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CRIMINAL PROCEDUREMandatory ReadingsProf. E. (Leo) Battad

A.Y. 2009-2010

Table of Contents

SC ADMINISTRATIVE CIRCULAR No. 09-94 ...........................................................................................................................2

REPUBLIC ACT No. 8493 .......................................................................................................................................................3Speedy Trial Act of 1998

SC CIRCULAR No. 38-98.........................................................................................................................................................6

PRESIDENTIAL DECREE No. 1606 (as amended) ...................................................................................................................9Sandiganbayan LawRULES OF THE SANDIGANBAYAN........................................................................................................................................11

REPUBLIC ACT No. 8249 .....................................................................................................................................................15Amendments to SB Law

REPUBLIC ACT No. 6770 .....................................................................................................................................................17Ombudsman Law

REPUBLIC ACT No. 7438 .....................................................................................................................................................21Rights of Persons Arrested, Detained or Under Custodial Investigation

REPUBLIC ACT No. 9344 .....................................................................................................................................................24Juvenile Justice Welfare Act (JJWA)

SC AM NO. 02-1-18-SC........................................................................................................................................................37Rules on Juvenile in Conflict with the Law (RJCL)

SC AM NO. 02-1-19-SC........................................................................................................................................................45Rules on Commitment of Children

SC AM No. 02-2-07-SC.........................................................................................................................................................51Amendments to Rule 110, Sec 5

SC AM No. 03-1-09-SC.........................................................................................................................................................52Rules on Guidelines to be Observed by Trial Judges and Clerks of Court

DOJ Circular No. 70 .............................................................................................................................................................56NPS Rule on Appeals

Compiled by:Karichi E. Santos

UP Law B2012

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SC ADMINISTRATIVE CIRCULAR No. 09-94

TO: THE COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURT, ALL MEMBERS OF THE GOVERNMENT PROSECUTION SERVICE AND ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES

SUBJECT: GUIDELINES IN THE IMPLEMENTATION OF REPUBLIC ACT NO. 7691. ENTITLED "AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS THE 'JUDICIARY REORGANIZATION ACT OF 1980."

For the guidance of the bench and the Bar, the following guidelines are to be followed in the implementation of Republic Act No. 7691, entitled "An Act Expanding the Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts, Amending for the Purpose Batas Pambansa Blg. 129, Otherwise Known as the 'Judiciary Reorganization Act of 1980":

1. The new jurisdiction of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in civil and original cases, and in cadastral and land registration cases, under Section 19, 32, 33 and 34 of B.P. Blg. 129, as amended by R.A. No. 7691. Was effective on April 15, 1994, fifteen (15) days after the publication in the Malaya and in the Times Journal on March 30, 1994, pursuant to Section 8 of the R.A. No. 7691.

2. The exclusion of the term "damages of whatever kind" in determining the jurisdictional amount under Section 19 (8) and Section 33 (1) of B.P. Blg. 129, as amended by R.A. No. 7691, applies to cases where the damages are merely incidental to or a consequence of the main cause of action. However, in cases where the claim for damages is the main cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the court.

3. The criminal jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Trial Courts under Section 32 (2) of B.P. Blg. 129, as amended by R.A. No. 7691, has been increased to cover offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of the fine. As a consequence, the Regional Trial Courts have no more original jurisdiction over offenses committed by public officers and employees in relation to their office, where the offense is punishable by more than four (4) years and two (2) months up to six (6) years.

4. The provisions of Section 32 (2) of B.P. 129 as amended by R.A. No. 7691, apply only to offenses punishable by imprisonment or fine, or both, in which cases the amount of the fine is disregarded in determining the jurisdiction of the court. However, in cases where the only penalty provided by law is a fine, the amount thereof shall determine the jurisdiction of the court in accordance with the original provisions of Section 32 (2) of B.P. Blg. 129 which fixed original exclusive jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts over offenses punishable with a fine of not more than four thousand pesos. If the amount of the fine exceeds four thousand pesos, the Regional Trial Court shall have jurisdiction, including offenses committed by public officers and employees in relation to their office, where the amount of the fine does not exceed six thousand pesos.

However, this rule does not apply to offenses involving damage to property through criminal negligence which are under the exclusive original jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts, irrespective of the amount of the imposable fine.

Manila, June 14, 1994.

(Sgd.) ANDRES R. NARVASAChief Justice

MALACAÑANGM a n i l a

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REPUBLIC ACT No. 8493The Speedy Trial Act of 1998

February 12, 1998

AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE THE SANDIGANBAYAN, REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURT, AND MUNICIPAL CIRCUIT TRIAL

COURT, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Title. - This Act shall be known as the "Speedy Trial Act of 1998."

Section 2. Mandatory Pre-Trial in Criminal Cases. - In all cases cognizable by the Municipal Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court, and the Sandiganbayan, the justice or judge shall, after arraignment, order a pre-trial conference to consider the following:

(a) Plea bargaining;(b) Stipulation of Facts;(c) Marking for identification of evidence of parties;(d) Waiver of objections to admissibility of evidence; and(e) Such other matters as will promote a fair and expeditious trial.

Section 3. Pre-Trial Agreement. - All agreements or admissions made or entered into during the pre-trial conference shall be reduced to writing and signed by the accused and counsel, otherwise the same shall not be used in evidence against the accused. The agreements in relation to matters referred to in Section 2 hereof is subject to the approval of the court: Provided, That the agreement on the plea of the accused to a lesser offense may only be revised, modified, or annulled by the court when the same is contrary to law, public morals, or public policy.

Section 4. Nonappearance at Pre-Trial Conference. - Where counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his/her lack of cooperation, the pre-trial justice or judge may impose proper sanctions or penalties.

Section 5. Pre-Trial Order. - After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters not disposed of and control the course of action during the trial, unless modified by the court to prevent manifest injustice.

Section 6. Time Limit for Trial. - In criminal cases involving persons charged of a crime, except those subject to the Rules on Summary Procedure, or where the penalty prescribed by law does not exceed six (6) months imprisonment, or a fine of One thousand pesos (P1,000.00) or both, irrespective of other imposable penalties, the justice or judge shall, after consultation with the public prosecutor and the counsel for the accused, set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Chief Justice of the Supreme Court pursuant to Section 3, Rule 22 of the Rules of Court.

Section 7. Time Limit Between Filing of Information and Arraignment and Between Arraignment and Trial. - The arraignment of an accused shall be held within thirty (30) days from the filing of the information, or from the date the accused has appeared before the justice, judge or court in which the charge is pending, whichever date last occurs. Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. Trial shall commence within thirty (30) days from arraignment as fixed by the court.If the accused pleads not guilty to the crime charged, he/she shall state whether he/she interposes a negative or affirmative defense. A negative defense shall require the prosecution to prove the guilt of the accused beyond reasonable doubt, while an affirmative defense may modify the order of trial and require the accused to prove such defense by clear and convincing evidence.

Section 8. Time Limit Following an Order for New Trial. - If the accused is to be tried again following an order of a court for a new trial, the trial shall commence within thirty (30) days from the date the order for a new trial becomes final, except that the court retrying the case may extend such period but in any case shall not exceed one hundred eighty (180) days from the date the order for a new trial becomes final if unavailability of witnesses or other factors resulting from passage of time shall make trial within thirty (30) days impractical.

Section 9. Extended Time Limit. - Notwithstanding the provisions of Section 7 of this Act, for the first twelve-calendar-month period following its effectivity, the time limit with respect to the period from arraignment to trial imposed by Section 7 of this Act shall be one hundred eighty (180) days. For the second twelve-month period the time

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limit shall be one hundred twenty (120) days, and for the third twelve-month period the time limit with respect to the period from arraignment to trial shall be eighty (80) days.

Section 10. Exclusions. - The following periods of delay shall be excluded in computing the time within which trial must commence:

(a) Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following:

(1) delay resulting from an examination of the accused, and hearing on his/her mental competency, or physical incapacity;(2) delay resulting from trials with respect to charges against the accused;(3) delay resulting from interlocutory appeals;(4) delay resulting from hearings on pre-trial motions: Provided, That the delay does not exceed thirty (30) days,(5) delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts;(6) delay resulting from a finding of the existence of a valid prejudicial question; and(7) delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement.

(b) Any period of delay resulting from the absence or unavailability of the accused or an essential witness.For purposes of this subparagraph, an accused or an essential witness shall be considered absent when his/her whereabouts are unknown and, in addition, he/she is attempting to avoid apprehension or prosecution or his/her whereabouts cannot be determined by due diligence. An accused or an essential witness shall be considered unavailable whenever his/her whereabouts are known but his/her presence for trial cannot be obtained by due diligence or he/she resists appearing at or being returned for trial.(c) Any period of delay resulting from the fact that the accused is mentally incompetent or physically unable to stand trial.(d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, or any offense required to be joined with that offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge.(e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or as to whom the time for trial has not run and no motion for severance has been granted.(f) Any period of delay resulting from a continuance granted by any justice or judge motu proprio or on motion of the accused or his/her counsel or at the request of the public prosecutor, if the justice or judge granted such continuance on the basis of his/her findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. No such period of delay resulting from a continuance granted by the court in accordance with this subparagraph shall be excludable under this section unless the court sets forth, in the record of the case, either orally or in writing, its reasons for finding that the ends of justice served by the granting of such continuance outweigh the best interests of the public and the accused in a speedy trial.

Section 11. Factors for Granting Continuance. - The factors, among others, which a justice or judge shall consider in determining whether to grant a continuance under subparagraph (f) of Section 10 of this Act are as follows:

(a) Whether the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible, or result in a miscarriage of justice.(b) Whether the case taken as a whole is so novel, so unusual and so complex, due to the number of accused or the nature of the prosecution or otherwise, that it is unreasonable to expect adequate preparation within the periods of time established by this Act.

No continuance under subparagraph (f) of Section 10 shall be granted because of general congestion of the court's calendar, or lack of diligent preparation or failure to obtain available witnesses on the part of the public prosecutor.

Section 12. Public Attorney's Duties Where Accused is Imprisoned. - If the public attorney knows that a person charged of a crime is preventively detained, either because he/she is charged of a bailable crime and has no means to post bail, or is charged of a non-bailable crime, or is serving a term of imprisonment in any penal institution, the public attorney shall promptly:

(a) Undertake to obtain the presence of the prisoner for trial, or cause a notice to be served on the person having custody of the prisoner mandating such person to so advise the prisoner of his/her right to demand trial.(b) Upon receipt of a notice, the person having custody of the prisoner shall promptly advise the prisoner of the charge and of his/her right to demand trial. If at any time thereafter the prisoner informs the person having custody that he/she demands trial, such person shall cause notice to that effect to be sent promptly to the public attorney.(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial.

