sample case study of cicl

Research on the Situation of Children in Conflict with the Law in Selected Metro Manila Cities

1.8 MiB (PDF)

Save the Children UK

Adhikain, Para, Karapatang, Pambata

Contributors

Oco, Tricia Clare, Tenefrancia, Roselle, Habaradas, Araceli

Content type

Study: Research

Child Protection, Child Protection Systems

Child abuse, Children in conflict with the law, Children in prison, Children's rights, Community-based activities, Customary laws, Judicial aspects, Juvenile justice, Sexual violence and abuse, UN Convention on the Rights of the Child

Rehabilitation Programs For Children In Conflict With the Law (CICL): An Assessment Towards Program Enhancement

Ma. Socorro Jocelyn D.C. Abot

In 2006, the Juvenile Justice and Welfare Act (RA 9344) was signed and subsequently amended by RA 10630 in 2013. The latter aims to further strengthen the juvenile justice and welfare of the youth in the country and established a comprehensive restorative juvenile justice and welfare system. With the signing of the RA10630, local government units are mandated to establish Bahay Pag-asa Centers that will cater to CICL rather than the alternative which is to place them in jails, separate from older inmates. The said law also not only provided for the strengthening of the center-based rehabilitation programs, but also the strengthening of the community-based diversion programs, wherein the CICL is integrated in the society with a community diversion plan that was devised in consultation of the social workers with the BCPC, CICL, parents of the CICL and the aggrieved party / CICL. The research targets a center that already existed prior to the passage of the law and one that was established in accordance with the RA10630. Both centers are operating under the local social welfare and development offices. Their programs are aligned in the standards set by the DSWD. Hence, the research paper was primarily done to determine the effectiveness of the services in the rehabilitation centers for the CICL. In obtaining answers for the foregoing questions in the study, several tools were used, including the structured interview with all the CICL respondents admitted from CY2015 to 2016 using a survey questionnaire, non-structured interview with key implementers and documentary review. In answering the questionnaire, the CICL respondents agreed that all six (6) programs that were evaluated were effective in meeting their needs while in the center. The level of success in the implementation of the programs is evident in how the residents perceived the programs in terms of helpfulness in their rehabilitation. For the Malolos Tanglaw Center, seventy five percent (75%) of the residents agreed that the programs in the center are “Helpful”, while eighty three percent (83%) in the Valenzuela Bahay Pag-Asa considered the programs “Helpful” towards their rehabilitation. It can also be noted that the residents have positive acceptance of the programs implemented in the center. However, there are still problems in program implementation as indicated by the implementers such as the congestion within the center, inadequate budget allocation and insufficient number of staff as against the standard ratio of fifteen (15) CICL to one (1) social worker, and twenty (20) CICL to one (1) houseparent, who needs to be on an eight-hour shifting schedule. The programs for the CICL in the two centers in this study are standard in their components the form of (a) homelife, (b) health care, (c) education, (d) values formation, (e) recreation and sports and (f) skills development. The manner of implementation is dependent of the support of the LGUs in terms of budget, staffing and other resources such as the availability of volunteers for the spiritual and educational services.

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March 2021 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence

FIRST DIVISION

G.R. No. 246146, March 18, 2021

CICL XXX, CHILD IN CONFLICT WITH THE LAW, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

D E C I S I O N

PERALTA, C.J. :

This petition for review on certiorari challenges the September 27, 2018 Decision 1 and the March 4, 2019 Resolution 2 of the Court of Appeals ( CA ) in CA-G.R. CR No. 40165, which affirmed the June 2, 2017 Decision 3 of the Regional Trial Court ( RTC ) of Quezon City, Branch 94, finding petitioner CICL XXX guilty beyond reasonable doubt of the crime of Acts of Lasciviousness.

That on or about the 30 th day of August 2012, in Quezon City, Philippines, the above-named accused CICL XXX, 15 years of age, a minor, but acting with discernment, armed with an icepick, with force and intimidation and with lewd design, did then and there, willfully, unlawfully and feloniously commit acts of lasciviousness upon the person of one AAA 4 15 years of age, a minor by then and there pointing an icepick at her and embracing and kissing her lips down to her neck and mashing both her breast all against her will and without her consent, to the damage and prejudice of the said offended party. CONTRARY TO LAW. 5 chanRoblesvirtualLawlibrary

At around 7:45 o'clock in the evening of 30 August 2012, private complainant AAA was inside the campus of the xxxxxxxxxxx . To her consternation, CICL XXX suddenly grabbed and pulled her towards a comer. He poked an icepick on the right side of her body and uttered: " Wag ka sisigaw ." CICL XXX kissed AAA on the lips down to her neck while unbuttoning her blouse. He proceeded by taking off her sando and bra. Uncontented, he pulled down her panties and mashed her breasts. When a teacher passed by, CICL XXX ran away, giving AAA the chance to escape. She immediately went home. She was so afraid, but a week after the incident, she mustered courage and confessed her ordeal to a priest who encouraged her to report what happened to her. She informed her aunt, BBB, about what CICL XXX did to her. They reported the incident to the school authorities but referred the matter to the barangay office of xxxxxxxxxxx . In turn, they were told to proceed to the Women's Desk of the Batasan Hills Police Station. 6 chanRoblesvirtualLawlibrary

CICL XXX denied the accusations against him. On the date of the fateful incident, he was in school attending classes at xxxxxxxxxxx from 1:30 o'clock to 8:00 o'clock in the evening. From 6:45 o'clock to 8:00 o'clock in the evening, he was inside the classroom for his MAPEH class together with 50 other students. The dismissal time for the said class was 7:45 o'clock in the evening. She dismissed them, however, at 8:00 o'clock After dismissal and along with CCC, DDD and EEE, he immediately proceeded to their service vehicle. He arrived at home at 8:30 o'clock in the evening. He did not have any quarrel with or grudge against private complainant AAA or her family. 7 chanRoblesvirtualLawlibrary

WHEREFORE, premises considered, judgment is hereby rendered finding CICL XXX guilty beyond reasonable doubt of the crime of Acts of Lasciviousness and is hereby sentenced to suffer a straight penalty of twenty (20) days of arresto menor . Accused is further ordered to pay private complainant AAA [P]20,000.00 as civil indemnity, [P]30,000.00 as moral damages and [P]2,000.00 as exemplary damages. Considering that CICL XXX was a minor at the time of the commission of the offense and he is still below 21 years of age, his sentence is hereby suspended. The amount of damages awarded are subject further to interest of six (6%) percent per annum from the date of finality of this judgment until they are fully paid. SO ORDERED. 11 (Italics in the original)

Time and again, we have held that when it comes to the issue of credibility of the victim or the prosecution witnesses, the findings of the trial courts carry great weight and respect and, generally, the appellate courts will not overturn the said findings unless the trial court overlooked, misunderstood or misapplied some facts or circumstances of weight and substance which will alter the assailed decision or affect the result of the case. This is so because trial courts are in the best position to ascertain and measure the sincerity and spontaneity of witnesses through their actual observation of the witnesses' manner of testifying, their demeanor and behavior in court. Trial judges enjoy the advantage of observing the witness' deportment and manner of testifying, her "furtive glance, blush of conscious shame, hesitation, flippant or sneering tone, calmness, sigh, or the scant or full realization of an oath" - all of which are useful aids for an accurate determination of a witness' honesty and sincerity. Trial judges, therefore, can better determine if such witnesses are telling the truth, being in the ideal position to weigh conflicting testimonies. Again, unless certain facts of substance and value were overlooked which, if considered, might affect the result of the case, its assessment must be respected, for it had the opportunity to observe the conduct and demeanor of the witnesses while testifying and detect if they were lying. The rule finds an even more stringent application where the said findings are sustained by the Court of Appeals. 19 ( Emphasis supplied )

First, in her initiatory statement, she stated that she was on her way home from school when she was pulled into a dark room and she was molested. In her reply, the complainant changed her story. This time, she alleged that she was on her way to school because a math teacher summoned her so they can discuss her low grades. x x x Second, the complainant alleges that the school was dark and empty at 7:45 pm. This is highly [improbable], if not downright impossible. As repeatedly established and is undisputed, the afternoon shift of xxxxxxxxxxx has 70 sections of 45-50 students each. Assuming that the sections were all dismissed on time, at 7:45pm, the complainant's allegations would already crumble in the face of reality. Three Thousand Five Hundred students would be at the school grounds at that particular time contrary to the complainant's outrageous claim that the school was already deserted. Of the thousands of students lingering around the school yards at that hour, at least some would have seen the incident or its immediate aftermath. In fact, if the school were deserted as she claims, it is improbable for her to be just on her way to school for a meeting with a teacher at such a late hour. Third, it is likewise established that the CICL was in class in full view of the credible defense witnesses at least from the start of the last period until they were each brought home by their school service. 23 chanRoblesvirtualLawlibrary

The court finds the direct, clear and straightforward testimony of AAA credible, convincing, and in accordance with the testimony of a victim crying for justice. In the absence of any proof showing that AA (sic) had ill-motive to falsely impute lascivious conduct on CICL XXX, her testimony deserves full faith and credence. Well settled is the rule that courts are inclined to give credence to the version of a young and immature girl of what transpired. Aside from her vulnerability, she would also be exposed to shame, and embarrassment if her testimony is not true. 32 chanRoblesvirtualLawlibrary

It is a well-known fact that women, especially Filipinos, would not admit that they have been abused unless that abuse had actually happened. This is due to their natural instinct to protect their honor. We can not believe that the offended party would have positively stated that intercourse took place unless it did actually take place. 38 chanRoblesvirtualLawlibrary

In this way, we can evaluate the testimony of a private complainant of rape without gender bias or cultural misconception. It is important to weed out these unnecessary notions because an accused may be convicted solely on the testimony of the victim, provided of course, that the testimony is credible, natural, convincing, and consistent with human nature and the normal course of things. Thus, in order for us to affirm a conviction for rape, we must believe beyond reasonable doubt the version of events narrated by the victim. 40 ( Emphasis supplied )

As to whether AAA's testimony should be given due weight and credence, it is important to take into consideration the Women's Honor doctrine . The doctrine recognizes the "well-known fact that women, especially Filipinos, would not admit that 1hey have been abused unless that abuse had actually happened, [because it is] their natural instinct to protect their honor." However, as discussed in People v. Amarela , the opinion enshrined under the Women's Honor doctrine borders on the fallacy of non-sequitur , to wit: chanroblesvirtualawlibrary While the factual setting back then would have been appropriate to say it is natural for a woman to be reluctant in disclosing a sexual assault; today we simply cannot be stuck to the Maria Clara stereotype of a demure and reserved Filipino woman. We should stay away from such mindset and accept the realities of a woman's dynamic role in society today; she who has over the years transformed into a strong and confidently intelligent and beautiful person, willing to fight for her rights.

As for Tulagan's imputation of ill motive on the part of AAA's grandmother, absent any concrete supporting evidence, said allegation will not convince us that the trial court's assessment of the credibility of the victim and her supporting witness was tainted with arbitrariness or blindness to a fact of consequence. We reiterate the principle that no young girl, such as AAA, would concoct a sordid tale, on her own or through the influence of her grandmother as per Tulagan's intimation, undergo an invasive medical examination then subject herself to the stigma and embarrassment of a public trial, if her motive was other than a fervent desire to seek justice. In People v. Garcia , we held: chanroblesvirtualawlibrary Testimonies of child-victims are normally given full weight and credit, since when a girl, particularly if she is a minor, says that she has been raped, she says in effect all that is necessary to show that rape has in fact been committed. When the offended party is of tender age and immature, courts are inclined to give credit to her account of what transpired, considering not only her relative vulnerability but also the shame to which she would be exposed if the matter to which she testified is not true. Youth and immaturity are generally badges of truth and sincerity. A young girl's revelation that she had been raped, coupled with her voluntary submission to medical examination and willingness to undergo public trial where she could be compelled to give out the details of an assault on her dignity, cannot be so easily dismissed as mere concoction. 43 (Citations omitted and emphasis supplied)

AAA clearly stated the events that transpired and identified the person who abused her. The court finds the direct, clear and straightforward testimony of AAA credible, convincing, and in accordance with the testimony of a victim crying for justice. In the absence of any proof showing that AAA had ill-motive to falsely impute lascivious conduct on CICL XXX, her testimony deserves full faith and credence. Well settled is the rule that courts are inclined to give credence to the version of a young and immature girl of what transpired. Aside from her vulnerability, she would also be exposed to shame, and embarrassment if her testimony is not true. 44 (Emphasis and underscoring supplied)

Here, the records are devoid of any indication of such physical impossibility that appellant was at the scene of the crime at the time it was committed. His bare alibi that he was no longer inside the school premises at the time of the alleged incident and that he was already at home at about 8:30 o'clock in the evening is exiguously patchy to prove the alleged physical impossibility. Suffice it to say that appellant's teacher categorically declared that they were dismissed from their MAPEH class at about 7:45 in the evening. As aptly held by the court a quo , appellant was not able to establish his physical impossibility to be at the campus of xxxxxxxxxxx at the time of the commission of the offense and that he was in fact in the same area at the time the offense was committed. 49 chanRoblesvirtualLawlibrary

Based on the Caoili guidelines, it is only when the victim of the lascivious conduct is 18 years old and above that such crime would be designated as "Acts of Lasciviousness under Article 336 of the RPC" with the imposable penalty of prision correccional . x x x Whereas if the victim is 12 years old and under 18 years old, or 18 years old and above under special circumstances, the nomenclature of the crime should be "Lascivious Conduct under Section 5 (b) of R.A. No. 7610" with the imposable penalty of reclusion temporal in its medium period to reclusion perpetua , but it should not make any reference to the provisions of the RPC. 55 chanRoblesvirtualLawlibrary

Crime Committed: Age of Victim: Under 12 years old or demented 12 years old or below 18, or 18 under special circumstances 18 years old and above Acts of Lasciviousness committed against children exploited in prostitution or other sexual abuse ï¿½ï¿½ ï¿½ Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period Lascivious conduct under Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period to reclusion perpetua Not applicable Sexual Assault committed against children exploited in prostitution or other sexual abuse Sexual Assault under Article 266-A (2) of the RPC in relation to Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period Lascivious Conduct under Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period to reclusion perpetua Not applicable Sexual Intercourse committed against children exploited in prostitution or other sexual abuse Rape under Article 266-A (1) of the RPC: reclusion perpetua , except when the victim is below 7 years old in which case death penalty shall be imposed Sexual Abuse 77 under Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period to reclusion perpetua ï¿½ Not applicable Rape by carnal knowledge Rape under Article 266-A (1) in relation to Art. 266-B of the RPC: reclusion perpetua , except when the victim is below 7 years old in which case death penalty shall be imposed Rape under Article 266-A (1) in relation to Art. 266-B of the RPC: reclusion perpetua Rape under Article 266-A (1) of the RPC: reclusion perpetua Rape by Sexual Assault Sexual Assault under Article 266-A (2) of the RPC in relation to Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period Lascivious Conduct under Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period to reclusion perpetua Sexual Assault under Article 266-A (2) of the RPC: prision mayor

We are unconvinced that R.A. No. 7610 only protects a special class of children, i.e. , those who are "exploited in prostitution or subjected to other sexual abuse," and does not cover all crimes against them that are already punished by existing laws. It is hard to understand why the legislature would enact a penal law on child abuse that would create an unreasonable classification between those who are considered as "exploited in prostitution and other sexual abuse" or EPSOSA and those who are not. After all, the policy is to provide stronger deterrence and special protection to children from all forms of abuse, neglect, cruelty, exploitation, discrimination and other conditions prejudicial to their development. 59 chanRoblesvirtualLawlibrary

SEC. 40. Return of the Child in Conflict with the Law to Court. ï¿½ 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 willfully failed to comply with the condition 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.

SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. - A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD.

