THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
‘04 JuL -1 
A9 :L@ 
OF THE PHILIPPINES 
1 
First Regular Session 
)
,
 
S E N A T E  
S. B. No. 
1211 
. 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
The youth in conflict with the law have varying special needs and thus their treatment at 
all stages of legal proceedings - apprehension, investigation, prosecution, adjudication and 
follow-up care -should be humane, effective and fair. They should be treated differently from 
the way adult offenders are handled. Emphasis should be on the promotion of the well-being and 
the rehabilitation of juvenile offenders rather than on exacting retribution. 
The ultimate thrust of this bill, therefore, is to establish a comprehensive and integrated 
system ofjuvenile justice in the Philippines. 
Section 13, Article II of the 1987 Constitution provides that “the State recogizes the 
vital role of the youth in nation building and thus, shall promote and protect their physical, 
moral, spiritual, intellectual and social well-bFing.” Pursuant to above-mentioned constitutional 
provision, the State has responsibility to provide the youth with care, support and understanding 
especially during times when he/she experiences confusion and the complexities of life, and is 
plunged to commit acts of delinquency and, to the extreme, crime. 
This bill intends to provide a just and more humane system of treating juvenile offenders 
in society through a comprehensive and integrated approach toward rehabilitating the 
delinquency. In consonance with the provisions of the UN Convention on the Rights of the 
Child and the UN Standard Minimum Rules for the Administration of Juvenile Systems, this bill 
pursues an effort at emphasizing on the need of rehabilitating and reintegrating the juvenile 
offender into the mainstream of society as in contrast to the traditional-medieval approach of 
stressing solely on the punitive aspect of the offender’s delinquent act. 
In support of enhancing a more comprehensive and integrated approach and system of 
juvenile justice in the country, approval of this bill is earnestly sought. 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
’04 J& -1 
A9 
OF THE PHILIPPINES 
1 
/ 
First Regular Session 
i 
.I ; 
S E N A T E  
S. B. No. 
12i2 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
ENHANCING THE ADMINlSTRATION OF JUVENILE 
JUSTICE, APPROPRIATING FUNDS THEREFORE 
AND FOR OTHER RELATED PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
PART I 
GOVERNING PRI[NCIPLES AND STRUCTURES ON TI= 
ADMINISTRATION OF JUVENILE JUSTICE 
CELAPTER I 
GENERAL PRINCIPLES AND POLICIES 
SECTION. I. 
Title. This Act shall be known as “The Juvenile Justice Act of 
2004 “. 
SEC. 2. 
Framework of Restorative Policy. This Act shall adopt the framework of 
restorative justice which aims at rehabilitating the child, restitution in favor of the victim and 
fostering peace in the community. 
SEC. 3. 
Declaration ofState Policy. The State recognizes the vital role of youth in 
nation building and shall promote and protect their physical, moral, spiritual, intellectual and 
social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their 
involvement in public and civil affairs. 
Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the 
State recognizes the right of every child alleged as, accused of, or recognized as having infringed 
the penal law to be treated in a manner consistent with the promotion of the child’s sense of 
dignity and worth, taking into account the child’s age and desirability of promoting hidher 
reintegration. Whenever appropriate and desirable, the State shall adopt measwes for dealing 


with such children without resorting to judicial proceedings, providing that human rights and 
legal safeguards are fully respected. 
The Administration of juvenile justice shall take into consideration the cultural and 
religious perspective of the Filipino people, particularly the indigenous peoples and the Muslims 
consistent with the protection of the rights of children belonging to these communities. 
SEC. 4. 
Fundamental Principles on the Administration of Juvenile Justice. The 
provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile 
Justice or “Beijing Rules’’, the United Nations guidelines for the Prevention of Juvenile 
Delinquency or “Riyadh Guidelines”, the U.N. Rules for the Protection of Juvenile Deprived of 
Liberty shall be adopted as part of this Act. The State adopts the following principles: 
(a) The prevention of juvenile delinquency is an essential part of crime prevention in 
society. 
(b) Community-based services and programs should be developed for the prevention of 
juvenile delinquency, particularly where no agencies have yet been established. 
Formal agencies of social control should only be utilized as a means of last resort. 
(c) No child shall be subjected to harsh or degrading correction or punishment measures 
at home, in school, or in any other institution. 
(d) The disposition taken by the competent authority on children in conflict with the law 
shall always. be in proportion not only to the circumstances and the gravity of the 
offense but also to the circumstances and the needs of the child as well as to the needs 
of the society. 
(e) Restrictions on the personal liberty of children in conflict with the law shall be 
imposed only after careful consideration and shall be limited to the possible 
minimum. 
(fl Deprivation of personal liberty and imprisonment shall be a disposition of last resort 
and for the minimum necessary .period. Children detained in facilities shall be 
guaranteed the benefit of meaningful activities and programs which serve to promote 
and sustain their health and self-respect, to foster their sense of responsibility and 
encourage those attitudes and skills that will assists them in developing their potential 
as members of society. 
(g) Neither capital punishment nor life imprisonment without possibility of parole or 
release shall be imposed for any crime committed by children. 
SEC. 5. 
Best Interests of the Child and Child Participation. Proceedings before 
any authority should be conducted in the best interests of the child and in a manner which allows 
the child to participate and to express himself or herself freely. Participation of children in 
program and policy formulation and implementation related with juvenile justice and 
delinquency prevention shall be ensured by the concerned government agency. 
SEC. 6. 
Minimum age of Criminal Responsibility. No person below twelve (12) 
years of age may be held criminally liable. However, although exempt from criminal liability, he 
or she may be subjected to a delinquency prevention program pursuant to SEC. 25 of this Act. 
SEC. 7. 
Determmatzon ofAge. The child’s age may he determined &om the 
child‘s birth certificate, baptismal certificate or any other document such as affidavits. In the 
absence of these documents, age may be based on information from the child himself, 
testimonies of other persons or the physical appearance of the child. In case of doubt as to the 
age of the child, it shall be resolved in favor of the minority. 


