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REVISED RULE ON CHILDREN INCONFLICT WITH THE LAW
(A.M. No. 02-1-18-SC)
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roce !re or #$ $' re$Ee*+,e "ro* Cr&*&$#% L&%&,
(Sec,&o$ 8)
c&% &/ 1 e#r/ o" #'e or e%o
The authoritywho had theinitial contactwith the child
shallimmediately
release thechild to the
custody of themother or
father, or theappropriate
guardian orcustodian, or
in theirabsence, the
nearestrelative.
The authorityshall
immediatelynotify the
local socialwelfare and
developmentocer of the
taking of thechild intocustody.
The localsocial welfare
anddevelopmentocer shall,
with theconsent of thechild and theperson havingcustody over
the child,
determine theappropriateinterventionprograms for
the child.
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C&%re$ Ee*+,e "ro*
Cr&*&$#% L&%&,
(Sec,&o$ 8)
If the child's parents,guardians or nearestrelatives cannot be
located, or if they refuseto take custody, the childmay be released to any of
the following: a dulyregisterednongovernmental or
religious organization abarangay ocial or a
member of the !arangay"ouncil for the #rotection
of "hildren a local socialwelfare and development
ocer or, when andwhere appropriate, the$epartment of %ocial
&elfare and $evelopment.
If the child has been foundby the local social welfareand development oce tobe abandoned, neglectedor abused by the parents,or if the parents and thechild do not consent to or
do not comply with theprevention program, the
$epartment of %ocial&elfare and $evelopmentor the ocal %ocial &elfareand $evelopment (ce
shall )le before the courta petition for involuntarycommitment pursuant to#residential $ecree *o.
+-, otherwise known asThe "hild and /outh
&elfare "ode.
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Proce!re "or C&%re$ No, Ee*+,e "ro*Cr&*&$#% L&%&, (Sec,&o$ )
C&% 3",ee$ (1) e#r/ #$ o$e (1) # o% or #o4e !,e%o e&',ee$ (18) e#r/ o" #'e #, ,e ,&*e o" ,e
co**&//&o$ o" ,e o5e$/e
0t the sound
discretion ofthe court andsub1ect to itssupervision,be released
on
recognizanceto the care ofthe willing and
responsiblemother orfather, or
appropriateguardian or
custodian, or,in their
absence, thenearest
relative.
$uties of a#erson in0uthority
Taking a "hildinto "ustody2%ection 334 5
0ssign an
alias to thechild
6nsure thatthe blotter
detailscontaining thetrue name ofthe child, if
any, aremodi)ed, tore7ect the
alias by which
the child shallbe knownthroughout
theproceedings
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68plain to
the child insimple
languageand in a
dialect that
can beunderstoodthe reasonfor placingthe child
undercustody,and theo9ense
allegedly
committed.
0dvise thechild of
hisherconstitutional rights ina languageor dialect
understandable to thechild.
#resentproper
identi)cation to thechild.
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;efrain fromusing vulgar
or profanewords and
from se8uallyharassing orabusing, or
making se8ual
advances onthe child.
0void
displaying orusing any)rearm,weapon,
handcu9s orother
instrument offorce or
restraint,unless
absolutelynecessary and
only after allmethods ofcontrol have
beene8haustedand have
failed.
0void violenceor
unnecessaryforce and
refrain fromsub1ecting the
child togreater
restraint than
is necessaryforapprehensionand custody.
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6nsure thata body
search of
the child isdone onlyby a law
enforcement ocer ofthe same
gender asthat of the
child.
6nsure
e8peditedtransfer of the
child byimmediately,or not later
than eight 2
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6nsurethat the
child is notlocked upin a 1ail ordetentioncell during
the
investigation.
!ring thechild
immediately to an
availablegovernment medicalor healthocer fora thorough
physical
andmental
e8amination.
6nsure that shoulddetention of the child incon7ict with the law be
necessary, thesegregation of the childbe secured in >uarters
separate from that of the
opposite se8 and adulto9enders, e8cept where a
child is taken intocustody for reasons
related to armed con7ict,either as combatant,
courier, guide or spy, andfamilies areaccommodated as familyunits in which case, the
child shall not beseparated from the
family.
