Same political influence and pressure
By Jose C. Sison (The Philippine Star)
Updated April 08, 2010 12:00 AM
Under existing laws and rules, officials of government cooperatives shall be considered automatically resigned if he holds an elective position higher than a Barangay captain or councilor. Does this prohibition apply to coop official who occupies an elective position only in an ex-oficio capacity? This is the issue resolved in this case De Villa.
De Villa was an elected member of the Board of Directors (Bd.) of an electric cooperative (ANECO) for a term of three years from 2001 to 2003. His term was later on extended until 2006 in view of the redistricting of the area he represented.
In 2002 while still in the ANECO Bd., De Villa was elected Barangay Chairman of his Barangay. Thereafter he was also elected as President of Liga ng mga Barangay of his municipality. By virtue of his position he sat as ex-oficio member of the Sangguniang Bayan.
On December 10, 2002, on the query of the General Manager of ANECO, the National Electrification Administration (NEA) Director for Coop Operations came out with an opinion that De Villa could no longer serve as ANECO Bd. Member because he was considered automatically resigned from said position when he took his oath as Liga President.
De Villa questioned this opinion and asked for reconsideration. He argued that he was not a regular member of the Sangguniang Bayan because he was not duly elected thereto but occupied the position only in an ex-oficio capacity by reason of his being President of the Liga.
But the NEA Director did not reconsider his opinion. So, De Villa filed a petition for certiorari before the RTC with a prayer for preliminary injunction against NEA and ANECO. On December 2, 2003, the RTC issued a temporary restraining order enjoining NEA and ANECO from disqualifying De Villa as member of ANECO Bd. to allow him to continue attending Bd. Meetings and grant him all back benefits. Subsequently the RTC issued a Writ of Preliminary Injunction and eventually ruled in favor of De Villa making the Injunction permanent. Was the RTC correct?
No. De Villa can no longer continue as a member of the ANECO Bd. after becoming an ex-oficio member of the Sangguniang Bayan. All coop officials and employees who are subsequently elected to the post of the Municipal Chapter of the Liga ng mga Barangay, after having won in the barangay elections, shall be considered automatically resigned upon taking his oath of office as Liga President.
Although the disqualification mandated by law (PD 269) pertains to elective officers of the government, except Barangay Chairmen and councilors, the same is equally applicable to an appointed member of an office higher than the Barangay Chairman or councilor like a member of the Sangguniang Bayan which is an elective office. The provision should be construed to refer to a person appointed to an elective position above the level of a Barangay Captain. The purpose of the disqualification is to prevent incumbents of elective offices from exerting political influence and pressure on the management of the affairs of the cooperative. This purpose cannot be fully achieved if one who is appointed to an elective office is not made subject to the same disqualification.
A person appointed to an elective office can exercise all powers and prerogatives attached to said office. He can wield as much pressure and influence on an electric cooperative, as an elected member thereof. Consequently when De Villa was designated as ex-oficio member of the Sangguniang Bayan, he became ineligible and was thereby disqualified as member of the ANECO Bd. (National Electrification Administration vs. Villanueva, G.R. 168203, March 9, 2010).
By the time this decision came out De Villa has already served his full term as Board member of ANECO which expired in 2006.
Showing posts with label LAW. Show all posts
Showing posts with label LAW. Show all posts
Wednesday, April 7, 2010
Tuesday, April 6, 2010
Lex Pareto Notes
LEGAL ETHICS
http://naijapinoy.wordpress.com/2008/05/10/lex-pareto-notes-is-there-a-pattern-to-philippine-bar-exams/
Did you know that 34 % of the bar exams in legal ethics for the past 15 years, is taken from the Code of professional responsibility ?
Did you know that 78 % of the questions asked in the Code of Professional responsibility comes from Chapter 1 and Chapter 4 of said code ?
Did you know that out of 52 questions taken from the Rules of court, 29 are asked from RULE 138 for the past 15 years ?
Did you know that the “COMPLAINT” is the most favorite form asked in PRACTICAL EXERCISES, and that it has been asked for 20 times in the past 15 years ?
CRIMINAL LAW
Did you know that 77 % of the criminal law exam is taken from the revised penal code, 19 % from Special penal laws and other matters compose only 4 %
Observations on book 2 of the revised Penal code:
Book 2 has a total of 253 articles of which only 75 are asked (About 30 %)
These 75 Articles are asked 211 times
Out of the 211 times these articles were asked 178 (84 %) were taken from those articles that were asked at least twice.
The most asked crime was on murder, followed by homicide, estafa, robbery with violence against persons.
REMEDIAL LAW
GENERAL OBSERVATIONS ON QUESTIONS TAKEN FROM CIVIL PROCEDURE FOR THE PAST 15 YEARS:
1.) Civil procedure has 56 Rules. Out of these 56 Rules, 33 were asked.
2.) About 150 questions were taken out of these 33 Rules
3.) Of the 150 questions asked, 82 % were derived from only 14 Rules.
4.) These 14 Rules represents only 25 % of the total number of rules in Civil
procedure.
5.) The most asked article was on Rule 9 entitled “Effect of failure to plead” followed by Rule 6 “Pleadings”, Rule 3 “Parties to a civil action”, Rule 2 “Cause of action”, Rule 39 “Execution of judgment” and so on. It can be noticed that there is a very good reason why such rules were those that were frequently asked. These rules walks you to the process of a civil action. (Pleadings, parties, cause of action etc.)
CIVIL LAW
Did you know that the most asked book in the Civil law exam is Book 4 ? Book 4 (Obligations and contracts, Special contracts) consist of about 46 % of the exam in civil law ?
Did you know that 14 % of the questions asked in book 4 is about obligations ?
Did you know that 77 % of the questions taken from Book 1 are taken from the Family code ?
TAXATION
Income taxation, Remedies and General principles constitutes 85 % of the exam in taxation for the past 7 years.
MERCANTILE LAW
The corporation code, Negotiable instrument, Insurance code, securities regulation code, transportation laws, banking laws, maritime commerce and the civil code make up 85 % of the exams on mercantile law.
The other 15 % is composed of other special laws namely:
Asked more 9 times or more for the past 15 years:
- Intellectual property law
- Bulk sales law
- Insolvency law
- Chattel mortgage law
- Retail trade liberalization law
Asked less than 5 times for the past 15 years:
- Trust receipts law
- Letters of credit
- Anti-dummy act
- Flag law
- Electric power industry reform act
- Public service law
- Foreign investment act
- Investor’s lease act
- Constitution
- Other applied provisions of the code of commerce.
So what does the “Pareto principle” really mean ?
The 80/20 Rule means that in everything there is a “vital a few” (20 percent) that results in the “trivial many” (80 percent) For Pareto it meant 20 percent of the people owned 80 percent of the wealth. In Juran’s work he identified 20 percent of the defects causing 80 percent of the problems Project managers know that about 20 percent of the work consume 80 percent of time and resources. 80 percent of company sales will come from 20 percent of the sales people. 20 percent of the employee will cause 80 percent of the problems. The 80/20 Rule applies to almost anything, from management to science. So why can’t we apply it in preparations for the bar exam?
How can observing the Pareto principle in the bar exam help you ?
The value of the Pareto Principle for a bar candidate is that it reminds you where to focus your study on. Of all the laws that you have studied and read, only 20 percent really matter in the bar exams. Those 20 percent make up 80 percent of the bar exam questions. With this in mind a bar candidate should spend 80 % of his time studying the vital 20 %.
Some people say that we should not study hard but that we should study hard. Definitely that is true, however we should remember that it is more important to study smart on the right things.
Does the bar exam have a pattern ?
“Quantum mechanics is certainly imposing. But an inner voice tells me that it is not yet the real thing. The theory says a lot, but does not really bring us any closer to the secret of the Old One. I, at any rate, am convinced that He does not throw dice.” – Albert Einstein
Whether we agree or not, we live in a world of order. Our world follows a set of rules and principles. The sun and moon just does not rise and set randomly, it follows a certain pattern. Seasons goes through certain cycles. What goes up must come down, and for every action there is always an equal and opposite reaction.
Even how chaotic a system might be, there is always a certain “order” to it. Einstein’s quote above is often paraphrased as “God does not play dice with the universe”
To recognize the existence of such patterns and to make use of them will be certainly to our advantage.
In our study of law it cannot be denied that the preparations for the bar exams is given primordial concern. Preparing for the bar is not an easy task. Wouldn’t it be great if we would know in advance what particular article or subject area we should study? Is it even possible to know this?
The answer may be a yes or no. The science of probability and statistics is not an exact science. However it more or less gives us a general idea on things on what would be, though not what should be.
For this reason a group of lawyers and law students has developed a five volume reviewer for the bar exams called the “LEX PARETO NOTES”
What is the “Lex Pareto notes” and why call is called such ?
A famous bar reviewer once said, that only 25 % of the articles in the Civil code are going to be asked in the bar exams. The rest of the 75 % will never be asked or if they will be, they will seldom be asked. He quipped “Magiging ka tawa-tawa ang bar exam pag kinuha sa 75 % sa civil code ang mga questions.”
Prof. Abelardo Domondon, a very well known bar reviewer said that he topped the bar because he studied the previous bar exam questions and saw a “pattern” in the questions that are being asked. He even showed evidence concerning this matter.
This is what the Lex Pareto Notes is all about. The Lex Pareto Notes is based on the foundation laid down by Italian economist Vilfredo Pareto. If Pareto were alive today he could say that 20 % of the law are the questions that will most likely be asked in the bar exams, while approximately 80 % of it will rarely be asked or never asked at all.
Who is Pareto anyway ?
Vilfredo Pareto is an Italian economist. In 1906 he observed that twenty percent of the people owned eighty percent of the wealth. Through that he created a mathematical formula to describe the unequal distribution of wealth in his country. After Pareto made his observation and created his formula, many others observed similar phenomena in their own areas of expertise. In the late 1940s, Dr. Joseph M. Juran a quality management pioneer based in the U.S attributed the 80/20 Rule to Pareto, calling it Pareto’s Principle. Dr. Juran reduced this universal principle into writing and gave another term for it the “Vital few, trivial many” principle.
So what does the “Pareto principle” really mean ?
The 80/20 Rule means that in anything a few (20 percent) are vital and many (80 percent) are trivial. For Pareto it meant 20 percent of the people owned 80 percent of the wealth. In Juran’s work he identified 20 percent of the defects causing 80 percent of the problems Project managers know that about 20 percent of the work consume 80 percent of time and resources. 80 percent of company sales will come from 20 percent of the sales people. 20 percent of the employee will cause 80 percent of the problems. The 80/20 Rule applies to almost anything, from management to the science. So why can’t we apply it in preparations for the bar exam?
How can observing the Pareto principle in the bar exam help you ?
The value of the Pareto Principle for a bar candidate is that it reminds you where to focus your study on. Of all the laws that you have studied and read, only 20 percent really matter in the bar exams. Those 20 percent make up 80 percent of the bar exam questions. With this in mind, a bar candidate should spend 80 % of his time studying the vital 20 %.
Some people say that we should not study hard but that we should study hard. Definitely that is true, however we should remember that it is more important to study smart on the right things.
The five volume work contains, graphs, statistics on how many times a question has been asked on a particular article. It will point out the applicability of the Pareto law in the bar exam questions. It also discusses the doctrines that were asked in the bar exams. The first four volumes corresponds to the subjects that will be given for the 4 Sundays of the bar exams. Volume 1 will be on Political law and Labor law. Volume 2 will be on Civil law and TAXATION. Volume 3 will be about Mercantile law and Criminal law while Volume 4 will be on Remedial law and Legal Ethics and Practical exercises. Volume 5 will be all about bar questions from 1990 to 2006 and other information on bar preparations.
For more information on where to buy the LEX PARETO NOTES 2007 edition and other information check out their website at www.lexparetonotes.8m.com.
REFERENCE Pinoylaw.com Message Board
http://naijapinoy.wordpress.com/2008/05/10/lex-pareto-notes-is-there-a-pattern-to-philippine-bar-exams/
Did you know that 34 % of the bar exams in legal ethics for the past 15 years, is taken from the Code of professional responsibility ?
Did you know that 78 % of the questions asked in the Code of Professional responsibility comes from Chapter 1 and Chapter 4 of said code ?
Did you know that out of 52 questions taken from the Rules of court, 29 are asked from RULE 138 for the past 15 years ?
Did you know that the “COMPLAINT” is the most favorite form asked in PRACTICAL EXERCISES, and that it has been asked for 20 times in the past 15 years ?
CRIMINAL LAW
Did you know that 77 % of the criminal law exam is taken from the revised penal code, 19 % from Special penal laws and other matters compose only 4 %
Observations on book 2 of the revised Penal code:
Book 2 has a total of 253 articles of which only 75 are asked (About 30 %)
These 75 Articles are asked 211 times
Out of the 211 times these articles were asked 178 (84 %) were taken from those articles that were asked at least twice.
The most asked crime was on murder, followed by homicide, estafa, robbery with violence against persons.
REMEDIAL LAW
GENERAL OBSERVATIONS ON QUESTIONS TAKEN FROM CIVIL PROCEDURE FOR THE PAST 15 YEARS:
1.) Civil procedure has 56 Rules. Out of these 56 Rules, 33 were asked.
2.) About 150 questions were taken out of these 33 Rules
3.) Of the 150 questions asked, 82 % were derived from only 14 Rules.
4.) These 14 Rules represents only 25 % of the total number of rules in Civil
procedure.
5.) The most asked article was on Rule 9 entitled “Effect of failure to plead” followed by Rule 6 “Pleadings”, Rule 3 “Parties to a civil action”, Rule 2 “Cause of action”, Rule 39 “Execution of judgment” and so on. It can be noticed that there is a very good reason why such rules were those that were frequently asked. These rules walks you to the process of a civil action. (Pleadings, parties, cause of action etc.)
CIVIL LAW
Did you know that the most asked book in the Civil law exam is Book 4 ? Book 4 (Obligations and contracts, Special contracts) consist of about 46 % of the exam in civil law ?
Did you know that 14 % of the questions asked in book 4 is about obligations ?
Did you know that 77 % of the questions taken from Book 1 are taken from the Family code ?
TAXATION
Income taxation, Remedies and General principles constitutes 85 % of the exam in taxation for the past 7 years.
MERCANTILE LAW
The corporation code, Negotiable instrument, Insurance code, securities regulation code, transportation laws, banking laws, maritime commerce and the civil code make up 85 % of the exams on mercantile law.
The other 15 % is composed of other special laws namely:
Asked more 9 times or more for the past 15 years:
- Intellectual property law
- Bulk sales law
- Insolvency law
- Chattel mortgage law
- Retail trade liberalization law
Asked less than 5 times for the past 15 years:
- Trust receipts law
- Letters of credit
- Anti-dummy act
- Flag law
- Electric power industry reform act
- Public service law
- Foreign investment act
- Investor’s lease act
- Constitution
- Other applied provisions of the code of commerce.
So what does the “Pareto principle” really mean ?
The 80/20 Rule means that in everything there is a “vital a few” (20 percent) that results in the “trivial many” (80 percent) For Pareto it meant 20 percent of the people owned 80 percent of the wealth. In Juran’s work he identified 20 percent of the defects causing 80 percent of the problems Project managers know that about 20 percent of the work consume 80 percent of time and resources. 80 percent of company sales will come from 20 percent of the sales people. 20 percent of the employee will cause 80 percent of the problems. The 80/20 Rule applies to almost anything, from management to science. So why can’t we apply it in preparations for the bar exam?
How can observing the Pareto principle in the bar exam help you ?
The value of the Pareto Principle for a bar candidate is that it reminds you where to focus your study on. Of all the laws that you have studied and read, only 20 percent really matter in the bar exams. Those 20 percent make up 80 percent of the bar exam questions. With this in mind a bar candidate should spend 80 % of his time studying the vital 20 %.
Some people say that we should not study hard but that we should study hard. Definitely that is true, however we should remember that it is more important to study smart on the right things.
Does the bar exam have a pattern ?
“Quantum mechanics is certainly imposing. But an inner voice tells me that it is not yet the real thing. The theory says a lot, but does not really bring us any closer to the secret of the Old One. I, at any rate, am convinced that He does not throw dice.” – Albert Einstein
Whether we agree or not, we live in a world of order. Our world follows a set of rules and principles. The sun and moon just does not rise and set randomly, it follows a certain pattern. Seasons goes through certain cycles. What goes up must come down, and for every action there is always an equal and opposite reaction.
Even how chaotic a system might be, there is always a certain “order” to it. Einstein’s quote above is often paraphrased as “God does not play dice with the universe”
To recognize the existence of such patterns and to make use of them will be certainly to our advantage.
In our study of law it cannot be denied that the preparations for the bar exams is given primordial concern. Preparing for the bar is not an easy task. Wouldn’t it be great if we would know in advance what particular article or subject area we should study? Is it even possible to know this?
The answer may be a yes or no. The science of probability and statistics is not an exact science. However it more or less gives us a general idea on things on what would be, though not what should be.
For this reason a group of lawyers and law students has developed a five volume reviewer for the bar exams called the “LEX PARETO NOTES”
What is the “Lex Pareto notes” and why call is called such ?
A famous bar reviewer once said, that only 25 % of the articles in the Civil code are going to be asked in the bar exams. The rest of the 75 % will never be asked or if they will be, they will seldom be asked. He quipped “Magiging ka tawa-tawa ang bar exam pag kinuha sa 75 % sa civil code ang mga questions.”
Prof. Abelardo Domondon, a very well known bar reviewer said that he topped the bar because he studied the previous bar exam questions and saw a “pattern” in the questions that are being asked. He even showed evidence concerning this matter.
This is what the Lex Pareto Notes is all about. The Lex Pareto Notes is based on the foundation laid down by Italian economist Vilfredo Pareto. If Pareto were alive today he could say that 20 % of the law are the questions that will most likely be asked in the bar exams, while approximately 80 % of it will rarely be asked or never asked at all.
Who is Pareto anyway ?
Vilfredo Pareto is an Italian economist. In 1906 he observed that twenty percent of the people owned eighty percent of the wealth. Through that he created a mathematical formula to describe the unequal distribution of wealth in his country. After Pareto made his observation and created his formula, many others observed similar phenomena in their own areas of expertise. In the late 1940s, Dr. Joseph M. Juran a quality management pioneer based in the U.S attributed the 80/20 Rule to Pareto, calling it Pareto’s Principle. Dr. Juran reduced this universal principle into writing and gave another term for it the “Vital few, trivial many” principle.
So what does the “Pareto principle” really mean ?
The 80/20 Rule means that in anything a few (20 percent) are vital and many (80 percent) are trivial. For Pareto it meant 20 percent of the people owned 80 percent of the wealth. In Juran’s work he identified 20 percent of the defects causing 80 percent of the problems Project managers know that about 20 percent of the work consume 80 percent of time and resources. 80 percent of company sales will come from 20 percent of the sales people. 20 percent of the employee will cause 80 percent of the problems. The 80/20 Rule applies to almost anything, from management to the science. So why can’t we apply it in preparations for the bar exam?
How can observing the Pareto principle in the bar exam help you ?
The value of the Pareto Principle for a bar candidate is that it reminds you where to focus your study on. Of all the laws that you have studied and read, only 20 percent really matter in the bar exams. Those 20 percent make up 80 percent of the bar exam questions. With this in mind, a bar candidate should spend 80 % of his time studying the vital 20 %.
Some people say that we should not study hard but that we should study hard. Definitely that is true, however we should remember that it is more important to study smart on the right things.
The five volume work contains, graphs, statistics on how many times a question has been asked on a particular article. It will point out the applicability of the Pareto law in the bar exam questions. It also discusses the doctrines that were asked in the bar exams. The first four volumes corresponds to the subjects that will be given for the 4 Sundays of the bar exams. Volume 1 will be on Political law and Labor law. Volume 2 will be on Civil law and TAXATION. Volume 3 will be about Mercantile law and Criminal law while Volume 4 will be on Remedial law and Legal Ethics and Practical exercises. Volume 5 will be all about bar questions from 1990 to 2006 and other information on bar preparations.