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(d) When the person having custody of the prisoner receives from the public attorney a properly supported request for temporary custody of the prisoner for trial, the prisoner shall be made available to that public attorney.

Section 13. Remedy Where Accused is Not Brought to Trial Within the Time Limit. - If an accused is not brought to trial within the time limit required by Section 7 of this Act as extended by Section 9, the information shall be dismissed on motion of the accused. The accused shall have the burden of proof of supporting such motion but the prosecution shall have the burden of going forward with the evidence in connection with the exclusion of time under Section 10 of this Act.In determining whether to dismiss the case with or without prejudice, the court shall consider, among other factors, the seriousness of the offense, the facts and circumstances of the case which led to the dismissal, and the impact of a reprosecution on the implementation of this Act and on the administration of justice. Failure of the accused to move for dismissal prior to trial or entry of a plea of guilty shall constitute a waiver of the right to dismissal under this section.

Section 14. Sanctions. - In any case in which counsel for the accused, the public prosecution or public attorney:(a) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for trial;(b) files a motion solely for the purpose of delay which he/she knows is totally frivolous and without merit;(c) makes a statement for the purpose of obtaining continuance which he/she knows to be false and which is material to the granting of a continuance; or(d) otherwise willfully fails to proceed to trial without justification consistent with the provisions of this Act, the court may, without prejudice to any appropriate criminal and/or administrative charges to be instituted by the proper party against the erring counsel if and when warranted, punish any such counsel or attorney, as follows:

(1) in the case of a counsel privately retained in connection with the defense of an accused, by imposing a fine not exceeding; fifty percent (50%) of the compensation to which he/she is entitled in connection with his/her defense of the accused;(2) by imposing on any appointed counsel de officio or public prosecutor a fine not exceeding Ten thousand pesos (10,000.00); and(3) by denying any defense counsel or public prosecutor the right to practice before the court considering the case for a period not exceeding thirty (30) days.

The authority to punish provided for by this section shall be in addition to any other authority or power available to the court. The court shall follow the procedures established in the Rules of Court in punishing any counsel or public prosecutor pursuant to this section.

Section 15. Rules and Regulations. - The Supreme Court shall promulgate rules, regulations, administrative orders and circulars which shall seek to accelerate the disposition of criminal cases. The rules, regulations, administrative orders and circulars formulated shall provide sanctions against justices and judges who willfully fail to proceed to trial without justification consistent with the provisions of this Act.

Section 16. Funding. - For the effective implementation of the rules, regulations, administrative orders and circulars promulgated under this Act, the amount of Twenty million pesos (P20,000,000.00) annually shall be appropriated from the allocation of the Supreme Court under the General Appropriations Act. Thereafter, such additional amounts as may be necessary for its continued implementation shall be included in the annual General Appropriations Act.

Section 17. Act Not a Bar to Speedy Trial Claim Under the Constitution. - No provision of this Act shall be interpreted as a bar to any claim of denial of speedy trial as required by Article III, Section 14(2) of the 1987 Constitution.

Section 18. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 19. Separability Clause. - In case any provision of this Act is declared unconstitutional, the other provisions shall remain in effect.

Section 20. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in any newspaper of general circulation: Provided, That Section 7 of this Act shall become effective after the expiration of the aforementioned third-calendar-month period provided in Section 9 of this Act.

Approved: February 12, 1998

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SC CIRCULAR No. 38-98Implementing rules to RA 8493

August 11, 1998

IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 8493, ENTITLED "AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE THE SANDIGANBAYAN, REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURT IN CITIES, MUNICIPAL TRIAL COURT AND MUNICIPAL CIRCUIT TRIAL COURT, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES."

SECTION 1. PURPOSE OF CIRCULAR. — This Circular is promulgated for the purpose of implementing the provisions of Republic Act No. 8493, otherwise known as the "Speedy Trial Act of 1998," as directed in Section 15 hereof.

Sec. 2. TIME LIMIT FOR ARRAIGNMENT AND PRE-TRIAL. — The arraignment and the pre-trial, if the accused pleads not guilty to the crime charged, shall be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. The period of the pendency of a motion to quash, or for a bill of particulars, or other causes justifying suspension of arraignment shall be excluded.

Sec. 3. MANDATORY PRE-TRIAL IN CRIMINAL CASES. — In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall, after arraignment, order a pre-trial conference to consider the following:

(a) Plea bargaining;(b) Stipulation of facts;(c) Marking for identification of evidence of the parties;(d) Waiver of objections to admissibility of evidence; and(e) Such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.

If the accused has pleaded not guilty to the crime charged, he may state whether he interposes a negative or affirmative defense. A negative defense shall require the prosecution to proved the guilt of the accused beyond reasonable doubt, while an affirmative defense may modify the order of trial and require the accused to prove such defense by clear and convincing evidence.

Sec. 4. PRE-TRIAL AGREEMENT. — All agreements or admissions made or entered into during the pre-trial conference shall be reduced to writing and signed by the accused and counsel, otherwise the same shall not be used against the accused. The agreements in relation to matters referred to in Section 3 hereof are subject to the approval of the court; Provided, That the agreement on the pleas of the accused should be to a lesser offense necessarily included in the offense charged.

Sec. 5. NON-APPEARANCE AT PRE-TRIAL CONFERENCE. — Where counsel for the accused or the prosecutor does not appear at the pretrial conference and does not offer an acceptable excuse for his lack of cooperation, the court may impose proper sanctions or penalties.

Sec. 6. PRE-TRIAL ORDER. — After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts stipulated, and the evidence marked. Such order shall bind the parties, limit the trial to matters not disposed of and control the course of action during the trial, unless modified by the court to prevent manifest injustice.Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial which shall commence within thirty (30) days from receipt of the pre-trial order.

Sec. 7. EXTENDED TIME LIMIT. — Notwithstanding the provisions of the preceding sections 2 and 6 for the first twelve-calendar-month period following its effectivity, the time limit with respect to the period from arraignment to trial imposed by said provision shall be one hundred eighty (180) days. For the second twelve-month period, the time limit shall be one hundred twenty (120) days, and for the third twelve-month period the time limit shall be eighty (80) days.

Sec. 8. TIME LIMIT FOR TRIAL. — In criminal cases involving persons charged with a crime, except those subject to the Rule of Summary Procedure, or where the penalty prescribed by law does not exceed six (6) months imprisonment, or a fine of one thousand pesos (P1,000.00) or both, irrespective of other imposable penalties, the court shall, after consultation with the public prosecutor and the counsel for the accused, set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Court Administrator pursuant to Section 2, Rule 30 of the Rules of Court.

Sec. 9. EXCLUSIONS. — The following periods of delay shall be excluded in computing the time within which trial must commence:

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(a) Any period resulting from other proceedings concerning the accused, including but not limited to the following:

(1) delay resulting from an examination of the physical and mental condition of the accused;(2) delay resulting from proceedings with respect to other criminal charges against the accused;(3) delay resulting from extraordinary remedies against interlocutory orders;(4) delay resulting from pre-trial proceedings; Provided, that the delay does not exceed thirty (30) days;(5) delay resulting from orders of inhibition or proceedings relating to change of venue of cases or transfer from other courts;(6) delay resulting from a finding of the existence of a valid prejudicial question; and(7) delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement.

(b) Any period of delay resulting from the absence or unavailability of an essential witness.For purposes of this subparagraph, an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. An essential witness shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence.

(c) Any period of delay resulting from the fact that the accused is mentally incompetent or physically unable to stand trial.(d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge.(e) A reasonable period of delay when the accused is mentally incompetent or physically unable to stand trial.(f) Any period of delay resulting from a continuance granted by any court motu proprio or on motion of either the accused for the same offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge.

Sec. 10. FACTORS FOR GRANTING CONTINUANCE. — The following factors, among others, shall be considered by a court in determining whether to grant a continuance under subparagraph (f) of Section 9 hereof:

(a) Whether or not the failure to grant a continuance in the proceeding would be like to make a continuation of such proceeding impossible, or result in a miscarriage of justice; and(b) Whether or not the case taken as a whole is so novel, unusual and complex, due to the number of accused or the nature of the prosecution or otherwise, that it is unreasonable to expect adequate preparation within the periods of time established herein.No continuance under subparagraph (f) Section 9 hereof shall be granted because of congestion of the court’s calendar, or lack of diligent preparation or failure to obtain available witnesses on the part of the public prosecutor.

Sec. 11. TIME LIMIT FOLLOWING AN ORDER FOR NEW TRIAL. — If the accused is to be tried again pursuant to an order of a court for a new trial, the trial shall commence within thirty (30) days from notice of that order, except that the court retrying the case may extend such period but not to exceed one hundred eighty (180) days from notice of said order for a new trial if unavailability of witnesses or other factors make trial within thirty (30) days impractical.

Sec. 12. PUBLIC ATTORNEY’S DUTIES WHERE ACCUSED IS IMPRISONED. — If the public attorney assigned to defend a person charged with a crime knows that the latter is preventively detained, either because he is charged with a bailable crime and has no means to post bail, or is charged with a non-bailable crime, or is serving a term of imprisonment in any penal institution:

(a) The public attorney shall promptly undertake to obtain the presence of the prisoner for trial, or cause a notice to be served on the person having custody of the prisoner requiring such person to so advise the prisoner of his right to demand trial.(b) Upon receipt of that notice, the person having custody of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial, If at any time thereafter the prisoner informs his custodian that he demands such trial, the latter shall cause notice to that effect to be sent promptly to the public attorney.(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial.(d) When the person having custody of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purposes of the trial, the prisoner shall be made available accordingly.

Sec. 13. SANCTIONS. — In any case in which private counsel for the accused, the public attorney or the public prosecutor:

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(a) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for trial;(b) files a motion solely for the purpose of delay which he knows is totally frivolous and without merit;(c) makes a statement for the purpose of obtaining continuance which he know to be false and which is material to the granting of a continuance; or(d) otherwise willfully fails to proceed to trial without justification consistent with the provisions hereof, the court may punish any such counsel, attorney or prosecutor, as follows:

(1) in the case of a counsel privately retained in connection with the defense of an accused, by imposing a fine of not exceeding twenty thousand pesos (P20,000.00);(2) by imposing on any appointed counsel de oficio, public attorney or public prosecutor a fine not exceeding five thousand pesos (P5,000.00); and(3) by denying any defense counsel or public prosecutor the right to practice before the court considering the case for a period not exceeding thirty (30) days.

The authority to punish provided for by this section shall be without prejudice to any appropriate criminal action or any other sanction authorized under the Rules of Court.

