i 
\
,
 
THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
INTRODUCED BY HON. MANNY VILLAR 
i 
EXPLANATORY NOTE 
I 
The Council for the Welfare of Children reported that from 1995 to 2000, 
a total of 52,756 children have been in conflict with the law in the Philippines. 
Many of these cases involved detention of minors, often in the same cell as 
adult offenders. More than half of the crimes for which minors are charged are 
not serious offenses. These include petty theft, sniffing of glue or solvent, 
vagrancy and violation of curfew hours. 
Many cases involving children are not reviewed immediately. Thus, many 
children experience detention in sub-standard conditions for long periods of 
time before their cases are finally resolved. 
At present, the law is inflexible, and when applied, throws children into 
the glacially slow judicial system. A child or young adult may be picked up for 
a petty crime, but thrown in jail with hardened offenders, who subject the 
children to ridicule or abuse, or introduce them to drug abuse, or recruit them 
into criminal syndicates and gangs. Thus, these children thrown into our 
overcrowded and dangerous jails, instead of being rehabilitated becomes more 
susceptible in becoming a hardened criminal. 
The “Child Protection Through A Comprehensive Juvenile System Act of 
2005” aims to bring a more creative, and humane attitude toward juvenile 
offenders by resorting to the principles of Restorative Justice. This is an 
approach to crime that does not rely on simply subjecting the accused to the 
full harshness and impersonal workings of the law, but instead emphasizes the 
ways in which crime hurts relationships in the community. This framework is 
ideal for young offenders, who may break the law out of desperation or from 
not being fully aware of the harmful effects of their actions. It involves the 
community in figuring out why the young do wrong, and in making amends for 
the harm caused by the wrong deed. Young offenders get to understand the 
wrong they did and best of all, are then made to make amends in a positive and 
immediate manner. 
In light of the foregoing considerations, approval of this measure is 
earnestly recommended. 
I 
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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
5. 
S. No. 
/- 
_..-I_.,-- 
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I
.
 
INTRODUCED BY HON. W N Y  VILLAR 
AN ACT 
PROVIDING SPECIAL PROTECTION TO CHILDREN/JUVENILES IN 
CONFLICT WITH THE LAW BY ESTABLISHING A COMPREHENSIVE 
JUVENILE JUSTICE SYSTEM AND DELINQUENCY PREVENTION 
PROG 
M, CREATING THE OFFICE OF THE JUVENILE JUSTICE AND 
DELIN % 
NCY PREVENTION UNDER THE DEPARTMENT OF JUSTICE, 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
Title I. 
GOVERNING PRINCIPLES 
Chapter 1 
Title, Policy and Definition of Terms 
SEC. 1. Short Title and Scope. - This Act shall be known as the 
"Child Protection Through A Comprehensiue Juvenile Justice System Act 
of 2005." It shall cover the different stages involving children in conflict with 
the law from prevention to rehabilitation and reintegration. 
SEC. 2. Declaration of Policy. - The State recognizes the vital role of 
children and the youth in nation building and shall promote and protect their 
physical, moral, spiritual, intellectual and social well-being. It shall inculcate 
in children and the youth patriotism and nationalism, and encourage their 
involvement in public and civic affairs. 
The State likewise recognizes the right of children to assistance, 
including proper care and nutrition, and special protection from all forms of 
neglect, abuse, cruelty and exploitation, and other conditions prejudicial to 
their development. 
Pursuant to Article 40 of the United Nations Convention on the Rights of 
the Child, the State recognizes the right of every child alleged as, accused of, or 
- 2 -  


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 
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. 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 measures such as care, 
guidance and supervision orders, counseling, probation, foster care, 
educational and vocational training programs and other alternatives to 
institutional care. 
into account the child's age and desirability of promoting his/her reintegration. 
6 
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. 
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/herself freely. 
Whenever appropriate, children who are 
capable of forming and expressing their own views 
shall be allowed to 
participate in the program and policy formulation and implementation related 
with juvenile justice and delinquency prevention, and their views shall be given 
due weight in accordance with their age and maturity. 
, 
Finally, the State shall apply the principles of restorative justice in all its 
laws, policies and programs applicable to children/juveniles in conflict with the 
law. 
1 
SEC. 3. Definition of Terms. - The following terms as used in this Act 
shall be defined as follows: 
a) Best Interests of the Child - refers to the totality of the circumstances 
and conditions as are most congenial to the survival, protection, and 
feelings of security of the child and most encouraging to his physical, 
psychological, and emotional development. 
It also means the least 
detrimental available alternative for safeguarding the growth and 
development of the child. 
b) Child - refers to a person under the age of eighteen (18) years. 
c) Child in Conflict with the Law - refers to a child who is alleged as, 
accused of, or adjudged as, having committed an offense under 
Philippine laws. 
d) Children at Risk - refer to children who are vulnerable to, and at risk 
of, committing criminal offenses because of personal, family and social 
circumstances, such as, but not limited to, the following: 
1) being abused, abandoned or neglected; 
2) coming from a dysfunctional or broken family; 
3) being out-of-school; 
- 3 .  


