trafficking in Persons Act of 2003", or practices
similar to slavery Such as sale and trafficking of children, debt bondage and  serfdom and forced or
compulsory labor, including recruitment of children for use in armed conflict, or

"(2) The use, procuring, offering or exposing of a child for prostitution, for the production of
pornography or for pornographic perfomances, or

"(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and
trafficking of dangerous drugs and volatile substances prohibited under existing laws, or

"(4) Work which, by its nature or the circumstances in which it is caried out, is hazardous or likely to be
harmful to the health, safety or morals of children, such that it:

a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being, or

b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful
psychologically or may prejudice morals; or

c) Is performed underground, underwater or at dangerous heights or

"
d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive
power-actuated tools or

"e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing,
physical strength or contortion, or which requires the manual transport of heavy roads or

f) ls performed in an unhealthy environment exposing the child to hazardous working conditions,

elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances,
noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or

g) Is perfomed under particularly difficult conditions; or

"h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and
other parasites; or

"i) Involves the manufacture or handling of explosives and other pyrotechnic products."

Section 4. Section 13 of the same Act is hereby amended to read as follows:

"Sec. 13. Access to Education and Training for

Working Children-

"a) No child shall be deprived of formal or non-formal education. In all cases of employment allowed in
this Act, the employer shall provide a working child with access to at least primary and secondary
education.

"b) To ensure and guarantee the access of the working child to education and training, the Department
of Education (DEPED) shall:

(1) fomulate, promulgate, and implementbrelevant and effective course designs and educational
programs;

(2) Conduct the necessary training for the implementation of the appropriate curriculum for the
purpose;

(3) ensure the availability of the needed educational facilities and materials; and

(4) Conduct continuing research and development program for the necessary and relevant alternative
education of the working child.
"c) The DEPED shall promulgate a course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of working children who have not undergone
or finished elementary or secondary education. Such course design shall integrate the learning process
deemed most effective under given circumstances."

Section 5. Section 14 of the same Act is hereby amended to read as follows:

  "Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. No child shall be
employed as a model in any advertisement directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its by products, gambling or any form of violence or pornography.”

Section 6. Section 16 of the same Act, is hereby amended to read as follows:

"Sec. 16. Penal Provisions

   ”a) Any employer who violates Sections 12, 12-A, and Section 14 of this act, as amended, shall be
penalized by imprisonment of six (6) months and one (1) day to six (6) years or a fine of not less than
Fifty thousand pesos (P50,000.00) but not more than Three hundred thousand pesos (P300,000.00) or
both at the discretion of the coun.

"b) Any person who violates the provision of Section 12-D of this act or the employer of the
subcontractor who employs, or the one who facilitates the employment of a child in hazardous work,
shall suffer the penalty of a fine of not less than One hundred thousand pesos (P100,000.00) but not
more than One million pesos (P1,000,000.00), or imprisonment of not less than twelve (12) years and
one (1) day to twenty (20) years, or both such fine and imprisonment at the discretion of the court.

"c) Any person who violates Sections 12-D(1) and 12D(2) shall be prosecuted and penalized in
accordance with the penalty provided for by R. A. 9208 otherwise known as the "Antitrafficking in
Persons Act of 2003": Provided, That Such penalty shall be imposed in its maximum period.

"d) Any person who violates Section 12-D (3) shall be prosecuted and penalized in accordance with RA.
9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002“: Provided, That such
penalty shall be imposed in its maximum period.

"e) If a corporation commits any of the viotations aforecited, the board of directors/trustees and
officers, which include the president, treasurer and secretary of the said corporation who participated in
or knowingly allowed the violation, shall be penalized accordingly as provided for under this Section.
"f) Parents, biological or by legal fiction, and legal guardians found to be violating Sections 12, 12-A, 12-B
and 12C of this Act shall pay a fine of not less than Ten thousand pesos (P10,000.00) but not more than
One hundred thousand pesos (P100,000.00), or be required to render community service for not less
than thirty (30) days but not more than one (1) year, or both such fine and community service at the
discretion of the court: Provided, That the maximum length of community service shall be imposed on
parents or legal guardians who have violated the provisions of this Act three (3) times; Provided, further,
That in addition to the community service, the penalty of imprisonment of thirty (30) days but not more
than one (1) year or both at the discretion of the court, shall be imposed on the parents or legal
guardians who have violated the provisions of this Act more than three (3) times.

"9) The Secretary, of Labor and Employment or his/her duly authorized representative may, after due
notice and hearing, order the closure of any business firm or estabiishment found to have violated any
of the provisions of this Act more than three (3) times. He/she shall likewise order the immediate
closure of such firm or establishment if:

"(1) The violation of any provision of this Act has resulted in the death, insanity or serious physical injury
of a child employed in such establishment; or

"(2) Such firm or establishment is engaged or employed in prostitution or in obscene or lewd shows.

"h) In case of such closure, the employer shall be required to pay the employee(s) the separation pay
and other monetary benefits provided for by law."

Section 7. The same Act is hereby further amended by adding a new section to be denominated as
Section 16-A, to read as follows:

"Sec. 16-A. Trust Fund from Fines and Penalties The fine imposed by the court shall be treated as a Trust
Fund, administered by the Department of Labor and Employment and disbursed exclusively for the
needs, including the costs of rehabilitation and reintegration into the mainstream of society of the
working children who are victims of the violations of this Act, and for the programs and projects that will
prevent acts of child labor

Section 8. Section 27 of the same Act is hereby  amended to read as follows: "
Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts committed against children as
enumerated herein may be filed by the following

"(a) Offended party; "

(b) Parents or guardians;

"(c) Ascendant or collateral relative within the third degree of consanguinity;

(d) Officer, social worker or representative of a licensed childcaring institution;

"(e) Officer or social worker of the Department of Social Welfare and Development;

"(f) Barangay chaiman of the place where the violation occurred, where the child is residing or
employed; or

"(g) At least three (3) concerned, responsible citizens where the violation occurred."

Child Prostitution and Other Sexual Abuse

Section 5. Child Prostitution and Other Sexual Abuse. -Children, whether male or female, who for
money, profit or any other consideration or due to the coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.

The penatty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not
limited to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or
other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such
child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years
of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of
Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be:
Provided, That the penalty for Iascivious conduct when the victim is under twelve (12) years of age shall
be reclusion temporal in its medium period;and

(c) Those who derive profit or advantage therefrom. whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in prostitution in addition to the activity for which the
license has been issued to said establishment.

Section 6. Attempt To Commit Child Prostitution. There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with
the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle Or
other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances
which would lead a reasonable person to believe that the child is about to be exploited in prostitution
and other sexual abuse.

There is also an attempt to commit child prostitution, Under paragraph (b) of Section 5 hereof when any
person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other
similar establishments. A Penalty lower by two (2) degrees than that prescribed for the Consummated
felony under Section 5 hereof shall be imposed Upon the principals of the attempt to commit the crime
of child prostitution under this Act, or, in the proper case, under the  Revised Penal Code.

Child Trafficking
Section 7. Child Trafficking. Any person who shall engage in trading and dealing with children including,
but not limited to, the act of buying and selling of a child for money, or for any other consideration, or
barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed
in its maximum period when the victim is under twelve  (12) years of age.

Section 8. Attempt to Commit Child Trafficking. There is an attempt to commit child trafficking under
Section 7 of this Act:

(a) When a child travels alone to a foreign country without valid reason therefor and without clearance
issued by the Department of Social Welfare and Development or written permit or justification from the
child's parents or legal guardian;

(b) When a person, agency, establishment or child caring institution recruits women or couples to bear
children for the purpose of child traffrcking; or

(c) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other
person simulates birth for the purpose of child trafficking; or

, (d) When a person engages in the act of finding children among low-income families, hospitals, clinics,
nurseries. day-care centers, or other chiId-during institutions who can be offered for the purpose of
child trafficking.

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7
hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.

Obscene Publications and Indecent Shows

Section 9. Obscene Publications and Indecent Shows. Any person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video,
or model in obscene publications or pornographic materials or to sell or distribute the said materials
shall suffer the penalty of prision mayor in its medium period.

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the
penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause
and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show
or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium
penod.

Other Acts of Abuse

  Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation . and Other Conditions Prejudicial to
the Child’s Development.

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the child's development including those covered by
Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as
amended, shall suffer the penalty of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten
(10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or message parlor, beach and/or other tourist resort or simiiar places
shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand
pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the
fourth degree of consanguinity or affinity or any bond recognized by law, Iocal custom and tradition or
acts in the performance of a sacral, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or
have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision
mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided,
however, That should the perpetrator be an ascendant, step parent or guardian of the minor, the
penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty
thousand pesos (P50,000), and the loss of parental authority over the minor.

(d) Any person, owner, manager or one éntrusted with the operation of any public or private place of
accommodation. whether for occupancy, food, drink or otherwise, including residential places, who
allows any person to take along with him to such place or places any minor herein described shall be
imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos
(P50,000), and the loss of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to; (1) Beg or
use begging as a means of living; (2) Act as conduit or middlemen in drug trafficking or pushing; or (3)
Conduct any illegal activities, shall suffer the penalty of prision correccionai in its medium period to
reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249. 262,
paragraph 2. and 263, paragraph 1 of Act No. 3815. as amended, the Revised Penal Code. for the crimes
of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be
reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of
acts punishable under Article 337, 339. 340 and 341. of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of qualified seduction, acts of lasciviousness With the consent of the offended
party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that
imposed by law when the victim is under twelve (12) years age. .

The victim of the acts committed under this section shall be entrusted to the care of the Department of
Social Welfare and Development. .

Sanctions for Establishments or Enterprises

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities
Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and
Indecent Shows, and Other Acts of Abuse. - All establishments and enterprises which promote or
facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent
shows, and other acts of abuse shall be immediately closed and their authority or license to operate
cancelled, without prejudice to the owner or manager thereof being prosecuted undert his Act and/or
the Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be
conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare
and Development for such period which shall not be less than one (1) year, as the Department may
determine. The unauthorized removaI of such sign shall be punishable by prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said establishment under this Act or in violation of the
Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment agency
which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children in a
lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said services
include any lascivious conduct with the customers; or solicits children or activities constituting the
aforementioned acts shall be deemed to have committed the acts penalized herein.

