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A.M. No. 07-8-2-SC Rules On Children Charged Under RA9165
A.M. No. 07-8-2-SC Rules On Children Charged Under RA9165
RESOLUTION
REYNATO S. PUNO
Chief Justice
Republic Act No. 9344 or The Juvenile Justice and Welfare Act of
preservation.
Dangerous Drugs Act of 2002 are well protected, and that their
provided; and
criminal conduct.
consistent with the best interest of the child, the declared state
policy, the rights of the child in conflict with the law and the
9165.
9165.
No. 9344.
No. 9165.
consideration.
level of use.
offenses.
A.M. No. 07-8-2-SC -7-
Enforcement Agency.
9165.
community.
A.M. No. 07-8-2-SC -8-
positive result.
consideration.
essential chemicals.
than six years and one day, shall be subjected to a mandatory drug
test.
A.M. No. 07-8-2-SC -9-
child taken into custody for alleged violation of the Act shall be
from the time the child was taken into custody. The apprehending
prima facie evidence that the child has used dangerous drugs,
of the Act.
investigation of the child, and shall form part of the records of the
drug dependency. The Board shall then submit the matter to the
court, which shall immediately order that the child be examined for
drug dependency.
Juveniles in Conflict with the Law. The case study report shall
accredited physician of the DOH. If the results show that the child
is a drug dependent, the court shall order that the child undergo
the child; or
following factors:
child’s family, the law enforcers, the child’s school, if any, various
system itself.
physician shall not exceed one year, after which time the head of
the Center or the said physician, as the case may be, shall apprise
the court, as well as the Board, of the status of the treatment and
A.M. No. 07-8-2-SC -13-
welfare and best interest of the child drug dependent and his/her
family or community.
preliminary investigation.
court shall order such release on condition that the child shall
A.M. No. 07-8-2-SC -15-
the court to which the child drug dependent should adhere in order
However, the court upon its discretion may order that the child be
talents or skills, what he/she is good at, as well as what his/her life
the Act. If convicted, the child shall be credited for the period of
thereto, the child shall enjoy all the rights provided under the Rule
on Juveniles in Conflict with the Law that are not inconsistent with
affinity may, within this period, also surrender the child for
from his/her escape, the Board shall apply to the court for a
confidential and shall not be used against him/her for any purpose,
Board with the Family Court, or, in the absence thereof, the
found.
A.M. No. 07-8-2-SC -20-
hearing, fix a date therefor, and serve a copy of such order on the
center under the supervision of the DOH. In any event, the order
issued by the court not later than fifteen days from the filing of the
appropriate petition.
penalty is imprisonment of less than six years and one day is found
be, shall suspend all further proceedings and transmit copies of the
Family Court or, in the absence thereof, the Regional Trial Court
petition shall be filed in such court. The court shall take judicial
notice of the prior proceedings in the case and shall proceed to hear
discharge therefrom.
may be. In case of conviction and the child has been certified by
behavior, the judgment shall indicate that the child shall be given
full credit for the period he/she was confined in the Center:
Section 15 of the Act and the child is not a recidivist, the penalty
program shall not run during the time that said child is under
release of the child on the condition that he/she shall report to the
Board through the DOH for after-care and follow-up treatment for
the trial of the case for which the child has been originally charged.
Should the Board through the DOH find at any time during the
his/her recommitment.
to the Board for reconfinement within one week from the date of
surrendered for recommitment, the Board may apply with the court
child who has not been rehabilitated or who escaped but has not
court and the use of those records shall be determined by the court,
taking into consideration the best interest of the child and public
safety.
offense and is found guilty thereof, the court shall determine and
such conditions that the court may impose for a period ranging
the proceedings against the child, the court shall enter an order to
returned to the court which, after due notice and hearing and after
conviction.
upon application and in its discretion, may place the child under
provided under the Act is higher than that provided under the
Probation Law.
imposed, the order of the court shall be complied with under such
DOH-accredited physician.
discharge.
be maintained.
period spent by the child in the Center or under the care of the
used for any other purpose unless beneficial to the child and