JUVENILE DELINQUENCY & CRIME BREED v.

JONES (1975) - Case allowing second

PREVENTION DEFINITION OF TERMS prosecution in adult court for conviction in juvenile
court, based on idea that first conviction was a "civil"
ABANDONMENT - The most common legal
matter.
grounds for termination of parental rights, also a form
of child abuse in most states. Sporadic visits, a few CASE LAW - Law established by the history of
phone calls, or birthday cards are not sufficient to judicial decisions in cases decided by judges, as
maintain parental rights. Fathers who manifest opposed to common law which is developed from the
indifference toward a pregnant mother are also viewed history of judicial decisions and social customs.
as abandoning the child when it is born.
CHILD PROTECTION ACTION - The filing of
ABUSE - Term for acts or omissions by a legal legal papers by a child welfare agency when its
caretaker. Encompasses a broad range of acts, and investigation has turned up evidence of child abuse.
usually requires proof of intent. This is a civil, rather than criminal, charge designed to
take preventive action (like appointment of a Guardian
ADJUDICATION - The phase of a delinquency
ad litem) for at-risk children before abuse occurs.
hearing similar to a "trial" in adult criminal court,
except that juveniles have no right to a jury trial, a CHILD SUPPORT – the act of being responsible for
public trial, or bail. enforcing child support obligations.

ADMINISTRATIVE PROCEDURE - Any of the CHILD VICTIMS' AND CHILD WITNESS'

processes involving enforcement of care, custody, or RIGHTS - A 1990 federal law allowing courts to take
support orders by an executive agency rather than by extraordinary steps in protecting the emotional health
courts or judges. of any child called to testify in a courtroom.

ADOPTION - A legal relationship between two CHINS (Child In Need of Supervision) - A term
people not biologically related, usually terminating the applied to status offenders adjudicated in juvenile
rights of biological parents, and usually with a trial court.
"live-in" period. Once an adoption is finalized, the
CIVIL PROTECTION ORDER - A form of
records are sealed and only the most compelling
protective custody in which a child welfare or police
interests will enable disclosure of documents.
agency order an adult suspected of abuse to leave the
ADOPTION AND SAFE FAMILIES ACT of 1997 home.
- Moves children more quickly into permanent,
CUSTODIAL CONFINEMENT - Court order for
adoptive placements, rather than letting them languish
placement in a secure facility, separate from adults, for
in foster homes.
the rehabilitation of a juvenile delinquent.
BEST INTERESTS OF THE CHILD RULE -
DELINQUENCY PROCEEDING - Court action to
Legal doctrine establishing court as determiner of best
officially declare someone a juvenile delinquent. A
environment for raising child. An alternative to the
"delinquent" is defined as under the age of majority
Parens Patriae Doctrine.
who has been convicted in juvenile court of something
that would be classified as a crime in adult court. GUARDIAN AD LITEM - Phrase meaning "For the
DEPENDENT - Anyone under the care of someone Proceeding" referring to adults who look after the
else. A child ceases to be a dependent when they reach welfare of a child and represent their legal interests.
the age of emancipation.
GUARDIANSHIP - Court order giving an individual
DeSHANEY v. WINNEBAGO COUNTY (1989) –
or organization legal authority over a child. A guardian
Case limiting extent by which government exercises
of the person is usually an individual and the child is
parens patriae power.
called a ward. A guardian of the estate is usually an
DISPOSITION - Phase of delinquency proceeding organization, like a bank, which manages the property
similar to "sentencing" phase of adult trial. The judge and assets of a child's inheritance. Guardians are
must consider alternative, innovative, and usually compensated for their services.
individualized sentences rather than imposing
ILLEGITIMACY - Being born to unmarried parents.
standard sentences.
The law assumes legitimacy via a married mother's
DIVERSION - An alternative to trial decided upon at husband, whether or not this is the true father.
intake to refer the child to counseling or other social Illegitimacy status limits inheritance rights.
services.
IN LOCO PARENTIS - Teachers, administrators,
EMANCIPATION - Independence of a minor from and babysitters who are viewed as having some
his or her parents before reaching age of majority. temporary parental rights & obligations.

EQUAL PROTECTION – A clause requiring IN RE GAULT (1967) – (US) - Case that determined
government to treat similarly situated people the same the Constitution requires a separate juvenile justice
or have good reason for treating them differently. system with certain standard procedures and
Compelling reasons are considered to exist for treating protections, but still not as many as in adult systems.
children differently.
INTAKE - Procedure prior to preliminary hearing in
FAMILY IMMUNITY DOCTRINE - Legal which a group of people (intake officer, police,
doctrine preventing unemancipated children from probation, social worker, parent and child) talk and
suing their parents. decide whether to handle the case formally or
informally.
FAMILY PURPOSE DOCTRINE - Legal doctrine
holding parents liable for injuries caused by a child's JUDGMENT - Any official decision or finding of a
negligent driving or other actions. judge or administrative agency hearing officer upon
the respective rights and claims of parties to an action;
FOSTER CARE - Temporary care funded via
also known as a decree or order.
Federal-State pass- through and arranged by a child
welfare agency in order to allow receipt of adequate KENT v. U.S. (1966) - Case requiring a special
food, clothing, shelter, education, and medical hearing before any transfers to adult court.
treatment for anyone raising a child that is not their
own.
MATERNAL PREFERENCE RULE - Legal requires the dropping of charges if an unreasonable
doctrine granting mothers custodial preference after a amount of time is spent in preventive detention.
divorce.
PROTECTIVE CUSTODY - Emergency, temporary
NEGLECT - Parental failure to provide a child with custody by a child welfare agency, police agency, or
basic necessities when able to do so. Encompasses a hospital for reasons of immanent danger to the child.
variety of forms of abuse that do not require the A hearing must be held for the benefit of the parents
element of intent. PARENS PATRIAE - Legal within a few days.
doctrine establishing "parental" role of state over
PSYCHOLOGICAL PARENT DOCTRINE -
welfare of its citizens, especially its children. A 19th
Legal doctrine granting custody to the parent whom
century idea first articulated in Prince v.
the child feels the greatest emotional attachment to.
Massachusetts (1944).
RESTITUTION - A disposition requiring a defendant
PAROLE - Release of a juvenile delinquent from
to pay damages to a victim. The law prohibits making
custodial confinement prior to expiration of sentence;
restitution a condition of receiving probation. Poor
sometimes called aftercare. PATERNITY - Result of
families cannot be deprived of probation simply
lawsuit forcing a reluctant man to assume obligations
because they are too poor to afford restitution. Some
of fatherhood. Blood and DNA tests showing a 98 or
states do not allow families to pay restitution.
99 percent likelihood are the standard. Laws vary
widely in terms of statutes of limitations and when RULE OF SIXTEEN – (US) - Federal and state laws
paternity actions will not be allowed (estoppels). that prohibit anyone under age 16 from employment.

