+ Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

95

H.B. NO.

Introduced by HON, JUAN EDGARDO “SONNY” M. ANGARA

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 of juvenile justice in the Philippines.

Section 13, Article II of the 1987 Constitution provides that “the State recognizes the vital
role of the youth in nation building and thus, shall promote and protect their physical, moral,
spiritual, intellectual and social well-being.”

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.

Ltn Slow

JUAN EDGARDO “SONNY” M. ANGARA
Representative
Lone District, Province of Aurora


THIRTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
95
HB. No.

Introduced by HON. JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
ENHANCING THE ADMINISTRATION OF JUVENILE JUSTICE, CREATING THE
OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION UNDER THE
DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

TITLE
GOVERNING PRINCIPLES AND STRUCTURES ON THE ADMINISTRATION OF
JUVENILE JUSTICE

CHAPTER I
GENERAL PRINCIPLES AND POLICIES

SECTION 1. Short Title- This Act shall be known as" The Juvenile Justice and
Delinquency Prevention Act of 2004"

SEC. 2. Declaration of State Policy- The State recognizes the vital role of the 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.

Conformably with 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 his or her
reintegration. Whenever appropriate and desirable, the State shall adopt measures for dealing with
such children without resorting to judicial proceedings, provided 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, consistent with the protection of the rights of children.


SEC. 3. Fundamental Principles on the Administration of Juvenile Justice- The
provisions of the Convention on the Rights of the Child, 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 United Nations Rules for
the Protection of Juveniles Deprived of their Liberty are hereby adopted as part of this Act
Pursuant thereto, the State adopts the following principles:

1. The restorative justice or balanced approach shall be the framework of juvenile justice system
and shall consider the welfare of the child in conflict with the law as well as the interest and
protection of the victim and the community

2. The prevention of juvenile delinquency is an essential part of crime prevention in society,
Community-based services and programs shall be developed and implemented for the
prevention of juvenile delinquency.

3. No child shall be subjected to harsh or degrading correction or punishment measures at home, in
school, or in any other institution.

4, 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 society.

5. No child shall be deprived of liberty unlawfully or arbitrarily. Deprivation of personal liberty
and imprisonment shall be a disposition of last resort and for the minimum necessary period

6. Children detained or sentenced to serve 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
assist them in developing their potential as members of society.

7. Neither capital punishment nor life imprisonment without possibility of parole or release shall
be imposed for any crime committed by children.

8. A child deprived of liberty shall be guaranteed the right to prompt access to legal and other
appropriate assistance, as well as the right to challenge the legality of the deprivation of his or

her liberty before a court.


9, The rights of the child in conflict with the law shall be respected without discrimination of any
kind and irrespective of the child's or his or her parents’ or legal guardians’ race, color, sex,
language, religion, political or other opinion, national, ethnic or social origin, disability, birth or
other status.

10. The dignity and the right to privacy of the child in conflict with the law or the child who is a
victim of abuse shall be respected at all stages of the proceedings in order to avoid harm being
caused to him or her by undue publicity or by the process of labeling.

SEC. 4. 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. 5. Minimum Age of Criminal Responsibility. A child twelve (12) years of age and
below at the time of the commission of the offense shall be exempt from criminal liability.
However, he/she shall be subjected to a delinquency prevention program pursuant to this Act.

A child above twelve (12) year but below fifteen (15) years of age shall likewise be exempt
from criminal liability and be subjected to a delinquency prevention program, unless he/she has
acted with discernment, in which case, such child shall be proceeded against in accordance with this
Act.

A child fifteen (15) years and below eighteen (18) years of age shall likewise be subjected to
the appropriate proceedings as provided for in this Act.

The exemption from criminal liability herein established does not include exemption from
civil liability, which shall be enforced in accordance with existing law.

SEC. 6. Determination of Age-. The child's age may be determined from the child's birth
certificate, baptismal certificate or any other document such as affidavits medical, dental and
psychological records. 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 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

CHAPTER IT
DEFINITIONS

SEC. 7. Definition of Terms. - The following terms as used in this Act shall be defined as
follows:

a) Child - shall refer to a person under the age of eighteen (18) years.

b) Child in conflict with the law - shall refer to a person below eighteen (18) years of age who is
alleged as, accused of, or adjudged as having committed an offense under Philippine laws.

©) Offense - shall refer to any act or omission punishable by law.

d) Serious Offense - shall refer to an offense punishable by imprisonment of more than six (6)
years after considering the privileged mitigating circumstance of minority.

) Deprivation of liberty - 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 or administrative authority.

f) Youth Detention Homes - shall refer to a duly-licensed and accredited child caring institution
providing resident care for children in conflict with the law who are awaiting court disposition
of their cases or transfer to other agencies.

g) Youth Rehabilitation Center - shall refer to an institution that receives and rehabilitates children
in conflict with the law.

h) Take into custody - shall refer to the moment when the child is apprehended or otherwise
deprived of liberty.

