13th Congress of the Republic 
) 
of the Philippines 
1 
First Regular Session 
) 
S. No. 
I 
Introduced by Senator Aquilino Q. Pimentel Jr. 
EXPLANATORY NOTE 
Only Jul 20, 1990, the Philippine Sinate, through Resolution No. 109, 
ratified the Co 1 
vention on the Rights of Children paving the way for the 
implementation of its provisions in the domestic level. 
Articles 37, 38 and 39 of the said convention deal with the treatment of 
juvenile persons. These articles, among other things, prohibit torture, the 
imposition of cruel, inhuman and degrading treatment or punishment against 
children, and provide for the promotion of the physical and psychological 
recovery and social integration of a child victim. Moreover, every child accused 
of having infringed the penal laws is presumed innocent until proven otherwise. 
Aside from this instrument, there are three International guidelines on 
Juvenile Justice System, namely: the UN Standard Minimum Rules for the 
Administration of 
for the Prevention 
Nations Rules for 
ustice (Beijing Rules); the United Nations Guidelines 
Delinquency (Riyadh Guidelines); and the United 
of Juvenile Deprived of their Liberty. 
This bill seeks to incorporate the principles of these international 
instruments on juvenile justice system. 
Under this bill, a child 12 years of age or under at the time of the 
commission of the crime is exempt from criminal liability, but shall be placed 
under delinquency prevention program provided herein. The same exemption 
applies to a child above 12 but below 15, unless he/she acted with discernment. 
A system of diversion as an alternative measure to court proceedings for 
juvenile persons is introduced. It aims to provide a continuing program for the 
rehabilitation and re-integration of the child offender. The system involves the 
Katarungan Pambarangay, police and prosecution. 
Under this proposed measure, community based services and programs 
are developed for the prevention of juvenile delinquency. A comprehensive 
juvenile delinquency prevention plan shall be instituted in the local government 
units, in coordination with lead government agencies like the Department of 
Justice, Department of Education, Culture and Sports, the Department of Social 
Welfare and Development and related agencies. 


The Office of the Juvenile Justice and Delinquency Prevention to be 
created and placed under the DOJ is tasked to oversee and supervise the 
implementation of this proposed Act, and to monitor and assess the delinquency 
prevention programs of national and local governments, 
The Philippine National Police shall designate a Child and Youth 
Relations Officers or Unit (CYRO/CYRU) in every city or municipality to handle 
cases involving children in conflict with the law. 
To afford full protection for children, the crimes of vagrancy, prostitution 
and mendicancy shall not be applied to them. 
The justice system in the country will greatly improved if the best interests 
of the children are taken into primordial consideration. The passage of this bill 
therefore is earnestly requested. 
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13fl7 Congress of the Republic 
First Regular Session 
of the Philippines 
Introduced by Senator Aqudino Q. Pimentel Jr. 
AN ACT 
ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE 
SYSTEM AND DELINQUENCY PREVENTION PROGRAM, 
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 I. GOVERNING PRINCIPLES AND STRUCTURES N THE 
ADMINISTRATION OF JUVENILE JUSTICE 
CHAPTER I. GENERAL PRINCIPLES AND POLICIES 
SECTION 1. Title and Scope. - This Act shall be known as " The Juvenile 
Justice and Delinquency Prevention Act of 2004". shall cover the different stages 
involving children in conflict with the law from prevention to rehabilitation and 
reintegration into society. 
SEC. 2. Framework of Restorative Justice. - This Act shall adopt the 
framework of restorative justice which aims at rehabilitating the child, providing 
restitution in favor of the victim and fostering peace in the community. 


SEC. 3. Declaration ofstate Policy. - The State recognizes the vital role of 
youth in nation building and shall promote and protect their physical, moral, 
spiritual, intellectual and social well-being. It shall inculcate in the youth 
patriotism and nationalism, and encourage their involvement in public and civic 
affairs. 
Pursuant to Article 40 of the United Nations Convention on the Rights of 
the Child, the State recognizes the right of every child who is 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 for dealing 
with such children without resorting to judicial proceedings, providing 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. 
The administration of juvenile justice shall take into consideration the 
cultural and religious perspective of the Filipino people, particularly the 
indigenous peoples and the Muslims ‘consistent with the protection of the rights 
of children belonging to these communities. 
SEC. 4. Fundamental Principles on the Administration of Juvenile Justice 
and Delinquency Prevention. - The State adopts the following fundamental 
principles: 
1. The prevention of juvenile delinquency is an essential part of crime 
prevention in society. 