Crime Civil Indemnity Moral Damages Exemplary Damages Acts of Lasciviousness under Article 336 of the RPC [Victim is of legal age] P20,000.00 P20,000.00 P20,000.00 Acts of lasciviousness in relation to Section 5 (b) of R.A. No. 7610 [Victim is a child under 12 years old or is demented] P50,000.00 P50,000.00 P50,000.00 Sexual Abuse or Lascivious Conduct under Section 5 (b) of R.A. No. 7610 [Victim is a child 12 years old and below 18, or above 18 under special circumstances] P75,000.00 (If penalty imposed is reclusion perpetua ) P75,000.00 (If penalty imposed is reclusion perpetua ) P75,000.00 (If penalty imposed is reclusion perpetua ) P50,000.00 (If penalty imposed is within the range of reclusion temporal medium ) P50,000.00 (If penalty imposed is within the range of reclusion temporal medium ) P50,000.00 (If penalty imposed is within the range of reclusion temporal medium ) Sexual Assault under Article 266-A (2) of the RPC [Victim is of legal age] P30,000.00 P30,000.00 P30,000.00 Sexual Assault under Article 266-A (2) of the RPC in relation to Section 5 (b) of R.A. No. 7610 [Victim is a child under 12 years old or is demented] P50,000.00 P50,000.00 P50,000.00

1 Penned by Associate Justice Japar B. Dimaampao, with Associate Justices Manuel M. Barrios and Henri Jean Paul B. Inting (now a Member of the Supreme Court) concurring; rollo , pp. 23-29. 2 Id. at 30-31. 3 Id. at 32-38. 4 In accordance with Amended Administrative Circular No. 83-2015, the identities of the parties, records and court proceedings are kept confidential by replacing their names and other personal circumstances with fictitious initials, and by blotting out the specific geographical location that may disclose the identities of the victims. 5 Rollo , p. 24. 6 Id. at 24-25. 7 Id. at 25. 8 Id. at 35. 9 Id. 10 Id. at 32-38. 11 Id. at 37-38. 12 Id. at 25. 13 Id. at 23-29. 14 Id. at 30-31. 15 Id. at 10. 16 Cedeï¿½o v. People, et al. , 820 Phil. 575, 600 (2017). 17 Typoco, Jr. v. People , 816 Phil. 914, 929 (2017). 18 People v. Tulagan , G.R. No. 227363, March 12, 2019. 19 Id. , citing People v. Gahi , 727 Phil. 642, 658 (2014). 20 Cirtek Employees Labor Union-Federation of Free Workers v. Cirtek Electronics, Inc. , 665 Phil. 784, 789 (2011). 21 Rollo , p. 11. ( Emphasis in the original ) 22 People v. Tuballas , 811 Phil. 201, 211 (2017). 23 Rollo , pp. 17-18. 24 Id. at 18. 25 Perez v. People , 830 Phil. 162, 177 (2018). 26 Id. at 177-178. 27 People v. Bensurto, Jr. , 802 Phil. 766, 774 (2016). 28 People v. Tulagan, supra note 18. 29 Id. 30 People v. Parba-Rural , G.R. No. 231884, June 27, 2018. 31 People v. Amarela, et al. , 823 Phil. 1188 (2018). 32 Rollo p. 11. 33 Supra note 31. 34 G.R. No. 241780, October 12, 2020. 35 G.R. No. 240229, June 17, 2020. 36 CONSTITUTION, Art. VIII, Sec. 4, par. (3). 37 109 Phil. 912 (1960). 38 Id. at 914-915. 39 Supra note 31. 40 Id. at 1200. 41 People v. Nocido, supra note 35. 42 Supra note 18. 43 Id. 44 Rollo , p. 36. 45 Awas v. People , 811 Phil. 700, 707-708 (2017); Garingarao v. People , 669 Phil. 512, 522 (2011). 46 Rollo , p. 18. 47 People v. Regaspi , 768 Phil. 593, 598-599 (2015). 48 People v. Tulagan, supra note 18. 49 Rollo , p. 28. 50 Id. at 36. 51 Id. at 36-37. 52 People v. Nocido, supra note 35. 53 Id. 54 People v. Tulagan, supra note 18. 55 Id. 56 Id. 57 People v. Nocido, supra note 35. 58 Supra note 18. 59 Id. 60 Rollo , p. 32. 61 People v. Mantalaba , 669 Phil. 461, 482-483 (2011). 62 Rollo , p. 32. 63 REVISED PENAL CODE, Art. 68. 64 REVISED PENAL CODE, Art. 64. 65 Rollo , p. 37. 66 Republic Act No. 9344 (2006), Sec. 38 provides: SEC. 38. 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. Upon suspension of sentence and after considering the various circumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law. 67 People v. Ancajas, et al. , 772 Phil. 166, 189 (2015). 68 615 Phil. 97, 130 (2009). 69 Rollo , p. 37. 70 Supra note 18. 71 People v. Nocido, supra note 35.

CAGUIOA, J. :

1 Petitioner was charged and convicted by the trial court for the crime of Acts of Lasciviousness under the Revised Penal Code, docketed as Criminal Case No. R-QZN-15-06050-CR. 2 Ponencia , p. 17. 3 G.R. No. 227363, March 12, 2019. 4 J. Caguioa, Concurring and Dissenting Opinion in People v. Tulagan , G.R. No. 227363, March 12, 2019, p. 33; emphasis, italics and underscoring omitted. 5 Id. at 21, citing People v. Abello , 601 Phil. 373, 392 (2009). 6 Id. at 28. 7 See ponencia , p. 2. 8 Before the application of the Indeterminate Sentence Law; see ponencia , id. at 14. cralawredlibrary

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A.M. No. P-14-3240 (Formerly OCA IPI No. 12-3835-P) - GERALYN DELA RAMA, Complainant, v. PATRICIA D. DE LEON, CLERK III, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, NAGA CITY, CAMARINES SUR, Respondent.
G.R. No. 246445 - SPOUSES EULALIO CUENO AND FLORA BONIFACIO CUENO, Petitioners, v. SPOUSES EPIFANIO AND VERONICA BAUTISTA, SPOUSES RIZALDO AND ANACITA BAUTISTA, SPOUSES DIONILO AND MARY ROSE BAUTISTA, SPOUSES ROEL AND JESSIBEL B. SANSON, AND SPOUSES CALIXTO AND MERCEDITA B. FERNANDO, Respondents.
A.C. No. 5054 - SOLEDAD NUï¿½EZ, REPRESENTED BY ANAMIAS B. CO, ATTORNEY-IN-FACT FOR COMPLAINANT, Complainant, v. ATTY. ROMULO L. RICAFORT, Respondent. [A.C. No. 6484, March 2, 2021] ADELITA B. LLUNAR, Complainant, v. ATTY. ROMULO L. RICAFORT, Respondent. IN RE: PETITION FOR JUDICIAL CLEMENCY OF ROMULO L. RICAFORT.
G.R. No. 219744 - LEVI STRAUSS & CO., Petitioner, v. ANTONIO SEVILLA AND ANTONIO L. GUEVARRA, Respondents.
G.R. No. 224182 - SOCIAL SECURITY SYSTEM, Petitioner, v. COMMISSION ON AUDIT, Respondent.
G.R. No. 249281 - MALAYAN BANK SAVINGS AND MORTGAGE BANK, Petitioner, v. SPS. JOSEPH & JOCELYN CABIGAO REPRESENTED BY EDGARDO S. SUAREZ, AND ROSALINDA E. TECHICO, FERDINAND ANTHONY C. SEVILLEJA (AS THE FORMER REGISTRAR OF DEEDS OF MEYCAUAYAN, BULACAN), Respondents.
G.R. No. 239871 - LYNNA G. CHUNG, Petitioner, v. OFFICE OF THE OMBUDSMAN AND OFFICE OF THE OMBUDSMAN-FIELD INVESTIGATION OFFICE, Respondents.
G.R. No. 210329 - PHILIPPINE TRANSMARINE CARRIERS INC., AND/OR MARIN SHIPMANAGEMENT LIMITED, Petitioners, v. CLARITO A. MANZANO, Respondent.
G.R. No. 248530 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. REYNALDO DECHOSO Y DIVINA, Accused-Appellants.
G.R. No. 244388 - JAYRALDIN F. EBUS, Petitioner, v. THE RESULTS COMPANY, INC., MICHAEL KALAW, SHERRA DE GUZMAN, SUMMER DOMBROWSKI, JAY MORENTE AND FRANCIS LACUNA, Respondents.
G.R. No. 240774 - TOYO SEAT PHILIPPINES CORPORATION/YOSHIHIRO TAKAHAMA, Petitioners, v. ANNABELLE C. VELASCO, RENATO NATIVIDAD, FLORANTE BILASA, AND MARY ANN BENIGLA, Respondents.
G.R. No. 202661 - LETICIA A. RAMIREZ, Petitioner, v. FELOMINO ELOMINA, REPRESENTED BY HIS ATTORNEY-IN-FACT, FEDERICO ELOMINA, Respondent.
G.R. No. 202284 - CRISTINA* R. SEMING, Petitioner, v. EMELITA P. ALAMAG, VIOLETA L. PAMAT, ROLANDO L. PAMAT AND FERNANDO L. PAMAT, Respondents.
G.R. No. 203367 - ENERGY DEVELOPMENT CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.
G.R. No. 209437 - PHILAM HOMEOWNERS ASSOCIATION, INC., AND MARCIA CAGUIAT, Petitioners, v. SYLVIA DE LUNA AND NENITA BUNDOC, Respondents.
G.R. No. 228854 - NIEVES NAVARRO, IN HER CAPACITY AS ONE OF THE VENDEES OF A PORTION OF THE ESTATE OF DIONISIA CAYABYAB AND AS ONE OF THE HEIRS OF VICTORIA CAYABYAB, AND IRENE NAVARRO, IN HER CAPACITY AS ONE OF THE HEIRS OF VICTORIA CAYABYAB, Petitioners, v. ZENAIDA CAYABYAB HARRIS AND ROBERT E. HARRIS, IN THEIR CAPACITY AS HEIRS OF RODRIGO CAYABYAB AND JOSEFINA BAUTISTA CAYABYAB; MELANIO CAYABYAB AND MARGARITA LAMBINO, THE HEIRS OF INOCENCIA CAYABYAB; VENERANDA CAYABYAB-PASTRANA, JOSE CAYABYAB AND VERONICA SIAPNO, YOLANDA CAYABYAB, AND FELIX CAYABYAB AND MYRNA PADUA, IN THEIR CAPACITY AS HEIRS OF REMEGIO CAYABYAB, Respondents.
G.R. No. 238077 - TEDDY L. PANARIGAN, Petitioner, v. CIVIL SERVICE COMMISSION - REGIONAL OFFICE (CSCRO) NO. III, Respondent.
G.R. No. 247228 (Formerly UDK 16410) - HAGONOY WATER DISTRICT, CELESTINO S. VENGCO, AND REMEDIOS M. OSORIO, Petitioners, v. COMMISSION ON AUDIT (COA), Respondent.
G.R. No. 248519 - ST. FRANCIS PLAZA CORPORATION, Petitioner, v. EMILIO SOLCO, FRANCIS SOLCO, LILY DELOS REYES-SOLCO AND BENZ FABIAN SOLCO, Respondents.; G.R. No. 248520 - FRANCIS SOLCO, Petitioner, v. EMILIO SOLCO, Respondent.; G.R. Nos. 248757-59 - BENZ FABIAN SOLCO AND LILY DELOS REYES-SOLCO, Petitioners, v. EMILIO SOLCO,* Respondents.
G.R. No. 249247 - HEIRS OF MARY LANE R. KIM, REPRESENTED BY KIM SUNG II, JANICE KIM AND BILLIELYN SHAFER, Petitioners, v. JASPER JASON M. QUICHO, JOINED BY HIS WIFE, Respondents.
G.R. No. 204887 - ERNESTO R. SERRANO, Petitioner, v. SPOUSES LUZVIMINDA & ARNOLD GUZMAN, SPOUSES MARISSA AND EFREN CASTILLO, AND SPOUSES SAMUEL AND EDIVINA PACIS, Respondents.
G.R. No. 216933 - PAQUITO TOH BUSTILLO @ KITS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 221277 - EDUARDO SANTOS, Petitioner, v. REPUBLIC OF THE PHILIPPINES, Respondent.
G.R. No. 224552 - BERMON MARKETING COMMUNICATION CORPORATION, Petitioner, v. SPOUSES LILIA M. YACO AND NEMESIO YACO, Respondents.
G.R. No. 225171 - UNITED PHILIPPINE LINES, INC. AND/OR HOLLAND AMERICA LINE WESTOURS, INC., Petitioners, v. LEOBERT S. RAMOS, Respondent.
G.R. No. 240054 - SATURNINO A. ELEVERA, Petitioner, v. ORIENT MARITIME SERVICES, INC.,/OSM CREW MANAGEMENT, INC.,/MS. VENUS RICO, Respondents.
G.R. No. 231721 - JESUS E. ULAY, Petitioner, v. MARANGUYOD BUSTAMANTE, Respondent.; G.R. No. 231722 - JESUS E. ULAY, Petitioner, v. SALOME BUSTAMANTE-SAROL, HEIRS OF ADELAIDA BUSTAMANTE-PEDROROJA, NAMELY: MARIO PEDROROJA, GERALDINE P. EDERA, SHEILA P. LUBAMA AND HEIRS OF RAMON BUSTAMANTE, REPRESENTED BY MARANGUYOD BUSTAMANTE, Respondents.
G.R. No. 243999 - SPS. LITO AND LYDIA TUMON, Petitioners, v. RADIOWEALTH FINANCE COMPANY, INC., Respondent.
G.R. No. 246700 - RODOLFO "SONNY" D. VICENTE, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 244042 - HYACINTH N. GRAGEDA, Petitioner, v. FACT-FINDING INVESTIGATION BUREAU, OFFICE OF THE DEPUTY OMBUDSMAN FOR THE MILITARY AND OTHER LAW ENFORCEMENT OFFICES RESPONDENTS.; G.R. No. 244043 - IGMEDIO U. BONDOC, JR. Petitioner, v. FACT-FINDING INVESTIGATION BUREAU, OFFICE OF THE DEPUTY OMBUDSMAN FOR THE MILITARY AND OTHER LAW ENFORCEMENT OFFICES RESPONDENTS.[G.R. No. 243644]FCINSP. JOSEPH REYLITO S. ESPIRITU, FINSP. ALLAN L. MAGAYANES, SPO2 JANETTE A. ALCANTARA AND SFO1 MARIA A. GONGONA A.K.A. SFO1 MARIA LUISA R. GONGONA, Petitioners, v. OFFICE OF THE OMBUDSMAN Respondent.
G.R. No. 250649 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEONARDO CABORNAY Y BATULA, Accused-Appellants.
G.R. No. 246793 - HCL TECHNOLOGIES PHILIPPINES, INC., Petitioner, v. FRANCISCO AGRAVIADOR GUARIN, JR., Respondent.
G.R. Nos. 219681-82 - RANULFO C. FELICIANO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.; G.R. No. 219747, March 18, 2021 - DR. CESAR A. AQUITANIA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 217338 - DINO S. PALO, Petitioner, v. SENATOR CREWING (MANILA), INC., ET AL., Respondents.
G.R. No. 230355 - SONIA O. MAHINAY, Petitioner, v. COURT OF APPEALS AND ALMA J. GENOTIVA, Respondents.
G.R. No. 234780 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARIO PANIS, LARRY CILINO FLORES, AURELIO SANTIAGO AND JERRY MAGDAY GALINGANA, Accused.
G.R. No. 228588 - PHILIPPINE CHAMBER OF COMMERCE AND INDUSTRY, SAN BEDA COLLEGE ALABANG INC., ATENEO DE MANILA UNIVERSITY, AND RIVERBANKS DEVELOPMENT CORPORATION, Petitioners, MAYNILAD WATER SERVICES, INC., SILIGAN WHITE CAP SOUTHEAST ASIA, INC., AND FASTECH ELECTRONIQUE, INC., Petitioners-In-Intervention, JOCELYN FORGE, INC. AND LYCEUM OF THE PHILIPPINES ï¿½ BATANGAS CAMPUS, PETITIONERS-IN-INTERVENTION, VS. DEPARTMENT OF ENERGY, HON. ALFONSO G. CUSI, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENERGY, ENERGY REGULATORY COMMISSION AND HON. JOSE VICENTE B. SALAZAR, IN HIS OFFICIAL CAPACITY AS CHAIRPERSON OF THE ENERGY REGULATORY COMMISSION, AND HON. ALFREDO J. NON, HON. GLORIA VICTORIA C. YAP-TARUC, HON. JOSEFINA PATRICIA M. ASIRIT, AND HON. GERONIMO D. STA. ANA, IN THEIR OFFICIAL CAPACITY AS INCUMBENT COMMISSIONERS OF THE ENERGY REGULATORY COMMISSION, Respondents. NATIONAL ASSOCIATION OF ELECTRICITY CONSUMERS FOR REFORMS, INC. (NASECOR), INTERVENOR, AC ENERGY HOLDINGS, INC., INTERVENOR, RETAIL ELECTRICITY SUPPLIERS ASSOCIATION OF THE PHILIPPINES, INC. (RESA), INTERVENOR, PHINMA ENERGY CORPORATION, Intervenor.; G.R. No. 229143, March 2, 2021 - SILLIMAN UNIVERSITY, REPRESENTED BY ITS PRESIDENT, DR. BEN S. MALAYANG III, Petitioners, v. DEPARTMENT OF ENERGY AND ENERGY REGULATORY COMMISSION, Respondents.; G.R. No. 229453, March 2, 2021 - BATANGAS II ELECTRIC COOPERATIVE, INC., PENINSULA ELECTRIC COOPERATIVE, INC., CAMARINES SUR I ELECTRIC COOPERATIVE, INC., ILOILO I ELECTRIC COOPERATIVE, INC., AKLAN ELECTRIC COOPERATIVE, INC., CAPIZ ELECTRIC COOPERATIVE, INC., ANTIQUE ELECTRIC COOPERATIVE INC., AND LEYTE III ELECTRIC COOPERATIVE, INC., Petitioners, v. DEPARTMENT OF ENERGY AND ENERGY REGULATORY COMMISSION, Respondents.
G.R. No. 235730 - WILHELMSEN SMITH BELL MANNING, INC., GOLAR MANAGEMENT UK, LTD. AND/OR EMMANUEL DE VERA, Petitioners, v. BONORES P. VENCER, Respondent.
G.R. Nos. 243029-30 - TITO S. SARION, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. Nos. 246265-66 - MAYBELA. UMPA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 238875 - SENATORS FRANCIS "KIKO" N. PANGILINAN, FRANKLIN M. DRILON, PAOLO BENIGNO "BAM" AQUINO IV, LEILA M. DE LIMA, RISA HONTIVEROS, AND ANTONIO 'SONNY' F. TRILLANES IV, Petitioners, v. ALAN PETER S. CAYETANO, SALVADOR C. MEDIALDEA, TEODORO L. LOCSIN, JR., AND SALVADOR S. PANELO, Respondents.; G.R. No. 239483, March 16, 2021 - PHILIPPINE COALITION FOR THE INTERNATIONAL CRIMINAL COURT (PCICC), LORETTA ANN P. ROSALES, DR. AURORA CORAZON A. PARONG, EVELYN BALAIS-SERRANO, JOSE NOEL D. OLANO, REBECCA DESIREE E. LOZADA, EDELIZA P. HERNANDEZ, ANALIZA T. UGAY, NIZA CONCEPCION ARAZAS, GLORIA ESTER CATIBAYAN-GUARIN, RAY PAOLO "ARPEE" J. SANTIAGO, GILBERT TERUEL ANDRES, AND AXLE P. SIMEON, Petitioners, v. OFFICE OF THE EXECUTIVE SECRETARY REPRESENTED BY HON. SALVADOR MEDIALDEA, THE DEPARTMENT OF FOREIGN AFFAIRS, REPRESENTED BY HON. ALAN PETER CAYETANO, AND THE PERMANENT MISSION OF THE REPUBLIC OF THE PHILIPPINES TO THE UNITED NATIONS, REPRESENTED BY HON. TEODORO LOCSIN, JR., Respondents.; G.R. No. 240954, March 16, 2021 - INTEGRATED BAR OF THE PHILIPPINES, Petitioner, v. OFFICE OF THE EXECUTIVE SECRETARY REPRESENTED BY HON. SALVADOR C. MEDIALDEA, THE DEPARTMENT OF FOREIGN AFFAIRS, REPRESENTED BY HON. ALAN PETER CAYETANO AND THE PERMANENT MISSION OF THE REPUBLIC OF THE PHILIPPINES TO THE UNITED NATIONS, REPRESENTED BY HON. TEODORO LOCSIN, JR., Respondents.
G.R. No. 229103 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RICHARD PUGAL Y AUSTRIA, Accused-Appellants.
G.R. No. 222892 - ANTHONY JOHN APURA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 209584 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JUDITO CORITANA AND JOHN DOE, Accused, JUDITO CORITANA, Accused-Appellants.
G.R. No. 235991 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. AURELIO LIRA Y DULFO, ATANACIO BARNOBAL Y LIRA AND RUDRIGO TEDRANES Y MNU, Accused, AURELIO LIRA Y DULFO, Accused-Appellants.
G.R. No. 238903 - OFFICE OF THE OMBUDSMAN, Petitioner, v. EMELITA MARAASIN BRAï¿½A, Respondent.
G.R. No. 240424 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EUGENE SEGUISABAL, Accused-Appellants.
G.R. No. 243328 - PETRON CORPORATION AND PEOPLE OF THE PHILIPPINES, Petitioners, v. WILLIAM YAO, SR. LUISA C. YAO, WILLIAM YAO, JR., RICHARD C. YAO AND ROGER C. YAO, Respondents.
G.R. No. 247007 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. AAA, Accused-Appellants.
G.R. No. 252857 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. KARLO GUARIN Y BAï¿½AGA, Accused-Appellants.
G.R. No. 246146 - CICL XXX, CHILD IN CONFLICT WITH THE LAW, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 252154 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. TAMIL SELVI VELOO AND N. CHANDRAR NADARAJAN, Accused-Appellants.
G.R. No. 201022 - TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY (TESDA), Petitioner, v. ERNESTO ABRAGAR, Respondent.
G.R. No. 195500 - HEIRS OF LEONARDA LATOJA, NAMELY ANTONIA D. FABILANE, PRUDENCIA D. BELLO, REPRESENTED BY PETRA F. NEGADO, Petitioners, v. HEIRS OF GAVINO LATOJA, NAMELY TEODOSIA FIGUEROA, NICASIO LATOJA III, ROSA CANDARI AND OTHER HEIRS REPRESENTED BY FRIOLAN RAGAY AND MARIA OBREGON, PENRO OF SAMAR, AND REGISTER OF DEEDS OF SAMAR, Respondents.
G.R. No. 247410 - NILO D. LAFUENTE AND BILLY C. PANAGUITON, Petitioners, v. DAVAO CENTRAL WAREHOUSE CLUB, INC., AND LILY S. YAP, CORPORATE SECRETARY, Respondents.
G.R. No. 252325 - FLORITA B. VIRAY, Petitioner, v. HEIRS OF MILAGROS A. VIRAY, REPRESENTED BY JOHN A. VIRAY, Respondents.
G.R. No. 252716 - PATRICIA ZAMORA RIINGEN, Petitioner, v. WESTERN UNION FINANCIAL SERVICES (HONG KONG) LIMITED, PHILIPPINES REPRESENTATIVE OFFICE, Respondent.
G.R. No. 225809 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. SOUTH ENTERTAINMENT GALLERY, INC., Respondent.
G.R. No. 227917 - SPOUSES RUDY FERNANDEZ AND CRISTETA AQUINO, Petitioners, v. SPOUSES MERARDO DELFIN AND ANGELITA DELFIN, Respondents.
G.R. No. 210338 - LUIS SERRANO (DECEASED), SUBSTITUTED BY HIS HEIRS ATTY. LENITO T. SERRANO, CARMELO A. SERRANO, DIMPNA SERRANO-ARCANGEL, AND ATTY. JOSE O. CORTEZ, Petitioners, v. ROSA P. ESPEJO, MANUELA P. CORPUZ, AND SALVADOR CORPUZ, Respondents.
G.R. No. 242414 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MAE AL-SAAD Y BAGKAT, Accused-Appellants.
G.R. No. 234299 - CHARTIS PHILIPPINES INSURANCE, INC. (NOW AIG PHILIPPINES INSURANCE, INC.), Petitioner, v. CYBER CITY TELESERVICES, LTD., Respondent.
G.R. No. 236305 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LOUIE C. VILLENA @ ISIT, Accused-Appellants.
G.R. No. 247576 - ROSARIO D. ADO-AN-MORIMOTO, Petitioner, v. YOSHIO MORIMOTO AND THE REPUBLIC OF THE PHILIPPINES Respondents.
A.C. No. 12843 - ERLINDA BILDNER, Complainant, v. ATTY. SIKINI C. LABASTILLA AND ATTY. ALMA KRISTINA ALOBBA, Respondents.
G.R. No. 241787 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. XXX, Accused-Appellants.
G.R. No. 241952 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOEBERT TAROMA ZAPATA, Accused-Appellants.
G.R. No. 242552 - BENJAMIN M. OLIVEROS, JR., OLIVER M. OLIVEROS AND MAXIMO Z. SOTTO, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 235418 - ANTONIO M. SUBA, Petitioner, v. SANDIGANBAYAN FIRST DIVISION AND PEOPLE OF THE PHILIPPINES, Respondents.
G.R. No. 250295 - PEOPLE OF THE PHILIPPINES, Petitioner, v. NACI BORRAS Y LASCANO, Respondent.
G.R. No. 238875 - SENATORS FRANCIS "KIKO" N. PANGILINAN, FRANKLIN M. DRILON, PAOLO BENIGNO "BAM" AQUINO IV, LEILA M. DE LIMA, RISA HONTIVEROS, AND ANTONIO 'SONNY' F. TRILLANES IV, Petitioners, v. ALAN PETER S. CAYETANO, SALVADOR C. MEDIALDEA, TEODORO L. LOCSIN, JR., AND SALVADOR S. PANELO, Respondents. [G.R. No. 239483, March 16, 2021] PHILIPPINE COALITION FOR THE INTERNATIONAL CRIMINAL COURT (PCICC), LORETTA ANN P. ROSALES, DR. AURORA CORAZON A. PARONG, EVELYN BALAIS-SERRANO, JOSE NOEL D. OLANO, REBECCA DESIREE E. LOZADA, EDELIZA P. HERNANDEZ, ANALIZA T. UGAY, NIZA CONCEPCION ARAZAS, GLORIA ESTER CATIBAYAN-GUARIN, RAY PAOLO "ARPEE" J. SANTIAGO, GILBERT TERUEL ANDRES, AND AXLE P. SIMEON, Petitioners, v. OFFICE OF THE EXECUTIVE SECRETARY REPRESENTED BY HON. SALVADOR MEDIALDEA, THE DEPARTMENT OF FOREIGN AFFAIRS, REPRESENTED BY HON. ALAN PETER CAYETANO, AND THE PERMANENT MISSION OF THE REPUBLIC OF THE PHILIPPINES TO THE UNITED NATIONS, REPRESENTED BY HON. TEODORO LOCSIN, JR., Respondents. [G.R. No. 240954, March 16, 2021] INTEGRATED BAR OF THE PHILIPPINES, Petitioner, v. OFFICE OF THE EXECUTIVE SECRETARY REPRESENTED BY HON. SALVADOR C. MEDIALDEA, THE DEPARTMENT OF FOREIGN AFFAIRS, REPRESENTED BY HON. ALAN PETER CAYETANO AND THE PERMANENT MISSION OF THE REPUBLIC OF THE PHILIPPINES TO THE UNITED NATIONS, REPRESENTED BY HON. TEODORO LOCSIN, JR., Respondents.

