(c) The State likewise recognizes the right of

children to assistance, including proper care and

nutrition, and special protection from all forms of
Thirteenth Congress neglect, abuse, cruelty and exploitation, and other
Second Regular Session conditions prejudicial to their development.
Begun and held in Metro Manila, on Monday, the (d) Pursuant to Article 40 of the United Nations
twenty-fifth day of July, two thousand five. Convention on the Rights of the Child, the State
REPUBLIC ACT No. 9344 recognizes the right of every child alleged as,
AN ACT ESTABLISHING A accused of, adjudged, or recognized as having
COMPREHENSIVE JUVENILE JUSTICE infringed the penal law to be treated in a manner
AND WELFARE SYSTEM, CREATING THE consistent with the promotion of the child's sense
JUVENILE JUSTICE AND WELFARE of dignity and worth, taking into account the
COUNCIL UNDER THE DEPARTMENT OF child's age and desirability of promoting his/her
JUSTICE, APPROPRIATING FUNDS reintegration. Whenever appropriate and desirable,
THEREFOR AND FOR OTHER PURPOSES the State shall adopt measures for dealing with
such children without resorting to judicial
Be it enacted by the Senate and House of
proceedings, providing that human rights and legal
Representatives of the Philippine Congress
safeguards are fully respected. It shall ensure that
Assembled:
children are dealt with in a manner appropriate to
TITLE I their well-being by providing for, among others, a
GOVERNING PRINCIPLES variety of disposition measures such as care,
CHAPTER 1 guidance and supervision orders, counseling,
TITLE, POLICY AND DEFINITION OF probation, foster care, education and vocational
TERMS training programs and other alternatives to
Section 1. Short Title and Scope. - This Act shall institutional care.
be known as the "Juvenile Justice and Welfare (e) The administration of the juvenile justice and
Act of 2006." It shall cover the different stages welfare system shall take into consideration the
involving children at risk and children in conflict cultural and religious perspectives of the Filipino
with the law from prevention to rehabilitation and people, particularly the indigenous peoples and the
reintegration. Muslims, consistent with the protection of the
SEC. 2. Declaration of State Policy. - The rights of children belonging to these communities.
following State policies shall be observed at all (f) The State shall apply the principles of
times: restorative justice in all its laws, policies and
(a) The State recognizes the vital role of children programs applicable to children in conflict with the
and youth in nation building and shall promote and law.
protect their physical, moral, spiritual, intellectual SEC. 3. Liberal Construction of this Act. - In case
and social well-being. It shall inculcate in the of doubt, the interpretation of any of the provisions
youth patriotism and nationalism, and encourage of this Act, including its implementing rules and
their involvement in public and civic affairs. regulations (IRRs), shall be construed liberally in
(b) The State shall protect the best interests of the favor of the child in conflict with the law.
child through measures that will ensure the SEC. 4. Definition of Terms. - The following
observance of international standards of child terms as used in this Act shall be defined as
protection, especially those to which the follows:
Philippines is a party. Proceedings before any (a) "Bail" refers to the security given for the
authority shall be conducted in the best interest of release of the person in custody of the law,
the child and in a manner which allows the child to furnished by him/her or a bondsman, to guarantee
participate and to express himself/herself freely. his/her appearance before any court. Bail may be
The participation of children in the program and given in the form of corporate security, property
policy formulation and implementation related to bond, cash deposit, or recognizance.
juvenile justice and welfare shall be ensured by the
(b) "Best Interest of the Child" refers to the totality
concerned government agency.
of the circumstances and conditions which are
most congenial to the survival, protection and (i) "Diversion" refers to an alternative, child-
feelings of security of the child and most appropriate process of determining the
encouraging to the child's physical, psychological responsibility and treatment of a child in conflict
and emotional development. It also means the least with the law on the basis of his/her social, cultural,
detrimental available alternative for safeguarding economic, psychological or educational
the growth and development of the child. background without resorting to formal court
(e) "Child" refers to a person under the age of proceedings.
eighteen (18) years. (j) "Diversion Program" refers to the program that
(d) "Child at Risk" refers to a child who is the child in conflict with the law is required to
vulnerable to and at the risk of committing undergo after he/she is found responsible for an
criminal offenses because of personal, family and offense without resorting to formal court
social circumstances, such as, but not limited to, proceedings.
the following: (k) "Initial Contact With-the Child" refers to the
(1) being abused by any person through sexual, apprehension or taking into custody of a child in
physical, psychological, mental, economic or any conflict with the law by law enforcement officers
other means and the parents or guardian refuse, are or private citizens. It includes the time when the
unwilling, or unable to provide protection for the child alleged to be in conflict with the law receives
child; a subpoena under Section 3(b) of Rule 112 of the
(2) being exploited including sexually or Revised Rules of Criminal Procedure or summons
economically; under Section 6(a) or Section 9(b) of the same
Rule in cases that do not require preliminary
(3) being abandoned or neglected, and after
investigation or where there is no necessity to
diligent search and inquiry, the parent or guardian
place the child alleged to be in conflict with the
cannot be found;
law under immediate custody.
(4) coming from a dysfunctional or broken family
(I) "Intervention" refers to a series of activities
or without a parent or guardian;
which are designed to address issues that caused
(5) being out of school;
the child to commit an offense. It may take the
(6) being a streetchild; form of an individualized treatment program which
(7) being a member of a gang; may include counseling, skills training, education,
(8) living in a community with a high level of and other activities that will enhance his/her
criminality or drug abuse; and psychological, emotional and psycho-social well-
(9) living in situations of armed conflict. being.
(e) "Child in Conflict with the Law" refers to a (m) "Juvenile Justice and Welfare System" refers
child who is alleged as, accused of, or adjudged as, to a system dealing with children at risk and
having committed an offense under Philippine children in conflict with the law, which provides
laws. child-appropriate proceedings, including programs
(f) "Community-based Programs" refers to the and services for prevention, diversion,
programs provided in a community setting rehabilitation, re-integration and aftercare to ensure
developed for purposes of intervention and their normal growth and development.
diversion, as well as rehabilitation of the child in (n) "Law Enforcement Officer" refers to the person
conflict with the law, for reintegration into his/her in authority or his/her agent as defined in Article
family and/or community. 152 of the Revised Penal Code, including a
(g) "Court" refers to a family court or, in places barangay tanod.
where there are no family courts, any regional trial (0) "Offense" refers to any act or omission whether
court. punishable under special laws or the Revised Penal
(h) "Deprivation of Liberty" refers to any form of Code, as amended.
detention or imprisonment, or to the placement of a (p) "Recognizance" refers to an undertaking in lieu
child in conflict with the law in a public or private of a bond assumed by a parent or custodian who
custodial setting, from which the child in conflict shall be responsible for the appearance in court of
with the law is not permitted to leave at will by the child in conflict with the law, when required.
order of any judicial or administrative authority.
