CIRCULAR
NO. 5[1987]
TO: REGIONAL
TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN
CITIES,
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS
SUBJECT:
SPECIAL RULES IN CRIMINAL PROCEEDINGS INVOLVING YOUTHFUL OFFENDERS.
The 1987 Constitution
affirms the duty of the State to promote and protect the physical,
moral,
spiritual, intellectual and social well-being of the youth. [Sec. 13,
Art.
II, 1987 Constitution]. It has long been recognized that youthful
offenders
should be afforded special treatment in our judicial system. To attain
this objective, the following special rules are established:
[1] In every
station
of a multiple-sala trial court, except the Regional Trial Court
stationed
in the National Capital Judicial Region where designations were already
extended in Administrative Order No. 35, Series of 1986, of this Court,
cases involving youthful offenders shall be assigned exclusively to one
or more branches designated by the Supreme Court. The Judges thereof
shall
take cognizance of these cases in addition to their regular duties.
This
rule does not apply to those cases whose trial had already been
commenced
which shall remain with the branches where they were assigned prior to
the effective date of this Circular.
[2] Every
trial
Judge handling these cases, shall endeavor to assign specific days for
the trial thereof to the exclusion of criminal cases filed against
adult
offenders.
[3] Trial
Judges
should secure the assistance of the proper social welfare official in
the
area, including that of the local officer of the Department of Social
Welfare
and Development, and other private agencies devoted to the case and
rehabilitation
of such offenders.
[4]
Strict compliance
with the provisions of the Child and Youth Welfare Code is herewith
enjoined,
specially the provisions of Article 191 thereof on the detention of
youthful
offenders.
[5]
Executive Judges
conducting inspections of provincial or city jails and other detention
centers should take particular attention to the treatment of youthful
offenders
therein confined, to determine whether there is compliance with the
Child
and Youth Welfare Code.
[6] In
all cases,
the trial Judges should so conduct their proceeding in a manner that
would
not traumatize the youthful offenders, and insure respect and
protection
for their human dignity.
For the purpose of implementing
paragraph [1] hereof, the proper Regional Trial Court Executive Judges
are hereby directed to submit within ten [10] days from receipt of a
copy
of this Circular, their recommendations on the branch or branches to be
designated.
This Circular shall
take effect immediately.
April 7, 1987.
[Sgd.]
CLAUDIO
TEEHANKEE Chief
Justice
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