JUVENILE JUSTICE AND WELFARE COUNCIL

56 Matimtiman St., Teachers Village East, 3 Quezon City

COUNCIL RESOLUTION NO. 2

Series of 2014

SUBJECT: Revised Rules and Regulations Implementing Republic Act

No. 9344, as amended by R.A. 10630

The Juvenile Justice and Welfare Council, pursuant to Section 69 of Republic

Act No. 9344, the Juvenile Justice and Welfare Act of 2006 and Section 14 of
Republic Act 10630 or “An Act Strengthening The Juvenile Justice System in
the Philippines, Amending for the Purpose Republic Act No. 9344,”
promulgates the following implementing rules and regulations:

PART I. GENERAL PROVISIONS

RULE 1. Title

These Rules shall be known and cited as the “Revised Rules and Regulations
Implementing Republic Act No. 9344, as amended by R.A. 10630” (the
“Rules”). These Rules are promulgated to prescribe the procedures and
guidelines for the implementation of the Act.

RULE 2. Definition of Terms

As used in these Rules, the term/s:

(1) “Act” refers to Republic Act No. 9344, as amended by Republic Act No.
10630.

(2) “Bahay Pag-asa” – refers to a 24-hour child-caring institution established,

funded and managed by local government units (LGUs) and licensed
and/or accredited non-government organizations (NGOs), providing short-
term residential care for children in conflict with the law, who are above
fifteen (15) but below eighteen (18) years of age, and who are awaiting
court disposition of their cases or transfer to other agencies or jurisdiction.

Part of the features of a “Bahay Pag-asa” is an Intensive Juvenile Intervention

and Support Center. This will cater to children in conflict with the law in
accordance with Sections 20, 20-A and 20-B of the Act.

A Multi-Disciplinary Team (MDT) composed of a Social Worker, a

psychologist/mental health professional, a medical doctor, an
educational/guidance counselor and a member of the Barangay Council for

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 the Protection of Children (BCPC), shall operate the “Bahay Pag-asa.” The
MDT will work on the individualized intervention plan with the child and
the child’s family.

(3) “Bail” refers to the security given for the release of the person in custody of
the law, furnished by a bondsman or a bonding company, to guarantee the
appearance of the person before any Court.

(4) “Best interest of the child” refers to the totality of circumstances and
conditions that are most beneficial for the survival, protection and feelings
of security of the child, and most likely to promote the child’s physical,
psychological and emotional development. It also means the least
detrimental available alternative for safeguarding the growth and
development of the child.

(5) “Child” refers to a person under the age of eighteen (18) years.

(6) “Child who is above twelve (12) years of age” refers to a child who is at
least twelve (12) years and one (1) day old.

(7) “Child who is above fifteen (15) years of age” refers to a child who is at
least fifteen (15) years and one (1) day old.

(8) “Children-at-risk” or “CAR” refers to children who are vulnerable or at-risk

of behaving in a way that can harm themselves or others, or vulnerable and
at risk of being pushed and exploited to come into conflict with the law
because of personal, family and social circumstances, such as, but not
limited to, the following:

a. being abused by any person through sexual, physical, psychological,

mental, economic or any other means, and the parents or guardians
refuse, are unwilling, or unable to provide protection for the child;

b. being exploited sexually or economically;

c. being abandoned or neglected, and after diligent search and inquiry, the
parents or guardians cannot be found;

d. coming from a dysfunctional or broken family or being without a parent

or guardian;

e. being out of school;

f. being a street child;

g. being a member of a gang;

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 h. living in a community with a high level of criminality or drug abuse; and

i. living in situations of armed conflict.

Children-at-Risk also includes those children who violate the ordinances

enacted by local governments, concerning juvenile status offenses
enumerated in Section 57-A of the Act, such as, but not limited to, curfew
violations, truancy, parental disobedience, anti-smoking and anti-drinking
laws, as well as light offenses and misdemeanors against public order or
safety such as, but not limited to, disorderly conduct, public scandal,
harassment, drunkenness, public intoxication, criminal nuisance,
vandalism, gambling, mendicancy, littering, public urination, and
trespassing. The enactment of ordinances providing for juvenile status
offenses by local government units (LGUs) shall primarily promote greater
protection for children, by identifying children-at-risk, and not for purposes
of employing enforcement or punitive action.

Children-at-Risk also includes those who commit any of the following:

(1) Status offenses under Section 57 of the Act;

(2) Prostitution under Section 202 of the Revised Penal Code, as amended;

(3) Mendicancy under Presidential Decree No. 1563; and

(4) Sniffing of rugby under Presidential Decree No. 1619.

The JJWC shall, from time to time, issue resolutions identifying other
offenses for which a child shall be considered as a child-at-risk and not a
child in conflict with the law.

(9) “Child in conflict with the law” or “CICL” refers to a child who is alleged
as, accused of, or adjudged as, having committed an offense under
Philippine laws.

(10) “Community-based programs” refers to the programs provided in a

community setting, developed for purposes of intervention, diversion, and
rehabilitation of the child in conflict with the law, which are intended for
the purpose of reintegrating the child into the family and/or community.

(11) “Court” refers to a Family Court, or in places where there are no Family
Courts, any Regional Trial Court.

(12) “Deprivation of liberty” refers to any form of detention or imprisonment,

or to the placement of a child in conflict with the law in a public or private
custodial setting, from which the child in conflict with the law is not

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 permitted to leave at will, by order of any judicial or administrative
authority.

(13) “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 the child’s social, cultural, economic, psychological or
educational background, without resorting to formal court proceedings

(14) “Diversion Program” refers to the program that the child in conflict with
the law is required to undergo after being found responsible for an offense,
without resorting to formal court proceedings.

(15) “Duty-bearer” shall refer to persons who are responsible for providing
care, addressing the needs and protecting the rights of a child within the
juvenile justice and welfare system.

(16) “Initial contact with the child” refers to the apprehension or taking into
custody of a child in conflict with the law by law enforcement officers or
private citizens. It includes the time when the child alleged to be in conflict
with the law receives a subpoena under Section 3(b) of Rule 112 of the
0000.0Re0v0ised 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.

(17) “Intensive Juvenile Intervention and Support Center” or “IJISC” refers to

a special program or unit within the “Bahay Pag-asa” or any child-caring
facility of the DSWD or licensed and accredited NGOs, to address the
needs of the CICL for intensive intervention programs and services.

(18) “Intervention” generally refers to programmatic approaches or systematic

social protection programs for children that are designed and intended to: a.
Promote the physical and social well-being of the children; b. Avert or
prevent juvenile delinquency from occurring; and c. Stop or prevent
children from re-offending.

(19) “Juvenile Justice and Welfare System” refers to a system of 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, reintegration and after-care to ensure the child’s
normal growth and development.

(20) “Offense” refers to any act or omission punishable under special penal
laws or the Revised Penal Code. For purposes of providing appropriate

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 services for children, the term ‘offense’ shall include violations of
ordinances of local government units.

(21) “Probation” refers to a disposition under which a defendant, after

conviction and sentence, is released, subject to the conditions imposed by
the Court and the person is placed under the supervision of a probation
officer.

(22) “Recognizance” refers to an undertaking, in lieu of a bail bond, assumed

by a parent or custodian, who shall be responsible for ensuring the
appearance in Court of the child in conflict with the law, whenever
required.

(23) “Referral” shall refer to a process where a duty-bearer, within the juvenile
justice and welfare system, endorses the CICL to the appropriate service
provider for appropriate care or intervention. ‘Referral’ includes the
endorsement of the victim for appropriate assistance and intervention.

(24) “Victimless Crimes” refers to offenses where there is no private offended

party.

RULE 3. Construction

In case of doubt, the provisions of the Act and these Rules shall be construed
liberally in favor of the child in conflict with the law. A liberal construction in
favor of the child means that the interpretation is consistent with the principle of
the best interest and welfare of the child, the declared State Policy embodied in
Section 2 of the Act, the rights of the child in conflict with the law, and the
principles of restorative justice.

RULE 4. Declaration of State Policies

The following State policies shall be observed at all times:

(1) The State recognizes the vital role of children and youth in nation-building
and shall promote and protect their physical, moral, spiritual, intellectual
and social well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic affairs.

(2) The State shall protect the best interests of the child, through measures that
will ensure the observance of international standards of child protection,
especially those to which the Philippines is a Party. The conduct of all
proceedings before any authority shall be consistent with the best interest
of the child, and shall allow the child to participate and to express himself
or herself freely. The concerned government agency shall ensure the

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 participation of children in the program, policy formulation and
implementation related to juvenile justice and welfare.

(3) The State likewise recognizes the right of children to assistance, including
proper care and nutrition, and special protection from all forms of neglect,
abuse, cruelty and exploitation, and other conditions prejudicial to their
normal development.

(4) Pursuant to Article 40 of the United Nations Convention on the Rights of the
Child, the State recognizes the right of every child alleged as, accused of,
adjudged, or recognized as having infringed the penal law to be treated in a
manner consistent with the promotion of the child’s sense of dignity and
worth, taking into account the child’s age and desirability of promoting the
child’s reintegration. Whenever appropriate and desirable, the State shall
adopt measures for dealing with such children without resorting to judicial
proceedings, and guarantee 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.

5) The administration of the juvenile justice and welfare system shall take into
consideration the cultural and religious perspectives of the Filipino people,
particularly the indigenous peoples and the Muslims, consistent with the
protection of the rights of children belonging to these communities.

(6) The State shall apply and operationalize the principles of restorative justice
in all its laws, policies and programs applicable to children in conflict with
the law.

(7) Institutionalizing a child is a measure of last resort. It is only allowed if it is

for the best interest of the child, and should only be done for the shortest
possible period of time.

(8) The “Bahay Pag-Asa” or Youth Rehabilitation Centers shall always be

gender sensitive and child-friendly in its design, space and programs.

RULE 5. Application of the Principle of Restorative Justice

In repairing the harm done by a CICL, the agencies shall exert all efforts to
apply the Principle of Restorative Justice. Restorative justice refers to a
principle that requires a process of resolving conflicts with the maximum
involvement of the victim, the offender, their families and the community.
Among others, it seeks to achieve the following goals:

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(1) Reparation for the victim;

(2) Reconciliation of the offender, the offended and the community;

(3) Reassurance to the offender that he or she can be reintegrated into society;
and

(4) Enhancement of public safety by activating the offender, the victim and the
community in prevention strategies and programs.

Implementers and duty-bearers shall ensure that the victims and their families
are properly cared for and their needs are properly addressed. The assistance
shall not be limited to legal assistance and psycho-social intervention by the
appropriate agencies.

The JJWC, through the concerned agencies, shall issue the appropriate
guidelines for the provision of assistance and intervention to victims and their
families, as well as for their proper referral.

RULE 6. Children of Indigenous Cultural Communities/Indigenous

Peoples (ICCs/IPs)

Consistent with Section 15 of Republic Act No. 8371, or “The Indigenous

Peoples’ Rights Act of 1997,” ICCs/IPs shall, in dealing with children in
conflict with the law, have the right to use their own commonly-accepted justice
systems, conflict resolution institutions, peace-building processes or
mechanisms, and other customary laws and practices, within their respective
communities, as may be compatible with the national legal system and with
internationally-recognized human rights.

RULE 7. CONFIDENTIALITY AND PRIVACY

Rule 7.a. Right to Confidentiality and Privacy

The right to privacy of a child in conflict with the law shall be respected
at all stages of the proceedings. As such, all records and proceedings
involving children in conflict with the law, from initial contact until the
final disposition of the case, shall be considered privileged and
confidential.

The public shall be excluded during the proceedings, and the records shall
not be disclosed directly or indirectly to anyone, by any of the parties or
the participants in the proceedings, for any purpose whatsoever, except to
determine the application of a suspended sentence, the grant of probation
under the Probation Law, or to enforce the civil liability imposed in the
criminal action.
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All concerned duty-bearers shall undertake all measures to protect the
identity of the child, and to uphold the confidentiality of the proceedings,
including non-disclosure of the 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. Records of a child in conflict with
the law shall not be used in subsequent proceedings for cases involving
the same offender as an adult, except when beneficial to the offender and
upon the offender’s written consent.

All duty-bearers shall enjoin the media practitioners to observe the

guidelines and protocols related to reporting and coverage of cases
involving children, particularly the Guide for Media Practitioners on the
Reporting and Coverage of Case Involving Children, as promulgated by
the Committee for the Special Protection of Children.

Rule 7.b. Medical Examination Results

The results of the medical examination of the child in conflict with the
law taken prior, or during the trial, shall be kept confidential, unless
otherwise ordered by the Family Court.

Rule 7.c. When Records May be Disclosed

The disclosure of confidential records may only be done upon Order of

the Court. The records of the child in conflict with the law may only be
disclosed to persons specifically enumerated in the Order of the Court
permitting such disclosure, and subject to such conditions as the Court
may impose.

Rule 7.d. Use of Records in Subsequent Proceedings

As provided in Section 43 of the Act, the records of a child in conflict

with the law shall not be used in subsequent proceedings, whether
criminal, civil or administrative, for cases involving the same offender as
an adult, except when beneficial to the offender and upon the offender’s
written consent.

Rule 7.e. Exemption from Perjury and Liability for Concealment or

Misrepresentation

A person who has been in conflict with the law as a child shall not be
held, under any provision of law, to be guilty of perjury or of
concealment or misrepresentation by reason of failure to acknowledge the
case, or recite any fact related thereto, in response to any inquiry directed

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 to the person for any purpose, pursuant to Section 43 of the Act. No
person shall also be denied privileges and opportunities, discriminated
against, punished or in any manner held liable or responsible for non-
disclosure of any fact relating to their record as a child in conflict with the
law.

PART II. RIGHTS OF A CHILD IN CONFLICT WITH THE LAW

Rule 8. Rights of the Child in Conflict with the Law

Every child in conflict with the law shall have the following rights, including
but not limited to:

(a) The right not to be subjected to torture or other cruel, inhuman or degrading
treatment or punishment;

(b) The right not to be imposed upon a sentence of capital punishment or life
imprisonment, without the possibility of release;

(c) The right not to be deprived, unlawfully or arbitrarily of his or her liberty;
detention or imprisonment being a disposition of last resort, and which
shall be for the shortest appropriate period of time;

(d) The right to be treated with humanity and respect for the inherent dignity of
the person, and in a manner which takes into account the needs of a person
appropriate to their age. 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. The CICL shall be conveyed separately to or
from court. The CICL shall await hearing of his or her own case in a
separate holding area. A child in conflict with the law shall have the right
to maintain contact with his or 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 liberty before a
Court or other competent, independent and impartial authority, and the
right to a prompt decision in such action;

(f) The right to bail and recognizance, in appropriate cases;

(g) The right to testify as a witness for his or her own behalf, under the Supreme
Court Rule on the Examination of a Child Witness;

(h) The right to privacy to be fully respected and protected at all stages of the
proceedings;

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(i) The right to diversion, if the child is qualified and voluntarily avails of the
same;

(j) The right to receive judgment, where the penalty is proportionate to the
gravity of the offense, and where the CICL’s best interest, the rights of the
victim and the needs of society, are all taken into consideration by the
Court, consistent with the principle of restorative justice;

(k) The right to have restrictions on personal liberty limited to a minimum, and
where discretion is given by law to the Judge to determine whether to
impose a fine or a term of imprisonment, the imposition of a fine shall be
preferred as the more appropriate penalty;

(l) 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

(o) Other rights, as provided for under existing laws, rules and regulations. The
State further adopts the provisions of the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice or the "Beijing
Rules," the United Nations Guidelines for the Prevention of Juvenile
Delinquency or the "Riyadh Guidelines," and the United Nations Rules for
the Protection of Juveniles Deprived of Liberty. These rights of children in
conflict with the law shall serve as guiding principles in the administration
of the Juvenile Justice and Welfare System.

PART III. JUVENILE JUSTICE AND WELFARE COUNCIL

RULE 9. Composition of the Council

Rule 9.a. Chair and Member Agencies

Pursuant to Section 8 of the Act, the Juvenile Justice and Welfare Council
(JJWC) is created as an attached agency of the Department of Social
Welfare and Development (DSWD). It is chaired by the Undersecretary
of the Department of Social Welfare and Development and shall be
composed of representatives whose ranks shall not be lower than a
Director from the following departments or agencies:

(a) Department of Justice (DOJ);

(b) Department of Education (DepEd);

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 (c) Department of the Interior and Local Government (DILG);

(d) Council for the Welfare of Children (CWC);

(e) Commission on Human Rights (CHR);

(f) National Youth Commission (NYC);

(g) Department of Health (DOH);

(h) One (1) representative each from the League of Provinces of

the Philippines, League of Cities of the Philippines, League of
Municipalities of the Philippines and Liga ng mga Barangay;
and

(i) Two (2) representatives from non-government organizations

(NGOs), to be designated by the Secretary of Social Welfare
and Development.

Rule 9.b. Emoluments

The designated representatives shall receive emoluments, as may be

determined by the Council, in accordance with existing laws, Civil
Service rules and applicable regulations on government budgeting and
accounting.

