Antonio Villegas St.

, Mehan Gardens, Manila

PROBATION AND PAROLE IN

CRIMINAL JUSTICE

A Term paper

Submitted to: Dr. Gilbert San Diego MNSA

Faculty of the Graduate School

Universidad De Manila

In partial Fulfillment of the Requirements for the course of Penology

Jessica Viena C Sari

Mikaila Ma. A Santiago

Beverly Joy C Nanglegan

 Antonio Villegas St., Mehan Gardens, Manila

TABLE OF CONTENTS

Introduction

1.) Human trafficking………………………………………………....6

2.) Related Laws concerned in Human Trafficking………………7

3.) Government Agencies concerned Human Trafficking………9

4.) Problems and History……………………………………………11

5.) Difference between Human Trafficking and Smuggling……13

6.) Role of Police in Trafficking in Persons……………………….14

7.) Gun Smuggling…………………………………………………...17

8.) Weapons of Mass Destruction………………………………….21

9.) Phil. Gov’t effort Against in Armed Group…………………….23

10.) Directives……………………………………………………......25

Conclusion ……………………………………………………………27

Recommendation…………………………………………………….30

Bibliography…………………………………………………………..32

Curriculum Vitae……………………………………………………..33
 Antonio Villegas St., Mehan Gardens, Manila

What is a crime?

Crime is defined as an act committed or omitted violation of a

public law forbidding or commanding it. It is also ascribed to as an

act that violates the law of the nation. Preliterate culture dealt with

crime as a matter of personal offense and retribution. That most

offenses in primitive cultures were dealt with as private wrongs does

not signify that crime was privately defined. Generally, however,

community action was taken against the offender only in those

instances when he violated a religious taboo.

Who is a criminal?

From the legal viewpoint crime subsist when the person has been

proven guilty by the court. The main objective to this view is the

presumption of innocence as provided for by our 1987 Constitution, that

only after trial and the proof beyond reasonable doubt established by the

prosecution that the accused has committed it, can very assume that the

person is a criminal. From the scientific point of view, crime exists when

it is reported. This is more realistic but not all reported cases are with

sound basis of true happening.

 Antonio Villegas St., Mehan Gardens, Manila

Responding to a crime.

Through out man’s history from the ancient pre-literate culture

wherein a wrongful act of one considered as a crime today is viewed as a

personal offense and dealt with by vengeance. In the middle ages wherein

the world is influenced by Christian faith, crimes is viewed more as bad,

immoral hence similar in degree with sins which is attributed to the

devil, hence society responded to it with the philosophy and approach

which is to treat criminals and the punishment is more of cleansing or

redemption.

The advent of the school of thought in criminology ushered in

enlightenment and society chose to treat crimes in a way to reform and

rehabilitate the criminal offender by incarceration as a primary means of

punishment.

As modern criminology progress, today crime is dealt with by the

concept of restorative justice, wherein ways and means are resorted to

 Antonio Villegas St., Mehan Gardens, Manila

heal the broken social relationship and amicably settle disputes between

the offender and his/her victim.

What are the Schools of Thought in Criminology?

Classical School of Thought by BECARRIA. Accordingly to

criminologist Becarria, men are fundamentally a biological organism with

intelligence and rationality which control their behavior. Before man tries

to do something, he tries to resolve the amount of pain they will suffer

and the amount of pleasure they will receive. Their future actions will

depend on the balance of the two considerations if there will be more

pain than pleasure, they will desist from doing the act, but if pleasure

will exceed the pain they will carry on their plan to commit the unlawful

act. It concludes that, crime is caused by the rational effort of men to

augment their pleasure and to minimize their pains.

Some of the noteworthy features of the classical school in criminology

include:

o All people are steered by free will

o All behavior is guided by hedonism (pleasure/pain calculation)

 Antonio Villegas St., Mehan Gardens, Manila

o All crime is the result of free will and hedonism

o All punishment should correspond to the offense (equal treatment

under law)

o Bad people are nothing more that the outcome of bad laws

Another major personage from the classical school is JEREMY

BENTHAM an Englishman (1748-1832).  Bentham's book, An

Introduction to the Principles of Morals and Legislation made the

following points:

o Society is based on social contract which convene for the exchange

of liberties for freedoms.

o All people being equally possessed of free will and the ability for

rational thought should be treated equally

o People should be treated with due process and they should have

civil rights; there should be rules of evidence.

o The law should be extensively known, this is referred to as

cognoscibility, or a person being "cognizant" of the law at all times,

at least in knowing what the actus reus is of each and every crime.

o Utilitarianism (Bentham's version of hedonism) should be the basis

of social supremacy as it is for most human behavior

 Antonio Villegas St., Mehan Gardens, Manila

o Punishment should be the minimum required to discourage the

individual and others from doing or mimicking it.

o Judges should not enjoy too much discretion in sentencing;

sentences should be about equal for equal crime (determinate

sentencing)

Neo-Classical School of Thought: This explanation accepts the fact

that crimes are committed in accordance with the free will of men but the

act of committing a crime is modified by some causes that finally prevail

upon the person to commit crimes. These causes are pathology,

incompetence, insanity or any condition that will make it possible for the

individual to exercise free will entirely. In the study of legal provisions

this is termed as either mitigating or exempting circumstances. The

Neoclassical School of Thought emerged between 1880 and 1920 it

stressed individual accountability and individualization of punishment.

Its leading proponents were figures such as Gabriel Tarde (1843-1904)

and his pupil Raymond Saleilles (1898).

The general features of neoclassicism include:

o Character (not free will nor determinism) is the cause of criminality

 Antonio Villegas St., Mehan Gardens, Manila

o Crime and punishment should be equivalent, not essentially

proportional or "fitting"

o Imprisonment should be the customary method of punishment

o Treatment should be individualized, according to the incorrigibility

of temperament.

o Every punishment should consist of a measure of deterrence,

exemplary but not vengeful (except for the insane who should be

treated by other experts)

o Abolition of the death penalty

The explanation that criminals are born (Positive School of Thought)

by Cesare Lombroso, 1835-1909.The positive school consists of the

following:

study first the natural origin of crime and then its social and legal

consequences in order to provide, by social and legal means, the various

remedies which will have the greatest effect on the various causes that

produced it. The "positivist school" was a social movement that existed

during the mid 1800s and early 1900s.  The part of it that was "positive"

was the forward-looking attitude toward social and personal betterment,

the perfectibility of both society and human nature. Similar to what we

 Antonio Villegas St., Mehan Gardens, Manila

mean when we use the phrase Positive Law or using law to change

society. 

The term "positivism" refers to a method of analysis based on the

collection of observable scientific facts.  Its aim is to explain and most

importantly predict the way facts occur in uniform patterns. Positivism is

the basis of most natural sciences, and positivist criminology is the

application of positivist methods to the study of people. The positivist

school is best seen as a reaction to the armchair philosophy and

theorizing of the classical school. 

Some of the common, defining features of the positivist school in

criminology include:

o The demand for facts and for scientific proof (determinism)

o There are body and mind differences between people (of these, the

mens rea, or intent or reasons for committing crime are important)

o Punishment should fit the individual criminal, not the crime

(indeterminate sentencing, disparate sentencing, parole)

o The criminal justice system should be guided by scientific

specialists (rule by scientific elite, technocracy).

