SUPREME COURT RULE ON

JUVENILES IN CONFLICT WITH THE LAW

 DEFINITION OF TERMS
Sec. 1 A child in conflict with the law is a person
who at the time of the commission of the offense is
below eighteen (18) years old but not less than
fifteen (15) years and one (1) day old.
Provided a reckoning point: at the time of the
commission of the offense
If 18 or above at the time of initial contact, Rule does
not apply
Does not include a child 15 years old and below
 DEFINITION OF TERMS
Sec. 4(a) Age of criminal responsibility is the age
when a child, fifteen (15) years and one (1) day old
or above but below eighteen (18) years of age,
commits an offense with discernment.
Clarifies that “above 15” in R.A. 9344 refers to
15 years and 1 day or above
 DEFINITION OF TERMS
Sec. 4(p) In conflict with the law means take into
custody, detained, or charged with the commission
of an act defined and punished as a crime or offense
under the law, including violations of traffic laws,
rules and regulations, and ordinances of local
government units.
Compare with “alleged as, accused of, or adjudged”
Clarified “an offense under Philippine laws” to include
traffic laws, rules and regulations, and ordinances
 DEFINITION OF TERMS
Sec. 4(u) Non-Serious Offense refers to an offense
where the imposable penalty for the crime
committed is not more than six (6) years
imprisonment.
This term was not used in RA 9344.
 DEFINITION OF TERMS
Sec. 4(y) Serious offense refers to an offense where
the imposable penalty for the offense committed
exceeds six (6) years imprisonment.

This term was not used in RA 9344.

 DETERMINATION OF AGE
New Rule clarified the hierarchy of evidence:
1. original or certified true copy of the certificate of
live birth
2. similar authentic documents
 baptismal certificates
 school records
 or any pertinent document that shows the date
of birth of the child
3. testimony of the child, member of the family, or
other persons; physical appearance and other
relevant evidence
 DETERMINATION OF AGE
In all cases involving a child, the court shall make a
categorical finding as to the age of the child.

In case of doubt as to the age of the child, it shall be

resolved in his/her favor (Section 7, RA 9344)
 DETERMINATION OF DISCERNMENT

Sec. 10 Discernment is preliminarily determined by a

social worker and finally by the court in the case of a
child charged with a non-serious offense . In all other
cases, discernment is determined by the court.
RA 9344 does not indicate who shall determine
discernment .
Rule 34 (c) provides that it is the LSWDO who shall make
an assessment if the child acted with discernment. There
is no distinction between serious and non-serious
offenses.
 RIGHTS OF A CHILD UNDER CUSTODY

Sec. 12 At the custodial investigation, a child who

has been taken into custody shall have the following
rights:
x x x (g) While under investigation, not to be
fingerprinted or photographed in a humiliating and
degrading manner.
This was not specified in RA 9344 or the IRR.
 RIGHTS OF VICTIMS
1) To be reasonably protected from the child in conflict
with the law
2) To timely notice
3) Not to be excluded from any public proceeding
4) To be reasonably heard at any administrative or public
proceeding
5) To confer with the prosecutor
6) To avail of legal assistance from the PAO, IBP, or any
other legal aid office or law practitioner
7) To be informed of the availability of compensation
from the Board of Claims
 RIGHTS OF VICTIMS
8) To be entitled to support services from the DSWD and
LGUs
9) To be entitled to all legal remedies and support as
provided for under the Family Code
10) To be informed of the rights and the services available
to victims
11) To full and timely restitution
12) To proceedings that are free from unreasonable delay
13) To be treated with fairness and with respect for the
victim's dignity and privacy
 GUIDING PRINCIPLES IN
JUDGING THE CHILD
1) Judgment
 in proportion to the gravity of the offense
 In line with balanced and restorative justice
• consider the circumstances
• best interest of the child
• rights of the victim
• needs of society in line with the demands of
balanced and restorative justice.
 GUIDING PRINCIPLES IN
JUDGING THE CHILD
2) Restrictions on the personal liberty of the child
 limited to the minimum
 Impose fine if the penalty for the act is fine or
imprisonment
(3) No corporal punishment shall be imposed.
(4) In case of doubt, the doubt shall be resolved In favor
of the child.
 AUTOMATIC SUSPENSION OF
SENTENCE AND DISPOSITION ORDERS
1) can be availed of even if the child is already 18 or
more but not above 21 years old at the time of the
pronouncement of guilt
2) shall not apply to a child in conflict with the law who
has once enjoyed suspension of sentence
3) shall apply to CICL who is convicted of an offense
punishable by reclusion perpetua or life imprisonment
 AUTOMATIC SUSPENSION OF
SENTENCE AND DISPOSITION ORDERS
4) if the CICL reaches 18 years of age while under
suspended sentence, court shall determine whether:
a. to discharge the child
b. to extend the suspended sentence for a maximum
period of up to the time the child reaches 21, or
c. to order service of sentence.
JUVENILE JUSTICE SYSTEM FLOW CHART

INITIAL SCREENING BY
DOCKETING OF
INVESTIGATION DIVERSION
THE CASE
BY POLICE COMMITTEE

INTAKE REPORT
FILING OF
BY SOCIAL
INFORMATION
WORKER
FORMAL
COURT
FILING OF PROCEEDINGS
PRELIMINARY DIVERSION
COMPLAINT WITH
INVESTIGATION
PROSECUTOR
 JUVENILE JUSTICE SYSTEM FLOW CHART
DIVERSION CLOSURE

DIVERSION COURT ISSUES

PROGRAM ORDER
EXTENSION

SOCIAL WORKER COMMITTEE ISSUES

SUBMITS REPORT RECOMMENDATION
FORMAL
COURT
PROCEEDINGS
 JUVENILE JUSTICE SYSTEM FLOW CHART

DISCHARGE OF
FORMAL CHILD OR
ARRAIGNMENT
EXECUTION OF
COURT
JUDGMENT
PROCEEDINGS

SUSPENSION OF
SENTENCE OR
PRE-TRIAL
SERVICE OF
SENTENCE

TRIAL JUDGMENT