RULE 10. Administration

Rule 10.a. Responsibilities of the JJWC Chairperson The Chairperson

shall:

(1) Oversee the operation of JJWC and ensure that it is managed

effectively, efficiently and economically;

(2) Call and preside over all regular and special meetings of the JJWC,
represent the JJWC in conferences, meetings and other programs and
sign communications for the JJWC;

(3) Provide general guidance to the National Secretariat of the JJWC and
the RJJWC Secretariat;

(4) Require the JJWC and its member agencies to submit periodic reports,
such as those reflecting the progress of its programs and projects;

(5) Ensure policy and program coordination between the DSWD and the
JJWC; and

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(6) Perform such other functions which the Council may deem necessary
to implement the objectives of the Act, as amended, and these Rules.
22

Rule 10.b. Creation and Composition of the JJWC National Secretariat

The JJWC National Secretariat shall be composed of an Executive

Director, a Deputy Executive Director and four (4) Division Chiefs
who shall lead the following divisions, namely: Policy and Research;
Advocacy and Communications; National Coordination, Monitoring
and Information Management to include coordination with the
RJJWC Secretariat; and Finance and Administration.

Rule 10.c. Functions of the JJWC National Secretariat

The Secretary of Social Welfare and Development shall appoint the

officers and staff of the JJWC National Secretariat; provided, that
the existing officers and staff of the JJWC shall be given the option
to remain with the National Secretariat created by the JJWC without
diminution in status, position, rank and without incurring any gap in
their length of service. The JJWC National Secretariat shall:

(1) Support the JJWC in performing its mandate, duties and functions
pursuant to the provisions of the Act and these Rules;

(2) Provide key technical support in the formulation of policies and

strategies for the prevention of juvenile delinquency and the
administration of justice, as well as, for the treatment and
rehabilitation of children in conflict with the law and for children-
at40 risk;

(3) Provide technical assistance in the formulation of agency plans,

policies, research agenda and programs on juvenile justice and
welfare;

(4) Conduct research and support evaluations and studies on all matters
relating to juvenile justice and welfare;

(5) Undertake advocacy and social marketing activities to educate and

raise the awareness and understanding of all the stakeholders, duty-
bearers and the general public on program and policy reforms, global
best practices, trends and directions in juvenile justice and welfare;

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 (6) Develop, implement and maintain a centralized database system on
juvenile justice and welfare and to provide technical support to the
regional and local users of the system;

(7) Provide technical assistance and support in the area of policy and
program development, monitoring, capacity-building,
communications and advocacy at the regional level and at the level
of the LGUs;

(8) Prepare and implement an effective financial plan to support JJWC’s

programs, activities and projects aimed at achieving the objectives of
the Act, as amended, these Rules, and its desired outcome and
mandate;

(9) Provide administrative and logistical support to the JJWC and the
RJJWC;

(10) Prepare the financial and procurement plans, and monitor its
implementation;

(11) Facilitate and prepare all disbursement, liquidation and accounting

reports;

(12) Prepare the Periodic and Annual Reports for the JJWC;

(13) Prepare the Work and Financial Plan (WFP) of the JJWC

(14) Review, evaluate and integrate the WFP of the RJJWC, prior to
approval of the JJWC WFP by the Chairperson;

(15) Perform other functions and tasks, as may be determined by the

JJWC.

RULE 11. Duties and Functions of the JJWC

The JJWC is a policy-making, coordinating and monitoring body tasked with

the implementation of the Juvenile Justice and Welfare Act, as amended,
through its member and coordinating agencies.

Rule 11.a. Implementation of the Act The JJWC shall:

(1) Oversee and drive the implementation of the Act and these
Rules;

(2) Coordinate the implementation of the juvenile intervention

programs and activities by national government agencies and

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 other partner agencies, which support and promote the success
of the entire national juvenile intervention program. All
programs relating to juvenile justice and welfare shall be
adopted in consultation with the member agencies of the
JJWC; and

(3) Consult with the various leagues of local government officials

in the recommendation, formulation and implementation of
policies and strategies for the prevention of juvenile
delinquency, the promotion of juvenile justice and welfare,
and the institutionalization of the principles of restorative
justice. The JJWC shall also perform such other functions, as
may be necessary, beneficial and desirable to implement the
provisions of the Act, as amended. The JJWC shall regularly
conduct meetings and submit an Annual Report to the
President and to Congress on the implementation of the Act.
The Annual Report shall reflect the salient accomplishments
in the implementation of the law and shall include, among
others:

(1) Identification of the strengths, weaknesses, gaps and

opportunities in the implementation of the Act;

(2) Pertinent data and statistics on CICLs, CAR, inventory of

interventions provided, trends and other similar information;

(3) Evaluation of the policies and programs implemented by the

national government agencies, local government units and
partner NGOs, in relation to their duties and responsibilities
under the Act;

(4) Recommendations on how to improve the implementation of

the Act, and the administration of the juvenile justice and
welfare system; and

(5) Such other information as may be required. The JJWC shall

prescribe a common Reporting Form for all the member
agencies under RULE 9, to facilitate the collection of data and
the preparation of the Annual Report.

Rule 11.b. Advisory Function

The JJWC shall advise the President on all matters and policies relating
to juvenile justice and welfare. It shall bring to the attention of the
President the gaps in existing policies or other policy measures that

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should be addressed. Whenever appropriate, the JJWC shall recommend
to Congress the appropriate remedial legislation in regard to juvenile
justice and welfare administration, juvenile intervention, delinquency
prevention, and the mainstreaming and institutionalization of the
principles of restorative justice.

Rule 11.c. Policy Formulation and Program Development

The JJWC shall periodically develop, update and enhance a three to five-
year Comprehensive National Juvenile Intervention Program, as provided
in RULE 22 herein. It shall formulate and recommend policies and
strategies, in consultation with children and other stakeholders for the
prevention of juvenile delinquency and the administration of restorative
justice, as well as for the treatment and rehabilitation of the children in
conflict with the law. The JJWC shall also set the criteria that LGUs must
meet in establishing their respective community-based programs for the
rehabilitation and reintegration of children in conflict with the law and
such appropriate interventions for children-at-risk.

Rule 11.d. Research, Monitoring and Evaluation

The JJWC shall 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 the:

(1) Performance, effective performance metrics and results

achieved by juvenile intervention programs and by activities
of the local government units and other government agencies;

(2) Periodic trends, problems and causes of juvenile delinquency

and crimes; and

(3) Particular needs of children-at-risk and children in conflict with

the law who are in custody. The JJWC shall set up a
mechanism to ensure that children are engaged and involved
in research and policy development. A data banking system
for all data needed in the evaluation and improvement of the
administration of juvenile justice and welfare system shall be
developed and maintained by the JJWC. The data gathered
shall be used by the JJWC in the improvement of the
administration of juvenile justice and welfare system.

Rule 11.e. Inspection

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The JJWC, through its member agencies, shall conduct regular
inspections of jails, detention centers, youth homes that house or hold
CICL, child-caring institutions and all other institutions that provide
temporary care including, but not limited to “Bahay Pag5 asa” and youth
rehabilitation facilities. It shall also undertake spot inspections, on its
own initiative, in order to check compliance with the standards provided
in the Act and the Rules, and to make the necessary recommendations
and initiate proper actions, in coordination with, and through, the
appropriate agencies.

Rule 11.f. Assistance to Other Government Agencies

The JJWC, through its member agencies, shall, pursuant to Section of the
Act, assist other government agencies in:

(1) Reviewing and enhancing existing policies or regulations in

order to harmonize them with the provisions of the Act and
the Rules; and

(2) Formulating and implementing their respective policies,

programs and procedures, which comply and are consistent
with the standards set in the Act and the Rules. The JJWC
shall also initiate and coordinate the conduct of trainings for
the officials and personnel of the agencies that are involved in
the administration of the juvenile justice and welfare system.

Rule 11.g. Coordination with the Court

To ensure the realization of its mandate and the proper discharge of its
duties and functions, the JJWC shall coordinate with the Office of the
Court Administrator (OCA), and request cooperation through the
submission of periodic reports on information related to CICL cases
being handled by the Courts. The Philippine Judicial Academy (PhilJA)
may, upon invitation, send resource persons during the consultations,
meetings and other related activities.

Rule 11.h. Coordination with NGOs

The JJWC, through the NGO members of the Council, shall coordinate
with other NGOs working with CARs and CICLs for the proper
implementation and the achievement of the objectives of the Act and
these Rules.

Rule 11.i. Maintenance of a Centralized Information Management System

on CICL and CAR

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 The JJWC, in coordination with its member and coordinating agencies,
and other government instrumentalities, shall establish a centralized
information management system on CICL and CAR. The system shall
include information on the children who undergo intervention, diversion
and rehabilitation programs and after-care support services. Any
information identifying the CICL shall not be shared or transferred,
unless the identifying information is necessary for referral or for purposes
of enabling the child to avail of the services or assistance and the
appropriate consent is given.

PART IV. REGIONAL JUVENILE JUSTICE AND WELFARE

COMMITTEE

RULE 12. Composition of RJJWC

Rule 12.a. Composition

The RJJWC will be composed of permanent representatives from the:

(a) Regional State Prosecutor’s Office;

(b) Regional Public Attorney’s Office;

(c) DSWD Field Office;

(d) Regional Office of the DepED;

(e) Regional Office of the DILG;

(f) Regional Office of the CHR;

(g) Regional Office of the DOH;

(h) One (1) representative from the children sector within the region;

(i) One (1) representative from the youth sector within the region; and

(j) One (1) representative each from the League of Provinces/Cities/

Municipalities/Barangays of the Philippines; and

(k) One representative from each of the two (2) NGOs working with
children-at-risk and children in conflict with the law, or engaged in
children’s rights advocacy and operating within the Region.

Rule 12.b. Designation of Representatives to the RJJWC

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 The concerned office heads shall designate their representatives to the
RJJWC. The heads of the concerned offices shall name a permanent and
an alternate representative, with ranks of at least Regional Director and
Assistant Regional Director, respectively, or equivalent positions. The
League of Provinces of the Philippines, League of Cities of the
Philippines, League of Municipalities of the Philippines and League of
Barangays shall also name from their sets of officers, one permanent and
one alternate representative.

Rule 12.c. Designation of Representative from Children and Youth

Sector

The JJWC, through the CWC and NYC, shall set the selection process in
the designation of the representatives from the children and youth sector.
The representative from the children sector shall be identified and
recommended by the Council for the Welfare of Children. The
representative from the youth sector shall be identified and recommended
by the National Youth Commission. Both representatives shall be
designated by the RJJWC.

Rule 12.d. Emoluments

The designated representatives shall receive emoluments, as may be

determined by the Council, in accordance with existing laws, Civil
Service rules and applicable regulations on government budgeting and
accounting.

RULE 13. Creation and Administration of Regional Juvenile Justice and

Welfare Committee

Rule 13.a. Supervision by the JJWC

There shall be a Regional Juvenile Justice and Welfare Committee

(RJJWC) in each Region.

The JJWC shall exercise administrative supervision over the RJJWC. The
JJWC shall issue the necessary implementing guidelines for the exercise
of its authority over the RJJWC as its subnational extension.

Rule 13.b. Chairperson of the RJJWC

The RJJWC shall be chaired by the Regional Director of the DSWD.

Rule 13.c. Organizational Structure and Staffing Pattern of the Permanent

Secretariat of the RJJWC

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 As provided in Section 8 of the Act, the RJJWC shall have a Permanent
Secretariat, the organizational structure and staffing pattern of which shall
be determined by the Secretary of Social Welfare and Development. The
Regional Director of the DSWD shall have the direct control and
supervision of the RJJWC Permanent Secretariat.

Rule 13.d. Functions of RJJWC Secretariat

The RJJWC Permanent Secretariat shall:

(1) Support the RJJWC in performing its mandate, duties and functions,
in accordance with the Act and these Rules;

(2) Prepare the Periodic and Annual Reports for the RJJWC to be
submitted to the JJWC National Secretariat;

(3) Prepare the proposed budget and the Work and Financial Plan of the
RJJWC to be submitted to the JJWC National Secretariat;

(4) Regularly coordinate and consult with the National Secretariat; and

(5) Perform such other functions and tasks, as may be determined by the
RJJWC and the JJWC. The Regional Director of the DSWD shall
appoint the officers and staff of the RJJWC Permanent Secretariat.

RULE 14. Duties and Functions of the RJJWC

The RJJWC shall ensure the effective implementation of this Act, as amended,
and these Rules, at the regional and at the level of the LGUs, and ensure the
coordination among its members. It shall rationalize the collective and
integrated efforts between the national government and the LGUs. It shall
monitor, oversee and provide the necessary technical assistance to the LGUs
and the LCPCs to ensure policy implementation and effective performance of
their functions under the Act and the Rules. The RJJWC shall have the
following duties and functions:

(a) To oversee and ensure the effective implementation of this Act, as amended,
and these Rules, at the regional level and at the level of the LGUs;

(b) To assist the concerned agencies in the implementation and in compliance

with the JJWC’s adopted policies or regulations and provide substantial
inputs to the JJWC in the formulation of new ones, in line with the
provisions of the Act, as amended, and these Rules;

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(c) To assist in the development of the comprehensive 3 to 5-year local juvenile
intervention program, with the participation of the concerned LGUs, NGOs
and youth organizations within the region, and monitor its implementation;

(d) To coordinate the implementation of the juvenile intervention programs and

activities by national government agencies and other related activities
within the region;

(e) To oversee the programs and operation of the intensive juvenile intervention
and support centers established within the region;

(f) To collect the relevant regional information and conduct continuing research
and support evaluations and studies on all matters relating to juvenile
justice and welfare within the region, such as, but not limited to:

(1) Performance and results achieved by juvenile intervention programs

and by activities of the LGUs and other government agencies within
the region;

(2) The periodic trends, problems and causes of juvenile delinquency and
crimes from the LGU level to the regional level; and

(3) The particular needs of children in conflict with the law in custody
and children-at-risk, within their regional jurisdiction. The data
gathered shall be forwarded by the RJJWC to the JJWC on an annual
basis, and as may be deemed necessary by the JJWC.

(g) Through duly-designated persons, and with the assistance of the agencies
enumerated in the preceding section, to conduct regular inspections in the
detention and rehabilitation facilities within the region, and to undertake spot
inspections, on their own initiative, in order to check the compliance with the
standards provided herein, and to make the necessary reports and
recommendations to appropriate agencies and to the JJWC;

(h) To initiate and coordinate the conduct of trainings for the officials and
personnel of the agencies involved in the administration of the juvenile justice
and welfare system and the juvenile intervention program within the region;

(i) To submit an Annual Report to the JJWC on the implementation of this Act,
as amended; and

(j) To perform such other functions as may be determined by the JJWC to

implement the provisions of this Act, as amended, and these Rules.

PART V. ROLE OF DIFFERENT SECTORS

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RULE 15. Family

As provided in Section 12 of the Act, the family shall be responsible for the
primary nurturing and rearing of children, which are critical in delinquency
prevention. As far as practicable, and in accordance with the procedures of the
Act, as amended, a child in conflict with the law shall stay and be maintained
with the child’s family.

RULE 16. Educational System

By way of contributing to juvenile intervention and delinquency prevention,

educational institutions shall, consistent with Section 13 of the Act:

(1) Work together with families, community organizations and agencies in the
prevention of juvenile delinquency, and in the rehabilitation and reintegration of
children in conflict with the law.

(2) Provide adequate, necessary and individualized educational schemes for

children who are manifesting difficult behavior, children-at-risk and children in
conflict with the law.

(3) In cases where children in conflict with the law are taken into custody or
placed in a “Bahay Pag-asa” and youth rehabilitation centers, provide the
opportunity to continue their learning under an alternative learning system with
basic literacy program or non-formal education accreditation equivalency
system. All government and private educational institutions, which accept
children as pupils or students, shall:

(1) Establish a committee which shall handle cases involving CICL;

(2) Develop primary and secondary intervention programs for CAR;

(3) Participate in the implementation of tertiary intervention programs for

CICL; and

(4) Train school personnel with regard to juvenile and restorative justice.
The DepEd and the CHED shall issue the appropriate guidelines for
the proper implementation of this rule.

RULE 17. Mass Media

The mass media shall play an active role in the promotion of child rights, and
delinquency prevention by relaying consistent messages through a balanced
approach. Media practitioners shall maintain the highest professional standards
in reporting and covering cases of children in conflict with the law, consistent
with the Guidelines for Media Practitioners on the Reporting and Coverage of

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Cases Involving Children, issued by the Committee for the Special Protection of
Children. In all news and publicity materials concerning children, the best
interest of the child and the child’s right to privacy and confidentiality should be
the primordial, paramount and overriding consideration. Any undue,
inappropriate and sensationalized publicity of any case involving a child in
conflict with the law or a child-at-risk is hereby declared a violation of the
child’s rights. Media practitioners shall not disclose any information that may
reasonably identify the child or will lead to the identification of the child. The
mass media shall also be encouraged to:

(1) Portray the positive contribution of children to society;

(2) Provide children with age-appropriate information and material for their
development; and

(3) Disseminate information on the existence and the procedures for availing of
services, facilities and opportunities for children in society.

