Criminal La 1

SUPPLEMENTAL READING MATERIAL 5

Ju enile Justice and Welfare Act of 2006 (R.A. 9344); also Refer to Child and Youth
Welfare Code (P.D. 603, as amended)

Child refers to a person under the age of eighteen (18) ears [R.A. 9344, Title I, Chapter I,
Section 4, par. C]

Definition of Child in Conflict With the La

R.A. 9344, Title I, Chapter I, Section 4 (e) Child in conflict ith the la refers to a
child ho is alleged as, accused of, or adjudged as ha ing committed an offense under
Philippine la s.

Minimum Age of Criminal Responsibilit

R.A. 9344, Title I, Chapter II, Section 6. Minimum Age of Criminal Responsibilit , 2​nd
and 3​rd​ par A child abo e fifteen (15) ears but belo eighteen (18) ears of age shall
like ise be e empt from criminal liabilit and be subjected to an inter ention program,
unless he/she acted ith discernment, in hich case, such chid shall be subjected to the
appropriate proceedings in accordance ith this Act.

The e emption from criminal liabilit herein established does not include e emption
from ci il liabilit , hich shall be enforced in accordance ith e isting la s.

Determination of Age
 ​ .A. 9344, Ti e I, Cha e II, Sec i 7​. Determination of Age The child in conflict
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ith the la shall enjo the presumption of minorit . He/she shall enjo all the rights of a
child in conflict ith the la until he/she is pro en to be eighteen (18) ears of age or older.
The age of a child ma be determined from the child s birth certificate, baptismal certificate
or an other pertinent documents. In the absence of these documents, age ma be based
on information from the child himself/herself, testimonies of other persons, the ph sical
appearance of the child and other related e idence. In case of doubt as to the age of the
child, it shall be resol ed in his/her fa our.

An person contesting the age of the child in conflict ith the la prior to the filing of
information in an appropriate court ma file a case in a summar proceeding for the
determination of age before the Famil Court hich shall decide the case ithin t ent -four
(24) hours from the receipt of the appropriate pleadings of all interested parties.

If a case has been filed against the child in conflict ith the la and is pending in the
appropriate court, the person shall file a motion to determine the age of the child in the
same court here the case is pending. Pending hearing on the same motion, proceedings
on the main case shall be suspended.

In all proceedings, la enforcement officers, prosecutors, judges and other

go ernmental officials concerned shall e ert efforts at determining the age of the child in
conflict ith the la .

E emption From Criminal Liabilit

​R.A. 9344, Ti e I, Cha e II, Sec i 6​. Minimum Age of Criminal Responsibilit A
child fifteen (15) ears of age or under at the time of the commission of the offense shall be
e empt from criminal liabilit . Ho e er, the child shall be subjected to an inter ention
program pursuant to Section 20 of this Act.

Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262)

Battered Woman S ndrome

​ .A. 9262, Sec i 3, Pa . D, b a . C​ defines Battered Woman S ndrome as a

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scientificall defined pattern of ps chological and beha ioural s mptoms found in omen
li ing in battering relationship as a result of cumulati e abuse.

​ .A. 9262, Sec i 26​. Battered Woman S ndrome as a Defense Victim-sur i ors
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ho are found b the courts to be suffering from battered oman s ndrome do not incur
an criminal and ci il liabilit not ithstanding the absence of an of the elements for
justif ing circumstances of self-defense under the Re ised Penal Code.

In the determination of the state of mind of the oman ho as suffering from

battered oman s ndrome at the time of the commission of the crime, the courts shall be
assisted b e pert ps chiatrists/ps chologists.

PERSONS CRIMINALLY LIABLE

Decree Penali ing Obstruction of Apprehension and Prosecution of Criminal Offenders

(P.D. 1829)