PLEADING - In juvenile court, a plea of "not guilty" STANFORD v. KENTUCKY (1989) - Case in which
will move the case to adjudication, and a plea of it was determined constitutional to execute juveniles
"guilty" or "nolo contendere" will result in waiver of between the ages of 16-18, but unconstitutional if they
the right to trial. State procedures vary widely in how committed crimes while under age 16. Won by a
intelligent and voluntary pleas are accepted. narrow majority, as in the 1988 case of Thompson v.
Oklahoma which relied upon "standards of decency".
PRELIMINARY HEARING - The bringing of a
STATUS OFFENSE - An activity illegal when
juvenile before a magistrate or judge in which charges
engaged in by a minor, but not when done by an adult.
are formally presented. Similar to an arraignment in
Examples include truancy, curfew, running away, or
adult court, and also called" advisory hearings" or
habitually disobeying parents.
"initial appearances" in some state juvenile justice
systems. STEPPARENT - A spouse of a biological parent who
has no legal rights or duties to the child other than
PREVENTIVE DETENTION- Keeping a juvenile
those which have been voluntarily accepted.
in custody or under a different living arrangement until
the time when an adjudication can take place. Upheld SURROGATE PARENT - A parent who provided an
in Schall v. Martin (1984), but the right to speedy trial egg, sperm, or uterus with an intent of giving the child
up for adoption to specific parties.
TENDER YEARS DOCTRINE - Legal doctrine that long been associated with a number of D-words like
unless the mother is "unfit", very young children disorganization, dilapidation, deterioration, and
should be placed in custody with their mother despair. Pervasive poverty undermines the relevance
following a divorce. of school and traditional routes of upward mobility.
The way police patrol poverty areas like an occupying
TERMINATION HEARINGS - Process for legally
army only reinforces the idea that society is the enemy
severing the parent-child relationship. Initiated by the
whom they should hate. Poverty breeds conditions that
filing of a petition in family court, and almost always
are conducive to crime.
brought forth by a child welfare agency. Requires a
finding of "unfitness" and a determination of the best Family Factors
interests of the child.
One of the most reliable indicators of juvenile crime is
UNFIT PARENT - A temporary or permanent the proportion of fatherless children. The primary role
termination of parental rights in the best interest of the of fathers in our society is to provide economic
child usually for reasons of abandonment, abuse, or stability, act as role models, and alleviate the stress of
neglect, but also including mental illness, addiction, or mothers. Marriage has historically been the great
criminal record. Poverty alone and character flaws are civilizer of male populations, channeling predatory
prohibited by law from being indicators of "unfitness". instincts into provider/protector impulses.
Economically, marriage has always been the best way
What causal factors contribute to juvenile problem
to multiply capital, with the assumption being that
behavior?
girls from poorer families better themselves by
Over the years, criminologists have put forth a wide marrying upward. Then, of course, there are all those
variety of motives for what causes crime. People who values of love, honor, cherish, and obey encapsulated
deal with young people cite the following root in the marriage tradition. Probably the most important
conditions: poverty, family factors, the environment, thing that families impart to children is the emphasis
media influence, and declining social morality. These upon individual accountability and responsibility in
will be taken up in order: the forms of honesty, commitment, loyalty, respect
and work ethic. Most of the broken home literature, for
Poverty
example, shows only weak or trivial effects, like
Although it is considered passé to say poverty causes skipping school or home delinquency. Another area,
crime, the fact is that nearly 22 percent of children the desistance literature, shows only that children from
under the age of eighteen live in poverty. Poverty, in two-parent families age-out of crime earlier. In fact,
absolute terms, is more common for children than for there is more evidence supportive of the hypothesis
any other group in society. Ageism, they say, is 6 the that a stepparent in the home increases delinquency, or
last frontier in the quest for economic equality. that abuse and neglect in fully-intact families lead to a
Adolescents from lower socioeconomic status (SES) cycle of violence. To complicate matters, there are
families regularly commit more violence than youth significant gender, race, and SES interaction effects.
from higher SES levels. Social isolation and economic Females from broken homes commit certain offenses
stress are two main products of poverty, which has
while males from broken homes commit other kinds of may be part of everyone's behavioral repertoire, the
offenses. Few conclusions can be reached about temptations (triggers, cues) to do it are embedded
African American males, but tentative evidence (lodged, locked, firmly put in place) with social
suggests step parenting can be of benefit to them. SES networks (relationships and situations) that more or
differences actually show that the broken home is less less make this kind of behavior seem acceptable at the
important in producing delinquency among lower- moment. The unfortunate truth is that, in many places,
class youth than youth from higher social classes. there are a growing number of irresistible temptations
Most research results are mixed, and no clear causal and opportunities for juveniles to use violence. Brute,
family factors have emerged to explain the correlation coercive force has become an acceptable substitute,
between fatherlessness and crime, but it is certainly even a preferred substitute, for way store solve
unfair to blame single mothers, their parenting skills, conflicts and satisfy needs. Think of it as the school
or their economic condition for what are obviously yard bully who says "Meet me in the parking lot at
more complex social problems. 4:30". Under circumstances like these, the peer
pressure and reward systems are so arranged that
fighting seems like the only way out. Now think for a
The Environment moment about the crucial importance of peer groups:
whether there are people who would respect you for
Unless we are willing to believe that testosterone (a
standing up to fight, or whether there are people
male stimulation-seeking hormone) causes crime, the
important to you that would definitely not approve of
only feasible explanations left are environmental ones.
your fighting. What environmental learning theorists
The heredity-environment debate in explaining
are saying is that there are fewer and fewer friends
juvenile crime is shaped by divided opinions about
available to help you see the error of your ways
what factors are really important: genetic tendencies,
indeciding to fight. Most of the recent research in this
birth complications, and brain chemicals, on one side;
area revolves around "neighbourhood" factors, such as
and being a victim of abuse, witnessing domestic
the presence of gangs, illicit drug networks, high levels
battering, and learned behaviors, on the other side. The
of transiency, lack of informal supports, etc. Gang-
idea that all behavior is learned behavior is associated
infested neighborhoods, in particular, have no
with environmental explanations. Sure, everyone has a
effective meansof providing informal supports that
potential for violence, but we learn how to do it (in all
would help in resisting the temptations to commit
its different forms) from observing others do it. In fact,
crime. Such neighborhoods would more likely have an
most of us are suckers for observing violence,
informal encouragement policy, with five or more
glamorizing it to the point where we like more and
places where you could buy a gun and drugs available
different forms of it everyday, in the news, on TV
to give youth encourage to use the gun. Firearms- and
shows, in action movies. So when you're talking about
drug-related homicides have increased over 150% in
reducing the need to see violence on TV, you're really
recent years, and the clearest drug-violence
talking biology or psychology. The study of
8connection is for selling drugs because illicit drug
environmental factors, on the other hand, is concerned
distribution networks are extremely violent. In such
primarily with social considerations. While violence
neighborhoods, families, school authorities, and even problems. Our nation's children watch an astonishing
community organizations are often incapable of 19,000 hours of TV by the time they finish high
providing any protection for children. There are no school, much more time than all their classroom hours
peer-level social supports to reinforce the conventional put together since first grade. By eighteen, they will
lifestyles that these agencies want their children to have seen 200,000acts of violence, including 40,000
emulate. The reality of street life, its illicit economy, murders. Every hour of prime time television carries
and quick and easy pathways to success and prestige 6-8 acts of violence. Most surveys show that around
through violence and crime all offer rewards that offset 80% of American parents think there is too much
the risks associated with these activities. And, even if violence on television. Most of the scientific research
a child experiences the risks of street life first hand, in this area revolves around tests of two hypotheses:
like by getting shot or stabbed, this only reinforces the the catharsis effect, and the brutalization effect; but I
child's desire for more exposure to the learning of am giving this area of research more credit than it
street life, to do better next time by listening more deserves because it is not that neatly organized into
closely to delinquent peers and not to the advice of two hypotheses. Catharsis means that society gets it
legitimate authorities. Victimization and perpetration out of their system by watching violence on TV, and
go hand in hand. This is what is meant when brutalization means we becomes odesensitized it
criminologists say that the best predictor of future doesn't bother us anymore, but there are also
delinquency is past behavior, or age of onset. The 9"imitation" hypotheses, "sleeper" effects, and lagged-
strongest (primacy) effect is when violence is time correlations. The results of research in this area
modeled, encouraged, and rewarded for the first time. are too mixed to give any adequate guidance, and it
It determines the type of friends one chooses, which in may well be that social science is incapable of
turn, determines what behaviors will be subsequently providing us with any good causal analysis in this area.
modeled, established, and reinforced. Only anecdotal evidence of a few cases of direct
influence exist. Since the early 1990s, a number of
Media Influence
films, music videos, and rap music lyrics have come
Popular explanations of juvenile crime often rest on out depicting gang life, drugs, sex, and violence.
ideas about the corrupting influence of television, Watching or listening to these items gives you the
movies, music videos, video games, rap/hip hop feeling that the filmmakers or musicians really know
music, or the latest scapegoat dujour, computer games what they're talking about and tell it like it is, but there
like Doom or Quake. The fact is that TV is much more have been unfortunate criminogenic effects. In 1992,
pervasive, and has become the de facto babysitter in for example, 144 law enforcement officers were killed
many homes, with little or no parental monitoring. in the line of duty. That year, four juveniles wounded
Where there is strong parental supervision in other Las Vegas police officers and the rap song, Cop Killer,
areas, including the teaching of moral values and was implicated. At trial, the killers admitted that
norms, the effect of prolonged exposure to violence on listening to the song gave them a sense of duty and
TV is probably quite minimal. When TV becomes the purpose. During apprehension, the killers sung the
sole source of moral norms and values, this causes lyrics at the police station. Another case involved a
Texas trooper killed in cold blood while approaching approach tend to see juveniles today as victims of an
the driver of a vehicle with a defective headlight. The anti-youth culture. The problem is not just parents
driver attempted a temporary insanity defense based failing children, but a whole attitude among adult
on the claim he felt hypnotized by songs on a 2 Pac society that is increasingly hostile, angry, and
album, that the anti-police lyrics "took control, punishing toward youth. It's also not just poverty, per
devouring [him] like an animal, compelling his se, among children, but the relative deprivation of
subconscious mind to kill the approaching trooper". living in a society of affluence in which self-esteem is
Two of the nation's leading psychiatrists were called tied to achieving affluence. People are only hosts, not
as expert witnesses in support of this failed defense. causes, of social problems, according to the public
health model. The real enemies (if there need to be
Social Morality
enemies at all) are the environment (broad social
It has become prevalent, especially among the slacker forces that shape their way through culture) and the
generations, GenX and Gen13, to join the old WWII agent (the means of violence, firearms and access to
generation in self-righteous, totally gratuitous Sixties- weapons). Intervene, and then trace the pathology
bashing, as if all our social problems, especially our back to its source. The source often turns out to be low
declining social morality, started with the free-for-all, SES families and neighborhoods where there have
"anything goes" hippie movement of the 1960s. This been few prevention programs, poor economic and
time period is often blamed for giving birth to rising educational opportunities, and no way to reintegrate
hedonism, the questioning of authority, unbridled released offenders back into the community. The law
pursuit of pleasure, the abandonment of family enforcement solution looks at the problem in terms of
responsibility, demand for illicit drugs, and a number what needs to be done to improve investigation, arrest,
of other social ills. Sometimes, even the AIDS prosecution, and conviction. Advocates of this
epidemic is blamed on the 1960s, although such approach perceive that a nationwide crackdown, "get
accusers are off by about two decades. To sixties- tough on juvenile crime" program is what this country
bashers, today's juvenile "super predators" are nothing needs, but they are also just as likely to want the
but a long line of troubled youngsters who have grown delivery of real rehabilitation programs in juvenile
up in more extreme conditions of declining social prisons, at least when we are better able to separate the
morality than the generation before them. Their minor offenders from super predators. For the most
thinking is that each generation since the sixties has part, however, the belief is that it is society's duty to
tried hard to outdo one another in expressing the punish, not rehabilitate, and boot camps, life terms,
attitude that "nothing really matters", culminating in and even executions are in order for juveniles if they
the present teenage regard for angst and irony so deserve it. They should serve time as adults, and face
common in contemporary culture. the ultimate punishment, no matter what the age.

How should juveniles-in-trouble be handled? SILENT Feature of RA No. 9344 and its Amendments

Approaches to the problem generally fall into two (RA no. 10630) Section 3. Section 6 of Republic Act
camps: the public health solution, and the law No. 9344ishereby amended to read as follows:
enforcement solution. Advocates of the public health
"SEC. 6. Minimum Age of Criminal Responsibility. – "The local social welfare and development officer
A child fifteen (15) years of age or under at the time of shall determine the appropriate programs for the child
the commission of the offense shall be exempt from who has been released, in consultation with the child
criminal liability. However, the child shall be and the person having custody over the child. If the
subjected to an intervention program pursuant to parents, guardians or nearest relatives cannot be
Section 20 of this Act. located, or if they refuse to take custody, the child may
be released to any of the following:
"A child is deemed to be fifteen (15) years of age on
the day of the fifteenth anniversary of his/her "(a) A duly registered nongovernmental or religious
birthdate. "A child above fifteen (15) years but below organization;
eighteen (18) years of age shall likewise be exempt
"(b) A barangay official or a member of the Barangay
from criminal liability and be subjected to an
Council for the Protection of Children (BCPC);
intervention program, unless he/she has acted with
discernment, in which case, such child shall be "(c) A local social welfare and development officer;
subjected to the appropriate proceedings in accordance or, when and where appropriate, the DSWD.
with this Act.
"If the child has been found by the local social welfare
"The exemption from criminal liability herein and development officer to be dependent, abandoned,
established does not include exemption from civil neglected or abused by his/her parents and the best
liability, which shall be enforced in accordance with interest of the child requires that he/she be placed in a
existing laws." youth care facility or ‘Bahay Pag-asa’, the child’s
parents or guardians shall execute a written
Section 6. Section 20 of Republic Act No. 9344 is
authorization for the voluntary commitment of the
hereby amended to read as follows:
child: Provided, That if the child has no parents or
"SEC. 20. Children Below the Age of Criminal guardians or if they refuse or fail to execute the written
Responsibility. – If it has been determined that the authorization for voluntary commitment, the proper
child taken into custody is fifteen (15) years old or petition for involuntary commitment shall be
below, the authority which will have an initial contact immediately filed by the DSWD or the Local Social
with the child, in consultation with the local social Welfare and Development Office (LSWDO) pursuant
welfare and development officer, has the duty to to Presidential Decree No. 603, as amended, otherwise
immediately release the child to the custody of his/her known as ‘The Child and Youth Welfare Code’ and
parents or guardian, or in the absence thereof, the the Supreme Court rule on commitment of children:
child’s nearest relative. The child shall be subjected to Provided, further, That the minimum age for children
a community-based intervention program supervised committed to a youth care facility or ‘Bahay Pag-asa’
by the local social welfare and development officer, shall be twelve (12) years old."
unless the best interest of the child requires the referral
"SEC. 20-A. Serious Crimes Committed by Children
of the child to a youth care facility or ‘Bahay Pag-asa’
Who Are Exempt From Criminal Responsibility. – A
managed by LGUs or licensed and/or accredited
child who is above twelve (12) years of age up to
NGOs monitored by the DSWD.
fifteen (15) years of age and who commits parricide, intervention program. The court will decide whether
murder, infanticide, kidnapping and serious illegal the child has successfully completed the center-based
detention where the victim is killed or raped, robbery, intervention program and is already prepared to be
with homicide or rape, destructive arson, rape, or reintegrated with his/her family or if there is a need for
carnapping where the driver or occupant is killed or the continuation of the center-based rehabilitation of
raped or offenses under Republic Act No. 9165 the child. The court will determine the next period of
(Comprehensive Dangerous Drugs Act of 2002) assessment or hearing on the commitment of the
punishable by more than twelve (12) years of child."
imprisonment, shall be deemed a neglected child under
"SEC. 20-B. Repetition of Offenses. – A child who is
Presidential Decree No. 603, as amended, and shall be
above twelve (12) years of age up to fifteen (15) years
mandatorily placed in a special facility within the
of age and who commits an offense for the second time
youth care faculty or ‘Bahay Pag-asa’ called the
or oftener: Provided, That the child was previously
Intensive Juvenile Intervention and Support Center
subjected to a community-based intervention program,
(IJISC).
shall be deemed a neglected child under Presidential
"In accordance with existing laws, rules, procedures Decree No. 603, as amended, and shall undergo an
and guidelines, the proper petition for involuntary intensive intervention program supervised by the local
commitment and placement under the IJISC shall be social welfare and development officer: Provided,
filed by the local social welfare and development further, That, if the best interest 13of the child requires
officer of the LGU where the offense was committed, that he/she be placed in a youth care facility or ‘Bahay
or by the DSWD social worker in the local social Pag-asa’, the child’s parents or guardians shall execute
welfare and development officer’s absence, within a written authorization for the voluntary commitment
twenty-four (24) hours from the time of the receipt of of the child: Provided, finally, That if the child has no
a report on the alleged commission of said child. The parents or guardians or if they refuse or fail to execute
court, where the petition for involuntary commitment the written authorization for voluntary commitment,
has been filed shall decide on the petition within the proper petition for involuntary commitment shall
seventy-two (72) hours from the time the said petition be immediately filed by the DSWD or the LSWDO
has been filed by the DSWD/LSWDO. The court will pursuant to Presidential Decree No. 603, as amended."
determine the initial period of placement of the child
"SEC. 20-C. Exploitation of Children for Commission
within the IJISC which shall not be less than one (1)
of Crimes. – Any person who, in the commission of a
year. The multi-disciplinary team of the IJISC will
crime, makes use, takes advantage of, or profits from
submit to the court a case study and progress report, to
the use of children, including any person who abuses
include a psychiatric evaluation report and recommend
his/her authority over the child or who, with abuse of
the reintegration of the child to his/her family or the
confidence, takes advantage of the vulnerabilities of
extension of the placement under the IJISC. The multi-
the child and shall induce, threaten or instigate the
disciplinary team will also submit a report to the court
commission of the crime, shall be imposed the penalty
on the services extended to the parents and family of
the child and the compliance of the parents in the
prescribed by law for the crime committed in its "SEC. 22. Duties During Initial Investigation. – The
maximum period." law enforcement officer shall, in his/her investigation,
determine where the case involving the child in
"SEC. 20-D. Joint Parental Responsibility. – Based on
conflict with the law should be referred. "The taking
the recommendation of the multi-disciplinary team of
of the statement of the child shall be conducted in the
the IJISC, the LSWDO or the DSWD, the court may
presence of the following: (1) child’s counsel of choice
require the parents of a child in conflict with the law
or in the absence thereof, a lawyer from the Public
to undergo counseling or any other intervention that,
Attorney’s Office; (2) the child’s parents, guardian, or
in the opinion of the court, would advance the welfare
nearest relative, as the case may be; and (3) the local
and best interest of the child.
social welfare and development officer. In the absence
"As used in this Act, ‘parents’ shall mean any of the of the child’s parents, guardian, or nearest relative, and
following: the local social welfare and development officer, the
investigation shall be conducted in the presence of a
"(a) Biological parents of the child; or
representative of an NGO, religious group, or member
"(b) Adoptive parents of the child; or of the BCPC. "The social worker shall conduct an
initial assessment to determine the appropriate
"(c) Individuals who have custody of the child.
interventions and whether the child acted with
"A court exercising jurisdiction over a child in conflict discernment, using the discernment assessment tools
with the law may require the attendance of one or both developed by the DSWD. The initial assessment shall
parents of the child at the place where the proceedings be without prejudice to the preparation of a more
are to be conducted. comprehensive case study report. The local social