Section 8. Section 27 of the same Act is hereby amended to read as follows:

"Sec. 27. Who May File a Complaint. Complaints on cases of unlawful acts committed against children as
enumerated herein may be filed by the following:

"(a) Offended party;

"(b) Parents or guardians;

"(e) Ascendant or collateral relative within the third degree of consanguinity;

"(d) Officer. social worker or representative of a licensed chiId-caring institution;

"(e) Officer or social worker of the Department of Social Welfare and Development;

“f) Barangay chairman of the place where the violation occurred, where the child is residing or
employed; or

g) At least three (3) concerned, responsible citizens where the violation occurred."

SALIENT POINTS OF REPUBLIC ACT 9208             An Act to Institute Policies to Eliminate Trafficking in
Persons especially Women and Children, Establishing the Necessary lnstitutional Mechanisms for the
Protection and Support of Trafficked Persons, 'Providing Penalties for its Violations and for other
purposes.

Below are its salient provisions.

Section 2. Declaration of PoIicy. -it is hereby declared that the State values the dignity of every human
person and guarantees the respect of individual rights, in pursuit of this policy, the State shall give
highest priority to the enactment of measures and development of programs that will promote human
dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in persons,
and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked
persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the
mainstream of society.
it shall be a State poiicy to recognize the equal rights and inherent human dignity of women and men as
enshrined in the United Nations Universal Declaration on Human Rights, United Nations Convention on
the Rights of the Child, United Nations Convention on the Protection of Migrant Workers and their
Families. United Nations Convention Against Transnational Organized Crime including its Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and all other
relevant and universally accepted human rights instruments and other international conventions to
which the Philippines is a signatory.

Section 3. Definition of Terms. As used in this Act:

(a) Trafficking in Persons- refers to the recruitment, transportation, transfer or harboring, or receipt of
persons with or without the victim's consent or knowledge, within or across national borders by means
of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or
benefits to achieve the consent of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms
of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation
shall also be Considered as ‘trafficking in persons" even if it does not involve any of the means set forth
in the preceding paragraph.

(b) Child refers to a person below eighteen (18) years Of age or one who is over eighteen (18) but is
unable to fully take care of or protect himseif/herself from abuse, neglect. cruelty, exploitation, or
discrimination because of a physical or Mental disability or condition.

(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by
another, for sexual Intercourse or lascivious conduct in exchange for money, profit or any other
consideration.

(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom.
abuse of authenty or moral ascendancy, debt-bondage or deception.

(e) Sex Tourism refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and sexual
services as enticement for tourists. This includes sexual services and practices offered duuring rest and
recreation periods for members of the military.
(f) Sexual Exploitation refers to participation by a person in prostitution or the production of
pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, fence,
abuse of authority, debt bondage, fraud or through abuse of a victim's vulnerability.

(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of
a person under his/her control as security or payment for a debt, when the length and nature of services
is not clearly defined or when the value of the services as reasonably assessed is not applied toward the
liquidation of the debt.

(h) Pornography - refers to any representation, through publication, exhibition, cinematography,

indecent shows, information technology, or by whatever means, of a person engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a person for primarily
sexual purposes.

(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act.

Section 4. Acts of Trafficking in Persons. It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:

(a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those
done under the pretext of domestic or overseas employment or training or apprenticeship, for the
purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;

(b) To introduce or match for money, profit. or material,  economic or other consideration, any person
or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage
for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling,
or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person;
and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons. The following acts which promote or facilitate
trafficking in persons, shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the
purpose of promoting trafficking in persons;

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates and
stickers as proof of compliance with government regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet,
of any brochure, flyer, or any propaganda material that promotes trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide pre-
departure registration and services for departing persons for the purpose of promoting trafficking in
persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and
local airports, territorial boundaries and seaports who are in possession of unissued, tampered or
fraudulent travel documents for the purpose of promoting trafficking in persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the
country or seeking redress from the government or appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person
held to a condition of involuntary servitude, forced labor, or slavery

Section 6. Qualified Trafficking in Persons

The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-
Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) when the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another, it is deemed committed in large scale if committed against three (3) or more persons,
individually or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority
over the trafficked person or when the offense is committed by a public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of the military or
law enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes
insane, suffers mutilation or is afflicted with Human Immuno deficiency Virus (HiV) or the Acquired
Immune Deficiency Syndrome (AIDS).
Section 10. Penalties and Sanctions. The following penaities and sanctions are hereby established for the
offenses enumerated in this Act:

(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the
penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the
penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five
million pesos (P5,000,000.00); .

(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and
a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);

(e) If the offender is a corporation, partnership, association. club, establishment or any juridical person,
the penalty shall be imposed upon the owner. president, partner, manager, and/or any responsible
officer who participated in the commission of the crime or who shall have knowingly permitted or failed
to prevent its commission;

(f') The registration with the Securities and Exchange Commission (SEC) and license to operate of the
erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or
any piece of entertainment shall be cancelled and revoked permanently. The owner, president, partner
or manager thereof shall not be allowed to operate similar establishments in a different name;

(g) If the offender is a foreigner, he shall be immediately deported after sewing his sentence and be
barred permanentty from entering the country;

(h) Any employee or official of government agencies who shall issue or approve the issuance of travel
exit clearances, passports, registration certificates, counseling certificates, marriage license, and other
similar documents to persons, whether juridical or natural, recruitment agencies, establishments or
other individuals or groups, who fail to observe the prescribed procedures and the requirement as
provided for by laws, rules and reguiations, shall be held administratively liable, without prejudice to
criminal liability under this Act. The concerned government official or employee shall, upon conviction,
be dismissed from the service and be barred permanently to hold public office. His/her retirement and
other benefits shall likewise be forfeited; and

(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adoption.

Section 11. Use of Trafficked Persons. Any person who buys or engages the services of trafficked persons
for prostitution shall be penalized as follows:

(a) First offense six (6) months of community service as may be determined by the court and a fine of
Fifty thousand pesos (P50,000.00); and

(b) Second and subsequent offenses imprisonment of one (1) year and a fine of One hundred thousand
pesos (P100,000.00).

Section 12. Prescriptive Period. Trafficking cases under this Act shall prescribe in ten (10) years:
Provided, however, That trafficking cases committed by a syndicate or in a large scale as defined under
Section 6 shall prescribe in twenty (20) years.

Section 16. Programs that Address Trafficking in Persons. The government shall establish and implement
preventive, protective and rehabilitative programs for trafficked persons. For this purpose, the following
agencies are hereby mandated to implement the following programs;

(a) Department of Foreign Affairs (DFA) shall make available its resources and facilities overseas for
trafficked persons regardless of their manner of entry to the receiving country, and explore means to
further enhance its assistance in eliminating trafficking activities through closer networking with
government agencies in the country and overseas, particularly in the formulation of policies and
implementation of relevant programs.

The DFA shall take necessary measures for the efficient implementation of the Machine Readable
Passports to protect the integrity of Philippine passports, visas and other travel documents to reduce
the incidence of trafficking through the use of fraudulent identification documents.
It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on
intermarriages.

(b) Department of Social Welfare and Development (DSWD) shall implement rehabilitative and
protective programs for trafficked persons. It shall provide counseling and temporary shelter to
trafficked persons and develop a System for accreditation among NGOs for purposes of establishing
centers and programs for intervention in various levels of the community.

(c) Department of Labor and Employment (DOLE) shall ensure the strict implementation and compliance
with the rules and guidelines relative to the employment of persons locally and overseas. It shall
likewise monitor, document and report cases of trafficking in persons involving employers and labor
recruiters.

(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of trafficking and
designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall also
establish a mechanism for free legal assistance for trafficked persons, in coordination with the DSWD,
integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.

(e) National Commission on the Rote of Filipino Women (NCRFW) shall actively participate and
Coordinate in the formulation and monitoring of policies addressing the issue of trafficking in persons in
coordination with relevant government agencies. It shall likewise advocate for the inclusion of the issue
of trafficking in persons in both its local and international advocacy for women's issues.

(f) Bureau of Immigration (BI) shall strictly administer and enforce immigration and alien administration
laws. It shall adopt measures for the apprehension of suspected traffickers both at the place of arrival
and departure and shall ensure compliance by the Filipino fiancés/fiancées and spouses of foreign
nationals with the guidance and counseling requirement as provided for in this Act.

(g) Philippine National Police (PNP) shall be the primary law enforcement agency to undertake
surveillance, investigation and arrest of individuals or persons suspected to be engaged in trafficking. It
shall closely coordinate with various law enforcement agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers. It shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue operations.

(h) Philippine Overseas Employment Administration (POEA) shall implement an effective pre-
employment orientation seminars and pre-departure counseling programs to applicants for overseas
employment. It shall likewise formulate a system of providing free legal assistance to trafficked persons.
(i) Department of the Interior and Local Government (DiLG) shall institute a systematic information and
prevention campaign and likewise maintain a databank for the effective monitoring, documentation and
prosecution of cases on trafficking in persons.

(i) Local government units (LGUs) shall monitor and document cases of trafficking in persons in their
areas of jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of
this Act and ensure effective prosecution of such cases. They shall also undertake an information
campaign against trafficking in persons through the establishment of the Migrants Advisory and
Information Network (MAIN) desks in municipalities or provinces in coordination with DILG, Philippine
Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and other concerned agencies.
They shall encourage and support community based initiatives which address the trafficking in persons.

In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs, people's
organizations (Pos), civic organizations and other volunteer groups.

Section 17. Legal Protection to Trafficked Persons. Trafficked persons shall be recognized as victims of
the act or acts of trafficking and as such shall not be penalized for crimes directly related to the acts of
trafficking enumerated in this Act or in obedience to the order made by the trafficker in relation thereto.
In this regard, the consent of a trafficked person to the intended exploitation set forth in this Act shall be
irrelevant.

Section 18. Preferential Entitlement Under the Witness Protection Program. Any provision of Republic
Act No. 6981 to the contrary notwithstanding, any trafficked person shall be entitled to the Witness
protection program provided therein.

Section 19. Trafficked Persons Who are Foreign Nationals. Subject to the guidelines issued by the
Council, trafficked persons in the Philippines who are nationals of a foreign country shall also be entitled
to appropriate protection, assistance and services available to trafficked persons under this Act:
Provided, That they shall be pemittted continued presence in the Philippines for a length of time
prescribed by the Council as necessary to effect the prosecution of offenders.

