The State recognizes the vital role of children and youth in nation 
building and shall promote and protect their physical, moral spiritual, 
intellectual and social well-being. The said mandate of the State which is 
supposedly accorded with transcendental importance has become 
illusory by want of established institution to carry out said noble 
intentiifi of the ?%ate. 
The saddening escalation of crime rate in the country involving 
children is not a question of facts, in the daily news we are confronted 
with shocking reality where minor are caught red handed committing 
crimes of high degree and not being remorseful for what they have done. 
This actuation of the minor who seems not to be bothered by the enalty 
may be a clear manifestation that they are not aware of the p ssible 
consequences of their act,s, this is explainable because ,a human .being, 
in his tender age, cannot be expected to assimilate the intricacie I 
of life 
in the society. Hence, they should not be placed in equal footing with the 
men of right age, who commit crimes without a tinge of guilt and with the 
highest form of depravity. 
Unfortunately, that is not the case, the downtrodden plight of 
these children, which should be alleviated and resolved with, is even 
exacerbated by incarcerating them in the same cell where the hardened 
convicts are situated. The mandate of the State to place the erring 
children in a reformatory is defeated by their evident incarceration, 


because in that cell, they are not being reformed but being hardened 
through the influence of the hardened convicts. This reality seems to 
escape the highest priority of the government, while the minor continue 
to languish in jail and shatter their future, we seem also to have 
forgotten the State’s mandate of affording highest priority to the c ildren 
being the future leaders of our country. 
I: 
While we have the Child and Welfare Code (PD 603, as amended), 
the same is a failure in terms of delivering the noble intention of the 
State to reform the erring minor, upon careful cursory of said law, it 
reveals that the law is ambiguous as far as implementation and 
reformatory procedures are concerned. This explains the reasons why 
some minor are suffering in jail while others are in the custody of DSWD, 
there is an eminent loopholes in the law that need to be addressed with. 
Hence, to uphold to the noble vision of the State to afford proper 
care and protection to the children from the evils of society, and by giving 
the erring children the right reformatory institution to address their 
problem, the immediate passage of this b$ is earnestly sought. 
_. . 


1. 
Q - This Act shall be known as "The 
Juvenile Justice and Delinquency Prevention Act of 2004". It shall cover 
the different stages involving children in conflict with the law from 
preventton to re6gbilitation and reintegration. 
- The State recognizes the 
vital role of children and 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 civic affairs. 


The right of children to assistance, including proper care and nutrition, 
and special protection from all forms of neglect, abuse, cruelty and 
exploitation, and other conditions prejudicial to their development. 
PurFuant to f h l e  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 his/her reintegration. 
Whenever appropriate and desirable, the state shall adopt measures f r dealing 
with such children without resorting to judicial proceedings, provi ing that 
human rights and legal safeguards are fully respected. It shall ensure that 
children are dealt with in a manner appropriate to their well-being by providing 
for, among others, a variety of disposition such as care, guidance and 
supervision orders, counseling, probation, foster care, educational and 
vocational training programs and other alternatives to institutional care. 
i 
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. 


e law 
- 
shall refer to a person below 
eighteen (18) years of age who is alleged as, accused of, or adjudged 
as having cornmitted an offense under Philippine law. 
se - shall refer to any act or omission punishable by law. 
nse 
- 
shall refer to an offense punishable by 
imprisonment of more than six (6) years after considering the 
privileged mitigating circumstance of minority. 
- ~- 
. 
- ~ .  
e) 
~ ~ ~ e ~ t y  
- 
shall refer to any form of detention or 
imprisonment or the placement of a person in public or private 
custodial setting, from which the person is not permitted to leave at 
will, by order of any judicial, administrative, authority. 
es - shall refer to an institution th 
and rehabilitates children in conflict with the law. 
e
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t
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s
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Center - shall refer to the moment when the 
child is arrested or detained. 
~~~~~~y - shall refer to the moment when the child is 
arrested or detained 
etentisn - shall refer to the effective limitation of the liberty of 
movement, 
j) Juvenile Justice ystem - shall mean proceedings starting from 
being taken into custody, including diversion proceedings, 
court 
proceeding after the filing of the proper information until the 
disposition of the case, rehabilitation, reintegration, until the 
termination. of after-care services 
~~~~s~~~ - shall refer to an alternative child-appropriate process of 
- 
.- . 
_--. 
determining a child's responsibility as well as in determining the 
measures to be undertaken by the child in conflict with the law. 