"The parents shall be liable for damages unless they worker shall do either of the following: "(a) Proceed in

prove, to the satisfaction of the court, that they were accordance with Section 20 if the child is fifteen (15)

exercising reasonable supervision over the child at the years or below or above fifteen (15) but below

time the child committed the offense and exerted eighteen (18) years old, who acted without

reasonable effort and utmost diligence to prevent or discernment; and "(b) If the child is above fifteen (15)

discourage the child from committing another years old but below eighteen (18) and who acted with

offense." discernment, proceed to diversion under the following

chapter."
"SEC. 20-E. Assistance to Victims of Offenses
Committed by Children. – The victim of the offense Section 8. Section 33 of Republic Act No. 9344 is

committed by a child and the victim’s family shall be hereby amended to read as follows: "SEC. 33.

provided the appropriate assistance and psychological Preliminary Investigation and Filing of Information. –

intervention by the LSWDO, the DSWD and other The prosecutor shall conduct a preliminary

concerned agencies." investigation in the following instances:

Section 7. Section 22 of Republic Act No. 9344 is (a) when the child in conflict with the law does not

hereby amended to read as follows: qualify for diversion;

(b) when the child, his/her parents or guardian does not technical assistance to the multi-disciplinary teams
agree to diversion as specified in Sections 27 and 28; operating the said centers." Section 10. Section 50 of
and Republic Act No. 9344 is hereby amended to read as
follows: "SEC. 50. Care and Maintenance of the Child
(c) when considering the assessment and
in Conflict with the Law. – x x x "The LGUs expected
recommendation of the social worker, the prosecutor
expenditures on the local juvenile intervention
determines that diversion is not appropriate for the
program for children at risk and children in conflict
child in conflict with the law. "Upon serving the
with the law shall be included in the LGUs annual
subpoena and the affidavit of complaint, the
budget. Highly-urbanized cities and provincial
prosecutor shall notify the Public Attorney’s Office of
governments should include a separate budget for the
such service, as well as the personal information, and
construction and maintenance of the ‘Bahay Pag-asa’
place of detention of the child in conflict with the law.
including the operation of the IJISC within the ‘Bahay
"Upon determination of probable cause by the
Pag-asa’." Section 11. Section 57 of Republic Act No.
prosecutor, the information against the child shall be
9344is hereby amended to read as follows: "SEC. 57.
filed before the Family Court within forty-five (45)
Status Offenses. – Any conduct not considered an
days from the start of the preliminaryinvestigation.
offense or not penalized if committed by an adult shall
The information must allege that the child acted with
not be considered an offense and shall not be punished
discernment."
if committed by a child." "SEC. 57-A. Violations of
Section 9. Section 49 of Republic Act No. 9344 is Local Ordinances. – Ordinances enacted by local
hereby amended to read as follows: "SEC. 49. governments concerning juvenile status offenses such
Establishment of ‘Bahay Pag-Asa’. – Each province as, but not limited to, curfew violations, truancy,
and highly-urbanized city (the LGUs) shall be parental disobedience, anti-smoking and anti-drinking
responsible for building, funding and operating a laws, as well as light offenses and misdemeanors
‘Bahay Pag-asa’ within their jurisdiction following the against public order or safety such as, but not limited
standards that will be set by the DSWD and adopted to, disorderly conduct, public scandal, harassment,
by the JJWC. "Every ‘Bahay Pag-asa’ will have a drunkenness, public intoxication, criminal nuisance,
special facility called the IJISC. This Center will be vandalism, gambling, mendicancy, littering, public
allocated for children in conflict with the law in urination, and trespassing, shall before the protection
accordance with Sections 20, 20-A and 20-B hereof. of children. No penalty shall be imposed on children
These children will be required to undergo a more for said violations, and they shall instead be brought to
intensive multi-disciplinary intervention program. The their residence or to any barangay official at the
JJWC in partnership with, but not limited to, the barangay hall to be released to the custody of their
DSWD, the DOH, the DepED and the DILG, will parents. Appropriate intervention 16programs shall be
develop and set the standards for the implementation provided for in such ordinances. The child shall also
of the multi-disciplinary intervention program of the be recorded as a ‘child at risk’ and not as a ‘child in
IJISC. Upon institutionalization of the IJISC program, conflict with the law’. The ordinance shall also
the JJWC will continue to monitor and provide provide for intervention programs, such as counseling,
attendance in group activities for children, and for the those to which the Philippines is a party. Proceedings
parents, attendance in parenting education seminars." before any authority shall be conducted in the best
Section 12. Mandatory Registry of Children in interest of the child and in a manner which allows the
Conflict with the Law. – All duty-bearers, including child to participate and to express himself/herself
barangay/BCPC workers, law enforcers, teachers, freely. The participation of children in the program
guidance counselors, social workers and prosecutors and policy formulation and implementation related to
who will receive report, handle or refer cases of juvenile justice and welfare shall be ensured by the
children in conflict with the law, shall ensure a faithful concerned government agency.
recordation of all pertinent information, such as age,
(c) The State likewise recognizes the right of children
residence, gender, crime committed or accused of and
to assistance, including proper care and nutrition, and
the details of the intervention or diversion, as the case
special protection from all forms of neglect, abuse,
may be, under which they will undergo or has
cruelty and exploitation, and other conditions
undergone, of all children in conflict with the law to
prejudicial to their development.
guarantee the correct application of the provisions of
this Act and other laws. The JJWC shall lead in the (d) Pursuant to Article 40 of the United Nations
establishment of a centralized information Convention on the Rights of the Child, the State
management system on children in conflict with the recognizes the right of every child alleged as, accused
law. This provision is however without prejudice to of, adjudged, or recognized as having infringed the
Section 43 of this Act. RA 9344 CHAPTER 1 TITLE, penal law to be treated in a manner consistent with the
POLICY AND DEFINITION OF TERMS Section 1. promotion of the child's sense of dignity and worth,
Short Title and Scope. - This Act shall be known as the taking into account the child's age and desirability of
"Juvenile Justice and Welfare Act of 2006." It shall promoting his/her reintegration. Whenever
cover the different stages involving children at risk and appropriate and desirable, the State shall adopt
children in conflict with the law from prevention to measures for dealing with such children without
rehabilitation and reintegration. resorting to judicial proceedings, providing that
human rights and legal safeguards are fully respected.
SEC. 2. Declaration of State Policy. - The following
It shall ensure that children are dealt with in a manner
State policies shall be observed at all times:
appropriate to their well-being by providing for,
(a) The State recognizes the vital role of children and among others, a variety of disposition measures such
youth in nation building and shall promote and protect as care, guidance and supervision orders, counseling,
their physical, moral, spiritual, intellectual and social probation, foster care, education and vocational
well-being. It shall inculcate in the youth patriotism training programs and other alternatives to
and nationalism, and encourage their involvement in institutional care.
public and civic affairs.
(e) The administration of the juvenile justice and
(b) The State shall protect the best interests of the child welfare system shall take into consideration the
through measures that will ensure the observance of cultural and religious perspectives of the Filipino
international standards of child protection, especially people, particularly the indigenous peoples and the
Muslims, consistent with the protection of the rights of unwilling, or unable to provide protection for the
children belonging to these communities. child;

(f) The State shall apply the principles of restorative (2) being exploited including sexually or
justice in all its laws, policies and programs applicable economically;
to children in conflict with the law. SEC. 3. Liberal
(3) being abandoned or neglected, and after diligent
Construction of this Act. - In case of doubt, the
search and inquiry, the parent or guardian cannot be
interpretation of any of the provisions of this Act,
found;
including its implementing rules and regulations
(IRRs), shall be construed liberally in favor of the (4) coming from a dysfunctional or broken family or
child in conflict with the law. SEC. 4. Definition of without a parent or guardian;
Terms. - The following terms as used in this Act shall
(5) being out of school;
be defined as follows:
(6) being a streetchild;
(a) "Bail" refers to the security given for the release of
the person in custody of the law, furnished by him/her (7) being a member of a gang;
or a bondsman, to guarantee his/her appearance before
(8) living in a community with a high level of
any court. Bail may be given in the form of corporate
criminality or drug abuse; and
security, property bond, cash deposit, or recognizance.
(9) living in situations of armed conflict.
(b) "Best Interest of the Child" refers to the totality of
the circumstances and conditions which are most (e) "Child in Conflict with the Law" refers to a child

congenial to the survival, protection and feelings of who is alleged as, accused of, or adjudged as, having

security of the child and most encouraging to the committed an offense under Philippine laws.

child's physical, psychological and emotional (f) "Community-based Programs" refers to the
development. It also means the least detrimental programs provided in a community setting developed
available alternative for safeguarding the growth and for purposes of intervention and diversion, as well as
development of the child. rehabilitation of the child in conflict with the law, for

(c) "Child" refers to a person under the age of eighteen reintegration into his/her family and/or community.

(18) years. (g) "Court" refers to a family court or, in places where

(d) "Child at Risk" refers to a child who is vulnerable there are no family courts, any regional trial court.

to and at the risk of committing criminal offenses (h) "Deprivation of Liberty" refers to any form of
because of personal, family and social circumstances, detention or imprisonment, or to the placement of a
such as, but not limited to, the following: child in conflict with the law in a public or private

(1) being abused by any person through sexual, custodial setting, from which the child in conflict with

physical, psychological, mental, economic or any the law is not permitted to leave at will by order of any

