A.
M. NO. 02-1-18-SC
Re:
Proposed Rule on Juveniles in Conflict With the Law
EN
BANC
RESOLUTION
Acting on the
letter
of the Chairman of the Committee on Revision of the Rules of Court
submitting
for this Court’s consideration and approval the Proposed Rule on
Juveniles
In Conflict With The Law, the Court resolved to approve the same.
The Rule
shall take
effect on April 15, 2002 following its publication in a newspaper of
general
circulation not later than March 15, 2002.cralaw:red
February
28, 2002.
HILARIO
G.
DAVIDE, JR. Chief
Justice
JOSUE
N.
BELLOSILLO
JOSE A.R. MELO
Associate
Justice
Associate Justice
REYNATO
S.
PUNO
JOSE C.
VITUG
Associate
Justice
Associate Justice
SANTIAGO
M.
KAPUNAN VICENTE V. MENDOZA
Associate
Justice
Associate Justice
ARTEMIO
V.
PANGANIBAN
LEONARDO A. QUISUMBING
Associate
Justice
Associate Justice
ARTURO B.
BUENA
CONSUELO YNARES-SANTIAGO
Associate
Justice
Associate Justice
SABINO R. DE
LEON
ANGELINA SANDOVAL-GUTIERREZ
Associate
Justice
Associate Justice
RULE
ON JUVENILES
IN CONFLICT WITH THE LAW
SECTION 1. Applicability
of the Rule. – This Rule shall apply to all criminal cases
involving
juveniles in conflict with the law.
A juvenile in conflict
with the law is a person who at the time of the commission of the
offense
is below eighteen (18) years of age but not less than nine (9) years of
age.cralaw:red
This Rule shall not
apply to an accused who at the time of initial contact as defined in
Section
4(p) of this Rule, or at any time thereafter, shall have reached the
age
of eighteen (18), in which case the regular rules on criminal procedure
shall apply without prejudice to the rights granted under Sections 36,
37, 38 and 39 of this Rule.cralaw:red
Sec. 2. Objective.
- The objective of this Rule is to ensure that the justice system
treats
every juvenile in conflict with the law in a manner that recognizes and
upholds his human dignity and worth, and instills in him respect for
the
fundamental rights and freedom of others. The Rule considers his
developmental
age and the desirability of his reintegration into and assumption of a
constructive role in society in accordance with the principle of
restorative
justice.cralaw:red
To attain this objective,
the Rule seeks:chanrobles virtual law library
(a) To
provide a
procedure in the adjudication of juveniles in conflict with the law
that
takes into account their district circumstances and assures the parties
of a fair hearing with their constitutional and statutory rights and
recognized
and respected.
(b) To
divert from
the justice system juveniles who can be cared for or placed under
community-based
alternative programs of treatment, training and rehabilitation in
conformity
with the principle of restorative justice;
(c) To
deal with
the juvenile in a family environment whenever possible, separate him
from
his parents only when necessary for his welfare or in the interest of
public
safety;
(d) To
remove from
juveniles in conflict with the law the stigma of criminality and the
consequences
of criminal behavior, and
(e) To
provide for
the care, protection and wholesome moral, mental, and physical
development
of juveniles in conflict with the law.cralaw:red
Sec. 3. Interpretation. – This Rule shall be
interpreted liberally to promote the
best interests
of the child in conformity with Philippine laws and the United Nations’
Convention on the Rights of the Child.
Sec. 4. Definitions.
– As used in this Rule,
(a) To be in
conflict
with the law means being charged with the commission of an act defined
and punished as a crime or offense under the law, including violations
of traffic laws, rules and regulations, and ordinances of local
government
units.
(b)
Serious offense
refers to any offense not covered by Section 1, par. B, Criminal Cases,
of the Rule on Summary Procedure, to wit: (1) violations of traffic
laws,
rules and regulations; (2) violations of the rental law; (3) violations
of municipal or city ordinances; (4) all other offenses punished with
imprisonment
not exceeding six months, or a fine not exceeding one thousand pesos
(P1,000.00),
or both, irrespective of other imposable penalties, accessory or
otherwise,
or of the civil liability arising therefrom; provided, however, that in
offenses involving damage to property through criminal negligence, the
imposable fine is not in excess of ten thousand (P10,000.00).cralaw:red
(c) Youth
detention
centers refers to a government-owned or operated agency providing
habilitative
and rehabilitative facilities where a juvenile in conflict with the law
may be physically restricted pending court disposition of the charge
against
him.
