THIRTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
‘Oh JUL -7 
iJ 1 :22 
First Regular Session 
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BY: 
S;B. No. 
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Introduced by Senator Pangilinan 
EXPLANATORY NOTE 
Under the Convention on the ,Rights of the Child, ratified, by the 
Philippine Senate on 20 July 1990 through Resolution No. 109, the Philippines 
committed to “recognize the right of every child alleged as, accused of, or 
recognized as having infringed the penal law to be treated in a manner 
consistent with the promotion of the child’s sense of dignity and worth, which 
reinforces the child’s respect for the human rights and fundamental freedoms 
of others and which takes into account the child’s age an,d the desirability of 
promoting the child’s reintegration and the child’s assuming a constructive role 
One of the fundamental guarantees afforded children under the CRC is 
the set of protective rights related to the juvenile justice system (Articles 37, 
39’and 40). This bill addresses this commitment to uphold the rights of the 
child. 
While there are Philippine law, rules and regulations applicable to 
children’in conflict with the law, prosecution and trial procedures in general do 
not make distinctions between adult and youth offenders facing charges before 
the courts. The experience of a number of youthful offenders with the.various 
stages of the juvenile justice process reveals the occasional negrect and 
insensitivity by duty holders. Thus, a need to pass a law that comprehensively 
covers the various stages of the juvenile justice process. 
in society.” (Article 40, Convention of the Rights of the Child) 
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In view of the foregoing, the passage of this bill %earnestly sought. 


THIRTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
FIRST REGULAR SESSION 
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SENATE 
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S. 6. No. 2 ’  
904 JllL -7 P 1 122 
Introduced by Senator Francis N. PangiIinan 
AN ACT 
ESTABLISHING 
A 
COMPREHENSIVE 
JUVENILE JUSTICE 
SYSTEM 
AND 
DELINQUENCY PREVENTION PROGRAM, CREATING THE OFFICE OF THE 
JUVENILE 
JUSTICE 
AND 
DELINQUENCY 
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: 
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Title 1. 
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GOVERNING PRINCIPLES 
IN THE ADMINISTRATION OF JUVENILE JUSTICE 
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SECTION I. Title and Scope. - 
This Act shall be known as the 
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“Juvenile Justice and Delinquency Prevention Act of 2003.” It shall cover the 
Chapter I. 
Title, Policy and Definition of Terms 
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rehabilitation and reintegration. 
different stages involving children in conflict with the law from prevention to 
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SEC. 2. Declaration of State Policy. - The State recognizes the vital 
role of children and youth in nation building and shall promote and protect 
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It shall 
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inculcate in the youth patriotism and nationalism, and encourage their 
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The State likewise recognizes the right of children to assistance, 
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including proper care and nutrition, and special protection from all forms of 
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neglect, abuse, cruelty and exploitation, and other conditions prejudicial to 
their physical, moral, spiritual, intellectual and social well-being. 
involvement in public and civic affairs. 
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their development. 


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Pursuant to Article 40 of the United Nations Convention on the Rights of 
the Child, the State recognizes the right of every child alleged as, accused of, 
or recognized as, having infringed the penal law to be treated in a manner 
consistent with the promotion of the child’s sense of dignity and worth, taking 
into account the child’s age and desirability of promoting 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 measures 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. 
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 himselflherself freely. The participation of children in the program 
and policy formulation and implementation related with juvenile justice and 
delinquency prevention shall be ensured by the concerned government agency. 
SEC. 3. Definition of Terms. - The following terms as used in this Act 
shall be defined as follows: 
(1) 
Bail - shall refer to the security given for the release of the 
person in custody of the law, furnished by him/her or a 
bondsman, to guarantee hislher appearance before any court. 
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Bail may be given in the form of corporate security, property 
bond, cash deposit, or recognizance. 
Child - shall refer to a person under the age of eighteen (18) 
years. 
Child in Conflict with the Law - shall refer to a child who is 
alleged as, accused of, or adjudged as, having committed an 
offense under Philippine laws. 
Child at Risk - shall 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: 
(a) 
(6) 
(c) 
being out-of-school; 
(d) 
being a streetchild; 
(e) 
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being abused, abandoned or neglected; 
coming from a dysfunctional or broken family; 
being a member of a gang; or 
living in a community with a high level of criminality or 
drug abuse. 
Community-based Programs - sha\\ refer to the programs 
provided in a community setting developed for the purposes of 
delinquency prevention and diversion, as well as rehabilitation of 
the child in conflict with the law for reintegration into his/her 
family and/or community. 
Deprivation of liberty - shall refer to any form of detention or 
imprisonment, or to the placement of a child in conflict with the 
law in a public or private custodial setting, from which the child 
in conflict with the law i s  not permitted to leave at will by order 
of any judicial or administrative authority. 
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(7) 
Diversion - shall refer to an alternative, child-appropriate process 
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(9) 
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of determining the responsibility and treatment of a child in 
conflict with the law on the basis of hidher social, cultural, 
economic, psychological or educational background without 
resorting to formal court adjudication. 
