SALIENT FEATURES OF R.A.

9344 AS
AMENDED BY R.A. 10630
 UN CRC

ARTICLE 37, Convention on the Rights of the Child

a) No child shall be subjected to torture or other cruel, inhuman

or degrading treatment or punishment. Neither capital
punishment nor life imprisonment without possibility of
release shall be imposed for offences committed by persons
below eighteen years of age;
 UN CRC

ARTICLE 40
3. States Parties shall seek to promote the establishment of
laws, procedures, authorities and institutions specifically
applicable to children alleged as, accused of, or recognized
as having infringed the penal law, and, in particular:

(a) the establishment of a minimum age below which

children shall be presumed not to have the capacity
to infringe the penal law;
 UN CRC

The United Nations Standard Minimum Rules for

the Administration of Juvenile Justice
Beijing Rules
Each case shall from the outset be handled expeditiously,
without any unnecessary delay– Article 20 (1)

The placement of a juvenile in an institution shall always be a

disposition of last resort and for the minimum necessary period--
Article 19 (1)

Whenever possible, detention pending trial shall be replaced

by alternative measures, such as close supervision, intensive
care or placement with family or in an educational setting or
home– Article 13 (2)
 CHILD

 refers to a person under the age

of eighteen (18) years
 Who is a CICL?

 refers to a child who is alleged as,

accused of, or adjudged as, having
committed an offense under
Philippine laws
 Who is a Child at-Risk?

children who are vulnerable or at -risk of behaving in a way that can harm
themselves or others, or vulnerable and at risk of being pushed and exploited to
come into conflict with the law because of personal, family and social
circumstances, such as, but not limited to, the following:

a. being abused by any person through sexual, physical, psychological, mental,

economic or any other means, and the parents or guardians refuse, are unwilling,
or unable to provide protection for the child;

b. being exploited sexually or economically;

c. being abandoned or neglected, and after diligent search and inquiry, the parents
or guardians cannot be found;
 Who is a Child at-Risk?

d. coming from a dysfunctional or broken family or being without a

parent or guardian;

e. being out of school;

f. being a street child;

g. being a member of a gang;

h. living in a community with a high level of criminality or drug abuse;

and

i. living in situations of armed conflict.

 Who is a Child at-Risk?

also includes those children who violate the ordinances enacted by local
governments, concerning juvenile status offenses enumerated in Section
57-A of the Act;

Children-at-Risk also includes those who commit any of the following:

(1) Status offenses under Section 57 of the Act;

(2) Prostitution under Section 202 of the Revised Penal Code, as

amended;

(3) Mendicancy under Presidential Decree No. 1563; and

(4) Sniffing of rugby under Presidential Decree No. 1619

Principle of Restorative Justice
 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.

 enhances public safety by activating the offender, the victim

and the community in prevention strategies.
Rights of a CICL
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;
Rights of a CICL

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, for

the inherent dignity of the person, and in a manner
which takes into account the needs of a person of
his/her age.
 Rights of a CICL
(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;
Rights of a CICL

(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;
Rights of a CICL
(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;

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

Rights of a CICL

(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.
MACR
 Minimum age of criminal responsibility retained at above
15 years old:
 Subjected to INTERVENTION PROGRAMS for CICL 15 YO
and below

 Sec 6 (as amended by Sec 3 of RA 10360)

A child fifteen years of age or under at the time of the commission
of the offense shall be exempt from criminal liability…

‘A child is deemed to be fifteen (15) years of age on the day of

the 15th anniversary of his/her birthday
 Standard Procedure in the
Management of CAR and CICL Cases

Sec 22 (as amended by Sec 8 of RA 10360) - DURING

initial investigation, LSWDO conducts initial assessment
using discernment assessment tools developed by the
DSWD

