ra 9344 tv ch 3&4 animated

8/7/2019 RA 9344 TV Ch 3&4 animated

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PROSECUTIONPROSECUTIONThere shall be a specially trained prosecutorThere shall be a specially trained prosecutorto conduct inquest, preliminary investigationto conduct inquest, preliminary investigation

and prosecution of cases involving a child inand prosecution of cases involving a child inconflict with the law.conflict with the law. Upon serving the subpoena and theUpon serving the subpoena and theaffidavit of complaint,affidavit of complaint, the prosecutor shallthe prosecutor shall

notify the Public Attorney's Office of suchnotify the Public Attorney's Office of suchservice, as wel

l as the personal information,service, as well as the personal information,and place of detention of the child in conflictand place of detention of the child in conflictwith the law.with the law.


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WHEN TO CONDUCT AWHEN TO CONDUCT A

PRELIMINARY INVESTIGATIONPRELIMINARY INVESTIGATION when the child in conflict with the law does notwhen the child in conflict with the law does not

qualify for diversionqualify for diversion when the child, his/her parents or guardianwhen the child, his/her parents or guardian

does not agree to diversion as specified indoes not agree to diversion as specified inSections 27 and 28Sections 27 and 28

when considering the assessment andwhen considering the assessment andrecommendation of the social worker, therecommendation of the social worker, theprosecutor determines that diversion is notprosecutor determines that diversion is notappropriate for the child in conflict with the lawappropriate for the child in conflict with the law


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Upon determination of probable causeUpon determination of probable causeby the prosecutor,by the prosecutor, the informationthe informationagainst the child shall be filed before theagainst the child shall be filed before theFamily Court within fortyFamily Court within forty--five (45) daysfive (45) days

from the start of the preliminaryfrom the start of the preliminaryinvestigation.investigation.


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B

AILB

AIL

For purposes of recommending theFor purposes of recommending theamount of bail,amount of bail, the privileged mitigatingthe privileged mitigatingcircumstance of minority shall becircumstance of minority shall beconsidered.considered.


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RELEASE OFRELEASE OF

RECOGNIZANCERECOGNIZANCE the release of the minor on recognizancethe release of the minor on recognizance

to his/her parents and other suitableto his/her parents and other suitablepersonperson

the release of the child in conflict withthe release of the child in conflict withthe law on bailthe law on bail

the transfer of the minor to a youththe transfer of the minor to a youthdetention home/youth rehabilitationdetention home/youth rehabilitationcenter.center.


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The court shall not order theThe court shall not order thedetention of a child in a jaildetention of a child in a jailpending trial or hearing ofpending trial or hearing ofhis/her case.his/her case.


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DETENTION OF ADETENTION OF A

CHILD PENDING TRIALCHILD PENDING TRIAL

may be replaced by alternative measuresmay be replaced by alternative measures(e.g. close supervision, intensive care or(e.g. close supervision, intensive care orplacement with a family or in anplacement with a family or in aneducational setting or home)educational setting or home)

institutionalization or detention of theinstitutionalization or detention of thechild pending trialchild pending trial


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DETENTIONDETENTION a child will always be detained in youtha child will always be detained in youth

detention homes established by localdetention homes established by localgovernments, in the city or municipalitygovernments, in the city or municipalitywhere the child resideswhere the child resides

the child in conflict with the law may bethe child in conflict with the law may be

committed to the care of the DSW

D or acommitted to the care of the DSW

D or alocal rehabilitation center recognized by thelocal rehabilitation center recognized by thegovernment in the province, city orgovernment in the province, city ormunicipality within the jurisdiction of themunicipality within the jurisdiction of the

courtcourt


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DIVERSION MEASURESDIVERSION MEASURES

Where the maximum penalty imposedWhere the maximum penalty imposedfor the offense with which the child isfor the offense with which the child ischarged is imprisonment of not morecharged is imprisonment of not morethan twelve (12) years, regardless ofthan twelve (12) years, regardless ofthe fine or fine alone regardless of thethe fine or fine alone regardless of the

amount, and before arraignment of theamount, and before arraignment of thechild in conflict with the law,child in conflict with the law, the courtthe courtshall determine whether or notshall determine whether or notdiversion is appropriatediversion is appropriate


