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Practice Exams

Module 9.7: Juvenile Delinquency & RA 9344

I. The Concept of Juvenile Delinquency

  • Delinquency vs. Crime: When a minor commits an act that would be a crime if they were an adult, it is called a "delinquent act," not a crime. The minor is a "juvenile delinquent" or a "child in conflict with the law," not a criminal.
  • Status Offenses: In addition to acts that are illegal for everyone, juveniles can also be adjudicated for status offenses—acts that are only illegal because of the person's age. Examples include truancy (skipping school), running away from home, and violating curfew.

The Philosophy of Juvenile Justice: Parens Patriae

  • Definition: A Latin term meaning "parent of the country."
  • Principle: This legal doctrine holds that the state has a responsibility to act as a "parent" to children who are in need of protection, including those who commit delinquent acts.
  • Focus: The primary goal of the juvenile justice system is not to punish the child but to rehabilitate and protect them. The focus is on the child's welfare and best interests, not on retribution.

| :--- | :--- | :--- | | 15 years old or younger | Absolutely Exempt from criminal liability. | The child is immediately released to their parents/guardian. They must undergo a community-based intervention program. | | Over 15 but under 18 | Exempt, UNLESS they acted with discernment. | Without Discernment: Same as below 15 (intervention). With Discernment: The child undergoes a diversion program instead of a formal court proceeding. | | 18 years old and above | Full Criminal Responsibility. | Treated as an adult offender. |

  • Discernment: The mental capacity of a child to understand the difference between right and wrong and to appreciate the consequences of their actions. This is determined by a social worker, not by the police.

Board Exam Tip: This age table is the most critical part of RA 9344. You must memorize the different age brackets and the corresponding legal consequences.

Ito ang PINAKA-IMPORTANTE sa RA 9344 - yung AGE TABLE! TANDAAN MO 'TO dahil 100% lalabas 'to sa board exam:

1. 15 years old and below = EXEMPTED 100%

  • Kahit MURDER pa ang ginawa, walang criminal liability. Bakit? Kasi bata pa, hindi pa fully developed ang utak. Ang procedure: i-release agad sa magulang, then undergo ng INTERVENTION PROGRAM (counseling, rehab, community service). WALANG KULUNGAN!

2. Over 15 pero under 18 = EXEMPTED, UNLESS may DISCERNMENT

  • Ito ang tricky part. Ang tanong: naintindihan ba ng bata ang ginawa niya? May "discernment" ba? Ito ay dedetermined ng social worker, hindi ng pulis.
    • Kung WALANG discernment (hindi niya naintindihan na mali yung ginawa niya) = same as 15 below, intervention program lang.
    • Kung MAY discernment (alam niyang mali yung ginawa niya) = undergo ng DIVERSION PROGRAM (mediation, community service, restitution). Hindi pa rin formal court trial! Layunin: iwasan ang stigma ng criminal record.

3. 18 years old and above = FULL CRIMINAL LIABILITY

  • Adult na 'to, kaya preso talaga kapag guilty. Same ng procedure ng regular criminals.

MEMORIZATION TIP: 15 = Free, 15-17 = Depends (discernment), 18+ = Preso

Ang DISCERNMENT ay parang "alam ba niya?" Test yan kung naintindihan ba ng bata ang difference between right and wrong. Halimbawa, ang 16-year old na nagnakaw ng pera kasi gusto niyang bumili ng bagong cellphone - MAY DISCERNMENT yan kasi alam niyang nakaw yun, mali yun. Pero kung bata na kumuha ng pera kasi sabi ng tatay niya "kuha mo yang pera," WALANG discernment kasi akala niya tama yun. Gets?

IV. Rights of the Child in Conflict with the Law

RA 9344 guarantees that children in conflict with the law are afforded all the rights of an adult accused, plus several special rights, including:

  • The right not to be subjected to torture or other cruel, inhuman, or degrading treatment.
  • The right to privacy at all stages of the proceedings.
  • The right to be treated with humanity and respect for their inherent dignity.
  • The right to have their case handled with dispatch in a separate and specialized juvenile court.
  • The right not to be detained in a jail with adults.

