Rights of the Child in Conflict with the Law.
SEC. 5. Rights of the Child in Conflict with the Law. – Every child in conflict with the law shall have the following rights, including but not limited to:
the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;
the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release;
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;
the right to be treated with humanity and respect for the inherent dignity of the person, and in a manner winch takes into account the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from 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 in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances;
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;
the right to bail and recognizance, in appropriate cases;
the right to testify as a witness in his/her own behalf under the rule on examination of a child witness;
the right to have his/her privacy respected fully at all stages of the proceedings;
the right to diversion if he/she is qualified and voluntarily avails of the same;
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;
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;
in general, the right to automatic suspension of sentence;
the right to probation as an alternative to imprisonment, if qualified under the Probation Law;
the right to be free from liability for perjury, concealment or misrepresentation; and
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.
Minimum Age of Criminal Responsibility.
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 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.
Determination of Age.
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 shall 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.
TITLE IISTRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
Juvenile Justice and Welfare Council (JJWC).
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:
Council for the Welfare of Children (CWC);
Department of Education (DepEd);
Department of the Interior and Local Government (DILG);
Public Attorney's Office (PAO);
Bureau of Corrections (BUCOR);
Parole and Probation Administration (PPA);
National Bureau of Investigation (NBI);
Philippine National Police (PNP);
Bureau of Jail Management and Penology (BJMP);
Commission on Human Rights (CHR);
Technical Education and Skills Development Authority (TESDA);
National Youth Commission (NYC); and
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: Department of Justice (DOJ);
Department of Social Welfare and Development (DSWD)
Council for the Welfare of Children (CWC);
Department of Education (DepEd);
Department of the Interior and Local Government (DILG);
Commission on Human Rights (CHR);
National Youth Commission (NYC); and
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.
Duties and Functions of the JJWC.
SEC. 9. Duties and Functions of the JJWC. – The JJWC shall have the following duties and functions: To oversee the implementation of this Act;
To advise the President on all matters and policies relating to juvenile justice and welfare;
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;
To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the participation of government agencies concerned, NGOs and youth organizations;
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;
To formulate and recommend policies and strategies in consultation with children for the prevention of juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of the children in conflict with the law;
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:
the performance and results achieved by juvenile intervention programs and by activities of the local government units and other government agencies;
the periodic trends, problems and causes of juvenile delinquency and crimes; and
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.
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;
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;
To submit an annual report to the President on the implementation of this Act; and
To perform such other functions as may be necessary to implement the provisions of this Act.
Policies and Procedures on Juvenile Justice and Welfare.
SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. – 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).
Child Rights Center (CRC).
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.
TITLE IIIPREVENTION OF JUVENILE DELINQUENCYCHAPTER 1THE ROLE OF THE DIFFERENT SECTORS
The Family.
SEC. 12. The Family. – The family shall be responsible for the primary nurturing and rearing of children which is critical in delinquency prevention. As far as practicable and in accordance with the procedures of this Act, a child in conflict with the law shall be maintained in his/her family.
The Educational System.
SEC. 13. The Educational System. – 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. 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.
The Role of the Mass Media.
SEC. 14. The Role of the Mass Media. – The mass media shall play an active role in the promotion of child 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 primordial 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.
Establishment and Strengthening of Local Councils for the Protection of Children.
SEC. 15. Establishment and Strengthening of Local Councils for the Protection of Children. – Local Councils for the Protection of Children (LCPC) shall be established in all levels of local government, and where they have already been established, they shall be strengthened within one (1) year from the effectivity of this Act. 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 primary 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.
SEC. 16. Appointment of Local Social Welfare and Development Officer. – 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.
The Sangguniang Kabataan.
SEC. 17. The Sangguniang Kabataan. – The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the formulation and implementation of juvenile intervention and diversion programs in the community.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