1 
‘
I
 
ram 
- 
shall refer to programs that the child is 
required to undergo after he/she is found responsible for an offense 
without resorting to formal court litigation. 
rograms - shall refer to the programs provided 
in a community setting developed for the purpose of delinquency 
prevention, rehabilitation and preparation of the child for re- 
integration into his/ her family and/ or the community. 
n) Initial c
~
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a
c
~
 
wit 
- shall refer to the moment the child 
comes intg .- contact with the juvenile justice system when he/she is 
taken into the custody by any law enforcement officer. 
-e - 
ustice - This Act shall dopt the 
framework of restorative justice which aims at rehabilitating 
e child, 
providing restitution in favor of the victim and fostering pea r: 
e in the 
community. 
This framework shall promote accountability, competency 
development and conimunity safety. 
e
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The State adopts the following 
fundamental principles: 
1, Juvenile justice and delinquency prevention are essential aspects of 
the promotion of child welfare. 
2. Formal agencies of social control should only be utilized as a means of 
last resort. The arrest, detention or imprisonment of a child shall be 
in conformity with the law and shall be used only as a measure of last 
resort and for the shortest appropriate period of time. The disposition 
.-. 
taken 
. 
by:ihe 
competent authority on children in conflict with the law 


shall always be in proportion not only to the circumstarces and the 
needs of the child as well as the needs of society. 
3. Children detained in facilities shall be guaranteed the benefit of 
meaningful activities and programs which would serve to promote and 
sustain their health and self-respect, to foster their sense of 
responsibility and encourage those attitudes and skills that will assist 
them in developing their potential as members of society. 
4. Children deprived of personal liberty shall not for any reason related 
to their status be denied the civil, political, social, economic and 
cultural rights to which they are entitled under national or 
international law. 
~5.-The care-of -children~ 
in conflict with the law and the preparation for 
their return to society are social services of great importance. 
' Appropriate agencies and community organizations shall constantly 
seek to increase the awareness of the public towards these ends. 
6. Community-based services and programs shall be developed and 
d 
.. . 
. 
implemented for the prevention of juvenile delinquency. 
7. The privacy of children in conflict with the law and the co fidentiality 
of proceedings involving them shall be respected at all ti es. Media 
reports shall be factual, objective and non-judgmental. 
8. No child shall be unlawfully or arbitrarily deprived of his/her liberty. 
9. NO child shall be subjected to harsh or degrading treatment or 
punishment at home, school or any other institution. 
10.Neither capital punishment nor life imprisonment without possibility 
of parole or release shall be imposed for any crime committed by 
children. 
--. . 


The State further adopts the provisions of the United Nations tandard 
Minimum Rules for the Administration of Juvenile Justice or "Beijin .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. 
I 
inial 
ility - A child twelve 
(12) years of age or under at the time of the commission of the offense shall be 
exempt from criminal liability. 
However, he/she shall be subjected to a 
dehquency prevention program pursuant to Section 19 and 20 of this Act. 
A child above twelve (12) years but below fifteen (15) years of age shall 
likewise be exempt from criminal liability and he/she shall be subjected to a 
delinquency prevention program pursuant to Sec. 19 and 20 of this Act, 
unless he/she has acted with discernment, in which case, such child shall be 
proceeded against in accordance with this Act. 
- .- . 
ThFexemption from criminal liability herein established does not include 
exemption from civil liability, which shall be enforced in accordance with 
existing law. 
e - The child's age may be determined 
from the child's birth certificate, baptismal certificate or any other document 
such as affidavits. In the absence of these documents, age may b based on 
information such as affidavits. In the absence of these documents, ge may be 
based on information from the child himself, testimonies of other person, the 
physical appearance of the child and other relevant evidence, including medical 
and dental records. In case of doubt as to the age of the child, it shall be 
resolved in his/her favor. 
4 
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, 


