Juvenile Justice and Welfare Act of 2006

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Republic Act No. 9344, also known as the Juvenile Justice and Welfare Act of 2006 (full text), is an act establishing a comprehensive juvenile justice and welfare system, creating the Juvenile Justice and Welfare Council under the Department of Justice. R.A. 9344 is a consolidation of Senate Bill No. 1402 and House Bill No. 5065, passed by the Senate and House of Representatives on 22 March 2006. It was signed into law by President Gloria Macapagal-Arroyo on 28 April 2006.

Rule of construction. In case of doubt, the interpretation of any of the provisions of the Juvenile Justice and Welfare Act of 2006, including its implementing rules and regulations (IRRs), shall be construed liberally in favor of the child in conflict with the law.[1]

Diversion Program

Role of Different Sectors

The Family. The family shall be responsible for the primary nurturing and rearing of children which is critical in delinquency prevention. As far as practicable and in accordance with the procedures of the Juvenile Justice and Welfare Act of 2006, a child in conflict with the law shall be maintained in his/her family.[2]

Educational System. Educational institutions shall work together with families, community organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of child in conflict with the law. Schools shall provide adequate, necessary and individualized educational schemes for children manifesting difficult behavior and children in conflict with the law. In cases where children in conflict with the law are taken into custody or detained in rehabilitation centers, they should be provided the opportunity to continue learning under an alternative learning system with basic literacy program or nonformal education accreditation equivalency system.[3]

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, therefore, have the duty to maintain the highest critical and professional standards in reporting and covering cases of children in conflict with the law. In all publicity concerning children, the best interest of the child should be the primordial and paramount concern. Any undue, inappropriate and sensationalized publicity of any case involving a child in conflict with the law is hereby declared a violation of the child’s rights.[4]

Establishment and Strengthening of Local Councils for the Protection of Children. Local Councils for the Protection of Children (LCPC) shall be established in all levels of local government, and where they have already been established, they shall be strengthened within one (1) year from the effectivity of this Act. Membership in the LCPC shall be chosen faom among the responsible members of the community, including a representative eom the youth sector, as well as representatives from government and private agencies concerned with the welfare of children. The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for the adoption of a comprehensive plan on delinquency prevention, and to oversee its proper implementation. One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be allocated for the strengthening and implementation of the programs of the LCPC: Provided, That the disbursement of the fund shall be made by the LGU concerned.[5]

Appointment of Local Social Welfare and Development Officer. All LGUs shall appoint a duly licensed social worker as its local social welfare and development officer tasked to assist children in conflict with the law.[6]

The Sangguniang Kabataan. The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the formulation. and implementation of juvenile intervention and diversion programs in the community.[7]


References

  1. Republic Act No. 9344, also known as the Juvenile Justice and Welfare Act of 2006, Sec. 3
  2. Republic Act No. 9344, also known as the Juvenile Justice and Welfare Act of 2006, Sec. 12
  3. Republic Act No. 9344, also known as the Juvenile Justice and Welfare Act of 2006, Sec. 13
  4. Republic Act No. 9344, also known as the Juvenile Justice and Welfare Act of 2006, Sec. 14
  5. Republic Act No. 9344, also known as the Juvenile Justice and Welfare Act of 2006, Sec. 15
  6. Republic Act No. 9344, also known as the Juvenile Justice and Welfare Act of 2006, Sec. 16
  7. Republic Act No. 9344, also known as the Juvenile Justice and Welfare Act of 2006, Sec. 17
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