Article 55Act No. 3815, Sec./Art. 55

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

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(I) in general, the right to automatic suspension of

sentence;

(m)

the

right

to

probation

as

an

alternative

to

imprisonment, if qualified under the Probation Law;

(n)

the

right

to

be

free

from

liability

for

perjury,

concealment or misrepresentation; and

(o) other rights as provided for under existing laws, rules

and regulations.

The State further adopts the provisions of the United

Nations Standard Minimum Rules for the Administration

of Juvenile Justice or "Beijing Rules", United Nations

Guidelines for the Prevention of Juvenile Delinquency or

the "Riyadh Guidelines", and the United Nations Rules for

the Protection of Juveniles Deprived of Liberty.

SEC. 6. Minimum Age of Criminal Responsibility. - A

child fifteen (15) 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 pursuant to Section 20 of this Act.

A child is deemed to be fifteen (15) years of age on the day

of the fifteenth anniversary of his/her birthdate.

A child above fifteen (15) years but below eighteen (18)

years of age shall likewise be exempt from criminal

liability and be subjected to an intervention program,

unless he/she has acted with discernment, in which case,

such

child

shall

be

subjected

to

the

appropriate

proceedings in accordance with this Act.

The exemption from criminal liability herein established

does not include exemption from civil liability, which shall

be

enforced

in

accordance

with

existing

laws.

(as

amended by RA No 10630)

SEC. 7. Determination of Age. - The child in conflict with

the law shall enjoy the presumption of minority. He/She

shall enjoy all the rights of a child in conflict with the law

until he/she is proven to be eighteen (18) years old or

older. The age of a child may be determined from the

child's birth certificate, baptismal certificate or any other

pertinent

documents.

In

the

absence

of

these

documents, age may be based on information from the

child himself/herself, testimonies of other persons, the

physical appearance of the child and other relevant

evidence. In case of doubt as to the age of the child, it

shall be resolved in his/her favor.

Any person contesting the age of the child in conflict with

the law prior to the filing of the information in any

appropriate

court

may

file

a

case

in

a

summary

proceeding for the determination of age before the

Family

Court

which

shall

decide

the

case

within

twenty-four (24) hours from receipt of the appropriate

pleadings of all interested parties.

If a case has been filed against the child in conflict with

the law and is pending in the appropriate court, the

person shall file a motion to determine the age of the

child in the same court where the case is pending.

Pending hearing on the said motion, proceedings on the

main case shall be suspended.

In all proceedings, law enforcement officers, prosecutors,

judges and other government officials concerned shall

exert all efforts at determining the age of the child in

conflict with the law.

TITLE II STRUCTURES IN THE ADMINISTRATION OF

JUVENILE JUSTICE AND WELFARE

SEC. 8. Juvenile Justice and Welfare Council (JJWC). -

A Juvenile Justice and Welfare Council (JJWC) is hereby

created

and

attached

to

the

Department

of Social

Welfare

and

Development

and

placed

under

its

administrative supervision. The JJWC shall be chaired by

an Undersecretary of the Department of Social Welfare

and

Development.

It

shall

ensure

the

effective

implementation of this Act and coordination among the

following agencies:

(a) Department of Justice (DOJ);

(b) Council for the Welfare of Children (CWC);

(c) Department of Education (DepED);

(d) Department of the Interior and Local Government

(DILG);

(e) Public Attorney’s Office (PAO);

(f) Bureau of Corrections (BUCOR);

(g) Parole and Probation Administration (PPA);

(h) National Bureau of Investigation (NBI);

(i) Philippine National Police (PNP);

(j) Bureau of Jail Management and Penology (BJMP);

(k) Commission on Human Rights (CHR);

(l) Technical Education and Skills Development Authority

(TESDA);

(m) National Youth Commission (NYC); and

(n) Other institutions focused on juvenile justice and

intervention programs.

The JJWC shall be composed of representatives, whose

ranks shall not be lower than director, to be designated

by the concerned heads of the following departments or

agencies

and

shall

receive

emoluments as may be

determined by the Council in accordance with existing

budget and accounting rules and regulations:

(1) Department of Justice (DOJ);

(2)

Department

of

Social

Welfare and Development

(DSWD);

(3) Council for the Welfare of Children (CWC);

(4) Department of Education (DepED);

(5) Department of the Interior and Local Government

(DILG);

(6) Commission on Human Rights (CHR);

(7) National Youth Commission (NYC);

(8) Two (2) representatives from NGOs, to be designated

by the Secretary of Social Welfare and Development, to

be selected based on the criteria established by the

Council;

(9) Department of Health (DOH); and

(10) One (1) representative each from the League of

Provinces, League of Cities, League of Municipalities and

League of Barangays.

There shall be a Regional Juvenile Justice and Welfare

Committee (RJJWC) in each region. The RJJWCs will be

under the administration and supervision of the JJWC.

The RJJWC shall be chaired by the director of the regional

office

of

the

DSWD.

It

shall

ensure

the

effective

implementation of this Act at the regional and LGU levels

and the coordination among its member agencies.

The

RJJWC

will

be

composed

of

permanent

representatives who shall have a rank not lower than an

assistant

regional

director

or

its

equivalent

to

be

designated by the concerned department heads from

the following agencies and shall receive emoluments as

may be determined by the Council in accordance with

existing budget and accounting rules and regulations:

(i) Department of Justice (DOJ);

(ii)

Department

of

Social

Welfare and Development

(DSWD);

(iii) Department of Education (DepED);

(iv) Department of the Interior and Local Government

(DILG);

(v) Commission on Human Rights (CHR);

(vi) Department of Health (DOH);

(vii) Two (2) representatives from NGOs operating within

the region selected by the RJJWC based on the criteria

established by the JJWC;

© Compiled By RGL

55 of 201