In General Art. Joint Parental Authority. In case of separation of his parents, no child under five years of age shall be separated from his mother unless the court finds compelling reasons to do so. Absence or Death of Parents.
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Short Title and Scope. Declaration of State Policy. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency.
Whenever appropriate and desirable, the State shall adopt measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care.
Liberal Construction of this Act. Definition of Terms. Bail may be given in the form of corporate security, property bond, cash deposit, or recognizance. It also means the least detrimental available alternative for safeguarding the growth and development of the child. It includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3 b of Rule of the Revised Rules of Criminal Procedure or summons under Section 6 a or Section 9 b of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody.
I "Intervention" refers to a series of activities which are designed to address issues that caused the child to commit an offense. It also enhances public safety by activating the offender, the victim and the community in prevention strategies.
These shall include curfew violations; truancy, parental disobedience and the like. Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them.
Rights of the Child in Conflict with the Law. In particular, a child deprived of liberty shall be separated from adult offenders at all times.
No child shall be detained together with adult offenders. Minimum Age of Criminal Responsibility. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.
The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. Determination ofAge. Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four 24 hours from receipt of the appropriate pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended. 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.
The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties and functions, as herein provided. All programs relating to juvenile justice and welfare shall be adopted in consultation with the JJWC; f To formulate and recommend policies and strategies in consultation with children for the prevention of juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of the children in conflict with the law; g To collect relevant information and conduct continuing research and support evaluations and studies on all matters relating to juvenile justice and welfare, such as but not limited to: 1 the performance and results achieved by juvenile intervention programs and by activities of the local government units and other government agencies; 2 the periodic trends, problems and causes of juvenile delinquency and crimes; and 3 the particular needs of children in conflict with the law in custody.
The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and welfare system.
The JJWC shall set up a mechanism to ensure that children are involved in research and policy development. Policies and Procedures on Juvenile Justice and Welfare. These policies and procedures shall be modified accordingly in consultation with the JJWC upon the completion of the national juvenile intervention program as provided under Section 9 d.
The CHR shall strengthen the monitoring of government compliance of all treaty obligations, including the timely and regular submission of reports before the treaty bodies, as well as the implementation and dissemination of recommendations and conclusions by government agencies as well as NGOs and civil society. The Family. The Educational System. Schools shall provide adequate, necessary and individualized educational schemes for children manifesting difficult behavior and children in conflict with the law.
In cases where children in conflict with the law are taken into custody or detained in rehabilitation centers, they should be provided the opportunity to continue learning under an alternative learning system with basic literacy program or non- formal education accreditation equivalency system. The Role of the Mass Media. Media practitioners shall, therefore, have the duty to maintain the highest critical and professional standards in reporting and covering cases of children in conflict with the law.
In all publicity concerning children, the best interest of the child should be the primordial and paramount concern. Membership in the LCPC shall be chosen from among the responsible members of the community, including a representative from the youth sector, as well as representatives from government and private agencies concerned with the welfare of children.
The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for the adoption of a comprehensive plan on delinquency prevention, and to oversee its proper implementation.
The Sangguniang Kabataan. Development of a Comprehensive Juvenile Intervention Program. The LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their annual budget. Such programs shall be implemented consistent with the national program formulated and designed by the JJWC. The implementation of the comprehensive juvenile intervention program shall be reviewed and assessed annually by the LGUs in coordination with the LCPC.
Results of the assessment shall be submitted by the provincial and city governments to the JJWC not later than March 30 of every year. Community-based Programs on Juvenile Justice and Welfare. 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.
These programs shall consist of three levels: a Primary intervention includes general measures to promote social justice and equal opportunity, which tackle perceived root causes of offending; b Secondary intervention includes measures to assist children at risk; and c Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending.
Children Below the Age of Criminal Responsibility. 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.
If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of Children BCPC ; a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No.