Section 20. Inter-Agency Council Against Traficking. There is hereby established an Inter-Agency Council
Against Trafficking, to be composed of the Secretary of the Department Justice as Chairperson and the
Secretary of the Department Social Wetfare and Devetopment as Co-Chairperson and shall have the
following as members:
(a) Secretaty, Department of Foreign Affairs;

(b) Secretary, Department of Labor and Employment;

(c) Administrator, Phitippine Overseas Employment Administration;

(d) Commissioner, Bureau of Immigration;

(g) Director-General, Philippine National Police;

(f) Chairperson, National Commission on the Role of Filipino Women; and

(g) Three (3) representatives from NGOs, Who shall be composed of one (1) representative each from
among the sectors representing women, overseas Filipino workers (OFWs) and children, with a proven
record of involvement in the prevention and suppression of trafficking in persons. These representatives
shall be nominated by the government agency representatives of the Council, for appointment by the
President for a term of three (3) years.

The members of the Council may designate their permanent representatives who shall have a rank not
lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be
determined by the Council in accordance with existing budget and accounting, rules and  regulations.

Section 21. Functions of the Council. The Council shall have the following powers and functions:

(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in
persons;

(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various member agencies to effectively address the
issues and problems attendant to trafficking in persons;

(g) Coordinate the conduct of massive information dissemination and campaign on the existence of the
law and the various issues and problems attendant to trafficking through the LGUs concerned agencies,
and NGOs;

(f) Direct other agencies to immediately respond to the problems brought to their attention and report
to the Council on action taken;

(g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the
provisions of thus Act;

(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD,
Technical Education and Skills Development Authority (TESDA), Commission on Higher Education
(CHED), LGUs and NGOs;

(i) Secure from any department, bureau, office, agency, or instrumentatity of the government or from
NGOs and other civic organizations such assistance as may be needed to effectively implement this Act;

(j) Complement the shared government information system for migration established under Republic
Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with data
on cases of trafficking in persons, and ensure that the proper agencies conduct a continuing research
and study on the patterns and scheme of trafticking in persons which shall form the basis for policy
formulation and program direction;

’(k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of
trafficking in persons;

(I) Recommend measures to enhance cooperative efforts and mutual assistance among foreign
countries through bilateral and/or multilateral arrangements to prevent and suppress international
trafficking in persons;
(m) Coordinate with the Department of Transportation and Communications (DOTC), Department of
Trade and Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in
the intemet;

(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign
nationals in the Philippines;

(o) Initiate training programs in identifying and Providing the necessary intervention or assistance to
trafficked Persons; and

(p) Exercise all the powers and perform such other functions necessary to attain the purposes and
objectives of this Act.

Section 22. Secretariat to the Council. The Department of Justice shall establish the necessary
Secretariat for the Council.

Section 23. Mandatory Services to Trafficked Persons.- To ensure recovery, rehabilitation and
reintegration into the mainstream of society, concerned government agencies shall make available the
following services to trafficked persons:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services which shall include information about the victims' rights and the procedure for
filing complaints, claiming compensation and such other legal remedies available to them, in a language
understood by the trafficked person;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance to a trafficked child. Sustained supervision and follow through mechanism that
will track the progress of recovery, rehabilitation and reintegration of the trafficked persons shall be
adopted and carried out.

Section 24. Other Services for Trafficked Persons.

(a) Legal Assistance. Trafficked persons shall be considered under the category "Overseas Filipino in
Distress" and may avail of the legal assistance created by Republic Act No. 8042, subject to the
guidelines as provided by law.

(b) Overseas Filipino Resource Centers. The services available to overseas Filipinos as provided for by
Republic Act No. 8042 shall also be extended to trafficked persons regardless of their immigration status
in the host country.

(c) The Country Team Approach. The country team approach under Executive Order No. 74 of 1993, shall
be the operational scheme under which Philippine embassies abroad shall provide protection to
trafficked persons insofar as the promotion of their welfare, dignity and fundamental rights are
concemed.

Section 25. Repatriation of Trafficked Persons. The DFA. in coordination with DOLE and other
appropriate agencies, shall have the primary responsibility for the repatriation of trafficked persons,
regardless of whether they are documented or undocumented. If, however, the repatriation of the
trafficked persons shall expose the victims to greater risks, the DFA shall make representation with the
host government for the extension of appropriate residency permits and protection, as may be legally
permissible in the host country.

SALIENT POINTS OF REPUBLIC ACT 9262

An Act Defining Violence Against Women and their Children, Providing for Protective Measures for
Victims. Prescribing penalties therefore, and for other purposes.

Below are its salient provisions. 

SECTION 2. Declaration of Policy. It is hereby declared that the State values the dignity of women and
children and guarantees full respect for human rights. The State also recognizes the need to protect the
family and its members particularly women and children, from violence and threats to their personal
safety and security.
Towards this end, the State shall exert efforts to address violence committed against women and
children in keeping with the fundamental freedoms guaranteed under the Constitution and the
Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms
of discrimination Against Women, Convention on the Rights of the Child and other international human
rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms.As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman with whom the person has or
had a sexual or dating relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which result in or is likely to result in
physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to,
the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. “Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child.
It includes, but is not limited to:

a) rape, sexual harassment, acts of Iasciviousness, treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body,
forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to
do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the abuser,

b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional
suffering of the Victim such as but not limited to intimidation. harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing
the victim to witness the physical, sexual or psychological abuse of a member of the family to which the
victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful
or unwanted deprivation of the right to custody end/or visitation of common children.

D. "Economic abuse” refers to acts that make or attempt to make a woman financially dependent which
includes but is not limited to the following

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession,
occupation. business or activity, except in cases wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of
the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or
properties.

(b) "Battery” refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress.

(c) “Battered Women Syndrome" refers to a scientificatiy defined pattern of psychological and behavior
at symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance directly
or indirectly or a combination thereof.

(e) “Dating relationship" refers to a situation wherein the parties live as husband and wife without the
benefit of , marriage or are romantically involved over time and on a continuing basis during the course
of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business
or social context is not a dating relationship.
(f) “Sexual relations” refers to a single sexual act which may or may not result in the bearing of a
common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department
of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited
by the DSWD for the purposes of this Act or any other suitable place the resident of which is writing
temporarily to receive the victim.

(h) "Children" refers to those below eighteen years of age or older but are incapable of taking care of
themselves as defined under Repubiic Act No 7610. As used in this Act it includes the biological children
of the victim and other chiidren under her care .

SECTION 5. Acts of Violence Against Women and Their Children.The crime of violence against women
and their children is committed through any of the following acts:

(a) Causing physical harm: to the woman or her child:

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman
or her child has the right to desist from or desist from conduct which the woman or her child has the
right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of
movement or conduct by force or threat of fence, physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or child. This shall include, but not limited to, the
following acts committed with the purpose or effect of controlling or restricting the woman's or her
child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or
her family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own money or properties, or solely controlling the conjugal or common money.
or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions
or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does
not constitute rape, by force or threat of force, physical harm, or through intimidation directed against
the woman or her child or her/his immediate family;

(h) Engaging in purposeful,  knowing, or reckless conduct, personally or through another, that alarms or
causes substancial emotional or psychological distress to the women or her child. This shall include. but
not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the women or her child against her/his
will

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman
or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or
custody of minor chiidren of access to the woman's child/chitdren.

SECTlON 6. Penalties. -The crime of violence against women and their children, under Section 5 hereof
shall be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or
murder or
homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code;
those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less
serious physical injuries shall be punished by prision correocional; and those constituting slight physical
injuries shall be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the
prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no
case be lower than arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f’) shall be punished by arresto mayor,

(e) Acts falling under Section 5(g) shall be punished by prision mayor,

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her
child. the penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One
hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00);

(b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to
the court.

SECTION 8. Protection Orders. - A protection order is an order issued under this act for the purpose of
preventing further acts of violence against a woman or her child specified in Section 5 or this Act and
granting other necessary relief. The relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law enforcement agencies. The protection orders
that may be issued under this Act are the barangay protection order (BPO), temporary protection order
(TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act
shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing. personally or through
another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and if respondent must remove personal effects
from the residence, the court shall direct a law enforcement agent to accompany the respondent has
gathered his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or household member
at a distance specified by the court, and to stay away from the residence, school, place of employment,
or any specified place frequented by the petitioner and any designated family or household member,

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal
effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany
the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the
possession of the automobile and other essential personal effects, or to supervise the petitioner’s or
respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal
support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of
the income or salary Of the respondent to be withheld regularly by the respondent's employer for the
same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay
in the remittance of support to the woman and/or her child without justifiable cause shall render the
respondent or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order
him to surrender the same to the court for appropriate disposition by the court, including revocation of
license and disqualification to apply for any license to use or possess a firearm. lf the offender is a law
enforcement agent, the court shall order the offender to surender his firearm and shall direct the
appropriate authority to investigate on the offender and take appropriate action on matter,

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage medical expenses, childcare expenses and loss of income

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the
safety of the

petitioner and any designated family or household member provided petitioner and any designated
family or household

member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal
separation or

annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from
applying for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders.-A petition for protection order may be filed by
any of

the following

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or
affinity

(d) officers or social workers of the DSWD or social

workers of local government units (LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner,

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against
women and their children occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order.

-Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code
of 1991 and it's implementing rules and regulations. An application for a TPO or PPO may be filed in the
regional trial court, metropolitan trial

court, municipal trial court, municipal circuit trial court  with territorial jurisdiction over the place of
residence of the petitioner: Provided, however, That if a family court exists in the place of residence of
the petitioner, the application shall be fied with that court.

SECTION 11. How to Apply for a Protection Order. The application for a protection order must be in
writing, signed and verified under oath by the applicant, it may be filed as an independent action or as
incidental relief in any civil l or criminal case the subject matter or issues thereof partakes of a violence
as described in this Act. A standard protection order application form, written in English with translation
to the major local languages, shall be made available to facilitate applications for protections order, and
shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant
attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of
consent given by the victim for the filling of the application. When disclosure of the address of the victim
will pose danger to her life, it shall be so stated in the application, in such a case, the applicant shall
attest that the victim is residing in the municipality or city over which court has territorial jurisdiction,
and shall provide a mailing address for purpose of service processing. An application for protection
order tiled with a court shall be considered an application for both a TPO and FPO.

Barrangay officials and court personnel shall assist applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the application for protection orders in cases brought
to their attention.