Diversion program - shall refer to the program that the child in 
conflict with the law is required to undergo after he/she is found 
responsible for an offense without resorting to formal court 
litigation. 
/nitia/ contact with the child I shall refer to the apprehension or 
taking into custody of a child in conflict with the law by law 
enforcement officers or private citizens. it includes the time 
when the child in conflict with the law receives a subpoena under 
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section 3 (b) of rule 112 of the revised rules of criminal procedure 
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or summons under section 6 (a) or sec. 9 (b) of the same rule in 
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immediate custody. 
cases that do not require preliminary investigation or where there 
is no necessity to place the child in confljct with the law under 
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( I O )  
Juvenile Justice System - shall mean proceedings starting from 
being taken into custody, including diversion proceedings, court 
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proceedings after the filing of the proper information until the 
disposition of the case, rehabilitation, reintegration, until the 
termination of after-care services. 
Offense - shall refer to any act or omission whether punishable 
under special ,laws or felonies punishable under the Revised Penal 
Code, as amended. 
Recognizance - shall refer to an undertaking in lieu of a bond 
assumed by a parent or custodian who shall be responsible for the 
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appearance in court by the child in conflict with the Law, when 
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required. 
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(13) 
Records - shall include those which may be in the files of the 
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National Bureau of Investigation and with any police department, 
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or any other government agency which may have been involved in 
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the case. 
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(14) 
Serious Offense - shall refer to an offense punishable by 
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imprisonment of more than six (6) years after considering the 
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privileged mitigating circumstance of minority. 
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Youth Detention Homes - shall refer to a twenty-four (24) hour 
(15) 
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child-caring institution providing short-term residential care for 
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youth offenders who are awaiting court disposition of their cases 
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or transfer to other agencies or jurisdiction. 
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Youth RehabiMation Center - shall refer to a facility that 
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provides twenty-four (24) hour group care, treatment and 
(16) 
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rehabilitation services under the guidance of a trained staff where 
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residents 
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cared for under a structured therapeutic 
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environment with the end in view of reintegrating them in their 
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families and communities as socially functioning individuals. 
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private offended party. 
(17) 
Victim/ess Crimes- shall refer to offenses where there are no 
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Justice 
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Chapter 2. Framework and Principles in the Administration of Juvenile 
SEC. 4. 
Framework of Restorative Justice. - This Act shall adopt the 
framework of restorative justice which requires a process of resolving conflicts 
with the maximum involvement of the victim, reconciliation of the offender, 
and the community. It seeks to obtain reparation for the victim, reconciliation 
of the offender, the offended and the community and reassurance to the 
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offender that he/she can be reintegrated into society. It also enhances public 
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strategies. 
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This framework shall promote accountability and responsibility, 
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safety by activating the offender, the victim and the community in prevention 
competency development and community safety. 
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the right to humane treatment from the time of his/her initial 
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contact with the criminal justice system, 
i.e., 
his/her 
apprehension or being taken into custody by law enforcement 
SEC. 5. Rights of the Child In Conflict with the Law. - 
Every child in 
conflict with the law shall have the following rights: 
(1) 
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officers or private citizens, or his/her receipt of subpoena, 
warrant of arrest or summons as the case may be. This includes, 
among others, the duty of the apprehending officer or person to 
properly identify himself/herself to the child in conflict with the 
law; to refrain from using vulgar or profane words and from 
sexually harassing or abusing the child in conflict with the law; to 
avoid the display or use of any firearm or weapon or other 
instruments of force or restraint unless absolutely necessary; to 
notify the parents or nearest relative of the child in conflict with 
the law and the local social welfare officer as soon as the 
apprehension is made; and after taking the child in conflict with 
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the law to an available government medical or health officer for a 
physical and mental examination, to hold the child in conflict 
with the law in quarters separate from that of the opposite sex 
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and adults; 
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(2) 
the right to be fingerprinted and photographed in a manner that i s  
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not humiliating and degrading; 
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(3) 
(4) 
(5) 
(7) 
(9) 
the right to have a complete and full case study report on 
him/her undertaken by the socia[ workers assigned to his/her 
case; 
the right to be furnished a copy of the approved resolution in the 
preliminary investigation conducted by the prosecutor; 
the right to bail and recognizance, in appropriate cases; 
the right to diversion if he/she is qualified and he/she voluntarily 
avails of the same; 
in addition to the constitutional rights of a person accused of a 
crime, the right to testify as a witness in his/her own behalf 
under the ruue on examination of the child witness; 
the right to have hidher privacy respected fully at all stages of 
the proceedings; 
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; 
the right to have restrictions on his/her personal liberty limited to 
the minimum, and where discretion i s  given by law to the judge 
to determine whether to impose fine or imprisonment, the 
imposition of fine preferred as the more appropriate penalty; 
the right not to be imposed corporal punishment; 
in general, the right to automatic suspension of sentence; 
the right to probation as alternative to jmprisonment, if qualified 
under the probation law; 
the right to confidentiality of the proceedings and records and to 
the sealing thereof; 
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(15) 
the right to be free from liability for perjury, concealment or 
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misrepresentation; 
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the right against branding or labeling with derogatory appellations 
such as criminal, delinquent, prostitute or vagrant; 
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(17) the 
right 
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remarks and 
practices, 
particularly with respect to his/her social or economic status, 
physical or ethnic origin; and 
other rights as provided under existing laws and rules. 