(q) "Restorative Justice" refers to a principle which (b) the right not to be imposed a sentence of capital
requires a process of resolving conflicts with the punishment or life imprisonment, without the
maximum involvement of the victim, the offender possibility of release;
and the community. It seeks to obtain reparation (c) the right not to be deprived, unlawfully or
for the victim; reconciliation of the offender, the arbitrarily, of his/her liberty; detention or
offended and the community; and reassurance to imprisonment being a disposition of last resort, and
the offender that he/she can be reintegrated into which shall be for the shortest appropriate period
society. It also enhances public safety by activating of time;
the offender, the victim and the community in (d) the right to be treated with humanity and
prevention strategies. respect, for the inherent dignity of the person, and
(r) "Status Offenses" refers to offenses which in a manner which takes into account the needs of
discriminate only against a child, while an adult a person of his/her age. In particular, a child
does not suffer any penalty for committing similar deprived of liberty shall be separated from adult
acts. These shall include curfew violations; offenders at all times. No child shall be detained
truancy, parental disobedience and the like. together with adult offenders. He/She shall be
(s) "Youth Detention Home" refers to a 24-hour conveyed separately to or from court. He/She shall
child-caring institution managed by accredited await hearing of his/her own case in a separate
local government units (LGUs) and licensed and/or holding area. A child in conflict with the law shall
accredited nongovernment organizations (NGOs) have the right to maintain contact with his/her
providing short-term residential care for children in family through correspondence and visits, save in
conflict with the law who are awaiting court exceptional circumstances;
disposition of their cases or transfer to other (e) the right to prompt access to legal and other
agencies or jurisdiction. appropriate assistance, as well as the right to
(t) "Youth Rehabilitation Center" refers to a 24- challenge the legality of the deprivation of his/her
hour residential care facility managed by the liberty before a court or other competent,
Department of Social Welfare and Development independent and impartial authority, and to a
(DSWD), LGUs, licensed and/or accredited NGOs prompt decision on such action;
monitored by the DSWD, which provides care, (f) the right to bail and recognizance, in
treatment and rehabilitation services for children in appropriate cases;
conflict with the law. Rehabilitation services are (g) the right to testify as a witness in hid/her own
provided under the guidance of a trained staff behalf under the rule on examination of a child
where residents are cared for under a structured witness;
therapeutic environment with the end view of (h) the right to have his/her privacy respected fully
reintegrating them into their families and at all stages of the proceedings;
communities as socially functioning individuals.
(i) the right to diversion if he/she is qualified and
Physical mobility of residents of said centers may
voluntarily avails of the same;
be restricted pending court disposition of the
charges against them. (j) the right to be imposed a judgment in
proportion to the gravity of the offense where
(u) "Victimless Crimes" refers to offenses where
his/her best interest, the rights of the victim and the
there is no private offended party.
needs of society are all taken into consideration by
CHAPTER 2 the court, under the principle of restorative justice;
PRINCIPLES IN THE ADMINISTRATION OF
(k) the right to have restrictions on his/her personal
JUVENILE JUSTICE AND WELFARE
liberty limited to the minimum, and where
SEC. 5. Rights of the Child in Conflict with the discretion is given by law to the judge to determine
Law. - Every child in conflict with the law shall whether to impose fine or imprisonment, the
have the following rights, including but not limited imposition of fine being preferred as the more
to: appropriate penalty;
(a) the right not to be subjected to torture or other (I) in general, the right to automatic suspension of
cruel, inhuman or degrading treatment or sentence;
punishment;
(m) the right to probation as an alternative to which shall decide the case within twenty-four (24)
imprisonment, if qualified under the Probation hours from receipt of the appropriate pleadings of
Law; all interested parties.
(n) the right to be free from liability for perjury, If a case has been fiied against the child in conflict
concealment or misrepresentation; and with the law and is pending in the appropriate
(o) other rights as provided for under existing laws, court, the person shall file a motion to determine
rules and regulations. the age of the child in the same court where the
The State further adopts the provisions of the case is pending. Pending hearing on the said
United Nations Standard Minimum Rules for the motion, proceedings on the main case shall be
Administration of Juvenile Justice or "Beijing suspended.
Rules", United Nations Guidelines for the In all proceedings, law enforcement officers,
Prevention of Juvenile Delinquency or the "Riyadh prosecutors, judges and other government officials
Guidelines", and the United Nations Rules for the concerned shall exert all efforts at determining the
Protection of Juveniles Deprived of Liberty. age of the child in conflict with the law.
SEC. 6. Minimum Age of Criminal TITLE II
Responsibility. - A child fifteen (15) years of age STRUCTURES IN THE ADMINISTRATION
or under at the time of the commission of the OF JUVENILE JUSTICE AND WELFARE
offense shall be exempt from criminal liability. SEC. 8. Juvenile Justice and Welfare Council
However, the child shall be subjected to an (JJWC). - A Juvenile Justice and Welfare Council
intervention program pursuant to Section 20 of this (JJWC) is hereby created and attached to the
Act. Department of Justice and placed under its
A child above fifteen (15) years but below eighteen administrative supervision. The JJWC shall be
(18) years of age shall likewise be exempt from chaired by an undersecretary of the Department of
criminal liability and be subjected to an Social Welfare and Development. It shall ensure
intervention program, unless he/she has acted with the effective implementation of this Act and
discernment, in which case, such child shall be coordination among the following agencies:
subjected to the appropriate proceedings in (a) Council for the Welfare of Children (CWC);
accordance with this Act. (b) Department of Education (DepEd);
The exemption from criminal liability herein (c) Department of the Interior and Local
established does not include exemption from civil Government (DILG);
liability, which shall be enforced in accordance (d) Public Attorney's Office (PAO);
with existing laws. (e) Bureau of Corrections (BUCOR);
SEC. 7. Determination ofAge. - The child in (f) Parole and Probation Administration (PPA)
conflict with the law shall enjoy the presumption
(g) National Bureau of Investigation (NBI);
of minority. He/She shall enjoy all the rights of a
child in conflict with the law until he/she is proven (h) Philippine National Police (PNP);.
