DESCRIPTION
2006, Enactment of the Juvenile Justice and Welfare Act:
Republic Act No. 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006 is a landmark child protection law that seeks to remedy the significant problems of the plight of CICL in the Philippines.
It established a comprehensive and child-sensitive justice system where children can be held accountable using procedures that avoid their incarceration and emphasized prevention and rehabilitation so that there is a lesser risk of re-offending.
In 2013, R.A. 9344 was amended by R.A. 10630 in 2013, to strengthen the Juvenile Justice and Welfare System and to ensure that the law is effectively and fully implemented.
UNDER THIS LAW
the victim of the offense committed by a child and the victim’s family shall be provided the appropriate assistance and psychological intervention
by the Local Social Welfare and Development Office, the Department of Social Welfare and Development, and other concerned agencies.
Rights of the Children In Conflict with the Law (CICL) under R.A. 9344:
Section 5:
4. (d) the right to be treated with humanity and respect for the inherent dignity of the person, and in a manner that takes into account the needs of a person of his/her age.
5. (e) to prompt access to legal and other appropriate assistance;
6. (f) to bail and recognizance, in appropriate cases;
7. (g) to testify as a witness in hid/her own behalf under the rule on examination of a child witness;
8. (h) to have his/her privacy respected fully at all stages of the proceedings;
9. (i) to diversion if he/she is qualified and voluntarily avails of the same;
10. (j) 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;
11. (k) to have restrictions on his/her personal liberty limited to the minimum, and impose fines instead of imprisonment if the imposable penalty is fine or imprisonment;
12. (l) in general, the right to automatic suspension of sentence;
13. (m) to probation as an alternative to imprisonment, if qualified under the Probation Law.
Restorative Justice is the process of resolving conflicts with the maximum involvement of the victim, the offender, their families, and the community.
It seeks to achieve:
- reparation for the victim
- reconciliation of the offender the offended, and the community
- reassurance to the offender that he or she can be reintegrated into society
- enhancement of public safety by activating the offender, the victim, and the community in prevention strategies and programs