2. Community -based services and programs should be developed for the 
prevention of juvenile delinquency, particularly where no agencies 
have yet been established. Formal agencies of social control should 
only be utilized as a means of last resort. 
3, No child shall be subjected to harsh or degrading correction or 
punishment measures at home, in school or in any other institution. 
4. No child shall be deprived of his or her liberty unlawfully or 
arbitrarily. 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. 
5. A child deprived of his or her 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 or other competent, independent and impartial body 
and to a prompt decision on any such action. 
6. The disposition taken by the competent authority on children in 
conflict with the law shall always be in proportion not only to the 
circumstances and the gravity of the offense but also to the 
circumstances and the needs of the child as well as to the needs of the 
society. 
7. Restrictions on the personal liberty of children in conflict with the law 
shall be imposed only after careful consideration and shall be limited 
to the possible minimum degree. 
8. Children detained in facilities shall be guaranteed the benefit of 
meaningful activities and programs which would 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. 
9. Neither capital punishment nor life imprisonment without possibility 
of parole or release shall be imposed for any crime committed by 
children. 
10. Children deprived of personal liberty shall not for any reason related 
to their status be denied the civil, political, social or cultural rights to 
which they are entitled under national or international law, and which 
are compatible with the deprivation of liberty. 
21. The competent authorities shall constantly seek to increase the 
awareness of the public that the care of detained children in conflict 
with the law and the preparation for their return to society is an 
invaluable social service. 
SEC, 5. Adoption of International Standards on Juvenile Justice. - The 
provisions of 
the United Nations Standard Minimum Rules for the 
Administration of Juvenile Justice or ”Beijing Rules”, United Nations Guidelines 
for the Prevention of Juvenile Delinquency or ”The Riyadh Guidelines”, U.N. 
Rules for the Protection of Juveniles Deprived of Liberty shall be adopted as part 
of this Act. 
SEC. 6. Best Interest of the Child and Child Participation. - Proceedings 
before any authority shall be conducted in the best interest 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. 7. Minimum Age of Criminal Responsibility. - A chiId twelve (12) 
years of age or under at the time of the commission of the offense shall be 
exempt from crimina1 liability. However, he/she shall be subjected to a 
delinquency prevention program pursuant to Section 28 of this Act. 
A child above twelve years but below fifteen years of age shall likewise be 
exempt from criminal liability, unless he/she has acted with discernment, in 
which case, such child shall be subjected to a delinquency prevention program 
and shall be proceeded against in accordance with this Act. 
A child fifteen years and below eighteen 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. 8. 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. 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, 
after notice, decide the case within forty-eight (48) hours from its receipt of the 
appropriate pleadings of all interested parties. 


SEC. 9. Rights of an Accused Child. - Every child alleged as or accused of 
having infringed the penal law shall have the following rights in addition to 
those that are provided under existing law: 
1. To be presumed innocent until proven guilty according to law; 
2. To be informed promptly and directly of the charges against him or 
her, if appropriate, through his or her parents or legal guardians, and 
to have legal or other appropriate assistance in the preparation and 
presentation of his or her defense; 
3. To have the matter determined without delay by a competent, 
independent and impartial authority or judicial body in a fair hearing 
according to law, in the presence of legal or other appropriate 
assistance and, unless it is considered not to be the best interest of the 
child, in particular, taking into account his or her age or situation, his 
or her parents or legal guardians; 
4. Not be compelled to give testimony or to confess guilt; to have the 
adverse witness examined and to obtain the participation and the 
examination of the witness on his or her behalf under conditions of 
equality; 
5. If considered to have infringed the penal law, to have the decision and 
any measure imposed in consequence thereof reviewed by a higher 
competent, independent and impartial authority or judicial body; 
6. To have the free assistance of an interpreter if the child cannot 
understand or speak the language used; 
7. To have his or her privacy fully respected in all stages of proceedings, 
and 
8. Such other rights as mat be availed of under existing laws. 


CHAPTER II. DEFINITIB 
SEC. 10. Definition of Terns. - The following terms as used in this Act 
shall be defined as follows: 
a. Child - shall refer to a person under the age of 18 years. 
b. Child in conflict with the law - shall refer to a person below eighteen 
years of age who is alleged as, accused of, or recognized as having 
committed an offense under Philippine laws. 
c. 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. 
e. 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, administrative or other public authority. 
f. Youth Detention Center - shall refer to a child caring institution 
providing short term resident care for children in conflict with the law 
who are awaiting court disposition of their cases or transfer to other 
agencies or jurisdiction. 
g. Youth Rehabilitation Center - shall refer to an institution that receives 
and rehabilitates children in conflict with the law or other disturbed 
children. 
h. Take into custody - shall refer to the moment when the child is arrested 
by law enforcement officers, barangay officials or any private person. 
i. Detention - shall refer to the effective limitation of the liberty of 
movement. 


j. Juvenile Justice System - shall mean proceedings starting from initial 
contact, including diversion proceedings, court proceedings after the 
filing of the proper information and until the disposition of the case 
against child. 
k. Diversion - shall refer to an alternative child-appropriate process of 
determining a child’s responsibility for an alleged offense as well as in 
determining the measures, if any, to be undertaken by the child and 
other persons without resorting to formal court adjudication. 
1. Diversion program - shall refer to programs that the child is required to 
undergo after he is found responsible for an offense without resorting 
to formal court litigation. 
m. Community-based programs - shall refer to the programs established 
for the purpose of rehabilitation and preparation of the child for re- 
integration into the community. 
n. Child and Youth Relations Unit or Offcer - shall refer to the Children 
and Youth Relations Unit or Officer designated to handle cases 
involving children in conflict with the law. 
0. Katarzlngang Pambarangay - shall refer to a body created pursuant to 
Sections 408-422 of Republic Act No. 7160 otherwise known as the 
Local Government Code of 1991. 
p. Special Prosecutor’s Unit - shall refer to a special section of the 
Prosecutor’s Office 
of 
every city 
jmd 
municipality whose 
members/staff have been trained and assi ned to conduct preliminary 
investigations and to prosecute cases of children who have been 
alleged as or accused of violating penal laws. 
f 
q. Special Child Prosecutor - shall refer to the member of the Special 
Prosecutor’s Unit. 