For more information on where to buy the LEX PARETO NOTES 2007 edition and other information check out their website at www.lexparetonotes.8m.com.
REFERENCE Pinoylaw.com Message Board
Monday, April 5, 2010
Private interest
A LAW EACH DAY (Keeps Trouble Away) By Jose C. Sison (The Philippine Star) Updated April 06, 2010 12:00 AM
Is an extrajudicial foreclosure of mortgage null and void if there is only one bidder in the auction sale conducted pursuant thereto? This is the question answered in this case of the spouses Mar and Rose, and Mandy and Minia.
The case involved two parcels of land together with all the buildings and improvements thereon owned by the two spouses and mortgaged to a bank (PSB) to secure their loan of P1,255,000. On May 8, 2002, when the spouses failed to pay their obligation despite demands, the bank instituted extrajudicial foreclosure proceedings on the real estate mortgage pursuant to Act 3135, as amended.
During the auction sale conducted on February 18, 2003, PSB itself emerged as the sole and highest bidder. So a corresponding Certificate of Sale dated February 20, 2003 was issued in its favor which was registered with the Registry of Deeds on March 25, 2003.
On December 1, 2003 PSB filed an Ex Parte Petition for a Writ of Possession before the Regional Trial Court (RTC). On September 21, 2004, after the period of redemption had already expired, the Writ was granted by the RTC. On January 20, 2005 the spouses filed a Motion to stop the implementation of the Writ. They claimed and sought the nullification of the foreclosure sale for allegedly having been conducted in contravention of the procedural requirements in Extrajudicial Foreclosure particularly A.M. Circular No. 99-10-05-0 which took effect on January 15, 2000 requiring at least two participating bidders in an auction sale. Were they correct?
No. The law governing extrajudicial foreclosure of mortgage is Act 3135. The requirement of at least two participating bidders provided in the AM cited is not found in said law. The two-bidder rule is provided in PD 1594 and its implementing rules with respect to contracts for government infrastructure projects because of the public interest involved. Although there is public interest in the regularity of extrajudicial foreclosure of mortgages, the private interest is predominant. The reason therefore for the two-bidder requirement is not as exigent as in contracts for government infrastructure projects.
Hence A.M. Circular 99-10-05-0 has already been amended by Circular 7-2002 Section 5 (a) issued on April 22, 2002 pursuant to Resolutions of January 30, 2001 and August 7, 2001 which provides that “The bidding shall be made through sealed bids which must be submitted to the Sheriff who shall conduct the sale between the hours of 9 a.m. and 4 p.m. of the date of the auction (Act 3135 Section4). The property mortgaged shall be awarded to the party submitting the highest bid and in case of a tie, an open bidding shall be conducted between the highest bidders. Payment of the winning bid shall be made either in cash or manager’s check, in Philippine currency within 5 days from notice”.
The use of the word “bids” (in plural form) does not make it mandatory requirement to have more than one bidder for an auction sale to be valid. AM 99-10-05-0 as amended no longer prescribes the requirement of at least two bidders for a valid auction sale (Spouses Certeza and Villamayor, Jr. vs. Philippine Savings Bank, G.R. 190078, March 5, 2010).
Is an extrajudicial foreclosure of mortgage null and void if there is only one bidder in the auction sale conducted pursuant thereto? This is the question answered in this case of the spouses Mar and Rose, and Mandy and Minia.
The case involved two parcels of land together with all the buildings and improvements thereon owned by the two spouses and mortgaged to a bank (PSB) to secure their loan of P1,255,000. On May 8, 2002, when the spouses failed to pay their obligation despite demands, the bank instituted extrajudicial foreclosure proceedings on the real estate mortgage pursuant to Act 3135, as amended.
During the auction sale conducted on February 18, 2003, PSB itself emerged as the sole and highest bidder. So a corresponding Certificate of Sale dated February 20, 2003 was issued in its favor which was registered with the Registry of Deeds on March 25, 2003.
On December 1, 2003 PSB filed an Ex Parte Petition for a Writ of Possession before the Regional Trial Court (RTC). On September 21, 2004, after the period of redemption had already expired, the Writ was granted by the RTC. On January 20, 2005 the spouses filed a Motion to stop the implementation of the Writ. They claimed and sought the nullification of the foreclosure sale for allegedly having been conducted in contravention of the procedural requirements in Extrajudicial Foreclosure particularly A.M. Circular No. 99-10-05-0 which took effect on January 15, 2000 requiring at least two participating bidders in an auction sale. Were they correct?
No. The law governing extrajudicial foreclosure of mortgage is Act 3135. The requirement of at least two participating bidders provided in the AM cited is not found in said law. The two-bidder rule is provided in PD 1594 and its implementing rules with respect to contracts for government infrastructure projects because of the public interest involved. Although there is public interest in the regularity of extrajudicial foreclosure of mortgages, the private interest is predominant. The reason therefore for the two-bidder requirement is not as exigent as in contracts for government infrastructure projects.
Hence A.M. Circular 99-10-05-0 has already been amended by Circular 7-2002 Section 5 (a) issued on April 22, 2002 pursuant to Resolutions of January 30, 2001 and August 7, 2001 which provides that “The bidding shall be made through sealed bids which must be submitted to the Sheriff who shall conduct the sale between the hours of 9 a.m. and 4 p.m. of the date of the auction (Act 3135 Section4). The property mortgaged shall be awarded to the party submitting the highest bid and in case of a tie, an open bidding shall be conducted between the highest bidders. Payment of the winning bid shall be made either in cash or manager’s check, in Philippine currency within 5 days from notice”.
The use of the word “bids” (in plural form) does not make it mandatory requirement to have more than one bidder for an auction sale to be valid. AM 99-10-05-0 as amended no longer prescribes the requirement of at least two bidders for a valid auction sale (Spouses Certeza and Villamayor, Jr. vs. Philippine Savings Bank, G.R. 190078, March 5, 2010).
Sunday, March 28, 2010
Supreme Court releases ruling on Bulacan gov row
By Edu Punay (The Philippine Star) Updated March 26, 2010 12:00 AM
MANILA, Philippines - The Supreme Court (SC) formally released yesterday its ruling nullifying resolutions and an order of the Commission on Elections (Come-lec) that ousted Bulacan Gov. Joselito Mendoza and proclaimed his rival, former agrarian reform secretary Roberto Pagdanganan, as the winner in the 2007 gubernatorial contest.
In a 15-page decision penned by Associate Justice Jose Perez, the SC ruled that the Comelec committed grave abuse of discretion in ordering Mendoza’s ouster in favor of Pagdanganan’s protest when the poll body violated its own rule requiring majority vote in executing its decisions on election cases.
The SC said the failure of Comelec to muster the required majority vote even after the rehearing of the case last Feb. 15 “should have caused the dismissal” of Pagdanganan’s poll protest.
The SC said the Comelec “completely ignored and disregarded its very own decree” under Section 6 Rule 18 of the Rules of Procedure, which requires a majority vote of four among its commissioners before a ruling becomes final and executory, when it issued the order for Mendoza’s ouster and the succeeding writ of execution.
Under the same rules, the Comelec should have junked the complaint of Pagdanganan, the SC added.
The nullified Comelec ruling showed that Pagdanganan got 342,295 votes as against Mendoza’s 337,974, or a vote margin of 4,321 votes.
The 9-4-2 voting of the justices on the case was announced by SC spokesman Midas Marquez last Tuesday “to avert any violence that may occur” because of earlier tension in the Bulacan provincial capitol.
MANILA, Philippines - The Supreme Court (SC) formally released yesterday its ruling nullifying resolutions and an order of the Commission on Elections (Come-lec) that ousted Bulacan Gov. Joselito Mendoza and proclaimed his rival, former agrarian reform secretary Roberto Pagdanganan, as the winner in the 2007 gubernatorial contest.
In a 15-page decision penned by Associate Justice Jose Perez, the SC ruled that the Comelec committed grave abuse of discretion in ordering Mendoza’s ouster in favor of Pagdanganan’s protest when the poll body violated its own rule requiring majority vote in executing its decisions on election cases.
The SC said the failure of Comelec to muster the required majority vote even after the rehearing of the case last Feb. 15 “should have caused the dismissal” of Pagdanganan’s poll protest.
The SC said the Comelec “completely ignored and disregarded its very own decree” under Section 6 Rule 18 of the Rules of Procedure, which requires a majority vote of four among its commissioners before a ruling becomes final and executory, when it issued the order for Mendoza’s ouster and the succeeding writ of execution.
Under the same rules, the Comelec should have junked the complaint of Pagdanganan, the SC added.
The nullified Comelec ruling showed that Pagdanganan got 342,295 votes as against Mendoza’s 337,974, or a vote margin of 4,321 votes.
The 9-4-2 voting of the justices on the case was announced by SC spokesman Midas Marquez last Tuesday “to avert any violence that may occur” because of earlier tension in the Bulacan provincial capitol.
1,451 law graduates pass 2009 Bar exams
By Edu Punay (philstar.com) Updated March 26, 2010 12:30 PM
MANILA, Philippines -- A total of 1,451 law graduates passed last year's Bar exams and will be declared new lawyers by the Supreme Court tonight.
This year's passing rate is 24.58 percent, an insider told The STAR. A total of 5,903 law graduates in September and October last year.
The High Court approved the results presented by Associate Justice Antonio Eduardo Nachura, chairman of the 2009 Bar exams committee, in a special session this morning
The court ordered the decoding and release of the result at around 11 a.m. It will be officially released tonight at the SC building in Padre Faura St. in Manila and will also be simultaneous posted in the SC website at http:// sc.judiciary.gov.ph.
MANILA, Philippines -- A total of 1,451 law graduates passed last year's Bar exams and will be declared new lawyers by the Supreme Court tonight.
This year's passing rate is 24.58 percent, an insider told The STAR. A total of 5,903 law graduates in September and October last year.
The High Court approved the results presented by Associate Justice Antonio Eduardo Nachura, chairman of the 2009 Bar exams committee, in a special session this morning
The court ordered the decoding and release of the result at around 11 a.m. It will be officially released tonight at the SC building in Padre Faura St. in Manila and will also be simultaneous posted in the SC website at http:// sc.judiciary.gov.ph.
Chief justice ruling can't justify GMA appointments - SC
By Edu Punay (The Philippine Star) Updated March 29, 2010 12:00 AM
MANILA, Philippines - Malacañang cannot use the recent Supreme Court ruling on the case of the appointment of the next chief justice to justify its recent appointments and dismissals, SC spokesman Midas Marquez said yesterday.
Marquez explained that the decision allowing President Arroyo to appoint the next chief justice despite the constitutional ban on appointments during the election period does not give her blanket authority to appoint officials in other departments of government.
“The SC decision, as concurred in by nine justices, and which is not yet final, only exempts appointments to the SC from the ban,” Marquez pointed out.
He issued the statement amid reports that the President had appointed two justices of the Court of Appeals, an ambassador and board members of cultural bodies where there were no vacancies.
On March 17, nine of the 15 SC justices voted in a special full court session that Mrs. Arroyo could appoint justices of the High Court during the ban on midnight appointments.
But there was no clear ruling on whether the exemption applied to other posts in the judiciary and in constitutional offices. Legal experts said the court had to clarify its ruling.
Critics said the recent appointments could be questioned before the High Court.
Article VII Section 15 of the Constitution states: “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”
Among the new appointees was 87-year-old taipan Alfonso Yuchengco, who replaced Philippine Ambassador to Germany Delia Domingo-Albert. Albert was removed on the day she was given the Most Outstanding Filipino Woman in Global Diplomacy award in Malacañang.
It was also learned that Mrs. Arroyo has named her classmate and aerobics instructor Cynthia Carreon to head the Tourism Promotions Board and Mark Lapid as chief operating officer of the Tourism Infrastructure and Enterprise Zone Authority.
Among the top executives replaced was National Museum director Cora Alvina and Bureau of Animal Industry director Dave Catbagan.
Power Sector Assets and Liabilities Management Corp. president and chief executive officer Jose Ibazeta was named officer-in-charge of the Department of Energy following the resignation of Angelo Reyes, who had accepted the nomination of party-list group 1-Utak.
Former Manila International Airport Authority general manager Alfonso Cusi was named chief of the new Civil Aviation Authority of the Philippines (CAAP).
The appointments of at least 15 officials, including the entire boards of the National Museum and the National Historical Institute, were only made known to the public early last week.
But Malacañang already said the appointment papers were signed before March 1.
Marquez though clarified there was nothing irregular in the appointment of two professors of the Angeles University Foundation School of Law as justices of the Court of Appeals.
“The reported two CA justices (Eduardo Peralta Jr. and Ramon Hernando) were appointed and have taken oath even before the ban took effect,” Marquez said.
‘Recallable’
Malacañang also called on critics to respect the President’s appointing authority. It said the recent appointments and dismissals were done in accordance with the Constitution and were not covered by the ban on hiring of officials 60 days before the May 10 elections.
The Palace also rebuked Albert, who reportedly complained of her removal from her posting in Germany.
Press Secretary Crispulo Icban, in a statement yesterday, said Albert “retired in 2005 and has since been annually extended as a political appointee recallable at any time.”
“Political ambassadors are recallable any time and we in the career service know that,” Department of Foreign Affairs (DFA) spokesman Assistant Secretary Eduardo Malaya added.
Executive Secretary Leandro Mendoza clarified Mrs. Arroyo has never removed career officials unless they were promoted.
Mendoza stressed the President has never violated the Civil Service Law.
Mendoza disclosed he had duly informed Albert of the appointment of Yuchengco but she is to remain at her post pending the completion of the two requirements of such ambassadorial appointments — the concurrence of the German government and confirmation by the Commission on Appointments (CA).
With respect to the ratio between career and political appointees in the DFA, Malaya said the Arroyo administration has appointed more career ambassadors and consuls general, or 72.83 percent of the total appointed than political ones.
Former Civil Service Commission chairwoman and now Development Bank of the Philippines (DBP) chief Patricia Sto. Tomas said in Mrs. Arroyo’s more recent appointments in the government service, the percentage of career versus political appointments has been 93.7 percent.
Deputy presidential spokesman Gary Olivar said the opposition got the impression the appointments were rushed because the papers and reports came out almost all at the same time in the media.
“As a matter of fact, all of these appointments were actually made over an extended period of time, it’s just that it appears that they were done all at the same time,” Olivar said.
“If you look at them, all of these appointments were justified for various reasons,” he said.
Olivar cited the case of Ibazeta who was designated officer-in-charge of the Department of Energy to ensure continuity of operations in the agency.
He said others were not actually appointments but transfers or reassignments.
Olivar said the rest were all made before March 10 but the paperwork took time.
“We followed all the legal processes and that’s clear. We wish that some of the members of the opposition end politicizing or using this issue to gain campaign points. Let’s just look at the facts and data behind these appointments and we will see that they are all in order,” Olivar said.
Review
On the other hand, Nacionalista Party (NP) standard-bearer Sen. Manny Villar Jr. said he would initiate a review of all the appointments made by Mrs. Arroyo should he get elected.
Villar expressed concern over the en masse appointments made by Mrs. Arroyo, mostly replacing career officials.
NP senatorial candidate Susan “Toots” Ople, for her part, urged Yuchengco to reconsider his designation to replace Albert as ambassador to Germany.
“I appeal to Ambassador Yuchengco to decline the designation and it would be unfortunate if his career as one of our country’s distinguished ambassadors would be placed under legal doubt because of this midnight appointment,” Ople said.
Ople, a former Labor undersecretary, believes Yuchengco has served the country well in the past, and his previous stint as ambassador should not be tainted with controversies.
“One, (Yuchengco) also has a responsibility to the institution that he served under, the DFA. And he knows very well that there are protocols involved in the designation of ambassadors… why cap his career with this kind of midnight appointment?” she asked.
Ople added the changing of the guard would also be costly to the government.
Ople said Malacañang should clarify the appointment of Yuchengco
“Clearly, the protocols were violated. But what’s the urgency behind the new appointments. And why ambassador Yuchengco? Somebody within the department who is also (a) career (official) may have been tapped as a replacement. They really have to explain because this is not just a local issue, international diplomacy in involved,” Ople added.
Though the President has the right to choose her appointees, Ople said this power must be exercised with prudence, transparency and always for the common good, particularly as the transition to a new administration nears. – With Paolo Romero, Christina Mendez
MANILA, Philippines - Malacañang cannot use the recent Supreme Court ruling on the case of the appointment of the next chief justice to justify its recent appointments and dismissals, SC spokesman Midas Marquez said yesterday.
Marquez explained that the decision allowing President Arroyo to appoint the next chief justice despite the constitutional ban on appointments during the election period does not give her blanket authority to appoint officials in other departments of government.
“The SC decision, as concurred in by nine justices, and which is not yet final, only exempts appointments to the SC from the ban,” Marquez pointed out.
He issued the statement amid reports that the President had appointed two justices of the Court of Appeals, an ambassador and board members of cultural bodies where there were no vacancies.
On March 17, nine of the 15 SC justices voted in a special full court session that Mrs. Arroyo could appoint justices of the High Court during the ban on midnight appointments.
But there was no clear ruling on whether the exemption applied to other posts in the judiciary and in constitutional offices. Legal experts said the court had to clarify its ruling.
Critics said the recent appointments could be questioned before the High Court.
Article VII Section 15 of the Constitution states: “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”
Among the new appointees was 87-year-old taipan Alfonso Yuchengco, who replaced Philippine Ambassador to Germany Delia Domingo-Albert. Albert was removed on the day she was given the Most Outstanding Filipino Woman in Global Diplomacy award in Malacañang.
It was also learned that Mrs. Arroyo has named her classmate and aerobics instructor Cynthia Carreon to head the Tourism Promotions Board and Mark Lapid as chief operating officer of the Tourism Infrastructure and Enterprise Zone Authority.
Among the top executives replaced was National Museum director Cora Alvina and Bureau of Animal Industry director Dave Catbagan.
Power Sector Assets and Liabilities Management Corp. president and chief executive officer Jose Ibazeta was named officer-in-charge of the Department of Energy following the resignation of Angelo Reyes, who had accepted the nomination of party-list group 1-Utak.
Former Manila International Airport Authority general manager Alfonso Cusi was named chief of the new Civil Aviation Authority of the Philippines (CAAP).
The appointments of at least 15 officials, including the entire boards of the National Museum and the National Historical Institute, were only made known to the public early last week.
But Malacañang already said the appointment papers were signed before March 1.
Marquez though clarified there was nothing irregular in the appointment of two professors of the Angeles University Foundation School of Law as justices of the Court of Appeals.
“The reported two CA justices (Eduardo Peralta Jr. and Ramon Hernando) were appointed and have taken oath even before the ban took effect,” Marquez said.
‘Recallable’
Malacañang also called on critics to respect the President’s appointing authority. It said the recent appointments and dismissals were done in accordance with the Constitution and were not covered by the ban on hiring of officials 60 days before the May 10 elections.
The Palace also rebuked Albert, who reportedly complained of her removal from her posting in Germany.
Press Secretary Crispulo Icban, in a statement yesterday, said Albert “retired in 2005 and has since been annually extended as a political appointee recallable at any time.”
“Political ambassadors are recallable any time and we in the career service know that,” Department of Foreign Affairs (DFA) spokesman Assistant Secretary Eduardo Malaya added.
Executive Secretary Leandro Mendoza clarified Mrs. Arroyo has never removed career officials unless they were promoted.
Mendoza stressed the President has never violated the Civil Service Law.
Mendoza disclosed he had duly informed Albert of the appointment of Yuchengco but she is to remain at her post pending the completion of the two requirements of such ambassadorial appointments — the concurrence of the German government and confirmation by the Commission on Appointments (CA).
With respect to the ratio between career and political appointees in the DFA, Malaya said the Arroyo administration has appointed more career ambassadors and consuls general, or 72.83 percent of the total appointed than political ones.
Former Civil Service Commission chairwoman and now Development Bank of the Philippines (DBP) chief Patricia Sto. Tomas said in Mrs. Arroyo’s more recent appointments in the government service, the percentage of career versus political appointments has been 93.7 percent.
