Article 53Act No. 3815, Sec./Art. 53

Penalty to be imposed upon accessories to the commission of a consummated felony.-The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

eligible for parole under Act No. 4180, otherwise known as

the Indeterminate Sentence Law, as amended.

SEC. 4. The Board of Pardons and Parole shall cause the

publication at least one a week for three consecutive

weeks in a newspaper of general circulation of the names

of persons convicted of offenses punished with reclusion

perpetua or life imprisonment by reason of this Act who

are being considered or recommend for commutation or

pardon; Provided, however , That nothing herein shall limit

the power of the President to grant executive clemency

under Section 19, Article VII of the Constitutions.

SEC. 5. This Act shall take effect immediately after its

publication

in

two

national

newspapers

of

general

circulation.

RA No 9344 | Juvenile Justice Welfare Act of

2006

Republic Act No. 9344 as amended by Republic Act No.

10630

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE

JUSTICE AND WELFARE SYSTEM, CREATING THE

JUVENILE JUSTICE AND WELFARE COUNCIL UNDER

THE DEPARTMENT OF SOCIAL WELFARE AND

DEVELOPMENT, APPROPRIATING FUNDS THEREFOR,

AND FOR OTHER PURPOSES

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled :

TITLE I GOVERNING PRINCIPLES

CHAPTER 1 TITLE, POLICY AND DEFINITION OF TERMS

Section 1. Short Title and Scope. - This Act shall be

known as the "Juvenile Justice and Welfare Act of

2006." It shall cover the different stages involving children

at

risk

and

children

in

conflict

with the law from

prevention to rehabilitation and reintegration.

SEC. 2. Declaration of State Policy. - The following State

policies shall be observed at all times:

(a) The State recognizes the vital role of children and

youth in nation building and shall promote and protect

their physical, moral, spiritual, intellectual and social

well-being. It shall inculcate in the youth patriotism and

nationalism, and encourage their involvement in public

and civic affairs.

(b) The State shall protect the best interests of the child

through measures that will ensure the observance of

international standards of child protection, especially

those to which the Philippines is a party. Proceedings

before any authority shall be conducted in the best

interest of the child and in a manner which allows the

child to participate and to express himself/herself freely.

The participation of children in the program and policy

formulation

and

implementation

related

to

juvenile

justice and welfare shall be ensured by the concerned

government agency.

(c) The State likewise recognizes the right of children to

assistance,

including

proper

care and nutrition, and

special

protection

from all forms of neglect, abuse,

cruelty and exploitation, and other conditions prejudicial

to their development.

(d)

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 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.

(e) The administration of the juvenile justice and welfare

system shall take into consideration the cultural and

religious perspectives of the Filipino people, particularly

the indigenous peoples and the Muslims, consistent with

the protection of the rights of children belonging to these

communities.

(f) The State shall apply the principles of restorative justice

in all its laws, policies and programs applicable to children

in conflict with the law.

SEC. 3. Liberal Construction of this Act. - In case of

doubt, the interpretation of any of the provisions of this

Act, including its implementing rules and regulations

(IRRs), shall be construed liberally in favor of the child in

conflict with the law.

SEC. 4. Definition of Terms. - The following terms as

used in this Act shall be defined as follows:

(a) "Bail" refers to the security given for the release of the

person in custody of the law, furnished by him/her or a

bondsman, to guarantee his/her appearance before any

court. Bail may be given in the form of corporate security,

property bond, cash deposit, or recognizance.

(b) "Best Interest of the Child" refers to the totality of the

circumstances and conditions which 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) "Child" refers to a person under the age of eighteen

(18) years.

(d) "Child at Risk" refers to a child who is vulnerable to and

at the risk of committing criminal offenses because of

personal, family and social circumstances, such as, but

not limited to, the following:

(1) being abused by any person through sexual, physical,

psychological, mental, economic or any other means and

the parents or guardian refuse, are unwilling, or unable to

provide protection for the child;

(2) being exploited including sexually or economically;

(3) being abandoned or neglected, and after diligent

search and inquiry, the parent or guardian cannot be

found;

(4) coming from a dysfunctional or broken family or

without a parent or guardian;

(5) being out of school;

(6) being a streetchild;

(7) being a member of a gang;

(8) living in a community with a high level of criminality or

drug abuse; and

(9) living in situations of armed conflict.

(e) "Child in Conflict with the Law" refers to a child who is

alleged as, accused of, or adjudged as, having committed

an offense under Philippine laws.

(f) "Community-based Programs" refers to the programs

provided in a community setting developed for purposes

of intervention and diversion, as well as rehabilitation of

the child in conflict with the law, for reintegration into

his/her family and/or community.

(g) "Court" refers to a family court or, in places where

there are no family courts, any regional trial court.

(h) "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

© Compiled By RGL

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