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r. Public Defenders for Children - shall refer to a special section of the 
Public Attorney’s Office (PAO) of every city and municipality who 
have been trained and assigned to defend cases involving children 
who have been alleged as or accused of violating penal laws. 
TITLE 11. ADMINISTRATION OF JUVENILE JUSTICE AND 
DELINQUENCY PREVENTION 
CHAPTER I. GOVERNMENT AGENCIES INVOLVED 
SEC. 11. Existing Government Agencies; Their Functions. - For effective 
implementation of this Act, appropriate coordinating mechanisms shall be 
established to rationalize the different programs on juvenile justice. For this 
purpose, the following government agencies shall execute their functions under 
this Act: 
a. Council for the Welfare of Children (CWC). - It shall coordinate the 
implementation and enforcement of 
all laws, evaluates the 
implementation of policy, and all programs and services relative to the 
promotion of child and youth welfare, advocates and recommends to 
the President and other appropriate agencies for implementation on a 
nationwide scale when appropriate, new innovative pilot programs 
and services for the general welfare of children and youth. 
b. Department of Justice (DOJ). - The Department of Justice shall, 
through the PAO, provide legal services to children in conflict with the 
law. It shall also assign Special Child Prosecutors in all cases involving 
children in conflict with the law. 
c. Department of Social Welfare and Development (DSWD). - It shall 
accredit institutions and organizations engaged in providing diversion 


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services, rehabilitation, counseling and other services for children in 
conflict with the law. The DSWD Regional Office shall establish, 
operate, promote and support, at the minimum, a Rehabilitation 
Center for Youth Offenders and, insofar as necessary and authorized 
by the Secretary of DSWD, other centers for youth offenders. 
d. Department of Education, Culture and Sports (DECS). - It shall include 
in its programs delinquency prevention, provision of opportunities for 
the youth consistent with state policies under the Constitution and the 
teaching of the rights of the child. 
e. Department of Interior and Local Governments (DILG) and the 
Philippine National Police (PiVP). - It shall assist the President in the 
exercise of general supervision over local governments in the 
implementation of the plans and programs as provided in this Act. 
The Philippine National Police shall designate a Children and 
Youth Relations Section or Unit to handle matters involving children 
in conflict with the law. 
f. Local Government Units (LGUs). - Under this Act, provinces and cities 
shall establish separate youth detention centers. All LGUs shall also 
formulate and imprement a three-year comprehensive juvenile 
delinquency and prevention plan. 
g. Commission on Human Rights. - It shall strengthen the existing Child 
Rights Center by establishing a section or unit in every Regional Office 
of the Commission. 
h. Family Courts. - Family Courts shall be established in every city or 
municipality in accordance with R.A. No. 8369 


SEC. 12. 
Oflice of the Juvenile Justice and Delinquency Prevention 
(OJJDP) - An Office of Juvenile Justice and Delinquency Prevention is hereby 
created and established under the Department of Justice headed by an 
Administrator with rank equivalent to an Undersecretary to oversee the 
implementation of this Act and ensure coordination among the concerned 
agencies as mentioned in Section 11 hereof. It shall be created within one year 
from the effectivity of this Act. 
SEC. 13. Duties and Functions of the OJJDP. - The OJJDP shall have the 
following duties and functions: 
1. To oversee and supervise the implementation of this Act; 
2. To advise the President through the Department Secretary on all 
matters and policies relating to juvenile justice and delinquency 
prevent ion programs; 
3. To assist agencies 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 administered; 
5. To implement national juvenile delinquency programs and activities 
among national government agencies and other activities which may 
have an important bearing on the success of the entire juvenile 
delinquency effort; 


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6. To develop a comprehensive three to five year plan for juvenile justice, 
with the participation of government agencies concerned, NGO’S and 
youth organizations; 
7. To collect relevant illformation and conduct a continuing research in 
relation to juvenile justice, analyze the data gathered for use in the 
improvement of the administration of juvenile justice and set up a 
mechanism to ensure that children themselves are involved in research 
and policy development; 
8. To periodically review and appraise the trends, problems and causes of 
juvenile delinquency and crime as well as the varying particular needs 
of juveniles in custody; 
9. To formulate and recommend policies, programs 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 persons, on a regular 
basis in detention and rehabilitation facilities and to undertake spot 
inspections on their own initiative; 
11. To conduct trainings for the personnel of the agencies involved in 
administration of the juvenile 
delinquency prevention and in the 
justice system. 
12. To coordinate with the Council for the Welfare of Children and other 
agencies involved in juvenile justice in all its activities and functions; 
and 
13. To publish an annual report on the implementation of this Act. 


SEC. 14. Child Rights Center (CRC). - The existing Child Rights Center of 
the Commission on Human Rights shall be strengthened by establishing a 
section or unit in every Regional Office of the Commission. The Center shall 
ensure that the status, rights and interests of children are upheld. 
SEC. 15. 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; and 
2. To provide child advocacy services. 
CHAPTER 11. OTHER INSTITUTIONS 
SEC. 16. Other Institutions Focused on Juvenile Justice And Delinquency 
Prevention. - In addition to the child and youth welfare agencies defined under 
Section 117 of P.D. 603, institutions that can provide special services for children 
in need of parental supervision, guidance, care, counseling, diversion services 
and other programs for children in conflict with the law and their parents, may 
be established by private or public organizations. 
SEC. 17. Accreditation of Agencies Established in Relation to Juvenile 
Justice. - The provisions under P.D. 603 related to child and youth welfare 
agencies, such as accreditation and licensing, shall be applicable to institutions 
created under the Section 15 of this Act. These institutions may enter into 
agreements with the police, local governments units, DSWD, DOJ and the Family 


