REPUBLIC OF THE PHILIPPINES

Regional Trial Court

12TH JUDICIAL REGION
BRANCH 07
Tubod, Lanao del Norte

PEOPLE OF THE CRIMINAL CASE NO.

PHILIPPINES, kkk

Plaintiff, FOR:
-versus- Murder

AAA,
Accused.
x--------------------------------x

URGENT MOTION FOR THE TERMINATION OF

DISPOSITION PROGRAM AND
FOR THE RELEASE OF THE CICL
TO THE CUSTODY OF HIS PARENTS

AAA, by the undersigned counsel, and unto this

Honorable Court, most respectfully avers:

1. That the herein case has already been previously

terminated following the plea of guilt by the herein
Child in Conflict with the Law (CICL) last 15 October
2018;

2. That pursuant to Section 39 of R.A. No. 9344 or the

Juvenile Justice and Welfare Act of 2006 as amended
by R.A. No. 10630, the herein CICL was placed by the
Honorable Court under suspended sentence;

3. As such, the herein CICL was admitted last 06 March

2019 with the Department of Social Welfare and
Development Regional Rehabilitation for the Youth
(DSWD-RRCY) at City for his rehabilitation and
reformation program;

4. On 02 October 2019, the DSWD-RRCY submitted with

the Honorable Court a Final Report regarding the
herein CICL manifesting therein the positive
behavioral conduct of the CICL while undergoing his
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rehabilitation and reformation program with the RRCY.

The DSWD also recommended for the speedy
disposition of the case and the discharge of the CICL
from the center pursuant to Section 39 of R.A. No.
9344 or the Juvenile Justice and Welfare Act of 2006;

5. In its order dated 15 November 2019, the then Acting

Presiding Judge, ordered for the hearing of the case to
be set on 06 December 2019. However, the said
hearing was reset considering that the designation of
the therein Acting Presiding Judge has been revoked
by the Supreme Court pursuant to OCA Circular No.
213-2019. Until present, no new date for the hearing
of the case has been set considering the current
circumstances and set-up of the Honorable Court;

6. On 20 December 2019, the RRCY filed a letter-report

with the Honorable Court stating therein the positive
results of the CICL’s rehabilitation program and
praying for the discharge of the CICL from the center
as it will redound to his best welfare and interest;

7. Again on 25 February 2020, the RRCY filed a letter-

report with the Honorable Court stating therein the
positive results of the CICL’s rehabilitation program
and praying for the discharge of the CICL from the
center as it will redound to his best welfare and
interest;

8. Considering that the instant case of the herein CICL

has already been terminated, that he has complied
satisfactorily with his rehabilitation and reformation
program, and that the DWSD-RRCY has already
recommended for his discharge from the center and for
his immediate family and community reintegration, it
is respectfully prayed that the disposition program of
the herein CICL be terminated and that he be released
from the RRCY and returned to the custody of his
family;

9. Section 30 of R.A. No. 9344 provides:

SEC. 39.  Discharge of the Child in Conflict with

the Law. - Upon the recommendation of the social
worker who has custody of the child, the court shall
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dismiss the case against the child whose sentence has

been suspended and against whom disposition
measures have been issued, and shall order the final
discharge of the child if it finds that the objective of the
disposition measures have been fulfilled.

The discharge of the child in conflict with the law shall

not affect the civil liability resulting from the commission
of the offense, which shall be enforced in accordance
with law.

10. Also, considering the current COVID-19 pandemic,

the undersigned counsel, as well as the DSWD-RRCY
humbly prays for the kind benevolence of this
Honorable Court that the submitted Final Report of
the DSWD be acted upon by this Honorable Court. It is
also respectfully prayed that the disposition program
of the herein CICL be terminated, as there is an urgent
need for the DSWD-RRCY center to be decongested as
they are concerned about the health of their residents,
especially as they are still mandated to accept new
admissions as referred by the courts;

11. Also, the herein CICL is one of the clients of the

DSWD-RRCY with Final Reports who has already
achieved his rehabilitation goals and has been staying
in the center for more than a year, which is already
beyond his period of confinement in the center.
Further, the herein case has already been terminated
and that the RRCY rehabilitation team has already
recommended for the discharge from the center of the
CICL for him to be reunited with his family and
community pursuant to the provisions of R.A. 9344 as
amended by R.A. 10630. (Attached is the
recommendation from the DWSD).

12. Lastly, it is respectfully submitted that the release

of the CICL to his family, especially during this time of
Pandemic, would be for the best welfare and interest of
the child. Pursuant to Article 40 of the United Nations
Convention on the Rights of the Child, the State
recognizes the right of every child alleged as, accused
of, adjudged, or recognized as having infringed the
penal law to be treated in a manner consistent with
the promotion of the child's sense of dignity and
worth, taking into account the child's age and
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desirability of promoting his/her reintegration.

Whenever appropriate and desirable, the State shall
adopt measures for dealing with such children without
resorting to judicial proceedings, providing that
human rights and legal safeguards are fully respected.
It shall ensure that children are dealt with in a
manner appropriate to their well-being by providing
for, among others, a variety of disposition measures
such as care, guidance and supervision orders,
counseling, probation, foster care, education and
vocational training programs and other alternatives to
institutional care.1

13. That this Motion is necessitated by urgent

circumstances and filed in utmost good faith for the
purpose aforementioned.

WHEREFORE, premises considered, in the interest of

justice and in consonance with the essence and spirit of
Republic Act No. 9344, it is most respectfully prayed of this
Honorable Court that an Order be issued for the termination
of the disposition program of the herein CICL and that the
herein CICL be discharged from the DSWD-RRCY and released
and reintegrated to his parents and to the community.

In the alternative, it is respectfully prayed that the CICL

be released to the custody of his parents pending the final
termination of the CICL’s disposition program.

Other reliefs available under the premises are likewise

prayed for.

RESPECTFULLY SUBMITTED,

1
Section 2, Par. (d), R.A 9344.