1) Juvenile Justice System - shall mean proceedings involving a child in conflict with the law
starting from being taken into custody, including diversion proceedings, court proceedings after
the filing of the proper information until the disposition of the case, rehabilitation and

reintegration until the termination of after-care services.


j) Diversion - shall refer to an alternative child-appropriate process of determining the
responsibility and treatment of a child in conflict with law on the basis of his social, cultural
economic, psychological or educational background without resorting to formal court
adjudication.

k) Diversion program - shall refer to a program that the child in conflict with the law is required to
undergo in lieu of formal court proceedings.

1) Community-based Program - shall refer to a program 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.

'™) Initial contact with the child - shail refer to the apprehension or taking into custody of a child in
conflict with the law by a law enforcement officer or private citizen. It includes the time when
the child receives a subpoena or summons in cases that do not require preliminary investigation
or where there is no necessity to place the child under immediate custody.

N) Restorative Justice - shall refer to the principle which requires a process of resolving conflicts
with the maximum involvement of the victim, the offender and the community. It seeks to
obtain reparation for the victim, reconciliation of the offender, the offended and the community
and reassurance to the offended that he can be reintegrated into society. It also enhances public
safety by activating the offender, the victim and the community in juvenile delinquency
prevention strategies.

©) Mediation - shall refer to a process in which a mediator, selected by the disputing parties,
facilitates communication and negotiation, and assists the parties in reaching a voluntary

agreement regarding a dispute

P) Law enforcement officer - shall refer to the agent of a person in authority as defined in Article
152 of the Revised Penal Code.
CHAPTER Hil

AGENCIES INVOLVED IN THE ADMINISTRATION OF JUVENILE JUSTICE AND
DELINQUENCY PREVENTION

SEC. 8. Creation of the Office of Juvenile Justice and Delinquency Prevention (OJJDP).

- An Office of Juvenile Justice and Delinquency Prevention (OJJDP) shall be created and


established within the Department of Justice. It shall be headed by an Administrator with a rank
equivalent to an Undersecretary. The OJJDP shall be the lead agency in formulating policies,
developing plans and programs, and coordinating the implementation of these policies, plans and
programs for the improvement of the juvenile justice system and the prevention of juvenile
delinquency. It shall ensure coordination among the following government entities:

1. Council for the Welfare of Children (CWC),

2. Department of Justice (DOD);

3. Department of Social Welfare and Development (DSWD),

4, Department of Education (DepEd);

5. Department of the Interior and Local Government (DILG);

6. Department of Health (DOH);

7. Philippine National Police (PNP);

8. Bureau of Jail Management and Penology (BJMP);

9. Commission on Higher Education (CHED);

10. Commission on Human Rights (CHR);

11. Child Rights Center (CRC)

12. Technical Education and Skills Development Authority (TESDA);

13. National Youth Commission (NYC);

14. National Bureau of Investigation (NBI), and

15. Local Government Units

16. Other government institutions that the OJJDP may deem necessary

SEC. 9, Powers and Functions of the OJJDP. - The OJSDP shall have the following

powers and functions:

1. To oversee and supervise the implementation of this Act;

2. To advise the President through the Secretary of Justice on all matters and policies relating to

juvenile justice and delinquency prevention programs;

3. 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;


4. To conduct and support evaluations and studies of the performance and results achieved by
delinquency 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 administered;

5. To coordinate the implementation of the national juvenile delinquency programs and activities
by the national government agencies and other activities which may have important bearing on
the success of the entire juvenile delinquency effort;

6. To periodically develop a comprehensive three (3) to five (5) year plan for juvenile justice and
delinquency prevention, with the participation of government agencies concerned, non-
government organizations (NGOs) and youth associations;

7. To serve as central repository of information and research in juvenile justice and delinquency
prevention including statistics, data analysis on trends, problems and causes of juvenile
delinquency and crime, and best practices for the improvement of the administration of juvenile
justice.

8. To formulate and recommend policies and strategies in consultation with children, other
relevant sectors and various stakeholders for the prevention of juvenile delinquency as well as
treatment and rehabilitation of children in conflict with the law;

9. To conduct periodic monitoring, through duly authorized persons, of detention, prison and
rehabilitation facilities,

10. To conduct advocacy programs including consultations and training for personnel of agencies
involved in the administration of the juvenile justice system and delinquency prevention;

11. To establish linkages with local, national, and international agencies in effectively carrying out
its functions under this Act;

12. To receive grants, donations and endowments for programs and projects relating to juvenile

justice and delinquency prevention;

13. To publish an annual report on the implementation of this Act; and

14. To perform such other functions as may be necessary to implement the provisions of this Act,


SEC. 10, Program Components. - The following program components shall be established
by the OJJDP:

1. Research and Program Development. - To develop knowledge on national trends in juvenile
delinquency; support a program for data collection and information sharing that incorporates
elements of statistical and systems development; identify how delinquency develops and the
best methods for its prevention, intervention, and treatment; conduct periodic review of policies
affecting juvenile justice; analyze practices and trends in the juvenile justice system; assist other
agencies and organizations in developing policies and guidelines; and, initiate, integrate and
recommend for funding research studies;

2. Training and Technical Assistance. - To develop training modules, provide training and
technical assistance as well as conduct capacity building activities for personnel involved in the
administration of juvenile justice and delinquency prevention in the national and local level,
whether public or private;

3. Special Emphasis Program. - To provide discretionary funds to public and private agencies,
organizations, and individuals to replicate tested approaches to delinquency prevention,
treatment, and control in such pertinent areas, community-based sanctions, and the
disproportionate representation of minorities in the juvenile justice system.