. 
Courts to provide services, such as diversion programs, temporary shelter and 
counseling for children in conflict with the law. 
The DSWD shall, in consultation with the Commission on Human Rights, 
formulate the standards and effect the accreditation of agencies established in 
relation to juvenile justice. 
TITLE 111. PREVENTION OF JUVENILE DELINQUENCY 
CHAPTER I. THE ROLE OF THE DIFFERENT SECTORS 
SEC. 18. The Family. -.The family shall be responsible for the primary 
socialization of children which is important in delinquency prevention. 
Governmental and social efforts to preserve the integrity of the family, including 
extended family, shall be pursued. 
SEC. 19. The Educational System. - As far as practicable, educational 
institutions shall work together with parents, community organizations and 
agencies concerned with the activities of children. 
Educational institutions shall also establish a system of dealing with 
students who commit offenses within the school. 
SEC. 20. The Role of the Mass Media. - The mass media shall play an 
active role in the promotion of all programs relating to the prevention of drug 
abuse and other forms of delinquency by relaying consistent messages through a 
balanced approach. 
SEC. 21. Establishment and Strengthening of Local Councils for the 
Protection of Children. - Local Councils for the Protection of Children shall be 


established in all local government units and strengthened, where they have 
already been established, within one (1) year from effectivity of this Act. 
The membership of these local councils shall be taken from responsible 
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 (NGO) 
or private agency concerned with the 
welfare of children. 
These councils shall coordinate with and assist the local government unit 
concerned in adopting a comprehensive plan on delinquency prevention and be 
the primary agency to oversee its implementation. 
SEC. 22. Appointment of Local Social Welfare and Development OfSicer. - 
All provinces, cities and municipalities shall appoint local social welfare and 
development officers primarily tasked t assist children in conflict with the law. 
At the barangay level, a Barangay Counc 1 for the Protection of Children (BCPC) 
shall be established pursuant to Section 20 hereof which shall designate one of its 
members or a member of a child- focused NGO in the barangay or other 
responsible person for this purpose. 
1 
SEC. 23. The Sangguniang Kabataan (SK). - The Sangguniang Kabataan 
shall actively involve itself in the formulation and implementation of 
delinquency prevention and diversion programs in the community. It shall 
coordinate with local councils for the protection of children for this purpose. The 
SK shall, as far as practicable, devote at least 50% of its annual budget to 
delinquency prevention programs for the youth. 
CHAPTER 11. COMPREHENSIVE DELINQUENCY PREVENTION PLANS 


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SEC. 24. Development of a comprehensive Juvenile DeEinquency 
Prevention Plans. - Comprehensive juvenile delinquency prevention plans 
covering at least a three-year period shall be instituted in local government units 
from the barangay to the provincial level. 
SEC. 25. Budget for Juvenile Delinquency Prevention Programs. - The 
local government units shall set aside in their annual budget an amount 
necessary to implement their respective juvenile delinquency programs, 
SEC. 26. Planning Process. - 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 organizations, educational institutions and government 
agencies involved in delinquency prevention like the DSWD, PNP, DOJ. and 
DECS 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. 
SEC. 
27. Periodic Review and Assessment of 
the Comprehensive 
Delinquency Prevention Plans. - The Comprehensive Delinquency Prevention 
Plans shall be reviewed and assessed yearly by the local government units in 
coordination with the local councils for the protection of children. Result of the 
assessment shall be submitted to the OJJDP every March 30 of the year. 


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SEC. 28. Delinquency Prevention Programs with Community- Approach. - 
Delinquency prevention programs with community-approach 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 needs, problems, interest and concerns of young persons and which offer 
appropriate counseling and guidance to them and their families. These programs 
shall consist of three levels, namely: 
a. Primary prevention which includes general measures to promote 
social justice and equal opportunity, which tackles perceived root 
causes of 
offending such as poverty and other forms of 
marginalization. 
b. Secondary prevention which includes measures to assist children who 
are identified as being more particularly at risk, such as those whose 
parents are themselves in special difficulty or are not caring 
appropriately for them. 
c. Tertiary prevention which involves schemes to avoid unnecessary 
contact with the formal justice system and other measures to prevent 
repetition of the offense. 
In all thee levels of prevention, official intervention guided by fairness 
and equity shall be pursued primarily in the overall interest of the child. 
CHAPTER 111. TREATMENT OF CHILDREN IN NEED OF PARENTAL 
SUPERVISION AND GUIDANCE 


SEC. 29. Children in Need of Parental Supervision and Guidance. - The 
following children may be considered as inmeed of parental supervision and care 
and shall be treated in accordance with this Chapter: 
1. children below twelve years old who have committed an offense but 
are exempt from criminal responsibility; 
2. Children used by criminals in the commission of crime; 
3. Street children who may be runaways, abandoned, maltreated, abused 
and neglected; and 
4. Those recommended by the OJJDP based on their research. 
SEC. 30. Children Below the Age of Criminal Responsibility. -If it has 
been determined that the arrested child is twelve years old and 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 or in the absence 
of the two, the child’s nearest relative or any accredited child caring agency. If 
the offense alleged t;O be committed by the child has been determined as a serious 
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offense, the child Ghall be referred to the local social welfare officer for the 
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determination of appropriate prevention programs in consultation with the child 
and anyone having custody over his/ her person. 
SEC. 31. Children Used in Criminal Activities. - If it has been determined 
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 parent. If the offense alleged to have been committed by the child has been 
determined as a serious offense, the child shall be referred to the local social 
welfare officer for the determination of appropriate prevention programs in 


consultation with the child and his parents or guardians or in the absence of the 
two, the child’s nearest relative or family friend. 
SEC. 32. Street children. - The local government units particularly in 
urban areas shall include programs for street children in their delinquency 
prevention programs, such as temporary shelter, referral to foster homes, child- 
caring institutions and eventual reintegration with the family or placement for 
adoption. 
SEC. 33. Duty of the DSWD to File Proper Petition for Involuntary 
Commitment. - If the child referred to in Section 28 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 Presidential Decree No. 603. 
TITLE IV. JUVENILE JUSTICE SYSTEM 
CHAPTER I. INITIAL CONTACT WITH THE CHILD 
SEC. 34, Initial Contact with the Child. - The child comes into an initial 
contact with the juvenile justice system when he/she is: (1). Taken into the 
custody by a police officer or barangay fanod; (2). Taken into the custody by a 
private individual making a citizen’s arrest; (3). Issued summons by the Barangay 
Council; and (4). Issued summons by the prosecutor’s or judge of the municipal 
trial court as the case may be. The provisions of this chapter shall apply from 
initial contact with the child until the final disposition of the case in court. 