 Antonio Villegas St., Mehan Gardens, Manila

o Criminals can be treated, rehabilitated, or corrected (if not, then

they are incurable and should be put to death)

According to Cesare Lombroso, who is considered the father of

modern criminology, criminals are born with some physical,

characteristics which become the causes of crimes. He advanced the

following explanations to such causes :

o Criminals have a distinctive physical type;

o That there is a conspicuous born criminal type;

o That this type can be recognized by certain stigma or anomalies;

o That the stigmata are not the causes of crime but rather the

symptoms of atavism or reversion of his body to his ape-like

ancestors;

o That criminals are evolutionary degenerates;

o That this atavism and degeneracy of the body are the causes of

crime; and

o That the person who is a born criminal type cannot desist from

committing crime unless he lives under exceptionally favorable

circumstances.
 Antonio Villegas St., Mehan Gardens, Manila

There are four classes of criminals: born (atavists), insane, occasional

(criminaloids-with some atavistic characteristics, some environmental

factors), and passion.

Lombroso's Checklist of Physiognomic Indicators:

o Unusually short or tall height,

o Small head, but large face,

o Small and sloping forehead,

o Receding hairline,

o Wrinkles on forehead and face,

o Large sinus cavities or bumpy face,

o Large, protruding ears,

o Bumps on head, particularly the Destructiveness Center behind

ear,

o Protuberances (bumps) on head,

o High check bones,

o Bushy eyebrows,

o Large eye sockets,

o Deep, beady eyes,

o Beaked nose (up or down) or flat nose,

 Antonio Villegas St., Mehan Gardens, Manila

o Strong jaw line,

o Fleshy lips, but thin upper lip,

o Mighty incisors, abnormal teeth,

o Small or weak chin,

o Thin neck,

o Sloping shoulders, but large chest,

o Long arms,

o Pointy, webby, snubby fingers or toes,

o Tattoos on body,

o Supernumerary fingers and toes,

o Asymmetry of the face,

o Unusual size of the ears,

o Abnormality of the feet,

o Imbalance of the hemisphere of the brain.

American Criminal Justice

Defined as “… The machinery of the state or government which enforces

the rules of conduct necessary to protect life, liberty and property and

maintain peace and order”. “Criminal Justice comprises all the means

used to enforce those standards of conduct which are deemed necessary

to protect individual and to maintain general community well-being. In

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broad terms, a system of criminal justice creates the laws governing

social behavior, attempt to prevent violation of the laws, and apprehends,

judges, and punishes those who do violate them.

Justice - Is a social norm providing guidance for people in their dealings

with one another; as a standard against which actions are evaluated;

and as a prescription for requirement that people act justly Law is the

instrument in achieving justice, a major input in the criminal justice

system. Law is society’s primary instrument for making known what acts

are considered crime and what sanctions may be applied to those who

commit acts defined as crimes.

The three Components or Processes of Criminal Justice System of in

the United State are as follows:

o Police or Law Enforcement

o Courts

o Correction or Correctional Institution

 Antonio Villegas St., Mehan Gardens, Manila

As a system, criminal justice is made up of a set of interesting

components-that is, all the institution and processes by which decisions

are made, for criminal justice to achieve its goals, each part must make

its own contribution. None can function without some degree of contract

with at least one other part. To group what it is that they do, we must

look at their relationship with another: the police with prosecution,

probation officers with judges.

Entering the System.

The prevention and control of crime and juvenile delinquency are not the

sole task of the government, much less the agency of the criminal justice

system alone. Questions of a major policy for achieving the objectives

and ideals of the prevention and control of crime and delinquency,

undoubtedly, require the coordination of effort and teamwork not only

among the police, prosecution, courts and correctional agencies but he

active participation of the community as well.

The criminal justice system start to function at the time a person has

violated or seem to wilfully disobeyed the law. It commences with the

arrest stage wherein the suspect is lawfully taken away from the

community to be under the custody of the police while the case is under

investigation, to the time proper charges are filed with the district
 Antonio Villegas St., Mehan Gardens, Manila

attorney, the equivalent American office for prosecutor until trial,

judgment, corrections and eventual return to the community as a

reformed and free individual.

Pre- Trial Court appearances.

The American system provides for a pre-trial conference similar with the

Philippine version of talking and agreeing with the facts and issues to be

raised during the trial, the stipulation of facts by both the defense side

and the district attorney. It is also an opportunity to settle amicably

disputes and resolve matters before going to trial such as entering a plea

of guilty for a lesser felony as in homicide for man’s slaughter.

Trial or guilty plea.

Whether or not the accused in a criminal charge pleads guilty, trial

commences. In the event of a denial to the charge which means the

suspect entered a plea of not guilty, trial commences with the

prosecution first establishing its case and presents evidence to prove the

charge. In the event of a guilty plea, the order of trial is reversed when a

lawful defense is to be taken as in cases of self defense.

Sentencing.

After the case is heard on the merits. The jury will decide whether to hold

the suspect, guilty as charge or set him/her free. In the event of a guilty
 Antonio Villegas St., Mehan Gardens, Manila

adjudication, the decision of the jury on the penalty and the damages

woud be read.

The judgment is promulgated by reading it in the presence of the

accused and any judge of the court in which it was rendered. However, if

the conviction is for a light offense, the judgment may be pronounced in

the presence of his counsel or representative. When the judge is absent

or outside the province or city, the judgment may be promulgated by the

clerk of court.

Appeal

Any party may appeal from a judgment or final order, unless the accused

will be placed in double jeopardy. If personal service of the copy of the

notice of appeal can not be made upon the adverse party or his counsel,

service may be done by registered mail. The appellee may waive his right

to a notice that an appeal has been taken. The appellate court may, in its

discretion, entertain an appeal notwithstanding failure to give such

notice if the interests of justice so require. An appeal must be taken

within fifteen (15) days from promulgation of the judgment or from notice

of the final order appealed from. This period for perfecting an appeal

shall be suspended from the time a motion for new trial or

 Antonio Villegas St., Mehan Gardens, Manila

reconsideration is filed until notice of the order overruling the motion has

been served upon the accused or his counsel at which time the balance

of the period begins to run.

Probation

Probation is a vital component of the correctional system. It is a

phase of Penology, which must be viewed in its relation to other aspects

of law enforcement and its proper perspective.

As a form of treatment for convicted criminal offenders, probation

is regarded as a substitute for imprisonment rather than clemency,

leniency or pity. Some offenders who are less injured to crime are better

off to remain in the community and should be given a chance to reform

themselves and to conform to the demands and norms of society after

their conviction. Others on the other hand, must go to prison to undergo

rehabilitation for their own good and primarily for the benefit of society

due to the fact that their presence in the community will pose a threat to

law and order.

 Antonio Villegas St., Mehan Gardens, Manila

Probation is given to criminal offenders whose cases wherein the

ends of justice do not require imprisonment. This will be granted when

the conditions imposed by law are met and on the premise that the

offender would reform himself, that there is no manifested danger to

society and that the crime in which they were convicted is not abhorrent

to members of society.

PAROLE

Form of supervised conditional liberty from prison granted prior to

the expiration of the sentence. As a form of correctional treatment, parole

is designed to enhance the protection of the community through the

supervision and rehabilitation of selected offenders following their release

from prison. The modern use of parole as a correctional method stems

from a change in penal philosophy to emphasize reform and

rehabilitation rather than retribution and punishment.