(18) 
The State further adopts 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”, and the United Nations Rules for the Protection of 
Juveniles Deprived of Liberty. 
SEC. 6. Responsibilities of Child in the Administration of Justice - 
Every child in conflict with the law shall have the following responsibilities: 
(1) 
to obey the rules of the facility where the child in conflict with 
the law i s  staying; and 
to respect the rights of other people living with the child in 
conflict with the law. 
(2) 
SEC. 7. Minimum Age of Criminal Responsibility. - A child twelve (12) 
years of age or under at the time of the commission of the offense shall be 
exempt from criminal liability. 
However, he/she shall be subjected to a 
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deLinquency prevention program pursuant to Section 28 of this Act. 
A child above twelve (12) years but below fifteen (15) years of age shall 
likewise be exempt from criminal liability and be subjected to a delinquency 
prevention program, unless he/she has acted with discernment, in which case, 
such child shall be subjected to the appropriate proceedings in accordance 
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with this Act. 
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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 
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in this Act. 
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The exemption from criminal liability herein established does not 
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include exemption from civil liability, which shall be enforced in accordance 
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with existing laws. 
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SEC. 8. Determination ofAge. - The child’s age may be determined 
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from the child’s birth certificate, baptismal certificate or any other pertinent 
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documents. 
In the absence of these documents, age may be based on 
information from the child him/herself, testimonies of other persons, 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 in his/her favor. 
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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 file 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. 
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If a case has been filed against the child 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 i s  pending. Pending 
hearing on the said motion, proceedings on, the main case shall be suspended. 
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TITLE II. 
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STRUCTURES IN THE ADMINISTRATION OF 
JUVENILE JUSTICE AND DELINQUENCY PREVENTION 
SEC. 9. Office of the Juvenile Justice and Delinquency Prevention 
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(OJJDPJ- An Office of Juvenile Justice and Delinquency Prevention (OJJDP) i s  
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hereby created and established under the Department of Justice headed by an 
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Administrator, 
who shall be appointed by the President, 
upon the 


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recommendation of 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 (BJMP); 
Commission on Human Rights (CHR); 
Technical Education and Skills Development Authority (TESDA); 
National Youth Commission (NYC); and 
Other institutions focused on juvenile justice and delinauency 
prevention. 
The OJJDP shaU coordinate with the Office of the Court Administrator 
and the Philippine Judicia( Academy to ensure the realization of i t s  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. I O .  Duties and Functions of the OJJDP. - The OJJDP shalt have 
the following duties and functions: 
(1) 
To oversee and supervise the implementation of this Act; 
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To advise the President through the Secretary o 
_stice on all 
matters and policies relating to juvenile justice and delinquency 
prevention; 
To assist agencies concerned with the administration of juvenile 
justice in the development of regulations in accordance with the 
policies and provisions of this Act; 
To periodically develop a comprehensive three (3) to five (5)-year 
national juvenile delinquency prevention program, with the 
participation of government agencies concerned, non-government 
organizations (NGOs) and youth organizations; 
To coordinate the implementation of the national iuvenile 
delinquency programs and activities by national government 
agencies and other activities which may have an important 
bearing on the success of the entire juvenile dehquency effort. 
All programs relating to juvenile justice and delinquency 
prevention shall be adopted in consultation with the OJJDP; 
To formulate and recommend policies and strategies in 
consultation with children themselves for the prevention of 
juvenile delinquency and the administration of justice, as well as 
for the treatment and rehabilitation of the child in conflict with 
the law; 
To collect relevant information and conduct a continuing research 
and support evaluations and studies on all matters relating to 
juvenile justice, such as, but not limited to: 
(a) 
the performance and results achieved by delinquency 
prevention programs and by activities of the local 
government units and other government agencies; 
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(b) 
the periodic trends, problems and causes of juvenile 
delinquency and crime; and 
the particular needs of juveniles in custody. 
(c) 
The data gathered shall be used by the OJJDP in the 
improvement of the administration of juvenile justice. 
The OJJDP shall set up a mechanism to ensure that children 
themselves are involved in research and policy development. 
To conduct inspections, through duly designated persons and with 
the assistance of the agencies provided in the preceding section, 
on a regular basis in detention and rehabilitation facilities and to 
undertake spot inspections on their own initiative in order to 
check compliance with the standards provided herein and to make 
the necessary recommendations to appropriate agencies; 
(8) 
(9) 
To initiate and coordinate the conduct of trainings for the 
personnel of the agencies involved in the administration of the 
juvenile justice system and delinquency prevention; 
( I O )  
To submit an annual report to the President, through the 
Secretary of Justice, on the implementation of this Act; and 
(11) To perform such other functions as may be necessary to 
implement the provisions of this Act. 
