A 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. 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 hearing 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 Republic 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 victims of offenses including the right to apply for a protection order;
- (11) To full and timely restitution as provided by law;
- (12) To proceedings that are free from unreasonable delay;
- (13) To be treated with fairness and with respect for the victim’s dignity and privacy; and
- (14) To be provided with the appropriate assistance and psychological intervention by the local social welfare and development office, the Department of Social Welfare and Development and other concerned agencies.
[See also Primer on the 2019 Supreme Court Revised Rule on Children in Conflict with the Law; Section 38 of the 2019 Supreme Court Revised Rule on Children in Conflict with the Law]
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