4, Local Government Relations and Assistance. - To support collaborative efforts by local
governments to carry out the mandates of this Act by providing them formula grant funds and
technical assistance and to monitor local government compliance with this Act;

5. Information Dissemination Unit. - To provide public information services on juvenile justice
and delinquency prevention including publication of research and statistical reports, bulletins,
and other documents; and

6. Coordination of National Agency Effort Program. - To promote interagency cooperation and
coordination among national agencies with responsibilities in the area of juvenile justice. The
program primarily carries out this responsibility in coordination with the Council for the

Welfare of Children.


SEC. 11. Staffing Pattern. - The Secretary of Justice, in consultation with the Department
of Budget Management, shall determine the staffing pattern and compensation structure of the
officials and employees of the OJJDP.

SEC. 12. National Vocational Training School for Juveniles. - The DOJ shall, in
coordination with TESDA, establish, as far as practicable, National Vocational Training Schools
for Juveniles to be managed and supervised by the OJJDP. It shall develop after care programs,
vocational skills and enhance employment capabilities of the children in conflict with the law to
prepare them for their eventual reintegration into society and become productive citizens when they
are released from confinement.

SEC. 13. Child Rights Center . - 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. The CRC shall be established in all region of the country to be accessible to
children.

SEC. 14. Duties and Functions of the Child Rights Center. - The CRC shall have the
following duties and functions, in addition to those already being performed:

1. To investigate on complaints for violation of this Act and other violations of children's rights,
take or support legal action or make recommendations for the prosecution of violators;

2. To provide child advocacy services; and

3. To provide a system of accreditation for NGO’s and private agencies to act as child advocate in
their areas.

SEC. 15. Other institutions focused on Juvenile Justice and Delinquency Prevention. - In
addition to the child and youth welfare agencies defined under Article 117 of P.D. 603, institutions
that can provide special services such as guidance, care, counseling and diversion services for
children in need of parental supervision as defined under Section 25 of this Act, may be established
by private or public organizations.

The provisions of P.D. 603 on accreditation and licensing of child and youth welfare
agencies shalt be applicable to the above institutions. These institutions may enter into agreements
with the DSWD, DOJ, PNP, local government units or the Family Courts to provide services such

diversion programs, temporary shelter and counseling for children in conflict with the law.


Any of the above programs may be considered as diversion programs if accredited by
DSWD to be such,
TITLE 1
PREVENTION OF JUVENILE DELINQUENCY

CHAPTER I
THE ROLE OF THE DIFFERENT SECTORS

SEC. 16. The Family. - The family is an important social institution having the primary
right and duty to nurture and rear children for civic efficiency and moral development. It is in the
family where values are tavght and character developed which are important in delinquency
prevention

SEC. 17. The Educational System. - Educational institutions shall work together with
families, community organizations and agencies concemed with the activities of children

SEC. 18. The Role of the Mass Media, - The mass media shall play an active role in the
promotion of child rights, delinquency prevention, and other related matters. It shail not
sensationalize cases involving children in conflict with the law nor treat news features about
children without regard to their privacy and human rights

SEC. 19. The Role of NGOs and/or People’s Organizations. - NGOs and/or people’s

organizations shall be encouraged to utilize their capabilities and participate in the promotion of
child rights, delinquency prevention and other activities relating to juvenile justice.

SEC. 20. Establishment and Strengthening of Local Councils for the Protection of
Children. - Local Councils for the Protection of Children (LCPC) shall be established in local
government units and strengthened, where they have already been established, within one (1) year
from effectivity of this Act.

The membership of the LCPC shall be taken from responsible members of the community,
including, a representative of the local government unit concerned, SK. chairman and/or his duly
authorized representative and a representative from an NGO or people’s organization concerned

with the welfare of children.


The LCPC shall coordinate with and assist the local government unit concerned in adopting
a comprehensive plan on delinquency prevention and other related matters and be the primary
agency to oversee its implementation.

SEC. 21. Appointment of Local Social Welfare and Development Officer (LSWDO). - All
focal government units shall have a duly licensed social welfare and development officer primarily
tasked to assist children in conflict with the law.

SEC. 22, The Sangguniang Kabataan. - The Sangguniang Kabataan shall coordinate with
the LCPCs in the formulation and implementation of delinquency prevention and diversion
programs in the community,

CHAPTER II
COMPREHENSIVE DELINQUENCY PREVENTION PLANS

SEC. 23, Development of a Comprehensive Juvenile Delinquency Prevention Plans. -
Comprehensive juvenile delinquency prevention plans covering at least a three (3)- year period shall
be instituted by local government units from the barangay 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 LCPCs, shall call on all sectors
concerned, particularly the child focused institutions, NGOs, people’s organizations, educational
institutions and government entities involved in delinquency prevention to participate in the
planning process and implementation of programs related to delinquency prevention. Such
delinquency prevention plans and programs shall be implemented consistent with the national
program formulated and designed by the OJJDP.