SEC. 11. Policies and Procedures on Juvenile Delinquency Prevention 
.- All government agencies provided in Section 9 shall, with the assistance of 
the OJJDP and within one (1) year from the effectivity of this Act, draft 
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 10 (4). 
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SEC. TZ. 
Child Rights Center (CRC). - The existing Child Rights 
Center of the Commission on Human Rights shall ensure that the status, rights 
and interests of children are upheld in accordance with the Constitution and 
international instruments on human rights. 
Title 111. 
PREVENTION OF JUVENILE DELINQUENCY 
Chapter 1. The Role of the Different Sectors 
SEC. 13. The Family. The family shall be responsible for the primary 
nurturing and rearing of children which i s  critical in delinquency prevention. 
SEC. 14. 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-formal education accreditation 
equivalency system. 
SEC. 15. 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 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. 16. Establishment and Strengthening of Local Councils for the 
Protection of Children. Local Councils for the Protection of Children (LCPCs) 
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shall be established in all levels of local government and strengthened, where 
they have already been established, within one (1) year from the 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 an 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 i t s  implementation. 
SEC. 17. 
Appointment of Local Social Welfare and Development 
Officer. 
All local government units shall appoint a duly licensed social worker 
as i t s  local social welfare and development officer tasked to assist children in 
conflict with the law. 
SEC. 18. The Sangguniang Kabataan. The Sangguniang Kabataan (SK) 
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. 
19. 
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, 
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cause of offending; 
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(2) 
Secondary prevention - includes measures to assist child-en 
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. 20. Community-Based Program on Delinquency Prevention. - 
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prevent reoffending 
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Title IV 
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TREATMENT OF 
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contact with the formal justice system and other measures to 
CHILDREN BELOW AGE OF CRIMINAL RESPONSIBILITY 


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SEC. 21. Children 'Below Age of Criminal Responsibility. - If it has 
been determined that the arrested child i s  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 child's nearest relative, giving notice to the local 
social welfare and development officer who will determine the appropriate 
programs in consultation with the child and the person having custody over the 
child. 
If the parents, guardians or nearest relatives cannot be located, the 
child shall be turned over to the local social welfare and development officer 
and when and where appropriate, the DSWD. If the child referred to in Section 
25 has been found to be abandoned, neglected and abused by his parents, or in 
event that the parents will not comply with the prevention program, the 
proper petition for involuntary commitment shall be filed by the DSWD 
pursuant to P.D. 603. 
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Title V. 
JUVENILE JUSTICE SYSTEM 
Chapter I. Initial Contact with the Child 
SEC. 
22. Procedure for Taking the Child into Custody. From the 
moment a child is taken into custody, the law enforcement officer shall: 
(1) 
Inform the child of the reason for such custody and advise 
him/her of hidher constitutional rights in a language or dialect 
understood by him/her; 
Properly identify himselflherself and present proper identification 
to the child; 
Refrain from using vulgar or profane words and from sexually 
harassing or abusing, or making sexual advances on the child in 
conflict with the law; 
Avoid displaying or using any firearm, weapon, handcuffs or other 
instruments of force or restraint, unless absolutely necessary and 
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(2) 
(3) 
(4) 
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only after all other methods of control have been exhausted and 
have failed; 
Refrain from subjecting the child in conflict with the law to 
greater restraint than i s  necessary for hidher apprehension; 
Avoid violence or unnecessary force; 
Determine the age of the child pursuant to section 7 of this act; 
and 
Notify the parentdguardians and local social welfare and 
development officer immediately upon apprehension and not later 
than eight (8) hours therefrom. 
The Local Social Welfare 
Development Officer shall explain to the child and his/her 
parents/guardians the consequences of hidher act with a view 
towards counseling and rehabilitation, diversion from the criminal 
justice system, and reparation, if appropriate. 
Take the child 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. 
If detention of the child in conflict with the law i s  necessary, to 
secure him/her in quarters separate from that of the opposite sex 
and adult offenders. 
Provided, that, a child in conflict with the law shall only be 
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searched by a law enforcement officer of the same gender. 
SEC. 23. Duties During Initial Investigation - The law enforcement 
officer shall, in his/her investigation, determine where the case involving the 
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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 Welfare and Development Officer. 
In the absence of 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 
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After the initial investigation, the authority conducting the same may do 
either of the following: 
(1) 
Proceed in accordance with Section 20 if the child is twelve (12) 
years old and below; or 
If the child i s  above 12 years old, proceed to diversion under the 
following chapter. 
