Report Revised Rule on Children in Conflict With the Law

8/17/2019 Report Revised Rule on Children in Conflict With the Law

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REVISED RULE ON CHILDREN INCONFLICT WITH THE LAW

(A.M. No. 02-1-18-SC)


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roce !re or #$ $' re$Ee*+,e "ro* Cr&*&$#% L&%&,

(Sec,&o$ 8)

c&% &/ 1 e#r/ o" #'e or e%o

The authoritywho had theinitial contactwith the child

shallimmediately

release thechild to the

custody of themother or

father, or theappropriate

guardian orcustodian, or

in theirabsence, the

nearestrelative.

The authorityshall

immediatelynotify the

local socialwelfare and

developmentocer of the

taking of thechild intocustody.

The localsocial welfare

anddevelopmentocer shall,

with theconsent of thechild and theperson havingcustody over

the child,

determine theappropriateinterventionprograms for

the child.


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C&%re$ Ee*+,e "ro*

Cr&*&$#% L&%&,

(Sec,&o$ 8)

If the child's parents,guardians or nearestrelatives cannot be

located, or if they refuseto take custody, the childmay be released to any of

the following: a dulyregisterednongovernmental or

religious organization abarangay ocial or a

member of the !arangay"ouncil for the #rotection

of "hildren a local socialwelfare and development

ocer or, when andwhere appropriate, the$epartment of %ocial

&elfare and $evelopment.

If the child has been foundby the local social welfareand development oce tobe abandoned, neglectedor abused by the parents,or if the parents and thechild do not consent to or

do not comply with theprevention program, the

$epartment of %ocial&elfare and $evelopmentor the ocal %ocial &elfareand $evelopment (ce

shall )le before the courta petition for involuntarycommitment pursuant to#residential $ecree *o.

+-, otherwise known asThe "hild and /outh

&elfare "ode.


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Proce!re "or C&%re$ No, Ee*+,e "ro*Cr&*&$#% L&%&, (Sec,&o$ )

C&% 3",ee$ (1) e#r/ #$ o$e (1) # o% or #o4e !,e%o e&',ee$ (18) e#r/ o" #'e #, ,e ,&*e o" ,e

co**&//&o$ o" ,e o5e$/e

0t the sound

discretion ofthe court andsub1ect to itssupervision,be released

on

recognizanceto the care ofthe willing and

responsiblemother orfather, or

appropriateguardian or

custodian, or,in their

absence, thenearest

relative.

$uties of a#erson in0uthority

Taking a "hildinto "ustody2%ection 334 5

0ssign an

alias to thechild

6nsure thatthe blotter

detailscontaining thetrue name ofthe child, if

any, aremodi)ed, tore7ect the

alias by which

the child shallbe knownthroughout

theproceedings


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68plain to

the child insimple

languageand in a

dialect that

can beunderstoodthe reasonfor placingthe child

undercustody,and theo9ense

allegedly

committed.

0dvise thechild of

hisherconstitutional rights ina languageor dialect

understandable to thechild.

#resentproper

identi)cation to thechild.


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;efrain fromusing vulgar

or profanewords and

from se8uallyharassing orabusing, or

making se8ual

advances onthe child.

0void

displaying orusing any)rearm,weapon,

handcu9s orother

instrument offorce or

restraint,unless

absolutelynecessary and

only after allmethods ofcontrol have

beene8haustedand have

failed.

0void violenceor

unnecessaryforce and

refrain fromsub1ecting the

child togreater

restraint than

is necessaryforapprehensionand custody.


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6nsure thata body

search of

the child isdone onlyby a law

enforcement ocer ofthe same

gender asthat of the

child.

6nsure

e8peditedtransfer of the

child byimmediately,or not later

than eight 2


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6nsurethat the

child is notlocked upin a 1ail ordetentioncell during

the

investigation.

!ring thechild

immediately to an

availablegovernment medicalor healthocer fora thorough

physical

andmental

e8amination.