RULE 18. Local Councils for the Protection of Children

Rule 18.a. Duties and Responsibilities of the LCPC.

All LCPCs shall:

(1) Serve as the coordinating body that will support the concerned LGU
for the adoption, implementation, assessment, monitoring and
evaluation of the Comprehensive Juvenile Intervention Program, as
provided in Rule 23.b herein;

(2) Coordinate with, and assist, the Sangguniang Kabataan (SK) and
youth organizations, in the formulation and implementation of
juvenile intervention and diversion programs in the community, in
accordance with the Youth-to-Youth Guidelines promulgated by the
NYC and approved by the JJWC;

(3) Provide coordinative linkages with other agencies and institutions in

the planning, monitoring and evaluation of juvenile intervention and
diversion programs in the community;

(4) Assist the Punong Barangay in conducting diversion proceedings in

cases provided under Section 23(a) of the Act and RULE 47 herein;

(5) Support the Local Social Welfare and Development Officer

(LSWDO) in the development of the appropriate diversion
programs, as provided under Section 23(b) of the Act;

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 (6) Initiate, in collaboration with the schools, youth organizations and
other concerned agencies, the community-based programs on
juvenile justice and welfare, in accordance with the Youth-to-Youth
Guidelines promulgated by the NYC and approved by the JJWC;

(7) Conduct capability-building programs to enhance the knowledge and

skills of LCPC members in handling children’s programs; and

(8) Document best practices on juvenile intervention and delinquency

prevention.

Rule 18.b. Funding for LCPCs

Each barangay, municipality, and city shall appropriate, in its annual

budget, one percent (1%) of its annual internal revenue allotment (IRA)
for the strengthening and implementation of the programs of the LCPC,
as provided in Section 15 of the Act. The LGU concerned shall be
responsible for the disbursement of the fund, as provided by existing
laws. Funds disbursed by the LGUs on current programs of the LCPC
shall be deemed as appropriate disbursements, under Section 15 of the
Act. The details of such appropriations and disbursements shall be
included in the Annual Report of the LGUs to be submitted to the
RJJWC.

RULE 19. Appointment of Local Social Welfare and Development Officer

In accordance with Section 16 of the Act, all LGUs, particularly at the

provincial, city and municipal level, shall appoint a duly-licensed Social Worker
as its Local Social Welfare and Development Officer (LSWDO), who shall be
tasked to assist CAR and CICL.

RULE 20. Children and Youth Sector

The Sangguniang Kabataan (SK) shall coordinate with the LCPC, in the
formulation and implementation of juvenile intervention and diversion
programs in the community. The children and the youth sector, through other
children and youth organizations, shall participate in the formulation and
implementation of juvenile intervention and diversion programs in the
community.

PART VI. INTERVENTION PROGRAMS

RULE 21. Definition of Intervention

“Intervention” generally refers to programmatic approaches or systematic

social protection programs for children that are designed to:
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(1) Promote the physical and social well-being of children;

(2) Avert or prevent juvenile delinquency from occurring; and

(3) Stop or prevent children from re-offending. “Intervention,” as used in these

Rules, has three levels:

(1) Primary Intervention includes general measures to promote social

justice and equal opportunity, which tackle the perceived root causes
of offending. These shall include programs on advocacy, and socio-
economic, health and nutrition, training and education services.

(2) Secondary Intervention includes measures to assist children-at-risk,

i.e., protective services for children; and

(3) Tertiary Intervention includes measures to avoid unnecessary contact

with the formal justice system, and other measures to prevent re-
offending, i.e., diversion programs, rehabilitation, reintegration and
after-care services, which shall be further defined in PART IX,
PART X and PART XIII of these Rules. Intervention can be
implemented in different settings, which may include, but not
limited to, the community, the school or the youth care facility.
Intervention shall include psycho-social intervention, which may be
delivered through center-based or community-based interventions.
All interventions shall include intervention undertaken with the
family of the child.

RULE 22. Community-Based Intervention

Rule 22.a. Primary Mode of Intervention

It is hereby made a policy that in preventing juvenile delinquency and

addressing the harm done by CICL, community-based programs shall be
the primary mode of intervention.

Rule 22.b. Community Based Programs in the LGU

As provided for in Section 19 of the Act, the community-based programs

for juvenile intervention and delinquency prevention shall respond to the
special needs, problems, interests and concerns of children, and offer
appropriate counseling and guidance to them and their families. All
community-based programs to be designed by LGUs shall consist of the
three levels, as provided under Rule 23.

RULE 23. Comprehensive National Juvenile Intervention Program

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 Rule 23.a. Development, Review and Enhancement of the CNJIP

The JJWC shall, in accordance with Section 18 of the Act, develop a

three (3) to five (5)-year Comprehensive National Juvenile Intervention
Program (CNJIP), embodying the detailed strategy to realize the
objectives of the Act on juvenile intervention and delinquency
prevention. The JJWC shall develop the CNJIP, within six (6) months
from the effectivity of the Act, as amended.

Thereafter, the Comprehensive National Juvenile Intervention Program

shall be reviewed and enhanced periodically, as provided in the Act, as
amended. The CNJIP shall be developed, enhanced and reviewed with the
participation of:

(1) Government agencies concerned, including member agencies and the

coordinating agencies;

(2) Non-government organizations;

(3) Child and youth organizations; and

(4) The League of Provinces of the Philippines, League of Cities of the

Philippines, League of Municipalities of the Philippines and the Liga
ng mga Barangay.

Rule 23.b. CNJIP Framework The Comprehensive National Juvenile

Intervention Program shall serve as a guide to all government agencies,

LGUs and NGOs in the formulation and implementation of their
respective juvenile intervention programs and policies relating to juvenile
justice and welfare.

RULE 24. Comprehensive Local Juvenile Intervention Program (CLJIP)

Rule 24.a. Development, Review and Enhancement of the CLJIP

The provinces, cities and municipalities, through their Local Social

Welfare and Development Office and their Local Planning and
Development Office, shall develop their Comprehensive Local Juvenile
Intervention Program (CLJIP). The CLJIP shall be guided by the
principles set forth in the CNJIP, but shall be designed to be particularly
responsive to the assessed local situation. The DILG shall issue the
appropriate guidelines on the development of the CLJIP. The CLJIP shall
be submitted to the RJJWC, through the DILG, before the start of its
implementation or on the date to be determined by the DILG. The LGUs,
in coordination with their respective LCPCs, shall convene all the sectors
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concerned, particularly the child-focused institutions, NGOs, people’s
organizations, educational institutions and government agencies involved
in delinquency prevention, to participate in the planning process and
implementation of the CLJIP. The existing programs of the LGUs dealing
with children shall be deemed part of LCPC program. The LGUs shall
endeavor to align the appropriate programs of the national government
with their local programs and services as part of the CLJIP. The CLJIP
shall be integrated in the Local Development Plan of the LGU, provided
that all the requirements provided herein are complied with. Rule 24.b.
Implementation of the CLJIP The LCPC shall serve as the coordinating
body that will support the LGU concerned for the adoption,
implementation, monitoring and evaluation of the CLJIP. The LGUs may,
through appropriate ordinances, group themselves, consolidate their
programs and services, and pool their resources, for purposes of
designing and implementing their CLJIP, pursuant to Section of the Local
Government Code.

Rule 24.c. Budget Allocation for the CLJIP

The budget for the development and implementation of the CLJIP shall
be sourced from the 1% Internal Revenue Allotment (IRA) allocated for
the strengthening and 41 implementation of the programs of the LCPCs
for CAR and CICL. As provided for by Section 18 of the Act, the LGUs
shall also allocate an amount necessary to implement their respective
CLJIP in their Annual Budget. The LGUs are also enjoined to allocate
additional funding for the implementation of the CLJIP. The LGUs are
also encouraged to outsource funds or to engage in partnership with other
private organizations, establishments and entities that provide financial
assistance for the implementation of programs and services for CAR and
CICL. For highly-urbanized cities and provinces, this amount shall also
be separate from the expenses for the construction and maintenance of the
“Bahay Pag-asa” as provided in the Act and the Rules.

Rule 24.d. Annual Assessment

The implementation of the CLJIP shall be reviewed and assessed

annually by the LGUs, in coordination with their respective LCPCs. The
report on the assessment shall be submitted by the LGUs to the RJJWC,
not later than March 30 of every year, for review and integration into the
RJJWC report.

Rule 24.e. Monitoring and Technical Assistance

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 The DILG shall monitor the compliance of the LGU with this Rule, and
shall issue the necessary guidelines for the LGUs in the development,
budget allocation, implementation, monitoring and evaluation of their
CLJIP. The members of the RJJWC shall provide technical assistance to
the LGUs in formulating the CLJIP.

Rule 24.f. Local Referral System

Each LGU, based on their respective CLJIP, shall institute a Local

Referral System. This system shall tap the available internal and external
resources of the LGU concerned, and shall follow the standard
procedures and processes in handling cases of CAR and CICL, as
provided in the Act, as amended, and under these Rules. The LGUs shall
support the programs and activities of, private and non-government
organizations providing services for children-at-risk and children in
conflict with the law.

PART VII. INITIAL CONTACT WITH THE CHILD

RULE 25. Initial Contact with the Child

Rule 25.a. Protection Upon Initial Contact

The CICL shall enjoy the rights laid down in the Act and these Rules, and
shall enjoy the protection of the other laws, whenever applicable from the
first time that the child comes in contact with the Juvenile Justice and
Welfare System.

Rule 25.b. Taking Custody of a Child Without a Warrant

The law enforcement officer or a private person taking into custody a

child in conflict with the law without a warrant shall observe the
provisions in Sections 5, 8 and 9 of Rule 113 of the Revised Rules of
Criminal Procedure, and shall forthwith deliver the child to the nearest
police station. The child shall be proceeded against, in accordance with
Section 7 of Rule 112 of the Rules of Criminal Procedure.

RULE 26. Procedure for Taking Child Into Custody

From the moment the child is taken into custody, the law enforcement officer
shall faithfully observe the following procedures, as provided in Section 21 of
the Act:

(1) Properly identify oneself and present proper identification to the child.

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(2) Immediately notify the child’s parents or guardians, the Local Social
Welfare and Development Officer (LSWDO), and the Public Attorney’s
Office (PAO) of the child’s apprehension. The notification shall be made
not later than eight (8) hours after apprehension.

(3) Explain to the child, in simple language and in a language or dialect, which
the child can understand:

a. The reason for placing the child under custody;

b. The offense allegedly committed; and

c. The child’s constitutional rights and the child’s rights under Republic
Act 7438 or An Act Defining Certain Rights of Person Arrested,
Detained or Under Custodial Investigation as well as the Duties of the
Arresting, Detaining and Investigating Officers, and Providing Penalties
for Violations Thereof [R.A. 7438]. If the child cannot understand the
language or local dialect or suffers from disability, an interpreter or a
mental health professional shall be provided.

(4) Determine the age of the child, in accordance with the guidelines provided
in Rule 37.b herein.

(5) Take the child immediately to the proper medical or health officer for a
thorough physical and mental examination. Whenever medical treatment is
required, steps shall be immediately undertaken to provide the same.

(6) Immediately but not later than eight (8) hours after apprehension, turn over
the custody of the child to the Local Social Welfare and Development
Office or other accredited NGOs. However, in cases where the child is
fifteen (15) years old or below, the law enforcement officer shall
immediately release the child to the custody of the child’s parents or
guardian, or in their absence, the child’s nearest relative, upon assessment
and recommendation of the Local Social Welfare Development Officer, in
accordance with Rule 36.a herein. The above procedure must be followed,
in strict observance of the prohibitions provided in Section 21 of the Act
and in RULE 32 herein, while the child is in the custody of a law
enforcement officer. A child in conflict with the law shall only be searched
by a law enforcement officer of the same gender, as prescribed in Section
21 of the Act. It is the duty of the enforcement officer to refer the child to
the LSWDO for the determination of discernment as provided under Rule
38.

RULE 27. Initial Investigation

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The initial investigation is the stage after initial contact, when the law
enforcement officer gather relevant evidence including the testimonies of
witnesses, documents, object evidence, local knowledge and review of scenes
when a crime allegedly involving a child is reported. The conduct of the initial
investigation shall be guided by the principle of the best 4 interest of the child
and consideration for the concerns and needs of the victim. 5 It is the duty of the
law enforcement officer to refer the child to the LSWDO for the 6
determination of discernment as provided under Rule 38.

Rule 27.a. Duty of Law Enforcement Officer When Interviewing the

Child

The law enforcement officer may interview a child for the purpose of
determining the child’s personal circumstance including among others,
his or her name, name of his or her parents, the child’s date of birth, and
home address. No law enforcement officer shall compel any child to
make any statement or provide any information that might incriminate the
child. The law enforcement officer shall have the duty to inform the child
of his or her rights under the Constitution and under RA 7438. Any
statement or information made by the child referring to the crime shall
require the presence of the following persons provided in Section 22 of
the Act:

(1.) The child’s counsel of choice or in the absence thereof, a lawyer from
the 18 Public Attorney’s Office;

(2) The child’s parents, guardian, or nearest relative, as the case may be;
and

(3) The LSWDO. The law enforcement officer from the Women and
Child Protection Desk shall conduct the interview of the child.

Rule 27.b. Requirements Where a Child Gives a Statement

As provided in Section 21(m) of the Act, the law enforcement officer

from the Women and Child Protection Desk shall ensure that all
statements signed or thumb marked by the child during the investigation
shall be witnessed by the child’s parents or guardian, the LSWDO, and
counsel in attendance, who shall affix their signatures to the said
statement.

Rule 27.c. Report on the Initial Investigation

After the initial investigation, the law enforcement officer conducting the
same shall prepare a report, which contains the following information:

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 Whether handcuffs or other instruments of restraint were used, and if so,
the reason for such use;

The fact that the parents or guardian of a child, the DSWD or the
LSWDO, and the PAO have been duly-informed of the apprehension and
the details thereof;

The exhaustion of measures to determine the age of a child;

The basis for the determination of the age of the child;

The precise details of the physical and medical examination or the failure
to submit a child to such examination;

To whom the child was released and the basis for the release;

Whether or not the child is exploited in the commission of the crime, as

provided in Section 20-C

If the child is above fifteen, the assessment of the Social Worker whether
the child acted with or without discernment;

Where the case shall be referred, as provided in the RULE 30 and the
basis for such disposition, i.e., the nature of the offense allegedly
committed by the child, the corresponding imposable penalty for the
commission of the alleged offense, and the assessment of discernment, as
provided in RULE 38.

RULE 28. Where the Case Shall be Referred

After the initial investigation, the law enforcement officer shall determine if the
case of the child shall be referred to:

(1) The LSWDO for intervention in accordance with Sections 20, 20-A and 20-
B of the Act and PART IX of these Rules if the child is:

(a) Fifteen (15) years old or below; or

(b) Above 15 but below 18 years of age and acted without discernment.

(2) Diversion, in accordance with Section 23 of the Act and PART X of these
Rules, to be administered by the:

(a) Law enforcement officer, if the child is above 15 but below 18 years of
age, acted with discernment, and allegedly committed an offense with
an imposable penalty of not more than six (6) years of imprisonment;
or
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 (b) LSWDO, if the child is above 15 but below 18 years of age, acted with
discernment, and allegedly committed a victimless offense with an
imposable penalty of not more than six (6) years of imprisonment.

(3) The Prosecutor or Judge, if the child is above fifteen (15) but below 18 years
of age, acted with discernment, and allegedly committed an offense with an
imposable penalty of more than six (6) years of imprisonment.

The report on the initial investigation, as required under RULE 27, shall state
where the case shall be referred to, and the basis for such disposition, which
shall include the following information:

(1) The nature of the offense allegedly committed by the child;

(2) The corresponding imposable penalty for the commission of the offense; and

(3) Where the case of the child shall be referred in the event of an assessment
that the child acted with discernment, as provided in RULE 38.

RULE 29. Turn Over of Custody

In all cases, the law enforcement officer shall turn over the physical custody of
the child to the LSWDO within eight (8) hours from apprehension, as required
under Section 21(i) of the Act. The physical custody of the child shall be
transferred to the LSWDO, even if the law enforcement officer has not yet
exhausted all measures to determine the age of the child under Rule 35.b and
even if the initial investigation under RULE 27 has not yet been terminated.

After the physical custody of the child is turned over, the LSWDO shall then
explain to the child and the child’s parents or guardians, the consequences of the
child’s act with a view towards providing counseling and rehabilitation;
diversion from the criminal justice system; and whenever appropriate,
obtaining reparation for the victim or victims; as required by Section 21(i) of
the Act.

In the event that 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 provided in Rule 38.b herein, and proceed with the development
of appropriate diversion programs, as provided under Part VII of these Rules,
except in cases covered under Section 20, Section 20-A and Section 20-B of the
Act.