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, 
after notice, decide the case within twenty-four (24) hours from its r ceipt of 
the appropriate pleadings of all interested parties. 
- 
Every child alleg d as or 
accused of having infringed the penal law shall have the rights as provided 
under existing laws and rules. 
I 
- An office of Juvenile Justice and Delinquency Prevention is hereby 
created and established under the Department of Justice headed by an 
Administrator, who shall be appointed by the President, upon the 
recommendation of the Secretary of Justice, to oversee the implementation of 
this Act and ensure coordination among the following agencies: 
1. Council for the Welfare of Children (CWC); 
2. Department of Justice (DOJ); 
3. Department of Social Welfare and Development (DSWD); 
4. Department of Education, Culture and Sports (DECS); 
5. Department of the Interior and Local Government (DILG); 
6. Philippine National Police (PNP); 
7. Bureau of Jail Management and Penology (BJMP); 
8. Commission on Human Rights (CHRJ; 
9. Technical Education and Skills Development Authority (TESDA); 
10. 
11. 
- 
.- 
- 
National Youth Commission (NYC); and 
Other institutions focused on juvenile justice and delinquency 
prevention. 


It s b l l  be created within one year from the effectiviw of this Act. The 
Secretary of Justice shall determine the organizational structure and staffing 
pattern of the Office. 
- The OJJDP shall 
have the following duties and functions. 
2. To advise the President through the Secretary of Justi 
matters and policies relating to juvenile justice and 
1. To oversee and supervise the implementation of this Act; 
prevention; 
3. To assist a.gencies concerned with the administration of juvenile 
justice in the development of regulations in accordance with policies 
and provisions of this Act; 
4. To conduct and support evaluations and studies of the performance 
and results achieved by delinquency prevention programs and 
activities of the local government units and other government 
agencies, and of the prospective performance and results that might 
be achieved by alternate programs and activities supplementary to or 
in lieu of those currently being administrated; 
5. To coordinate the implementation of the national juvenile delinquency 
,programs- and activities by national government agencies and other 
activities which may have an important bearing on the success of the 
entire juvenile delinquency effort; 
6. To periodically develop a comprehensive three to five year plan for 
juvenile justice, with the participation of government agencies 
concerned, NGOs and youth organizations; 
7. To collect relevant information and conduct a continuing research in 
relation to juvenile justice, analyze the data gathered fo use in the 
improvement of the administration of juvenile justice and set up a 
1.. 
. 
. 


mechanism to ensure that children themselves are involved in 
research and policy development; 
8. To review and appraise periodically the trends, problems and causes 
of- juvenile3elinquency and crime as well as the varying particular 
needs of juveniles in custody; 
9. To formulate and recommend policies and strategies in consultation 
with children themselves for the prevention of juvenile delinquency as 
well as treatment and rehabilitation of children in conflict with the 
law; 
10.To conduct inspections, through duly designated perso s, on a 
regular basis in detention, and rehabilitation facilities, and to 
undertake spot inspection on their own initiative; 
I/I.. . 
. 
11 .To conduct trainings for the personnel of the agencies involved in the 
administration of the juvenile justice system and delinquency 
prevention; 
12. To publish an annual report on the implementation of this Act; 
13. To perform such other functions as may be necessary to implement 
the provisions of this Act. 
e) - 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. 
--. 
ily - The family shall be responsible for the primary 
nurturing and rearing of children which is important in delinquency 
prevention, 
I 
I.. 


