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May 2012 Legal Advisories B PDF
May 2012 Legal Advisories B PDF
RA 9344 sets
the new minimum
age of criminal
responsibility to 15
years and one day Taken from:
and above Durianpost.wordpress.com
compared to the
nine years and above age set by the Revised Penal Code. With
this development, and few months after NAPOLCOM, PNP and
UNICEF jointly published the “Police Manual on the
Management of Cases of Children In Conflict With The Law
(CICL)”, the Supreme Court enacted Administrative Matter No.
02-1-18-SC known as the Revised Rule On CICL. The two laws
are the governing laws when it comes to procedures in discernment depending on the availability of the CICL for
handling CICL. the DSWD Officer to examine.
For this month, the PNP Legal Service will suggest how the Child aged 15 years and below
PNP should deal with CICL in addition to the procedures
prescribed in the abovementioned PNP manual. Q: What is the effect if it is ascertained that the child is aged 15
years and below?
A: He is exempted from criminal liability. Hence, the child
cannot be detained. But, such exemption does not include
exemption from civil liability.
Q: What are the requirements before the case involving CICL Q: What is the procedure
could be filed at the prosecutor’s office? in handling a child
A: 1. In case of Inquest, a certification of discernment from the aged 15 years and
DSWD if the CICL is charged with a non-serious offense. If below?
the offense is serious, no need. A: 1. The Authority who
2. In case of filing for regular preliminary investigation, the had initial contact
case could be filed with or without the certification of with the child shall
immediately release
the child to the custody of the mother or father. In their A: “Age of criminal responsibility” is the age when a child,
absence, to the nearest relative, to the Brgy Official or to fifteen (15) years and one (1) day old or above but below
the DSWD in that order of preference; and, eighteen (18) years of age, commits an offense with
2. Notify the local DSWD. discernment.
Q: Why is there a need to notify the DSWD? Q: What should a police officer do if it is determined that the
A: For the DSWD to determine the appropriate intervention suspect is a CICL?
program to be applied to the child or to file a petition for A: The police dealing with the child must determine if the child
involuntary commitment under PD 603 if the child or the committed a non-serious (with six years and below
parents will imprisonment) or serious (with more than six years
not consent imprisonment) offense.
to the
intervention If the child committed a non-serious offense
program.
Q: What are the effects if the police find out that the child
Q: What is an committed a non-serious offense?
“intervention A: The following are the effects:
program”? 1. Outside court diversion is
A: “Intervention allowed. Caveat:
program” Although diversion is
refers to a allowed at the PNP
series of station level, it is safer to
individualized pass this responsibility to
treatment activities or programs designed to address issues the DSWD Officer.
that caused the child to commit an offense. These may 2. It is the DSWD that will
include counselling, skills training, education, and other preliminarily determine
activities that are aimed to improve and enhance the if the CICL acted with or
child’s psychological, emotional and psycho-social well- without discernment;
being. 3. The case could be filed only if the DSWD certified that
the CICL acted with discernment.
Child aged 15 years and one day 4. If the DSWD will declare that the CICL acted without
but below 18 years old discernment, the case will be disposed or the child will
be treated similar to that of a minor aged 15 years and
Q: Who is a child in conflict with the law (CICL)? below;
A: A CICL refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Q: Could the Authority who had initial contact with the child
Philippine laws (RA 9344). aged 15 years and one day but below 18 years old, and
who acted with discernment, immediately release the child
Q: What is meant by the phrase “age of criminal responsibility”? to the custody of the mother or father?
A: No. This time, it is the Court alone which could order the If the child committed a serious offense
release of the child to the parents, etc (Sec. 25, AM No. 02-1-
18-SC). Q: What are the effects if the police find out that the child
committed a serious offense?
Note: This is the reason why the PNP has to file the case even if A: The following are the effects:
there is outside court diversion. Once the case has been 1. Certification of Discernment from the DSWD is no longer
filed, the Prosecutor has no option but to conduct inquest necessary;
proceedings and file the case in court so that the court 2. It is the Court that will determine if the child acted with or
could acquire jurisdiction over the case and it could order without discernment;
the release of the accused on recognizance. The success or 3. If the Court will declare that the child acted without
failure of the outside court diversion does not have any discernment, the case will be disposed or the child will
effect on the be treated similar to that of a suspect aged 15 years
filing of the case.
Whatever the The release on recognizance
result of the of any person under detention
outside court
may be ordered only by a
diversion will be
noted in the court Court (Espiritu vs Jovellanos,
docket as the 280 SCRA 579, 1997).
outcome of the
case.
Q: The mother of a 16-year old boy approached the police and Q: What is the appropriate charge to a CICL caught sniffing
informed her that her son has a standing warrant of arrest rugby?
for rape he committed when he was still 13 years old. The A: None. Section 21 of
mother asked what to do with her son considering that AM No. 02-1-18-SC
under new laws, her son is not criminally liable. provides that no
A: Arrest the child and deliver the child to the court that issued information shall be
the warrant and seek proper disposition thereat. It is filed against a child
unbelievable that the court will issue a warrant if indeed the for sniffing rugby.
age of the child was Likewise prostitution
determined to be 13 under section 202 of
years old. Even if it will the RPC cannot be
be true that the child is filed against a child.
indeed 13 years old
when he committed Q: Sir, we are planning to
the offense, the case is adduce as evidence the
Taken from:
now with the court blotter entries of a suspect
hence, the PNP cannot aged 25 years old which whatandrewcansay.wordpress.
decide for the court. were entered in our blotter com
when he was then a minor,
Q: Same facts as in the is it okay?” said a caller of
immediately preceding LEGAL ADVICE 24/7.
question except that A: It will be excluded by the
the crime was committed by a child when he was more Court because of
than 16 years old and the victim is a demented child. “confidentiality” provision of
Pending issuance of formal order from the court as to RA 9344. It seems that
where the child will be detained, should the arresting PNP legally, there is no more
unit detain the child or release the child to the DSWD? child recidivist.
A: Just detain the child and wait for the order of the court.
Considering the gravity of the offense, and the age of the NOTE: Please visit our website: “www.legalservice.org.ph”
child when he committed the offense, he could not even for more informative articles about police works.
post a bail for his liberty.