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Dispute Resolution, Litigation, Arbitration

2019 Revised Rule on Children in Conflict with the Law, now in effect.

On 22 January 2019, the Supreme Court released the 2019 Revised Rule on Children in Conflict with the Law, effective on 07 July 2019 (“Revised CICL Rules”). The revisions introduced aim to strengthen the protection of children in conflict with the law and establish that charges involving a minor are now bailable as a matter of right.

The main changes introduced by the Revised CICL Rules are:

Non-applicability of the Rules to a “Child at risk”

A “Child at risk” is defined as a “child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and other social circumstances.” Included in this definition are children who violate ordinances enacted by local governments concerning juvenile status offenses.

Procedure in Taking a CICL in Custody

A child in conflict with the law taken into custody shall now be searched by a law enforcement officer only of the same gender and shall not be locked up in a detention cell. Instead, immediately and not later than eight (8) hours after apprehension, the CICL shall be turned over to the Social Welfare and Development Office or other accredited non-government organizations, and the child’s parents/guardians and Public Attorney’s Office shall be notified of such apprehension.

Duties of Law Enforcement Officers

During initial investigation, law enforcement officers’ duties include:

o Determining whether the case involves a CICL and where to refer the CICL to;
o The taking of the statement of a CICL shall be conducted in the presence of (a) child’s counsel of choice, or in his absence, a Public Attorney’s Office lawyer; (b) the CICL’s parents, guardian, or nearest relative, as the case may be; and (c) the local social welfare office. If the CICL’s parents, guardian, or nearest relative, as the case may be, and the local social welfare and development officer are absent, the investigation shall be conducted in the presence of a representative of a non-government organization, religious group, or member of the Barangay Council for the Protection of Children.
Social Welfare Officer’s Duty to Conduct an Initial Assessment and Render Intake Report

Upon taking of the CICL into custody, the social welfare worker assigned should conduct an initial assessment to determine whether to place the CICL under community-based intervention or diversion, depending on the circumstances of the case, and prepare an Intake Report (containing the personal and other circumstances of the CICL), which should be submitted to the court prior to arraignment in the event that a case is to be filed in court.

Intervention / Diversion Programs

The following are factors to be used by the Diversion Committee in determining whether diversion is appropriate:

o Nature and circumstances of the offense charged;
o The frequency and severity of the act;
o The circumstances of the child (e.g. age, maturity, intelligence, etc.);
o The influence of the family and environment on the growth of the child;
o The weight of the evidence against the child;
o The safety of the community; and
o The best interest of the child.

If diversion is appropriate, the Diversion Committee shall formulate a diversion program for the CICL depending on various factors such as the availability of community-based programs for rehabilitation and the past records of the child. Diversion will include adequate socio-cultural and psychological responses and services for the child and address the satisfaction of the civil liability of the child, without prejudice to the liability of the parents for damages. To avoid liability for damages, the CICL’s parents may prove to the satisfaction of the court that they exercised reasonable supervision over the child at the time of commission of offense and reasonable effort and utmost diligence to prevent or discourage the child from committing another offense.

Rehabilitation Centers

A child charged with an offense who was not released on bail or recognizance may be transferred to a “Bahay Pag-asa” or rehabilitation centers or other appropriate accredited facilities by the Department of Social Welfare and Development, which will have an intensive juvenile intervention and support center. Further, sexual orientation of the CICL shall be taken into consideration in determining the adequate quarters at Bahay Pag-Asa.

It was likewise clarified that all charges involving a minor are bailable as a matter of right as, for purposes of bail, minority is a privileged mitigating circumstance.

Credit in Service of Sentence

While previously, there were exceptions to the Credit in Service of Sentence of the child in conflict with the law, all CICLs shall now be credited in the service of his/her sentence with the full time spent in actual commitment and detention. Further, any form of physical restraint including community service and commitment to a rehabilitation center shall be considered preventive imprisonment.

To read the entire 2019 Revised Rule on Children in Conflict with the Law, click here .

To read the entire 2009 Revised Rule on Children in Conflict with the Law click here .

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Disclaimer: The information in this website is provided for general informational purposes only. No information contained in this post should be construed as legal advice from Platon Martinez or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances.

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PERALTA, C.J.:

That on or about the 30 th day of August 2012, in Quezon City, Philippines, the above-named accused CICL XXX, 15 years of age, a minor, but acting with discernment, armed with an icepick, with force and intimidation and with lewd design, did then and there, willfully, unlawfully and feloniously commit acts of lasciviousness upon the person of one AAA [4] 15 years of age, a minor by then and there pointing an icepick at her and embracing and kissing her lips down to her neck and mashing both her breast all against her will and without her consent, to the damage and prejudice of the said offended party. CONTRARY TO LAW. [5]

At around 7:45 o'clock in the evening of 30 August 2012, private complainant AAA was inside the campus of the xxxxxxxxxxx . To her consternation, CICL XXX suddenly grabbed and pulled her towards a comer. He poked an icepick on the right side of her body and uttered: " Wag ka sisigaw ." CICL XXX kissed AAA on the lips down to her neck while unbuttoning her blouse. He proceeded by taking off her sando and bra. Uncontented, he pulled down her panties and mashed her breasts. When a teacher passed by, CICL XXX ran away, giving AAA the chance to escape. She immediately went home. She was so afraid, but a week after the incident, she mustered courage and confessed her ordeal to a priest who encouraged her to report what happened to her. She informed her aunt, BBB, about what CICL XXX did to her. They reported the incident to the school authorities but referred the matter to the barangay office of xxxxxxxxxxx . In turn, they were told to proceed to the Women's Desk of the Batasan Hills Police Station. [6]

CICL XXX denied the accusations against him. On the date of the fateful incident, he was in school attending classes at xxxxxxxxxxx from 1:30 o'clock to 8:00 o'clock in the evening. From 6:45 o'clock to 8:00 o'clock in the evening, he was inside the classroom for his MAPEH class together with 50 other students. The dismissal time for the said class was 7:45 o'clock in the evening. She dismissed them, however, at 8:00 o'clock After dismissal and along with CCC, DDD and EEE, he immediately proceeded to their service vehicle. He arrived at home at 8:30 o'clock in the evening. He did not have any quarrel with or grudge against private complainant AAA or her family. [7]

WHEREFORE, premises considered, judgment is hereby rendered finding CICL XXX guilty beyond reasonable doubt of the crime of Acts of Lasciviousness and is hereby sentenced to suffer a straight penalty of twenty (20) days of arresto menor . Accused is further ordered to pay private complainant AAA [P]20,000.00 as civil indemnity, [P]30,000.00 as moral damages and [P]2,000.00 as exemplary damages. Considering that CICL XXX was a minor at the time of the commission of the offense and he is still below 21 years of age, his sentence is hereby suspended. The amount of damages awarded are subject further to interest of six (6%) percent per annum from the date of finality of this judgment until they are fully paid. SO ORDERED. [11] (Italics in the original)

Time and again, we have held that when it comes to the issue of credibility of the victim or the prosecution witnesses, the findings of the trial courts carry great weight and respect and, generally, the appellate courts will not overturn the said findings unless the trial court overlooked, misunderstood or misapplied some facts or circumstances of weight and substance which will alter the assailed decision or affect the result of the case. This is so because trial courts are in the best position to ascertain and measure the sincerity and spontaneity of witnesses through their actual observation of the witnesses' manner of testifying, their demeanor and behavior in court. Trial judges enjoy the advantage of observing the witness' deportment and manner of testifying, her "furtive glance, blush of conscious shame, hesitation, flippant or sneering tone, calmness, sigh, or the scant or full realization of an oath" - all of which are useful aids for an accurate determination of a witness' honesty and sincerity. Trial judges, therefore, can better determine if such witnesses are telling the truth, being in the ideal position to weigh conflicting testimonies. Again, unless certain facts of substance and value were overlooked which, if considered, might affect the result of the case, its assessment must be respected, for it had the opportunity to observe the conduct and demeanor of the witnesses while testifying and detect if they were lying. The rule finds an even more stringent application where the said findings are sustained by the Court of Appeals. [19] (Emphasis supplied)

