REPUBLIC ACT 9160

AS AMENDED BY R.A. 10365

ANTI-MONEY LAUNDERING ACT OF 2001

DEFINITION OF TERMS:
a) COVERED INSTITUTIONS (SECTION 3a)
1. All those supervised and regulated by BSP
2. All those supervised and regulated by SEC
3. All those supervised and regulated by the INSURANCE COMMISSION
b) COVERED TRANSACTION
- Is a transaction in cash or other equivalent monetary instrument
involving a total amount in excess of Php 500,000.00 within 1 banking
day
c) SUSPICIOUS TRANSACTION
- Are transactions with covered institutions, regardless of the amounts
involved where any of the following circumstances exist:
o There is no underlying legal or trade obligation, purpose or
economic justification;
o The client is not properly identified;
o The amount involved id not commensurate with, the business
or financial capacity of the client;
o Taking into account all known circumstances, it may be
perceived that the clients transaction is structured in order to
avoid being the subject of reporting requirements under the
Act;
o Any circumstances relating to the transaction which is
observed to deviate from the profile of the client and/or the
clients past transactions with the covered institution;
o The transactions is in a way related to an unlawful activity or
offense under this Act that is about to be, is being or has been
committed; or
o Any transactions that is similar or analogous to any of the
foregoing.

d.) MONETARY INSTRUMENT

-it refers to:

o
o
o

Coins or currency of legal tender of the Philippines , or of any

other country
Drafts, checks and notes
Securities or negotiable instruments , bonds , commercial papers,
deposit certificates, trust certificates, custodial receipt or deposit
substitute instruments, trading orders, transaction tickets and
confirmation of sale or investments and money marked
instruments
Other similar instruments where title thereto passess to another by
endorsement , assignment or delivery

MONEY LAUNDERING (SECTION 4)

Is committed by any person who, knowing that any monetary instrument or property
represents , involves, relates to the proceeds of unlawful activity:
( P- -A- -A- -C- - C- -T)
a) Transacts said monetary instrument of property;
b) Converts, transfers, disposes of , moves, acquires, possesses or uses said
monetary instrument or property;
c) Conceals or disguises the true nature, source, location, disposition, movement or
ownership of or rights with respect to monetary instrument or property;
d) Attempts or conspires to commit money laundering offenses referred to in
paragraphs (a), (b), or (c);
e) Aids , abets, assists in or counsels the commission of the money laundering
offenses referred to in paragraphs (a), (b), or (c) above; and
f)

Performs or fails to perform any act as a result of which he facilitates the offense
of money laundering referred to in paragraphs (a), (b), or (c) above.

Is also committed by any covered person who, knowing that a covered or suspicious
transaction is required under this act to be reported to the Anti-Money Laundering
Council (AMLC), fails to do so

Take Note: AMLA authorizes certain provisional remedies that would aid the AMLC in the
enforcement of the AMLA thru FREEZE ORDER AND BANK INQUIRY ORDER.

PUNISHABLE ACT

MONEY LAUNDERING

PENALTY (SECTION 10 AS AMENDED)

1. 7-14 years of imprisonment and a fine
of not less than Php 3,000,000.00 but
not more than twice the value of the
monetary instrument or property
involved in the offense shall be
imposed upon a person convicted
under Section 4(a), (b), (c) and (d) of
this Act.
2. 4-7 years and a fine of not less than
Php 1,500,000.00 but not more than
Php 3,000,000.00, shall be imposed
upon a person convicted under Section
4 and (f) of this Act.
3. 6 months to 4 years or a fine of not
less han Php 100,000.00 but not more
than Php 500,000.00 , or both, shall be
imposed on a person convicted under
the last paragraph of Section 4 of this
Act.