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;ecord all the procedures
undertaken in the initialinvestigation including the
following: whether handcu9s orother instruments of restraint
were used, and if so, the reasonfor such use that the parents or
guardian of the child, the$epartment of %ocial &elfareand $evelopment, and the #ublic0ttorney's (ce were informedof the taking into custody of thechild and the details thereof themeasures that were undertaken
to determine the age of child,and the precise details of the
physical and medicale8amination or in case of failure
to submit a child to suche8amination, the reason
therefore.
6nsure that allstatements
signed by the
child during theinvestigation arewitnessed andsigned by the
child's parents orguardian, social
worker or legalcounsel inattendance.
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Co$!c, o" I$&,% I$4e/,&'#,&o$ ,e Po%&ce (Sec,&o$ 16)
The police ocer conducting the initialinvestigation of a child con7ict with the lawshall do so in the presence of either or both
of the parents, guardian or custodian, or intheir absence, the nearest relative of thechild, the child's counsel of choice, or alawyer from the #ublic 0ttorney's (ce, and
the local social welfare ocer.• 0 representative of a non=government organization,
religious group, or member of the !arangay "ouncil forthe #rotection of "hildren shall be allowed to bepresent at the investigation in the absence of the
parents, guardian, relative, or social welfare ocer.
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7!&e%&$e/ "or F&$'er+r&$,&$' #$ Po,o'r#+&$'o" ,e C&%(Sec,&o$ 1)
The child's )ngerprintand photograph )les
shall be kept separatefrom those of adults
and shall be keptcon)dential. They may
be inspected by lawenforcement ocersonly when necessary
for the e9ectivedischarge of theirduties and upon priorauthority of the court.
The )ngerprint andphotograph shall be
removed from the )lesand destroyed:
234 if the case againstthe child is not )led, or
is dismissed or2?4 when the child
reaches twenty=one2?34 years of age and
there is no record thatthe child committed ano9ense after reachingeighteen 23
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I$,#e Re+or, ,e Soc%We%"#re O9cer (Sec,&o$ 1:)
@pon the takinginto custody of achild in con7ict
with the law, the
social welfareocer assigned to
the child shallimmediatelyundertake a
preliminarybackground
investigation of thechild.
%hould a case be)led in court,
submit to the courtthe correspondingintake report prior
to the arraignment.
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F&%&$' o" Cr&*&$#% Ac,&o$(Sec,&o$ 1;)
0 criminal action may be instituted against achild in con7ict with the law by )ling acomplaint with the prosecutor.
0ll criminal actions commenced by complaint orinformation shall be prosecuted under thedirection and control of the public prosecutorassigned to the court.
#etitions for con)nement of a child drugdependent shall be )led under %ection ?3 ofthe ;ule on "hildren "harged under ;epublic0ct *o. A3+B.
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Pro/ec!,&o$ o" C&4&% Ac,&o$(Sec,&o$ 18)
&hen a criminal action isinstituted against a child in
con7ict with the law, the action
for recovery of civil liabilityarising from the o9ense
charged shall be governed by
;ule 333 of the ;evised ;ulesof "riminal #rocedure.
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Pre%&*&$#r I$4e/,&'#,&o$(Sec,&o$ 1) The
preliminaryinvestigati
on of achild
con7ict
with thelaw shall
begoverned
by%ection -
of ;ule33? of the;evised;ules of"riminal
#rocedure
.
0specially
trainedprosecutor shall beassigned
toconduct
thein>uest,
preliminary
investigation and
prosecution of the
caseinvolvinga child incon7ict
with thelaw.
The child,on theotherhand,
shall beassisted
by aprivate
lawyer orif none, a
lawyerfrom the
#ublic0ttorney's
(ce.