Intake
reports is
a preliminary written report containing the personal and other
circumstances
of the juvenile in conflict with the law and prepared by the social
worker
assigned by the Department of Social Welfare and Development (DSWD) or
local government unit to assist him as soon as he enters the justice
system.cralaw:red
(e) Case
study report
is a written report of the result of an investigation conducted by the
social worker designated by the Family
Court on the social cultural, economic and legal status or
condition
of the juvenile in conflict with the law. It includes, among others,
his
development age; educational attainment; family and social
relationships;
the quality of his peer group; the strengths and weaknesses of his
family;
parental control over him; his attitude toward the offense; if any; and
the attitude of his parents towards his responsibility for the offense.
(f)
Diversion refers
to an alternative child-appropriate process of determining the
responsibility
and treatment of a juvenile in conflict with the law on the basis of
his
social, cultural, economic, psychological or educational background
without
resorting to formal court adjudication.cralaw:red
(g)
Diversion programs
refers to programs that the juvenile in conflict with the law is
required
to undergo in lieu of formal court proceedings.cralaw:red
(h)
Disposition conference
is a meeting held by the court with the social worker who prepared the
case study report together with the juvenile in conflict with the law
and
his parents or guardian ad litem, for the purpose of
determining
the disposition measures appropriate to the personal and peculiar
circumstances
of the juvenile.cralaw:red
(i)
Recognizance
is an undertaking in lieu of a bond assumed by a parent or custodian
who
shall be responsible for the appearance in court by the juvenile in
conflict
with the law when required.cralaw:red
(j)
Probation is
a disposition alternative under which a juvenile in conflict with the
law
is released and permitted to remain in his home after conviction and
sentence.
The juvenile is subject to conditions imposed in the sentence and to
supervision
by the court and a probation officer who has the duty to return the
juvenile
to the court in case of violation of a condition of his probation.cralaw:red
(k)
Suspended sentence
is the holding in abeyance of the service of the sentence imposed by
the
court upon a finding of guilt of the juvenile in conflict with the law
who will undergo rehabilitation.cralaw:red
(l)
Community continuum
is a community-based group therapy process that provides continuous
guidance
and support to the juvenile in conflict with the law upon his release
from
rehabilitation and his reintegration into society.
(m) Age
of criminal
responsibility is the age when a juvenile who is nine (9) years or over
but under fifteen (15) years commits an offense with discernment.cralaw:red
(n)
Discernment means
the mental capacity to understand the difference between right and
wrong
and its consequences.cralaw:red
(o)
Restorative Justice
is a principle which requires a prices of resolving conflicts with the
maximum involvement of the victim, the offender, and the community and
the reassurance to the offender that he can be reintegrated into
society.
It also enhances public safety by activating the offender, the victim
and
the community in prevention strategies.
(p)
Initial contact
is the apprehension or taking into custody of a juvenile in conflict
with
the law by law enforcement officers or private citizens. It includes
the
time when the juvenile receives a subpoena under Section 3 (b) of the
same
Rule in cases that do not require preliminary investigation or where
there
is no necessity to place the juvenile under immediate custody.cralaw:red
(q)
Corporal punishment
is any kind of physical punishment inflicted on the body as
distinguished
from pecuniary punishment or fine.cralaw:red
Sec. 5. Exemption
from Criminal Liability. - A minor under nine (9) years of age at
the
time of the commission of the offense shall be exempt from criminal
liability.
A minor nine
(9)
years and above but under fifteen (15) years of age at the time of the
commission of the offense shall be committed to the care of his father
or mother, or nearest relative or family friend, in the sound
discretion
of the court and subject to its supervision. However, if the
prosecution
proves that he has acted with discernment, he shall be proceeded
against
in accordance with Sections 24 to 28, or 36 to 40 of this Rule, as the
case may be, and subjected to a delinquency prevention program as
determined
by the court.
Exemption from criminal
liability does not include exemption from civil liability which shall
be
enforced in accordance with the provisions of Article 221 of the Family
Code in relation to Article 101 of the Revised
Penal Code and Rule 111 of the Revised
Rules of Criminal Procedures.