FAILURE TO KEEP RECORDS

MALICIOUS REPORTING

Any person who, with malice, or in bad

faith, reports or files a completely
unwarranted or false information
relative to money launder transaction
against any person

6 months to 4 years or a fine of not less than

Php 100,000.00 but not more than Php
500,000.00 , or both

6 months to 4 years imprisonment and

a fine of not less than Php 100,000.00
but not more than Php 500,000.00, at
the discretion of the court: Provided,
That the offender is not entitled to avail
the benefits of the Probation Law.
If the offender is a JURIDICAL
PERSON, the court may suspend or
revoke its license.
If the offender is an ALIEN, he shall, in
addition to the penalties herein
prescribed , be deported without further

proceedings after serving the penalties

herein prescribed.
If the offender is a PUBLIC OFFICIAL
OR EMPLOYEE, he shall in addition to
the penalties prescribed herein suffer
perpetual or temporary absolute
disqualification from offices, as the
case may be.
BREACH OF CONFIDENTIALITY

3 8 years imprisonment and a fine of not

less than Php 500,000.00 but not more than
Php 1,000,000.00

UNLAWFUL ACTIVITIES UNDER AMLA

Any act or omission or series or combination thereof involving or having relation to the following:
1. Kidnapping for Ransom
2. Drug Offenses
3. Graft and Corrupt Practices
4. Plunder
5. Robbery and Extortion
6. Jueteng and Masiao
7. Piracy on the High Seas
8. Qualified Theft
9. Swindling
10. Smuggling
11. Electronic Commerce Crimes
12. Hijacking, Destructive Arson and Murder
13. Securities Fraud
14. Felonies or offenses of a similar nature punishable under the penal laws of other
countries.

NOTE:

Jurisdiction of Money Laundering Cases

o The REGIONAL TRIAL COURTS shall have jurisdiction to try all cases on
money laundering

Those committed by public officers and private persons who are in

conspiracy with such public officers shall be under the jurisdiction of the
SANDIGANBAYAN.

Under the AMLA, ANY PERSON may be charged and convicted of both the offense
of money laundering and the unlawful activity and the proceeds thereof can be
confiscated or forfeited in favour of the government.

PRESIDENTIAL DECREE NO. 1829

PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL
OFFENDERS

ACTS PUNISHABLE (Section 1)

1. Preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offenders by means of bribery,
misrepresentation, deceit, intimidation, force or threats;
2. Altering, destroying, suppressing or concealing any paper, record, document or object,
with intent to impair its verity, authenticity, legibility, availability, or admissibility as
evidence in any investigation of, or official proceedings in, criminal cases;
3. Harboring or concealing, or, facilitating the escape of, any person he knows, or has
reasonable ground to believe or suspect, has committed any offense under existing
penal laws in order to prevent his arrest, prosecution and conviction;
4. Publicly using a fictitious name for the purpose of concealing a crime, evading
prosecution or the execution of a judgement, or concealing his true name and other
personal circumstances for the same purpose or purposes;
5. Delaying the prosecution of criminal cases by obstructing the service of process or court
orders or disturbing proceedings in the fiscals offices in Tanodbayan, or in the courts,
6. Making, presenting or using any record, document, paper or object with knowledge of its
falsity and with intent to affect the course or outcome of the investigation of, or official
proceedings in, criminal cases;
7. Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining
from, discounting, or impeding the prosecution of a criminal offender
8. Threatening directly or indirectly another with the infliction of any wrong upon his person,
honor or property or that of any immediate member or members of his family in order to
prevent such person from appearing in the investigation of, or official proceedings in,
criminal cases, or imposing a condition , whether lawful or unlawful , in order to prevent
a person from appearing in the investigation of or in official proceedings in, criminal
cases;
9. Giving false or fabricated information to mislead or prevent the law enforcement
agencies from apprehending the offender or from protecting the life or property of the
victim; or fabricating information from the data gathered in confidence by investigating
authorities for purposes of background information and not for publication and publishing
or disseminating the same to mislead the investigator or the court.

Take Note:
If any of the acts mentioned herein is penalized by any other law with higher penalty, the
higher penalty shall be imposed upon any person who KNOWINGLY, WILLFULLY
OBSTRUCTS, IMPEDES, FRUSTRATES OR DELAYS THE APPREHENSION OF
SUSPECTS AND THE INVESTIGATION AND PROSECUTION OF CRIMINAL CASES
by committing any of the acts punishable under this decree.
The penalty of PRISION CORRECCIONAL IN ITS MAXIMUM PERIOD OR A FINE
RANGING FROM 1,000 TO 6,000 PESOS, OR BOTH.
If any of the foregoing acts is committed by A PUBLIC OFFICIAL OR EMPLOYEE, he
shall in addition to the penalties provided thereunder, suffer PERPETUAL
DISQUALIFICATION FROM HOLDING PUBLIC OFFICE.