Deputy presidential spokesman Gary Olivar said the opposition got the impression the appointments were rushed because the papers and reports came out almost all at the same time in the media.
“As a matter of fact, all of these appointments were actually made over an extended period of time, it’s just that it appears that they were done all at the same time,” Olivar said.
“If you look at them, all of these appointments were justified for various reasons,” he said.
Olivar cited the case of Ibazeta who was designated officer-in-charge of the Department of Energy to ensure continuity of operations in the agency.
He said others were not actually appointments but transfers or reassignments.
Olivar said the rest were all made before March 10 but the paperwork took time.
“We followed all the legal processes and that’s clear. We wish that some of the members of the opposition end politicizing or using this issue to gain campaign points. Let’s just look at the facts and data behind these appointments and we will see that they are all in order,” Olivar said.
Review
On the other hand, Nacionalista Party (NP) standard-bearer Sen. Manny Villar Jr. said he would initiate a review of all the appointments made by Mrs. Arroyo should he get elected.
Villar expressed concern over the en masse appointments made by Mrs. Arroyo, mostly replacing career officials.
NP senatorial candidate Susan “Toots” Ople, for her part, urged Yuchengco to reconsider his designation to replace Albert as ambassador to Germany.
“I appeal to Ambassador Yuchengco to decline the designation and it would be unfortunate if his career as one of our country’s distinguished ambassadors would be placed under legal doubt because of this midnight appointment,” Ople said.
Ople, a former Labor undersecretary, believes Yuchengco has served the country well in the past, and his previous stint as ambassador should not be tainted with controversies.
“One, (Yuchengco) also has a responsibility to the institution that he served under, the DFA. And he knows very well that there are protocols involved in the designation of ambassadors… why cap his career with this kind of midnight appointment?” she asked.
Ople added the changing of the guard would also be costly to the government.
Ople said Malacañang should clarify the appointment of Yuchengco
“Clearly, the protocols were violated. But what’s the urgency behind the new appointments. And why ambassador Yuchengco? Somebody within the department who is also (a) career (official) may have been tapped as a replacement. They really have to explain because this is not just a local issue, international diplomacy in involved,” Ople added.
Though the President has the right to choose her appointees, Ople said this power must be exercised with prudence, transparency and always for the common good, particularly as the transition to a new administration nears. – With Paolo Romero, Christina Mendez
Friday, March 19, 2010
A LAW EACH DAY
Rotary's secret of longevity
A LAW EACH DAY (Keeps Trouble Away) By Jose C. Sison (The Philippine Star) Updated March 19, 2010 12:00 AM
The secret of longevity of any voluntary organization is the assurance that its vision and mission will be pursued and carried out through the years; that there will be continuity in its programs and activities; and that future plans and projects will also be drawn up and implemented. This is precisely the thrust of Rotary and the very reason for its longevity. And this is the reason why each Rotary district holds an annual conference of all Rotarians belonging to the Clubs in the district.
The purpose of the district conference (Discon) is to continue promoting the Objects of Rotary through fellowship, inspirational addresses and discussions and considerations of special matters submitted to it by the Rotary International (RI) or of matters relating to the affairs of the clubs in the district or to any affairs originating within the district. Legislations may also be proposed and endorsed to the RI’s Council on Legislation which is the Legislative Body of RI vested with authority to amend the RI Constitutional documents.
Usually featured during the conference are Rotary projects and successful district and club activities displayed in the form of exhibits and recognized in the form of awards given for outstanding achievements. The conference also encourages interactions and dialogues among clubs and their members. Hence one of the landmarks in the conference venue is a “House of Friendship” where Rotarians congregate, exchange pleasantries and strengthen the bond of fellowship. The conference is indeed a good opportunity to sustain and increase the membership base of the clubs in the district.
Today, March 19, 2010 is the start of the District 3780 conference at Baguio City. This is the Rotary District composed of 97 Rotary Clubs in Quezon City headed by its first lady governor in the person of Ms. Dulce dB Coyukiat who is definitely one of the most effective governors and powerful motivational speakers the district ever had. The host club for the conference is the Rotary Club of Timog under President Gerry Buhain. Conference Chairman is Past President (PP) Rey David while the Secretary General is PP Francis Paderna. Discon Program Chairman is Past District Governor (PDG) Dan Espinosa. Musical and Dance presentations in between activities are provided by the University of Baguio students. Spouses of Rotarians also have their separate outreach programs and activities like visiting the reception and study center in La Trinidad Benguet.
Following yesterday’s pre-conference sports tournament and this morning’s motorcade, the conference proper starts with a District Leadership Seminar chaired by PP Ed Ferriols and hosted by the Rotary Club of Murphy under President Rod Ria. Seminar speakers are Mark Go who will talk on leadership opportunities and motivational skills. Past District Governor (PDG) Bobby Viray will then talk about district meetings and building an international service project.
This morning also marks the opening and ribbon cutting ceremony of the House of Friendship, with PP Dulce Estrella as Chairman and RC of Cubao Business Center under Pres. Beth Sy as host club; the Family Activity Center with Assistant Governor (AG) Maricor Imperial as Chairman and RC of Diliman North under Pres. Glady Villar as host club; and the Club Exhibits with PE Beth Constantino as Chairman and RC of Loyola Heights under Pres. Rod Apostol as host club.
This afternoon will be the opening ceremonies and the first plenary session. Highlights of these events are the welcome address of Baguio City Mayor Reinaldo A. Bautista Jr., the State of the District Address by DG Dulce Coyukiat, and the State of Rotary Worldwide by PDG Bob Aitken, of District 9690 in Australia who is the RI President’s representative to the conference. The inbound Group Study Exchange teams from Switzerland and Korea will also be presented by PP Jess Tanchanco.
The first day will be capped by the International Night of Fellowship where the conference participants will be attired in different costumes of various nations. This dinner, entertainment, fellowship and dancing affair will be held at the Baguio Country Club Multi-Purpose Hall. Chairman of the night’s bash is PP Manny Santos with PP Gil Valera as co-chair.
Tomorrow, March 20, 2010 will start with breakfast meetings of the incumbent “Hands On” RC Presidents and District Officers and of the Presidents Elect (PE), Incoming District Officers and President Nominees (PN). During the meeting of the PEs and PNs, District Governor Elect (DGE) Ambo Gancayco and DG Nominee (DGN) Jess Cifra will deliver their inspirational messages. Slated to give an inspirational message also is PDG Bob Aitken while DG Dulce Coyukiat will deliver her governor’s message.
The main activities of the second and final day are the three of the four plenary sessions. These four sessions consume a total of about 9 hours devoted to the main business of the conference with guest speakers on different topics.
The second session starts with the talk of PDG Bob Aitken on the Rotary theme, “Future of Rotary is in your hands” followed by the selection of the members of the Nominating Committee and the election of the DGN for 2012-2013. After the presentations and discussions on Rotary and Rotarians’ Concerns, PDG Mar Nery will talk on the topic “Our Family as the Future of Rotary”. Highlights of this session are the speech of guest speakers, Isabela Governor Grace Padaca who will talk on “Promoting High Standards in Business and Profession”, Urban Planner-Architect Jun Palafox who will talk about “Global Warming: Green Urbanism” and Dr. Corazon Barba who will talk on “Good Nutrition for the Filipinos: The Foundation for Better Health”.
The third plenary session will have former Executive Secretary and Pangasinan Governor Oca Orbos as guest speaker who will talk on the topic “Rotary’s 4-Way Test: A Steady Hand to Hold the Future”. Thereafter reactions and panel discussions will be conducted by 11 PDGs of the District as well as DGE Gancayco and DGN Cifra. PDG Gil Divinagracia will also talk about “The Rotary Foundation of the Future”.
The fourth and last plenary session mainly consists of the presentation and affirmation of Proposed Resolutions and Enactment, by PP Tony Abad, Chairman and PP Angel Gahol Vice Chairman followed by the proclamation of the DGN for 2012-2013 and the closing ceremonies. The day will be capped by the Governor’s Ball where dinner and musical entertainment will be provided and when the incoming Governor Ambo Gancayco and his family will be presented to the Rotarians followed by his message.
As can be gleaned from the two-day programs and activities, Discon indeed strengthens the resolve of every Rotarian to make the future of Rotary their responsibility, as RI President John Kenny says.
* * *
A LAW EACH DAY (Keeps Trouble Away) By Jose C. Sison (The Philippine Star) Updated March 19, 2010 12:00 AM
The secret of longevity of any voluntary organization is the assurance that its vision and mission will be pursued and carried out through the years; that there will be continuity in its programs and activities; and that future plans and projects will also be drawn up and implemented. This is precisely the thrust of Rotary and the very reason for its longevity. And this is the reason why each Rotary district holds an annual conference of all Rotarians belonging to the Clubs in the district.
The purpose of the district conference (Discon) is to continue promoting the Objects of Rotary through fellowship, inspirational addresses and discussions and considerations of special matters submitted to it by the Rotary International (RI) or of matters relating to the affairs of the clubs in the district or to any affairs originating within the district. Legislations may also be proposed and endorsed to the RI’s Council on Legislation which is the Legislative Body of RI vested with authority to amend the RI Constitutional documents.
Usually featured during the conference are Rotary projects and successful district and club activities displayed in the form of exhibits and recognized in the form of awards given for outstanding achievements. The conference also encourages interactions and dialogues among clubs and their members. Hence one of the landmarks in the conference venue is a “House of Friendship” where Rotarians congregate, exchange pleasantries and strengthen the bond of fellowship. The conference is indeed a good opportunity to sustain and increase the membership base of the clubs in the district.
Today, March 19, 2010 is the start of the District 3780 conference at Baguio City. This is the Rotary District composed of 97 Rotary Clubs in Quezon City headed by its first lady governor in the person of Ms. Dulce dB Coyukiat who is definitely one of the most effective governors and powerful motivational speakers the district ever had. The host club for the conference is the Rotary Club of Timog under President Gerry Buhain. Conference Chairman is Past President (PP) Rey David while the Secretary General is PP Francis Paderna. Discon Program Chairman is Past District Governor (PDG) Dan Espinosa. Musical and Dance presentations in between activities are provided by the University of Baguio students. Spouses of Rotarians also have their separate outreach programs and activities like visiting the reception and study center in La Trinidad Benguet.
Following yesterday’s pre-conference sports tournament and this morning’s motorcade, the conference proper starts with a District Leadership Seminar chaired by PP Ed Ferriols and hosted by the Rotary Club of Murphy under President Rod Ria. Seminar speakers are Mark Go who will talk on leadership opportunities and motivational skills. Past District Governor (PDG) Bobby Viray will then talk about district meetings and building an international service project.
This morning also marks the opening and ribbon cutting ceremony of the House of Friendship, with PP Dulce Estrella as Chairman and RC of Cubao Business Center under Pres. Beth Sy as host club; the Family Activity Center with Assistant Governor (AG) Maricor Imperial as Chairman and RC of Diliman North under Pres. Glady Villar as host club; and the Club Exhibits with PE Beth Constantino as Chairman and RC of Loyola Heights under Pres. Rod Apostol as host club.
This afternoon will be the opening ceremonies and the first plenary session. Highlights of these events are the welcome address of Baguio City Mayor Reinaldo A. Bautista Jr., the State of the District Address by DG Dulce Coyukiat, and the State of Rotary Worldwide by PDG Bob Aitken, of District 9690 in Australia who is the RI President’s representative to the conference. The inbound Group Study Exchange teams from Switzerland and Korea will also be presented by PP Jess Tanchanco.
The first day will be capped by the International Night of Fellowship where the conference participants will be attired in different costumes of various nations. This dinner, entertainment, fellowship and dancing affair will be held at the Baguio Country Club Multi-Purpose Hall. Chairman of the night’s bash is PP Manny Santos with PP Gil Valera as co-chair.
Tomorrow, March 20, 2010 will start with breakfast meetings of the incumbent “Hands On” RC Presidents and District Officers and of the Presidents Elect (PE), Incoming District Officers and President Nominees (PN). During the meeting of the PEs and PNs, District Governor Elect (DGE) Ambo Gancayco and DG Nominee (DGN) Jess Cifra will deliver their inspirational messages. Slated to give an inspirational message also is PDG Bob Aitken while DG Dulce Coyukiat will deliver her governor’s message.
The main activities of the second and final day are the three of the four plenary sessions. These four sessions consume a total of about 9 hours devoted to the main business of the conference with guest speakers on different topics.
The second session starts with the talk of PDG Bob Aitken on the Rotary theme, “Future of Rotary is in your hands” followed by the selection of the members of the Nominating Committee and the election of the DGN for 2012-2013. After the presentations and discussions on Rotary and Rotarians’ Concerns, PDG Mar Nery will talk on the topic “Our Family as the Future of Rotary”. Highlights of this session are the speech of guest speakers, Isabela Governor Grace Padaca who will talk on “Promoting High Standards in Business and Profession”, Urban Planner-Architect Jun Palafox who will talk about “Global Warming: Green Urbanism” and Dr. Corazon Barba who will talk on “Good Nutrition for the Filipinos: The Foundation for Better Health”.
The third plenary session will have former Executive Secretary and Pangasinan Governor Oca Orbos as guest speaker who will talk on the topic “Rotary’s 4-Way Test: A Steady Hand to Hold the Future”. Thereafter reactions and panel discussions will be conducted by 11 PDGs of the District as well as DGE Gancayco and DGN Cifra. PDG Gil Divinagracia will also talk about “The Rotary Foundation of the Future”.
The fourth and last plenary session mainly consists of the presentation and affirmation of Proposed Resolutions and Enactment, by PP Tony Abad, Chairman and PP Angel Gahol Vice Chairman followed by the proclamation of the DGN for 2012-2013 and the closing ceremonies. The day will be capped by the Governor’s Ball where dinner and musical entertainment will be provided and when the incoming Governor Ambo Gancayco and his family will be presented to the Rotarians followed by his message.
As can be gleaned from the two-day programs and activities, Discon indeed strengthens the resolve of every Rotarian to make the future of Rotary their responsibility, as RI President John Kenny says.
* * *
'Ruling a virtual amendment of 1987 Constitution'
By Delon Porcalla (The Philippine Star) Updated March 19, 2010 12:00 AM
MANILA, Philippines - The Supreme Court (SC) ruling allowing President Arroyo to appoint the next chief justice is tantamount to amending the 1987 Constitution, former Ombudsman Simeon Marcelo said yesterday.
“It is a very clear violation of the 1987 Constitution because of the absolute prohibition,” Marcelo, president of the Philippine Bar Association, told The STAR, referring to the appointments ban from March 10 to June 30, when Mrs. Arroyo steps down.
“It (SC ruling) is shocking to the legal community because the wording of the Constitution here is very clear. There should be no appointments to the judiciary two months before the elections,” said Marcelo, a former law partner and Sigma Rho fraternity brother of the most senior SC associate justice, Antonio Carpio.
Chief Justice Reynato Puno retires on May 17, when he turns 70.
Marcelo, Mrs. Arroyo’s first Ombudsman in 2002, also agreed with the position of Justices Eduardo Nachura and Presbitero Velasco Jr. that the SC cannot at this stage compel the Judicial and Bar Council (JBC) to submit a shortlist of nominees to the top SC post since there is no vacancy yet.
“The issue is not yet ripe for adjudication. There is no vacancy yet. The discretion is with the JBC, whether or not the incumbent president or the next president can appoint the next chief justice,” he explained.
He said he is still hopeful that the high tribunal can change its mind, noting how the magistrates have reversed themselves on several occasions.
“There’s still hope. You know sometimes the SC can surprise you,” he said.
“We’ll just pray after filing a motion for reconsideration and we hope to prick their conscience,” he said in Filipino.
Marcelo lamented that the justices didn’t even bother to seek the legal opinion of experts or even the framers of the Constitution.
“They didn’t schedule oral arguments. Why the haste? We still have two more months before the retirement of Puno,” he said.
The SC acknowledged the importance of oral arguments at least on two occasions - the deliberations on the impeachment case against former Chief Justice Hilario Davide Jr. and on the citizenship issue involving the late Fernando Poe Jr.
In these two instances, the justices sought guidance from amicus curiae or friends of the court.
Nine justices voted in favor of allowing Mrs. Arroyo to name Puno’s successor. They were Lucas Bersamin, Jose Perez, Roberto Abad, Martin Villarama, Teresita Leonardo-de Castro, Arturo Brion, Jose Mendoza, Mariano del Castillo, and Diosdado Peralta.
Only Associate Justice Conchita Carpio-Morales gave a dissenting vote. Justices Nachura and Velasco said the case was premature.
Legacy
Despite the SC’s ruling, President Arroyo should let her successor name the next chief justice if she wants to leave behind a good legacy, her former chief economist and now opposition senatorial candidate Ralph Recto said.
“The President is in the legacy mode. Simply bequeathing onto her successor the right to name the head of a co-equal branch is one classy act of saying goodbye,” Recto said.
“There is no gesture more noble than in refusing to exercise a power that is yours,” he said.
He said that if the President “forfeits her right of appointing a new chief justice, she will score a double victory: legally, in the bench; and morally, in the bar of public opinion.”
Another LP senatorial candidate, Muntinlupa Rep. Ruffy Biazon, gave the same advice.
“Even if the SC ruled that she can name the next chief justice, she also has the option not to do it for the sake of preventing any speculation on the motive behind the appointment,” he said.
“At this time, an appointment by President Arroyo will only suffer from credibility, with people suspecting that the SC is controlled by the President since all the justices are appointed by her,” he said.
Kapatiran Party presidential candidate JC de los Reyes said the latest controversy over the SC decision has underpinned the need “to reformat this government as viruses shattered the nation’s CPU.”
“The midnight appointment violates the Constitution, statutes and jurisprudence, even basic delicadeza,” he said.
De los Reyes, who is running on the platform of moral recovery and God-centeredness, said “a miracle will happen, I just don’t know how and when but I foresee the Lord coming to our rescue.”
“The Lord will meet us at the battlefield and we will prevail,” he told The STAR. With Jess Diaz and Perseus Echeminada
MANILA, Philippines - The Supreme Court (SC) ruling allowing President Arroyo to appoint the next chief justice is tantamount to amending the 1987 Constitution, former Ombudsman Simeon Marcelo said yesterday.
“It is a very clear violation of the 1987 Constitution because of the absolute prohibition,” Marcelo, president of the Philippine Bar Association, told The STAR, referring to the appointments ban from March 10 to June 30, when Mrs. Arroyo steps down.
“It (SC ruling) is shocking to the legal community because the wording of the Constitution here is very clear. There should be no appointments to the judiciary two months before the elections,” said Marcelo, a former law partner and Sigma Rho fraternity brother of the most senior SC associate justice, Antonio Carpio.
Chief Justice Reynato Puno retires on May 17, when he turns 70.
Marcelo, Mrs. Arroyo’s first Ombudsman in 2002, also agreed with the position of Justices Eduardo Nachura and Presbitero Velasco Jr. that the SC cannot at this stage compel the Judicial and Bar Council (JBC) to submit a shortlist of nominees to the top SC post since there is no vacancy yet.
“The issue is not yet ripe for adjudication. There is no vacancy yet. The discretion is with the JBC, whether or not the incumbent president or the next president can appoint the next chief justice,” he explained.
He said he is still hopeful that the high tribunal can change its mind, noting how the magistrates have reversed themselves on several occasions.
“There’s still hope. You know sometimes the SC can surprise you,” he said.
“We’ll just pray after filing a motion for reconsideration and we hope to prick their conscience,” he said in Filipino.
Marcelo lamented that the justices didn’t even bother to seek the legal opinion of experts or even the framers of the Constitution.
“They didn’t schedule oral arguments. Why the haste? We still have two more months before the retirement of Puno,” he said.
The SC acknowledged the importance of oral arguments at least on two occasions - the deliberations on the impeachment case against former Chief Justice Hilario Davide Jr. and on the citizenship issue involving the late Fernando Poe Jr.
In these two instances, the justices sought guidance from amicus curiae or friends of the court.
Nine justices voted in favor of allowing Mrs. Arroyo to name Puno’s successor. They were Lucas Bersamin, Jose Perez, Roberto Abad, Martin Villarama, Teresita Leonardo-de Castro, Arturo Brion, Jose Mendoza, Mariano del Castillo, and Diosdado Peralta.
