This document summarizes the key rules and procedures regarding juveniles in conflict with the law (CICL) according to Republic Act 9344, also known as the Juvenile Justice and Welfare Act of 2006. It outlines the initial contact and apprehension process, including notifying parents and authorities, determining age, and rights explanation. It then details the initial investigation process and options for diversion or intervention depending on the child's age and discernment. The document provides guidelines for custody, confidentiality, prosecution, court proceedings, rehabilitation and ultimately discharge of the CICL.

1. CICL Rules in Relation to RA
9344

2. Republic Act 9344:
Juvenile Justice Welfare Act of 2006
Effectivity: May 20, 2006
IRR: September 19, 2006
Rule on Juveniles in Conflict with the Law
became effective on April 15, 2002

4. INITIAL CONTACT
 Refers to the apprehension or taking
into custody of a CICL by law
enforcement officers or private
citizens
 Includes the time when CICL receives
a subpoena or summons from the
prosecutor’s office

5.  A private citizen who has taken into
custody or apprehended a CICL must
immediately refer the child to the law
enforcement officer for proper
investigation

6. PROCEDURE
 FOR TAKING A CICL INTO CUSTODY:
 Identify him/herself as a law enforcer
to the CICL (present proper
identification)
 Immediately notify child’s
parents/guardians, LSWDO, PAO of
child’s apprehension not later than 8
hours

7. Procedure…
 Explain the ff: (in a language
understood by him)
 Reason for apprehension
 Crime allegedly committed
 Constitutional rights
 Determine immediately the age of
the child
 Take the child immediately for a
thorough physical and mental
examination

8. Procedure…
 Turn over custody of the child to the LSWDO or
accredited NGO immediately but not later than
8 hours
 If child is below age of criminal responsibility,
immediately release the child to his/her
parents
 The turnover of children below the age of
criminal responsibility to parents
notwithstanding, the law enforcement officer
shall proceed with the initial investigation, where
appropriate.
 A CICL shall only be searched by a law
enforcement officer of the same gender

9. INITIAL INVESTIGATION
 the stage after initial contact when
the law enforcement officer takes the
statement of the CICL.
 To be conducted by a law
enforcement officer from the Women
and Children Protection Desk

10. Initial Investigation…
 Child’s statement during investigation,
conducted in the presence of counsel of
choice or PAO lawyer,
parents/guardian/nearest relative,
LSWDO.
 In the absence of
parents/guardian/nearest relative &
LSWDO, investigation in the presence of
an NGO rep. Or faith-based group or a
member of the BCPC

11. HOW CICL’S STATEMENT
TAKEN
 Friendly & non-intimidating manner
 In a separate interview room
 To make child feel comfortable and
freely express himself
 Use of simple and understandable
language

12. Initial Investigation…
 Allow the LSWDO, or the persons taking
his/her place as above enumerated, to
actively assist in conducting the initial
investigation.
 Ensure privacy to avoid unnecessary
interruptions, distractions and/or
participation from non-parties that could
humiliate or make the child
uncomfortable.

13. Initial Investigation…
The written statement to be
prepared shall reflect the
language used by the child and
not the language used by the
law enforcement officer.

14. SIGNING OF STATEMENTS
 all statements signed or
thumbmarked by the child during
investigation
 shall be witnessed by the child’s
parents or guardian, the LSWDO, or if
not present, any other social worker,
or counsel in attendance, who shall
affix his/her signature to the said
statement.

15. After signing...
 Afterwards, refer the child who is
above fifteen (15) years of age but
below eighteen (18) years of age to
the LSWDO for an assessment if the
child acted with discernment

16. After signing…
 Transmit the following records of the
child to the LSWDO:
 Written statement of the child;
 Other pertinent records such as the
documents showing the basis for the
determination of the age of the child;
 Medical report if available; and
 All other records that may assist the
LSWDO in making an assessment if the
child acted with discernment.