Parole systems are usually administered by the

ministry/department of justice, although in Mexico and South Africa the

program is run by the ministry of welfare. In a few countries, parole is a

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function of the judiciary. Eligibility for parole is governed by statutes that

provide either definite or indeterminate sentences and define offenses for

which parole may be granted. In some jurisdictions, eligibility for parole

is prohibited by statute for offenders convicted of such serious crimes as

narcotics peddling, armed robbery, kidnapping, rape, or murder.

Parole supervision ranges from little more than a periodic police

check to intensive supervision by trained personnel. Conditions of parole

vary widely but usually define minimum standards of conduct, delimit

freedom of movement, and require the parolee to report regularly to a

parole officer. Violation of the conditions of parole may constitute

grounds for parole revocation and re-incarceration.

PROBATION AND THE COURTS

 Antonio Villegas St., Mehan Gardens, Manila

HISTORY OF PROBATION: Probation is a judicial disposition after which

the dependant after conviction and sentence is released, subject to the

conditions imposed by the court and the supervision of the probation

officer. It said to have originated in England in the year 1841.

Matthew Davenport Hill (August 6, 1792 - June 7, 1872) was an

English lawyer and penologist. Taking an interest in questions relating to

the treatment of criminal offenders, he publicly aired opinions which

were the means of introducing many important reforms in the methods

of dealing with crime.

Matthew Devenport Hill an English magistrate practiced his

methods which includes suspending judgment and releasing the convicts

in his own recognizance with a pledge not to commit any crimes. Held as

the father of probation in England he worked for the guardianship of

parents and employers of juvenile and first time offenders to save them

from the stigma of prison life.

 Antonio Villegas St., Mehan Gardens, Manila

One of his principal coadjutors in these reforms was his brother

Frederick Hill (1803-1896), whose Amount, Causes and Remedies of

Crime, the result of his experience as inspector of prisons for Scotland.

This marked an era in the methods of prison discipline. Hill was one of

the chief promoters of the Society for the Diffusion of Useful Knowledge,

and the originator of the Penny Magozine.

At about the same time, John Augustus, a shoemaker from

Boston, Massachusetts, USA started the rudimentary form of probation.

His method of providing bail for temporary suspension or postponement

of sentence during which he offered assistance by way of counsel, finding

homes, securing employment and helping the offenders solve their family

difficulties in adjustment. He interceded for youthful offenders and

alcoholics and placed them in his charge. Much of his practical

approach is still being utilized and adopted by probation officers

worldwide in the form of preliminary social investigation, interviewing,

family casework, foster home placement.

John Augustus a Boston shoe cobbler was held as The “Father of

Probation”. Even though there were traces of practices similar to his

system of probation dating back to 437 B.C.

 Antonio Villegas St., Mehan Gardens, Manila

The John Augustus plan for behavior rehabilitation. In fact John

August coined the word “probation” which he derived from the Latin

word “probare” which means “to prove, to test”.

In 1887, a law was passed in providing for the appointment of a

probation officer for the city of Boston. Edward N. Savage a former

Boston chief of police was named probation officer and was held as the

first probation officer employed by the government.

Probation was first introduced in the Philippines during the

American colonial period (1898 - 1945) with the enactment of Act No.

4221 of the Philippine Legislature on 7 August 1935. This law created a

Probation Office under the Department of Justice. On November 16,

1937, after barely two years of existence, the Supreme Court of the

Philippines declared the Probation Law unconstitutional because of some

defects in the law's procedural framework. In the celebrated case of

People vs. Vera, 376 O.G. 164. The Supreme Court penned down a

decision declaring the said law as unconstitutional on the ground that it

was considered class legislation, it encroached upon the pardoning

power of the chief executive and violated the equal protection clause.

In 1972, House Bill No. 393 was filed in Congress, which would

establish a probation system in the Philippines. This bill avoided the

 Antonio Villegas St., Mehan Gardens, Manila

objectionable features of Act 4221 that struck down the 1935 law as

unconstitutional.

The bill was passed by the House of Representatives, but was

pending in the Senate when Martial Law was declared and Congress was

abolished. Briefly after World War II, the extensive use of probation

spread throughout the world. The trend of corrections moved toward the

constructive treatment of offenders outside prison walls. It was

attributed to the increase of social services and the improvement of

casework methods. Briefly after World War II, the extensive use of

probation spread throughout the world. The trend of corrections moved

toward the constructive treatment of offenders outside prison walls. It

was attributed to the increase of social services and the improvement of

casework methods.

Aware of the needs of the criminal justice system of the country,

Congressmen Teodulo C. Natividad, and Ramon D. Bagatsing introduced

House Bill 393 entitled “ An Act Establishing Probation in the

Philippines; Providing Probation Officers Therefore and for Other

Purposes.”

The turning point of the Probation law came on November 13,

1974 when Juan Ponce Enrile, National Defense Secretary and

concurrent chairman of the National Police Commission created the

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Inter-Disciplinary Committee on Crime Prevention. Commissioner

Teodulo Natividad was appointed chairman, with four members

representing the criminal justice system they were tasked to draft the

adult probation decree.

In 1975, the National Police Commission Interdisciplinary drafted a

Probation Law. After 18 technical hearings over a period of six months,

the draft decree was presented to a selected group of 369 jurists,

penologists, civic leaders and social and behavioral scientists and

practitioners. The group overwhelmingly indorsed the establishment of

an Adult Probation System in the country.

On his assumption as NAPOLCOM Chairman early January 1976,

Natividad created a technical national strategy to reduce crime. A

seminar on the Probation system was conducted on April 26 1976 under

the auspices of the IDC sponsored by the NAPOLCOM and the Integrated

National Police. It was held at the University of the Philippines Law

Center, and was participated by a total number of 369 delegates from the

five pillars of the criminal justice system. The draft or proposal of the

adult probation decree after careful review by the multi-sectoral experts

gained favorable support. The final draft was approved by the

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NAPOLCOM and was favorably indorsed by the Secretary of National

Defense and the Secretary of Justice to President Ferdinand E. Marcos.

The Supreme Court after scrutiny favored the adoption of the Probation

Law and it played a vital role in the final approval of the Probation Law.

On July 22-24, 1976, the First National Conference on a Strategy

to Reduce Crime was held at Camp Aguinaldo. The forum was attended

by nearly 800 participants. It was during the final day of the conference,

the historic signing of Presidential Decree 968, otherwise known as the

Probation Law of 1976 was signed into law by His Excellency Ferdinand

E. Marcos. On 24 July 1976, Presidential Decree No. 968, also known as

Adult Probation Law of 1976, was signed into Law by the President of the

Philippines.

The operationalization of the probation system in 1976-1977 was a

massive undertaking during which all judges and prosecutors nationwide

were trained in probation methods and procedures; administrative and

procedural manuals were developed; probation officers recruited and

trained, and the central agency and probation field offices organized

throughout the country. Fifteen selected probation officers were sent to

 Antonio Villegas St., Mehan Gardens, Manila

U.S.A. for orientation and training in probation administration. Upon

their return, they were assigned to train the newly recruited probation

officers.