Only Associate Justice Conchita Carpio-Morales gave a dissenting vote. Justices Nachura and Velasco said the case was premature.
Legacy
Despite the SC’s ruling, President Arroyo should let her successor name the next chief justice if she wants to leave behind a good legacy, her former chief economist and now opposition senatorial candidate Ralph Recto said.
“The President is in the legacy mode. Simply bequeathing onto her successor the right to name the head of a co-equal branch is one classy act of saying goodbye,” Recto said.
“There is no gesture more noble than in refusing to exercise a power that is yours,” he said.
He said that if the President “forfeits her right of appointing a new chief justice, she will score a double victory: legally, in the bench; and morally, in the bar of public opinion.”
Another LP senatorial candidate, Muntinlupa Rep. Ruffy Biazon, gave the same advice.
“Even if the SC ruled that she can name the next chief justice, she also has the option not to do it for the sake of preventing any speculation on the motive behind the appointment,” he said.
“At this time, an appointment by President Arroyo will only suffer from credibility, with people suspecting that the SC is controlled by the President since all the justices are appointed by her,” he said.
Kapatiran Party presidential candidate JC de los Reyes said the latest controversy over the SC decision has underpinned the need “to reformat this government as viruses shattered the nation’s CPU.”
“The midnight appointment violates the Constitution, statutes and jurisprudence, even basic delicadeza,” he said.
De los Reyes, who is running on the platform of moral recovery and God-centeredness, said “a miracle will happen, I just don’t know how and when but I foresee the Lord coming to our rescue.”
“The Lord will meet us at the battlefield and we will prevail,” he told The STAR. With Jess Diaz and Perseus Echeminada
Thursday, March 18, 2010
REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW
Section 1. Applicability of the Rule. – This Rule shall apply to all
criminal cases involving children in conflict with the law.
A child in conflict with the law is a person who at the time of the
commission of the offense is below eighteen years old but not less
than fifteen (15) years and one (1) day old.
This Rule shall not apply to a person who at the time of the
initial contact as defined in Sec. 4(q) of this Rule shall have reached
the age of eighteen (18) in which case, the regular rules on criminal
procedure shall apply without prejudice to the rights granted under
Secs. 53, 54, 55 and 56 of this Rule.
Section 2. Objective. – The objective of this Rule is to ensure
that the justice system treats every child in conflict with the law in a
manner that recognizes and upholds human dignity and worth, and
instills in the child respect for the fundamental rights and freedom of
others. The Rule considers the developmental age of the child and the
desirability of the child's reintegration in and assumption of a
constructive role in society in accordance with the principles of
balanced and restorative justice.
To attain this objective, the Rule seeks:
(a) To provide child-appropriate proceedings, including
programs and services for crime prevention, diversion, rehabilitation,
re-integration and aftercare to ensure the normal growth and
development of the child in conflict with the law;
(b) To provide procedural rules dealing with children in
conflict with the law that take into account their distinct
circumstances, assure all parties of a fair hearing with each party's
constitutional and statutory rights recognized and respected, and
ensure that appropriate disposition measures are implemented by law
enforcers, social services and the courts;
(c) To divert from the formal justice system children in
conflict with the law who can be cared for or placed under community
continuum alternative programs of treatment, training and
rehabilitation in conformity with the principles of balanced and
restorative justice;
(d) To deal with the child in a family environment whenever
possible, and to separate the child from the parents only when
necessary for the child's welfare or in the interest of public safety;
(e) To remove from children in conflict with the law the
stigma of criminality and criminal behavior;
(f) To promote, facilitate and implement in administrative and
judicial proceedings respect for the views of the child;
(g) To provide for the care, protection and wholesome moral,
mental, and physical development of children in conflict with the law;
and
(h) To promote and protect the rights and interest of children
as zones of peace in situations of armed conflict, but who are alleged
to be in conflict with the law. (a)
Section 3. Interpretation. – This Rule shall be interpreted
liberally to promote the best interest of the child in conformity with
Philippine laws, the United Nations' Convention on the Rights of the
Child and relevant international treaties and protocols.
Section 4. Definitions. – As used in this Rule,
(a) Age of criminal responsibility is the age when a child,
fifteen (15) years and one (1) day old or above but below eighteen
(18) years of age, commits an offense with discernment.
(b) Bail refers to the security given for the release of the child
in custody of the law, furnished by the child, the child's parent,
guardian, or a bondsman, to guarantee the child's appearance before
any court. Bail may be posted in a form such as corporate security,
property bond or cash deposit.
(c) Balanced and Restorative Justice is a principle in juvenile
justice that requires a process of resolving conflicts with the
participation of the victim, the child in conflict with the law, and the
community. It seeks to obtain reparation for the victim; reconciliation
of the victim, the child in conflict with the law, and the community,
and the reassurance that the child in conflict with the law can be
reintegrated into society. It also enhances public safety by involving
the victim, the child in conflict with the law, and the community in
prevention strategies. (a)
(d) Best interest of the child refers to the totality of the
circumstances and conditions that 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) Case study report is a written report on the social case
inquiry conducted by the social worker of the local government unit or
the Department of Social Welfare and Development or by the social
worker designated by the court on the social, cultural, economic and
legal status or condition of the child in conflict with the law. It shall
include, among other matters, the child's developmental age;
educational attainment; family and social relationships; the quality of
the child's peer group; the strengths and weaknesses of the family;
parental control; the child's attitude towards the offense; the harm or
damage done to others resulting from the offense; record of prior
offenses, if any; and the attitude of the parents towards the child's
responsibility for the offense. The social worker shall also include an
initial determination of the child's discernment in the commission of
the offense. (a)
(f) Community continuum refers to the after-care of a child in
conflict with the law and is a community-based group therapy process
that provides continuous guidance and support to the child in conflict
with the law upon release from rehabilitation and subsequent
reintegration into society. Community continuum for the child
includes timely release, suitable residence, food, clothing, available
employment and sufficient means to facilitate successful reintegration
in society which shall be provided by the concerned local government
unit and other appropriate agencies. (n)
(g) Corporal punishment is any kind of physical punishment
inflicted on the body as distinguished from pecuniary punishment or
fine.
(h) Court refers to a designated family court or in places where
there are no designated family courts, any regional trial court hearing
family and youth cases. (a)
(i) Deprivation of Liberty refers to any form of detention or
imprisonment, or to the 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 except by order of any
judicial or administrative authority. (a)
(j) Discernment means the capacity of the child at the time of
the commission of the offense to understand the difference between
right and wrong and the consequences of the wrongful act.
(k) Disposition conference is a meeting held by the court with
the social worker who prepared the case study report, together with the
child in conflict with the law and the parents or guardian ad litem, and
the child's counsel for the purpose of determining the disposition
measures appropriate to the personal and special circumstances of the
child.
(l) Diversion refers to an alternative child-appropriate process
of determining the responsibility and treatment of a child in conflict
with the law on the basis of the child's social, cultural, economic,
psychological or educational background without resorting to formal
court adjudication.
(m) Diversion programs refer to programs the child in conflict
the law is required to undergo in lieu of formal court proceedings.
(n) Expedited Transfer of a Child is a process where a child
who commits an offense is immediately brought by the apprehending
officer or private individual to a social worker for preliminary
determination of discernment. (n)
(o) Guardian Ad Litem is a person appointed by the court to
protect the best interest of the child. (a)
(p) In conflict with the law means taken into custody, detained,
or charged with the commission of an act defined and punished as a
crime or offense under the law, including violations of traffic laws,
rules and regulations, and ordinances of local government units. (a)
(q) Initial contact refers to the apprehension or taking into
custody of a child in conflict with the law by law enforcement officers
or private citizens. It includes the time 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) or Section 9(b) of the same Rule in cases that do not
8
require preliminary investigation, or where there is no necessity to
place the child alleged to be in conflict with the law under immediate
custody. (n)
(r) Intake report is the initial written report containing the
personal and other circumstances of the child in conflict with the law
prepared by the social worker assigned to assist the child entering the
justice system.
(s) Intervention programs refer to a series of individualized
treatment activities or programs designed to address issues that caused
the child to commit an offense. These may include counseling, skills
training, education, and other activities that are aimed to improve and
enhance the child's psychological, emotional and psycho-social wellbeing.
(n)
(t) Law Enforcement Officer refers to the person in authority
or an agent as defined in Article 152 of the Revised Penal Code,
including a barangay tanod. (n)
(u) Non-Serious Offense refers to an offense where the
imposable penalty for the crime committed is not more than six (6)
years imprisonment. (n)
(v) Probation is an alternative disposition, ordered by the
court, under which a child in conflict with the law is released after
9
conviction and sentence and permitted to remain at home or with an
appropriate custodian, subject to certain terms and conditions imposed
by the court.
(w) Recognizance is an undertaking in lieu of a bond, assumed
by a mother or father, or appropriate guardian or custodian, or in their
absence, the nearest relative, or any responsible member of the
community to assume custody of a child in conflict with the law and
be responsible for the appearance of the child in court whenever
required during the pendency of the case. (a)
(x) Segregation refers to the procedure where, upon initial
contact with a child alleged to have committed an offense, the law
enforcer places the child in a separate and different area from adult
detention prisoners, and ensures that female children are separated
from male children. (n)
(y) Serious offense refers to an offense where the imposable
penalty for the offense committed exceeds six (6) years imprisonment.
(a)
(z) Status offenses refer to offenses that discriminate only
against a child, such as curfew violations, truancy, parental
disobedience and the like. (n)
(aa) Suspended sentence is the holding in abeyance of the
10
service of the sentence imposed by the court upon a finding of guilt of
the child in conflict with the law, whereby the child undergoes
rehabilitation within a fixed period under such terms and conditions as
may be ordered by the court. (n)
(bb) Victimless Crimes refer to offenses where there are no
private offended parties. (n)
(cc) Youth detention home refers to a 24-hour child-caring
institution managed by accredited local government units and licensed
and/or accredited non-government organizations providing short-term
residential care for children in conflict with the law and where the
child may be physically restricted by order of any judicial,
administrative or other public authority, and from which the child is
not permitted to leave at will, pending court disposition of the charge
or transfer to other agencies or jurisdiction. (a)
(dd) Youth rehabilitation center refers to a 24-hour residential
care facility managed by the Department of Social Welfare and
Development, local government units, licensed and/or accredited nongovernment
organizations monitored by the Department of Social
Welfare and Development. The Center provides care, treatment and
rehabilitation services for children in conflict with the law under a
structured therapeutic environment through the guidance of a trained
11
staff, where the physical mobility of the children may be restricted
pending court disposition of their cases. (a)
Section 5. Determination of Age. – The child in conflict with the
law shall enjoy the presumption of minority and shall enjoy all the
rights of a child in conflict with the law until proven to be eighteen
years old or older at the time of the commission of the offense. The
age of the child shall be determined according to the following rules:
(1) The best evidence to prove the age of a child is an original
or certified true copy of the certificate of live birth;
(2) In the absence of a certificate of live birth, similar authentic
documents such as baptismal certificates and school records or any
pertinent document that shows the date of birth of the child;
(3) In the absence of the documents under paragraphs 1 and 2
of this section due to loss, destruction or unavailability, the testimony
of the child, the testimony of a member of the family related to the
child by affinity or consanguinity who is qualified to testify on matters
respecting pedigree such as the exact age or date of birth of the child
pursuant to Sec. 40, Rule 130 of the Rules on Evidence, the
testimonies of other persons, the physical appearance of the child and
other relevant evidence, shall suffice.
12
Section 6. Burden of Proof of Age. – Any person alleging the age
of the child in conflict with the law has the burden of proving the age
of such child.
If the age of the child is contested prior to the filing of the
information in court, a case for determination of age under summary
proceeding may be filed before a court which shall render its decision
within 24 hours from receipt of the appropriate pleadings of all the
parties. (n)
In all cases involving a child, the court shall make a categorical
finding as to the age of the child.
Section 7. Exemption from Criminal Liability. – A child fifteen
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 as provided for in Republic Act
No. 9344 when consented to by the child and the parents. (a)
Exemption from criminal liability does not include exemption
from civil liability which shall be enforced in accordance with the
provisions of Article 221 of the Family Code in relation to Article 101
of the Revised Penal Code and Rule 111 of the Revised Rules of
13
Criminal Procedure. If the act or omission of the child involves a
quasi-delict, Article 2180 of the Civil Code shall apply.
Section 8. Procedure for Handling Children Exempted from
Criminal Liability. – If it is determined at the initial contact that the
child is 15 years of age or below, the procedure provided in Section
20, Republic Act No. 9344 shall be observed as follows:
(a) The authority who had the initial contact with the child
shall immediately release the child to the custody of the mother or
father, or the appropriate guardian or custodian, or in their absence,
the nearest relative.
(b) The authority shall immediately notify the local social
welfare and development officer of the taking of the child into
custody.
(c) The local social welfare and development officer shall,
with the consent of the child and the person having custody over the
child, determine the appropriate intervention programs for the child.
(d) If the child's 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 registered nongovernmental or
religious organization; a barangay official or a member of the
14
Barangay Council for the Protection of Children; a local social welfare
and development officer; or, when and where appropriate, the
Department of Social Welfare and Development.
(e) If the child has been found by the local social welfare and
development office to be abandoned, neglected or abused by the
parents, or if the parents and the child do not consent to or do not
comply with the prevention program, the Department of Social
Welfare and Development or the Local Social Welfare and
Development Office shall file before the court a petition for
involuntary commitment pursuant to Presidential Decree No. 603,
otherwise known as “The Child and Youth Welfare Code.” (a)
Section 9. Procedure for Children Not Exempted from Criminal
Liability. – A child fifteen (15) years and one (1) day old or above but
below eighteen (18) years of age at the time of the commission of the
offense shall, at the sound discretion of the court and subject to its
supervision, be released on recognizance to the care of the willing and
responsible mother or father, or appropriate guardian or custodian, or,
in their absence, the nearest relative. However, if the prosecution
determines that the child acted with discernment, the child shall be
proceeded against in accordance with Secs. 25 to 29 or, in case of
15
diversion, Secs. 31 to 38 of this Rule.
Section 10. Determination of Discernment. – Discernment is
preliminarily determined by a social worker and finally by the court in
the case of a child charged with a non-serious offense. In all other
cases, discernment is determined by the court.
The determination of discernment shall take into account the
ability of a child to understand the moral and psychological
components of criminal responsibility and the consequences of the
wrongful act; and whether a child can be held responsible for
essentially antisocial behavior.
Section 11. Duties of a Person in Authority Taking a Child into
Custody. –Any person taking into custody a child in conflict with the
law shall:
(a) Assign an alias to the child;
(b) Ensure that the blotter details containing the true name of
the child, if any, are modified, to reflect the alias by which the child
shall be known throughout the proceedings;
(c) Explain to the child in simple language and in a dialect that
can be understood the reason for placing the child under custody, and
16
the offense allegedly committed;
(d) Advise the child of his/her constitutional rights in a
language or dialect understandable to the child;
(e) Present proper identification to the child;
(f) Refrain from using vulgar or profane words and from
sexually harassing or abusing, or making sexual advances on the child;
(g) Avoid displaying or using any firearm, weapon, handcuffs
or other instrument of force or restraint, unless absolutely necessary
and only after all methods of control have been exhausted and have
failed;
(h) Avoid violence or unnecessary force and refrain from
subjecting the child to greater restraint than is necessary for
apprehension and custody;
(i) Ensure that a body search of the child is done only by a law
enforcement officer of the same gender as that of the child;
(j) Ensure expedited transfer of the child by immediately, or
not later than eight (8) hours after apprehension, turning over custody
of the child to the local social welfare and development office or other
accredited non-government organizations;
(k) Notify the child’s parents, guardians or custodians or in
their absence, the child’s nearest relative and the Public Attorney’s
17
Office of the child’s apprehension;
(l) Ensure that the child is not locked up in a jail or detention
cell during the investigation;
(m) Bring the child immediately to an available government
medical or health officer for a thorough physical and mental
examination;
(n) Ensure that should detention of the child in conflict with
the law be necessary, the segregation of the child be secured in
quarters separate from that of the opposite sex and adult offenders,
except where a child is taken into custody for reasons related to armed
conflict, either as combatant, courier, guide or spy, and families are
accommodated as family units in which case, the child shall not be
separated from the family;
(o) Record all the procedures undertaken in the initial
investigation including the following: whether handcuffs or other
instruments of restraint were used, and if so, the reason for such use;
that the parents or guardian of the child, the Department of Social
Welfare and Development, and the Public Attorney's Office were
informed of the taking into custody of the child and the details thereof;
the measures that were undertaken to determine the age of the child,
and the precise details of the physical and medical examination or in
18
case of failure to submit a child to such examination, the reason
therefor; and
(p) Ensure that all statements signed by the child during the
investigation are witnessed and signed by the child’s parents or
guardian, social worker or legal counsel in attendance. (n)
Section 12. Rights of a Child Under Custody. – At the custodial
investigation, a child who has been taken into custody shall have the
following rights:
(a) At the police station, to be immediately assisted by a
lawyer and a social worker who shall make sure that the child is
effectively informed of his/her rights, as far as the child's maturity and
discernment allow;
(b) To demand that the questioning or interrogation take place
in conditions that respect the rights of the child and are compliant with
child-sensitive procedural rules;
(c) To have the child’s family located and notified with
dispatch;
(d) To be informed, together with the parents, guardians or
custodians or nearest relatives, by the social welfare and development
officer of the local government unit or of the Department of Social
19
Welfare and Development of the consequences of the offense alleged
to have been committed with a view towards counseling and
rehabilitation, diversion from criminal justice system and reparation if
appropriate;
(e) To have the results of the child’s medical and dental
examination kept confidential unless otherwise ordered by the court.
Whenever medical treatment for any physical or mental defect is
necessary, to demand that steps must be immediately taken by the
medical officer to provide the child with the necessary and proper
treatment;
(f) To have the right of privacy respected and protected at all
times, including the utilization of all measures necessary to promote
this right, including the exclusion of the media; and
(g) While under investigation, not to be fingerprinted or
photographed in a humiliating and degrading manner.
Section 13. Taking Custody of a Child Without a Warrant. – The
law enforcement officer or a private person taking into custody a child
in conflict with the law without a warrant shall observe the provisions
in Sections 5, 8 and 9 of Rule 113 of the Revised Rules of Criminal
Procedure and shall forthwith deliver the child to the nearest police
20
station. The child shall be proceeded against in accordance with
Section 7 of Rule 112 of the Rules of Criminal Procedure.
Section 14. Conduct of Initial Investigation by the Police. – The
police officer conducting the initial investigation of a child in conflict
with the law shall do so in the presence of either or both of the parents,
guardian or custodian, or in their absence, the nearest relative of the
child, the child’s counsel of choice, or a lawyer from the Public
Attorney's Office, and the local social welfare officer. A
representative of a non-government organization, religious group, or
member of the Barangay Council for the Protection of Children shall
be allowed to be present at the investigation in the absence of the
parents, guardian, relative, or social welfare officer. (a)
Section 15. Guidelines for Fingerprinting and Photographing of
the Child. – The following guidelines shall be observed when
fingerprinting or photographing the child:
(a) The child’s fingerprint and photograph files shall be kept
separate from those of adults and shall be kept confidential. They may
be inspected by law enforcement officers only when necessary for the
effective discharge of their duties and upon prior authority of the
21
court; and
(b) The fingerprints and photograph shall be removed from the
files and destroyed: (1) if the case against the child is not filed, or is
dismissed; or (2) when the child reaches twenty-one (21) years of age
and there is no record that the child committed an offense after
reaching eighteen (18) years of age.
Section 16. Intake Report by the Social Welfare Officer. – Upon
the taking into custody of a child in conflict with the law, the social
welfare officer assigned to the child shall immediately undertake a
preliminary background investigation of the child and, should a case
be filed in court, submit to the court the corresponding intake report
prior to the arraignment.
Section 17. Filing of Criminal Action. – A criminal action may
be instituted against a child in conflict with the law by filing a
complaint with the prosecutor.