If there isan
allegation
orevidenceof torture
or ill=treatmentof a child
in con7ictwith the
lawduring
custodyor
detention,it shall bethe duty
of theprosecuto
r to
investigate the
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Co$!c, o" Pre%&*&$#rI$4e/,&'#,&o$ (Sec,&o$ 20)
#reliminary investigation shall be conducted inthe following instances:
2a4 when the child in con7ict with the law doesnot >ualify for diversion
2b4 when the child, the parents or guardian donot agree to diversion as provided in %ections ?C
and ?< of ;epublic 0ct *o. A-DD2c4 when, after considering the assessment andrecommendation of the social worker, theprosecutor determines that diversion is notappropriate for the child in con7ict with the law.
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Co$!c, o" Pre%&*&$#rI$4e/,&'#,&o$ (Sec,&o$ 20)
0t the preliminaryinvestigation, should
there arise a need forclari)catory >uestions tobe propounded on the
child, the ;ule on68amination of a "hild
&itness shall apply.
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F&%&$' o" I$"or*#,&o$(Sec,&o$ 21)
If theinvestigatingprosecutor
)nds probablecause to holdthe child incon7ict withthe law fortrial, there
beingdiscernment,
thecorresponding;esolution and
Informationshall beprepared forthe approval
by theprovincial or
city prosecutor,a s the case
The child and
the mother orfather, orappropriateguardian or
custodian, or inthe absence
thereof, thenearest relative,and the child'sprivate counselor lawyer from
the #ublic
0ttorney's (ceshall be
furnishedforthwith a copyof the approvedresolution and
the Information.
TheInformation shall be)led withthe court
withinforty=)ve2DB4 daysfrom thestart of
thepreliminary
investigation.
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*o Information shall be )led against achild for the commission of thefollowing:
2a4 status o9ences
2b4 vagrancy and prostitution under%ection ?? of the ;evised #enal "ode
2c4 mendicancy under #residential$ecree *o. 3B+-
2d4 sning of rugby under #residential$ecree *o. 3+3A.
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F&%&$' o" I$"or*#,&o$(Sec,&o$ 21)
"hildren taken intocustody for the foregoing
shall, with their consentand that of their parents,guardian or custodian,
instead undergoappropriate counselingand treatment program.
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D!,&e/ o" ,e C%er o" Co!r, U+o$Rece&+, o" &$"or*#,&o$ (Sec,&o$ 22)
The "lerk of "ourt,upon receipt of theInformation, shall:
234 Eaintain a separate
case docket or logbookfor cases involvingchildren in con7ict with
the law. &heneverpossible, the "lerk of"ourt shall use color
coding or other methodto easily distinguish therecords of children incon7ict with the lawfrom the other case
records
2?4 $etermine whetherthe o9ense charged
>uali)es for diversion,that is it punishable byimprisonment of not
more than twelve 23?4years, regardless of)ne, or )ne alone
regardless of theamount
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2-4 If the crime chargedis punishable by such
imprisonment,immediately assign a
temporary casenumber in accordance
with %ec. ?- of this ;uleand raFe o9 the caseto a court so that its$iversion "ommittee
can immediatelyundertake the
appropriate actionunder %ection -- of this
;ule
2D4 If the crime chargeddoes not >uality for
diversion because it is
punishable byimprisonment of morethan twelve 23?4 years,
the case shall beassigned a regular
criminal case docket
number raFed o9 to acourt for formal
proceedings.
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Ve$!e (Sec,&o$ 2
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e e#/e o re$ o$Reco'$&=#$ce ,o ,e P#re$,/>
7!#r$> C!/,o$ or Ne#re/,
Re%#,&4e (Sec,&o$ 2) The release of a childfrom a custody duringthe pendency of the caseinvolving a non=seriouso9ense Go9ense wherethe imposable penalty
for the crime committed
is not more than si8 2+4years imprisonment
2%ection D4H of this rulemay be ordered by the
court only after a hearingfor that purpose, and
upon favorablerecommendation of thesocial worker assigned to
the child, with theconformity of the public
prosecutor and theprivate complainant.