The implementation of the comprehensive delinquency prevention plans shall be reviewed
and assessed yearly by the local government units in coordination with the LCPCs. Result of the
annual assessment shall be submitted to the OJJDP not later than March 30 of the following year.

SEC. 24. Community-based Program on Delinquency Prevention. - Community-based
programs on delinquency prevention shall be instituted by the local government units through the
LCPCs, schools, youth organizations and other concerned institutions. The LGUs shall provide

community-based services which respond to the special needs, problems, interest and concerns of


children and which offer appropriate counseling and guidance to them and their families. These
programs shall consist of three levels,

1. Primary prevention - includes general measures to promote social justice and equal

‘opportunity, which tackles perceived root causes of offending.
2. Secondary prevention - includes measures to assist children at risk.
3. Tertiary prevention - include measures to avoid unnecessary contact with the formal
justice system and other measures to prevent re-offending.
TITLE
TREATMENT OF CHILDREN IN NEED OF PARENTAL SUPERVISION AND
GUIDANCE

SEC. 25. 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 or prone to
become delinquents:
1, Children 12 years old and below who have committed an offense but are exempt from criminal

responsibility;
2. Children used by criminals in the commission of crime;
3.  Streetchildren who may be runaways, abandoned, maltreated, abused or neglected;
4. Out of school youths;
5. Children arrested for reasons related to armed conflict, either as a combatant, courier, guide or
spy; and

6. Other as may be recommended by the OJJDP based on their research

SEC. 26. Treatment of Children Below the Age of Criminal Responsibility, - If it has been
determined that the apprehended child is 12 years old and below, the authority having initial contact
with the child has the duty to immediately refer the child to the custody of the parents. If the
offense is serious, the child shall be referred to the LSWDO 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.

SEC. 27. Use of Children in 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 LSWDO 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.

SEC. 28. Streetchildren. - The LGUs 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
replacement for adoption.

SEC. 29. Duty of DSWD. - If the child referred to in Section 25 hereof has been found to be
abandoned, neglected or abused by his parents, or in the event the parents will not comply with the
intervention program, the proper petition for involuntary commitment shall be filed by the DSWD
pursuant to P.D. 603.

TITLE IV
JUVENILE JUSTICE SYSTEM

CHAPTER I
INITIAL CONTACT WITH THE CHILD

SEC. 30. Initial Contact with the Juvenile Justice System.- The initial contact of the child
with the juvenile justice system occurs when he or she is
a) taken into custody by a police officer or barangay tanod; or
b) taken into custody by a private individual making a warrantless arrest; or
C) issued a summon by the Barangay Council; or
d) issued a summon or a subpoena by the prosecutor or judge of the municipal trial court as the
case may be.
SEC. 31. Procedure of Taking the Child into Custody. - The law enforcement officer taking
the child into his custody shall:
1, Inform the child of his/her offense in a language and manner understood by him/her;
2. Properly identify himself/herself to the child;
3. Not employ force or make sexual advances;

4, Not use vulgar or profane words;


5. Not use handcuffs or other instruments of restraint unless absolutely necessary;

6. Notify the parents/guardians and LSWDO within eight (8) hours from the time of apprehension,
The LSWDO 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; and

7. Take the child immediately after apprehension to the proper medical or health officer for a
thorough physical and mental examination. Whenever the medical treatment is required, steps
shall be immediately undertaken to provide the same.

All persons other than police officers, who will take any child into custody shall also follow
the same procedure, Private individuals making citizen arrest shall tum over the child to the
‘Women and Children Protection Desk of the nearest police station in the area,

SEC. 32. Initial Inquiry; duties - The law enforcement officer shall, in his investigation,
determine the following:

1. The age of the child pursuant to Section 6 of this Act; and

2. Where the case should be referred to.

The investigation shall be conducted in the presence of the child's parents or guardian,
NGOs, religious group or LCPC member, and LSWDO.

If after initial inquiry, the authority determines that the child committed the offense, he/she
shall:

1. Proceed in accordance with Section 26if the child is 12 years and below; or

2. If the child is above 12 years old, proceed to diversion if appropriate under Chapter II of this

Title.
CHAPTER II
DIVERSION SYSTEMS AND PROGRAMS
SEC. 33. System of Diversion. - Children in conflict with the law shall be referred to

alternative measures without undergoing court proceedings subject to the conditions hereinafter

provided:


1. In crimes where the penalty is 6 years and below, the law enforcement officer or barangay
chairman with the assistance of the LSWDO shall conduct mediation, family conferencing,
conciliation and/or other indigenous modes of alternative dispute resolution with a view to
accomplishing the objectives of restorative justice and the formulation of a diversion program.
The child and his/her family and the victim and his/her family shall be present,

2. In victimless crimes where the penalty is 6 years and below, the LSWDO shall meet with the
parents and the child for the development of appropriate diversion and rehabilitation programs,

3. For crimes where the penalty exceeds 6 years, diversion measures may be resorted to by the
court.

SEC. 34. Levels of Diversion. - Diversion may be conducted at three levels, namely:

a) Katarungang Pambarangay;

b) Police;

C) Prosecution

‘The Lupong Tagapamayapa, the Women and Children Protection Desk Officers, and the
prosecutors for children are the competent authorities to conduct diversion proceedings.