First, in her initiatory statement, she stated that she was on her way home from school when she was pulled into a dark room and she was molested. In her reply, the complainant changed her story. This time, she alleged that she was on her way to school because a math teacher summoned her so they can discuss her low grades. xxxx Second, the complainant alleges that the school was dark and empty at 7:45 pm. This is highly [improbable], if not downright impossible. As repeatedly established and is undisputed, the afternoon shift of xxxxxxxxxxx has 70 sections of 45-50 students each. Assuming that the sections were all dismissed on time, at 7:45pm, the complainant's allegations would already crumble in the face of reality. Three Thousand Five Hundred students would be at the school grounds at that particular time contrary to the complainant's outrageous claim that the school was already deserted. Of the thousands of students lingering around the school yards at that hour, at least some would have seen the incident or its immediate aftermath. In fact, if the school were deserted as she claims, it is improbable for her to be just on her way to school for a meeting with a teacher at such a late hour. Third, it is likewise established that the CICL was in class in full view of the credible defense witnesses at least from the start of the last period until they were each brought home by their school service. [23]

The court finds the direct, clear and straightforward testimony of AAA credible, convincing, and in accordance with the testimony of a victim crying for justice. In the absence of any proof showing that AA (sic) had ill-motive to falsely impute lascivious conduct on CICL XXX, her testimony deserves full faith and credence. Well settled is the rule that courts are inclined to give credence to the version of a young and immature girl of what transpired. Aside from her vulnerability, she would also be exposed to shame, and embarrassment if her testimony is not true. [32]

It is a well-known fact that women, especially Filipinos, would not admit that they have been abused unless that abuse had actually happened. This is due to their natural instinct to protect their honor. We can not believe that the offended party would have positively stated that intercourse took place unless it did actually take place. [38]

In this way, we can evaluate the testimony of a private complainant of rape without gender bias or cultural misconception. It is important to weed out these unnecessary notions because an accused may be convicted solely on the testimony of the victim, provided of course, that the testimony is credible, natural, convincing, and consistent with human nature and the normal course of things. Thus, in order for us to affirm a conviction for rape, we must believe beyond reasonable doubt the version of events narrated by the victim. [40] (Emphasis supplied)

As to whether AAA's testimony should be given due weight and credence, it is important to take into consideration the Women's Honor doctrine . The doctrine recognizes the "well-known fact that women, especially Filipinos, would not admit that 1hey have been abused unless that abuse had actually happened, [because it is] their natural instinct to protect their honor." However, as discussed in People v. Amarela , the opinion enshrined under the Women's Honor doctrine borders on the fallacy of non-sequitur , to wit: While the factual setting back then would have been appropriate to say it is natural for a woman to be reluctant in disclosing a sexual assault; today we simply cannot be stuck to the Maria Clara stereotype of a demure and reserved Filipino woman. We should stay away from such mindset and accept the realities of a woman's dynamic role in society today; she who has over the years transformed into a strong and confidently intelligent and beautiful person, willing to fight for her rights.

As for Tulagan's imputation of ill motive on the part of AAA's grandmother, absent any concrete supporting evidence, said allegation will not convince us that the trial court's assessment of the credibility of the victim and her supporting witness was tainted with arbitrariness or blindness to a fact of consequence. We reiterate the principle that no young girl, such as AAA, would concoct a sordid tale, on her own or through the influence of her grandmother as per Tulagan's intimation, undergo an invasive medical examination then subject herself to the stigma and embarrassment of a public trial, if her motive was other than a fervent desire to seek justice. In People v. Garcia , we held: Testimonies of child-victims are normally given full weight and credit, since when a girl, particularly if she is a minor, says that she has been raped, she says in effect all that is necessary to show that rape has in fact been committed. When the offended party is of tender age and immature, courts are inclined to give credit to her account of what transpired, considering not only her relative vulnerability but also the shame to which she would be exposed if the matter to which she testified is not true. Youth and immaturity are generally badges of truth and sincerity. A young girl's revelation that she had been raped, coupled with her voluntary submission to medical examination and willingness to undergo public trial where she could be compelled to give out the details of an assault on her dignity, cannot be so easily dismissed as mere concoction. [43] (Citations omitted and emphasis supplied)

AAA clearly stated the events that transpired and identified the person who abused her. The court finds the direct, clear and straightforward testimony of AAA credible, convincing, and in accordance with the testimony of a victim crying for justice. In the absence of any proof showing that AAA had ill-motive to falsely impute lascivious conduct on CICL XXX, her testimony deserves full faith and credence. Well settled is the rule that courts are inclined to give credence to the version of a young and immature girl of what transpired. Aside from her vulnerability, she would also be exposed to shame, and embarrassment if her testimony is not true. [44] (Emphasis and underscoring supplied)

Here, the records are devoid of any indication of such physical impossibility that appellant was at the scene of the crime at the time it was committed. His bare alibi that he was no longer inside the school premises at the time of the alleged incident and that he was already at home at about 8:30 o'clock in the evening is exiguously patchy to prove the alleged physical impossibility. Suffice it to say that appellant's teacher categorically declared that they were dismissed from their MAPEH class at about 7:45 in the evening. As aptly held by the court a quo , appellant was not able to establish his physical impossibility to be at the campus of xxxxxxxxxxx at the time of the commission of the offense and that he was in fact in the same area at the time the offense was committed. [49]

Based on the Caoili guidelines, it is only when the victim of the lascivious conduct is 18 years old and above that such crime would be designated as "Acts of Lasciviousness under Article 336 of the RPC" with the imposable penalty of prision correccional . xxxx Whereas if the victim is 12 years old and under 18 years old, or 18 years old and above under special circumstances, the nomenclature of the crime should be "Lascivious Conduct under Section 5 (b) of R.A. No. 7610" with the imposable penalty of reclusion temporal in its medium period to reclusion perpetua , but it should not make any reference to the provisions of the RPC. [55]

Crime Committed: Age of Victim: Under 12 years old or demented 12 years old or below 18, or 18 under special circumstances 18 years old and above Acts of Lasciviousness committed against children exploited in prostitution or other sexual abuse Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period Lascivious conduct under Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period to reclusion perpetua Not applicable Sexual Assault committed against children exploited in prostitution or other sexual abuse Sexual Assault under Article 266-A (2) of the RPC in relation to Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period Lascivious Conduct under Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period to reclusion perpetua Not applicable Sexual Intercourse committed against children exploited in prostitution or other sexual abuse Rape under Article 266-A (1) of the RPC: reclusion perpetua , except when the victim is below 7 years old in which case death penalty shall be imposed Sexual Abuse 77 under Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period to reclusion perpetua Not applicable Rape by carnal knowledge Rape under Article 266-A (1) in relation to Art. 266-B of the RPC: reclusion perpetua , except when the victim is below 7 years old in which case death penalty shall be imposed Rape under Article 266-A (1) in relation to Art. 266-B of the RPC: reclusion perpetua Rape under Article 266-A (1) of the RPC: reclusion perpetua Rape by Sexual Assault Sexual Assault under Article 266-A (2) of the RPC in relation to Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period Lascivious Conduct under Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period to reclusion perpetua Sexual Assault under Article 266-A (2) of the RPC: prision mayor

We are unconvinced that R.A. No. 7610 only protects a special class of children, i.e. , those who are "exploited in prostitution or subjected to other sexual abuse," and does not cover all crimes against them that are already punished by existing laws. It is hard to understand why the legislature would enact a penal law on child abuse that would create an unreasonable classification between those who are considered as "exploited in prostitution and other sexual abuse" or EPSOSA and those who are not. After all, the policy is to provide stronger deterrence and special protection to children from all forms of abuse, neglect, cruelty, exploitation, discrimination and other conditions prejudicial to their development. [59]

SEC. 40. Return of the Child in Conflict with the Law to Court. 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 willfully failed to comply with the condition 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.

SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. - A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD.

Crime Civil Indemnity Moral Damages Exemplary Damages Acts of Lasciviousness under Article 336 of the RPC [Victim is of legal age] P20,000.00 P20,000.00 P20,000.00 Acts of lasciviousness in relation to Section 5 (b) of R.A. No. 7610 [Victim is a child under 12 years old or is demented] P50,000.00 P50,000.00 P50,000.00 Sexual Abuse or Lascivious Conduct under Section 5 (b) of R.A. No. 7610 [Victim is a child 12 years old and below 18, or above 18 under special circumstances] P75,000.00 (If penalty imposed is reclusion perpetua ) P75,000.00 (If penalty imposed is reclusion perpetua ) P75,000.00 (If penalty imposed is reclusion perpetua ) P50,000.00 (If penalty imposed is within the range of reclusion temporal medium ) P50,000.00 (If penalty imposed is within the range of reclusion temporal medium ) P50,000.00 (If penalty imposed is within the range of reclusion temporal medium ) Sexual Assault under Article 266-A (2) of the RPC [Victim is of legal age] P30,000.00 P30,000.00 P30,000.00 Sexual Assault under Article 266-A (2) of the RPC in relation to Section 5 (b) of R.A. No. 7610 [Victim is a child under 12 years old or is demented] P50,000.00 P50,000.00 P50,000.00

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Case Research of Personology of Filipino Children in Conflict with the Law (CICL)

PSIKODIMENSIA

In the Philippines, afar from the usual attachment, a child sometimes leads to offend out of survival necessity that leads to total separation from their family, this explains a phenomenon of conflict to the law. Aiming to describe the profile and personology of CICL in Bahay Kalinga; and its correlates. Case research was used in analyzing violations, family structure and personology among 20 participants. In-house CICL’s profile depicted: 15 years and 9 months as average age; substantial number of boys committed offences than girls; commonly falls below poverty rate; majority stop schooling; all own a dysfunctional family; and affirmed 4-5 family members. Regarding personology, mostly verified an average self-concept, majority pointed out having realistic self-image, and beyond median represented low self-esteem. Descriptions and measures of their profile and personology could determine the risk of being CICL. The patterns of personology were focused through the information of thei...

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Children in conflict with the law: Cracks in Juvenile Justice Act

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Children in conflict with the law: Cracks in Juvenile Justice Act

READ: Part 1: Beyond juvenile delinquency: Why children break the law

READ: Part 2: When ‘Houses of Hope’ fail children in conflict with the law

MANILA, Philippines – With poverty and environment as the main enablers of children in conflict with the law (CICL), President Rodrigo Duterte and his allies are pushing for lowering the age of criminal responsibility – from 15 years to 9 years old. But social workers and other organizations say this will not end the proliferation of juvenile crimes.

What then will solve the problem? Social workers and pro-child groups said the cracks in the law have to be addressed first.

Duterte, as early as the 2016 campaign , had sought the amendment of Republic Act 9344 or the Juvenile Justice Act of 2006, which allowed children below 15 years old to get away with their crimes – provided they undergo intervention and rehabilitation.

But what most people do not know is that RA 9344 was already amended in 2013, through RA 10630. Section 20-A of the law allows children as young as 12 years old to be detained for serious crimes such as rape, murder, and homicide, among others. RA 10630 also mandates local government units to manage their own Bahay Pag-Asa (Houses of Hope) .

Duterte, echoed by his allies in the House of Representatives, wants to lower the minimum age of criminal liability from 15 years old down to 9. He believes it should be done because syndicates are using more children to commit crimes. (READ: Congressmen want 9-year-old kids charged for crimes )

Run after syndicates, not children

Despite the preference expressed by no less than the President, social workers and pro-child groups do not agree. While they admit there are indeed syndicates using children for crimes, they said the adults should be punished, not the children who are mere victims.

“Oo may ganun talagang scenario, maalam na rin sila. May mga cases sila, kahit wala pang ebidensya na bata ka, once in-allege na bata ka binibigyan ka ng pabor. Pero later hihingi birth certificate, dine-dental aging namin,” Paundog said.

(Yes, there are indeed such scenarios because these people are already knowledgeable. There are cases where even if there’s still no evidence that you’re a kid, once you’re alleged to be a child, they will grant you favors. But later on, they would ask for your certificate and we do dental aging.)

“May mga instances na nagagamit pero kung iko-compare sa bulk ng CICL, di siya significant. Siguro 20%, so babalik pa rin tayo. Kung yun ang problem, di ganun ang solusyon. Ang pinaparusahan mo dun ay yung bata e hindi yung nangbibiktima sa kanila,” she added.

(There are instances children are used but if you compare it to the bulk of CICL, it’s not that significant. Maybe 20% so we would still go back to the problem. If that’s the problem, it’s not the solution. You’re punishing the child there, not the adults who victimize them.)

Rowelyn Acdog, social worker at Yakap-Bata Holding Center in Caloocan shared the same sentiment.

“Ang hahabulin yung matatanda hindi ang bata. Kundi kung sino yung nag-influence, huwag bata ang parusahan,” Acdog said. (We should run after the adults not the children. We should run after those who influence them to do crimes, it shouldn’t be the children who should be punished.)

Most CICLs, according to local social workers and the DSWD, come from poor and dysfunctional families and an unhealthy environment – like Andy*, Carl*, and Bernard* .

Nina Patricia Sison-Arroyo, member of the Council for the Welfare of Children and of the global board of International Justice Mission, said the bill would only discriminate against less fortunate kids – a deeper symptom of a disturbing societal condition in the country. She added that children’s minds are not yet fully developed and are not able to fully discern consequences of their actions. (READ: An open letter to Representatives Alvarez and Castro )

The United Nations Children’s Emergency Fund (Unicef) , citing studies, said “adolescents’ brain function reach maturity only at around 16 years old, affecting their reasoning abilities and impulse control.”

If the bill is passed into law, social workers have another issue to deal with – the possibility of mixing younger children with teenagers who have committed more serious crimes. Both Paundog and Acdog said most, if not all, serious crimes are committed by those 12 years old and above. Kids younger than 12 years old, they said, are involved in mostly petty crimes.

“Para sa akin, against talaga ako. Lalo na yan pag maraming na-turn over, kami rin po ang mahihirapan. Saka nakakaawa ihalo sa mga batang may kaso na 15 to 17 years old yung mga 9 years old. Yung batang malalaki at matatanda maa-abuse physically at sexually yung batang maliliit. Marami kaming experience na ganun,” Acdog said.

(For me, I am really against it especially when they turn over many children to us, we’re also the ones who will have a hard time. I also pity those 9 years old and above who will be mixed in detention with those 15 to 17 years old with criminal cases. The older children tend to physically and sexually abuse the younger ones. We’ve seen that many times.)

Proper implementation not amendment

Pro-child groups want the law to be properly implemented instead of amended.

One provision of the law that needs to be effectively enforced is the creation of effective Barangay Councils for the Protection of Children (BCPC).

RA 9344 mandates that LGUs should allot 1% of their internal revenue allotment (IRA) for the BCPCs, which have the power to take preventive steps against juvenile delinquency at the onset through intervention or diversion, which is “an alternative, child-appropriate process of determining the responsibility and treatment of a CICL…without resorting to formal court proceedings.”

Unfortunately, not all BCPCs are effective. Sometimes, those in the barangay are unaware that they could already start diversion procedures at the local level.

In Caloocan, Acdog said BCPCs are not functional. Instead of city social workers focusing on children who committed serious crimes, they are asked to settle petty crimes.

“Kailangan dapat magiging functional ang BCPC. Parang di nila alam yung batas. Refer nang refer lang sa amin. Supposed to be kasama ang barangay sa 5 pillars of justice,” she said.

(The BCPC should be functional. It appears like they don’t know the law. They just keep on referring children to us. Barangays are supposedly included in the 5 pillars of justice.)

“Kung may CICL na-apprehend doon sa barangay, nagu-undergo na dapat sila ng intervention program. Pero ang nangyayari tinu-turn over nila sa amin kahit tsinelas lang ang ninakaw, pinapa-detain sa amin nang ilang araw. Kami ang nag-aayos ng kaso nila or ng settlement kasi ilang araw o weeks dito, eh parang nade-deprive mo na rin ang rights ng bata,” Acdog added.

(If there are CICL apprehended in the barangay, they should go through an intervention program. But what happens is they are turned over to us even if their crime is just stealing slippers. The barangay officials ask us to detain them for a few days. We take care of their cases or settlement because they spend several days or weeks here, and it’s like depriving the kids of their rights.)

Such is the case, too, in Valenzuela. While Valenzuela has more decent and sustainable treatment of CICL, the city also experiences problems with its BCPCs. Even minor offenses such as violations of curfew reach the city social department.

“It all boils down to family. If you will look at the law, it is focused on the commitment of the offense and rehabilitation. But for us who implement it, we see that there is a need to focus on being proactive at the barangay level. The BCPC should be strengthened,” Paundog said in Filipino.

“Because we end up getting congested here because the law is not being implemented in the barangay. Petty cases do not have to reach out. Those children who enter our Bahay Pag-Asa are those qualified by the law. Even petty cases of curfew violation reach us when it should just be in the barangay. If they were only active, the issues would have been settled already at their level. We here could focus on children who need more help,” she added.

No legal procedures for CICL

Another problem is the lack of legal procedures for CICL. There is still a prevalent adult-oriented mentality especially in hearing cases of children. Although CICL’s cases are under the jurisdiction of the family court, the processes are still patterned after adult cases.

Some rules governing CICL, Paundog said, are similar to existing adult-oriented rules.