The probation system started to operate on 3 January 1978. As

more probation officers were recruited and trained, more field offices

were opened. There are at present 204 field offices spread all over the

country, supervised by 15 regional offices.

FORERUNNERS OF PROBATION:

The following practices were regarded by penologists as the precursors

for probation:

(1) Benefit of the clergy- during the time where the influence of the

church has been so vast that even monarchs follow its decree, an

erring member of the clergy who has been brought to trial to be

examined by the king’s court may be claimed by the bishop or

chaplain on the grounds that clergymen are subject to the

authority and jurisdiction of ecclesiastical courts. Leniency has

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been manifested in sentencing of said offenders if found guilty by a

jury consisting of 12 clerks.

(2) Judicial Reprieve- Another means of reducing the severity of

penalties and harshness of punishment was a temporary

suspension of the sentence imposed by the court, this would

provide the convicted offender ample time to petition the crown for

either an absolute pardon or conditional pardon. English courts

had practiced said method when death penalty has been imposed

under the condition that said offenders accept exile or deportation.

(3) Recognizance- This was viewed as the practice which led to the

development of probation service in the year 1861. It is an old

method of deferring judgment involving an obligation or promise on

the part of the offender sworn under court order not to violate any

law in the future and release is obtained granting that those

conditions were met.

 Antonio Villegas St., Mehan Gardens, Manila

(4) Transportation- this refers to the old practice of exile or

banishment which lasted for an approximate period covering two

centuries as the primary method of dealing with criminal offenders.

Colonies who benefited from this method of dispensing with

prisoners got cheaper labor as a substitute for a harsh penalty.

The continent of Australia and the South America were the usual

destination for transported prisoners.

COURT SYSTEMS

JURISDICTION

Courts or tribunals refer to a branch of government established to

administer the civil and criminal law. The term court is also applied to

the international tribunals intended to grant for the resolution at law of

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controversies among governments, namely, the Permanent Court of

International Justice, established by the League of Nations after World

War I, and by the International Court of Justice, established by the

United Nations after World War II.

The more usual general classifications are courts of record and

courts not of record; courts of superior jurisdiction and courts of inferior

jurisdiction; trial courts and appellate courts; and civil courts and

criminal courts.

In courts of record the proceedings are recorded entirely; no

detailed record is made of the proceedings in courts not of record. Police

and magistrate's courts in the United States are in nearly all cases

courts not of record.

Courts of superior jurisdiction, often referred to as higher courts or

appellate courts, are generally those to which appeals are made from

decisions of courts of inferior jurisdiction, referred to as lower courts,

inferior courts or trial courts.

Civil and criminal courts deal with cases arising from violations of

the civil law and the criminal law, respectively. The judicial organs of

military institutions are called military courts.

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Courts with special, limited jurisdictions are known by the names

of those jurisdictions. For example, probate or surrogate's courts are

tribunals dealing with the probate of wills and the disposition of estates;

military courts have jurisdiction over violations by military personnel;

and admiralty courts have jurisdiction over cases arising from maritime

contracts and from violations of maritime law.

Other courts are designated by the territorial limits of their

jurisdictions. Included in this classification are the territorial and state

courts of the United States and the county courts of the U.S. and Great

Britain. Municipal courts usually are criminal courts; however, a number

have restricted civil jurisdiction.

The recognized existence of even ancient courts implies a relatively

high degree of social organization and the need for systematic

adjudication of disputes on the basis of established customs and

consciously formulated rules of social conduct.

Archaeologists and anthropologists have recognized the existence

of courts in simple societies over wide areas of Asia, Africa, and Europe;
 Antonio Villegas St., Mehan Gardens, Manila

courts were not as widespread among the Native Americans of North and

South America.

Primitive courts formed part of a complex social structure in which

administrative, judicial, and religious functions were combined. These

courts were held in the open or in religious temples and more often than

not, the judges or magistrates were priests. Those who attended were

recognized as part of the court, whether or not they had an immediate

interest in the proceedings or in the judgments rendered. The

proceedings consisted in large part of rituals intended to secure the

redress of grievances presented by individuals against other individuals.

In the highly developed civilizations of antiquity, particularly those

of Assyria and Egypt, judicial and executive functions were

undifferentiated and were centralized in the monarch as head of state.

Insight into the organization and functions of Babylonian courts of the

18th century BC was obtained when the ancient legal document known

as the Code of Hammurabi was discovered early in the 20th century.

In the judicial system of ancient Athens, a distinctive feature,

introduced by the lawgiver Solon in the 6th century BC, was the right of
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aggrieved litigants to appeal the decisions of magistrates to the people of

Athens, assembled as a heliaia (“public assembly”).

In later years, these assemblies, referred to as heliastic courts,

became courts of first resort presided over by judges who prepared cases

for trial. The heliastic courts consequently became unwieldy, and they

were divided into sections called dicasteries.

The evolution of courts in ancient Rome was evident by the

development of a complex structure in which criminal, civil, and other

jurisdictions were differentiated and were exercised by separate courts

and officials.

Violations of criminal law were prosecuted by the state; higher and

lower courts were organized; the right of appeal was judicially assured;

and a corps of professional jurists was established for the first time in

the history of Mediterranean civilization.

After Christianity became the state religion of Rome, the

ecclesiastical courts, established by Christians who had refused to have

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recourse to pagan courts, became a part of the Roman legal system. As

the Roman Empire disintegrated, the ecclesiastical courts survived and

assumed jurisdiction over secular affairs.

Medieval courts were a consequence of the tribal courts of the

Germanic peoples, among whom the highest judicial authority was that

of the popular assemblies that met regularly throughout the year. The

tribal magistrates supervised the proceedings and executed the

judgments rendered by the assemblies. During the progress of the

Germanic tribal organization into territorial states, the primitive tribal

courts underwent a corresponding evolution, increasing in number and

becoming differentiated. Among the new qualities of this Teutonic system

were a royal court, presided over by the king and patterned after the

Roman system of courts; special lower courts under the control of royal

officials who were called Grafen, which handled minor matters; and,

later, a corps of permanent lay judges, with power to render judgments.

In the 8th century, when the Germanic territorial states were part

of the realm of Charlemagne, the Teutonic judicial system experienced a

further momentous development: the practice, initiated by Charlemagne,

of dispatching royal commissioners to examine the functioning of local

 Antonio Villegas St., Mehan Gardens, Manila

courts and, when necessary, to supplement the justice they dispensed.

In this improvement were the seeds of three later important legal

developments: assize courts, circuit courts, anda central legal authority.

A significant innovation during the reign of Edward I was provision

for doing justice in situations in which the common law failed to afford a

remedy to aggrieved litigants. This supplemental procedure of justice was

administered by the Crown through the Lord Chancellor and was called

chancery, or equity, jurisprudence.

In the centuries after the signing of the Magna Carta, Parliament

attained appellate jurisdiction over both civil and criminal cases. This

function was subsequently confined to the House of Lords and has

survived to the present day. In 1701, Parliament enacted legislation

establishing tenure of office for judges and made their removal from

office conditional on the concurrence of Parliament, thus completing the

separation of judicial from executive and legislative governmental

powers.