4) being a streetchild: 
5) being a member of a gang: 
6) living in a community with a high level oP criminality or drug 
7) Living in situations of armed-conflict. 
abuse: or 
e) Community-based Programs - refers to the programs provided in a 
comnunity setting developed for the purpose of delinquency prevention 
and diversion, as well as rehabilitation of the child/juvenile in conflict 
with the law for reintegration into his/her family and/or community. 
fJ Court - refers to a Family Court or, in places where there are no Family 
Courts, any Regional Trial Court. 
g) Deprivation of liberty - refers to any form of detention or 
imprisonment, or to the placement of a child/juvenile in conflict with the 
law in a public or private custodial setting, from which the child/juvenile 
in conflict with the law is not permitted to leave at will by order of any 
judicial or administrative authority. 
h) Diversion - shall refer to an alternative, child-appropriate process of 
determining the responsibility and treatment of a child/juvenile in 
conflict with the law on the basis of his/her social, cultural, economic, 
psychological or educational background without resorting to formal 
court adjudication. 
i) Diversion program - shall refer to the program that the child/juvenile in 
conflict with the law is required to undergo after he/she is found 
responsible for an offense without resorting to formal court litigation. 
Initial contact with the child - refers to the apprehension or taking 
into custody of a child/juvenile in conflict with the law by law 
enfofcement officers or private citizens. It includes the time when the 
child/juvenile alleged to be in conflict with the law receives a subpoena 
under Section 3 (b) of Rule 112 of the Revised Rules of Crimind 
Procedure or summons under Section 6 (a) or Section 9 (b) of the same 
rule in cases that do not require preliminary investigation or where there 
is no necessity to place the child/juvenile alleged to be in conflict with 
the law under immediate custody. 
j) 
IC) Interuention - refers to a series of activities that are designed to address 
issues that caused the child to commit an offense. It may take the form 
of an individualized treatment program which may include counseling, 
skills training, education, and other activity that will enhance his/her 
psychological, emotional, and psycho-social well being. 
1) Juvenile in Conflict with the Law - refers to a child who at the time of 
the commission of the offense is above twelve (12) years of age but below 
eighteen (18) years of age. 
- 4 -  


m)Juuenile Justice System - refers to a system of dealing with 
chil&en/juveniles in conflict with the law which provides for a child- 
appropriate proceedings starting from being taken into custody, 
including diversion proceedings, court proceedings after the fiing of the 
proper information until the disposition of the case, rehabilitation, 
reintegration, until the termination of after-care services. 
n) Law Enforcement Officer - refers to the person in authority or his/her 
agent 
as defined in Article 152 of the Revised Penal Code. 
0) Records - include those which may be in the files of the National Bureau 
of Investigation and with any police department, or any other government 
agency which may have been involved in the case. 
p) Restorative Justice. - refers to an approach to crime that emphasizes 
the ways in which crime hurts relationships between people who live in a 
community. It requires a process of resolving conflicts with the maximum 
involvement of the victim, the offender and the community, and focuses 
on the accountability of the offender, the impact of the crime on the 
victim and the community, and their ways in which offenders can repair 
the harm they have done. 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. 
q) Serious Offense - refers to an offense punishable by imprisonment of 
more than six (6) years. 
r) Youth Detention Homes. - refers to an accredited child-caring 
institutions established by the local govemment units, DSWD and 
private/non-government organizations providing short-term residential 
care for children/juveniles in conflict with the law who are awaiting court 
disposition of their cases or transfer to other agencies or jurisdiction. 
s) Youth Rehabilitation Center - refers to a facility that provides twenty- 
four (24) hour care, treatment and rehabilitation services under the 
guidance of a trained staff where residents are cared for under a 
stm. tured therapeutic environment with the end in view of reintegrating 
them m their families and communities as socially functioning 
individuals. 
t) Victimless Crimes- refer to offenses where there are no private offended 
parties. 
F
.
 
u) H a l f w a y  Homes. - refer to residential homes where aftercare services 
shall be made available to children/juveniles in conflict with the law who 
have completed their rehabilitation process from the youth rehabilitation 
centers as provided under this Act. 
- 5 -  


Chapter 2 
Framework and Principles in the Administration of Juvenile Justice 
\ 
SEC. 4. Rights of the Child/Juvenile In Conflict with the Law. - 
Every child/juvede in conflict with the law shall have the following rights, 
including but not limited to: 
a) the right not to be subjected to torture or other cruel, inhuman or 
degrading treatment or punishment; 
b) the right not to be imposed capital punishment or life imprisonment 
without the possibility of release; 
c) the light not to be deprived of his or her liberty unlawfully or arbitrarily, 
detention or imprisonment being a disposition of last resort which shall 
be for the shortest appropriate period of time; 
6 
d) the right to be treated with humanity and respect for the inherent dignity 
of the human persons, and in a manner which takes into account the 
needs of persons of his or her age. In particular, every child deprived of 
liberty shall be separated from adults unless it is considered in the 
child's best interest not to do so and shall have the right to maintain 
contact with his or her family through correspondence and visits, save in 
exceptional circumstances. Likewise female children/juvedes in conflict 
with law shall have the right to be given special attention as to their 
personal needs and problems and should be separated from other male 
children/juveniles in conflict with law in cases of deprivation of liberty. 
They shall likewise be handled by female doctors, correction officers and 
social workers; 
e) 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 
authority, and to a prompt decision on any such action: 
r) the right to bail and recognizance, in appropriate cases; 
g) the right to testify as a witness in his/her own behalf under the rule on 
examination of the child witness; 
h) the hght to have his/her privacy respected fully at all stages of the 
proceedings; 
i) the right to be imposed a judgment in proportion to the gravity of the 
offense where his /her best interests, the rights of the victim and the 
needs of society under the principle of restorative justice are all taken 
into consideration by the court; 
- 6 -  


j] the right to have restrictions on his/her personal liberty limited to the 
minimum, and where discretion is given by law to the judge to detennlne 
whether to impose fine or imprisonment, the imposition of fme preferred 
as the more appropriate penalty: 
k) in general, the right to automatic suspension of sentence; 
1) the right to probation as alternative to imprisonment, if qualified under 
the probation law; 
m)the right to be free from liability for perjury, concealment or 
misr presentation: 
e 
n) other rights as provided under existing laws and rules. 
The State further adopts the provisions of the United Nations Standard 
Minimum Rules for the Administration of Juvenile Justice or “Bejjing Rules”, 
United Nations Guidelines for the Prevention of Juvenile Delinquency or the 
“Riyadh Guidelines”, and the United Nations Rules for the Protection of 
Juveniles Deprived of Liberty. 
SEC. 5. Minimum Age of Criminal Responsibility. - A child twelve 
(12) years of age or under at the time of the commission of an offense shall be 
exempt from criminal liability. 
However, he/she shall be subjected to an 
appropriate intervention program pursuant to this Act. 
A child above twelve (12) years but below fgteen (15) years of age shall 
likewise be exempt from criminal liability and be subjected to an appropriate 
intervention program, unless the court has determined that the prosecution 
has proven that the child has acted with discernment, in which case, such 
child shall be subjected to the appropriate proceedings in accordance with this 
Act. 
A child at least fifteen (15) years old but 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 edorced in accordance with RA 
8369 otherwise known as the “Family Courts Act of 1997”, and other relevant 
laws. 
SEC. 6. Determination of Age. - The child‘s age may be determined 
from the child‘s birth certificate, baptismal certificate or any other pertinent 
documents. 
In the absence of these documents, age may be based on 
information from the child himself/herself, testimonies of other persons, dental 
records and/or examination, the physical appearance of the child and other 
relevant evidence. In case of doubt as to the age of the child, it shall be 
resolved afavor of the minority of the child. 
* 
- 7 -  