In case the act or
omission of the juvenile involves a quasi-delict, Article 2180 of the Civil
Code apply.cralaw:red
Sec. 6. Procedure
in Taking a Juvenile into Custody. - Any person taking into
custody
a juvenile in conflict with the law shall:chanrobles virtual law library
(a) Identify
himself
and present proper identification to the juvenile;
(b)
Inform the juvenile
of the reason for such custody and advise him of his constitutional
rights
in a language or dialect understood by him;
(c)
Refrain from
using vulgar or profane words and from sexually harassing or abusing,
or
making sexual advances on the juvenile;
(d) Avoid
displaying
or using any firearm, weapon, handcuffs or other instrument of force or
restraint, unless absolutely necessary and only after all methods of
control
have been exhausted and have failed;
(e)
Refrain from
subjecting the juvenile to greater restraint than is necessary for his
apprehension;
(f) Avoid
violence
or unnecessary force;
(g)
Notify the parent
of the juvenile or his nearest relative or guardian, if any, and the
local
social welfare officer as soon as the apprehension is made;
(h) Take
the juvenile
immediately to an available government medical or health officer for a
physical and mental examination. The examination results shall be kept
confidential unless otherwise ordered by the Family Court. Whenever
treatment
for any physical or mental defect is necessary, step should be
immediately
taken by the said officer to provide the juvenile with the necessary
and
proper treatment; and;
(i) Hold
the juvenile
in secure quarters separate from that of the opposite sex and adult
offenders.cralaw:red
Sec. 7. Taking Custody
of a Juvenile Without a Warrant. - A peace officer or a private
person
taking into custody a juvenile in conflict with the law without a
warrant
shall likewise follow the provision of Sections 5, 8 and 9 of Rule 113
of the Revised
Rules of Criminal Procedure and shall forthwith deliver him to the
nearest police station. The juvenile shall be proceeded against in
accordance
with Section 7 of Rule 112.
Sec. 8. Conduct
of Initial Investigation by the Police. - The police officer
conducting
the initial investigation of a juvenile in conflict with the law shall
do so in the presence of either of the parents of the juvenile; in the
absence of both parents, the guardian or the nearest relative, or a
social
welfare officer, and the counsel of his own choice. In their presence,
the juvenile shall be informed of his constitutional rights during
custodial
investigation.cralaw:red
The right of the
juvenile to privacy shall be protected at all times. All measures
necessary
to promote this right shall be taken, including the exclusion of the
media.cralaw:red
Sec. 9. Fingerprinting
and Photographing of the Juvenile. - While under investigation, no
juvenile in conflict with law shall be fingerprinted or photographed in
a humiliating and degrading manner. The following guidelines shall be
observed
when fingerprinting or photographing the juvenile:chanroblesvirtuallawlibrary
His
fingerprint
and photograph files shall be kept separate from those of adults and
shall
be kept confidential. They may be inspected by law enforcement officers
only when necessary for the discharge of their duties and upon prior
authority
of the Family Court;
His
fingerprints
and photograph shall be removed from the files and destroyed: (1) if
the
case against him is not filed, or dismissed, or (2) when the juvenile
reaches
twenty one (21) years of age and there is no record that he committed
an
offense after reaching eighteen (18) years of age.cralaw:red
Sec. 10. Intake
Report by the Social Welfare Officer. - Upon the taking into
custody
of a juvenile in conflict with the law, the social welfare officer
assigned
to him by the DSWD shall immediately undertake a preliminary background
investigation of the juvenile and submit, prior to arraignment of the
juvenile,
a report on his findings to the Family
Court which the case may be filed.cralaw:red
Sec. 11. Filling
of Criminal Action. - A criminal action may be instituted against
a
juvenile in conflict with the law by filing a complaint with the
prosecutor
or the municipal trial court in cases where a preliminary investigation
is required. In Manila and other chartered cities, if their charters so
provide, the complaint shall be filed with the Office of the
Prosecutor.