In France, the development of the judicial system after the break-

up of the Carolingian Empire was comparable to that in England: Both

 Antonio Villegas St., Mehan Gardens, Manila

involved the vesting of central legal authority in the Crown after a

prolonged struggle with feudal manorial courts. The basic features of the

judicial system now in effect in France were established after the French

Revolution of 1789 by the Code Napoleon. This system consists of lower

courts of wide jurisdiction, intermediate courts of appeal, a court to

resolve jurisdictional conflicts among courts, and a supreme appellate

tribunal called the Court of Cassation. Many European and Latin

American judicial systems are patterned on that of France.

In the Islamic world, the Koran is the source of law; justice

traditionally has been dispensed by specially trained priests in

conjunction with the king, or sultan.

In the 20th century, this system still exists in such Islamic

countries as Yemen and Saudi Arabia. In Turkey, however, executive,

legislative, and judicial functions have been separated, and a judicial

system similar to those of Western countries has developed.

In other Middle Eastern and Asian countries that have attained

independence since World War II, notably Sri Lanka, India, and Israel,
 Antonio Villegas St., Mehan Gardens, Manila

the courts also function similarly to those of the West, that is, as

relatively independent institutions within a parliamentary framework.

In Communist countries, the judicial system was usually patterned

after that of the USSR, which integrated a hierarchy of courts

culminating in a supreme court. In the former Yugoslavia, all judges,

even those of the highest tribunals, were elected, not appointed.

In the Philippines, legal power which is vested in the Supreme

Court, Court of Appeals, Regional Trial Courts and such other Inferior

Courts as may be established by law

The Federal Courts

The federal judiciary of the United States is one of the three co-equal

branches of the Federal government of the United States organized under

the United States Constitution and laws of the federal

government. Article III of the Constitution requires the establishment of a

Supreme Court and permits the Congress to create other federal courts,

and place limitations on their jurisdiction. Article III Federal judges are

appointed by the President with the consent of the Senate to serve until

they resign, are impeached and convicted, retire, or die.

 Antonio Villegas St., Mehan Gardens, Manila

The federal courts are composed of three levels of courts.

The Supreme Court of the United States is the court of last resort. It is

generally an appellate court that operates under discretionary review,

which means that the Court can choose which cases to hear, by granting

of writs of certiorari. There is generally no right of appeal to the Supreme

Court. In a few situations (like lawsuits between state governments or

some cases between the federal government and a state) it sits as a court

of original jurisdiction.

The United States courts of appeals are the intermediate federal

appellate courts. They operate under a system of mandatory review

which means they must hear all appeals of right from the lower courts. In

some cases, Congress has diverted appellate jurisdiction to specialized

courts, such as the Foreign Intelligence Surveillance Court of Review.

The United States district courts (one in each of the 94 federal

judicial districts, as well three territorial courts) are general federal trial

courts, although in many cases Congress has diverted original

jurisdiction to specialized courts, such as the Court of International

Trade, the Foreign Intelligence Surveillance Court, the Alien Terrorist

Removal Court, or to Article I or Article IV tribunals. The district courts

 Antonio Villegas St., Mehan Gardens, Manila

usually have jurisdiction to hear appeals from such tribunals (unless, for

example, appeals are to the Court of Appeals for the Federal Circuit.)

Federal judges, like Supreme Court Justices, are appointed by

the President with the consent of the Senate to serve until they resign,

are impeached and convicted, retire, or die.

In April 2013, about 10 percent of federal seats were vacant, with

85 of 856 positions unfilled and 4 vacancies on the prestigious Court of

Appeals for the District of Columbia Circuit. The high vacancy rate has

been attributed to politics, particularly Senate filibustering of potential

appointees by Senators. 

In many cases there is no nominee for the position; however, the

Senate has a tradition of senatorial courtesy in which nominees are only

considered if the home senators approve. In May 2013 Congressional

Research Service published a paper analyzing the vacancies and

appointment process.

Under Article I of the federal Constitution, Congress also has the

power to establish other tribunals, which are usually quite specialized,

within the executive branch to assist the President in the execution of his

powers. Judges who staff them normally serve terms of fixed duration, as

do magistrate judges who assist Article III judges. Judges in Article I

tribunals attached to executive branch agencies are referred to

 Antonio Villegas St., Mehan Gardens, Manila

as administrative law judges (ALJs) and are generally considered to be

part of the executive branch even though they exercise quasi-judicial

powers. With limited exceptions, they cannot render final judgments in

cases involving life, liberty, and private property rights, but may make

preliminary rulings subject to review by an Article III judge.

Legal procedure

The Supreme Court has interpreted the Constitution as placing

some additional restrictions on the federal courts. For example, the

doctrines of mootness, ripeness, and standingprohibit district courts

from issuing advisory opinions. Other doctrines, such as the abstention

doctrine and the Rooker-Feldman doctrine limit the power of lower

federal courts to disturb rulings made by state courts.

The Erie doctrine requires federal courts to apply substantive state law

to claims arising from state law (which may be heard in federal courts

under supplemental or diversity jurisdiction). In difficult cases, the

federal courts must either guess as to how a court of that state would

decide the issue or, if that state acceptscertified questions from federal

 Antonio Villegas St., Mehan Gardens, Manila

courts when state law is unclear or uncertain, ask an appellate court of

that state to decide the issue.

Notably, the only federal court that can issue proclamations of

federal law that bind state courts is the Supreme Court itself. Decisions

of the lower federal courts, whether on issues of federal law or state law

(i.e., the question was not certified to a state court), are persuasive but

not binding authority in the states in which those federal courts sit.

Some commentators assert that another limitation upon federal

courts is executive nonacquiescence in judicial decisions, where the

executive simply refuses to accept them asbinding precedent.[5][6] In the

context of administration of U.S. internal revenue laws by the Internal

Revenue Service, nonacquiescences (published in a series of documents

called Actions on Decisions) "generally do not affect the application of

stare decisis or the rule of precedent". The IRS "will recognize these

principles and generally concede issues accordingly during

administrative proceedings." In rare cases, however, the IRS may

 Antonio Villegas St., Mehan Gardens, Manila

continue to litigate a legal issue in a given circuit even where the IRS has

already lost a case on that issue in that circuit.

The U.S. Constitution is the supreme law of the land in the United

States. It creates a federal system of government in which power is

shared between the federal government and the state governments. Due

to federalism, both the federal government and each of the state

governments have their own court systems. Discover the differences in

structure, judicial selection, and cases heard in both systems.

Court Structure

The Federal Court System The State Court System

Article III of the Constitution The Constitution and laws of each

invests the judicial power of the state establish the state courts. A

United States in the federal court court of last resort, often known

system. Article III, Section 1 as a Supreme Court, is usually

 Antonio Villegas St., Mehan Gardens, Manila

specifically creates the U.S. the highest court. Some states

Supreme Court and gives also have an intermediate Court of

Congress the authority to create Appeals. Below these appeals

the lower federal courts. courts are the state trial courts.

Some are referred to as Circuit or

District Courts.

Congress has used this power to States also usually have courts

establish the 13 U.S. Courts of that handle specific legal matters,

Appeals, the 94 U.S. District e.g., probate court (wills and

Courts, the U.S. Court of Claims, estates); juvenile court; family

and the U.S. Court of court; etc.

International Trade. U.S.

Bankruptcy Courts handle

bankruptcy cases. Magistrate

Judges handle some District

Court matters.