(2) 
Chapter 2. Diversion 
SEC. 24. System of Diversion. - Children in Conflict with the Law shall 
undergo diversion programs without undergoing court proceedings subject to 
the conditions hereinafter provided: 
(1) 
Where the imposable penalty for the crime committed i s  not more 
than six (6) years imprisonment, the law enforcement officer or 
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 conflict resolution in 
accordance to the best interest of the child with a view to 
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formulation of a diversion program. The child and his/her family 
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In Victimless Crimes where the imposable penalty is not more 
than six (6) years imprisonment, the Local Social Welfare and 
Development Officer shall meet with the child and his/her parents 
or guardians for the development of the appropriate diversion and 
rehabilitation program, in coordination with the BCPC; 
Where the imposable penalty for the crime committed exceeds six 
(6) years imprisonment, diversion measures may be resorted to by 
the court. 
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inquest or preliminary investigation. 
SEC. 26. Contract of Diversion. - If during the conferencing, mediation 
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or conciliation, the child voluntarily admits the commission of the act, a 
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diversion program shall be developed when appropriate and desirable as 
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determined under Section 28. 
Such admission shall not be used against the 
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child in any subsequent judicial, quasi-judicial or administrative proceedings. 
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The diversion program shall be effective and bindi g if accepted by the parties 
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concerned. It shall be in writing and signed by th parties concerned and the 
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appropriate authorities. The Local social welfar 
development officer shall 
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supervise the implementation of the diversi n program. The diversion 
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proceedings shall be completed within forty-five (45) days. The period of 
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prescription of the offense shall be suspended during this forty-five day period. 
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The child shall present himself/herself to the competent authorities that 
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imposed the diversion program at least once a month for reporting and 
SEC. 25. Stages Where Diversion May Be Conducted. - Diversion may 
be conducted at the Katarungang Pambaranguy, the police investigation or the 
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evaluation of the effectiveness of the program. 
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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. 27. Duty of Punong Barangay When There Is No Diversion.- 
Where the offense does not fall under Section 23 (a) and (b), or if the child, 
his/her parents or guardian or the offended party do not consent to a 
diversion, the Punong Barangay handling the case shall forward the records of 
the case of the child to the law enforcement officer, prosecutor or the 
appropriate court, as the case may be. 
SEC. 28. Duty of Law Enforcement Officer When There is No 
Diversion. - Where the offense does not fall under Section 23 (a) and (b), or if 
the child, hidher parents or Zuardian or the offended party do not consent to a 
diversion, the Women and Children's Protection Desk of the Philippine Nationat 
Police, or other law enforcement officer handling the case shall forward the 
records of the case of the child under custody to the prosecutor or judge 
concerned for the conduct of inquest andlor prehminary 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. 
SEC. 29. Factors in Determining Diversion Program.- In determining 
whether diversions is appropriate and desirable, the following factors shall be 
taken into consideration: 
(1) 
(2) 
( 3 )  
The nature and circumstances of the offense charged; 
The frequency and the severity of the act; 
The circumstances of the accused child (e.%. age, maturity, 
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child; 
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(5) 
The reparation of injury to the victim; 
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The weight of the evidence against the child; 
(4) 
The influence of the family and environment on the growth of the 
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(8) 
SEC. 30. 
Formulation of Diversion Program - In formulating a 
diversion 
program, 
the 
individual 
characteristics 
and 
the 
peculiar 
circumstances of the Child in Conflict with the Law shall be used to formulate 
an individualized treatment. 
The following factors shall be considered in 
formulating a diversion program of the child: 
The safety of the community; and 
The best interest of the child. 
(1) 
(2) 
The child’s feelings of remorse for the offense he/she committed; 
The parents’ or legal guardians’ ability to guide and supervise the 
child; 
The victim’s view about the propriety of the measures to be 
imposed; and 
The availability of community based programs for rehabilitation 
and reintegration of the child. 
(3) 
(4) 
SEC. 31. 
Components of Diversion Program. - The diversion program 
shall include adequate socio-cultural and psychological responses and services 
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for the child. At the different stages where diversion may be resorted to, the 
following diversion programs may be agreed upon: 
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(a) 
Restitution of property; 
(1) 
At the level of the Punong Barangay, the law enforcement officer, 
the prosecutor and the appropriate court: 
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(b) 
Reparation of the damage caused; 
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(c) 
Indemnification for consequential damages; 
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(d) 
Written or oral apology; 


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(e) 
(f) 
Care, Guidance and Supervision Orders; 
Counseling for the Child in Conflict with the Law and the 
family;, 
Attendance in trainings, seminars and lectures on: 
(g) 
(i) anger management skills; 
(ii) 
(iii) 
values formation; and 
(iv) 
problem solving and/or conflict resolution skills; 
other skills which will aid the child to deal with 
situations which can lead to repetition of the 
offense; 
(h) 
Participation in available community-based programs, 
including community service; or 
(i) 
Participation in educational, vocational and tife skills 
programs. 
At the level of the law enforcement officer, the prosecutor and 
the appropriate court: 
(a) 
confiscation and forfeiture of the proceeds or instruments 
of the crime; 
At the level of the appropriate court: 
(a) 
(b) 
Fine; 
Written or oral reprimand or citation; 
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(c) 
Payment of the cost of the proceedings; or 
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(d) 
Institutional care and custody. 