SECTION 12. Enforceability of Protection Orders. All TP0s and PPCs issued under this Act shall be
enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging
from Five Thousand Pesos (P5.000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six
(6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. If the woman or her child requests
in the applications for a protection order for the appointment of counsel because of lack of economic
means to hire a counsel de parte, the court shall immediately direct the Public Attorney's Office (PAC) to
represent the petitioner in the hearing on the application. If the PAC determines that the applicant can
afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the
petitioner by a counsel de parte.

The lack of access to family or conjugal resources by the applicant, such as when the same are
controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. Barangay Protection Orders
(BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist
from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte
determination of the basis of the application, if the Punong Barangay is unavailable to act on the
application for a BPO, the application shall be acted upon by any available Barangay Kagawad, if the BPO
is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay
Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall
be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct
any barangay official to effect is personal service. The parties may be accompanied by a non-lawyer
advocate in any proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. Temporary Protection Orders (TPOs) refers to the protection
order issued by the court on the date of filing of the application after ex parte determination that such
order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act
and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO
prior to or on the date of the expiration of the TPO. The court shall order the immediate personal
service of the TPO on the respondent by the court sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits
of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. Permanent Protection Order (PPO) refers to protection order
issued by the court after notice and hearing.

Respondent’s non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his
lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of
a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall
appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent
fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the
applicant and render judgment on the basis of the evidence presented. The court shall allow the
introduction of any history of abusive conduct of a respondent even if the same was not directed against
the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one
(1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due
to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each
particular time until final judgment is issued. The extended or renewed TPO may be modified by the
court as may be necessary or applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be
effective until revoked by a court upon application of the person in whose favor the order was issued.
The court shall ensure immediate personal service of the PPO on respondent

The court shall not deny the issuance of protection order on the basis of the lapse of time between the
act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not
the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear
showing that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. The following statement must be printed in boId-
faced type or in capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.“

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders Failure to act on an
application for a protection order within the reglementary period specified in the previous section
without justifiable cause shall render the official or judge administratively liable.

SECTION 19. Legal Separation Cases. In cases of legal separation, where violence as specified in this Act
is alleged. Article 58 of the Family Code shall not apply. The court shall proceed on the main case and
other incidents of the case as soon as possible. The hearing on any application for a protection order
filed by the petitioner must be conducted within the mandatory period specified In this Act.

SECTION 20. Priority of Application for a Protection Order. - Ex parte and adversarial hearings to
determine the basis of applications for a protection order under this Act shall have priority over all other
proceedings Barangay officials and the courts shall schedule and conduct hearings on applications for a
protection order under this Act above all other business and, if necessary, suspend other proceedings in
order to hear applications for a protection order.

SECTION 21. Violation of Protection Orders. A complaint for a violation of a BPO issued under this Act
must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial
court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be
punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action
that the offended party may file for any of the acts committed.

A judgment of violation of a BPO may be appealed according to the Rules of Court. During trial and upon
judgment, the trial court may motu proprio issue a protection order as it deems necessary without need
of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court
punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action
that the offended party may the for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. -The foregoing provisions on
protection orders shall be applicable in impliedly instituted with the criminal actions involving violence
against women and their children.

SECTION 23. Bond to Keep the Peace. The Court may order any person against whom a protection order
is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that
such person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in
no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to
5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(9) to 50).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

SECTION 29. Duties of Prosecutors/Court Personnel. Prosecutors and court personnel should observe
the following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for
indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. Barangay officials and law enforcers shall
have the following duties:
(a) respond immediately to a call for help or request for assistance or protection of the Victim by
entering the necessary whether or not a protection order has been issued and ensure the safety of the
victims;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view:

(c) transport or escort the victim’s to a safe place of their choice or to a dime or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government offices and employees who respond to a call for
help;

(f) ensure the enforcement of the Protection Onders issued by the Punong Barangay or the courts;

(g) arrest the suspected perpetrator without a warrant when any of the acts of violence defined by this
Act is occuring, or when he/she has personal knowledge that any act of abuse has just been committed,
and there is imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department at
LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative
liability.

SECTION 31. Healthcare Provider Response to Abuse Any healthcare provider, including, but not limited
to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects
abuse or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the examination or
visit;
(c) automatically provide the victim free of charge a medical certificate concerning the examination or
visit;

(d) safeguard the records and make them available to the victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act,
and services available to them.

SECTION 35. Rights of victims. In addition to their rights under existing laws, victims of violence against
women and their children shall have the following rights:

(a) to be treated with respect and dignity,

(b) to avail of legal assistance from the PAO of the Department of Justice (DOJ) or any public legal
assistance office;

(e) To be entitled to support services from the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

(e)To be informed of their rights and the service available to them including their right to apply for a
protection order.

SECTION 36. Damages. Any victim of violence under this Act shall be entitled to actual, compensatory,
moral and exemplary damages.

SECTION 37. Hold Departure Order. The court shall expedite the process of issuance of a hold departure
order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. If the victim is an indigent or
there is an immediate necessity due to imminent danger or threat of danger to act on an application for
a protection order, the court shall accept the application without payment of the filing fee and other
fees and of transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In
pursuance of the above mentioned policy, there is hereby established an lnter-Agency Council on
Violence Against Women and their children, hereinafter known as the Council, which shall be composed
of the following agencies:

(a) Department of Social Welfare and Development  (DSWD); ..

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWO);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of investigation (NBl).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their
mandates as well as develop capability programs for their employees to become more sensitive to the
needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duty authorized representative who shall have a rank not
lower than an assistant secretary or its equivalent. These representatives shall attend Council meetings
in their behalf, and shall receive emoluments as may be determined by the Council in accordance with
existing budget and accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. The DSWD, and LGU: shall provide the
victims temporary shelters, provide counselling, psycho-social services and/or, recovery, rehabiltation
programs and livelihood assistance.

The DOH shall provide medical assistance to victims

SECTION 41. Counseing and Treatment of  Offenders. The DSWD shall provide rehabilitative counselling
and treatment to perpetrators towards learning constructive ways of coping with anger and emotional
outbursts and reforming their ways. When necessary the offender shall be ordered by the Court to
submit to psychiatric treatment or confinement.

SECTION 42. Training of Persons lnvolved in Responding to Violence Against Women and their children
Cases. All agencies involved in responding to violence against women and their children cases shall be
required to undergo education and training to acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies avaiable to, victim of violence against women and their children;

c. the services and facilities available to victims of survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and
e. techniques for handling Incidents of violence against women and their children that minimize the
likelihood of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police officers
and barangay

officials to enable them to properly handle cases of violence against women and their children

SALIENT POINTS OF REPUBUC ACT 9344

An Act Estabtishing a Comprehensive Juvenile Justice and Wetfare System, Creating the Juvenile Justice
and Welfare Council under the Department ofJustice. Appropriating Funds therefor and for other
purposes

Section 1. Short Title and Scope.

This Act shall be known as the 'Juvenile Justice and Welfare Act of 2006' it shall cover the different
stages involving children at risk and children In conflict the the law from prevention to rehabilitation and
reintegration

Section 2 of RA 9344 provides for the Declaration of State Policy, which must be observed at al time. to
wit

(a) The State recognizes the vital role of children and youth in nation building and shall promote and
protect the: physical, moral. spiritual, intelectual and social wel-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs.

(b) The State shall protect the best interests of the child through measures that will ensure the
observance of international standards of 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 to express himself/herself freely. The participation of
children in the program and policy formulation and implementation related to juvenile justice and
welfare shall be ensured by the concerned government agency.
(c) The State likewise 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.

(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State
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 chiid's age and desirability of promoting his/her reintegration. Whenever
appropriate and desirable, the State shall adopt measures for dealing with such children without
resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It
shall ensure that children are dealt with in 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 altematives to
institutional care.

(e) The administration of the juvenile justice and welfare system shall 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.

(f) The State shall apply the principles of restorative justice in all its laws, policies and programs
applicable to children in conflict with the law.

Definition of Terms

The following terms as used in RA 9344 shal be defined as follows

(a) "Bail" refers to the security given for the release of the person in custody of the law, furnished by
him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the
form of corporate security, property bond, cash deposit, or recognizance

(b) Best Interest of the Child" refers to the totality of the circumstances and conditions which are most
congenial to the survival, protection and feelings of security of the child and most encouràging to the
child's physical, psychological and emotional development. It also means the least detrimet and

available alternative for safeguarding the growt and development of the child.

(c) "Child" refers to a person under the age of eighteen (18) years.
(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances, such as, but not limited to, the following:

(1) being abused by any person through sexual, physical, psychological, mental, economic or any other
means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;

(2) being exploited including sexually or economically,

(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot
be found;

(4) coming from a dysfunctional or broken family or without a parent or guardian;

(5) being out of school;

(6) being a street child;

(7) being a member of a gang

(8) living in a community with a high level of criminality or drug abuse, and

(9) living in situations of armed conflict

(e) "Child in Conflici with the Law" refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.

(f)"Community-based Programs" refers to the programs provided in a community setting developed for
purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for
reintegration into his/her family and/or community.

(g) "Court" refers to a family court or, in places where there are no family courts, any regional trial court.
(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the placement of
child in conflict with the law in a public or private custodial setting, from which the child in contlict with
the law is not permitted to leave at will by order of any judicial or administrative authority.

(i) "Diversion" refers to an altenative, child-appropriate process of determining the responsibility and
treatment of achild in conflict with the law on the basis of his/her social cultural, economic,
psychological or educational background without resorting to formal court proce edings.

(j)"Diversion Program" refers to the program that the child in conflict with the law is required to
undergo after he/she is found responsible for an offense without resorting to formal court proceedings.

(k) "Initial Contact With-the Child" refers to the

apprehension or taking into Custody of a child in conflict with the law by law enforcement officers or
private citizens. It includes the time when the child alleged to be in conflict with the law receives a
subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under
Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation or
where there is no necessity to place the child alleged to be in conflict with the law under immediate
custody.

(l) "Intervention" refers to a series of activities which are designed to address issues that caused the
child to commit an offense. It may take the form of an individualized treatment program which may
include counseling, skills training, education, and other activities that will enhance his/her psychological,
emotional and psycho-social well-being

(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in
conflict the law, which provides child-appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and
development.

(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article 152
of the Revised Penal Code, including a barangay tanopd.

(o) "Offense" refers to any act or omission whether punishable under special laws or the Revised Penal
Code, as amended.
(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or Custodian who
shall be responsible for the appearance in court of the child in conflict

with the law, when required.