6nsure that shoulddetention of the child incon7ict with the law be

necessary, thesegregation of the childbe secured in >uarters

separate from that of the

opposite se8 and adulto9enders, e8cept where a

child is taken intocustody for reasons

related to armed con7ict,either as combatant,

courier, guide or spy, andfamilies areaccommodated as familyunits in which case, the

child shall not beseparated from the

family.


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;ecord all the procedures

undertaken in the initialinvestigation including the

following: whether handcu9s orother instruments of restraint

were used, and if so, the reasonfor such use that the parents or

guardian of the child, the$epartment of %ocial &elfareand $evelopment, and the #ublic0ttorney's (ce were informedof the taking into custody of thechild and the details thereof themeasures that were undertaken

to determine the age of child,and the precise details of the

physical and medicale8amination or in case of failure

to submit a child to suche8amination, the reason

therefore.

6nsure that allstatements

signed by the

child during theinvestigation arewitnessed andsigned by the

child's parents orguardian, social

worker or legalcounsel inattendance.


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Co$!c, o" I$&,% I$4e/,&'#,&o$ ,e Po%&ce (Sec,&o$ 16)

The police ocer conducting the initialinvestigation of a child con7ict with the lawshall do so in the presence of either or both

of the parents, guardian or custodian, or intheir absence, the nearest relative of thechild, the child's counsel of choice, or alawyer from the #ublic 0ttorney's (ce, and

the local social welfare ocer.• 0 representative of a non=government organization,

religious group, or member of the !arangay "ouncil forthe #rotection of "hildren shall be allowed to bepresent at the investigation in the absence of the

parents, guardian, relative, or social welfare ocer.


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7!&e%&$e/ "or F&$'er+r&$,&$' #$ Po,o'r#+&$'o" ,e C&%(Sec,&o$ 1)

The child's )ngerprintand photograph )les

shall be kept separatefrom those of adults

and shall be keptcon)dential. They may

be inspected by lawenforcement ocersonly when necessary

for the e9ectivedischarge of theirduties and upon priorauthority of the court.

The )ngerprint andphotograph shall be

removed from the )lesand destroyed:

234 if the case againstthe child is not )led, or

is dismissed or2?4 when the child

reaches twenty=one2?34 years of age and

there is no record thatthe child committed ano9ense after reachingeighteen 23


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I$,#e Re+or, ,e Soc%We%"#re O9cer (Sec,&o$ 1:)

@pon the takinginto custody of achild in con7ict

with the law, the

social welfareocer assigned to

the child shallimmediatelyundertake a

preliminarybackground

investigation of thechild.

%hould a case be)led in court,

submit to the courtthe correspondingintake report prior

to the arraignment.


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F&%&$' o" Cr&*&$#% Ac,&o$(Sec,&o$ 1;)

0 criminal action may be instituted against achild in con7ict with the law by )ling acomplaint with the prosecutor.

0ll criminal actions commenced by complaint orinformation shall be prosecuted under thedirection and control of the public prosecutorassigned to the court.

#etitions for con)nement of a child drugdependent shall be )led under %ection ?3 ofthe ;ule on "hildren "harged under ;epublic0ct *o. A3+B.


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Pro/ec!,&o$ o" C&4&% Ac,&o$(Sec,&o$ 18)

&hen a criminal action isinstituted against a child in

con7ict with the law, the action

for recovery of civil liabilityarising from the o9ense

charged shall be governed by

;ule 333 of the ;evised ;ulesof "riminal #rocedure.


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Pre%&*&$#r I$4e/,&'#,&o$(Sec,&o$ 1) The

preliminaryinvestigati

on of achild

con7ict

with thelaw shall

begoverned

by%ection -

of ;ule33? of the;evised;ules of"riminal

#rocedure

.

0specially

trainedprosecutor shall beassigned

toconduct

thein>uest,

preliminary

investigation and

prosecution of the

caseinvolvinga child incon7ict

with thelaw.

The child,on theotherhand,

shall beassisted

by aprivate

lawyer orif none, a

lawyerfrom the

#ublic0ttorney's

(ce.