Procedure for Taking the Child into Custody. The examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever the medical treatment is required, steps shall be immediately undertaken to provide the same; k Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters separate from that of the opposite sex and adult offenders; l Record the following in the initial investigation: 1.
Whether handcuffs or other instruments of restraint were used, and if so, the reason for such; 2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the apprehension and the details thereof; and 3. A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell. Duties During Initial Investigation. After the initial investigation, the local social worker conducting the same may do either of the following: a Proceed in accordance with Section 20 if the child is fifteen 15 years or below or above fifteen 15 but below eighteen 18 years old, who acted without discernment; and b If the child is above fifteen 15 years old but below eighteen 18 and who acted with discernment, proceed to diversion under the following chapter.
System of Diversion. Stages Where Diversion May be Conducted. Conferencing, Mediation and Conciliation. A contract of diversion may be entered into during such conferencing, mediation or conciliation proceedings.
Contract of Diversion. Such admission shall not be used against the child in any subsequent judicial, quasi-judicial or administrative proceedings.
The diversion program shall be effective and binding if accepted by the parties concerned. The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities.
The local social welfare and development officer shall supervise the implementation of the diversion program. The diversion proceedings shall be completed within forty-five 45 days. The period of prescription of the offense shall be suspended until the completion of the diversion proceedings but not to exceed forty-five 45 days. Failure to comply with the terms and conditions of the contract of diversion, as certified by the local social welfare and development officer, shall give the offended party the option to institute the appropriate legal action.
The period of prescription of the offense shall be suspended during the effectivity of the diversion program, but not exceeding a period of two 2 years. Upon the issuance of the corresponding document, certifying to the fact that no agreement has been reached by the parties, the case shall be filed according to the regular process.
Factors in Determining Diversion Program. Formulation of the Diversion Program. Kinds of Diversion Programs. If there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or detention, it shall be the duty of the prosecutor to investigate the same. Preliminary Investigation and Filing of Information. Upon determination of probable cause by the prosecutor, the information against the child shall be filed before the Family Court within forty-five 45 days from the start of the preliminary investigation.
Release on Recognizance. Detention of the Child Pending Trial. In all other cases and whenever possible, detention pending trial may be replaced by alternative measures, such as close supervision, intensive care or placement with a family or in an educational setting or home. Institutionalization or detention of the child pending trial shall be used only as a measure of last resort and for the shortest possible period of time. Whenever detention is necessary, a child will always be detained in youth detention homes established by local governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where the child resides.
In the absence of a youth detention home, the child in conflict with the law may be committed to the care of the DSWD or a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the court. Diversion Measures. Automatic Suspension of Sentence. 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.
Discharge of the Child in Conflict with the Law. 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. Return of the Child in Conflict with the Law to Court. If said child in conflict with the law has reached eighteen 18 years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one 21 years.
Credit in Service of Sentence. Probation as an Alternative to Imprisonment.
THE CHILD AND YOUTH WELFARE CODE
Declaration of Policy. Every effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy life. The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to the utmost insofar as they do not conflict with the general welfare. The molding of the character of the child starts at the home. Attachment to the home and strong family ties should be encouraged but not to the extent of making the home isolated and exclusive and unconcerned with the interests of the community and the country. The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and support of the government.
Si pangulong Ferdinand Marcos ang gumawa ng batas na ito. Isinaad sa batas na ito na ang bawat bata ay dapat pahalagahan ng lahat ng mamamayan. Ang pamilya ang pangunahing naghuhulma ng kanyang pagkatao at kaisipan sa tulong ng pamahalaan. Ang tulong ng pamahalaan ay sa pamamagitan ng mga institusyon tulad ng mga paaralan, ang simbahan at ang pamayanan. Sa batas rin na ito makikita ang karapatan ng bawat bata na dapat ipatupad sa mga wala pang 21 na taong gulang.
General Duties. Family Affairs. Child Living Away from Home. Special Talents.