Any person contesting the age of the child may file a case in a summary proceeding for 
the determination of age before the Family Court which shall decide within forty-eight (48) 
hours from filing. 
SEC. 8. 
Definition of Terms. The following terms used in this Act shall be defined 
as follows: 
(a) Child refers to a person under the age of eighteen (18) years; 
(b) Child in conflict with the Law refers to a person below eighteen (1 8) years of age who 
is alleged, accused of, or recognized as having committed an offense &der the 
Philippine laws; 
(c) Deprivation of liberty means any form of detention or imprisonment or the placement 
of a person in a public or private custodial setting, from which the person is not 
permitted to leave at will, by order of any judicial, administrative or other public 
authority; 
(d) Take into custody refers to the moment when a child is arrested by law enforcement 
officers, barangay officials or any private person; 
(e) Diversion refers to an alternative child-appropriate process of determining a child's 
responsibility for an alleged offense as well as in determining the measures, if any, to 
be undertaken by the child and other persons without resorting to formal court 
adjudication. 
CHAPTER II 
AGENCIES INVOLVED IN THE ADMINISTRATION OF JUVENILE 
JUSTICE AND DELIQUENCY PREVENTION 
A. 
EXISTING AGENCIES 
SEC. 9. 
Coordination of Programs on Juvenile Justice Among Exzstmng Agencies. 
For effective implementation of this Act, appropriate coordinating mechanisms shall be 
established to rationalize the different programs on juvenile justice which are presently in place 
or being planned by the following agencies: 
(a) Council for the Welfare of Children; 
(b) Department of Justice; 
(c) Department of Social Welfare and Development; 
(d) Department of Education, Culture and Sports; 
(e) Department of Interior and Local Government; 
(0 Philippine National Police: 
(g) Supreme Court; and 
(h) Commission on Human Rights. 


B. 
OFFICE OF THE JUVENILE JUSTICE AND DELINQUENCY PROGRAM 
SEC. 10. 
Ofice of Juvenile Justice and Delinquency Prevention. An Office of 
Juvenile Justice and Delinquency Prevention (OJJDP) is hereby created and established under 
the Department of Justice headed by an Administrator with rank equivalent to an Undersecretary 
to oversee the implementation of this Act and ensure coordination among the concerned agencies 
as mentioned in Section 9. It shall be created within one year from the effectivity of this Act. 
Mundute of the OJJDP. The OJJDP shall have the following mandate: 
SEC. 11. 
(a) Develop objectives, priorities, and short- and long-term plans, and implement overall 
policy and strategy to cany out such plan, for all juvenile crime control, prevention, and 
juvenile offender accountability programs and activities relating to improving juvenile 
crime control, the rehabilitation of juvenile offenders, the prevention of juvenile crime, 
and the enhancement of accountability by offenders within the Philippine juvenile justice 
system; 
(b) Assists in the form of grants to eligible local government units (LGUs) to provide 
financial assistance to eligible entities to carry out projects designed to prevent juvenile 
delinquency, including the following: 
(1) educational projects or supportive services for juveniles to encourage 
juveniles to remain in elementary and secondary schools or in alternative 
learning situations in educational settings; 
(2) projects that use neighborhood courts or panels that increase victim 
satisfaction and require juveniles to make restitution or perform community 
service for the damage caused by their delinquent acts; 
(3).projects that expand the use of probation officers; and 
(4) projects that leverage funds to provide scholarships for postsecondary 
education and training for low-income juveniles who reside in neighborhoods 
with high rates of poverty, violence, and drug-related crimes; 
(c) Assists the indigenous peoples through the National Commission on Indigenous 
Peoples (NCIP) or community-based, nonprofit organizations in crime prone areas for 
purposes of providing: 
(1) constructive activities to youth during after school hours, weekends, and 
school vacations; 
(2) supervised activities in safe environments to youth in those areas; and 
(3) anti-alcohol and other drug education to prevent alcohol and other drug abuse 
among youth; 
(d) Make CRISIS (confidential reporting of individuals suspected of imminent school 
violence) grants to support the development and operation of confidential, toll-free 
telephone hotlines for the reporting of specific threats and suspicious or criminal conduct 
by juveniles to appropriate local law enforcement entities for investigation, and for 
related purposes; 
(e) Make grants to LGUs to assist them in planning, establishing, operating, coordinating, 
and evaluating projects for the development of more effective education, training, 


research, prevention, diversion, treatment, and rehabilitation programs in the area of 
juvenile delinquency and programs to improve the juvenile justice system; 
(0 Sets forth national agenda, plans, programs and activities (which, among other things, 
shall provide for court supervised initiatives that address the illegal possession of 
firearms by juveniles, and programs for positive youth development that provide 
delinquent and at-risk youth with an ongoing relationship with a caring adult, safe places 
, and structured activities during non-school hours, a healthy start, a marketable skill, and 
an opportunity to give back through community service); 
(8) Establishes within the OJJDP a National Institute for Juvenile Crime Control and 
Delinquency Prevention, which shall provide: 
(1) for the rigorous and independent evaluation of delinquency and youth 
violence prevention programs funded under this title; and 
(2) funding for new research on the nature, causes, and prevention of juvenile 
violence and juvenile delinquency. 
(h) Authorizes the following: 
(1) conduct, encourage, and coordinate research and evaluation into any aspect of 
juvenile delinquency, and to establish or expand specified programs; 
(2) provide technical assistance and training assistance; 
(3) establish a training program regarding methods and techniques for the 
prevention and treatment of juvenile delinquency; and 
(4) conduct a study on the effect of incarceration on status offenders and report to 
specified congressional committee members. 
(i) Enters into contracts with public and private nonprofit agencies, organizations, and 
institutions to establish and support programs and activities that: 
(1) involve families and communities and that are designed to carry out specified 
purposes, such as preventing and reducing juvenile participation in the 
activities of gangs that commit crimes, targeting elementary school students in 
steering students away from gang involvement, and providing treatment to 
juvenile gang members; and 
.(2) reduce juvenile participation in illegal gang activities, develop regional task 
forces involving State, local, and community-based organizations to 
coordinate gang disruption, prosecution, and curtailment, facilitate 
coordination and cooperation among specified agencies and community-based 
programs, and support programs that are designed to encourage courts to 
develop and implement a specified continuum of post-adjudication restraints, 
and assist in the provision by the Administrator of information and technical 
assistance to States in the design and utilization of risk assessment 
mechanisms to aid juvenile justice personnel in determining appropriate 
sanctions for delinquent behavior. 
(i) Make grants to, and enter into contracts with LGUs, public and private nonprofit 
agencies, organizations, and institutions, and individuals, or combinations thereof, to 
carry out projects for the development, testing, and demonstration of promising initiatives 
and programs for the prevention, control, or reduction of juvenile delinquency. 