Any person contesting the age of the child in conflict with the law prior to 
the filing of the information in any appropriate court may He a case in a 
summary proceeding for the determination of age before the Family Court 
which shall decide the case within twenty four (24) hours from receipt of the 
appropriate pleadings of all interested parties. 
If a case has been filed against the child/juvcnile in conflict with the law 
and is pending in the appropriate court, the person shall file a motion to 
determine the age of the child in the same court where the case is pending. 
Pending hearing on the said motion, proceedings on the main case shall be 
suspended. 
Title 11. 
STRUCTURES IN THE ADMINISTRATION OF 
JUVENILE JUSTICE AND DELINQUENCY PREVENTION 
I 
SEC. 7. Office of the Juvenile Justice and Delinquency Prevention 
(OJJDP).- An Office of Juvenile Justice and Delinquency Prevention (OJJDP) is 
hereby created and established under the Department of Justice headed by an 
Undersecretary designated 
by the Secretary of Justice, to oversee the 
implementation of this Act and to ensure coordination among the following 
agencies: 
Council for the Welfare of Children (CWC); 
Department of Social Welfare and Development (DSWD); 
Department of Education (DepEd); 
Department of the Interior and Local Government (DILG); 
Public Attorney’s Office (PAO); 
Bureau of Corrections (BUCOR); 
Parole and Probation Administration (PPA); 
National Bureau of Investigation (NBI) ; 
Philippine National Police (PNP); 
Bureau of Jail Management and Penology (WMP); 
Technical Education and Skills Development Authority (TESDA) ; 
National Youth Commission QXC); and 
Other institutions focused on juvenile justice and delinquency 
prevention. 
The OJJDP shall coordinate with the Office of the Court Administrator 
and the Philippine Judicial Academy to ensure the realization of its mandate 
and the proper discharge of its duties and functions, as herein provided. 
The OJJDP shall be created within one (1) year from the effectivity of this 
Act. The Secretary of Justice shall determine the organizational structure and 
staffing pattern of the Office. 
SEC. 8. Duties and Functions of the OJJDP. - The OJJDP shall have 
the following duties and functions: 
a -  
! 


b 
a] To assist the concerned agencies in the review and redrafting of existing 
policies/regulations or formulating a new one in line with the provisions 
of this Act; 
b) To develop a comprehensive 3 to 5 year National Juvenile Delinquency 
Prevention Program integrating therein the redrafted/formulated 
policies/reguIations; 
c) To formulate and recommend policies and strategies for the prevention of 
juvenile delinquency as well as the treatment and rehabilitation of the 
child/juvenile in conflict with the law; 
d) In the adoption of a comprehensive national juvenile delinquency 
prevention plan and the formulation of policies and strategies, it shall 
collect relevant information, conduct continuing research and support 
evaluations and studies on all matters relating to juvenile justice, such 
as, but not limited to: 
1. the performance and results achieved by the delinquency 
prevention programs and by the activities of the local government 
units and other government agencies; 
2 the periodic trends, problems and causes of juvenile delinquency; 
3. the particular needs of juveniles in custody. 
\ 
e) To oversee and supervise the implementation of this Act. In carrying out 
this function, it is to: 
1. conduct regular inspections of detention and rehabilitation 
facilities, through duly designated persons and with the assistance 
of the concerned agencies: provided, spot inspections may be 
undertaken to check compliance with the standards provided 
herein; 
2. coordinate the implementation of the national juvenile delinquency 
programs and activities by national government agencies and other 
activities which may have an important bearing on the success of 
the entire juvenile delinquency prevention effort; 
3. conduct trainings for the personnel of the agencies involved in the 
administration of the juvenile justice system and delinquency 
prevention. 
fl To advise the President, through the Secretary of Justice, on all matters 
and policies relating to juvenile justice and delinquency prevention; and 
to submit an annual report on the implementation of this Act. 
gl To perform such other functions as may be necessary to implement the 
provisions of this Act. 
- 9  


SEC. 
9. Child Rights Center (CRC). - The Commission on Human 
Rights (CHR) through its existing Child Rights Center shall ensure that the 
status, rights and interests of children are given paramount consideration and 
upheld in accordance with the Constitution and international instruments on 
human rights. CHR shall strengthen the monitoring of government compliance 
of all treaty obligations including the timely and regular submission of reports 
before the treaty bodies as well as implementation and dissemination of 
recommendations and conclusions by government agencies as well as NGOs 
and civil society. 
b 
SEC. 10. Policies and Procedures on Juvenile Delinquency 
Prevention. - All government agencies provided in Section 7 shall, with the 
assistance of the OJJDP and within one (1) year from the effectivity of this Act, 
review, redraft or formulate policies and procedures consistent with the 
standards set in the law. These policies and procedures shall be modified 
accordingly in consultation with the OJJDP upon the completion of the 
National Juvenile Delinquency Prevention Program as provided under Section 
8(2). 
Title 111. 
PREVENTION OF JUVENILE DELINQUENCY 
Chapter 1 
The Role of the Different Sectors 
SEC. 11. The Family. The family shall be responsible for the primary 
nurturing &nd rearing of children which is critical in delinquency prevention. 
SEC. 12. The Educational System. Educational institutions shall 
work together with families, community organizations and agencies in the 
prevention of juvenile delinquency and in the rehabilitation and reintegration of 
children in conflict with the law. In cases where children in conflict with the 
law are taken into custody or detained in rehabilitation centers, they should be 
provided the opportunity to continue learning under an alternative learning 
system with basic literacy program or non-fomal education accreditation 
equivalency system. 
SEC. 13. The Role of the Mass Media. The mass media shall play an 
active role in the promotion of child rights, and delinquency prevention by 
relaying consistent messages through a balanced approach. 
Media 
practitioners shall, therefore, have the duty to maintain the highest critical and 
professional standards in reporting and covering cases of children/juveniles in 
conflict with the law. In all publicity concerning children, the best interests of 
the child should be the primordial and paramount concern. 
Any undue, 
inappropriate and sensationalized publicity of any case involving a child in 
conflict with the law is hereby declared a violation of his/her rights. 
SEC. 14. Establishment and Strengthening of Local Councils for 
the Protection of Children. Local Councils for the Protection of Children 
(LCPCs) shall be established in all levels of local government and strengthened, 
-10- 