other means and the parents or guardian refuse, are judicial or administrative authority.
(i) "Diversion" refers to an alternative, child- (n) "Law Enforcement Officer" refers to the person in
appropriate process of determining the responsibility authority or his/her agent as defined in Article 152 of
and treatment of a child in conflict with the law on the the Revised Penal Code, including a barangay tanod.
basis of his/her social, cultural, economic,
(o) "Offense" refers to any act or omission whether
psychological or educational background without
punishable under special laws or the Revised Penal
resorting toformal court proceedings.
Code, as amended.
(j) "Diversion Program" refers to the program that the
(p) "Recognizance" refers to an undertaking in lieu of
child in conflict with the law is required to undergo
a bond assumed by a parent or custodian who shall be
after he/she is found responsible for an offense without
responsible for the appearance in court of the child in
resorting to formal court proceedings.
conflict with the law, when required.
(k) "Initial Contact With-the Child" refers to the
(q) "Restorative Justice" refers to a principle which
apprehension or taking into custody of a child in
requires a process of resolving conflicts with the
conflict with the law by law enforcement officers or
maximum involvement of the victim, the offender and
private citizens. It includes the time when the child
the community. It seeks to obtain reparation for the
alleged to be in conflict with the law receives a
victim; reconciliation of the offender, the offended and
subpoena under Section 3 (b) of Rule 112 of the
the community; and reassurance to the offender that
Revised Rules of Criminal Procedure or summons
he/she can be reintegrated into society. It also
under Section 6 (a) or Section 9 (b) of the same Rule
enhances public safety by activating the offender, the
in cases that do not require preliminary investigation
victim and the community in prevention strategies.
or where there is no necessity to place the child alleged
to be in conflict with the law under immediate custody. (r) "Status Offenses" refers to offenses which
discriminate only against a child, while an adult does
(I) "Intervention" refers to a series of activities which
not suffer any penalty for committing similar acts.
are designed to address issues that caused the child to
These shall include curfew violations; truancy,
commit an offense. It may take the form of an
parental disobedience and the like.
individualized treatment program which may include
counseling, skills training, education, and other (s) "Youth Detention Home" refers to a 24-hour child-
activities that will enhance his/her psychological, caring institution managed by accredited local
emotional and psycho-social well-being. government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs)
(m) "Juvenile Justice and Welfare System" refers to a
providing short-term residential care for children in
system dealing with children at risk and children in
conflict with the law who are awaiting court
conflict with the law, which provides child-
disposition of their cases or transfer to other agencies
appropriate proceedings, including programs and
or jurisdiction.
services for prevention, diversion, rehabilitation, re-
integration and aftercare to ensure their normal growth (t) "Youth Rehabilitation Center" refers to a 24-hour
and development. residential care facility managed by the Department of
Social Welfare and Development (DSWD), LGUs,
licensed and/or accredited NGOs monitored by the shall have the right to maintain contact with his/her
DSWD, which provides care, treatment and family through correspondence and visits, save in
rehabilitation services for children in conflict with the exceptional circumstances; (e) the right to prompt
law. Rehabilitation services are provided under the access to legal and other appropriate assistance, as well
guidance of a trained staff where residents are cared as the right to challenge the legality of the deprivation
for under a structured therapeutic environment with of his/her liberty before a court or other competent,
the end view of reintegrating them into their families independent and impartial authority, and to a prompt
and communities as socially functioning individuals. decision on such action; (f) the right to bail and
Physical mobility of residents of said centers may be recognizance, in appropriate cases; (g) the right to
restricted pending court disposition of the charges testify as a witness in his/her own behalf under the rule
against them. on examination of a child witness; (h) the right to have
his/her privacy respected fully at all stages of the
(u) "Victimless Crimes" refers to offenses where there
proceedings; (i) the right to diversion if he/she is
is no private offended party.
qualified and voluntarily avails of the same; (j) the
CHAPTER 2 PRINCIPLES IN THE right to be imposed a judgment in proportion to the
ADMINISTRATIONOF JUVENILEJUSTICE AND gravity of the offense where his/her best interest, the
WELFARE rights of the victim and the needs of society are all
taken into consideration by the court, under the
SEC. 5. Rights of the Child in Conflict with the Law.
principle of restorative justice; (k) the right to have
– Every child in conflict with the law shall have the
restrictions on his/her personal liberty limited to the
following rights, including but not limited to: (a) the
minimum, and where discretion is given by law to the
right not to be subjected to torture or other cruel, in
judge to determine whether to impose fine or
human or degrading treatment or punishment; (b) the
imprisonment, the imposition of fine being preferred
right not to be imposed a sentence of capital
as the more appropriate penalty; (I) in general, the
punishment or life imprisonment, without the
right to automatic suspension of sentence; (m) the right
possibility of release; (c) the right not to be deprived,
to probation as an alternative to imprisonment, if
unlawfully or arbitrarily, of his/her liberty; detention
qualified under the Probation Law; (n) the right to be
or imprisonment being a disposition of last resort, and
free from liability for perjury, concealment or
which shall be for the shortest appropriate period of
misrepresentation; and (o) other rights as provided for
time; (d) the right to be treated with humanity and
under existing laws, rules and regulations. The State
respect, for the inherent dignity of the person, and in a
further adopts the provisions of the United Nations
manner which takes into account the needs of a person
Standard Minimum Rules for the Administration of
of his/her age. In particular, a child deprived of liberty
Juvenile Justice or "Beijing Rules", United Nations
shall be separated from adult offenders at all times. No
Guidelines for the Prevention of Juvenile Delinquency
child shall be detained together with adult offenders.
or the "Riyadh Guidelines", and the United Nations
He/She shall be conveyed separately to or from court.
Rules for the Protection of Juveniles Deprived of
He/She shall await hearing of his/her own case in a
Liberty. SEC. 6. Minimum Age of Criminal
separate holding area. A child in conflict with the law
Responsibility. – A child fifteen (15) years of age or the case is pending. Pending hearing on the said
under at the time of the commission of the offense motion, proceedings on the main case shall be
shall be exempt from criminal liability. However, the suspended. In all proceedings, law enforcement
child shall be subjected to an intervention program officers, prosecutors, judges and other government
pursuant to officials concerned shall exert all efforts at
determining the age of the child in conflict with the
Section 20 of this Act. A child above fifteen (15) years
law. TITLE II STRUCTURES IN THE
but below eighteen (18) years of age shall likewise be
ADMINISTRATIONOF JUVENILEJUSTICE AND
exempt from criminal liability and be subjected to an
WELFARE SEC. 8. Juvenile Justice and Welfare
intervention program, unless he/she has acted with
Council (JJWC). –A Juvenile Justice and Welfare
discernment, in which case, such child shall be
Council (JJWC) is hereby created and attached to the
subjected to the appropriate proceedings in accordance
Department of Justice and placed under its
with this Act. The exemption from criminal liability
administrative supervision. The JJWC shall be chaired
herein established does not include exemption from
by an undersecretary of the Department of Social
civil liability, which shall be enforced in accordance
Welfare and 23Development. It shall ensure the
with existing laws. SEC. 7. Determination ofAge. -
effective implementation of this Act and coordination
The child in conflict with the law shall enjoy the
among the following agencies: (a) Council for the
presumption of minority. He/She shall enjoy all the
Welfare of Children (CWC); (b) Department of
rights of a child in conflict with the law until he/she is
Education (DepEd); (c) Department of the Interior and
proven to be eighteen (18) years old or older. The age
Local Government (DILG); (d) Public Attorney's
of a child may be determined from the child's birth
Office (PAO); (e) Bureau of Corrections (BUCOR);
certificate, baptismal certificate or any other pertinent
(f) Parole and Probation Administration (PPA) (g)
documents. In the absence of these documents, age
National Bureau of Investigation (NBI); (h) Philippine
may be based on information from the child
National Police (PNP);. (i) Bureau of Jail Management
himself/herself, testimonies of other persons, the
and Penology (BJMP); (i) Commission on Human
physical appearance of the child and other relevant
Rights (CHR); (k) Technical Education and Skills
evidence. In case of doubt as to the age of the child, it
Development Authority (TESDA); (l) National Youth
shall be resolved in his/her favor. Any person
Commission (NYC); and (m) Other institutions
contesting the age of the child in conflict with the law
focused on juvenile justice and intervention programs.
prior to the filing of the information in any appropriate
The JJWC shall be composed of representatives,
court may file a case in a summary proceeding for the
whose ranks shall not be lower than director, to be
determination of age before the Family Court which
designated by the concerned heads of the following
shall decide the case within twenty-four (24) hours
departments or agencies: (a) Department of Justice
from receipt of the appropriate pleadings of all
(DOJ); (b) Department of Social Welfare and
interested parties. If a case has been filed against the
Development (DSWD); (c) Council for the Welfare of
child in conflict with the law and is pending in the
Children (CWC) (d) Department of Education
appropriate court, the person shall file a motion to
(DepEd); (e) Department of the Interior and Local
determine the age of the child in the same court where
Government (DILG) (f) Commission on Human with the law; (g) To collect relevant information and
Rights (CHR); (g) National Youth Commission conduct continuing research and support evaluations
(NYC); and (h) Two (2) representatives from NGOs, and studies on all matters relating to juvenile justice
one to be designated by the Secretary of Justice and and welfare, such as but not limited to: (1) the
the other to be designated by the Secretary of Social performance and results achieved by juvenile
Welfare and Development. The JJWC shall convene intervention programs and by activities of the local
within fifteen (15) days from the effectivity of this Act. government units and other government agencies; (2)
The Secretary of Justice and the Secretary 24of Social the periodic trends, problems and causes of juvenile
Welfare and Development shall determine the delinquency and crimes; and (3) the particular needs
organizational structure and staffing pattern of the of children in conflict with the law in custody. The data
JJWC. The JJWC shall coordinate with the Office of gathered shall be used by the JJWC in the
the Court Administrator and the Philippine Judicial improvement of the administration of juvenile justice
Academy to ensure the realization of its mandate and and welfare system. 25The JJWC shall set up a
the proper discharge of its duties and functions, as mechanism to ensure that children are involved in
herein provided. SEC. 9. Duties and Functions of the research and policy development. (h) Through duly
JJWC. - The JJWC shall have the following duties and designated persons and with the assistance of the
functions: (a) To oversee the implementation of this agencies provided in the preceding section, to conduct
Act; (b) To advise the President on all matters and regular inspections in detention and rehabilitation
policies relating to juvenile justice and welfare; (c) To facilities and to undertake spot inspections on their
assist the concerned agencies in the review and own initiative in order to check compliance with the
redrafting of existing policies/regulations or in the standards provided herein and to make the necessary
formulation of new ones in line with the provisions of recommendations to appropriate agencies; (i) To
this Act; (d) To periodically develop a comprehensive initiate and coordinate the conduct of trainings for the
3 to 5-year national juvenile intervention program, personnel of the agencies involved in the
with the participation of government agencies administration of the juvenile justice and welfare
concerned, NGOs and youth organizations; (e) To system and the juvenile intervention program; (j) To
coordinate the implementation of the juvenile submit an annual report to the President on the
intervention programs and activities by national implementation of this Act; and (k) To perform such
government agencies and other activities which may other functions as may be necessary to implement the
have an important bearing on the success of the entire provisions of this Act. SEC. 10. Policies and
national juvenile intervention program. All programs Procedures on Juvenile Justice and Welfare. - All
relating to juvenile justice and welfare shall be adopted government agencies enumerated in Section 8 shall,
in consultation with the JJWC; (f) To formulate and with the assistance of the JJWC and within one (1)
recommend policies and strategies in consultation with year from the effectivity of this Act, draft policies and
children for the prevention of juvenile delinquency procedures consistent with the standards set in the law.
and the administration of justice, as well as for the These policies and procedures shall be modified
treatment and rehabilitation of the children in conflict accordingly in consultation with the JJWC upon the
completion of the national juvenile intervention child rights, and delinquency prevention by relaying
program as provided under Section 9 (d). SEC. 11. consistent messages through a balanced approach.
Child Rights Center (CRC). - The existing Child Media practitioners shall, therefore, have the duty to
Rights Center of the Commission on Human Rights maintain the highest critical and professional standards
shall ensure that the status, rights and interests of in reporting and covering cases of children in conflict
children are upheld in accordance with the with the law. In all publicity concerning children, the
Constitution and international instruments on human best interest of the child should be the primordial and
rights. The CHR shall strengthen the monitoring of paramount concern. Any undue, inappropriate and
government compliance of all treaty obligations, sensationalized publicity of any case involving a child
including the timely and regular submission of reports in conflict with the law is hereby declared a violation
before the treaty bodies, as well as the implementation of the child's rights. SEC. 15. Establishment and
and dissemination of recommendations and Strengthening of Local Councils for the Protection of
conclusions by government agencies as well as NGOs Children. - Local Councils for the Protection of
and civil society. TITLE III PREVENTION OF Children (LCPC) shall be established in all levels of
JUVENILE DELINQUENCYCHAPTER 1 THE local government, and where they have already been
ROLE OF THE DIFFERENT SECTORSSEC. 12. The established, they shall be strengthened within one (1)
Family. - The family shall be responsible for the year from the effectivity of this Act. Membership in
primary nurturing and rearing of children which is the LCPC shall be chosen from among the responsible
critical in delinquency prevention. As far as members of the community, including a representative
practicable and in accordance with 26the procedures from the youth sector, as well as representatives from
of this Act, a child in conflict with the law shall be government and private agencies concerned with the
maintained in his/her family. SEC. 13. The welfare of children. The local council shall serve as the
Educational System. - Educational institutions shall primary agency to coordinate with and assist the LGU
work together with families, community organizations concerned for the adoption of a comprehensive plan on
and agencies in the prevention of juvenile delinquency delinquency prevention, and to oversee its proper
and in the rehabilitation and reintegration of child in implementation. One percent (1%) of the internal
conflict with the law. Schools shall provide adequate, revenue allotment of barangays, municipalities and
necessary and individualized educational schemes for cities shall be allocated for the strengthening and
children manifesting difficult behavior and children in implementation of the programs of the LCPC:
conflict with the law. In cases where children in Provided, That the disbursement of the fund shall be
conflict with the law are taken into custody or detained made by the LGU concerned. SEC. 16. Appointment
in rehabilitation centers, they should be provided the of Local Social Welfare and Development Officer. -
opportunity to continue learning under an alternative All LGUs shall appoint a duly licensed social worker
learning system with basic literacy program or non- as its local social welfare and development officer
formal education accreditation equivalency system. tasked to assist children in conflict with the law.
SEC. 14. The Role of the Mass Media. - The mass 27SEC. 17. The Sangguniang Kabataan. - The
media shall play an active role in the promotion of Sangguniang Kabataan (SK) shall coordinate with the
LCPC in the formulation and implementation of and equal opportunity, which tackle perceived root
juvenile intervention and diversion programs in the causes of offending; (b) Secondary intervention
community. CHAPTER 2 COMPREHENSIVE includes measures to assist children at risk; and (c)
JUVENILE INTERVENTION PROGRAM SEC. 18. Tertiary intervention includes measures to avoid
Development of a Comprehensive Juvenile unnecessary contact with the formal justice system and
Intervention Program. - A Comprehensive juvenile other measures to prevent re-offending. TITLE IV
intervention program covering at least a 3-year period TREATMENT OF CHILDREN BELOW THE AGE
shall be instituted in LGUs from the barangay to the OF CRIMINAL RESPONSIBILITY SEC. 20.
provincial level. The LGUs shall set aside an amount Children Below the Age of Criminal Responsibility. -
necessary to implement their respective juvenile If it has been determined that the child taken into
intervention programs in their annual budget. The custody is fifteen (15) years old or below, the authority
LGUs, in coordination with the LCPC, shall call on all which will have an initial contact with the child has the
sectors concerned, particularly the child-focused duty to immediately release the child to the custody of
institutions, NGOs, people's organizations, his/her parents or guardian, or in the absence thereof,
educational institutions and government agencies the child's nearest relative. Said authority shall give
involved in delinquency prevention to participate in notice to the local social welfare and development
the planning process and implementation of juvenile officer who will determine the appropriate programs
intervention programs. Such programs shall be in consultation with the child and to the person having
implemented consistent with the national program custody over the child. If the parents, guardians or
formulated and designed by the JJWC. The nearest relatives cannot be located, or if they refuse to
implementation of the comprehensive juvenile take custody, the child may be released to any of the
intervention program shall be reviewed and assessed following: a duly registered nongovernmental or
annually by the LGUs in coordination with the LCPC. religious organization; a barangay official or a
Results of the assessment shall be submitted by the member of the Barangay Council for the Protection of
provincial and city governments to the JJWC not later Children (BCPC); a local social welfare and
thanMarch30 of every year. SEC. 19. Community- development officer; or when and where appropriate,
based Programs on Juvenile Justice and Welfare. - the DSWD. If the child referred to herein has been
Community-based programs on juvenile justice and found by the Local Social Welfare and Development
welfare shall be instituted by the LGUs through the Office to be abandoned, neglected or abused by his
LCPC, school, youth organizations and other parents, or in the event that the parents will not comply
concerned agencies. The LGUs shall provide with the prevention program, the proper petition for
community-based services which respond to the involuntary commitment shall be filed by the DSWD
special needs, problems, interests and concerns of or the Local Social Welfare and Development Office
children and which offer appropriate counseling and pursuant to Presidential Decree No. 603, otherwise
guidance to them and their families. These programs ,known as "The Child and Youth Welfare Code".
shall consist of three levels: (a) Primary intervention TITLE V JUVENILE JUSTICE AND WELFARE
includes general measures to promote social justice SYSTEMCHAPTER I INITIAL CONTACT WITH
THE CHILDSEC. 21. Procedure for Taking the Child same; (k) Ensure that should detention of the child in
into Custody. – From the moment a child is taken into conflict with the law be necessary, the child shall be
custody, the law enforcement officer shall: (a) Explain secured in quarters separate from that of the opposite
to the child in simple language and in a dialect that sex and adult offenders; (l) Record the following in the
he/she can understand why he/she is being placed initial investigation: 1. Whether handcuffs or other
under custody and the offense that he/she allegedly instruments of restraint were used, and if so, the reason
committed; (b) Inform the child of the reason for such for such; 2. That the parents or guardian of a child, the
custody and advise the child of his/her constitutional DSWD, andthePA0have been informed of the
rights in a language or dialect understood by him/her; apprehension and the details thereof; and 3. The
(e) Properly identify himself/herself and present exhaustion of measures to determine the age of a child
proper identification to the child; (d) Refrain from and the precise details of the physical and medical
using vulgar or profane words and from sexually examination or the failure to submit a child to such
harassing or abusing, or making sexual advances on examination; and (m) Ensure that all statements signed
the child in conflict with the law; (e) Avoid displaying by the child during investigation shall be witnessed by
or using any firearm, weapon, handcuffs or other the child's parents or guardian, 30social worker, or
instruments of force or restraint, unless absolutely legal counsel in attendance who shall affix his/her
necessary and only after all other methods of control signature to the said statement. A child in conflict with
have been exhausted and have failed; (f) Refrain from the law shall only be searched by a law enforcement
subjecting the child in conflict with the law to greater officer of the same gender and shall not be locked up
restraint than is necessary for his/her apprehension; (g) in a detention cell. SEC. 22. Duties During Initial
Avoid violence or unnecessary force; (h) Determine Investigation. - The law enforcement officer shall, in
the age of the child pursuant to Section 7 of this Act; his/her investigation, determine where the case
(i) Immediately but not later than eight (8) hours after involving the child in conflict with the law should be
apprehension, turn over custody of the child to the referred. The taking of the statement of the child shall
Social Welfare and Development Office or other be conducted in the presence of the following: (1)
accredited NGOs, and notify the child's apprehension. child's counsel of choice or in the absence thereof, a
The social welfare and development officer shall lawyer from the Public Attorney's Office; (2) the
explain to the child and the child's parents/guardians child's parents, guardian, or nearest relative, as the
the consequences of the child's act with a view towards case may be; and (3) the local social welfare and
counseling and rehabilitation, diversion from the development officer. In the absence of the child's
criminal justice system, and reparation, if appropriate; parents, guardian, or nearest relative, and the local
(j) Take the child immediately to the proper medical social welfare and development officer, the
and health officer for a thorough physical and mental investigation shall be conducted in the presence of a
examination. The examination results shall be kept representative of an NGO, religious group, or member
confidential unless otherwise ordered by the Family of the BCPC. After the initial investigation, the local
Court. Whenever the medical treatment is required, social worker conducting the same may do either of
steps shall be immediately undertaken to provide the the following: (a) Proceed in accordance with Section
20 if the child is fifteen (15) years or below or above in conflict with law may undergo conferencing,
fifteen (15) but below eighteen (18) years old, who mediation or conciliation outside the criminal justice
acted without discernment; and (b) If the child is above system or prior to his entry into said system. A contract
fifteen (15) years old but below eighteen (18) and who of diversion may be entered into during such
acted with discernment, proceed to diversion under the conferencing, mediation or conciliation proceedings.
following chapter. CHAPTER 2 DIVERSION SEC. SEC. 26. Contract of Diversion. - If during the
23. System of Diversion. - Children in conflict with the conferencing, mediation or conciliation, the child
law shall undergo diversion programs without voluntarily admits the commission of the act, a
undergoing court proceedings subject to the conditions diversion program shall be developed when
herein provided: (a) Where the imposable penalty for appropriate and desirable as determined under Section
the crime committee is not more than six (6) years 30. Such admission shall not be used against the child
imprisonment, the law enforcement officer or Punong in any subsequent judicial, quasi-judicial or
Barangay with the assistance of the local social administrative proceedings. The diversion program
welfare and development officer or other members of shall be effective and binding if accepted by the parties
the LCPC shall conduct mediation, family concerned. The acceptance shall be in writing and
conferencing and conciliation and, where appropriate, signed by the parties concerned and the appropriate
adopt indigenous modes of conflict resolution in authorities. The local social welfare and development
accordance with the best interest of the child with a officer shall supervise the implementation of the
view to accomplishing the objectives of restorative diversion program. The diversion proceedings shall be
justice and the formulation of a diversion program. completed within forty-five (45) days. The period of
The child and his/her family shall be present in these prescription of the offense shall be suspended until the
activities. (b) In victimless crimes where the completion of the diversion proceedings but not to
imposable penalty is not more than six (6) years exceed forty-five (45) days. The child shall present
imprisonment, the local social welfare and himself/herself to the competent authorities that
development officer shall meet with the child and imposed the diversion program at least once a month
his/her parents or guardians for the development of the for reporting and evaluation of the effectiveness of the
appropriate diversion and rehabilitation program, in program. Failure to comply with the terms and
coordination with the BCPC; (c) Where the imposable conditions of the contract of diversion, as certified by
penalty for the crime committed exceeds six (6) years the local social welfare and development officer, shall
imprisonment, diversion measures may be resorted to give the offended party the option to institute the
only by the court. SEC. 24. Stages Where Diversion appropriate legal action. The period of prescription of
May be Conducted. - Diversion may be conducted at the offense shall be suspended during the effectivity of
the Katarungang Pambarangay, the police the diversion program, but not exceeding a period of
investigation or the inquest or preliminary two (2) years. SEC. 27. Duty of the Punong Barangay
investigation stage and at all 1evels and phases of the When There is No Diversion. - If the offense does not
proceedings including judicial level. SEC. 25. fall under Section 23(a) and(b), 32or if the child,
Conferencing, Mediation and Conciliation. - A child his/her parents or guardian does not consent to a
diversion, the Punong Barangay handling the case child in conflict with the law shall be used to formulate
shall, within three (3) days from determination of the an individualized treatment. The following factors
absence of jurisdiction over the case or termination of shall be considered in formulating a diversion program
the diversion proceedings, as the case may be, forward for the child: (a) The child's feelings of remorse for the
the records of the case of the child to the law offense he/she committed; (b) The parents' or legal
enforcement officer, prosecutor or the appropriate guardians' ability to guide and supervise the child; (c)
court, as the case may be. Upon the issuance of the The victim's view about the propriety of the measures
corresponding document, certifying to the fact that no to be imposed; and (d) The availability of community-
agreement has been reached by the parties, the case based programs for rehabilitation and reintegration of
shall be filed according to the regular process. SEC. the child. SEC. 31. Kinds of Diversion Programs. - The
28. Duty of the Law Enforcement Officer When There diversion program shall include adequate socio-
is No Diversion. - If the offense does not fall under cultural and psychological responses and services for
Section 23 (a) and (b), or if the child, his/her parents the child. At the different stages where diversion may
or guardian does not consent to a diversion, the be resorted to, the following diversion programs may
Women and Children Protection Desk of the PNP, or be agreed upon, such as, but not limited to: (a) At the
other law enforcement officer handling the case of the level of the Punong Barangay: (1) Restitution of
child under custody, to the prosecutor or judge property; (2) Reparation of the damage caused; (3)
concerned for the conduct of inquest and/or Indemnification for consequential damages; (4)
preliminary investigation to determine whether or not Written or oral apology; (5) Care, guidance and
the child should remain under custody and supervision orders; (6) Counseling for the child in
correspondingly charged in court. The document conflict with the law and the child's family;
transmitting said records shall display the word (7)Attendance in trainings, seminars and lectures on:
"CHILD" in bold letters. SEC. 29. Factors in (i) anger management skills; (ii) problem solving
Determining Diversion Program. - In determining and/or conflict resolution skills; (iii) values formation;
whether diversion is appropriate and desirable, the and (iv) other skills which will aid the child in dealing
following factors shall be taken into consideration: (a) with situations which can lead to repetition of the
The nature and circumstances of the offense charged; offense; (8) Participation in available community-
(b) The frequency and the severity of the act; (c) The based programs, including community service; or (9)
circumstances of the child (e.g. age, maturity, Participation in education, vocation and life skills
intelligence, etc.); (d) The influence of the family and programs. (b) At the level of the law enforcement
environment on the growth of the child; (e) The officer and the prosecutor: (1) Diversion programs
reparation of injury to the victim; (f) The weight of the specified under paragraphs (a)(1) to (a)(9)herein; and
evidence against the child; (g) The safety of the (2) Confiscation and forfeiture of the proceeds or
community; and (h) The best interest of the child. SEC. instruments of the crime; (c) At the level of the
30. Formulation of the Diversion Program. - In appropriate court: (1) Diversion programs specified
formulating a diversion program, the individual under paragraphs(a)and (b) above; (2) Written or oral
characteristics and the peculiar circumstances of the reprimand or citation; (3) Fine: (4) Payment of the cost
of the proceedings; or (5) Institutional care and rehabilitation center. The court shall not order the
custody. CHAPTER 3 PROSECUTION SEC. 32. detention of a child in a jail pending trial or hearing of
Duty of the Prosecutor's Office. - There shall be a his/her case. SEC. 36. Detention of the Child Pending
specially trained prosecutor to conduct inquest, Trial. - Children detained pending trial may be
preliminary investigation and prosecution of cases released on bail or recognizance as provided for under
involving a child in conflict with the law. If there is an Sections 34 and 35 under this Act. In all other cases
allegation of torture or ill-treatment of a child in and whenever possible, detention pending trial may be
conflict with the law during arrest or detention, it shall replaced by alternative measures, such as close
be the duty of the prosecutor to investigate the same. supervision, intensive care or placement with a family
SEC. 33. Preliminary Investigation and Filing of or in an educational setting or home.
Information. - The prosecutor shall conduct a Institutionalization or detention of the child pending
preliminary investigation in the following instances: trial shall be used only as a measure of last resort and
(a) when the child in conflict with the law does not for the shortest possible period of time. Whenever
qualify for diversion: (b) when the child, his/her detention is necessary, a child will always be detained
parents or guardian does not agree to diversion as in youth detention homes established by local
specified in Sections 27 and 28; and (c) when governments, pursuant to Section 8 of the Family
considering the assessment and recommendation of Courts Act, in the city or municipality where the child