uty to Inform the Child of Hi 
r OfSense. - The competent 
authorities are duty-bound to explain to the child in a language known and 
understood by him/her the consequences of his/ her acts and/or omission. In the 
presence of the parents or guardians, the child’s responsibility for the 
commission of any offense shall be explained to him or her with a view towards 
counseling and rehabilitating him or her avoiding his or her contact with the 
criminal justice system, and indemnifying the victims if necessary in accordance 
with law. 
SEC. 36. Procedure of Taking the Child into Custody. - From the moment 
a child is taken into custody by any of the persons authorized, he/she shall: 
1. Immediately inform the child of the reason for such custody and 
advise the child of his or her rights in a language that is understood by 
the child; 
2. He or she shall identify himself to the child and present identification 
paper if he/ she is not in uniform; 
3. Not employ unnecessary force or sexual advances during such 
proceedings; 
4. Not use vulgar or profane words; 
5. Not use handcuffs or other instruments of restraint on the child unless 
absolutely necessary; 
6. Notify the local social welfare and development officer within 6 hours, 
as far as practicable, from the time the apprehension is made, who 
shall in turn notify the parents or guardians within another 6 hours 
from such custody; and 
7. Take the child immediately after apprehension to the proper medical 
or health officer for a thorough physical and mental examination, 


Whenever the treatment of any physical or mental defect of a child is 
required, steps shall be immediately undertaken to provide the same. 
For private individuals making a citizen’s arrest, he/she shall 
immediately turn over the child to the police. 
SEC. 37. InitiaZ Inquiry. - The authority who has initial contact with the 
child shall conduct an initial inquiry to determine the following: 
1. 
2. 
The age of the child pursuant to Section 7 of this Act; 
The imposable penalty of the offense for which the child was 
apprehended or summoned in order to determine where the case 
should be referred to. 
The initial inquiry shall be conducted in the presence of the child’s parents 
or guardian, local social welfare and development officer, the nearest relative 
member of child-focused group, religious group or BCPC member. 
SEC. 
38. Duty After InitiaE Inquiry. - After the initial inquiry, the 
authority conducting initial inquiry may do any of the following: 
a. Proceed in accordance with Section 30 if the child is 12 years old and 
below; 
b. If the child is above 12 years old, he may be referred to the following: 
1. Katarungang Pambarangay, if the imposable penalty for the offense is 
equal to or less than one (1) year or a fine not exceeding P5,OOO: 
Provided, That in determining the penalty of the offenses 
cognizable by the Kafarungang Pambarangay, the provision of 
Section 53 hereof shall apply. 
2. Child and Youth Relations Unit, as provided in Chapter I1 (D), if 
the prescribed penalty for the offense charged exceeds one (1) year 


SEC. 
after considering the privileged mitigating circumstance of 
minority and regardless of imgosable fine, for further investigation, 
unless the case was filed directly before the Office of the Prosecutor 
in which case he shall be the one to conduct the investigation. 
CHAPTER 11. ID1 
39. System of Diversion. - Children in conflict with the law shall as 
much as p ssible be referred to alternative measures without undergoing court 
proceedin s subject to the conditions hereinafter provided. 
P 
- Diversion shall be conducted at three levels 
(b) police, and (c) prosecution. The Lupong 
child prosecutors are the competent 
SEC. 41. Indigenous Modes of Diversion. - Indigenous modes of conflict 
resolution in harmony with international and national human rights and child 
rights standards shall be resorted to and encouraged. The child’s and his/her 
family’s active participation in efforts towards conflict-resolution shall be 
optimized. The family shall be held answerable as well as exercise care and 
supervision over the person of the child. 
SEC. 42. Referral of the case to the Special Prosecutor’s Unit. - The 
competent authorities shall refer the case to the office of the Special Child 
Prosecutor for preliminary investigation to determine whether or not a prima 
facie case exists. 
~ 


SEC. 43. Admission Q$ the act alleged, - If the child volluntarily admits 
the commission of the act alleged, the competent authorities may propose a 
diversion program to be undertaken by the child. The proposed diversion 
program, if accepted, must be in writing and signed by the child and his/her 
parents or legal guardian. 
If the child does not admit the commission of the act alleged and the 
weight of the evidence presented shows that the child conclusively committed 
such act, the competent authorities shall endeavor to make the child realize his 
responsibility and obligation arising from the commission of such act as well as 
its consequence. 
Any admission of a child during any stage of the diversion proceedings, 
for an act alleged shall be inadmissible in evidence against the child in any 
proceeding should the diversion proceeding fail. 
SEC. 44. Diversion Programs; When proper. - Where the parties 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. 45. Factors in Determining Diversion Program.- 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; 
2. The frequency and the severity of its occurrence; 
3. The character and reputation of the child; 
4. The circumstances of the accused child (e.g. age, maturity, intelligence, 
etc,.); 