(k) Make grants to: 
(1) local education agencies and nonprofit organizations to establish and support 
programs and activities for, the purpose of implementing mentoring programs; 
and 
(2) a qualified cooperative extension service for the purpose of expanding and 
replicating family mentoring programs to reduce the incidence of juvenile 
crime and delinquency among at-risk youth. 
SEC. 12. 
Duties and Functions of the OJJDP Administrator. The OJDDP shall 
have the following duties and functions: 
(a) To oversee and supervise the implementation of this Act; 
(b) To advice the President through the Department Secretary on all matters and policies 
relating to juvenile justice and delinquency prevention programs; 
(c) To assist agencies concerned with the administration of juvenile justice in the 
development of regulations, in accordance with the policies and provisions of this 
Act; 
(d) To conduct evaluations and studies of delinquency programs and activities of the 
local government units and other government agencies; 
(0 To implement national juvenile delinquency programs and activities wlnch may have 
an important gearing on the success of the entire juvenile delinquency effort; 
(g) To develop a comprehensive three to five year plan for juvenile justice, with the 
participation of government agencies concerned, NGOs, and youth organizations; 
(h) To collect relevant information and conduct research in relation to juvenile justice 
and analyze these date ofjuvenile for use in the improvement of the administration of 
juvenile justice; 
(i) To conduct inspections, through duly designated persons, on a regular basis in 
detention and rehabilitation facilities and to undertake spot inspections on their own 
initiative; and 
('j) To conduct trainings for the personnel of the agencies involved in the administration 
of juvenile justice. 
C. OFFICE OF THE CHILD OMBUDSMAN 
SEC. 13. 
Ofice of the Child Ombudsman. - An Office of the Child Ombudsman 
(OCO) shall be established under the Commission on Hurhan Rights (CHR) 
in all regions of the 
country primarily to monitor and check the implementation of this Act and to ensure that the 
status, rights and interests of children are upheld 
SEC. 14. 
Duties and Functions ofthe OCO. - The OCO shall have the following 
duties and functions: 
(a) To monitor the implementation of this Act; 
(b) To act on complaints for violation of this Act and other violations of children's rights; 


(c) To publish an annual report on the implementation of this Act; and, 
(d) To provide child advocacy services. 
SEC. 15. 
Other Institutions Focused on Juvenile Justice and Delinquency Program. 
- In addition to the child and youth welfare agencies defined under SEC. 117 of P.D. 603, 
institutions that can provide special services for children in need of parental supervision, 
guidance, care, counseling, diversion services and other programs for children in conflict with 
the law and their parents, may be established by private or public organizations. 
SEC. 16. 
Accreditation of Agencies Established in Relation to Juvenile Justice. - 
The provisions under P.D. 603 related to child and youth welfare agencies, such as accreditation 
and licensing, shall be applicable to institutions created under SEC. 14. These institutions may 
enter into agreements with the PNP, local government units, DSWD, the DOJ and the Family 
Courts to provide services, such as diversion programs, temporary shelter and counseling for 
children in conflict with the law. 
PART 11 
PREVENTION OF JUVENILE DELIQUENCY 
CHAPTER I 
THE ROLE OF THE DIFFERENT SECTORS 
SEC. 17. 
Family Program. - The family is responsible for the primary socialization 
of children which is important in delinquency prevention. Governmental and social efforts to 
preserve the integrity of the family, including the extended family, should be pursued. 
The focus of this component, initiated in year two and lasting through year three, is to 
develop family support and modeling for a non-drug use norm within the family and in the 
school neighborhood and includes parent education and organization throughout high school. 
This is accomplished by the creation of a group consisting of the principal, four to six parents, 
and two student peer leaders from each school who meet throughout the school year to: 
(1) refine school policy to institutionalize crime and delinquency prevention program in 
the school; 
(2) help provide a drug-free environment by monitoring the school grounds and 
surrounding neighborhood; and 
(3) plan and implement parent skills training twice a year for all parents, focusing on 
parent-child communication and prevention support slulls. 
SEC. 18. 
School Program. - As far as practicable, educational institutions shall 
work together with parents, community organizations and agencies concerned wth the activities 
of children. Educational institutions shall establish a system of dealing with students who 
commit offenses within the school. 
The school program, which is the central program channel, is initiated in grade six or 
seven (i,e., depending on the local school district, the transition year into high school), delivered 
by trained teachers, and facilitated by peer leaders nominated by the class and trained by the 
teacher. The program includes 10-13 classroom sessions focused upon increasing skills to resist 
and counteract pressures to use drugs, and to change the social climate of the school to accept a 
non-drug use norm. The second year (grade seven or eight) includes a five-session booster 


program to reinforce the previous year's message, and in the subsequent high school years peer 
counseling and support activities are provided. 
SEC. 19. 
Mass Media. - The mass media shall use its power for the prevention of 
drug abuse and other forms of delinquency by relaying consistent messages through a balanced 
approach. The mass media component intends to introduce and explain to the community the 
school-based program and each new program component as it is added. The messages delivered 
by each program component, especially the school and parent programs, are reinforced by 
broadcasting to the larger community of residents who provide a modeling influence on 
adolescents. 
SEC. 20. 
Establishment and Strengthening of Local Councils for the Protection of 
Children. - Local Councils for the Protection of Children shall be established in all local 
governments and strengthened, where they have already been established, within one (1) year 
from effectivity of this Act. 
The membership of these local councils shall be taken i?om responsible members of the 
community, including a representative of the youth, a representative of the local government unit 
concerned, and a representative from an N O  or private agency concerned with the welfare of 
children. 
These councils shall coordinate with and assist the local government unit concerned in 
adopting a comprehensive plan on delinquency prevention and be the primary agency to oversee 
its implementation. 
SEC. 21. 
Appointment of Local Social Weyare and Development Oflcer. - All 
provinces, cities and municipalities shall appoint local social welfare and development officers 
primarily tasked to assist children in conflict with the law. At the barangay level, the Barangay 
Council for the Protection of Children (BCPC) shall designate one of its members or a member 
of a child-focused NGO in the barangay or other responsible person for this purpose. 
SEC. 22. 
The Sangguniang Kabataan. - The Sangguniang Kabataan shall actively 
involve itself in the formulation and implementation of delinquency prevention and diversion 
programs in the community. It shall coordinate with local councils for the protection of children 
for this purpose. It is encouraged that the SK shall devote at least fifty percent (50%) of its 
annual budget to delinquency prevention programs for the youth. 
CEIAPTER II 
COMPREHENSIVE DELINQUENCY PREVENTION PLANS 
SEC. 23. 
Comprehensive Juvenile Delinquency Prevention Plans. - Comprehensive 
juvenile delinquency prevention plans covering at least a three-year period shall be instituted in 
all local government units from the barangay to the provincial level. 
SEC. 24. 
Budget for Juvenile Delinquency Prevention Programs. - The local 
government units shall set aside at least ten percent (10%) of their annual budget for the 
implementation of juvenile delinquency prevention programs. 
SEC. 25. 
The Community Approach. - Community-based services and programs 
which respond to the special needs, problems, interests and concerns of young persons and which 
offer appropriate counseling and guidance to young persons and their families should be 
developed or strengthened where they exist. 
SEC. 26. 
Multidimensional Treabment Foster Care. - 
A system for a 
multidimensional treatment foster care (MTFC) shall be established as a cost effective alternative 
to group or residential treatment, incarceration, and hospitalization for adolescents who have 


