Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.
Module 4: The New Hope for Juvenile
Delinquents & Restorative Justice 4
Overview:
This Instructional Material is intended primarily for criminology students enrolled in the
subject Juvenile Delinquency and Juvenile Justice System. Emphasis is placed on Glimpse on
Republic Act No. 9344; Declaration of State Policy; Principles in the Administration of Juvenile
Justice and Welfare and Restorative Justice which covers the following topic (a) Minimum Age of
Criminal Responsibility; (b) Intervention; (c) Diversion and (d) Factors in Determining Diversion
Program.
This topic of these modules presents an introduction about Republic Act 9344, the diversion of
children in conflict with the law, the proper procedures granted upon juvenile delinquents, as well as
the rehabilitation and reintegration of juvenile delinquents. Furthermore, the progress check is
provided at the end of these modules.
Learning Objectives:
1. Identify The New Hope for Juvenile Delinquents;
2. Be acquainted with the Declaration of State Policy of juvenile delinquent;
3. Determine the Principles in the Administration of Juvenile Justice and Welfare
4. Explain the purpose of Restorative Justice
5. Explain Diversion programs and its contributing factors to juvenile delinquent.
1 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.
The New Hope for Juvenile
Delinquents
“The child must know that he is a miracle, that since the beginning of the world there hasn’t been,
and until the end of the world there will not be, another child like him.”
By: Pablo Casals
1.1 A Glimpse on Republic Act No. 9344
“An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating
the Juvenile Welfare Council under the Department of Justice, Appropriating Funds
Therefore and for other Purposes”
This Act shall be known as the “Juvenile Justice and Welfare Act of 2006.” It shall
cover the different stages involving children at risk and children in conflict with the law
from prevention to rehabilitation and reintegration.
Republic Act 9344 is the first juvenile law that protects the rights of children in conflict
with the law (CICL). This provides them the opportunity and chance, thru alternative
child-friendly measures, to be reformed and reintegrated into their family and community
as a productive member of society. Juveniles in conflict with the law are victims of
circumstances beyond their control who should be treated as individuals with a problem
who need help and need to be providing with appropriate assistance and services to
ensure the full protection of their rights for survival, protection, development and
participation.
Declaration of State Policy
The following State policies shall be observed at all times:
a. 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 (Phil. Constitution Art. 2, Sec.13)
b. 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
2 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.
Philippines is a party. Proceedings before any authority shall be conducted in the best interest
of the child and in manner which allows the child to participate and to express himself/herself
freely. The participation of children in the program and policy formulation and
implementation related to juvenile justice and welfare shall be ensured by the concerned
government agency.
c. The State likewise recognizes the right of children to assistance, including proper care and
nutrition, and nutrition, and special protection from all forms of neglect, abuse, cruelty, and
exploitation, and other conditions prejudicial to their development.
d. Pursuant to Article 40 of the United Nations Convention on the Rights of the child, the State
recognize 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
his/her reintegration. Whenever appropriate and desirable, the state shall adopt measures for
dealing with such children without resorting to judicial proceedings, providing that human
rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a
manner appropriate to their well-being by providing for, among others, a variety of
disposition measures such as care, guidance and supervision orders, counseling, probation,
foster care, education and vocational training programs and other alternatives to institutional
care.
e. 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.
f. The State shall apply the principles of restorative justice in all its laws, policies and programs
applicable to children in conflict with the law (Sec. 2, RA 9344).
3 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.
1.2 Principles in the Administration of Juvenile Justice and Welfare 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 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/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 of his/her age.
e. The right to prompt access legal and other appropriate assistance, as well as the right to
challenge the legality before a court or other competent, independent and impartial authority,
and to a prompt decision on such action;
f. The right to bail and recognizance, in appropriate cases;
g. The right to testify as a witness in his/her own behalf under the rule on examination of a child
witness;
h. The right to have his/her privacy respected fully at all stages of the proceedings;
i. The right to diversion if he/she is qualified and voluntarily avails of the same;
j. The right to be imposed a judgment in proportion to the gravity of the offense where his/her
best interest, the rights of the victim and the needs of society are all taken into consideration
by the court, under the principle of restorative justice;
k. The right to have restrictions on his/her personal liberty limited to the minimum, and where
the discretion is given by law to the judge to determine whether to impose fine or
imprisonment, the imposition of fine being preferred as the more appropriate penalty;
4 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.