to be eighteen (18) years old or older. The age of a (i) Bureau of Jail Management and Penology
child may be determined from the child's birth (BJMP);
certificate, baptismal certificate or any other (i) Commission on Human Rights (CHR);
pertinent documents. In the absence of these (k) Technical Education and Skills Development
documents, age may be based on information from Authority (TESDA);
the child himself/herself, testimonies of other (l) National Youth Commission (NYC); and
persons, the physical appearance of the child and (m) Other institutions focused on juvenile justice
other relevant evidence. In case of doubt as to the and intervention programs.
age of the child, it shall be resolved in his/her
The JJWC shall be composed of representatives,
favor.
whose ranks shall not be lower than director, to be
Any person contesting the age of the child in designated by the concerned heads of the following
conflict with the law prior to the filing of the departments or agencies:
information in any appropriate court may file a
(a) Department of Justice (DOJ);
case in a summary proceeding for the
determination of age before the Family Court
(b) Department of Social Welfare and (g) To collect relevant information and conduct
Development (DSWD); continuing research and support evaluations and
(c) Council for the Welfare of Children (CWC) studies on all matters relating to juvenile justice
(d) Department of Education (DepEd); and welfare, such as but not limited to:
(e) Department of the Interior and Local (1) the performance and results achieved by
Government (DILG) juvenile intervention programs and by activities of
the local government units and other government
(f) Commission on Human Rights (CHR);
agencies;
(g) National Youth Commission (NYC); and
(2) the periodic trends, problems and causes of
(h) Two (2) representatives from NGOs, one to be
juvenile delinquency and crimes; and
designated by the Secretary of Justice and the other
(3) the particular needs of children in conflict with
to be designated by the Secretary of Social Welfare
the law in custody.
and Development.
The data gathered shall be used by the JJWC in the
The JJWC shall convene within fifteen (15) days
improvement of the administration of juvenile
from the effectivity of this Act. The Secretary of
justice and welfare system.
Justice and the Secretary of Social Welfare and
Development shall determine the organizational The JJWC shall set up a mechanism to ensure that
structure and staffing pattern of the JJWC. children are involved in research and policy
development.
The JJWC shall coordinate with the Office of the
Court Administrator and the Philippine Judicial (h) Through duly designated persons and with the
Academy to ensure the realization of its mandate assistance of the agencies provided in the
and the proper discharge of its duties and preceding section, to conduct regular inspections in
functions, as herein provided. detention and rehabilitation facilities and to
undertake spot inspections on their own initiative
SEC. 9. Duties and Functions of the JJWC. - The
in order to check compliance with the standards
JJWC shall have the following duties and
provided herein and to make the necessary
functions:
recommendations to appropriate agencies;
(a) To oversee the implementation of this Act;
(i) To initiate and coordinate the conduct of
(b) To advise the President on all matters and
trainings for the personnel of the agencies involved
policies relating to juvenile justice and welfare;
in the administration of the juvenile justice and
(c) To assist the concerned agencies in the review welfare system and the juvenile intervention
and redrafting of existing policies/regulations or in program;
the formulation of new ones in line with the
(j) To submit an annual report to the President on
provisions of this Act;
the implementation of this Act; and
(d) To periodically develop a comprehensive 3 to
(k) To perform such other functions as may be
5-year national juvenile intervention program, with
necessary to implement the provisions of this Act.
the participation of government agencies
SEC. 10. Policies and Procedures on Juvenile
concerned, NGOs and youth organizations;
Justice and Welfare. - All government agencies
(e) To coordinate the implementation of the
enumerated in Section 8 shall, with the assistance
juvenile intervention programs and activities by
of the JJWC and within one (1) year from the
national government agencies and other activities
effectivity of this Act, draft policies and procedures
which may have an important bearing on the
consistent with the standards set in the law. These
success of the entire national juvenile intervention
policies and procedures shall be modified
program. All programs relating to juvenile justice
accordingly in consultation with the JJWC upon
and welfare shall be adopted in consultation with
the completion of the national juvenile intervention
the JJWC;
program as provided under Section 9 (d).
(f) To formulate and recommend policies and
SEC. 11. Child Rights Center (CRC). - The
strategies in consultation with children for the
existing Child Rights Center of the Commission on
prevention of juvenile delinquency and the
Human Rights shall ensure that the status, rights
administration of justice, as well as for the
and interests of children are upheld in accordance
treatment and rehabilitation of the children in
with the Constitution and international instruments
conflict with the law;
on human rights. The CHR shall strengthen the government, and where they have already been
monitoring of government compliance of all treaty established, they shall be strengthened within one
obligations, including the timely and regular (1) year from the effectivity of this Act.
submission of reports before the treaty bodies, as Membership in the LCPC shall be chosen from
well as the implementation and dissemination of among the responsible members of the community,
recommendations and conclusions by government including a representative from the youth sector, as
agencies as well as NGOs and civil society. well as representatives from government and
TITLE III private agencies concerned with the welfare of
PREVENTION OF JUVENILE children.
DELINQUENCY The local council shall serve as the primary agency
CHAPTER 1 to coordinate with and assist the LGU concerned
THE ROLE OF THE DIFFERENT SECTORS for the adoption of a comprehensive plan on
SEC. 12. The Family. - The family shall be delinquency prevention, and to oversee its proper
responsible for the primary nurturing and rearing implementation.
of children which is critical in delinquency One percent (1%) of the internal revenue allotment
prevention. As far as practicable and in accordance of barangays, municipalities and cities shall be
with the procedures of this Act, a child in conflict allocated for the strengthening and implementation
with the law shall be maintained in his/her family. of the programs of the LCPC: Provided, That the
SEC. 13. The Educational System. - Educational disbursement of the fund shall be made by the
institutions shall work together with families, LGU concerned.
community organizations and agencies in the SEC. 16. Appointment of Local Social Welfare
prevention of juvenile delinquency and in the and Development Officer. - All LGUs shall
rehabilitation and reintegration of child in conflict appoint a duly licensed social worker as its local
with the law. Schools shall provide adequate, social welfare and development officer tasked to
necessary and individualized educational schemes assist children in conflict with the law.
for children manifesting difficult behavior and SEC. 17. The Sangguniang Kabataan. - The
children in conflict with the law. In cases where Sangguniang Kabataan (SK) shall coordinate with
children in conflict with the law are taken into the LCPC in the formulation and implementation
custody or detained in rehabilitation centers, they of juvenile intervention and diversion programs in
should be provided the opportunity to continue the community.