problems with chronic antisocial behavior, emotional disturbance, and delinquency.' Toward this 
end, community families are recruited, trained, and closely supervised to provide MTFC-placed 
adolescents with treatment and intensive supervision at home, in school, and in the community; 
clear and consistent limits with follow-through on consequences; positive reinforcement for 
appropriate behavior; a relationship with a mentoring adult; and separation from delinquent 
peers. To ensure that the mechanism for MTFC are put in place, the following components shall 
be institutionalized: 
~ 
(a) MTFC Traihing for Community Families. This training component emphasizes the 
behavior management methods tb provide youth with a structured and therapeutic 
living envirbnment. After complbting a pre-service training and placement of the 
youth, MTFC parents attend a weekly group meeting run by a program case manager 
where ongoing supervision is pqovided. Supervision and support is also given to 
M R C  parents during daily telephbne calls to check on youth progress and problems. 
(b) Services to the Youth's Family. "hs component provides for the youth's biological (or 
adoptive) family, with the ultimate goal of returning the youth back to the home. The 
parents are taught to use the struckwed system that is being used in the MTFC home. 
Closely supervised home visits ire conducted throughout the youth's placement in 
MTFC. Parents are encouraged! to have frequent contact with the MTFC case 
manager to get information about their child's progress in the program. 
(c) Coordinatioj? and Community Liiison. This component is maintained between the 
MTFC c a d  manager and the 1 youth's parole/probation officer, teachers, work 
supervisors, gnd other involved a ults. 
! 
7 
I 
SEC. 27. 
qrocess in Coming yp with Comprehensive Delinquency Prevention 
Plans. - The local government unit, in coordination with the local council for the protection of 
children, shall call on all sectors concernekl, particularly the child-focused institutions, non- 
government organizations, people's organizations, youth organizations, educational institutions 
and government agencies involved in delinquency prevention like the DSWD, PNP, DOJ and 
DECS to participate in the planning proce's and the implementation of programs related to 
delinquency prevention. 
SEC. 28. 
Periodic Review and Assessment of the Comprehensive Delinquency 
Prevention Plans. - The Comprehensive Delinquency Prevention Plans shall be reviewed and 
assessed yearly by the local government units in coordination with the local councils for the 
protection of children. Results of the assessdent shall be submitted to the OJJDP. 
SEC. 29. 
Delinquency Preventiqn Programs. - Delinquency prevention programs 
which may be implemented by the local gdvernment units through the local councils for the 
protection of children, schools, youth organidations and other concerned agencies shall consist of 
a) Primary prevention includes gen I 
ral measures to promote social justice and equal 
three levels: 
opportunity, which tackles perce ved root causes of offending such as poverty and 
other forms of marginalization. 'i 
b) Secondary Prevention includes mqasures to assist children who are identified as being 
more particularly at risk, such as those whose parents are themselves in special 
difficulty or are not caring approp 'ately for them. 
c) Tertiary prevention involves sche es to avoid unnecessary contact with the formal 
1 
justice system and other measures Yo prevent repetition of the offense. 
In all three levels of prevention, offic,ial intervention should be pursued primarily in the 
overall interest of the child and guided by faifpess and equity. 


SEC. 30 
Children in Need of Parental Supervision and Guidance. - The following 
children may be considered as in need of parental supervision and care and are at risk of prone to 
become delinquents: 
(a) Children below twelve (12) years old who have committed an offense but are exempt 
from criminal responsibility; 
(b) Children used by criminals in the commission of crime; 
(c) Street children who may be runaways, abandoned, maltreated, abused and neglected; 
and 
(d) Those recommended by the OJJDP based on their research. 
SEC. 31. 
Treatment of Children Below the Age of Criminal Responsibility. - Once it 
is found out the arrested child is beloyv twelve (12) years old, the authority having initial contact 
with the child has the duty to immediately release the child to the custody of hisiher parents or 
guardian or in the absence of the two, the child’s nearest relative or any accredited child caring 
agency. If the offense is serious, the child shall be referred to the local social welfare officer for 
the determination of appropriated prevention programs in consultation with the child and 
anytime having custody over hisher person. 
SEC. 32. 
Use of Children m Criminal Activities. - Once it is found that the arrested 
child is only being used in committing the offense, the concerned authority has the duty to 
immediately release the child to the custody of his parents If the offense is serious, the child 
shall be referred to the local social welfare officer for the determination of appropriate 
prevention programs in consultation with the child and his parents or guardians or in the absence 
of the two, the child’s nearest relative or family friend. 
Definition of Serious Ofense. - For the purpose of the two preceding 
SEC. 33. 
sections, serious offense/offenses are those with the penalty ofprison correccional. 
SEC. 34. 
Streetchddren. - The local government units particularly in urban areas 
shall be required to include programs for streetchildren in their delinquency prevention 
programs, such as temporary shelter, referral to foster homes, child-caring institutions and 
eventual reintegration with the family or placement for adoption. 
SEC. 35. 
Duty 0fDSWD.- If the child referred to Sec. 29, 30 and 32 is found to be 
abandoned, neglected and abused by his parents, or in the event that the parents will not comply 
with the prevention program, the proper petition for involuntary commitment shall be filed by 
the DSWD pursuant to P.D. 603. 
PART ID 
JUVENILE JUSTICE SYSTEM 
CHAPTER I 
INITIAL CONTACT WITH TRE CHILD 
SEC. 36. 
Initial Contact with the Child- The child comes into an initial contact 
with the juvenile justice system when he/she is: 
(a) taken into custody by a police officer or barangay tanod; 


(b) taken into custody by a private individual making a citizen’s arrest; 
(c) issued summons by the Barangay Council; and 
(d) issued summons by the prosecutor or judge of the municipal trial court as the case 
may be. 
The provision of this title shall apply from initial contact with the child until the final 
disposition of the case in court. 
SEC. 37. 
Procedure ofTaking the Child into Cu&x&. -From the moment a child is 
taken into custody by any of the persons authonzed, he/she shall: 
(a) Immediately inform the child of the reason for such custody and advise the child of 
his or her legal rights in a language that is understood by the child; 
(b) He or she shall identify himself to the child and present an identification paper if 
he/she is not on uniform; 
(c) Not employ unnecessary force or sexual advances during such proceedings; 
(d) Not use vulgar or profane words; 
(e) Not use handcuffs or other instruments of restraint on the child unless absolutely 
necessary; 
(f) Notify the local social welfare and development officer within six (6) hours, as far as 
practicable, form the time the apprehension is made, who shall in turn notify the 
parents or guardians within another six (6) hours from such custody; and, 
(g) Take the child immediately after apprehension to the proper medical or health officer 
for a thorough physical and mental examination. Whenever the treatment of any 
physical or mental defect of a child is required, steps shall be immediately undertaken 
to provide the same. 
For private individuals making a citizen’s arrest, he/she shall immediately turn 
over the child to the police. 
SEC. 38. 
Initial Inquiry - The authority who has initial contact with the child shall 
conduct an initial inquiry to determine the following. 
(a) The age of the child pursuant to Section 7 of this Act; 
(b) The imposable penalty of the offense for which the child was apprehended or 
summoned in order to determine where the case should be referred to. 
The initial inquiry shall be conducted in the presence of the child’s parents or guardian, 
local social welfare and development officer, the nearest relative, member of child-focused 
group, religious group or BCPC member. 
SEC.39. 
Duty Ajkr Initial Inquiry - After the initial inquiry, the authority 
conducting initial inquiry may do any of the following: 
(a) Proceed in accordance with Section 29 if the child is below twelve (12) years old; 
(b) If the child is above twelve (12) years old, he may be referred to the following: 