RULE 30. Pending Turn Over of Custody

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Pending the turn-over of the custody of the child to the parents, guardians or the
LSWDO, in cases when the child is apprehended at night time or during
weekends, the law enforcement officers shall ensure that the child shall be
temporarily secured in an area separate from that of the opposite sex and adult
offenders, and shall not be placed inside the detention cell or jail. The
temporary physical custody of child in such cases may also be given to an NGO
that is licensed and accredited by the DSWD, a faith based organization, a foster
parent, or a member of the BCPC who is selected based on the criteria set by
the DILG.

The LGUs shall ensure that the Local Social Welfare and Development Office
is available to receive referrals of CICL cases, twenty-four hours a day and
seven days a week.

RULE 31. Duty to Maintain Strict Confidentiality and Privacy

From the time of taking custody of the child in conflict with the law, the law
enforcement officer and all duty-bearers shall handle the case of the child with
utmost confidentiality, as provided under Rule 7.a.

RULE 32. Prohibited Acts When the Child is in Custody

Rule 32.a. Display and Use of Instruments of Force or Restraint

The law enforcement officer shall refrain from subjecting the child in
conflict with the law to greater restraint than is necessary for
apprehension. If handcuffs or other instruments of restraint are employed
on the child, the law enforcement officer shall record such fact in the
report on the initial investigation, as required under Section 21(l) of the
Act and Rule 27.a herein, and the reason for the use of such instruments
of restraint. As required under Section 21(e) of the Act, the law
enforcement officer, from the time of initial contact with the child, shall
also avoid displaying or using any firearm, weapon, handcuffs or other
instruments of force or restraint, unless absolutely necessary and only
after all other methods of control have been exhausted and have failed.

Rule 32.b. Use of Violence or Unnecessary Force

As prescribed by Section 21(g) of the Act, the law enforcement officer

shall not use violence or unnecessary force on the child in conflict with
the law.

Rule 32.c. Detention

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 A child in conflict with the law shall never be locked up in a detention
cell, such as the barangay lock-up, police station lock-up, jails managed
by BJMP, provincial jails and other similar facilities, but shall only be
placed in a “Bahay Pag-asa” or youth care facility.

Rule 32.d. Body Search by an Officer of the Opposite Sex

A child in conflict with the law who is in custody shall not be searched by
a law enforcement officer of the opposite sex.

Rule 32.e. Contact with Adult Offenders and Offenders of Opposite

Sex

Should the detention of the child in conflict with the law be necessary
pending turnover to the LSWDO or the other persons who may take
custody of the child, in accordance with Section 21(i) of the Act and Rule
36.b herein, the child shall be secured in quarters separate from that of the
opposite sex and adult offenders.

Rule 32.f. Vulgar Language

All duty-bearers shall not use vulgar or profane words against, or in the
presence of, the child in conflict with the law.

Rule 32.g. Harassment and Abuse

All duty-bearers shall not sexually harass or abuse, or make sexual

advances on the child in conflict with the law.

Rule 32.h. Prohibitions are Applicable to Other Duty-Bearers

Other duty-bearers, including but not limited to persons to whom the

custody of the child is turned over, in accordance with Section 21(i) of
the Act and Rule 36.b herein, and all persons having contact with the
child in conflict with the law, are bound by the same obligations and shall
strictly observe all the prohibitions under this Rule.

PART VIII. LIABILITY OF A CHILD IN CONFLICT WITH THE LAW

RULE 33. Exemption from Criminal Liability

Rule 33.a. Who are Exempt

As provided in Section 6 of the Act, the following shall be exempt from

criminal liability:

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 (1) A child fifteen (15) years of age or under at the time of the
commission of the offense; and

(2) A child above fifteen (15) years but below eighteen (18) years of age,
who acted without discernment, at the time of the commission of the
offense.

Rule 33.b. Treatment of Children Exempt from Criminal

Responsibility

Children who are exempt from criminal liability, as referred to in this

Rule, shall be subjected to an intervention program, pursuant to Sections
20, 20-A and 20-B of the Act 33 and PART IX of these Rules. 34

Rule 33.c. Non-Exemption from Civil Liability

As provided in Section 6 of the Act, the exemption from criminal liability

of children under this Rule does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.

RULE 34. Civil Liability of Parents

Parents shall be jointly liable for the civil liability of the child. The parents shall
be liable for damages unless they prove, to the satisfaction of the Court, that
they were exercising reasonable supervision over the child at the time the child
committed the offense, and exerted reasonable efforts and utmost diligence to
prevent or discourage the child from committing an offense. For purposes of
this Rule, “parents” shall mean any of the following persons:

(1) Biological parents of the child; or

(2) Adoptive parents of the child; or

(3) Individuals who have custody of the child.

RULE 35. Age of the Child

Rule 35.a. When a Child is Deemed to be Fifteen (15) Years of Age A child is
deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of
the child’s date of birth.

Rule 35.b. Determination of the Age of the Child

Consistent with Section 7 of the Act, the following measures may be used
to ascertain the age of the child:

(1) Obtain documents that show proof of the child’s age, such as:
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 a. Child’s birth certificate;

b. Child’s baptismal certificate; or

c. Any other pertinent documents, such as but not limited to, the
child’s school records, dental records, travel papers, etc.

(2) The law enforcement officer may obtain the above documents from
any of the following:

a. Parents, guardian or relatives of the child (for copies of any of

the above documents);

b. Local Civil Registrar or the National Statistics Office (for a copy

of the birth certificate);

c. School where the child attends (for school records, dental

records, birth certificate or baptismal certificate, when required by
the school);

d. Local Health Officer (for medical records); and

e. Church (for baptismal records).

If the above documents cannot be obtained or pending receipt of such

documents, the law enforcement officer shall exhaust other measures to
determine the age of the child by:

(1) Interviewing the child and obtaining information that indicate age
(e.g., date of birth, grade level in school);

(2) Interviewing persons who may have knowledge of the age of the child
(e.g., relatives, neighbors, teachers, classmates);

(3) Evaluating the physical appearance (e.g., height, built) of the child;
and

(4) Obtaining other relevant evidence of age.

Rule 35.c. Presumption of Age of Minority In Case of Doubt

In case of doubt as to the age of the child, after all the measures are
exhausted to determine it, the doubt shall be resolved in favor of the
child’s minority. As provided in Section 7 of the Act, the child in conflict
with the law shall enjoy the presumption of minority. The child shall
enjoy all the rights of a child in conflict with the law, until the child is

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 proven to be eighteen (18) years old or older, at the time of the
commission of the crime.

Rule 35.d. If the Child’s Age is Contested

As provided in Section 7 of the Act, 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 the child’s age before the Family Court, which shall
decide the case within twenty-four (24) hours from the receipt of the
appropriate pleadings of all interested parties. If a case has been filed
against the child in conflict with the law and is pending in the appropriate
Court, a person may file a motion to determine the age of the child in the
same Court where the case is pending. Pending the hearing on the said
motion, the 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 to determine the
age of the child in conflict with the law.

RULE 36. When the Child is Below the Age of Criminal Responsibility

Rule 36.a. Immediate Release of the Child

As provided in Section 20 of the Act, if it has been determined that the

child taken into custody is fifteen (15) years old or below, the law
enforcement officer having initial contact with the child, has the duty
to immediately release the child to the custody of the parents or
guardians, or in their absence, the child’s nearest relative, upon
assessment and recommendation of the Local Social Welfare
Development Officer, except as provided in Section 20 last
paragraph, Section 20-A and Section 20-B. Immediately after being
notified of the apprehension of a child who is fifteen (15) years old
or below as required by Rule 31 of these Rules and Section 21(i) of
the Act, the LSWDO shall conduct an initial assessment to
determine the appropriate intervention and prevention programs, in
consultation with the child and the person having custody over the
child. The initial assessment shall be without prejudice to the
preparation of a more comprehensive Social Case Study Report.

Rule 36.b. Custody of the Child Below Age of Criminal Responsibility

If the parents, guardians or nearest relatives cannot be located, or if they

refuse to take custody of the child, the child may be released by the
authority having initial contact with the child to any of the
following:
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(1) Duly-registered non-governmental or religious organization;

(2) Barangay Official;

(3) Member of the BCPC;

(4) LSWDO; or

(5) DSWD, when and where appropriate. If the parents, guardians or

relatives are unable to take custody of the child due to incarceration
or a mental or physical incapacity, the child shall be referred to
alternative placements such as foster homes, in addition to what has
been provided in the Act, as amended.

Rule 36.c. Petition for Involuntary Commitment

The LSWDO shall determine if the child is dependent, abandoned,

neglected or abused by the parents for purposes of filing a Petition for
Involuntary Commitment, whenever necessary and appropriate. If the
community-based placement of the child shall put the safety of the child
in danger, in view of the alleged commission of the offense, the LSWDO
shall encourage the parent or guardian of the child to request for
temporary placement of the child with the DSWD or licensed and
accredited NGOs. In the event that a parent or guardian does not agree
with the temporary custody of the child, the LSWDO shall carefully
review the case of the child and file a Petition for Involuntary
Commitment when sanctioned by law, in accordance with P.D. 603 and
the Supreme Court Rule on the Commitment of Children.

A Petition for Involuntary Commitment shall be filed by the LSWDO, or

in his or her absence, by the DSWD if:

(a) The child in conflict with the law who is at least twelve (12) years old
is determined by the LSWDO to be dependent, abandoned, neglected
or abused by the parents, and the best interest of the child requires
that the child be placed in a youth care facility or “Bahay Pag-asa,”
pursuant to Section 20 of the Act; or

(b) The child, who is above twelve (12) years of age up to fifteen (15)
years of age, commits a serious crime covered by Section 20-A of
the Act; or

(c) The child, who is above twelve (12) years of age up to fifteen (15)
years of age, commits an offense for the second time or oftener, and

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 if the best interest of the child requires that the child be placed in a
youth care facility or “Bahay Pag-asa,” pursuant to Section 20-B.

A child in conflict with the law is considered:

(a) “Dependent” when the child is without a parent, guardian or

custodian; or one whose parents, guardian or other custodian for
good cause desires to be relieved of the child’s care and custody; and
is dependent upon the public for support, as provided in Art. 141(1),
Title VIII of P.D. 603;

(b) “Abandoned” when the child has no proper parental care or

guardianship or when the child’s parents or guardians have deserted
the child for a period of at least six (6) continuous months, as
provided in Art. 141(2), Title VIII of P.D. 603;

(c) “Neglected” when the child’s basic needs have been deliberately
unattended or inadequately provided, as provided in Art. 141(3) of
P.D. 603; or

(d) “Abused” when upon the evaluation of the LSWDO, the child is
determined to be maltreated, whether habitual or not, as defined in
Section 3(b) of Republic Act No. 7610, or the “Special Protection of
Children Against Abuse, Exploitation and Discrimination Act”
[“R.A. 7610”]. The filing of the Petition for Involuntary
Commitment shall be done in accordance with the provisions of Title
VIII, Chapter 1 of P.D. 603 and the Supreme Court Rule on the
Commitment of Children. The filing of the Petition for Involuntary
Commitment must be for the purpose of rehabilitating the child, and
not to terminate parental authority, unless termination of parental
authority is absolutely necessary and appropriate for the best interest
and welfare of the child.

RULE 37. Age of Criminal Responsibility

Rule 37.a. Children Who Acted Without Discernment

The child in conflict with the law who is above fifteen (15) but
below eighteen (18) years of age shall be exempt from criminal
responsibility, unless the child acted with discernment. Being exempt, the
child shall be dealt with in the same manner as a child who is below the
age of criminal responsibility, as provided in RULE 36 herein and PART
IX of these Rules.

Rule 37.b. Children Who Acted With Discernment

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 If the child in conflict with the law is above fifteen (15) years old
but below eighteen (18) years of age acted with discernment, the child
shall proceed to diversion under Chapter 15 of the Act, as amended, and
PART X of these Rules.

RULE 38. Discernment

Rule 38.a. Definition

Discernment is the capacity to understand the difference between right

and wrong, and its consequences.

Rule 38.b. Initial Assessment of Discernment

The LSWDO, after the law enforcement officer refers the child
who is above fifteen (15) years but below eighteen (18) years of age, and
the child’s records, as provided in rule 28 herein, shall prepare a report
indicating an assessment on whether the child acted with discernment
within seven (7) working days, for purposes of determining whether to
proceed with the intervention under Section 20 of the Act (PART IX of
these Rules) or with the diversion under Chapter 2 of the Act (PART X of
these Rules).

Rule 38.c. Basis for Assessment of Discernment

In making an assessment of discernment, the LSWDO shall use the

Discernment Assessment Tool developed by the DSWD. The DSWD
shall issue the necessary guidelines and develop the standard tools to help
the LSWDOs in the assessment of discernment. The DSWD shall
regularly review and enhance the tool and its guidelines.

Rule 38.d. Report on the Assessment of Discernment

After making an assessment, the LSWDO shall prepare a report

showing the basis for the assessment of whether the child acted with or
without discernment. This report shall be submitted to the law
enforcement officer handling the case of the child. After receipt of the
report by the LSWDO, the law enforcement officer shall conclude the
initial investigation, and refer the case of the child for intervention,
diversion or preliminary investigation, whichever is appropriate under the
obtaining circumstances of case.

PART IX. INTERVENTION FOR CHILDREN EXEMPT FROM

CRIMINAL LIABILITY

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RULE 39. Intervention Programs for Children in Conflict with the Law
Who are Exempt from Criminal Liability

The following children, who are exempt from criminal liability, shall be
provided with the appropriate Tertiary Intervention Programs:

(a) Those taken into custody who are fifteen (15) years old or below; and

(b) Those above fifteen (15) but below eighteen (18) years old and determined
to have acted without discernment.

The DSWD shall issue the necessary guidelines to aid the Local Social Welfare
and Development Officer in the formulation, implementation and monitoring of
appropriate and effective intervention programs for children who are exempt
from criminal liability.

RULE 40. Monitoring Compliance

The LSWDO shall implement and monitor the intervention program with the
child in coordination with the BCPC, the school, SK Council or youth
organizations, other existing support organizations and community volunteers.
Specifically, the LSWDO shall monitor the effectiveness of the intervention
program; and the compliance by the child and the parents or guardians, with the
terms and conditions of the intervention program.

RULE 41. Management of Cases of Children Who Commit Serious Crimes

Under Section 20-A 20

Rule 41.a. Crimes Covered; Intensive Intervention

A CICL, above 12 years up to 15 years of age who committed either or a

combination of the following offenses:

(1) Parricide;
(2) Murder;
(3) Infanticide;
(4) Kidnapping and serious illegal detention where the victim is
killed or raped;
(5) Robbery with homicide or rape;
(6) Destructive arson;
(7) Rape;
(8) Carnapping where the driver or occupant is killed or raped; or
(9) Offenses under Republic Act No. 9165 punishable by more than
twelve (12) years of imprisonment is still exempted from criminal
liability but the child shall be deemed a “neglected child” under

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 Presidential Decree No. 603, as amended, and shall be
mandatorily placed in a special facility within the youth care
facility or “‘Bahay Pag-asa,”’ which shall be called the Intensive
Juvenile Intervention and Support Center (IJISC). In accordance
with existing laws, rules, procedures and guidelines, the Local
Social Welfare and Development Officer (LSWDO) of the LGU
where the offense was committed; or in the absence of the
LSWDO, by the DSWD Social Worker; shall file the proper
Petition for Involuntary Commitment and Placement of the CICL
under the IJISC, within twenty-four (24) hours from the time of
the receipt of a report on the alleged commission of said child.
The Court, where the Petition for Involuntary Commitment has
been filed shall decide on the Petition within seventy-two (72)
hours from the time the said petition has been filed by the DSWD
or the LSWDO. The Court will determine the initial period of
placement of the child within the IJISC, which shall not be less
than one (1) year. The Multi-Disciplinary Team shall develop
individual case management plans with offense-specific
interventions.

Rule 41.b. Reports to be Submitted by the Multi-Disciplinary

Team of the IJISC

The Multi-Disciplinary Team of the IJISC will submit to the Court a

Case Study and Progress Report, to include a Psychiatric Evaluation
Report, and whenever appropriate, to recommend the reintegration of
the child to the family or the extension of the placement under the
IJISC. The Multi-Disciplinary Team will also submit a report to the
Court on the services extended to the parents and family of the child
and the participation and compliance of the parents in the intervention
programs.

Rule 41.c. Completion of the Center-Based Intervention Program

The Court will decide whether the child has successfully completed
the center-based intervention program, and whether the child is
prepared to be reintegrated with the family or if there is a need for the
continuation of the center-based rehabilitation of the child. The Court
will determine the next period of assessment or hearing on the
commitment of the child.

RULE 42. Management of Cases of Children Who Committed an

Offense for the Second Time or Oftener Under Section 20-B 23

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 Rule 42.a. Community-Based Intensive Intervention Program

A CICL, above 12 years up to 15 years of age and is exempt from

criminal liability, who committed an offense for the second time or
oftener, and who was previously subjected to a community-based
intervention program, shall be deemed to be a “neglected child” under
Presidential Decree No. 603, as amended, and shall undergo an intensive
community-based intervention program, based on individual case
management plans to be supervised by the Local Social Welfare and
Development Officer.