REPUBLIC ACT NO. 4200

AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED
VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.

ACTS PUNISHABLE:
It shall be unlawful for any person:
1. Not being authorized by all the parties to any private communication or spoken word, to
tap any wire or cable, or by using any other device or arrangement, to secretly
overhear, intercept, or record such communication or spoken word by using a device
commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or taperecorder, or however otherwise described (Section 1 paragraph 1);
2. Be he a participant or not in the act or acts penalized in the next preceding sentence, to
knowingly possess any tape record, wire record, disc record, or any other such
record, or copies thereof, of any communication or spoken word secured either before
or after the effective date of this Act in the manner prohibited by this law; or to replay the
same for any other person or persons; or to communicate the contents thereof, either
verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to
any other person: PROVIDED, that the use of such record or any copies thereof as
evidence in any civil, criminal investigation or trail of offenses mentioned in Section 3
hereof, shall not be covered by this prohibition (Section 1 paragraph 2).

EXCEPTION:
Nothing contained in this Act, however, shall render it unlawful or punishable for any
peace officer, who is authorized by a written order of the Court, to execute any of the acts
declared to be unlawful in the two preceding sections in cases involving the crimes of :
(PPETCCRIIMKV)
1. Provoking war and disloyalty in case of war
2. Piracy
3. Espionage
4. Treason
5. Conspiracy and proposal to commit rebellion
6. Conspiracy to commit sedition
7. Rebellion
8. Inciting to rebellion
9. Inciting to sedition
10. Mutiny in the high seas
11. Kidnapping as defined by the Revised Penal Code, and
12. Violations of Commonwealth Act No. 616, punishing espionage and other offenses
against national security (Section 3 paragraph 1)

THE WRITTEN ORDER SHALL ONLY BE ISSUED OR GRANTED: (Section 3 paragraph 1)

1. Upon written application and the examination under oath or affirmation of the applicant
and the witnesses he may produce,
2. That there are reasonable grounds to believe that any of the crimes enumerated herein
above has been committed or is being committed or is about to be committed,
PROVIDED, however, That in cases involving the offenses of rebellion, conspiracy and
proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition and
inciting to sedition such authority shall be granted only upon prior proof that a rebellion or acts of
sedition, as the case may be, have actually been or are being committed;
3. That there are reasonable grounds to believe that evidence will be obtained essential to
the conviction of any person for, or to the solution of, or to the prevention of, any of such
crimes; and
4. That there are no other means readily available for obtaining such evidence.

THE WRITTEN ORDER OF THE COURT SHALL SPECIFY (Section 3 paragraph 2)

1. The identity of the person or persons whose communication , conversations,
discussions, or spoken words are to be overheard, intercepted, or recorded and, in the
case of telegraphic or telephonic communications, the telegraph line or the telephone
number involved and its location;
2. The identity of the peace officer authorized to overhear, intercept, or record the
communications, conversations, discussions, or spoken words;
3. The offense or offenses committed or sought to be prevented; and
4. The period of authorization.
Take Note:

The authorization shall be effective for the period specified in the order which
shall not exceed sixty (60) days from the date of issuance of the order, unless
extended or renewed by the court upon being satisfied that such extension or
renewal is in the public interest.

REPUBLIC ACT NO. 8049

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN
FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND
PROVIDING PENALTIES THEREFOR

DEFINITION OF TERMS:
a.) HAZING as used in this Act, is an initiation rite or practice as a prerequisite for
admission into membership in a fraternity, sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing or humiliating situations such as forcing
him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting
him to physical or psychological suffering or injury.
b.) ORGANIZATION shall include any club or the Armed Forces of the Philippines,
Philippine National Police, Philippine Military Academy, or officer and cadet corp of the
Citizen's Military Training and Citizen's Army Training.
The physical, mental and psychological testing and training procedure and practices to
determine and enhance the physical, mental and psychological fitness of prospective
regular members of the Armed Forces of the Philippines and the Philippine National
Police as approved by the Secretary of National Defense and the National Police
Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines
and the Director General of the Philippine National Police shall not be considered as
hazing for the purposes of this Act.