SEC. 35. Duty to Explain Process of Diversion - The competent authorities are duty-bound
to explain to the child in a language and manner known and understood by him/her the
consequences of his/her acts and/or omission. The child's responsibility for the commission of any
felony shall be explained to hinwher with a view towards counseling and rehabilitating him/her and
avoiding his/her contact with the criminal justice system as well as towards indemnifying the
victim/s if necessary.

SEC. 36. Indigenous Modes of Diversion. - Indigenous modes of alternative dispute
resolution in harmony with international and national human rights and child rights standards shall
be resorted to and encouraged. The child's and his/her family's active participation in efforts
towards dispute resolution shall be optimized. The family shall be held answerable as well as
exercise care and supervision over the person of the child.

SEC. 37. Diversion Programs; When proper. - The diversion programs shall include
adequate socio-cultural and psychological responses and services for the child. Diversion programs

include, but shall not be limited to, the following measures:


1. written reprimand or warning citation;

2. restitution of property;

3. reparation of 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
dispute resolution skills; (iii values formation; and (iv) other skills which will aid the child to
deal with situations which can lead to repetition of the offense;

12, community based programs; and

13. institutional care and custody.

Where the parties and/or the competent authorities decide that the child must undergo a
diversion program, such a continuing program for the rehabilitation and re-integration of the child
shall be formulated with the cooperation of the complainant and the child.

SEC. 38. Factors in Determining Diversion Program.- a) In determining whether diversion
is appropriate and desirable, the following factors shall be taken into consideration

1. The nature and circumstances of the offense charged;

N

‘The frequency and the severity of the act;

. The circumstances of the accused child (e.g. age, maturity, intelligence, etc.);

sw

|. The influence of the family and environment on the growth of the child;
5. The reparation of injury to the victim;

6. The weight of the evidence against the child;

7. The safety of the community; and

8. The best interest of the child.


b) 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 considered in formulating a diversion program of the child:

1. The child's feelings of remorse for the offense he or she committed;

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.

SEC. 39. Criteria of Comumunity-Based Programs. - Every city and municipality shall
establish a diversion program that will focus on the rehabilitation and re-integration of the child.
All programs shail meet the criteria to be established by OJJDP which shall take into account the
purpose of the program, the need for the consent of the child and his/her parents or legal guardians,
and the participation of the child-focused agencies whether public or private

SEC. 40. Contract of Diversion. - If during the conferencing, mediation or conciliation,
the child voluntarily admits the commission of the act, a diversion program shall be developed.
Such admission cannot be used against the child in any subsequent judicial or administrative
Proceedings. The diversion program shall be effective and binding if accepted by the parties
concerned, It shall be in writing and signed by the parties concerned and the appropriate
authorities. The LSWDO shall supervise the implementation of the diversion program. The
diversion proceedings shall be completed within forty-five (45) days. The period for prescription
shall be suspended during this forty-five day period.

The child shall present himself or herself to the competent authorities that imposed the
diversion program at least once a month for reporting and evaluation of the effectiveness of the
program.

Failure to comply with the terms and conditions of the contract of diversion, as certified by
the LSWDO shall give the victim the option to institute the appropriate legal action.

SEC. 41. 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/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, LCPC member or the LSWDO. If necessary, the LSWDO, in
coordination with DSWD may refer the child to the appropriate child-caring institution
CHAPTER Ei
KATARUNGANG PAMBARANGAY PROCEEDINGS

SEC. 42. Applicability. - The Katarungang Pambarangay Law is hereby adopted and shall
form part of the diversion process in the administration of juvenile justice, subject to the provisions
of this Chapter. Further, these proceedings shall apply even if both parties actually reside or are in
barangays of different cities or municipalities.

SEC. 43. Jurisdiction. - The Katarungang Pambarangay shall have jurisdiction over
offenses punishable by imprisonment not exceeding six (6) years or a fine not exceeding Thirty
Thousand Pesos (P30,000.00).

SEC. 44. Venue.- All disputes shall be brought in the barangay where the child resides.
Where the child's residence cannot be ascertained as in the case of the homeless, abandoned or
streetchildren, or where the child's residence is in another place and it is not practicable for the
offended party to settle the dispute in the said child's residence, the case shall be brought to the
barangay where the child is generally known by people or where he or she normally frequents or to
the barangay where the offense was committed taking into consideration the best interests of the
child in all circumstances.

SEC. 45, Determination of Penalty. - In ascertaining the penalty of the offense for purposes
of determining the jurisdiction of the barangay conciliation, the privileged mitigating circumstance
of minority as provided in Article 68 of the Revised Penal Code shall be applied. If, after applying
the mitigating circumstance of minority, the minimum penalty is imprisonment of less than six (6)
years, the criminal case shall fall under the jurisdiction of the Katarungang Pambarangay.