It may also be filed directly with the Family
Court if no preliminary investigation is required under Section 1
of
Rule 112 of the Revised
Rules of Criminal Procedures.cralaw:red
All criminal actions
commenced by complaint or information shall be prosecuted under the
direction
and control of the public prosecutor assigned to the Family
Court.cralaw:red
Sec. 12. Prosecution
of Civil Action. - When a criminal action is instituted against a
juvenile
in conflict with the law, the action for recovery of civil liability
arising
from the offense charged shall be governed by Rule 111 of the Revised
Rules of Criminal Procedures.cralaw:red
Sec. 13. Preliminary
Investigation. - As far as consistent with this Rule, the
preliminary
investigation of a juvenile in conflict with the law shall be governed
by Section 3 of Rule 112 of the Revised
Rules of Criminal Procedure. If clarificatory questions become
necessary,
the Rule on Examination of a Child Witness shall apply.cralaw:red
If a preliminary
investigation is required before the filing of a complaint or
information,
the same shall be conducted by the judge of the Municipal Trial Court
or
the public prosecutor in accordance with the pertinent provisions of
Rule
112 of the Revised
Rules of Criminal Procedure.
If the investigating
prosecutor finds probable cause to hold the juvenile for trial, he
shall
prepare the corresponding resolution and information for approval by
the
provincial or city prosecutor, as the case may be. The juvenile, his
parents/nearest
relative/guardian and his counsel shall be furnished forthwith a copy
of
the approved resolution.cralaw:red
Sec. 14. Venue. - Subject to the provisions
of Section 15, Rule 110 of the Revised
Rules of Criminal Procedure, any criminal or civil action involving
a juvenile in conflict with the law shall be instituted and tried in
the Family
Court of or nearest place where the offense is committed or where
any of
its essential elements occurred.cralaw:red
Sec. 15. Recognizance.
- Before final conviction, all juveniles charged with offenses falling
under the Revised Rules on Summary Procedure shall be released on
recognizance
to the custody of their parents or other suitable person who shall be
responsible
for the juveniles' appearance in court whenever required.cralaw:red
Sec. 16. When
Bail a Matter of Right. - All juveniles in conflict with the law
shall
be admitted to bail as a matter of right before final conviction of an
offense not punishable by death, reclusion perpetua or life
imprisonment.cralaw:red
In the event the
juvenile cannot post bail for lack of financial resources, the Family
Court shall commit the juvenile pursuant to Section 18 of this Rule.cralaw:red
However, where the
juvenile does not pose a threat to public safety, the Family
Court may, motu proprio or upon motion and recommendation
of
the DSWD, release the juvenile on recognizance to the custody of his
parents
or other responsible person.cralaw:red
Sec. 17. When
Bail Not a Matter of Right. - No juvenile charged with an offense
punishable
by death, reclusion perpetua or life imprisonment shall be
admitted
to bail when evidence of guilt is strong.cralaw:red
Sec. 18. Care
of Juvenile in Conflict with the Law. - The juvenile charged with
having
committed a delinquent act, held for trial or while the case is pending
appeal, if unable to furnish bail or is denied bail, shall, from the
time
of his being taken in custody, be committed by the Family
Court to the care of the DSWD, a youth detention center, or a local
rehabilitation center recognized by the government in the province,
city
or municipality within the jurisdiction of the said court. The center
or
agency concerned shall be responsible for the juveniles' appearance in
court whenever required. In the absence of any such center or agency
within
a reasonable distance from the venue of the trial, the juvenile shall
be
detained in the provincial, city or municipal jail which shall provide
adequate quarters for the juvenile separate from adult detainees and
detainees
of the opposite sex.cralaw:red
Sec. 19. Case
Study Report. - After the institution of the criminal action, the
social
worker of the Family Court shall immediately undertake a case study of
the juvenile and his family, his environment and such other matters
relevant
to the proper disposition of the case. His report shall be submitted
within
the period fixed by the Family
Court, preferably before arraignment, to aid it in the proper
disposition
of the case.cralaw:red
Sec. 20. Diversion
Proceedings Before Arraignment. - Where the maximum penalty imposed
by law for the offense with which the juvenile in conflict with the law
is charged is imprisonment of not more than six (6) months, regardless
of fine or fine alone regardless of amount, and the corresponding
complaint
or information is filed with the Family
Court, the cases shall not be set for arraignment; instead, it
shall
forthwith be referred to the Diversion Committee which shall determine
whether the juvenile can be diverted and referred to alternative
measures
or services offered by non-court institutions. Pending determination by
the Committee, the court shall deliver the juvenile on recognizance to
the custody of his parents or legal guardian who shall be responsible
for
the presence of the juvenile during the diversion proceedings.cralaw:red
Sec. 21. Diversion
Committee. - In each Family
Court, there shall be a Diversion Committee to be composed of its
branch
clerk of court as chairperson, and the prosecutor, a lawyer of the
Public
Attorney's Office and the social worker assigned to the said Family
Court
as member.cralaw:red
The chairperson of
the Committee shall call for a conference with notice to the juvenile,
his parents/legal guardian and his counsel, and the private complainant
and his counsel, and recommend to the Family
Court whether the juvenile should be diverted to a diversion
program
or undergo formal court proceedings. In making its recommendation, the
Committee shall consider the following factors:chanrobles virtual law library
The record
of the
juvenile on his conflict with the law;
Whether
the imposable
maximum penalty of the offense is more than six (6) months, regardless
of fine; or only a fine, regardless of amount;
Whether
the juvenile
is an obvious threat to himself and/or the community;
Whether
the juvenile
is unrepentant;
Whether
the juvenile
or his parents are indifferent or hostile; and cralaw:red
Whether
the juveniles'
relationships with his peers increase the possibility of delinquent
behavior.cralaw:red
If the Committee recommends
diversion, it shall submit the diversion program for the juvenile for
the
consideration and approval of the court.
