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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

Republic Act No. 9262

March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman

or her child. It includes, but is not limited to:

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex

object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force,

threat of force, physical or other harm or threat of physical or other harm or coercion;

c)

Prostituting the woman or child.

C.

"Psychological violence" refers to acts or omissions causing or likely to cause mental or

emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially

dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate

profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and

enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money

or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological

and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife

without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing

of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the

Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable

of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

(a)

Causing physical harm to the woman or her child;

(b)

Threatening to cause the woman or her child physical harm;

(c)

Attempting to cause the woman or her child physical harm;

(d)

Placing the woman or her child in fear of imminent physical harm;

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

(e) Attempting to compel or compelling the woman or her child to engage in conduct which

the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to

her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support

legally due her or her family, or deliberately providing the woman's children insufficient financial support;

(3)

Depriving or threatening to deprive the woman or her child of a legal right;

(4)

Preventing the woman in engaging in any legitimate profession, occupation, business or

activity or controlling the victim's own mon4ey or properties, or solely controlling the

conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling

her actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity

which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another,

that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:

(1)

Stalking or following the woman or her child in public or private places;

(2)

Peering in the window or lingering outside the residence of the woman or her child;

(3)

Entering or remaining in the dwelling or on the property of the woman or her child

against her/his will;

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of

the woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her

child, including, but not limited to, repeated verbal and emotional abuse, and denial of

financial support or custody of minor children of access to the woman's child/children.

SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated

parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.

(b)

Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c)

Acts falling under Section 5(e) shall be punished by prision correccional;

(d)

Acts falling under Section 5(f) shall be punished by arresto mayor;

(e)

Acts falling under Section 5(g) shall be punished by prision mayor;

(f)

Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section.

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the following reliefs:

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(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or

otherwise communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner,

regardless of ownership of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a law enforcement

agent to accompany the respondent has gathered his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or

household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member;

CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

Directing lawful possession and use by petitioner of an automobile and other essential

personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal belongings;

(e)

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the following:

(a)

the offended party;

(b)

parents or guardians of the offended party;

(f)

Granting a temporary or permanent custody of a child/children to the petitioner;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;

(g)

Directing the respondent to provide support to the woman and/or her child if entitled

to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;

(d) officers or social workers of the DSWD or social workers of local government units

 

(LGUs);

(e)

police officers, preferably those in charge of women and children's desks;

(f)

Punong Barangay or Barangay Kagawad;

(h)

Prohibition of the respondent from any use or possession of any firearm or deadly

(g)

lawyer, counselor, therapist or healthcare provider of the petitioner;

weapon and order him to surrender the same to the court for appropriate disposition by the court, including revocation of license and disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter;

(h)

At least two (2) concerned responsible citizens of the city or municipality where the

violence against women and their children occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.

(i)

Restitution for actual damages caused by the violence inflicted, including, but not limited

to, property damage, medical expenses, childcare expenses and loss of income;

(j)

Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k)

Provision of such other forms of relief as the court deems necessary to protect and

provide for the safety of the petitioner and any designated family or household member, provided petitioner and any designated family or household member consents to such relief.

SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall contain, among other, the following information:

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or the court from granting a TPO or PPO.

(a)

names and addresses of petitioner and respondent;

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(b)

description of relationships between petitioner and respondent;

parte. The lack of access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO.

(c)

a statement of the circumstances of the abuse;

(d)

description of the reliefs requested by petitioner as specified in Section 8 herein;

However, a private counsel offering free legal service is not barred from representing the petitioner.

(e)

request for counsel and reasons for such;

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

(f)

request for waiver of application fees until hearing; and

(g)

an attestation that there is no pending application for a protection order in another

court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non- availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and

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immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a protection order within the reglementary period specified in the previous section without justifiable cause shall render the official or judge administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as soon as possible. The hearing

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the basis of applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an application.

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Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders shall be applicable in impliedly instituted with the criminal actions involving violence against women and their children.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).

CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the following duties:

SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

(a)

respond immediately to a call for help or request for assistance or protection of the

victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

SECTION 25. Public Crime. – Violence against women and their children shall be considered

a

public offense which may be prosecuted upon the filing of a complaint by any citizen

(b)

confiscate any deadly weapon in the possession of the perpetrator or within plain view;

having personal knowledge of the circumstances involving the commission of the crime.

 

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d)

assist the victim in removing personal belongs from the house;

(e)

assist the barangay officials and other government officers and employees who respond

 

to a call for help;

In

the determination of the state of mind of the woman who was suffering from battered

woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;

(g)

arrest the suspected perpetrator wiithout a warrant when any of the acts of violence

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-altering substance shall not be a defense under this Act.

SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support of her child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise.

defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and

(h)

immediately report the call for assessment or assistance of the DSWD, social Welfare

Department of LGUs or accredited non-government organizations (NGOs).

A

victim who is suffering from battered woman syndrome shall not be disqualified from

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

having custody of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the following duties when dealing with victims under this Act:

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been informed by the victim of violence shall:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and

(a)

properly document any of the victim's physical, emotional or psychological injuries;

privileges for indigent litigants.

 

(b)

properly record any of victim's suspicions, observations and circumstances of the

examination or visit;

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(b)

to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public

(c)

automatically provide the victim free of charge a medical certificate concerning the

legal assistance office;

examination or visit;

(c)

To be entitled to support services form the DSWD and LGUs'

(d)

safeguard the records and make them available to the victim upon request at actual

 

cost; and

(d)

To be entitled to all legal remedies and support as provided for under the Family Code;

 

and

(e)

provide the victim immediate and adequate notice of rights and remedies provided

under this Act, and services available to them.

(e)

To be informed of their rights and the services available to them including their right to

apply for a protection order.

SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish programs such as, but not limited to, education and information campaign and seminars or symposia on the nature, causes, incidence and consequences of such violence particularly towards educating the public on its social impacts.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order in cases prosecuted under this Act.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and training of their officers and personnel on the prevention of violence against women and their children under the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC- VAWC). In pursuance of the abovementioned policy, there is hereby established an Inter- Agency Council on Violence Against Women and their children, hereinafter known as the Council, which shall be composed of the following agencies:

Failure to comply with this Section shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their children as herein defined, any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom.

(a)

Department of Social Welfare and Development (DSWD);

(b)

National Commission on the Role of Filipino Women (NCRFW);

(c)

Civil Service Commission (CSC);

(d)

Commission on Human rights (CHR)

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against women and their children shall have the following rights:

(e)

Council for the Welfare of Children (CWC);

(a)

to be treated with respect and dignity;

(f)

Department of Justice (DOJ);

 

(g)

Department of the Interior and Local Government (DILG);

Compiled by Cid Benedict D. Pabalan

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

(h) Philippine National Police (PNP);

b.

the legal rights of, and remedies available to, victims of violence against women and their

children;

(i)

Department of Health (DOH);

 
 

c. the services and facilities available to victims or survivors;

(j)

Department of Education (DepEd);

 

d. the legal duties imposed on police officers to make arrest and to offer protection and

(k) Department of Labor and Employment (DOLE); and

assistance; and

(l)

National Bureau of Investigation (NBI).

e.

techniques for handling incidents of violence against women and their children that

 

minimize the likelihood of injury to the officer and promote the safety of the victim or

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives.

 

survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police officers and barangay officials to enable them to properly handle cases of violence against women and their children.

The Council members may designate their duly authorized representative who shall have a rank not lower than an assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations.

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistance.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co- employee who is a victim under this Act shall likewise be liable for discrimination.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.

SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter's consent, shall be liable to the contempt power of the court.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – All agencies involved in responding to violence against women and their children cases shall be required to undergo education and training to acquaint them with:

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00).

a. the nature, extend and causes of violence against women and their children;

SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the annual General Appropriations Act (GAA).

Compiled by Cid Benedict D. Pabalan

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable laws, shall have suppletory application.

SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions shall not be affected.

SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2) newspapers of general circulation.

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

Republic Act No. 9775

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Child Pornography Act of 2009."

Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual, emotional, psychological and social well-being. Towards this end, the State shall:

(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and

other conditions prejudicial to his/her development;

(b)

Protect every child from all forms of exploitation and abuse including, but not limited

to:

(1)

the use of a child in pornographic performances and materials; and

(2)

the inducement or coercion of a child to engage or be involved in pornography through

whatever means; and

(c) Comply with international treaties to which the Philippines is a signatory or a State party

concerning the rights of children which include, but not limited to, the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child of the Child on the Sale of Children, Child Prostitution and Child Pornography, the International Labor Organization (ILO) Convention No.182 on the Elimination of the Worst Forms of Child Labor and the Convention Against Transnational Organized Crime.

Section 3. Definition of Terms. -

(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully

take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

For the purpose of this Act, a child shall also refer to:

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

(1) a person regardless of age who is presented, depicted or portrayed as a child as defined

herein; and

(2) computer-generated, digitally or manually crafted images or graphics of a person who

is represented or who is made to appear to be a child as defined herein.

(b) "Child pornography" refers to any representation, whether visual, audio, or written

combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities.

(c)

"Explicit Sexual Activity" includes actual or simulated -

(1)

As to form:

(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex;

(2)

bestiality;

(3)

masturbation;

(4)

sadistic or masochistic abuse;

(5)

lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or

(6)

use of any object or instrument for lascivious acts

(d)

"Internet address" refers to a website, bulletin board service, internet chat room or

news group, or any other internet or shared network protocol address.

(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer

services to the public for the use of its computer/s or computer system for the purpose of

accessing the internet, computer games or related services.

(f) "Internet content host" refers to a person who hosts or who proposes to host internet

content in the Philippines.

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

(g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to

supply, an internet carriage service to the public.

(h) "Grooming" refers to the act of preparing a child or someone who the offender believes

to be a child for sexual activity or sexual relationship by communicating any form of child pornography. It includes online enticement or enticement through any other means.

(i) "Luring" refers to the act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of child pornography.(2) Bestiality;

(j) "Pandering" refers to the act of offering, advertising, promoting, representing or

distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography, regardless of the actual content of the material or purported material.

(k) "Person" refers to any natural or juridical entity.

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or

production of any form of child pornography;

(b)

To produce, direct, manufacture or create any form of child pornography;

(c)

To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or

import any form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or

broadcast: Provided. That possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or

broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in

cooperation with other entities, to distribute any form of child pornography;

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

(g) For a parent, legal guardian or person having custody or control of a child to knowingly

permit the child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

(i)

To engage in pandering of any form of child pornography;

(j)

To willfully access any form of child pornography;

(k)

To conspire to commit any of the prohibited acts stated in this section. Conspiracy to

commit any form of child pornography shall be committed when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it; and

(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another and shall be punished under Section 15(a) of this Act.

Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography and other offenses punishable under this Act may be filed by the following:

12

(a)

Offended party;

(b)

Parents or guardians;

(c)

Ascendant or collateral relative within the third degree of consanguinity;

(d)

Officer, social worker or representative of a licensed child-caring institution;

(e)

Officer or social worker of the Department of Social Welfare and Development (DSWD);

(f)

Local social welfare development officer;

(g)

Barangay chairman;

(h)

Any law enforcement officer;

CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

(i)

At least three (3) concerned responsible citizens residing in the place where the violation

filtering software that will block access to or transmission of any form of the child pornography.

occurred; or

(j)

Any person who has personal knowledge of the circumstances of the commission of any

Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business Establishments. - All mall owners/operators and owners or lessors of other business establishments shall notify the PNP or the NBI within seven (7) days from obtaining facts and circumstances that child pornography is being committed in their premises. Provided, That public display of any form of child pornography within their premises is a conclusive presumption of the knowledge of the mall owners/operators and owners or lessors of other business establishments of the violation of this Act: Provided, further, That a disputable presumption of knowledge by mall owners/operators and owners or lessors of other business establishments should know or reasonably know that a violation of this Act is being committed in their premises.

offense under this Act.

Section 7. Appointment of Special Prosecutors. - The Department of Justice (DOJ) shall appoint or designate special prosecutors to prosecute cases for the violation of this Act.

Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be vested in the Family Court which has territorial jurisdiction over the place where the offense or any of its essential elements was committed pursuant to Republic Act No. 8369, otherwise known as "Family Courts Act of 1997".

Section 9. Duties of an Internet Service Provider (ISP). - All internet service providers (ISPs) shall notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from obtaining facts and circumstances that any form of child pornography is being committed using its server or facility. Nothing in this section may be construed to require an ISP to engage in the monitoring of any user, subscriber or customer, or the content of any communication of any such person: Provided, That no ISP shall be held civilly liable for damages on account of any notice given in good faith in compliance with this section.

Photo developers, information technology professionals, credit card companies and banks and any person who has direct knowledge of any form of child pornography activities shall have the duty to report any suspected child pornography materials or transactions to the proper authorities within seven (7) days from discovery thereof.

Any willful and intentional violation of this provision shall be subject to the penalty provided under Section 15(l) of this Act.

Section 11. Duties of an Internet Content Host. - An internet content host shall:

Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by relevant authorities.

(a)

Not host any form of child pornography on its internet address;

An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain access to an internet address which contains any form of child pornography.

(b)

Within seven (7) days, report the presence of any form of child pornography, as well as

the particulars of the person maintaining, hosting, distributing or in any manner contributing to such internet address, to the proper authorities; and

All ISPs shall install available technology, program or software to ensure that access to or transmittal of any form of child pornography will be blocked or filtered.

(c)

Preserve such evidence for purposes of investigation and prosecution by relevant

authorities.

An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty provided under Section 15(k) of this Act.

An internet content host shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain access to an internet address that contains any form of child pornography.

The National Telecommunications Commission (NTC) shall promulgate within ninety (90) days from the effectivity of this Act the necessary rules and regulations for the implementation of this provision which shall include, among others, the installation of

An internet content host who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty provided under Section 15(j) of this Act: Provided, That the failure of the internet content host to remove any form of child pornography

Compiled by Cid Benedict D. Pabalan

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

within forty-eight (48) hours from receiving the notice that any form of child pornography is hitting its server shall be conclusive evidence of willful and intentional violation thereof.

(1)

Any form of child pornography may be viewed only by the parties, their counsel, their

expert witness and guardian ad litem;

Section 12. Authority to Regulate Internet Café or Kiosk. - The local government unit (LGU) of the city or municipality where an internet café or kiosk is located shall have the authority to monitor and regulate the establishment and operation of the same or similar establishments in order to prevent violation of the provisions of this Act.

(2)

Neither form of child pornography nor any portion thereof shall be divulged to any other

person, except as necessary for investigation, prosecution or trial; and

(3)

No person shall be granted access to any form of child pornography or any part thereof

Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the investigation, prosecution and trial of an offense under this Act. Towards this end, the following rules shall be observed:

unless he/she signs a written affirmation that he/she has received and read a copy of the protection order; that he/she submits to the jurisdiction of the court with respect to the protective order; and that, in case of violation thereof, he/she will be subject to the contempt power of the court; and

(a)

The judge, prosecutor or any officer of the law to whom the complaint has been referred

(e)

In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful

to may, whenever necessary to ensure a fair and impartial proceeding and after considering

for any editor, publisher and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of the movie industry, or any person utilizing the tri-media facilities or information technology to publish or broadcast the names of the victims of any case of child pornography.

all circumstances for the best interest of the child conduct a closed-door investigation, prosecution or trial;

(b) The name and personal circumstances of the child, including the child's immediate family, or any other information tending to establish his/her identity shall not be disclosed to the public;

Any violation of this provision shall be subject to the penalty provided for under Section 15(m) of this Act.