where they have already been established, within one (1) year from the 
effectivity of this Act. Membership in the LCPC shall be taken from responsible 
members of the community including a representative from the youth, as well 
as representatives of government and private agencies 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. 
P 
SEC. 15. Appointment of Local Social Welfare a n d  Development 
Officer. AU local government units shall appoint a duly licensed social worker 
as its local social welfare and development officer tasked to assist children in 
conflict with the law. 
SEC. 16 The Sangguniang Kabataan. The Sangguniang Kabataan 
(SKJ shall coordinate with the LCPCs in the formulation and implementation of 
delinquency prevention and diversion programs in the community. 
Chapter 2 
Comprehensive Delinquency Prevention Plans 
SEC. 17. 
Development of 
Comprehensive Juvenile Delinquency 
Prevention Plans. - Comprehensive juvenile delinquency prevention plans 
covering at least a three (3) - year period shall be instituted in 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 LCPC, shall call on 
all sectors concerned, particularly the child-focused institutions, NGOs, 
people’s organizations, educational institutions and government agencies 
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. Results of the assessment shall be submitted by 
the provincial and city governments to the OJJDP not later than March 30 of 
the year. 
SEC. 18. 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 agencies. These local govemment units shall provide 
conlmunity-based services which respond to the special needs, problems, 
- 11 - 


interests and concerns of children and which offer appropriate counseling and 
guidance t+ them and their families. These programs shall consist of three (3) 
levels. 
Primary prevention. - includes general measures to promote 
social justice and equal opportunity, which tackle perceived root 
cause of offense; 
Secondary prevention - includes measures to assist children at 
risk 
Tertiary prevention - includes measures to avoid unnecessary 
contact with the formal justice system and other measures to 
prevent the commission of another offense. 
i 
Title IV 
TREATMENT OF 
CHILDREN BELOW AGE OF CRIMINAL RESPONSIBILITY 
SEC. 19. Children Below Age of Criminal Responsibility. - If it has 
been determined that the child taken into custody is twelve (12) years old or 
below, the authority, having initial contact with the child, has the duty to 
immediately release the child to the custody of his/her parents or guardian or 
in the absence of the two, the childs nearest relative, giving notice to the Local 
Social Welfare and Development Officer who will determine the appropriate 
programs in consuItation with the child and the person having custody over 
the child. If the parents, guardians or newest relatives cannot be located, or if 
they refuse to take custody, the child may be released to a duly registered non- 
governmental or religious organization or to a burunguy official or a member of 
the Barangay Council for the Protection of Children, or to the Local Social 
Welfare and Development Officer or when and where appropriate, the DSWD. If 
the child referred to in Section 24 has been found by the Local Social Welfare 
and Development Office to be abandoned, neglected or abused by his parents, 
or in the event that the parents will not comply with the prevention program, 
the proper petition for involuntary commitment shall be filed by the DSWD or 
the Local Social Welfare and Development Office pursuant to P.D. 603. 
! 
Title V. 
JUVENILE JUSTICE SYSTEM 
Chapter 1 
Initial Contact with the Child 
SEC. 20. Procedure for Taking the Child into Custody. From the 
moment a child is taken into custody, the law enforcement officer shall: 
-12. 


(1) 
Inform the child/juvenile of the reason for such custody and advise 
him/her of his/her constitutional rights in a language or dialect 
understood by him/her; 
Properly identify himself/herself and present proper identification 
to the child/juvenile; 
Refrain from using vulgar or profane words and from sexually 
harassing or abusing, or making sexual advances on the 
child/juvenile in conflict with the law; 
(2) 
\ 
(3) 
(4) 
Refrain from using discriminatory remarks and practices, 
particularly with respect to the childs/juvenile’s social or 
economic status, physical or ethnic origin; 
Avoid displaying or using any firearm, weapon, handcuffs or other 
instruments of force or restraint, unless absolutely necessary and 
only after all other methods of control have been exhausted but 
have failed; 
Refrain from subjecting the child/juvenile in conflict with the law 
to greater restraint than is necessary for his/her apprehension; 
(5) 
(6) 
(7) 
Avoid using humiliating or degrading procedures for taking 
fingerprints or photographs of the child/juvenile in conflict with 
the law; 
(8) 
(9) 
Notify the parents/guardians and Local Social Welfare and 
Development Officer immediately upon apprehension but not later 
than eight (8) hours therefrom. 
The Local Social Welfare 
Development Officer shall explain to the child/juvenile and his/her 
parents/guardians the consequences of his/her act with a view 
towards counseling and rehabilitation, diversion from the criminal 
justice system, and reparation, if appropriate; 
Avoid violence or unnecessary force; 
(10) Take the child/juvenile immediately to the proper medical or 
health officer for a thorough physical and mental examination. 
The examination results shall be kept confidential unless otherwise 
ordered by the Family Court. Whenever the medical treatment is 
required, steps shall be immediately undertaken to provide the 
same; 
(11) If detention of the child/juvenile in conflict with the law is 
necessary, he/she should be secured in quarters separate from 
that of the opposite sex and adult offenders: 
Immediately request the Local Social Welfare and Development 
Officer to undertake a complete and full case study report on the 
child/juvenile in conflict with the law; 
(12) 
-13- 


