The Different Legal Provisions Guaranteeing the Rights and
Welfare of the Youth
OBJECTIVES
Law Relative to Juvenile Delinquency In the Philippines
Enforcement of the laws related to juvenile delinquency is
an important aspect of the entire prevention
measures or strategies. In the Philippines, the following
discussions are related to laws on juvenile delinquency.
Presidential Decree No. 603
- is the Child and Youth Welfare Code of the Philippines which took effect
six months after its approval in December 10, 1974 (June 10, 1975) applies to persons
below eighteen (18) years of
age (RA 6809 lowered the age of minority from 21 to 18 years of age), and such
persons are referred to as child, or
minor or youth.
Who is a Youth Offender under PD 603?
A youthful offender is a child, minor or youth, including one
who is emancipated in accordance with law, who is over nine years but
less than eighteen years of age at the time of
the commission of the offense. A child nine years of age or under at the
time of the offense shall be exempt from the
criminal liability and shall be committed to the care of his father or
mother, or nearest relative or family friend in the
discretion of the court and subject to its supervision.
The same shall be done for a child over nine years
and under fifteen years of age at the time of the
commission of the offense, unless he acted with
discernment, in which case he
shall be proceeded against in accordance with Article
192. The provisions of Article 80 of the Revised Penal
Code are repealed by the provisions of this chapter
(as amended by PD 1179, August 15, 1977).
PRESIDENTIAL DECREE 603
“THE CHILD AND YOUTH WELFARE CODE”
The child is one of the most important assets of
the nation. Every effort should be exerted to
promote his welfare
and enhance his opportunities for a useful and
happy life Declaration of Policy
(Art. 1 PD 603)
Such declaration of Policy was explicitly explained as:
The child is not a mere creature of' the state. Hence, his individual traits
and aptitudes should be cultivated
to the utmost insofar as they do not conflict with the general welfare. The
molding of character of me child start at
home. Consequently every member of family should strive to make the
home a wholesome and harmonious place as
its atmosphere and conditions will greatly influence the child's
development. Attachment to the home and strong
family ties should be encouraged but not to the extent of making the home
isolated and exclusive and unconcerned
with the interest of the community and the country.
The natural right and duty of parents in the rearing of the child for civic
efficiency should receive the aid
and support of the government; Other institutions, like school, the church,
the guild and me community in general,
should assist the home and the state in the endeavor to prepare the child
for the responsibilities of adulthood (Art 1,
PD 603)
HOME & INSTITUTION FOR JD’s:
What is Detention Home?
It is a (24) hour child caring institution providing short term resident care
for youthful offenders who are awaiting
court disposition of their cases or transfer to other agencies of
jurisdiction.
What is Shelter Care Institution?
It is one that provides temporary protection and care to children requiring
emergency reception as a result of
fortuitous event, abandonment by parents, dangerous conditions of neglect or
cruelty in the home, being without
adult care because of crisis in the family, or a court order holding them as
material witnesses.
What is a Child Caring Institution?
It is one that provides twenty-four (24) hour resident group care service for
the physical, mental social and spiritual
well-being of nine or more mentally gifted, dependent, abandoned,
neglected, abused, handicapped, disturbed or
youthful offenders.
The 7 Special Categories of Children?
A. Dependent Child – one who is without parent, guardian or custodian
or one whose parents, guardian or other
custodian for good cause desires to be relieved of his care and custody,
and is dependent upon the public support.
B. Abandoned Child – one who has no proper parental love or
guardianship or whose parents or guardian have
deserted him for a period of at least six continuous months.
C. Neglected Child – one whose basic needs have been deliberately
unattended or inadequately unattended.
THE TWO CLASSIFICATION OF NEGLECTED CHILD
•Physical Neglect - when a child is malnourished, ill-clad without proper
shelter; a child is unattended when
left by himself without provision of his needs and/or without proper
supervision.
•Emotional Neglect - when children are maltreated, raped or seduced;
when children are exploited,
overworked or made to work under conditions not conducive to good
health; or are made to beg in the
streets or public places, or when children are in moral danger; or
exposed to gambling, prostitution and
other vices.
D. Mentally Retarded Children - mentally retarded children are: Socially
incompetent, that is socially inadequate
and occupationally incompetent and unable to manage their own affairs.
Mentally subnormal Retarded intellectually
from birth or early stage; Retarded at maturity mentally deficient as a
result of constitutional origin; through
hereditary or disease; & essentially incurable.
Classification of Mental Retardation :
Custodial Group – The members of the classification are severely or profoundly ret
hence, the least
capable. These include those with IQ's to 25.
Trainable Group – members of this group consist of those IQ's from 25–about 50; t
shows a
mental level rate of development which is 1/4 to ½ that of average child, is unable to
higher
academic skills, but can usually acquire the basic skills for living to a reasonable degr
Educable Group – This group IQ ranges from 50–75 and the intellectual developme
approximately ^
to % of that expected of a normal child of the chronological age. The degree of succe
accomplishment
mat they will reach in ' life depends very much on the quality and types of education
well as on
the treatment at home and the community.
