Article 58Act No. 3815, Sec./Art. 58

Additional penalty to be imposed upon certain accessories.-Those accessories falling within the terms of paragraph 3 of article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty or absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(b) A barangay official or a member of the Barangay

Council for the Protection of Children (BCPC);

(c) A local social welfare and development officer; or,

when and where appropriate, the DSWD.

If the child has been found by the local social welfare and

development

officer

to

be

dependent,

abandoned,

neglected or abused by his/her parents and the best

interest of the child requires that he/she be placed in a

youth care facility or ‘Bahay Pag-asa’, the child’s parents

or guardians shall execute a written authorization for the

voluntary commitment of the child: Provided , That if the

child has no parents or guardians or if they refuse or fail to

execute

the

written

authorization

for

voluntary

commitment,

the

proper

petition

for

involuntary

commitment shall be immediately filed by the DSWD or

the

Local

Social

Welfare

and

Development

Office

(LSWDO) pursuant to Presidential Decree No. 603, as

amended, otherwise known as ‘The Child and Youth

Welfare

Code’

and

the

Supreme

Court

rule

on

commitment of children: Provided, further , That the

minimum age for children committed to a youth care

facility or ‘Bahay Pag-asa’ shall be twelve (12) years old. (as

amended by RA No 10630)

SEC. 20-A. Serious Crimes Committed by Children Who

Are Exempt From Criminal Responsibility . – A child who

is above twelve (12) years of age up to fifteen (15) years of

age and who commits parricide, murder, infanticide,

kidnapping and serious illegal detention where the victim

is

killed

or

raped,

robbery,

with

homicide

or

rape,

destructive arson, rape, or carnapping where the driver or

occupant is killed or raped or offenses under Republic Act

No. 9165 (Comprehensive Dangerous Drugs Act of 2002)

punishable

by

more

than

twelve

(12)

years

of

imprisonment, shall be deemed a neglected child under

Presidential Decree No. 603, as amended, and shall be

mandatorily placed in a special facility within the youth

care

faculty

or

‘Bahay

Pag-asa’ called the Intensive

Juvenile Intervention and Support Center (IJISC).

In accordance with existing laws, rules, procedures and

guidelines,

the

proper

petition

for

involuntary

commitment and placement under the IJISC shall be

filed by the local social welfare and development officer

of the LGU where the offense was committed, or by the

DSWD social worker in the local social welfare and

development officer’s absence, within twenty-four (24)

hours from the time of the receipt of a report on the

alleged commission of said child. The court, where the

petition for involuntary commitment has been filed shall

decide on the petition within seventy-two (72) hours from

the

time

the

said

petition

has

been

filed

by

the

DSWD/LSWDO. The court will determine the initial period

of placement of the child within the IJISC which shall not

be less than one (1) year. The multi-disciplinary team of

the IJISC will submit to the court a case study and

progress report, to include a psychiatric evaluation report

and recommend the reintegration of the child to his/her

family or the extension of the placement under the IJISC.

The multi-disciplinary team will also submit a report to

the court on the services extended to the parents and

family of the child and the compliance of the parents in

the intervention program. The court will decide whether

the child has successfully completed the center-based

intervention program and is already prepared to be

reintegrated with his/her family or if there is a need for

the continuation of the center-based rehabilitation of the

child.

The

court

will

determine

the

next

period of

assessment or hearing on the commitment of the child.

(as created by RA No 10630)

SEC. 20-B. Repetition of Offenses. – A child who is above

twelve (12) years of age up to fifteen (15) years of age and

who commits an offense for the second time or oftener:

Provided, That the child was previously subjected to a

community-based

intervention

program,

shall

be

deemed a neglected child under Presidential Decree No.

603,

as

amended,

and

shall

undergo

an

intensive

intervention

program

supervised

by

the local social

welfare and development officer: Provided, further, That,

if the best interest of the child requires that he/she be

placed in a youth care facility or ‘Bahay Pag-asa’, the

child’s

parents

or guardians shall execute a written

authorization for the voluntary commitment of the child:

Provided, finally, That if the child has no parents or

guardians or if they refuse or fail to execute the written

authorization

for

voluntary

commitment,

the proper

petition

for

involuntary

commitment

shall

be

immediately filed by the DSWD or the LSWDO pursuant

to Presidential Decree No. 603, as amended. (as created

by RA No 10630)

SEC. 20-C. Exploitation of Children for Commission of

Crimes. – Any person who, in the commission of a crime,

makes use, takes advantage of, or profits from the use of

children,

including

any

person

who

abuses

his/her

authority over the child or who, with abuse of confidence,

takes advantage of the vulnerabilities of the child and

shall induce, threaten or instigate the commission of the

crime, shall be imposed the penalty prescribed by law for

the crime committed in its maximum period. (as created

by RA No 10630)

SEC. 20-D. Joint Parental Responsibility. – Based on the

recommendation of the multi-disciplinary team of the

IJISC, the LSWDO or the DSWD, the court may require

the parents of a child in conflict with the law to undergo

counseling or any other intervention that, in the opinion

of the court, would advance the welfare and best interest

of the child.

As used in this Act, ‘parents’ shall mean any of the

following:

(a) Biological parents of the child; or

(b) Adoptive parents of the child; or

(c) Individuals who have custody of the child.

A court exercising jurisdiction over a child in conflict with

the law may require the attendance of one or both

parents of the child at the place where the proceedings

are to be conducted.

The parents shall be liable for damages unless they prove,

to the satisfaction of the court, that they were exercising

reasonable supervision over the child at the time the

child committed the offense and exerted reasonable

effort and utmost diligence to prevent or discourage the

child from committing another offense. (as created by

RA No 10630)

SEC.

20-E.

Assistance

to

Victims

of

Offenses

Committed by Children. – The victim of the offense

committed by a child and the victim’s family shall be

provided the appropriate assistance and psychological

intervention

by

the

LSWDO,

the

DSWD

and

other

concerned agencies. (as created by RA No 10630)

TITLE V JUVENILE JUSTICE AND WELFARE SYSTEM

CHAPTER I INITIAL CONTACT WITH THE CHILD

SEC. 21. Procedure for Taking the Child into Custody. -

From the moment a child is taken into custody, the law

enforcement officer shall:

(a) Explain to the child in simple language and in a dialect

that he/she can understand why he/she is being placed

under custody and the offense that he/she allegedly

committed;

(b) Inform the child of the reason for such custody and

advise the child of his/her constitutional rights in a

language or dialect understood by him/her;

(e) Properly identify himself/herself and present proper

identification to the child;

(d) Refrain from using vulgar or profane words and from

sexually harassing or abusing, or making sexual advances

on the child in conflict with the law;

(e)

Avoid

displaying

or

using

any

firearm,

weapon,

handcuffs or other instruments of force or restraint,

© Compiled By RGL

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