(i) Kuturungung Pumbarungay, if the imposable penalty for the offense is equal 
to or less than one (1) year or a fine not exceeding Five thousand pesos 
(P5,OOO.OO); 
(ii) Child and Youth Relations Unit, as provided in Chapter I1 (D), if the 
prescribed penalty for the offense charged exceeds one (1) year, regardless of 
imposable fine, for further investigation, unless the case was filed directly 
before the Office of the prosecutor in which case he shall be the one to 
conduct the investigation. 
CHAPTER II 
A. COMMON PROVISIONS ON DIVERSION 
SEC. 40. 
System ofDrverszon. - Children in conflict with the law shall as much as 
possible be referred to alternative measures without undergoing court proceedings subject to the 
conditions hereinafter provided. 
SEC. 41. 
namely 
Levels of Dzverszon. - Diversion shall be conducted at three levels 
(a) Katarungang Pambarangay, 
(b) Police, 
(c) And prosecution. 
The Lupong Tugupamuyupu, the CYRU and the prosecutors for children are the 
competent authorities to conduct diversion proceedings. 
SEC. 42. 
Duty to Inform of Child of His/Her Offense - The competent authorities 
are duty-bound to explain to the child in language known and understood by himiher the 
consequences of hisher acts and/or omission. The child‘s responsibility for the commission of 
any felony shall be explained to h i d e r  with a view towards counseling and rehabilitating 
h i d e r ,  and avoiding hisher contact with the criminal justice system and indemnifying the 
victids if necessary. 
SEC. 43. 
Indigenous Modes of Diversion - Indigenous modes of conflict resolution 
in harmony with international and national human rights and child rights standards shall be 
resorted to and encouraged. The child’s and hisher family’s active participation in efforts 
towards confli.ct-resolution shall be optimized. The family shall be held answerable as well as 
exercise care and supervision over the person of the child. 
SEC. 44. 
Termination ofCuse - If the competent authorities determine that the child 
did not commit the offense charged, the case shall be terminated and a decision to that effect 
shall be written and explained to both parties. 
SEC. 45. 
Confession or Admission of Offense - If the child voluntarily admits or 
confesses to the commission of the offense charged, the competent authorities shall decide on the 
diversion programs to be undertaken by the child. Any admission or confession of the child shall 
be signed by the child and countersigned by the parents, legal guardian and/or local social 
welfare and development officer, the nearest relative, a member of child-focused group, or 
BCPC member. They shall see to it that the confession of the child is voluntarily executed. 
If the child does not admit or confess to the commission of the offense and the weight of 
the evidence presented shows that the child conclusively committed the offense, the competent 


authorities shall endeavor to make the child realize his responsibility and obligation arising from 
the commission of the offense as well as the imposable penalties. 
During any stage of the diversion proceedings, any admission or confession of a child for 
an offense shall be inadmissible in evidence against the child in any proceeding should the 
diversion proceedings fail. 
SEC. 46. 
Prohibition Against Labeling - In the conduct of the proceedings 
beginning from the initial contact with the chld, the competent authorities must refrain from 
branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to 
them in any manner any other derogatory names. Likewise, no discriminatory remarks and 
practices shall be allowed particularly with respect to the child‘s class or ethnic origins. The 
officer violating this provision shall be held administratively liable. 
SEC. 46.A. 
Prohibited Acts. -Any and all acts and practices which are prejudicial and 
detnmental to the psychological, emotional, social, spiritual, moral and physical health and well- 
being of the child shall be prohibited. 
Any violations shall be penalized with prison mayor andor a fine of not less than Five 
thousand Pesos (P5,OOO 00) but not 
re than Twenty thousand Pesos (P20,OOO.OO). 
B. DIVERSION PROGRAMS 
SEC. 47. 
Diversion Programs; when proper. - Where the parties andor the 
competent authorities decide that the child must undergo a diversion program, such a continuing 
program for the rehabilitation and reintegration of the child shall be formulated with the 
cooperation of the complainant and the child. 
SEC. 48. 
Factors in Determining Diversion Program - In determining whether 
diversion is appropriate and desirable, the following factors shall be taken into consideration: 
a) The nature and circumstances of the offense charged; 
b) The frequency and the severity of its occurrence; 
c) The character and reputation of the child, 
d) The circumstances of the accused child (e.g. age, maturity, intelligence, etc.); 
e) The influence of the family and environment on the growth of child; 
f) The emotional relief of the vlctim; 
g) The weight of the evidence against the child; and 
h) The safety of the community. 
SEC. 49. 
Criteria for Formulating Diversion Programs - In formulatmg a diversion 
programs, the individual characteristics and the peculiar circumstances of the child shall be used 
to formulate an individualized treatment. 
The following factors shall be considered in 
formulating a diversion program for the child: 
a) The child’s feelings of remorse for the offense he or she committed; 
b) The parent’s or legal guardians’ ability to guide and supervise the child; 
c) The victim’s views about the propriety of the measures to be imposed; and 


d) The availability of community based programs for rehabilitation and reintegration of 
the child. 
SEC. 50. 
Diversion Progrums - The diversion program shall include adequate 
socio-cultural and psychological responses and services for the child. Diversion programs can 
include, but are not limited to, the following: 
a) written or oral reprimand or citation; 
b) restitution of property; 
c) reparation of the damage caused; 
d) indemnification of consequential damages; 
e) confiscation and forfeiture of the proceeds or instruments of the crime; 
f )  fine; 
g) payment of cost of the proceedings; 
h) written or oral apology; 
i) guidance and supervision orders; 
j) counseling for the child and the family; 
k) trainings, seminars, lectures on: (1) anger management skills; (2) problem solving 
and/or conflict resolution skills; (3) values formation; and (4) other skills which will 
aid the child to deal with situations which can lead to repetition of the offense; 
1) community based programs available in the community; and 
m) institutional care and custody. 
SEC. 51. 
Criteria of Community Bused Programs - Every city and municipality 
shall establish programs, through the local government unit, that will focus on the rehabilitation 
and re-integration of the child. All programs shall meet the following criteria to be established 
by OJJDP. 
SEC. 52. 
Community Bused Programs - Community based programs shall consist 
of, but shall not be limited to, the following: 
a. Community service; and 
b. Membership in civic and/or religious organizations. 
SEC. 53. 
Conditionsfor Diversion Program - In all cases where a child is required 
to undergo a diversion program, the following conditions shall be mandatory: 
a. A contract of diversion shall be signed by the authority concerned and the 
child containing the diversion programs to be undergone by the child; 
b. The child shall present himself or herself to the competent that imposed the 
diversion program at least once a month for reporting and evaluation of the 
effectiveness of the program; 
c. The child shall cooperate and faithfully comply with the conditions in the 
contract; 
d. Competent authorities and /or the local social welfare and development officer 
shall visit the child’s home for surprise visits; 
e. The child and other parties concerned shall satisfy other conditions related to 
the diversion program as long as such conditions are not contrary to law, 
morals and good customs. 


