All 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:
- (1) To monitor the status of a child whose case is pending in its court placed in a “Bahay Pag-asa” or other institution during the pendency of the child’s case;
- (2) To receive and refer to the proper agency 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 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 and other persons 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 “Bahay Pag-asa” 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 the child is provided adequate treatment and medical attention;
- (12) To ensure that a child is informed as soon as possible of 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 from 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 the child, unless prejudicial to the latter’s best interest;
- (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 promotion of the best interest of the child and the child’s eventual reintegration in society.
[See also Conduct of Trial for Children in Conflict with the Law and 2019 Supreme Court Revised Rule on Children in Conflict with the Law]
Pamaos & Labao Law Firm (P&L Law) is a full-service professional legal firm, located in Metro Manila, Philippines | Telephone: (+632) 7799-0589 | Email: info@pnl-law.com | Website: http://pnl-law.com
Latest posts by P&L Law (see all)
- 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