Article 54Act No. 3815, Sec./Art. 54

Penalty to be imposed upon accomplices in a frustrated crime.-The penalty next lower in degree than that prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

which the child in conflict with the law is not permitted to

leave at will by order of any judicial or administrative

authority.

(i) "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 his/her

social, cultural, economic, psychological or educational

background

without

resorting

to

formal

court

proceedings.

(j) "Diversion Program" refers to the program that the

child in conflict with the law is required to undergo after

he/she

is

found

responsible

for

an

offense

without

resorting to formal court proceedings.

(k)

"Initial

Contact

With-the

Child"

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 when 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.

(I) "Intervention" refers to a series of activities which are

designed to address issues that caused the child to

commit

an

offense.

It

may

take

the

form

of

an

individualized treatment program which may include

counseling, skills training, education, and other activities

that will enhance his/her psychological, emotional and

psycho-social well-being.

(m) "Juvenile Justice and Welfare System" refers to a

system dealing with children at risk and children in

conflict with the law, which provides child-appropriate

proceedings,

including

programs

and

services

for

prevention, diversion, rehabilitation, re-integration and

aftercare

to

ensure

their

normal

growth

and

development.

(n) "Law Enforcement Officer" refers to the person in

authority or his/her agent as defined in Article 152 of the

Revised Penal Code, including a barangay tanod.

(0) "Offense" refers to any act or omission whether

punishable under special laws or the Revised Penal Code,

as amended.

(p) "Recognizance" refers to an undertaking in lieu of a

bond assumed by a parent or custodian who shall be

responsible for the appearance in court of the child in

conflict with the law, when required.

(q)

"Restorative

Justice"

refers

to

a

principle

which

requires

a

process

of

resolving

conflicts

with

the

maximum involvement of the victim, the offender and

the community. It seeks to obtain reparation for the

victim; reconciliation of the offender, the offended and

the community; and reassurance to the offender that

he/she can be reintegrated into society. It also enhances

public safety by activating the offender, the victim and

the community in prevention strategies.

(r) "Status Offenses" refers to offenses which discriminate

only against a child, while an adult does not suffer any

penalty for committing similar acts. These shall include

curfew violations; truancy, parental disobedience and the

like.

(s) ‘Bahay Pag-asa’ – refers to a 24-hour child-caring

institution established, funded and managed by local

government units (LGUs) and licensed and/or accredited

nongovernment

organizations

(NGOs)

providing

short-term residential care for children in conflict with the

law who are above fifteen (15) but below eighteen (18)

years of age who are awaiting court disposition of their

cases or transfer to other agencies or jurisdiction.

Part of the features of a ‘Bahay Pag-asa’ is an intensive

juvenile intervention and support center. This will cater to

children in conflict with the law in accordance with

Sections 20, 20-A and 20-B hereof.

A multi-disciplinary team composed of a social worker, a

psychologist/mental

health

professional,

a

medical

doctor,

an

educational/guidance

counselor

and

a

Barangay Council for the Protection of Children (BCPC)

member shall operate the ‘Bahay Pag-asa’. The team will

work on the individualized intervention plan with the

child and the child’s family. (as amended by RA No

10630)

(t)

"Youth Rehabilitation Center" refers to a 24-hour

residential care facility managed by the Department of

Social Welfare and Development (DSWD), LGUs, licensed

and/or accredited NGOs monitored by the DSWD, which

provides care, treatment and rehabilitation services for

children in conflict with the law. Rehabilitation services

are provided under the guidance of a trained staff where

residents are cared for under a structured therapeutic

environment with the end view of reintegrating them

into

their

families

and

communities

as

socially

functioning individuals. Physical mobility of residents of

said centers may be restricted pending court disposition

of the charges against them.

(u) "Victimless Crimes" refers to offenses where there is no

private offended party.

CHAPTER 2 PRINCIPLES IN THE ADMINISTRATION OF

JUVENILE JUSTICE AND WELFARE

SEC. 5. Rights of the Child in Conflict with the Law. -

Every

child

in

conflict with the law shall have the

following rights, including but not limited to:

(a) the right not to be subjected to torture or other cruel,

inhuman or degrading treatment or punishment;

(b) the right not to be imposed a sentence of capital

punishment or life imprisonment, without the possibility

of release;

(c) the right not to be deprived, unlawfully or arbitrarily, of

his/her

liberty;

detention

or

imprisonment

being

a

disposition of last resort, and which shall be for the

shortest appropriate period of time;

(d) the right to be treated with humanity and respect, for

the inherent dignity of the person, and in a manner

which takes into account the needs of a person of his/her

age. In particular, a child deprived of liberty shall be

separated from adult offenders at all times. No child shall

be detained together with adult offenders. He/She shall

be conveyed separately to or from court. He/She shall

await hearing of his/her own case in a separate holding

area. A child in conflict with the law shall have the right to

maintain

contact

with

his/her

family

through

correspondence

and

visits,

save

in

exceptional

circumstances;

(e)

the

right

to

prompt

access

to legal and other

appropriate assistance, as well as the right to challenge

the legality of the deprivation of his/her liberty before a

court or other competent, independent and impartial

authority, and to a prompt decision on such action;

(f) the right to bail and recognizance, in appropriate cases;

(g) the right to testify as a witness in hid/her own behalf

under the rule on examination of a child witness;

(h) the right to have his/her privacy respected fully at all

stages of the proceedings;

(i)

the

right

to

diversion

if he/she is qualified and

voluntarily avails of the same;

(j) the right to be imposed a judgment in proportion to

the gravity of the offense where his/her best interest, the

rights of the victim and the needs of society are all taken

into consideration by the court, under the principle of

restorative justice;

(k) the right to have restrictions on his/her personal liberty

limited to the minimum, and where discretion is given by

law to the judge to determine whether to impose fine or

imprisonment, the imposition of fine being preferred as

the more appropriate penalty;

© Compiled By RGL

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