IN A CORPORATION, THE PROVISION OF R.A. 8049 WHICH PRESCRIBES PENALTY FOR

HAZING, SHALL APPLY TO THE FOLLOWING: (MOPD)

Manager
Other responsible officer of
employment
President
Director

a corporation engaged in hazing as a requirement for

AGGRAVATING CIRCUMSTANCE
The MAXIMUM PENALTY for VIOLATION of R.A. 8049 shall be imposed in any of the following
instances: (AIROB)

When the recruitment is Accompanied by force, violence, threat, intimidation or deceit on

the person of the recruit, who refuses to join ;
When the recruit , neophyte or applicant Initially consents to join, but upon learning that
hazing will be committed on his person, is prevented from quitting;
When the recruit, neophyte or applicant having undergone hazing is prevented from
Reporting the unlawful act to his parents, guardians , to the proper school authorities, or
to the police authorities, through force, violence, threat or intimidation;
When the hazing is committed Outside of the school or institution; or

When the victim is Below twelve years of age at the time of hazing.

THE PRINCIPLE OF PRAETER INTENTIONEM IS NOT APPRECIABLE IF THE CRIME

COMMITTED IS HAZING.

Section 4 of R.A. 8049 says that any person charged under this provision shall
not be entitled to the mitigating circumstance that there was no intention to
commit so grave a wrong.

The following persons are LIABLE AS PRINCIPALS in the crime of hazing:

(PAPP)

Participators officers and members of the fraternity, sorority or organization,

who actually participated in the infliction of physical harm upon the recruit
o PRIMA FACIE EVIDENCE- R.A. 8049, the presence of any person during
the hazing is a prima facie evidence of participation therein as a principal
unless he prevented the commission of the crime of hazing.

Advisers- failure to take action to prevent its commission give rise to criminal
liability on his part

Planners- Sec. 4 of R.A. 8049 states that the officers, former officers, alumni of
the organization group , fraternity or sorority who actually planned the hazing
although not present when the acts constituting the crime of hazing were
committed shall be liable as principals.

Parents- if the hazing is held in the home of one of the officers or members of the
fraternity, group, or organization, the parents shall be held as liable as principals
when they have actual knowledge of the hazing conducted therein but failed to
take any action to prevent the same from occurring.

The following persons are LIABLE AS ACCOMPLICES in the crime of hazing:

Owner of the place of commission- when he has actual knowledge of the hazing therein
but failed to take any action to prevent the same from occurring; and

School authorities- The school authorities including faculty members who consent to the
hazing or who have actual knowledge thereof, but failed to take any action to prevent the
same from occurring.

ADMINISTRATIVE CASE Under R.A. 8049, the responsible officials of the school of the
police, military or citizens army training organization, may impose the appropriate administrative
sanctions on the person or the persons charged with hazing under Section 4 EVEN BEFORE
THEIR CONVICTION.

REPUBLIC ACT 9344

AS AMENDED BY REPUBLIC ACT 10630
AN ACT EXTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE
SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE
DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

DEFINITION OF TERMS:
a. BAHAY PAG-ASA refers to a 24-hour child-caring institution established,
funded and managed by local government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs) providing short-term residential
care for children in conflict with the law who are above fifteen (15) but below
eighteen (18) years of age who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.
Part of the features of a Bahay Pag-asa is an intensive juvenile intervention and
support center. This will cater to children in conflict with the law in accordance
with Sections 20, 20-A and 20-B hereof.
b. CHILD refers to a person under the age of eighteen (18) years
c. CHILD AT RISK- refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical, psychological, mental,
economic or any other means and the parents or guardian refuse, are unwilling,
or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the
parent or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
d. CHILD IN CONFLICT WITH THE LAW- refers to a child who is alleged
as,accused of, or adjudged as, having committed an offense under Philippine
laws.
e. DIVERSION- refers to an alternative, child-appropriate process of determining
the responsibility and treatment of a child in conflict with the law on the basis of
his/her social, cultural, economic, psychological or educational background
without resorting to formal court proceedings.

f.

