(r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. - Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. SEC. The government then passed on its law against juvenile crimes known as Republic Act 9344 on April 28, 2006 and was signed by then president Gloria Macapagal-Arroyo. - If, for any reason, any section or provision of this Act is declared unconstitutional or invalid by the Supreme Court, the other sections or provisions hereof not dfected by such declaration shall remain in force and effect. Probation as an Alternative to Imprisonment. 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; (l) Record the following in the initial investigation: 1. x��Ymo�8�^���e fD��Pp�u��A�vq�.���R�;�뿿�!)��%+8�v��_f�3�<3:=���厽{w>����X�o��nW���|�{S���?�|�P���j�.oߜ_&[ܿ}#X����R0q~�}�����o���߾��t\b? - 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; (e) 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; (h) Determine the age of the child pursuant to Section 7 of this 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. (d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail detention. (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. 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. Release on Recognizance. 28. 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. Repealing Clause. Determination ofAge. 55. 53. 9344 (Juvenile Justice and Welfare Act of 2006) OVERVIEW AND FEATURES Republic Act No. A contract of diversion may be entered into during such conferencing, mediation or conciliation proceedings. This is also a platform to hear your voices, reactions, and opinions. PURPOSE (Sec. - A Comprehensive juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the barangay to the provincial level. 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. - If the child is detained pending trial, the Family Court shall also determine whether or not continued detention is necessary and, if not, determine appropriate alternatives for detention. SEC. Welcome to the Juvenile Justice and Welfare Council (JJWC) Facebook Page! 51. Republic Act No. JUVENILE JUSTICE AND WELFARE ACT OF 2006 Primer. )�lL����I��H1��&�nj�ߠ*���+z�FLD�����O���.��0��}E|� endobj Offences have been categorized as petty/ serious/ heinous offences. - Educational institutions shall work together with families, community organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of child in conflict with the law. 63. (9) Participation in education, vocation and life skills programs. Discharge of the Child in Conflict with the Law. Republic Act 9344 or the “Juvenile Justice and Welfare Act” provides a system of dealing with children at risk and children in conflict with the law that includes child-appropriate proceedings, as well as programmes and services for prevention, diversion, rehabilitation, re-integration and aftercare. In case of doubt as to the age of the child, it shall be resolved in his/her favor. Formulation of the Diversion Program. Female Children. PURPOSE (Sec. endobj 29. 45. 11. TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY. Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin. A child in conflict 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 hid/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; (I) 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. 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