17. DISCERNMENT
 By the LSWDO at initial investigation
by law enforcement
 By Court who shall make a final
determination
 To be proven by the prosecution

18. On Discernment…
 The LSWDO shall, as part of the initial
investigation, assess if the child acted with
discernment and make the necessary
recommendation to the law enforcement
officer on the basis of said assessment.
 The law enforcement officer shall consider
the assessment made by the LSWDO in
preparing the report of the initial
investigation and in deciding where to refer
the case of the child.

19. DETERMINATION OF AGE
 Presumption of Minority/ has rights of
CICL until proven 18 years old or older
 Birth certificate, baptismal certificate,
other pertinent documents (school
records)
 In the absence: Information from child,
physical appearance, testimonies of
other persons or other relevant evidence

20. REPORT ON INITIAL
INVESTIGATION
 Record the ff:
 Use of handcuffs, Instruments of
restraint / Notice to Parents, DSWD, PAO
/ Measures taken to determine age /
Ensure statements signed by child
witnessed by Parents, Guardian, Social
Worker, or Legal Counsel / Search on
child conducted by officer of same
gender

21. WHERE THE CASE SHALL BE
REFERRED
 The LSWDO for intervention
 if the child is Fifteen (15) years old or
below; or
 Above 15 but below 18 years of age and
acted without discernment.
 Diversion under the:
 Law enforcement officer
 LSWDO
 The prosecutor or judge

22. TURNOVER OF CUSTODY
 Within eight (8) hours from
apprehension
 Turn over the physical custody of the
child to the LSWDO
 even if all measures to determine the
age of the child has not been
exhausted
 even if the initial investigation has
not yet been terminated.

23. On Turnover…
 The LSWDO shall then explain to the
child and the child’s
parents/guardians the consequences
of the child’s act with a view towards
counseling and rehabilitation,
diversion from the criminal justice
system, and reparation, if appropriate

24. On Turnover…
 In the event a child whose custody is
turned over by the law enforcement
officer is fifteen (15) years old or below,
the LSWDO shall take all measures to
release the child to the parents or
guardians, or to any of the persons or
organizations and proceed with the
development of appropriate programs

25. PENDING TURNOVER OF
CUSTODY
 as in cases when the child is
apprehended at night time or during
weekends
 ensure that the child shall be
temporarily secured in an area
separate from that of the opposite
sex and adult offenders and not put
in the detention cell or jail

26. MAINTAIN CONFIDENTIALITY
AND PRIVACY
 Use a system of coding
 Maintain a separate logbook for CICL
 Exclude the public, particularly the
media, from the area where the child
is being held in custody
 Not provide any detail or information
to the public, particularly the media,
that shall lead to the identity of the
child;

27. On Confidentiality…
 Keep the results of the medical
examination confidential; and
 Mark the records of the child and the
report on the initial investigation as
confidential.

28. PROHIBITED ACTS WHEN IN
CUSTODY OF CHILD
 Detention
 Search by an officer of the opposite sex
 Contact with adult offenders and
offenders of opposite sex
 Vulgar language
 Display and use of instruments of force
or restraint
 Violence or unnecessary force

29. INTERVENTION PROGRAM
 A series of activities designed to
address issues that caused the child
to commit an offense
 The JJWC shall develop a 3 to 5-year
National Intervention Progra
 The LGUs shall develop a 3-year Local
Intervention Program

30. WHO SHALL UNDERGO
INTERVENTION?
 Children who are exempt from Criminal
Responsibility
 15 years old and below
 Above 15 but less than 18 yrs. old who acted
without discernment
 Those who committed status offenses
 Not exempt from civil liability which is
borne by parents

31. Procedure
 Below 15 taken into custody, Authority with
initial contact to a child below 15 years old
must immediately release him/her to
parents, BCPC, LSWDO
 With Notice to LSWDO to determine
appropriate programs with child, parents
if D-A-N (dysfunctional family, abandoned,
neglected),
 Child does not comply with intervention,
LSWDO files for Involuntary Commitment

