The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and welfare system. SEC. JUVENILE JUSTICE IN THE PHILIPPINES - A PERSONAL EXPERIENCE (ABSTRACT) Marianne Murdoch-Verwijs, LLM (Free University, Amsterdam) BACKGROUND ON JUVENILE CRIME AND THE LEGAL SITUATION IN THE PHILIPPINES IN THE EARLY 1990s The problems of street children and juvenile delinquents are much related social problems. The Philippine justice system plagued with corruption. Definition of Terms. - If the offense does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Women and Children Protection Desk of the PNP, or other law enforcement officer handling the case of the child under custody, to the prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation to determine whether or not the child should remain under custody and correspondingly charged in court. - Persons who have been convicted and are serving sentence at the time of the effectivity of this Act, and who were below the age of eighteen (18) years at the time the commission of the offense for which they were convicted and are serving sentence, shall likewise benefit from the retroactive application of this Act. 0. Upon suspension of sentence and after considering the various chcumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law. In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law. - Children in conflict with the law whose cases have been dismissed by the proper court because of good behavior as per recommendation of the DSWD social worker and/or any accredited NGO youth rehabilitation center shall be provided after-care services by the local social welfare and development officer for a period of at least six (6) months. - The prosecutor shall conduct a preliminary investigation in the following instances: (a) when the child in conflict with the law does not qualify for diversion: (b) when the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; and (c) when considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the law. - This Act shall take effect after fifteen (15) days from its publication in at least two (2) national newspapers of general circulation. Determination ofAge. (f) The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in conflict with the law. SEC. With the signing of the Juvenile Justice and Welfare Act 2006 by President Gloria Macapagal-Arroyo, the Philippines introduced a new juvenile justice system. 48. 4373. The library stocks books featuring LGBTQ+ characters and authors. 39. The rehabilitation, training or confinement area of children in conflict with the law shall provide a home environment where children in conflict with the law can be provided with quality counseling and treatment. TITLE II Jeza Mae Sarah C. Sanchez (Administrative and Legal Officer of the Office of the Chief, Bureau of Jail Management and Penology, Philippines.). - Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. - The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the formulation and implementation of juvenile intervention and diversion programs in the community. Bail may be given in the form of corporate security, property bond, cash deposit, or recognizance. Status Offenees. It also enhances public safety by activating the offender, the victim and the community in prevention strategies. 22. It has many advocates among defense lawyers, child psychologists and former juvenile offenders, who believe that vulnerable adolescents are better safeguarded when they're not tried in the same manner as adults. With the President himself ordering his men to “take the law in their own hands,” the justice system will only become weaker than it already is. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. System of Diversion. THEORY OF CHANGE — an approach or - A child in conflict with law may undergo conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said system. - Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care. Section 1. - Any person who violates any provision of this Act or any rule or regulation promulgated in accordance thereof shall, upon conviction for each act or omission, be punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or suffer imprisonment of not less than eight (8) years but not more than ten (10) years, or both such fine and imprisonment at the discretion of the court, unless a higher penalty is provided for in the Revised Penal Code or special laws. 37. The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense, which shall be enforced in accordance with law. Juvenile justice, system of laws, policies, and procedures intended to regulate the processing and treatment of nonadult offenders for violations of law and to provide legal remedies that protect their interests in situations of conflict or neglect. The component authorities shall undertake all measures to protect this confidentiality of proceedings, including non-disclosure of records to the media, maintaining a separate police blotter for cases involving children in conflict with the law and adopting a system of coding to conceal material information which will lead to the child's identity. SEC. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. COMPREHENSIVE JUVENILE INTERVENTION PROGRAM. (m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development. - If the offense does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Punong Barangay handling the case shall, within three (3) days from determination of the absence of jurisdiction over the case or termination of the diversion proceedings, as the case may be, forward the records of the case of the child to the law enforcement officer, prosecutor or the appropriate court, as the case may be. One court per 50,000 people. It is operated by the smallest of the local government units, the barangay, and is overseen by the barangay captain, the highest elected official of the barangay and its executive. - If a child reaches the age of eighteen (18) years pending diversion and court proceedings, the appropriate diversion authority in consultation with the local social welfare and development officer or the Family Court in consultation with the Social Services and Counseling Division (SSCD) of the Supreme Court, as the case may be, shall determine the appropriate disposition. Community-based Programs on Juvenile Justice and Welfare. UNICEF urges the Philippine Government to celebrate the 13th anniversary of the Juvenile Justice and Welfare Act by upholding the rights and best interests of the children and to lead the full and effective implementation of the law. The Philippines already has a separate justice system for children, through the Juvenile Justice Law of 2006, that must be fully and effectively implemented. 9344            , AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. 57. - The PNP, the BJMP and the BUCOR are hereby directed to submit to the JJWC, within ninety (90) days from the effectivity of this Act, an inventory of all children in conflict with the law under their custody. - In the conduct of the proceedings beginning from the initial contact with the child, the competent authorities must refrain from branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names. Youth Rehabilitation Center. - Children detained pending trial may be released on bail or recognizance as provided for under Sections 34 and 35 under this Act. (m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement. Return of the Child in Conflict with the Law to Court. (d) The availability of community-based programs for rehabilitation and reintegration of the child. The LGUs shall provide community-based services which respond to the special needs, problems, interests and concerns of children and which offer appropriate counseling and guidance to them and their families. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. LGBTQ+ friendly posters hang in youth facilities. ways. Diversion programs are typically designed to provide youth with experiences that are different from traditional juvenile justice experiences. SEC. - A Comprehensive juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the barangay to the provincial level. SEC. - The youth rehabilitation center shall provide 24-hour group care, treatment and rehabilitation services under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them in their families and communities as socially functioning individuals. 32. 66. in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD. Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney's Office of such service, as well as the personal information, and place of detention of the child in conflict with the law. - The child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention under this Act. 5. For any major improvements the ‘Families’ will have to be forced out of political and economic control and strong laws against corruption passed, a new judiciary appointed and the offenders prosecuted - not just those out of political favor as one family attacks another through their controlled judges. Factors in Determining Diversion Program. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances; (e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action; (f) the right to bail and recognizance, in appropriate cases; (g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness; (h) the right to have his/her privacy respected fully at all stages of the proceedings; (i) the right to diversion if he/she is qualified and voluntarily avails of the same; (j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice; (k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty; (I) in general, the right to automatic suspension of sentence; (m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law; (n) the right to be free from liability for perjury, concealment or misrepresentation; and. This correctional system occurs within a setting known as the barangay. In November 2016, the juvenile justice law became a hot topic for debate when the Philippine Congress planned to propose a bill that would lower the age of criminal responsibility to nine from fifteen-years-old, which is the legal as documented in the current Juvenile Justice and Welfare Act, otherwise known as the R.A. 9344. Nestor Chan, Metro Manila: Too much politics mars the Philippine justice system. (i) "Diversion" refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court Proceedings. Katarungang Pambarangay, or the Barangay Justice System is a local justice system in the Philippines. - The law enforcement officer shall, in his/her investigation, determine where the case involving the child in conflict with the law should be referred. 30. R.A. 10630, amending R.A. 9344 “An Act Strengthening the Juvenile Justice System in the Philippines” 2. Because of lack of funds there are still not enough programs for education, … - Community-based programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC, school, youth organizations and other concerned agencies. The Commission on Crime Prevention and Criminal Justice, of which the Philippines is a member-country, through a draft resolution, recommended to the Economic and Social Council of the United Nations Organization (UNO), the adoption of the “Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters”. 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