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5. The influence of the family and environment on the growth of the 
child; 
6. The emotional relief of the victim; 
7. The weight of the evidence against the child; and 
8. The safety of the community. 
SEC. 46. Criteria for formulating Diversion Programs. - 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. 47. Diversion Programs. - The diversion program shall include 
adequate socio-cultural and psychological responses and services for the child. 
Diversion programs shall include, but not limited to, the following: 
1. written or oral reprimand or 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 conflict 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 available in the community; and, 
13. institutional care and custody. 
8. Criteria of Community-Based Programs. 
Every city and 
municipality shall establish program, through the local government unit, that 
will focus on the rehabilitation and re-integration of the child. All programs 
shall 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-centered agencies 
whether public or private. 
SEC. 49. Community-Based Programs. - Community-based programs 
shall consist of, but shall not be limited to (1) community service; and (2) 
membership in- civic and/ or religious organizations. 
SEC. 50. Conditions for Diversion Programs. - In all cases where a child 
is required to undergo a diversion program, the following conditions shall be 
mandatory: 


1. A contract of diversion containing the diversion program to be 
undergone by the child shall be signed by the authority concerned and 
the child and his/her parents or legal guardian; 
2. 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; 
3. The child shall cooperate and faithfully comply with the conditions in 
the contract; 
4. Competent authorities and/ or the local social welfare and 
development officer shaIl visit the child’s home for surprise visits; and 
5. The child and other parties concerned shall satisfy other conditions 
related to the diversion program as long as such conditions are not 
contrary to law, moral and kood customs. 
SEC. 51. AppZicabiZity. - Unless otherwise provided in this Act, the 
provisions of the Katarungang Pambarangay Law are hereby adopted and shall 
apply as part of the diversion process of the administration of juvenile justice, 
The proceedings in the Katarungang Pambarangay shall apply even if both 
parties actually reside or are in barangays of different cities or municipalities. 
SEC. 52. Jurisdiction. - The Katarungang Parnbarangay shall have 
jurisdiction over offenses punishable by imprisonment not exceeding one (1) 
year or a fine not exceeding Five Thousand Pesos (P5,OOO). 


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SEC. 53. Determination of Penalty. - In determining the penalty of the 
offense for purposes of determining the jurisdiction of the barangay conciliation, 
the privileged mitigating circumstance of minority shall be applied as provided 
in Section 68 of the Revised Penal Code. If, after having applied the mitigating 
circumstance of minority, the minimum penalty is imprisonment of less than one 
year, the case shall fall under the jurisdiction of Katarungang Pambaranguy. 
SEC. 54. Trainings of the Lupong Tagaparnayapa. - In addition to the 
requirement provided in Section 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 local social welfare and development 
officer and NGOs specializing on child protection, which trainings shall include, 
among others, conflict management and mediation skills, paralegal seminars on 
laws affecting children, and child psychology. 
SEC. 55. Venue. - (a) AI1 disputes shall be brought in the baranguy where 
the child resides. 
(b) Where the child’s residence cannot be ascertained as in the case of the 
homeless, abandoned or street children, or where the child’s residence is in 
another place and it is not practicable for 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 the people or where he or she normally frequents or 
to the burangay where the offense was committed at the instance of the offended 
party taking into consideration the best interests of the child in all circumstances. 
SEC. 56. Assistance of Child by 
arents, others.- Aside from the 
requirement under Section 82 that all proceedings shall be in the presence of the 


persons enumerated therein, any agreement resulting in the barangay 
conciliation shall be signed by the child and his or her parents or legal guardian. 
SEC. 57. ReferraE to Diversion Programs. - In the process of conciliation, 
the Lupan or the Pangkat as the case may be shall encourage the inclusion of 
community service program or other forms of diversion in the settlement. 
SEC. 58. Arbitration; when proper. - In all cases where the parties cannot 
reach an amicable settlement through mediation and conciliation proceedings, 
the Lupong Tagapamayapa shall motu proprio have the authority to go through 
arbitration proceedings. 
CHAPTER IV. CHILD AND YOUTH 
S UNIT OF THE PNP 
SEC. 59. Designation of Oflicer or 
Children in Conflict with the Law. - The PNP shall designate a Child and Youth 
Relations Officer or Unit (CYRO or CYRU) in every city or municipality to 
handle cases involving children in conflict with the law. 
SEC. 60. Procedure before the CYR - Cases involving children in conflict 
with the law shall be referred to the CYRU who shall conduct an initial inquiry in 
accordance with Section 37 of this Act. 
I 
SEC. 61. Duty of the CYRU. - After the initial inquiry, if the child is found 
to be twelve years old and above and the offense does not fall under the 
Kafarungang Pambarangay, the CYRU or the CYRO shall conduct further 
investigation of the child in accordance with the provisions of this Act. 


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SEC. 62. Manner of Investigation of a Child in Conflict with the Law. - 
A child shall only be investigated or his statement secured in the presence of his 
parents/ guardian, the nearest relative, member of child-focused group, religious 
group, BCPC member or the local social welfare and development officer, and 
his/her counsel. In their presence, the child shall be informed of his/her 
constitutional rights to remain silent and to have competent and independent 
counsel of his own choice. If the child cannot afford the services of counsel, 
he/she must be provided with one, free of charge. 
No torture, force, violence, threat, intimidation or any other means that 
vitiate the free will shall be used against the child and any confession or 
admission in violation of these rights shall be inadmissible in evidence against 
him/ her. 
SEC. 63. Subject of the Investigation of Child in Conflict with the Law. - 
In the conduct of investigation, the following shall be considered: 
1. the facts of the case, including the details necessary to determine the 
cause or causes of action in court; 
2. the previous police record, if any 
3. the previous court or social agency records, if any 
1. the attitudes of the child, his/her parents and the complainant 
toward the act; and 
2. the adjustment of the child in the home, school and community. 
SEC. 64. Diversion; when proper. - After investigation, if the imposable 
penalty for the offense, after considering the privileged mitigating circumstance 
of minority, is less than two years imprisonment, the CYRU/CYRO concerned in 


