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PRESIDENTIAL DECREE NO. 798
PRESIDENTIAL DECREE NO. 798
- AUTHORIZING THE CONFINEMENT IN REHABILITATION CENTERS OR
REFORMATORIES OF TRUANTS AND YOUTHS OUT OF SCHOOL FOR NO LEGITIMATE
REASON
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chanroblesvirtualawlibrary
WHEREAS,
the youth of the land is a significant human resource for nation
building;chanroblesvirtualawlibrary
WHEREAS, there are many truant and out-of-school youths who are merely
wasting their time and leading irresolute lives or exhausting their
potentialities in non- productive and troublesome
activities; chanroblesvirtualawlibrary
WHEREAS, it is imperative that these youths should devote their time
and direct their energies to the pursuit of their education or training
in certain endeavors to the end that they may become useful members of
society;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree:cralaw:red
Section 1. Any person of school age and who is not
attending school without any legitimate reason, shall be subject to
confinement at any rehabilitation center or reformatory as hereinafter
provided. chanroblesvirtualawlibrary
For purposes of this Decree, a legitimate reason for being out of
school may be any of the following:cralaw:red
1. Poverty
2. Illness
3. Grave physical or mental defect
4. Failure to obtain accommodation in any public
school due to over-enrolment in such school
5. Other analogous reasons
Section 2. Any person who is enrolled in school but
who stays out of school for a period of more than five consecutive
school days or for intermittent periods of less duration but with such
regularity as to affect the continuity of his schooling, without
permission from the school authorities and or for no legitimate reason
as defined in the preceding paragraph shall fall within the purview of
this Decree.
Section 3. Upon verified petition of either of a
youth's parents, or, in their default, his guardian, or of any person
in authority in the municipality or city where such youth resides,
filed with the power Court of First Instance of the province or city,
as the case may be, or where such youth is under 16 years of age, with
the Juvenile and Domestic Relations Court in provinces or cities where
such a court has been established, such youth may upon due finding by
said court that he is out of school for no legitimate or a truant
within the purview of Section 1 or any rehabilitation center or
reformatory as shall be determined by the same court. chanroblesvirtualawlibrary
Section 4. A confinement order issued under the
preceding section, shall be immediately executory and no appeal may be
taken therefrom. In the case of a youth, out of school within the
purview of section 1 hereof, the period of confinement shall last until
such time as the person confined shall have been enrolled in the
appropriate school recognized by the government or shall have learned a
useful trade, vocation or occupation in the rehabilitation center or
reformatory as determined by the had thereof.
In case of truant within the purview of section 2 hereof, he shall not
be ordered confined immediately but shall be granted a probational
period of two school months within which to correct his truancy by
attending school regularly. If he should within this period show no
signs of correcting his truancy, he shall be ordered confined in the
rehabilitation center or reformatory for the same period mentioned in
the preceding paragraph.
Section 5. An order of confinement under this Decree
shall not be considered a penalty. All proceedings undertaken in
connection with the petition filed under Section 3 hereof shall be
confidential and all records of such proceedings shall be destroyed
immediately upon the dismissal of said petition, or upon the release of
the person ordered confined pursuant to the same
section. chanroblesvirtualawlibrary
Section 6. This Decree shall take effect immediately;
Provided, That out-of-school youths who have failed to enroll during
the enrolment period immediately preceding the effectivity of this
Decree shall not be subject to confinement as prescribed herein; but
the provisions of this section shall apply to them if they should fail
for no legitimate reason to enroll in the enrolment period immediately
following the effectivity hereof.
Done in the City of Manila,
this 11th day of September, in the year of Our Lord, nineteen hundred
and seventy-five.
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Since 19.07.98
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