(c)

Any record regarding a child shall be confidential and kept under seal. Except upon

Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that the child who is a victim of any form of child pornography is provided appropriate care, custody and support for their recovery and reintegration in accordance with existing laws.

written request and order of the court, a record shall be released only to the following:

(1)

Members of the court staff for administrative use;

 

(2)

The prosecuting attorney;

The child and his family shall be entitled to protection as well as to the rights and benefits of witnesses under Republic Act No. 6981, otherwise known as "The Witness Protection, Security and Benefit Act".

(3)

Defense counsel;

The child shall also be considered as a victim of a violent crime defined under Section 3(d) of Republic Act No. 7309, otherwise known as "An Act Creating a Board of Claims under the Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes", so that the child may claim compensation therein.

(4)

The guardian ad litem;

(5)

Agents of investigating law enforcement agencies and

(6)

Other persons as determined by the court.

Section 15. Penalties and Sanctions. - The following penalties and sanctions are hereby established for offenses enumerated in this Act:

(d)

Any form of child pornography that is part of the court records shall be subject to a

protective order that provides as follows:

(a)

Any person found guilty of syndicated child pornography as defined in Section 5 of this

Act shall suffer the penalty of reclusion perpetua and a fine of not less than Two million

pesos (Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00);

Compiled by Cid Benedict D. Pabalan

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer the

penalty of reclusion temporal in its maximum period and a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million (Php2,000,000.00);

(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer the

penalty of reclusion temporal in its medium period and a fine of not less than Seven hundred fifty thousand pesos (Php750,000.00) but not more than One million pesos

(Php1,000,000.00);

(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the penalty of

reclusion temporal in its minimum period and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Seven hundred thousand pesos (Php700,000.00);

(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the penalty of

prision mayor in its maximum period and a fine of not less than Three hundred thousand

pesos (Php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);

(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty of

prision mayor in its minimum period and a fine of not less than Three hundred thousand pesos (php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);

(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty of

prision correccional in its maximum period and a fine of not less than Two hundred thousand pesos (Php200,000.00) but not more than Three hundred thousand pesos

(Php300,000.00);

(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty of

prision correccional in its medium period and a fine of not less than One hundred thousand pesos (php100,000.00) but not more than Two hundred fifty thousand pesos

(php250,000.00);

(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty of

arresto mayor in its minimum period and a fine of not less than Fifty thousand pesos (Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00);

(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty of

prision correccional in its medium period and a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty shall be a fine not less than Two

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

million pesos (Php2,000,000.00) but not more than Three million pesos (Php3,000,000.00) and revocation of its license to operate and immediate closure of the establishment;

(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and

installation requirements under Section 9 of this Act shall suffer the penalty of a fine of not

less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) for the first offense. In case of subsequent offense, the penalty shall be a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) and revocation of its license to operate;

(l) Any mall owner-operator and owner or lessor of other business establishments including photo developers, information technology professionals, credit card companies and banks, found guilty of willfully and knowingly failing to comply with the notice requirements under Section 10 of this Act shall suffer the penalty of a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty shall be a fine of not less than Two million pesos (Php2,000,000.00) but not more than Three million pesos (Php3,000,000.00) and revocation of its license to operate and immediate closure of the establishment; and

(m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty of arresto mayor in its minimum period and a fine of not less than One hundred thousand pesos (Php100,000.00) but not more than Three hundred thousand pesos (Php300,000.00).

Section 16. Common Penal Provisions. -

15

(a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative within

the third degree of consanguinity or affinity or any person having control or moral ascendancy over the child, the penalty provided herein shall be in its maximum duration; Provided, That this provision shall not apply to Section 4(g) of this Act;

(b) If the offender is a juridical person, the penalty shall be imposed upon the owner,

manager, partner, member of the board of directors and/or any responsible officer who participated in the commission of the crime or shall have knowingly permitted or failed to prevent its commissions;

(c) If the offender is a foreigner, he/she shall be immediately deported after the complete

service of his/her sentence and shall forever be barred from entering the country; and

(d) The penalty provided for in this Act shall be imposed in its maximum duration if the

offender is a public officer or employee.

CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child Pornography. - In addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture in favor of the government of all the proceeds, tools and instruments used in the commission of the crime, unless they are the property of a third person not liable for the unlawful act; Provided, however, That all awards for damages shall be taken from the personal and separate properties of the offender; Provided, further, That if such properties are insufficient, the deficiency shall be taken from the confiscated and forfeited proceeds, tools and instruments.

Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and reintegration of the child victims shall adopted and carried out.

Section 19. Programs for Victims of Child Pornography. The Inter-Agency Council Against Child Pornography created under Section 20 of this Act shall develop and implement the necessary programs that will prevent any form of child pornography, as well as protect, heal and reintegrate the child into the mainstream of society. Such programs shall include beat but not limited to the following:

 

(a)

Provision of mandatory services including counseling free legal services, medical or

All proceeds derived from the sale of properties used for the commission of any form of child pornography shall accrue to the special account of the DSWD which shall be used exclusively for the implementation of this Act.

psychological services, livelihood and skills training and educational assistance to the child

pursuant to Section 18 of this Act;

 
 

(b)

Sponsorship of a national research program on any form of child pornography and other

When the proceeds, tools and instruments used in the commission of the offense have been destroyed diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, tools and instruments used in the commission of the offense.1avvphi1

acts covered by the law and the establishment of a data collection system for monitoring

and evaluation purposes;

 

(c)

Provision

of

necessary

technical

and

material

support

services

to

appropriate

government agencies and nongovernmental organizations:

 
 

(d)

Sponsorship of conferences and seminars to provide venue for consensus building

Section 18. Mandatory Services to Victims of Child Pornography. - To ensure recovery, rehabilitation and reintegration into the mainstream of society concerned government agencies and the LGUs shall make available the following services to victims of any form of child pornography:

amongst the public, the academe , government, nongovernmental and international

organizations and

 

(e)

Promotion of information and education campaign.

 

(a)

Emergency shelter or appropriate housing;

Section 20. Inter - Agency Council against Child Pornography. - There is hereby established an Inter-Agency Council against Child Pornography to be composed of the Secretary of the DSWD as chairperson and the following as members:

(b)

Counseling;

 

(a)

Secretary of the Department of Justice:

 

(c)

Free legal services, which shall include information about the victim's rights and the

 

procedure for filing of complaints, claims for compensation and such other legal remedies available to them in a language understood by the child;

(b)

Secretary of the Department of Labor and Employment

 

(c)

Secretary of the Department of Science and Technology

(d)

Medical or psychological services;

 
 

(d)

Chief of the Philippine National Police;

 

(e)

Livelihood and skills training; and

 
 

(e)

Chairperson of the Commission on Information and Communications Technology;

(f)

Educational assistance.