32. DIVERSION
 An alternative, child-appropriate
process of determining the
responsibility and treatment of a CICL
 Based on his/her social, cultural,
economic, psychological or
educational background
 WITHOUT resorting to formal court
proceedings

33. WHO UNDERGOES DIVERSION?
 CICL above fifteen (15) years but
below eighteen (18) years of age who
acted with discernment
 Children who are 15 years old and
below who allegedly committed an
offense
 Diversion is the same a Tertiary
Intervention

34. VENUES OF DIVERSION
 Barangay, Police, Prosecutor Level
 If offense has imposable penalty of
not more than six (6) years of
imprisonment
 Court
 If the imposable penalty of more than
six (6) years of imprisonment

35. KATARUNGAN PAMBARANGAY
LEVEL
 Conducted by the Lupon
Tagapamayapa, chaired by the Punong
Barangay, with the assistance of the
members of the BCPC
 Punong Barangay shall conduct
mediation / family conferencing /
conciliation / adopt indigenous modes of
conflict resolution

36. Barangay Level…
 Absence of the offended party or his/her
disagreement in its conduct shall not
prevent the proceedings from being
conducted.
 The Punong Barangay shall, however,
endeavor to obtain the participation and
the consent of the offended party in the
formulation of the diversion program.

37. Barangay Level…
 Objectives: restorative justice /
formulation of a diversion program
 Child and his/her family shall be
present in the conduct of these
diversion proceedings
 Offended party may participate in the
diversion proceedings

38. Contract of Diversion
 Child voluntarily admits commission
of the act
 Victim and offender must both agree
to diversion

39. Diversion Program
 must be in writing signed by parties &
concerned authorities
 Local Social Welfare Officer
implements/supervises the Diversion
Program
 Diversion proceedings to be
completed in 45 days

40. On Diversion Program…
 Child must present himself/herself at
least once a month for reporting &
evaluation
 Failure to comply w/ the terms and
conditions of DP as certified by the
LSWDO, victim has the option to
institute appropriate legal action

41. Formulation of the Diversion
Program
 An individualized treatment
 Consider the following factors:
 Child’s feelings of remorse for the offense
he/she committed
 Parents’ or legal guardians’ ability to guide and
supervise the child
 Victim’s view about the propriety of the
measures to be imposed, and
 Availability of community-based programs for
rehabilitation and reintegration of the child

42. Kinds of Diversion Program
 Level of Punong Barangay
 Restitution of property
 Reparation of the damage caused
 Indemnification for consequential damages
 Written or oral apology
 Care, guidance and supervision
ordersCounseling for the CICL and the child’s
family
 Attendance in trainings, seminar and lectures
on: anger management skills, problem solving
and/or conflict resolution skills, values
formation, other skills in dealing w/ situations
which can lead to repetition

43. Barangay Level…
 Participation in available community-
based programs including community
service
 Participation in education, vocation and
life skills programs

44. LAW ENFORCEMENT &
PROSECUTION LEVEL
 Law Enforcement Officer &
Prosecutor:
 Diversion programs previously specified
 Confiscation and forfeiture of the
proceeds or instruments of the crime

45. COURT LEVEL
 Court
 Diversion programs previously specified
 Written or oral reprimand or citation
 Fine
 Payment of cost of the proceedings
 Institutional care and custody

46. Conditions for Diversion
 Children’s rights and legal safeguards
in general must always be fully
respected
 Victims and offenders must both
agree to diversion
 The case must be referred to a
normal court system if no solution
acceptable to all parties can be
reached

47. Potential Risks
 Risks are related to the child’s right to
due process and fair trial
 Child might be pressured into owning
up to the offense at the expense of
his/her right to remain silent

48. Benefits of Diversion
 CICL is able to avoid the stigma and
label associated with a criminal record
 Through diversion, a child may gain
insight into the consequences of
his/her actions and take responsibility
for them
 Diversion programs offer the youth
opportunities to develop important
social skills