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Chapter 3. Prosecution 
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SEC. 32. Duty of the Prosecutor’s Office.- There shall be a specially 
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trained prosecutor to conduct inquest, 
preliminary investigation and 
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prosecution of cases involving a Child in Conflict with the Law. 
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SEC. 33. PreIiminary Investigation and Filing of Information.- 
The 
prosecutor shall conduct a preliminary investigation in the following instances: 
(a) when the child in conflict with the law does not qualify for diversion; (b) 
when the parties do not agree to diversion as specified in Sec. 27 and sec. 28; 
(c) when considering the assessment and recommendation of the social worker, 
the prosecutor determines that diversion is not appropriate for the child in 
conflict with the law. 
Upon determination of probable cause by the prosecutor, 
the 
information against the child shall be filed before the Family Court within 
forty-five (45) days from the start of the preliminary investigation. 
Chapter 4. Court Proceedings 
SEC. 34. Bail. - For purposes of recommending the amount of bail, the 
privileged mitigating circumstance of minority shall be considered. 
SEC. 35. ReLease on Recognizance.- Where a child i s  detained, the 
court may, in i t s  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 Counselins 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. 36. Diversion measures. - Where the maximum penalty imposed 
by law for the offense with which the Child in Conflict with the Law i s  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 in 
Conflict with the Law, the court shall determine whether or not diversion i s  
appropriate. 
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SEC. 37. Automatic Suspension of Sentence.- Pursuant to the Family 
Courts Act, once the child i s  found guilty of the offense charged, the court 
shall promulgate sentence and ascertain any civil liability which may have 
resulted from the offense committed by the Child in Conflict with the Law. 
However, the sentence shall be suspended without need of application. 
SEC. 38. Various Disposition Measures.- Upon suspension of sentence 
and after considering the various circumstances of the child, the court shall 
impose the appropriate disposition measures, including, but not limited to any 
or a combination of the following: 
(1) 
(2) 
Probation; 
Care, guidance and supervision orders; 
(3) 
Community service orders; 
(4) 
(5) 
(6) 
(7) 
(8) 
Financial penalties, compensation and restitution; 
Intermediate treatment and other treatment orders; 
Orders to participate in group counseling and similar activities; 
Orders for living communities or open centers; 
Commitment order to youth rehabilitation center of the DSWD and 
other centers for children in conflict with the law authorized by 
the secretary of the DSWD; or, 
(9) 
Educational, vocational and life skills programs. 
The SSCD shall monitor the compliance with any of the above disposition 
measures. 
SEC. 39. Discharge of the Child in Conflict with the Law.- Upon the 
recommendation of the SSCD, 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. 
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The discharge of the Child 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. 40. Return of Child in Conflict With the Law to Court.- If the 
court finds that the objective of the disposition measures imposed upon the 
Child in Conflict with the Law have not been fulfilled, or the Child in Conflict 
with the Law has willfully failed to comply with the conditions of hidher 
disposition or rehabilitation program, the Child in Conflict with the Law shall 
be brought before the court for execution of the judgment . 
If said Child 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. 41. Credit in Service of Sentence. - The Child in Conflict with the 
Law shall be credited in the services of his/her sentence with the full time 
spent in actual commitment and detention under this Act. 
SEC. 42. 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, 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, Sec. 4 of Presidential Decree No. 968 i s  hereby amended 
accordingly. 
Chapter 5. Confidentiality of Records and Proceedings 
SEC. 43. Confidentiality of Records and Proceedings.- All records and 
proceedings involving Children in Conflict with the Law from initial contact 
until final disposition of the case shall be considered privileged and 
confidential. The public shall be excluded during the proceedings and the 
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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 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 liability imposed in the criminal action. 
The component authorities shall undertake all measures to protect this 
confidentiality of proceedings, including non-disclosure of records to the 
media, maintaining a separate police blotter for cases involving Children in 
Conflict with the Law and adopting a system of coding to conceal a material 
information which will lead to the child’s identity. 
Records of a Child in 
Conflict with the Law shall not be used in subsequent proceedings for cases 
involving the same offender as an adult, except when beneficial for 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 
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Title VI. 
DETENTION, REHABILITATION AND REINTEGRATION 
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SEC. 44. 
Objective of Institutional Treatment.- The objective of 
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training and treatment of children in conflict with the law temporarily placed 
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in institutions i s  to provide care, protection, education, competency 
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development and life skills, with the view of assisting them to assume socially 
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constructive and productive roles in society. 
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SEC. 45. Commitment Order Required.- No chilh shall be received in 
any detention, rehabilitation or training facility without a valid commitment 
order issued by the court after a hearing for the purpose. The details of this 
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order shall be immediately entered in a register exclusively for Children in 
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Conflict with the Law. No child shall be detained in 
no such register. 
SEC. 46. 