together with families, community organizations and agencies in the prevention 
of juvenile delinquency and in the rehabilitation and reintegration of children 
in conflict with the law. 
SEC. 14. The 
ass 
ia - The mass media shall play an 
active role in the proniotion of child rights, delinquency prevention, and others 
by relaying consistent messages through a balanced approach. 
i 
. 
- -  
f Local ~
o
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s
for t 
- 
Local Councils for the Protection of Children 
(LCPCs) shall be established in all levels of local government and strengthened, 
where they have already been established, within one (I) year from effectivity of 
this Act. 
The membership of these local councils shall be taken from re ponsible 
members of the community, including a representative of the youth, a 
representative of the local government unit concerned, and a representative 
from a non-government organization (NOG) or private agency concerned with 
the welfare of children. 
I 
These councils shall coordinate with the assist the local government unit 
concerned in adopting a comprehensive plan on delinquency prevention and be 
the primary agency to oversee its implementation. 
SEC. 16. A 
t sf Local 
Mcer - All local government units shall designate a social worker as social 
welfare and development officers primarily tasked to assist children in conflict 
with the law. 
1. 
- 
The Sangguniang 
Kabataan shall coordinate with the LCPCs in the formulation and 
implementation of delinquency prevention and diversion programs in the 
community. 
c 
-- 
- 


c 
ent of corn 
lam - 
Conlprehensive juvenile delinquency prevention plans 
covering at least a three-year period shall be instituted in local government 
units from the burangay to the provincial level. 
The local government units shall set aside an amount necessary to 
implement their respective juvenile delinquency programs in their annual 
budget. 
- 
.- . 
-+ 
~ 
The local government unit, in coordination with the local council for the 
protection of children, shall call on all sectors concerned, particularly the child 
focused institutions, non-government organizations, people's organization, 
educational institutions and government agencies involved in d linquency 
prevention to participate in the planning process and impleme tation of 
programs related to delinquency prevention. . Such delinquency 
revention 
plans and programs shall be implemented consistent with the national 
program formulated and designed by the OJJDP. 
_i 
The implementation of 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. Result of the 
assessment shall be submitted to the OJJDP every March 30 of the year, 
SEC. 19. Co 
Community-based programs on delinquency prevention shall be instituted by 
the local government units through the local councils for the protection of 
children, schools, youth organization and other concerned agencies. These 
local government units shall provide community-based services which respond 
to the special need.s, problems, interest and concerns of young persons and 
- 
.- . 
- -  


\
:
a
 
1
"
 
which offer appropriate counseling and guidance to them and their families. 
These programs shall consist of three levels. 
~
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e
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- includes general measures to promote social 
justice and equal opportunity, which tackles perceived root causes of 
offending. 
b) ~
e
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~~~e~~~~~ - includes measures to assist children at 
risk. 
c) Tertiary ~
r
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- 
include measures to avoid unnecessary 
contact with the formal justice system and other measures to prevent 
reoffending. 
has been determined that the arrested child is twelve (12) years old or below, 
the authority having initial contact with the child has the duty to immediately 
release the child to the custody of his/her parents or guardian 
absence of the two, the child's nearest relative, giving notice to the 1 
welfare and development officer who will determine the appropriate \programs 
in consultation with the child and the person having custody over the child. If 
the parents, guardians or nearest relatives cannot be located, the child shall 
be turned over to the DSWD or local social welfare and development officer. 
If the child referred to in Section 25 hereof has been found to be 
abandoned, neglected and abused by his parents, or in 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. 
- . 