Sec. 14. REMEDY WHERE ACCUSED IS NOT BROUGHT TO TRIAL WITHIN THE TIME LIMIT. — If the accused is not brought to trial within the time limit required by Sections 2 and 6 hereof, as extended by Section 7, the information may be dismissed on motion of the accused on the ground of denial of his right to speedy trial. The accused shall have the burden of proving such motion by the prosecution shall have the burden of going forward with the evidence in connection with the exclusion of time under Section 9 hereof. The dismissal shall be subject to the rules on double jeopardy.Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under this section.

Sec. 15. REPUBLIC ACT NO 8493 NOT A BAR TO PROVISION ON SPEEDY TRIAL IN THE CONSTITUTION. — No provision of Republic Act No. 8493 shall be interpreted as a bar to any charge of denial of speedy trial as provided by Article III, Section 14(2), of the 1987 Constitution.

Sec. 16. EFFECTIVITY. — This Circular shall be published in two (2) newspapers of general circulation and shall take effect on September 15, 1998.

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PRESIDENTIAL DECREE No. 1606 (as amended)Sandiganbayan LawDecember 10, 1978

REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL COURT TO BE KNOWN AS "SANDIGANBAYAN" AND FOR OTHER PURPOSES

WHEREAS, the new Constitution declares that a public office is a public trust and ordains that public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall remain at all times accountable to the people; WHEREAS, to attain the highest norms of official conduct required of public officers and employees, Section 5, Article XIII of the New Constitution provides for the creation of a special court to be known as Sandiganbayan;NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree as follows:

Section 1. Sandiganbayan; composition; qualifications; tenure; removal and composition. A special court, of the same level as the Court of Appeals and possessing all the inherent powers of a court of justice, to be known as the Sandiganbayan is hereby created composed of a Presiding Justice and eight Associate Justices who shall be appointed by the President.No person shall be appointed Presiding Justice or Associate Justice of the Sandiganbayan; unless he is a natural-born citizen of the Philippines, at least 40 years of age and for at least ten years has been a judge of a court of record or been engaged in the practice of law in the Philippines or has held office requiring admission to the bar as a pre-requisite for a like period.The Presiding Justice shall be so designated in his commission and the other Justices shall have precedence according to the dates of their respective commissions, or, when the commissions of two or more of them shall bear the same date, according to the order in which their commissions have been issued by the President. The Presiding Justice and the Associate Justices shall not be removed from office except on impeachment upon the grounds and in the manner provided for in Sections 2, 3 and 4 of Article XIII of the 1973 Constitution.The Presiding Justice shall receive an annual compensation of P60,000.00 and each Associate Justice P55,000.00 which shall not be diminished during their continuance in office. They shall have the same rank, privileges and other emoluments, be subject to the same inhibitions and disqualifications, and enjoy the same retirement and other benefits as those provided for under existing laws of the Presiding Justice and Associate Justices of the Court of Appeals.Whenever the salaries of the Presiding Justice and the Associate Justices of the Court of Appeals are increased, such increases in salaries shall be correspondingly extended to and enjoyed by the Presiding Justice and the Associate Justices of the Sandiganbayan.They shall hold office until they reach the age of 65 years or become incapacitated to discharge the duties of their office.

Section 2. Official Station; Place of Holding Sessions. The Sandiganbayan shall have its principal office in the Metro Manila area and shall hold sessions thereat for the trial and determination of all cases filed with it irrespective of the place where they may have arisen; Provided, however, that the Presiding Justice may authorize any division or divisions of court to hold sessions at any time and place outside Metro Manila to hear and decide cases emanating from any of the existing judicial districts. Whenever necessary, the Sandiganbayan may require the services of the personnel and the use of the facilities of any agency of the Government, national or local, including the courts of first instance of the province where any of the divisions is holding session, and those personnel of such agencies or courts shall be subject to the orders of the Sandiganbayan.

Section 3. Divisions of the Courts; Quorum. The Sandiganbayan shall sit in three divisions of three Justices each. The three divisions may sit at the same time.Three Justices shall constitute a quorum for session in division; Provided, that when the required quorum cannot be had due to the legal disqualification or temporary disability of a Justice or of a vacancy occurring therein, the President shall, upon recommendation of the Presiding Justice, designate any Justice of the Court of Appeals or Judge of the Court of First Instance or of the Circuit Criminal Court of the judicial district concerned to sit temporarily therein.

Section 4. Jurisdiction. The Sandiganbayan shall have jurisdiction over:(a) Violations of Republic Act No. 3019, as amended, otherwise, known as the Anti-Graft and Corrupt Practices Act, and Republic Act No. 1379;(b) Crimes committed by public officers and employees including those employed in government-owned or controlled corporations, embraced in Title VII of the Revised Penal Code, whether simple or complexed with other crimes; and(c) Other crimes or offenses committed by public officers or employees, including those employed in government-owned or controlled corporations, in relation to their office.

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The jurisdiction herein conferred shall be original and exclusive if the offense charged is punishable by a penalty higher than prision correccional, or its equivalent, except as herein provided; in other offenses, it shall be concurrent with the regular courts. In case private individuals are charged as co-principals, accomplices or accessories with the public officers or employees including those employed in government-owned or controlled corporations, they shall be tried jointly with said public officers and employees.Where an accused is tried for any of the above offenses and the evidence is insufficient to establish the offense charged, he may nevertheless be convicted and sentenced for the offense proved, included in that which is charged.Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability arising from the offense charged shall at all times be simultaneously instituted with, and jointly determined in the same proceeding by, the Sandiganbayan, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such action shall be recognized; Provided, however, that, in cases within the exclusive jurisdiction of the Sandiganbayan, where the civil action had therefore been filed separately with a regular court but judgment therein has not yet been rendered and the criminal case is hereafter filed with the Sandiganbayan, said civil action shall be transferred to the Sandiganbayan for consolidation and joint determination with the criminal action, otherwise, the criminal action may no longer be filed with the Sandiganbayan, its exclusive jurisdiction over the same notwithstanding, but may be filed and prosecuted only in the regular courts of competent jurisdiction; Provided, further, that, in cases within the concurrent jurisdiction of the Sandiganbayan and the regular courts, where either the criminal or civil action is first filed with the regular courts, the corresponding civil or criminal action, as the case may be, shall only be filed with the regular courts of competent jurisdiction.Excepted from the foregoing provisions, during martial law, are criminal cases against officers and members of the armed forces in the active service.

Section 5. Proceedings, how conducted; votes required. The unanimous vote of the three justices in a division shall be necessary for the pronouncement of a judgment. In the event that the three justices do not reach a unanimous vote, the Presiding Judge shall designate two other justices from among the members of the Court to sit temporarily with them, forming a division of five justices, and the concurrence of a majority of such division shall be necessary for rendering judgment.

Section 6. Maximum period for termination of cases. As far as practicable, the trial of cases before the Sandiganbayan once commenced shall be continuous until terminated and the judgment shall be rendered within three (3) months from the date the case was submitted for decision.

Section 7. Form, finality and enforcement of decisions. Decisions and final orders of the Sandiganbayan shall contain complete findings of facts on all issues properly raised before it.A petition for reconsideration of any final order or decision may be filed within (15) days from promulgation or notice of the final order or judgment, and such petition for reconsideration shall be decided within thirty (30) days from submission thereon.Decisions and final orders shall be subject to review on certiorari by the Supreme Court in accordance with Rule 45 of the Rules of Court. The Supreme Court shall decide any case on appeal promptly and without the necessity of placing it upon the regular calendar. Whenever, in any case decided, the death penalty shall have been imposed, the records shall be forwarded to the Supreme Court, whether the accused shall have appealed or not, for review and judgment, as law and justice shall dictate.Final judgments and orders of the Sandiganbayan shall be executed and enforced in the manner provided by law.

Section 8. Transfer of cases. As of the date of the effectivity of this decree, any case cognizable by the Sandiganbayan within its exclusive jurisdiction where none of the accused has been arraigned shall be transferred to the Sandiganbayan.

Section 9. Rule-making Power. The Sandiganbayan shall have the power to promulgate its own rules of procedure and, pending such promulgation, the Rules of Court shall govern its proceedings.

Section 10. Authority over internal affairs. The Sandiganbayan shall administer its own internal affairs and may adopt such rules governing the constitution of its divisions, the allocation of cases among them, the rotation of justices and other matters relating to its business.

Section 11. Proceeding free of charge. All proceedings in the Sandiganbayan shall be conducted at no cost to the complainant and/or his witnesses.No criminal information or complaint shall be entertained by the Sandiganbayan except upon a certification by the Investigating Prosecutor of the existence of a prima facie case to be determined after a preliminary investigation conducted in accordance with applicable laws and approved by the Chief Special Prosecutor.

Section 12. Administrative personnel. The Sandiganbayan shall reelect and appoint such personnel as it may deem necessary to discharge its functions under this Decree including a Clerk of Court and three (3) Deputy Clerks of Court who shall be members of the Bar.

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The Clerk of Court shall have an annual compensation of P36,000.00 and the Deputy Clerks of Court, P30,000.00. All other subordinate employees of the Sandiganbayan shall be governed by the provisions of the Civil Service Law; Provided, that the Sandiganbayan may, by resolution en banc, remove any of them for cause.

Section 13. Report to the President. The Sandiganbayan shall submit an annual report to the President, including all disbursements of funds entrusted to it, within two months from the end of the Fiscal Year.

Section 14. Funding. There is hereby immediately appropriated the sum of Five Million Pesos (P5,000.00) out of any funds in the National Treasury to carry out the provisions of this Decree and thereafter to be included in the general appropriations act. The appropriations for the Sandiganbayan shall be automatically released in accordance with a schedule submitted by the Sandiganbayan.

Section 15. Separability of Provisions. If for any reason, any section or provision of this Decree is declared to be unconstitutional or invalid, other sections or provisions thereof which are not affected thereby, shall continue in full force and effect.

Section 16. Repealing Clause. This Decree hereby repeals Presidential Decree No. 1486 and all other provisions of law, General Orders, Presidential Decrees, Letters of Instructions, rules or regulations inconsistent herewith.

Section 17. Effectivity. This Decree shall take effect immediately. Done in the City of Manila, this 10th day of December, in the year of Our Lord, nineteen hundred and seventy-eight.

RULES OF THE SANDIGANBAYAN

Pursuant to the provisions of Section 5 of Article XIII of the Constitution of the Philippines, as implemented by Presidential Decree No. 1606, the Sandiganbayan hereby adopts and promulgates the following rules to govern the conduct of its business.

RULE ITITLE AND CONSTRUCTION

Section 1. Title of the Rules. These Rules shall be known and cited as the Rules of the Sandiganbayan.

Section 2. Construction. These Rules shall be liberally construed in order to promote their objectives and to achieve a just, expeditious and inexpensive determination of every action and proceeding before the Sandiganbayan.