The Committee cannot
recommend diversion should the juvenile or the private complainant
object
thereto. If no diversion program is recommended, the court shall
include
the case in its calendar for formal proceedings.cralaw:red
Consent to diversion
by the juvenile or payment by him of civil indemnity shall not in any
way
be construed as admission of guilt and used as evidence against him in
the event that his case is included in the court calendar for formal
proceedings.cralaw:red
Sec. 22. Diversion
Programs. - The diversion program designed by the Committee shall
be
distinct to each juvenile in conflict with the law limited for a
specific
period. It may include any or a combination of the following:chanrobles virtual law library
Written or
oral
reprimand or citation;
Return of
property;
Payment
of the damage
caused;
Written
or oral apology;
Guidance
and supervision
orders;
Counseling
for the
juvenile and his family;
Training,
seminars
and lectures on (i) anger management skills; (ii) problem-solving
and/or
conflict resolution skills; (iii) values formation; and (iv) other
skills
that will aid the juvenile to properly deal with situations that can
lead
to a repetition of the offense;
Participation
in
available community-based programs;
Institutional
care
and custody; or
Work-detail
program
in the community.cralaw:red
Sec. 23. Hearing
of Diversion Program. - The Family Court shall set the
recommendation
and diversion program for hearing within ten (10) days from receipt
thereof.
Sec. 24. Undertaking.
- In all cases where a juvenile in conflict with the law is given the
benefit
of a diversion program, an undertaking describing the program shall be
signed by him, his parents or legal guardian and the complainant, and
approved
by the Family
Court. The program which shall be enforced under the supervision
and
control of the Family
Court, shall contain the following terms and condition:chanrobles virtual law library
(a) The
juvenile
shall present himself to the social worker of the Family
Court that approved the diversion program at least once a month for
evaluation of its effectiveness. Whenever the juvenile is permitted to
reside in a place under the jurisdiction of another Family
Court, control and supervision over him shall be transferred to the
Family
Court
of that place, and in such case, a copy of the undertaking, the intake
and case study reports and other pertinent records shall be furnished
the
said court. Thereafter, the Family
Court to which jurisdiction over the juvenile is transferred shall
have the power with respect to the latter that was previously possessed
by the Family
Court that approved the diversion and such other conditions as the
Committee may deem just and proper under the circumstances.
(b) The
juvenile
shall faithfully comply with the terms and conditions in the
undertaking.
His non-compliance shall be referred by the Committee to the Family
Court where the case has been transferred for a show-cause hearing
with notice to the juvenile and private complainant. The court shall
determine
whether the juvenile should continue with the diversion program or his
case returned to the original court for formal proceedings.cralaw:red
The Family
Court shall exert its best efforts to secure satisfaction of the
civil
liability of the juvenile and his parents or guardian. However,
inability
to pay the said liability shall not by itself be a ground to
discontinue
the diversion program of the juvenile.
Sec. 25. Closure
Order. - The juvenile subject of diversion proceedings shall be
visited
periodically by the Family
Court social worker who shall submit to the Committee his reports
thereon.