aking e 
hili into 
~~~~~~~ 
- 
rom the 
moment a child is taken into custody by the law enforcement officer he/she 
shall: 
I 
1. Inform the child of his/her offense in a language understood by 
him/ her; 
2. Properly identify himself/herself to the child; 
3. Not employ force or sexual advances during such proceedings; 
4, Not use vulgar or profane words; 
5. Not use handcuffs or other instrument of restraint unless absolutely 
necessary; 
6. Notify the 
parents/guardians and local 
social 
welfare 
and 
development officer within eight (8) hours from the time of arrest. The 
local social welfare development officer shall explain to the child and 
his/her parents/guardians the consequences of the act with a view 
towards counseling and rehabilitation, diversion from the criminal 
justice system, and reparation, if appropriate. 
- 
.- 
- 
7 .  Take and child immediately after arrest to the proper medical or 
health officer for a thorough physical and mental examination. 
Whenever the medical treatment is required, steps 
immediately undertaken to provide the same. 
shall be 
EC. 22. Initial In uiry; ~~~~~~ 
- The law enforcement officer shall, in 
his investigation, determine the following: 
a) The age of t.he child pursuant to Section 7 of this Act; and 
b) Where the case should be referred to. 
The investigation shall be conducted in the presence of the child's 
parents or guardian, local social welfare and development officer, the nearest 
relative, NGOs, religious group or BCPC member 


After the initial inquiry, the authority conducting initial inquiry may do 
either of the following: 
a) Proceed in accordance with Section 20 if the child is 12 years old and 
I 
below; 
b) If the child is above 12 years old, but below 15 years old 
d acted 
with discernment, proceed to diversion under the pertinent of this Act. 
n - Children in conflict with the law shall 
be referred to alternative measures without undergoing court proceedings 
subject to the conditions hereinafter provided: 
a) In crimes where the penalty is 6 years and below, the law enforcement 
officer or barangay chairman with assistance from the local social 
welfare 
development 
officer shall conduct mediation, family 
conferencing and conciliation and indigenous modes of conflict 
resolution with a view to diversion program. The child and hislher 
family and the victim and hislher family shall be present; 
- - 
b) c-victimless crimes where the penalty is 6 years and below, the 
LSWDO shall meet with the parents and the child for the development 
of the appropriate diversion and rehabilitation program; 
c) For crimes where the penalty exceeds 6 years, diversion measures 
may be resorted to by the court. 
iversion 
may be conducted at the Katarungan Pambarangay, police investigati n or the 
inquest or preliminary investigation. 
I 
c t  
- 
If during the conferencing, 
mediation or conciliation, the child voluntarily admits the commission of the 


completed within forty-five (45) days. 
suspended during this forty-five day period. 
The period for prescription 
The child shall present himself/herself to the competent authorties 
1. The nature and circumstances of the offense charged; 
2. The frequency and the severity of the act; 
I 
shall be 
that 
3. The circumstances of the accused child (e.g. age, 
intelligence, etc.); 


4. The influence of the family and environment on the growth of the 
child; 
5. The reparation of injury to the victim; 
6. Tlhe weightdthe evidence against the child; 
7. The safety of the community; and 
8. The best interest of the child; 
In formulating a diversion program, the individual characteristics and 
the peculiar circumstances of the child shall be used to formulate an 
individualized treatment. 
The following factors shall be consi ered in 
formulating a diversion program of the child: 
.
.
 
1 
1. The child's feeling of remorse for the offense he/she committ d; 
2. The parents' or legal guardians' ability to guide and supervise the 
child; 
3. The victim's views about the propriety of the measures to be imposed; 
and 
4. The availability of community based programs for rehabilitation and 
reintegration of the child. 
The diversion program shall include adequate socio-cultural and 
psychological responses and services for the child. Diversion programs shall 
include, but not be limited to, the following: 
1. Written or oral reprimand or citation; 
2. Restitution of property; 
3. -. Reparatiaaof 
- 
the damage caused; 
4. Indemnification of consequential damages; 
5. Confiscation and forfeiture of the proceeds or instruments of the 
crime; 
6. Fine; 
7. Payment of cost of the proceedings; 


. 
8. Written or oral apology; 
9. Guidance and supervision orders; 
10. Counseling for the child and the family; 
11. Trainings, seminars, lectures on: (i) anger management skills; (ii) 
problem solving and/or conflict resolution skills; 
(iii) 
values 
formation; and, (iv) other skills which will aid the child to deal with 
-situation>-which can lead to repetition of the offense; 
12. Available community based programs; 
13. Institutional care and custody; and 
12. Educational, vocational and life skills programs. 
I 
CHA 
III. P 
r ~ s ~ ~ ~ ~ ~ r ' s  
~~~~~ 
- There shall be 
specially 
trained prosecutor to conduct inquest, preliminary investiga ion and 
prosecution of cases involving a child in conflict with the law. 
n - Where there is no 
diversion, the information against the child shall be filed before the Family 
Court within forty-five (45) days from the start of the preliminary investigation. 
arrant of Arrest; 
ail - For purposes of 
recommending the amount of bail, the privilege mitigating circumstance of 
minority shall be considered. 
e 
CEE 
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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 DSWD, local 
social welfare and development officer or 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. 
- - 
- 