All criminal actions commenced by complaint or information
shall be prosecuted under the direction and control of the public
prosecutor assigned to the court.
Petitions for confinement of a child drug dependent shall be filed
22
under Section 21 of the Rule on Children Charged under Republic Act
No. 9165. (n)
Section 18. Prosecution of Civil Action. – When a criminal
action is instituted against a child in conflict with the law, the action
for recovery of civil liability arising from the offense charged shall be
governed by Rule 111 of the Revised Rules of Criminal Procedure.
Section 19. Preliminary Investigation. – As far as consistent with
this Rule, the preliminary investigation of a child in conflict with the
law shall be governed by Section 3 of Rule 112 of the Revised Rules
of Criminal Procedure. A specially trained prosecutor shall be
assigned to conduct the inquest, preliminary investigation and
prosecution of the case involving a child in conflict with the law. The
child, on the other hand, shall be assisted by a private lawyer or if
none, a lawyer from the Public Attorney's Office. If there is an
allegation or evidence of torture or ill-treatment of a child in conflict
with the law during custody or detention, it shall be the duty of the
prosecutor to investigate the same. (n)
Section 20. Conduct of Preliminary Investigation. – Preliminary
23
investigation shall be conducted in the following instances: (a) when
the child in conflict with the law does not qualify for diversion; (b)
when the child, the parents or guardian do not agree to diversion as
provided in Sections 27 and 28 of Republic Act No. 9344; or (c)
when, after 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. (n)
At the preliminary investigation, should there arise a need for
clarificatory questions to be propounded on the child, the Rule on
Examination of a Child Witness shall apply.
Section 21. Filing of Information. – If the investigating
prosecutor finds probable cause to hold the child in conflict with the
law for trial, there being discernment, the corresponding Resolution
and Information shall be prepared for the approval by the provincial or
city prosecutor, as the case may be. The child and the mother or father,
or appropriate guardian or custodian, or in the absence thereof, the
nearest relative, and the child's private counsel or lawyer from the
Public Attorney’s Office shall be furnished forthwith a copy of the
approved resolution and the Information.
The Information shall be filed with the court within forty-five
24
(45) days from the start of the preliminary investigation. (n)
No Information shall be filed against a child for the commission
of the following:
a) status offenses;
(b) vagrancy and prostitution under Section 202 of the Revised
Penal Code;
(c) mendicancy under Presidential Decree No. 1563; and
(d) sniffing of rugby under Presidential Decree No. 1619.
Children taken into custody for the foregoing shall, with their
consent and that of their parents, guardian or custodian, instead
undergo appropriate counseling and treatment program. (n)
Section 22. Duties of the Clerk of Court Upon Receipt of
Information. – The Clerk of Court, upon receipt of the Information,
shall:
(1) Maintain a separate case docket or logbook for cases
involving children in conflict with the law. Whenever possible, the
Clerk of Court shall use color coding or other method to easily
distinguish the records of children in conflict with the law from the
other case records;
(2) Determine whether the offense charged qualifies for
25
diversion, that is, it is punishable by imprisonment of not more than
twelve (12) years, regardless of fine, or fine alone regardless of the
amount;
(3) If the crime charged is punishable by such imprisonment,
immediately assign a temporary case number in accordance with Sec.
23 of this Rule and raffle off the case to a court so that its Diversion
Committee can immediately undertake the appropriate action under
Section 33 of this Rule; and
(4) If the crime charged does not qualify for diversion because
it is punishable by imprisonment of more than twelve (12) years, the
case shall be assigned a regular criminal case docket number and
raffled off to a court for formal proceedings. (n)
Section 23. Docketing of the Case. – A case that qualifies for
diversion under paragraph 3 of the preceding Section shall not be
docketed as a regular criminal case but instead shall be assigned a
temporary case number as follows: CICL-(no.)___- (year)___-D
(which means diversion), before the same is raffled off to the
appropriate court.
Section 24. Venue. – Subject to the provisions of Section 15,
26
Rule 110 of the Revised Rules of Criminal Procedure, any criminal or
civil action involving a child in conflict with the law shall be instituted
and tried in the appropriate court nearest the place where the offense
was committed or where any of its essential elements occurred.
Section 25. Release of Children on Recognizance to the Parents,
Guardian, Custodian or Nearest Relative. – The release of a child
from custody during the pendency of the case involving a non-serious
offense as defined in Sec. 4 (u) of this Rule may be ordered by the
court only after a hearing for that purpose, and upon favorable
recommendation of the social worker assigned to the child, with the
conformity of the public prosecutor and the private complainant. The
child shall be released to the custody of a willing and responsible
mother or father, or appropriate guardian or custodian or in their
absence, the nearest relative, who shall be responsible for the child's
good behavior and appearance in court whenever required.
No child shall be ordered detained in jail pending trial or hearing
of the child's case, subject to the provisions of this Rule. (n)
Section 26. Commitment and Transfer to a Youth Rehabilitation
Center. – A child charged with a non-serious offense as defined in
27
Section 4 (u) of this Rule, unless released on bail or recognizance,
may be transferred to a youth detention home or rehabilitation center
or other appropriate facility such as the Department of Social Welfare
and Development which shall ensure the appearance of the child in
court.
In the absence of a youth detention home established by the local
government pursuant to Section 8 of the Family Courts Act, in the city
or municipality where the child resides or, a local rehabilitation center
recognized by the government in the province, city or municipality
within the jurisdiction of the court, or the Department of Social
Welfare and Development or other appropriate local rehabilitation
center, the youth shall be placed under the care of a provincial, city or
municipal jail which shall ensure the appearance of the child in court
when so required. (a)
Section 27. Bail as a Matter of Right. – All children in conflict
with the law shall be admitted to bail as a matter of right before final
conviction of an offense not punishable by reclusion perpetua or life
imprisonment.
Section 28. When Bail Not a Matter of Right. – No child charged
28
with an offense punishable by reclusion perpetua or life imprisonment
shall be admitted to bail when evidence of guilt is strong. In this case,
the court shall commit the child to a youth detention home or youth
rehabilitation center, or in the absence thereof, to the care of a
provincial, city or municipal jail as provided for in Section 27 of this
Rule, which shall be responsible for the appearance of the child in
court whenever required.
Section 29. Care of Child in Youth Detention Homes or
Rehabilitation Centers. – The child in conflict with the law who has
been transferred to a youth rehabilitation center or youth detention
home shall be provided with a healthy environment. If the child is
placed under the care of the provincial, city or municipal jail, the child
shall be provided with adequate quarters separate from adults and
prisoners of the opposite sex depending on the age, sex, sexual
lifestyle, and such other circumstances and needs of the child.
Section 30. Case Study Report. – After the institution of the
criminal action, the social worker assigned to the child shall
immediately undertake a social case inquiry of the child and the child's
family, the child's environment and such other matters relevant to aid
29
the court in the proper disposition of the case. The report shall be
submitted to the court preferably before arraignment. If not available
at that time, the Report must be submitted to the court as soon as
possible.
Section 31. Diversion Committee. – In each court, there shall be
organized a Diversion Committee composed of its Branch Clerk of
Court as chairperson; the prosecutor, a lawyer of the Public Attorney's
Office assigned to the court, and the social worker assigned by the
court to the child, as members
Section 32. Proceedings Before Arraignment. – The Diversion
Committee shall determine if the child can be diverted and referred to
alternative measures or services. Subject to pertinent provisions of this
Rule and pending determination of diversion by the Committee, the
court shall release the child on recognizance to the parents, guardian
or custodian, or nearest relative; or if this is not advisable, commit the
child to an appropriate youth detention home or youth rehabilitation
center which shall be responsible for the presence of the child during
the diversion proceedings.
If the Diversion Committee determines that diversion is not
30
proper, or when the child or the private complainant objects to the
diversion, or when there is failure of the diversion program if
undertaken by the child, it shall submit a report to the court
recommending that the case be subjected to formal criminal
proceedings. The court in turn shall direct the transmittal of the
records of the case to the Office of the Clerk of Court for the
assignment of a regular criminal docket number to the case as follows:
CICL Crim. Case No.___-____(year). The Office of the Clerk of
Court shall thereafter return the case to the court for arraignment and
formal proceedings.
Section 33. Proceedings Before the Diversion Committee. –
Upon receipt by the Committee of a case for diversion from the Office
of the Clerk of Court, the chairperson shall call for a conference with
notice to the child, the mother or father, or appropriate guardian or
custodian, or in their absence, the nearest relative, the child’s counsel,
and the private complainant and counsel, to determine if the child can
be diverted to the community continuum instead of formal court
proceedings.
In determining whether diversion is appropriate for the child, the
Committee shall consider the following factors:
31
(a) The past records, if any, involving the child in conflict with
the law;
(b) The likelihood that the child will be an obvious threat to
himself/herself and the community;
(c) Whether the child has feelings of remorse for the offense
committed;
(d) If the child or the parents are indifferent or hostile; and
whether the parents or guardians have the ability to properly guide and
supervise the child;
(e) The nature of the child’s relationships with peers and
whether this will increase the possibility of delinquent behavior; and
(f) If community-based programs for the rehabilitation and
reintegration of the child are available.
If the Committee finds that diversion is appropriate, it shall
design a diversion program in accordance with Section 34 of this Rule
for the consideration and approval of the court.
Should the Committee determine that diversion is not
appropriate, it shall make the corresponding report and
recommendation in accordance with Section 31 of this Rule.
The Committee cannot recommend diversion in case the child or
the private complainant objects.
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Section 34. Diversion Programs. – The Committee shall design a
diversion program taking into consideration the individual
characteristics and peculiar circumstances of the child in conflict with
the law. The program shall be for a specific and definite period and
may include any or a combination of the following:
(a) Written or oral reprimand or citation;
(b) Written or oral apology;
(c) Payment of the damage caused;
(d) Payment of fine;
(e) Payment of the cost of the proceedings;
(f) Return of the property;
(g) Guidance and supervision orders;
(h) Counseling for the child and his family;
(i) Training, seminars and lectures on (i) anger management
skills; (ii) problem-solving and/or conflict resolution skills; (iii) values
formation; and (iv) other skills that will aid the child to properly deal
with situations that can lead to a repetition of the offense;
(j) Participation in available community-based programs;
(k) Work-detail program in the community; or
(l) Institutional care and custody.
33
The Committee shall also include in the program a plan that will
secure satisfaction of the civil liability of the child in accordance with
Sec. 2180 of the Civil Code. Inability to satisfy the civil liability shall
not by itself be a ground to discontinue the diversion program of the
child. On the other hand, consent to diversion by the child or payment
of civil indemnity shall not in any way be construed as admission of
guilt and used as evidence against the child in the event that the case is
later on returned to the court for arraignment and conduct of formal
proceedings.
Section 35. Hearing of Diversion Program. – The court shall set
the Committee's diversion report and recommendation for hearing
with notice to all parties, their counsel and members of the Committee
within ten (10) days from receipt of such report.
The court shall act on the recommendation within five (5) days
from the termination of the hearing.
Section 36. Undertaking. – In all cases where a child in conflict
with the law is granted diversion by the court, the child, together with
the mother or father, or appropriate guardian or custodian, or in their
absence, the nearest relative, and the child’s counsel shall sign an
undertaking to comply with their respective duties and obligations
34
under the terms and conditions of the diversion program. The
program, which shall contain the express agreement by complainant
assisted by counsel to the diversion of the child, shall be approved by
and enforced under the supervision and control of the court. It shall
contain the following minimum principal terms and conditions:
(a) The child shall appear before the social worker assigned to
the child by the Court that approved the diversion program at least
once a month for evaluation of its effectiveness.
(b) The child shall faithfully comply with the terms and
conditions of the program. Should the child fail to do so, the
Committee shall report such failure to the court which shall set a
show-cause hearing with notice to the child and private complainant.
The court shall thereafter determine whether to allow the child to
continue with the diversion program, or to end the same and direct that
the case now undergo a formal proceeding.
(c) Should the child be permitted by the court to reside in a
place under the jurisdiction of another court, control and supervision
over such child shall be transferred to the appropriate court of that
place. The diversion records of the case such as the minutes of the
diversion proceedings, copy of the undertaking, the intake and case
study reports and all other pertinent documents shall be transmitted to
35
the court to which jurisdiction over the diverted child has been
transferred.
Section 37. Report of Social Worker. – The court social worker
shall conduct regular monthly visits to the child undergoing diversion
proceedings and shall submit the corresponding reports about the
status of the diverted child to the Committee. At any time before or at
the end of the diversion period, the Committee shall file with the court
a report recommending termination or extension of diversion, as the
case may be. The report and recommendation shall be heard by the
court within fifteen (15) days from receipt, with notice to the members
of the Committee, the child, the mother or father, or the appropriate
guardian or custodian, or in the absence thereof, the nearest relative,
the child’s counsel, and the complainant and counsel.
The court shall thereafter determine whether the diversion
program has been fully and satisfactorily complied with.
Section 38. Closure Order. – On the basis of the report and
recommendation of the Committee, the court may:
(a) Issue a closure order terminating the case if it is convinced
that the child has complied satisfactorily with the diversion program;
36
or
(b) Extend the period of diversion if it is convinced that the
child may still be rehabilitated; or
(c) Order the case to undergo formal court proceedings if it
finds that the child has not complied with the diversion program, is
incorrigible, or that the program is not serving its purpose.
In case of a judicially-approved transfer of residence of the child
in conflict with the law, the court to which supervision of the
diversion program was transferred shall make the proper finding. If it
finds that diversion has been successful, it shall order the closure of
the case. However, if it determines that diversion has failed, it shall
return the case to the original court for formal criminal proceedings.
Section 39. Rights of the Child in Conflict with the Law. – In all
criminal proceedings, the child in conflict with the law shall have the
following rights which shall be respected and protected by the court:
(a) To be presumed innocent until guilt is proved beyond
reasonable doubt;
(b) To be informed promptly and directly of the nature and
cause of the charge and if appropriate, through the child’s mother,
father, legal guardian, or appropriate custodian;
37
(c) To be present at every stage of the proceedings, from
arraignment to promulgation of judgment. The child may, however,
waive presence at the trial pursuant to the stipulations set forth in the
bail bond, unless presence at the trial is specifically ordered by the
court for purposes of identification. The absence of the child without
justifiable cause at the trial of which there was due notice shall be
considered a waiver of the right of the child to be present. Escape by
the child under custody shall be deemed a waiver of the right to be
present in all subsequent hearings until custody over such child is
regained;
(d) To have legal and other appropriate assistance in the
preparation and presentation of the child's defense; in case of a child
arrested for reasons related to armed conflict, to have immediate free
legal assistance;
(e) If detained, to be released (i) on recognizance to the willing
and responsible mother or father or appropriate guardian or custodian,
or in the absence thereof, the nearest relative; (ii) on bail; or (iii) by
commitment to a youth detention home or youth rehabilitation center;
(f) Not to be detained in a jail or transferred to an adult facility
pending trial or hearing of the case, unless detention is used as a last
resort which must be done for the shortest time possible, and only
38
upon order by the court;
(g) In case the child has been arrested for reasons related to
armed conflict, either as combatant, courier, guide or spy:
(i) To be segregated and have separate detention
quarters from adults except where families are
accommodated as family units;
(ii) To immediate free legal assistance in the
absence of private counsel;
(iii) To immediate notice of such arrest to the
parents, guardians or custodians or nearest relatives of the
child; and,
(iv) To be released on recognizance within twentyfour
(24) hours to the custody of the Department of Social
Welfare and Development or any responsible member of
the community as determined by the court.
(h) To testify as a witness in his/her own behalf; and subject to
cross-examination only on matters covered by direct examination. The
child shall not be compelled to be a witness against himself/herself
and the child’s silence shall not in any manner prejudice him/her;
(i) To confront and cross-examine the witnesses against
him/her;
39
(j) To have compulsory process issued to secure the
attendance of witnesses and production of other evidence in the child’s
behalf;
(k) To have speedy and impartial trial, with legal or other
appropriate assistance and preferably in the presence of the child’s
parents or legal guardian or custodian, unless such presence is
considered not to be in the best interest of the child taking into account
the latter’s age or other peculiar circumstances;
(l) To be accorded all the rights under the Rule on
Examination of a Child Witness;
(m) To have the child’s privacy fully protected in all stages of
the proceedings; and
(n) To appeal in all cases allowed and in the manner prescribed
by law.
Section 40. Rights of Victims of Offenses Committed by Children
in Conflict with the Law. – In any case involving a child in conflict
with the law, the victim has the following rights:
(1) To be reasonably protected from the child in conflict with
the law;
(2) To timely notice of any public proceeding, or any parole
40
proceeding involving the crime or of any release or escape of the child
in conflict with the law;
(3) Not to be excluded from any public proceeding, unless the
court, after receiving clear and convincing evidence, determines that
the testimony by the victim would be materially altered if the victim
heard other testimony in that proceeding;
(4) To be reasonably heard at any administrative or public
proceeding involving diversion, release, plea, suspension of sentence
and determination of disposition measures, or any parole proceeding;
(5) To confer with the prosecutor in the case;
(6) To avail of legal assistance from the Public Attorney's
Office, Integrated Bar of the Philippines. any other legal aid office or
any law practitioner;
(7) To be informed of the availability of compensation from
the Department of Justice Board of Claims in accordance with the
provisions of Rep. Act No. 7309 (1992);
(8) To be entitled to support services from the Department of
Social Welfare and Development and local government units;
(9) To be entitled to all legal remedies and support as provided
for under the Family Code;
(10) To be informed of the rights and the services available to
41
victims of offenses including the right to apply for a protection order;
(11) To full and timely restitution as provided in law;
(12) To proceedings that are free from unreasonable delay; and
(13) To be treated with fairness and with respect for the victim’s
dignity and privacy.
Section 41. Responsibilities of the Court. – For the protection of
the rights of the child in conflict with the law, the court shall have the
following responsibilities:
(1) To monitor the status of a child whose case is pending in
its court placed in a youth detention center or other institution during
the pendency of the child's case;
(2) To receive and investigate complaints concerning
violations of the rights of the child whose case is pending in its court;
(3) To require all professionals working for the welfare of the
child, such as barangay captains, teachers, social workers, medical
professionals, and law enforcers, to render regular monthly reports to
the court;
(4) To order access to adequate services for rehabilitation,
counseling and other forms of reintegration for the child:
(5) To ensure that the child who is capable of forming his or
42
her own views has the right to express those views freely in all matters
affecting the child, and that such views be accorded due weight in
accordance with the developmental age and maturity of the child;
(6) To ensure that the child, either directly or through a
representative, is provided the opportunity to be heard in all
proceedings affecting such child;
(7) To ensure communication at all times between the judge
and the child;
(8) To ensure that the child sits with close family members of
the child’s choice during the court proceedings;
(9) To ensure that the child can communicate freely with
counsel at all times;
(10) To ensure that the child is informed in age-appropriate
language of all stages of the judicial proceeding affecting such child;
(11) To ensure that a child placed in a Youth Detention Home
or Youth Rehabilitation Center or in any child facility be given
appropriate medical examination in order to determine and put on
record any evidence of ill-treatment; to identify any physical or mental
condition requiring medical attention; and thereafter make sure that
child is provided adequate treatment and medical attention;
(12) To ensure that the child is informed as soon as possible of
43
the death, serious illness or injury of any immediate family member
and be allowed to visit the ill family member or attend the funeral,
when appropriate and advisable;
(13) To ensure that if a child dies during the pendency of the
case or within six (6) months of release, an independent inquiry is
conducted on the circumstances of the death and a report thereof,
including the child's death certificate, be made available to the child’s
mother or father, guardian, custodian or nearest relative;
(14) When appropriate and advisable, to allow the child to
temporarily leave the detention home or rehabilitation center by
means of an “out-on-pass” order to attend special family occasions
such as Christmas and New Year celebrations. The “out-on-pass”
order shall contain reasonable restrictions to ensure safety, security
and timely return to detention as may be determined by the court;
(15) To allow at all times, and from the moment of initial
contact, any member of the family or the guardian of the child to visit
with the child, unless prejudicial to the latter's best interests;
(16) To allow the appointment of a Guardian Ad Litem if
available and advisable, to enable the child to raise concerns and
complaints without fear of retribution; and
(17) To undertake all other appropriate measures to ensure the
44
promotion of the best interest of the child and the child's eventual
reintegration in society.