(13) Ensure the confidentiality of the proceedings and records and to 
the sealing thereof; 
(14) Determine the age of the child pursuant to Section 7 of this Act; 
(15) As far as practicable, allow the child/juvenile in conflict with the 
law to be searched by a law enforcement officer of the same gender. 
SEC. 2 1. Duties During Initial Investigation - The investigation shall 
be conducted in the presence of the following: (1) child's counsel of choice or in 
the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's 
parents, guardian, or nearest relative, as the case may be; and (3) the Local 
Social W e h e  and Development Officer. In the absence of the child's parents, 
guardian, or nearest relative, and the Local Social Welfare and Development 
Officer, the investigation shall be conducted in the presence of a representative 
of a non-government organization, religious group, or member of the Barangay 
Council for the Protection of Children (BCPC). 
After the initial investigation, the authority conducting the same may do 
either of the following: 
(11 
Proceed in accordance with Section 19 if the child is twelve (12) 
years old and below; or 
(2) 
If the child is above 12 years old, proceed to diversion under Title 
b 
V, Chapter 2 of this Act. 
The law enforcement officer shall, in his/her investigation, determine 
where the case involving the child in conflict with the law shall be referred to. 
Chapter 2 
Diversion 
SEC. 22. System of Diversion. - Children/Juveniles in Conflict with the 
Law shall undergo diversion programs without undergoing court proceedings 
subject to the conditions hereinafter provided: 
a) Where the imposable penalty for the crime committed is not more than 
six (6) years imprisonment, the law enforcement officer or the Punong 
Barangay with the assistance of the Local Social Welfare Development 
Officer or other members of the LCPC, shall conduct mediation, family 
conferencing and conciliation and, where appropriate, adopt indigenous 
modes of conilict resolution in accordance to the best interest of the 
child/juvenile with a view to accomplishing the objectives of restorative 
justice and the formulation of a diversion program. The child/juvede 
and his/her family and the private complainant shall be present; 
b) In Vi(ctimless Crimes where the imposable penalty is not more than six 
(6) years imprisonment, the Local Social Welfare and Development Officer 
s h d  meet with the child/juvenile and his/her parents or guardians for 
- 14- 


the development of the appropriate diversion and rehabilitation program, 
in coordination with the BCPC: 
c) Where the imposable penalty for the crime committed exceeds six (6) 
years imprisonment, diversion measures may be resorted to only by the 
court. 
SEC. 23. Where Diversion May Be Conducted. - Diversion may be 
conducted at the Katarungang Pambarangay, the police investigation or the 
inquest or preliminary investigation . 
SEC. 24. Contract of Diversion. - If during the conference, mediation 
or conciliation, the child/juvenile voluntarily admits the commission of the act, 
a diversion program shall be developed when appropriate and desirable as 
determined under Section 29. Such admission shall not be used against the 
child/juvenile in any subsequent judicial, quasi-judicial or administrative 
proceedings. The diversion program shall be effective and binding if accepted 
by the ch' /juvenile, the child's parents and the complainant. It shall be in 
writing an T signed by the child/juvenile, the child's parents, the complainant 
and the appropriate authorities. The Local Social Welfare Development Officer 
shall supervise the implementation of the diversion program. The diversion 
proceedings shall be completed within forty-five (45) days. The period of 
prescription of the offense shall be suspended until the completion of the 
diversion proceedings but not to exceed forty-five (45) days. 
The child/juvenile shall present himself/herself to the competent 
authorities that conducted 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 Local Social Welfare Development Officer, shall 
give the offended party the option to institute the appropriate legal action. 
The period of prescription of the offense shall be suspended during the 
effectivity of the diversion program, but not exceeding a period of two years. 
SEC. 25. Duty of Punong Barangay When There Is No Diversion.- 
Where the offense does not fall under Section 23 (a) and @), Section 22 (1)and 
(2) or if the child/juvenile, his/her parents or guardian or the offended party 
does not consent to a diversion, the Punong Barangay handling the case shall, 
within three (3) days from determination of the absence of jurisdiction over the 
case or termination of the diversion proceedings, as the case maybe, forward 
the records of the case of the child/juvenile to the law enforcement officer, 
prosecutor or the appropriate court, as the case may be. Upon the issuance of 
the corresponding document ce-g 
either that no agreement has been 
reached by the parties or that the offended party does not consent to a 
diversion, the case shall be filed according to the regular process. 
SEC. 26. Duty of L a w  Enforcement Officer When There Is No 
Diversion. - Where the offense does not fall under Section 22 (1) and (2) or if 
the child/juvenile, his/her parents or guardian or the offended party does not 
consent to a diversion, the Women and Children's Protection Desk of the 
- 1 5 -  


Philippine National Police, or other law enforcement officer shall, within three 
(3) days from determination of the absence of jurisdiction over the case or 
termination of diversion proceedings, forward the records of the case of the 
child/juvenile under custody to the prosecutor or judge concerned. 
The 
prosecutor or the judge, as the case maybe, shall conduct inquest and/or 
prelimiriary investigation to determine whether or not the child/juvenile should 
remain under custody and correspondingly be charged in court. The document 
transmitting said records shall display the word “CHILD/JUVENILE in bold 
letters. 
SGC. 27. Factors in Determining Diversion Program.- In determining 
whether diversion is appropriate and desirable, the following factors shall be 
taken into consideration: 
The nature and circumstances of the offense charged; 
The frequency and the severity of the act; 
The circumstances of the child/juvenile in conflict with the law 
(e.g. age, maturity, intelligence, etc.); 
The influence of the family and environment on the growth of the 
child/juvenile in conflict with the law; 
The reparation of injury to the victim; 
The safety of the community; and 
’ The weight of the evidence against the child/juvenile; 
’ The best interest of the child/juvenile in conflict with the law. 
SEC. 28. 
Formulation of Diversion Program - In formulating a 
diversion 
program, 
the 
individual 
characteristics and 
the 
peculiar 
circumstances of the child/juvenile in conflict with the law shall be used to 
formulate an individualized treatment. 
The following factors shall be 
considered: 
(1) 
The child’s feelings of remorse for the offense he/she committed; 
(2) 
The parents’ or legal guardians’ ability to guide and supervise the 
child; 
(3) 
The victim’s view 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. 29. Kinds of Diversion Program. 
- The diversion program shall 
include adequate socio-cultural and psychological responses and services for 
the child. At the different stages where diversion may be resorted to, diversion 
programs may be agreed upon, such as, but not limited to: 
(a) At the level of the Punong Barangay: 
(1) Restitution of property; 
(2) Reparation of the damage caused; 
(3) Indedication for consequential damages; 
(4) Written or oral apology; 
-16- 