“I hope there would be a legal procedure especially for children. The dilemma is, we go to court, we prepare for it. We never encourage lying because sooner or later, children are not going to be imprisoned in a regular cell. So we encourage honesty. But when we go to the court, the case is being mixed with regular cases and there is no legal proceeding for children,” Paundog said in Filipino.

While they do not encourage lying, Paundog said public lawyers usually advise CICL not to admit their crimes immediately. This is where the problem lies because a child cannot avail of an intervention program unless he or she admits to committing the crime.

Children who are unable to avail of diversion undergo a normal court process. Once convicted, the crime is recorded. This record, however, should be kept confidential so the child, Paundog said, could still have a chance of leading a normal life.

“If a child is convicted, there is a record but it is concealed. It could not be used against the child. If they get a court clearance, they would still be cleared. That is the good provision in the law, pro-child,” Paundog said.

Another problem in the implementation of the law is the shortcuts in dealing with CICL.

A CICL aged 15 or below should be placed under the custody of a law enforcement officer, who then looks for the child’s parent or guardian, depending on the severity of the crime.

The officer is mandated to check whether the child will be in danger if he or she returns to his or her parents. If the officer determines that the child is subjected to abuse or abandonment, the child has to go through a diversion or intervention program. These include counseling and education, among others, to improve the child’s psycho-social development.

But Paundog said there are cases where this process is not followed – not just by barangay officers, but also by the police and prosecutors.

“Other than sa barangay, there is such a thing as police diversion. Pag less than 6 years ang penalty, puwede mag-diversion at that level. Pati si prosecutor puwede. Kung gagawin lang sana namin nang tama, masusunod ito (If the penalty is less than 6 years, the police can conduct diversion at that level. Even the prosecutor can do that. If they only do it properly, the law will be followed) ,” she said.

Paundog said this gap might be due to the lack of information among local officers, even if there are already numerous capacity-building events conducted, lack of interest, or as simple as overloading of social and barangay workers, exacerbate the problem.

“Minsan ang mga stakeholders hindi nagdi-diversion. Minsan di rin nila alam na puwede sila mag-diversion kahit marami nang capability-building na ginagawa. Siguro iwas abala or nakasanayan na, pinapasa na lang lahat sa city social welfare development, sa city hall,” she said.

(Sometimes stakeholders do not conduct diversions. Sometimes they do not know they could do it even if we have already conducted so many capability-building events. Maybe it’s because they don’t want to be bothered, or they’ve gotten used to it – just turning over everything to the city social welfare department, to city hall.)

What now for CICL?

With renewed calls to lower the age of criminal liability supported by no less than the President, it seems unclear if the bill will become law. In the House of Representatives filled with mostly new-found Duterte allies, it will likely happen.

The same could not be said in the Senate. There is no counterpart bill filed so far. But there are senators who are backing the strong position of Duterte against crime and illegal drugs, including the death penalty – which is part of the juvenile justice bill filed in the House.

House Speaker Pantaleon Alvarez is confident Senate President Aquilino Pimentel III, Duterte’s partymate, will support the measure.

While Pimentel has not yet explicitly made known his position, Duterte has found an ally in Majority Leader Vicente Sotto III.

“If they want further amendments to (lower to) 9 years old , payag ako kasi ginagamit ang mga bata (I am for it because children are being used) to commit crimes, especially drug trafficking, ” Sotto told Rappler.

Liberal Party senators , however, strongly oppose the measure, with Senator Francis Pangilinan – author of the original RA 9344 – saying that the gravity of the offense, and not the age, should be the main consideration in deciding the penalty.

The Gabriela Women’s Party also opposes the measure, saying it will not address the problem of children involved in crimes. The party said the bill would only scar children and adversely affect their future.

While lawmakers battle it out on the congressional floor, social workers are grappling with the situation made worse by the cracks in the existing juvenile justice laws.

As Duterte and his allies push for the measure, Andy*, Bernard*, and Carl* are serving their sentences in youth homes – some with crowded and unhealthy environments . They remain hopeful that a better future awaits them, even if they will have to return to a difficult life that, to begin with, was what prompted them to break the law . – Rappler.com

*Not their real names to protect their privacy.

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Focus themes

Children and young people
Juvenile justice

Focus regions

East Asia and Pacific

Focus countries

Philippines

This study examines the situation of children in conflict with the law (CICL) within the context of the criminal justice system in metro Manila cities, and identifies the major gaps and abuses that occur within the system. In particular it focuses on aspects of: city and Barangay ordinances and resolutions; profile of children in conflict with the law; observance of laws; and diversion.

Some main recommendations from the study include:

promote understanding within the communities of the rights of CICL, and the important role that the community plays in the promotion of rights and prevention of crime by children
training on child sensitivity, laws on CICL, diversion proceedings and restorative justice must be given to all police officers
there should be continuing training and education on application of the Rules on Summary Procedure and the Rule on Juveniles in Conflict with the Law
prioritise the allocation of resources on the national budget to answer problems on poor conditions in jails and detention and conditions that are detrimental to the well-being of a CICL
there must be rules and regulations requiring special treatment of CICL probation applicants.

Register: Gender in child and youth rights

Register: Child rights: through Covid and into recovery – new and changing norms

Related content, a national policy study on child labour and development in the philippines, poverty, vulnerability and family size: evidence from the philippines, in pursuit of sex parity: are girls becoming more educated than boys, child poverty in the philippines: more children suffer as poverty rises, a note on defining the dependent population based on age.

REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW Section 1. Applicability of the Rule . – This Rule shall apply to all criminal cases involving children in conflict with the law. A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen years old but not less than fifteen (15) years and one (1) day old. This Rule shall not apply to a person who at the time of the initial contact as defined in Sec. 4(q) of this Rule shall have reached the age of eighteen (18) in which case, the regular rules on criminal procedure shall apply without prejudice to the rights granted under Secs. 53, 54, 55 and 56 of this Rule. Section 2. Objective . – The objective of this Rule is to ensure that the justice system treats every child in conflict with the law in a manner that recognizes and upholds human dignity and worth, and instills in the child respect for the fundamental rights and freedom of others. The Rule considers the developmental age of the child and the desirability of the child's reintegration in and assumption of a constructive role in society in accordance with the principles of balanced and restorative justice. To attain this objective, the Rule seeks: (a) To provide child-appropriate proceedings, including programs and services for crime prevention, diversion, rehabilitation, re-integration and aftercare to ensure the normal growth and development of the child in conflict with the law; (b) To provide procedural rules dealing with children in conflict with the law that take into account their distinctcircumstances, assure all parties of a fair hearing with each party's constitutional and statutory rights recognized and respected, and ensure that appropriate disposition measures are implemented by law enforcers, social services and the courts; (c) To divert from the formal justice system children in conflict with the law who can be cared for or placed under community continuum alternative programs of treatment, training and rehabilitation in conformity with the principles of balanced and restorative justice; (d) To deal with the child in a family environment whenever possible, and to separate the child from the parents only when necessary for the child's welfare or in the interest of public safety; (e) To remove from children in conflict with the law the stigma of criminality and criminal behavior; (f) To promote, facilitate and implement in administrative and judicial proceedings respect for the views of the child; (g) To provide for the care, protection and wholesome moral, mental, and physical development of children in conflict with the law; and (h) To promote and protect the rights and interest of children as zones of peace in situations of armed conflict, but who are alleged to be in conflict with the law. (a) Section 3. Interpretation . – This Rule shall be interpreted liberally to promote the best interest of the child in conformity with Philippine laws, the United Nations' Convention on the Rights of the Child and relevant international treaties and protocols. Section 4. Definitions . – As used in this Rule, (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. (b) Bail refers to the security given for the release of the child in custody of the law, furnished by the child, the child's parent, guardian, or a bondsman, to guarantee the child's appearance before any court. Bail may be posted in a form such as corporate security, property bond or cash deposit. (c) Balanced and Restorative Justice is a principle in juvenile justice that requires a process of resolving conflicts with the participation of the victim, the child in conflict with the law, and the community. It seeks to obtain reparation for the victim; reconciliation of the victim, the child in conflict with the law, and the community, and the reassurance that the child in conflict with the law can be reintegrated into society. It also enhances public safety by involving the victim, the child in conflict with the law, and the community in prevention strategies. (a) (d) Best interest of the child refers to the totality of the circumstances and conditions that are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child. (e) Case study report is a written report on the social case inquiry conducted by the social worker of the local government unit or the Department of Social Welfare and Development or by the social worker designated by the court on the social, cultural, economic and legal status or condition of the child in conflict with the law. It shall include, among other matters, the child's developmental age; educational attainment; family and social relationships; the quality ofthe child's peer group; the strengths and weaknesses of the family; parental control; the child's attitude towards the offense; the harm or damage done to others resulting from the offense; record of prior offenses, if any; and the attitude of the parents towards the child's responsibility for the offense. The social worker shall also include an initial determination of the child's discernment in the commission of the offense. (a) (f) Community continuum refers to the after-care of a child in conflict with the law and is a community-based group therapy process that provides continuous guidance and support to the child in conflict with the law upon release from rehabilitation and subsequent reintegration into society. Community continuum for the child includes timely release, suitable residence, food, clothing, available employment and sufficient means to facilitate successful reintegration in society which shall be provided by the concerned local government unit and other appropriate agencies. (n) (g) Corporal punishment is any kind of physical punishment inflicted on the body as distinguished from pecuniary punishment or fine. (h) Court refers to a designated family court or in places where there are no designated family courts, any regional trial court hearing family and youth cases. (a) (i) Deprivation of Liberty refers to any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will except by order of any judicial or administrative authority. (a) (j) Discernment means the capacity of the child at the time of the commission of the offense to understand the difference between right and wrong and the consequences of the wrongful act. (k) Disposition conference is a meeting held by the court with the social worker who prepared the case study report, together with the child in conflict with the law and the parents or guardian ad litem, and the child's counsel for the purpose of determining the disposition measures appropriate to the personal and special circumstances of the child. (l) 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 the child's social, cultural, economic, psychological or educational background without resorting to formal court adjudication. (m) Diversion programs refer to programs the child in conflict the law is required to undergo in lieu of formal court proceedings. (n) Expedited Transfer of a Child is a process where a child who commits an offense is immediately brought by the apprehending officer or private individual to a social worker for preliminary determination of discernment. (n) (o) Guardian Ad Litem is a person appointed by the court to protect the best interest of the child. (a) (p) In conflict with the law means taken 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. (a) (q) Initial contact refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation, or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody. (n) (r) Intake report is the initial written report containing the personal and other circumstances of the child in conflict with the law prepared by the social worker assigned to assist the child entering the justice system. (s) Intervention programs refer to a series of individualized treatment activities or programs designed to address issues that caused the child to commit an offense. These may include counseling, skills training, education, and other activities that are aimed to improve and enhance the child's psychological, emotional and psycho-social wellbeing. (n) (t) Law Enforcement Officer refers to the person in authority or an agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod. (n) (u) Non-Serious Offense refers to an offense where the imposable penalty for the crime committed is not more than six (6) years imprisonment. (n) (v) Probation is an alternative disposition, ordered by the court, under which a child in conflict with the law is released after conviction and sentence and permitted to remain at home or with an appropriate custodian, subject to certain terms and conditions imposed by the court. (w) Recognizance is an undertaking in lieu of a bond, assumed by a mother or father, or appropriate guardian or custodian, or in their absence, the nearest relative, or any responsible member of the community to assume custody of a child in conflict with the law and be responsible for the appearance of the child in court whenever required during the pendency of the case. (a) (x) Segregation refers to the procedure where, upon initial contact with a child alleged to have committed an offense, the law enforcer places the child in a separate and different area from adult detention prisoners, and ensures that female children are separated from male children. (n) (y) Serious offense refers to an offense where the imposable penalty for the offense committed exceeds six (6) years imprisonment. (a) (z) Status offenses refer to offenses that discriminate only against a child, such as curfew violations, truancy, parental disobedience and the like. (n) (aa) Suspended sentence is the holding in abeyance of the service of the sentence imposed by the court upon a finding of guilt of the child in conflict with the law, whereby the child undergoes rehabilitation within a fixed period under such terms and conditions as may be ordered by the court. (n) (bb) Victimless Crimes refer to offenses where there are no private offended parties. (n) (cc) Youth detention home refers to a 24-hour child-caring institution managed by accredited local government units and licensed and/or accredited non-government organizations providing short-term residential care for children in conflict with the law and where the child may be physically restricted by order of any judicial, administrative or other public authority, and from which the child is not permitted to leave at will, pending court disposition of the charge or transfer to other agencies or jurisdiction. (a) (dd) Youth rehabilitation center refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development, local government units, licensed and/or accredited nongovernment organizations monitored by the Department of Social Welfare and Development. The Center provides care, treatment and rehabilitation services for children in conflict with the law under a structured therapeutic environment through the guidance of a trained staff, where the physical mobility of the children may be restricted pending court disposition of their cases. (a) Section 5. Determination of Age . – The child in conflict with the law shall enjoy the presumption of minority and shall enjoy all the rights of a child in conflict with the law until proven to be eighteen years old or older at the time of the commission of the offense. The age of the child shall be determined according to the following rules: (1) The best evidence to prove the age of a child is an original or certified true copy of the certificate of live birth; (2) In the absence of a certificate of live birth, similar authentic documents such as baptismal certificates and school records or any pertinent document that shows the date of birth of the child; (3) In the absence of the documents under paragraphs 1 and 2 of this section due to loss, destruction or unavailability, the testimony of the child, the testimony of a member of the family related to the child by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the child pursuant to Sec. 40, Rule 130 of the Rules on Evidence, the testimonies of other persons, the physical appearance of the child and other relevant evidence, shall suffice. Section 6. Burden of Proof of Age . – Any person alleging the age of the child in conflict with the law has the burden of proving the age of such child. If the age of the child is contested prior to the filing of the information in court, a case for determination of age under summary proceeding may be filed before a court which shall render its decision within 24 hours from receipt of the appropriate pleadings of all the parties. (n) In all cases involving a child, the court shall make a categorical finding as to the age of the child. Section 7. Exemption from Criminal Liability . – A child fifteen 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 as provided for in Republic Act No. 9344 when consented to by the child and the parents. (a) Exemption from criminal liability does not include exemption from civil liability which shall be enforced in accordance with the provisions of Article 221 of the Family Code in relation to Article 101 of the Revised Penal Code and Rule 111 of the Revised Rules of Criminal Procedure. If the act or omission of the child involves a quasi-delict, Article 2180 of the Civil Code shall apply. Section 8. Procedure for Handling Children Exempted from Criminal Liability . – If it is determined at the initial contact that the child is 15 years of age or below, the procedure provided in Section 20, Republic Act No. 9344 shall be observed as follows: (a) The authority who had the initial contact with the child shall immediately release the child to the custody of the mother or father, or the appropriate guardian or custodian, or in their absence, the nearest relative. (b) The authority shall immediately notify the local social welfare and development officer of the taking of the child into custody. (c) The local social welfare and development officer shall, with the consent of the child and the person having custody over the child, determine the appropriate intervention programs for the child. (d) If the child's 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 duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of Children; a local social welfare and development officer; or, when and where appropriate, the Department of Social Welfare and Development. (e) If the child has been found by the local social welfare and development office to be abandoned, neglected or abused by the parents, or if the parents and the child do not consent to or do not comply with the prevention program, the Department of Social Welfare and Development or the Local Social Welfare and Development Office shall file before the court a petition for involuntary commitment pursuant to Presidential Decree No. 603, otherwise known as “The Child and Youth Welfare Code.” (a) Section 9. Procedure for Children Not Exempted from Criminal Liability. – A child fifteen (15) years and one (1) day old or above but below eighteen (18) years of age at the time of the commission of the offense shall, at the sound discretion of the court and subject to its supervision, be released on recognizance to the care of the willing and responsible mother or father, or appropriate guardian or custodian, or, in their absence, the nearest relative. However, if the prosecution determines that the child acted with discernment, the child shall be proceeded against in accordance with Secs. 25 to 29 or, in case of diversion, Secs. 31 to 38 of this Rule. Section 10. Determination of Discernment . – 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. The determination of discernment shall take into account the ability of a child to understand the moral and psychological components of criminal responsibility and the consequences of the wrongful act; and whether a child can be held responsible for essentially antisocial behavior. Section 11. Duties of a Person in Authority Taking a Child into Custody . –Any person taking into custody a child in conflict with the law shall: (a) Assign an alias to the child; (b) Ensure that the blotter details containing the true name of the child, if any, are modified, to reflect the alias by which the child shall be known throughout the proceedings; (c) Explain to the child in simple language and in a dialect that can be understood the reason for placing the child under custody, and the offense allegedly committed; (d) Advise the child of his/her constitutional rights in a language or dialect understandable to the child; (e) Present proper identification to the child; (f) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child; (g) Avoid displaying or using any firearm, weapon, handcuffs or other instrument of force or restraint, unless absolutely necessary and only after all methods of control have been exhausted and have failed; (h) Avoid violence or unnecessary force and refrain from subjecting the child to greater restraint than is necessary for apprehension and custody; (i) Ensure that a body search of the child is done only by a law enforcement officer of the same gender as that of the child; (j) Ensure expedited transfer of the child by immediately, or not later than eight (8) hours after apprehension, turning over custody of the child to the local social welfare and development office or other accredited non-government organizations; (k) Notify the child’s parents, guardians or custodians or in their absence, the child’s nearest relative and the Public Attorney’s Office of the child’s apprehension; (l) Ensure that the child is not locked up in a jail or detention cell during the investigation; (m) Bring the child immediately to an available government medical or health officer for a thorough physical and mental examination; (n) Ensure that should detention of the child in conflict with the law be necessary, the segregation of the child be secured in quarters separate from that of the opposite sex and adult offenders, except where a child is taken into custody for reasons related to armed conflict, either as combatant, courier, guide or spy, and families are accommodated as family units in which case, the child shall not be separated from the family; (o) Record all the procedures undertaken in the initial investigation including the following: whether handcuffs or other instruments of restraint were used, and if so, the reason for such use; that the parents or guardian of the child, the Department of Social Welfare and Development, and the Public Attorney's Office were informed of the taking into custody of the child and the details thereof; the measures that were undertaken to determine the age of the child, and the precise details of the physical and medical examination or in case of failure to submit a child to such examination, the reason therefor; and (p) Ensure that all statements signed by the child during the investigation are witnessed and signed by the child’s parents or guardian, social worker or legal counsel in attendance. (n) Section 12. Rights of a Child Under Custody . – At the custodial investigation, a child who has been taken into custody shall have the following rights: (a) At the police station, to be immediately assisted by a lawyer and a social worker who shall make sure that the child is effectively informed of his/her rights, as far as the child's maturity and discernment allow; (b) To demand that the questioning or interrogation take place in conditions that respect the rights of the child and are compliant with child-sensitive procedural rules; (c) To have the child’s family located and notified with dispatch; (d) To be informed, together with the parents, guardians or custodians or nearest relatives, by the social welfare and development officer of the local government unit or of the Department of Social Welfare and Development of the consequences of the offense alleged to have been committed with a view towards counseling and rehabilitation, diversion from criminal justice system and reparation if appropriate; (e) To have the results of the child’s medical and dental examination kept confidential unless otherwise ordered by the court. Whenever medical treatment for any physical or mental defect is necessary, to demand that steps must be immediately taken by the medical officer to provide the child with the necessary and prope treatment; (f) To have the right of privacy respected and protected at all times, including the utilization of all measures necessary to promote this right, including the exclusion of the media; and (g) While under investigation, not to be fingerprinted or photographed in a humiliating and degrading manner. Section 13. Taking Custody of a Child Without a Warrant . – The law enforcement officer or a private person taking into custody a child in conflict with the law without a warrant shall observe the provisions in Sections 5, 8 and 9 of Rule 113 of the Revised Rules of Criminal Procedure and shall forthwith deliver the child to the nearest police station. The child shall be proceeded against in accordance with Section 7 of Rule 112 of the Rules of Criminal Procedure. Section 14. Conduct of Initial Investigation by the Police . – The police officer conducting the initial investigation of a child in conflict with the law shall do so in the presence of either or both of the parents, guardian or custodian, or in their absence, the nearest relative of the child, the child’s counsel of choice, or a lawyer from the Public Attorney's Office, and the local social welfare officer. A representative of a non-government organization, religious group, or member of the Barangay Council for the Protection of Children shall be allowed to be present at the investigation in the absence of the parents, guardian, relative, or social welfare officer. (a) Section 15. Guidelines for Fingerprinting and Photographing of the Child . – The following guidelines shall be observed when fingerprinting or photographing the child: (a) The child’s fingerprint and photograph files shall be kept separate from those of adults and shall be kept confidential. They may be inspected by law enforcement officers only when necessary for the effective discharge of their duties and upon prior authority of the court; and (b) The fingerprints and photograph shall be removed from the files and destroyed: (1) if the case against the child is not filed, or is dismissed; or (2) when the child reaches twenty-one (21) years of age and there is no record that the child committed an offense after reaching eighteen (18) years of age. Section 16. Intake Report by the Social Welfare Officer . – Upon the taking into custody of a child in conflict with the law, the social welfare officer assigned to the child shall immediately undertake a preliminary background investigation of the child and, should a case be filed in court, submit to the court the corresponding intake report prior to the arraignment. Section 17. Filing of Criminal Action . – A criminal action may be instituted against a child in conflict with the law by filing a complaint with the prosecutor. All criminal actions commenced by complaint or information shall be prosecuted under the direction and control of the public prosecutor assigned to the court. Petitions for confinement of a child drug dependent shall be filed under Section 21 of the Rule on Children Charged under Republic Act No. 9165. (n) Section 18. Prosecution of Civil Action . – When a criminal action is instituted against a child in conflict with the law, the action for recovery of civil liability arising from the offense charged shall be governed by Rule 111 of the Revised Rules of Criminal Procedure. Section 19. Preliminary Investigation . – As far as consistent with this Rule, the preliminary investigation of a child in conflict with the law shall be governed by Section 3 of Rule 112 of the Revised Rules of Criminal Procedure. A specially trained prosecutor shall be assigned to conduct the inquest, preliminary investigation and prosecution of the case involving a child in conflict with the law. The child, on the other hand, shall be assisted by a private lawyer or if none, a lawyer from the Public Attorney's Office. If there is an allegation or evidence of torture or ill-treatment of a child in conflict with the law during custody or detention, it shall be the duty of the prosecutor to investigate the same. (n) Section 20. Conduct of Preliminary Investigation . – Preliminary investigation shall be conducted in the following instances: (a) when the child in conflict with the law does not qualify for diversion; (b) when the child, the parents or guardian do not agree to diversion as provided in Sections 27 and 28 of Republic Act No. 9344; or (c) when, after considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the law. (n) At the preliminary investigation, should there arise a need for clarificatory questions to be propounded on the child, the Rule on Examination of a Child Witness shall apply. Section 21. Filing of Information . – If the investigating prosecutor finds probable cause to hold the child in conflict with the law for trial, there being discernment, the corresponding Resolution and Information shall be prepared for the approval by the provincial or city prosecutor, as the case may be. The child and the mother or father, or appropriate guardian or custodian, or in the absence thereof, the nearest relative, and the child's private counsel or lawyer from the Public Attorney’s Office shall be furnished forthwith a copy of the approved resolution and the Information. The Information shall be filed with the court within forty-five (45) days from the start of the preliminary investigation. (n) No Information shall be filed against a child for the commission of the following: (a) status offenses; (b) vagrancy and prostitution under Section 202 of the Revised Penal Code; (c) mendicancy under Presidential Decree No. 1563; and (d) sniffing of rugby under Presidential Decree No. 1619. Children taken into custody for the foregoing shall, with their consent and that of their parents, guardian or custodian, instead undergo appropriate counseling and treatment program. (n) Section 22. Duties of the Clerk of Court Upon Receipt of Information . – The Clerk of Court, upon receipt of the Information, shall: (1) Maintain a separate case docket or logbook for cases involving children in conflict with the law. Whenever possible, the Clerk of Court shall use color coding or other method to easily distinguish the records of children in conflict with the law from the other case records; (2) Determine whether the offense charged qualifies for diversion, that is, it is punishable by imprisonment of not more than twelve (12) years, regardless of fine, or fine alone regardless of the amount; (3) If the crime charged is punishable by such imprisonment, immediately assign a temporary case number in accordance with Sec. 23 of this Rule and raffle off the case to a court so that its Diversion Committee can immediately undertake the appropriate action under Section 33 of this Rule; and (4) If the crime charged does not qualify for diversion because it is punishable by imprisonment of more than twelve (12) years, the case shall be assigned a regular criminal case docket number and raffled off to a court for formal proceedings. (n) Section 23. Docketing of the Case . – A case that qualifies for diversion under paragraph 3 of the preceding Section shall not be docketed as a regular criminal case but instead shall be assigned a temporary case number as follows: CICL-(no.)___- (year)___-D (which means diversion), before the same is raffled off to the appropriate court. Section 24. Venue . – Subject to the provisions of Section 15, Rule 110 of the Revised Rules of Criminal Procedure, any criminal or civil action involving a child in conflict with the law shall be instituted and tried in the appropriate court nearest the place where the offense was committed or where any of its essential elements occurred. Section 25. Release of Children on Recognizance to the Parents, Guardian, Custodian or Nearest Relative . – The release of a child from custody during the pendency of the case involving a non-serious offense as defined in Sec. 4 (u) of this Rule may be ordered by the court only after a hearing for that purpose, and upon favorable recommendation of the social worker assigned to the child, with the conformity of the public prosecutor and the private complainant. The child shall be released to the custody of a willing and responsible mother or father, or appropriate guardian or custodian or in their absence, the nearest relative, who shall be responsible for the child's good behavior and appearance in court whenever required. No child shall be ordered detained in jail pending trial or hearing of the child's case, subject to the provisions of this Rule. (n) Section 26. Commitment and Transfer to a Youth Rehabilitation Center . – A child charged with a non-serious offense as defined in Section 4 (u) of this Rule, unless released on bail or recognizance, may be transferred to a youth detention home or rehabilitation center or other appropriate facility such as the Department of Social Welfare and Development which shall ensure the appearance of the child in court. In the absence of a youth detention home established by the local government pursuant to Section 8 of the Family Courts Act, in the city or municipality where the child resides or, a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the court, or the Department of Social Welfare and Development or other appropriate local rehabilitation center, the youth shall be placed under the care of a provincial, city or municipal jail which shall ensure the appearance of the child in court when so required. (a) Section 27. Bail as a Matter of Right . – All children in conflict with the law shall be admitted to bail as a matter of right before final conviction of an offense not punishable by reclusion perpetua or life imprisonment. Section 28. When Bail Not a Matter of Right . – No child charged with an offense punishable by reclusion perpetua or life imprisonment shall be admitted to bail when evidence of guilt is strong. In this case, the court shall commit the child to a youth detention home or youth rehabilitation center, or in the absence thereof, to the care of a provincial, city or municipal jail as provided for in Section 27 of this Rule, which shall be responsible for the appearance of the child in court whenever required. Section 29. Care of Child in Youth Detention Homes or Rehabilitation Centers . – The child in conflict with the law who has been transferred to a youth rehabilitation center or youth detention home shall be provided with a healthy environment. If the child is placed under the care of the provincial, city or municipal jail, the child shall be provided with adequate quarters separate from adults and prisoners of the opposite sex depending on the age, sex, sexual lifestyle, and such other circumstances and needs of the child. Section 30. Case Study Report. – After the institution of the criminal action, the social worker assigned to the child shall immediately undertake a social case inquiry of the child and the child's family, the child's environment and such other matters relevant to aid the court in the proper disposition of the case. The report shall be submitted to the court preferably before arraignment. If not available at that time, the Report must be submitted to the court as soon as possible. Section 31. Diversion Committee. – In each court, there shall be organized a Diversion Committee composed of its Branch Clerk of Court as chairperson; the prosecutor, a lawyer of the Public Attorney's Office assigned to the court, and the social worker assigned by the court to the child, as members Section 32. Proceedings Before Arraignment . – The Diversion Committee shall determine if the child can be diverted and referred to alternative measures or services. Subject to pertinent provisions of this Rule and pending determination of diversion by the Committee, the court shall release the child on recognizance to the parents, guardian or custodian, or nearest relative; or if this is not advisable, commit the child to an appropriate youth detention home or youth rehabilitation center which shall be responsible for the presence of the child during the diversion proceedings. If the Diversion Committee determines that diversion is not proper, or when the child or the private complainant objects to the diversion, or when there is failure of the diversion program if undertaken by the child, it shall submit a report to the court recommending that the case be subjected to formal criminal proceedings. The court in turn shall direct the transmittal of the records of the case to the Office of the Clerk of Court for the assignment of a regular criminal docket number to the case as follows: CICL Crim. Case No.___-____(year). The Office of the Clerk of Court shall thereafter return the case to the court for arraignment and formal proceedings. Section 33. Proceedings Before the Diversion Committee . – Upon receipt by the Committee of a case for diversion from the Office of the Clerk of Court, the chairperson shall call for a conference with notice to the child, the mother or father, or appropriate guardian or custodian, or in their absence, the nearest relative, the child’s counsel, and the private complainant and counsel, to determine if the child can be diverted to the community continuum instead of formal court proceedings. In determining whether diversion is appropriate for the child, the Committee shall consider the following factors: (a) The past records, if any, involving the child in conflict with the law; (b) The likelihood that the child will be an obvious threat to himself/herself and the community; (c) Whether the child has feelings of remorse for the offense committed; (d) If the child or the parents are indifferent or hostile; and whether the parents or guardians have the ability to properly guide and supervise the child; (e) The nature of the child’s relationships with peers and whether this will increase the possibility of delinquent behavior; and (f) If community-based programs for the rehabilitation and reintegration of the child are available. If the Committee finds that diversion is appropriate, it shall design a diversion program in accordance with Section 34 of this Rule for the consideration and approval of the court. Should the Committee determine that diversion is not appropriate, it shall make the corresponding report and recommendation in accordance with Section 31 of this Rule. The Committee cannot recommend diversion in case the child or the private complainant objects. Section 34. Diversion Programs . – The Committee shall design a diversion program taking into consideration the individual characteristics and peculiar circumstances of the child in conflict with the law. The program shall be for a specific and definite period and may include any or a combination of the following: (a) Written or oral reprimand or citation; (b) Written or oral apology; (c) Payment of the damage caused; (d) Payment of fine; (e) Payment of the cost of the proceedings; (f) Return of the property; (g) Guidance and supervision orders; (h) Counseling for the child and his family; (i) Training, seminars and lectures on (i) anger management skills; (ii) problem-solving and/or conflict resolution skills; (iii) values formation; and (iv) other skills that will aid the child to properly deal with situations that can lead to a repetition of the offense; (j) Participation in available community-based programs; (k) Work-detail program in the community; or (l) Institutional care and custody. The Committee shall also include in the program a plan that will secure satisfaction of the civil liability of the child in accordance with Sec. 2180 of the Civil Code. Inability to satisfy the civil liability shall not by itself be a ground to discontinue the diversion program of the child. On the other hand, consent to diversion by the child or payment of civil indemnity shall not in any way be construed as admission of guilt and used as evidence against the child in the event that the case is later on returned to the court for arraignment and conduct of formal proceedings. Section 35. Hearing of Diversion Program . – The court shall set the Committee's diversion report and recommendation for hearing with notice to all parties, their counsel and members of the Committee within ten (10) days from receipt of such report. The court shall act on the recommendation within five (5) days from the termination of the hearing. Section 36. Undertaking . – In all cases where a child in conflict with the law is granted diversion by the court, the child, together with the mother or father, or appropriate guardian or custodian, or in their absence, the nearest relative, and the child’s counsel shall sign an undertaking to comply with their respective duties and obligations under the terms and conditions of the diversion program. The program, which shall contain the express agreement by complainant assisted by counsel to the diversion of the child, shall be approved by and enforced under the supervision and control of the court. It shall contain the following minimum principal terms and conditions: (a) The child shall appear before the social worker assigned to the child by the Court that approved the diversion program at least once a month for evaluation of its effectiveness. (b) The child shall faithfully comply with the terms and conditions of the program. Should the child fail to do so, the Committee shall report such failure to the court which shall set a show-cause hearing with notice to the child and private complainant. The court shall thereafter determine whether to allow the child to continue with the diversion program, or to end the same and direct that the case now undergo a formal proceeding. (c) Should the child be permitted by the court to reside in a place under the jurisdiction of another court, control and supervision over such child shall be transferred to the appropriate court of that place. The diversion records of the case such as the minutes of the diversion proceedings, copy of the undertaking, the intake and case study reports and all other pertinent documents shall be transmitted to the court to which jurisdiction over the diverted child has been transferred. Section 37. Report of Social Worker . – The court social worker shall conduct regular monthly visits to the child undergoing diversion proceedings and shall submit the corresponding reports about the status of the diverted child to the Committee. At any time before or at the end of the diversion period, the Committee shall file with the court a report recommending termination or extension of diversion, as the case may be. The report and recommendation shall be heard by the court within fifteen (15) days from receipt, with notice to the member of the Committee, the child, the mother or father, or the appropriate guardian or custodian, or in the absence thereof, the nearest relative, the child’s counsel, and the complainant and counsel. The court shall thereafter determine whether the diversion program has been fully and satisfactorily complied with. Section 38. Closure Order . – On the basis of the report and recommendation of the Committee, the court may: (a) Issue a closure order terminating the case if it is convinced that the child has complied satisfactorily with the diversion program; or (b) Extend the period of diversion if it is convinced that the child may still be rehabilitated; or (c) Order the case to undergo formal court proceedings if it finds that the child has not complied with the diversion program, is incorrigible, or that the program is not serving its purpose. In case of a judicially-approved transfer of residence of the child in conflict with the law, the court to which supervision of the diversion program was transferred shall make the proper finding. If it finds that diversion has been successful, it shall order the closure of the case. However, if it determines that diversion has failed, it shall return the case to the original court for formal criminal proceedings. Section 39. Rights of the Child in Conflict with the Law . – In all criminal proceedings, the child in conflict with the law shall have the following rights which shall be respected and protected by the court: (a) To be presumed innocent until guilt is proved beyond reasonable doubt; (b) To be informed promptly and directly of the nature and cause of the charge and if appropriate, through the child’s mother, father, legal guardian, or appropriate custodian; (c) To be present at every stage of the proceedings, from arraignment to promulgation of judgment. The child may, however, waive presence at the trial pursuant to the stipulations set forth in the bail bond, unless presence at the trial is specifically ordered by the court for purposes of identification. The absence of the child without justifiable cause at the trial of which there was due notice shall be considered a waiver of the right of the child to be present. Escape by the child under custody shall be deemed a waiver of the right to be present in all subsequent hearings until custody over such child is regained; (d) To have legal and other appropriate assistance in the preparation and presentation of the child's defense; in case of a child arrested for reasons related to armed conflict, to have immediate free legal assistance; (e) If detained, to be released (i) on recognizance to the willing and responsible mother or father or appropriate guardian or custodian, or in the absence thereof, the nearest relative; (ii) on bail; or (iii) by commitment to a youth detention home or youth rehabilitation center; (f) Not to be detained in a jail or transferred to an adult facility pending trial or hearing of the case, unless detention is used as a last resort which must be done for the shortest time possible, and only upon order by the court; (g) In case the child has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy: (i) To be segregated and have separate detention quarters from adults except where families are accommodated as family units; (ii) To immediate free legal assistance in the absence of private counsel; (iii) To immediate notice of such arrest to the parents, guardians or custodians or nearest relatives of the child; and, (iv) To be released on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court. (h) To testify as a witness in his/her own behalf; and subject to cross-examination only on matters covered by direct examination. The child shall not be compelled to be a witness against himself/herself and the child’s silence shall not in any manner prejudice him/her; (i) To confront and cross-examine the witnesses against him/her; (j) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in the child’s behalf; (k) To have speedy and impartial trial, with legal or other appropriate assistance and preferably in the presence of the child’s parents or legal guardian or custodian, unless such presence is considered not to be in the best interest of the child taking into account the latter’s age or other peculiar circumstances; (l) To be accorded all the rights under the Rule on Examination of a Child Witness; (m) To have the child’s privacy fully protected in all stages of the proceedings; and (n) To appeal in all cases allowed and in the manner prescribed by law. Section 40. Rights of Victims of Offenses Committed by Children in Conflict with the Law . – In any case involving a child in conflict with the law, the victim has the following rights: (1) To be reasonably protected from the child in conflict with the law; (2) To timely notice of any public proceeding, or any parole proceeding involving the crime or of any release or escape of the child in conflict with the law; (3) Not to be excluded from any public proceeding, unless the court, after receiving clear and convincing evidence, determines that the testimony by the victim would be materially altered if the victim heard other testimony in that proceeding; (4) To be reasonably heard at any administrative or public proceeding involving diversion, release, plea, suspension of sentence and determination of disposition measures, or any parole proceeding; (5) To confer with the prosecutor in the case; (6) To avail of legal assistance from the Public Attorney's Office, Integrated Bar of the Philippines. any other legal aid office or any law practitioner; (7) To be informed of the availability of compensation from the Department of Justice Board of Claims in accordance with the provisions of Rep. Act No. 7309 (1992); (8) To be entitled to support services from the Department of Social Welfare and Development and local government units; (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 of offenses including the right to apply for a protection order; (11) To full and timely restitution as provided in law; (12) To proceedings that are free from unreasonable delay; and (13) To be treated with fairness and with respect for the victim’s dignity and privacy. Section 41. Responsibilities of the Court . – For the protection of the rights of the child in conflict with the law, the court shall have the following responsibilities: (1) To monitor the status of a child whose case is pending in its court placed in a youth detention center or other institution during the pendency of the child's case; (2) To receive and investigate complaints concerning violations of the rights of the child whose case is pending in its court; (3) To require all professionals working for the welfare of the child, such as barangay captains, teachers, social workers, medical professionals, and law enforcers, to render regular monthly reports to the court; (4) To order access to adequate services for rehabilitation, counseling and other forms of reintegration for the child: (5) To ensure that the child who is capable of forming his or her own views has the right to express those views freely in all matters affecting the child, and that such views be accorded due weight in accordance with the developmental age and maturity of the child; (6) To ensure that the child, either directly or through a representative, is provided the opportunity to be heard in all proceedings affecting such child; (7) To ensure communication at all times between the judge and the child; (8) To ensure that the child sits with close family members of the child’s choice during the court proceedings; (9) To ensure that the child can communicate freely with counsel at all times; (10) To ensure that the child is informed in age-appropriate language of all stages of the judicial proceeding affecting such child; (11) To ensure that a child placed in a Youth Detention Home or Youth Rehabilitation Center or in any child facility be given appropriate medical examination in order to determine and put on record any evidence of ill-treatment; to identify any physical or mental condition requiring medical attention; and thereafter make sure that child is provided adequate treatment and medical attention; (12) To ensure that the child is informed as soon as possible of the death, serious illness or injury of any immediate family member and be allowed to visit the ill family member or attend the funeral, when appropriate and advisable; (13) To ensure that if a child dies during the pendency of the case or within six (6) months of release, an independent inquiry is conducted on the circumstances of the death and a report thereof, including the child's death certificate, be made available to the child’s mother or father, guardian, custodian or nearest relative; (14) When appropriate and advisable, to allow the child to temporarily leave the detention home or rehabilitation center by means of an “out-on-pass” order to attend special family occasions such as Christmas and New Year celebrations. The “out-on-pass” order shall contain reasonable restrictions to ensure safety, security and timely return to detention as may be determined by the court; (15) To allow at all times, and from the moment of initial contact, any member of the family or the guardian of the child to visit with the child, unless prejudicial to the latter's best interests; (16) To allow the appointment of a Guardian Ad Litem if available and advisable, to enable the child to raise concerns and complaints without fear of retribution; and (17) To undertake all other appropriate measures to ensure the promotion of the best interest of the child and the child's eventual reintegration in society. Section 42. Determination of the Best Interests of the Child . – The following factors may be considered in determining the best interests of a child in conflict with the law: the child's age and sex, the child's mental and physical health, the mental and physical health of the parents, their lifestyle and other social factors; the emotional ties between the parents and the child, the ability of the parents to provide the child with food, shelter, clothing and medical care; the established living pattern for the child concerning school, home, community and religious institution, quality of schooling, the existence of other relatives who may be in a better position to be with the child and the child's relationship with these relatives; the child's background, maturity and level of understanding, sexual orientation, lifestyle and any other characteristics and needs of the child that the court may deem relevant. Section 43. Arraignment and Plea . – The provisions of Rules 116 and 117 of the Revised Rules of Criminal Procedure shall apply to the arraignment of the child in conflict with the law. The arraignment shall be scheduled within three (3) days from the date of receipt of the complaint or information by the court, unless a shorter period is provided for by law. In case the child is not assisted by a private counsel, the court shall immediately appoint its Public Attorney as the child’s counsel de oficio. Arraignment shall be held in chambers and conducted by the judge by furnishing the child and counsel a copy of the complaint or Information, reading the same in a language or dialect known to and understood by the child, explaining the nature and consequences of a plea of guilty or not guilty and asking the child's plea. Section 44. Pre-trial. – The provisions of Rule 118 of the Revised Rules of Criminal Procedure shall govern the pre-trial of the child in conflict with the law. Agreements or admissions made during the pre-trial conference shall be in writing and signed by the child, the mother, father or duly appointed guardian, and counsel; otherwise, the agreements or admissions shall not be admissible against the child. Whenever possible and practicable, the court shall explore all possibilities of settlement of the case, except its criminal aspect. Plea bargaining shall be resorted to only as a last measure when it shall serve the best interest of the child and the demands of truth and restorative justice. Section 45. Trial . – All hearings shall be conducted in a manner conducive to the best interest of the child and in an environment that will allow the child to participate fully and freely in accordance with the Rule on Examination of a Child Witness. Section 46. Guiding Principles in Judging the Child. – Subject to the provisions of the Revised Penal Code, as amended, and other special laws, the judgment against a child in conflict with the law shall be guided by the following principles: (1) The judgment shall be in proportion to the gravity of the offense, and shall consider the circumstances and the best interest of the child, the rights of the victim, and the needs of society in line with the demands of balanced and restorative justice. (2) Restrictions on the personal liberty of the child shall be limited to the minimum. Where discretion is given by law to the judge to determine whether the penalty to be imposed is fine or imprisonment, the imposition of the fine should be preferred as the more appropriate penalty. (3) No corporal punishment shall be imposed. (4) In case of the presence of any exculpatory evidence or doubt in the prosecution’s evidence, the doubt shall be resolved in favor of the child. Section 47. Promulgation of Sentence . – If, after trial, the court should find the child in conflict with the law guilty beyond reasonable doubt of the offense charged, it shall impose the proper penalty, including any civil liability which the child may have incurred, and promulgate the sentence in accordance with Section 6, Rule 120 of the Revised Rules of Criminal Procedure. Section 48. Automatic Suspension of Sentence and Disposition Orders . – If the child is found guilty of the offense charged, the court, instead of executing the judgment of conviction, shall place the child in conflict with the law under suspended sentence, without need of application. Suspension of sentence can be availed of even if the child is already eighteen years (18) of age or more but not above twenty-one (21) years old, at the time of the pronouncement of guilt, without prejudice to the child’s availing of other benefits such as probation, if qualified, or adjustment of penalty, in the interest of justice. The benefits of suspended sentence shall not apply to a child in conflict with the law who has once enjoyed suspension of sentence, but shall nonetheless apply to one who is convicted of an offense punishable by reclusion perpetua or life imprisonment pursuant to the provisions of Rep. Act No. 9346 prohibiting the imposition of the death penalty and in lieu thereof, reclusion perpetua, and after application of the privileged mitigating circumstance of minority. If the child in conflict with the law reaches eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with the provisions of Republic Act No. 9344, or to extend the suspended sentence for a maximum period of up to the time the child reaches twenty-one (21) years of age, or to order service of sentence. Section 49. Disposition Conference. – In case of suspended sentence, the court shall set the case for disposition conference within fifteen (15) days from the promulgation of sentence with notice to the social worker of the court, the child and the parents or guardian ad litem of the child and the child's counsel, the victim and counsel. At the conference, the court shall proceed to determine and issue any or a combination of the following disposition measures best suited to the rehabilitation and welfare of the child: (1) Care, guidance, and supervision orders; (2) Community service orders; (3) Drug and alcohol treatment; (4) Participation in group counseling and similar activities; and (5) Commitment to the Youth Rehabilitation Center of the Department of Social Welfare and Development or other centers for children in conflict with the law authorized by the Secretary of the Department of Social Welfare and Development. Section 50. Compliance with Disposition Measures . – The social worker assigned to the child shall monitor the compliance by the child in conflict with the law with the disposition measures and shall submit regularly to the court a status and progress report on the matter. The court may set a conference for the evaluation of such report in the presence, if practicable, of the child, the parents or guardian, counsel and other persons whose presence may be deemed necessary. Section 51. Discharge of Child Subject of Disposition Measure. – Upon the recommendation of the social worker assigned to the child, the court shall, after due notice to all parties and hearing, dismiss the case against the child who has been issued disposition measures, even before reaching eighteen (18) years of age, and order a final discharge if it finds that the child has been rehabilitated and has shown the capability to be a useful member of the community. If the court finds that the child (a) is incorrigible; or (b) has not shown the capability of becoming a useful member of society; or (c) has willfully failed to comply with the conditions of the disposition or rehabilitation program; (d) or the child's continued stay in the training institution is not in the child’s best interest, the child shall be brought before the court for execution of the judgment. The final release of the child shall not extinguish the civil liability. The parents and other persons exercising parental authority over the child shall be civilly liable for the injuries and damages caused by the acts or omissions of the child living in their company and under the parental authority subject to the appropriate defenses provided by law. Section 52. Probation as an Alternative to Imprisonment. – 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 if qualified, in lieu of service of sentence taking into account the best interest of the child. Section 53. Credit in Service of Sentence . – The child in conflict with the law who has undergone preventive imprisonment shall be credited in the service of the sentence consisting of deprivation of liberty, with the full time during which the child has undergone preventive imprisonment, if the child agrees voluntarily in writing to abide by the same or similar disciplinary rules imposed upon convicted prisoners, except in any of the following cases: (1) When the child is a recidivist or has been convicted twice or more times of any crime; or (2) When upon being summoned for execution of sentence, the child failed to surrender voluntarily. A child who does not agree to the same disciplinary rules imposed upon convicted prisoners shall be credited in the service of the sentence with four-fifths of the time during which the child has undergone preventive imprisonment. Whenever the child has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which the child may be sentenced and the case is not yet terminated, the child shall be released immediately without prejudice to the continuation of any on-going intervention program, and the trial thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which the child may be sentenced is destierro, the child shall be released after thirty (30) days of preventive imprisonment. Any form of physical restraint imposed on the child in conflict with the law, including community service and commitment to a rehabilitation center, shall be considered preventive imprisonment. Section 54. Confidentiality of Proceedings and Record . – All proceedings and records involving children in conflict with the law from initial contact until final disposition of the case by the court shall be considered privileged and confidential. The public may be excluded from the proceedings and pursuant to the provisions of Section 31 of the Rule on Examination of a Child Witness, the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever, except to determine if the child may have the sentence suspended under Section 38 of this Rule or if the child may be granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action. The court shall employ other measures to protect confidentiality of proceedings including non-disclosure of records to the media, the maintenance of a separate police blotter for cases involving children in conflict with the law and the adoption of a system of coding to conceal material information, which will lead to the child’s identity. The records of children in conflict with the law shall not be used in subsequent proceedings or cases involving the same offender as an adult. Section 55. Non-liability for Perjury or Concealment or Misrepresentation . – Any person who has been in conflict with the law as a child shall not be held guilty of perjury or of concealment or misrepresentation by reason of failure to acknowledge the case or recite any fact related thereto in response to any inquiry. Section 56. Sealing of Records. – The court, motu proprio or on application of a person who has been adjudged a child in conflict with the law, or if still a minor, on motion of the parents or legal guardian, shall, upon notice to the prosecution and after hearing, order the sealing of the records of the case if it finds that two (2) years have elapsed since the final discharge of the child after suspension of sentence or probation, or from the date of the closure order and the child has no pending case of an offense or a crime involving moral turpitude. Upon entry of the order, the case shall be treated as if it never occurred. All index references shall be deleted and in case of inquiry, the court, prosecution, law enforcement officers and all other offices and agencies that dealt with the case shall reply that no record exists with respect to the child concerned. Copies of the order shall be sent to these officials and agencies named in the order. Inspection of the sealed records thereafter may be permitted only by order of the court upon petition of the child who is the subject of the records or of other proper parties. This procedure shall be without prejudice to the rule on destruction of video or audio tapes under Section 31 of the Rule on the Examination of a Child Witness. Section 57. Prohibition of Labeling . – In the conduct of proceedings from initial contact with the child in conflict with the law to the final disposition of the case, there shall be no branding or labeling of the child as a young criminal, juvenile delinquent, prostitute, vagrant, or attaching to the child in any manner any derogatory description or name. Likewise, no discriminatory statements, conduct and practices shall be allowed, particularly with respect to the child’s social or economic status, physical or mental disability or ethnic origin. Section 58. Contempt Powers. – A person who directly or indirectly disobeys any order of the court or obstructs or interferes with its proceedings or the enforcement of its orders issued under this Rule shall be liable for contempt of court. Section 59. Effectivity . – This Rule as revised shall take effect on December 1, 2009 after its publication in two (2) newspapers of general circulation not later than November 27, 2009.