Section 42. Determination of the Best Interests of the Child. –
The following factors may be considered in determining the best
interests of a child in conflict with the law: the child's age and sex, the
child's mental and physical health, the mental and physical health of
the parents, their lifestyle and other social factors; the emotional ties
between the parents and the child, the ability of the parents to provide
the child with food, shelter, clothing and medical care; the established
living pattern for the child concerning school, home, community and
religious institution, quality of schooling, the existence of other
relatives who may be in a better position to be with the child and the
child's relationship with these relatives; the child's background,
maturity and level of understanding, sexual orientation, lifestyle and
any other characteristics and needs of the child that the court may
deem relevant.
Section 43. Arraignment and Plea. – The provisions of Rules
116 and 117 of the Revised Rules of Criminal Procedure shall apply to
the arraignment of the child in conflict with the law. The arraignment
45
shall be scheduled within three (3) days from the date of receipt of the
complaint or information by the court, unless a shorter period is
provided for by law.
In case the child is not assisted by a private counsel, the court
shall immediately appoint its Public Attorney as the child’s counsel de
oficio.
Arraignment shall be held in chambers and conducted by the
judge by furnishing the child and counsel a copy of the complaint or
Information, reading the same in a language or dialect known to and
understood by the child, explaining the nature and consequences of a
plea of guilty or not guilty and asking the child's plea.
Section 44. Pre-trial. – The provisions of Rule 118 of the
Revised Rules of Criminal Procedure shall govern the pre-trial of the
child in conflict with the law. Agreements or admissions made during
the pre-trial conference shall be in writing and signed by the child, the
mother, father or duly appointed guardian, and counsel; otherwise, the
agreements or admissions shall not be admissible against the child.
Whenever possible and practicable, the court shall explore all
possibilities of settlement of the case, except its criminal aspect. Plea
bargaining shall be resorted to only as a last measure when it shall
46
serve the best interest of the child and the demands of truth and
restorative justice.
Section 45. Trial. – All hearings shall be conducted in a manner
conducive to the best interest of the child and in an environment that
will allow the child to participate fully and freely in accordance with
the Rule on Examination of a Child Witness.
Section 46. Guiding Principles in Judging the Child. – Subject to
the provisions of the Revised Penal Code, as amended, and other
special laws, the judgment against a child in conflict with the law shall
be guided by the following principles:
(1) The judgment shall be in proportion to the gravity of the
offense, and shall consider the circumstances and the best interest of
the child, the rights of the victim, and the needs of society in line with
the demands of balanced and restorative justice.
(2) Restrictions on the personal liberty of the child shall be
limited to the minimum. Where discretion is given by law to the judge
to determine whether the penalty to be imposed is fine or
imprisonment, the imposition of the fine should be preferred as the
more appropriate penalty.
47
(3) No corporal punishment shall be imposed.
(4) In case of the presence of any exculpatory evidence or
doubt in the prosecution’s evidence, the doubt shall be resolved in
favor of the child.
Section 47. Promulgation of Sentence. – If, after trial, the court
should find the child in conflict with the law guilty beyond reasonable
doubt of the offense charged, it shall impose the proper penalty,
including any civil liability which the child may have incurred, and
promulgate the sentence in accordance with Section 6, Rule 120 of the
Revised Rules of Criminal Procedure.
Section 48. Automatic Suspension of Sentence and Disposition
Orders. – If the child is found guilty of the offense charged, the court,
instead of executing the judgment of conviction, shall place the child
in conflict with the law under suspended sentence, without need of
application. Suspension of sentence can be availed of even if the child
is already eighteen years (18) of age or more but not above twenty-one
(21) years old, at the time of the pronouncement of guilt, without
prejudice to the child’s availing of other benefits such as probation, if
qualified, or adjustment of penalty, in the interest of justice.
48
The benefits of suspended sentence shall not apply to a child in
conflict with the law who has once enjoyed suspension of sentence,
but shall nonetheless apply to one who is convicted of an offense
punishable by reclusion perpetua or life imprisonment pursuant to the
provisions of Rep. Act No. 9346 prohibiting the imposition of the
death penalty and in lieu thereof, reclusion perpetua, and after
application of the privileged mitigating circumstance of minority.
If the child in conflict with the law reaches eighteen (18) years of
age while under suspended sentence, the court shall determine whether
to discharge the child in accordance with the provisions of Republic
Act No. 9344, or to extend the suspended sentence for a maximum
period of up to the time the child reaches twenty-one (21) years of
age, or to order service of sentence.
Section 49. Disposition Conference. – In case of suspended
sentence, the court shall set the case for disposition conference within
fifteen (15) days from the promulgation of sentence with notice to the
social worker of the court, the child and the parents or guardian ad
litem of the child and the child's counsel, the victim and counsel. At
the conference, the court shall proceed to determine and issue any or a
combination of the following disposition measures best suited to the
49
rehabilitation and welfare of the child:
(1) Care, guidance, and supervision orders;
(2) Community service orders;
(3) Drug and alcohol treatment;
(4) Participation in group counseling and similar activities;
and
(5) Commitment to the Youth Rehabilitation Center of the
Department of Social Welfare and Development or other centers for
children in conflict with the law authorized by the Secretary of the
Department of Social Welfare and Development.
Section 50. Compliance with Disposition Measures. – The social
worker assigned to the child shall monitor the compliance by the child
in conflict with the law with the disposition measures and shall submit
regularly to the court a status and progress report on the matter. The
court may set a conference for the evaluation of such report in the
presence, if practicable, of the child, the parents or guardian, counsel
and other persons whose presence may be deemed necessary.
Section 51. Discharge of Child Subject of Disposition Measure.
– Upon the recommendation of the social worker assigned to the child,
50
the court shall, after due notice to all parties and hearing, dismiss the
case against the child who has been issued disposition measures, even
before reaching eighteen (18) years of age, and order a final discharge
if it finds that the child has been rehabilitated and has shown the
capability to be a useful member of the community.
If the court finds that the child (a) is incorrigible; or (b) has not
shown the capability of becoming a useful member of society; or (c)
has willfully failed to comply with the conditions of the disposition or
rehabilitation program; (d) or the child's continued stay in the training
institution is not in the child’s best interest, the child shall be brought
before the court for execution of the judgment.
The final release of the child shall not extinguish the civil
liability. The parents and other persons exercising parental authority
over the child shall be civilly liable for the injuries and damages
caused by the acts or omissions of the child living in their company
and under the parental authority subject to the appropriate defenses
provided by law.
Section 52. 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
51
on probation if qualified, in lieu of service of sentence taking into
account the best interest of the child.
Section 53. Credit in Service of Sentence. – The child in conflict
with the law who has undergone preventive imprisonment shall be
credited in the service of the sentence consisting of deprivation of
liberty, with the full time during which the child has undergone
preventive imprisonment, if the child agrees voluntarily in writing to
abide by the same or similar disciplinary rules imposed upon
convicted prisoners, except in any of the following cases:
(1) When the child is a recidivist or has been convicted twice
or more times of any crime; or
(2) When upon being summoned for execution of sentence, the
child failed to surrender voluntarily.
A child who does not agree to the same disciplinary rules
imposed upon convicted prisoners shall be credited in the service of
the sentence with four-fifths of the time during which the child has
undergone preventive imprisonment.
Whenever the child has undergone preventive imprisonment for
a period equal to or more than the possible maximum imprisonment of
the offense charged to which the child may be sentenced and the case
52
is not yet terminated, the child shall be released immediately without
prejudice to the continuation of any on-going intervention program,
and the trial thereof or the proceeding on appeal, if the same is under
review. In case the maximum penalty to which the child may be
sentenced is destierro, the child shall be released after thirty (30) days
of preventive imprisonment.
Any form of physical restraint imposed on the child in conflict
with the law, including community service and commitment to a
rehabilitation center, shall be considered preventive imprisonment.
Section 54. Confidentiality of Proceedings and Record. – All
proceedings and records involving children in conflict with the law
from initial contact until final disposition of the case by the court shall
be considered privileged and confidential. The public may be excluded
from the proceedings and pursuant to the provisions of Section 31 of
the Rule on Examination of a Child Witness, the records shall not be
disclosed directly or indirectly to anyone by any of the parties or the
participants in the proceedings for any purpose whatsoever, except to
determine if the child may have the sentence suspended under Section
38 of this Rule or if the child may be granted probation under the
Probation Law, or to enforce the civil liability imposed in the criminal
53
action.
The court shall employ other measures to protect confidentiality
of proceedings including non-disclosure of records to the media, the
maintenance of a separate police blotter for cases involving children in
conflict with the law and the adoption of a system of coding to conceal
material information, which will lead to the child’s identity. The
records of children in conflict with the law shall not be used in
subsequent proceedings or cases involving the same offender as an
adult.
Section 55. Non-liability for Perjury or Concealment or
Misrepresentation. – Any person who has been in conflict with the
law as a child shall not be held guilty of perjury or of concealment or
misrepresentation by reason of failure to acknowledge the case or
recite any fact related thereto in response to any inquiry.
Section 56. Sealing of Records. – The court, motu proprio or on
application of a person who has been adjudged a child in conflict with
the law, or if still a minor, on motion of the parents or legal guardian,
shall, upon notice to the prosecution and after hearing, order the
sealing of the records of the case if it finds that two (2) years have
54
elapsed since the final discharge of the child after suspension of
sentence or probation, or from the date of the closure order and the
child has no pending case of an offense or a crime involving moral
turpitude.
Upon entry of the order, the case shall be treated as if it never
occurred. All index references shall be deleted and in case of inquiry,
the court, prosecution, law enforcement officers and all other offices
and agencies that dealt with the case shall reply that no record exists
with respect to the child concerned. Copies of the order shall be sent to
these officials and agencies named in the order. Inspection of the
sealed records thereafter may be permitted only by order of the court
upon petition of the child who is the subject of the records or of other
proper parties.
This procedure shall be without prejudice to the rule on
destruction of video or audio tapes under Section 31 of the Rule on the
Examination of a Child Witness.
Section 57. Prohibition of Labeling. – In the conduct of
proceedings from initial contact with the child in conflict with the law
to the final disposition of the case, there shall be no branding or
labeling of the child as a young criminal, juvenile delinquent,
55
prostitute, vagrant, or attaching to the child in any manner any
derogatory description or name. Likewise, no discriminatory
statements, conduct and practices shall be allowed, particularly with
respect to the child’s social or economic status, physical or mental
disability or ethnic origin.
Section 58. Contempt Powers. – A person who directly or
indirectly disobeys any order of the court or obstructs or interferes
with its proceedings or the enforcement of its orders issued under this
Rule shall be liable for contempt of court.
Section 59. Effectivity. – This Rule as revised shall take effect on
December 1, 2009 after its publication in two (2) newspapers of
general circulation not later than November 27, 2009.
criminal cases involving children in conflict with the law.
A child in conflict with the law is a person who at the time of the
commission of the offense is below eighteen years old but not less
than fifteen (15) years and one (1) day old.
This Rule shall not apply to a person who at the time of the
initial contact as defined in Sec. 4(q) of this Rule shall have reached
the age of eighteen (18) in which case, the regular rules on criminal
procedure shall apply without prejudice to the rights granted under
Secs. 53, 54, 55 and 56 of this Rule.
Section 2. Objective. – The objective of this Rule is to ensure
that the justice system treats every child in conflict with the law in a
manner that recognizes and upholds human dignity and worth, and
instills in the child respect for the fundamental rights and freedom of
others. The Rule considers the developmental age of the child and the
desirability of the child's reintegration in and assumption of a
constructive role in society in accordance with the principles of
balanced and restorative justice.
To attain this objective, the Rule seeks:
(a) To provide child-appropriate proceedings, including
programs and services for crime prevention, diversion, rehabilitation,
re-integration and aftercare to ensure the normal growth and
development of the child in conflict with the law;
(b) To provide procedural rules dealing with children in
conflict with the law that take into account their distinct
circumstances, assure all parties of a fair hearing with each party's
constitutional and statutory rights recognized and respected, and
ensure that appropriate disposition measures are implemented by law
enforcers, social services and the courts;
(c) To divert from the formal justice system children in
conflict with the law who can be cared for or placed under community
continuum alternative programs of treatment, training and
rehabilitation in conformity with the principles of balanced and
restorative justice;
(d) To deal with the child in a family environment whenever
possible, and to separate the child from the parents only when
necessary for the child's welfare or in the interest of public safety;
(e) To remove from children in conflict with the law the
stigma of criminality and criminal behavior;
(f) To promote, facilitate and implement in administrative and
judicial proceedings respect for the views of the child;
(g) To provide for the care, protection and wholesome moral,
mental, and physical development of children in conflict with the law;
and
(h) To promote and protect the rights and interest of children
as zones of peace in situations of armed conflict, but who are alleged
to be in conflict with the law. (a)
Section 3. Interpretation. – This Rule shall be interpreted
liberally to promote the best interest of the child in conformity with
Philippine laws, the United Nations' Convention on the Rights of the
Child and relevant international treaties and protocols.
Section 4. Definitions. – As used in this Rule,
(a) Age of criminal responsibility is the age when a child,
fifteen (15) years and one (1) day old or above but below eighteen
(18) years of age, commits an offense with discernment.
(b) Bail refers to the security given for the release of the child
in custody of the law, furnished by the child, the child's parent,
guardian, or a bondsman, to guarantee the child's appearance before
any court. Bail may be posted in a form such as corporate security,
property bond or cash deposit.
(c) Balanced and Restorative Justice is a principle in juvenile
justice that requires a process of resolving conflicts with the
participation of the victim, the child in conflict with the law, and the
community. It seeks to obtain reparation for the victim; reconciliation
of the victim, the child in conflict with the law, and the community,
and the reassurance that the child in conflict with the law can be
reintegrated into society. It also enhances public safety by involving
the victim, the child in conflict with the law, and the community in
prevention strategies. (a)
(d) Best interest of the child refers to the totality of the
circumstances and conditions that 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) Case study report is a written report on the social case
inquiry conducted by the social worker of the local government unit or
the Department of Social Welfare and Development or by the social
worker designated by the court on the social, cultural, economic and
legal status or condition of the child in conflict with the law. It shall
include, among other matters, the child's developmental age;
educational attainment; family and social relationships; the quality of
the child's peer group; the strengths and weaknesses of the family;
parental control; the child's attitude towards the offense; the harm or
damage done to others resulting from the offense; record of prior
offenses, if any; and the attitude of the parents towards the child's
responsibility for the offense. The social worker shall also include an
initial determination of the child's discernment in the commission of
the offense. (a)
(f) Community continuum refers to the after-care of a child in
conflict with the law and is a community-based group therapy process
that provides continuous guidance and support to the child in conflict
with the law upon release from rehabilitation and subsequent
reintegration into society. Community continuum for the child
includes timely release, suitable residence, food, clothing, available
employment and sufficient means to facilitate successful reintegration
in society which shall be provided by the concerned local government
unit and other appropriate agencies. (n)
(g) Corporal punishment is any kind of physical punishment
inflicted on the body as distinguished from pecuniary punishment or
fine.
(h) Court refers to a designated family court or in places where
there are no designated family courts, any regional trial court hearing
family and youth cases. (a)
(i) Deprivation of Liberty refers to any form of detention or
imprisonment, or to the 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 except by order of any
judicial or administrative authority. (a)
(j) Discernment means the capacity of the child at the time of
the commission of the offense to understand the difference between
right and wrong and the consequences of the wrongful act.
(k) Disposition conference is a meeting held by the court with
the social worker who prepared the case study report, together with the
child in conflict with the law and the parents or guardian ad litem, and
the child's counsel for the purpose of determining the disposition
measures appropriate to the personal and special circumstances of the
child.
(l) Diversion refers to an alternative child-appropriate process
of determining the responsibility and treatment of a child in conflict
with the law on the basis of the child's social, cultural, economic,
psychological or educational background without resorting to formal
court adjudication.
(m) Diversion programs refer to programs the child in conflict
the law is required to undergo in lieu of formal court proceedings.
(n) Expedited Transfer of a Child is a process where a child
who commits an offense is immediately brought by the apprehending
officer or private individual to a social worker for preliminary
determination of discernment. (n)
(o) Guardian Ad Litem is a person appointed by the court to
protect the best interest of the child. (a)
(p) In conflict with the law means taken into custody, detained,
or charged with the commission of an act defined and punished as a
crime or offense under the law, including violations of traffic laws,
rules and regulations, and ordinances of local government units. (a)
(q) Initial contact refers to the apprehension or taking into
custody of a child in conflict with the law by law enforcement officers
or private citizens. It includes the time 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) or Section 9(b) of the same Rule in cases that do not
8
require preliminary investigation, or where there is no necessity to
place the child alleged to be in conflict with the law under immediate
custody. (n)
(r) Intake report is the initial written report containing the
personal and other circumstances of the child in conflict with the law
prepared by the social worker assigned to assist the child entering the
justice system.
(s) Intervention programs refer to a series of individualized
treatment activities or programs designed to address issues that caused
the child to commit an offense. These may include counseling, skills
training, education, and other activities that are aimed to improve and
enhance the child's psychological, emotional and psycho-social wellbeing.
(n)
(t) Law Enforcement Officer refers to the person in authority
or an agent as defined in Article 152 of the Revised Penal Code,
including a barangay tanod. (n)
(u) Non-Serious Offense refers to an offense where the
imposable penalty for the crime committed is not more than six (6)
years imprisonment. (n)
(v) Probation is an alternative disposition, ordered by the
court, under which a child in conflict with the law is released after
9
conviction and sentence and permitted to remain at home or with an
appropriate custodian, subject to certain terms and conditions imposed
by the court.
(w) Recognizance is an undertaking in lieu of a bond, assumed
by a mother or father, or appropriate guardian or custodian, or in their
absence, the nearest relative, or any responsible member of the
community to assume custody of a child in conflict with the law and
be responsible for the appearance of the child in court whenever
required during the pendency of the case. (a)
(x) Segregation refers to the procedure where, upon initial
contact with a child alleged to have committed an offense, the law
enforcer places the child in a separate and different area from adult
detention prisoners, and ensures that female children are separated
from male children. (n)
(y) Serious offense refers to an offense where the imposable
penalty for the offense committed exceeds six (6) years imprisonment.
(a)
(z) Status offenses refer to offenses that discriminate only
against a child, such as curfew violations, truancy, parental
disobedience and the like. (n)
(aa) Suspended sentence is the holding in abeyance of the
10
service of the sentence imposed by the court upon a finding of guilt of
the child in conflict with the law, whereby the child undergoes
rehabilitation within a fixed period under such terms and conditions as
may be ordered by the court. (n)
(bb) Victimless Crimes refer to offenses where there are no
private offended parties. (n)
(cc) Youth detention home refers to a 24-hour child-caring
institution managed by accredited local government units and licensed
and/or accredited non-government organizations providing short-term
residential care for children in conflict with the law and where the
child may be physically restricted by order of any judicial,
administrative or other public authority, and from which the child is
not permitted to leave at will, pending court disposition of the charge
or transfer to other agencies or jurisdiction. (a)
(dd) Youth rehabilitation center refers to a 24-hour residential
care facility managed by the Department of Social Welfare and
Development, local government units, licensed and/or accredited nongovernment
organizations monitored by the Department of Social
Welfare and Development. The Center provides care, treatment and
rehabilitation services for children in conflict with the law under a
structured therapeutic environment through the guidance of a trained
11
staff, where the physical mobility of the children may be restricted
pending court disposition of their cases. (a)
Section 5. Determination of Age. – The child in conflict with the
law shall enjoy the presumption of minority and shall enjoy all the
rights of a child in conflict with the law until proven to be eighteen
years old or older at the time of the commission of the offense. The
age of the child shall be determined according to the following rules:
(1) The best evidence to prove the age of a child is an original
or certified true copy of the certificate of live birth;
(2) In the absence of a certificate of live birth, similar authentic
documents such as baptismal certificates and school records or any
pertinent document that shows the date of birth of the child;
(3) In the absence of the documents under paragraphs 1 and 2
of this section due to loss, destruction or unavailability, the testimony
of the child, the testimony of a member of the family related to the
child by affinity or consanguinity who is qualified to testify on matters
respecting pedigree such as the exact age or date of birth of the child
pursuant to Sec. 40, Rule 130 of the Rules on Evidence, the
testimonies of other persons, the physical appearance of the child and
other relevant evidence, shall suffice.