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.
1.3 Restorative Justice
Definition:
Restorative Justice – is the right way of resolving conflicts with the maximum involvement of the
victim, offender and the community with the end goal of healing and resolution and reintegration of
the offender into the society.
Minimum Age of Criminal Responsibility
A child fifteen (15) years of age or under at a time of the commission of the offense shall
be exempt from criminal liability. However, the child shall be subjected to an intervention
program pursuant to Section 20 of this Act (Sec.6).
A child above fifteen (15) years and below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless he/she has
acted with discernment, in which case , such child shall be subjected to the appropriate
proceedings in accordance with this Act. Exemption from criminal liability herein established
does not include exemption from civil liability, which shall be enforced in accordance with
existing laws.
Intervention
Definition:
Intervention – refers to a series of activities designed to address issues that caused the child to
commit an offense. It may take an individualized treatment program which includes counseling, skills
training, education, and other activities that will enhance his/her psychological, emotional and
psycho-social well-being.
5 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.
The intervention programs involve the case management process to include assessment,
planning, implementation, monitoring and evaluation. This will ensure careful and in-depth study of
the case to ensure its proper handling and the provision of appropriate programs and services.
1.4 Diversion
Definition:
Diversion – refers to an alternative process in determining the responsibility and treatment of children
in conflict with the law without resorting to formal court proceedings. Its mechanisms include
conferencing, mediation and counseling. This is however, done in order to prevent the imprisonment
of juvenile delinquent.
Factors in Determining Diversion Program
The following factors shall be taken into consideration in diversion:
a. The nature and circumstances of the offense charged;
b. The frequency and severity of the act;
c. The circumstances of the child (e.g. age, maturity, intelligence etc.);
d. The influence of the family and environment on the growth of the child;
e. The reparation of injury to the victim;
f. The weight of the evidence against the child;
g. The safety of the community; and
h. The best interest of the child.
In formulating a diversion program, the individual characteristics and the peculiar circumstances
of the child in conflict with the law shall be used to formulate an individualized treatment. The
following factors shall be considered in formulating a diversion program for the child:
a. The child’s feelings of remorse for the offense he/she committed;
b. The parent’s or legal guardians’ ability to guide and supervise the child;
c. The victim’s view about the propriety of the measures to be imposed; and
d. The availability of community-based programs for rehabilitation and reintegration of the
child.
6 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.
Kinds of Diversion Program
The diversion program shall include adequate socio-cultural and psychological responses and
services for the child. At the different stages where diversion may resorted to, the following
diversion programs may be agreed upon, such as, but not limited to:
A. AT THE LEVEL OF THE PUNONG BARANGAY:
1. Restitution of property;
2. Reparation of the damage caused;
3. Indemnification for consequential damages;
4. Written or oral apology;
5. Care, guidance and supervision orders;
6. Counseling for the child in conflict with the law and the child;
7. Attendance in trainings, seminars and lectures on:
7.1 anger management skills;
7.2 problem solving and/or conflict resolution skills;
7.3 values formation; and
7.4 Other skills which will aid the child in dealing with situations which can lead to
repetition of the offense.
8. Participation in available community –based programs, including community service;
9. Participation in education, vocation and life skills programs.
B. AT THE LEVEL OF THE LAW ENFORCEMENT OFFICERS AND THE
PROSECUTOR:
1. Diversion programs specified under paragraphs A 1-9 herein;
2. Confiscation and forfeiture of the proceeds or instruments of the crime;
C. AT THE LEVEL OF THE APPROPRIATE COURT:
1. Diversion programs specified under paragraphs A and B above;
2. Written or oral reprimand or citation;
3. Fine;
4. Payment of the cost of the proceedings;
5. Institutional care and custody.
7 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.
Concept Check: No. 4 Score:______
Name:____________________ Yr.& Sec:___________ Date:______
Directions: Explain and elaborate the given questions below using your own word, Font
size: New Times Roman, 12, and 1.5 spacing, observe proper margins and correct usage
of grammar.