DRIVING INNOVATION INTO GLOBAL DISTRIBUTION

Case studies.

CICL and The Agoge Group (CICL partner) were engaged to help with the implementation of the SHIELD. CICL brought the MNE and the SME relationships and offered innovation across the SHIELD programs.

Sonda, the largest independent IT systems integrator in Latin America, operating in 10 countries engaged CICL to help them build their new managed service unit in Mexico fast and efficiently. CICL introduced about 20 innovations, facilitated demonstrations and negotiations for reseller agreements with the 9 companies they chose to engage with.

CICL introduced Bambu's Advanced Wave Sound Method ( awsm) to one of the largest German Automotive companies resulting in the deployment of awsm into one of their new car product lines for $1.50 per car for 500,000 cars to enhance customer experience.

Is an active hospital microbiology laboratory cost-effective in a resource-limited setting? - a case study from Timor-Leste.

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Maintaining an active hospital microbiology laboratory allows definitive antibiotic treatment for bacterial infections to be given in a timely manner. This would be expected to improve patient outcomes and shorten length of hospital stay. However, many hospitals in low- and middle-income countries lack access to microbiology services, and the cost-effectiveness of an active microbiology service is unknown. We constructed a decision tree and performed a cost-effectiveness model analysis to determine whether maintaining an active microbiology laboratory service would be cost-effective in Timor-Leste, a lower middle-income country. The analysis was informed by local microbiology data, local patient treatment costs, results of an expert elicitation exercise and data from literature reviews. The results indicate that there is a high probability that maintaining an active microbiology laboratory is a cost-effective intervention that would both improve patient outcomes and reduce net costs (due to reduced intensive care admissions and potential costs of resistant infections) compared to no microbiological testing, especially for the hospitalised paediatric patients with suspected primary bacteraemia. This remained true under various one-way sensitivity analyses, including when accuracy of microbiological testing is low, prevalence of bacterial infection among patients with suspected bloodstream infection was high, and prevalence of antibiotic resistance was high.