12
Section 6. Burden of Proof of Age. – Any person alleging the age
of the child in conflict with the law has the burden of proving the age
of such child.
If the age of the child is contested prior to the filing of the
information in court, a case for determination of age under summary
proceeding may be filed before a court which shall render its decision
within 24 hours from receipt of the appropriate pleadings of all the
parties. (n)
In all cases involving a child, the court shall make a categorical
finding as to the age of the child.
Section 7. Exemption from Criminal Liability. – A child fifteen
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 as provided for in Republic Act
No. 9344 when consented to by the child and the parents. (a)
Exemption from criminal liability does not include exemption
from civil liability which shall be enforced in accordance with the
provisions of Article 221 of the Family Code in relation to Article 101
of the Revised Penal Code and Rule 111 of the Revised Rules of
13
Criminal Procedure. If the act or omission of the child involves a
quasi-delict, Article 2180 of the Civil Code shall apply.
Section 8. Procedure for Handling Children Exempted from
Criminal Liability. – If it is determined at the initial contact that the
child is 15 years of age or below, the procedure provided in Section
20, Republic Act No. 9344 shall be observed as follows:
(a) The authority who had the initial contact with the child
shall immediately release the child to the custody of the mother or
father, or the appropriate guardian or custodian, or in their absence,
the nearest relative.
(b) The authority shall immediately notify the local social
welfare and development officer of the taking of the child into
custody.
(c) The local social welfare and development officer shall,
with the consent of the child and the person having custody over the
child, determine the appropriate intervention programs for the child.
(d) If the child's 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 registered nongovernmental or
religious organization; a barangay official or a member of the
14
Barangay Council for the Protection of Children; a local social welfare
and development officer; or, when and where appropriate, the
Department of Social Welfare and Development.
(e) If the child has been found by the local social welfare and
development office to be abandoned, neglected or abused by the
parents, or if the parents and the child do not consent to or do not
comply with the prevention program, the Department of Social
Welfare and Development or the Local Social Welfare and
Development Office shall file before the court a petition for
involuntary commitment pursuant to Presidential Decree No. 603,
otherwise known as “The Child and Youth Welfare Code.” (a)
Section 9. Procedure for Children Not Exempted from Criminal
Liability. – A child fifteen (15) years and one (1) day old or above but
below eighteen (18) years of age at the time of the commission of the
offense shall, at the sound discretion of the court and subject to its
supervision, be released on recognizance to the care of the willing and
responsible mother or father, or appropriate guardian or custodian, or,
in their absence, the nearest relative. However, if the prosecution
determines that the child acted with discernment, the child shall be
proceeded against in accordance with Secs. 25 to 29 or, in case of
15
diversion, Secs. 31 to 38 of this Rule.
Section 10. Determination of Discernment. – Discernment is
preliminarily determined by a social worker and finally by the court in
the case of a child charged with a non-serious offense. In all other
cases, discernment is determined by the court.
The determination of discernment shall take into account the
ability of a child to understand the moral and psychological
components of criminal responsibility and the consequences of the
wrongful act; and whether a child can be held responsible for
essentially antisocial behavior.
Section 11. Duties of a Person in Authority Taking a Child into
Custody. –Any person taking into custody a child in conflict with the
law shall:
(a) Assign an alias to the child;
(b) Ensure that the blotter details containing the true name of
the child, if any, are modified, to reflect the alias by which the child
shall be known throughout the proceedings;
(c) Explain to the child in simple language and in a dialect that
can be understood the reason for placing the child under custody, and
16
the offense allegedly committed;
(d) Advise the child of his/her constitutional rights in a
language or dialect understandable to the child;
(e) Present proper identification to the child;
(f) Refrain from using vulgar or profane words and from
sexually harassing or abusing, or making sexual advances on the child;
(g) Avoid displaying or using any firearm, weapon, handcuffs
or other instrument of force or restraint, unless absolutely necessary
and only after all methods of control have been exhausted and have
failed;
(h) Avoid violence or unnecessary force and refrain from
subjecting the child to greater restraint than is necessary for
apprehension and custody;
(i) Ensure that a body search of the child is done only by a law
enforcement officer of the same gender as that of the child;
(j) Ensure expedited transfer of the child by immediately, or
not later than eight (8) hours after apprehension, turning over custody
of the child to the local social welfare and development office or other
accredited non-government organizations;
(k) Notify the child’s parents, guardians or custodians or in
their absence, the child’s nearest relative and the Public Attorney’s
17
Office of the child’s apprehension;
(l) Ensure that the child is not locked up in a jail or detention
cell during the investigation;
(m) Bring the child immediately to an available government
medical or health officer for a thorough physical and mental
examination;
(n) Ensure that should detention of the child in conflict with
the law be necessary, the segregation of the child be secured in
quarters separate from that of the opposite sex and adult offenders,
except where a child is taken into custody for reasons related to armed
conflict, either as combatant, courier, guide or spy, and families are
accommodated as family units in which case, the child shall not be
separated from the family;
(o) Record all the procedures undertaken in the initial
investigation including the following: whether handcuffs or other
instruments of restraint were used, and if so, the reason for such use;
that the parents or guardian of the child, the Department of Social
Welfare and Development, and the Public Attorney's Office were
informed of the taking into custody of the child and the details thereof;
the measures that were undertaken to determine the age of the child,
and the precise details of the physical and medical examination or in
18
case of failure to submit a child to such examination, the reason
therefor; and
(p) Ensure that all statements signed by the child during the
investigation are witnessed and signed by the child’s parents or
guardian, social worker or legal counsel in attendance. (n)
Section 12. Rights of a Child Under Custody. – At the custodial
investigation, a child who has been taken into custody shall have the
following rights:
(a) At the police station, to be immediately assisted by a
lawyer and a social worker who shall make sure that the child is
effectively informed of his/her rights, as far as the child's maturity and
discernment allow;
(b) To demand that the questioning or interrogation take place
in conditions that respect the rights of the child and are compliant with
child-sensitive procedural rules;
(c) To have the child’s family located and notified with
dispatch;
(d) To be informed, together with the parents, guardians or
custodians or nearest relatives, by the social welfare and development
officer of the local government unit or of the Department of Social
19
Welfare and Development of the consequences of the offense alleged
to have been committed with a view towards counseling and
rehabilitation, diversion from criminal justice system and reparation if
appropriate;
(e) To have the results of the child’s medical and dental
examination kept confidential unless otherwise ordered by the court.
Whenever medical treatment for any physical or mental defect is
necessary, to demand that steps must be immediately taken by the
medical officer to provide the child with the necessary and proper
treatment;
(f) To have the right of privacy respected and protected at all
times, including the utilization of all measures necessary to promote
this right, including the exclusion of the media; and
(g) While under investigation, not to be fingerprinted or
photographed in a humiliating and degrading manner.
Section 13. Taking Custody of a Child Without a Warrant. – The
law enforcement officer or a private person taking into custody a child
in conflict with the law without a warrant shall observe the provisions
in Sections 5, 8 and 9 of Rule 113 of the Revised Rules of Criminal
Procedure and shall forthwith deliver the child to the nearest police
20
station. The child shall be proceeded against in accordance with
Section 7 of Rule 112 of the Rules of Criminal Procedure.
Section 14. Conduct of Initial Investigation by the Police. – The
police officer conducting the initial investigation of a child in conflict
with the law shall do so in the presence of either or both of the parents,
guardian or custodian, or in their absence, the nearest relative of the
child, the child’s counsel of choice, or a lawyer from the Public
Attorney's Office, and the local social welfare officer. A
representative of a non-government organization, religious group, or
member of the Barangay Council for the Protection of Children shall
be allowed to be present at the investigation in the absence of the
parents, guardian, relative, or social welfare officer. (a)
Section 15. Guidelines for Fingerprinting and Photographing of
the Child. – The following guidelines shall be observed when
fingerprinting or photographing the child:
(a) The child’s fingerprint and photograph files shall be kept
separate from those of adults and shall be kept confidential. They may
be inspected by law enforcement officers only when necessary for the
effective discharge of their duties and upon prior authority of the
21
court; and
(b) The fingerprints and photograph shall be removed from the
files and destroyed: (1) if the case against the child is not filed, or is
dismissed; or (2) when the child reaches twenty-one (21) years of age
and there is no record that the child committed an offense after
reaching eighteen (18) years of age.
Section 16. Intake Report by the Social Welfare Officer. – Upon
the taking into custody of a child in conflict with the law, the social
welfare officer assigned to the child shall immediately undertake a
preliminary background investigation of the child and, should a case
be filed in court, submit to the court the corresponding intake report
prior to the arraignment.
Section 17. Filing of Criminal Action. – A criminal action may
be instituted against a child in conflict with the law by filing a
complaint with the prosecutor.
All criminal actions commenced by complaint or information
shall be prosecuted under the direction and control of the public
prosecutor assigned to the court.
Petitions for confinement of a child drug dependent shall be filed
22
under Section 21 of the Rule on Children Charged under Republic Act
No. 9165. (n)
Section 18. Prosecution of Civil Action. – When a criminal
action is instituted against a child in conflict with the law, the action
for recovery of civil liability arising from the offense charged shall be
governed by Rule 111 of the Revised Rules of Criminal Procedure.
Section 19. Preliminary Investigation. – As far as consistent with
this Rule, the preliminary investigation of a child in conflict with the
law shall be governed by Section 3 of Rule 112 of the Revised Rules
of Criminal Procedure. A specially trained prosecutor shall be
assigned to conduct the inquest, preliminary investigation and
prosecution of the case involving a child in conflict with the law. The
child, on the other hand, shall be assisted by a private lawyer or if
none, a lawyer from the Public Attorney's Office. If there is an
allegation or evidence of torture or ill-treatment of a child in conflict
with the law during custody or detention, it shall be the duty of the
prosecutor to investigate the same. (n)
Section 20. Conduct of Preliminary Investigation. – Preliminary
23
investigation shall be conducted in the following instances: (a) when
the child in conflict with the law does not qualify for diversion; (b)
when the child, the parents or guardian do not agree to diversion as
provided in Sections 27 and 28 of Republic Act No. 9344; or (c)
when, after 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. (n)
At the preliminary investigation, should there arise a need for
clarificatory questions to be propounded on the child, the Rule on
Examination of a Child Witness shall apply.
Section 21. Filing of Information. – If the investigating
prosecutor finds probable cause to hold the child in conflict with the
law for trial, there being discernment, the corresponding Resolution
and Information shall be prepared for the approval by the provincial or
city prosecutor, as the case may be. The child and the mother or father,
or appropriate guardian or custodian, or in the absence thereof, the
nearest relative, and the child's private counsel or lawyer from the
Public Attorney’s Office shall be furnished forthwith a copy of the
approved resolution and the Information.
The Information shall be filed with the court within forty-five
24
(45) days from the start of the preliminary investigation. (n)
No Information shall be filed against a child for the commission
of the following:
a) status offenses;
(b) vagrancy and prostitution under Section 202 of the Revised
Penal Code;
(c) mendicancy under Presidential Decree No. 1563; and
(d) sniffing of rugby under Presidential Decree No. 1619.
Children taken into custody for the foregoing shall, with their
consent and that of their parents, guardian or custodian, instead
undergo appropriate counseling and treatment program. (n)
Section 22. Duties of the Clerk of Court Upon Receipt of
Information. – The Clerk of Court, upon receipt of the Information,
shall:
(1) Maintain a separate case docket or logbook for cases
involving children in conflict with the law. Whenever possible, the
Clerk of Court shall use color coding or other method to easily
distinguish the records of children in conflict with the law from the
other case records;
(2) Determine whether the offense charged qualifies for
25
diversion, that is, it is punishable by imprisonment of not more than
twelve (12) years, regardless of fine, or fine alone regardless of the
amount;
(3) If the crime charged is punishable by such imprisonment,
immediately assign a temporary case number in accordance with Sec.
23 of this Rule and raffle off the case to a court so that its Diversion
Committee can immediately undertake the appropriate action under
Section 33 of this Rule; and
(4) If the crime charged does not qualify for diversion because
it is punishable by imprisonment of more than twelve (12) years, the
case shall be assigned a regular criminal case docket number and
raffled off to a court for formal proceedings. (n)
Section 23. Docketing of the Case. – A case that qualifies for
diversion under paragraph 3 of the preceding Section shall not be
docketed as a regular criminal case but instead shall be assigned a
temporary case number as follows: CICL-(no.)___- (year)___-D
(which means diversion), before the same is raffled off to the
appropriate court.
Section 24. Venue. – Subject to the provisions of Section 15,
26
Rule 110 of the Revised Rules of Criminal Procedure, any criminal or
civil action involving a child in conflict with the law shall be instituted
and tried in the appropriate court nearest the place where the offense
was committed or where any of its essential elements occurred.
Section 25. Release of Children on Recognizance to the Parents,
Guardian, Custodian or Nearest Relative. – The release of a child
from custody during the pendency of the case involving a non-serious
offense as defined in Sec. 4 (u) of this Rule may be ordered by the
court only after a hearing for that purpose, and upon favorable
recommendation of the social worker assigned to the child, with the
conformity of the public prosecutor and the private complainant. The
child shall be released to the custody of a willing and responsible
mother or father, or appropriate guardian or custodian or in their
absence, the nearest relative, who shall be responsible for the child's
good behavior and appearance in court whenever required.
No child shall be ordered detained in jail pending trial or hearing
of the child's case, subject to the provisions of this Rule. (n)
Section 26. Commitment and Transfer to a Youth Rehabilitation
Center. – A child charged with a non-serious offense as defined in
27
Section 4 (u) of this Rule, unless released on bail or recognizance,
may be transferred to a youth detention home or rehabilitation center
or other appropriate facility such as the Department of Social Welfare
and Development which shall ensure the appearance of the child in
court.
In the absence of a youth detention home established by the local
government pursuant to Section 8 of the Family Courts Act, in the city
or municipality where the child resides or, a local rehabilitation center
recognized by the government in the province, city or municipality
within the jurisdiction of the court, or the Department of Social
Welfare and Development or other appropriate local rehabilitation
center, the youth shall be placed under the care of a provincial, city or
municipal jail which shall ensure the appearance of the child in court
when so required. (a)
Section 27. Bail as a Matter of Right. – All children in conflict
with the law shall be admitted to bail as a matter of right before final
conviction of an offense not punishable by reclusion perpetua or life
imprisonment.
Section 28. When Bail Not a Matter of Right. – No child charged
28
with an offense punishable by reclusion perpetua or life imprisonment
shall be admitted to bail when evidence of guilt is strong. In this case,
the court shall commit the child to a youth detention home or youth
rehabilitation center, or in the absence thereof, to the care of a
provincial, city or municipal jail as provided for in Section 27 of this
Rule, which shall be responsible for the appearance of the child in
court whenever required.
Section 29. Care of Child in Youth Detention Homes or
Rehabilitation Centers. – The child in conflict with the law who has
been transferred to a youth rehabilitation center or youth detention
home shall be provided with a healthy environment. If the child is
placed under the care of the provincial, city or municipal jail, the child
shall be provided with adequate quarters separate from adults and
prisoners of the opposite sex depending on the age, sex, sexual
lifestyle, and such other circumstances and needs of the child.
Section 30. Case Study Report. – After the institution of the
criminal action, the social worker assigned to the child shall
immediately undertake a social case inquiry of the child and the child's
family, the child's environment and such other matters relevant to aid
29
the court in the proper disposition of the case. The report shall be
submitted to the court preferably before arraignment. If not available
at that time, the Report must be submitted to the court as soon as
possible.
Section 31. Diversion Committee. – In each court, there shall be
organized a Diversion Committee composed of its Branch Clerk of
Court as chairperson; the prosecutor, a lawyer of the Public Attorney's
Office assigned to the court, and the social worker assigned by the
court to the child, as members
Section 32. Proceedings Before Arraignment. – The Diversion
Committee shall determine if the child can be diverted and referred to
alternative measures or services. Subject to pertinent provisions of this
Rule and pending determination of diversion by the Committee, the
court shall release the child on recognizance to the parents, guardian
or custodian, or nearest relative; or if this is not advisable, commit the
child to an appropriate youth detention home or youth rehabilitation
center which shall be responsible for the presence of the child during
the diversion proceedings.
If the Diversion Committee determines that diversion is not
30
proper, or when the child or the private complainant objects to the
diversion, or when there is failure of the diversion program if
undertaken by the child, it shall submit a report to the court
recommending that the case be subjected to formal criminal
proceedings. The court in turn shall direct the transmittal of the
records of the case to the Office of the Clerk of Court for the
assignment of a regular criminal docket number to the case as follows:
CICL Crim. Case No.___-____(year). The Office of the Clerk of
Court shall thereafter return the case to the court for arraignment and
formal proceedings.
Section 33. Proceedings Before the Diversion Committee. –
Upon receipt by the Committee of a case for diversion from the Office
of the Clerk of Court, the chairperson shall call for a conference with
notice to the child, the mother or father, or appropriate guardian or
custodian, or in their absence, the nearest relative, the child’s counsel,
and the private complainant and counsel, to determine if the child can
be diverted to the community continuum instead of formal court
proceedings.
In determining whether diversion is appropriate for the child, the
Committee shall consider the following factors:
31
(a) The past records, if any, involving the child in conflict with
the law;
(b) The likelihood that the child will be an obvious threat to
himself/herself and the community;
(c) Whether the child has feelings of remorse for the offense
committed;
(d) If the child or the parents are indifferent or hostile; and
whether the parents or guardians have the ability to properly guide and
supervise the child;
(e) The nature of the child’s relationships with peers and
whether this will increase the possibility of delinquent behavior; and
(f) If community-based programs for the rehabilitation and
reintegration of the child are available.
If the Committee finds that diversion is appropriate, it shall
design a diversion program in accordance with Section 34 of this Rule
for the consideration and approval of the court.
Should the Committee determine that diversion is not
appropriate, it shall make the corresponding report and
recommendation in accordance with Section 31 of this Rule.
The Committee cannot recommend diversion in case the child or
the private complainant objects.
32
Section 34. Diversion Programs. – The Committee shall design a
diversion program taking into consideration the individual
characteristics and peculiar circumstances of the child in conflict with
the law. The program shall be for a specific and definite period and
may include any or a combination of the following:
(a) Written or oral reprimand or citation;
(b) Written or oral apology;
(c) Payment of the damage caused;
(d) Payment of fine;
(e) Payment of the cost of the proceedings;
(f) Return of the property;
(g) Guidance and supervision orders;
(h) Counseling for the child and his family;
(i) Training, seminars and lectures on (i) anger management
skills; (ii) problem-solving and/or conflict resolution skills; (iii) values
formation; and (iv) other skills that will aid the child to properly deal
with situations that can lead to a repetition of the offense;
(j) Participation in available community-based programs;
(k) Work-detail program in the community; or
(l) Institutional care and custody.
33
The Committee shall also include in the program a plan that will
secure satisfaction of the civil liability of the child in accordance with
Sec. 2180 of the Civil Code. Inability to satisfy the civil liability shall
not by itself be a ground to discontinue the diversion program of the
child. On the other hand, consent to diversion by the child or payment
of civil indemnity shall not in any way be construed as admission of
guilt and used as evidence against the child in the event that the case is
later on returned to the court for arraignment and conduct of formal
proceedings.
Section 35. Hearing of Diversion Program. – The court shall set
the Committee's diversion report and recommendation for hearing
with notice to all parties, their counsel and members of the Committee
within ten (10) days from receipt of such report.
The court shall act on the recommendation within five (5) days
from the termination of the hearing.