learning under an alternative learning system with CHAPTER 2
basic literacy program or non- formal education COMPREHENSIVE JUVENILE
accreditation equivalency system. INTERVENTION PROGRAM
SEC. 14. The Role of the Mass Media. - The mass SEC. 18. Development of a Comprehensive
media shall play an active role in the promotion of Juvenile Intervention Program. - A
child rights, and delinquency prevention by Comprehensive juvenile intervention program
relaying consistent messages through a balanced covering at least a 3-year period shall be instituted
approach. Media practitioners shall, therefore, have in LGUs from the barangay to the provincial level.
the duty to maintain the highest critical and The LGUs shall set aside an amount necessary to
professional standards in reporting and covering implement their respective juvenile intervention
cases of children in conflict with the law. In all programs in their annual budget.
publicity concerning children, the best interest of The LGUs, in coordination with the LCPC, shall
the child should be the primordial and paramount call on all sectors concerned, particularly the child-
concern. Any undue, inappropriate and focused institutions, NGOs, people's organizations,
sensationalized publicity of any case involving a educational institutions and government agencies
child in conflict with the law is hereby declared a involved in delinquency prevention to participate
violation of the child's rights. in the planning process and implementation of
SEC. 15. Establishment and Strengthening of juvenile intervention programs. Such programs
Local Councils for the Protection of Children. - shall be implemented consistent with the national
Local Councils for the Protection of Children program formulated and designed by the JJWC.
(LCPC) shall be established in all levels of local The implementation of the comprehensive juvenile
intervention program shall be reviewed and with the prevention program, the proper petition
assessed annually by the LGUs in coordination for involuntary commitment shall be filed by the
with the LCPC. Results of the assessment shall be DSWD or the Local Social Welfare and
submitted by the provincial and city governments Development Office pursuant to Presidential
to the JJWC not later than March 30 of every year. Decree No. 603, otherwise ,known as "The Child
SEC. 19. Community-based Programs on and Youth Welfare Code".
Juvenile Justice and Welfare. - Community-based TITLE V
programs on juvenile justice and welfare shall be JUVENILE JUSTICE AND WELFARE
instituted by the LGUs through the LCPC, school, SYSTEM
youth organizations and other concerned agencies. CHAPTER I
The LGUs shall provide community-based services INITIAL CONTACT WITH THE CHILD
which respond to the special needs, problems, SEC. 21. Procedure for Taking the Child into
interests and concerns of children and which offer Custody. - From the moment a child is taken into
appropriate counseling and guidance to them and custody, the law enforcement officer shall:
their families. These programs shall consist of (a) Explain to the child in simple language and in a
three levels: dialect that he/she can understand why he/she is
(a) Primary intervention includes general measures being placed under custody and the offense that
to promote social justice and equal opportunity, he/she allegedly committed;
which tackle perceived root causes of offending; (b) Inform the child of the reason for such custody
(b) Secondary intervention includes measures to and advise the child of his/her constitutional rights
assist children at risk; and in a language or dialect understood by him/her;
(c) Tertiary intervention includes measures to (e) Properly identify himself/herself and present
avoid unnecessary contact with the formal justice proper identification to the child;
system and other measures to prevent re-offending. (d) Refrain from using vulgar or profane words and
TITLE IV from sexually harassing or abusing, or making
TREATMENT OF CHILDREN BELOW THE sexual advances on the child in conflict with the
AGE OF CRIMINAL RESPONSIBILITY law;
SEC. 20. Children Below the Age of Criminal (e) Avoid displaying or using any firearm, weapon,
Responsibility. - If it has been determined that the handcuffs or other instruments of force or restraint,
child taken into custody is fifteen (15) years old or unless absolutely necessary and only after all other
below, the authority which will have an initial methods of control have been exhausted and have
contact with the child has the duty to immediately failed;
release the child to the custody of his/her parents (f) Refrain from subjecting the child in conflict
or guardian, or in the absence thereof, the child's with the law to greater restraint than is necessary
nearest relative. Said authority shall give notice to for his/her apprehension;
the local social welfare and development officer
(g) Avoid violence or unnecessary force;
who will determine the appropriate programs in
consultation with the child and to the person (h) Determine the age of the child pursuant to
having custody over the child. If the parents, Section 7 of this Act;
guardians or nearest relatives cannot be located, or (i) Immediately but not later than eight (8) hours
if they refuse to take custody, the child may be after apprehension, turn over custody of the child
released to any of the following: a duly registered to the Social Welfare and Development Office or
nongovernmental or religious organization; a other accredited NGOs, and notify the child's
barangay official or a member of the Barangay apprehension. The social welfare and development
Council for the Protection of Children (BCPC); a officer shall explain to the child and the child's
local social welfare and development officer; or parents/guardians the consequences of the child's
when and where appropriate, the DSWD. If the act with a view towards counseling and
child referred to herein has been found by the rehabilitation, diversion from the criminal justice
Local Social Welfare and Development Office to system, and reparation, if appropriate;
be abandoned, neglected or abused by his parents, (j) Take the child immediately to the proper
or in the event that the parents will not comply medical and health officer for a thorough physical
and mental examination. The examination results (15) but below eighteen (18) years old, who acted
shall be kept confidential unless otherwise ordered without discernment; and
by the Family Court. Whenever the medical (b) If the child is above fifteen (15) years old but
treatment is required, steps shall be immediately below eighteen (18) and who acted with
undertaken to provide the same; discernment, proceed to diversion under the
(k) Ensure that should detention of the child in following chapter.
conflict with the law be necessary, the child shall CHAPTER 2
be secured in quarters separate from that of the DIVERSION
opposite sex and adult offenders; SEC. 23. System of Diversion. - Children in
(l) Record the following in the initial investigation: conflict with the law shall undergo diversion
1. Whether handcuffs or other instruments of programs without undergoing court proceedings
restraint were used, and if so, the reason for such; subject to the conditions herein provided:
2. That the parents or guardian of a child, the (a) Where the imposable penalty for the crime
DSWD, and the PA0 have been informed of the committee is not more than six (6) years
apprehension and the details thereof; and imprisonment, the law enforcement officer or
3. The exhaustion of measures to determine the age Punong Barangay with the assistance of the local
of a child and the precise details of the physical social welfare and development officer or other
and medical examination or the failure to submit a members of the LCPC shall conduct mediation,
child to such examination; and family conferencing and conciliation and, where
(m) Ensure that all statements signed by the child appropriate, adopt indigenous modes of conflict
during investigation shall be witnessed by the resolution in accordance with the best interest of
child's parents or guardian, social worker, or legal the child with a view to accomplishing the
counsel in attendance who shall affix his/her objectives of restorative justice and the formulation
signature to the said statement. of a diversion program. The child and his/her
family shall be present in these activities.