 
 

(g)

Commissioner of the National Telecommunications Commission;

 

Compiled by Cid Benedict D. Pabalan

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under Judge Rowena Apao-Adlawan A.Y. 2014-2015

(h)

Executive Director of the Council for the Welfare of Children;

(g)

Assist in the filling of cases against individuals, agencies, institutions or establishments

 

that violate the provisions of this Act;

(i)

Executive Director of the Philippine Center for Transnational Crimes;

 

(h) Formulate a program for the reintegration of victims of child pornography;

(j)

Executive Director of the Optical Media Board;

 

(i) Secure from any department, bureau, office, agency or instrumentality of the

(k)

Director of the National Bureau of Investigation; and

government or from NGOs and other civic organizations such assistance as may be needed

 

to effectively implement this Act;

(l)

Three (3) representatives from children's nongovernmental organizations. These

representatives shall be nominated by the government agency representatives of the Council for appointment by the President for a term of three (3) years and may be renewed upon renomination and reappointment by the Council and the President respectively.

The members of the Council mat designate their permanent representatives, who shall have a rank not lower than assistant secretary or its equivalent, to meetings and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations.

(j)

Complement the shared government information system relative to child abuse and

exploitation and ensure that the proper agencies conduct a continuing research and study on the patterns and schemes of any form of child pornography which form basis for policy formulation and program direction;

(k)

develop the mechanism to ensure the timely, coordinated and effective response to

cases of child pornography;

 

(l)

Recommend measures to enhance cooperative efforts and mutual assistance among

The DSWD shall establish the necessary Secretariat for the Council.

foreign countries through bilateral and/or multilateral arrangements to prevent and suppress any form of child pornography;

Section 21. Functions of the Council. - The Council shall have the following powers and functions:

(m)

Adopt measures and policies to protect the rights and needs of the victims of child

pornography who are foreign nationals in the Philippines;

(a)

Formulate comprehensive and integrated plans and programs to prevent and suppress

any form of child pornography;

(n)

maintain a database of cases of child pornography;

(b)

Promulgate rules and regulations as may be necessary for the effective implementation

(o)

Initiate training programs in identifying and providing the necessary intervention or

of this Act;

assistance to victims of child pornography.

(c)

Monitor and oversee the strict implementation of this Act;

(p)

Submit to the President and the Congressional Oversight committee credited herein the

(d)

Coordinate the programs and projects of the various members agencies effectively

annual report on the policies, plans, programs and activities of the Council relative to the implementation of this Act; and

address the issues and problems attendant to child pornography;

(q)

Exercise all the powers and perform such other functions necessary to attain the

(e)

Conduct and coordinate massive information disseminations and campaign on the

purposes and objectives of this Act.

existence of the law and the various issues and problems attendant to child pornography;

Section 22. Child Pornography as a Transnational Crime. - Pursuant to the Convention on transnational Organized Crime, the DOJ may execute the request of a foreign state for assistance in the investigation or prosecution of any form of child pornography by: (1)

(f)

Direct other agencies to immediately respond to the problems brought to their attention

and report to the Council on the action taken;

Compiled by Cid Benedict D. Pabalan

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

conducting a preliminary investigation against the offender and, if appropriate, to file the necessary charges in court; (2) giving information needed by the foreign state; and (3) to apply for an order of forfeiture of any proceeds or monetary instrument or properly located in the Philippines used in connection with child pornography in the court; Provided, That if the DOJ refuses to act on the request of for delaying the execution thereof: Provided, further, That the principles of mutuality and reciprocity shall, for this purpose, be at all times recognized.

Section 23. Extradition. - The DOJ, in consultation with the Department of Foreign Affairs (DFA), shall endeavor to include child pornography among extraditable offenses in future treaties.

Section 24. Congressional Oversight Committee. -There is hereby created a Congressional Oversight Committee composed of five (5) members from the Senate and five (5) members from the House of Representatives. The members from the Senate shall be appointed by the Senate President based on proportional representation of the parties or coalition therein with at least one (1) member representing the Minority. The members from the House of Representative shall be appointed by the Speaker, also based on proportional representation of the parties or coalitions therein with the Chair of the House of Committee on Welfare of Children and at least one (1) member representing the Minority

The Committee shall be headed by the respective Chairs of the Senate Committee on Youth, Women and Family relations and the House of Representatives Committee on Justice. The Secretariat of the Congressional Oversight Committee shall come from the existing Secretariat personnel of the Committees of the Senate and the House of Representatives concerned.

The Committee shall monitor and ensure the effective implementation of this Act, determine inherent weakness and loopholes in the law. Recommend the necessary remedial legislator or administrative measures and perform such other duties and functions as may be necessary to attain the objectives of this Act.

Section 25. Appropriations. - The amount necessary to implement the provisions of the Anti-Child Pornography Act and the operationalization of the Inter-Agency Council Against Child Pornography shall be included in the annual General Appropriations Act.

Section 26. Implementing Rules and Regulations. - The Inter- Agency Council Against Child pornography shall promulgate the necessary implementing rules and regulations within ninety (90) days from the effectivity of this Act.

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

Section 27. Suppletory Application of the Revised Penal Code. - The Revised penal Code shall be suppletorily applicable to this Act.

Section 28. Separability Clause. - If any part of this Act is declared unconstitutional or invalid, the other provisions not affected thereby shall continue to be in full force and effect.

Section 29. Repealing Clause. - All laws, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly.

Section 30. Effectivity. - This Act shall effect after fifteen (15) days following its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation.

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

REPUBLIC ACT No. 8049

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR

Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.

The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's Army Training. The physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police as approved ny the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the purposes of this Act.

Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites.

Section 3. The head of the school or organization or their representatives must assign at least two (2) representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.

Section 4. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. The person or persons who participated in the hazing shall suffer:

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results there from.

2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day

to 20 years) if in consequence of the hazing the victim shall become insane, imbecile,

impotent or blind.

3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day

to 17 years and 4 months) if in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such member shall have become incapacitated for

the activity or work in which he was habitually engaged.

4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14

years and 8 months) if in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days.

5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if

in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days.

6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in

consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained shall require medical assistance for the same period.

7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in

consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require medical assistance for the same

period.

8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day

to 6 years) if in consequence of the hazing the victim sustained physical injuries which do

not prevent him from engaging in his habitual activity or work nor require medical attendance.

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

The responsible officials of the school or of the police, military or citizen's army training organization, may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. The maximum penalty herein provided shall be imposed in any of the following instances:

(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit

on the person of the recruit who refuses to join;

(b) when the recruit, neophyte or applicant initially consents to join but upon learning that

hazing will be committed on his person, is prevented from quitting;

(c) when the recruit, neophyte or applicant having undergone hazing is prevented from

reporting the unlawful act to his parents or guardians, to the proper school authorities, or

to the police authorities, through force, violence, threat or intimidation;

(d)

when the hazing is committed outside of the school or institution; or

(e)

when the victim is below twelve (12) years of age at the time of the hazing.

The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.

The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators.

The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal.

The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein.

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.

This section shall apply to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein.

Section 5. If any provision or part of this Act is declared invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective.

Section 6. All laws, orders, rules or regulations which are inconsistent with or contrary to the provisions of this Act are hereby amended or repealed accordingly.

Section 7. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2) national newspapers of general circulation.

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

Republic Act No. 7610

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

ARTICLE I Title, Policy, Principles and Definitions of Terms

Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act."

Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same.

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.

Section 3. Definition of Terms. –

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

(a) "Children" refers to person below eighteen (18) years of age or those over but are

unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child

which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional

maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic

worth and dignity of a child as a human being;

(3)

Unreasonable deprivation of his basic needs for survival, such as food and shelter;

or

(4)

Failure to immediately give medical treatment to an injured child resulting in

serious impairment of his growth and development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal

development of children" include, but are not limited to, the following;

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(1) Being in a community where there is armed conflict or being affected by armed

conflict-related activities;

(2) Working under conditions hazardous to life, safety and normal which unduly

interfere with their normal development;

(3) Living in or fending for themselves in the streets of urban or rural areas without

the care of parents or a guardian or basic services needed for a good quality of life;

(4) Being a member of a indigenous cultural community and/or living under

conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life;

(5)

Being a victim of a man-made or natural disaster or calamity; or

(6)

Circumstances analogous to those abovestated which endanger the life, safety or

normal development of children.

CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

(d) "Comprehensive program against child abuse, exploitation and discrimination"

refers to the coordinated program of services and facilities to protected children against:

(1)

Child Prostitution and other sexual abuse;

(2)

Child trafficking;

(3)

Obscene publications and indecent shows;

(4)

Other acts of abuses; and

(5)

Circumstances which threaten or endanger the survival and normal development

of children.1awphi1Ÿ

ARTICLE II Program on Child Abuse, Exploitation and Discrimination

Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the Department of Justice and the Department of Social Welfare and Development in coordination with other government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which endanger child survival and normal development.

ARTICLE III Child Prostitution and Other Sexual Abuse

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child prostitution which

include, but are not limited to, the following:

(1) Acting as a procurer of a child prostitute;

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

(2) Inducing a person to be a client of a child prostitute by means of written or oral

advertisements or other similar means;

(3)

Taking advantage of influence or relationship to procure a child as prostitute;

(4)

Threatening or using violence towards a child to engage him as a prostitute; or

(5)

Giving monetary consideration goods or other pecuniary benefit to a child with

intent to engage such child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child

exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner

of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.

22

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.

CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

ARTICLE IV

Child Trafficking

Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7 of this Act:1awphi1@alf

(a) When a child travels alone to a foreign country without valid reason therefor and

without clearance issued by the Department of Social Welfare and Development or written

permit or justification from the child's parents or legal guardian;

(c)

When a person, agency, establishment or child-caring institution recruits women

or

couples to bear children for the purpose of child trafficking; or

(d)

When a doctor, hospital or clinic official or employee, nurse, midwife, local civil

registrar or any other person simulates birth for the purpose of child trafficking; or

(e) When a person engages in the act of finding children among low-income families,

hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking.

A penalty lower two (2) degrees than that prescribed for the consummated felony under

Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.

ARTICLE V Obscene Publications and Indecent Shows

Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period.

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period.

Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period.

ARTICLE VI Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation

or to be responsible for other conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered

by the Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or

under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

23

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this

Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or

private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or

CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or establishment.

Department may determine. The unauthorized removal of such sign shall be punishable by prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the customers; or solicits children or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein.

(e)

Any person who shall use, coerce, force or intimidate a street child or any other

child to;

(1)

Beg or use begging as a means of living;

(2)

Act as conduit or middlemen in drug trafficking or pushing; or

(3)

Conduct any illegal activities, shall suffer the penalty of prision correccional in its

medium period to reclusion perpetua.

 

ARTICLE VIII

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development.

Working Children

Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:

(1)

When a child works directly under the sole responsibility of his parents or legal

guardian and where only members of the employer's family are employed: Provided, however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or

 

(2)

When a child's employment or participation in public & entertainment or

ARTICLE VII Sanctions for Establishments or Enterprises

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises which promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse shall be immediately closed and their authority or license to operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less than one (1) year, as the

information through cinema, theater, radio or television is essential: Provided, The employment contract concluded by the child's parent or guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, That the following requirements in all instances are strictly complied with:

(a)

The employer shall ensure the protection, health, safety and morals of the child;

(b)

the employer shall institute measures to prevent the child's exploitation or

discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and;

Compiled by Cid Benedict D. Pabalan

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

(c) The employer shall formulate and implement, subject to the approval and

supervision of competent authorities, a continuing program for training and skill acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement.

The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation of this Section.

Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and Sports shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances.

Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.

Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and 109 of Presidential Decree No. 603.

Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3) years, or both at the discretion of the court; Provided, That, in case of repeated violations of the provisions of this Article, the offender's license to operate shall be revoked.

ARTICLE IX Children of Indigenous Cultural Communities

Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children under this Act and other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and development consistent with the customs and traditions of their respective communities.

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

Section 18. System of and Access to Education. – The Department of Education, Culture and Sports shall develop and institute an alternative system of education for children of indigenous cultural communities which culture-specific and relevant to the needs of and the existing situation in their communities. The Department of Education, Culture and Sports shall also accredit and support non-formal but functional indigenous educational programs conducted by non-government organizations in said communities.

Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children of indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and other health institution shall ensure that children of indigenous cultural communities are given equal attention. In the provision of health and nutrition services to children of indigenous cultural communities, indigenous health practices shall be respected and recognized.

Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any and all forms of discrimination.

Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more than Ten thousand pesos (P10,000).

25

Section 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed representatives shall be involved in planning, decision-making implementation, and evaluation of all government programs affecting children of indigenous cultural communities. Indigenous institution shall also be recognized and respected.

ARTICLE X Children in Situations of Armed Conflict

Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. To attain this objective, the following policies shall be observed.

(a) Children shall not be the object of attack and shall be entitled to special respect.

They shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;

CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

(b)

Children shall not be recruited to become members of the Armed Forces of the

 

Philippines of its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;

(c)

Immediate notice of such arrest to the parents or guardians of the child; and

(d)

Release of the child on recognizance within twenty-four (24) hours to the custody of the

(c)

Delivery of basic social services such as education, primary health and emergency

Department of Social Welfare and Development or any responsible member of the

relief services shall be kept unhampered;

community as determined by the court.

(d)

The safety and protection of those who provide services including those involved

If after hearing the evidence in the proper proceedings the court should find that the aforesaid child 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 shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government, or duly-licensed agencies or any other responsible person, until he has had reached eighteen (18) 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 Welfare and Development or the agency or responsible individual under whose care he has been committed.

in fact-finding missions from both government and non-government institutions shall be

ensured. They shall not be subjected to undue harassment in the performance of their work;

(e)

Public infrastructure such as schools, hospitals and rural health units shall not be

utilized for military purposes such as command posts, barracks, detachments, and supply

depots; and

(f)

All appropriate steps shall be taken to facilitate the reunion of families temporarily

separated due to armed conflict.

 

Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being.

The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases.

Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family shall be housed in the same premises and given separate accommodation from other evacuees and provided with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. Whenever feasible, children shall be given opportunities for physical exercise, sports and outdoor games.

Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of the barangay affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed conflict.

ARTICLE XI Remedial Procedures

Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights;

Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following:

(a)

Separate detention from adults except where families are accommodated as

(a)

Offended party;

family units;

 

(b)

Parents or guardians;

(b) Immediate free legal assistance;

 

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(c)

Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC

(a)

The penalty provided under this Act shall be imposed in its maximum period if the

 

offender has been previously convicted under this Act;

(d)

Officer, social worker or representative of a licensed child-caring institution;

 

(b)

When the offender is a corporation, partnership or association, the officer or

(e)

Officer or social worker of the Department of Social Welfare and Development;

employee thereof who is responsible for the violation of this Act shall suffer the penalty

 

imposed in its maximum period;

(f)

Barangay chairman; or

 

(c)

The penalty provided herein shall be imposed in its maximum period when the

(g)

At least three (3) concerned responsible citizens where the violation occurred.

perpetrator is an ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or affinity, or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked;

(d)

When the offender is a foreigner, he shall be deported immediately after service

Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare and Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603.

of sentence and forever barred from entry to the country;

(e)

The penalty provided for in this Act shall be imposed in its maximum period if the

Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the public until the court acquires jurisdiction over the case.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party.Lawphi1@alf

offender is a public officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary

absolute disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be imposed; and

(f)

A fine to be determined by the court shall be imposed and administered as a cash

fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is

 

the perpetrator of the offense.

Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.

ARTICLE XIII

Final Provisions

Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give preference to the hearing or disposition of cases involving violations of this Act.

Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice, in coordination with the Department of Social Welfare and Development, shall promulgate rules and regulations of the effective implementation of this Act.

ARTICLE XII Common Penal Provisions

Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation.

Section 31. Common Penal Provisions. –

Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect.

Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby repealed or modified accordingly.

Section 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least two (2) national newspapers of general circulation.

Thirteenth Congress Second Regular Session

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

Republic Act No. 9344

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

TITLE I GOVERNING PRINCIPLES

CHAPTER 1 TITLE, POLICY AND DEFINITION OF TERMS

Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and Welfare Act of 2006." It shall cover the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration.

SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all times:

(a) The State recognizes the vital role of children and youth in nation building and shall

promote and protect their physical, moral, spiritual, intellectual and social well-being. It

shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

(b) The State shall protect the best interests of the child through measures that will ensure

the observance of international standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency.

(c) The State likewise recognizes the right of children to assistance, including proper care

and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development.

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the

State recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking into account the child's age and desirability of promoting his/her reintegration. Whenever appropriate and desirable, the State shall adopt measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care.

(e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent with the protection of the rights of children belonging to these communities.

(f) The State shall apply the principles of restorative justice in all its laws, policies and

programs applicable to children in conflict with the law.

SEC. 3. Liberal Construction of this Act. - In case of doubt, the interpretation of any of the provisions of this Act, including its implementing rules and regulations (IRRs), shall be construed liberally in favor of the child in conflict with the law.

29

SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:

(a) "Bail" refers to the security given for the release of the person in custody of the law,

furnished by him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form of corporate security, property bond, cash deposit, or recognizance.

(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions

which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child.

(e) "Child" refers to a person under the age of eighteen (18) years.

CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

(d)

"Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal

(i)

"Diversion" refers to an alternative, child-appropriate process of determining the

offenses because of personal, family and social circumstances, such as, but not limited to, the following:

responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings.

(1)

being abused by any person through sexual, physical, psychological, mental, economic

or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;

(j)

"Diversion Program" refers to the program that the child in conflict with the law is

required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings.

(2)

being exploited including sexually or economically;

 

(k)

"Initial Contact With-the Child" refers to the apprehension or taking into custody of a

(3)

being abandoned or neglected, and after diligent search and inquiry, the parent or

child in conflict with the law by law enforcement officers or private citizens. It includes the

guardian cannot be found;

time when the child alleged to be in conflict with the law receives a subpoena under Section

3(b)

of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a)

(4)

coming from a dysfunctional or broken family or without a parent or guardian;

or Section 9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody.

(5)

being out of school;

(6)

being a streetchild;

(I)

"Intervention" refers to a series of activities which are designed to address issues that

(7)

being a member of a gang;

caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being.

(8)

living in a community with a high level of criminality or drug abuse; and

 

(m)

"Juvenile Justice and Welfare System" refers to a system dealing with children at risk

(9)

living in situations of armed conflict.

and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and

(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.

aftercare to ensure their normal growth and development.

(n)

"Law Enforcement Officer" refers to the person in authority or his/her agent as defined

(f)

"Community-based Programs" refers to the programs provided in a community setting

in Article 152 of the Revised Penal Code, including a barangay tanod.

developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community.

(0)

"Offense" refers to any act or omission whether punishable under special laws or the

Revised Penal Code, as amended.

(g)

"Court" refers to a family court or, in places where there are no family courts, any

regional trial court.

(p)

"Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or

(h)

"Deprivation of Liberty" refers to any form of detention or imprisonment, or to the

custodian who shall be responsible for the appearance in court of the child in conflict with the law, when required.

placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority.

(q)

"Restorative Justice" refers to a principle which requires a process of resolving conflicts

with the maximum involvement of the victim, the offender and the community. It seeks to

 

obtain reparation for the victim; reconciliation of the offender, the offended and the

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under Judge Rowena Apao-Adlawan A.Y. 2014-2015

community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies.

(d)

the right to be treated with humanity and respect, for the inherent dignity of the person,

and in a manner which takes into account the needs of a person of his/her age. In particular,

 

child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances;

a

(r)

"Status Offenses" refers to offenses which discriminate only against a child, while an

adult does not suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like.

(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

(e)

the right to prompt access to legal and other appropriate assistance, as well as the right

to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action;

 

(f)

the right to bail and recognizance, in appropriate cases;

(t)

"Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by

 

the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them.

(g)

the right to testify as a witness in hid/her own behalf under the rule on examination of

a

child witness;

(h)

the right to have his/her privacy respected fully at all stages of the proceedings;

(i) the right to diversion if he/she is qualified and voluntarily avails of the same;

 

(j)

the right to be imposed a judgment in proportion to the gravity of the offense where

(u)

"Victimless Crimes" refers to offenses where there is no private offended party.

his/her best interest, the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice;

CHAPTER 2 PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

(k)

the right to have restrictions on his/her personal liberty limited to the minimum, and

SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the following rights, including but not limited to:

where discretion is given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty;

(I)

in general, the right to automatic suspension of sentence;

(a)

the right not to be subjected to torture or other cruel, inhuman or degrading treatment

 

or punishment;

(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;

(b)

the right not to be imposed a sentence of capital punishment or life imprisonment,

without the possibility of release;

(n)

the right to be free from liability for perjury, concealment or misrepresentation; and

(c)

the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or

(o)

other rights as provided for under existing laws, rules and regulations.

imprisonment being a disposition of last resort, and which shall be for the shortest

 

appropriate period of time;

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The State further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice or "Beijing Rules", United Nations Guidelines for the Prevention of Juvenile Delinquency or the "Riyadh Guidelines", and the United Nations Rules for the Protection of Juveniles Deprived of Liberty.

TITLE II STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.

SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development. It shall ensure the effective implementation of this Act and coordination among the following agencies:

A

child above fifteen (15) years but below eighteen (18) years of age shall likewise be

exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.

(a)

Council for the Welfare of Children (CWC);

(b)

Department of Education (DepEd);

The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.

(c)

Department of the Interior and Local Government (DILG);

(d)

Public Attorney's Office (PAO);

SEC. 7. Determination of Age. - The child in conflict with the law shall enjoy the presumption

 

of

minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she

(e)

Bureau of Corrections (BUCOR);

is

proven to be eighteen (18) years old or older. The age of a child may be determined from

 

the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.

(f)

Parole and Probation Administration (PPA)

(g)

National Bureau of Investigation (NBI);

(h)

Philippine National Police (PNP);.

Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty- four (24) hours from receipt of the appropriate pleadings of all interested parties.

(i)

Bureau of Jail Management and Penology (BJMP);

(i)

Commission on Human Rights (CHR);

 

(k)

Technical Education and Skills Development Authority (TESDA);

If

a case has been fiied against the child in conflict with the law and is pending in the

 

appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.

(l)

National Youth Commission (NYC); and

(m) Other institutions focused on juvenile justice and intervention programs.

In

all proceedings, law enforcement officers, prosecutors, judges and other government

The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be designated by the concerned heads of the following departments or agencies:

officials concerned shall exert all efforts at determining the age of the child in conflict with

 

the law.