C. KATARUNGANG PAMBARANGAY PROCEEDINGS 
SEC. 54. 
Applicability - The Katarungang Pambarangay Law is hereby adopted and 
shall apply as part of the diversion process of the administration of juvenile justice. Further, 
these proceedings will apply even if both parties actually reside or are in barangays of different 
cities or municipalities. 
SEC. 55. 
Jurrsdrctron - The Katarungang Pambarangay shall have jurisdiction over 
offenses punishable by imprisonment not exceeding one (1) year or a fine not exceeding Five 
thousand Pesos (P5,OOO.OO). 
SEC. 56. 
Determznutron ofpenalty - In determining the penalty of the offense for 
purposes of determining the jurisdiction of the barangay conciliation, the privileged mitigating 
circumstances of minority shall be applied as provided in Sec. 68 of the revised Penal Code. In 
such a case, after having applied the mitigating circumstance of the minority and the minimum 
penalty is imprisonment of less than one (1) year, the criminal case shall fall under the 
jurisdiction of Kaiarungang Pambarangay. 
SEC. 57. 
Trurnrngs of the Lupong Tugupumuyup - In addition to the requirement 
provided in Sec. 399 of the LGC, the members constituting the Lupon shall be provided with 
regular training by the LGU concerned, in cooperation with the local social welfare and 
development officer and NGOs specializing on child protection. 
SEC. 58. 
resides. 
Venue - (a) All disputes shall be brought in the barangay where child 
(b) Where the child’s residence cannot be ascertained as in the case of the homeless, abandoned 
or streetchlldren, or where the child’s residence is in another place and it is not practicable for 
offended party io settle the dispute in the said child’s residence, the case shall be brought to the 
barangay where the child is generally h o r n  by people or where he or she normally frequents or 
to the barangay where the offense was committed at the instance of the offended party taking 
into consideration the best interests of the child in all circumstances. 
SEC. 59. 
Assrstance of Chrld by Parents9 etc. - Aside from the requirement under 
Sec. 87 that all proceedings should be in the presence of the person’s enumerated therein, any 
agreement resulting in the Barangay Conciliation shall also be signed by the child with the 
assistance of the said persons. Otherwise, such documents shall be null and void. 
SEC. 60. 
Referral to Diversron Progruins - In the process of conciliation, the Lupon 
or the Pangkat as the case may be shall encourage the inclusion of community service program 
or other forms of diversion in the settlement. 
SEC. 61. 
Arbitrutron; @‘hen proper - In all cases where the parties cannot reach an 
amicable settlement through mediation and conciliation proceedings, the Lupong Tagapamayapa 
shall motuproprro have the authority to go through arbitration proceedings. 
D. CHILD AND YOUTH RELATIONS UNIT 
SEC. 62. 
Designation of Oficer or Unit to Handle Cases Involving Children rn 
Conflict with the Law - The Philippine National Police shall designate a Child and Youth 
Relations Officer or Unit (CYRO OR CYRU) to handle cases involving children in conflict with 
the law. 
SEC. 63. 
Procedure Before the CYRU - Cases involving children in conflict with 
the law shall be referred to the CYRU who shall conduct an initial inquiry in accordance with 
Sec. 36. 


SEC. 64. 
Duty of the CYRU - After the initial inquiry, if the c l l d  is found to be 
twelve (12) years old and above and the offense does not fall under the Katanmgang 
Pambarangay as provided under Sec. 54, the CYRU or the CYRO shall conduct further 
investigation of the child pursuant to the preceding Sections 
SEC. 65. 
Manner of Investigation of a Child in Conflict with the Law - A child shall 
only be investigated or his statement secured in the presence of his parentdguardian, the nearest 
relative, member of cluld-focused group, religious group, BCPC member of the local social 
welfare and development officer and hisiher counsel. In their presence, the child shall be 
informed of hisher constitutional rights to remain silent and to competent and independent 
counsel of his own choice, if hehhe does not have one yet, in a language that is clearly 
understood by the child, the parents or guardian. 
If the child cannot be represented by counsel of his own choice, the CYRU or the CYRO 
shall contact a member of the Public Defenders for Children, as provided in Chapter TI (F), to 
assist the child. Any confessions and admissions in violation of these rights are inadmissible as 
evidence against the child. In no case should deceit, false promises, intimidation or harassment 
be employed against the child Respect far the human rights of the child shall be of paramount 
consideration during the custodial investigation. 
SEC. 66. 
subject of the Investigation of Child in ConJict with the Law - The police 
should investigate the facts of the offense thoroughly to include the following: 
a. Facts of the offense, including all details necessary to sustain a petition in court; 
b. Record of any police action; 
c. Record of any previous court or social agency action; 
d. Attitude of the child, hisiher parents, and the complainant toward the act; and, 
e. Adjustment of the child in the home, school and community. 
SEC. 67. 
Diversion; When proper - After investigation, if the imposable penalty for 
the offense is less than two (2) years imprisonment, CYRU/CYRO in consultation with the child, 
hidher parents or guardians and the local social welfare and development officer shall adopt the 
appropriate diversion program pursuant to Sec. 46 to 52. 
In cases when a child has no parent or legal guardian, the nearest relative, a member of a 
child focused group, a religious group or the BCPC, shall act as his legal guardian. If found to 
be neglected, abandoned and abused, aside from the above dispositions, the DSWD shall file a 
petition for involuntary commitment under P.D 603. 
SEC. 68. 
Duty of the CYRU When there is no Diversion - Where the offense does ' 
not fall under the preceding paragraph or if the cluld, his parents or guardians do not consent to a 
diversion, the CYRU shall forward the records of the case of the child under custody to the 
prosecutor or judge concerned for the conduct of inquest andor preliminary investigation to 
determine whether or not the child should remain under custody and correspondingly charged in 
court. The document transmitting said records shall display the word child in bold letters 
E. SPECIAL PROSECUTOR'S OFFICE 