1. What are the significance/roles of R.A. No. 9344 in relation to the Juvenile
Delinquency and Juvenile Justice System? (20pts.)
_________________________________________________________________
_________________________________________________________________
________________________________________.
2. Given the Declaration of State Policy of Juvenile Delinquent, choose two
policies and explain its essence in administering the juvenile justice system.
(30pts.)
_________________________________________________________________
_________________________________________________________________
________________________________________.
3. Based on the Principles in Administration of Juvenile Justice Welfare
Rights of the child in conflict with the law, Cite at least three rights and
explain why it must be prioritized among other rights. (30 pts.)
_________________________________________________________________
_________________________________________________________________
________________________________________.
4. Distinguished the differences and similarities of Restorative Programs
from Diversion Program of Juvenile Delinquent. (20 pts.)
_________________________________________________________________
_________________________________________________________________
________________________________________.
8 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.
FEEDBACK:
Hello there my students! You have already finished Module 4 of our subject. In
this module, you were exposed to the declaration and principles of Juvenile Justice so that
in return you will gain knowledge and apply those theories in your future profession as
Criminologists.
Look back at the declaration and principles of Juvenile Justice, Do you
understand it already? If not, then we will explore this subject in the next modules. Just be
patient in reading the modules and you will learn a lot from this subject.
Congratulations so far!
SUMMARY:
To aid you in reviewing the concept in this module, here are the highlights:
Republic Act 9344 is the first juvenile law that protects the rights of children in conflict
with the law (CICL).
Restorative Justice – is the right way of resolving conflicts with the maximum
involvement of the victim, offender and the community with the end goal of healing and
resolution and reintegration of the offender into the society.
Minimum Age of Criminal Responsibility - A child fifteen (15) years of age or under at
a time of the commission of the offense shall be exempt from criminal liability. However,
the child shall be subjected to an intervention program pursuant to Section 20 of this Act
(Sec.6).
Intervention – refers to a series of activities designed to address issues that caused the
child to commit an offense.
Diversion – refers to an alternative process in determining the responsibility and treatment
of children in conflict with the law without resorting to formal court proceedings.
Kinds of Diversion Program
A. AT THE LEVEL OF THE PUNONG BARANGAY:
1. Restitution of property;
2. Reparation of the damage caused;
3. Indemnification for consequential damages;
9 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.
4. Written or oral apology;
5. Care, guidance and supervision orders;
6. Counseling for the child in conflict with the law and the child;
7. Attendance in trainings, seminars and lectures on:
7.1 anger management skills;
7.2 problem solving and/or conflict resolution skills;
7.3 values formation; and
7.4 Other skills which will aid the child in dealing with situations which can lead
to repetition of the offense.
8. Participation in available community –based programs, including community
service;
9. Participation in education, vocation and life skills programs.
B. AT THE LEVEL OF THE LAW ENFORCEMENT OFFICERS AND THE
PROSECUTOR:
1. Diversion programs specified under paragraphs A 1-9 herein;
2. Confiscation and forfeiture of the proceeds or instruments of the crime;
C. AT THE LEVEL OF THE APPROPRIATE COURT:
1. Diversion programs specified under paragraphs A and B above;
2. Written or oral reprimand or citation;
3. Fine;
4. Payment of the cost of the proceedings;
5. Institutional care and custody.
10 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.
SUGGESTED READINGS:
To further your understanding on some of the topics, you can refer to the following links:
https://www.unafei.or.jp/publications/pdf/RS_No101/No101_17_IP_Philippines.pdf
https://study.com/academy/lesson/history-of-juvenile-delinquency.html.
https://jjwc.gov.ph/wp-content/uploads/2020/06/Comprehensive-National-Juvenile-
Intervention-Program-CNJIP.pdf
REFERENCES:
Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s Books
Trading, Inc.
Ricardo M. Guevara, et.al. Juvenile Delinquency and Crime Prevention. Wiseman’s Books
Trading, Inc. Quezon City, Philippines.
-----------------------------------Thank You for Reading!!!-------------------------------------------
11 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
Wiseman’s Books Trading, Inc.