A child in conflict with the law shall only be
searched by a law enforcement officer of the same (b) In victimless crimes where the imposable
gender and shall not be locked up in a detention penalty is not more than six (6) years
cell. imprisonment, the local social welfare and
development officer shall meet with the child and
SEC. 22. Duties During Initial Investigation. -
his/her parents or guardians for the development of
The law enforcement officer shall, in his/her
the appropriate diversion and rehabilitation
investigation, determine where the case involving
program, in coordination with the BCPC;
the child in conflict with the law should be
referred. (c) Where the imposable penalty for the crime
committed exceeds six (6) years imprisonment,
The taking of the statement of the child shall be
diversion measures may be resorted to only by the
conducted in the presence of the following: (1)
court.
child's counsel of choice or in the absence thereof,
a lawyer from the Public Attorney's Office; (2) the SEC. 24. Stages Where Diversion May be
child's parents, guardian, or nearest relative, as the Conducted. - Diversion may be conducted at the
case may be; and (3) the local social welfare and Katarungang Pambarangay, the police
development officer. In the absence of the child's investigation or the inquest or preliminary
parents, guardian, or nearest relative, and the local investigation stage and at all 1evels and phases of
social welfare and development officer, the the proceedings including judicial level.
investigation shall be conducted in the presence of SEC. 25. Conferencing, Mediation and
a representative of an NGO, religious group, or Conciliation. - A child in conflict with law may
member of the BCPC. undergo conferencing, mediation or conciliation
After the initial investigation, the local social outside the criminal justice system or prior to his
worker conducting the same may do either of the entry into said system. A contract of diversion may
following: be entered into during such conferencing,
mediation or conciliation proceedings.
(a) Proceed in accordance with Section 20 if the
child is fifteen (15) years or below or above fifteen
SEC. 26. Contract of Diversion. - If during the diversion, the Women and Children Protection
conferencing, mediation or conciliation, the child Desk of the PNP, or other law enforcement officer
voluntarily admits the commission of the act, a handling the case of the child under custody, to the
diversion program shall be developed when prosecutor or judge concerned for the conduct of
appropriate and desirable as determined under inquest and/or preliminary investigation to
Section 30. Such admission shall not be used determine whether or not the child should remain
against the child in any subsequent judicial, quasi- under custody and correspondingly charged in
judicial or administrative proceedings. The court. The document transmitting said records shall
diversion program shall be effective and binding if display the word "CHILD" in bold letters.
accepted by the parties concerned. The acceptance SEC. 29. Factors in Determining Diversion
shall be in writing and signed by the parties Program. - In determining whether diversion is
concerned and the appropriate authorities. The appropriate and desirable, the following factors
local social welfare and development officer shall shall be taken into consideration:
supervise the implementation of the diversion (a) The nature and circumstances of the offense
program. The diversion proceedings shall be charged;
completed within forty-five (45) days. The period (b) The frequency and the severity of the act;
of prescription of the offense shall be suspended
(c) The circumstances of the child (e.g. age,
until the completion of the diversion proceedings
maturity, intelligence, etc.);
but not to exceed forty-five (45) days.
(d) The influence of the family and environment on
The child shall present himself/herself to the
the growth of the child;
competent authorities that imposed the diversion
program at least once a month for reporting and (e) The reparation of injury to the victim;
evaluation of the effectiveness of the program. (f) The weight of the evidence against the child;
Failure to comply with the terms and conditions of (g) The safety of the community; and
the contract of diversion, as certified by the local (h) The best interest of the child.
social welfare and development officer, shall give SEC. 30. Formulation of the Diversion
the offended party the option to institute the Program. - In formulating a diversion program, the
appropriate legal action. individual characteristics and the peculiar
The period of prescription of the offense shall be circumstances of the child in conflict with the law
suspended during the effectivity of the diversion shall be used to formulate an individualized
program, but not exceeding a period of two (2) treatment.
years. The following factors shall be considered in
SEC. 27. Duty of the Punong Barangay When formulating a diversion program for the child:
There is No Diversion. - If the offense does not (a) The child's feelings of remorse for the offense
fall under Section 23(a) and (b), or if the child, he/she committed;
his/her parents or guardian does not consent to a (b) The parents' or legal guardians' ability to guide
diversion, the Punong Barangay handling the case and supervise the child;
shall, within three (3) days from determination of (c) The victim's view about the propriety of the
the absence of jurisdiction over the case or measures to be imposed; and
termination of the diversion proceedings, as the
(d) The availability of community-based programs
case may be, forward the records of the case of the
for rehabilitation and reintegration of the child.
child to the law enforcement officer, prosecutor or
the appropriate court, as the case may be. Upon the SEC. 31. Kinds of Diversion Programs. - The
issuance of the corresponding document, certifying diversion program shall include adequate socio-
to the fact that no agreement has been reached by cultural and psychological responses and services
the parties, the case shall be filed according to the for the child. At the different stages where
regular process. diversion may be resorted to, the following
diversion programs may be agreed upon, such as,
SEC. 28. Duty of the Law Enforcement Officer
but not limited to:
When There is No Diversion. - If the offense does
not fall under Section 23(a) and (b), or if the child, (a) At the level of the Punong Barangay:
his/her parents or guardian does not consent to a (1) Restitution of property;
(2) Reparation of the damage caused; (c) when considering the assessment and
(3) Indemnification for consequential damages; recommendation of the social worker, the
(4) Written or oral apology; prosecutor determines that diversion is not
appropriate for the child in conflict with the law.
(5) Care, guidance and supervision orders;
Upon serving the subpoena and the affidavit of
(6) Counseling for the child in conflict with the
complaint, the prosecutor shall notify the Public
law and the child's family;
Attorney's Office of such service, as well as the
(7)Attendance in trainings, seminars and lectures
personal information, and place of detention of the
on:
child in conflict with the law.