(1)Punishable Acts

Sec i 1​. An person ho kno ingl or ilfull obstructs, impedes frustrates or

dela s the apprehension of suspects and the in estigation and prosecution of criminal
cases b committing an of the follo ing acts:

a. Pre enting itnesses from testif ing​ ​in an criminal proceeding or from reporting the
commission of an offense or the identit of an offender(s) b means of briber ,
misrepresentation, deceit, intimidation, force or threats;

b. Altering, destro ing, suppressing or concealing an paper, record, document, or object,

ith intent to impair its erit , authenticit , legibilit , a ailabilit , or admissibilit as e idence
in an in estigation of or official proceedings in, criminal cases, or to be used in the
in estigation of, or official proceedings in criminal cases;

c. Harboring or concealing, or facilitating the escape of, an person he kno s, or has

reasonable grounds to belie e or suspect, has committed an offense under e isting penal
la s in order to pre ent his arrest, prosecution and con iction;

d. Publicl using a fictitious name for the purpose of concealing a crime, e ading
prosecution or the e ecution of a judgment, or concealing his true name and other personal
circumstances for the same purpose or purposes;

e. Dela ing the prosecution of criminal cases b obstructing the ser ice of process or court
orders or disturbing proceedings in the fiscal s offices, in the Tanodba an or in the courts;

f. Making, presenting or using an record, document, paper or object ith kno ledge of its
falsit and ith intent to affect the course or outcome of the in estigation or, or official
proceedings in criminal cases;
g. Soliciting, accepting, or agreeing to accept an benefit in consideration of abstaining
from, discounting, or impeding the prosecution of a criminal offender;

h. Threatening directl or indirectl another ith the infliction of an rong upon his person,
honor or propert or that of an immediate member or members of his famil in order to
pre ent such person from appearing in the in estigation of, or official proceedings in,
criminal cases, or imposing a condition, hether la ful or unla ful, in order to pre ent a
person from appearing in the in estigation of or in official proceedings in, criminal cases;

i. Gi ing of false or fabricated information to mislead or pre ent the la enforcement

agencies from apprehending the offender or from protecting the life or propert of the ictim,
or fabricating information from the data gathered in confidence b in estigating authorities
for purposes of background information and not for publication and publishing or
disseminating the same to mislead the in estigator or to the court.

Penalt imposable: ​ i i c ec i a ​ in its ma imum period, or a fine ranging from

Php1,000 to Php6,000, or both.

Compare With Art. 20, RPC (Accessories E empt From Criminal Liabilit )

Art. 20 of the RPC pro ides that: The penalties prescribed for accessories shall not
be imposed upon those ho are such ith respect to their spouses, ascendants, legitimate,
natural, and adapted brothers and sisters, or relati es b affinit ithin the same degree.

PENALTIES

General Principles

RPC, Art. 21. Penalties that ma be imposed No felon shall be punishable b an

penalt not prescribed b la prior to its commission.

Penalt - is the suffering that is inflicted b the State for the transgression of a la .

The theories justif ing penalt are: (1) pre ention; (2) self-defense; (3) reformation; (4)
e emplarit ; and (5) justice.

Act prohibiting the imposition of death penalt in the Philippines (R.A. 9346)
Sec i 1​. The imposition of the penalt of death is hereb prohibited. Accordingl ,
Republic Act No. 8177, other ise kno n as the Act Designating Death b Lethal Injection I
hereb repealed. Republic Act No. 7659, other ise kno n as the Death Penalt La , and
all other la s, e ecuti e orders and decrees, insofar as the impose the death penalt are
hereb repealed or amended accordingl .

In lieu of death penalt , ​ ec i e e a​ or life imprisonment shall be imposed.

Sec i 3​. Person con icted of offenses punished ith ​ ec i e e a​, or hose
sentences ill be reduced to ​ ec i e e a​, b reason of this Act shall not be eligible
for parole under Act No. 4180, other ise kno n as the Indeterminate Sentence La , as
amended.

Purposes

The purpose of the State in punishing crimes is to secure justice. The State has an
e istence of its o n to maintain, a conscience of its o n on to assert, and moral principles
to be indicated. Penal justice must therefore be e ercised b the State in the ser ice and
satisfaction of a dut , and rests primaril on the moral rightfulness of the punishment
inflicted.

The three-fold purpose of penalt under the RPC:

1. Retribution or e piation the penalt is commensurate ith the gra it of the offense.

2. Correction or reformation as sho n b the rule hich regulate the e ecution of the
penalties consisting in the depri ation of libert .