If there isan

allegation

orevidenceof torture

or ill=treatmentof a child

in con7ictwith the

lawduring

custodyor

detention,it shall bethe duty

of theprosecuto

r to

investigate the


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Co$!c, o" Pre%&*&$#rI$4e/,&'#,&o$ (Sec,&o$ 20)

#reliminary investigation shall be conducted inthe following instances:

2a4 when the child in con7ict with the law doesnot >ualify for diversion

2b4 when the child, the parents or guardian donot agree to diversion as provided in %ections ?C

and ?< of ;epublic 0ct *o. A-DD2c4 when, after considering the assessment andrecommendation of the social worker, theprosecutor determines that diversion is notappropriate for the child in con7ict with the law.


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Co$!c, o" Pre%&*&$#rI$4e/,&'#,&o$ (Sec,&o$ 20)

0t the preliminaryinvestigation, should

there arise a need forclari)catory >uestions tobe propounded on the

child, the ;ule on68amination of a "hild

&itness shall apply.


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F&%&$' o" I$"or*#,&o$(Sec,&o$ 21)

If theinvestigatingprosecutor

)nds probablecause to holdthe child incon7ict withthe law fortrial, there

beingdiscernment,

thecorresponding;esolution and

Informationshall beprepared forthe approval

by theprovincial or

city prosecutor,a s the case

The child and

the mother orfather, orappropriateguardian or

custodian, or inthe absence

thereof, thenearest relative,and the child'sprivate counselor lawyer from

the #ublic

0ttorney's (ceshall be

furnishedforthwith a copyof the approvedresolution and

the Information.

TheInformation shall be)led withthe court

withinforty=)ve2DB4 daysfrom thestart of

thepreliminary

investigation.


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*o Information shall be )led against achild for the commission of thefollowing:

2a4 status o9ences

2b4 vagrancy and prostitution under%ection ?? of the ;evised #enal "ode

2c4 mendicancy under #residential$ecree *o. 3B+-

2d4 sning of rugby under #residential$ecree *o. 3+3A.


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F&%&$' o" I$"or*#,&o$(Sec,&o$ 21)

"hildren taken intocustody for the foregoing

shall, with their consentand that of their parents,guardian or custodian,

instead undergoappropriate counselingand treatment program.


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D!,&e/ o" ,e C%er o" Co!r, U+o$Rece&+, o" &$"or*#,&o$ (Sec,&o$ 22)

The "lerk of "ourt,upon receipt of theInformation, shall:

234 Eaintain a separate

case docket or logbookfor cases involvingchildren in con7ict with

the law. &heneverpossible, the "lerk of"ourt shall use color

coding or other methodto easily distinguish therecords of children incon7ict with the lawfrom the other case

records

2?4 $etermine whetherthe o9ense charged

>uali)es for diversion,that is it punishable byimprisonment of not

more than twelve 23?4years, regardless of)ne, or )ne alone

regardless of theamount


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2-4 If the crime chargedis punishable by such

imprisonment,immediately assign a

temporary casenumber in accordance

with %ec. ?- of this ;uleand raFe o9 the caseto a court so that its$iversion "ommittee

can immediatelyundertake the

appropriate actionunder %ection -- of this

;ule

2D4 If the crime chargeddoes not >uality for

diversion because it is

punishable byimprisonment of morethan twelve 23?4 years,

the case shall beassigned a regular

criminal case docket

number raFed o9 to acourt for formal

proceedings.


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Ve$!e (Sec,&o$ 2


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e e#/e o re$ o$Reco'$&=#$ce ,o ,e P#re$,/>

7!#r$> C!/,o$ or Ne#re/,

Re%#,&4e (Sec,&o$ 2) The release of a childfrom a custody duringthe pendency of the caseinvolving a non=seriouso9ense Go9ense wherethe imposable penalty

for the crime committed

is not more than si8 2+4years imprisonment

2%ection D4H of this rulemay be ordered by the

court only after a hearingfor that purpose, and

upon favorablerecommendation of thesocial worker assigned to

the child, with theconformity of the public

prosecutor and theprivate complainant.

