JUVENILE JUSTICE AND WELFARE ACT OF 2006

Case Overview and Summary

Summary of the Juvenile Justice and Welfare Act of 2006

Governing Principles
- Recognizes the vital role of children in nation-building and promotes their well-being. (Sec. 2a)
- Protects the best interests of the child through measures aligned with international child protection standards. (Sec. 2b)
- Recognizes the right of children to assistance, care, nutrition, and protection from abuse and exploitation. (Sec. 2c)
- Promotes dealing with children in conflict with the law without resorting to judicial proceedings, while respecting legal safeguards. (Sec. 2d)
- Considers cultural and religious perspectives in administering the juvenile justice system. (Sec. 2e)
- Applies the principles of restorative justice. (Sec. 2f)
- Provides for liberal construction of the law in favor of the child. (Sec. 3)
- Defines key terms such as "child," "child at risk," "child in conflict with the law," "diversion," "restorative justice," and others. (Sec. 4)
- Outlines the rights of children in conflict with the law, including the right to dignity, legal assistance, confidentiality, and alternatives to imprisonment. (Sec. 5)
- Exempts children aged 15 and below from criminal liability but subjects them to intervention programs. Children above 15 but below 18 are also exempt unless they acted with discernment. (Sec. 6)
- Provides for the determination of age and presumption of minority. (Sec. 7)

Structures in the Administration of Juvenile Justice and Welfare
- Establishes the Juvenile Justice and Welfare Council (JJWC) under the Department of Justice to oversee the implementation of the law and coordinate among relevant agencies. (Sec. 8)
- Outlines the duties and functions of the JJWC, including policy formulation, program development, research, inspection of facilities, and training. (Sec. 9)
- Requires government agencies to draft policies and procedures consistent with the law's standards, with the assistance of the JJWC. (Sec. 10)
- Mandates the Commission on Human Rights' Child Rights Center to monitor and uphold the rights and interests of children. (Sec. 11)

Prevention of Juvenile Delinquency
- Emphasizes the role of the family, educational system, mass media, and local councils in preventing juvenile delinquency. (Secs. 12-15)
- Requires the appointment of a local social welfare and development officer by LGUs to assist children in conflict with the law. (Sec. 16)
- Involves the Sangguniang Kabataan in formulating and implementing juvenile intervention and diversion programs. (Sec. 17)
- Mandates the development of a comprehensive juvenile intervention program by LGUs, with the participation of various sectors and agencies. (Sec. 18)
- Establishes community-based programs on juvenile justice and welfare, focusing on primary, secondary, and tertiary intervention. (Sec. 19)

Treatment of Children Below the Age of Criminal Responsibility
- Requires the immediate release of children aged 15 and below to their parents or guardians, or to appropriate authorities if parents cannot be located or refuse custody. (Sec. 20)

Juvenile Justice and Welfare System
- Outlines the procedure for taking a child into custody, including explaining their rights, avoiding unnecessary force, and ensuring proper medical examination. (Sec. 21)
- Requires the presence of a child's counsel, parents/guardians, and social workers during the taking of statements. (Sec. 22)
- Establishes a system of diversion for children in conflict with the law, subject to certain conditions and procedures. (Sec. 23)
- Allows diversion at various stages, including the Katarungang Pambarangay, police investigation, and court proceedings. (Sec. 24)
- Provides for conferencing, mediation, and conciliation as part of the diversion process. (Sec. 25)
- Outlines the requirements for a contract of diversion, including the child's voluntary admission, development of a diversion program, and supervision by social welfare officers. (Sec. 26)
- Requires the Punong Barangay or law enforcement officer to forward the case to the appropriate authorities if diversion is not pursued. (Secs. 27-28)
- Specifies factors to consider in determining the appropriateness of diversion and formulating a diversion program. (Secs. 29-30)
- Lists the kinds of diversion programs that may be agreed upon, such as restitution, counseling, community service, and vocational training. (Sec. 31)
- Mandates the assignment of specially trained prosecutors to handle cases involving children in conflict with the law. (Sec. 32)
- Outlines the procedure for preliminary investigation and filing of information against a child in conflict with the law. (Sec. 33)
- Provides for the consideration of minority as a privileged mitigating circumstance in determining bail. (Sec. 34)
- Allows for the release of a child on recognizance, bail, or transfer to a youth detention home, but prohibits detention in a jail pending trial. (Sec. 35)
- Permits the use of alternative measures to detention pending trial, such as close supervision or placement in an educational setting. (Sec. 36)
- Allows for diversion measures before arraignment if the maximum penalty is not more than 12 years of imprisonment. (Sec. 37)
- Provides for the automatic suspension of sentence for convicted children under 18 and the imposition of appropriate disposition measures. (Sec. 38)
- Allows for the discharge of a child if the objectives of the disposition measures have been fulfilled. (Sec. 39)
- Permits the return of a child to court for execution of judgment if the objectives of the disposition measures have not been met. (Sec. 40)
- Provides for credit in the service of sentence for the time spent in actual commitment and detention. (Sec. 41)
- Allows for probation as an alternative to imprisonment for convicted children. (Sec. 42)
- Ensures the confidentiality of records and proceedings involving children in conflict with the law. (Sec. 43)