3. Social defense sho n b its infle ible se erit to recidi ists and habitual delinquents.

Classification

Article 25 of the RPC pro ides the classification of penalties as:

Principal Penalties:

Capital Punishment: Death

Afflicti e Penalties: ​Rec i e e a,​ ​ ec i e a ​, perpetual or temporar

absolute disqualification, perpetual or temporar special disqualification, ​P i i a .​

Correctional Penalties: ​P i i c ecci a ​, ​A e a ​, Suspension, ​De ie ​.

Light Penalties: ​A e e ​, Public censure.

Penalties common to the three preceding classes: Fine, and Bond to keep the peace.

Accessor Penalties:

Perpetual or temporar absolute disqualification,

Perpetual or temporar special disqualification,

Suspension from public office, the right to ote and be oted for, the profession or calling,

Ci il interdiction,

Indemnification,

Forfeiture or confiscation of instruments and proceeds of the offense,

Pa ment of costs.

Fines (Art. 26, RPC):

Afflicti e penalt : greater than Php6,000

Correctional penalt : Php200 but less than Php6,000

Light penalt : less than Php200

Duration and Effect

Article 27 of the RPC pro ides for the duration of the penalties:

a. ​Rec i e e a​: 20 ears and 1 da to 40 ears

b. ​Rec i e a :​ 12 ears and 1 da to 20 ears

c. ​P i i a ​and temporar disqualification: 6 ears and 1 da to 12 ears

d. ​P i i c ecci a ​, suspension and ​de ie ​: 6 months and 1 da to 6 ears, e cept

hen suspension is imposed as an accessor penalt , the duration of the principal penalt
shall appl

e. ​A e a ​: 1 month and 1 da to 6 months

f. ​A e e ​: 1 da to 30 da s
g. Bond to keep the peace: the bond to keep the peace shall be required to co er such
period of time as the court ma determine

Article 28. Computation of penalties If the offender shall be in prison, the term of the
duration of the temporar penalties shall be computed from the da on hich the judgment
of con iction shall ha e become final. If the offender be not in prison, the term of the
duration of the penalt consisting of depri ation of libert shall be computed from the da
that the offender is placed at the disposal of the judicial authorities for the enforcement of
the penalt . The duration of the other penalties shall be computed onl form the da on
hich the defendant commences to ser e his sentence.

Article 29. Period of pre enti e imprisonment deducted from the term of imprisonment
Offenders or accused ho ha e undergone pre enti e imprisonment shall be credited in
the ser ice of their sentence consisting of depri ation of libert , ith the full time during
hich the ha e undergone pre enti e imprisonment if the detention prisoner agrees
oluntaril in riting to bide b the same disciplinar rules imposed upon con icted
prisoners, e cept in the follo ing cases: (1) hen the are recidi ists, or ha e been
con icted pre iousl t ice or more times of an crime; and (2) hen upon being summoned
for the e ecution of their sentence the failed to surrender oluntaril .

If the detention prisoner does not agree to abide b the same disciplinar rules
imposed upon con icted prisoners, he shall be credited in the ser ice of his sentence ith
four-fifths of the time during hich he has undergone pre enti e imprisonment (As
amended b Republic Act No. 6127, June 17, 1970)

Whene er an accused has undergone pre enti e suspension for a period equal to or
more than the possible ma imum imprisonment of the offense charged to hich he ma be
sentenced and his case is not et terminated, he shall be released immediatel ithout
prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is
under re ie . In case the ma imum penalt to hich the accused ma be sentenced is
de ie ​, he shall be released after thirt (30) da s of pre enti e imprisonment (As
amended b Republic Act No. 6127, and further amended b E.O. No. 214, promulgated
Jul 10, 1987).

The effect of penalties are pro ided b the RPC as follo s:

Art. 30. Effects of the penalties of perpetual or temporar absolute disqualification The
penalties of perpetual or temporar absolute disqualification for public office shall produce
the follo ing effects: (1) the depri ation of the public offices and emplo ments hich the
offender ma ha e held if conferred b popular election; (2) the depri ation of the right to
ote in an election for an popular electi e office or to be elected to such office; (3) the
disqualification for the offices or public emplo ments and for the e ercise of an of the rights
mentioned. In case of temporar disqualification, such disqualification as is comprised in
paragraphs 2 and 3 of this Article shall last during the term of the sentence; (4) the loss of
all rights to retirement pa or other pension for an office formerl held.

