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Sagot :
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Minimum Age of Criminal Responsibility
[tex]\sf\pink{ᯓ★}[/tex] According to the Juvenile Justice and Welfare Act (R.A. 9344) in the Philippines, the minimum age of criminal responsibility is [tex]\blue{\underline{\sf\pink{15 ~years ~old}}}[/tex].
Specifically, Section 6 states:
- "A child fifteen years of age or under at the 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."
- The law further clarifies that "A CHILD IS DEEMED TO BE FIFTEEN (15) YEARS OF AGE ON THE DAY OF THE FIFTEENTH ANNIVERSARY OF HIS BIRTH DATE."
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Diversion Programs for Juvenile Offenders
[tex]\sf\pink{ᯓ★}[/tex] The Juvenile Justice and Welfare Act provides for diversion programs as an alternative to formal court proceedings for juvenile offenders. 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 his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings."
Some examples of diversion programs under Philippine law include:
- Mediation, family conferencing and conciliation, or other indigenous modes of conflict resolution in consonance with restorative justice.
- Reparation of the damage caused, counseling, participation in available community-based programs, or in education, vocation and life skills programs.
- Reprimand, fine or institutional care and custody (at the court level).
The specific diversion program depends on the individual characteristics and circumstances of the child in conflict with the law.
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Role of the Social Welfare and Development Office
[tex]\sf\pink{ᯓ★}[/tex] The Local Social Welfare and Development Office (LSWDO) plays a key role in the implementation of the Juvenile Justice and Welfare Act in the Philippines:
- When a child under 15 is taken into custody, the LSWDO determines the appropriate programs for the child in consultation with the child and the person having custody.
- The LSWDO develops appropriate diversion and rehabilitation programs for victimless crimes where the imposable penalty is not more than 6 years imprisonment.
- The LSWDO assists in the facilitation of diversion measures like mediation, family conferencing, and other restorative justice approaches.
- If the best interest of the child requires placement in a youth rehabilitation center, the LSWDO files the proper petition for involuntary commitment.
- The LSWDO coordinates with the Barangay Council for the Protection of Children (BCPC) in implementing diversion and intervention programs.
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Protections for Juvenile Offenders During Trial
[tex]\sf\pink{ᯓ★}[/tex] The Juvenile Justice and Welfare Act provides several protections for juvenile offenders during trial proceedings:
- The court shall order the release of the minor on bail or release on recognizance to his/her parents or other suitable person.
- The court also has the option to transfer the minor to a youth care facility.
- In no case shall the court order the detention of a child in a jail pending trial or hearing of his/her case.
- The privacy rights of the child in conflict with the law shall be protected by prohibiting the public and media from accessing information concerning the case.
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Definitions of "Children at Risk" and "Children in Conflict with the Law"
[tex]\sf\pink{ᯓ★}[/tex] The Juvenile Justice and Welfare Act defines the following terms:
- "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as being abused, exploited, abandoned, neglected, out-of-school, a street child, a member of a gang, living in a high-crime community, or living in situations of armed conflict.
- "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.
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[tex]\rm{\blue{ ࣪˖ ִֶָ}}[/tex]In summary, the Juvenile Justice and Welfare Act in the Philippines sets the minimum age of criminal responsibility at 15 years old, provides for diversion programs as an alternative to formal court proceedings, gives the Social Welfare and Development Office a key role in implementation, protects the rights of juvenile offenders during trial, and defines the categories of "children at risk" and "children in conflict with the law."[tex]\rm{\blue{ ࣪˖ ִֶָ}}[/tex]
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