Article 63Act No. 3815, Sec./Art. 63

Rules for the application of indivisible penalties.-In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.

In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof:

1. When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied.

2. When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied.

3. When the commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance, the lesser penalty shall be applied.

4. When both mitigating and aggravating circumstances attended the commission of the act, the courts shall reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

TITLE VII GENERAL PROVISIONS

CHAPTER 1 EXEMPTING PROVISIONS

SEC. 57. Status Offenses. - Any conduct not considered

an offense or not penalized if committed by an adult shall

not be considered an offense and shall not be punished if

committed by a child. (as amended by RA No 10630)

SEC. 57-A. Violations of Local Ordinances. – Ordinances

enacted by local governments concerning juvenile status

offenses such as, but not limited to, curfew violations,

truancy,

parental

disobedience,

anti-smoking

and

anti-drinking

laws,

as

well

as

light

offenses

and

misdemeanors against public order or safety such as, but

not

limited

to,

disorderly

conduct,

public

scandal,

harassment, drunkenness, public intoxication, criminal

nuisance,

vandalism, gambling, mendicancy, littering,

public

urination,

and

trespassing,

shall

be

for

the

protection of children. No penalty shall be imposed on

children for said violations, and they shall instead be

brought to their residence or to any barangay official at

the barangay hall to be released to the custody of their

parents.

Appropriate

intervention

programs

shall

be

provided for in such ordinances. The child shall also be

recorded as a ‘child at risk’ and not as a ‘child in conflict

with

the

law’.

The

ordinance

shall

also provide for

intervention programs, such as counseling, attendance in

group

activities

for

children,

and

for

the

parents,

attendance in parenting education seminars. (as created

by RA No 10630)

SEC. 58. Offenses Not Applicable to Children. - Persons

below eighteen (18) years of age shall be exempt from

prosecution for the crime of vagrancy and prostitution

under

Section

202

of

the

Revised

Penal

Code,

of

mendicancy under Presidential Decree No. 1563, and

sniffing of rugby under Presidential Decree No. 1619, such

prosecution being inconsistent with the United Nations

Convention on the Rights of the Child: Provided , That said

persons

shall

undergo

appropriate

counseling

and

treatment program.

SEC. 59. Exemption from the Application of Death

Penalty. - The provisions of the Revised Penal Code, as

amended, Republic Act No. 9165, otherwise known as the

Comprehensive Dangerous Drugs Act of 2002, and other

special laws notwithstanding, no death penalty shall be

imposed upon children in conflict with the law.

CHAPTER 2 PROHIBITED ACTS

SEC. 60. Prohibition Against Labeling and Shaming. -

In the conduct of the proceedings beginning from the

initial contact with the child, the competent authorities

must refrain from branding or labeling children as young

criminals, juvenile delinquents, prostitutes or attaching to

them

in

any

manner

any

other derogatory names.

Likewise, no discriminatory remarks and practices shall

be allowed particularly with respect to the child's class or

ethnic origin.

SEC. 61. Other Prohibited Acts. - The following and any

other similar acts shall be considered prejudicial and

detrimental

to

the

psychological,

emotional,

social,

spiritual, moral and physical health and well-being of the

child in conflict with the law and therefore, prohibited:

(a) Employment of threats of whatever kind and nature;

(b)

Employment

of

abusive,

coercive

and

punitive

measures such as cursing, beating, stripping, and solitary

confinement;

(c) Employment of degrading, inhuman end cruel forms

of

punishment

such as shaving the heads, pouring

irritating, corrosive or harmful substances over the body

of the child in conflict with the law, or forcing him/her to

walk

around

the

community

wearing

signs

which

embarrass, humiliate, and degrade his/her personality

and dignity; and

(d) Compelling the child to perform involuntary servitude

in any and all forms under any and all instances.

CHAPTER 3 PENAL PROVISION

SEC. 62. Violation of the Provisions of this Act or Rules

or Regulations in General. - Any person who violates any

provision

of

this

Act

or

any

rule

or

regulation

promulgated in accordance thereof shall, upon conviction

for each act or omission, be punished by a fine of not less

than Twenty thousand pesos (P20,000.00) but not more

than

Fifty

thousand

pesos

(P50,000.00)

or

suffer

imprisonment of not less than eight (8) years but not

more

than

ten

(10)

years,

or

both

such

fine

and

imprisonment at the discretion of the court, unless a

higher penalty is provided for in the Revised Penal Code

or special laws. If the offender is a public officer or

employee, he/she shall, in addition to such fine and/or

imprisonment, be held administratively liable and shall

suffer the penalty of perpetual absolute disqualification.

CHAPTER 4 APPROPRIATION PROVISION

SEC. 63. Appropriations. - The amount necessary to carry

out the provisions of this Act shall be charged against the

current year’s appropriations of the JJWC under the

budget of the Department of Justice. Thereafter, such

sums

as

may

be

necessary

for

the

continued

implementation of this Act shall be included in the

budget

of

the

DSWD

under

the

annual

General

Appropriations Act: Provided, That the amount of Four

hundred

million

pesos

(P400,000,000.00)

shall

be

appropriated for the construction of ‘Bahay Pag-asa’

rehabilitation centers in provinces or cities with high

incidence of children in conflict with the law to be

determined and identified by the DSWD and the JJWC

on a priority basis: Provided, further, That the said amount

shall be coursed through the Department of Public

Works

and

Highways

(DPWH)

for

its

proper

implementation.

The LGUs concerned shall make available, from its own

resources or assets, their counterpart share equivalent to

the national government contribution of Five million

pesos (P5,000,000.00) per rehabilitation center.

In addition, the Council may accept donations, grants and

contributions from various sources, in cash or in kind, for

purposes relevant to its functions, subject to the usual

government

accounting

and

auditing

rules

and

regulations. (as created by RA No 10630)

TITLE VIII TRANSITORY PROVISIONS

SEC. 64. Children in Conflict with the Law Fifteen (15)

Years Old and Below. - Upon effectivity of this Act, cases

of children fifteen (15) years old and below at the time of

the

commission

of

the

crime shall immediately be

dismissed

and

the

child

shall

be

referred

to

the

appropriate local social welfare and development officer.

Such officer, upon thorough assessment of the child, shall

determine whether to release the child to the custody of

his/her parents, or refer the child to prevention programs

as

provided

under

this

Act.

Those

with

suspended

sentences and undergoing rehabilitation at the youth

rehabilitation center shall likewise be released, unless it is

contrary to the best interest of the child.

SEC. 65. Children Detained Pending Dial. - If the child is

detained

pending

trial,

the

Family

Court

shall

also

determine

whether

or

not

continued

detention

is

necessary and, if not, determine appropriate alternatives

for detention.

If detention is necessary and he/she is detained with

adults, the court shall immediately order the transfer of

the child to a youth detention home.

SEC.

66.

Inventory

of

"Locked-up"

and

Detained

Children in Conflict with the Law. - The PNP, the BJMP

and the BUCOR are hereby directed to submit to the

JJWC, within ninety (90) days from the effectivity of this

© Compiled By RGL

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