49.  Families are able to strengthen
relationships with the youth through
improved communication skills
 Court system – reduced case loads and
increased efficiency and lowered costs
 Communities benefit as young people
understand their role in the community and
develop positive attitudes
 Many non-formal justice options are
cheaper than court procedures;
imprisonment is costly

50. PROSECUTION
 Specially Trained for Inquest,
preliminary investigation /
Prosecution / Notify PAO /
Clarificatory Questions Necessary /
Determine if CICL remains in custody
and Probable cause – file Information
with the FC within 45 days from start
of PI

51. Preliminary Investigation:
 Prosecutor Investigates Torture, ILL–
treatment
 Preliminary Investigation conducted:
If child does not qualify for diversion /
child parents do not agree to
Diversion / Prosecutor determines
Diversion not appropriate considering
assessment, recommendation of SW

52. COURT PROCEEDINGS
 Apply privileged mitigating
circumstance of Minority to fix,
Reduce Bail
 If child detained: ROR, Bail, Transfer
to Youth Home, Rehabilitation Center
/ Institutionalization Last Resort, for
Shortest Period / No detention of
child in jail pending trial

53. WHEN CICL FOUND GUILTY
 Determine Civil Liability
 Instead of pronouncing judgment of
conviction, automatic suspension of
sentence ‘ full credit of time in
detention, actual confinement / other
disposition measures under SC Rule
on JICL

54. DISCHARGE
 On recommendation of SW with
custody of Child,
 Court dismisses Case, Orders Final
Discharge of CICL if Objectives of
disposition measures fulfilled
 Discharge not affect civil liability
enforced in accordance with law

55. CONFIDENTIALITY OF
RECORDS, PROCEEDINGS
 Non-disclosure of records to media /
separate police blotter / coding to
conceal identity / non-use of records
in other proceedings except beneficial
to CICL with written consent / no
liability of child for perjury not
disclosing being CICL

56. Rehabilitation
 Community-based, Center-based
 Court Order, hearing required for
admission
 Gender Sensitivity Training for
Personnel

57.  Separate Facilities from Adults
 Competency, Life Skills Development /
socio-cultural, Recreational Activities /
Community Volunteer Projects /
Leadership Training
 Special Attention for female CICL (All-
Female Team) Separate from male
 Social, Home Life, Health Services /
Spiritual Enrichment / Community,
Family Welfare Services

58. Return to Court for Execution of
Judgment
 For failure to comply with disposition,
rehabilitation conditions
 CICL reached 18 under suspended
sentence: Court orders discharge,
execute sentence, extend rehabilitation
until maximum of 21 years old

59. CENTERS (24-HOUR GROUP
CARE)
 Youth Rehabilitation / Training Centers
(must have registers) – established by
DSWD
 Youth Detention Homes – by LGUs or
Licensed, Accredited NGOs
 Sharing of Costs (1/3 Municipal –
Provincial – National) For Care,
Maintenance of CICL

60. COMMUNITY-BASED PROGRAMS
(DIRECT SERVICE)
 Prevents Disruption of education,
separation of child from family
 Facilitates Rehabilitation and
Reintegration
 To minimize stigma to child
 Each LGU to establish program

61. AFTERCARE
 CICLs whose cases were dismissed
due to good behavior as
recommended by SW
 Discharge from rehabilitation center
 Provided aftercare for at least 6
months by LSWDO

62. JURISPRUDENCE
 Automatic Suspension of service of
sentence does not apply when
penalty is reclusion perpetua, life
imprisonment or death (Declarador
v. Hon. Gubaton, GR No. 159208, 18
Aug. 2006)

63.  Person whose penalty of death
reduced to Reclusion Perpetua under
RA 9346 is still liable for P75T civil
indemnity but is not Eligible for Parole
under the Indeterminate Sentence
Law (Pp. vs. Salome, G.R. No.
169077, 31 August 2006)

64. THANK YOU!