(5) Care, Guidance and Supervision Orders; 
(6) Counseling for the Child in Conflict with the Law and the 
(7) Attendance in trainings, seminars and lectures on: 
family: 
(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; 
(8) Participation in available community-based programs, including 
(9) Participation in educational, vocational and life skills programs. 
community service; or 
(b) 
At the level of the law enforcement officer and the prosecutor: 
(1) Diversion programs specified under paragraph (a)(l-91 above; 
(2) Confiscation and forfeiture of the proceeds or instruments of 
the crime: 
(c) 
At the level of the appropriate court: 
(1) 
above; 
(2) Written or oral reprimand or citation; 
1 (3) Fine; 
(4) Payment of the cost of the proceedings; or 
(5) Institutional care and custody. 
Diversion programs specified under paragraphs (a) and (b) 
Chapter 3 
Prosecution 
SEC. 30. Preliminary Investigation and Filing of Information.- The 
prosecutor shall conduct a preliminary investigation in the following instances: 
(a) when the child/juvenile in conflict with the law does not q u a m  for 
diversion; 
(b) when the parties do not agree to diversion as specified in 
Sections 25 and 26; (c) when considering the assessment and recommendation 
of the social worker, the prosecutor determines that diversion is not 
appropriate for the child/juvenile in conflict with the law. The prosecutor shall 
ensure that a child/juvenile in conflict with the law is assisted by a social 
worker. 
B 
SEC. 31. Duty of the Prosecutor’s Office. 
- 
Prosecutors shall be 
trained to conduct inquest, preliminary investigation and prosecution of cases 
involving a child/juvenile in conflict with the law. 
17 - 


Upon determination of probable cause by the prosecutor, the information 
against the child/juvenile in conflict with the law shall be fded before the 
Family Court within forty-five (45) days from the start of the preliminary 
investigation. 
The child/juvenile in conflict with the law may be placed under the 
custody of the parents or the social worker concerned. 
Chapter 4 
court 
SEC. 32. Bail. - For purposes of recommending the amount of bail, the 
privileged mitigating circumstance of minority shall be considered. 
SEC. 33. 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 court, social 
worker, the DSWD, the Local Social Welfare and Development Officer or the 
Social Services and Counseling Division (SSCD), release the child alleged to 
have committed an offense on recognizance to the custody of his/her parents 
or other suitable person, as determined by the court, who shall be responsible 
for his/her appearance whenever required by the court. 
SEC. 34. Detention of the Child Pending Trial. - Children detained 
pending trial may be released on bail or recognizance as provided for under 
Sections 32 and 33. In all other cases and whenever possible, detention 
pending trial may be replaced by the 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. 
Whe ever detention is necessary, a child will always be detained in the 
youth detention homes established by local governments, pursuant to Section 
8 of the Family Courts Act, in the city or municipality where the child resides. 
P .  
In the absence of a youth detention home, the child/juvenile in conflict 
with the law may be committed to the care of the DSWD or a local 
rehabilitation center recognized by the government in the province, city or 
municipality within the jurisdiction of the court. 
The center or agency 
concerned shall be responsible for the child's appearance in court whenever 
required. 
SEC. 35. Diversion measures. - Where the maximum penalty imposed 
by law for the offense with which the child/juvenile in conflict with the law is 
charged is imprisonment of not more than twelve (12) years, regardless of the 
fine or fine alone regardless of the amount, and before arraignment of the 
child/juvenile in conflict with the law, the court shall determine whether or not 
diversion is appropriate. 


SEC. 36. Automatic Suspension of Sentence.- Once the child who is 
under e i g h p n  (1 8) years of age at the time of the commission of the offense is 
found guilty of the offense charged, the court shall determine and ascertain 
any civil liability which m y  have resulted from the offense committed. 
However, instead of pronouncing the judgment of conviction, the court shall 
place the child/juvenile in conflict with the law under suspended sentence: 
Provided, however, suspension of sentence shall still be applied even if the 
juvenile is already eighteen years (18) of age or more at the time of the 
pronouncement of his/her guilt. 
SEC. 37. Various Disposition Measures. - Upon suspension of sentence 
and after considering the various circumstances of the child, the court shall 
impose the appropriate disposition measures, as provided in the Rules on 
Juveniles in Conflict with the Law. 
SEC. 38. Discharge of the Childfluvenile in Conflict with the Law.- 
Upon the recommendation of the social worker who has 
custody ol: the 
child/juvenile in conflict with the law, the court shall dismiss the case against 
the child whose sentence has been suspended and against whom disposition 
measures have been issued, and shall order the final discharge of the child if it 
finds that the objective of the disposition measures have been fulfilled. 
The discharge of the Child/Juvenile in Conflict with the Law shall not 
affect the civil liability resulting from the commission of the offense, which 
shall be enforced in accordance with law. 
SEC. 39. Return of 
Childfluvenile in Conflict With the Law to 
Court.- If the court finds that the objective of the disposition measures 
imposed upon the child/juvenile in conflict with the law has not been fulfilled, 
or the child/juvenile in conflict with the law has willfully failed to comply with 
the conditions of 
his/her 
disposition or rehabilitation program, the 
child/juvenile in conflict with the law shall be brought before the court for 
promulgation of sentence. 
If said child/juvenile in conflict with the law has reached the age of 
eighteen (18) years old while under suspended sentence, the court shall 
determine whether to discharge the child in accordance with this Act, to order 
execution of sentence, or to extend the suspended sentence for a certain 
specified period or until the child reaches the maximum age of twenty one (21) 
years. 
\ 
SEC. 40. 
Credit in Service of Sentence. - The Child/Juvenile in 
Conflict with the Law shall be credited in the services of his/her sentence with 
the fuu time spent in actual commitment and detention under this Act. 
SEC. 41. Probation as a n  Alternatiue to Imprisonment.- The court 
may, after it shall have convicted and sentenced a child/juvenile in conflict 
with the law, and upon application at any time, place him/her on probation in 
lieu of service of his/her sentence taking into account the best interest of the 
child. For this purpose, Section 4 of Presidential Decree No. 968 is hereby 
amended accordingly. 
P 
- 19 