SEC. 46. Training of the Lupong Tagapamayapa - In addition to the requirement provided
in Sec, 399 of the Local Government Code, the members constituting the Lupon shall be provided

with regular training by the LGU concerned, in cooperation with the LSWDO and NGOs


specializing in children, which trainings shall include, among others, conflict management and

mediation skills, paralegal seminars on laws on children and child psychology.

SEC. 47. Referral to Diversion Programs. - 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 to be included in the settlement.
CHAPTER IV
WOMEN AND CHILDREN'S PROTECTION DESK (WCPD)

SEC. 48, WCPD to Handle Cases Involving Children in Conflict with the Law - The
WCPD of the PNP shall handle the cases involving children in conflict with the law.

SEC. 49. Procedure Before the WCPD - Cases involving children in conflict with the law
shall be referred to the WCPD who shall conduct an initial inquiry in accordance with Sections 31
and 32 of this Act

SEC. 50. Duty of the WCPD. - After the initial inquiry, if the child is found to be above 12
years old and the offense does not fall under the Katarungang Pambarangay as provided in Section
43 hereof, the WCPD shall conduct fusther investigation of the child pursuant to Sections 51 and
52 of this Act.

SEC. 51. Procedure In the Investigation of a Child in Conflict with the Law - A child
shall only be investigated or his statement secured in the presence of his parents/guardian or the
nearest relative, member of child-focused group, religious group, or the LSWDO and his/her
counsel. In their presence, the child shall be informed of his/her constitutional rights to remain
silent and to competent and independent counsel of his own choice in a language that is clearly
understood by the child, the parents or guardians.

If the child cannot be represented by counsel of his own choice, the WCPD shall contact the
Public Attorneys Office so that a Public Attomey maybe assigned 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 for the human rights of the child shall be of paramount consideration during the

custodial investigation.


In cases where offenses are committed by the child together with adults, the child shall be
investigated separately from the adults.

SEC. 52. Diversion; When proper - After investigation, if the imposable penalty for the
offense is less than two (2) years imprisonment, the WCPD in consultation with the child, his/her
parents or guardians and the LSWDO shall adopt the appropriate diversion program in accordance
with Sections 33 to 41 of this Act.

In cases when a child has no parent or legal guardian, the nearest relative, a member of a
child focused groups or religious groups, 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. 53. Duty of WCPD When There is No Diversion. - Where the offense does not fall
under the preceding paragraph or if the child, his parents or guardian do not consent to a diversion,
the WCPD or the police officer handling the case shall forward the records of the case of the child
under custody to the prosecutor or judge concerned for the conduct of inquest and/or 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.

CHAPTER V
PROSECUTORS FOR CHILDREN IN CONFLICT WITH THE LAW

SEC. 54. Duty of the Office of the Prosecutor. - Any case involving a child in conflict with
the law filed before the Office of the Prosecutor shall be referred to a Prosecutor who is specially
trained to conduct inquest, preliminary investigation and prosecution of cases involving a child in
conflict with the law.

SEC. 55. Diversion From Formal Trial, When proper - In the conduct of the preliminary
investigation, the prosecutor shall take into consideration the circumstance or condition of the child
alleged to have committed an offense. He shall ensure that all legal rights of the child are protected,

especially the right to counsel. If the evidence warrants the filing of the charges, the proceedings,


pursuant to the principle of minimum intervention, shall be diverted subject to the following
conditions:
1. The child voluntarily admits the commission of the offense,
2. The child freely consented to such diversion; and,
3. The imposable penalty for the offense is six (6) years and below or a fine of P30,000.00
SEC. 56. Alternative to Formal Court Process. - Where diversion is proper, the prosecutor

shall, in consultation with the child, his or her parents of guardi

s, the offended party and the
LSWDO, determine the type of diversion programs the child shall be subjected to within 15 days
from the date of referral

SEC. 57. Filing of Complaint or Information - Where conditions under Section 55 for
diversion is not present, the corresponding criminal complaint/information shall be filed against the
child before the Family Court within sixty (60) days from the start of the preliminary investigation.

SEC. 58. Bail. - In applying for a warrant of arrest, the prosecutor shall always recommend
bail and specify the amount taking into consideration the rules on bail. This shall apply in all cases
except when the evidence of guilt of the child is strong and the imposable penalty is reclusion
perpetua or higher even after taking into consideration all the mitigating and exempting
circumstances. In such cases where the offense is non-bailable, the child may still be released on
recognizance in accordance with Section 63 of this Act.

CHAPTER VI
PUBLIC ATTORNEYS FOR CHILDREN

SEC. 59. Duty of the Public Attorney’s Office. - In all cases where a child cannot be
represented by counsel of his or her own choice, a public attorney from the Public Attorney's Office
shall represent the child during all stages of the court proceeding.

SEC. 60. Duties of the Public Attorney for Children- The public attorney shall ensure that
the rights of the child in conflict with the law are respected and protected. As defense counsel, he
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


recommendation of the prosecutor, DSWD, SSCD or LSWDO, release the child alleged to have

committed an offense on recognizance to the custody of his parents or other suitable person who

shall be responsibie for his appearance whenever required by the court.