Competing Interest Statement

The authors have declared no competing interest.

Funding Statement

This study was funded by the Fleming Fund Country Grant to Timor-Leste. The Fleming Fund is a UK Aid fund administered by the UK Government's Department of Health and Social Care, which supports antimicrobial resistance surveillance activities in at least 25 countries around the world.

Author Declarations

I confirm all relevant ethical guidelines have been followed, and any necessary IRB and/or ethics committee approvals have been obtained.

I confirm that all necessary patient/participant consent has been obtained and the appropriate institutional forms have been archived, and that any patient/participant/sample identifiers included were not known to anyone (e.g., hospital staff, patients or participants themselves) outside the research group so cannot be used to identify individuals.

I understand that all clinical trials and any other prospective interventional studies must be registered with an ICMJE-approved registry, such as ClinicalTrials.gov. I confirm that any such study reported in the manuscript has been registered and the trial registration ID is provided (note: if posting a prospective study registered retrospectively, please provide a statement in the trial ID field explaining why the study was not registered in advance).

I have followed all appropriate research reporting guidelines, such as any relevant EQUATOR Network research reporting checklist(s) and other pertinent material, if applicable.

Data Availability

All data produced in the present work are contained in the manuscript

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In the tech world and beyond, new 5G applications are being discovered every day. From driverless cars to smarter cities, farms, and even shopping experiences, the latest standard in wireless networks is poised to transform the way we interact with information, devices and each other. What better time to take a closer look at how humans are putting 5G to use to transform their world.

What is 5G?

5G (fifth-generation mobile technology is the newest standard for cellular networks. Like its predecessors, 3G, 4G and 4G LTE, 5G technology uses radio waves for data transmission. However, due to significant improvements in latency, throughput and bandwidth, 5G is capable of faster download and upload speeds than previous networks.

Since its release in 2019, 5G broadband technology has been hailed as a breakthrough technology with significant implications for both consumers and businesses. Primarily, this is due to its ability to handle large volumes of data that is generated by complex devices that use its networks.

As mobile technology has expanded over the years, the number of data users generate every day has increased exponentially. Currently, other transformational technologies like artificial intelligence (AI), the Internet of Things (IoT ) and machine learning (ML) require faster speeds to function than 3G and 4G networks offer. Enter 5G, with its lightning-fast data transfer capabilities that allow newer technologies to function in the way they were designed to.

Here are some of the biggest differences between 5G and previous wireless networks.

Physical footprint : The transmitters that are used in 5G technology are smaller than in predecessors’ networks, allowing for discrete placement in out-of-the-way places. Furthermore, “cells”—geographical areas that all wireless networks require for connectivity—in 5G networks are smaller and require less power to run than in previous generations.
Error rates : 5G’s adaptive Modulation and Coding Scheme (MCS), a schematic that wifi devices use to transmit data, is more powerful than ones in 3G and 4G networks. This makes 5G’s Block Error Rate (BER)—a metric of error frequency—much lower.
Bandwidth : By using a broader spectrum of radio frequencies than previous wireless networks, 5G networks can transmit on a wider range of bandwidths. This increases the number of devices that they can support at any given time.
Lower latency : 5G’s low latency , a measurement of the time it takes data to travel from one location to another, is a significant upgrade over previous generations. This means that routine activities like downloading a file or working in the cloud is going to be faster with a 5G connection than a connection on a different network.

Like all wireless networks, 5G networks are separated into geographical areas that are known as cells. Within each cell, wireless devices—such as smartphones, PCs, and IoT devices—connect to the internet via radio waves that are transmitted between an antenna and a base station. The technology that underpins 5G is essentially the same as in 3G and 4G networks. But due to its lower latency, 5G networks are capable of delivering faster download speeds—in some cases as high as 10 gigabits per second (Gbps).

As more and more devices are built for 5G speeds, demand for 5G connectivity is growing. Today, many popular Internet Service Providers (ISPs), such as Verizon, Google and AT&T, offer 5G networks to homes and businesses. According to Statista, more than 200 million homes and businesses have already purchased it with that number expected to at least double by 2028 (link resides outside ibm.com).

Let’s take a look at three areas of technological improvement that have made 5G so unique.

New telecom specifications

The 5G NR (New Radio) standard for cellular networks defines a new radio access technology (RAT) specification for all 5G mobile networks. The 5G rollout began in 2018 with a global initiative known as the 3rd Generation Partnership Project (3FPP). The initiative defined a new set of standards to steer the design of devices and applications for use on 5G networks.

The initiative was a success, and 5G networks grew swiftly in the ensuing years. Today, 45% of networks worldwide are 5G compatible, with that number forecasted to rise to 85% by the end of the decade according to a recent report by Ericsson (link resides outside ibm.com).

Independent virtual networks (network slicing)

On 5G networks, network operators can offer multiple independent virtual networks (in addition to public ones) on the same infrastructure. Unlike previous wireless networks, this new capability allows users to do more things remotely with greater security than ever before. For example, on a 5G network, enterprises can create use cases or business models and assign them their own independent virtual network. This dramatically improves the user experience for their employees by adding greater customizability and security.

Private networks

In addition to network slicing, creating a 5G private network can also enhance personalization and security features over those available on previous generations of wireless networks. Global businesses seeking more control and mobility for their employees increasingly turn to private 5G network architectures rather than public networks they’ve used in the past.

Now that we better understand how 5G technology works, let’s take a closer look at some of the exciting applications it’s enabling.

Autonomous vehicles

From taxi cabs to drones and beyond, 5G technology underpins most of the next-generation capabilities in autonomous vehicles. Until the 5G cellular standard came along, fully autonomous vehicles were a bit of a pipe dream due to the data transmission limitations of 3G and 4G technology. Now, 5G’s lightning-fast connection speeds have made transport systems for cars, trains and more, faster than previous generations, transforming the way systems and devices connect, communicate and collaborate.

Smart factories

5G, along with AI and ML, is poised to help factories become not only smarter but more automated, efficient, and resilient. Today, many mundane but necessary tasks that are associated with equipment repair and optimization are being turned over to machines thanks to 5G connectivity paired with AI and ML capabilities. This is one area where 5G is expected to be highly disruptive, impacting everything from fuel economy to the design of equipment lifecycles and how goods arrive at our homes.

For example, on a busy factory floor, drones and cameras that are connected to smart devices that use the IoT can help locate and transport something more efficiently than in the past and prevent theft. Not only is this better for the environment and consumers, but it also frees up employees to dedicate their time and energy to tasks that are more suited to their skill sets.

Smart cities

The idea of a hyper-connected urban environment that uses 5G network speeds to spur innovation in areas like law enforcement, waste disposal and disaster mitigation is fast becoming a reality. Some cities already use 5G-enabled sensors to track traffic patterns in real time and adjust signals, helping guide the flow of traffic, minimize congestion, and improve air quality.

In another example, 5G power grids monitor supply and demand across heavily populated areas and deploy AI and ML applications to “learn” what times energy is in high or low demand. This process has been shown to significantly impact energy conservation and waste, potentially reducing carbon emissions and helping cities reach sustainability goals.

Smart healthcare

Hospitals, doctors, and the healthcare industry as a whole already benefit from the speed and reliability of 5G networks every day. One example is the area of remote surgery that uses robotics and a high-definition live stream that is connected to the internet via a 5G network. Another is the field of mobile health, where 5G gives medical workers in the field quick access to patient data and medical history. This enables them to make smarter decisions, faster, and potentially save lives.

Lastly, as we saw during the pandemic, contact tracing and the mapping of outbreaks are critical to keeping populations safe. 5G’s ability to deliver of volumes of data swiftly and securely allows experts to make more informed decisions that have ramifications for everyone.

5G paired with new technological capabilities won’t just result in the automation of employee tasks, it will dramatically improve them and the overall employee experience . Take virtual reality (VR) and augmented reality (AR), for example. VR (digital environments that shut out the real world) and AR (digital content that augments the real world) are already used by stockroom employees, transportation drivers and many others. These employees rely on wearables that are connected to a 5G network capable of high-speed data transfer rates that improve several key capabilities, including the following:

Live views : 5G connectivity provides live, real-time views of equipment, events, and even people. One way in which this feature is being used in professional sports is to allow broadcasters to remotely call a sporting event from outside the stadium where the event is taking place.
Digital overlays : IoT applications in a warehouse or industrial setting allow workers that are equipped with smart glasses (or even just a smartphone) to obtain real-time insights from an application. This includes repair instructions or the name and location of a spare part.
Drone inspections : Right now, one of the leading causes of employee injury is inspection of equipment or project sites in remote and potentially dangerous areas. Drones, which are connected via 5G networks, can safely monitor equipment and project sites and even take readings from hard-to-reach gauges.

Edge computing , a computing framework that allows computations to be done closer to data sources, is fast becoming the standard for enterprises. According to this Gartner white paper (link resides outside ibm.com), by 2025, 75% of enterprise data will be processed at the edge (compared to only 10% today). This shift saves businesses time and money and enables better control over large volumes of data. It would be impossible without the new speed standards that are generated by 5G technology.

Ultra-reliable edge computing and 5G enable the enterprise to achieve faster transmission speeds, increased control and greater security over massive volumes of data. Together, these twin technologies will help reduce latency while increasing speed, reliability and bandwidth, resulting in faster, more comprehensive data analysis and insights for businesses everywhere.

5G solutions with IBM Cloud Satellite

5G presents significant opportunities for the enterprise, but first, you need a platform that can handle its speed. IBM Cloud Satellite® lets you deploy and run apps consistently across on-premises, edge computing and public cloud environments on a 5G network. And it’s all enabled by secure and auditable communications within the IBM Cloud®.

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Social CASE Study Report FORM (CICL)
SCSR of CICL guide social case study report for children in conflict with the law identifying information name alias, if any sex age date of birth place of
PDF Intervention Programs for Children in Conflict With the Law (Cicl
Hence, theRegional Situationer of Children in Conflict with the Law (CICL) is developed for the purpose of moving the Northern Mindanao community toward a more child-sensitive and child-friendly zone believing the quote of Philippine National Hero Dr. Jose Rizal that the youth is the hope of our nation.Therefore, this study was
A Case study on Children in Conflict with the Law in Caloocan City
The study found that female CICL come from poor families, had unemployed parents or with very little income. ... Quezon City A Case study on Children in Conflict with the Law in Caloocan City A research paper for PA 299.2 Hazel J. Urminita PA 299.2 Research Methods in Public Administration I 5:30 - 8:30PM Professor Rizalino Cruz I. RATIONALE ...
Juvenile Crimes in Tarlac City: a Case Study
major purpose of this study is to describe the crimes committed by Juvenile and to narrate the experiences of the CICL it also includes the formulation of measures to help the CICL and to identify the implication of the study to Public administration. This study utilized qualitative research design in a form of case study as a tool.
Children in Conflict with the Law in Cebu
The situational analysis of children in conflict with the law (CICL) in the cities of Cebu, Mandaue, Lapulapu, and Talisay, as well as the Municipality of Consolacion, is presented within the context of the Five Pillars of Justice in the Philippines-law enforcement, prosecution, correction, court and community ... Case Studies and Success ...
Research on the Situation of Children in Conflict with the Law in
This study examines the situation of children in conflict with the law (CICL) within the context of the criminal justice system in metro Manila cities, and identifies the major gaps and abuses that occur within the system
PDF PNP Manual in Handling CAR and CICL Cases
Whenever a case is referred and documents need to be submitted, the WCPD Officer shall submit the records of the case in a sealed envelope with the "CAR CASE" or "CICL CASE", written conspicuously on the upper right-hand corner of the face of the envelope, with appropriate receipts for the documents.
(PDF) Case Research of Personology of Filipino Children in Conflict
Aiming to describe the profile and personology of CICL in Bahay Kalinga; and its correlates. Case research was used in analyzing violations, family structure and personology among 20 participants.
(PDF) Assessing the Impact of Holistic Intervention Program for
By examining the experiences of CICL, this study aims to gain a deeper understanding ... seven former CICLs for their study, a larger sample size ... FGDs and case studies were utilized in data ...
Rehabilitation Programs For Children In Conflict With the Law (CICL
The programs for the CICL in the two centers in this study are standard in their components the form of (a) homelife, (b) health care, (c) education, (d) values formation, (e) recreation and sports and (f) skills development. The manner of implementation is dependent of the support of the LGUs in terms of budget, staffing and other resources ...
(Doc) Social Case Study Report September 26, 2016 Identifying
SOCIAL CASE STUDY REPORT SEPTEMBER 26, 2016 IDENTIFYING INFORMATION IDENTIFYING INFORMATION: NAME :Joel Lorica Domingo AGE :18 years old SEX :Male BIRTHDATE :July 5, 1998 PLACE OF BIRTH :Brgy. ... - 3968 for Frustrated murder. The subject CICL showed in the details above that he just defended himself against such harm. As the client is a minor ...
G.R. No. 246146
This petition for review on certiorari challenges the September 27, 2018 Decision 1 and the March 4, 2019 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CR No. 40165, which affirmed the June 2, 2017 Decision 3 of the Regional Trial Court (RTC) of Quezon City, Branch 94, finding petitioner CICL XXX guilty beyond reasonable doubt of the crime of Acts of Lasciviousness.
(PDF) Instilling Values to Children in Conflict with the ...
This study investigates how values are instilled to children in conflict with the law (CICL) in a Philippines youth facility through the houseparent-resident relationship. Although a wealth of ...
2019 Revised Rule on Children in Conflict with the Law, now in effect
Platon Martinez Law. On 22 January 2019, the Supreme Court released the 2019 Revised Rule on Children in Conflict with the Law, effective on 07 July 2019 ("Revised CICL Rules"). The revisions introduced aim to strengthen the protection of children in conflict with the law and establish that charges involving a minor are now bailable as a ...
Cicl Xxx, Child in Conflict With the Law, Petitioner, Vs. People of The
This petition for review on certiorari challenges the September 27, 2018 Decision [1] and the March 4, 2019 Resolution [2] of the Court of Appeals (CA) in CA-G.R. CR No. 40165, which affirmed the June 2, 2017 Decision [3] of the Regional Trial Court (RTC) of Quezon City, Branch 94, finding petitioner CICL XXX guilty beyond reasonable doubt of the crime of Acts of Lasciviousness.
(PDF) Case Research of Personology of Filipino Children in Conflict
CICL in Bahay Kalinga usually comes from families with an average of 4 to 5 members. About more than half or 65% (13 out of 20) of CICL covered by the study lived with parents, 10% (2 out of 20) with the mother alone, 15 % (3 out of 20) with father alone, and only 5% (1 out of 20) with relatives and another 5% (1 out of 20) with grandparents.
Children in conflict with the law: Cracks in Juvenile Justice Act
Such is the case, too, in Valenzuela. While Valenzuela has more decent and sustainable treatment of CICL, the city also experiences problems with its BCPCs. Even minor offenses such as violations ...
CICL Case Study Example.docx
RA 9344 or The Juvenile Justice and Welfare Act of 2006: A Case Study on its Implementation in Bacolod City By Julie Anne V. Antolo and Trixie Mae F. Perez In line with Republic Act No. 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006, this study aims to analyze the extent of the implementation of the law for children-in-conflict-with law (CICL) in an urban city in the ...
Research on the situation of children in conflict with the law in
This study examines the situation of children in conflict with the law (CICL) within the context of the criminal justice system in metro Manila cities, and identifies the major gaps and abuses that occur within the system. In particular it focuses on aspects of: city and Barangay ordinances and resolutions; profile of children in conflict with ...
REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW
Case Study Report. - After the institution of the criminal action, the social worker assigned to the child shall immediately undertake a social case inquiry of the child and the child's family, the child's environment and such other matters relevant to aid the court in the proper disposition of the case. ... CICL Crim. Case No.___-____(year ...
(PDF) The Life Changer: Social Workers in Rehabilitation ...
The study leads to the challenges and plight of social workers in their day-to-day activity in juvenile case management. As for how the participants coped with the challenges, they have been ...
CASE STUDIES
CASE STUDIES . CICL and The Agoge Group (CICL partner) were engaged to help with the implementation of the SHIELD. CICL brought the MNE and the SME relationships and offered innovation across the SHIELD programs. Learn More. Sonda, the largest independent IT systems integrator in Latin America, operating in 10 countries engaged CICL to help ...
AHRQ Seeks Examples of Impact for Development of Impact Case Studies
Since 2004, the agency has developed more than 400 Impact Case Studies that illustrate AHRQ's contributions to healthcare improvement. Available online and searchable via an interactive map , the Impact Case Studies help to tell the story of how AHRQ-funded research findings, data and tools have made an impact on the lives of millions of ...
Is an active hospital microbiology laboratory cost-effective in a
Maintaining an active hospital microbiology laboratory allows definitive antibiotic treatment for bacterial infections to be given in a timely manner. This would be expected to improve patient outcomes and shorten length of hospital stay. However, many hospitals in low- and middle-income countries lack access to microbiology services, and the cost-effectiveness of an active microbiology ...
5G Examples, Applications & Use Cases
In the tech world and beyond, new 5G applications are being discovered every day. From driverless cars to smarter cities, farms, and even shopping experiences, the latest standard in wireless networks is poised to transform the way we interact with information, devices and each other.