E. Physically Handicapped Children - physically handicapped children
are those who are crippled, deaf mute,
blind or otherwise defective which restricts their means of action on
communication with others (Art. 170, PD 603)
F. Emotionally Disturbed Children - emotionally disturbed children are
those who although not afflicted with
insanity or mental defects are unable to maintain normal social
relations with others & the community in general due
emotional problems or complexes (Art. 171, PD 603).
G. Mentally ill Children - mentally ill children are those with any
behavioral disorder, whether functional or
organic, which is of such degree of severity as to require professional
help or hospitalization.
Related Provisions of Act 3815 (Revised Penal Code) - The provision of
Article 189 on the exemption of
liability is the same as Article 12, par.2 and 3 of the Revised Penal
Code: “ The following are exempt from criminal
liability: xxx … person under 9 years of age; person over 9 years of age
and under 15 unless he acted with
discernment, in which case he shall be proceeded against in
accordance with Article 80 of this Code (now Article 192 of PD 603)
Article 13 of the Revised Penal Code also states: “The following are mitigating
circumstances: xxx 2. That
the offender is under 18 years of age, or over 70 years. In the case of the minor,
he shall be proceeded against in
accordance with the provisions of Article 80 (now Article 192, PD 603) xxx.” This
means that the minor offender
who is under 18 is entitled to special privileged mitigating circumstance, hence
cannot be off-set by aggravating
circumstances. Under Article 68 of the RPC, a minor who is over nine but under 15
is entitled to a penalty two
degrees lower than that provided by law; while a minor who is over 15 but under
18 is entitled to a penalty one
degree lower than that provided by law.
Article 190 - It shall be the duty of the law enforcement agency concerned to take
the youthful offender,
immediately after apprehension, to any available government medical or health
Article 191 - A youthful offender held for examination or trial or
pending appeal, if unable to furnish ball
from the time of his arrest, shall be committed to the care of the
DSWD, or local rehabilitation center in the locality;
if not available, the provincial, city or municipal jail shall provide
quarters for youthful offenders separate from
other detainees. The court may, in its discretion, upon
recommendation of the DSWD release the youthful offender
on recognizance to the custody of his parents or other suitable person
who shall be responsible for his appearance
whenever required. (If detained in jail, youthful offender is expected to
be escorted by a police officer every time the
court requires his appearance)
Article 192 - Suspension of Sentence and Commitment of Youthful Offenders - If
after hearing, the court
finds that the youthful offender has committed the act charged against him, the
court should determine the
imposable penalty including the civil liability. (However, instead of pronouncing
judgment of conviction, the court,
upon application of the youthful offender and if it finds that the best interest of
the public as well as that of the
youthful offender will be served thereby, shall suspend all further proceedings and
shall commit such minor to the
custody or care of the DSWD or any training institution or responsible person until
he shall have reached 21 years of
age, or for a shorter period as the court may deem proper after considering the
reports and recommendations of the
institution or person under whose care he has been committed). Under RA 8369,
the judgment is promulgated and
The benefits of this article does not apply to a youthful offender who was once
enjoyed suspension of
sentence under its provisions or to one who is convicted of an offense punishable
by death or life imprisonment or to
one who is convicted for an offense by the Military Tribunals. (As amended by PD
1179 and PD 1210, October 11,
1978).
Article 194 - Care and Maintenance of Youthful Offenders - Parents are primarily
liable to support him, if
not then the municipality; province; or the national government.
Article 195- Report on Conduct of Child. DSWD or government training institution
or individual under
whose care the Youthful Offender has been committed – to submit to court every
4 months or oftener as may be
required to special cases a written report on the conduct of the YO as well as the
intellectual, physical, moral, social
Article 196- Dismissal of the Case - If it is shown to the satisfaction of the court
that the youthful offender
whose sentenced has been suspended, has behaved properly and has shown his
capability to be a useful member of
the community even before reaching the age of majority, upon the
recommendation of the DSWD, it shall dismiss
the case and order his final discharge.
Article 197- Return of Youthful Offender to Court - The youthful offender shall be
returned to the
committing court for the pronouncement of judgment: (1) when he is found to be
incorrigible or has willfully failed
to comply with the conditions of his rehabilitation program, (2) when he has
reached the age of 21 while in commitment (unless his case is dismissed in
accordance with Article 196). In the latter case, the convicted youth
offender may apply for probation under the provisions of PD 968. In any case as,
the youthful offender shall be
Article 198- Effect of Released of Child Based on Good Conduct - The final
release of a child pursuant to
the provisions of this chapter does not obliterate his civil liability for damages.
Such released shall be without
prejudice to the right for a writ of execution for the recovery of civil damages.