e. 
e~~~~~~ - The court shall endeavor to resort to 
diversion measures. 
~~~~~ 
- 
Pursuant to the 
Family Courts 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. 
iti 
res - 
Upon suspension of 
sentence and after considering the various circumstances of the child, the 
court s h z .  imposed, among others, any or combination of the following 
disposition, measures: 
- 
.- 
l.Care, guidance and supervision orders; 
2. Probation; 
3. Community service orders; 
4. Financial penalties, compensation and restitution; 
5 .  Intermediate treatment and other treatment orders; 
6. Order to participate in group counseling and similar activities; 
7. Orders for living communities or open centers; 
8. Commitment order to youth rehabilitation center of the DSWD and 
other centers for children in conflict with the law authorized by the 
secretary of the DSWD; or 
9. Educational, vocational and life skills programs. 
The SSCD shall monitor the compliance with any of the above disposition 
measures. 
t 
- 
Upon 
recommendation of a duly authorized officer, an appropriate center or the duly 
accredited child caring which has custody over the child and the SSCD, the 
- 
.- 
- 


. 
I 
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 he/she 
behaved properly and has displayed the capability to be a useful member of the 
community. 
The discharge of the child in conflict with the law shall not affect his/her 
civil liability which shall be enforced in accordance with law. 
.3 
in 
ICt 
urt - 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 his/her continued stay in the training institution where he/she has 
been assigned be found inadvisable, he/she 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 years 
(18) while under suspended sentence, the court shall determine whether to 
discharge the child in accordance with Section 35 of this Act, to order 
execution of sentence, or to extend the suspended sentence for 
certain 
+ 
specified period or until the child reached the maximum age of twen 
one (21) 
years. 
1 
. 37. 
It 1 
ice CD 
ce - The child in conflict with the 
law shall be credited in the service of his/her sentence with the full time spent 
in actual commitment and detention affected under this Act. 
eat 
_. The court 
may, after it shall have convicted and sentenced a child in conflict with the law 
and upon application at any time, place him/her on probation in lieu of service 
of his sentence taking into account the best interest of the child. 


.3 
s - All records 
and proceedings involving children from initial contact until final disposition of 
the case of the family court shall be confidential. The public may be excluded 
during the proceedings and the records shall not 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 will 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. 
A child in conflict with the law shall not be held under any provision of 
law, to be-&ilty 
of perjury or of concealment or misrepresentation by reason of 
his/her failure to acknowledge the case or recite any fact related thereto in 
response to any inquiry made to him for any purpose. 
- 
.- 
I. 
ective 
reat 
t 
- 
The objective of 
training and treatment of children in conflict with the law placed in institution 
is to provide care, protection, education and vocational skills, with a view to 
assisting them to assume socially constructive and productive roles in society. 
1. 
ennt 
- No child shall be received in 
any detention facility without a valid commitment order issued by the court 
after a hearing for the purpose. The details of this order shall be immediately 


entered in the registered. No child shall be detained in any facility where there 
is no such register. 
ts 
~ 
In all 
detention facilities, children shall be separated from adults. They s all in no 
case be allowed to socialize with adult detainees, it is part of a special program 
that has been shown to be beneficial to the children concerned. 1 
ers - Female children in conflict with the law 
placed in an institution deserve special attention as to their personal needs and 
problems. They shall in no case be allowed to socialize with adult detainees, 
unless it is part of a special program that has been shown to be beneficial to 
the children concerned. They shall be handled exclusively be female doctors 
and social workers. 
B 
~ 
Children detained 
pending trial may be released on bail or recognizance as provided for under 
Section 32 and 34. 
In all other cases and whenever possible, detention 
pending trial may be replaced by alternative measures, such as close 
supervision, intensive care or placement with a family or in an educational 