Parties dissatisfied with a decision Parties dissatisfied with the

of a U.S. District Court, the U.S. decision of the trial court may
 Antonio Villegas St., Mehan Gardens, Manila

Court of Claims, and/or the U.S. take their case to the intermediate

Court of International Trade may Court of Appeals.

appeal to a U.S. Court of Appeals.

A party may ask the U.S. Parties have the option to ask the

Supreme Court to review a highest state court to hear the

decision of the U.S. Court of case.

Appeals, but the Supreme Court

usually is under no obligation to

do so. The U.S. Supreme Court is

the final arbiter of federal

constitutional questions.

 
Only certain cases are eligible for

review by the U.S. Supreme Court.

 Antonio Villegas St., Mehan Gardens, Manila

Selection of Judges

The Federal Court System The State Court System

The Constitution states that State court judges are

federal judges are to be nominated selected in a variety of ways,

by the President and confirmed by including

the Senate.
- election,

- appointment for a given number of

They hold office during good years,

behavior, typically, for life. - appointment for life, and

Through Congressional
- combinations of these methods,
impeachment proceedings, federal
e.g., appointment followed by
judges may be removed from office
election.
for misbehavior.
 Antonio Villegas St., Mehan Gardens, Manila

Types of Cases Heard

The Federal Court System The State Court System

- Cases that deal with the - Most criminal cases, probate

constitutionality of a law; (involving wills and estates)

- Cases involving the laws and - Most contract cases, tort cases

treaties of the U.S.; (personal injuries), family law

(marriages, divorces, adoptions),

- Cases involving ambassadors and
etc.
public ministers;

- Disputes between two or more State courts are the final arbiters

states; of state laws and constitutions.

Their interpretation of federal law

- Admiralty law;
or the U.S. Constitution may be
- Bankruptcy; and
appealed to the U.S. Supreme

- Habeas corpus issues. Court. The Supreme Court may

choose to hear or not to hear

such cases.
 Antonio Villegas St., Mehan Gardens, Manila

Juvenile delinquency is an anti-social behavior or act which differs

from the normal model of set of laws and parameters, culture, custom

which society in broad-spectrum does not conform. Juvenile delinquency

generally refers to youth behavior which is against norm and regulations

of society, which if left unchecked would give rise to criminality.

The prevention of juvenile delinquency is an essential part of crime

prevention in society. The saying an ounce of prevention is better than a

pound of cure would clearly manifest the importance of misbehavior

deterrence among our youth.

By engaging in lawful, socially useful activities and adopting a

humanistic orientation towards society and outlook on life, young

persons can develop non-criminogenic attitudes. The successful

prevention of juvenile delinquency requires efforts on the part of the

entire society to ensure the harmonious development of adolescents, with

respect for and promotion of their personality from early childhood.

Young persons should have an active role and partnership within

society and should not be considered as mere objects of control and

 Antonio Villegas St., Mehan Gardens, Manila

socialization. Furthermore, the well-being of young persons from their

early childhood should be the focus of any preventive program.

THE NATURE OF DELINQUENCY

Children were treated as non-persons until the 1700's. They did

not receive special treatment or respect. Discipline at that time is what

we now describe as abuse. There were some major theories about life

before the 1700's. The first assumption is that life was difficult, and you

had to be fierce to survive. The people of that period in history did not

have the conveniences that we take for granted. For example, the medical

practices of that day were primitive in comparison to present-day

medicine. Marriages were more for convenience, rather than for child-

bearing or romance.

The second notion was that infant and child mortality were high. It

did not make sense to the parents in those days to create an emotional

bond with children. There was a strong chance that the children would

not survive until adulthood.

The beginning of Childhood.

 Antonio Villegas St., Mehan Gardens, Manila

At the end of the 18th century, "The Enlightenment" appeared as a

new cultural transition. This period of history is sometimes known as the

beginning of humanism and reason. People began to see children as

flowers, which needed fostering in order to bloom. It was the invention of

childhood, love and nurturing instead of beatings to stay in line. The

youth had finally begun to emerge as a distinct group. It started with the

upper-class, who was permitted to attend colleges and universities.

Innovations

Throughout all time there has been delinquency. It may not have

had the delinquency label, but it still existed. In ancient Britain, children

at the age of seven were tried, convicted, and punished as adults. There

was no special treatment for them, a hanging was a hanging. This dates

back with the classical period. Juvenile crime is mentioned as far back

as ancient Sumeria and Hammurabi, where laws concerning juvenile

offenders first appear in written form.

Industrialization.
 Antonio Villegas St., Mehan Gardens, Manila

Industrialization set into motion the practices needed for modern

juvenile delinquency. The country had gone from agriculture to machine-

based labor-intensive production. Subsistence farming quickly turned

into profit making. People who were displaced from their farm work

because of machinery were migrating to the city to find work. This led to

urbanization in such places as Chicago, which in turn caused the cities

to burst at the seams.

Urbanization.

There was a massive increase in the amount of movable goods that

were produced. These transient goods were easy to steal. The stealing of

these goods made property crime rise immensely in these urban centers.

The wealth of the upper-class increased, and stealing became a way of

living. These large urban centers also produced another problem. The

work place was now estranged from the home. During the tough times

both parents took employment. There was also very little for the youths

to do, especially when school was not in session. It was then that youths

were becoming increasingly unsupervised. These youths were largely

unemployed. Without supervision, and with movable goods easily

available, stealing became a way of life.

 Antonio Villegas St., Mehan Gardens, Manila

The massive influx of people to these urban areas overwhelmed

society. The factories could not keep up, and unemployment became a

factor. Poverty became widespread.

Salvage Attempts.

Poorhouses were created to keep youthful offenders away from

trouble. The idea behind them was to take the children of the

"dangerous" classes out of their "dangerous environment." Kids were

thought to be salvageable needed to be saved. The majority of these

children were rounded up for the crime of being poor, not because they

committed a crime. These houses, sometimes referred as reform schools,

were very harsh. This was contradictory to the ideas the they needed

nurturing and love. In New York, houses of refuge were created to do the

same. The houses eventually became overfilled, and children were sent

out West as indentured servants. As many as 50,000 children were

shipped out. Some of them never were allowed to have contact with their

parents again.

Industrialization and urbanization played a tremendous role in the

modern era of Juvenile Delinquency. A lot of these factors are true today.
 Antonio Villegas St., Mehan Gardens, Manila

Many more farms are going bankrupt. Unemployment is still a factor

with the youth of today. We are a culture that values material wealth

over and above all. Youth who have no money to live the way they want

will often turn to crime as a way to satisfy themselves. As our nation

changes, the way in which juveniles are treated will also have to change.

The current trends in Juvenile Delinquency have an impact on how we

view the problem.

Children Below the Age of Criminal Responsibility.– If it has been

determined that the child taken into custody is fifteen (15) years old or

below, the authority which will have an initial contact with the child has

the duty to immediately release the child to the custody of his/her

parents or guardian, or in the absence thereof, the child’s nearest

relative. Said authority shall give notice to the local social welfare and

development officer who will determine the appropriate programs in

consultation with the child and to the person having custody over the

child. If the 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 Barangay Council for the Protection

 Antonio Villegas St., Mehan Gardens, Manila

of Children (BCPC); a local social welfare and development officer; or,

when and where appropriate, the DSWD.