Chapter 5 
Confidentiality of Records and Proceedings 
SEC. 42. Confidentiality of Records and Proceedings.- fill records 
and proceedings involving Children/Juveniles in Conflict with the Law from 
initial contht until final disposition of the case shall be considered privileged 
and confidential. The public shall 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 for any purpose whatsoever, 
except to determine if the Child/Juvenile in Conflict with the Law may have his 
sentence suspended or if he may be granted probation under the probation 
law, or to enforce the civil liabiliq imposed in the criminal action. 
The component authorities shall undertake all measures to protect the 
confidentiality of proceedings, including non-disclosure of records to the media, 
maintaining a separate police blotter for cases involving Children/Juveniles in 
Conflict with the Law and adopting a system of coding to conceal material 
information which will Iead to the child's identity. Records of a Child/JuveniIe 
in Conflict with the Law shall not be used in subsequent proceedings for cases 
involving the same offender as an adult, except when beneficial to the offender 
and upon his/her written consent. 
A person who has been in conflict with the law as a child 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 VI. 
DETENTION, REHABILITATION AND REINTEGRATION 
SEC. 43. Objective of 
Rehabilitation and Reintegration. - The 
objective of rehabilitation and reintegration of children/juveniles in conflict 
with the law is to provide them with interventions, approaches, and strategies 
that will enable them to improve their social functioning skills with the end 
goal of reintegration to their families and become productive members of their 
communities. 
SEC. 44. Separate Facilities From Adults. - In all rehabilitation or 
training f ilities, children shall be separated from adults unless they are 
members o T the same family. 
SEC. 45. Establishment of Youth Homes by Priuate Organizations. - 
Youth Homes established by private and non-government organizations shall 
be licensed and accredited by the DSWD: Prouided, That the standards for 
accreditation of youth homes shall be formulated by the DSWD in consultation 
with the OJJDP: Provided, further, That the DSWD shall submit a periodic 
- 20 - 


report and/or list of licensed and accredited private and non-government 
organizations to OJJDP. 
SEC. 46. Care and Maintenance of the Child/Juvenile in Conflict 
with the Law. 
- 
The 
expenses for the 
care and maintenance of 
children/juveniles in conflict with the law under institutional care shall be 
borne by his/her parents or those persons liable to support him/her: Provided, 
That in case his/her parents or those persons liable to support him/her cannot 
pay all or part of said expenses, the municipality in which the offense was 
committed shall pay one-third (1/3) of said expenses or part thereof; the 
province to which the municipality belongs shall pay one-third (1/3) and the 
remaining one-third (1/3) shall be borne by the National Government. 
Chartered @ties shall pay two-thirds (2/3) of said expenses: however, in case a 
chartered city cannot pay said expenses, part of their internal revenue 
allotments in the amount corresponding to the unpaid portion shall be 
withheld and applied to the settlement of said obligation: Provided, further, 
That in the event that the child/juvenile in conflict with the law is not a 
resident of the municipality/city where the offense was committed, the Court, 
upon its determination, may require the city/municipality where the 
child/juvenile in conflict with the law resides to shoulder the cost. 
- 
SEC. 47. Confinement of Convicted Children in Agricultural Camps 
and other Training Facilities. - A Child/Juvenile 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 and other training facilities that may be established, 
maintained, supervised and controlled by the Bureau of Corrections. 
SEC. 48. Rehabilitation of Children/Juveniles in Conflict with the 
Law.- Children/juveniles in conflict with the law, whose sentences are 
suspended may, upon order of the Court, undergo any 
or a combination of 
the disposition measures best suited to the rehabilitation and welfare of the 
child, including but not limited to: 
(1) social services: 
(2) homelife services; 
(3) formal, non-fomal and informal education: 
(4) health services: 
(5) livelihood and skills training; 
(6) socio-cultural and recreational activities: 
(7) spiritual enrichment: 
(8) community participation; 
(9) drug and/or alcohol treatment: 
(10) leadership training and/or 
(1 11 competency and life skills development. 
SEC. 49. Youth Rehabilitation Center.- The Youth Rehabilitation 
Center shall provide twenty-four (24) hour group care, treatment and 
rehabilitation services under the guidance of a trained staff where residents are 
nder a structured therapeutic environment with the end view of 
individuals. A quarterly report shall be submitted by the Center to the proper 
reintegrat’ 
cared 
g them in their families and communities as socially functioning 
-21 - 