Article 199 - Living Quarters for Youthful Offenders – Youthful Offenders under
Article 197 shall be
committed to the proper penal institution to serve the remaining period of his
sentence, provided that, they shall
be provided with separate quarters and as far as practicable, group them
according to appropriate age levels or
other criteria as will insure their speedy rehabilitation, provided further that
the Bureau of Prisons shall maintain
agricultural and forestry camps where youthful offenders may serve their
sentence in lieu of confinement in
regular penitentiaries.
Article 200- Records of Proceedings - 1) When a Youthful Offender has been
charged and the charges have
been ordered dropped, all the records of the case shall be considered privileged
and may not be disclosed directly or
indirectly to any one for any purpose whatsoever. 2) Where the Youthful Offender
has been charged and the courts
acquits him, or dismiss the case against him or commits him to an institution and
subsequently releases him, all
records of his case shall also be considered privileged and may not be disclosed
directly or indirectly to anyone
except: a) to determine if a defendant may have sentence suspended under Article
192; b) or if he may be granted
probation under PD 968; c) or to enforce his civil liability if the same has been
imposed in the criminal action. The
Youthful Offender concerned shall not be held under any probation of law to be
guilty of perjury or of concealment
Records within the meaning of this Article shall include those, which
may be in the files of the NBI, police
department or any government agency involved in the case;
Medical/treatments records mentioned in Article 190.
Article 201- Civil Liability of Youthful Offenders - The civil liability for
the acts committed by a youthful
offender shall devolve upon the offenders father or mother or the
guardian as the case may be. A relative or family
friend of the youthful offender may also voluntarily assume civil
liability
Rules and Regulation on the Apprehension, Investigation, Prosecution and
Rehabilitation of Youthful
Offenders. (Promulgated on February 20,1995 by the Council for the Welfare
of Children).
Pursuant to Article 205 of PD 603, the Council for the Welfare of Children
was created which was tasked
to promulgate Rules and Regulations necessary for the purpose of carrying
into effect the provisions of the Code
(Article 209).
Objectives: The Rules and regulations seek to establish basic guidelines on
the apprehension, investigation,
prosecution and rehabilitation of youth offenders consistent with the needs
to protect their rights and to [promote their best interest.
Procedure:
Apprehension – Arresting Officer (AO) to inform the youth of the
reason of his apprehension and him
advise of his legal rights in a language understood by him. The youth is
then brought to the nearest
police station where the apprehension and the name of the arresting
officer is recorded in the police
blotter. The police officer shall notify the DSWD and the parents or
guardian of the youth within eight
(8) hours from the time of apprehension. Arresting Officer shall not
employ unnecessary force; vulgar
or profane words shall not be used; handcuffs shall not be used unless
absolutely necessary; female
youth shall be searched only by a female police officer
. Investigation / Interview – to be held in private and in the presence of his legal
counsel and whenever
possible his parents, guardian or social worker wherein he shall be advised of his
right to remain silent
and to have a counsel of his own choice.
3. Physical / Mental Examination – before a government medical or health officer;
steps shall be
undertaken to provide treatment when necessary. (Most often this process is taken
for granted or even
forgotten, hence even during confinement, it is the duty of the jail officers to take
steps to provide
necessary medical attention to youths needing the same).
4. Referral of Case to Social Worker – the youth shall be released to the custody of a
social worker or a
responsible person in the community for supervision and counseling or other
interventions that may be
5. Referral of Case to Prosecutor – if his findings warrant the AO shall forward
the records of the case
of the youth under custody to the prosecutor for the conduct of inquest or
preliminary investigation to
determine whether the youth should remain in custody and correspondingly
charged in court. The
transmittal letter shall display the word YOUTH in bold letters. The prosecutor
shall encourage that
counsel represents the youth; a counsel shall be assigned if his parents is unable
to give adequate
representation.
6. Temporary Commitment – the youth under investigation or trial, if unable to
furnish bail, shall be
committed to the care of The DSWD or rehabilitation center or detention home
separate and distinct
6. Temporary Commitment – the youth under investigation or trial, if unable to
furnish bail, shall be
committed to the care of The DSWD or rehabilitation center or detention
home separate and distinct
from jails.
7. Filing of Complaint / Information – if the evidenced submitted in the inquest
or preliminary
investigation engenders a well – founded belief that a crime has been
committed and that the youth is
probably guilty thereof, the corresponding criminal complaint / information
shall be filed against the
youth in court.
8. Trial – the trial of a case against a youth offender shall be conducted in
accordance with RA 8368.
9. Suspension of Sentence – if after trial, the court finds that the youth
committed the acts charged
against him, it shall determine the impossible penalty including the civil
liability chargeable against
him. (However, instead of pronouncing judgment of conviction, the court
upon application of the
youth, shall suspend all further proceedings and commit the youth to the
custody and care of the
DSWD or to any training institution or responsible person until he has
reached the age of 21 or for a
shorter period as the court may deem proper upon recommendation of the
Department etc.). Refer to Section 5, par. A of RA 8369
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