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(a)

Department of Justice (DOJ);

 

(e)

To coordinate the implementation of the juvenile intervention programs and activities

(b)

Department of Social Welfare and Development (DSWD);

 

by national government agencies and other activities which may have an important bearing on the success of the entire national juvenile intervention program. All programs relating to juvenile justice and welfare shall be adopted in consultation with the JJWC;

(c)

Council for the Welfare of Children (CWC)

 
 

(f)

To formulate and recommend policies and strategies in consultation with children for

(d)

Department of Education (DepEd);

 

the prevention of juvenile delinquency and the administration of justice, as well as for the

 

treatment and rehabilitation of the children in conflict with the law;

(e)

Department of the Interior and Local Government (DILG)

 
 

(g)

To collect relevant information and conduct continuing research and support

(f) Commission on Human Rights (CHR);

 

evaluations and studies on all matters relating to juvenile justice and welfare, such as but not limited to:

(g)

National Youth Commission (NYC); and

 

(1)

the performance and results achieved by juvenile intervention programs and by

(h)

Two (2) representatives from NGOs, one to be designated by the Secretary of Justice

activities of the local government units and other government agencies;

and the other to be designated by the Secretary of Social Welfare and Development.

(2)

the periodic trends, problems and causes of juvenile delinquency and crimes; and

The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Justice and the Secretary of Social Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC.

(3)

the particular needs of children in conflict with the law in custody.

The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties and functions, as herein provided.

The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and welfare system.

The JJWC shall set up a mechanism to ensure that children are involved in research and policy development.

SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following duties and functions:

(h)

Through duly designated persons and with the assistance of the agencies provided in

(a)

To oversee the implementation of this Act;

 

the preceding section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary recommendations to appropriate agencies;

(b)

To advise the President on all matters and policies relating to juvenile justice and

welfare;

   
 

(i)

To initiate and coordinate the conduct of trainings for the personnel of the agencies

(c)

To

assist

the

concerned

agencies

in

the

review

and

redrafting

of

existing

involved in the administration of the juvenile justice and welfare system and the juvenile intervention program;

policies/regulations or in the formulation of new ones in line with the provisions of this Act;

(d)

To periodically develop a comprehensive 3 to 5-year national juvenile intervention

(j) To submit an annual report to the President on the implementation of this Act; and

program, with the participation of government agencies concerned, NGOs and youth

organizations;

 

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CRIMINAL LAW II THIRD EXAM COVERAGE: SPECIAL LAWS

(k) To perform such other functions as may be necessary to implement the provisions of this Act.

SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All government agencies enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) year from the effectivity of this Act, draft policies and procedures consistent with the standards set in the law. These policies and procedures shall be modified accordingly in consultation with the JJWC upon the completion of the national juvenile intervention program as provided under Section 9 (d).

SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center of the Commission on Human Rights shall ensure that the status, rights and interests of children are upheld in accordance with the Constitution and international instruments on human rights. The CHR shall strengthen the monitoring of government compliance of all treaty obligations, including the timely and regular submission of reports before the treaty bodies, as well as the implementation and dissemination of recommendations and conclusions by government agencies as well as NGOs and civil society.

TITLE III PREVENTION OF JUVENILE DELINQUENCY

CHAPTER 1 THE ROLE OF THE DIFFERENT SECTORS

SEC. 12. The Family. - The family shall be responsible for the primary nurturing and rearing of children which is critical in delinquency prevention. As far as practicable and in accordance with the procedures of this Act, a child in conflict with the law shall be maintained in his/her family.

SEC. 13. The Educational System. - Educational institutions shall work together with families, community organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of child in conflict with the law. Schools shall provide adequate, necessary and individualized educational schemes for children manifesting difficult behavior and children in conflict with the law. In cases where children in conflict with the law are taken into custody or detained in rehabilitation centers, they should be provided the opportunity to continue learning under an alternative learning system with basic literacy program or non- formal education accreditation equivalency system.

Compiled by Cid Benedict D. Pabalan

under Judge Rowena Apao-Adlawan A.Y. 2014-2015

SEC. 14. The Role of the Mass Media. - The mass media shall play an active role in the promotion of child rights, and delinquency prevention by relaying consistent messages through a balanced approach. Media practitioners shall, therefore, have the duty to maintain the highest critical and professional standards in reporting and covering cases of children in conflict with the law. In all publicity concerning children, the best interest of the child should be the primordial and paramount concern. Any undue, inappropriate and sensationalized publicity of any case involving a child in conflict with the law is hereby declared a violation of the child's rights.

SEC. 15. Establishment and Strengthening of Local Councils for the Protection of Children. - Local Councils for the Protection of Children (LCPC) shall be established in all levels of local government, and where they have already been established, they shall be strengthened within one (1) year from the effectivity of this Act. Membership in the LCPC shall be chosen from among the responsible members of the community, including a representative from the youth sector, as well as representatives from government and private agencies concerned with the welfare of children.

The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for the adoption of a comprehensive plan on delinquency prevention, and to oversee its proper implementation.

34

One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be allocated for the strengthening and implementation of the programs of the LCPC:

Provided, That the disbursement of the fund shall be made by the LGU concerned.

SEC. 16. Appointment of Local Social Welfare and Development Officer. - All LGUs shall appoint a duly licensed social worker as its local social welfare and development officer tasked to assist children in conflict with the law.

SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the formulation and implementation of juvenile intervention and diversion programs in the community.

CHAPTER 2 COMPREHENSIVE JUVENILE INTERVENTION PROGRAM

SEC. 18. Development of a Comprehensive Juvenile Intervention Program. - A Comprehensive juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the barangay to the provincial level.

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under Judge Rowena Apao-Adlawan A.Y. 2014-2015

The LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their annual budget.

registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code".

TITLE V JUVENILE JUSTICE AND WELFARE SYSTEM

The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly the child-focused institutions, NGOs, people's organizations, educational institutions and government agencies involved in delinquency prevention to participate in the planning process and implementation of juvenile intervention programs. Such programs shall be implemented consistent with the national program formulated and designed by the JJWC. The implementation of the comprehensive juvenile intervention program shall be reviewed and assessed annually by the LGUs in coordination with the LCPC. Results of the assessment shall be submitted by the provincial and city governments to the JJWC not later than March 30 of every year.

SEC. 19. Community-based Programs on Juvenile Justice and Welfare. - Community-based programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC, school, youth organizations and other concerned agencies. The LGUs shall provide community-based services which respond to the special needs, problems, interests and concerns of children and which offer appropriate counseling and guidance to them and their families. These programs shall consist of three levels:

CHAPTER I INITIAL CONTACT WITH THE CHILD

SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into custody, the law enforcement officer shall:

 

(a)

Explain to the child in simple language and in a dialect that he/she can understand why

(a)

Primary intervention includes general measures to promote social justice and equal

he/she is being placed under custody and the offense that he/she allegedly committed;

opportunity, which tackle perceived root causes of offending;

(b)

Secondary intervention includes measures to assist children at risk; and

(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her;

(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending.

(e)

Properly identify himself/herself and present proper identification to the child;

(d)

Refrain from using vulgar or profane words and from sexually harassing or abusing, or

making sexual advances on the child in conflict with the law;

TITLE IV TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY

(e)

Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force

SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly

or restraint, unless absolutely necessary and only after all other methods of control have been exhausted and have failed;

(f)

Refrain from subjecting the child in conflict with the law to greater restraint than is

necessary for his/her apprehension;

(g)

Avoid violence or unnecessary force;

(h)

Determine the age of the child pursuant to Section 7 of this Act;

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(i)

Immediately but not later than eight (8) hours after apprehension, turn over custody of

local social welfare and development officer. In the absence of the child's parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation shall be conducted in the presence of a representative of an NGO, religious group, or member of the BCPC.