Art. 31. Effect of the penalties of perpetual or temporar special disqualification The
penalties of perpetual or temporar special disqualification for public office, profession or
calling shall produce the follo ing effect: (1) the depri ation of the office, emplo ment,
profession or calling affected; (2) the disqualification for holding similar offices or
emplo ments either perpetuall or during the term of the sentence, according to the e tent
of such disqualification.

Art. 32. Effects of the penalties of perpetual or temporar special disqualification for the
e ercise of the right of suffrage The perpetual or temporar special disqualification for the
e ercise of the right of suffrage shall depri e the offender perpetuall or during the term of
the sentence, according to the nature of the said penalt , of the right to ote in an popular
election for an public office or to be elected to such office. Moreo er, the offender shall not
be permitted to hold an public office during the period of his disqualification.

Art. 33. Effects of the penalties of suspension from an public office, profession or calling,
or the right of suffrage The suspension from public office, profession or calling, and the
e ercise of the right of suffrage shall disqualif the offender from holding such office or
e ercising such profession or calling or right of suffrage during the term of the sentence.
The person suspended from holding public office shall not hold another ha ing similar
functions during the period of his suspension.

Cases:

1. Francisco . People, Februar 18, 2009

2. People . Pere , et al., Jul 31, 2009
3. People . Talita, October 2, 2009
4. Amanquiton . People, August 14, 2009
5. People . Adeser, October 26, 2009
6. Diamante . People, September 4, 2009
7. Garcia . People, August 28, 2009
8. Jacinto . People, Jul 13, 2009
9. Norman Gaid . People, April 7, 2009
10. People . Ortoa, Februar 23, 2009
11. People . Brioso, March 13, 2009
12. People . Lacaden, No ember 25, 2009
13. People . Badriago, Ma 8, 2009
14. People . Amodia, April 7, 2009
15. People . Santos, Jul 3, 3009
16. People . Pantaleon, March 13, 2009
17. People . Re es, March 17, 2009
18. People . Mirasol, December 23, 2009
19. People . Maliao, Jul 31, 2009
20. Cajigas . People, Februar 23, 2009
21. People . Regalario, March 31, 2009
22. People . Comillo, No ember 25, 2009
23. People . Aleta, April 16, 2009
24. People . Lope , April 16, 2009
25. People . Domingo, March 2, 2009
26. People . Alipio, October 5, 2009
27. Sierra . People, Jul 3, 2009
28. Madali, et al. . People, August 4, 2009
29. Remiendo . People, October 9, 2009
30. Urbano . People, Januar 20, 2009
31. People . Comillo, Jr., et al., No ember 25, 2009
32. People . Obligado, April 16, 2009
33. People . Badriago, Ma 8, 2009
34. People . Muhammad Abdulah, Januar 20, 2009
35. People . Basma or, Februar 10, 2009
36. People . Delpino, June 18, 2009
37. Valen uela . People, August 14, 2009
38. Pablo Amodia . People, April 7, 2009
39. People . De Gu man, Februar 4, 2009
40. People . Villanue a, Jul 22, 2009
41. People . Honor, April 7, 2009
42. People . Suming a, October 13, 2009
43. People . Algarme and Gelle, Februar 12, 2009
44. Ambito . People, Februar 13, 2009
45. Juno Bautista . People, December 16, 2009
46. Urbano . People, Januar 20, 2009
47. People . Romualde , April 29, 2009
48. Sonn Romero . People, Jul 17, 2009
49. People . Valen uela, Februar 6, 2009
50. People . Hernando, No ember 25, 2009

Criminal La 1
SUPPLEMENTAL READING MATERIAL 6

INDETERMINATE SENTENCE LAW (Act No. 4103, as amended)

a. ​Application on the Imposed Sentence
When the crime is punished b the RPC:
Section 1. Hereafter, in imposing a prison sentence for an the offense punished b the
Re ised Penal Code, or its amendments, the court shall sentence the accused to an
indeterminate sentence the ma imum term of hich shall be that hich, in ie of the
attending circumstances, could be properl imposed under the rules of said Code, and the
minimum hich shall be ithin the range of the penalt ne t lo er to that prescribed b the
Code for the offense;
When the crime is punished b a special la :
Section 1. if the offense is punished b an other la , the court shall sentence the
accused to an indeterminate sentence, the ma imum term of hich shall not e ceed the
ma imum fi ed b said la and the minimum shall not be less than the minimum term
prescribed b the same.
The Indeterminate Sentence La (ISLa ) is applied as follo s:
The ma imum term is determined according to the rules of the RPC.
The rules of the RPC are not applicable in fi ing the minimum term.
The modif ing circumstances are considered onl in the imposition of the ma imum term
of the indeterminate sentence.