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 of time. 
- 
Whenever detention is necessary, a child shall always be detained in the 
youth detention home established by local government, pursuant 
of the Family Courts Act, in the city or municipality where the chi1 
te 
Youth homes may also be established by licensed private and non-government 
organizations accredited by the DSWD. 


- 
- The parents or other person 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 shalI be paid by the institution maintaining s 
If the parents of the child are indigents, the DSWD or the local go 
concerned shall shoulder such expenses. 
vfete 
- A child in conflict with the law may, after conviction and upon order of the 
court, be made to serve his/her sentence, in lieu of confinement in a regular 
penal institution, in an agricultural camp that may be established, maintained, 
supervised and controlled by the Bureau of Corrections. 
we1 - In the performance of their 
duties, personnel of detention facilities shall respect and protect the human 
dignity and fundamental human rights of all children under their care. 
in 
Children in conflict with the law, whose sentences are suspended may, upon 
order of the court, undergo residential or community-based rehabilitation in 
the DSWD Youth Rehabilitation Center or any DSWD accredited NGO youth 
rehabilitation center or in the community. 
- ~- 
. 
- -  
r - The Youth Rehabilitation 
Center shall provide psycho-social activities for rehabilitation of children in 
conflict with the law. 
It shall likewise provide twenty-four (24) hours 
residential services through an inter-disciplinary team composed of a social 
workers, psychologist, houseparents, medical staff and teachers. A uarterly 
report shall be submitted by the Center to the proper court' or the p dgress' of 
the children in conflict with the law. Based on the progiyss of the y q f i  in the 
1 
, 


centers, a final report will be foi-vvarded to the court for final disposition of the 
case. 
8 - Every city and 
municipality shall Establish 
.- . 
program, through the local government uRit, that 
will focus on the rehabilitation and re-integration of the child 
-- 
- 
ity- 
B - The children in 
cohflict with the law, whose sentences are suspended may, upon order of the 
court, undergo rehabilitation in the community under custody supervision. 
The children in canflict with {he law will be released to parents, re atives or 
other responsible peys6n in the community. 
Under the supervi ion and 
.
.
 
guidance of the City/Municipallty/Provincial 
' Social Welfare Dev 1. 
lopment 
Officer, and in coordination with his/her custodian, the children in conflict 
with the law shall participate in any of the following community-based 
programs. 
1. Practical skills development; 
2. Social-cultaral and recreational actiirities) 
3. Community volunteer projects; 
4. Community and family welfare services among others. 
Based on the progress of the youth in the centers, a final report will be 
forwaxled to the court for final dlsposition of the case. 
Where community based programs are provided as a diversion measure 
under Chapter I1 Title V, the programs enumerated above shall be made 
available to the child in conflict with the law. 
3. 
tt 
(t 
- Children in conflict with the law whose cases had been dismissed 
by the proper court because of good behavior as per recommendation of the 
DSWD s073al work<F and/or any accredited NGQ youth rehabilitation shall be 
provided after-care se=ivices by the City/Municfpal/Provincial Social Welfare 
and Development Office for a perjod of at least six (6) months. The service 
includes counseling and other community-based designed to facilitate social 
reintegration, prevent commission and other community-based designed to 
facilitave social reintegration, prevent commission of offense/crime and become 
prDdUciLive .members of the community. 


c 
eus 
ses 
~ 
Any conduct not considerec an offense or 
not penalized if committed by an adult shall not be considered an offense and 
shall not be punishable if committed by a child. No laws and ordinances shall 
be passed in Violatfol? of this provision. 
6. 
n5es 
~ 
Persons below 
eighteen .~e@s Of &ge..shall be exempt from prosecution in the offenses of 
vagrancy and prostitution under Section 202 of the Revised Penal Code, and 
mendicancy under P.D. 1563 being inconsistent With the rights of the child 
against abuse. 
I. 
~ 
In the condu t of the 
proceedings beginning fram the initial contact with the child, the c ~mpetent 
authorities must refrain from branding or labeling children as young riminals, 