RULE IICONTROL OF FUNCTIONS AND SUCCESSION

Section 1. Exclusive Control. Except as otherwise provided by the Constitution and Presidential Decree No. 1606, the Sandiganbayan shall have exclusive control, direction and supervision of all matters pertaining to its internal affairs and the operation of its business.

Section 2. Succession in the Office of the Presiding Justice. In case of vacancy in the position of Presiding Justice of the Sandiganbayan or his temporary incapacity to exercise the powers and perform the duties of his office, the same shall devolve upon the qualified most senior Associate Justices until such incapacity is removed or another Presiding Justice is appointed and has duly qualified.

RULE IIICOMPOSITION OF DIVISIONS

Section 1. How Divisions Constituted. The Sandiganbayan shall consist of three divisions which shall be known as the First Division, Second Division, and Third Division, and shall each be composed of Presiding Justice and the first two Associate Justices in the order of precedence as the respective Chairmen; the next three Associate Justices in the order of precedence as the respective senior members; and the last three Associate Justices in the order of precedence as the respective junior members. However, until the entire complement of the Sandiganbayan shall have been appointed and qualified, the Presiding justice and the two Associate Justices first appointed and qualified shall constitute the First Division.

Section 2. Vacancy; How Filled. In case of any vacancy in the composition of a division, whether permanent or temporary, the Presiding Justice may designate an Associate Justice of the Court, to be determined by strict rotation on the basis of the reverse order of precedence, to sit as a special member of said division with all the rights and prerogatives of a regular member of said division in the trial and determination of cases assigned thereto, unless the

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operation of the other divisions of the Court will be prejudiced thereby, in which case, the procedure provided in Section 3, Rule VIII of these Rules shall apply.

RULE IVFILING OF CASES

Section 1. Proceedings Free of Charge. All proceedings in the Sandiganbayan be conducted at no cost to the complainant and/or his witnesses.

Section 2. Preliminary Investigation Necessary. No criminal information or complaint shall be entertained by the Sandiganbayan except upon a certification by the investigating Prosecutor of the existence of a prima facie case to be determined after a preliminary investigation conducted in accordance with applicable laws and approved by the Chief Special Prosecutor.

Section 3. Where Cases Filed. All cases to be filed with the Sandiganbayan shall be filed with the Office of the Clerk of Court of the Sandiganbayan which shall be open for the purpose of receiving complaints, information, motions and the like from eight to twelve o'clock in the morning and twelve thirty to four-thirty o'clock in the afternoon, on Mondays to Fridays, except on public or special holidays.

RULE VDISTRIBUTION AND CONSOLIDATION OF CASES

Section 1. Distribution of Cases. All cases filed with the Sandiganbayan shall be allotted among the three divisions for hearing and decision by raffle to be conducted by a Raffle Committee composed of the Presiding Justice and the two most senior Associate Justices available, on such days as may hereafter be fixed by the Presiding Justice depending upon the need for such raffle to be made in view of the number of cases filed, with notice to the interested parties who may, if they so desire, be present therein by themselves or through counsel.

Section 2. Consolidation of Cases. Cases arising from the same incident on series of incidents, or involving common questions of fact and law, may, in the discretion of Sandiganbayan, be consolidated in only one division. Should the propriety of such consolidation appear upon the filing of the cases concerned and before they are raffled, all such cases shall be considered as one case for purposes of the raffle; but, should the propriety of such consolidation may be affected upon motion of an interested party filed with the division taking cognizance of the case to be consolidated and, if granted, consolidation shall be made in the division before which the case with the lowest number is pending. In either case, the division in which consolidation is effected shall be entitled to be credited in the distribution of cases with the same number of cases transferred to it to the end that all divisions shall, as much as possible, receive more or less the same number of cases filed with the Sandiganbayan.

Section 3. Assignment of Cases Permanent. Cases assigned to a division of the Sandiganbayan in accordance with these Rules shall remain with said division notwithstanding changes in the composition thereof and all matters raised therein shall be deemed to be submitted for consideration and adjudication by any and all of the Justices who are members of the division aforesaid at the time said matters are taken up, irrespective of whether they were or were not members of the division at the time the case was first assigned thereto: Provided, however, That only Justices who are members of the division at the time a case is submitted for decision shall take part in the consideration and adjudication of said case, unless any such member thereafter ceases to be a member of the Sandiganbayan for any reason whatsoever in which case any Justice chosen to fill the vacancy in accordance with the manner provided in Section 2, Rule III, of these Rules shall participate in the consideration and adjudication of said case; Provided, lastly, that the Sandiganbayan en banc may, for special or compelling reasons, transfer cases from one division thereof to another.

RULE VIPROCESSES

Processes and writs of the Sandiganbayan which by their nature or by provision of existing laws or the Rules of Court are to be issued under the signature of a Judge or a Justice shall be signed by the Chairman of the division concerned: Provided, That if there is an urgent necessity for the issuance thereof before the case is raffled to a division, the same shall be signed by the Presiding Justice. In the absence of the Presiding Justice or the Chairman aforesaid, the process or writ shall be signed by the senior Associate Justice in the Sandiganbayan or in the divisions concerned, respectively. All other processes or writs issued upon authority of the Sandiganbayan or a division thereof shall be signed by the Clerk of Court or, in his absence, by the Deputy Clerk of Court of the division concerned.

RULE VIIBAIL

Section 1. How Amount Fixed; Approval. The amount of bail to be posted in cases in the Sandiganbayan shall be fixed by the Chairman of the division thereof to which they are assigned; and such bail may be approved by any Justice of

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the Sandiganbayan, but preferably by a Justice of the division concerned: Provided, however, That where the accused is arrested, detained or otherwise placed in custody outside the Metropolitan Manila area, any judge of the Court of First Instance or Circuit Criminal Court may accept and approve the bail for his appearance before the division to which his case is assigned and release him, and shall inform the division issuing the order of arrest of his action, forwarding thereto the papers in this case.

Section 2. Condition of the Bail. The condition of the bail is that the accused shall appear and answer the complaint or information in the division of the Sandiganbayan to which it is assigned or transferred for trial and submit himself to the orders and processes thereof and, after conviction, if the case is appealed to the Supreme Court, that he will surrender himself for the execution of such judgment as the Supreme Court may render; or, that, in case the cause is to be tried anew or remanded for a new trial, he will appear in the division to which it may be remanded and submit himself to the orders and processes thereof.

RULE VIIISESSIONS AND TRIAL

Section 1. How Sessions Held. The Sandiganbayan shall for administrative purposes, sit en banc; and, for the trial and determination of cases, sit in three divisions of three Justices each. The three divisions may sit at the same time.

Section 2. Presiding Officer. Sessions of the Sandiganbayan en banc shall be presided by the Presiding Justice; whereas sessions in division shall be presided by the respective Chairman of each division. In the absence of the Presiding Justice or the Chairman of a division, as the case may be, the Associate Justice attending the session en banc or in division who is first in the order of precedence and able to preside, shall do so.

Section 3. Quorum. Five Justices shall constitute a quorum for sessions en banc, and three Justices for sessions in division: Provided, That when a quorum and/or the votes required for a resolution or decision of the Sandiganbayan, either en banc or in division, or the trial or hearing of cases cannot be had due to the legal disqualification or temporary disability of a Justice or of a vacancy occurring therein, the President shall, upon recommendation of the Presiding Justice, designate any Justice of the Court of Appeals, Judge of the Court of First Instance or of the Circuit Criminal Court to sit temporarily therein.

Section 4. Place of Holding Sessions. Sessions of the Sandiganbayan, whether en banc or in division, shall be held in the place of its principal office in the Metropolitan Manila area where it shall try and determine all cases filed with it irrespective of the place where they may have arisen: Provided, however, That the Presiding Justice may authorize any division or divisions of the Court to hold sessions at any time and place outside Metropolitan Manila to hear and decide cases emanating therefrom. For this purpose and whenever necessary, the Sandiganbayan may require the services of the personnel and the use of the facilities of any agency of the Government, national or local, including the Courts of First Instance or Circuit Criminal Court of the province or city where any of the divisions is holding session, and those personnel of such agencies or courts shall be subject to the orders of the Sandiganbayan.

Section 5. Time of Holding Sessions. Sessions of the Sandiganbayan en banc may be called at any time by the Presiding Justice or at the instance at least five Associate Justices. Sessions for the trial of cases cognizable by it shall be held on such days and at such times as the divisions thereof may, by order and upon notice to the parties concerned, fix.

Section 6. Pre-trial Inquest. After the arraignment of an accused who pleads not guilty, the division concerned shall, without prejudice to the invocation by the accused of his constitutional rights, direct the prosecutor and the accused and his counsel to appear before any of the Justices thereof for a conference to consider;

(a) Admissions of facts about which there can be no dispute;(b) Marking for identification of documentary or real evidence of the parties;(c) Waiver of objections to admissibility of evidence;(d) Procedure on objections where there are multiple counsel;(e) Order of presentation of evidence and arguments where there are multiple accused;(f) Order of cross-examination where there are multiple accused; and(g) Such other matter as will promote a fair and expeditious termination of the trial.

After the pre-trial inquest, a pre-trial order shall be issued by the Associate Justice presiding the conference reciting the actions and/or proceedings taken thereat, the admissions of facts made, the documents and real evidence marked, and the agreement entered into by the parties as to any of the matters taken up therein. Such order shall limit the issues for trial to those not disposed of by the admissions or agreements of the parties and when entered shall blind the parties and control the course of the action during the trial, on appeal, and in post-conviction proceedings, unless modified by the division concerned before trial to prevent manifest injustice.

RULE IXMOTIONS

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Section 1. Motion Day. The first hours of the morning session of the divisions every Friday shall be devoted to the hearing of motions, unless, upon motion of an interested party and for special reasons, the division concerned shall fix another day for the hearing of any particular motion.

Section 2. Resolution on Interlocutory or Incidental Motions. Rulings on all written motions submitted to the Sandiganbayan or any division thereof for resolution shall be reached in consultation among the Justices participating in the consideration thereof: Provided, however, That rulings on oral motions or on objections made in the course of the trial or hearing shall be handed down by the Chairman of the division concerned.

RULE XJUDGMENT

Section 1. Votes Necessary to Decide. The unanimous vote of three Justices in a division shall be necessary for the rendition of a judgment or order. In the event that the three Justices do not reach a unanimous vote, the Presiding Justice shall designated by raffle two Justices from among the other members of the Sandiganbayan to sit temporarily with them forming a special division of five Justices, and the vote of a majority of such special division shall be necessary for the rendition of a judgment or order.

Section 2. Procedure in Deciding Cases. The conclusions of a division of the Sandiganbayan in any case submitted to it for decision shall be reached in consultation before the case is assigned to a Justice for the writing of the opinion of the division. Any Justice dissenting from a judgment shall state the reasons for his dissent.