DIVERSION PROGRAM- refers to the program that the child in conflict with the
law is required to undergo after he/she is found responsible for an offense
without resorting to formal court proceedings.

g. INTERVENTION- refers to a series of activities which are designed to address

issues that caused the child to commit an offense. It may take the form of an
individualized treatment program which may include counseling, skills training,
education, and other activities that will enhance his/her psychological, emotional
and psycho-social well-being.

h. JUVENILE JUSTICE AND WELFARE SYSTEM- refers to a system dealing with

children at risk and children in conflict with the law, which provides childappropriate proceedings, including programs and services for prevention,
diversion, rehabilitation, re-integration and aftercare to ensure their normal
growth and development.

i.

RECOGNIZANCE- refers to an undertaking in lieu of a bond assumed by a

parent or custodian who shall be responsible for the appearance in court of the
child in conflict with the law, when required.

j.

RESTORATIVE JUSTICE - refers to a principle which requires a process of

resolving conflicts with the maximum involvement of the victim, the offender and
the community. It seeks to obtain reparation for the victim; reconciliation of the
offender, the offended and the community; and reassurance to the offender that
he/she can be reintegrated into society. It also enhances public safety by
activating the offender, the victim and the community in prevention strategies.

k. STATUS OFFENSES - refers to offenses which discriminate only against a child,

while an adult does not suffer any penalty for committing similar acts. These shall
include curfew violations; truancy, parental disobedience and the like.

MINIMUM AGE OF CRIMINAL RESPONSIBILITY (SECTION 6)

A child fifteen (15) years of age or under at the time of the commission of the
offense shall be exempt from criminal liability. However, the child shall be subjected
to an intervention program pursuant to Section 20 of this Act.

A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary
of his/her birthdate.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise
be exempt from criminal liability and be subjected to an intervention program,
UNLESS he/she has acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with this Act.

The exemption from criminal liability herein established does not include exemption
from civil liability, which shall be enforced in accordance with existing laws.

STEP 1: DETERMINATION OF AGE (SEC. 7)

PRESUMPTION:
The child in conflict with the law shall enjoy the presumption of minority.

CONSTRUCTION:
In case of doubt as to the age of the child, it shll be resolved in his/her favour.

EVIDENCE OF AGE :
DOCUMENTS (BBO)
o

Childs Birth certificate

Baptismal certificate

Any Other pertinent documents

In the absence of the above documents, information from : (CTA)

o the Child himself / herself
o Testimonies of other persons
o The physical Appearance of the child and other relevant evidence

STEP 2: ASCERTAINMENT OF CRIMINAL LIABILITY BASED ON AGE AND DISCERNMENT

1. Child 15 years of age or under at the time of the commission of the offense- shall be
exempt from criminal liability. However, the child shall be subjected to an intervention
program
2. If the child is 15 years of age or belowThe authority which will have an initial contact with the child, in consultation with
the local social welfare and development officer, has the duty to immediately
release the child to the custody of his/her parents or guardian, or in the
absence thereof, the childs nearest relative. The child shall be subjected to a
community-based intervention program supervised by the local social welfare
and development officer, unless the best interest of the child requires the referral
of the child to a youth care facility or Bahay Pag-asa managed by LGUs or
licensed and/or accredited NGOs monitored by the DSWD.

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) A duly registered nongovernmental or religious organization;
(b) A barangay official or a member of the Barangay Council for
the Protection of Children (BCPC);
(c) A local social welfare and development officer; or, when and
where appropriate, the DSWD.

PROCEDURE FOR TAKING THE CHILD INTO CUSTODY (SEC. 21)

From the moment the child is taken into custody, the law enforcement officer shall :
1. Explain to the child in simple language and in dialect that he/she can understand why
he/she is being placed under the custody and the offense that he/she allegedly
committed;
2. 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;