At any time before or at the end of the diversion period, a report
recommending
closure or extension of diversion, as the case may be, shall be filed
by
the Committee with the Family
Court. The report and recommendation shall be heard by the Family
Court within fifteen (15) days from its receipt thereof, with
notice
to the members of the Committee, the juvenile and his parents or legal
guardian and counsel and the complainant to determine whether the
undertaking
has been fully and satisfactorily complied with. If the juvenile has
complied
with his undertaking, the Family
Court shall issue the corresponding closure order terminating the
diversion
program. It may, however, extend the period of diversion to give the
juvenile
a further chance to be rehabilitated. In the event the court finds that
the diversion program will no longer serve its purpose, it shall
include
the case of the juvenile in its calendar for formal proceedings.cralaw:red
Sec. 26. Duty
of the Family Court to Protect the Rights of the Juvenile. - In all
criminal proceedings in the Family
Court the judge shall ensure the protection of the following rights
of the juvenile in conflict with the law:chanrobles virtual law library
(a) To
be
presumed innocent until the contrary is proved beyond reasonable doubt;
(b)
To be informed
promptly and directly of the nature and cause of the charge against
him,
and if appropriate, through his parents or legal guardians;
(c)
To be present
at every stage of the proceedings, from arraignment to promulgation of
judgment. The juvenile may, however, waive his presence at the trial
pursuant
to the stipulations set forth in his bail, unless his presence at the
trial
is specifically ordered by the court for purposes of identification.
The
absence of the juvenile without justifiable cause at the trial of which
he had notice shall be considered a waiver of his right to be present
thereat.
When the juvenile under custody escapes, he shall be deemed to have
waived
his right to be present in all subsequent hearing until custody over
him
is regained;
(d)
To have
legal and other appropriate assistance in the preparation and
presentation
of his defense;
(e) To
testify as
a witness in his own behalf and subject to cross-examination only on
matters
covered by direct examination, provided that the Rule on the
Examination
of a Child Witness shall be observed whenever convenient and
practicable.cralaw:red
The
juvenile shall
not be compelled to be a witness against himself and his silence shall
not in any manner prejudice him;
(f) To
confront and
cross-examine the witnesses against him;
(g) To
have compulsory
process issued to secure the attendance of witnesses and production of
other evidence in his behalf;
(h) To
have speedy
and impartial trial, with legal or other appropriate assistance and
preferably
in the presence of his parents or legal guardian, unless such presence
is considered not to be in the best interests of the juvenile taking
into
account his age or other peculiar circumstances;
(i) To
appeal in
all cases allowed and in the manner prescribed by law;
(j) To be
accorded
all the rights under the Rule on Examination of a Child Witness; and cralaw:red
(k) To
have his privacy
fully respected in all stages of the proceedings.cralaw:red
Sec. 27. Arraignment
and Plea. - The provisions of Rules 116 and 117 of the Revised
Rules of Criminal Procedures shall apply to the arraignment of the
juvenile in conflict with the law. The arraignment shall be scheduled
within
seven (7) days from the date of the filling of the complaint or
information
with the Family
Court, unless a shorter period is provided for by law.
Arraignment shall
be held in chambers and conducted by the judge by furnishing the
juvenile
a copy of the complaint or information, reading the same in a language
or dialect known to and understood by him, explaining the nature and
consequences
of a plea of guilty or not guilty and asking him what his plea is.cralaw:red
Sec. 28. Pre-trial.
- The provisions of Rule 118 of the Revised
Rules of Criminal Procedures shall govern the pre-trial of the
juvenile
in conflict with the law. Agreements or admissions made during the
pre-trial
conference shall be in writing and signed by the juvenile, his parents
or guardian and his counsel; otherwise, they cannot be used against him.cralaw:red
Whenever possible
and practicable, the Family
Court shall explore all possibilities of settlement of the case,
except
its criminal aspect. Plea bargaining shall be resorted to only as a
last
measure when it will serve the best interests of the juvenile and the
demands
of restorative justice.cralaw:red
Sec. 29. Trial.
- All hearings shall be conducted in a manner conducive to the best
interests
of the juvenile and in an environment that will allow him to
participate
fully and freely in accordance with the Rule on Examination of a Child
Witness.cralaw:red
Sec. 30. Guiding
Principles in Judging the Juvenile. - Subject to the provisions of
the Revised
Penal Code, as amended, and other special laws, the judgment
against
a juvenile in conflict with the law shall be guided by the following
principles:chanrobles virtual law library
1. It shall
be in
proportion to the gravity of the offense, and shall consider the
circumstances
and the best interests of the juvenile, the rights of the victim, the
needs
of society in line with the demands of restorative justice.
2.