the social worker, the prosecutor determines that resides. In the absence of a youth detention home, the
diversion is not appropriate for the child in conflict child in conflict with the law may be committed to the
with the law. Upon serving the subpoena and the care of the DSWD or a local rehabilitation center
affidavit of complaint, the prosecutor shall notify the recognized by the government in the province, city or
Public Attorney's Office of such service, as well as the municipality within the jurisdiction of the court. The
personal information, and place of detention of the center or agency concerned shall be responsible for the
child in conflict with the law. Upon determination of child's appearance in court whenever required. SEC.
probable cause by the prosecutor, the information 37. Diversion Measures. - Where the maximum
against the child shall be filed before the Family Court penalty imposed by law for the offense with which the
within forty-five (45) days from the start of the child in conflict with the law is charged is
preliminary investigation. CHAPTER 4 COURT imprisonment of not more than twelve (12) years,
PROCEEDINGS SEC. 34. Bail. - For purposes of regardless of the fine or fine alone regardless of the
recommending the amount of bail, the privileged amount, and before arraignment of the child in conflict
mitigating circumstance of minority shall be with the law, the court shall determine whether or not
considered. SEC. 35. Release on Recognizance. - diversion is appropriate.
Where a child is detained, the court shall order: (a) the
SEC. 38. Automatic Suspension of Sentence. - Once
release of the minor on recognizance to his/her parents
the child who is under eighteen (18) years of age at the
and other suitable person; 35(b) the release of the child
time of the commission of the offense is found guilty
in conflict with the law on bail; or (c) the transfer of
of the offense charged, the court shall determine and
the minor to a youth detention home/youth
ascertain any civil liability which may have resulted
from the offense committed. However, instead of order execution of sentence, or to extend the
pronouncing the judgment of conviction, the court suspended sentence for a certain specified period or
shall place the child in conflict with the law under until the child reaches the maximum age of twenty-one
suspended sentence, without need of application: (21) years.
Provided, however, That suspension of sentence shall
SEC. 41. Credit in Service of Sentence. - The child in
still be applied even if the juvenile is already eighteen
conflict with the law shall be credited in the services
years (18) of age or more at the time of the
of his/her sentence with the full time spent in actual
pronouncement of his/her guilt. Upon suspension of
commitment and detention under this Act.
sentence and after considering the various such
circumstances of the child, the court shall impose the SEC. 42. Probation as an Alternative to Imprisonment.
appropriate disposition measures as provided in the – The court may, after it shall have convicted and
Supreme Court Rule on Juveniles in Conflict with the sentenced a child in conflict with the law, and upon
Law. application at any time, place the child on probation in
lieu of service of his/her sentence taking into account
SEC. 39. Discharge of the Child in Conflict with the
the best interest of the child. For this purpose, Section
Law. - Upon the recommendation of the social worker
4 of Presidential Decree No. 968, otherwise known as
who has custody of the child, the court shall dismiss
the "Probation Law of 1976", is hereby amended
the case against the child whose sentence has been
accordingly.
suspended and against whom disposition measures
have been issued, and shall order the final discharge of CHAPTER 5 CONFIDENTIALITY OF RECORDS
the child if it finds that the objective of the disposition AND PROCEEDINGSSEC. 43. Confedentiality of
measures have been fulfilled. The discharge of the Records and Proceedings. - All records and
child in conflict with the law shall not affect the civil proceedings involving children in conflict with the law
liability resulting from the commission of the offense, from initial contact until final disposition of the case
which shall be enforced in accordance with law. shall be considered privileged and confidential. The
public shall be excluded during the proceedings and
SEC. 40. Return of the Child in Conflict with the Law
the records shall not be disclosed directly or indirectly
to Court. - If the court finds that the objective of the
to anyone by any of the parties or the participants in
disposition measures imposed upon the child in
the proceedings for any purpose whatsoever, except to
conflict with the law have not been fulfilled, or if the
determine if the child in conflict with the law may have
child in conflict with the law has will fully failed to
his/her sentence suspended or if he/she may be granted
comply with the conditions of his/her disposition or
probation under the Probation Law, or to enforce the
rehabilitation program, the child in conflict with the
civil liability imposed in the criminal action. The
law shall be brought before the court for execution of
component authorities shall undertake all measures to
judgment. If said child in conflict with the law has
protect this confidentiality of proceedings, including
reached eighteen (18) years of age while under
non-disclosure of records to the media, maintaining a
suspended sentence, the court shall determine whether
separate police blotter for cases involving children in
to discharge the child in accordance with this Act, to
conflict with the law and adopting a system of coding
to conceal material information which will lead to the - Female children in conflict with the law placed in an
child's identity. Records of a child in conflict with the institution shall be given special attention as to their
law shall not be used in subsequent proceedings for personal needs and problems. They shall be handled
cases involving the same offender as an adult, except by female doctors, correction officers and social
when beneficial for the offender and upon his/her workers, and shall be accommodated separately from
written consent. A person who has been in conflict male children in conflict with the law. SEC. 48.
with the law as a child shall not be held under any Gender-Sensitivity Training. - No personnel of
provision of law, to be guilty of perjury or of rehabilitation and training facilities shall handle
concealment or misrepresentation by reason of his/her children in conflict with the law without having
failure to acknowledge the case or recite any fact undergone gender sensitivity training. SEC. 49.
related thereto in response to any inquiry made to Establishment of Youth Detention Homes. - The
him/her for any purpose. TITLE VI LGUs shall set aside an amount to build youth
REHABILITATION AND REINTEGRATION SEC. detention homes as mandated by the Family Courts
44. Objective of Rehabilitation and Reintegration. - Act. Youth detention homes may also be established
The objective of rehabilitation and reintegration of by private and NGOs licensed and accredited by the
children in conflict with the law is to provide them DSWD, in consultation with the JJWC. SEC. 50. Care
with interventions, approaches and strategies that will and Maintenance of the Child in Conflict with the
enable them to improve their social functioning with Law. - The expenses for the care and maintenance of a
the end goal of reintegration to their families and as child in conflict with the law under institutional care
productive members of their communities. SEC. 45. shall be borne by his/her parents or those persons liable
Court Order Required. - No child shall be received in to support him/her: Provided, That in case his/her
any rehabilitation or training facility without a valid parents or those persons liable to support him/her
order issued by the court after a hearing for the cannot pay all or part of said expenses, the
purpose. The details of this order shall be immediately municipality where the offense was committed shall
entered in a register exclusively for children in conflict pay one-third (1/3) of said expenses or part thereof; the
with the law. No child shall be admitted in any facility province to which the municipality belongs shall pay
where there is no such register. SEC. 46, Separate one-third (1/3) and the remaining one-third (1/3) shall
Facilities from Adults. - In all rehabilitation or training be borne by the national government. Chartered cities
facilities, it shall be mandatory that children shall be shall pay two-thirds (2/3) of said expenses; and in case
separated from adults unless they are members of the a chartered city cannot pay said expenses, part of the
same family. Under no other circumstance shall a child internal revenue allotments applicable to the unpaid
in conflict with the law be placed in the same portion shall be withheld and applied to the settlement
confinement as adults. The rehabilitation, training or of said obligations: Provided, further, That in the event
confinement area of children in conflict with the law that the child in conflict with the law is not a resident
shall provide a home environment where children in of the municipality/city where the offense was
conflict with the law can be provided with quality committed, the court, upon its determination, may
counseling and treatment. SEC. 47. Female Children. require the city/municipality where the child in
conflict with the law resides to shoulder the cost. All youth in the community, a final report will be
city and provincial governments must exert effort for forwarded by the local social welfare and development
the immediate establishment of local detention homes officer to the court for final disposition of the case. If
for children in conflict with the law. SEC. 51. the community-based programs are provided as
Confinement of Convicted Children in Agricultural diversion measures under Chapter II, Title V, the
Camps and other Training Facilities. - A child in programs enumerated above shall be made available to
conflict with the law may, after conviction and upon the child in conflict with the law. SEC. 53. Youth
order of the court, be made to serve his/her sentence, Rehabilitation Center. - The youth rehabilitation
in lieu of confinement in a regular penal institution, in center shall provide 24-hour group care, treatment and
an agricultural camp and other training facilities that rehabilitation services under the guidance of a trained
may be established, maintained, supervised and staff where residents are cared for under a structured
controlled by the BUCOR, in coordination with the therapeutic environment with the end view of
DSWD. SEC. 52. Rehabilitation of Children in reintegrating them in their families and communities
Conflict with the Law.-Children in conflict with the as socially functioning individuals. A quarterly report
law, whose sentences are suspended may, upon order shall be submitted by the center to the proper court on
of the court, undergo any or a combination of the progress of the children in conflict with the law.
disposition measures best suited to the rehabilitation Based on the progress of the youth in the center, a final
and welfare of the child as provided in the Supreme report will be forwarded to the court for final
Court Rule on Juveniles in Conflict with the Law. 39If disposition of the case. The DSWD shall establish
the community-based rehabilitation is availed of by a youth rehabilitation centers in each region of the
child in conflict with the law, he/she shall be released country. SEC. 54. Objectives of Community Based
to parents, guardians, relatives or any other Programs. – The objectives of community-based
responsible person in the community. Under the programs are as follows: 40(a) Prevent disruption in
supervision and guidance of the local social welfare the education or means of livelihood of the child in
and development officer, and in coordination with conflict with the law in case he/she is studying,
his/her parents/guardian, the child in conflict with the working or attending vocational learning institutions;
law shall participate in community-based programs, (b) Prevent separation of the child in conflict with the
which shall include, but not limited to: (1) law from his/her parents/guardians to maintain the
Competency and life skills development; (2) Socio- support system fostered by their relationship and to
cultural and recreational activities; (3) Community create greater awareness of their mutual and reciprocal
volunteer projects; (4) Leadership training; (5) Social responsibilities; (c) Facilitate the rehabilitation and
services; (6) Home life services; (7) Health services; . mainstreaming of the child in conflict with the law and
(8) Spiritual enrichment; and (9) Community and encourage community support and involvement; and
family welfare services. In accordance therewith, the
(d) Minimize the stigma that attaches to the child in
family of the child in conflict with the law shall
conflict with the law by preventing jail detention.
endeavor to actively participate in the community-
based rehabilitation. Based on the progress of the
SEC. 55. Criteria of Community-Based Programs. - A. "Physical Violence" refers to acts that include
Every LGU shall establish community-based bodily or physical harm;
programs that will focus on the rehabilitation and
B. "Sexual violence" refers to an act which is sexual in
reintegration of the child. All programs shall meet the
nature, committed against a woman or her child. It
criteria to be established by the JJWC which shall take
includes, but is not limited to:
into account the purpose of the program, the need for
the consent of the child and his/her parents or legal a) rape, sexual harassment, acts of lasciviousness,
guardians, and the participation of the child-centered treating a woman or her child as a sex object, making
agencies whether public or private. demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim's
SEC. 56. After-Care Support Services for Children in
body, forcing her/him to watch obscene publications
Conflict with the Law. - Children in conflict with the
and indecent shows or forcing the woman or her child
law whose cases have been dismissed by the proper
to do indecent acts and/or make films thereof, forcing
court because of good behavior as per
the wife and mistress/lover to live in the conjugal
recommendation of the DSWD social worker and/or
home or sleep together in the same room with the
any accredited NGO youth rehabilitation center shall
abuser;
be provided after-care services by the local social
welfare and development officer for a period of at least b) acts causing or attempting to cause the victim to
six (6) months. The service includes counselling and engage in any sexual activity by force, threat of force,
other community-based services designed to facilitate physical or other harm or threat of physical or other
social reintegration, prevent re-offending and RA NO. harm or coercion; c) Prostituting the woman or child.
9262 SECTION 3. Definition of Terms.- As used in
C. "Psychological violence" refers to acts or omissions
this Act,
causing or likely to cause mental or emotional
(a) "Violence against women and their children" refers suffering of the victim such as but not limited to
to any act or a series of acts committed by any person intimidation, harassment, stalking, damage to
against a woman who is his wife, former wife, or property, public ridicule or humiliation, repeated
against a woman with whom the person has or had a verbal abuse and mental infidelity. It includes causing
sexual or dating relationship, or with whom he has a or allowing the victim to witness the physical, sexual
common child, or against her child whether legitimate or psychological abuse of a member of the family to
or illegitimate, within or without the family abode, which the victim belongs, or to witness pornography
which result in or is likely to result in physical, sexual, in any form or to witness abusive injury to pets or to
psychological harm or suffering, or economic abuse unlawful or unwanted deprivation of the right to
including threats of such acts, battery, assault, custody and/or visitation of common children.
coercion, harassment or arbitrary deprivation of
D. "Economic abuse" refers to acts that make or
liberty. It includes, but is not limited to, the following
attempt to make a woman financially dependent which
acts:
includes, but is not limited to the following:
1. withdrawal of financial support or preventing the (g) "Safe place or shelter" refers to any home or
victim from engaging in any legitimate profession, institution maintained or managed by the Department
occupation, business or activity, except in cases of Social Welfare and Development (DSWD) or by
wherein the other spouse/partner objects on valid, any other agency or voluntary organization accredited
serious and moral grounds as defined in Article 73 of by the DSWD for the purposes of this Actor any other
the Family Code; suitable place the resident of which is willing
temporarily to receive the victim.
2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of the (h) "Children" refers to those below eighteen (18)
conjugal, community or property owned in common; years of age or older but are incapable of taking care
of themselves as defined under Republic Act No.
3. destroying household property;
7610. As used in this Act, it includes the biological
4. controlling the victims' own money or properties or children of the victim and other children under her
solely controlling the conjugal money or properties. care.

