Who Can Arrest a Minor in the Philippines? Procedures Under the Juvenile Justice and Welfare Act

Introduction

In the Philippines, the treatment of minors involved in legal proceedings is governed by a framework that prioritizes the protection, rehabilitation, and reintegration of children into society. The Juvenile Justice and Welfare Act of 2006 (Republic Act No. 9344), as amended by Republic Act No. 10630 in 2013, establishes a comprehensive system for handling children in conflict with the law (CICL). This legislation shifts away from punitive measures toward restorative justice, recognizing that children are vulnerable and require special safeguards. Central to this system are the rules on who may arrest a minor and the stringent procedures that must be followed to ensure the child's rights are upheld. Arresting a minor is not treated as a standard law enforcement action but as an exceptional measure, with emphasis on diversion from the criminal justice system and immediate involvement of social welfare mechanisms.

This article explores the authorities empowered to arrest minors, the legal grounds and procedures for such arrests, post-arrest protocols, the rights afforded to children, and the consequences of procedural violations. It draws exclusively from the provisions of RA 9344, as amended, and related implementing rules and regulations issued by the Department of Social Welfare and Development (DSWD), the Philippine National Police (PNP), and other relevant agencies.

Legal Framework

The Juvenile Justice and Welfare Act (JJWA) was enacted to comply with international standards, including the United Nations Convention on the Rights of the Child (UNCRC), which the Philippines ratified in 1990. The JJWA raises the minimum age of criminal responsibility (MACR) from 9 to 15 years old, meaning children below 15 are exempt from criminal liability and cannot be arrested in the traditional sense. Instead, they are subject to intervention programs.

Amendments under RA 10630 strengthened the system by establishing the Juvenile Justice and Welfare Council (JJWC) as the primary oversight body, mandating the creation of Bahay Pag-asa (intensive juvenile intervention centers), and enhancing protections against discrimination and abuse. The Act applies to all children under 18 years of age at the time of the alleged offense, with exceptions for those above 15 but below 18 who may be held criminally liable if they acted with discernment, though diversion is preferred over prosecution.

Key principles include:

Best interest of the child as the paramount consideration.
Non-discrimination based on gender, ethnicity, religion, or socioeconomic status.
Promotion of family responsibility and community-based interventions.
Prohibition of torture, cruel treatment, or detention with adults.

Definition of Key Terms

Understanding the terminology is crucial for applying the JJWA correctly:

Child/Minor: Any person under 18 years of age.
Child at Risk (CAR): A child vulnerable to or at risk of committing offenses due to personal, family, or social circumstances, such as abuse, neglect, or living on the streets. CARs are not subject to arrest but to preventive interventions.
Child in Conflict with the Law (CICL): A child alleged to have committed an offense. This includes:
- Children below 15 years old, who are exempt from liability.
- Children 15 years old and above but below 18, who may be liable if discernment is proven (i.e., the ability to understand right from wrong and the consequences of actions).
Discernment: The mental capacity to differentiate right from wrong, assessed through social worker reports, psychological evaluations, and court proceedings.
Arrest: Under the JJWA, this refers to taking a child into custody for an alleged offense, but it must be warrantless only in specific circumstances and always with safeguards.

The Act distinguishes between status offenses (e.g., truancy, curfew violations), which are decriminalized for children and handled through welfare interventions, and serious offenses.

Authorities Empowered to Arrest a Minor

Not every law enforcer or citizen can arrest a minor arbitrarily. The JJWA limits this authority to ensure professionalism and child sensitivity:

Law Enforcement Officers: Primarily members of the Philippine National Police (PNP), including Women and Children Protection Desks (WCPD) officers trained in child-sensitive handling. Other agencies like the National Bureau of Investigation (NBI) or Bureau of Immigration may arrest in specific jurisdictions (e.g., human trafficking cases involving minors).
Barangay Officials: Barangay tanods (village watchmen) or officials can apprehend a minor only if they witness the commission of an offense and must immediately turn over the child to the PNP or Local Social Welfare and Development Officer (LSWDO). They are not authorized to detain or interrogate.
Private Citizens: Under the rules on citizen's arrest (Article 124 of the Revised Penal Code), any person may arrest a minor caught in flagrante delicto (in the act of committing a crime) or immediately thereafter, but only for serious offenses. The citizen must promptly deliver the child to the nearest police station or LSWDO without delay or harm.