Rule 42.b. Center-Based Intensive Intervention Program under the

“Bahay Pag-asa”

If the best interest and welfare of the CICL requires placement in a Youth
Care Facility or “Bahay Pag-asa,” the child’s parents or guardians shall
execute a written authorization for the voluntary commitment of the
child. If the CICL has no parents or guardians or if they refuse or fail to
execute the written authorization for voluntary commitment, the proper
Petition for Involuntary Commitment shall be immediately filed by the
DSWD or the LSWDO pursuant to Presidential Decree No. 603, as
amended. The CICL shall undergo a center-based intensive intervention
program, based on individualized case management plan to be supervised
by the Local Social Welfare and Development Officer.

PART X. DIVERSION FOR CHILDREN WHO ACTED WITH

DISCERNMENT

RULE 43. Principles of Diversion

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
the child’s social, cultural, economic, psychological or educational background,
without resorting to formal Court proceedings. Diversion process shall be
centered on the restorative approach, and as far as applicable, shall use
restorative justice processes, which may include but not limited to:

(a) victim offender mediation;

(b) community and family group conferencing;

(c) circle sentencing;

(d) peacemaking circles;

(e) reparative probation and community boards and panels and

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 (f) existing community accepted justice practices that embody restorative
justice.

In formulating and implementing a diversion program, the following principles

shall be considered:

(a) Application of restorative justice principles in accordance with Rule 7

(b) Use of positive measures;

(c) Full mobilization of all possible resources, which include the family,
volunteers, schools and other community institutions;

(d) Effective, fair and humane dealing with the child; and

(e) Promotion of the well-being of the child.

RULE 44. Who Shall Undergo Diversion

Pursuant to Section of the Act, the child in conflict with the law shall undergo
diversion proceedings if he or she:

(a) Is above fifteen (15) years but below eighteen (18) years of age;

(b) Acted with discernment; and

(c) Allegedly committed an offense with an imposable penalty of not more

than six (6) years of imprisonment if diversion is conducted at the
barangay, police or prosecutor’s level; and not more than twelve (12)
years of imprisonment, if diversion is resorted to by the Court.

RULE 45. Where Diversion May be Implemented

As provided for under Section 24 of the Act, if the imposable penalty for the
offense committed is not more than six (6) years of imprisonment, diversion
may be implemented at the:

(a) Katarungang Pambarangay level, before the Punong Barangay, as

provided in RULE 47 herein;

(b) Police investigation stage, before the law enforcement officer, as

provided in RULE 48 herein; or

(c) Preliminary Investigation stage, before the Prosecutor, as provided in

RULE 50 herein.

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If the offense with the imposable penalty of not more than six (6) years
imprisonment is a victimless crime, the diversion proceedings shall be
managed by the LSWDO, in coordination with the BCPC. If the imposable
penalty for the offense committed exceeds six (6) years of imprisonment but
not more than twelve (12) years of imprisonment, diversion may be resorted
to only by the Court.

RULE 46. Organization of a Diversion Committee

Upon receipt of the case, the authority handling the diversion shall constitute
a Diversion Committee, which shall be responsible in convening the
dialogue between the CICL, the parents or guardians, and the victim(s) and
the latter’s parents or guardians. The Committee shall assist the authority
implementing the diversion in identifying the appropriate programs for the
CICL and the family.

RULE 47. At the Katarungang Pambarangay Level

Rule 47.a. Diversion Prior to Entry into the Criminal Justice System

A child in conflict with law may undergo diversion proceedings outside

of the Criminal Justice System when the case is referred to the Barangay
through the Lupong Tagapamayapa.

Rule 47.b. Who Handles the Diversion

The Diversion at the Katarungang Pambarangay level shall be managed

by a Diversion Committee chaired by the Punong Barangay, as the Chair
of the Lupong Tagapamayapa. The members of the Diversion Committee
may include, but not be limited to the following:

(1) Local Social Welfare and Development Officer (LSWDO);

(2) Barangay Kagawad (Chairperson of the Committee on Children,

Women and Family)

(3) Member of the Lupong Tagapamayapa;

(4) Member of the Barangay Council for the Protection of Children;

(5) Chief Tanod;

(6) Member of Task Force on Child and Youth Development in the

Barangay;

(7) NGO Representative;

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 (8) PTA President; and

(9) Representative of a faith-based organization.

Rule 47.c. Formulation and Supervision of the Diversion Program at

the Barangay Level

The diversion program at the Katarungang Pambarangay level shall be

formulated by the Diversion Committee. The supervision of the Diversion
Program at this level shall be done by the Punong Barangay, with the
assistance of the BCPC. As a form of monitoring, the members of the
BCPC and the community volunteers to be designated by the BCPC, may
conduct house visits with the child and the parents or guardians, in order
to monitor the child’s progress in the Diversion Program and ensure
compliance with the Contract of Diversion. This may be done in
consultation and in collaboration with the LSWDO.

Rule 47.d. Duty of Punong Barangay

When There is No Diversion Pursuant to Section 27 of the Act, the

Punong Barangay handling the case shall, within three (3) days from
determination of the absence of jurisdiction or termination of the
diversion proceedings as provided below, forward the records of the case
to the:

(1) Law enforcement officer or Prosecutor – when the child or the

child’s parents or guardian do not consent to a diversion. 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.

(2) Prosecutor or the Court – when the case involves an offense with an
imposable penalty of more than six (6) years imprisonment.

RULE 48. At the Law Enforcement Level

Rule 48.a. Diversion Proceedings at the Law Enforcement Level

Diversion shall be conducted at the law enforcement level when:

(1) After the conduct of diversion proceedings at the Katarungang

Pambarangay level, the child or the child’s parents or guardian do
not consent to a diversion, and the Punong Barangay forwards the
case of the child as provided under Rule 47.d herein; or

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 (2) After the conduct of the initial investigation, the law enforcement
officer determines that the child is above 15 but below 18 years of
age, acted with discernment and allegedly committed an offense, that
is not a victimless crime, with an imposable penalty of not more than
six (6) years of imprisonment, as provided under RULE 28 (2)(a)
herein.

Rule 48.b. Who Handles the Diversion

Diversion at the police investigation stage shall be handled by a

Diversion Committee that is chaired by a law enforcement officer from
the Women and Children Protection Desk. The members of the Diversion
Committee may include, but not be limited to the following:

(1) Local Social Welfare and Development Officer;

(2) Member of the Barangay Council for the Protection of Children;

(3) Member of Task Force on Child and Youth Development in

Barangay;

(4) NGO Representative;

(5) Representative of a faith-based organization;

(6) Representative of a people’s organization; and

(7) Lawyer from the Public Attorney’s Office.

Rule 48.c. Duty of the Law Enforcement Officer When There is No

Diversion

Pursuant to Section 23 of the Act, the law enforcement officer handling

the case shall forward the records to the Prosecutor or Judge, when the
case involves an offense with an imposable penalty of more than six (6)
years imprisonment; or the child or the child’s parents or guardians do not
consent to a diversion. The case records shall be forwarded within three
(3) days from determination of the absence of jurisdiction or the
termination of the Diversion Proceedings as stated above. Upon receipt of
the referral, the Prosecutor or Judge shall then conduct the Preliminary
Investigation and determine whether or not the child should remain in
custody and correspondingly charged in Court.

RULE 49. At the Level of the LSWDO in Cases of Victimless Crimes

Rule 49.a. Diversion at the LSWDO level

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 Diversion shall be handled at the level of the LSWDO, where after the
conduct of initial investigation, the law enforcement officer determines
that the child is above 15 but below 18 years of age, acted with
discernment and allegedly committed a victimless crime where the
imposable penalty is not more than six (6) years of imprisonment, as
provided under RULE 28 (2)(b) herein.

RULE 50. At the Level of the Prosecutor

In cases where no consent or agreement to a diversion was reached at the level

of the law enforcement officer or LSWDO conducting the Diversion
Proceedings, the Prosecutor shall still endeavor to arrive at an agreement to a
diversion program.

Rule 50.a. Diversion Committee

Diversion at the Preliminary Investigation stage shall be conducted by a

Diversion Committee chaired by a Prosecutor. The members of the diversion
committee may include but not be limited to the following:

(1) Local Social Welfare and Development Officer;

(2) Member of the Barangay Council for the Protection of Children;

(3) NGO Representative;

(4) Representative of a faith-based organization;

(5) Representative of a people’s organization; and

(6) Lawyer from the Public Attorney’s Office.

RULE 51. Diversion Proceedings

Rule 51.a. Duties of the Authority Handling the Diversion Proceedings

The authority handling the Diversion Proceedings shall:

(1) Explain to the child and the child’s family the objective of the Diversion
Proceedings, the value of diversion, and the consequence of not
undergoing diversion.

(2) Ask the child about the circumstances of the offense, the motives or
purpose behind the offense and the factors that led the child to commit
the offense.

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(3) Ask the child about some personal circumstances, including details of the
child’s parents and family, peers and educational status.

(4) Make the child in conflict with the law understand the consequences of
the child’s actions and the corresponding responsibilities.

(5) Ensure that the child understands and realizes his or her accountability;
make the child feel remorse for his or her actions; and guide the child to
take responsibility for repairing the harm done, in lieu of the filing a
formal case in the Court.

The authority handling the Diversion Proceedings shall also determine if

diversion is appropriate and desirable, based on the factors provided in the
next Rule. Upon a finding that diversion is not applicable or desirable, the
authority handling the Diversion Proceedings shall issue the corresponding
document certifying to such fact, and shall proceed with the case according
to the regular process.

Rule 51.b. Factors in Determining Whether Diversion is Appropriate

In determining whether diversion is appropriate and desirable, the following

factors shall be taken into consideration by the authority handling the
Diversion Proceedings:

(1) Nature and circumstances of the offense charged;

(2) Frequency and the severity of the act;

(3) Personal circumstances of the child (e.g. age, maturity, intelligence,

educational attainment, etc.);

(4) Influence of the family and environment on the growth of the child;

(5) Reparation for the injury to the victim;

(6) Weight of the evidence against the child;

(7) Safety of the community; and

(8) Best interest and welfare of the child.

Whenever applicable, the recommendation of the LSWDO shall be

considered in the determination of appropriateness and desirability of
diversion.

Rule 51.c. Conduct of Diversion Proceedings

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 The authority conducting the diversion proceedings shall ensure that the
proceedings are child-friendly and sensitive to the needs, welfare and the
protection of the rights of the child in conflict with the law. The authority
shall use language that is simple and understandable to the child in conflict
with the law. Diversion Proceedings shall be conducted in a place where the
identities of the child and the parties concerned are kept confidential. There
should be enough privacy to avoid unnecessary interruptions, distractions
and/or participation from non-parties that could humiliate or make the child
feel uncomfortable. The DSWD, in consultation with the LGUs, particularly
the LCPCs, shall formulate rules and guidelines that should be followed
during the conduct of the Diversion Proceedings, in order to protect the child
from coercion, intimidation, harm, abuse, or other actions detrimental to the
child’s normal development. Such guidelines shall ensure that the child
understands the Diversion Proceedings where he or she is involved.

Rule 51.d. Custody Pending Diversion Proceedings

Pending the conduct of the diversion proceedings, the custody of the child
shall be given to the parents, guardians, relatives or any other responsible
person in the community, taking into consideration the best interest of the
child in conflict with the law.

Rule 51.e. Consents Required for the Contract of Diversion

The consent of the child and of the parents or guardians of the child shall be
required for the validity of a Contract of Diversion. When the consent of
either cannot obtained, the Diversion Proceedings shall be terminated, and
the case of the child shall be filed and proceed through the regular process,
in accordance with Rule 47.d herein.

Rule 51.f. Duration and Termination of the Diversion Proceedings

The diversion proceedings, at any level, shall be completed within forty-five

(45) days. Diversion proceedings are deemed terminated when:

(1) A Contract of Diversion has been entered into;

(2) The forty-five day period expires without any agreement reached;

(3) The child or the parents or guardian do not consent to a diversion;

(4) The authority conducting the diversion finds that diversion is not
applicable based on the factors enumerated in the immediately
preceding Rule.

RULE 52. Contract of Diversion

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Rule 52.a. When a Contract of Diversion May Be Entered and Nature of
Voluntary Admission

A Contract of Diversion may be entered during the Diversion Proceedings

when the child voluntarily admits the commission of the offense, as provided
in Section 26 of the Act. The voluntary admission of the child during the
diversion proceedings shall be only deemed as consent to undergo the
Diversion Program, and shall not be considered an admission of guilt.

Rule 52.b. Admission May Not be Used Against the Child

Any admission of the child shall not be used against the child in any
subsequent judicial, quasi-judicial or administrative proceedings. Neither
shall the admission be used against the child through denial of privileges and
opportunities, discrimination in treatment, or imposition of any form of
liability or punishment by reason of such admission.

Rule 52.c. Acceptance of Diversion Contract and Its Form and Content

The Contract of Diversion containing the Diversion Program shall be

effective and binding, if accepted by the child and the parents or guardian of
the child. The contract shall be in writing and signed by the:

(1) Child;

(2) Parents or guardian of the child;

(3) Authority that conducted the Diversion Proceedings (the Punong

Barangay, the law enforcement officer or the Prosecutor);

(4) Member of the BCPC assisting the Punong Barangay, in cases of

Diversion Proceedings at the Katarungang Pambarangay level; and

(5) LSWDO, in cases of Diversion Proceedings by the law enforcement

officer or by the Prosecutor.

The Contract of Diversion shall contain the individualized diversion

program, and shall stipulate the rights, responsibilities or accountabilities of
the child, the parents or guardian and the offended party, when applicable.
The Contract of Diversion places the responsibility or accountability upon
the child to restore the harm done, in view of the offense committed. As
such, the authority conducting the Diversion Proceedings shall endeavor to
obtain the agreement of the offended party in the formulation of the
individualized diversion program contained in the Contract of Diversion by:

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 (1) Explaining to the offended party the benefits of forgiveness and
diversion, and the need to reform the CICL within the auspices of the
community, instead of detention homes or rehabilitation centers, once
the CICL expresses remorse and a willingness to ask for forgiveness
from the offended party; and

(2) Assuring the offended party that the LSWDO, together with the local
government and the community, will be responsible for reforming and
monitoring the CICL through various diversion programs. However, the
acceptance of the offended party is not required for a Contract of
Diversion to be valid.

RULE 53. Formulation of the Diversion Program

Rule 53.a. Factors Considered in the Formulation

The Diversion Program shall be formulated during the Diversion

Proceedings. In the formulation of the Diversion Program, the individual
characteristics and the peculiar circumstances of the child in conflict with the
law, including but not limited to the cultural, social, economic and religious
circumstances of the child, shall be used to formulate an individualized
treatment.

Consistent with Section 30 of the Act, the following factors shall be

considered in formulating a Diversion Program for the child:

(1) Child’s feelings of remorse for the offense committed;

(2) Parents’ or legal guardians’ ability to guide and supervise the child;

(3) Victim’s view about the propriety of the measures to be imposed;

(4) Availability of community-based programs for the rehabilitation and

reintegration of the child; and

(5) Record of prior offenses, if any.

The Diversion Program shall include adequate socio-cultural and

psychological interventions and services for the child.

Rule 53.b. Kinds of Diversion Programs

As provided in Section 31 of the Act, at the different stages where diversion

may be resorted to, the Diversion Programs may be agreed upon, such as, but
not limited to:

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(1) At the level of the Punong Barangay:

(a) Restitution of property;

(b) Reparation of the damage caused;

(c) Indemnification for consequential damages;

(d) Written or oral apology;

(e) Care, guidance and supervision orders;

(f) Counseling for the child in conflict with the law and the child’s
family;

(g) Attendance in trainings, seminars and lectures on:

(i) anger management skills;

(ii) problem solving and/or conflict resolution skills;

(iii) values formation; and

(iv) other skills which will aid the child in dealing with
situations which 38 can lead to the repetition of the
offense;

(h) Participation in available community-based programs,

including community service; or

(i) Participation in education, vocation and life skills programs.

(2) At the level of the law enforcement officer and the Prosecutor:

(a) Diversion programs specified under paragraphs (1)(a) to (1)(i)

above; and

(b) Confiscation and forfeiture of the proceeds or instruments of

the crime.

(3) At the level of the appropriate Court:

(a) Diversion programs specified under paragraphs (a) and (b)

above;

(b) Written or oral reprimand or citation;

(c) Fine;

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 (d) Payment of the cost of the proceedings; or

(e) Institutional care and custody.

RULE 54. Compliance with Diversion

Rule 54.a. Reporting Obligations

The child, together with the parents or guardians, shall present themselves
to the competent authorities that imposed the Diversion Program, at least
once a month for reporting and evaluation of the effectiveness of the
program.

Rule 54.b. Supervision and Monitoring

The conduct of the Diversion Program at the law enforcement or

Prosecutor level shall be supervised by the LSWDO. The LSWDO shall
devise a monitoring and follow-up mechanism to ensure compliance with
the Contract of Diversion, particularly of the child and his or her parents
or guardian, and to determine the progress of the rehabilitation,
reintegration and the entire Diversion Program.