SEC. 69. 
Duty of the Prosecutor’s O f J e  - Any case involving a child in conflict 
with the law before the Prosecutor’s Office shall be referred to the special prosecutor/task force 
for children in conflict with the law. 
SEC. 70. 
Diversion From Formal Trial, When proper - The special prosecutor shall 
conduct a preliminary investigation taking into consideration the circumstance of the child 
alleged to have committed an offense. 
In the proceedings, he shall insure that the legal rights of the child are protected, such as 
the right to counsel. If the evidence warrants the filing of the charges, the special prosecutor 
pursuant to the principle of the minimum intervention shall be diverted subject to the following 
conditions: 
a. The child voluntarily admits the commission of the offense; 
b. The child freely consented to such diversion; and, 
c. The imposable penalty for the offense does not exceed four (4) years imprisonment. 
SEC. 71. 
Alternative to Formal Court Process - Where diversion IS proper, the 
prosecutor shall in consultation with the child, his or her parents of guardians, the offended party 
and the SSCD, determine the type of diversion programs the child shall be subjected to within 
sixty (60) days from the date of referral. 
SEC. 72. 
Filing of Complaint or Information - Where conditions under Sec. 75 for 
diversion is not present, the corresponding criminal complainthnformation shall be filed against 
the child before the Family Court within sixty (60) days from the start of the preliminary 
investigation. 
SEC. 73. 
Application for Warrant of Arrest; Bail - In applying for a warrant of 
arrest, the Special Prosecutor shall always recommend bail and specify the amount taking into 
consideration the rules on bail. This shall apply in all cases even if the offense is classified as 
non-bailable. 
SEC. 74. 
Release on Recognrzance. - Where a child is detained, the court may, in 
its discretion and taking into consideration the peculiar circumstances of the child and upon the 
recommendation of the Special prosecutor, DSWD, local social welfare and development officer 
of SSCD, release the child alleged to have committed an offense on recognizance to the custody 
of his parents or other suitable person who shall be responsible for his appearance whenever 
required by the court. 
F. PUBLIC DEFENDERS FOR CHILDREN 
SEC. 75. 
Public Defenders for Children - In all cases where a child cannot be 
represented by competent and independent counsel of his or her own choice, a representative of 
the Public Defenders for Children shall represent the child during all stages of the proceedings. 
SEC. 76. 
Duties of counsel for the Child - The representative from tde Public 
Defenders for Children shall see to it that the rights of the child are respected and protected 
Counsel shall, in all cases where it is allowed by law, insist that diversion proceedings be 
undertaken whenever a child is accused of or alleged or recognized as having committed an 
offense. In all cases where such rights are violated, counsel shall file a complaint before the 
Offce of the Ombudsman for Children for the conduct of investigators. 
CHAPTER LU 
COURT PROCEEDINGS 


SEC. 77. 
Duty of the Social Services and Counseling Division. - Once the case of a 
juvenile offender is referred to the Family Court, the SSCD shall provide appropriate social 
services to the child and recommend the proper social action as mandated by the Family Courts. 
Act. 
SEC. 78. 
Settlement and Plea Bargaining - The Court shall explore possibilities of 
settlement and plea-bargaining as a law diversion measures. 
SEC. 79. 
Procedure before the Family Court - A system of adjudication for 
juvenile offenders which takes into account their peculiar circumstances shall be implemented by 
Family Courts pursuant to the Family Courts Act. 
SEC. 80. 
Suspended Sentence Automatic - Pursuant to the Family Court Act, once 
the child is found guilty of the offense charged, the court shall promulgate sentence and ascertain 
any civil liability which the accused may have incurred. However, the sentence shall be 
suspended without need of application. 
SEC. 81. 
Various Disposition Measures - Upon suspension of sentence and after 
considering the various circumstances of the child, the court shall impose, among others, any or a 
combination of the following disposition measures: 
a. Care, guidance and supervision orders; 
b. Probation; 
c. Community service orders; 
d. Financial penalties, compensation and restitution; 
e. Intermediate treatment and other treatment orders; 
f Orders to participate in group counseling and similar activities; 
g. Orders for living communities or Open centers; or, 
h. Commitment order to youth Rehabilitation Center. 
The SSCD shall monitor the compliance wth any of the above disposition measures 
SEC. 82. 
Discharge ofchild in Confzct wzth the Law - Upon recommendation of a 
duly authorized officer, an appropriate center of the duly accredited child caring agency which 
has custody over the child and the SSCD, the court shall dismiss the case against the child who 
has been issued disposition measures and order the final discharge of the child if it finds that 
helshe has behaved properly and has displayed the capability to be useful member of the 
community. 
SEC. 83. 
Return of Child m Confzct With the Law to Court - If the court finds that 
the child has not behaved properly, or has not shown the capability of becoming a useful member 
of society, or has willfUlly failed to comply with the conditions of his disposition or 
rehabilitation program, or should hisher continued stay in the training institution where he/she 
has been assigned be found inadvisable, hehhe shall be brought before the court for the 
pronouncement of judgment of conviction. 
If said child in conflict with the law has reached the age of eighteen (1 8) years while in 
commitment, the court shall determine whether to dismiss the case in accordance with Sec. 81 of 


ths Act to pronounce judgment of conviction or to extend the suspended sentence specifying the 
period thereof. 
SEC. 84. 
Credit in Service of Sentence - The child in conflict with the law shall be 
credited in the service of hisker sentence with the full time spent in actual commitment and 
detention effected under this Act. 
SEC. 85. 
Efect of Discharge of Child in Conflict with the Law - The discharge of a 
child under Sec. 81 of this Act shall obliterate h s  civil liability for damages. 
CHAPTER JY 
ASSISTANCE OF PARENTS, COUNSEL, 
CUSTODY, AND CONFIDENTIALITY 
SEC. 86. 
Assistance of Parents, Guardian andor Social Worker - In all &version 
and court proceedings, the participation of the parents, of not inimical to the interest of the child, 
or legal guardian and the local social welfare and development officer shall be mandatory. 
SEC. 87. 
. Right of the Child to Counsel. - During custodial investigation, the child 
shall have the right to be represented by counsel. The arresting officer, prosecutor or judge shall 
ensure that the child is effectively represented by counsel before proceeding with any 
investigation or trial. Any confession or admission made by a child in any proceeding without 
the assistance of counsel shall be null and void. 
SEC. 88. 
Custody and Supervision - No child from initial contact until the case is 
filed in the Family Court shall be removed from parental supervision, whether partly of entirely, 
unless the circumstances of his or her case make protective custody necessary. The competent 
authorities conducting diversion proceedings shall immediately commit the child to the custody 
of the parents or legal guardian who shall be responsible for the presence of the child during the 
diversion proceedings. In the absence of the parents or legal guardian, the child shall 'be 
committed to the care of the nearest relative, BCPC member or the local social welfare and 
development officer. If necessary, the local social welfare office in coordination with DSWD 
may refer the child to the appropriate child-caring institution. 
SEC.89. 
ConJidentialitj of 
Proceedings and Records. 
- All records and 
proceedings involving children from initial contact until final disposition of the case by the 
Family Court shall be confidential. The public may be excluded during the proceedings and the 
records shall not be disclosed directly or indirectly to anyone by any of the parties or the 
participants in the proceedings. 
The competent authorities shall undertake all measures, 
including non-disclosure of records to the media, maintaining a separate police blotter for cases 
involving children and adopting a system of coding to conceal material information which lead 
to the child's identity. Records of children in conflict with the law shall not be used in 
subsequent proceedings cases involving the same offender as an adult. 
PART JY. 
DETENTION AND REINTEGRATION 
SEC. 90. 
Objective of Institutional Treatment - The objective of training and 
treatment of juveniles placed in institutions is to provide care, protection, education and 
vocational skills, with a view to assisting them to assume socially constructive and productive 
roles in society. 
SEC. 91. 
Commitment Order Required - No child shall be received in nay detention 
facility without a valid commitment order of a judicial, administrative or other public authority. 
The details of this order shall be immediately entered in the register. No child shall be detained 
in any facility where there is no such register. 