court on the progress of the child/juveniles in conflict with the law. Based on 
the progress of the youth in the centers, a final report will be forwarded to the 
court for the fmal disposition of the case. 
SEC. 50. Objectives of Community Based Programs- The objectives of 
community-based programs are as follows: 
(1) 
Prevent disruption in the education or means of livelihood of the 
Child/Juvenile in Conflict with the Law in case he/she is studying, 
working or attending vocational learning institutions; 
Prevent separation of the Child/Juvenile in Conflict with the Law 
from his/her parents/guardians to maintain the support system 
fostered by their relationship and to create greater awareness of 
their mutual and reciprocal responsibilities; 
(2) 
(3) 
Facilitate 
the 
rehabilitation 
and 
mainstreaming 
of 
the 
Child/Juvenile in Conflict with the Law and encourage community 
' support and involvement: and 
(4) 
Minimize the stigma that attaches to the Child/Juvenile in Conilict 
with the Law by preventing jail detention. 
SEC. 51. Criteria of 
Community-Based Programs. - 
All local 
government units shall establish community-based rehabilitation and 
reintegration programs for children/juveniles in conflict with the law in their 
respective areas of jurisdiction: Prouided, That to ensure implementation of 
such programs, the same should be included in their public investment plan. 
SEC. 52. After Care Support Services f o r  Children in Conflict with 
the Law.- Children/Juveniles 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 released to the custody of their family or 
relatives, or in their absence, to a duly accredited and/or licensed half-way 
homes. They shall be provided after-care services by the Local Social Welfare 
and Development Officer for a period of at least six (6) months. The service 
includes counseling and other community-based services designed to facilitate 
social reintegration, prevent the commission of another offense and become 
productive members of the community. 
Title VII. 
GENERAL PROVISIONS 
Chapter 1 
Exempting Provisions 
- 22 ' 


SEC. 53. Status Offenses- Any conduct that is not considered as an 
offense or not penalized if committed by an adult shall likewise not be 
considered as an offense or punishable if committed by a child. 
SEC. 54. Offenses Not Applicable To Children. - Persons below 
eighteen years of age shall be exempt from prosecution for the offenses of 
vagrancy and prostitution under Section 202 of the Revised Penal Code, 
mendicancy under P.D. 1563, and sniffing of rugby under P.D. 1619, such 
prosecution being inconsistent with the U.N. Convention on the Rights of the 
Child; Provided, That said persons shall undergo appropriate rehabilitation, 
counseling and treatment program: Provided, further, That adults who are 
found to be involved and/or make use of said persons in the commission of 
these offenses shall be prosecuted based on existing laws and legislations. 
Chapter 2 
Prohibited Acts 
SEC. 55. Prohibition Against Labeling und Shaming. - In the conduct 
of the probeedings 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. 56. Other Prohibited Acts. - The following and any other similar 
acts shall be considered prejudicial and detrimental to the psychological, 
emotional, social, spiritual, moral and physical health and well-being of the 
Child/Juvenile in Conflict with the Law and therefore, prohibited: 
Employment of threats of whatever kind and nature: 
B 
Employment of abusive, coercive and punitive measures such as 
cursing, beating, stripping, and solitary confinement; 
Employment of 
degrading, inhuman and cruel forms of 
punishment such as shaving the heads, pouring irritating, 
corrosive or harmful substances over the body 
of 
the 
Child/Juvenile in Conflict with the Law, or forcing him/her to walk 
around the community wearing signs which embarrass, humiliate, 
and degrade their personality and dignity; 
Compelbg the child to perform involuntarily servitude in any and 
all forms under any and all instances. 
23 - 


Chapter 3 
Penal Provision 
B 
SEC. 57. 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 regulation promulgated in accordance thereof shall, upon 
conviction for each act or omission, be punished by a fine of 
not less than 
Twenty Thousand Pesos (P20,OOO.OO) but not more than Fifty Thousand Pesos 
(P50,OOO.OO) or suffer imprisonment of not less than eight (8) years but not 
more than ten (10) years, 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/she shall, in 
addition to such fine and/or imprisonment, be held administratively liable and 
shall suffer the penalty of perpetual absolute disqualification. 
I 
SEC. 58. Exemption from the Application of Death Penalty. - The 
provisions of the Revised Penal Code, R.A. No. 9165, and other special laws 
notwithstanding, no death penalty shall be imposed upon children/juveniles in 
conflict with the law. 
Chapter 4 
Appropriations 
SEC. 
59. Appropriations. 
- 
The amount necessary for the 
implementation of this Act shall be included in the General Appropriations Act 
of the year following its enactment into law and thereafter. 
An initial amount of Ten Million Pesos (PHP10,000,000.00) for the 
purpose of setting up the OJJDP shall be taken from the proceeds of the 
Philippine Charity Sweepstakes Office. 
Title VIII. 
TRANSITORY PROVISIONS 
SEC. 60. Children/Juveniles in Conflict with the Law 12 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 referred to the appropriate Local Social 
Welfare and Development Officer. The Local Social Welfare and Development 
Officer, upon thorough assessment of the child, shall determine whether to 
release him/her to the custody of his/her parents, or refer him/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. 
0 
SEC. 61. Children Detained Pending Trial.- If the child is detained 
pending trial, the Family Court shall also determine whether or not continued 
- 24 - 


detention is necessary and, if not, determine appropriate alternatives for 
detention. If detention is necessary and he/she is detained with adults, the 
court shall immediately order the transfer of the child to a youth detention 
home. 
SEC. 62. Children who reached the Age of 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 disposition. In case the 
appropriate court executes the judgment of conviction, and unless the Child in 
Conflict with the Law has already availed of probation under P.D. 603 or other 
similar laws, the child may apply for probation if qualified under the provisions 
of the Probation Law or P. D. 968. 
Title IX. 
FINAL PROVISIONS 
SEC. 63. Rule Making Power. - Except that which is reserved by the 
Constitution to the Supreme Court, the rule making power under this Act shall 
be exercised by the Department of Justice. The Department of Justice shall, in 
consultation with the Department of Social Welfare and Development, the 
Department of the Interior and Local Government, Philippine National Police, 
Council for the Welfare of Children, National Youth Commission, National Anti- 
Poverty Commission-Children Basic Sector, Commission on the Human Rights, 
and a representative from licensed and accredited non-government 
organizations implementing programs for childrenljuveniles in conflict with 
law, issue the necessary niles and regulations for the implementation of the 
provisions of this Act within one (1) year from the effectivity thereof. 
SEC.\ 64. 
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. 65. 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. 66. Effectivity. - This Act shall take effect after fifteen (15) days 
from its publication in at least two (2) national newspaper of generd 
circulation. 
Approved,