FINAL-COVERAGE-IN-JUVENILE

Development of Juvenile Justice in the Philippines

Key Legislation affecting Juvenile Justice

  • PD 1619 – Volatile Substance Law

  • PD 603 – Child and Youth Welfare Code

  • EO 209 – The Family Code of the Philippines

  • RA 10630 – Amends RA 9344 (Juvenile Justice and Welfare Act)

  • RA 6809 – Lowers age of majority from 21 to 18

  • RA 7610 – Anti-Child Abuse Law

  • RA 8043 – Inter-country Adoption Law

  • RA 8044 – Created the National Youth Commission

  • RA 8369 – Established the Family Court

  • RA 8552 – Domestic Adoption Law

  • RA 9208 – Anti-Trafficking in Persons Act of 2003

  • RA 9211 – Tobacco Regulation Law

  • RA 9231 – Amends RA 7610 on working children

  • RA 9255 – Law on the use of father's surname for illegitimate children

  • RA 9262 – Anti-Violence Against Women and their Children Act of 2004

  • RA 9344 – Juvenile Justice and Welfare Act of 2006

  • RA 9523 – Amends adoption laws

  • RA 9775 – Anti-Child Pornography Act

Important Provisions of RA 9523

  • RA 9523 grants DSWD sole authority to certify a child as legally available for adoption.

  • Approved on March 12, 2009, amends provisions of RA 8552 and RA 8043.

Important Provisions of RA 7610

  • RA 7610 provides special protection against child abuse, exploitation, and discrimination.

  • Commonly known as the Anti-Child Abuse Act; approved on June 17, 1992.

  • Amended by RA 7658 (approved on November 9, 1993) regarding working children and later by RA 9231.

Forms of Child Abuse under RA 7610

  1. Cruelty – Actions that demean the child’s dignity.

  2. Neglect – Failure to provide basic needs due to reasons other than poverty.

  3. Physical Injury – Any serious bodily harm including fractures, severe injuries, etc.

  4. Psychological Injury – Harm to mental functioning, leading to anxiety or aggressive behavior.

  5. Sexual Abuse – Involvement in sexual acts through coercion; molestation or incest.

Child Prostitution

  • Defined as the exploitation of children for sexual activity in exchange for money or consideration.

Criminal Liability for Child Prostitution

  • Those liable include parents, guardians, facilitators, and clients of child prostitution.

Obscene Publications and Indecent Shows

  • Involves using children as performers in obscene acts.

Child Protection in Armed Conflict

  • Rights of children to priority during evacuations and protection from recruitment or attacks.

Important Provisions of RA 9208 - Anti-Trafficking in Persons Act of 2003

  • Approved on May 26, 2003.

  • Defines trafficking in persons as recruitment, transportation, transfer, or harboring for exploitation.

  • Child trafficking does not require the means set forth for adults.

Qualified Trafficking Conditions

  • When the trafficked individual is a child, or if adoption is for exploitative purposes.

  • Involves key offenders such as guardians or public officers.

Definitions Relevant to Trafficking

  • Relative Forced Labor and Slavery: Coerced labor through violence or deception.

  • Sex Tourism: Organized programs encouraging child exploitation.

  • Debt Bondage: Pledging personal services as debt security.

Important Provisions of RA 9231 - Law Prohibiting Worst Forms of Child Labor

  • Amends RA 7160 and RA 7658. Approved on December 19, 2003.

Employment Restrictions

  • Children under 15: Restricted employment except in specific conditions relating to working under parental supervision or public participation with DOLE approval.

  • Work permits and contracts are mandatory for working children.

Prohibitions for Children in Advertising

  • Employment in advertisements promoting alcohol, tobacco, or violence is strictly prohibited.

Important Provisions of RA 9262 - Anti-Violence Against Women and Their Children Act of 2004

  • Approved on March 8, 2004.

  • Covers acts of violence against women and children, defining physical, sexual, psychological, and economic abuse.

Types of Violence Defined

  • Physical Violence: Bodily harm.

  • Sexual Violence: Sexual acts against one’s will.

  • Psychological Violence: Causes mental or emotional suffering.

  • Economic Abuse: Actions leading to financial dependency.

Protection Orders under RA 9262

  1. Barangay Protection Order (BPO) - 15 days, issued at the local level.

  2. Temporary Protection Order (TPO) - 30 days, court-ordered.

  3. Permanent Protection Order (PPO) - Issued after due process in court.

Important Provisions of RA 9775 - Anti-Child Pornography Act of 2009

  • Amends provisions related to obscene publications; aims to protect children from exploitation through pornography.

Definitions in the Anti-Child Pornography Act

  • Child Pornography: Any depiction of a child engaged in explicit sexual act, visual or otherwise.

  • Syndicated Child Pornography: Involves multiple conspirators.

  • Grooming: Preparing a child for sexual abuse through various means.

Philippine Juvenile Justice System: RA 9344

  • Approved on April 28, 2006, effective May 20, 2006.

  • Repealed sections of the Revised Penal Code related to juveniles.

Key Concepts in RA 9344

  • Juvenile Justice and Welfare System: Ensures child-appropriate proceedings, emphasizing rehabilitation.

  • Restorative Justice: Seeks reparation for victims and reintegration for offenders.

Key Structures

  • Bahay Pag-asa: Institutions for children in conflict with the law (15 to 18 years), awaiting legal processes. Operated by multi-disciplinary teams.

  • Best Interest of the Child: Focus in all proceedings to support development and protection of the child.

Rights of Children in Conflict With the Law

  1. Protection from capital punishment or life imprisonment.

  2. Detention as a last resort, for the shortest time.

  3. Separation from adult offenders.

  4. Right to be searched only by same-gender officials.

  5. Avoidance of handcuffs unless necessary.

  6. Parental or guardian presence during interactions.

  7. Eligible for diversion programs when qualified.

  8. Right to privileged and confidential proceedings.

Minimum Age of Criminal Responsibility

  • Children 15 and below are exempt from criminal liability, must undergo intervention.

  • Ages 15-18 can be liable if discernment is present; otherwise, intervention applies.

Diversion Programs and Community-Based Initiatives

  • Comprehensive intervention programs at local levels, addressing root causes and preventing entry into the justice system.

  • Types of Interventions:

    1. Primary - Promote social justice and opportunity.

    2. Secondary - Assist at-risk children.

    3. Tertiary - Prevent unnecessary contact with formal systems.

Effective Delinquency Prevention Strategies

  1. General Deterrence: Threats of punishment deter delinquency.

  2. Specific Deterrence: Severe punishment prevents repeat offenses.

  3. Situational Deterrence: Reducing opportunities for committing crimes.

Programs to Support Youth and Families

  1. Educational Models: Increase awareness of consequences related to crime and drugs.

  2. Community Involvement: Youth groups encourage positive interactions.

  3. Parent-Child Interaction Programs: Reduce negative behaviors in children.

  4. Functional Family Therapy: Encourages positive family dynamics.