Sec 33 – In case of preliminary investigation and filing

of information, the information must allege that the
child acted with discernment
Discernment

 discernment as capacity to understand the difference

between right and wrong, and its consequences

 It is the duty of the law enforcement officer during initial

investigation to refer the child who is above 15 years of
age and below 18 years of age to the LSWDO for the
determination of discernment.
Children above 15 but below 18 years old
who acted without discernment
 Immediately release to parents/guardian or nearest relatives in absence
thereof
 IF above refused or cannot be located, child shall be released to registered
NGO, barangay official or BCPC member, LSWDO or DSWD
 LSWDO shall determine the appropriate programs in consultation with the
child and person having custody
 Petition for involuntary commitment if child is abandoned, neglected or
abused or parents will not comply with the intervention program
 No detention of CICL pending
trial/hearing of case

The court shall not order the detention of

a child in a jail pending trial or hearing of
his/her case.
(Sec 35, RA 9344 as amended)

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. 21)
Custody of CICL Pending Trial
Where a child is detained, the Court shall order:
the release of the minor on recognizance to his or her parents, and other
suitable persons;
the release of the child in conflict with the law on bail; or
commitment in the “Bahay Pag-Asa” in the province, city or municipality,
where the child resides.

In the absence of a “Bahay Pag-Asa,” the child in conflict with the law may be
committed to the care of the DSWD or a licensed and/or accredited NGOs
within the jurisdiction of the Court. The center or agency concerned shall be
responsible for the child’s appearance in court, whenever required.
When the Child is Deprived of Liberty

RULE 61 of the Revised IRR

If the child in conflict with the law is deprived of
liberty at the time the Prosecutor assumes jurisdiction
of the case, the counsel of choice or the PAO, as the case
may be, shall manifest to the Court such fact, with the
objective of obtaining an immediate Order of Release
from the Court.
Automatic Suspension of
Sentence
 child in conflict with the law found guilty beyond reasonable doubt of the
offense charged

 instead of executing the judgments of conviction, the court shall place the
child in conflict with the law under suspended sentence, without need of
application

 can be availed of even if the child is already eighteen years (18) of age or
more but not above twenty-one (21) years old, at the time of the
pronouncement of guilt,
 Exploitation of Children for Commission of Crimes

Section 20-
- punishes acts of using, inducing, influencing, threatening,
or taking advantage of vulnerabilities of a child to commit
an offense/crime

- shall be liable for the maximum penalty prescribed for the

crime committed
 Mandatory Registry of CICL

Sec. 12 RA 10630

*WHO? All duty-bearers (including barangay/BCPC workers, law enforcers,

teachers, guidance counsellors, social workers and prosecutors) who will
receive report, handle or refer cases of CICL.

*DUTY? - Ensure faithful recordation of all pertinent information about

CICL

*WHAT PERTINENT INFORMATION? 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

*JJWC Mandate? Lead in the establishment of a centralized information

management system on CICL
 Labelling and Shaming
RULE 88 of the Revised IRR

As mandated by Section 60 of the Act, in the conduct of the proceedings from

the initial contact with the child, the competent authorities must refrain from
branding or labelling children as young criminals, juvenile delinquents,
deviants, prostitutes, vagrants or other similar derogatory labels, and
attaching to them, in any manner, any other derogatory names.
“Competent authorities” under this Rule refers to persons having contact
with the CICL, including but not limited to:
PAO lawyers
 Confidentiality of Records and
Proceedings
• Allrecords and proceedings involving children in conflict with the law
from initial contact until final disposition of the case shall be considered
privileged and confidential.

• Recordsof a child in conflict with the law shall not be used in subsequent
proceedings for cases involving the same offender as an adult, except
when beneficial for the offender and upon his/her written consent.
Prohibited Acts
a. Employment of threats of whatever kind and nature;

b. Employment of abusive, coercive and punitive measures;

c. Employment of degrading, inhuman and cruel forms of punishment;

d. Compelling the child to perform involuntary servitude in any and all

forms under any and all instances.
Penalty of Violation of RA 9344 as
amended by RA 10630
 Fine of Php 20,000 to Php 50,000

 Imprisonment of 8 to 10 years

 Both fine and imprisonment

 Perpetual absolute disqualification, if a public officer or employee

THANK YOU.