(i) anger management skills;
Upon determination of probable cause by the
(ii) problem solving and/or conflict resolution prosecutor, the information against the child shall
skills; be filed before the Family Court within forty-five
(iii) values formation; and (45) days from the start of the preliminary
(iv) other skills which will aid the child in dealing investigation.
with situations which can lead to repetition of the CHAPTER 4
offense; COURT PROCEEDINGS
(8) Participation in available community-based SEC. 34. Bail. - For purposes of recommending
programs, including community service; or the amount of bail, the privileged mitigating
(9) Participation in education, vocation and life circumstance of minority shall be considered.
skills programs. SEC. 35. Release on Recognizance. - Where a
(b) At the level of the law enforcement officer and child is detained, the court shall order:
the prosecutor: (a) the release of the minor on recognizance to
(1) Diversion programs specified under paragraphs his/her parents and other suitable person;
(a)(1) to (a)(9) herein; and (b) the release of the child in conflict with the law
(2) Confiscation and forfeiture of the proceeds or on bail; or
instruments of the crime; (c) the transfer of the minor to a youth detention
(c) At the level of the appropriate court: home/youth rehabilitation center.
(1) Diversion programs specified under The court shall not order the detention of a child in
paragraphs(a)and (b) above; a jail pending trial or hearing of his/her case.
(2) Written or oral reprimand or citation; SEC. 36. Detention of the Child Pending Trial. -
(3) Fine: Children detained pending trial may be released on
(4) Payment of the cost of the proceedings; or bail or recognizance as provided for under Sections
(5) Institutional care and custody. 34 and 35 under this Act. In all other cases and
whenever possible, detention pending trial may be
CHAPTER 3
replaced by alternative measures, such as close
PROSECUTION
supervision, intensive care or placement with a
SEC. 32. Duty of the Prosecutor's Office. - There family or in an educational setting or home.
shall be a specially trained prosecutor to conduct Institutionalization or detention of the child
inquest, preliminary investigation and prosecution pending trial shall be used only as a measure of last
of cases involving a child in conflict with the law. resort and for the shortest possible period of time.
If there is an allegation of torture or ill-treatment of
Whenever detention is necessary, a child will
a child in conflict with the law during arrest or
always be detained in youth detention homes
detention, it shall be the duty of the prosecutor to
established by local governments, pursuant to
investigate the same.
Section 8 of the Family Courts Act, in the city or
SEC. 33. Preliminary Investigation and Filing of municipality where the child resides.
Information. - The prosecutor shall conduct a
In the absence of a youth detention home, the child
preliminary investigation in the following
in conflict with the law may be committed to the
instances: (a) when the child in conflict with the
care of the DSWD or a local rehabilitation center
law does not qualify for diversion: (b) when the
recognized by the government in the province, city
child, his/her parents or guardian does not agree to
or municipality within the jurisdiction of the court.
diversion as specified in Sections 27 and 28; and
The center or agency concerned shall be conflict with the law shall be brought before the
responsible for the child's appearance in court court for execution of judgment.
whenever required. If said child in conflict with the law has reached
SEC. 37. Diversion Measures. - Where the eighteen (18) years of age while under suspended
maximum penalty imposed by law for the offense sentence, the court shall determine whether to
with which the child in conflict with the law is discharge the child in accordance with this Act, to
charged is imprisonment of not more than twelve order execution of sentence, or to extend the
(12) years, regardless of the fine or fine alone suspended sentence for a certain specified period
regardless of the amount, and before arraignment or until the child reaches the maximum age of
of the child in conflict with the law, the court shall twenty-one (21) years.
determine whether or not diversion is appropriate. SEC. 41. Credit in Service of Sentence. - The
SEC. 38. Automatic Suspension of Sentence. - child in conflict with the law shall be credited in
Once the child who is under eighteen (18) years of the services of his/her sentence with the full time
age at the time of the commission of the offense is spent in actual commitment and detention under
found guilty of the offense charged, the court shall this Act.
determine and ascertain any civil liability which SEC. 42. Probation as an Alternative to
may have resulted from the offense committed. Imprisonment. - The court may, after it shall have
However, instead of pronouncing the judgment of convicted and sentenced a child in conflict with the
conviction, the court shall place the child in law, and upon application at any time, place the
conflict with the law under suspended sentence, child on probation in lieu of service of his/her
without need of application: Provided, however, sentence taking into account the best interest of the
That suspension of sentence shall still be applied child. For this purpose, Section 4 of Presidential
even if the juvenile is already eighteen years (18) Decree No. 968, otherwise known as the
of age or more at the time of the pronouncement of "Probation Law of 1976", is hereby amended
his/her guilt. accordingly.
Upon suspension of sentence and after considering CHAPTER 5
the various chcumstances of the child, the court CONFIDENTIALITY OF RECORDS AND
shall impose the appropriate disposition measures PROCEEDINGS
as provided in the Supreme Court Rule on SEC. 43. Confedentiality of Records and
Juveniles in Conflict with the Law. Proceedings. - All records and proceedings
SEC. 39. Discharge of the Child in Conflict with involving children in conflict with the law from
the Law. - Upon the recommendation of the social initial contact until final disposition of the case
worker who has custody of the child, the court shall be considered privileged and confidential.
shall dismiss the case against the child whose The public shall be excluded during the
sentence has been suspended and against whom proceedings and the records shall not be disclosed
disposition measures have been issued, and shall directly or indirectly to anyone by any of the
order the final discharge of the child if it finds that parties or the participants in the proceedings for
the objective of the disposition measures have been any purpose whatsoever, except to determine if the
fulfilled. child in conflict with the law may have his/hes
The discharge of the child in conflict with the law sentence suspended or if he/she may be granted
shall not affect the civil liability resulting from the probation under the Probation Law, or to enforce
commission of the offense, which shall be enforced the civil liability imposed in the criminal action.
in accordance with law. The component authorities shall undertake all
SEC. 40. Return of the Child in Conflict with the measures to protect this confidentiality of
Law to Court. - If the court finds that the objective proceedings, including non-disclosure of records to
of the disposition measures imposed upon the child the media, maintaining a separate police blotter for
in conflict with the law have not been fulfilled, or cases involving children in conflict with the law
if the child in conflict with the law has willfully and adopting a system of coding to conceal
failed to comply with the conditions of his/her material information which will lead to the child's
disposition or rehabilitation program, the child in 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, without having undergone gender sensitivity
except when beneficial for the offender and upon training.
his/her written consent. SEC. 49. Establishment of Youth Detention
A person who has been in conflict with the law as a Homes. - The LGUs shall set aside an amount to
child shall not be held under any provision of law, build youth detention homes as mandated by the
to be guilty of perjury or of concealment or Family Courts Act. Youth detention homes may
misrepresentation by reason of his/her failure to also be established by private and NGOs licensed
acknowledge the case or recite any fact related and accredited by the DSWD, in consultation with
thereto in response to any inquiry made to him/her the JJWC.