juvenile delinquents, prostitutes or attaching to them in any mallfie!? . ' y 'other 
derogatory names. Likewise, no discriminatory remarks and practices shall be 
allowed particularly with respect to the child's class oY ethnic origins. 1 
es 
- 
The following acts shall be 
considered prejudicial and detrimental to the psychological, emotional, social, 
spiritual, moral and physical health and well-being of the child alleged as, 
accused of or recognized as having committed an offelise and therefore, 
prohibited: 
1. 
2. 
Employment of threats of whatever lrind and nature 
Employment of abusive, coercive and punitive measures such as 
cursing, beating, stripping, and solftxry canfinemefit; 
Employment of degrading, inhuman and cruel forms of punishment 
such as shaving the heads, pouring in irritating, corrosive or 
harmful substances over the body of the child in conflict with the 
law, or forcing him/her to walk around the community wearing signs 
which embarrass, humiliate, and degrade their personality and 
3. 
4. 
Compelling the child to perform involuntary servitude in any and all 
forms under any and all instances. 


~ ., t 
i 
A 
eraal. - Any person who violates any provision of this Code 
or any rule or regulation promulgated in accordance thereof, for which no 
specific penalty is provided by law, shall, upon conviction for each act or 
omission, be punished by a fine of not more than One Thousand Pesos (P1,OOO) 
or suffer impris0nmen.t of not more than six (6) months, or both such fine and 
impyisonment at the discretion of the court, unless a higher penalty is provided 
for in the Revised Penal Code or special laws. If the offender is a public officer 
or employee, he shall, in addition to such fine and/or imprisohment, be held 
administrative liable. 
s 
~ 
The amount necessary for the 
implementation of this Aet Shall be included in the General Appropriations Act 
of the year following its enactment into law and thereafter. 
An initial amount Ten Million Pesos for the purpose of setting up the 
OJJDP shall taken from the proceeds of the Philippine 
Office. 
. .  
. 
. 
I. 
n in 
ict wjie 
- Upon effectivity of the Act, cases of children twelve years old and below at the 
time of the commission of the crime shall immediately be dismissed and the 
child shall be released to the custody of DSWD. The DSWD upon thorough 
assessment of the child, shall determine whether to release him/her to the 
custody his/her parents, or refer him or her to prevention programs as 
provided under this Act. 
Those with suspended sentences and undergoing 
rehalsilftation at the youth rehsbilitstlopn center shall likewise be Peleased 
unless it is contrary to the best interest of the child. 
rial - If the child is detained 
pending trial, the Family Court shall also determine whether or not continued 
detention is necessary and, if not, determine appropriate alternatives for 
detention. If detention is necessary and he is detained with adults, the court 
shall immediately ordeir the transfer of the child to the youth detention home. 
- 
.- . 
~. 


5 - 
If a child reaches the age of eighteen (18) pending 
diversion and court proceedings, the appropriate diversion authority in 
consultation with LSWDO br the Family Court in consultation with the SSCD, 
as the case may be, shall determine the appropriate diversion/disposition 
measures. The Fmily Court shall specffy 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 xs a mitigating circumstances. In 
this case, the child may apply for probation. 
ee. 
I- - Fxcept that which is reserve by the 
Cunstftutitjh to the Supreme Court, the rule making power under this Act shall 
be jointly exercised by the Department of Justice and Department of Social 
Welfare and Develop+etlt. 
Said Departments shall, in consultation with the 
Department of the Interior and Local Government, Philippine National Police, 
, NStioilB1 Youth Coinmission, CoilWifSsiofl 
on Human Rights, and child-focused NGO, issue the necessary rules and 
regulations for the insplementation of the provisions of this Acts within one 
year from the effectivity thereof. 
~. 
5e - If, for any reason, m y  section or 
provision of this Act is declared unconstitutional or invalid by a c mpetent 
cbllrt, the 
sections br prbvisio.ns hEfeof not dfected 
by such d. claratfon 
.
.
 
1. 
shall remain in full force and effect. 
e - All existing laws, orders, decrees, rules 
and regulations or part thereof inconsistent with the provisions of this Act are 
heyeby repealed or modified accordingly. 
- This Act shall take effect after fifteen (15) days 
*urn its publication in at least two (2) national newspapers of general 
circulation. 
Approved,