Section 3. Maximum Period to Decide Cases. The judgment or final order of a division of the Sandiganbayan shall be rendered within three (3) months from the date the case was submitted for decision.

Section 4. Form of judgment and final order of a division of the Sandiganbayan shall contain complete findings of fact and a statement of the law on all issues properly raised before it.

RULE XIPROMULGATION OF JUDGMENT

A judgment of a division of the Sandiganbayan shall be promulgated by reading the judgment or sentence in the presence of the accused and any Justice of the division which rendered the same: Provided, That, if the accused is confined or detained in a place outside Metropolitan Manila or of the city or province in which any division of the Sandiganbayan is sitting at the time of such promulgation, the judgment may, upon delegation by the division concerned be promulgated by any judge of the Court of First Instance or Circuit Criminal Court having jurisdiction over the place of confinement or detention, in which event the Court so promulgating the judgment shall have authority to accept and approve the appeal bond.

RULE XIIPETITION FOR RECONSIDERATION

Within fifteen (15) days from the promulgation or notice of a judgment or final order of a division of the Sandiganbayan, unless said judgment or order had in the meantime otherwise attained finality, a petition for the reconsideration thereof may be filed upon the grounds, in the form and subject to the requirements, for motions for new trial in criminal cases under Rule 121 of the Rules of Court, and such petition for reconsideration shall be decided within thirty (30 days from submission thereof.

RULE XIIIREVIEW OF JUDGMENTS AND FINAL ORDERS

Section 1. Method of Review. A party may appeal from a judgment or final order of a division of the Sandiganbayan by filing with the Supreme Court a petition for certiorari in accordance with Rule 45 of Rules of Court and by serving a copy thereof to the Sandiganbayan. Whenever, in any case decided, the death penalty shall have been imposed, the records shall be forwarded to the Supreme Court, whether the accused shall have appealed or not, for review and judgment, as law and justice shall dictate.

Section 2. Bail Pending Appeal. An accused who has been released on bail shall not committed to jail upon conviction pending the expiration of the period for appeal or pending an appeal seasonably taken, except when the penalty imposed is reclusion perpetua or death, in which case, the accused may forthwith be committed to jail after promulgation of the sentence. The division of the Sandiganbayan concerned, however, may, for good cause, cancel the bond or increase the amount of bail and commit the accused into custody pending appeal, unless he gives bail in the increased amount. The surely shall also be responsible for the surrender or the accused after judgment shall have become final.

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RULE XIVPUBLICATION OF DECISIONS

With the consent of the respective writers thereof, the decisions of the Sandiganbayan may be published in the Official Gazette in the language in which they have been originally written. The syllabi for the decisions shall be prepared by the Clerk of Court in consultation with writers thereof.

RULE XVAPPLICABILITY OF THE RULES OF COURT

Except as otherwise herein provided or as may hereafter be modified from time to time by the Sandiganbayan and insofar as practicable, the Rules of Court shall govern proceedings in the Sandiganbayan.

RULE XVISEAL OF THE SANDIGANBAYAN

The seal of the Sandiganbayan shall be of standard size, circular in form, consisting of two concentric circles as its margin, with the inscription, running from left to right, on the upper margin of the word "Sandiganbayan" and on the lower margin of the words "Republika ng Pilipinas"; with 16 stars, representing the existing 16 judicial districts, immediately along the outer edge of the inner circle; and with a design at the center of a triangle, with a trisected area composed of the national colors of white on its upper part, blue on the left and red on the right, with the words "KATAPATAN" on the right side, "KAPANAGUTAN" on the left side, and "KARANGALAN" on the base; a star in each corner of the triangle representing Luzon, Visayas and Mindanao; and a bolo inside the triangle on which is superimposed a balance.

RULE XVIISEPARABILITY CLAUSE

If, for any reason, any section or provision of these Rules shall be held to be unconstitutional or invalid, no other section or provision thereof shall be effected thereby.

RULE XVIIIEFFECTIVITY

The Rules shall take effect upon approval.

Done in the City of Manila, this 10th day of January, in the year of Our Lord, nineteen hundred and seventy-nine.

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REPUBLIC ACT No. 8249Amendments to Sandiganbayan Law

February 5, 1997

AN ACT FURTHER DEFINING THE JURISDICTION OF THE SANDIGANBAYAN, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER

PURPOSES

Be it enacted by the Senate and House of representatives of the Philippines in Congress assembled:

Section 1. The first paragraph of Section 1 of Presidential Decree No. 1606, as amended, is hereby further amended to read as follows: "SECTION 1. Sandiganbayan; Composition, Qualifications; Tenure; Removal and Compensation. - A special court, of the same level as the Court of Appeals and possessing all the inherent powers of a court ofjustice, to be known as the Sandiganbayan is hereby created composed of a presiding justice and fourteen associate justices who shall be appointed by the President."

Section 2. Section 2 of the same decree is hereby further amended to read as follows: "SECTION 2. Official Station; Place of Holding Sessions. - The Sandiganbayan shall have its principal office in the Metro Manila area and shall hold sessions thereat for the trial and determination of cases filed with it: Provided, however, That cases originating from the principal geographical regions of the country, that is, from Luzon, Visayas or Mindanao, shall be heard in their respective regions of origin except only when the greater convenience of the accused and of the witnesses, or other compelling considerations require the contrary, in which instance a case originating from one geographical region may be heard in another geographical region: Provided, further, That for this purpose the presiding justice shall authorize any divisions of the court to hold sessions at any time and place outside Metro Manila and, where the interest of justice so requires, outside the territorial boundaries of the Philippines. The Sandiganbayan may require the services of the personnel and the use of facilities of the courts or other government offices where any of the divisions is holding sessions and the personnel of such courts or offices shall be subject to the orders of the Sandiganbayan."

Section 3. The second paragraph of Section 3 of the same decree is hereby deleted.

Section 4. Section 4 of the same decree is hereby further amended to read as follows: "a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time of the commission of the offense:

"(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade '27' and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:

"(a) Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads; "(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors engineers and other city department heads; "(c) Officials of the diplomatic service occupying the position of consul and higher; "(d) Philippine army and air force colonels, naval captains, and all officers of higher rank; "(e) Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher; "(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor; "(g) Presidents, directors or trustees, or managers of government-owned or -controlled corporations, state universities or educational institutions or foundations;

"(2) Members of Congress and officials thereof classified as Grade'27'and up under the Compensation and Position Classification Act of 1989; "(3) Members of the judiciary without prejudice to the provisions of the Constitution; "(4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and "(5) All other national and local officials classified as Grade'27'and higher under the Compensation and Position Classification Act of 1989.

"b. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office. "c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

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"In cases where none of the accused are occupying positions corresponding to salary grade '27' or higher, as prescribed in the said Republic Act No. 6758, or military or PNP officers mentioned above, exclusive original jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court and municipal circuit trial court ' as the case may be, pursuant to their respective jurisdiction as provided in Batas Pambansa Blg. 129, as amended. "The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders or regional trial courts whether in the exercise of their own original jurisdiction orof their appellate jurisdiction as herein provided. " The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos. 1,2,14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court. The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that the Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review to the Court of Appeals, shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its special prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. "In case private individuals are charged as co-principals, accomplices or accessories with the public officers or employees, including those employed in government-owned or controlled corporations, they shall be tried jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them. "Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability shall at all times be simultaneously instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil action separately from the criminal action shall be recognized: Provided, however, That where the civil action had therefore been filed separately but judgment therein has not yet been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint determination with the criminal action, otherwise the separate civil action shall be deemed abandoned."

Section 5. Section 7 of the same decree is hereby further amended to read as follows: 'SECTION 7. Form, Finality and Enforcement of Decisions. - All decisions and final orders determining the merits of a case or finally disposing of the action or proceedings of the Sandiganbayan shall contain complete findings of the facts and the law on which they are based, on all issues properly raised before it and necessary in deciding the case. "A petition for reconsideration of any final order or decision may be filed within fifteen (15) days from promulgation or notice of the final order on judgment, and such motion for reconsideration shall be decided within thirty (30) days from submission thereon. "Decisions and final orders of the Sandiganbayan shall be appealable to the Supreme Court by petition for review on certiorari raising pure questions of law in accordance with Rule 45 of the Rules of Court. Whenever, in any case decided by the Sandiganbayan, the penalty of reclusion perpetua, life imprisonment or death is imposed, the decision shall be appealable to the Supreme Court in the manner prescribed in the Rules of Court. "Judgments and orders of the Sandiganbayan shall be executed and enforced in the manner provided by law. "Decisions and final orders of other courts in cases cognizable by said courts under this decree as well as those rendered by them in the exercise of their appellate jurisdiction shall be appealable to, or be reviewable by, the Sandiganbayan in the manner provided by Rule 122 of the Rules of the Court. "In case, however, the imposed penalty by the Sandiganbayan or the regional trial court in the proper exercise of their respective jurisdictions, is death, review by the Supreme Court shall be automatic, whether or not accused files an appeal."

Section 6. Appropriations. - The amount necessary to carry out the initial implementation of this Act shall be charged against the current fiscal year appropriations of the Sandiganbayan. Thereafter, such sums as may be needed for its continued implementation shall be included in the annual General Appropriations Act.

Section 7. Transitory Provision. - This Act shall apply to all cases pending in any court over which trial has not begun as of the approval hereof

Section 8. Separability of Provisions. - If for any reason any provision of this Act is declared unconstitutional or invalid, such parts or portions not affected thereby shall remain in full force and effect.

Section 9. Repealing Clause. - All acts, decrees, general orders and circulars, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.

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REPUBLIC ACT No. 6770Ombudsman Law

November 15, 1989

AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN AND FOR OTHER PURPOSES.

Section 1. Title. - This Act shall known as "The Ombudsman Act of 1989".

Section 2. Declaration of Policy. - The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. Public office is a public must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead modest lives.

Section 3. Office of the Ombudsman. - The Office of the Ombudsman shall include the Office of the Overall Deputy, the Office of the Deputy for Luzon, the Office of the Deputy for Visayas, the Office of the Deputy for Mindanao, the Office of the Deputy for the Armed Forces, and the Office of the Special Prosecutor. The President may appoint other Deputies as the necessity for it may arise, as recommended by the Ombudsman.

Section 4. Appointment. - The Ombudsman and his Deputies, including the Special Prosecutor, shall be appointed by the President from a list of at least twenty one (21) nominees prepared by the Judicial and Bar Council, and from a list of three (3) nominees for each vacancy thereafter, which shall be filled within three (3) months after it occurs, each of which list shall be published in a newspaper of general circulation. In the organization of the Office of the Ombudsman for filling up of positions therein, regional, cultural or ethnic considerations shall be taken into account to the end that the Office shall be as much as possible representative of the regional, ethnic and cultural make-up of the Filipino nation.