The child shallbe released to

the custody ofa willing andresponsiblemother orfather, or

appropriate

guardian orcustodian orin their

absence, thenearest

relative, whoshall be

responsible forthe child's

good behaviorand

appearance incourt

wheneverre>uired.

*o childshall beordereddetained

in 1ailpendingtrial or

hearing ofthe child's

case,sub1ect to

theprovisions

of this;ule.


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Co**&,*e$, #$ ,r#$/"er ,o # o!,Re#&%&,#,&o$ Ce$,er (Sec,&o$ 2:)

0 child charged withnon=serious o9ense,unless released on

bail or recognizance,may be transferred to

a youth detentionhome rehabilitation

center or otherappropriate facility

such as the$epartment of %ocial

&elfare and$evelopment whichshall ensure the

appearance of thechild in court.

In the absence of a youth

detention home establishedby the local governmentpursuant to %ection < of the

amily "ourts 0cts, in the cityor municipality where the

child resides or, a localrehabilitation center

recognized by thegovernment in the province,

city or municipality within the 1urisdiction of the court, or

the $epartment of %ocial&elfare and $evelopment or

other appropriate localrehabilitation center, theyouth shall be placed underthe care of a provincial, city

or municipality 1ail whichshall ensure the appearanceof the child in court when so

re>uired.


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?#&% #/ # M#,,er o" R&',(Sec,&o$ 2;)

0ll children in con7ictwith the law shall be

admitted to bail as amatter of right before)nal conviction of an

o9ense not punishable byreclusion perpetua life

imprisonment.


27/54

We$ ?#&% No, # M#,,er o" R&',(Sec,&o$ 28)

*o child charged with

an o9ense punishableby reclusion perpetuaor life imprisonmentshall be admitted to

bail when evidence ofguilt is strong.

In this case, the courtshall commit the to ayouth detention homeor youth rehabilitation

center, or in theabsence thereof, to thecare of a provincial, city

or municipal 1ail asprovided for in %ection?C of this ;ule, which

shall be responsible forthe appearance of thechild in court whenever

re>uired.


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De,e$,&o$ Ho*e/ or

Re#&%&,#,&o$ Ce$,er/

(Sec,&o$ 2) The child in con7ict with the law who has beentransferred to a youth rehabilitation center or youthdetention home shall be provided with a healthyenvironment.

If the child is placed under the care of theprovincial, city or municipal 1ail, the child shall be

provided with ade>uate >uarters separate fromadults and prisoners of the opposite se8 dependingon the age, se8, se8ual lifestyle, and such othercircumstances and needs of the child.


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C#/e S,! Re+or,(Sec,&o$ uiry of thechild and the

child'sfamily, the

child'senvironment

and suchother

mattersrelevant to

aid the courtin the properdisposition of

the case.

The reportshall be

submittedto thecourt

preferablybefore

arraignme

nt.

If notavailableat that

time, the;eport

must besubmitted to thecourt as

soon aspossible.


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$iversion "ommittee2%ection -34

• !ranch "lerk of "ourt= chairperson

• #rosecutor, lawyer from #0( andsocial worker assigned by the courtto the child= members


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#roceedings !efore 0rraignment

2%ection -?4

• $iversion "ommittee= determine ifchild can be diverted and referred toalternative measures

• "ourt shall release child toparentguardiannearest relative orcommit child to appropriate youth

detention home or youthrehabilitation center


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• If diversion not proper= submit reportto court

• "ourt shall direct transmittal ofrecords to (ce of "lerk of "ourtthen return to court for arraignmentand formal proceedings


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#roceedings before $iversion"ommittee 2%ection --4

• #ast records of child

• ikelihood that child is an obviousthreat to himselfherself and thecommunity

• "hild has remorse

• Indi9erence or hostility ofchildparents

• "ommunity=based programs for therehabilitation and reintegration of the

child are available


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$iversion programs 2%ection-D4