Restrictions on
the personal liberty of the juvenile shall be limited to the minimum.
Where
discretion is given by law to the judge to determine whether the
penalty
to be imposed is fine or imprisonment, the imposition of the latter
should
be preferred as the more appropriate penalty.cralaw:red
3. No
corporal punishment
shall be imposed.cralaw:red
Sec. 31. Promulgation
of Sentence. - If after trial the Family
Court should find the juvenile in conflict with the law guilty, it
shall impose the proper penalty, including any civil liability which
the
juvenile may have incurred, and promulgate the sentence in accordance
with
Section 6, Rule 120 of the Revised
Rules of Criminal Procedure.
Sec. 32. Automatic
Suspension of Sentence and Disposition Orders. - The sentence shall
be suspended without need of application by the juvenile in conflict
with
the law. The court shall set the case for disposition conference within
fifteen (15) days from the promulgation of sentence which shall be
attended
by the social worker of the Family
Court, the juvenile, and his parents or guardian ad litem. It shall
proceed to issue any or a combination of the following disposition
measures
best suited to the rehabilitation and welfare of the juvenile: care,
guidance,
and supervision orders;
Drug and alcohol
treatment;
Participation in
group counseling and similar activities;
Commitment to the
Youth Rehabilitation Center of the DSWD or other centers for juvenile
in
conflict with the law authorized by the Secretary of the DSWD.cralaw:red
The Social Services
and Counseling Division (SSCD) of the DSWD shall monitor the compliance
by the juvenile in conflict with the law with the disposition measure
and
shall submit regularly to the Family
Court a status and progress report on the matter. The Family
Court may set a conference for the evaluation of such report in the
presence, if practicable, of the juvenile, his parents or guardian, and
other persons whose presence may be deemed necessary.cralaw:red
The benefits of suspended
sentence shall not apply to a juvenile in conflict with the law who has
once enjoyed suspension of sentence, or to one who is convicted of an
offense
punishable by death, reclusion perpetua or life imprisonment,
or
when at the time of promulgation of judgment the juvenile is already
eighteen
(18) years of age or over.cralaw:red
Sec. 33. Discharge
of Juvenile Subject of Disposition Measure. - Upon the
recommendation
of the SSCD and a duly authorized officer of the DSWD, the head of an
appropriate
center or the duly accredited child-caring agency which has custody
over
the juvenile, the Family
Court shall, after due notice to all parties and hearing, dismiss
the
case against the juvenile who has been issued disposition measures,
even
before he has reached eighteen (18) years of age, and order a final
discharge
if it finds that the juvenile has behaved properly and has shown the
capability
to be a useful member of the community.cralaw:red
If the Family Court,
however, finds that the juvenile has not behaved properly, has been
incorrigible,
has not shown the capacity of becoming a useful member of society, has
willfully failed to comply with the conditions of his disposition or
rehabilitation
program, or should his continued stay in the training institution where
he has been assigned be not in his best interest, he shall be brought
before
the court for execution of his judgment.cralaw:red
If the juvenile in
conflict with the law has reached the age of eighteen (18) years while
in commitment, the Family
Court shall determine whether to dismiss the case in accordance
with
the first paragraph of this Section or to execute the judgment of
conviction.
In the latter case, unless the juvenile has already availed of
probation
under Presidential
Decree No. 603 or other similar laws, he may apply for probation if
qualified under the provisions of the Probation Law.cralaw:red
The final release
of the juvenile shall not extinguish his civil liability. The parents
and
other persons exercising parental authority over the juvenile shall be
civilly liable for the injuries and damages caused by the acts or
omissions
of the juvenile living in their company and under the parental
authority
subject to the appropriate defenses provided by law.cralaw:red
Sec. 34. Probation
as an Alternative to Imprisonment. - After promulgation of
sentence
and upon application at any time by the juvenile in conflict with the
law
within the period to appeal, the Family
Court may place the juvenile on probation, if he is qualified under
the Probation Law.cralaw:red
Sec. 35. Credit
in Service of Sentence. - The juvenile in conflict with the law
who
has undergone preventive imprisonment shall be credited in the service
of his sentence consisting of deprivation of liberty, with the full
time
during which he has undergone preventive imprisonment, if he agrees
voluntarily
in writing to abide by the same or similar disciplinary rules imposed
upon
convicted prisoners, except in any of the following cases:chanrobles virtual law library
When the juvenile
is a recidivist or has been convicted previously twice or more times of
any crime; or
When upon
being
summoned for execution of sentence, he failed to surrender voluntarily.