Procedure for Taking the Child into Custody. – From the moment a

child is taken into custody, the law enforcement officer shall:

(a) Explain to the child in simple language and in a dialect that

he/she can understand why he/she is being placed under custody

and the offense that he/she allegedly committed;

(b) Inform the child of the reason for such custody and advise the

child of his/her constitutional rights in a language or dialect

understood by him/her;

(c) Properly identify himself/herself and present proper

identification to the child;

(d) Refrain from using vulgar or profane words and from sexually

harassing or abusing, or making sexual advances on the child in

conflict with the law;

 Antonio Villegas St., Mehan Gardens, Manila

(e) Avoid displaying or using any firearm, weapon, handcuffs or

other instruments of force or restraint, unless absolutely necessary

and only after all other methods of control have been exhausted

and have failed;

(f) Refrain from subjecting the child in conflict with the law to

greater restraint than is necessary for his/her apprehension;

(g) Avoid violence or unnecessary force;

(h) Determine the age of the child pursuant to Section 7 of this Act;

(i) Immediately but not later than eight (8) hours after

apprehension, turn over custody of the child to the social welfare

and development office or other accredited non-government

organizations, and notify the child’s parents/guardians and Public

Attorney’s Office of the child’s apprehension. The social welfare

and development officer shall explain to the child and the child’s

parents/guardians the consequences of child’s act with a view

towards counseling and rehabilitation, diversion from the criminal

justice system, and reparation, if appropriate;

 Antonio Villegas St., Mehan Gardens, Manila

(j) Take the child immediately to the proper medical and health

officer for a thorough physical and mental examination. The

examination results shall be kept confidential unless otherwise

ordered by the Family Court. Whenever the medical treatment is

required, steps shall be immediately undertaken to provide the

same;

(k) Ensure that should detention of the child in conflict with the

law be necessary, the child shall be secured in quarters separate

from that of the opposite sex and adult offenders;

(l) Record the following in the initial investigation:

(1) Whether handcuffs or other instruments of restraint were

used, and if so, the reason for such;

(2) That the parents or guardian of a child, the DSWD, and

the PAO have been duly informed of the apprehension and

the details thereof; and

 Antonio Villegas St., Mehan Gardens, Manila

(3) The exhaustion of measures to determine the age of a

child and the precise details of the physical and medical

examination or the failure to submit a child to such

examination; and

(m) Ensure that all statements signed by the child during

investigation shall be witnessed by the child’s parents or guardian,

social worker, or legal counsel in attendance who shall affix

his/her signature to the said statement. A child in conflict with the

law shall only be searched by a law enforcement officer of the same

gender and shall not be locked up in a detention cell.

Duties During Initial Investigation –The law enforcement officer

shall, in his/her investigation, determine where the case involving the

child in conflict with the law should be referred. The taking of the

statement of the child shall be conducted in the presence of the

following:

(1) child’s counsel of choice or in the absence thereof, a lawyer

from the Public Attorney’s Office;

 Antonio Villegas St., Mehan Gardens, Manila

(2) the child’s parents, guardian, or nearest relative, as the case

may be; and

(3) the local social welfare and development officer.

In the absence of the child’s parents, guardian, or nearest relative,

and the local social welfare and development officer, the investigation

shall be conducted in the presence of a representative of an NGO,

religious group, or member of the BCPC.

After the initial investigation, the local social worker conducting

the same may do either of the following: (a) Proceed in accordance with

Section 20 if the child is fifteen (15) years or below or above fifteen (15)

but below eighteen (18) years old, who acted without discernment; and

(b) If the child is above fifteen (15) years old but below eighteen (18) and

who acted with discernment, proceed to diversion under the following

chapter.

System of Diversion. – Children in conflict with the law shall undergo

diversion programs without undergoing court proceedings subject to the

conditions herein provided:

 Antonio Villegas St., Mehan Gardens, Manila

(a) Where the imposable penalty for the crime committed is not

more than six (6) years imprisonment, the law enforcement officer

or Punong Barangay with the assistance of the local social welfare

development officer or other members of the LCPC shall conduct

mediation, family conferencing and conciliation and, where

appropriate, adopt indigenous modes of conflict resolution in

accordance with the best interest of the child with a view to

accomplishing the objectives of restorative justice and the

formulation of a diversion program. The child and his/her family

shall be present in these activities.

(b) In victimless crimes where the imposable penalty is not more

than six (6) years imprisonment, the local social welfare and

development officer shall meet with the child and his/her parents

or guardians for the development of the appropriate diversion and

rehabilitation program, in coordination with the BCPC;

(c) Where the imposable penalty for the crime committed exceeds

six (6) years imprisonment, diversion measures may be resorted to

only by the court.

 Antonio Villegas St., Mehan Gardens, Manila

Stages Where Diversion May be Conducted. – Diversion may be conducted

at the Katarungang Pambarangay, the police investigation or the inquest

or preliminary investigation stage and at all levels and phases of the

proceedings including judicial level.

Conferencing, Mediation and Conciliation. - A child in conflict with law

may undergo conferencing, mediation or conciliation outside the criminal

justice system or prior to his entry into said system. A contract of

diversion may be entered into during such conferencing, mediation or

conciliation proceedings.

Contract of Diversion. – If during the conferencing, mediation or

conciliation, the child voluntarily admits the commission of the act, a

diversion program shall be developed when appropriate and desirable as

determined under Section 30. Such admission shall not be used against

the child in any subsequent judicial, quasi-judicial or administrative

proceedings. The diversion program shall be effective and binding if

accepted by the parties concerned. The acceptance shall be in writing

and signed by the parties concerned and the appropriate authorities. The

local social welfare and development officer shall supervise the

implementation of the diversion program. The diversion proceedings shall

be completed within forty-five (45) days. The period of prescription of the

 Antonio Villegas St., Mehan Gardens, Manila

offense shall be suspended until the completion of the diversion

proceedings but not to exceed forty-five (45) days. The child shall present

himself/herself to the competent authorities that imposed the diversion

program at least once a month for reporting and evaluation of the

effectiveness of the program.

Failure to comply with the terms and conditions of the contract of

diversion, as certified by the local social welfare development officer,

shall give the offended party the option to institute the appropriate legal

action. The period of prescription of the offense shall be suspended

during the effectivity of the diversion program, but not exceeding a period

of two (2) years.

Duty of the Punong Barangay When There is No Diversion. – If the

offense does not fall under Section 23(a) and (b), or if the child, his/her

parents or guardian does not consent to a diversion, the Punong

Barangay handling the case shall, within three (3) days from

determination of the absence of jurisdiction over the case or termination

of the diversion proceedings, as the case may be, forward the records of

the case of the child to the law enforcement officer, prosecutor or the

appropriate court, as the case may be. Upon the issuance of the

corresponding document, certifying to the fact that no agreement has

 Antonio Villegas St., Mehan Gardens, Manila

been reached by the parties, the case shall be filed according to the

regular process.

Duty of the Law Enforcement Officer When There is No Diversion. – If

the offense does not fall under Section 23(a) and (b), or if the child,

his/her parents or guardian does not consent to a diversion, the Women

and Children Protection Desk of the PNP, or other law enforcement

officer handling the case shall, within three (3) days from determination

of the absence of jurisdiction over the case or termination of diversion

proceedings, forward the records of the case of the child under custody,

to the prosecutor or judge concerned for the conduct of inquest and/or

preliminary investigation to determine whether or not the child should

remain under custody and correspondingly charged in court.