The child shallbe released to
the custody ofa willing andresponsiblemother orfather, or
appropriate
guardian orcustodian orin their
absence, thenearest
relative, whoshall be
responsible forthe child's
good behaviorand
appearance incourt
wheneverre>uired.
*o childshall beordereddetained
in 1ailpendingtrial or
hearing ofthe child's
case,sub1ect to
theprovisions
of this;ule.
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Co**&,*e$, #$ ,r#$/"er ,o # o!,Re#&%&,#,&o$ Ce$,er (Sec,&o$ 2:)
0 child charged withnon=serious o9ense,unless released on
bail or recognizance,may be transferred to
a youth detentionhome rehabilitation
center or otherappropriate facility
such as the$epartment of %ocial
&elfare and$evelopment whichshall ensure the
appearance of thechild in court.
In the absence of a youth
detention home establishedby the local governmentpursuant to %ection < of the
amily "ourts 0cts, in the cityor municipality where the
child resides or, a localrehabilitation center
recognized by thegovernment in the province,
city or municipality within the 1urisdiction of the court, or
the $epartment of %ocial&elfare and $evelopment or
other appropriate localrehabilitation center, theyouth shall be placed underthe care of a provincial, city
or municipality 1ail whichshall ensure the appearanceof the child in court when so
re>uired.
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?#&% #/ # M#,,er o" R&',(Sec,&o$ 2;)
0ll children in con7ictwith the law shall be
admitted to bail as amatter of right before)nal conviction of an
o9ense not punishable byreclusion perpetua life
imprisonment.
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We$ ?#&% No, # M#,,er o" R&',(Sec,&o$ 28)
*o child charged with
an o9ense punishableby reclusion perpetuaor life imprisonmentshall be admitted to
bail when evidence ofguilt is strong.
In this case, the courtshall commit the to ayouth detention homeor youth rehabilitation
center, or in theabsence thereof, to thecare of a provincial, city
or municipal 1ail asprovided for in %ection?C of this ;ule, which
shall be responsible forthe appearance of thechild in court whenever
re>uired.
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De,e$,&o$ Ho*e/ or
Re#&%&,#,&o$ Ce$,er/
(Sec,&o$ 2) The child in con7ict with the law who has beentransferred to a youth rehabilitation center or youthdetention home shall be provided with a healthyenvironment.
If the child is placed under the care of theprovincial, city or municipal 1ail, the child shall be
provided with ade>uate >uarters separate fromadults and prisoners of the opposite se8 dependingon the age, se8, se8ual lifestyle, and such othercircumstances and needs of the child.
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C#/e S,! Re+or,(Sec,&o$ uiry of thechild and the
child'sfamily, the
child'senvironment
and suchother
mattersrelevant to
aid the courtin the properdisposition of
the case.
The reportshall be
submittedto thecourt
preferablybefore
arraignme
nt.
If notavailableat that
time, the;eport
must besubmitted to thecourt as
soon aspossible.
