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Aug 16, 2011

Duterte favors amendment of Juvenile Justice Act

Davao Tours B | Aug 16, 2011

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Davao City, Philippines- Mayor Sara Duterte is in favor to the idea of amending the Juvenile Justice Act that provides light punishment to children in conflict with the law (CICL). She said she favors the removal of "Diversion" under the Revised Penal Code. Diversion is under Title 5 Chapter 2 of the Revised Penal Code 9344, otherwise known as Juvenile Justice and Welfare Act of 2006.


Section 23, System of Diversion, states that Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided:

(a) Where the imposable penalty for the crime committee is not more than six years imprisonment, the law enforcement officer or village chief with the assistance of the local social welfare and development officer or other members of the LCPC shall conduct mediation, family conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program. The child and his/her family shall be present in these activities;

(b) In victimless crimes where the imposable penalty is not more than six years imprisonment, the local social welfare and development officer shall meet with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program, in coordination with the BCPC;

(c) Where the imposable penalty for the crime committed exceeds six years imprisonment, diversion measures may be resorted to only by the court."

Sara Duterte added that there should be an allotted budget for the Bureau of Corrections for a separate detention cell of children and adults.

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