ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES

Case Overview and Summary

Title: An Act Strengthening the Juvenile Justice System in the Philippines

Definitions (Section 4):
- 'Bahay Pag-asa': 24-hour child-caring institution for children in conflict with the law aged 15-18, awaiting court disposition or transfer
- Intensive Juvenile Intervention and Support Center (IJISC): Special facility within 'Bahay Pag-asa' for serious crimes committed by children aged 12-15

Minimum Age of Criminal Responsibility (Section 6):
- Children aged 15 and below are exempt from criminal liability
- Children aged 15-18 are exempt unless they acted with discernment

Juvenile Justice and Welfare Council (JJWC) (Sections 8, 9):
- Created under DSWD to ensure effective implementation of the Act
- Composed of representatives from various government agencies and NGOs
- Duties include overseeing implementation, advising the President, coordinating programs, conducting research, inspecting facilities, and submitting annual reports

Regional Juvenile Justice and Welfare Committee (RJJWC) (Sections 8, 9-A):
- Established in each region under JJWC's supervision
- Ensures effective implementation at regional and LGU levels
- Composed of representatives from regional agencies and NGOs

Children Below Age of Criminal Responsibility (Section 20):
- Children aged 15 and below to be released to parents/guardians and subjected to community-based intervention
- If parents/guardians unavailable, child may be released to NGOs, barangay officials, or DSWD

Serious Crimes by Children Aged 12-15 (Section 20-A):
- Mandatory placement in IJISC within 'Bahay Pag-asa' for serious crimes like murder, rape, and drug offenses
- Court determines initial placement period of at least 1 year

Repetition of Offenses by Children Aged 12-15 (Section 20-B):
- Intensive intervention program supervised by LSWDO
- Voluntary or involuntary commitment to 'Bahay Pag-asa' if in best interest of the child

Exploitation of Children for Commission of Crimes (Section 20-C):
- Penalty for crimes committed by exploiting children shall be imposed in maximum period

Joint Parental Responsibility (Section 20-D):
- Court may require parents to undergo counseling or intervention
- Parents liable for damages unless reasonable supervision proven

Assistance to Victims (Section 20-E):
- Victims and their families to be provided assistance and psychological intervention

Preliminary Investigation and Filing of Information (Section 33):
- Prosecutor conducts preliminary investigation if child does not qualify for diversion or diversion is inappropriate
- Information alleging child acted with discernment to be filed within 45 days

Establishment of 'Bahay Pag-asa' (Section 49):
- Each province and highly-urbanized city to build, fund, and operate 'Bahay Pag-asa' following DSWD standards
- IJISC to be established within 'Bahay Pag-asa' for intensive intervention programs

Care and Maintenance (Section 50):
- LGUs to include budget for local juvenile intervention program and 'Bahay Pag-asa' maintenance

Status Offenses and Violations of Local Ordinances (Sections 57, 57-A):
- Conduct not considered an offense for adults shall not be punished for children
- Children violating local ordinances to be brought to parents/guardians, not penalized

Mandatory Registry of Children in Conflict with the Law (Section 12):
- Duty-bearers to record information on children in conflict with the law
- JJWC to establish centralized information management system

Appropriations (Section 63):
- P400 million appropriated for construction of 'Bahay Pag-asa' rehabilitation centers
- LGUs to provide counterpart of P5 million per rehabilitation center