Section 5. Qualifications. - The Ombudsman and his Deputies, including the Special Prosecutor, shall be natural born citizens of the Philippines, at least forty (40) years old, of recognized probity and independence, members of the Philippine Bar, and must not have been candidates for any elective national or local office in the immediately preceding election whether regular or special. The Ombudsman must have, for ten (10) years or more, been a judge or engaged in the practice of law in the Philippines.

Section 6. Rank and Salary. - The Ombudsman and his Deputies shall have the same ranks, salaries and privileges as the Chairman and members, respectively of a Constitutional Commission. Their salaries shall not be decreased during their term of office. The members of the prosecution, investigation and legal staff of the Office of the Ombudsman shall receive salaries which shall not be less than those given to comparable positions in any office in the Government.itc@alf

Section 7. Term of Office. - The Ombudsman and his Deputies, including the Special Prosecutor, shall serve for a term of seven (7) years without reappointment.

Section 8. Removal; Filling of Vacancy. - (1) In accordance with the provisions of Article XI of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. (2) A Deputy, or the Special Prosecutor, may be removed from office by the President for any of the grounds provided for the removal of the Ombudsman, and after due process. (3) In case of vacancy in the Office of the Ombudsman due to death, resignation, removal or permanent disability of the incumbent Ombudsman shall have been appointed for a full term. In case the Overall Deputy cannot assume the role of Acting Ombudsman, the President may designate any of the deputies, or the Special Prosecutor, as Acting Ombudsman. (4) In case of temporary absence or disability of the Ombudsman, the Overall Deputy shall perform the duties of the Ombudsman until the Ombudsman returns or is able to perform his duties.

Section 9. Prohibition and Disqualifications. - The Ombudsman, his Deputies and the Special Prosecutor shall not, during their tenure, hold any other office or employment. They shall not, during said tenure, directly or indirectly practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office. They shall not be qualified to run for any office in the election immediately following their cessation from office. They shall not be allowed to appear or practice before the Ombudsman for two (2) years following their cessation from office. No spouse or relative by consanguinity or affinity within the fourth civil degree and no law, business or professional partner or associate of the Ombudsman, his Deputies or Special Prosecutor within one (1) year preceding the

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appointment may appear as counsel or agent on any matter pending before the Office of the Ombudsman or transact business directly or indirectly therewith. This disqualification shall apply during the tenure of the official concerned. This disqualification likewise extends to the law, business or professional firm for the same period.

Section 10. Disclosure of Relationship. - It shall be the duty of the Ombudsman, his Deputies, including the Special Prosecutor to make under oath, to the best of their knowledge and/or information, a public disclosure of the identities of, and their relationship with the persons referred to in the preceding section. The disclosure shall be filed with the Office of the President and the Office of the Ombudsman before the appointee assumes office and every year thereafter. The disclosures made pursuant to this section shall form part of the public records and shall be available to any person or entity upon request.

Section 11. Structural Organization. - The authority and responsibility for the exercise of the mandate of the Office of the Ombudsman and for the discharge of its powers and functions shall be vested in the Ombudsman, who shall have supervision and control of the said Office.

(1) The Office of the Ombudsman may organize such directorates for administration and allied services as may be necessary for the effective discharge of its functions. Those appointed as directors or heads shall have the rank and salary of line bureau directors. (2) The Office of the Overall Deputy shall oversee and administer the operations of the different offices under the Office of the Ombudsman. it shall likewise perform such other functions and duties assigned to it by the Ombudsman. (3) The Office of the Special Prosecutor shall be composed of the Special Prosecutor and his prosecution staff. The Office of the Special Prosecutor shall be an organic component of the Office of the Ombudsman and shall be under the supervision and control of the Ombudsman. (4) The Office of the Special Prosecutor shall, under the supervision and control and upon the authority of the Ombudsman, have the following powers:Lawphil@alf

(a) To conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan; (b) To enter into plea bargaining agreements; and (c) To perform such other duties assigned to it by the Ombudsman.

The Special Prosecutor shall have the rank and salary of a Deputy Ombudsman. (5) The position structure and staffing pattern of the Office of the Ombudsman, including the Office of the Special Prosecutor, shall be approved and prescribed by the Ombudsman shall appoint all officers and employees of the Office of the Special Prosecutor, in accordance with the civil service law, rules and regulations.

Section 12. Official Stations. - The Ombudsman, the Overall Deputy, the Deputy for Luzon, and the Deputy for the Armed Forces shall hold office in Metropolitan Manila; the Deputy for the Visayas, in Cebu City; and the Deputy for Mindanao, in Davao City. The Ombudsman may transfer their stations within their respective geographical regions, as public interest may require.

Section 13. Mandate. - The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against officers or employees of the government, or of any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and enforce their administrative, civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people.

Section 14. Restrictions. - No writ of injunction shall be issued by any court to delay an investigation being conducted by the Ombudsman under this Act, unless there is a prima facie evidence that the subject matter of the investigation is outside the jurisdiction of the Office of the Ombudsman. No court shall hear any appeal or application for remedy against the decision or findings of the Ombudsman, except the Supreme Court, on pure question of law.

Section 15. Powers, Functions and Duties. - The Office of the Ombudsman shall have the following powers, functions and duties:

(1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his primary jurisdiction, it may take over, at any stage, from any investigatory agency of government, the investigation of such cases; (2) Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties; (3) Direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglects to perform an act or discharge a duty required by law, and recommend his removal, suspension,

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demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority as provided in Section 21of this Act: Provided, That the refusal by any officer without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be a ground for disciplinary action against said officer; (4) Direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules of procedures, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action; (5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents; (6) Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due prudence: Provided, that the Ombudsman under its rules and regulations may determine what cases may not be made public: Provided further, That any publicity issued by the Ombudsman shall be balanced, fair and true; (7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the government and make recommendations for their elimination and the observance of high standards of ethics and efficiency; (8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigation or inquiry, including the power to examine and have access to bank accounts and records; (9) Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein; (10) Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure the effective exercise or performance of the powers, functions, and duties herein or hereinafter provided; (11) Investigate and initiate the proper action for the recovery of ill-gotten and/or unexpired wealth amassed after February 25, 1986 and the prosecution of the parties involved therein.

The Ombudsman shall give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties.

Section 16. Applicability. - The provisions of this Act shall apply to all kinds of malfeasance, and non- feasance that have been committed by any officer or employee as mentioned in Section 13 hereof, during his tenure of office.

Section 17. Immunities. - In all hearings, inquiries, and proceedings of the Ombudsman, including preliminary investigations offenses, no person subpoenaed to testify as a witness shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and/or other records on the ground that the testimony or evidence, documentary or otherwise, required of him, may tend to incriminate him or subject him to prosecution: Provided, That no person shall be prosecuted criminally for or on account of any matter concerning which he is compelled, after having claimed the privilege against self-incrimination, to testify and produce evidence, documentary or otherwise. Under such terms and conditions as it may determine taking into account the pertinent provisions of the Rules of Court, the Ombudsman may grant immunity from criminal prosecution to any person whose possession and production of documents or other evidence may be necessary to determine the truth in any hearing, inquiry or proceeding being conducted by the Ombudsman or under its authority, in the performance or in the furtherance of its constitutional functions and statutory objectives. The immunity granted under this and the immediately preceding paragraph shall not except the witness from criminal prosecution for perjury or false testimony nor shall he be exempt from demotion or removal from office. Any refusal to appear or testify pursuant to the aforecited provisions shall be subject to punishment for prompt contempt and removal of the immunity from criminal prosecution.

Section 18. Rules of Procedure. - (1) The Office of the Ombudsman shall promulgate its rules of procedure for the effective exercise or performance of its powers, functions, and duties. (2) The rules of procedure shall include a provision whereby the Rules of Court are made suppletory. (3) The rules shall take effect after fifteen days following the completion of their publication in the Official Gazette or in three (3) newspapers of general circulation in the Philippines, one of which is printed in the national language.

Section 19. Administrative Complaints. - The Ombudsman shall act on all complaints relating, but not limited to acts or omissions which:

(1) Are contrary to law or regulation; (2) Are unreasonable, unfair, oppressive or discriminatory; (3) Are inconsistent with the general course of an agency's functions, though in accordance with law; Proceed from a mistake of law or an arbitrary ascertainment of facts; Are in the exercise of discretionary powers but for an improper purpose; or Are otherwise irregular, immoral or devoid of justification.

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Section 20. Exceptions. - The Office of the Ombudsman may not conduct the necessary investigation of any administrative act or omission complained of if it believes that:

(1) The complainant has a adequate remedy in another judicial or quasi-judicial body; (2) The complaint pertains to a matter outside the jurisdiction of the Office of the Ombudsman; (3) The complaint id trivial, frivolous, vexatious or made in bad faith; (4) The complaint has no sufficient personal interest in the subject matter of the grievance; or (5) The complaint was filed after one year from the occurrence of the act or omission complained of.

Section 21. Officials Subject to Disciplinary Authority; Exceptions. - The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, local government, government- owned or controlled corporations and their subsidiaries, except over officials who may be removed only by impeachment or over Members of Congress, and the Judiciary.

Section 22. Investigatory Power. - The Office of the Ombudsman shall have the power to investigate any serious misconduct in office allegedly committed by officials removable by impeachment, for the purpose of filing a verified complaint for impeachment, if warranted. In all cases of conspiracy between an officer or employee of the government and a private person, the Ombudsman and his Deputies shall have jurisdiction to include such private person in the investigation and proceed against such private person as the evidence may warrant. The officer or employee and the private person shall be tried jointly and shall be subject to the same penalties and liabilities.

Section 23. Formal Investigation. - (1) Administrative investigations conducted by the Office of the Ombudsman shall be in accordance with its rules of procedure and consistent with due process. (2) At its option, the Office of the Ombudsman may refer certain complaints to the proper disciplinary authority for the institution of appropriate administrative proceedings against erring public officers or employees, which shall be terminated within the period prescribed in the civil service law. Any delay without just cause in acting on any referral made by the Office of the Ombudsman shall be a ground for administrative action against the officers or employees to whom such referrals are addressed a and shall constitute a graft offense punishable by a fine of not exceeding five thousand pesos (P5,000.00). (3) In any investigation under this Act the Ombudsman may (a) enter and inspect the premises of any office, agency, commission or tribunal; (b) examine and have access to any book, record, file document or paper; and (c) hold private hearings with both the complaining individual and the official concerned.

