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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:
[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.
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