A senior official of the Department of Social Welfare and Development (DSWD) on Thursday, March 7 said there are proper procedures in the handling and management of cases involving children in conflict with the law (CICL) in accordance with the provisions of Republic Act (RA) 9344 as amended by RA 10630, also known as the Juvenile Justice and Welfare Act (JJWA).

During a media forum, DSWD Assistant Secretary for Strategic Communications and spokesperson Romel Lopez explained how CICL cases should be handled and managed properly.

“Hindi ibig sabihin na ikaw ay fully exempted sa kaso dahil menor de edad ka. May pananagutan pa rin ang menor de edad at sinisigurado ng DSWD o ng Local Social Welfare and Development Offices (LSWDO) na dadaan ito sa tamang proseso (It does not mean that you are fully exempted from the case just because you are a minor. The minor is still responsible and the DSWD or the LSWDO ensures that they go through the proper process),” Lopez said.

He pointed out that the JJWA has established a comprehensive and child-sensitive procedure that ensures the children’s best interests.

“Sa ilalim ng batas, tinitingnan ang edad, discernment, nagawang paglabag at bigat ng paglabag kung saan dapat dalhin o i-refer ang isang CICL (Under the law, the age, discernment, committed offense, and gravity of the offense are considered in determining where a CICL should be taken or referred),” Lopez explained.

Children who have committed serious offenses and who are over the age of 12 but under the age of 15, will be placed in the Bahay Pag-Asa, where they will be under the care and supervision of the Intensive Juvenile Intervention and Support Center.

For children over 15 but below 18 years old at the time of the offense, the LSWDO will determine whether the CICL acted with discernment.

Meanwhile, if the child is found to have acted with discernment, and the offense carries an impossible penalty of more than 12 years in prison, a case may be filed against the child in court.

If the penalty is less than six years of imprisonment, the child must go through the process of diversion.

Diversion is an alternative, child-sensitive process for determining a child’s responsibility in conflict with the law that does not involve formal court proceedings.

The procedure can be implemented at three levels: Katarungang Pambarangay, police, and prosecutor. 

If the penalty exceeds six years but does not exceed 12 years, the diversion will occur at the Court level.

The Juvenile Justice and Welfare Council, an attached agency of the DSWD, is tasked with overseeing the implementation of the JJWA through its members and partner-agencies.