Section 36. Undertaking. – In all cases where a child in conflict
with the law is granted diversion by the court, the child, together with
the mother or father, or appropriate guardian or custodian, or in their
absence, the nearest relative, and the child’s counsel shall sign an
undertaking to comply with their respective duties and obligations
34
under the terms and conditions of the diversion program. The
program, which shall contain the express agreement by complainant
assisted by counsel to the diversion of the child, shall be approved by
and enforced under the supervision and control of the court. It shall
contain the following minimum principal terms and conditions:
(a) The child shall appear before the social worker assigned to
the child by the Court that approved the diversion program at least
once a month for evaluation of its effectiveness.
(b) The child shall faithfully comply with the terms and
conditions of the program. Should the child fail to do so, the
Committee shall report such failure to the court which shall set a
show-cause hearing with notice to the child and private complainant.
The court shall thereafter determine whether to allow the child to
continue with the diversion program, or to end the same and direct that
the case now undergo a formal proceeding.
(c) Should the child be permitted by the court to reside in a
place under the jurisdiction of another court, control and supervision
over such child shall be transferred to the appropriate court of that
place. The diversion records of the case such as the minutes of the
diversion proceedings, copy of the undertaking, the intake and case
study reports and all other pertinent documents shall be transmitted to
35
the court to which jurisdiction over the diverted child has been
transferred.
Section 37. Report of Social Worker. – The court social worker
shall conduct regular monthly visits to the child undergoing diversion
proceedings and shall submit the corresponding reports about the
status of the diverted child to the Committee. At any time before or at
the end of the diversion period, the Committee shall file with the court
a report recommending termination or extension of diversion, as the
case may be. The report and recommendation shall be heard by the
court within fifteen (15) days from receipt, with notice to the members
of the Committee, the child, the mother or father, or the appropriate
guardian or custodian, or in the absence thereof, the nearest relative,
the child’s counsel, and the complainant and counsel.
The court shall thereafter determine whether the diversion
program has been fully and satisfactorily complied with.
Section 38. Closure Order. – On the basis of the report and
recommendation of the Committee, the court may:
(a) Issue a closure order terminating the case if it is convinced
that the child has complied satisfactorily with the diversion program;
36
or
(b) Extend the period of diversion if it is convinced that the
child may still be rehabilitated; or
(c) Order the case to undergo formal court proceedings if it
finds that the child has not complied with the diversion program, is
incorrigible, or that the program is not serving its purpose.
In case of a judicially-approved transfer of residence of the child
in conflict with the law, the court to which supervision of the
diversion program was transferred shall make the proper finding. If it
finds that diversion has been successful, it shall order the closure of
the case. However, if it determines that diversion has failed, it shall
return the case to the original court for formal criminal proceedings.
Section 39. Rights of the Child in Conflict with the Law. – In all
criminal proceedings, the child in conflict with the law shall have the
following rights which shall be respected and protected by the court:
(a) To be presumed innocent until guilt is proved beyond
reasonable doubt;
(b) To be informed promptly and directly of the nature and
cause of the charge and if appropriate, through the child’s mother,
father, legal guardian, or appropriate custodian;
37
(c) To be present at every stage of the proceedings, from
arraignment to promulgation of judgment. The child may, however,
waive presence at the trial pursuant to the stipulations set forth in the
bail bond, unless presence at the trial is specifically ordered by the
court for purposes of identification. The absence of the child without
justifiable cause at the trial of which there was due notice shall be
considered a waiver of the right of the child to be present. Escape by
the child under custody shall be deemed a waiver of the right to be
present in all subsequent hearings until custody over such child is
regained;
(d) To have legal and other appropriate assistance in the
preparation and presentation of the child's defense; in case of a child
arrested for reasons related to armed conflict, to have immediate free
legal assistance;
(e) If detained, to be released (i) on recognizance to the willing
and responsible mother or father or appropriate guardian or custodian,
or in the absence thereof, the nearest relative; (ii) on bail; or (iii) by
commitment to a youth detention home or youth rehabilitation center;
(f) Not to be detained in a jail or transferred to an adult facility
pending trial or hearing of the case, unless detention is used as a last
resort which must be done for the shortest time possible, and only
38
upon order by the court;
(g) In case the child has been arrested for reasons related to
armed conflict, either as combatant, courier, guide or spy:
(i) To be segregated and have separate detention
quarters from adults except where families are
accommodated as family units;
(ii) To immediate free legal assistance in the
absence of private counsel;
(iii) To immediate notice of such arrest to the
parents, guardians or custodians or nearest relatives of the
child; and,
(iv) To be released on recognizance within twentyfour
(24) hours to the custody of the Department of Social
Welfare and Development or any responsible member of
the community as determined by the court.
(h) To testify as a witness in his/her own behalf; and subject to
cross-examination only on matters covered by direct examination. The
child shall not be compelled to be a witness against himself/herself
and the child’s silence shall not in any manner prejudice him/her;
(i) To confront and cross-examine the witnesses against
him/her;
39
(j) To have compulsory process issued to secure the
attendance of witnesses and production of other evidence in the child’s
behalf;
(k) To have speedy and impartial trial, with legal or other
appropriate assistance and preferably in the presence of the child’s
parents or legal guardian or custodian, unless such presence is
considered not to be in the best interest of the child taking into account
the latter’s age or other peculiar circumstances;
(l) To be accorded all the rights under the Rule on
Examination of a Child Witness;
(m) To have the child’s privacy fully protected in all stages of
the proceedings; and
(n) To appeal in all cases allowed and in the manner prescribed
by law.
Section 40. Rights of Victims of Offenses Committed by Children
in Conflict with the Law. – In any case involving a child in conflict
with the law, the victim has the following rights:
(1) To be reasonably protected from the child in conflict with
the law;
(2) To timely notice of any public proceeding, or any parole
40
proceeding involving the crime or of any release or escape of the child
in conflict with the law;
(3) Not to be excluded from any public proceeding, unless the
court, after receiving clear and convincing evidence, determines that
the testimony by the victim would be materially altered if the victim
heard other testimony in that proceeding;
(4) To be reasonably heard at any administrative or public
proceeding involving diversion, release, plea, suspension of sentence
and determination of disposition measures, or any parole proceeding;
(5) To confer with the prosecutor in the case;
(6) To avail of legal assistance from the Public Attorney's
Office, Integrated Bar of the Philippines. any other legal aid office or
any law practitioner;
(7) To be informed of the availability of compensation from
the Department of Justice Board of Claims in accordance with the
provisions of Rep. Act No. 7309 (1992);
(8) To be entitled to support services from the Department of
Social Welfare and Development and local government units;
(9) To be entitled to all legal remedies and support as provided
for under the Family Code;
(10) To be informed of the rights and the services available to
41
victims of offenses including the right to apply for a protection order;
(11) To full and timely restitution as provided in law;
(12) To proceedings that are free from unreasonable delay; and
(13) To be treated with fairness and with respect for the victim’s
dignity and privacy.
Section 41. Responsibilities of the Court. – For the protection of
the rights of the child in conflict with the law, the court shall have the
following responsibilities:
(1) To monitor the status of a child whose case is pending in
its court placed in a youth detention center or other institution during
the pendency of the child's case;
(2) To receive and investigate complaints concerning
violations of the rights of the child whose case is pending in its court;
(3) To require all professionals working for the welfare of the
child, such as barangay captains, teachers, social workers, medical
professionals, and law enforcers, to render regular monthly reports to
the court;
(4) To order access to adequate services for rehabilitation,
counseling and other forms of reintegration for the child:
(5) To ensure that the child who is capable of forming his or
42
her own views has the right to express those views freely in all matters
affecting the child, and that such views be accorded due weight in
accordance with the developmental age and maturity of the child;
(6) To ensure that the child, either directly or through a
representative, is provided the opportunity to be heard in all
proceedings affecting such child;
(7) To ensure communication at all times between the judge
and the child;
(8) To ensure that the child sits with close family members of
the child’s choice during the court proceedings;
(9) To ensure that the child can communicate freely with
counsel at all times;
(10) To ensure that the child is informed in age-appropriate
language of all stages of the judicial proceeding affecting such child;
(11) To ensure that a child placed in a Youth Detention Home
or Youth Rehabilitation Center or in any child facility be given
appropriate medical examination in order to determine and put on
record any evidence of ill-treatment; to identify any physical or mental
condition requiring medical attention; and thereafter make sure that
child is provided adequate treatment and medical attention;
(12) To ensure that the child is informed as soon as possible of
43
the death, serious illness or injury of any immediate family member
and be allowed to visit the ill family member or attend the funeral,
when appropriate and advisable;
(13) To ensure that if a child dies during the pendency of the
case or within six (6) months of release, an independent inquiry is
conducted on the circumstances of the death and a report thereof,
including the child's death certificate, be made available to the child’s
mother or father, guardian, custodian or nearest relative;
(14) When appropriate and advisable, to allow the child to
temporarily leave the detention home or rehabilitation center by
means of an “out-on-pass” order to attend special family occasions
such as Christmas and New Year celebrations. The “out-on-pass”
order shall contain reasonable restrictions to ensure safety, security
and timely return to detention as may be determined by the court;
(15) To allow at all times, and from the moment of initial
contact, any member of the family or the guardian of the child to visit
with the child, unless prejudicial to the latter's best interests;
(16) To allow the appointment of a Guardian Ad Litem if
available and advisable, to enable the child to raise concerns and
complaints without fear of retribution; and
(17) To undertake all other appropriate measures to ensure the
44
promotion of the best interest of the child and the child's eventual
reintegration in society.
Section 42. Determination of the Best Interests of the Child. –
The following factors may be considered in determining the best
interests of a child in conflict with the law: the child's age and sex, the
child's mental and physical health, the mental and physical health of
the parents, their lifestyle and other social factors; the emotional ties
between the parents and the child, the ability of the parents to provide
the child with food, shelter, clothing and medical care; the established
living pattern for the child concerning school, home, community and
religious institution, quality of schooling, the existence of other
relatives who may be in a better position to be with the child and the
child's relationship with these relatives; the child's background,
maturity and level of understanding, sexual orientation, lifestyle and
any other characteristics and needs of the child that the court may
deem relevant.
Section 43. Arraignment and Plea. – The provisions of Rules
116 and 117 of the Revised Rules of Criminal Procedure shall apply to
the arraignment of the child in conflict with the law. The arraignment
45
shall be scheduled within three (3) days from the date of receipt of the
complaint or information by the court, unless a shorter period is
provided for by law.
In case the child is not assisted by a private counsel, the court
shall immediately appoint its Public Attorney as the child’s counsel de
oficio.
Arraignment shall be held in chambers and conducted by the
judge by furnishing the child and counsel a copy of the complaint or
Information, reading the same in a language or dialect known to and
understood by the child, explaining the nature and consequences of a
plea of guilty or not guilty and asking the child's plea.
Section 44. Pre-trial. – The provisions of Rule 118 of the
Revised Rules of Criminal Procedure shall govern the pre-trial of the
child in conflict with the law. Agreements or admissions made during
the pre-trial conference shall be in writing and signed by the child, the
mother, father or duly appointed guardian, and counsel; otherwise, the
agreements or admissions shall not be admissible against the child.
Whenever possible and practicable, the court shall explore all
possibilities of settlement of the case, except its criminal aspect. Plea
bargaining shall be resorted to only as a last measure when it shall
46
serve the best interest of the child and the demands of truth and
restorative justice.
Section 45. Trial. – All hearings shall be conducted in a manner
conducive to the best interest of the child and in an environment that
will allow the child to participate fully and freely in accordance with
the Rule on Examination of a Child Witness.
Section 46. Guiding Principles in Judging the Child. – Subject to
the provisions of the Revised Penal Code, as amended, and other
special laws, the judgment against a child in conflict with the law shall
be guided by the following principles:
(1) The judgment shall be in proportion to the gravity of the
offense, and shall consider the circumstances and the best interest of
the child, the rights of the victim, and the needs of society in line with
the demands of balanced and restorative justice.
(2) Restrictions on the personal liberty of the child shall be
limited to the minimum. Where discretion is given by law to the judge
to determine whether the penalty to be imposed is fine or
imprisonment, the imposition of the fine should be preferred as the
more appropriate penalty.
47
(3) No corporal punishment shall be imposed.
(4) In case of the presence of any exculpatory evidence or
doubt in the prosecution’s evidence, the doubt shall be resolved in
favor of the child.
Section 47. Promulgation of Sentence. – If, after trial, the court
should find the child in conflict with the law guilty beyond reasonable
doubt of the offense charged, it shall impose the proper penalty,
including any civil liability which the child may have incurred, and
promulgate the sentence in accordance with Section 6, Rule 120 of the
Revised Rules of Criminal Procedure.
Section 48. Automatic Suspension of Sentence and Disposition
Orders. – If the child is found guilty of the offense charged, the court,
instead of executing the judgment of conviction, shall place the child
in conflict with the law under suspended sentence, without need of
application. Suspension of sentence can be availed of even if the child
is already eighteen years (18) of age or more but not above twenty-one
(21) years old, at the time of the pronouncement of guilt, without
prejudice to the child’s availing of other benefits such as probation, if
qualified, or adjustment of penalty, in the interest of justice.
48
The benefits of suspended sentence shall not apply to a child in
conflict with the law who has once enjoyed suspension of sentence,
but shall nonetheless apply to one who is convicted of an offense
punishable by reclusion perpetua or life imprisonment pursuant to the
provisions of Rep. Act No. 9346 prohibiting the imposition of the
death penalty and in lieu thereof, reclusion perpetua, and after
application of the privileged mitigating circumstance of minority.
If the child in conflict with the law reaches eighteen (18) years of
age while under suspended sentence, the court shall determine whether
to discharge the child in accordance with the provisions of Republic
Act No. 9344, or to extend the suspended sentence for a maximum
period of up to the time the child reaches twenty-one (21) years of
age, or to order service of sentence.
Section 49. Disposition Conference. – In case of suspended
sentence, the court shall set the case for disposition conference within
fifteen (15) days from the promulgation of sentence with notice to the
social worker of the court, the child and the parents or guardian ad
litem of the child and the child's counsel, the victim and counsel. At
the conference, the court shall proceed to determine and issue any or a
combination of the following disposition measures best suited to the
49
rehabilitation and welfare of the child:
(1) Care, guidance, and supervision orders;
(2) Community service orders;
(3) Drug and alcohol treatment;
(4) Participation in group counseling and similar activities;
and
(5) Commitment to the Youth Rehabilitation Center of the
Department of Social Welfare and Development or other centers for
children in conflict with the law authorized by the Secretary of the
Department of Social Welfare and Development.
Section 50. Compliance with Disposition Measures. – The social
worker assigned to the child shall monitor the compliance by the child
in conflict with the law with the disposition measures and shall submit
regularly to the court a status and progress report on the matter. The
court may set a conference for the evaluation of such report in the
presence, if practicable, of the child, the parents or guardian, counsel
and other persons whose presence may be deemed necessary.
Section 51. Discharge of Child Subject of Disposition Measure.
– Upon the recommendation of the social worker assigned to the child,
50
the court shall, after due notice to all parties and hearing, dismiss the
case against the child who has been issued disposition measures, even
before reaching eighteen (18) years of age, and order a final discharge
if it finds that the child has been rehabilitated and has shown the
capability to be a useful member of the community.
If the court finds that the child (a) is incorrigible; or (b) has not
shown the capability of becoming a useful member of society; or (c)
has willfully failed to comply with the conditions of the disposition or
rehabilitation program; (d) or the child's continued stay in the training
institution is not in the child’s best interest, the child shall be brought
before the court for execution of the judgment.
The final release of the child shall not extinguish the civil
liability. The parents and other persons exercising parental authority
over the child shall be civilly liable for the injuries and damages
caused by the acts or omissions of the child living in their company
and under the parental authority subject to the appropriate defenses
provided by law.
Section 52. 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
51
on probation if qualified, in lieu of service of sentence taking into
account the best interest of the child.
Section 53. Credit in Service of Sentence. – The child in conflict
with the law who has undergone preventive imprisonment shall be
credited in the service of the sentence consisting of deprivation of
liberty, with the full time during which the child has undergone
preventive imprisonment, if the child agrees voluntarily in writing to
abide by the same or similar disciplinary rules imposed upon
convicted prisoners, except in any of the following cases:
(1) When the child is a recidivist or has been convicted twice
or more times of any crime; or
(2) When upon being summoned for execution of sentence, the
child failed to surrender voluntarily.
A child who does not agree to the same disciplinary rules
imposed upon convicted prisoners shall be credited in the service of
the sentence with four-fifths of the time during which the child has
undergone preventive imprisonment.
Whenever the child has undergone preventive imprisonment for
a period equal to or more than the possible maximum imprisonment of
the offense charged to which the child may be sentenced and the case
52
is not yet terminated, the child shall be released immediately without
prejudice to the continuation of any on-going intervention program,
and the trial thereof or the proceeding on appeal, if the same is under
review. In case the maximum penalty to which the child may be
sentenced is destierro, the child shall be released after thirty (30) days
of preventive imprisonment.
Any form of physical restraint imposed on the child in conflict
with the law, including community service and commitment to a
rehabilitation center, shall be considered preventive imprisonment.
Section 54. Confidentiality of Proceedings and Record. – All
proceedings and records involving children in conflict with the law
from initial contact until final disposition of the case by the court shall
be considered privileged and confidential. The public may be excluded
from the proceedings and pursuant to the provisions of Section 31 of
the Rule on Examination of a Child Witness, the records shall not be
disclosed directly or indirectly to anyone by any of the parties or the
participants in the proceedings for any purpose whatsoever, except to
determine if the child may have the sentence suspended under Section
38 of this Rule or if the child may be granted probation under the
Probation Law, or to enforce the civil liability imposed in the criminal
53
action.
The court shall employ other measures to protect confidentiality
of proceedings including non-disclosure of records to the media, the
maintenance of a separate police blotter for cases involving children in
conflict with the law and the adoption of a system of coding to conceal
material information, which will lead to the child’s identity. The
records of children in conflict with the law shall not be used in
subsequent proceedings or cases involving the same offender as an
adult.
Section 55. Non-liability for Perjury or Concealment or
Misrepresentation. – Any person who has been in conflict with the
law as a child shall not be held guilty of perjury or of concealment or
misrepresentation by reason of failure to acknowledge the case or
recite any fact related thereto in response to any inquiry.
Section 56. Sealing of Records. – The court, motu proprio or on
application of a person who has been adjudged a child in conflict with
the law, or if still a minor, on motion of the parents or legal guardian,
shall, upon notice to the prosecution and after hearing, order the
sealing of the records of the case if it finds that two (2) years have
54
elapsed since the final discharge of the child after suspension of
sentence or probation, or from the date of the closure order and the
child has no pending case of an offense or a crime involving moral
turpitude.
Upon entry of the order, the case shall be treated as if it never
occurred. All index references shall be deleted and in case of inquiry,
the court, prosecution, law enforcement officers and all other offices
and agencies that dealt with the case shall reply that no record exists
with respect to the child concerned. Copies of the order shall be sent to
these officials and agencies named in the order. Inspection of the
sealed records thereafter may be permitted only by order of the court
upon petition of the child who is the subject of the records or of other
proper parties.
This procedure shall be without prejudice to the rule on
destruction of video or audio tapes under Section 31 of the Rule on the
Examination of a Child Witness.
Section 57. Prohibition of Labeling. – In the conduct of
proceedings from initial contact with the child in conflict with the law
to the final disposition of the case, there shall be no branding or
labeling of the child as a young criminal, juvenile delinquent,
55
prostitute, vagrant, or attaching to the child in any manner any
derogatory description or name. Likewise, no discriminatory
statements, conduct and practices shall be allowed, particularly with
respect to the child’s social or economic status, physical or mental
disability or ethnic origin.
Section 58. Contempt Powers. – A person who directly or
indirectly disobeys any order of the court or obstructs or interferes
with its proceedings or the enforcement of its orders issued under this
Rule shall be liable for contempt of court.
Section 59. Effectivity. – This Rule as revised shall take effect on
December 1, 2009 after its publication in two (2) newspapers of
general circulation not later than November 27, 2009.
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