b. ​Co erage
The ISLa is mandator hen imprisonment ould e ceed one ear. It ill not appl
hen:
Sec. 2. This Act shall not appl to persons con icted of offenses punished ith death or
life imprisonment; to those con icted of treason, conspirac or proposal to commit treason;
to those con icted of pirac ; to those ho are habitual delinquents, to those ho ha e
escape from confinement or e aded sentence; to those ho ha ing been granted
conditional pardon b the Chief E ecuti e shall ha e iolated the terms thereof; to those
hose ma imum term of imprisonment does not e ceed one ear; not to those alread
sentenced b final judgment at the time of appro al of this Act, e cept as pro ided in
Section 5 hereof.
It ill not appl to non-di isible penalties and ​de ie ​.

c. ​Conditions of Parole
Sec. 6. E er prisoner released from confinement or parole b irtue of this Act shall, at
such times and in such manner as ma be required b the conditions of his parole, as ma
be designated b the said Board for such purpose, ​ e e a ch g e e
fficia he a e ffice he eaf e a i ed b he B a d f I de e i a e Se e ce
f a ei d f ei a ce e i a e he e ai i g i f he a i e e ce
i ​ pon him or until final release and discharge b the Board of Indeterminate
ed u
Sentence as herein pro ided. The limits of residence of such paroled prisoner during
his parole ma be fi ed and from time to time changed b the said Board in its discretion. If
during the period of sur eillance such paroled prisoner shall sho himself to be la -abiding
citi en and shall iolate an of the la s of the Philippine Islands, the Board of Indeterminate
Sentence ma issue a final certificate of release in his fa our, hich shall entitle him to final
release and discharge.

PROBATION LAW (P.D. 968, as amended)

a. Definition of Terms
Sec i 3​. Meaning of Terms. As used in this Decree, the follo ing shall, unless the conte t
other ise requires, be construed thus:
(a) Probation is a disposition under hich a defendant, after con iction and sentence, is
released subject to conditions imposed b the court and to the super ision of a probation
officer.
(b) Probationer means a person placed on probation.
(c) Probation officer means one ho in estigates for the court a referral for probation or
super ises a probationer or both.

b. Purpose
Sec i 2​. Purpose. This Decree shall be interpreted so as to:
(a) Promote the correction and rehabilitation of an offender b pro iding him ith
indi iduali ed treatment;
(b) Pro ide an opportunit for the reformation of a penitent offender hich might be less
probable if he ere to ser e a prison sentence; and
(c) Pre ent the commission of offenses.

c. Grant of Probation, Manner and Conditions

​ ec i 4​. Grant of Probation. Subject to the pro isions of this Decree, the court ma ,
S
after it shall ha e con icted and sentenced a defendant and upon application at an time of
said defendant, suspend the e ecution of said sentence and place the defendant on
probation for such period and upon such terms and conditions as it ma deem best.
 Probation ma be granted hether the sentence imposes a term of imprisonment or a
fine onl . An application for probation shall be filed ith the trial court, ith notice to the
appellate court if an appeal has been taken from the sentence of con iction. The filing of
the application shall be deemed a ai er of the right to appeal, or the automatic ithdra al
of a pending appeal.
An order granting or den ing probation shall not be appealable.
​ ec i 10​. Conditions of Probation. E er probation order issued b the court shall
S
contain conditions requiring that the probationer shall:
(a) Present himself to the probation officer designated to undertake his super ision at such
place as ma be specified in the order ithin se ent -t o hours from receipt of said order;
(b) Report to the probation officer at least once a month at such time and place as specified
b said officer.
The court ma also require the probationer to:
(a) Cooperate ith a program of super ision;
(b) Meet his famil responsibilities;
(c) De ote himself to a specific emplo ment and not to change said emplo ment ithout
the prior appro al of the probation officer;
(d) Undergo medical, ps chological or ps chiatric e amination and treatment and enter and
remain in a specified institution, hen required for that purpose;
(e) Pursue a prescribed secular stud or ocational training;
(f) Attend or reside in a facilit established for instruction, recreation or residence of
persons on probation;
(g) Refrain from isiting houses of ill-repute;

