Article 57Act No. 3815, Sec./Art. 57

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

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

SEC. 11. Child Rights Center (CRC). - The existing Child

Rights Center of the Commission on Human Rights shall

ensure that the status, rights and interests of children are

upheld

in

accordance

with

the

Constitution

and

international instruments on human rights. The CHR shall

strengthen the monitoring of government compliance of

all treaty obligations, including the timely and regular

submission of reports before the treaty bodies, as well as

the

implementation

and

dissemination

of

recommendations

and

conclusions

by

government

agencies as well as NGOs and civil society.

TITLE III PREVENTION OF JUVENILE DELINQUENCY

CHAPTER 1 THE ROLE OF THE DIFFERENT SECTORS

SEC. 12. The Family. - The family shall be responsible for

the primary nurturing and rearing of children which is

critical in delinquency prevention. As far as practicable

and in accordance with the procedures of this Act, a child

in conflict with the law shall be maintained in his/her

family.

SEC.

13.

The

Educational

System.

-

Educational

institutions shall work together with families, community

organizations and agencies in the prevention of juvenile

delinquency and in the rehabilitation and reintegration of

child in conflict with the law. Schools shall provide

adequate,

necessary

and

individualized

educational

schemes for children manifesting difficult behavior and

children in conflict with the law. In cases where children

in conflict with the law are taken into custody or detained

in rehabilitation centers, they should be provided the

opportunity to continue learning under an alternative

learning system with basic literacy program or non-

formal education accreditation equivalency system.

SEC. 14. The Role of the Mass Media. - The mass media

shall play an active role in the promotion of child rights,

and

delinquency

prevention

by

relaying

consistent

messages

through

a

balanced

approach.

Media

practitioners shall, therefore, have the duty to maintain

the

highest

critical

and

professional

standards

in

reporting and covering cases of children in conflict with

the law. In all publicity concerning children, the best

interest

of

the

child

should

be the primordial and

paramount

concern.

Any

undue,

inappropriate

and

sensationalized publicity of any case involving a child in

conflict with the law is hereby declared a violation of the

child's rights.

SEC. 15. Establishment and Strengthening of Local

Councils for the Protection of Children. - Local Councils

for the Protection of Children (LCPC) shall be established

in all levels of local government, and where they have

already been established, they shall be strengthened

within

one (1) year from the effectivity of this Act.

Membership in the LCPC shall be chosen from among

the responsible members of the community, including a

representative

from

the

youth

sector,

as

well

as

representatives from government and private agencies

concerned with the welfare of children.

The local council shall serve as the primary agency to

coordinate with and assist the LGU concerned for the

adoption

of

a

comprehensive

plan

on

delinquency

prevention, and to oversee its proper implementation.

One percent (1%) of the internal revenue allotment of

barangays, municipalities and cities shall be allocated for

the strengthening and implementation of the programs

of the LCPC: Provided, That the disbursement of the fund

shall be made by the LGU concerned.

SEC. 16. Appointment of Local Social Welfare and

Development Officer. - All LGUs shall appoint a duly

licensed social worker as its local social welfare and

development officer tasked to assist children in conflict

with the law.

SEC.

17.

The

Sangguniang

Kabataan.

-

The

Sangguniang Kabataan (SK) shall coordinate with the

LCPC in the formulation and implementation of juvenile

intervention and diversion programs in the community.

CHAPTER 2 COMPREHENSIVE JUVENILE INTERVENTION

PROGRAM

SEC. 18. Development of a Comprehensive Juvenile

Intervention

Program.

-

A

Comprehensive

juvenile

intervention program covering at least a 3-year period

shall be instituted in LGUs from the barangay to the

provincial level.

The

LGUs

shall

set

aside

an

amount

necessary

to

implement

their

respective

juvenile

intervention

programs in their annual budget.

The LGUs, in coordination with the LCPC, shall call on all

sectors

concerned,

particularly

the

child-focused

institutions, NGOs, people's organizations, educational

institutions

and

government

agencies

involved

in

delinquency prevention to participate in the planning

process

and

implementation of juvenile intervention

programs.

Such

programs

shall

be

implemented

consistent with the national program formulated and

designed

by

the

JJWC.

The implementation of the

comprehensive juvenile intervention program shall be

reviewed

and

assessed

annually

by

the

LGUs

in

coordination with the LCPC. Results of the assessment

shall

be

submitted

by

the

provincial

and

city

governments to the JJWC not later than March 30 of

every year.

SEC.

19.

Community-based

Programs

on

Juvenile

Justice and Welfare. - Community-based programs on

juvenile justice and welfare shall be instituted by the

LGUs through the LCPC, school, youth organizations and

other

concerned

agencies.

The

LGUs

shall

provide

community-based services which respond to the special

needs, problems, interests and concerns of children and

which offer appropriate counseling and guidance to

them and their families. These programs shall consist of

three levels:

(a) Primary intervention includes general measures to

promote social justice and equal opportunity, which

tackle perceived root causes of offending;

(b) Secondary intervention includes measures to assist

children at risk; and

(c)

Tertiary

intervention

includes

measures

to

avoid

unnecessary contact with the formal justice system and

other measures to prevent re-offending.

TITLE IV TREATMENT OF CHILDREN BELOW THE

AGE OF CRIMINAL RESPONSIBILITY

SEC.

20.

Children

Below

the

Age

of

Criminal

Responsibility. - If it has been determined that the child

taken into custody is fifteen (15) years old or below, the

authority which will have an initial contact with the child,

in

consultation

with

the

local

social

welfare

and

development officer, has the duty to immediately release

the child to the custody of his/her parents or guardian, or

in the absence thereof, the child’s nearest relative. The

child

shall

be

subjected

to

a

community-based

intervention

program

supervised

by

the local social

welfare and development officer, unless the best interest

of the child requires the referral of the child to a youth

care facility or ‘Bahay Pag-asa’ managed by LGUs or

licensed

and/or

accredited

NGOs

monitored

by

the

DSWD.

The local social welfare and development officer shall

determine the appropriate programs for the child who

has been released, in consultation with the child and the

person having custody over the child. If the parents,

guardians or nearest relatives cannot be located, or if they

refuse to take custody, the child may be released to any of

the following:

(a)

A

duly

registered

nongovernmental

or

religious

organization;

© Compiled By RGL

57 of 201