RA 9344

Question 1

Republic Act No. 9344

Answer 1

Juvenile Justice and Welfare Act of 2006

Question 2

Bail

Answer 2

Security given for the release of the person in custody of the law, furnished by him/her or a bondsman to guarantee his/her appearance before any court.

Question 3

Best Interest of the Child

Answer 3

Totality of circumstances and conditions which are most congenial to the survival, protection, and feelings of security of the child and most encouraging to the development of the child.

Question 4

Child at Risk

Answer 4

A child who is vulnerable to and at the risk of committing criminal offense because of personal, family, and social circumstances

Question 5

Circumstances of children at risk

Answer 5

• being abused
• exploited
• abandoned/neglected
• from a dysfunctional or broken family
• being out of school
• a streetchild
• member of a gang
• living in a community with high levels of criminality and drug abused
• situations w/ armed conflict

Question 6

Children In Conflict With The Law

Answer 6

A child who is alleged as, accused of, or adjudged as, having committed an offense under PH laws.

Question 7

Diversion

Answer 7

Alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her cultural, social, economic, psychological or educational background w/o resulting to formal court proceedings.

Question 8

Intervention

Answer 8

Series of activities which are designed to address issued that caused the child to commit an offense. It may include counseling, skills training, education, etc.

Question 9

Restorative Justice

Answer 9

Principle which requires a process of resolving conflicts with the maximum involvement of the victim, offbder and the community. It seeks to obtain reparation for the victim, reconciliation of the offender, the offended, and the community

Question 10

Intervention program

Answer 10

A child 15 or under at the time of offense shall be exempt from Crim liability but subject to this program.

Question 11

Diversion program

Answer 11

A child 15 but under 18 shall be exempt from CL and shall be subject to intervention UNLESS he acted w/ discernment wherein he shall undergo diversion

Question 12

If the imposable penalty is not more than 6 years and there is a victim of the crime

Answer 12

Diversion shall be before the law enforcement officer or Punong Barangay and shall be in the form of mediation, fam conferencing and conciliation

Question 13

If the imposable penalty is not more than 6 years but crime is victimless

Answer 13

Diversion shall be conducted by SWDO w/ child and his parents

Question 14

Detention/Institutionaliztion

Answer 14

Measure of last resort and only for the shortest possible period of time.

Question 15

If child has reached 18 under suspended sentence, court can:

Answer 15

• discharge the child
• order execution of sentence
• extended the suspended sentence for a period/until 21 yeats

Question 16

Offenses not applicable to persons below 18

Answer 16

Vagrancy and prostitution
Mendicancy
Snifling Rugby

Question 17

Rights of Children in Conflict with Law

Answer 17

• not to be subject to torture
• not to be imposed a sentence of capital punishment
• not to be deprived unlawfully of his liberty
• to be treated w humanity
• access to assistance
• respect privacy
• imposed a judgment in proportion to the gravity of offense

Question 18

Levels of the Intervention program

Answer 18

1. Primary - general measures to promote social justice & equal opportunity, tackle root causes of offenses.
2. Secondary - measures to assist Children at risk
3. Tertiary - measures to avoid unnecessary contact w formal justice system & prevent reoffending

Question 19

Treatment of Children below 15

Answer 19

• Authority has the duty to immediately release the child to the custody of parents/guardian.
• Authority shall notice to the local SWDO who will determine app programs for child.
• If parents cant b located/refuse, custody can be taken by NGO
• If child referred is abandoned/neglected, petition for involuntary commitment

Question 20

Procedure for taking child into Custody

Answer 20

1. LEO shall explain to child offense & reason for custody.
2. After 8 hrs of apprehension, custody is turned over to SWDO/NGO and will explain to child/parents consequences.
3. Physical and mental exam
4. Child secured in quarters separate w opposite sex & adult offenders

Question 21

Contract of Diversion

Answer 21

• Conferencing, mediation, conciliation proceedings

- Completed within 45 days

Question 22

Duty of Punong Barangay when There is No Diversion

Answer 22

PB handling the case shall within 3 days from determination of absence of jurisdiction over case forward the records to the law enforcement officer, prosecutor, or appropriate court.

Question 23

Duty of LEO when there is no Diversion

Answer 23

Shall forward to prosecutor/jusge concerned for the conduct of PI to determine whether or not the child should remain under custody and correspondingly cuarged with the court.

Question 24

Factors used in formulating diversion program for child

Answer 24

1. Child’s feelings of remorse for the offense
2. Parents of legal guardians ability to supervise or guide the child
3. The victim’s view ahout the propriety of the measures to be imposed
4. Availability of community-based programs