Article 60Act No. 3815, Sec./Art. 60

Exception to the rules established in articles 50 to 57.-The provisions contained in articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

or termination of the diversion proceedings, as the case

may be, forward the records of the case of the child to the

law enforcement officer, prosecutor or the appropriate

court, as the case may be. Upon the issuance of the

corresponding document, certifying to the fact that no

agreement has been reached by the parties, the case

shall be filed according to the regular process.

SEC. 28. Duty of the Law Enforcement Officer When

There is No Diversion. - If the offense does not fall under

Section 23(a) and (b), or if the child, his/her parents or

guardian does not consent to a diversion, the Women

and Children Protection Desk of the PNP, or other law

enforcement officer handling the case of the child under

custody, to the prosecutor or judge concerned for the

conduct of inquest and/or preliminary investigation to

determine whether or not the child should remain under

custody

and

correspondingly

charged

in

court. The

document transmitting said records shall display the

word "CHILD" in bold letters.

SEC. 29. Factors in Determining Diversion Program. - In

determining

whether

diversion

is

appropriate

and

desirable,

the

following

factors

shall

be

taken

into

consideration:

(a) The nature and circumstances of the offense charged;

(b) The frequency and the severity of the act;

(c) The circumstances of the child (e.g. age, maturity,

intelligence, etc.);

(d) The influence of the family and environment on the

growth of the child;

(e) The reparation of injury to the victim;

(f) The weight of the evidence against the child;

(g) The safety of the community; and

(h) The best interest of the child.

SEC. 30. Formulation of the Diversion Program. - In

formulating

a

diversion

program,

the

individual

characteristics and the peculiar circumstances of the

child in conflict with the law shall be used to formulate an

individualized treatment.

The following factors shall be considered in formulating a

diversion program for the child:

(a) The child's feelings of remorse for the offense he/she

committed;

(b) The parents' or legal guardians' ability to guide and

supervise the child;

(c) The victim's view about the propriety of the measures

to be imposed; and

(d) The availability of community-based programs for

rehabilitation and reintegration of the child.

SEC. 31. Kinds of Diversion Programs. - The diversion

program

shall

include

adequate

socio-cultural

and

psychological responses and services for the child. At the

different stages where diversion may be resorted to, the

following diversion programs may be agreed upon, such

as, but not limited to:

(a) At the level of the Punong Barangay:

(1) Restitution of property;

(2) Reparation of the damage caused;

(3) Indemnification for consequential damages;

(4) Written or oral apology;

(5) Care, guidance and supervision orders;

(6) Counseling for the child in conflict with the law and

the child's family;

(7)Attendance in trainings, seminars and lectures on:

(i) anger management skills;

(ii) problem solving and/or conflict resolution skills;

(iii) values formation; and

(iv) other skills which will aid the child in dealing with

situations which can lead to repetition of the offense;

(8) Participation in available community-based programs,

including community service; or

(9) Participation in education, vocation and life skills

programs.

(b) At the level of the law enforcement officer and the

prosecutor:

(1) Diversion programs specified under paragraphs (a)(1)

to (a)(9) herein; and

(2)

Confiscation

and

forfeiture

of

the

proceeds

or

instruments of the crime;

(c) At the level of the appropriate court:

(1) Diversion programs specified under paragraphs(a)and

(b) above;

(2) Written or oral reprimand or citation;

(3) Fine:

(4) Payment of the cost of the proceedings; or

(5) Institutional care and custody.

CHAPTER 3 PROSECUTION

SEC. 32. Duty of the Prosecutor's Office. - There shall be

a

specially

trained

prosecutor

to

conduct

inquest,

preliminary

investigation

and

prosecution

of

cases

involving a child in conflict with the law. If there is an

allegation of torture or ill-treatment of a child in conflict

with the law during arrest or detention, it shall be the

duty of the prosecutor to investigate the same.

SEC.

33.

Preliminary

Investigation

and

Filing

of

Information. - The prosecutor shall conduct a preliminary

investigation in the following instances: (a) when the

child in conflict with the law does not qualify for diversion;

(b) when the child, his/her parents or guardian does not

agree to diversion as specified in Sections 27 and 28; and

(c)

when

considering

the

assessment

and

recommendation of the social worker, the prosecutor

determines that diversion is not appropriate for the child

in conflict with the law.

Upon

serving

the

subpoena

and

the

affidavit

of

complaint,

the

prosecutor

shall

notify

the

Public

Attorney’s Office of such service, as well as the personal

information, and place of detention of the child in conflict

with the law.

Upon determination of probable cause by the prosecutor,

the information against the child shall be filed before the

Family Court within forty-five (45) days from the start of

the

preliminary

investigation.

The

information

must

allege

that

the

child

acted

with

discernment.

(as

amended by RA No 10630)

CHAPTER 4 COURT PROCEEDINGS

SEC. 34. Bail. - For purposes of recommending the

amount of bail, the privileged mitigating circumstance of

minority shall be considered.

SEC. 35. Release on Recognizance. - Where a child is

detained, the court shall order:

(a) the release of the minor on recognizance to his/her

parents and other suitable person;

(b) the release of the child in conflict with the law on bail;

or

(c)

the

transfer of the minor to a youth detention

home/youth rehabilitation center.

The court shall not order the detention of a child in a jail

pending trial or hearing of his/her case.

SEC. 36. Detention of the Child Pending Trial. - Children

detained

pending

trial

may

be released on bail or

recognizance as provided for under Sections 34 and 35

under this Act. In all other cases and whenever possible,

detention pending trial may be replaced by alternative

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