Rule 54.c. Failure to Comply with the Contract of Diversion

Failure to comply with the terms and conditions of the Contract of

Diversion, as certified by the LSWDO, shall give the offended party the
option to institute the appropriate legal action. In cases where there is
failure of diversion at the Barangay level, the Punong Barangay that
conducted the Diversion Proceedings, upon a finding of failure to
comply, may refer the case of the child to the law enforcement officer or
Prosecutor, as if there is no consent to the diversion, or that diversion is
not appropriate and desirable for the child, as provided in Section 29 of
the Act. In cases where the offense committed is a victimless crime, the
LSWDO that conducted the diversion proceedings, upon a finding of
failure to comply, may refer the case of the child to the Prosecutor, as if
there is no consent to the diversion or that diversion is not appropriate
and desirable for the child, as provided in Section 29 of the Act.

RULE 55. Suspension of Prescriptive Period of the Offense

Rule 55.a. During Diversion Proceedings

The period of prescription of the offense shall be suspended until the

completion of the Diversion Proceedings, but shall not exceed a period of
forty-five (45) days.

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 Rule 55.b. During Diversion Program

The period of prescription of the offense shall be suspended during the

effectivity of the Diversion Program, but shall not exceed a period of two
(2) years.

RULE 56. Diversion At the Court Level

Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the Court, and
will proceed in accordance with the Supreme Court Rule on Juveniles in
Conflict with the Law.

PART XI. PROSECUTION

RULE 57. Preliminary Investigation and Filing of Information

The Prosecutor shall conduct a preliminary investigation only in the following

cases:

(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.

Upon serving the subpoena and the Affidavit of Complaint, the Prosecutor shall
notify the counsel of choice or in his or her absence, the Public Attorney’s
Office of such service, as well as the personal information, and place of custody
of the child in conflict with the law.

RULE 58. Allegation of Torture or Ill-treatment

If there is an allegation of torture or ill-treatment of a child in conflict with the

law, during the arrest or detention or a violation of the prohibited acts, pursuant
to the Act, and these Rules, it shall be the duty of the Prosecutor to investigate
the same and initiate the corresponding legal action, whenever necessary.

RULE 59. Notice to the Counsel of Choice or the Public Attorney’s Office
(PAO)

As provided in Section 33 of the Act, upon serving the subpoena and the
Affidavit of Complaint, the Prosecutor shall notify the counsel of choice or the

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Public Attorney’s Office of such service, as well as the personal information,
and place of custody of the child in conflict with the law.

RULE 60. Upon Determination of Probable Cause

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. The Information must
allege that the child acted with discernment, based on the initial assessment of
the LSWDO.

RULE 61. When the Child is Deprived of Liberty

If the child in conflict with the law is deprived of liberty at the time the
Prosecutor assumes jurisdiction of the case, the counsel of choice or the PAO,
as the case may be, shall manifest to the Court such fact, with the objective of
obtaining an immediate Order of Release from the Court.

RULE 62. Special Training of the Prosecutor

There shall be a specially-trained Prosecutor to conduct the Preliminary

Investigation, diversion and prosecution of cases involving a child in conflict
with the law. The DOJ shall issue an administrative order identifying specially-
trained Prosecutors assigned to every Family Court or RTC.

The Prosecutors assigned to handle cases of children in conflict with the law
shall be given child-sensitivity and gender-sensitivity trainings, and other
appropriate trainings, by the DOJ, with the assistance of the DSWD.

PART XII. COURT PROCEEDINGS

RULE 63. Diversion Measures

Where the child in conflict with the law is at least fifteen (15) years and one (1)
day old but below eighteen (18) years of age, at the time of the commission of
the offense, had acted with discernment, and the maximum penalty imposed by
law for the offense with which the child in conflict with the law is charged is
imprisonment of not more than twelve (12) years, regardless of the fine, or fine
alone regardless of the amount, and before arraignment of the child in conflict
with the law, the Court shall, pursuant to the Supreme Court Revised Rule on
Children in Conflict with the Law, determine whether or not diversion is
appropriate.

RULE 64. Custody of CICL Pending Trial

Where a child is detained, the Court shall order the following:

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(1) Release of the minor on recognizance to his or her parents, and other
suitable persons;

(2) Release of the child in conflict with the law on bail; or

(3) Transfer of the minor to a Youth Detention Home or a Youth Rehabilitation

Center.

Rule 64.a. No Detention in a Jail Pending Trial

Pursuant to Section 35 of the Act, the Court shall not order the detention of
a child in a jail, pending trial or hearing of the case. Whenever commitment
is necessary, a child shall be committed to the “Bahay Pag-asa” in the
province, city or municipality, where the child resides. In the absence of a
“Bahay Pag-asa,” the child in conflict with the law may be committed to
the care of the DSWD or a licensed and/or accredited NGOs, within the
jurisdiction of the Court. The center or agency concerned shall be
responsible for the child’s appearance in Court, whenever required. A
CICL who reaches the age of eighteen (18) years while in the custody of an
institution for the youth, during the pendency of the criminal case, shall not
be transferred to a jail for adults.

Rule 64.b. Release on Recognizance

Pending Trial Children who are detained pending trial may be released on
recognizance, as provided for under Section 35 of the Act. 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 foster or therapeutic family, or in an educational setting or home.
Pursuant to Republic Act No. 10389, or An Act Institutionalizing
Recognizance as a Mode of Granting the Release of an Indigent Person in
Custody as an Accused in a Criminal Case and for Other Purposes [R.A.
10389], the release on recognizance of a CICL in custody or detention for
the commission of an offense shall be a matter of right, when the offense is
not punishable by death, reclusion perpetua, or life imprisonment;
Provided, that the CICL or any person acting on behalf of the CICL, files
the application for such release on recognizance before the Courts.

Rule 64.c. Bail and the Mitigating Circumstance of Minority

For purposes of setting the amount of bail, the Court shall always consider
the privileged mitigating circumstance of minority.

Rule 64.d. Service of Possible Maximum Period of Imprisonment

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 Pursuant to Art. 29 of the Revised Penal Code, as amended by RA 10592,
whenever a CICL has undergone preventive imprisonment, detention or
commitment for a period equal to the maximum possible period of
imprisonment for the offense charged to which the child may be sentenced,
and the case is not yet terminated, the child shall be released immediately,
without prejudice to the continuation of the trial thereof, or the proceeding
on appeal, if the case is under review. Any form of physical restraint
imposed upon the child in conflict with the law, including community
service, and commitment to an institution for the youth, shall be considered
preventive imprisonment.

RULE 65. Parents to Undergo Intervention Programs

Based on the recommendation of the Multi-Disciplinary Team of the IJISC, the

LSWDO or the DSWD, the Court may require the parents of a child in conflict
with the law to undergo counselling or any other intervention that, in the
opinion of the Court, would advance the best interest and welfare of the child.

RULE 66. Attendance of Parents in Proceedings

A Court exercising jurisdiction over a child in conflict with the law may require
the attendance of one or both parents of the child at the place where the
proceedings are to be held.

RULE 67. Automatic Suspension of Sentence

If the CICL was under eighteen (18) years of age at the time of the commission
of the offense, and was found guilty of the offense charged, the Court shall
determine and ascertain any civil liability of the parents, which may have
resulted from the offense committed. However, instead of pronouncing the
judgment of conviction, the Court shall place the child in conflict with the law
under a suspended sentence, without need of application; Provided, however,
That suspension of sentence shall still be applied or shall still be available, even
if the CICL is already eighteen years (18) of age, until the CICL reaches
twenty-one (21) years of age at the time of the pronouncement of guilt.

RULE 68. Disposition Measures

Upon the suspension of the sentence, and after considering the various
circumstances of the child, the Court shall impose the appropriate disposition
measures, as provided in the Supreme Court Revised Rule on Children in
Conflict with the Law.

RULE 69. Discharge of the Child in Conflict with the Law

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Upon the recommendation of the Social Worker who has custody of the child,
the Court shall dismiss the case against the child whose sentence has been
suspended and against whom disposition measures have been issued, and shall
order the final discharge of the child, if it finds that the objective of the
disposition measures have been fulfilled. 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.

RULE 70. Return of the Child in Conflict with the Law to the Court

If the Court finds that the objective of the disposition measures imposed upon
the child in conflict with the law has not been fulfilled, or if the child in conflict
with the law has willfully failed to comply with the conditions of the disposition
or rehabilitation program, the child in conflict with the law shall be brought
before the Court for the Execution of Judgment. If the 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 the Execution of Sentence, or to extend the suspended sentence for
a certain specified period, or until the child reaches the 27 maximum age of
twenty-one (21) years.

RULE 71. Credit in the Service of Sentence

The child in conflict with the law shall be credited in the service of his or her
sentence, with the full time spent in actual commitment and detention under this
Act. Any form of physical restraint imposed on the child in conflict with the
law, including community service, the implementation of the Diversion
Contract, and commitment to an institution for the youth, shall be considered as
preventive imprisonment for purposes of crediting the service of sentence.

RULE 72. Probation as an Alternative to Imprisonment

As provided in Section 42 of the Act, the Court may place the child on
probation, after it shall have convicted and sentenced a child in conflict with the
law, and upon the child’s application at any time, in lieu of service of sentence,
taking into account the best interest of the child. For this purpose, Section 4 of
Presidential Decree No. 968, otherwise known as the “Probation Law of 1976,”
is amended accordingly.

PART XIII. REHABILITATION AND REINTEGRATION

RULE 73. Rehabilitation and Reintegration Defined

Rehabilitation is the process of rectifying or modifying a child’s negative

attitude and behavior. It enables the child to change his or her negative behavior

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into something positive and acceptable to the community. Rehabilitation can be
implemented in the community or in a youth rehabilitation facility.

Reintegration is the process, which promotes or facilitates the acceptance of

the child back into the family and the community. Reintegration aims to heal the
victim’s and the community’s wounds that was inflicted upon them by the
offense committed by the child in conflict with the law. Rehabilitation is
integral to the process of reintegration.

RULE 74. Objectives of Rehabilitation and Reintegration

As provided in Section 44 of the Act, the objective of rehabilitation and

reintegration of children in conflict with the law is to provide them with
interventions, approaches and strategies that will enable them to improve their
social functioning, with the end goal of their reintegration as productive
members of their families and their communities. As provided in Section 54 of
the Act, the objectives of community-based programs are as follows:

(1) Prevent the separation of the child in conflict with the law from the parents
or guardians, to maintain the support system fostered by their relationship,
and to create greater awareness of their mutual and reciprocal
responsibilities;

(2) Prevent disruption in the education or means of livelihood of the child in

conflict with the law in case the child is studying, working or attending
vocational learning institutions;

(3) Facilitate the rehabilitation and mainstreaming of the child in conflict with
the law and encourage community support and involvement; and

(4) Minimize the stigma attached to the child in conflict with the law by
preventing jail detention.

The objective of residential rehabilitation is to provide children in conflict with

the law with care, protection, education and vocational skills under a structured
therapeutic environment, with the end view of reintegrating them into their
families and communities. Rehabilitation and reintegration programs should
include appropriate interventions for the family of the child.

RULE 75. Rehabilitation of Children in Conflict with the Law

Children in conflict with the law, whose sentences are suspended, may, upon
order of the Court, undergo any or a combination of disposition measures,
which are best suited to the rehabilitation and welfare of the child, as provided
in the Supreme Court Revised 39 Rule on Children in Conflict with the Law. If

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the community-based rehabilitation program is availed of by a child in conflict
with the law, the child shall be released to the parents, guardians, relatives or
any other responsible person in the community.

RULE 76. Community-Based Programs for Rehabilitation

Rule 76.a. Criteria in the Development of Programs for Community-

Based Rehabilitation

Every LGU shall establish community-based programs that will focus on

the rehabilitation and reintegration of the child in conflict with the law.
All community-based programs must comply with the criteria to be
established by the JJWC, which shall take into account the following:

(1) The purpose of the program, which is to promote the rights and
welfare of the child in conflict with the law;

(2) The need for the consent of the child and his or her parents or legal
guardians, to ensure the effectiveness of the program and the
participation and involvement of the family; and

(3) The maximum participation of the DSWD accredited child-centered

agencies located in the community where the child in conflict with
the law resides or is presently located, whether public or private.

The community-based programs that will specifically focus on the

reintegration of children in conflict with the law may include, but should
not be limited to, the existing or retained package of community-based
programs, being implemented by the LGU. The institutionalization of
new, innovative and offense-specific strategies and approaches shall
likewise be encouraged.

Rule 76.b. Implementation of Community-Based Rehabilitation

Programs

Under the supervision and guidance of the LSWDO and/or NGO social
workers, and in coordination with the parents or guardian, the child in
conflict with the law shall participate in community-based rehabilitation
programs, which shall include, but are not limited to:

(a) Psycho-social interventions;

(b) Competency and life skills development;

(c) Socio-cultural and recreational activities;

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 (d) Community volunteer projects;

(e) Leadership training;

(f) Social services;

(g) Health services;

(h) Spiritual enrichment;

(i) Family welfare services;

(j) Community services; and

(k) Continuing education programs.

Based on the progress of the CICL in the community, a Final Report will
be forwarded by the Local Social Welfare and Development Officer to
the Court for the final 38 disposition of the case.

RULE 77. Residential Rehabilitation

Rule 77.a. Where a Child May be Committed for Rehabilitation

In the event the Court finds that community-based rehabilitation is

inappropriate and deprivation of liberty through residential rehabilitation
is required, the child in conflict with the law may be committed to one of
the following:

(1) Bahay Pag-asa, as provided in RULE 80 herein;

(2) Youth Rehabilitation Center, as provided in RULE 81 herein; and

(3) Other licensed and/or accredited NGO-managed residential,

rehabilitation and training facilities.

Rule 77.b. When a Child May be Placed in Residential Rehabilitation

As provided in Section 45 of the Act, no child shall be admitted in any

rehabilitation or training facility, without a valid Order issued by the
Court, after a Hearing held for that purpose. The LSWDO and/or the
NGO Social Worker shall prepare a Social Case Study Report on the
child in conflict with the law, and shall forward this Report to the
rehabilitation facility that shall admit the child. This Report shall include
the psychological evaluation, medical records, birth certificate, school
records, and other documents necessary for planning the rehabilitation of
the child.

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RULE 78. Treatment of Children in Residential Rehabilitation

Rule 78.a. Provision of a Home Environment

As provided in Section 46 of the Act, the rehabilitation or training facility

for children in conflict with the law shall provide a home environment,
where the child can be provided with quality counseling and treatment
services. In keeping with the best interest and welfare of the child in
conflict with the law, the parents or guardians shall have a right of access
to the facility where the child was admitted.

Rule 78.b. Treatment of Female Children in Conflict with the Law

As provided in Section 47 of the Act, female children in conflict with the

law, who are placed in an institution, shall be given special attention as
regards their personal needs and problems. In consideration of their
gender needs, female children in conflict with the law shall be handled
only by female doctors, correction officers and social workers. They shall
be accommodated separately from the male children in conflict with the
law. They shall by no means receive less care, protection, assistance,
treatment and training than what the male children in conflict with the
law are receiving. The fair and equal treatment of female children in
conflict with the law shall be ensured and promoted. In areas where there
are few female children in conflict with the law, temporary homes or
shelters shall be set up, subsidized and managed by the DSWD, LGUs
and/or NGOs.

Rule 78.c. Gender-Sensitive Handling of CICL

No personnel of rehabilitation and training facilities shall handle children

in conflict with the law, without having undergone gender-sensitivity
training.

The LGU, in coordination with the DSWD, shall provide gender-

sensitivity training and other appropriate training courses, relative to the
treatment and rehabilitation of children in conflict with the law.

RULE 79. After-Care Support Services

Rule 79.a. Duration of Providing After-Care Support Services

After-care support services shall be given to CICL:

(1) Who had been discharged from an institution for the youth; or

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 (2) Whose cases had been dismissed by the proper Court because of good
behavior, according to the recommendation of the DSWD Social
Worker, the LGU, and/or any accredited NGO Youth Rehabilitation
Center. After-care support services for children in conflict with the
law shall be given for a period of at least six (6) months.

Rule 79.b. Nature and Objectives of After-Care Support Services

After-care support services, which include counseling and other

community-based services, are designed to facilitate social reintegration,
prevent re-offending and make the children productive members of the
community. These services may include but should not be limited to
seminars or workshops, life skills development, sports clinics activities,
skill and livelihood programs for future employment, and membership to
existing youth organizations that enhance and teach life skills and
positive lifestyle, and other preventive programs.

Rule 79.c. Development and Provision of the After-Care Support

Services

The after-care support services under this Rule shall be provided by the
LSWDO in the LGU where the child will reside after his or her discharge
from the center or facility. The development of these services shall
comply with the criteria set by the JJWC, as provided in the Act and these
Rules. The after-care support services shall engage the active
participation of the child and his or her parents or guardians. Licensed
and accredited NGOs may be mobilized by the LSWDO in the provision
of after-care support services.