(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for
the victim; reconciliation of the offender, the offended and the community; and reassurance to the
offender that he/she can be reintegrated into society. It also enhances public safety by activating the
offender, the victim and

the community in prevention strategies.

(r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does not
suffer any penalty for committing similar acts. These shall include

Curfew violations; truancy, parental disobedience and the like

(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local
govemment units(LGUs) and licensed and/or accredited nongovernment

organizations (NGOs) providing short-term residential care for children in conflict with the law who are
awaiting court disposition of their cases or transfer to other agencies orJurisdiction.

(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the Department
of Social Welfare and Development (DSWD),  LGUs, licensed and/or accredited NGOs monitored by the
DSWD, which provides care, treatment and rehabilitation services for children in conflict withthe law.
Rehabilitation services are provided under the guidance of a trained staff where residents are cared for
under a structured therapeutic environment with the end view of reintegrating them into their families
and communities associally functioning individuals. Physical mobility of residents of said centers may be
restricted pending court disposition of the

charges against them.

(u) "Victimless Crimes" refers to offenses where there is no private offended party.

Principles in the Administration of

Juvenile Justice and Welfare

Below are the salient provisions of RA 9344 with respect to the Principles in the Administration of
Juvenile Justice and Welfare

SEC. 5. Rights of the Child in Confilict with the Law.

Every child in conflict with the law shall have the following rights, including but not limited to:

(a) the right not to be subjected to torture or other cruel inhuman or degrading treatment or
punishment

(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the
possibility of release

(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment
being a disposition of last resort, and which shall be for the shortest appropriate period of time;

(d) the right to be treated with humanity and respect, forthe inherent dignity of the person, and in a
manner whichtakes into account the needs of a person of his/her age. Inparticular, a child deprived of
liberty shall be separatedfrom adult offenders at all times. No child shall be detained together with adult
offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her
own case in a separate holding area. A child inconflict with the law shall have the right to maintain
contact with his/her family through correspondence and visits, save in exceptional circumstances;

(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge
the legality of the deprivation of his/her liberty before a court or other competent, independent and
impartial authority, and to a prompt decision on such action;

(f) the right to bail and recognizance, in appropriate cases

(g) the right to testify as a witness in his/her own behalf under the rule on examination of a child
witness;

(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;

(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best
interest, the rights of the victim and the needs of society are all taken into consideration by the court,
under the principle of restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where
discretion is given by law to the judge to determine whether to impose fine or imprisonment, the
imposition of fine being preferred as the more appropriate penalty;

(l) in general, the right to automatic suspension of sentence;

(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;

(n) the right to be free from liability for perjury, concealment or misrepresentation; and

(o) other rights as provided for under existing laws, rules and regulations.

The State further adopts the provisions of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice or ”Beijing Rules", United Nations Guidelines for the Prevention of
Juvenile Delinquency or the "Riyadh Guidelines”, and the United Nations Rules for the Protection of
Juveniles Deprived of Liberty.

SEC. 6. Minimum Age of Criminal Responsibility. A child fifteen (15) years of age or under at the time of
the commission of the offense shall be exempt from criminal liability. However, the child shaII be
subjected to an intervention program pursuant to Section 20 of this Act

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance
with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.

SEC. 7. Determination of Age. The child in conflict with the law shall enjoy the presumption of minority.
He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen
(18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal
certificate or any other pertinent documents. In the absence of these documents, age may be based on
information from the child himself/herself, testimonies of other persons, the physical appearance of the
child and other relevant evidence. In  case of doubt as to the age of the child, it sha be resolved in
his/her favor.

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 age before the
Family Court which shall decide the case within twenty-four (24) hours from 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,
the person shall file a motion to determine the age of the child in the same court where the case is
pending. Pending hearing on the said motion, 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 at determining the age of the child in conflict with the law.

Structures in the Administration of Juvenile Justice and Welfare

SEC. 8. Juvenile Justice and Welfare Council (JJWC). A Juvenile Justice and Welfare Council (JJWC) is
hereby created and attached to the Department of Justice and placed under its administrative
supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and
Development. It shall ensure the effective implementation of this

Act and coordination among the following agencies:

(a) Council for the Welfare of Children (CWC);

(b) Department of Education (DepEd);

(c) Department of the interior and Local Government (DlLG);

(d) Public Attorney's Office (PAO);

(e) Bureau of'Corrections (BUCOR);

(f) Parole and Probation Administration (PPA)

(g) National Bureau of investigation (NBI);

(h) Philippine National Police (PNP);.

(i) Bureau of Jail Management and Penclogy (BJMP);

(j) Commission on Human Rights (CHR);

(k) Technical Education‘ and Skills Development Authority (TESDA);

(l)National Youth Commission (NYC); and

(m) Other institutions focused on juvenile justice and intervention programs.

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:

(a) Department of Justice (DOJ);

(b) Department of Social Welfare and Development (DSWD);

(c) Council for the Welfare of Children (CWC)

(d) Department of Education (DepEd);

(e) Department of the Interior and Local Government (DILG)

(f) Commissuon on Human Rights (CHR);

(g) National Youth Commission (NYC); and

(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and the other
to be designated by the Secretary of Social Welfare and Development.

The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Justice
and the Secretary of Social Welfare and Development shall determine the organizational structure and
staffing pattern of the JJWC.

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.

SEC. 9. Duties and Functions of the JJWC. 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. All programs relating to juvenile justice and welfare shall
be adopted in consultation with the JJWC;

(f) To formulate and recommend policies and strategies in consultation with children for the prevention
of juvenile delinquency and the adminisitration of justice, as well as for the treatment and rehabilitation
of the children in conflict with the law,

(g) 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 perfomance 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

(3) the particular needs of children in conflict with the law in custody.

The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice
and welfare system.

The JJWC shall set up a mechanism to ensure that children are involved in research and policy
development.

(h) 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;

(i) 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;
(j) To submit an annual report to the President on the implementation of this Act; and

(k) To perfom such other functions as may be necessary to implement the provisions of this Act.

SEC. 10. Policies and Procedures on Juvenile Justice and Wefare. All government agencies enumerated in
Section 8 shall, with the assistance of the JJWC and within one (1) year from the effectivity of this Act,
draft policies and procedures consistent with the standards set in the law. These policies and procedures
shall be modified accordingly in consultation with the JJWC upon the completion of the national juvenile
intervention program as provided under Section 9 (d).

SEC. 11 Child Rights Center (CRC) The existing Child Rights Center of the Commission on Human Rights
shall ensure that the status, rights and interests of children are upheld in accordance with the
Constitution and international instruments on human rights. The CHR shall strengthen the monitoring of
government compliance of all treaty obligations including the timely and regular submission of reports
before the treaty bodies, as well as the implementation and dissemination of recommendations and
conclusions by government agencies as well as NGOs and civil society

Juvenile Justice and Welfare System: Initial Contact with the Child

SEC. 21. Procedure for Taking the Child into Custody From the moment a child is taken into custody, the
law enforcement officer shall

(a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is
being placed under custody and the offense that he/she allegedly committed;

(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in
a language or dialect understood by him/her;

(c) Properly identify himself/herself and present proper identification to the child

(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual
advances on the child in conflict with the law

(e) 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,

(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for
his/her apprehension;

(g) Avoid violence or unnecessary force

(h) Detemine the age of the child pursuant to Section 7 ofthis Act,
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to
the Social Welfare and Development Office or other accredited NGOs, and notify the child's
apprehension. The social welfare and development officer shall explain to the child and the childs
parents/guardians the consequences of the childs act with a view towards counseling and
rehabilitation,  diversion from the criminal justice system,and reparation, if appropriate,

(j) Take the child immediately to the proper medical and health officer for a thorough physical and
mental examination. The examination results shall be kept confidential unless otherwise ordered by the
Family Court

Whenever the medical treatment is required, steps shall be immediately undertaken to provide the
same.

(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be
secured in quarters separate from that of the Opposite sex and adult offenders;

(i) Record the following in the initial investigation:

1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;

2. That the parents or guardian of a child, the DSWD, and the PAC have been informed of the
apprehension and the details thereof; and

3. The exhaustion of measures to determine the age of a child and the precise details of the physical and
medical examination or the failure to submit a child to such examination; and

(m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's
parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the
said statement.

A child in conflict with the law shall only be searched by a law enforcement officer of the same gender
and shall not be locked up in a detention cell.

SEC 22. Duties During Initial investigation. The law enforcement officer shall, in his/her investigation,
determine where the case involving the child in conflict with the law should be referred.

The taking of the statement of the child shall be conducted in the presence of the following:
(1) child's counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office;

(2) the child’s parents, guardian, or nearest relative, as the case may be; and

(3) the local social warfare and development officer. In the absence of the child's parents, guardian, or
nearest relative, and the local social welfare and development officer, the investigation shall be
conducted in the  presence of a representative of an NGO, religious group, or member of the BCPC.

After the initial investigation, the local social worker conducting the same may 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) it the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment,
proceed to diversion under the following chapter.

Diversion

SEC. 23. System of Diversion. Children in conflict with the law shall undergo diversion programs without
undergoing court procesdings subject to the conditions herein

provided:

(a) Where the imposable penalty for the crime committed is not more than six (6) years imprisonment,
the law enforcement officer or Punong Barangay with the assistance of the local social welfare and
development officer or other members of the LCPC shall conduct

meciation, family conferencing and conciliation and,where appropriate, adopt indigenous modes of
conflict resolution in accordance with the best interest of the child with a view to accomplishing the
objectives of restorative justice and the formulation of a diversion program. The child and his/her family
shall be present in these

activities.

(b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the
local social welfare and development officer shall meet with the child and his/her parents or guardians
for the development of the appropriate diversion and rehabilitation program, in

coordination with the BCPC;

(c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion
measures
may be resorted to only by the court.

SEC. 24. Stages Where Diversion May be Conducted.  Diversion may be conducted at the Katarungang
Pambarangay, the police investigation or the inquest or preliminary investigation stage and at all levels
and phases of the proceedings including judicial level.

SEC. 25. Conferencing, Mediation and Conciliation.

  A child in conflict with law may undergo conferencing, mediation or conciliation outside the criminal
justice system or prior to his entry into said system. A contract of diversion may be entered into during
such conferencing, mediation or conciliation proceedings.