Section 24. Preventive Suspension. - The Ombudsman or his Deputy may preventively suspend any officer or employee under his authority pending an investigation, if in his judgement the evidence of guilt is strong, and (a) the charge against such officer or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the charges would warrant removal from the service; or (c) the respondent's continued stay in office may prejudice the case filed against him. The preventive suspension shall continue until the case is terminated by the Office of the Ombudsman but not more than six months, without pay, except when the delay in the disposition of the case by the Office of the Ombudsman is due to the fault, negligence or petition of the respondent, in which case the period of such delay shall not be counted in computing the period of suspension herein provided.

Section 25. Penalties.Arellano Law Foundation - (1) In administrative proceedings under Presidential Decree No. 807, the penalties and rules provided therein shall be applied. (2) In other administrative proceedings, the penalty ranging from suspension without pay for one year to dismissal with forfeiture of benefits or a fine ranging from five thousand pesos (P5,000.00) to twice the amount malversed, illegally taken or lost, or both at the discretion of the Ombudsman, taking into consideration circumstances that mitigate or aggravate the liability of the officer or employee found guilty of the complaint or charges.

Section 26. Inquiries. - (1) The Office of the Ombudsman shall inquire into acts or omissions of a public officer, employee, office or agency which, from the reports or complaints it has received, the Ombudsman or his Deputies consider to be:

(a) contrary to law or regulation; (b) unreasonable, unfair, oppressive, irregular or inconsistent with the general course of the operations and functions of a public officer, employee, office or agency; (c) an error in the application or interpretation of law, rules or regulations, or a gross or palpable error in the appreciation of facts; (d) based on improper motives or corrupt considerations; (e) unclear or inadequately explained when reasons should have been revealed; or (f) inefficiently performed or otherwise objectionable.

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(2) The Office of the Ombudsman shall receive complaints from any source in whatever form concerning an official act or omission. It shall act on the complaint immediately and if it finds the same entirely baseless, it shall dismiss the same and inform the complainant of such dismissal citing the reasons therefor. If it finds a reasonable ground to investigate further, it shall first furnish the respondent public officer or employee with a summary of the complaint and require him to submit a written answer within seventy-two hours from receipt thereof. If the answer is found satisfactory, it shall dismiss the case.

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REPUBLIC ACT No. 7438April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS,

AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. –

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or

investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting preliminary investigation or those charged with the prosecution of crimes.The assisting counsel other than the government lawyers shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light felonies;lawphi1©alf

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to have

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competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such investigating officer or in his place, who fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel.(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring privately with him, or from examining and treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).

The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent his escape.

Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws, presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the provisions of this Act are repealed or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any daily newspapers of general circulation in the Philippines.

Approved: April 27, 1992.

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REPUBLIC ACT No. 9344Juvenile Justice and Welfare Act (JJWA)

        AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE

JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

TITLE IGOVERNING PRINCIPLES

CHAPTER 1TITLE, POLICY AND DEFINITION OF TERMS

Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and Welfare Act of 2006." It shall cover the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration.

SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all times:(a) The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.(b) The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency.(c) The State likewise recognizes the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development.(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking into account the child's age and desirability of promoting his/her reintegration. Whenever appropriate and desirable, the State shall adopt measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care.(e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent with the protection of the rights of children belonging to these communities.(f) The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in conflict with the law.

SEC. 3. Liberal Construction of this Act. - In case of doubt, the interpretation of any of the provisions of this Act, including its implementing rules and regulations (IRRs), shall be construed liberally in favor of the child in conflict with the law.

SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:(a) "Bail" refers to the security given for the release of the person in custody of the law, furnished by him/her

or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form of corporate security, property bond, cash deposit, or recognizance.

(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child.

(c) "Child" refers to a person under the age of eighteen (18) years.(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses

because of personal, family and social circumstances, such as, but not limited to, the following:

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(1) being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;(2) being exploited including sexually or economically;(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found;(4) coming from a dysfunctional or broken family or without a parent or guardian;(5) being out of school;(6) being a streetchild;(7) being a member of a gang;(8) living in a community with a high level of criminality or drug abuse; and(9) living in situations of armed conflict.

(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.

(f) "Community-based Programs" refers to the programs provided in a community setting developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community.

(g) "Court" refers to a family court or, in places where there are no family courts, any regional trial court.(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the placement of a child in

conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority.

(i) "Diversion" refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings.

(j) "Diversion Program" refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings.

(k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody.

(l) "Intervention" refers to a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being.

(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development.

(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod.

(o) "Offense" refers to any act or omission whether punishable under special laws or the Revised Penal Code, as amended.

(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law, when required.

(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies.

(r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like.

(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them.

(u) "Victimless Crimes" refers to offenses where there is no private offended party.

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CHAPTER 2PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the following rights, including but not limited to:

(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility

of release;(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a

disposition of last resort, and which shall be for the shortest appropriate period of time;(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner

which takes into account the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances;

(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action;

(f) the right to bail and recognizance, in appropriate cases;(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness;(h) the right to have his/her privacy respected fully at all stages of the proceedings;(i) the right to diversion if he/she is qualified and voluntarily avails of the same;(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest,

the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty;

(l) in general, the right to automatic suspension of sentence;(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;(n) the right to be free from liability for perjury, concealment or misrepresentation; and(o) other rights as provided for under existing laws, rules and regulations.

The State further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice or "Beijing Rules", United Nations Guidelines for the Prevention of Juvenile Delinquency or the "Riyadh Guidelines", and the United Nations Rules for the Protection of Juveniles Deprived of Liberty.

SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.

SEC. 7. Determination of Age. - The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties.If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law.

TITLE IISTRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

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SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development. It shall ensure the effective implementation of this Act and coordination among the following agencies:

(a) Council for the Welfare of Children (CWC);(b) Department of Education (DepEd);(c) Department of the Interior and Local Government (DILG);(d) Public Attorney's Office (PAO);(e) Bureau of Corrections (BUCOR);(f) Parole and Probation Administration (PPA)(g) National Bureau of Investigation (NBI);(h) Philippine National Police (PNP);.(i) Bureau of Jail Management and Penology (BJMP);(i) Commission on Human Rights (CHR);(k) Technical Education and Skills Development Authority (TESDA);(l) National Youth Commission (NYC); and(m) Other institutions focused on juvenile justice and intervention programs.

The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be designated by the concerned heads of the following departments or agencies:

(a) Department of Justice (DOJ);(b) Department of Social Welfare and Development (DSWD);(c) Council for the Welfare of Children (CWC)(d) Department of Education (DepEd);(e) Department of the Interior and Local Government (DILG)(f) Commission on Human Rights (CHR);(g) National Youth Commission (NYC); and(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and the other to be designated by the Secretary of Social Welfare and Development.

The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Justice and the Secretary of Social Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC.The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties and functions, as herein provided.

SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following duties and functions:(a) To oversee the implementation of this Act;(b) To advise the President on all matters and policies relating to juvenile justice and welfare;(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the formulation of new ones in line with the provisions of this Act;(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the participation of government agencies concerned, NGOs and youth organizations;(e) To coordinate the implementation of the juvenile intervention programs and activities by national government agencies and other activities which may have an important bearing on the success of the entire national juvenile intervention program. All programs relating to juvenile justice and welfare shall be adopted in consultation with the JJWC;(f) To formulate and recommend policies and strategies in consultation with children for the prevention of juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of the children in conflict with the law;(g) To collect relevant information and conduct continuing research and support evaluations and studies on all matters relating to juvenile justice and welfare, such as but not limited to:

(1) the performance and results achieved by juvenile intervention programs and by activities of the local government units and other government agencies;(2) the periodic trends, problems and causes of juvenile delinquency and crimes; and(3) the particular needs of children in conflict with the law in custody.

The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and welfare system.The JJWC shall set up a mechanism to ensure that children are involved in research and policy development.(h) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary recommendations to appropriate agencies;(i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program;(j) To submit an annual report to the President on the implementation of this Act; and

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(k) To perform such other functions as may be necessary to implement the provisions of this Act.

SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All government agencies enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) year from the effectivity of this Act, draft policies and procedures consistent with the standards set in the law. These policies and procedures shall be modified accordingly in consultation with the JJWC upon the completion of the national juvenile intervention program as provided under Section 9 (d).

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 IIIPREVENTION OF JUVENILE DELINQUENCY

CHAPTER 1THE 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 2COMPREHENSIVE 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.

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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 IVTREATMENT 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 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. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to 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 duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code".

TITLE VJUVENILE JUSTICE AND WELFARE SYSTEM

CHAPTER IINITIAL 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;

c) 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, unless

absolutely necessary and only after all other methods of control have been exhausted and have failed;f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her

apprehension;g) Avoid violence or unnecessary force;h) Determine the age of the child pursuant to Section 7 of this Act;i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the

Social Welfare and Development Office or other accredited NGOs, and notify the child's apprehension. The social welfare and development officer shall explain to the child and the child's parents/guardians the consequences of the child's act with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;

j) Take the child immediately to the proper medical and health officer for a thorough physical and mental examination. The examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever the medical treatment is required, steps shall be immediately undertaken to provide the same;

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k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters separate from that of the opposite sex and adult offenders;

l) Record the following in the initial investigation:1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the

apprehension and the details thereof; and3. The exhaustion of measures to determine the age of a child and the precise details of the physical

and medical examination or the failure to submit a child to such examination; andm) Ensure that all statements signed by the child during investigation shall be witnessed by the child's

parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement.

A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell.SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her investigation, determine where the case involving the child in conflict with the law should be referred.The taking of the statement of the child shall be conducted in the presence of the following: (1) child's counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and development officer. In the absence of the child's parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation shall be conducted in the presence of a representative of an NGO, religious group, or member of the BCPC.After the initial investigation, the local social worker conducting the same may do either of the following:

(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but below eighteen (18) years old, who acted without discernment; and(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed to diversion under the following chapter.

CHAPTER 2DIVERSION

SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided:

a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment, the law enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer or other members of the LCPC shall conduct mediation, family conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program. The child and his/her family shall be present in these activities.

b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the local social welfare and development officer shall meet with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program, in coordination with the BCPC;

c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion measures may be resorted to only by the court.

SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at the Katarungang Pambarangay, the police investigation or the inquest or preliminary investigation stage and at all 1evels and phases of the proceedings including judicial level.

SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may undergo conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said system. A contract of diversion may be entered into during such conferencing, mediation or conciliation proceedings.