• &itten or oral reprimand or citation

• &ritten or oral apology

• #ayment of damage caused

• #ayment of cost of proceedings

• ;eturn of the property

• Juidance and supervision orders

• "ounseling for the child and his family

• Training, seminars and lectures

• #articipation in available community=based programs

• &ork=detail program in the community

• Institutional care and custody


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@ndertaking 2%ection -+4

• "hild shall appear before the socialworker assigned to the child

• "hild shall faithfully comply with theterms and conditions of the program


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;eport of %ocial &orker 2%ection -C4

• ;egular monthly visit

• Keard by court within 3B days fromreceipt


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"losure (rder 2%ection -


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;ights of "I 2%ection -A4

• #resumed innocent unless proven guilty

• Informed promptly and directly of the natureand cause of the charge

•

#resent at every stage of the proceedings• egal or appropriate proceedings

• *ot to be detained pending trialhearing ofcase

• Testify as witness for hisher own behalf • #rotection at all stage of proceedings

• To appeal


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;ights if Lictims of (9ensescommitted of "I 2%ection D4

• ;easonable protection

• Timely notice of any public proceedings

• "onfer with the prosecutor in the case

• 0vail of legal assistance

• Informed

• %upport services

• egal remedies

• ;espect for dignity and privacy


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;esponsibilities of the "ourt

2%ection D34

• Eonitor status

• ;eceive and investigate complaints

• 0ccess to ade>uate services

• 6nsure child and victimsM rightsprotected


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$etermination of the !ests Interestsof "hild 2%ection D?4

• "hildMs age and se8

• Eental and physical health of child, parents

and their lifestyle and other social factors

•

6motional ties between the parents and thechild

• 0bility of parents to provide for the needs ofthe child

• 6stablished living pattern of the child 2school,home, community and religious institution4

0 i d #l


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0rraignment and #lea2%ection D-4

• ;ules 33+ and 33C


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#re=trial 2%ection DD4

• ;ule 33< to ;ules of "ourt to govern


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Trial 2%ection DB4

0ll hearings shall be conducted in amanner conducive to the bestinterest of the child and in an

environment where child canparticipate fully and freely sub1ect to;ules on 68amination of "hild

&itness


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Juiding principles in 1udging the

child 2%ection D+4

• Nudgment in proportion to the gravity ofthe o9ence

• "onsider circumstances and best

interest of child, rights of the victim andneeds of the society

• ;estriction to liberty limited to minimum

•

*o corporal punishment• In case of doubt, it should be resolved in

favor of the child


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#romulgation of %entence 2%ection

DC4

0fter trial, the court shall imposeproper penalty if found child guilty


47/54

0utomatic %uspension of %entenceand $isposition (rders 2%ection D


48/54

$isposition "onference 2%ection DA4

• "are, guidance and supervision of orders

• "ommunity service orders

• $rug and alcohol treatment

• #articipation in group counseling andsimilar activities and

• "ommitment to the /outh ;ehabilitation

"enter of the $%&$ or other centers forchildren in con7ict with the lawauthorized by $%&$ %ecretary


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"ompliance with the $ispositionEeasures 2%ection B4

• %ocial worker assigned to the childshall monitor compliance by the child

• "ourt shall set conference for

evaluation of the child


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#robation as an 0lternative toImprisonment 2%ection B?4

• The court may, after it shall haveconvicted and sentenced a child incon7ict with the law and upon

application at any time, place thechild on probation if >uali)ed, in lieuof service of sentence taking into

account the best interest of the child


51/54

*on=liability for #er1ury or "oncealmentor Eisrepresentation 2%ection BB4

• 0ny person who has been in con7ictwith the law as a child shall not beheld guilty of per1ury or of

concealment or misrepresentation byreason of failure to acknowledge thecase or recite any fact related

thereto in response to any in1uiry

#rohibiting abeling 2%ection


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#rohibiting abeling 2%ectionBC4

• *o branding of child as youngcriminal, 1uvenile delin>uent,prostitute, vagrant or any other

attaching to a childMs name in aderogatory description or manner

"ontempt #ower 2%ection


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"ontempt #ower 2%ectionB


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69ectivity 2%ection BA4

• ?C *ovember ?A

Report Revised Rule on Children in Conflict With the Law

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