for any purpose. SEC. 50. Care and Maintenance of the Child in
TITLE VI Conflict with the Law. - The expenses for the care
REHABILITATION AND REINTEGRATION and maintenance of a child in conflict with the law
SEC. 44. Objective of Rehabilitation and under institutional care shall be borne by his/her
Reintegration. - The objective of rehabilitation and parents or those persons liable to support
reintegration of children in conflict with the law is him/her: Provided, That in case his/her parents or
to provide them with interventions, approaches and those persons liable to support him/her cannot pay
strategies that will enable them to improve their all or part of said expenses, the municipality where
social functioning with the end goal of the offense was committed shall pay one-third
reintegration to their families and as productive (1/3) of said expenses or part thereof; the province
members of their communities. to which the municipality belongs shall pay one-
SEC. 45. Court Order Required. - No child shall third (1/3) and the remaining one-third (1/3) shall
be received in any rehabilitation or training facility be borne by the national government. Chartered
without a valid order issued by the court after a cities shall pay two-thirds (2/3) of said expenses;
hearing for the purpose. The details of this order and in case a chartered city cannot pay said
shall be immediately entered in a register expenses, part of the internal revenue allotments
exclusively for children in conflict with the law. applicable to the unpaid portion shall be withheld
No child shall be admitted in any facility where and applied to the settlement of said
there is no such register. obligations: Provided, further, That in the event
that the child in conflict with the law is not a
SEC. 46, Separate Facilities from Adults. - In all
resident of the municipality/city where the offense
rehabilitation or training facilities, it shall be
was committed, the court, upon its determination,
mandatory that children shall be separated from
adults unless they are members of the same family. may require the city/municipality where the child
in conflict with the law resides to shoulder the cost.
Under no other circumstance shall a child in
conflict with the law be placed in the same All city and provincial governments must exert
confinement as adults. effort for the immediate establishment of local
detention homes for children in conflict with the
The rehabilitation, training or confinement area of
law.
children in conflict with the law shall provide a
home environment where children in conflict with SEC. 51. Confinement of Convicted Children in
the law can be provided with quality counseling Agricultural Camps and other Training
and treatment. Facilities. - A child
SEC. 47. Female Children. - Female children in in conflict with the law may, after conviction and
conflict with the law placed in an institution shall upon order of the court, be made to serve his/her
be given special attention as to their personal needs sentence, in lieu of confinement in a regular penal
and problems. They shall be handled by female institution, in an agricultural camp and other
doctors, correction officers and social workers, and training facilities that may be established,
shall be accommodated separately from male maintained, supervised and controlled by the
children in conflict with the law. BUCOR, in coordination with the DSWD.
SEC. 48. Gender-Sensitivity Training. - No SEC. 52. Rehabilitation of Children in Conflict
personnel of rehabilitation and training facilities with the Law. - Children in conflict with the law,
shall handle children in conflict with the law whose sentences are suspended may, upon order of
the court, undergo any or a combination of
disposition measures best suited to the SEC. 54. Objectives of Community Based
rehabilitation and welfare of the child as provided Programs. - The objectives of community-based
in the Supreme Court Rule on Juveniles in Conflict programs are as follows:
with the Law. (a) Prevent disruption in the education or means of
If the community-based rehabilitation is availed of livelihood of the child in conflict with the law in
by a child in conflict with the law, he/she shall be case he/she is studying, working or attending
released to parents, guardians, relatives or any vocational learning institutions;
other responsible person in the community. Under (b) Prevent separation of the child in conflict with
the supervision and guidance of the local social the law from his/her parents/guardians to maintain
welfare and development officer, and in the support system fostered by their relationship
coordination with his/her parents/guardian, the and to create greater awareness of their mutual and
child in conflict with the law shall participate in reciprocal responsibilities;
community-based programs, which shall include, (c) Facilitate the rehabilitation and mainstreaming
but not limited to: of the child in conflict with the law and encourage
(1) Competency and life skills development; community support and involvement; and
(2) Socio-cultural and recreational activities; (d) Minimize the stigma that attaches to the child
(3) Community volunteer projects; in conflict with the law by preventing jail
(4) Leadership training; detention.
(5) Social services; SEC. 55. Criteria of Community-Based
(6) Homelife services; Programs. - Every LGU shall establish
community-based programs that will focus on the
(7) Health services; .
rehabilitation and reintegration of the child. All
(8) Spiritual enrichment; and
programs shall meet the criteria to be established
(9) Community and family welfare services. by the JJWC which shall take into account the
In accordance therewith, the family of the child in purpose of the program, the need for the consent of
conflict with the law shall endeavor to actively the child and his/her parents or legal guardians,
participate in the community-based rehabilitation. and the participation of the child-centered agencies
Based on the progress of the youth in the whether public or private.
community, a final report will be forwarded by the SEC. 56. After-Care Support Services for
local social welfare and development officer to the Children in Conflict with the Law. - Children in
court for final disposition of the case. conflict with the law whose cases have been
If the community-based programs are provided as dismissed by the proper court because of good
diversion measures under Chapter II, Title V, the behavior as per recommendation of the DSWD
programs enumerated above shall be made social worker and/or any accredited NGO youth
available to the child in conflict with the law. rehabilitation center shall be provided after-care
SEC. 53. Youth Rehabilitation Center. - The youth services by the local social welfare and
rehabilitation center shall provide 24-hour group development officer for a period of at least six (6)
care, treatment and rehabilitation services under months. The service includes counseling and other
the guidance of a trained staff where residents are community-based services designed to facilitate
cared for under a structured therapeutic social reintegration, prevent re-offending and make
environment with the end view of reintegrating the children productive members of the
them in their families and communities as socially community.
functioning individuals. A quarterly report shall be TITLE VII
submitted by the center to the proper court on the GENERAL PROVISIONS
progress of the children in conflict with the law. CHAPTER 1
Based on the progress of the youth in the center, a EXEMPTING PROVISIONS
final report will be forwarded to the court for final
disposition of the case. The DSWD shall establish
youth rehabilitation centers in each region of the
country.
SEC. 57. Status Offenees. - Any conduct not wearing signs which embarrass, humiliate, and
considered an offense or not penalized if degrade his/her personality and dignity; and
committed by an adult shall not be considered an (d) Compelling the child to perform involuntary
offense and shall not be punished if committed by servitude in any and all forms under any and all
a child. instances.
