Serious 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.
[See also Primer on the 2019 Supreme Court Revised Rule on Children in Conflict with the Law]
A child who is above 12 years of age up to 15 years of age and who commits a serious crime shall be deemed a neglected child and shall be mandatorily placed in the Intensive Juvenile Intervention and Support Center (IJISC) of a “Bahay Pag-asa.” Bahay Pag-asa refers to a 24-hour child-caring institution established, funded and managed by local government units and licensed and/or accredited non-government organizations providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
The following procedure shall be observed:
(a) A petition for involuntary commitment and placement under the IJISC shall be filed by the local social welfare and development officer of the local government unit where the offense was committed, or by the Department of Social Welfare and Development social worker in the local social welfare and development officer’s absence, within 24 hours from the time of the receipt of a report on the alleged commission of said child.
(b) The court, where the petition for involuntary commitment has been filed, shall decide on the petition within 72 hours from the time the said petition has been filed by the Department of Social Welfare and Development/ Local Social Welfare and Development Office.
(c) The court will determine the initial period of placement of the child within the IJISC which shall not be less than one year.
(d) The multi-disciplinary team of the IJISC will submit to the court:
- (1) A case study and progress report, to include a psychiatric evaluation report, and recommend the reintegration of the child to his/her family or the extension of the placement under IJISC; and
- (2) A report to the court on the services extended to the parents and family of the child and the compliance of the parents in the intervention program. [See also Propriety of Diversion, the Diversion Program, Continuation of Case for Children in Conflict with the Law]
(e) The court will decide whether the child has successfully completed the center-based intervention program and is already prepared to be reintegrated with his/her family, or if there is a need for the continuation of the center-based rehabilitation of the child.
(f) The court will determine the next period of assessment or hearing on the commitment of the child.
[Source: Section 8-A, 2019 Supreme Court Revised Rule on Children in Conflict with the Law]
- Extension of Filing Periods and Suspension of Hearings for March 29 to April 4, 2021: SC Administrative Circular No. 14-2021 (Full Text) - March 28, 2021
- ECQ Bubble for NCR, Bulacan, Cavite, Laguna and Rizal: Resolution No. 106-A (Full Text) - March 27, 2021
- Guidelines on the Administration of COVID-19 Vaccines in the Workplaces (Labor Advisory No. 3) - March 12, 2021