Professional Documents
Culture Documents
LAW 1 REVIEWER
Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)
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The court, in committing said minor as provided above, shall take into
consideration the religion of such minor, his parents or next of kin, in
order to avoid his commitment to any private institution not under
the control and supervision of the religious sect or denomination to
which they belong.
The Director of Public Welfare or his duly authorized representatives
or agents, the superintendent of public schools or his representatives,
or the person to whose custody or care the minor has been
committed, shall submit to the court every four months and as often
as required in special cases, a written report on the good or bad
conduct of said minor and the moral and intellectual progress made
by him.
The suspension of the proceedings against a minor may be extended
or shortened by the court on the recommendation of the Director of
Public Welfare or his authorized representatives or agents, or the
superintendent of public schools or his representatives, according as
to whether the conduct of such minor has been good or not and
whether he has complied with the conditions imposed upon him, or
not. The provisions of the first paragraph of this article shall not,
however, be affected by those contained herein.
If the minor has been committed to the custody or care of any of the
institutions mentioned in the first paragraph of this article, with the
approval of the Director of Public Welfare and subject to such
conditions as this official in accordance with law may deem proper to
impose, such minor may be allowed to stay elsewhere under the care
of a responsible person.
If the minor has behaved properly and has complied with the
conditions imposed upon him during his confinement, in accordance
with the provisions of this article, he shall be returned to the court in
order that the same may order his final release.
Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)
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Child below 18
Child in Conflict with the Law alleged/accused
of/adjudged as having committed an offense under
Philippine Laws.
Presidential Decree No. 603
o Youthful Offender child/minor/youth, above 9 but
below 18, at the time of the commission of the offense.
o
o
II. Minimum Age Of Criminal Responsibility
15 years old and below exempt from criminal liability.
Above 15, below 18 exempt from criminal liability but with
intervention program (but if acted with discernment, he will be
subjected to a diversion program).
III. Intervention Program (Presidential Decree No. 603)
Custody child must be released to parents, guardian or
nearest relative. Absence thereof, duly registered
nongovernmental or religious organizations, barangay official
or a member of the Barangay Council for the Protection of
Children, Department of Social Welfare and Development.
Appropriate programs Created in cooperation with the local
social and welfare development officer.
Involuntary commitment if the child is abandoned,
neglected or abused.
IV. Diversion Programs For Children Above 15 And Below 18 Who
Acted With Discernment (Article 13.2)
The child will undergo trial pursuant to the provisions of the
Rules of Court.
A. Automatic Suspension Of Sentence Under Republic Act No. 9344
When a child under 18 at the time of the commission of the
crime is found guilty of the offense, the court will determine
any civil liability, which may have resulted from the offense.
Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)
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B. Suspension Of Sentence Lasts Only Until The Child In Conflict With
The Law Reaches 21 Years Old
Max age 21 years old.
Involves Restoration, Rehabilitation, Reintegration
What matters is that the offender committed the offense when
he/she was still of tender age, not his/her age during
conviction. Thus, a 25-year-old man may still be sentenced to a
diversion program if he acted with discernment when he
committed the crime when he was 17 years old.
V. COURT PROCEEDINGS
1. Bail
o Consider the privileged mitigating circumstance of
minority (Article 68).
2. Release on Recognizance
o Detained child:
Released on recognizance to parents
Release of Child in Conflict with Law with bail
Transfer of youth to rehab center
3. Detention of the Child Pending Trial
o May be released on BAIL or RECOGNIZANCE
o Institutionalization/Detention last resort and with
the shortest possible time.
4.
5.
6.
7.
8.
Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)
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o
VI. Rehabilitation & Reintegration
1. Objective of Rehabilitation & Reintegration
o Intervention, approaches, strategies to improve their
social functioning Reintegration into families,
productive members of the community.
2. Court Order required before receiving a child in a
rehabilitation facility
o Details shall be entered into a register
o Must be complied with strictly
3. Separate facilities from adults
o Separated from adults unless from same family
o Home environment simulated for comfort
4. Female children
o Personal needs and problems attended to by female
doctors, officers, and social workers
5. Care and maintenance of the Child in Conflict with the Law
o See paragraph 8
o Flow of financial responsibility:
o Parents/people liable for support (whole or in part)
o If #1 cannot pay:
Municipality (1/3)
Province where municipality is located (1/3)
National Government (1/3)
o Note:
If Secretary of Finance says the municipality
cant pay, the National Government shall pay
(2/3)
Chartered cities shall pay (2/3) of the expenses.
If it cannot pay, then the internal revenue
allotments for that city shall be suspended and
6.
7.
8.
9.
Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)
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Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)
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