A criminal action may be instituted against a child in conflict with the law by filing a complaint with the public prosecutor. Preliminary investigation shall be conducted in the following instances:
Continue readingIf the child is found guilty after trial 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 18 years of age or more but not above 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.
Continue readingAll officers handling the child in conflict with the law, including law enforcement officers and social workers, have specific duties and responsibilities (see also Primer on the 2019 Supreme Court Revised Rule on Children in Conflict with the Law). The court handling the case also has responsibilities. For the protection of the rights of the child in the conflict with the law, the court shall have the following responsibilities:
Continue readingThere are multiple steps, including diversion proceedings, before a case reaches the court for trial proper. Not all Information may be filed after the conduct of preliminary investigation before the investigating prosecutor. Upon the filing of a criminal Information in court, the proper diversion proceedings shall be conducted by the Diversion Committee. Trial commences upon the recommendation by the Diversion Committee, and approval by the court after hearing, that further court proceedings shall proceed.
Continue readingInitial 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 receives a subpoena in a preliminary investigation, or summons in cases that do not require preliminary investigation, or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody.
Continue readingSerious crime refers to: (1) parricide; (2) murder; (3) infanticide; (4) kidnapping and serious illegal detention where the victim is killed or raped; (5) robbery with homicide or rape; (6) destructive arson; (7) rape; (8) carnapping where the driver or occupant is killed or raped; and (9) offenses under Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, punishable by more than 12 years of imprisonment.
Continue readingA child in conflict with the law is one who is below 18 years old and alleged as, accused of, or adjudged as having committed an offense under Philippine Laws (see also Primer on the 2019 Supreme Court Revised Rule on Children in Conflict with the Law). From the moment a child is taken into custody, the law enforcement officer shall:
Continue readingAt the custodial investigation, a child who has been taken into custody shall have the following rights:
Continue readingA child in conflict with the law is one who is below 18 years old, alleged as, accused of, or adjudged as having committed an offense under Philippine Laws [see also Primer on the 2019 Supreme Court Revised Rule on Children 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:
Continue reading[The full text of the 2019 Supreme Court Revised Rule on Children in Conflict with the Law is reproduced below. See also Primer on the Revised Rule and Conduct of Trial for Children in Conflict with the Law.]
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