Rule 79.d. Duty to Notify the LCPC

The LSWDO and/or the institution for the CICL concerned shall notify,
the LCPC of the LGU where the CICL resides, of the discharge of the
child or the dismissal of the case of the child, and of the fact that the
CICL is undergoing after-care services.

Rule 79.e. Guidelines on After-Care Support Services

The DSWD shall issue the guidelines on the proper implementation of

after-care support services.

PART XIV. RESIDENTIAL CARE FACILITIES FOR CHILDREN IN

CONFLICT WITH THE LAW

RULE 80. BAHAY PAG-ASA

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Rule 80.a. Description of the “Bahay Pag-asa”

A “Bahay Pag-asa” is a 24-hour child-caring institution established,

funded and managed by accredited local government units (LGUs) and
licensed and/or accredited non-government organizations (NGOs) that are
providing short-term residential care for children in conflict with the law,
who are above fifteen (15) but below eighteen (18) years of age, and who
are awaiting court disposition of their cases or transfer to other agencies
or jurisdiction. Part of the features of a “Bahay Pag-asa” is an Intensive
Juvenile Intervention and Support Center. This will cater to children in
conflict with the law, in accordance with Sections 20, 20-A and 20-B of
the Act.

Rule 80.b. Establishment of Bahay Pag-asa by LGUs

Pursuant to Section 49 of the Act, each province and highly-urbanized

city (the LGUs) shall build, operate and fund a “Bahay Pag-asa,”
following the standards to be set by the DSWD and adopted by the JJWC.
The DSWD and DPWH shall promulgate guidelines for the construction
of “Bahay Pag-asa.” A “Bahay Pag-asa” may also be established by
private and non-government 19 organizations licensed and/or accredited
by the DSWD. The privately-run “Bahay Pag-asa” shall follow the
standards set forth by the DSWD. The LGUs may enter into a Public-
Private Partnership (PPP) with non-government organizations for the
construction, operation and maintenance of a “Bahay Pag-asa,” pursuant
to existing laws. The DILG shall monitor the establishment of “Bahay
Pag-asa” in the LGUs, as well as the annual allocation of budget for its
maintenance and operations. The DSWD, in coordination with the
DPWH, shall monitor the compliance of the LGUs with the national
standards on construction, management and maintenance of the “Bahay
Pag-asa.”

Rule 80.c. Multi-Disciplinary Team (MDT)

In every “Bahay Pag-asa,” there shall be a Multi-Disciplinary Team,

composed of persons with different expertise related to the management
of cases of children in conflict with the law. The Multi-Disciplinary Team
shall be composed of, but not limited to, the following experts:

(1) Licensed Social Worker with permanent position;

(2) Psychologist or mental health professional with permanent position;

(3) Medical Doctor, who may be on retainer;

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(4) Educational or Guidance Counselor;

(5) Member of the Barangay Council for the Protection of Children

(BCPC); The Team will work together to provide the appropriate
individualized intervention plan for the child and the child’s family.

Rule 80.d. Standards for the “Bahay Pag-asa”

The DSWD, in consultation with the concerned agencies, shall develop,

review and enhance the standards for the “Bahay Pag-asa” to ensure
efficiency, effectiveness and accountability in the delivery of quality
programs and services for children in conflict with the law. Every “Bahay
Pag-asa” shall comply with the standards set forth by the DSWD. It shall
operate in a secure manner that ensures the safety and protection of
children in conflict with the law, staff and the community where it is
located. It shall engage the CICL in a helping relationship with a Team of
various disciplines in a home-like environment. Every “Bahay Pag-asa”
shall have its own Child Protection Policy and Code of Conduct for child
protection.

Rule 80.e. Intensive Juvenile Intervention and Support Center

(IJISC)

Every “Bahay Pag-asa” shall have a special program or unit called the
Intensive Juvenile Intervention and Support Center (IJISC). This unit or
facility shall address the different levels of needs of children, regardless
of age and offense committed. The IJISC shall address the needs of the
CICL who are exempted from criminal liability, but who commit serious
crimes, as referred to in Section 20-A of the Act.

Rule 80.f. Technical Assistance to the IJISC

Upon institutionalization of the IJISC program, the JJWC through the

RJJWC, shall continue to monitor and provide technical assistance to the
Multi-Disciplinary Teams (MDTs) operating the said centers.

Rule 80.g. Registration, Licensing and Accreditation of “Bahay Pag-

asa”

No “Bahay Pag-asa” shall operate without a valid registration, license and

accreditation certificate from DSWD; Provided that, a “Bahay Pag-asa”
managed by the LGUs, shall be exempt from registration and licensing,
but it shall be required to be accredited by the DSWD. Failure to comply
with the registration, licensing and accreditation requirements shall be
dealt with in accordance with Section 62 of the Act and RULE 91 herein.

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Other DSWD rules and regulations for the registration, licensing and
accreditation shall also be applicable, unless otherwise specified in these
Rules.

Rule 80.h. When and Where to apply for Registration, Licensing and
Accreditation

Applications for registration and license shall be filed with the DSWD
Field Office where the “Bahay Pag-asa” is located, except those managed
by private and non-government organizations operating in more than one
region, in which case, applications shall be filed with the DSWD
Standards Bureau, Central Office. All applications for accreditation shall
likewise be filed with the DSWD Standards Bureau, Central Office.

Rule 80.i. Monitoring of “Bahay Pag-asa”

The JJWC, through the DSWD, shall monitor the compliance of the
LGUs with the operational guidelines of the “Bahay Pag-asa”. The JJWC,
through the CHR, shall monitor the compliance of the “Bahay Pag-asa”
with 41 International Human Rights Law.

Rule 80.j. Construction of “Bahay Pag-asa”

The amount of four hundred million pesos (Php 400,000,000.00) shall be

appropriated for the construction of “Bahay Pag-asa” in provinces or
cities with high incidence of CICL. The said amount shall be coursed
through the Department of Public Works and Highways (DPWH) for its
proper implementation. The DSWD and JJWC shall issue a guideline to
determine and identify the provinces and cities with high incidence of
children in conflict with the law, for purposes of prioritizing the building
of their respective facilities of “Bahay Pag-asa.” The concerned LGUs
shall make available, from its own resources or assets, their counterpart
share of at least equivalent to the national government contribution of
Five million pesos (Php 5,000,000.00) per rehabilitation center. If the
LGU concerned has an available building, which can be used as a “Bahay
Pag asa,” the same may be used as a partial or full counterpart of the
LGU for the construction of the “Bahay Pag-asa.” The DSWD and JJWC,
in consultation with the DPWH, shall issue the appropriate guidelines in
the proper implementation of this Rule.

Rule 80.k. Funding and Operation of the “Bahay Pag-asa”

The LGU’s expected expenditures on the maintenance and operation of

the “Bahay Pag-asa” shall be included in the LGU’s annual budget.
Highly-urbanized cities and provincial governments should include a

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 separate budget for the construction and maintenance of the “Bahay Pag-
asa,” including the operation of the IJISC within the “Bahay Pag-asa.”

RULE 81. Youth Rehabilitation Center Rule

81.a. Youth Rehabilitation Center and Its Services

A Youth Rehabilitation Center (or “Youth Center”) refers to a 24-hour

residential care facility that provides children in conflict with the law
with protection, care, treatment and rehabilitation services, under the
guidance of a trained staff, where children in conflict with the law on
suspended sentence, or “residents,” are cared for under a structured
therapeutic environment, with the end view of re-integrating them into
their families and communities, as socially-functioning and productive
individuals. A Youth Center is managed by the DSWD, LGUs, or
licensed and/or accredited NGOs monitored by the DSWD, and the
preceding rules on registration, licensing and accreditation shall apply.

Rule 81.b. Progress of the Child in the Center

A Quarterly Report shall be submitted by the Youth Center to the proper

Court on the 36 progress of the children in conflict with the law. Based
on the progress of the children in the Center, a Final Report will be
forwarded to the Court for final disposition of the case.

Rule 81.c. Establishment of Youth Centers

The DSWD shall establish Youth Centers in each region of the country.
The local government and other private and non-government entities and
organizations shall collaborate with DSWD, and contribute to the
establishment, management and maintenance of these facilities. Existing
Regional Rehabilitation Centers for Youth (RRCY) established by the
DSWD in each region, shall be considered as Youth Centers. In regions
where the Youth Centers are not yet established, the DSWD shall
immediately establish a Youth Center within one (1) year from the
effectivity of the Act. 5

Rule 81.d. Registration, Licensing and Accreditation of LGU and

NGO-Managed Centers

The Rules on registration, licensing and accreditation of “Bahay Pag-

asa,” as provided in Part XIV, Rule 80.g and Rule 80.h shall apply to
Youth Centers managed by LGUs and NGOs.

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 Rule 81.e. Establishment and Maintenance of Youth Rehabilitation
Centers

The DSWD shall include in its budget plan the appropriation for the
establishment, management and maintenance of Youth Rehabilitation
Centers in each Region of the country.

RULE 82. Expenses for Care and Maintenance of the Child

Rule 82.a. Who Assumes the Expenses

The expenses for the care and maintenance of a child in conflict with the
law under institutional care shall be borne by his or her parents, or those
persons liable to support the child: Provided, That in case the parents or
those persons liable to support the child cannot pay all or part of said
expenses, the municipality where the offense was committed shall pay
one-third (1/3) of the said expenses or part thereof; the province to which
the municipality belongs shall pay one-third (1/3) and the remaining one-
third (1/3) shall be borne by the national government. Chartered cities
shall pay two-thirds (2/3) of said expenses; and in case a chartered city
cannot pay said expenses, part of the internal revenue allotments
applicable to the unpaid portion, shall be withheld and applied to the
settlement of said obligations: Provided, further, That in the event that the
child in conflict with the law is not a resident of the municipality or city
where the offense was committed, the Court, upon its determination, may
require the city or municipality where the child in conflict with the law
resides to pay for the cost and expenses for the care and maintenance of a
child in conflict with the law.

Rule 82.b. Determination of the Standard Cost of Care and

Maintenance

The costs and maintenance of a child under institutional care shall be in

accordance with the guidelines set forth by the DSWD, in consultation
with LGUs, private and licensed and/or accredited NGOs. These
guidelines shall be updated at least every five (5) years, in consideration
of the prevailing prices of commodities and the cost of living 35 in the
locality where the facility operates.

Rule 82.c. Notification and Payment of Cost of Care and

Maintenance

The DSWD, LGUs or NGOs having custody of the child either in a

“Bahay Pag-asa” or Youth Centers, shall notify the parents and the
concerned LGUs, where the offense was committed or where the child

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 resides, as the case may be, within two (2) weeks after admission,
indicating the corresponding amount needed for the care and maintenance
of the child for the duration of his or her stay in the Home or Center.
Specific instructions on the payment modes shall also be given to
facilitate the payment. If no payment is made to the receiving institutions
after three (3) notices, Rule 82.d and Rule 82.e shall apply.

Rule 82.d. If the Child is Not a Resident of the LGU

Where the Offense was Committed In the event that the child in conflict
with the law is not a resident of the municipality or city where the offense
was committed, the Court, upon its determination, may require the city or
municipality where the child in conflict with the law is a resident to
shoulder the cost of the child’s care and maintenance. Rule 82.e.
Determination of Capacity to Pay In all cases, the capacity of the child’s
parents or those persons liable to support the child, to pay all or part of
the expenses for the child’s care and maintenance, shall be determined by
the LSWDO of the city or municipality where the said child resides.

RULE 83. Agricultural Camps

The Bureau of Corrections (BUCOR), in coordination with the DSWD, may

establish, maintain, supervise and control agricultural camps and other training
facilities, where a child in conflict with the law may, after conviction and upon
order of the Court, be made to serve his or her sentence, in lieu of confinement
in a regular penal institution.

PART XV. EXEMPTING PROVISIONS

RULE 84. Status Offenses, When Not Punishable

As provided in Section 57 of the Act, any conduct not considered an offense or

not penalized if committed by an adult, shall not be considered as an offense,
and shall not be punished, if committed by a child. In the event a child is
apprehended for, or accused of, committing status offenses, law enforcement
officers have the obligation to immediately release the child to the parents,
without prejudice to intervention programs conducted by the LSWDO.

RULE 85. Exemption from Punishment from Local Ordinances 24 No penalty

shall be imposed on children for violation of the following ordinances:

(1) Juvenile status offenses such as, but not limited to:

(a) Curfew violations,

(b) Truancy,
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 (c) Parental disobedience,

(d) Anti-smoking, and

(e) Anti-drinking

(2) Light offenses and misdemeanors against public order or safety such as, but
not limited to:

(a) Disorderly conduct,

(b) Public scandal,

(c) Harassment,

(d) Drunkenness,

(e) Public intoxication,

(f) Criminal nuisance,

(g) Vandalism,

(h) Gambling,

(i) Mendicancy,

(j) Littering,

(k) Public urination, and

(l) Trespassing.

All ordinances inconsistent with the provisions of Section 57-A of the Act are
hereby modified. The LGUs shall immediately amend their existing ordinances
to make them consistent with the Act. In amending or enacting Ordinances for
the Protection of Children, the LGUs concerned shall make sure that Secondary
Intervention Programs are included in the Ordinance, for purposes of
implementing Section 57-A of the Act, as amended, and this Rule.

RULE 86. Offenses Not Applicable to Children

Rule 86.a. Exemption from Prosecution

As provided in Section 58 of the Act, all children shall be exempt from

prosecution for the following offenses, being inconsistent with the United
Nations Convention on the Rights of the Child:

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(a) Prostitution under Article 202 of the Revised Penal Code, as amended;

(b) Mendicancy under Presidential Decree No. 1563; and

(c) Sniffing of rugby under Presidential Decree No. 1619.

RULE 87. Exemption from the Application of the Death Penalty

As provided in Section 59 of the Act, the provisions of the Revised Penal Code,
as amended, Republic Act No. 9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002, and other special laws notwithstanding, no death
penalty shall be imposed upon children in conflict with the law.

PART XVI. PROHIBITED ACTS AND PENAL PROVISION

RULE 88. Labelling and Shaming

As mandated by Section 60 of the Act, in the conduct of the proceedings from

the initial contact with the child, the competent authorities must refrain from
branding or labelling children as young criminals, juvenile delinquents,
deviants, prostitutes, vagrants or other similar derogatory labels, and attaching
to them, in any manner, any other derogatory names.

“Competent authorities” under this Rule refers to persons having contact with
the child in conflict with the law, including but not limited to:

(a) Law enforcement officers;

(b) Barangay officials and employees, including members of the LCPCs;

(c) LSWDOs;

(d) Prosecutors;

(e) PAO lawyers;

(f) Judges;

(g) Court Social Workers;

(h) Personnel of “Bahay Pag-asa” and youth rehabilitation centers;

(i) Personnel of agricultural camps and other training facilities maintained,

supervised and controlled by the BUCOR; and

(j) All persons having authority to implement community-based programs for 5

intervention, diversion and rehabilitation.

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RULE 89. Acts of Discrimination

As provided in Section 60 of the Act, no discriminatory remarks and practices

shall be allowed, particularly with respect to the child’s class, including but not
limited to gender, economic or social status, physical condition, or ethnic origin.

RULE 90. Acts Prejudicial and Detrimental to the Development of the

Child

As provided in Section 61 of the Act, the following and any other similar acts
shall be considered prejudicial and detrimental to the psychological, emotional,
social, spiritual, moral and physical health, development and well-being of the
child in conflict with the law, and therefore, prohibited:

(a) Employment of threats of whatever kind and nature;

(b) Employment of abusive, coercive and punitive measures, such as cursing,

beating, stripping, and solitary confinement;

(c) Employment of degrading, inhuman and cruel forms of punishment, such as

shaving the heads; pouring irritating, corrosive or harmful substances over
the body of the child in conflict with the law; or forcing the child to walk
around the community wearing signs which embarrass, humiliate, and
degrade his or her personality and dignity; and

(d) Compelling the child to perform involuntary servitude, in any and all forms,
under any and all circumstances.

RULE 91. Other Prohibited Acts

The following acts are likewise prohibited:

(1) Violation of the confidentiality of proceedings, involving a child in conflict

with the law, as provided in Section 43 of the Act and RULE 7 of these Rules,
due to acts and omissions, such as but not limited to the following:

(a) Disclosure to the media of records, including photographs, of children

in conflict with the law;

(b) Failure to maintain a separate police blotter for cases involving

children in conflict with the law; and

(c) Failure to adopt a system of coding to conceal material information,

which will lead to the child’s identity.

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(2) Commission of prohibited acts under Section 21 of the Act and RULE 32 on
Prohibited Acts when in custody of a child.

(3) Failure to comply with the registration, licensing and accreditation

requirements under RULE 80 and RULE 80.j.

RULE 92. Violation of the Provisions of the Act or these Rules or

Regulations

Any person who violates any provision of the Act, these Rules, or any rule or
regulation promulgated in accordance with the Act, upon conviction for each act
or omission, shall 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. If the
offender is a public officer or employee, he or she shall, in addition to such fine
10 and/or imprisonment, be held administratively liable, and shall suffer the
accessory penalty of perpetual absolute disqualification.