SEC. 92. 
Separate Detention Facilities From Adults - In all detention facilities, 
children shall be separated from adults. They shall in no case be allowed to socialize with adult 
detainees, unless it is a part of a special progam that has been shown to be Ueneficial to the 
children concerned. 
SEC. 93. 
Female Offenders - Female children in conflict with the law placed in an 
institution deserve special attention as to their personal needs and problems. They shall by no 
means receive less care, protection, assistance, treatment and training than male children in 
conflict with the law. Their fair treatment shall be ensured. They shall be handled exclusively 
by female doctors and social ,workers. 
SEC. 94. 
Detention of the Child Pending Triul - Whenever possible, detention 
pending trial shall be replaced by alternative measures, such as close supervision, intensive care 
or placement with a family or in an education setting or home. 
Institutionalization or detention of the child pending trial shall be used only as a measure 
of last resort and for the shortest possible period oftime. 
Whenever detention is necessary, a child shall always be detained in the youth home 
established by local governments, pursuant to Sec. 8 of the Family Courts Act, in the city or 
municipality where the child resides. 
SEC. 95. 
Establishment of Detention Home by Private Organizations - Detention 
homes may also be established by private and non-government organizations. 
SEC. 96. 
Care and Maintenance of Child in Conflict with the Law - The parents or 
other persons liable to support the child shall pay the expenses for the care and maintenance of 
the child under institutional care. The disposition measure shall include the proportion of 
support if the parents or those liable to support the child shall not be capable of paying the whole 
amount. The rest shall be paid by the institution maintaining such a facility. 
SEC. 97. 
Detention for Convicted Juveniles - In lieu of confinement in a regular 
penal institution, a child in conflict with the law may be made to serve his sentence in an 
agricultural camp that may be established, maintained, supervised and controlled by the Bureau 
of Corrections. 
SEC. 98. 
Duties of detention personnel - In the pertormance of their duties, 
personnel of detention facilities shall respect and protect the human dignity and fundamental 
human rights of all children under their care. 
PART V 
PROVISIONS 
SEC. 99. 
Status Offenses - Any conduct not considered an offense or not penalized 
of Committed by an adult should not be considered an offense and not penalized if committed, by 
child. No laws and ordinances shall be passed in violation of this provision. 
SEC. 100. 
Oflenses not applicable to children - Persons below eighteen (1 8) years of 
age shall be exempt from prosecution in the offenses of vagrancy and prostitution under Sec. 202 
of the Revised Penal Code, and mendicancy under P.D. 1563 being inconsistent with the rights 
of the child against abuse. 
SEC. 101. 
Liability of OBcers - Any official who fails to do hidher duty in 
accordance with this Act shall be administratively and criminally liable in accordance with 
existing civil service laws, rules and regulations. 


SEC. 102. 
Budget for Prevention Programs - Ten percent (10%) of the budget of the 
local government units (LGUs) shall be allocated for juvenile delinquency prevention programs 
as may be formulated and implemented in the local government unit. 
SEC. 103. 
Appropriations - The amount necessary for the implementation of this 
Act shall be included in the General Appropriations Act of the year following its enactment into 
law and thereafter. An initial amount of Ten Million Pesos (PlO,OOO,OOO.OO) for the purpose of 
setting up the OJJDP shall be taken from the proceeds of the Lotto. 
PART VI 
TRANSITORY PROVISIONS 
SEC. 104. 
Children in Conflict with the Law Below Twelve (12) - Upon effectivity of 
this Act, cases of children below twelve (12) years old at the time of the commission of the crime 
shall immediately be dismissed and the child shall be released to the custody DSWD. The 
DSWD upon thorough assessment of the child, shall determine whether to release him or her to 
the custody of his or her parents, or refer him or her to prevention programs as provided under 
this Act. 
Those with suspended sentences and. undergoing rehabilitation at the youth 
rehabilitation center shall likewise be released unless it is contrary to the best interest of the 
child. 
SEC. 105. 
Children Detained Pending Trial - 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 alternative for detention. If detention is necessary and he is detained with 
adults, hehhe shall immediately order the transfer of the child to the youth detention home. 
SEC. 106. 
Children Who Reach the Age of Eighteen (18) Pending Diversion and 
Court Proceedings - If a child reaches the age of eighteen (18) pending diversion and court 
proceedings, the appropriate diversion authority in consultation with LSWDP or the Family 
Court in consultation with the SSCD, as the case may be, shall determine the appropriate 
diversioddisposition measure. The Family Court shall specify the period during which the child 
shall enjoy a suspended sentence or may opt to impose the sentence taking into consideration the 
minority of the child as a mitigating circumstance. In this case, the child may apply for 
probation. 
SEC. 107. 
Promulgation ofImplementing Rules and Regulations. - The Department 
of Justice and Department of Social Welfare and Development shall formulate the implementing 
rules and regulations of this Act in coordination with the Supreme Court, the Department of the 
Interior and Local Government, Philippine National Police, Public Attorney’s Office, Council for 
the Welfare of Children, Bureau of Jail Management and Penology, National Bureau of 
Investigation, National Youth Commission, Commission on Human Rights, and child-focused 
NGOs. 
The implementing rules and regulations shall be issued within one year from the 
effectivity of this Act. 
SEC. 108. 
Repealing Clause. - 
All existing laws, orders, decrees, rules and 
reguIations or issuances inconsistent with the provisions of this Act are hereby amended or 
repealed accordingly. 
SEC. 109. Eflectivity. - This Act shall take effect after fifteen (15) days from its 
publication in at least two (2) national newspapers of general circulation, 
Approved,