The document transmitting said records shall display the word

“CHILD” in bold letters.

Factors in Determining Diversion Program. – In determining whether

diversion is appropriate and desirable, the following factors shall be

taken into consideration:

(a) The nature and circumstances of the offense charged;

 Antonio Villegas St., Mehan Gardens, Manila

(b) The frequency and the severity of the act;

(c) The circumstances of the child (e.g. age, maturity, intelligence,

etc.);

(d) The influence of the family and environment on the growth of

the child;

(e) The reparation of injury to the victim;

(f) The weight of the evidence against the child;

(g) The safety of the community; and

(h) The best interest of the child.

Formulation of the Diversion Program. – In formulating a diversion

program, the individual characteristics and the peculiar circumstances of

the child in conflict with the law shall be used to formulate an

 Antonio Villegas St., Mehan Gardens, Manila

individualized treatment. The following factors shall be considered in

formulating a diversion program for the child:

(a) The child’s feelings of remorse for the offense he/she

committed;

(b) The parents’ or legal guardians’ ability to guide and supervise

the child;

(c) The victim’s view about the propriety of the measures to be

imposed; and

(d) The availability of community-based programs for rehabilitation

and reintegration of the child.

Kinds of Diversion Program. – The diversion program shall include

adequate socio-cultural and psychological responses and services for the

child. At the different stages where diversion may be resorted to, the

following diversion programs may be agreed upon, such as, but not

limited to:
 Antonio Villegas St., Mehan Gardens, Manila

(a) At the level of the Punong Barangay:

(1) Restitution of property;

(2) Reparation of the damage caused;

(3) Indemnification for consequential damages;

(4) Written or oral apology;

(5) Care, guidance and supervision orders;

(6) Counseling for the child in conflict with the law and the child’s

family;

(7) Attendance in trainings, seminars and lectures on:

(i) anger management skills;

(ii) problem solving and/or conflict resolution skills;

(iii) values formation; and

(iv) other skills which will aid the child in dealing with situations

which can lead to repetition of the offense;

 Antonio Villegas St., Mehan Gardens, Manila

(8) Participation in available community-based programs, including

community service; or

(9) Participation in education, vocation and life skills programs.

(b) At the level of the law enforcement officer and the prosecutor:

(1) Diversion programs specified under paragraphs (a)(1) to (a)(9)

herein; and

(2) Confiscation and forfeiture of the proceeds or instruments of

the crime;

(c) At the level of the appropriate court:

(1) Diversion programs specified under paragraphs (a) and (b)

above;

(2) Written or oral reprimand or citation;

(3) Fine;

(4) Payment of the cost of the proceedings; or

(5) Institutional care and custody.

 Antonio Villegas St., Mehan Gardens, Manila

Duty of the Prosecutor’s Office. – There shall be a specially trained

prosecutor to conduct inquest, preliminary investigation and prosecution

of cases involving a child in conflict with the law. If there is an allegation

of torture or ill-treatment of a child in conflict with the law during arrest

or detention, it shall be the duty of the prosecutor to investigate the

same.

Preliminary Investigation and Filing of Information. – The prosecutor shall

conduct a preliminary investigation in the following instances:

(a) when the child in conflict with the law does not qualify for

diversion;

(b) when the child, his/her parents or guardian does not agree to

diversion as specified in Sections 27 and 28; and

(c) when 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. Upon serving the
 Antonio Villegas St., Mehan Gardens, Manila

subpoena and the affidavit of complaint, the prosecutor shall notify

the Public Attorney’s Office of such service, as well as the personal

information, and place of detention of the child in conflict with the

law.

Upon determination of probable cause by the prosecutor, the

information against the child shall be filed before the Family Court

within forty-five (45) days from the start of the preliminary investigation.

Chapter 4. Court Proceedings

SEC. 34. Bail. – For purposes of recommending the amount of bail, the

privileged mitigating circumstance of minority shall be considered.

SEC. 35. Release on Recognizance. – Where a child is detained, the court

shall order:

(a) the release of the minor on recognizance to his parents and

other suitable persons;

 Antonio Villegas St., Mehan Gardens, Manila

(b) the release of the child in conflict with the law on bail; or

(c) the transfer of the minor to a youth detention home/youth

rehabilitation center.

The court shall not order the detention of a child in a jail pending

trial or hearing of his/her case.

Detention of the Child Pending Trial. – Children detained pending

trial may be released on bail or recognizance as provided for under

Sections 34 and 35 under this Act. In all other cases and whenever

possible, detention pending trial may be replaced by alternative

measures, such as close supervision, intensive care or placement with a

family or in an educational setting or home. Institutionalization or

detention of the child pending trial shall be used only as a measure of

last resort and for the shortest possible period of time.

Whenever detention is necessary, a child will always be detained in

youth detention homes established by local governments, pursuant to

Section 8 of the Family Courts Act, in the city or municipality where the

child resides.
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In the absence of a youth detention home, the child in conflict with

the law may be committed to the care of the DSWD or a local

rehabilitation center recognized by the government in the province, city

or municipality within the jurisdiction of the court. The center or agency

concerned shall be responsible for the child’s appearance in court

whenever required.

Diversion Measures. – Where the maximum penalty imposed by law

for the offense with which the child in conflict with the law is charged is

imprisonment of not more than twelve (12) years, regardless of the fine or

fine alone regardless of the amount, and before arraignment of the child

in conflict with the law, the court shall determine whether or not

diversion is appropriate.

Automatic Suspension of Sentence. – Once the child who is under

eighteen (18) years of age at the time of the commission of the offense is

found guilty of the offense charged, the court shall determine and

ascertain any civil liability which may have resulted from the offense

committed.

However, instead of pronouncing the judgment of conviction, the

court shall place the child in conflict with the law under suspended
 Antonio Villegas St., Mehan Gardens, Manila

sentence, without need of application: Provided, however, That

suspension of sentence shall still be applied even if the juvenile is

already eighteen years (18) of age or more at the time of the

pronouncement of his/her guilt. Upon suspension of sentence and after

considering the various circumstances of the child, the court shall

impose the appropriate disposition measures as provided in the Supreme

Court Rule on Juveniles in Conflict with the Law.

Discharge of the Child in Conflict with the Law. – Upon the

recommendation of the social worker who has custody of the child, the

court shall dismiss the case against the child whose sentence has been

suspended and against whom disposition measures have been issued,

and shall order the final discharge of the child if it finds that the

objective of the disposition measures have been fulfilled.

The discharge of the child in conflict with the law shall not affect

the civil liability resulting from the commission of the offense, which

shall be enforced in accordance with law.

Return of the Child in Conflict with the Law to Court. – If the court

finds that the objective of the disposition measures imposed upon the
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child in conflict with the law have not been fulfilled, or if the child in

conflict with the law has willfully failed to comply with the conditions of

his/her disposition or rehabilitation program, the child in conflict with

the law shall be brought before the court for execution of judgment.

If said child in conflict with the law has reached eighteen (18) years

of age while under suspended sentence, the court shall determine

whether to discharge the child in accordance with this Act, to order

execution of sentence, or to extend the suspended sentence for a certain

specified period or until the child reaches the maximum age of twenty-

one (21) years.