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consultation with the child, his/her parents or guardians and the local social 
welfare and development officer shall adopt the appropriate diversion program 
pursuant to Sections 46-52 of this Act. 
If the child has no parent, any of the following may petition the court to be 
appointed as the child‘s legal guardian: (1) the nearest relative, (2) a member of a 
child-focused group, (3) a member of a religious group (4) a member of the 
BCPC. If found to be neglected, abandoned and abused, aside from the above 
dispositions, the DSWD shall file a petition for involuntary commitment of the 
child pursuant to P.D. 603. 
SEC. 65. Duty of CYRU 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 CYRU 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. 
TERV. THE PROSE 
SEC. 66. Duty of the Prosecutor’s Oflice. - Any case involving a child in 
conflict with the law filed before the Prosecutor’s Office shall be referred to the 
Special Child Prosecutor’s Unit to be established in every city or municipality as 
provided for in this Act. 


SEC. 67. Diversionfromfomal trial; when proper. - The Special Child 
Prosecutor shall conduct a preliminary investigation taking into consideration 
the circumstances of the child alleged as or accused of having committed an 
offense. 
The proceedings shall be conducted in the manner that the rights of the 
child are protected, particularly the right to counsel. If the evidence warrants the 
filing of formal charges, the special child prosecutor 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 and his/her parents or legal guardian consented to such 
diversion; and 
3. The imposable penalty after considering the privileged mitigating 
circumstance of minority does not exceed four years imprisonment. 
SEC. 68. Alternative to Formal Court Process. - Where diversion is 
proper, the special child prosecutor shall, in consultation with the child, his or 
her parents or guardians, the offended party and the SSCD, determine the type 
of diversion programs the child shall be subjected to within sixty (6) days from 
the date of referral. 
SEC. 69. Filing of Complaint or Information. - Where the conditions for 
diversion under Section 50 are 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. 70. Application for Warrant of Arrest; Bail. - The application for 
issuance of a warrant of arrest filed by the special child prosecutor shall include a 


recommendation for bail, specifying the amount thereof pursuant to the Rules of 
Court, This provision shall apply in all cases even if the offense is classified as 
non-bailable. 
SEC. 71. Release on Recognizance. - 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 SSCD, release the child alleged to have committed an 
offense on recognizance to the custody of his parents or other suitable person 
who shall be responsible for his appearance whenever required by the court. 
CHAPTER VI. PUBLIC DEFENDERS FOR CHILDREN 
SEC. 72. Public Defenders for Children. - The Chief Public Attorney of the 
Public Attorney’s Office (PAO) shall designate Public Defenders for Children to 
handle cases involving children in conflict with the law who cannot be 
represented by competent and independent counsel of their own choice. Such 
public defenders for children shall provide free legal services to these children in 
all stages of the proceedings. 
SEC. 73. Duties of Counsel for the Child. - The representative from the 
Public Defenders for Children shall see to it that the rights of the child are 
respected and protected. Counsel shall, in all cases where it is allowed by law, 
insist that diversion proceedings be undertaken whenever a child is accused of or 
alleged or recognized as having committed an offense. In all cases where such 
rights are violated, counsel shall file a complaint before the Child Rights Center 
for the conduct of investigations. 


SEC. 74. Duty of the Social Services and Counseling Division. - Once the 
case of an accused child is referred to the Family Court, the SSCD shall provide 
appropriate social services to the child and recommend the proper social action 
as mandated by the Family Courts Act. 
SEC. 7’5. Settlement and Plea Bargaining. - The Court shall explore 
possibilities of settlement and plea-bargaining as a last diversion measure. 
SEC. 7’6. Automatic Suspension of Sentence. - 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. 
SEC. 77. Various Disposition Measures. - Upon suspension of sentence 
and after considering the various circumstances of the child, the court shall 
impose, among others, any or a combination of the following disposition 
measures: 
1. 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. Orders to participate in group counseling and similar activities; 
7. Orders for living communities or Open centers; or, 
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. 
The SSCD shall monitor the compliance with any of the above disposition 
measures. 
SEC. 78. Probation as an Alternative to Imprisonment. - The court may, 
after it shall have convicted and sentenced a child in conflict with the law and 
upon application at any time of the said child, place him on probation in lieu of 
service of his sentence taking into account the best interest of the child. 
SEC. 79. 
Discharge of Child in Conflict with the Law. - Upon 
recommendation of a duly authorized officer, an appropriate center or the duly 
accredited child caring agency which has custody over the child and the SSCD, 
the court shall dismiss the case against the child who has been issued disposition 
measures and order the final discharge of the child if it finds that he/she has 
behaved properly and has displayed the capability to be 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. 


SEC. 80. Return of Child in Conflict 
th the Law to Court. - If the court 
finds that the child has not behaved properly, or has not shown the capability of 
becoming a useful member of society, or has willfully failed to comply with the 
conditions of his disposition or rehabilitation program, or should 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 
while in commitment, the court shall determine whether to dismiss the case in 
accordance with Section 79 of this Act, to pronounce judgment of conviction, or 
to extend the suspended sentence for a certain specified period or until the child 
reached the maximum age of twenty-one (21) years. 
SEC. 81. 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. 
CHAPTER VIII. ASSISTANCE OF PARENTS; CUSTODY; AND 
CONFIDENTIALITY 
SEC. 82. Assistance of Parents, Guardian anuor Social Worker. - In all 
diversion and court proceedings, the participation of the parents, if not inimical 
to the interest of the child, or legal guardian and the local social welfare and 
development officer shall be mandatory. 