SEC. 26. Contract of Diversion. If during the

conferencing, mediation or conciliation, the child voluntarily admits the commission of the act, a
diversion program shall be developed when appropriate and desirable as determined under Section 30.
Such admission shall not be used against the children any subsequent judicial, quasi-judicial or
administrative proceedings. The diversion program shall be effective and binding if accepted by the
parties concerned. The acceptance shall be in writing and signed by the parties concerned and the
appropriate authorities. The local social welfare and development officer shall supervise the
implementation of the diversion program. The diversion proceedings shall be completed within forty-
five (45) days. The period of prescription of the offense shall be suspended until the completion of the
diversion proceedings but not to exceed forty-five (45) days.

The child shall present himself/herself to the

competent authorities that imposed the diversion program atleast once a month for reporting and
evaluation of the effectiveness of the program.

Failure to comply with the terms and conditions of the contract of diversion, as certified by the local
social welfare and development officer, shall give the offended party the option to institute the
appropriate legal action.The period of prescription of the offense shall be suspended during the
effectivity of the diversion program, but not exceeding a period of two (2) years.

SEC. 27. Duty of the Punong Barangay When There is No Diversion. If the offense does not fall under
Section 23(a)and (b). or if the child, his/her parents or guardian does not Consent to a diversion, the
Punong Barangay handling the case shall, within three (3) days from determination of the absence of
Jurisdiction over the case or termination of the diversion proceedings, as the case may be, forward the
records of the case of the child to the law enforcement officer, prosecutor or the appropriate court, as
the case may be. 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.

SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the offense does not fall
under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion,
the Women and Children Protection Desk of the PNP, or other law enforcement officer handling the
case of the child under custody, to the prosecutor or judge concerned for the conduct of inquest and/or
preliminary investigation to determine whether or not the child should remain under custody and
correspondingly charged in court. The document transmitting said records shall display the word"CHILD"
in bold letters.

SEC. 29. Factors in Determining Diversion Program.

In determining whether diversion is appropiate and desirable, the following factors shall be taken into
consideration:

(a) The nature and circumstances of the offense charged;

(b) The frequency and the severity of the act;(c) The circumstances of the child (e.g. age, maturity,
inteligence, etc.)

(d) The influence of the family and environment on the growth of the child;

(e) The reparation of injury to the victim,

(f) The weight of the evidence against the child,

(g) The safety of the community and

(h) The best interest of the child

SEC. 30 Formulation of the Diversion Program

In formulating a diversion program, the individual characteristics and the peculiar Circumstances of the
child in conflict with the law shall be used to formulate an individualized treatment.

The following factors shall be considered in formulating a diversion program for the child

(a) The childs feelings of remorse for the offense he/she commitied

(b) The parents' or legal guardians' ability to guide and supervise the child,

(c) The victim's view about the propriety of the measures to be imposed, and
(d) The availability of community-based programs for rehabilitation and reintegration of the child.

SEC. 31. Kinds of Diversion Programs. The diversion shall include adequate socio-cultural and program
psychological responses and services for the child. At the different stages where diversion may be
resoted to, the following diversion programs may be agreed upon, such as, but not limited to

(a) At the level of the Punong Barangay

(1) Restitution of property:

(2) Reparation of the damage caused;

(3) Indemnification for consequential damages;

(4) Written or oral apology

(5) Care, guidance and supervision orders;

(6) Counseling for the child in conflict with the law and the child's family

(7)Attendance in trainings, seminars and lectures on:

(i) anger management skills;

(ii) problerm solving and/or conflict resolution skills;

(iii) values formation; and

(iv) other skills which will aid the child in dealing with situations which can lead to repetition of the
offense,

(8) Participation in available community-based programs,including community service; or

(9) Participation in education, vocation and life skills programs.

(b) At the level of the law enforcement officer and the prosecutor

(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and

(2) Confiscation and forfeiture of the proceeds or instruments of the crime

(c) At the level of the appropriate court:

(1) Diversion programs specified under paragraphs (a)and (b) above

(2) Written or oral reprimand or citation,

(3) Fine:
(4) Payment of the cost of the proceedings, or

(5) Institutional care and custody.

Prosecution

SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to conduct
inquest, preliminary investigation and prosecution of cases involving a child in conflict with the law. If
there is an allegation of torture or ill treatment of a child in conflict with the law during arrest or
detention, it shall be the duty of the prosecutor to investigate the same.

SEC. 33. Preliminary Investigation and Fling of Infomation. 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 pärents or guardian does not agree to diversion as specified in Sections 27
and 28; and

(c) when considering thenassessment and recommendation of the social worker, the prosecutor
determines that diversion is not appropriate for the child in conflict with the law.

Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public
Attorney's Office of such service, as well as the personal information, and

place of detention of the child in conflict with the law.

Upon determination of probable cause by the prosecutor, the infomation against the child shall be filed
before the Family Court within forty-five (45) days from the start of the

preliminary investigation.

Court Proceedings

SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged mitigating circumstance
of minority shall be considered.

SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order

(a) the release of the minor on recognizance to his/her parents and other suitable person;(b) the release
of the child in conflict with the law on bail; or

(c) the transfer of the minor to a youth detention home/youth rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.

SEC. 36. Detention of the Child Pending Trial. -

Children detained pending trial may be released on bail or recognizance as provided for under Sections
34 and 35 under this Act. In all other cases and whenever possible, detention pending trial may be
replaced by alternative measures, such as close supervision, intensive care or placement with a family or
in an educational setting or home. Institutionalization or detention of the child pending trial shall be
used only as

measure of last resort and for the shortest possible period of time.

Whenever detention is necessary, a child will always be detained in youth detention homes established
by local governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where
the child resides.

In the absence of a youth detention home, the child in Conflict with the law may be committed to the
care of the DSWD  or a local rehabilitation center recognized by the government in the province, city or
municipality within the jurisdiction of the court. The center or agency concerned shall be responsible for
the child's appearance in court whenever required.

SEC. 37. Diversion Measures. Where the maximurm penalty imposed by law for the offense with which
the child in conflict with the law is charged is imprisonment of not more than twelve (12) years,
regardless of the fine or fine alone regardiess of the amount, and before arraignment of the child in
contlict with the law, the court shall determine whether or not diversion is appropiate

SEC. 38. Automatic Suspension of Sentence. Once the child who is under eighteen (18) years of age at
the time of the commission of the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted from the offense committed.
However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict
with the law under suspended sentence, without need of application: Provided, however, That
Suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or
more at the time of the pronouncement of his/her guilt.

Upon suspension of sentence and after considering the various cicumstances of the child, the court shall
impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in
Confiict with the Law
SEC. 39. Discharge of the Child in Ccnfict with the Law. - Upon the recommendation of the social worker
who has custody of the child, the court shall dismiss the case against the child whose sentence has been
suspended and against whom disposition measures have been issued, and shall order the final discharge
of the child if it finds at the objective of the disposition measures have been fulfilled.The discharge of
the child in conflict with the law shall not affect the civil liability resulting from the commission of the
offense which shall be enforced in accordance with law.

SEC. 40. Return of the Child in Conflict with the Law to Court. If the court finds that the objective of the
disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the
child in conflict with the law has wilfully failed to comply with the conditions of his/her disposition or
rehabilitation program, the child in conflict with the law shall be brought before the court for execution
of judgment.

If said child in conflict with the law has reached eighteen (18) years of age while under suspended
sentence, the court shall determine whether to discharge the child in accordance with this Act, to order
execution of sentence, or to extend the suspended sentence for a certain specified period or until the
child reaches the maximum age of twenty-one (21)years.

SEC. 41. Credit in Service of Sentence. The child in conflict with the law shall be credited in the services
of his/her sentence with the full time spent in actual commitment and detention under this Act.

SEC. 42. Probation as an Altemative to Imprisonment.

- The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon
applicalion at any time, place the child on probation in lieu of service of his/her santence taking into
account the best interest of the chil, for this purpose, Section 4 of Presidential Decree No. 968,
otherwise known as the "Probation Law of 1976", is hereby amended accordingly

SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. A
children in conflict with the law may, after conviction and upon order of the court, be made to serve
his/her sentence, in lieu of confinement in a regular penal institution, in an agricutural camp and other
training facilities that may be established, maintained, supervised and controlled by the BUCOR, in
coordination with the DSWD

SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in conflict with the law, whose
sentences are suspended may, upon order of the court, undergo any or a combination of disposition
measures best suited to the rehabilitation and welfare of the child as provided in the Supreme Court
Rule on Juveniles in Conflict with the Law.
If the community-based rehabilitation is availed of by a child in conflict with the law he/she shall be
released to parents,

guardians, relatives or any other responsible person in the community. Under the supervision and
guidance of the local social welfare and development officer, and in coordination with his/her
parents/guardian, the child in conflict with the law shall participate in community-based programs,
which shall include, but not limited to:

(1) Competency and life skills development;

(2) Socio-cultural and recreational activities;(3) Community volunteer projects;

(4) Leadership training

(5) Social services

(6) Home life services

(7) Health services

(8) Spiritual enrichment; and

(9) Community and fanily welfare services.

In accordance therewith, the family of the child in confict with the law shall endeavor to actively
paticipate in the community-based rehabilitation.

Based on the progress of the youth in the community, a final report will be forwarded by the local social
welfare and development officer to the court for final disposition of the case.

If the community-based programs are provided as diversion measures under Chapter Il, Title V, the
programs enumerated above shall be made available to the child in conflict with the law.

SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation center shall provide 24-hour group care,
treatment and rehabilitation services under the guidance of a trained staff where residents are cared for
under a structured therapeutic environment with the end view of reintegrating them in their families
and communities as socially functioning individuals. A quarterly report shall be submitted by the center
to the proper court on the progress of the children in conflict with the law.

Based on the progress of the youth in the center, a final report will be forwarded to the court for final
disposition of the case. The DSWD shall establish youth rehabiitation centers in each region of the
courtry.

SEC. 56. After-Care Support Services for Children in Conflict with the Law. - Children in conflict with the
law whose cases have been dismissed by the proper court because of good behavior as per
recommendation of the DSWD social Worker and/or any accredited NGO youth rehabilitation center
shall be provided after-care services by the local social welfare and development officer for a period of
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.

SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court Proceedings, -
If a child reaches the age of eighteen (18) years pending diversion and court proceedings, the
appropriate diversion authority in consultation with the 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 detemine the appropriate disposition. In case the appropriate court
executes the judgment of conviction, and unless the child in conflict the law has already availed of
probation under Presidential Decree No. 603 or other similar laws, the child may apply for probation if
qualified under the provisions of the Probation Law.