3. Properly identify himself/herself and present proper identification to the child.

4. 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;
5. 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;
6. Refrain from subjecting the child in conflict with the law to greater restraint than is
necessary.
7. Avoid violence of unnecessary force.
8. Determine the age of the child.
9. Immediately but not later than 8 hours after apprehension, turn over custody of the
child to the Social Welfare and Development Office or other accredited NGOs and
notify the childs apprehension. The Social Welfare and development officer shall explain
to the child and the childs parents/guardians the consequences of the childs act with a
view towards counselling and rehabilitation, diversion from the criminal justice system,
and reparation, if appropriate.
10. 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 afforded by the Family Court.
11. 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;
12. Record the following in the initial investigation:
a. Whether handcuffs or other instruments of restraint were used, ad if so, the
reason for such;
b. That the parents or guardian of a child, the DSWD and the PAO have been
informed of the apprehension and the details thereof ; and
c. 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
13. Ensure that all the statements signed by the child during investigation shall be
witnessed by the childs parents or guardian, social worker, or legal counsel in
attendance who shall affix his/her signature to the said statement.
NOTE:
A child in conflict with the law shall be searched by a law enforcement officer of the
same gender and shall not be locked up in a detention cell.

SYSTEM OF DIVERSION
Children in conflict with the law shall undergo diversion programs without undergoing court
proceedings subject to the conditions herein provided:

(a) Where the imposable penalty for the crime committee is not more than six (6) years
imprisonment, the law enforcement officer or Punong Barangay with the assistance of
the local social welfare and 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.

DIVERSION MEASURES (SEC. 37)

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.
NOTE: The exemption from criminal liability herein established does not include exemption from
civil liability.
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 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. (Sec. 38)

STEP 3: DISCHARGE OF THE CHILD IN CONFLICT WITH THE LAW (SEC. 39)
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 (Sec. 40)
If the court finds that the objective of the disposition measures imposed upon the child in
conflict with the law have not been fulfilled, or if the child in conflict with the law has wilfully
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.

CREDIT IN SERVICE OF SENTENCE (Sec. 41)

The child in conflict with the law shall be credited in the services of his/her sentence with the full
time spent in actual commitment and detention under this Act.

PROBATION AS AN ALTERNATIVE TO IMPRISONMENT. (SEC. 42)

The court may, after it shall have convicted and sentenced a child in conflict with the law, and
upon application at any time, place the child on probation in lieu of service of his/her sentence
taking into account the best interest of the child. For this purpose, Section 4 of Presidential
Decree No. 968, otherwise known as the "Probation Law of 1976", is hereby amended
accordingly.

STATUS OFFENSES (SEC.57)

Any conduct not considered an offense or not penalized if committed by an adult shall not be
considered an offense and shall not be punished if committed by a child.
SEC. 57-A. Violations of Local Ordinances. Ordinances enacted by local governments
concerning juvenile status offenses such as, but not limited to, curfew violations, truancy,
parental disobedience, anti-smoking and anti-drinking laws, as well as light offenses and
misdemeanors against public order or safety such as, but not limited to, disorderly conduct,
public scandal, harassment, drunkenness, public intoxication, criminal nuisance,
vandalism, gambling, mendicancy, littering, public urination, and trespassing, shall be for
the protection of children. No penalty shall be imposed on children for said violations, and they

shall instead be brought to their residence or to any barangay official at the barangay hall to be
released to the custody of their parents. Appropriate intervention programs shall be provided for
in such ordinances. The child shall also be recorded as a child at risk and not as a child in
conflict with the law. The ordinance shall also provide for intervention programs, such as
counseling, attendance in group activities for children, and for the parents, attendance in
parenting education seminars.

OFFENSES NOT APPLICABLE TO CHILDREN

Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of
vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under
Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such
prosecution being inconsistent with the United Nations Convention on the Rights of the
Child: Provided, That said persons shall undergo appropriate counseling and treatment
program.

***All duty-bearers, including barangay/BCPC workers, law enforcers, teachers, guidance

counselors, social workers and prosecutors who will receive report, handle or refer cases of
children in conflict with the law, shall ensure a faithful recordation of all pertinent
information, such as age, residence, gender, crime committed or accused of and the details of
the intervention or diversion, as the case may be, under which they will undergo or has
undergone, of all children in conflict with the law to guarantee the correct application of the
provisions of this Act and other laws. The JJWC shall lead in the establishment of a centralized
information management system on children in conflict with the law. This is however without
prejudice to Section 43 (Confidentiality of Records and Proceedings ) of this Act.