10/16

AUTOMATIC SUSPENSIONAUTOMATIC SUSPENSION

OF SENTENCEOF SENTENCE instead of pronouncing the judgment of conviction,instead of pronouncing the judgment of conviction,

the court shall place the child in conflict with the lawthe court shall place the child in conflict with the lawunder suspended sentence.under suspended sentence. ProvidedProvided,, howeverhowever,,That suspension of sentence shall still be appliedThat suspension of sentence shall still be appliedeven if the juvenile is already eighteen years (18) ofeven if the juvenile is already eighteen years (18) ofage or more at the time of the pronouncement ofage or more at the time of the pronouncement ofhis/her guilthis/her guilt

Upon suspension of sentence and afterUpon suspension of sentence and afterconsidering the various circumstances of the child,considering the various circumstances of the child,the court shall impose the appropriate dispositionthe court shall impose the appropriate dispositionmeasures as provided in the Supreme Court Rulemeasures as provided in the Supreme Court Rule

on Juveniles in Conflict with the Law.on Juveniles in Conflict with the Law.


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DISCHARGE OF THE CICLDISCHARGE OF THE CICL

the court shall dismiss the case against the childthe court shall dismiss the case against the childwhose sentence has been suspended and againstwhose sentence has been suspended and against

whom disposition measures have been issuedwhom disposition measures have been issued and shall order the final discharge of the child if itand shall order the final discharge of the child if it

finds that the objective of the dispositionfinds that the objective of the disposition

measures have been fulfilled,measures have been fulfilled, discharge of the child in conflict with the law shalldischarge of the child in conflict with the law shallnot affect the civil liability resulting from thenot affect the civil liability resulting from thecommission of the offensecommission of the offense,, which shall bewhich shall be

enforced in accordance with law.enforced in accordance with law.


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RETURN OF THERETURN OF THE CICLCICL

TO COURTTO COURTCONDITIONS:CONDITIONS:

If the objective of the disposition measuresIf the objective of the disposition measuresimposed upon the child in conflict with theimposed upon the child in conflict with thelaw have not been fulfilled,law have not been fulfilled,

if the child in conflict with the law hasif the child in conflict with the law haswillfully failed to comply with the conditionswillfully failed to comply with the conditionsof his/her disposition or rehabilitationof his/her disposition or rehabilitationprogram.program.


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the child in conflict withthe child in conflict withthe law shall be broughtthe law shall be brought

before the court forbefore the court forexecution of judgment.execution of judgment.


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If said child in conflict with the law hasIf said child in conflict with the law hasreached eighteen (18) years of age whilereached eighteen (18) years of age whileunder suspended sentence,under suspended sentence, the court shallthe court shalldetermine whether to discharge the childdetermine whether to discharge the child ininaccordance with this Act,accordance with this Act, to order executionto order execution

of sentenceof sentence,, or to extend the suspendedor to extend the suspendedsentence for a certain specified period orsentence for a certain specified period oruntil the child reaches the maximum age ofuntil the child reaches the maximum age oftwentytwenty--one (21) yearsone (21) years..


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CREDIT OF SERVICECREDIT OF SERVICE

OF SENTENCEOF SENTENCE

The CICL shall be credited inThe CICL shall be credited inthe services of his/her sentencethe services of his/her sentencewith the full time spent in actualwith the full time spent in actual

commitment and detention undercommitment and detention underthis Act.this Act.


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PROBATION AS ANPROBATION AS AN

ALTERNATIVEALTERNATIVEThe court may, after it shall have convictedThe court may, after it shall have convictedand sentenced a child in conflict with the law,and sentenced a child in conflict with the law,

and upon application at any time, place theand upon application at any time, place thechild on probation in lieu of service of his/herchild on probation in lieu of service of his/hersentence taking into account the best interestsentence taking into account the best interest

of the child. For this purpose, Section 4 ofof the child. For this purpose, Section 4 ofPresidential Decree No. 968, otherwisePresidential Decree No. 968, otherwiseknown as the "Probation Law of 1976", isknown as the "Probation Law of 1976", ishereby amended accordingly.hereby amended accordingly.

ra 9344 tv ch 3&4 animated

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