SEC. 68. Children Who Have Been Convicted and are Serving Sentence. Persons who have been
convicted and are serving sentence at the time of the effectivity of this Act, and who were below the age
of eighteen (18) years at the time the commission of the offense for which they were convicted and are
serving sentence, shal likewise 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.

SALIENT POINTS OF REPUBLIC ACT NO. 10630

An Act Strengthening the Juvenile Justice System in the Philippines, amending for the purpose Republic
Act No.9344, otherwise known as the "Juvenile Justice and

Welfare Act of 2006" and appropriating funds therefor

SECTION 1. The Title of Republic Act No. 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 Wefare and Development, Appropriating FundsTherefor, and for Other
Purposes."

SEC. 2. Section 4 of Republic Act No. 9344 is hereby amended to read as follows

‘SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:
(a) ‘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.

"Part of the features of a ‘Bahay Pag-asa’ is an intensive juvenile intervention and support center. This
will cater to children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof.

"A multidisciplinary team composed of a social worker a psychologist/mental health professional, a

medical doctor an educational/guidance counselor and a Baranggay Council for the Protection of
Children BCPC member shall operate the 'Bahay Pag-asa’. The team will work on the individualized
intervention plan with the child and the child’s family.

SEC. 3. Section 6 of Republic Act No. 9344 is hereby amended to read as follows:

“SEC. 6. Minimum Age of Criminal Responsibility. A child fifteen (15) years of age or under at the time of
the commission of the offense shall be exempt from criminal liability . However, the child shall be
subjected to an intervention program pursuant to Section 20 of this Act.

'A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her
birthdate.

“A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance
with this Act.

‘The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.‘

SEC. 4. Section 8 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 8. Juvenile Justice and Welfare Council (JJWC). A Juvenile Justice and Welfare Council (JJWC) is
hereby created and attached to the Department of Social Welfare and Development and placed under
its administrative supervision.

The JJWC shall be chaired by an Undersecretary of the Department of Social Welfare and Development.
It shall ensure the effective implementation of this Act and coordination among the following agencies

"(a) Department of Justice (DOJ);"

(b) Council for the Welfare of Children (CWC);"

(c) Department of Education (DepED)"

(d) Department of the Interior and Local Government (DILG)"

(e) Public Attomey's Office (PAO);"

(f) Bureau of Corections (BUCOR);"

(g) Parole and Probation Administration (PPA);"

(h) National Bureau of Investigation (NBI); (i)Philippine National Police (PNP):"

(j) Bureau of Jail Management and Penology (BJ MP)"

(k) Commission on Human Rights (CHR);"

(l) Technical Education and Skills Development

Authority (TESDA);"

(m) National Youth Commission (NYC); and"

(n) Other institutions focused on juvenile justice and.intervention programs.

"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:

(1) Department of Justice (DOJ):"

(2) Department of Social Welfare and Development (DSWD)

(3) Council for the Welfare of Children (CWC);"

(4) Department of Education (DepED)"

(5) Department of the Interior and Local Govemment(DILG)"

(6) Commission on Human Rights (CHR);"

(7) National Youth Commission (NYC);

(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;

(9) Department of Health (DOH); and

(10) One (1) representative each from the League of Provinces, League of Cities, League of Municipalities
and League of Barangays.

There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each region. The RJJWCs
will be under the administration and supervision of the JJWC. The RJJWC shall be chaired by the director
of the regional offce of the DSWD. It shall ensure the eftective implementation of this Act at the regional
and LGU levels and the coordination among its member agencies.

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:

(i) Department of Justice (DOJ);

(ii)Department of Social Welfare and Development (DSWD):

(iii) Department of Education (DepED);

(iv) Department of the Interior and Local Government (DILG):

(v) Commission on Human Rights (CHR);

(vi) Depsrtment of Health (DOH);

(vii) Two (2) representatives from NGOs operating within the region selected by the RJJWC based on the
criteria established by the JJWC

(vii) 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.

The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Social
Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC
national secretariat and the RJJWC secretariat.
"In the implementation of this Act, the JJWC shall consult with the various leagues of local government
officials.

"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.

SEC.5. Section 9 of Republic Act No. 9344 is hereby amended to read as follows SEC. 9. Duties and
Functions of the JJWC. - The JJWC shall have the foliowing 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 with the

national juvenile intervention program,

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. All programs relating to Juveniie justice and welfare shall
be adopted in consultation with the JJWC;") (f)To consult with the various leagues of local govermment
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 fomulate and recommend policies and strategiesin consultation with children for the prevention
of juveniledelinquency and the administration of justice, as well as forthe treatment and rehabilitation
of the children in conflictwith 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 govemment agencies;

"(2) The periodic trends, problems and causes of juvenile delinquency and crimes; and

(3) The particular needs of children in conflict with the law in custody.

The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice
and welfare system.
"The JJWC shall submit an annual report to Congress on the implementation of the provisions of this
Act.

"The JJWC shall set up a mechanism to ensure that children are

involved in research and policy development.

(i) Through duly designated persons and with the assistance of the agencies provided in the preceding
section, to conduct regular inspections in detention and rehabiltation 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

(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;

(i) To submit an annual report to the President on the implementation of this Act; and

(j) To perfom such other functions as may be necessary to implement the provisions of this Act"

SEC. 9 -A. Duties and Functions of the RJJWC - The RJJWC shall have the following duties and functions:

a) To oversee and ensure the effective implementation of

this Act at the regional level and at the level of the LGUs;"

(b) To assist the concerned agencies in the implementation and in compliance with the JJWC's adopted
policies/regulations or provide substantial inputs to the JJWC in the formulation of new ones in line with
the

provisions of this Act

"(c) To assist in the development of the comprehensive 3 to 5-year local juvenile intervention program,
with the participation of concerned LGUs, NGOs and youth organizations within the region and

monitor its implementation;

"(d) To coordinate the implementation of the juvenile and activities by intervention programs national
government agencies and other activities within the region;"

(e) To oversee the programs and operation of the intensive juvenile intervention and support center
established within the region

(f) To collect relevant regional information and conduct continuing research and support evaluations
and studies on all matters relating to juvenile justice and welfare within

the region, such as, but not limited to:

"(1) Perfomance and results achieved by juvenile intervention programs and by activities of the LGUsand
other government agencies within the region;

"(2) The periodic trends, problems and causes of juvenile delinquency and crimes from the LGU level to
the regional level and

"(3) The particular needs of children in conflict with the law in custody within their regional jurisdiction.

The data gathered shall be forwarded by the RJJWC to the JJWC on an annual basis and as may be
deemed necessary by

the JJWC.

"(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 perfom such other functions as may be determined by the JJWC to implement the provisions of
this Act."

SEC. 6. Section 20 of Republic Act No. 9344 is hereby amended to read as follows:

SEC.20. Children Below the Age of Criminal

Responsibility.- If it has been determined that the child taken into custody is fifteen (15) years old or
below, the authority which will have an initial contact with the child, in consultation with the local social
welfare and development officer, has the duty to immediately release the child to the custody of his/her
parents or guardian, or in the absence thereof, the child's nearest relative. The child shall be subjected
to a community-based intervention program supervised by the local social welfare and development
officer, unless the best interest of the child requires the referral of the child to a youth care facility or
Bahay Pag-asa managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.

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. If
the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child
may be released to any of the following:

"(a) A duly registered non governmental or religious organization;

"(b) A barangay official or a member of the Barangay Council for the Protection of Children (BCPC);

"(c) A local social welfare and development officer; or ,when and where appropriate, the DSWD.

"If the child has been found by the local social

welfare and development officer to be dependent, abandoned, neglected or abused by his/her parents
and the best interest of the child requires that he/she be placed in a youth care facility or Bahay Pag-asa,
the child's parents or guardians shall execute a written authorization for the voluntary commitment of
the child: Provided, That if the child has no parents or guardians or if they refuse or fail to execute the
written authorization for voluntary commitment, the proper petition for involuntary committment shall
be immediately filed by the DSWD or the Local Social Welfare and Development Office (LSWDO)
pursuant to Presidential Decree No. 603, as amended, otherwise known as The Child and Youth Welfare
Code and the Supreme Court rule on committment of children: Provided further, That the minimum age
for children committed to a youth care facility or 'Bahay Pag-asa' shall be twelve (12) years old."

SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. - 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. 9165 (Comprehensive Dangerous Drugs Act of
2002)punishable by more than twelve (12) years of imprisonment, shal be deemed a neglected child
under Presidential Decree No. 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).

In accordance with existing laws, rules

procedures and guidelines, the proper petition for involuntary commitment and placement under the
IJISC shall be filed by the local social welfare and development officer of the LGU wherethe offense was
committed, or by the DSWD social worker in the local social welfare and development officers absence
within twenty-four (24) hours from the time of the receipt of a report on the alleged commission of said
child. 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. 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 of the IJISC will submit to the court
a case study and progress report, to include a psychiatric evaluation report and recommend the
reintegration of the child to his/her family or the extension of the placement under the IJISC. 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 compliance of the parents in the intervention program. The Court will decide
whether the child has successfully completed the center-based intervention program and is already
prepared to be reintegrated with his/her 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."

'SEC. 20-B.  Repetition of Offenses. 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 whenever. Provided, That the child was
previously subjected to a community-based intervention program, shall be deemed a neglected child
under Presidential Decree No. 603, as amended, and shall undergo an intensive intervention program
supervised by the local social welfare and development offficer. Provided, further, That, if the best
interest of the child requires that he/she be placed in a youth care facility or 'Bahay Pag-asa', the child’s
parents or guardians shall execute a written authorization for the voluntary commitment of the child:
Provided, finally, That if the child has no parents or guardians or if they refuse or fail to execute the
written authorization for voluntary commitment, the proper petition for involuntary commitment shall
be immediately filed by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as amended.'

“SEC. 20-C. Exploitation of Children for Commission of Crimes.- Any person who, in the commission of a
crime, makes use, takes advantage of, or profits from the use of children, including any person who
abuses his/her authority over the child or who, with abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce, threaten or instigate the commission of the crime, shall be
imposed the penalty prescribed by law for the crime committed in its maximum period.

“SEC. 20-D. Joint Parental Responsibility. Based on the recommendation of the multi~disciplinary team
of the IJISC, the LSWDO or the DSWD, the court may require the parents of a child in conflict with the
law to undergo counselling or any other intervention that, in the opinion of the court, would advance
the welfare and best interest of the child.
"As used in this Act, ‘parents’ shall mean any of the foIlowing; “(3) Biological parents of the child; or ‘(b)
Adoptive parents of the child; or ‘(c) Individuals who have custody of the child.