Separate Detention Facilities 
ny facility where there is 
From Adults. - In all 
detention, rehabilitation or training facilities, children shall be separated from 
adults unless they are members of the same family. Under controlled 
conditions, the Child in Conflict with the Law may be brought together with 
carefully selected adults as part of a special program that has been determined 
by the head of the facility to be beneficial for the child in conflict with the 
law. 
SEC. 47. Female Offenders.- Female children in conflict with the law 
placed in an institution shall be given special attention as to their personal 
needs and problems. 
They shall be handled by female doctors, correction 
officers and social workers. 
SEC. 48. Gender-Sensitivity Training. No personnel of rehabilitation, 
detention and training facilities shall handle children in conflict with the law 
without having undergone gender-sensitivity training. 
SEC. 49. 
Detention of the Child Pending Trial.- Children detained 
pending trial may be released on bail or recognizance as provided for under 
Sections 34 and 35. 
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. 
Whenever detention i s  necessary, a child will always be detained in the 
youth detention home established by local governments, pursuant to Section 8 
of the Family Courts Act, in the city or municipality where the child resides. 
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In the absence of Youth Detention Homes, the Child in Conflict with the 
Law may be committed to the care of the DSWD, a Youth Detention Center, 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 
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concerned shall be responsible for the child’s appearance in court whenever 
required. 
SEC. 50. Establishment of Youth Homes by Private 0rganizations.- 
Youth Homes may also be established by private and non-government 
organizations licensed and accredited by the DSWD, in consultation with the 
OJJDP. 
SEC. 51. Care and Maintenance of the Child in Conflict with the Law. 
The DSWD, the local government unit concerned, or the private and non- 
government organizations licensed and accredited by the DSWD shall shoulder 
the expenses for the care and maintenance of the child under their 
institutional care. 
SEC. 52. Confinement of Convicted Children in Agricultural Camps 
and other Training Facilities. - 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 and 
other training facilities that may be established, maintained, supervised and 
controlled by the Bureau of Corrections. 
SEC. 53. 
Duties Of Detention, Rehabilitation and Training 
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Personnel.- In the performance of their duties, personnel of detention, 
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rehabilitation and training facilities shall respect and protect the human 
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SEC. 54. Rehabilitation of Children in Conflict with the Law.- 
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Children in conflict with the law, whose sentences are suspended may, upon 
dignity and fundamental human rights of all children under their care. 
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(I) 
Residential or community-based rehabilitation in the DSWD Youth 
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Rehabilitation Center, 
any DSWD-accredited 
NGO Youth 
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Rehabilitation Center, Parole and Probation provincial and city 
order of the court, undergo any or a combination of the following disposition 
measures best suited to the rehabilitation and welfare of the child: 
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field offices, or in the community; 
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(2) 
Care, guidance and supervision orders; 
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(3) 
Community service orders; 
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(4) 
Drug and alcohol treatment; or 
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(5) 
Participation in group counseling and similar activities. 
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SEC. 55. Youth Rehabilitation Center.- The Youth Rehabilitation 
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Center shall provide twenty-four (24) hour group care, treatment and 
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rehabilitation services undelr the guidance of a trained staff where residents 
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Prevent disruption in the education or means of livelihood of the 
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Child in Conflict with the Law in case he/she is studying, working 
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or attending vocational learning institutions; 
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Prevent separation of the Child in Conflict with the Law from 
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hidher parents/guardians to maintain the support system 
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fostered by their relationship and to create greater awareness of 
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their mutual and reciprocal responsibilities; 
are cared for under a structured therapeutic environment with the end in view 
of reintegrating them in their families and communities as socially functioning 
individuals. A quarterly report shall be submitted by the Center to the proper 
court on the progress of the children in conflict with the law. Based on the 
progress of the youth in the centers, a final report will be forwarded to the 
court for final disposition of the case. 
SEC. 56. Objectives of Community Based Programs- The objectives of 
a community-based programs are as follows: 
(1) 
(2) 
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(3) 
(4) 
SEC. 
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Facilitate the rehabilitation and mainstreaming of 
Conflict with the Law and encourage community 
involvement; and 
the Child in 
support and 
Minimize the stigma that attaches to the Child in Conflict with the 
Law by preventing jail detention. 
57. Criteria of Community-Based Programs.- Every local 
unit shalL establish community-based programs 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. 
Community-based programs shall consist of, but shall not be limited to 
community service. 
SEC. 58. Community-Based Rehabilitation. - The Child in Conflict with 
the Law, whose sentences are suspended may, upon order of the court, 
undergo rehabilitation in the community. The Child in Conflict with the Law 
will be released to parents, relatives or any other responsible person in the 
community. Under the supervision and guidance of the Local Social Welfare 
Development Officer, and in coordination with his/her parents/guardian, the 
Children in Conflict with the Law shall participate in any of the following 
community-based programs: 
(1) 
(2) 
Socio-cultural and recreational activities; 
(3) 
Community volunteer projects; 
Competency and life skills development; 
(4) 
Leadership training, and, 
(5) 
Community and family welfare services, among others. 