Abstain from drinking into icating be erages to e cess;

(i) Permit to probation officer or an authori ed social orker to isit his home and place of
ork;
(j) Reside at premises appro ed b it and not to change his residence ithout its prior
ritten appro al; or
(k) Satisf an other condition related to the rehabilitation of the defendant and not undul
restricti e of his libert or incompatible ith his freedom of conscience.

d. Criteria of Placing an Offender on Probation

Under Section 8 of the Probation la , in determining hether an offender ma be placed on
probation, the court shall consider:
(a) All information relati e to the
1. Character
2. Antecedents
3. En ironment
4. Mental and
5. Ph sical condition of the offender, and
(b) A ailable institutional and communit resources.

Probation shall be denied if the court finds that:

1. The offender is in need of correctional treatment that can be pro ided most effecti el b
his commitment to an institution; or
2. There is undue risk that during the period of probation the offender ill commit another
crime; or
3. Probation ill depreciate the seriousness of the offense committed.

e. Disqualified Offenders
Sec i 9​. Disqualified Offenders. The benefits of this Decree shall not be e tended to
those:
(a) Sentenced to ser e a ma imum term of imprisonment of more than si ears,
(b) Con icted of an offense against the securit of the State,
(c) Who ha e pre iousl been con icted b final judgment of an offense punished b
imprisonment of not less than one month and one da and/or a fine of not less than T o
Hundred Pesos;
(d) Who ha e been once on probation under the pro isions of this Decree; and
(e) Who are alread ser ing sentence at the time the substanti e pro isions of this Decree
became applicable pursuant to Section 33 hereof.

f. Period of Probation
Sec i 14​. Period of Probation.
(a) The period of probation of a defendant sentenced to a term of imprisonment of not more
than one ear shall not e ceed t o ears, and in all other cases, said period shall not
e ceed si ears.
(b) When the sentence imposes a fine onl and the offender is made to ser e subsidiar
imprisonment in case of insol enc , the period of probation shall not be less than nor to be
more than t ice the total number of da s of subsidiar imprisonment as computed at the
rate established in Art. 39 of the RPC, as amended.

g. Arrest of Probationer
Sec i 15​. Arrest of Probationer; Subsequent Disposition. At an time during probation,
the court ma issue a arrant for the arrest of a probationer for iolation of an of the
conditions of probation. The probationer, once arrested and detained, shall immediatel be
brought before the court for a hearing, hich ma be informal and summar , of the iolation
charged. The defendant ma be admitted to bail pending such hearing. In such a case, the
pro isions regarding release on bail of persons charged ith a crime shall be applicable to
probationers arrested under this pro ision. If the iolation is established, the court ma
re oke or continue his probation and modif the conditions thereof. If re oked, the court
shall order the probationer to ser e the sentence originall imposed. An order re oking the
grant of probation or modif ing the terms and conditions thereof shall not be appealable.

h. Termination of Probation
Sec i 16​. Termination of Probation. After the period of probation and upon consideration
of the report and recommendation of the probation officer, the court ma order the final
discharge of the probationer upon finding that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated. The final discharge of the
probationer shall operate to restore to him all ci il rights lost or suspended as a result of his
con iction and to full discharge his liabilit for an fine imposed as to the offense for hich
probation as granted.

E ception: The Comprehensi e Dangerous Drugs Act of 2002 (R.A. 9165)

​ ec i 24​. Non-Applicabilit of the Probation La for Drug Traffickers and Pushers
S
An person con icted for drug trafficking or pushing under this Act, regardless of the penalt
imposed b the Court, cannot a ail of the pri ilege granted b the Probation la of
Presidential Decree No. 968, as amended.

JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R.A. 9344); ALSO REFER TO CHILD
AND YOUTH WELFARE CODE (P.D. 603, AS AMENDED)

a. Definition of Child in Conflict With the La

R.A. 9344, Ti e I, Cha e II, Sec i 4​. (e) Child in conflict ith the la refers to a child
ho is alleged as, accused, or adjudged as, ha ing committed an offense under Philippine
la s.
b. E emption From Criminal Liabilit
R.A. 9344, Ti e I, Cha e II, Sec i 6​. Minimum Age of Criminal Responsibilit A child
fifteen (15) ears of age or under at the time of the commission of the offense shall be
e empt from criminal liabilit . Ho e er, the child shall be subjected to an inter ention
program pursuant to Section 20 of this Act.

c. Ju enile Justice and Welfare S stem

​R.A. 9344, Ti e IV, Sec i 20​, pro ides: Sec. 20. Children Belo the Age of Criminal
Responsibilit If it has been determined that the child taken into custod is fifteen ears
old and belo , the authorit hich ill ha e an initial contact ith the child has the dut to
immediatel release the child to the custod of his/her parents or guardian, or in the
absence thereof, the child s nearest relati e. Said authorit shall gi e notice to the local
social elfare and de elopment officer ho ill determine the appropriate programs in
consultation ith the child and to the person ha ing custod o er the child. If the parent,
guardians or nearest relati es cannot located, or if the refuse to take custod , the child
ma be released to an of the follo ing: a dul registered nongo ernmental or religious
organi ation; a baranga official or a member of the Baranga Council for the Protection of
Children (BCPC); a local social elfare and de elopment officer; or hen and here
appropriate, the DSWD. If the child referred to herein has been found b the Local Social
Welfare and De elopment Office to be abandoned, neglected or abused b his parents, or
in the e ent that the parents ill not compl ith the pre ention program, the proper petition
for in oluntar commitment shall be filed b the DSWD of Local Social Welfare and
De elopment Office pursuant to Presidential Decree No. 603, other ise kno n as The
Child and Youth Welfare Code.
​R.A. 9344, Ti e V, Cha e 5 ide :​
​ ec. 38.​ Automatic Suspension of Sentence Once the child ho is under eighteen (18)
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ears of age at the time of the commission of the offense is found guilt of the offense
charged, the court shall determine and ascertain an ci il liabilit hich ma ha e resulted
from the offense committed. Ho e er, instead of pronouncing the judgment of con iction,
the court shall place the child in conflict ith the la under suspended sentence ithout
need of application: Pro ided, ho e er, That suspension of sentence shall still be applied
e en if the ju enile is alread eighteen (18) ears of age or more at the time of the
pronouncement of his/her guilt. Upon suspension of sentence and after considering the
arious circumstances of the child, the court shall impose the appropriate disposition
measures as pro ided in the Supreme Court Rule on Ju eniles in Conflict With the La .
 ​ ec​.​ 39​. Discharge of the Child in Conflict ith the La
S Upon the recommendation of
the social orker ho has custod of the child, the court shall dismiss the case against the
child hose sentence has been suspended and against hom disposition measures ha e
been issued, and shall order the final discharge of the child if it finds that the objecti e of the
disposition measures ha e been fulfilled. The discharge of the child in conflict ith the la
shall not affect the ci il liabilit resulting from the commission of the offense, hich shall be
enforced in accordance ith la .
​ ec​.​ 40​. Return of the Child in Conflict With the La to Court If the court finds that the
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objecti e of the disposition measures imposed upon the child in conflict ith the la ha e
not been fulfilled, or if the child in conflict ith the la has ilfull failed to compl ith the
conditions of his/her disposition or rehabilitation program, the child in conflict ith the la
shall be brought before the court for e ecution of judgment. If said child in conflict ith the
la has reached eighteen (18) ears of age hile under suspended sentence, the court
shall determine hether to discharge the child in accordance ith this Act, to order
e ecution of sentence, or to e tend the suspended sentence for a certain specified period
or until the child reaches the ma imum age of t ent -one (21) ears.
​Sec. 41​. Credit in Ser ice of Sentence The child in conflict ith the la shall be credited
in the ser ices of his/her sentence ith the full time spent in actual commitment and
detention under this Act.
​ ec. 42​. Probation as an Alternati e to Imprisonment The court ma , after it shall ha e
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con icted and sentenced a child in conflict ith the la , and upon application at an time,
place the child on probation in lieu of ser ice of his/her sentence taking into account the
best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968,
other ise kno n as the Probation La of 1976 , is hereb amended accordingl .