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$iversion "ommittee2%ection -34
• !ranch "lerk of "ourt= chairperson
• #rosecutor, lawyer from #0( andsocial worker assigned by the courtto the child= members
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#roceedings !efore 0rraignment
2%ection -?4
• $iversion "ommittee= determine ifchild can be diverted and referred toalternative measures
• "ourt shall release child toparentguardiannearest relative orcommit child to appropriate youth
detention home or youthrehabilitation center
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• If diversion not proper= submit reportto court
• "ourt shall direct transmittal ofrecords to (ce of "lerk of "ourtthen return to court for arraignmentand formal proceedings
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#roceedings before $iversion"ommittee 2%ection --4
• #ast records of child
• ikelihood that child is an obviousthreat to himselfherself and thecommunity
• "hild has remorse
• Indi9erence or hostility ofchildparents
• "ommunity=based programs for therehabilitation and reintegration of the
child are available
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$iversion programs 2%ection-D4
• &itten or oral reprimand or citation
• &ritten or oral apology
• #ayment of damage caused
• #ayment of cost of proceedings
• ;eturn of the property
• Juidance and supervision orders
• "ounseling for the child and his family
• Training, seminars and lectures
• #articipation in available community=based programs
• &ork=detail program in the community
• Institutional care and custody
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@ndertaking 2%ection -+4
• "hild shall appear before the socialworker assigned to the child
• "hild shall faithfully comply with theterms and conditions of the program
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;eport of %ocial &orker 2%ection -C4
• ;egular monthly visit
• Keard by court within 3B days fromreceipt
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"losure (rder 2%ection -
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;ights of "I 2%ection -A4
• #resumed innocent unless proven guilty
• Informed promptly and directly of the natureand cause of the charge
•
#resent at every stage of the proceedings• egal or appropriate proceedings
• *ot to be detained pending trialhearing ofcase
• Testify as witness for hisher own behalf • #rotection at all stage of proceedings
• To appeal
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;ights if Lictims of (9ensescommitted of "I 2%ection D4
• ;easonable protection
• Timely notice of any public proceedings
• "onfer with the prosecutor in the case
• 0vail of legal assistance
• Informed
• %upport services
• egal remedies
• ;espect for dignity and privacy
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;esponsibilities of the "ourt
2%ection D34
• Eonitor status
• ;eceive and investigate complaints
• 0ccess to ade>uate services
• 6nsure child and victimsM rightsprotected
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$etermination of the !ests Interestsof "hild 2%ection D?4
• "hildMs age and se8
• Eental and physical health of child, parents
and their lifestyle and other social factors
•
6motional ties between the parents and thechild
• 0bility of parents to provide for the needs ofthe child
• 6stablished living pattern of the child 2school,home, community and religious institution4
0 i d #l
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0rraignment and #lea2%ection D-4
• ;ules 33+ and 33C
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#re=trial 2%ection DD4
• ;ule 33< to ;ules of "ourt to govern
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Trial 2%ection DB4
0ll hearings shall be conducted in amanner conducive to the bestinterest of the child and in an
environment where child canparticipate fully and freely sub1ect to;ules on 68amination of "hild
&itness
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Juiding principles in 1udging the
child 2%ection D+4
• Nudgment in proportion to the gravity ofthe o9ence
• "onsider circumstances and best
interest of child, rights of the victim andneeds of the society
• ;estriction to liberty limited to minimum
•
*o corporal punishment• In case of doubt, it should be resolved in
favor of the child
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#romulgation of %entence 2%ection
DC4
0fter trial, the court shall imposeproper penalty if found child guilty
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0utomatic %uspension of %entenceand $isposition (rders 2%ection D
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$isposition "onference 2%ection DA4
• "are, guidance and supervision of orders
• "ommunity service orders
• $rug and alcohol treatment
• #articipation in group counseling andsimilar activities and
• "ommitment to the /outh ;ehabilitation
"enter of the $%&$ or other centers forchildren in con7ict with the lawauthorized by $%&$ %ecretary
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"ompliance with the $ispositionEeasures 2%ection B4
• %ocial worker assigned to the childshall monitor compliance by the child
• "ourt shall set conference for
evaluation of the child
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#robation as an 0lternative toImprisonment 2%ection B?4
• The court may, after it shall haveconvicted and sentenced a child incon7ict with the law and upon
application at any time, place thechild on probation if >uali)ed, in lieuof service of sentence taking into
account the best interest of the child
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*on=liability for #er1ury or "oncealmentor Eisrepresentation 2%ection BB4
• 0ny person who has been in con7ictwith the law as a child shall not beheld guilty of per1ury or of
concealment or misrepresentation byreason of failure to acknowledge thecase or recite any fact related
thereto in response to any in1uiry
#rohibiting abeling 2%ection
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#rohibiting abeling 2%ectionBC4
• *o branding of child as youngcriminal, 1uvenile delin>uent,prostitute, vagrant or any other
attaching to a childMs name in aderogatory description or manner
"ontempt #ower 2%ection
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"ontempt #ower 2%ectionB
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69ectivity 2%ection BA4
• ?C *ovember ?A