Article 62Act No. 3815, Sec./Art. 62

Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency.-Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules:

1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty.

2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof.

3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant.

4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein.

5. Habitual delinquency shall have the following effects:

a. Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods;

b. Upon a fourth conviction the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and

c. Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years.

For the purposes of this article, a person shall be deemed to be habitual delinquent, if within a period of ten years from the date of his release or last conviction of the crimes of robo, hurto, estafa, or falsification, he is found guilty of any of said crimes a third time or oftener.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Pag-asa’ within their jurisdiction following the standards

that will be set by the DSWD and adopted by the JJWC.

"Every ‘Bahay Pag-asa’ will have a special facility called

the IJISC. This Center will be allocated for children in

conflict with the law in accordance with Sections 20, 20-A

and 20-B hereof. These children will be required to

undergo a more intensive multi-disciplinary intervention

program. The JJWC in partnership with, but not limited

to, the DSWD, the DOH, the DepED and the DILG, will

develop and set the standards for the implementation of

the multi-disciplinary intervention program of the IJISC.

Upon institutionalization of the IJISC program, the JJWC

will continue to monitor and provide technical assistance

to the multi-disciplinary teams operating the said centers.

(as amended by RA No 10630)

SEC. 50. Care and Maintenance of the Child in Conflict

with

the

Law.

-

The

expenses

for

the

care

and

maintenance of a child in conflict with the law under

institutional care shall be borne by his/her parents or

those persons liable to support him/her: Provided , That in

case his/her parents or those persons liable to support

him/her cannot pay all or part of said expenses, the

municipality where the offense was committed shall pay

one-third (1/3) of said expenses or part thereof; the

province to which the municipality belongs shall pay

one-third (1/3) and the remaining one-third (1/3) shall be

borne by the national government. Chartered cities shall

pay two-thirds (2/3) of said expenses; and in case a

chartered city cannot pay said expenses, part of the

internal revenue allotments applicable to the unpaid

portion shall be withheld and applied to the settlement of

said obligations: Provided , further , That in the event that

the child in conflict with the law is not a resident of the

municipality/city where the offense was committed, the

court,

upon

its

determination,

may

require

the

city/municipality where the child in conflict with the law

resides to shoulder the cost.

The LGUs expected expenditures on the local juvenile

intervention program for children at risk and children in

conflict with the law shall be included in the LGUs annual

budget.

Highly-urbanized

cities

and

provincial

governments should include a separate budget for the

construction and maintenance of the ‘Bahay Pag-asa’

including the operation of the IJISC within the ‘Bahay

Pag-asa’. (as amended by RA No 10630)

SEC.

51.

Confinement

of

Convicted

Children

in

Agricultural Camps and other Training Facilities. - A

child

in conflict with the law may, after conviction and upon

order of the court, be made to serve his/her sentence, in

lieu of confinement in a regular penal institution, in an

agricultural camp and other training facilities that may be

established, maintained, supervised and controlled by the

BUCOR, in coordination with the DSWD.

SEC. 52. Rehabilitation of Children in Conflict with the

Law. - Children in conflict with the law, whose sentences

are suspended may, upon order of the court, undergo any

or a combination of disposition measures best suited to

the rehabilitation and welfare of the child as provided in

the Supreme Court Rule on Juveniles in Conflict with the

Law.

If the community-based rehabilitation is availed of by a

child in conflict with the law, he/she shall be released to

parents, guardians, relatives or any other responsible

person in the community. Under the supervision and

guidance of the local social welfare and development

officer, and in coordination with his/her parents/guardian,

the child in conflict with the law shall participate in

community-based programs, which shall include, but not

limited to:

(1) Competency and life skills development;

(2) Socio-cultural and recreational activities;

(3) Community volunteer projects;

(4) Leadership training;

(5) Social services;

(6) Homelife services;

(7) Health services; .

(8) Spiritual enrichment; and

(9) Community and family welfare services.

In accordance therewith, the family of the child in conflict

with the law shall endeavor to actively participate in the

community-based rehabilitation.

Based on the progress of the youth in the community, a

final report will be forwarded by the local social welfare

and development officer to the court for final disposition

of the case.

If

the

community-based

programs

are

provided

as

diversion measures under Chapter II, Title V, the programs

enumerated above shall be made available to the child in

conflict with the law.

SEC.

53.

Youth

Rehabilitation Center. - The youth

rehabilitation center shall provide 24-hour group care,

treatment and rehabilitation services under the guidance

of a trained staff where residents are cared for under a

structured therapeutic environment with the end view of

reintegrating them in their families and communities as

socially functioning individuals. A quarterly report shall be

submitted by the center to the proper court on the

progress of the children in conflict with the law. Based on

the progress of the youth in the center, a final report will

be forwarded to the court for final disposition of the case.

The DSWD shall establish youth rehabilitation centers in

each region of the country.

SEC. 54. Objectives of Community Based Programs. -

The objectives of community-based programs are as

follows:

(a) Prevent disruption in the education or means of

livelihood of the child in conflict with the law in case

he/she

is

studying,

working

or

attending vocational

learning institutions;

(b) Prevent separation of the child in conflict with the law

from his/her parents/guardians to maintain the support

system fostered by their relationship and to create greater

awareness of their mutual and reciprocal responsibilities;

(c) Facilitate the rehabilitation and mainstreaming of the

child in conflict with the law and encourage community

support and involvement; and

(d) Minimize the stigma that attaches to the child in

conflict with the law by preventing jail detention.

SEC. 55. Criteria of Community-Based Programs. -

Every LGU shall establish community-based programs

that will focus on the rehabilitation and reintegration of

the child. All programs shall meet the criteria to be

established by the JJWC which shall take into account

the purpose of the program, the need for the consent of

the child and his/her parents or legal guardians, and the

participation of the child-centered agencies whether

public or private.

SEC. 56. After-Care Support Services for Children in

Conflict with the Law. - Children in conflict with the law

whose cases have been dismissed by the proper court

because of good behavior as per recommendation of the

DSWD social worker and/or any accredited NGO youth

rehabilitation center shall be provided after-care services

by the local social welfare and development officer for a

period of at least six (6) months. The service includes

counseling

and

other

community-based

services

designed

to

facilitate

social

reintegration,

prevent

re-offending and make the children productive members

of the community.

© Compiled By RGL

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