SEC. 64. Procedure Before the Family Court. - Special rules of procedure shall be
implemented by the Family Court particularly in presenting the child as a witness. During the
hearing, the Family court should bave information available not only on the offense but also on the
child and his family, based on the findings of SSCD and may use other forms of presenting
evidence. The Family Court shall have the power to discontinue the proceedings at any time.

The Family Court shall prioritize all cases involving children and shall dispose of the case
within ninety (90) days from the time of referral

SEC. 65. Pre-disposition Report. - \f the Family Court considers it necessary for making a
disposition in respect of a child in conflict with the law who is found guilty of an offense, it may
require the SSCD to prepare and submit a pre-disposition report in respect of the child

SEC. 66. Suspension of Sentence. - If after hearing, the Family Court finds that the child
in conflict with the law is guilty of the offense charged, it shall determine the appropriate sentence.
However, the Family Court shall automatically suspend the service of sentence.

When the child has initial contact with the juvenile justice system before he becomes 18, he
should be entitled to suspension of sentence provided that he has not reached the age of 21 at the
time of promulgation of such sentence.

SEC. 67. Various Disposition Measures. - Upon suspension of sentence and after
considering the various circumstances of the child, the Family Court shall impose, among others,
any or a combination of the following disposition measures:

1. Care, guidance and supervision orders;

2. The child may be placed on probation, under supervision of the juvenile probation officer to be
appointed by the OJJDP or of some accredited agency in the community while continues to live
at home, attend school and follow a normal round of activities;

3. Community service orders;

4, The child may be ordered to compensate the victims for the harm caused by the offense

particularly in property offenses;


5. Intermediate treatment and other treatment orders including commitment to a drug rehabilitation

center. The Family Court may also place the child in numerous privately run facilities such as
hospitals (for mental illness, alcoholism, etc.);

6. Orders to participate in group counseling and similar activities;

7. Orders for living communities or open centers;

8. Orders concerning foster care;

9. Commitment order to a Youth Rehabilitation Center if he has committed a serious offense or is
a recidivist; and

10. Other relevant orders.

The SSCD shall monitor the compliance with any of the above disposition measures.

SEC. 68. Discharge of Child in Conflict with the Law, - Upon recommendation of the
officer, appropriate center or the duly accredit child caring institution who has custody of the child
in conflict with the law and the SSCD, the Family Court shall, after due notice to all parties, dismiss
the case against him who has been issued disposition measures and order the final discharge of
such child if it finds that he has behaved properly and has displayed a capability to be a useful
member of the community,

SEC. 69. Return of Child in Conflict with the Law to Court. - \f the Family Court finds
that the child has not behaved properly, has been incorrigible, has not shown the capability of
becoming a useful member of society, has willfully failed to comply with the conditions of his
disposition or rehabilitation program, or should his continued stay in the training institution where
he has been assigned be not in his best interest, he shall be brought before the Family Court for the
pronouncement of judgment of conviction.

If the child in conflict with the law has reached the age of 21 years while in commitment, the
Family Court shall determine whether to dismiss the case in accordance with Section 68 of this Act
or to execute the judgment of conviction. In the latter case, such child may apply for probation
under P.D. No. 968, unless he has already availed of the probation under the said law.

SEC. 70. Credit in Service of Sentence. - 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 effected under this Act.


SEC. 71. Effect of Discharge of Child in Conflict with the Law. - The discharge of the
child in conflict with the law under Section 68 of this Act shall obliterate his/her criminal liability as
if no crime was ever committed by such child. However, discharge will not obliterate his/her civil
liability which shall be enforced in accordance with law.

SEC. 72. Appeal. - The child can appeal from the order of the court in the same manner as
appeals in criminal cases.

SEC. 73. Confidentiality 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 or 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 guilty 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/her for any purpose

TITLE V
DETENTION, REHABILITATION AND REINTEGRATION

SEC. 74. Objective of Institutional Treatment. - The objective of training and treatment of
children in conflict with the law 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. 75. Commitment Order Required. - No child shall be received in any 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. 76. Separate Detention Facilities From Adults. - \n 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 program that has been shown to be beneficial to the children
concemed.

SEC. 77. 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 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. Their fair treatment shall be ensured. They shall
be handled exclusively by female doctors and social workers.

SEC. 78. Detention of the Child Pending Trial.- Children detained pending trial may be
released on bail or recognizance as provided for under Sections 58 and 63 of this Act. 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 governments, pursuant to Section 8 of the Family Courts Act, in the city
or municipality where the child resides.

SEC. 79, Detention for Convicted Children in Conflict with the Law. - A child in conflict
with the law may, after conviction and upon order of the Family Court, be made to serve his/her
sentence in an agricultural camp or in any institution that may be established, maintained,
supervised and controlled by the Bureau of Corrections.

SEC. 80. Rehabilitation of Children in Conflict with the Law. - 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.

