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SUPREME COURT RULE ON JUVENILES IN CONFLICT WITH THE LAW

SUPREME COURT RULE ON JUVENILES IN CONFLICT WITH THE LAW. Sec. 1 A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen (18) years old but not less than fifteen (15) years and one (1) day old. DEFINITION OF TERMS.

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SUPREME COURT RULE ON JUVENILES IN CONFLICT WITH THE LAW

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  1. SUPREME COURT RULE ON JUVENILES IN CONFLICT WITH THE LAW

  2. Sec. 1 A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen (18) years old but not less than fifteen (15) years and one (1) day old. DEFINITION OF TERMS • Provided a reckoning point: at the time of the commission of the offense • If 18 or above at the time of initial contact, Rule does not apply • Does not include a child 15 years old and below

  3. DEFINITION OF TERMS Sec. 4(a) Age of criminal responsibility is the age when a child, fifteen (15) years and one (1) day old or above but below eighteen (18) years of age, commits an offense with discernment. • Clarifies that “above 15” in R.A. 9344 refers to 15 years and 1 day or above

  4. DEFINITION OF TERMS Sec. 4(p) In conflict with the law means take into custody, detained, or charged with the commission of an act defined and punished as a crime or offense under the law, including violations of traffic laws, rules and regulations, and ordinances of local government units.  • Compare with “alleged as, accused of, or adjudged” • Clarified “an offense under Philippine laws” to include traffic laws, rules and regulations, and ordinances

  5. DEFINITION OF TERMS Sec. 4(u) Non-Serious Offense refers to an offense where the imposable penalty for the crime committed is not more than six (6) years imprisonment. • This term was not used in RA 9344.

  6. DEFINITION OF TERMS Sec. 4(y) Serious offense refers to an offense where the imposable penalty for the offense committed exceeds six (6) years imprisonment.    • This term was not used in RA 9344.

  7. DETERMINATION OF AGE • New Rule clarified the hierarchy of evidence: • original or certified true copy of the certificate of live birth • similar authentic documents • baptismal certificates • school records • or any pertinent document that shows the date of birth of the child • testimony of the child, member of the family, or other persons; physical appearance and other relevant evidence

  8. DETERMINATION OF AGE • In all cases involving a child, the court shall make a categorical finding as to the age of the child.  • In case of doubt as to the age of the child, it shall be resolved in his/her favor (Section 7, RA 9344)

  9. DETERMINATION OF DISCERNMENT Sec. 10 Discernment is preliminarily determined by a social worker and finally by the court in the case of a child charged with a non-serious offense . In all other cases, discernment is determined by the court.  • RA 9344 does not indicate who shall determine discernment . • Rule 34 (c) provides that it is the LSWDO who shall make an assessment if the child acted with discernment. There is no distinction between serious and non-serious offenses.

  10. RIGHTS OF A CHILD UNDER CUSTODY Sec. 12 At the custodial investigation, a child who has been taken into custody shall have the following rights: x x x (g) While under investigation, not to be fingerprinted or photographed in a humiliating and degrading manner.  • This was not specified in RA 9344 or the IRR.

  11. RIGHTS OF VICTIMS To be reasonably protected from the child in conflict with the law To timely notice Not to be excluded from any public proceeding To be reasonably heard at any administrative or public proceeding To confer with the prosecutor To avail of legal assistance from the PAO, IBP, or any other legal aid office or law practitioner To be informed of the availability of compensation from the Board of Claims

  12. RIGHTS OF VICTIMS To be entitled to support services from the DSWD and LGUs To be entitled to all legal remedies and support as provided for under the Family Code To be informed of the rights and the services available to victims To full and timely restitution To proceedings that are free from unreasonable delay To be treated with fairness and with respect for the victim's dignity and privacy

  13. GUIDING PRINCIPLES IN JUDGING THE CHILD • Judgment • in proportion to the gravity of the offense • In line with balanced and restorative justice • consider the circumstances • best interest of the child • rights of the victim • needs of society in line with the demands of balanced and restorative justice.

  14. GUIDING PRINCIPLES IN JUDGING THE CHILD • Restrictions on the personal liberty of the child • limited to the minimum • Impose fine if the penalty for the act is fine or imprisonment • (3) No corporal punishment shall be imposed. • (4) In case of doubt, the doubt shall be resolved In favor of the child.

  15. AUTOMATIC SUSPENSION OF SENTENCE AND DISPOSITION ORDERS can be availed of even if the child is already 18 or more but not above 21 years old at the time of the pronouncement of guilt shall not apply to a child in conflict with the law who has once enjoyed suspension of sentence shall apply to CICL who is convicted of an offense punishable by reclusion perpetua or life imprisonment

  16. AUTOMATIC SUSPENSION OF SENTENCE AND DISPOSITION ORDERS • if the CICL reaches 18 years of age while under suspended sentence, court shall determine whether: • to discharge the child • to extend the suspended sentence for a maximum period of up to the time the child reaches 21, or • to order service of sentence.

  17. JUVENILE JUSTICE SYSTEM FLOW CHART FORMAL COURT PROCEEDINGS DIVERSION

  18. JUVENILE JUSTICE SYSTEM FLOW CHART DIVERSION CLOSURE EXTENSION FORMAL COURT PROCEEDINGS

  19. JUVENILE JUSTICE SYSTEM FLOW CHART FORMAL COURT PROCEEDINGS

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