SEC. 83. Custody and Supemision. - No child from initial contact until 
the case is filed in the Family Court shall be removed from parental supervision, 
whether partly or entirely, unless the circumstances of his or her case make 
protective custody necessary. The competent authorities conducting diversion 
proceedings shall immediately commit the child to the custody of the parents or 
legal guardian who shall be responsible for the presence of the child during the 
diversion proceedings. In the absence of the parents or legal guardian, the child 
shall be committed to the care of the nearest relative, BCPC member or the local 
social welfare and development officer. If necessary, the local social welfare 
office in coordination with DSWD may refer the child to the appropriate child- 
caring institution. 
SEC. 84. 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 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 guilty of perjury or of concealment or misrepresentation by reason of 


c 
his/her failure to acknowledge the case or recite any fact related thereto in 
response to any inquiry made to him for any purpose. 
TE 
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SEC. 85. 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. 86. Commitment Order Required. - 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 register. No child shall be detained in any facility where there is no such 
register . 
SEC. 87. Separate Detention Facilities From Adults. - In all detention 
facilities, children shall be separated from adults. They shall in no case be 
allowed to socialize with adult detainees, unless it is part of a special program 
that has been shown to be beneficial to the children concerned. 
SEC. 88. Female Ogenders. - 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 


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children concerned. They shall be handled exclusively by female doctors and 
social workers. 
SEC. 89. Detention of the Child Pending Trial. - 
Children detained 
pending trial may be released on bail or recognizance as provided for under 
Sections 70 and 71. 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 home established by local governments, pursuant to Section 8 of the 
Family Courts Act, in the city or municipality where the child resides. 
SEC. 90. Establishment of Detention 
me by Private Organizations. - 
Detention homes may also be established by private and non-government 
organizations accredited by the OJJDP. 
SEC. 91. Care and Maintenance of the Child in Conflict with the Law. - 
The parents or other persons liable to support the child shall pay the expenses for 
the care and maintenance of the child under institutional care. The disposition 
measure shall include the proportion of support if the parents or those liable to 
support the child shall not be capable of paying the whole amount. The rest shall 
be paid by the institution maintaining such a facility. If the parents of the child 
are indigents, the DSWD or the local government unit concerned shall shoulder 
such expenses. 


SEC. 92. Detention for Convicted Children in Conflict with the Law. - 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. 
SEC. 93. Duties of detention personnel. - 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. 
TITLE V. GENERAL PROVISIONS 
CHAPTER I. EXEMPT1 G PROVISIONS 
SEC. 94. Status oflenses. - Any conduct not considered 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 violation of this provision. 
SEC. 95. Ofleases not applicable to children. - Consistent with laws on 
child abuse, a person below eighteen of age shall be exempt from prosecution in 
the offense of vagrancy and prostitution under Section 202 of the Revised Penal 
Code, and mendicancy under P.D. 1563. 
. PROHIBITE 


SEC. 
100. Prohibition Against LabeEing. - In 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 ethics origins. 
SEC. 101. 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; 
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 their personality and dignity; 
4. Compelling the child to perform involuntary servitude in any and all 
forms under any and all instances. 
CHAPTER 111. PE AL PROVISIO 
SEC. 102. Violation of the Provisions of this Act or Rules or Regulations 
in General. - Any person who violates any provision of this Code or any rule or 


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regulation Ijromulgated 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 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, Re 
shall, in addition to such fine and/or imprisonment, be held administratively 
liable. 
IV. APPROPRIATION P 
SEC. 103. Appropriations- An initial amount of Ten Million Pesos for the 
purpose of setting up the OJJDP shall be taken from the proceeds of the 
Philippine Charity Sweepstakes Office. Thereafter such amounts as may be 
necessary for the implementation of this Act shall be in the annual General 
Appropriations Act. 
TITLE VI. TRANSITORY PROVISIONS 
SEC. 104. Children in Conflict with the Law 22 Years Old and Below. - 
Upon effectivity of this 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 or her to the 
custody of his or her parents, or refer him or her to prevention programs as 
provided under this Act. Those with suspended sentences and undergoing 


rehabilitation at the youth rehabilitation center shall likewise be released unless 
it is contrary to the best interest of the child. 
SEC. 105. Children Detained Pending Trial. - If the child is detained 
pending trial, the Family Court shall also determine whether or not continued 
detention is necessary and, if not, determine appropriate alternatives for 
detention, If detention is necessary and he is detained with adults, the court 
shall immediately order the transfer of the child to the youth detention home. 
SEC. 106. Children Who Reach the Age of 18 Pending Diversion and 
Court Proceedings. - If a child reaches the age of 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 measures. 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. 
TITLE VII. FINAL PRO 
SEC. 107. 
Rule Making Power. 
- The Department of Justice and 
Department of Social Welfare and Development in consultation with the DILG, 
PNP, CWC, NYC, CHR, and child-focused NGO, issue the necessary rules and 
regulations for the implementation of the provisions of this Act within one (1) 
year from the effectivity thereof. 


SEC. 108. 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. 109. Repealing Clause. - All existing laws, orders, decrees, rules and 
regulations or parts thereof inconsistent with the provisions of this Act are 
hereby repealed or modified accordingly. 
SEC. 110. Efsectivity. - This Act shall take effect after fifteen days from its 
publication in at least two (2) national newspapers of general circulation. 
Approved,