If the
juvenile
does not agree to abide by the same disciplinary rules imposed upon
convicted
prisoners, he shall be credited in the service of his sentence with
four-fifths
of the time during which he has undergone preventive imprisonment.cralaw:red
Whenever the juvenile
has undergone preventive imprisonment for a period equal to or more
than
the possible maximum imprisonment of the offense charged to which he
may
be sentenced and his case is not yet terminated, he shall be released
immediately
without prejudice to the continuation of the trial thereof or the
proceeding
on appeal, if the same is under review. In case the maximum penalty to
which the juvenile may be sentenced is destierro, he shall be
released
after thirty (30) days of preventive imprisonment.cralaw:red
Any form of physical
restraint imposed on the juvenile in conflict with the law, including
community
service and commitment to a rehabilitation center, shall be considered
preventive imprisonment.cralaw:red
Sec. 36. Confidentiality
of Proceedings and Record. - All proceedings and records involving
juveniles in conflict with the law from initial contact until final
disposition
of the case by the Family
Court shall be considered privileged and confidential. The public
may
be excluded from the proceedings and pursuant to the provisions of
Section
31 of the Rule on Examination of a Child Witness, the records shall not
be disclosed directly or indirectly to anyone by any of the parties or
the participants in the proceedings for any purpose whatsoever, except
to determine if the juvenile may have his sentence suspended under
Section
25 of this Rule or he may be granted probation under the Probation Law,
or to enforce the civil liability imposed in the criminal action.cralaw:red
The Family
Court shall take other measures to protect this confidentiality of
proceedings including non-disclosure of records to the media, the
maintenance
of a separate police blotter for cases involving juveniles in conflict
with the law and the adoption of a system of coding to conceal material
information, which will lead to the juvenile's identity. Records of
juvenile
in conflict with the law shall not be used in subsequent proceedings or
cases involving the same offender as an adult.cralaw:red
Sec. 37. Non-liability
for perjury or concealment or misrepresentation. - Any person who
has
been in conflict with the law as a juvenile shall not be held guilty of
perjury or of concealment or misrepresentation by reason of his failure
to acknowledge the case or recite any fact related thereto in response
to any inquiry made to him for any purpose.cralaw:red
Sec. 38. Sealing
of Records. - The Family Court, motu proprio or on
application
of a person who has been adjudged a juvenile in conflict with the law,
or if still a minor, on motion of his parents or legal guardian, shall,
upon notice to the prosecution and after hearing, order the sealing of
the records of the case if it finds that two (2) years have elapsed
since
the final discharge of the juvenile after suspension of sentence or
probation,
or from the date of the closure order and he has no pending case of an
offense or a crime involving moral turpitude.cralaw:red
Upon entry of the
order, the case shall be treated as if it never occurred. All index
references
shall be deleted and in case of inquiry, the Family
Court, prosecution, law enforcement officers and all other offices
and agencies that dealt with the case shall reply that no record exists
with respect to the juvenile concerned. Copies of the order shall be
sent
to these officials and agencies named in the order. Inspection of the
sealed
records thereafter may be permitted only by order of the Family
Court upon petition of the juvenile who is the subject of the
records
or of other proper parties.cralaw:red
This procedure shall
be without prejudiced to the rule on destruction of video or audio
tapes
under Section 31 of the Rule on the Examination of a Child Witness.cralaw:red
Sec. 39. Prohibition
Against Labelling. - In the conduct of proceedings from initial
contact
with the juvenile in conflict with the law to the final disposition of
the case, there shall be no branding or labeling of the latter as a
young
criminal, juvenile delinquent, prostitute, vagrant, or attaching to him
in any manner any derogatory name. Likewise, no discriminatory remarks
and practices shall be allowed, particularly with respect to the
juvenile's
social or economic status, physical disability or ethnic origin.cralaw:red
Sec. 40. Contempt
Powers. - A person who directly or indirectly disobeys any order of
the Family
Court
or obstructs or interferes with its proceedings or the enforcement of
its
orders issued under this Rule shall be liable for contempt of court.cralaw:red
Sec. 41. Effectivity. - This rule shall take
effect on April 15, 2002 after its
publication
in a newspaper of general circulation not later than March 15,
2002.
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