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Based on the progress of the youth in the community, a final report will 
be forwarded by the Local Social Welfare and Development Officer to the court 
for final disposition of the case. 
Where community based programs are provided as a diversion measure 
under Chapter II, Title V, the programs enumerated above shall be made 
available to the Child in Conflict with the Law. 
SEC. 59. After Care Support Services for Children in Conflict with the 
Law.- Children in Conflict with the Law whose cases had been dismissed by the 
proper court because of iood behavior as per recommendation of the DSWD 
social worker and/or any accredited NGO Youth Rehabilitation Center shall be 
provided after-care services by the 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 re-offending and become productive members of the community. 
Title VIII. 
GENERAL PROVISIONS 
Chapter 1. Exempting Provisions 
SEC. 60. Status Offenses.- Any conduct not considered an offense or 
not penalized if committed by an adult shall not be considered an offense and 
shall notbe punishable if committed by a child. 
SEC. 61. 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. 
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Chapter 2. Prohibited Acts 
SEC. 62. 
Prohibition Against Labeling. - 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 ethnic origins. 
SEC. 63. 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 in Conflict with the Law and therefore, prohibited: 
(1) 
(2) 
Employment of threats of whatever kind and nature; 
Employmeqt of abusive, coercive and punitive measures such as 
cursing, beating, stripping, and solitary confinement; 
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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 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; 
Compelling the child to perform involuntarily servitude in any and 
all forms under any and all instances. 
(4) 
Chapter 3. Penal Provision 
SEC. 64. Vioiation 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 more than Six 
Thousand Pesos (PHP6,OOO.OO) or suffer imprisonment of not less than eight (8) 
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disqualification. 
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Chapter 4. Appropriation Provision 
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SEC. 
65. 
Appropriations. 
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The amount necessary for the 
years but not more than ten (IO) years, or both such fine and imprisonment at 
the discretion of the court, unless a hizher 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 
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An initial amount of Ten Million Pesos (PHP10,000,000,00) for the 
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purpose of setting up the OJJDP shall be taken from the proceeds of the 
13 
Philippine Charity Sweepstakes Office. 
14 
Title VIII. 
15 
TRANSITORY PROVISIONS 
16 
SEC. 66. Children in Conflict with the Law 12 Years Old and Below.- 
17 
Upon effectivity of this Act, cases of children twelve years old and below at the 
18 
time of the commission of the crime shall immediately be dismissed and the 
I 9  
child shall be referred to the appropriate Local Social Welfare and 
20 
Development Officer. The Local Social Welfare and Development Officer, upon 
21 
thorough assessment of the child, shall determine whether to release him/her 
22 
to the custody of his/her parents, or refer him/her to prevention programs as 
23 
provided under this act. Those with suspended sentences and undergoing 
24 
rehabilitation at the youth rehabilitation center shall likewise be released, 
25 
unless it i s  contrary to the best interest of the child. 
26 
SEC. 67. Children Detained Pending Trial.- If the child i s  detained 
27 
pending trial, the Family Court shall also determine whether or not continued 
28 
detention i s  necessary and, if not, determine appropriate alternatives for 
implementation of this Act shall be included in the General Appropriations Act 
of the year following i t s  enactment into law and thereafter. 
29 
detention. If detention i s  necessary and he/she is detained with adults, the 
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1 
2 
home. 
3 
SEC. 68. Children who reached the Age of I8 pending Diversion and 
4 
Court Proceedings. - if a child reaches the age of eighteen (18) pending 
5 
diversion and court proceedings, the appropriate diversion authority in 
6 
consultation with LSWDO or the Family Court in consultation with the SSCD, as 
7 
the case may be, shall determine the appropriate disposition. 
In case the 
8 
appropriate court executes the judgment of conviction, and unless the Child in 
9 
Conflict with the Law has already availed of probation under P.D. 603 or other 
10 
similar laws, the child may apply for probation if qualified under the provisions 
I 1  
of the Probation Law or P. D. 968. 
12 
Title IX. 
13 
FINAL PROVISIONS 
court shall immediately order the transfer of the child to a youth detention 
14 
SEC. 69. Rule Making Power. - Except that which i s  reserved by the 
15 
Constitution to the Supreme Court, the rule making power under this Act shall 
16 
be exercised by the Department of Justice. The Department of Justice shall, in 
17 
consultation with the Department of Social Welfare and Development, the 
18 
Department of the interior and Local Government, Philippine National Police, 
19 
Council for the Welfare of Children, National Youth Commission, Commission on 
20 
the Human Rights, and child-focused NGO issue the necessary rules and 
21 
regulations for the implementation of the provisions of this Act within one (1) 
22 
23 
year from the effectivity thereof. 
SEC. 70. Separability Clause. - If, for any reason, any section or 
24 
25 
26 
27 
28 
29 
provision of this Act i s  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. 71. 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. 
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1 
SEC. 72. Effectivity. - This Act shall take aft r fifteen (1 5) days from it 
2 
publication in at Least two (2) national newspaper of general circulation. 
Approved, 
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