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 interdisciplinary team composed of a social worker, psychologist, houseparents,


medical staff and teachers. A quarterly report shall be submitted by the Center to the proper court
on the progress of the children in conflict with the law. Based on the progress of the child in the
center, a final report should be forwarded to the court for final disposition of the case.

SEC. 81. Community-Based Rehabilitation. - The children in conflict with the law, whose
sentences are suspended may, upon order of the court, undergo rehabilitation in the community
under custody supervision. They shall be released to parents, relatives or other responsible person
in the community, and shall, under the supervision and guidance of the LSWDO and in coordination
with their custodian, participate in any of the following community-based programs:

1. Practical skills development;

2. Socio-cultural and recreational activities;

3. Community volunteer projects;

4, Leadership training, and,

5, Community and family welfare services among others.

SEC. 82. Afier-Care Support Services for Children in Conflict with the Law. - 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 social worker and/or any accredited NGO youth
rehabilitation center shall be provided after-care services by the City/Municipal/Provincial Social
Welfare and Development Office for a period of at least six (6) months. The service includes
counseling, and other community-based programs designed to facilitate social reintegration and
prevent further commission of offense.

TITLE VI
GENERAL PROVISIONS

CHAPTER I
EXEMPTING PROVISIONS

SEC. 83. Status Offenses. - Any conduct not considered an offense or not penalized of
committed by an adult should not be considered an offense and not be punishable if committed by a
child. No law or ordinance shall be passed in violation of this provision.

SEC. 84. Offenses not Applicable to Children. - Persons below eighteen (18) 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.

CHAPTER IL
PROHIBITED ACTS

SEC. 85. Prohibition Against Labeling and Discrimination. - \n the conduct of the
proceedings beginning from the initial contact with the child, 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.

SEC. 86. Other Prohibited Acts. - 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 offense and
therefore, prohibited:

1. Employment of threats of whatever kind and nature;

2. Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and
detaining in cells;

3. 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 or her to walk around the community wearing signs which embarrass,
humiliate, and degrade his/her personality and dignity;

4. Compelling the child to perform involuntary servitude in any and all forms under any and all
instances;

5. Use of children in criminal activities;

6. Coercing, inducing, defrauding, deceiving a child to admit or confess commission of a crime or
enter an improvident plea of guilt; and

7. Causing undue and sensationalized publicity of any case involving a child in conflict with the

law resulting in the violation of the child’s rights to privacy and Section 73 of this Act.


CHAPTER I
PENAL PROVISION
SEC. 87. Violation of the Provisions of this Act or Rules or Regulations in General. -
Any person who violates any provision of this Act or any rule or regulation promulgated in
accordance thereof, or commits a prohibited act as defined herein for which no specific penalty is
provided by law, shall, upon conviction for each act or omission, be punished by a fine of not less
than Ten Thousand Pesos (P10,000.00) but not more than Fifty Thousand Pesos (P50,000.00) or
suffer imprisonment of not more than six (6) months, or both such fine and imprisonment 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
imprisonment, be held administratively liable.
CHAPTER IV
APPROPRIATIONS
SEC. 88. 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 Fifty Million Pesos (P50,000,000.00) for the purpose of setting up the
ONIDP shall be taken from the proceeds of the Philippine Charity Sweepstakes Office
CHAPTER V
TRANSITORY PROVISIONS
SEC. 89. Children in Conflict with the Law 12 Years and Below. - Upon effectivity of this
Act, cases of children twelve years and below 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. 90. Children Detained Pending Trial At The Time Of The Effectivity Of This Act. -
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, he/she shall immediately order the transfer of the child to
the youth detention home.

SEC. 91. 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 LSWDO or the Family Court in consultation
with the SSCD, as the case may be, shall determine the appropriate diversion/disposition 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.

CHAPTER V
FINAL PROVISIONS

SEC. 92. Implementing Rules And Regulations - Except those which are reserved by the

Constitution to the Supreme Court, the necessary rules and regulations for the implementation of
this Act shall be jointly promulgated by the Department of Justice and Department of Social
Welfare and Development.
Said Departments shall, in consultation with the Department of the Interior and Local Government,
Philippine National Police, Council for the Welfare of the Children, National Youth Commission,
Commission on Human Rights, Child Rights Center, and child-focused NGOs, issue such rules and
regulations within one (1) year from the effectivity thereof.

SEC. 93. Separability Clause, If, for any reason, any section or provision of this Act is
declared unconstitutional or invalid by a competent court, the other sections or provisions hereof not
affected by such declaration shall remain in full force and effect.

SEC. 94. Amendatory and Repealing Clauses. - The Child and Welfare Code (PD 603),

the Local Government Code of 1991 (RA 7160), as amended, the Revised Penal Code, Section $7


of the PNP Reform Act (RA 8551), the Probation Law (PD 968), the Special Protection of Children
Against Abuse (RA 7610), and the Family Courts Act (RA 8369), are hereby amended or modified
accordingly.

All other laws, orders, decrees, rules and regulations or issuances inconsistent with the
provisions of this Act are hereby repealed, modified or amended accordingly.

SEC. 95. Effectivity. - This Act shall take effect after fifteen (15) days from its publication
in at least two (2) national newspapers of general circulation.

Approved,