RULE 93. Exploitation of Children for the Commission of a Crime

Pursuant to 20-C of the Act, any person who, in the commission of a crime,
makes use, takes advantage of, or profits from the use of children, including any
person who abuses their authority over the child or who, with abuse of
confidence, takes advantage of the vulnerabilities of the child, and shall induce,
threaten or instigate the commission of the crime, shall be imposed the penalty
prescribed by law for the crime committed in its maximum period. The
Philippine National Police (PNP) shall issue the necessary guidelines on how to
investigate allegations of exploitation of children for commission of crimes. The
guidelines shall also include procedures on how to handle children who are
victims of exploitation, pursuant R.A. 7610.

PART XVII. VICTIM ASSISTANCE

RULE 94. Intervention Programs for Victims

The victim and the victim’s family shall be provided with the appropriate
assistance and intervention, such as but not limited to, legal assistance and
psycho-social intervention by the appropriate agencies. The JJWC, through the
appropriate agencies, shall issue the necessary guidelines for the provision of
assistance and intervention to victims and their families, in order to ensure that
their needs are properly addressed in specific circumstances, as well as for their
proper referral, whenever necessary and appropriate. In all stages of the process

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of resolving the effects of the offense committed by the CICL, the LSWDO
shall ensure that the needs of the victims are properly addressed.

PART XVIII. BUDGET AND IMPLEMENTATION

RULE 95. Initial Funding

As provided in Section 63 of the Act, as amended, the amount necessary to

carry out the initial implementation of the Act shall be charged against the
current year’s appropriations of the JJWC under the budget of the Department
of Justice (DOJ).

RULE 96. Funding for Continued and Sustained Implementation

The sums as may be necessary for the continued implementation of this Act
shall be included in the budget of the DSWD, in the succeeding General
Appropriations Act; Provided, that such allocation for the JJWC, as an attached
agency of the DSWD, shall be treated similarly as the budget of other similar
agencies attached to the Department.

RULE 97. Resource Assistance, Donations, Grants and Contributions

The JJWC may enjoin government agencies, as well as private organizations, to

provide resource assistance to support the implementation of the Act. The JJWC
may accept donations, grants and contributions from various sources, in cash or
in kind, for purposes relevant to its functions, subject to the usual government
accounting and auditing rules and regulations.

PART XIX. DUTIES AND RESPONSIBILITIES

RULE 98. Policies and Procedures on Juvenile Justice

Pursuant to Section 10 of the Act, all member and coordinating agencies

enumerated in Section 8 of the Act shall, with the assistance of the JJWC and
within one (1) year from the effectivity of this Act, formulate, review and
enhance policies and procedures that are consistent with the standards set forth
in the Act, as amended. The policies and procedures of all government agencies
shall promote a common understanding of issues concerning juvenile justice
and welfare. As such, policies and procedures on juvenile justice and welfare of
all member and coordinating agencies shall be consistent with the standards set
forth in the Act, as amended, and with the National Juvenile Intervention
Program. The member and coordinating agencies of the JJWC shall ensure that
all their personnel who are involved in handling CARs and CICLs are properly
trained in handling CARs and CICL, in accordance with the Act, as amended,
these Rules, and their new or revised policies and procedures. The member and

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coordinating agencies shall monitor the compliance with the Act and these
Rules of the offices and agencies that are attached to their respective
Departments.

RULE 99. Duties of Member Agencies

Rule 99.a. Department of Social Welfare and Development (DSWD)

The DSWD, in addition to being the Chairperson of JJWC, shall provide

the administrative supervision over the JJWC National and RJJWC
Secretariat. It shall also review, revise, enhance existing guidelines and
standards or develop new set of standards for the establishment and
operation of “Bahay Pag-asa,” IJISC and Youth Rehabilitation Centers. It
shall also be responsible for providing capability-building activities and
technical assistance to LSWDOs and NGOs handling CAR and CICL.
DSWD shall likewise be responsible for the registration, licensing and
accreditation of “Bahay Pag-asa” and Youth Rehabilitation Centers.

Rule 99.b. Department of Justice (DOJ)

The DOJ shall coordinate with, monitor and ensure the compliance of,
duty-bearers and agencies under its supervision, such as the Public
Attorneys Office, Bureau of Corrections, Parole and Probation
Administration, National Bureau of Investigation and National
Prosecution Service, in the implementation of the Act, as amended, and
these Rules. 56

Rule 99.c. Department of Education (DepEd)

The DepEd shall review, revise and enhance its Child Protection Policy
and other existing policies, procedures and programs to make them
consistent with the Act and these Rules, and monitor its implementation,
to ensure that the public and private schools perform their role in juvenile
intervention and delinquency prevention. The DepEd shall also provide
technical assistance and build the capacity of educational and guidance
counsellors, who will perform the tasks as Members of the Multi-
Disciplinary Teams (MDTs) of the “Bahay Pag-asa.”

Rule 99.d. Department of the Interior and Local Government (DILG)

The DILG shall coordinate with, monitor the compliance of, and provide
technical assistance to, coordinating agencies under the DILG, such as the
PNP, BJMP and the LGUs, from the Barangay to the Provincial level, to
ensure the effective implementation of this Act and these Rules.

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Rule 99.e. Council for the Welfare of Children (CWC)

The CWC shall integrate the objectives of the Act, in the formulation of
its national policy and programs for the development of children, and
assist the JJWC in coordinating with, and advocating for, the integration
of juvenile intervention in the programs and policies of other government
agencies and non-government organizations.

Rule 99.f. Commission on Human Rights (CHR)

The CHR, as a member agency, through its Child Rights Center (CRC),
shall ensure that the status, rights and interests of children are upheld, in
accordance with the Constitution and international instruments on human
rights. The CHR shall strengthen the monitoring of government
compliance with 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 organizations.
In particular, the CHR, shall:

(a) Investigate human rights violations against children;

(b) Initiate legal action for and on their behalf;

(c) Conduct jail and institution visitation;

(d) Conduct advocacy activities;

(e) Implement core programs on children;

(f) Conduct capacity-building activities to ensure the recognition,

promotion and effective exercise of children’s rights; and

(g) Participate in the practice of inter-agency cooperation that will widen

the system and enhance the resources available to the child rights
promotion and protection network at the regional level.

Rule 99.g. National Youth Commission (NYC)

The NYC shall coordinate with youth organizations, government

agencies and non-government organizations, in the implementation of the
policies and programs on juvenile intervention and delinquency
prevention.

Rule 99.h. Department of Health (DOH)

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The DOH shall formulate and implement policies and guidelines that will
ensure the timely and free provision and delivery of medical services to
all children in conflict with the law, whether community-based or center-
based. It shall also develop and implement programs to ensure the mental,
psychological and physical health of the children. The DOH shall also
provide technical assistance and/or assign medical doctors to perform the
tasks as members of the Multi-Disciplinary Teams in the “Bahay Pag-
asa.”

Rule 99.i. NGO Members of the Council:

The NGO members of the JJWC shall:

1. Actively participate in the formulation and implementation of policies

and programs to support the Juvenile Justice and Welfare Act, as
amended;

2. Mobilize NGOs to monitor government compliance with obligations

embodied in international conventions and treaties ensuring that the
rights of CICL and CAR are upheld;

3. Conduct capability-building activities for government (including

LGUs) and NGOs on 17 Childs' Rights and in the proper handling of
CICL, in partnership with other NGOs;

4. Gather, consolidate and share information, data, best practices, studies

and documentation on the Juvenile Justice System;

5. Consult with, and disseminate to, other NGOs and network partners on
related policies and guidelines, through the conduct of roundtable
discussions, fora and symposia; and

6. Convene periodic and special consultations with civil society

organizations to:

a) Discuss significant issues related to interventions being provided to

the CICL and CAR;

b) Serve as the feedback or monitoring mechanism for the

implementation of the Act and these Rules;

c) Solicit views and ensure that the participatory rights of the child are
respected on matters related to policy formulation and program
implementation; and

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 d) Present and endorse to the Council the results of these
consultations.

Rule 99.j. Different LGU Leagues

The different member LGU Leagues of the JJWC, such as the League of
Provinces, Cities, Municipalities and Barangays, shall issue the necessary
resolutions and monitor their member LGUs, to ensure their
implementation of, and compliance with, the Act, as 39 amended, and
these Rules. The different LGU Leagues shall also closely coordinate and
cooperate with other member agencies of the JJWC, in the development
and implementation of their Comprehensive Local Juvenile Intervention
Programs (CLJIP).

RULE 100. Coordinating Agencies

Rule 100.a. Philippine National Police (PNP)

The Philippine National Police (PNP) shall:

(1) Review, revise and enhance existing policies and manuals for the
administration of the Juvenile Justice and Welfare System by law
enforcement officers to ensure that they are consistent with the Act,
as amended, and these Rules;

(2) Regulary conduct special training to its personnel in the management

of children in conflict with the law and the proper observance of
procedures prescribed by the Act and these Rules;

(3) Establish a system of evaluating the efficiency and effectiveness of all

police units in the country in handling children in conflict with the
law;

(4) Ensure that all police stations in the country have:

(a) An area where the children taken into custody are kept separate
from adult offenders;

(b) A separate logbook for all children taken into custody; and

(c) Personnel who are specially-trained to handle and manage cases

of children in conflict with the law;

(5) Submit to the JJWC, through the DILG, within ninety (90) days from
the effectivity of the Act, a registry of all children in conflict with the
law under its custody.

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Rule 100.b. Bureau of Corrections (BUCOR)

The Bureau of Corrections shall establish, maintain, supervise and

manage agricultural camps and other training facilities, in coordination
with the DSWD, where children in conflict in the law may be committed
to serve their sentence, as provided in Section 51 of the Act.

Rule 100.c. Bureau of Jail Management and Penology (BJMP)

To ensure the effective implementation of the Act and these Rules, the
Bureau of Jail Management and Penology shall perform the following
functions:

(1) Ensure that no children are admitted or detained in municipal/district

or city/district jails under its management;

(2) Immediately refer to the DSWD or the LSWDO children who are
found to be in the custody of municipal/district or city/district jails;
and

(3) Submit to the JJWC, within ninety (90) days from the effectivity of
the Act, a registry of all children in conflict with the law under its
custody.

Rule 100.d. National Bureau of Investigation (NBI)

To assist in the effective implementation of the Juvenile Justice and

Welfare System, the National Bureau of Investigation shall conduct
regular capability-building activities and performance evaluation, to
ensure that its agents observe the proper procedure upon contact with a
child in conflict with the law, as prescribed by the Act and these Rules.

Rule 100.e. Parole and Probation Administration (PPA)

The Parole and Probation Administration shall develop individualized

probation programs that are appropriate for the correction and
rehabilitation of children in conflict with the law, consistent with the
objective of rehabilitation and reintegration, as provided in the Act and
these Rules. The PPA shall also review and revise its existing policies on
children in conflict with the law, to ensure that they are consistent with
the Act and these Rules.

Rule 100.f. Public Attorney’s Office (PAO)

The Public Attorney’s Office shall provide free legal assistance to

children in conflict with the law. It shall also give special training to its

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 lawyers in the management of cases and in using gender- and child-
sensitive approaches, in handling children in conflict with the law.

Rule 100.g. Technical Education and Skills Development Authority

(TESDA)

The Technical Education and Skills Development Authority, consistent

with its mandate under Republic Act No. 7796, shall:

(1) Integrate into the formulation of the National Technical Education and
Skills Development Plan, the development of programs for children
in conflict with the law;

(2) Fund programs and projects for technical education and skills
development of children, and submit periodic reports to the JJWC on
this matter; and

(3) Assist LGUs in the conduct of skills development programs for

children in conflict with the law.

RULE 101. Mandatory Registry of Children

All duty-bearers, which include, but are not limited to, the barangay/BCPC
workers, law enforcement officers, jail and correctional officers, teachers,
Guidance Counselors, Social Workers and Prosecutors, who will receive
reports, handle or refer cases of CICL/CAR, take or refer the custody of
CICL/CAR, shall ensure a faithful recording of all pertinent information of all
CICL and CAR, in order to guarantee the correct application of the provisions
of the Act. This rule, however, is without prejudice to the provision on
Confidentiality of Records and Proceedings, as stated in Section 43 of the Act
and RULE 7 of these Rules. Information about individual CICL recorded in the
information management system shall not be used in any legal and/or
administrative proceedings against the CICL. Collective information and
statistics generated from the system shall only be used for research, policy,
program development, monitoring and evaluation purposes. The JJWC and its
member agencies and organizations shall issue the necessary guidelines for the
implementation of this Rule.

PART XX. FINAL PROVISIONS

RULE 102. Repealing Clause

All other rules and regulations or parts thereof, inconsistent with the Act and the
foregoing rules and regulations are hereby repealed, amended or modified
accordingly.

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RULE 103. Separability Clause

If any of the provisions of these Rules is declared invalid or unconstitutional,

the validity of the remaining provisions hereof not so declared, shall remain in
full force and effect.

RULE 104. Transitory Provisions

Rule 104.a. Transfer of JJWC Assets from the DOJ to the DSWD

All assets, including vehicle/s, land and improvements, IT equipment,

supplies and furniture, procured by the Department of Justice (DOJ) for
the Juvenile Justice and Welfare Council (JJWC) shall be transferred
from the DOJ to the Juvenile Justice and Welfare Council, as an attached
agency of the Department of Social Welfare and Development (DSWD),
and placed under the latter’s administrative jurisdiction, within ninety
(90) days from the effectivity of these Rules, pursuant to Section 8 of the
Act. Other assets that are already included in the 2014 Procurement Plan
of the DOJ, such as the JJWC vehicle and other IT equipment, shall be
immediately procured and be included in the assets for transfer to the
DSWD for the JJWC. If the said assets are not procured within ninety
(90) days from the effectivity of these Rules, the DOJ shall cancel the
procurement process and the budget allocated for the procurement of the
said assets, shall be included in the total amount of budget allocation
which will be transferred from the DOJ to the DSWD, and shall be
subsequently procured by the DSWD for the JJWC.

Rule 104.b. Transfer of Personnel and Plantilla Items

Pursuant to the creation of the Juvenile Justice and Welfare Council and
its attachment to the DSWD, pursuant to Section 8 of the Act, as
amended, the Juvenile Justice and Welfare Council shall be treated as an
attached agency of the DSWD. The Secretary of Social Welfare and
Development shall determine the organizational structure and staffing
pattern of the JJWC National Secretariat and Regional Secretariat
pursuant to Section of the Act, as amended; Provided, that the existing
plantilla items created under the DOJ for the JJWC, including the existing
personnel holding such permanent plantilla items, shall be transferred
from the DOJ to the JJWC National Secretariat under the DSWD, without
diminution in rank, salary, benefits and with continuity of service;
Provided further, that the length of service of JJWC personnel under his
or her permanent appointment with the JJWC shall be counted and
considered for purposes of step increments, application for study leaves,

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 scholarship grants and other benefits, under the applicable DSWD and
Civil Service Rules.

Rule 104.c. Transfer of Budget

The budget allocated for the JJWC under the 2014 GAA of the DOJ shall
be transferred to the DSWD after the promulgation of these Rules. The
said transfer shall be made in consultation with the DBM, and according
to the applicable laws and policies for the transfer of government funds
and budget. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be transferred and included in the budget
of the DSWD, under the annual General Appropriations Act (GAA). The
budget of the DSWD under the GAA shall clearly indicate and identify
the budget for the JJWC as an attached agency of the DSWD.

RULE 105. Effectivity

These Rules shall take effect fifteen (15) days from the date of its complete
publication in a national newspaper of general circulation. Manila, Philippines,
11th August, 2014.

HON. LEILA M. DE LIMA

Secretary, Department of Justice
JUVENILE JUSTICE AND WELFARE COUNCIL MEMBERS

HON. PARISYA H. TARADJI

Undersecretary/Chair, Department of Social Welfare and Development

HON. LEAH C. TANODRA-ARMAMENTO

Undersecretary, Department of Justice

HON. AUSTERE A. PANADERO

Undersecretary, Department of the Interior and Local Government

HON. ALBERTO T. MUYOT

Undersecretary, Department of Education

HON. MA. VICTORIA V. CARDONA

Commissioner, Commission on Human Rights

HON. BRENDA S. VIGO

Executive Director, Council for the Welfare of Children

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 HON. GREGORIO RAMON A. TINGSON
Chairperson, National Youth Commission

HON. LEON GERMAN FLORES III

Chairperson, National Youth Commission
(March 2011 – May 2014)

HON. JANETTE L. GARIN

Undersecretary, Department of Health
HON. CARIN VAN DER HOR
Country Director, Plan International

HON. Atty. MYRIAM P. CABANA

Program Manager, SALAG, Inc.

HON. GOVERNOR ALFONSO UMALI

National President, League of Provinces of the Philippines

HON. MAYOR HERBERT M. BAUTISTA

National President, League of Cities of the Philippines

HON. MAYOR LEONARDO M. JAVIER, JR.

National President, League of Municipalities of the Philippines

HON. EDMUND R. ABESAMIS

National President, Liga ng mga Barangay ng Pilipinas

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