“A court exercising jurisdiction over a child in confiict 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.

“The parents shall be liable for damages unless the prove to the satisfaction of the court that they were
exercising reasonable supervision over he 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.”

“SEC. 20-E. Assistance to Victims of Offenses Committed by Children. The victim of the offense
committed by a child and the victim’s family shall be provided the appropriate assistance and
psychological intervention by the LSWDO, the DSWD and other concerned agencies.‘

SEC. 7. Section 22 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 22. Duties During Initial Investigation.-The law enforcement officer shall, in his/her investigation,
determine where the case involving the child in conflict with the law should be referred.

The taking of the statement of the child shall be conducted in the presence of the following (1) child's
counsel of choice or in the absence thereof, a lawyer from the Public Attormey's Office (2) the child's
parents, guardian, or nearest relative, as the case maybe: and (3) the local social welfare and
development officer. In the absence of the child's parents, guardian, or nearest relative, and the local
social welfare and development officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the

BCPC.

The social worker shall conduct an initial assessment to determine the appropiate interventions and
whether the child acted with discermment, using the discernment assessment tools developed by the
DSWD. The initial assessment shall be without prejudice to the preparation of a more comprehensive
case study report. 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 folowing chapter."

SEC. 8. Section 33 of Republic Act No. 9344 is hereby amended to read as follows

SEC. 33. Preliminary Investigation and Filing of Information.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 considering

(c)when the assessment and recommendation of the social worker, the prosecutor detemines that
diversion is not appropriate for the child in conflict with the law

"Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public
Attorney'sOffice of such service, as well as the personal infomation, and

place of detention of the child in conflict with the law.

Upon determination of probable cause by the

prosecutor the information against the child shall be filed before the Family Court within forty-five (45)
days from the start of the preliminary investigation. The infomation must allege that the child acted with
discernment

SEC. 9. Section 49 of Republic Act No. 9344 is hereby amended to read as follows:

"SEC. 49. Establishment of 'Bahay Pag-Asa',- Each province and highly-urbanized city (the LGUs) shall be
responsible for bulding, 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.

"Every 'Bahay Pag-asa' will have a special facility called the IJISC. This Center will be allocated for
children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof. These children
will be required to undergo a more intensive multi-disciplinary intervention program. The JJWC in
partnership with, but not limited to, the DSWD, the DOH, the DepED and the DILG, will develop and set
the standards for the implementation of the multi-disciplinary intervention program of the IJSC. Upon
institutionalization of the IJISC program, the JJWC will continue to monitor and provide technical
assistance to the multi-disciplinary teams operating the said centers.

SEC. 10. Section 50 of Republic Act No. 9344 is hereby amended to read as follows:

SEC. 50. Care and Maintenance of the Child in Conflict with theLaw. -

"The LGUs expected expenditures on the local

juvenile intervention program for children at risk and children in conflict with the law shall be included
in the LGUs annual budget. Highly-urbanized cities and provincial governments should include a
separate budget for the construction and maintenance of the 'Bahay Pag-asa' including the operation of
the IJISC within the 'Bahay Pag-asa'."

SEC. 11. Section 57 of Republic Act No. 9344

is hereby amended to read as follows

SEC. 57. Status Offenses, Any conduct not considered an offense or not penalized if committed by an
adult shall not beconsidered an offense and shall not be punished if committed by a child.

"SEC. 57-A. Violations of Local Ordinances. Ordinances enacted by local governments concerning
juvenile status offenses such as, but not imited to, curfew violations, truancy parental disobedience,
anti-smoking and anti-drinking laws,  as well as light offenses and misdemeanors against public order or
safety such as, but not limited to, disorderly conduct, public scandal, harassment, drunkenness, public
intoxication, criminal nuisance, vandalism, gambling. mendicancy, littering, public urination and
trespassing, shall be for the protection of children.

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 shall to be released to the custody of their parents.
Appropriate intervention programs shall be provided for in such ordinances

The child shall also be recorded as a 'child at risk' and not as a 'child in conflict with the law. The
ordinance shall also provide for intervention programs, such as counselling attendance in group
activities for children, and for the parents, attendance in parenting education seminars.

SEC. 12. Mandatory Registry of Children in Conflict with the Law.

All duty-bearers, including barangay/BCPC

Law workers, law enforcers, teachers, guidance counsellors, Social workers and prosecutors who will
receive report, handle or refer cases of children in conflict with the law, shall ensure a faithful recording
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. The JJWC shall lead in the establishment of a centralized information
management system on children in conflict with the law. This provision is however without prejudice to
Section 43 of this Act.

SALIENT POINTS OF REPUBLIC ACT 9775

An Act Defining the Crime of Child Pornography, Prescribing Penalties therefor and for other purposes.
Below are its salient provisions.

Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation building and
shall promote and protect, , their physical, moral, spiritual, intellectual, emotional, psychological, and
social being.

toward this end, the State shall.

(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other
conditions prejudicial to his/her development;

(b) Protect every child from all forms of exploitation and abuse including, but not limited to:

(1) the use of a child in pornographic performances and materials; and

(2) the inducement or coercion of a child to engage or be involved in pornography through whatever
meansand

(c)Comply with international treaties to which the Philippines is a signatory or a State party concerning
the rights of children which include, but not limited to, the Convention on the Rights of the Child, the
Optional Protocol to the Convention on the Rights of the Child of the Child on the Sale of Children, Child
Prostitution and Child Pornography, the International Labor Organization (ILO)

Convention No.182 on the Elimination of the Worst Forms of Child Labor and the Convention Against
Transnational Organized Crime.
Section 4, Unlawful or Prohibted Acts. - It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perfom in the creation or production of
any fom of child pornography,

(b) To produce, direct, manufacture or create any form of child pornography.

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form
of child pornography.

(d) To possess any form of child pornography with the intent to sell, distribute,  publish, or broadcast:
Provided. That possession of three (3) or more articles of child pornography of the same form shall be
prima facie evidence of the intent to sell, distribute. publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as,
but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be
a legitimate business;

(f) For him distributors, theaters and telecommunication companies, by themselves Or in cooperation
with other entities, to distribute any form of child pornography;

(g) For a parént, legal guardian or person having custody or control of a child to knowingly permit the
child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any
form of child pornography shall be committed when two (2) or more persons come to an agreement
concerning the commission of any of the said prohibited acts and decide to commit it; and
(i) To possess any form of child pornography.

Section 5. Syndicated Child Pornography The crime of child pornography is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another and shall be punished under Section 15 (a) of this Act.

Section 6. Who May File a Complaint. Complaints on cases of any form of child pornography and other
offenses punishable under this Act may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity;

(d) Officer, social worker or representative of a licensed chiId-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);

(f) Local social welfare development officer

(g) Barangay chaiman,

(h) Any law enforcement officer

(i) At least three (3) concerned responsible citizens residing in the place where the violation occured; or

(j) Any person who has personal knowledge of the circumstances of the commission of any offense
under thisAct.

Section 9

Duties of an Internet Service Provider (ISP)

- All internet service providers (ISPs) shall notify the Philippine National Police (PNP) or the National
Bureau of Investigation(NBI) Within seven (7) days from obtaining facts and circumstances that any form
of child pornography Is being committed using its server or facility. Nothing in this section maybe
construed to require an 1SP to engage in the monitoring of any user, subscriber or customer, or the
content of any communication of any such person: Provided, That no ISP shall be held civilly liable for
damages on account of any notice given in good faitn in compliance with this section.

Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by
relevant authorities. An ISP shall, upon the request of proper authorities, furnish the particulars of users
who gained or attempted to gain access to an internet address which contains any form of child
pornography.

All ISPs shall install available technology, program or software to ensure that access to or transmittal of
any form of child pornography will be blocked or filtered.

An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to the
penalty provided under Section 15(k) of this Act.

The National Telecommunications Commission (NTC) shall promulgate within ninety (90) days from the
effectivity of this Act the necessary rules and regulations for the implementation of this provision which
shall include, among others, the installation of filtering software that will block access to or transmission
of any form of the child pornography.

Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business
Establishments. - All mall owners/operators and owners or lessors of other business establishments shall
notify the PNP or the NBl within seven (7)days from obtaining facts and Circumstances that child
pornography is being committed in their premises. Provided, That public display,of any form of child
pornography within their premises is a conclusive presumption of the knowledge of the mall
owners/operators and owners or lessors of other business establishments of the violation of this Act
Provided, further, That a disputable presumption of knowledge by mall Owners/operators and owners
or lessors of other business establishments should know or reasonably know that a violation of this Act
is being committed in their premises.

Photo developers, information technology

professionals, credit card companies and banks and any person who has direct knowledge of any form of
child pornography activities shall have the duty to report any suspected child pornography materials or
transactions to the proper authorities within seven (7) days from discovery thereof

Any willful and intentional violation of this provision shall be subject to the penalty provided under
Section 15 (I) ofthis Act.
Section 11. Duties of an Internet Content Host. An internet content host shall

(a) Not host any form of child pornography on its internet address;

(b) Within seven (7) days, report the presence of any form of child pornography, as well as the
particulars of the person maintaining, hosting, distributing or in any manner contributing to such
internet address, to the proper authorities; and

(c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities.

An internet conternt host shall, upon the request of proper authorities, furnish the particulars of users
who gained or attempted to gain access to an internet address that contains any form of child
pornography.

An internet content host who shall knowingly, willfully and intentionally violate this provision shall be
subject to the penalty provided under Section 15(j) of this Act: Provided, That the failure of the intemet
content host to remove any form of child pornography within forty-eight (48) hours from receiving the
notice that any form of child pornography is hitting its server shall be conclusive evidence of wilful and
intentional violation thereof.

Section 22. Child Pornography as a Transnational Crime.

  Pursuant to the Convention on transnational

Organized Crime, the DOJ may execute the request of a foreign state for assistance in the investigation
or prosecution of anyform of child pornography by: (1) conducting a preliminary investigation against
the offender and, if appropriate, to file the necessary charges in court; (2) giving information needed by
the foreign state; and (3) to apply for an order of forfeiture of any proceeds or monetary instrument or
properly located in the Philippines used in connection with child pornography in the court; Provided,
That if the DOJ refuses to act on the request of for delaying the execution thereof: Provided, further,
That the principles of mutuality and reciprocity shall, for this purpose, beat all times recognized.