b) "Battery" refers to an act of inflicting physical harm SECTION 3. Definition of Terms.- As used in this Act,
upon the woman or her child resulting to the physical
(a) "Violence against women and their children" refers
and psychological or emotional distress.
to any act or a series of acts committed by any person
(c) "Battered Woman Syndrome" refers to a against a woman who is his wife, former wife, or
scientifically defined pattern of psychological and against a woman with whom the person has or had a
behavioral symptoms found in women living in sexual or dating relationship, or with whom he has a
battering relationships as a result of cumulative abuse. common child, or against her child whether legitimate
or illegitimate, within or without the family abode,
(d) "Stalking" refers to an intentional act committed by
which result in or is likely to result in physical, sexual,
a person who, knowingly and without lawful
psychological harm or suffering, or economic abuse
justification follows the woman or her child or places
including threats of such acts, battery, assault,
the woman or her child under surveillance directly or
coercion, harassment or arbitrary deprivation of
indirectly or a combination thereof.
liberty. It includes, but is not limited to, the following
(e) "Dating relationship" refers to a situation wherein acts: A. "Physical Violence" refers to acts that include
the parties live as husband and wife without the benefit bodily or physical harm;
of marriage or are romantically involved over time and
B. "Sexual violence" refers to an act which is sexual in
on a continuing basis during the course of the
nature, committed against a woman or her child. It
relationship. A casual acquaintance or ordinary
includes, but is not limited to: a) rape, sexual
socialization between two individuals in a business or
harassment, acts of lasciviousness, treating a woman
social context is not a dating relationship.
or her child as a sex object, making demeaning and
(f) "Sexual relations" refers to a single sexual act sexually suggestive remarks, physically attacking the
which may or may not result in the bearing of a sexual parts of the victim's body, forcing her/him to
common child. watch obscene publications and indecent shows or
forcing the woman or her child to do indecent acts 4. controlling the victims' own money or properties or
and/or make films thereof, forcing the wife and solely controlling the conjugal money or properties.
mistress/lover to live in the conjugal home or sleep
(b) "Battery" refers to an act of inflicting physical
together in the same room with the abuser; b) acts
harm upon the woman or her child resulting to the
causing or attempting to cause the victim to engage in
physical and psychological or emotional distress.
any sexual activity by force, threat of force, physical
or other harm or threat of physical or other harm or (c) "Battered Woman Syndrome" refers to a
coercion; scientifically defined pattern of psychological and
behavioral symptoms found in women living in
c) Prostituting the woman or child.
battering relationships as a result of cumulative abuse.
C. "Psychological violence" refers to acts or omissions
(d) "Stalking" refers to an intentional act committed by
causing or likely to cause mental or emotional
a person who, knowingly and without lawful
suffering of the victim such as but not limited to
justification follows the woman or her child or places
intimidation, harassment, stalking, damage to
the woman or her child under surveillance directly or
property, public ridicule or humiliation, repeated
indirectly or a combination thereof.
verbal abuse and mental infidelity. It includes causing
or allowing the victim to witness the physical, sexual (e) "Dating relationship" refers to a situation wherein
or psychological abuse of a member of the family to the parties live as husband and wife without the benefit
which the victim belongs, or to witness pornography of marriage or are romantically involved over time and
in any form or to witness abusive injury to pets or to on a continuing basis during the course of the
unlawful or unwanted deprivation of the right to relationship. A casual acquaintance or ordinary
custody and/or visitation of common children. socialization between two individuals in a business or
social context is not a dating relationship.
D. "Economic abuse" refers to acts that make or
attempt to make a woman financially dependent which (f) "Sexual relations" refers to a single sexual act
includes, but is not limited to the following: which may or may not result in the bearing of a
common child.
1. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession, (g) "Safe place or shelter" refers to any home or
occupation, business or activity, except in cases institution maintained or managed by the Department
wherein the other spouse/partner objects on valid, of Social Welfare and Development (DSWD) or by
serious and moral grounds as defined in Article 73 of any other agency or voluntary organization accredited
the Family Code; by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing
2. deprivation or threat of deprivation of financial
temporarily to receive the victim.
resources and the right to the use and enjoyment of the
conjugal, community or property owned in common; (h) "Children" refers to those below eighteen (18)
years of age or older but are incapable of taking care
3. destroying household property;
of themselves as defined under
Republic Act No. 7610. As used in this Act, it includes threatening to deprive the woman or her child of a
the biological children of the victim and other children legal right; (4) Preventing the woman in engaging in
under her care. any legitimate profession, occupation, business or
activity or controlling the victim's own money or
SECTION 4. Construction.- This Act shall be liberally
properties, or solely controlling the conjugal or
construed to promote the protection and safety of
common money, or properties; (f) Inflicting or
victims of violence against women and their children.
threatening to inflict physical harm on oneself for the
SECTION 5. Acts of Violence Against Women and purpose of controlling her actions or decisions; (g)
Their Children.-The crime of violence against women Causing or attempting to cause the woman or her child
and their children is committed through any of the to engage in any sexual activity which does not
following acts: (a) Causing physical harm to the constitute rape, by force or threat of force, physical
woman or her child; harm, or through intimidation directed against the
woman or her child or her/his immediate family;
(b) Threatening to cause the woman or her child
physical harm; (h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that alarms or
(c) Attempting to cause the woman or her child
causes substantial emotional or psychological distress
physical harm;
to the woman or her child. This shall include, but not
(d) Placing the woman or her child in fear of imminent be limited to, the following acts: (1) Stalking or
physical harm; following the woman or her child in public or private
places; (2) Peering in the window or lingering outside
(e) Attempting to compel or compelling the woman or
the residence of the woman or her child; (3) Entering
her child to engage in conduct which the woman or her
or remaining in the dwelling or on the property of the
child has the right to desist from or desist from conduct
woman or her child against her/his will; (4) Destroying
which the woman or her child has the right to engage
the property and personal belongings or inflicting
in, or attempting to restrict or restricting the woman's
harm to animals or pets of the woman or her child; and
or her child's freedom of movement or conduct by
(5) Engaging in any form of harassment or violence;
force or threat of force, physical or other harm or threat
(i) Causing mental or emotional anguish, public
of physical or other harm, or intimidation directed
ridicule or humiliation to the woman or her child,
against the woman or child. This shall include, but not
including, but not limited to, repeated verbal and
limited to, the following acts committed with the
emotional abuse, and denial of financial support or
purpose or effect of controlling or restricting the
custody of minor children of access to the woman's
woman's or her child's movement or conduct: (1)
child/children.
Threatening to deprive or actually depriving the
woman or her child of custody to her/his family; (2) SECTION 6. Penalties.- The crime of violence against
Depriving or threatening to deprive the woman or her women and their children, under Section 5 hereof shall
children of financial support legally due her or her be punished according to the following rules: (a) Acts
family, or deliberately providing the woman's children falling under Section 5 (a) constituting attempted,
insufficient financial support; (3) Depriving or
frustrated or consummated parricide or murder or women and their children under this law. In the
homicide shall be punished in accordance with the absence of such court in the place where the offense
provisions of the Revised Penal Code. If these acts was committed, the case shall be filed in the Regional
resulted in mutilation, it shall be punishable in Trial Court where the crime or any of its elements was
accordance with the Revised Penal Code; those committed at the option of the compliant.
constituting serious physical injuries shall have the
SECTION 8. Protection Orders.- A protection order is
penalty of prison mayor; those constituting less serious
an order issued under this act for the purpose of
physical injuries shall be punished by prision
preventing further acts of violence against a woman or
correccional; and those constituting slight physical
her child specified in Section 5 of this Act and granting
injuries shall be punished by arresto mayor. Acts
other necessary relief. The relief granted under a
falling under Section 5 (b) shall be punished by
protection order serve the purpose of safeguarding the
imprisonment of two degrees lower than the
victim from further harm, minimizing any disruption
prescribed penalty for the consummated crime as
in the victim's daily life, and facilitating the
specified in the preceding paragraph but shall in no
opportunity and ability of the victim to independently
case be lower than arresto mayor. (b) Acts falling
regain control over her life. The provisions of the
under Section 5(c) and 5(d) shall be punished by
protection order shall be enforced by law enforcement
arresto mayor; (c) Acts falling under Section 5(e) shall
agencies. The protection orders that may be issued
be punished by prision correccional; (d) Acts falling
under this Act are the barangay protection order
under Section 5 (f) shall be punished by arresto mayor;
(BPO), temporary protection order (TPO) and
(e) Acts falling under Section 5(g) shall be punished
permanent protection order (PPO). The protection
by prision mayor; (f) Acts falling under Section 5(h)
orders that may be issued under this Act shall include
and Section 5(i) shall be punished by prision mayor. If
any, some or all of the following reliefs: (a)
the acts are committed while the woman or child is
Prohibition of the respondent from threatening to
pregnant or committed in the presence of her child, the
commit or committing, personally or through another,
penalty to be applied shall be the maximum period of
any of the acts mentioned in Section 5 of this Act; (b)
penalty prescribed in the section. In addition to
Prohibition of the respondent from harassing,
imprisonment, the perpetrator shall (a) pay a fine in the
annoying, telephoning, contacting or otherwise
amount of not less than One hundred thousand pesos
communicating with the petitioner, directly or
(P100,000.00) but not more than three hundred
indirectly; (c) Removal and exclusion of the
thousand pesos (300,000.00);
respondent from the residence of the petitioner,
(b) undergo mandatory psychological counselling or regardless of ownership of the residence, either
psychiatric treatment and shall report compliance to temporarily for the purpose of protecting the
the court. petitioner, or permanently where no property rights are
violated, and if respondent must remove personal
SECTION 7. Venue.- The Regional Trial Court
effects from the residence, the court shall direct a law
designated as a Family Court shall have original and
enforcement agent to accompany the respondent has
exclusive jurisdiction over cases of violence against
gathered his things and escort respondent from the
residence; (d) Directing the respondent to stay away appropriate action on matter; (i) Restitution for actual
from petitioner and designated family or household damages caused by the violence inflicted, including,
member at a distance specified by the court, and to stay but not limited to, property damage, medical expenses,
away from the residence, school, place of childcare expenses and loss of income; (j) Directing
employment, or any specified place frequented by the the DSWD or any appropriate agency to provide
petitioner and any designated family or household petitioner may need; and (k) Provision of such other
member; (e) Directing lawful possession and use by forms of relief as the court deems necessary to protect
petitioner of an automobile and other essential and provide for the safety of the petitioner and any
personal effects, regardless of ownership, and designated family or household member, provided
directing the appropriate law enforcement officer to petitioner and any designated family or household
accompany the petitioner to the residence of the parties member consents to such relief. Any of the reliefs
to ensure that the petitioner is safely restored to the provided under this section shall be granted even in the
possession of the automobile and other essential absence of a decree of legal separation or annulment
personal effects, or to supervise the petitioner's or or declaration of absolute nullity of marriage. The
respondent's removal of personal belongings; (f) issuance of a BPO or the pendency of an application
Granting a temporary or permanent custody of a for BPO shall not preclude a petitioner from applying
child/children to the petitioner; (g) Directing the for, or the court from granting a TPO or PPO.
respondent to provide support to the woman and/or her
SECTION 9. Who may file Petition for Protection
child if entitled to legal support. Not with standing
Orders. –Apetition for protection order may be filed by
other laws to the contrary, the court shall order an
any of the following: (a) the offended party; (b) parents
appropriate percentage of the income or salary of the
or guardians of the offended party; (c) ascendants,
respondent to be withheld regularly by the
descendants or collateral relatives within the fourth
respondent's employer for the same to be
civil degree of consanguinity or affinity; (d) officers or
automatically remitted directly to the woman. Failure
social workers of the DSWD or social workers of local
to remit and/or withhold or any delay in the remittance
government units (LGUs); (e) police officers,
of support to the woman and/or her child without
preferably those in charge of women and children's
justifiable cause shall render the respondent or his
desks; (f) Punong Barangay or Barangay Kagawad; (g)
employer liable for indirect contempt of court; (h)
lawyer, counselor, therapist or healthcare provider of
Prohibition of the respondent from any use or
the petitioner; (h) At least two (2) concerned
possession of any firearm or deadly weapon and order
responsible citizens of the city or municipality where
him to surrender the same to the court for appropriate
the violence against women and their children