After the initial investigation, the local social worker conducting the same may do either of the following:

the child to the Social Welfare and Development Office or other accredited NGOs, and notify the child's apprehension. The social welfare and development officer shall explain to the child and the child's parents/guardians the consequences of the child's act with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;

(j)

Take the child immediately to the proper medical and health officer for a thorough

 

physical and mental examination. The examination results shall be kept confidential unless

(a)

Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above

otherwise ordered by the Family Court. Whenever the medical treatment is required, steps shall be immediately undertaken to provide the same;

fifteen (15) but below eighteen (18) years old, who acted without discernment; and

(b)

If the child is above fifteen (15) years old but below eighteen (18) and who acted with

(k)

Ensure that should detention of the child in conflict with the law be necessary, the child

discernment, proceed to diversion under the following chapter.

shall be secured in quarters separate from that of the opposite sex and adult offenders;

 

CHAPTER 2

(l) Record the following in the initial investigation:

DIVERSION

1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for

SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided:

 

such;

2.

That the parents or guardian of a child, the DSWD, and the PA0 have been informed of

(a)

Where the imposable penalty for the crime committee is not more than six (6) years

the apprehension and the details thereof; and

imprisonment, the law enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer or other members of the LCPC shall conduct mediation, family conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program. The child and his/her family shall be present in these activities.

(b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the local social welfare and development officer shall meet with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program, in coordination with the BCPC;

3.

The exhaustion of measures to determine the age of a child and the precise details of the

physical and medical examination or the failure to submit a child to such examination; and

(m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement.

A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell.

SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her investigation, determine where the case involving the child in conflict with the law should be referred.

(c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion measures may be resorted to only by the court.

The taking of the statement of the child shall be conducted in the presence of the following:

SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at the Katarungang Pambarangay, the police investigation or the inquest or preliminary investigation stage and at all 1evels and phases of the proceedings including judicial level.

(1) child's counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's parents, guardian, or nearest relative, as the case may be; and (3) the

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SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may undergo conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said system. A contract of diversion may be entered into during such conferencing, mediation or conciliation proceedings.

law enforcement officer handling the case of the child under custody, to the prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation to determine whether or not the child should remain under custody and correspondingly charged in court. The document transmitting said records shall display the word "CHILD" in bold letters.

SEC. 26. Contract of Diversion. - If during the conferencing, mediation or conciliation, the child voluntarily admits the commission of the act, a diversion program shall be developed when appropriate and desirable as determined under Section 30. Such admission shall not be used against the child in any subsequent judicial, quasi-judicial or administrative proceedings. The diversion program shall be effective and binding if accepted by the parties concerned. The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities. The local social welfare and development officer shall supervise the implementation of the diversion program. The diversion proceedings shall be completed within forty-five (45) days. The period of prescription of the offense shall be suspended until the completion of the diversion proceedings but not to exceed forty-five (45) days.

SEC. 29. Factors in Determining Diversion Program. - In determining whether diversion is appropriate and desirable, the following factors shall be taken into consideration:

(a)

The nature and circumstances of the offense charged;

(b)

The frequency and the severity of the act;

(c)

The circumstances of the child (e.g. age, maturity, intelligence, etc.);

(d)

The influence of the family and environment on the growth of the child;

The child shall present himself/herself to the competent authorities that imposed the diversion program at least once a month for reporting and evaluation of the effectiveness of the program.

(e)

The reparation of injury to the victim;

(f)

The weight of the evidence against the child;

Failure to comply with the terms and conditions of the contract of diversion, as certified by the local social welfare and development officer, shall give the offended party the option to institute the appropriate legal action.

(g)

The safety of the community; and

(h)

The best interest of the child.

The period of prescription of the offense shall be suspended during the effectivity of the diversion program, but not exceeding a period of two (2) years.

SEC. 30. Formulation of the Diversion Program. - In formulating a diversion program, the individual characteristics and the peculiar circumstances of the child in conflict with the law shall be used to formulate an individualized treatment.

SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the offense does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Punong Barangay handling the case shall, within three (3) days from determination of the absence of jurisdiction over the case or termination of the diversion proceedings, as the case may be, forward the records of the case of the child to the law enforcement officer, prosecutor or the appropriate court, as the case may be. Upon the issuance of the corresponding document, certifying to the fact that no agreement has been reached by the parties, the case shall be filed according to the regular process.

The following factors shall be considered in formulating a diversion program for the child:

(a)

The child's feelings of remorse for the offense he/she committed;

(b)

The parents' or legal guardians' ability to guide and supervise the child;

(c)

The victim's view about the propriety of the measures to be imposed; and

SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the offense does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Women and Children Protection Desk of the PNP, or other

(d)

The availability of community-based programs for rehabilitation and reintegration of

the child.

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SEC. 31. Kinds of Diversion Programs. - The diversion program shall include adequate socio- cultural and psychological responses and services for the child. At the different stages where diversion may be resorted to, the following diversion programs may be agreed upon, such as, but not limited to:

(1) Diversion programs specified under paragraphs(a)and (b) above;

(2) Written or oral reprimand or citation;

(a)

At the level of the Punong Barangay:

(3) Fine:

(1)

Restitution of property;

(4) Payment of the cost of the proceedings; or

(2)

Reparation of the damage caused;

 

(5) Institutional care and custody.

(3)

Indemnification for consequential damages;

 

CHAPTER 3

(4)

Written or oral apology;

PROSECUTION

(5)

Care, guidance and supervision orders;

SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to conduct inquest, preliminary investigation and prosecution of cases involving a child in conflict with the law. If there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or detention, it shall be the duty of the prosecutor to investigate the same.

(6)

Counseling for the child in conflict with the law and the child's family;

(7)Attendance in trainings, seminars and lectures on:

(i) anger management skills;

SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall conduct a preliminary investigation in the following instances: (a) when the child in conflict with the law does not qualify for diversion: (b) when the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; and (c) when considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the law.

(ii)

problem solving and/or conflict resolution skills;

(iii) values formation; and

(iv)

other skills which will aid the child in dealing with situations which can lead to repetition

 

of the offense;

Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney's Office of such service, as well as the personal information, and place of detention of the child in conflict with the law.

(8)

Participation in available community-based programs, including community service; or

(9)

Participation in education, vocation and life skills programs.

Upon determination of probable cause by the prosecutor, the information against the child shall be filed before the Family Court within forty-five (45) days from the start of the preliminary investigation.

(b)

At the level of the law enforcement officer and the prosecutor:

(1)

Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and

CHAPTER 4 COURT PROCEEDINGS

(2)

Confiscation and forfeiture of the proceeds or instruments of the crime;

(c)

At the level of the appropriate court:

SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered.

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SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:

the court shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt.

(a)

the release of the minor on recognizance to his/her parents and other suitable person;

(b)

the release of the child in conflict with the law on bail; or

Upon suspension of sentence and after considering the various chcumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.

(c)

the transfer of the minor to a youth detention home/youth rehabilitation center.

The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.

SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the social worker who has custody of the child, the court shall dismiss the case against the child whose sentence has been suspended and against whom disposition measures have been issued, and shall order the final discharge of the child if it finds that the objective of the disposition measures have been fulfilled.

The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense, which shall be enforced in accordance with law.

SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial may be released on bail or recognizance as provided for under Sections 34 and 35 under this Act. In all other cases and whenever possible, detention pending trial may be replaced by alternative measures, such as close supervision, intensive care or placement with a family or in an educational setting or home. Institutionalization or detention of the child pending trial shall be used only as a measure of last resort and for the shortest possible period of time.

Whenever detention is necessary, a child will always be detained in youth detention homes established by local governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where the child resides.

SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall be brought before the court for execution of judgment.

In the absence of a youth detention home, the child in conflict with the law may be committed to the care of the DSWD or a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the court. The center or agency concerned shall be responsible for the child's appearance in court whenever required.

If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years.

SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court shall determine whether or not diversion is appropriate.

SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction,

SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention under this Act.

SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in lieu of service of his/her sentence taking into account the best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", is hereby amended accordingly.

Compiled by Cid Benedict D. Pabalan