Importantly, no arrest can occur without probable cause, and for children below 15, the term "arrest" is inapplicable; instead, they are "taken into custody" for protection and intervention. All arresting authorities must be trained in child rights and the JJWA, as mandated by the Act.

Grounds for Arrest

Arrest of a minor is permissible only under limited circumstances:

Warrantless Arrest: Allowed when the child is caught in the act of committing an offense (in flagrante delicto), when there is probable cause based on personal knowledge of facts, or when the child has escaped from confinement.
Arrest with Warrant: Issued by a court for serious offenses where the child is 15-18 years old and discernment is alleged. Warrants must specify child-sensitive execution.

Grounds exclude minor offenses or status offenses. For victimless crimes or petty theft, community-based interventions are prioritized over arrest.

Procedures for Arrest

The JJWA mandates child-friendly procedures to minimize trauma:

Initial Contact: The arresting officer must identify themselves, explain the reason for arrest in a language and manner the child understands (e.g., using simple Tagalog or local dialect, avoiding intimidation).
Miranda Rights: Immediately inform the child of their rights, including the right to remain silent, right to counsel, and that anything said may be used against them. For children, this must be explained with the assistance of a parent, guardian, or social worker if possible.
No Use of Force or Restraints: Handcuffs or similar restraints are prohibited unless the child poses an imminent threat of injury. Firearms must not be displayed.
Immediate Notification: Notify the child's parents/guardians, the LSWDO, and the Public Attorney's Office (PAO) within 8 hours. If parents cannot be located, notify the DSWD or nearest social welfare office.
Documentation: Record the arrest in a child-sensitive blotter, noting the child's age, details of the offense, and compliance with procedures.
Health and Safety Check: Assess the child's physical and mental condition; provide medical attention if needed.

Arrests must occur in public view when possible, and female officers should handle female minors.

Post-Arrest Procedures

Post-arrest emphasizes swift resolution and avoidance of detention:

Turnover: The child must be turned over to the LSWDO or accredited NGO within 8 hours. For children below 15, immediate release to parents or DSWD for intervention.
Initial Assessment: The LSWDO conducts a discernment assessment (for 15-18 year-olds) and recommends diversion if applicable.
Detention: Prohibited in regular jails. Children must be placed in Bahay Pag-asa or youth care facilities, separated by age and gender. Detention is limited to 72 hours before preliminary investigation.
Preliminary Investigation: Conducted by a prosecutor trained in juvenile justice, focusing on diversion possibilities.
Court Proceedings: If filed in court, family courts handle cases in camera (closed sessions) to protect privacy.

Rights of the Child

The JJWA enshrines extensive rights:

Right to be treated with humanity and respect.
Right to privacy and confidentiality of records.
Right to bail or recognizance (release to parents/community).
Right to free legal assistance.
Protection from media exposure, labeling as "criminal," or discriminatory treatment.
Right to education, health, and recreation even during proceedings.
Prohibition of capital punishment, life imprisonment, or sentences without parole for minors.

Violations of these rights can lead to dismissal of cases or administrative sanctions.

Diversion and Intervention Programs

Diversion is the cornerstone for CICL:

Levels: Community-based (for minor offenses), court-based (for serious ones).
Programs: Counseling, skills training, community service, restitution.
For children below 15: Mandatory intervention programs like parenting education or foster care.
Successful diversion results in case closure without criminal record.

Penalties for Non-Compliance

Law enforcers violating procedures face:

Administrative penalties (suspension, dismissal).
Criminal charges under RA 9344 (e.g., up to 12 years imprisonment for unlawful detention).
Civil liability for damages.

The JJWC monitors compliance and can recommend sanctions.

Conclusion

The Juvenile Justice and Welfare Act transforms the arrest of minors in the Philippines from a retributive process to one focused on rehabilitation and rights protection. By limiting who can arrest, enforcing strict procedures, and prioritizing diversion, the law ensures that children are not further victimized by the justice system. Effective implementation requires ongoing training for authorities and community involvement to uphold the child's best interests, fostering a society where minors are guided toward positive futures rather than punished for missteps.