Rehabilitation and Reintegration
- Aims to provide interventions, approaches, and strategies to enable children in conflict with the law to improve their social functioning and reintegrate into their families and communities. (Sec. 44)
- Requires a valid court order for a child to be received in a rehabilitation or training facility. (Sec. 45)
- Mandates the separation of children from adults in rehabilitation or training facilities, except for family members. (Sec. 46)
- Requires special attention and separate accommodation for female children in conflict with the law. (Sec. 47)
- Requires gender-sensitivity training for personnel handling children in conflict with the law. (Sec. 48)
- Mandates the establishment of youth detention homes by LGUs, with the option for private and NGOs to establish such facilities with DSWD accreditation. (Sec. 49)
- Outlines the responsibility for bearing the expenses for the care and maintenance of a child in institutional care. (Sec. 50)
- Allows for the confinement of convicted children in agricultural camps and other training facilities established by BUCOR, in coordination with DSWD. (Sec. 51)
- Provides for the rehabilitation of children in conflict with the law through community-based programs or youth rehabilitation centers, with regular progress reports to the court. (Secs. 52-53)
- Outlines the objectives of community-based programs, including preventing disruption in education or livelihood, maintaining family support, facilitating rehabilitation and reintegration, and minimizing stigma. (Sec. 54)
- Requires LGUs to establish community-based programs that meet criteria established by the JJWC, considering the program's purpose, consent of the child and parents, and participation of child-centered agencies. (Sec. 55)
- Mandates the provision of after-care support services for children in conflict with the law whose cases have been dismissed due to good behavior. (Sec. 56)

General Provisions
- Exempts children from prosecution for status offenses, vagrancy, prostitution, mendicancy, and sniffing of rugby. (Secs. 57-58)
- Prohibits the imposition of the death penalty on children in conflict with the law. (Sec. 59)
- Prohibits labeling and shaming of children in conflict with the law, as well as discriminatory remarks and practices. (Sec. 60)
- Prohibits the employment of threats, abusive measures, degrading punishments, and involuntary servitude against children in conflict with the law. (Sec. 61)
- Imposes penalties for violations of the law or its implementing rules and regulations, including fines of P20,000 to P50,000 and/or imprisonment of 8 to 10 years, with additional administrative penalties for public officers or employees. (Sec. 62)
- Provides for appropriations to carry out the initial implementation of the law, including P50 million from the Philippine Charity Sweepstakes Office for setting up the JJWC. (Sec. 63)

Transitory Provisions
- Mandates the immediate dismissal of cases involving children aged 15 and below at the time of the crime's commission and their referral to social welfare officers. (Sec. 64)
- Requires the Family Court to determine the necessity of continued detention for children detained pending trial and to order their transfer to youth detention homes if necessary. (Sec. 65)
- Directs the PNP, BJMP, and BUCOR to submit an inventory of all children in conflict with the law under their custody within 90 days of the law's effectivity. (Sec. 66)
- Provides for the determination of appropriate dispositions for children who reach the age of 18 pending diversion and court proceedings. (Sec. 67)
- Allows for the retroactive application of the law to persons who were below 18 at the time of the offense and are serving sentences, with adjustments to their sentences and potential release if qualified. (Sec. 68)

Final Provisions
- Grants the JJWC the power to issue implementing rules and regulations within 90 days of the law's effectivity. (Sec. 69)
- Includes a separability clause. (Sec. 70)
- Repeals or modifies existing laws, orders, decrees, rules, and regulations inconsistent with the provisions of the law. (Sec. 71)
- Specifies the effectivity date as 15 days after publication in at least two national newspapers of general circulation. (Sec. 72)