SEC. 58. Offenses Not Applicable to Children. - CHAPTER 3
Persons below eighteen (18) years of age shall be PENAL PROVISION
exempt from prosecution for the crime of vagrancy SEC. 62. Violation of the Provisions of this Act or
and prostitution under Section 202 of the Revised Rules or Regulations in General. - Any person
Penal Code, of mendicancy under Presidential who violates any provision of this Act or any rule
Decree No. 1563, and sniffing of rugby under or regulation promulgated in accordance thereof
Presidential Decree No. 1619, such prosecution shall, upon conviction for each act or omission, be
being inconsistent with the United Nations punished by a fine of not less than Twenty
Convention on the Rights of the Child: Provided, thousand pesos (P20,000.00) but not more than
That said persons shall undergo appropriate Fifty thousand pesos (P50,000.00) or suffer
counseling and treatment program. imprisonment of not less than eight (8) years but
SEC. 59. Exemption from the Application of not more than ten (10) years, or both such fine and
Death Penalty. - The provisions of the Revised imprisonment at the discretion of the court, unless
Penal Code, as amended, Republic Act No. 9165, a higher penalty is provided for in the Revised
otherwise known as the Comprehensive Dangerous Penal Code or special laws. If the offender is a
Drugs Act of 2002, and other special laws public officer or employee, he/she shall, in
notwithstanding, no death penalty shall be imposed addition to such fine and/or imprisonment, be held
upon children in conflict with the law. administratively liable and shall suffer the penalty
CHAPTER 2 of perpetual absolute disqualification.
PROHIBITED ACTS CHAPTER 4
SEC. 60. Prohibition Against Labeling and APPROPRIATION PROVISION
Shaming. - In the conduct of the proceedings SEC. 63. Appropriations. - The amount necessary
beginning from the initial contact with the child, to carry out the initial implementation of this Act
the competent authorities must refrain from shall be charged to the Office of the President.
branding or labeling children as young criminals, Thereafter, such sums as may be necessary for the
juvenile delinquents, prostitutes or attaching to continued implementation of this Act shall be
them in any manner any other derogatory names. included in the succeeding General Appropriations
Likewise, no discriminatory remarks and practices Act.
shall be allowed particularly with respect to the An initial amount of Fifty million pesos
child's class or ethnic origin. (P50,000,000.00) for the purpose of setting up the
SEC. 61. Other Prohibited Acts. - The following JJWC shall be taken from the proceeds of the
and any other similar acts shall be considered Philippine Charity Sweepstakes Office.
prejudicial and detrimental to the psychological, TITLE VIII
emotional, social, spiritual, moral and physical TRANSITORY PROVISIONS
health and well-being of the child in conflict with SEC. 64. Children in Conflict with the Law
the law and therefore, prohibited: Fifteen (15) Years Old and Below. - Upon
(a) Employment of threats of whatever kind and effectivity of this Act, cases of children fifteen (15)
nature; years old and below at the time of the commission
(b) Employment of abusive, coercive and punitive of the crime shall immediately be dismissed and
measures such as cursing, beating, stripping, and the child shall be referred to the appropriate local
solitary confinement; social welfare and development officer. Such
(c) Employment of degrading, inhuman end cruel officer, upon thorough assessment of the child,
forms of punishment such as shaving the heads, shall determine whether to release the child to the
pouring irritating, corrosive or harmful substances custody of his/her parents, or refer the child to
over the body of the child in conflict with the law, prevention programs as provided under this Act.
or forcing him/her to walk around the community Those with suspended sentences and undergoing
rehabilitation at the youth rehabilitation center SEC. 69. Rule Making Power. - The JJWC shall
shall likewise be released, unless it is contrary to issue the IRRs for the implementation of the
the best interest of the child. provisions of this act within ninety (90) days from
SEC. 65. Children Detained Pending Dial. - If the the effectivity thereof.
child is detained pending trial, the Family Court SEC. 70. Separability Clause. - If, for any reason,
shall also determine whether or not continued any section or provision of this Act is declared
detention is necessary and, if not, determine unconstitutional or invalid by the Supreme Court,
appropriate alternatives for detention. the other sections or provisions hereof not dfected
If detention is necessary and he/she is detained by such declaration shall remain in force and
with adults, the court shall immediately order the effect.
transfer of the child to a youth detention home. SEC. 71. Repealing Clause. - All existing laws,
SEC. 66. Inventory of "Locked-up" and orders, decrees, rules and regulations or parts
Detained Children in Conflict with the Law. - The thereof inconsistent with the provisions of this Act
PNP, the BJMP and the BUCOR are hereby are hereby repealed or modified accordingly.
directed to submit to the JJWC, within ninety (90) SEC. 72. Effectivity. - This Act shall take effect
days from the effectivity of this Act, an inventory after fifteen (15) days from its publication in at
of all children in conflict with the law under their least two (2) national newspapers of general
custody. circulation.
SEC. 67. Children Who Reach the Age of
Eighteen (18) Years Pending Diversion and Court Approved,
Proceedings. - If a child reaches the age of FRANKLIN DRILON JOSE DE VENECIA
eighteen (18) years pending diversion and court President of the Senate JR.
proceedings, the appropriate diversion authority in Speaker of the House
consultation with the local social welfare and of Representatives
development officer or the Family Court in
consultation with the Social Services and This Act which is a consolidation of Senate Bill
Counseling Division (SSCD) of the Supreme No. 1402 and House Bill No. 5065 was finally
Court, as the case may be, shall determine the passed by the Senate and the House of
appropriate disposition. In case the appropriate Representatives on March 22, 2006.
court executes the judgment of conviction, and OSCAR G. YABES ROBERTO P.
unless the child in conflict the law has already Secretary of Senate NAZARENO
availed of probation under Presidential Decree No. Secretary General
603 or other similar laws, the child may apply for House of
probation if qualified under the provisions of the Represenatives
Probation Law.
Approved: April 28, 2006
SEC. 68. Children Who Have Been Convicted
GLORIA MACAPAGAL-ARROYO
and are Serving Sentence. - Persons who have
President of the Philippines
been convicted and are serving sentence at the time
of the effectivity of this Act, and who were below
the age of eighteen (18) years at the time the
commission of the offense for which they were
convicted and are serving sentence, shall likewise
benefit from the retroactive application of this Act.
They shall be entitled to appropriate dispositions
provided under this Act and their sentences shall be
adjusted accordingly. They shall be immediately
released if they are so qualified under this Act or
other applicable law.
TITLE IX
FINAL PROVISIONS