disposition by the court, including revocation of
occurred and who has personal knowledge of the
license and disqualification to apply for any license to
offense committed.
use or possess a firearm. If the offender is a law
enforcement agent, the court shall order the offender SECTION 10. Where to Apply for a Protection Order.
to surrender his firearm and shall direct the appropriate – Applications for BPOs shall follow the rules on
authority to investigate on the offender and take venue under Section 409 of the Local Government
Code of 1991 and its implementing rules and jurisdiction, and shall provide a mailing address for
regulations. An application for a TPO or PPO may be purpose of service processing. An application for
filed in the regional trial court, metropolitan trial court, protection order filed with a court shall be considered
municipal trial court, municipal circuit trial court with an application for both a TPO and PPO. Barangay
territorial jurisdiction over the place of residence of the officials and court personnel shall assist applicants in
petitioner: Provided, however, That if a family court the preparation of the application. Law enforcement
exists in the place of residence of the petitioner, the agents shall also extend assistance in the application
application shall be filed with that court. for protection orders in cases brought to their attention.
SECTION 12. Enforceability of Protection Orders. –
SECTION 11. How to Apply for a Protection Order. –
All TPOs and PPOs issued under this Act shall be
The application for a protection order must be in
enforceable anywhere in the Philippines and a
writing, signed and verified under oath by the
violation thereof shall be punishable with a fine
applicant. It may be filed as an independent action or
ranging from Five Thousand Pesos (P5,000.00) to
as incidental relief in any civil or criminal case the
Fifty Thousand Pesos (P50,000.00) and/or
subject matter or issues thereof partakes of a violence
imprisonment of six (6) months. SECTION 13. Legal
as described in this Act. A standard protection order
Representation of Petitioners for Protection Order. – If
application form, written in English with translation to
the woman or her child requests in the applications for
the major local languages, shall be made available to
a protection order for the appointment of counsel
facilitate applications for protections order, and shall
because of lack of economic means to hire a counsel
contain, among other, the following information: (a)
de parte, the court shall immediately direct the Public
names and addresses of petitioner and respondent; (b)
Attorney's Office (PAO) to represent the petitioner in
description of relationships between petitioner and
the hearing on the application. If the PAO determines
respondent; (c) a statement of the circumstances of the
that the applicant can afford to hire the services of a
abuse; (d) description of the reliefs requested by
counsel de parte, it shall facilitate the legal
petitioner as specified in Section 8 herein; (e) request
representation of the petitioner by a counsel de parte.
for counsel and reasons for such; (f) request for waiver
The lack of access to family or conjugal resources by
of application fees until hearing; and(g) an attestation
the applicant, such as when the same are controlled by
that there is no pending application for a protection
the perpetrator, shall qualify the petitioner to legal
order in another court. If the applicants is not the
representation by the PAO. However, a private
victim, the application must be accompanied by an
counsel offering free legal service is not barred from
affidavit of the applicant attesting to(a) the
representing the petitioner. SECTION 14. Barangay
circumstances of the abuse suffered by the victim and
Protection Orders (BPOs); Who May Issue and How.
(b) the circumstances of consent given by the victim
- Barangay Protection Orders (BPOs) refer to the
for the filling of the application. When disclosure of
protection order issued by the Punong Barangay
the address of the victim will pose danger to her life, it
ordering the perpetrator to desist from committing acts
shall be so stated in the application. In such a case, the
under Section 5(a) and(b) of this Act. A Punong
applicant shall attest that the victim is residing in the
Barangay who receives applications for a BPO shall
50municipality or city over which court has territorial
issue the protection order to the applicant on the date a PPO. If the respondents appears without counsel on
offiling after ex parte determination of the basis of the the date of the hearing on the PPO, the court shall
application. If the Punong Barangay is unavailable to appoint a lawyer for the respondent and immediately
act on the application for a BPO, the application shall proceed with the hearing. In case the respondent fails
be acted upon by any available Barangay Kagawad. If to appear despite proper notice, the court shall allow
the BPO is issued by a Barangay Kagawad the order ex parte presentation of the evidence by the applicant
must be accompanied by an attestation by the and render judgment on the basis of the evidence
Barangay Kagawad that the Punong Barangay was presented. The court shall allow the introduction of
unavailable at the time for the issuance of the BPO. any history of abusive conduct of a respondent even if
BPOs shall be effective for fifteen (15)days. the same was not directed against the applicant or the
Immediately after the issuance of an ex parteBPO, the person for whom the applicant is made. The court
Punong Barangay or Barangay Kagawad shall shall, to the extent possible, conduct the hearing on the
personally serve a copy of the same on the respondent, merits of the issuance of a PPO in one (1) day. Where
or direct any barangay official to effect is personal the court is unable to conduct the hearing within one
service. 51The parties may be accompanied by a non- (1) day and the TPO issue dis due to expire, the court
lawyer advocate in any proceeding before the Punong shall continuously extend or renew the TPO for a
Barangay. SECTION 15. Temporary Protection period of thirty (30) days at each particular time until
Orders. – Temporary Protection Orders (TPOs) refers final judgment is issued. The extended or renewed
to the protection order issued by the court on the date TPO maybe modified by the court as may be necessary
of filing of the application after ex parte determination or applicable to address the needs of the applicant. The
that such order should be issued. A court may grant in court may grant any, some or all of the reliefs specified
a TPO any, some or all of the reliefs mentioned in this in Section 8 hereof in a PPO. A PPO shall be effective
Act and shall be effective for thirty (30) days. The until revoked by a court upon application of the person
court shall schedule a hearing on the issuance of a PPO in whose favor the order was issued. The court shall
prior to or on the date of the expiration of the TPO. ensure immediate personal service of the PPO on
The court shall order the immediate personal service respondent. The court shall not deny the issuance of
of the TPO on the respondent by the court sheriff who protection order on the basis of the lapse of time
may obtain the assistance of law enforcement agents between the act of violence and the filing of the
for the service. The TPO shall include notice of the application. Regardless of the conviction or acquittal
date of the hearing on the merits of the issuance of a of the respondent, the Court must determine whether
PPO. SECTION 16. Permanent Protection Orders. – or not the PPO shall become final. Even in a dismissal,
Permanent Protection Order (PPO) refers to protection a PPO shall be granted as long as there is no clear
order issued by the court after notice and hearing. showing that the act from which the order might arise
Respondents non-appearance despite proper notice, or did not exist. SECTION 17. Notice of Sanction in
his lack of a lawyer, or the non-availability of his Protection Orders. – The following statement must be
lawyer shall not be a ground for rescheduling or printed in bold-faced type or in capital letters on the
postponing the hearing on the merits of the issuance of protection order issued by the Punong Barangay or
court: "VIOLATION OF THIS ORDER IS protection order as it deems necessary without need of
PUNISHABLE BY LAW." SECTION 18. Mandatory an application. Violation of any provision of a TPO or
Period For Acting on Applications For Protection PPO issued under this Act shall constitute contempt of
Orders – Failure to act on an application for a court punishable under Rule 71 of the 53Rules of
protection order within the reglementary period Court, without prejudice to any other criminal or civil
specified in the previous section without justifiable action that the offended party may file for any of the
cause shall render the official or judge acts committed. SECTION 22. Applicability of
administratively liable. SECTION 19. Legal Protection Orders to Criminal Cases. – The foregoing
Separation Cases. – In cases of legal separation, where provisions on protection orders shall be applicable in
violence as specified in this Act is alleged, Article 58 impliedly instituted with the criminal actions
of the Family Code shall not apply. The court shall involving violence against women and their children.
proceed on the main case and other incidents of the SECTION 23. Bond to Keep the Peace. – The Court
case as soon as possible. The hearing on any may order any person against whom a protection order
application for a protection order filed by the petitioner is issued to give a bond to keep the peace, to present
must be conducted within the mandatory period two sufficient sureties who shall undertake that such
specified in this Act. SECTION 20. Priority of person will not commit the violence sought to be
Application for a Protection Order. –Exparte and prevented. Should the respondent fail to give the bond
adversarial hearings to determine the basis of as required, he shall be detained for a period which
applications for a protection order under this Act shall shall in no case exceed six (6) months, if he shall have
have priority over all other proceedings. Barangay been prosecuted for acts punishable under Section 5(a)
officials and the courts shall schedule and conduct to 5(f) and not exceeding thirty (30) days, if for acts
hearings on applications for a protection order under punishable under Section 5(g) to 5(I). The protection
this Act above all other business and, if necessary, orders referred to in this section are the TPOs and the
suspend other proceedings in order to hear PPOs issued only by the courts. SECTION 24.
applications for a protection order. SECTION 21. Prescriptive Period. – Acts falling under Sections 5(a)
Violation of Protection Orders. – Acomplaint for a to 5(f) shall prescribe in twenty (20) years. Acts falling
violation of a BPO issued under this Act must be filed under Sections 5(g) to 5(I) shall prescribe in ten (10)
directly with any municipal trial court, metropolitan years. SECTION 25. Public Crime. – Violence against
trial court, or municipal circuit trial court that has women and their children shall be considered a public
territorial jurisdiction over the barangay that issued the offense which maybe prosecuted upon the filing of a
BPO. Violation of a BPO shall be punishable by complaint by any citizen having personal knowledge
imprisonment of thirty (30) days without prejudice to of the circumstances involving the commission of the
any other criminal or civil action that the offended crime. SECTION 26. Battered Woman Syndrome as a
party may file for any of the acts committed. A Defense. – Victim-survivors who are found by the
judgement of violation of a BPO ma be appealed courts to be suffering from battered woman syndrome
according to the Rules of Court. During trial and upon do not incur any criminal and civil liability not with
judgment, the trial court may motu proprio issue a standing the absence of any of the elements for
justifying circumstances of self-defense under the choice or to a clinic or hospital; (d) assist the victim in
Revised Penal Code. In the determination of the state removing personal belongs from the house; (e) assist
of mind of the woman who was suffering from battered the barangay officials and other government officers
woman syndrome at the time of the commission of the and employees who respond to a call for help; (f)
crime, the courts shall be assisted by expert ensure the enforcement of the Protection Orders issued
psychiatrists/ psychologists. SECTION 27. Prohibited by the Punong Barangy or the courts; (g) arrest the
Defense. – Being under the influence of alcohol, any suspected perpetrator wiithout a warrant when any of
illicit drug, or any other mind-altering substance shall the acts of violence defined by this Act is occurring, or
not be a defense under this Act. SECTION 28. Custody when he/she has personal knowledge that any act of
of children. – The woman victim of violence shall be abuse has just been committed, and there is imminent
entitled to the custody and support of her danger to the life or limb of the victim as defined in
child/children. Children below seven (7) years old this Act; and (h) immediately report the call for
older but with mental or physical disabilities shall assessment or assistance of the DSWD, social Welfare
automatically be given to the mother, with right to Department of LGUs or accredited non-government
support, unless the court finds compelling reasons to organizations (NGOs). Any barangay official or law
order otherwise. A victim who is suffering from enforcer who fails to report the incident shall be liable
battered woman syndrome shall not be disqualified for a fine not exceeding Ten Thousand Pesos
from having custody of her children. In no case shall 55(P10,000.00) or whenever applicable criminal, civil
custody of minor children be given to the perpetrator or administrative liability. SECTION 31. Healthcare
of a woman who is suffering from Battered woman Provider Response to Abuse – Any healthcare
syndrome. SECTION 29. Duties of Prosecutors/Court provider, including, but not limited to, an attending
Personnel. – Prosecutors and court personnel should physician, nurse, clinician, barangay health worker,
observe the following duties when dealing with therapist or counselor who suspects abuse or has been
victims under this Act: a) communicate with the victim informed by the victim of violence shall: (a) properly
in a language understood by the woman or her child; document any of the victim's physical, emotional or
and b) inform the victim of her/his rights including psychological injuries; (b) properly record any of
legal remedies available and procedure, and privileges victim's suspicions, observations and
for indigent litigants. SECTION 30. Duties of circumstances of the examination or visit; (c)
Barangay Officials and Law Enforcers. – Barangay automatically provide the victim free of
officials and law enforcers shall have the following
charge a medical certificate concerning the
duties: (a) respond immediately to a call for help or
examination or visit; (d) safeguard the
request for assistance or protection of the victim by
records and make them available to the
entering the necessary whether or not a protection
victim upon request at actual cost; and (e)
order has been issued and ensure the safety of the
victim/s; (b) confiscate any deadly weapon in the provide the victim immediate and adequate
possession of the perpetrator or within plain view; (c) notice of rights and remedies provided under
transport or escort the victim/s to a safe place of their this Act, and services available to them.