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PRESIDENTIAL DECREE NO. 1210
PRESIDENTIAL DECREE NO. 1210 -
AMENDING CERTAIN PROVISIONS OF CHAPTER THREE, TITLE EIGHT OF
PRESIDENTIAL DECREE NUMBERED SIX HUNDRED AND THREE AS AMENDED OTHERWISE
KNOWN AS THE CHILD AND YOUTH WELFARE CODE AND FOR OTHER PURPOSES
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WHEREAS,
some of the provisions of Presidential Decree No. 603 as amended, which
deal with youthful offenders are still deficient or ambiguous; chanroblesvirtualawlibrary
WHEREAS, it is necessary that said provisions be clarified and
strengthened so as to promote their effectiveness in dealing with
juvenile delinquency more in particular with youthful offenders
involved in offenses triable by the Military Tribunals. 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 and order as follows:cralaw:red
Section 1. ARTICLE 191 of Presidential Decree No. 603
is hereby amended to read as follows:cralaw:red
"Article 101. Care of Youthful Offender Held for
Examination or Trial. — A youthful offender held for physical and
mental examination or trial or pending appeal, if unable to furnish
bail, shall from the time of his arrest be committed to the care of the
Dept. of Social Services and Development or the local rehabilitation
center or a detention home in the province or city which shall be
responsible for his appearance in court whenever required: Provided,
that in the absence of any such center or agency within a reasonable
distance from the venue of the trial, the provincial, city and
municipal jail shall provide quarters for youthful offenders separate
from other detainees. The court may, in its discretion upon
recommendation of the Department of Social Services & Development
or other agency or agencies authorized by the Court, release a youthful
offender on recognizance, to the custody of his parents or other
suitable person who shall be responsible for his appearance whenever
required. However, in the case of those whose cases fall under the
exclusive jurisdiction of the Military Tribunals, they may be committed
at any military detention or rehabilitation center. chanroblesvirtualawlibrary
Section 2. ARTICLE 192 of Presidential Decree No. 603
as amended is further amended to read as follows:cralaw:red
"Art. 192. Suspension of sentence and Commitment of
Youthful Offender. — If after hearing the evidence in the proper
proceedings, the court should find that the youthful offender has
committed the acts charged against him, the court, shall determine the
imposable penalty, including any civil liability chargeable against
him. However, instead of pronouncing judgment of conviction, the court
upon application of the youthful offender and if it finds that the best
interest of the public as well as that of the offender will be served
thereby, may suspend all further proceedings and commit such minor to
the custody or care of the Department of Social Services and
Development or to any training institution operated by the government
or any other responsible person until he shall have reached twenty one
years of age, or for a shorter period as the court may deem proper,
after considering the reports and recommendations of the Department of
Social Services and Development or the government training institution
or responsible person under whose care he has been committed.
Upon receipt of the application of the youthful offender for suspension
of his sentence, the court may require the Department of Social
Services and Development to prepare and submit to the court a social
case study report over the offender and his family.
The Youthful offender shall be subject to visitation and supervision by
a representative of the Department of Social Services & Development
or government training institution as the court may designate subject
to such conditions as it may prescribe.
The benefits of this article shall not apply to a youthful offender who
has once enjoyed suspension of sentence under its provisions or to one
who is convicted of an offense punishable by death or life imprisonment
or to one who is convicted for an offense by the Military Tribunals.
DONE in the City of Manila,
this 11th day of October in the year of Our Lord, nineteen hundred and
seventy-seven.
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Since 19.07.98
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