Introduction

Juvenile Delinquency refers to criminal or antisocial acts committed by minors (persons below the age of legal majority). The handling of juvenile offenders is one of the most complex and debated areas of the criminal justice system. Society recognizes that children are different from adults—they are less mature, more impulsive, and more capable of change. For this reason, most countries have a separate juvenile justice system. In the Philippines, the cornerstone of this system is Republic Act No. 9344, also known as the "Juvenile Justice and Welfare Act of 2006." This module explains the concept of delinquency and details the key provisions of this landmark law.

Key Learning Objectives:

  • Define juvenile delinquency and "child in conflict with the law."
  • Understand the concept of "parens patriae" as the philosophy of juvenile justice.
  • Explain the key principle of "restorative justice" under RA 9344.
  • Identify the different age levels of criminal responsibility.
  • Describe the process of diversion and intervention for children in conflict with the law.

II. RA 9344: The Juvenile Justice and Welfare Act

Enacted in 2006, RA 9344 represents a major shift in the Philippine approach to juvenile justice. It decriminalized status offenses and established a system focused on rehabilitation and restorative justice.

A. Key Principle: Restorative Justice

  • Definition: Restorative justice is a principle that focuses on repairing the harm caused by the criminal act. It seeks to bring together the offender, the victim, and the community to resolve the conflict and reintegrate the offender back into society.
  • Process: Instead of a punitive trial, it emphasizes processes like mediation, conferencing, and conciliation.
  • Goal: To heal the victim, hold the offender accountable in a meaningful way, and strengthen the community, rather than simply punishing the child.

B. Age and Criminal Responsibility

RA 9344 (as amended by RA 10630) establishes a system of differentiated age of criminal responsibility.

| Age of the Child | Criminal Responsibility | Procedure |

III. Key Processes under RA 9344

A. Intervention

  • Who: For children 15 years old and below.
  • What: A series of activities designed to address the issues that caused the child to commit the offense. It is primarily community-based and may include counseling for the child and family, skills training, and educational support.
  • Where: Handled at the level of the local government (Barangay, LSWDO).

B. Diversion

  • Who: For children over 15 but under 18 who acted with discernment.
  • What: An alternative, community-based process for determining the responsibility and resolution of a child's offense without resorting to a formal court trial.
  • Purpose: To avoid the stigma and negative effects of a formal criminal conviction.
  • Process:
    • Katarungang Pambarangay: For minor offenses, the case can be referred to the barangay for mediation.
    • Diversion Conference: The child, their parents, the victim, and a social worker meet to agree on a diversion contract.
  • Diversion Contract: This contract may include actions like:
    • Making a public or private apology to the victim.
    • Restitution (paying for the damage caused).
    • Community service.
    • Attending counseling or treatment programs.
  • If Diversion Fails: If the child does not comply with the diversion contract, or if the crime is very serious (punishable by more than 12 years imprisonment), then a formal case may be filed in court.

C. The Role of "Bahay Pag-asa"

  • Definition: A 24-hour child-caring institution established, funded, and managed by local government units.
  • Purpose: To provide short-term residential care for children in conflict with the law who are awaiting court disposition or who need more intensive intervention. It is not a jail. It is a youth care facility focused on rehabilitation.

Ang Bahay Pag-asa ay parang rehabilitation center para sa bata, HINDI bilangguan! Dito dinadala yung mga bata na kailangan ng mas intensive help - may counseling, may skills training, may education program. Ang goal: i-rehabilitate ang bata, hindi parusahan. Kaya nga "Bahay Pag-asa" (House of Hope) ang tawag - binibigyan ng pag-asa na makakabalik siya sa normal na buhay. IMPORTANT: Ito ay pinopondohan at pinamamahalaan ng LGU (Local Government Unit), hindi ng National Government.

Board Exam Tip:

  • Intervention Program = Para sa 15 and below, o 15-17 walang discernment
  • Diversion Program = Para sa 15-17 na may discernment
  • Bahay Pag-asa = Youth rehabilitation center, hindi bilangguan. Managed by LGU.

Conclusion

RA 9344 fundamentally changed the landscape of juvenile justice in the Philippines. It moved the system away from a punitive model and towards a restorative and welfare-based approach. By recognizing the unique developmental stage of children, the law prioritizes their rehabilitation over their punishment. It establishes a clear framework based on the child's age and mental capacity (discernment) and introduces the critical processes of intervention and diversion to prevent children from being drawn deeper into the formal justice system. While the law's implementation faces many challenges, its philosophy is clear: a child in conflict with the law is not a criminal to be punished, but a child in need of help, guidance, and a chance for a better future.