SEC. 26. Contract of Diversion. - If during the conferencing, mediation or conciliation, the child voluntarily admits the commission of the act, a diversion program shall be developed when appropriate and desirable as determined under Section 30. Such admission shall not be used against the child in any subsequent judicial, quasi-judicial or administrative proceedings. The diversion program shall be effective and binding if accepted by the parties concerned. The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities. The local social welfare and development officer shall supervise the implementation of the diversion program. The diversion proceedings shall be completed within forty-five (45) days. The period of prescription of the offense shall be suspended until the completion of the diversion proceedings but not to exceed forty-five (45) days.The child shall present himself/herself to the competent authorities that imposed the diversion program at least once a month for reporting and evaluation of the effectiveness of the program.Failure to comply with the terms and conditions of the contract of diversion, as certified by the local social welfare and development officer, shall give the offended party the option to institute the appropriate legal action.The period of prescription of the offense shall be suspended during the effectivity of the diversion program, but not exceeding a period of two (2) years.

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SEC. 27. Duty of the Punong Barangay 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 Punong Barangay handling the case shall, within three (3) days from determination of the absence of jurisdiction over the case 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.

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CHAPTER 3PROSECUTION

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.

CHAPTER 4COURT 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 measures, such as close supervision, intensive care or placement with a family or in an educational setting or home. Institutionalization or detention of the child pending trial shall be used only as a measure of last resort and for the shortest possible period of time.Whenever detention is necessary, a child will always be detained in youth detention homes established by local governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where the child resides.In the absence of a youth detention home, the child in conflict with the law may be committed to the care of the DSWD or a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the court. The center or agency concerned shall be responsible for the child's appearance in court whenever required.

SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court shall determine whether or not diversion is appropriate.

SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt.Upon suspension of sentence and after considering the various circumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.

SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the social worker who has custody of the child, the court shall dismiss the case against the child whose sentence has been suspended and against whom disposition measures have been issued, and shall order the final discharge of the child if it finds that the objective of the disposition measures have been fulfilled.The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense, which shall be enforced in accordance with law.

SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict

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with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall be brought before the court for execution of judgment.If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years.

SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention under this Act.

SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in lieu of service of his/her sentence taking into account the best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", is hereby amended accordingly.

CHAPTER 5CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

SEC. 43. Confedentiality of Records and Proceedings. - All records and proceedings involving children in conflict with the law from initial contact until final disposition of the case shall be considered privileged and confidential. The public shall be excluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever, except to determine if the child in conflict with the law may have his/hes sentence suspended or if he/she may be granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action.

The component authorities shall undertake all measures to protect this confidentiality of proceedings, including non-disclosure of records to the media, maintaining a separate police blotter for cases involving children in conflict with the law and adopting a system of coding to conceal material information which will lead to the child's identity. Records of a child in conflict with the law shall not be used in subsequent proceedings for cases involving the same offender as an adult, except when beneficial for the offender and upon his/her written consent.

A person who has been in conflict with the law as a child shall not be held under any provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made to him/her for any purpose.

TITLE VIREHABILITATION AND REINTEGRATION

SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of rehabilitation and reintegration of children in conflict with the law is to provide them with interventions, approaches and strategies that will enable them to improve their social functioning with the end goal of reintegration to their families and as productive members of their communities.

SEC. 45. Court Order Required. - No child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing for the purpose. The details of this order shall be immediately entered in a register exclusively for children in conflict with the law. No child shall be admitted in any facility where there is no such register.

SEC. 46, Separate Facilities from Adults. - In all rehabilitation or training facilities, it shall be mandatory that children shall be separated from adults unless they are members of the same family. Under no other circumstance shall a child in conflict with the law be placed in the same confinement as adults.The rehabilitation, training or confinement area of children in conflict with the law shall provide a home environment where children in conflict with the law can be provided with quality counseling and treatment.

SEC. 47. Female Children. - Female children in conflict with the law placed in an institution shall be given special attention as to their personal needs and problems. They shall be handled by female doctors, correction officers and social workers, and shall be accommodated separately from male children in conflict with the law.

SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and training facilities shall handle children in conflict with the law without having undergone gender sensitivity training.

SEC. 49. Establishment of Youth Detention Homes. - The LGUs shall set aside an amount to build youth detention homes as mandated by the Family Courts Act. Youth detention homes may also be established by private and NGOs licensed and accredited by the DSWD, in consultation with the JJWC.

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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.All city and provincial governments must exert effort for the immediate establishment of local detention homes for children in conflict with the law.

SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. - A childin 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.

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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.

TITLE VIIGENERAL PROVISIONS

CHAPTER 1EXEMPTING PROVISIONS

SEC. 57. Status Offenees. - 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.

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 2PROHIBITED 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 3PENAL 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 4APPROPRIATION PROVISION

SEC. 63. Appropriations. - The amount necessary to carry out the initial implementation of this Act shall be charged to the Office of the President. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the succeeding General Appropriations Act.An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the JJWC shall be taken from the proceeds of the Philippine Charity Sweepstakes Office.

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TITLE VIIITRANSITORY 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 Act, an inventory of all children in conflict with the law under their custody.

SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court Proceedings. - If a child reaches the age of eighteen (18) years pending diversion and court proceedings, the appropriate diversion authority in consultation with the local social welfare and development officer or the Family Court in consultation with the Social Services and Counseling Division (SSCD) of the Supreme Court, as the case may be, shall determine the appropriate disposition. In case the appropriate court executes the judgment of conviction, and unless the child in conflict the law has already availed of probation under Presidential Decree No. 603 or other similar laws, the child may apply for probation if qualified under the provisions of the Probation Law.

SEC. 68. Children Who Have Been Convicted and are Serving Sentence. - Persons who have been convicted and are serving sentence at the time of the effectivity of this Act, and who were below the age of eighteen (18) years at the time the commission of the offense for which they were convicted and are serving sentence, shall likewise benefit from the retroactive application of this Act. They shall be entitled to appropriate dispositions provided under this Act and their sentences shall be adjusted accordingly. They shall be immediately released if they are so qualified under this Act or other applicable law.

TITLE IXFINAL PROVISIONS

SEC. 69. Rule Making Power. - The JJWC shall issue the IRRs for the implementation of the provisions of this act within ninety (90) days from the effectivity thereof.

SEC. 70. Separability Clause. - If, for any reason, any section or provision of this Act is declared unconstitutional or invalid by the Supreme Court, the other sections or provisions hereof not affected by such declaration shall remain in force and effect.

SEC. 71. Repealing Clause. - All existing laws, orders, decrees, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 72. Effectivity. - This Act shall take effect after fifteen (15) days from its publication in at least two (2) national newspapers of general circulation.

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SC AM NO. 02-1-18-SCRule on Juveniles in Conflict with the Law

Section 1. Applicability of the Rule.– This Rule shall apply to all criminal cases involving juveniles in conflict with the law.

A juvenile in conflict with the law is a person who at the time of the commission of the offense is below eighteen (18) years of age but not less than nine (9) years of age.

This Rule shall not apply to an accused who at the time of initial contact as defined in Section 4(p) of this Rule, or at any time thereafter, shall have reached the age of eighteen (18), in which case the regular rules on criminal procedure shall apply without prejudice to the rights granted under Sections 36, 37, 38 and 39 of this Rule. (n)

Sec. 2. Objective.– The objective of this Rule is to ensure that the justice system treats every juvenile in conflict with the law in a manner that recognizes and upholds his human dignity and worth, and instills in him respect for the fundamental rights and freedoms of others. The Rule considers his developmental age and the desirability of his reintegration into and assumption of a constructive role in society in accordance with the principle of restorative justice.

To attain this objective, the Rule seeks:a) To provide a procedure in the adjudication of juveniles in conflict with the law that takes into account their distinct circumstances and assures the parties of a fair hearing with their constitutional and statutory rights recognized and respected;

b) To divert from the justice system juveniles who can be cared for or placed under community-based alternative programs of treatment, training and rehabilitation in conformity with the principle of restorative justice;

c) To deal with the juvenile in a family environment whenever possible, separate him from his parents only when necessary for his welfare or in the interest of public safety;

d) To remove from juveniles in conflict with the law the stigma of criminality and the consequences of criminal behavior; and

e) To provide for the care, protection and wholesome moral, mental, and physical development of juveniles in conflict with the law.

Sec. 3. Interpretation.– This Rule shall be interpreted liberally to promote the best interests of the child in conformity with Philippine laws and the United Nations’ Convention on the Rights of the Child.

Sec. 4. Definitions.– As used in this Rule, (a) To be in conflict with the law means being charged with the commission of an act defined and punished as a crime or offense under the law, including violations of traffic laws, rules and regulations, and ordinances of local government units.

(b) Serious offense refers to any offense not covered by Section 1, par. B, Criminal Cases, of the Rule on Summary Procedure, to wit: (1) violations of traffic laws, rules and regulations; (2) violations of the rental law; (3) violations of municipal or city ordinances; (4) all other offenses punished with imprisonment not exceeding six months, or a fine not exceeding one thousand pesos (P1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom; provided, however, that in offenses involving damage to property through criminal negligence, the imposable fine is not in excess of ten thousand pesos (P10,000.00).

(c) Youth detention center refers to a government-owned or operated agency providing habilitative and rehabilitative facilities where a juvenile in conflict with the law may be physically restricted pending court disposition of the charge against him.

(d) Intake report is a preliminary written report containing the personal and other circumstances of the juvenile in conflict with the law and prepared by the social worker assigned by the Department of Social Welfare and Development (DSWD) or local government unit to assist him as soon as he enters the justice system.

(e) Case study report is a written report of the result of an investigation conducted by the social worker designated by the Family Court on the social, cultural, economic and legal status or condition of the juvenile in conflict with the law. It includes, among others, his developmental age; educational attainment; family and social relationships; the quality of his peer group; the strengths and weaknesses of his family; parental control over him; his attitude toward the offense; the harm or damage done to others resulting from the offense; his record of prior offenses, if any; and the attitude of his parents towards his responsibility for the offense.

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(f) Diversion refers to an alternative child-appropriate process of determining the responsibility and treatment of a juvenile in conflict with the law on the basis of his social, cultural, economic, psychological or educational background without resorting to formal court adjudication.

(g) Diversion programs refer to programs that the juvenile in conflict with the law is required to undergo in lieu of formal court proceedings.

(h) Disposition conference is a meeting held by the court with the social worker who prepared the case study report together with the juvenile in conflict with the law and his parents or guardian ad litem, for the purpose of determining the disposition measures appropriate to the personal and peculiar circumstances of the juvenile.

(i) Recognizance is an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court by the juvenile in conflict with the law when required.

(j) Probation is a disposition alternative under which a juvenile in conflict with the law is released and permitted to remain in his home after conviction and sentence. The juvenile is subject to conditions imposed in the sentence and to supervision by the court and a probation officer who has the duty to return the juvenile to the court in case of violation of a condition of his probation.

(k) Suspended sentence is the holding in abeyance of the service of the sentence imposed by the court upon a finding of guilt of the juvenile in conflict with the law who will undergo rehabilitation.

(l) Community continuum is a community-based group therapy process that provides continuous guidance and support to the juvenile in conflict with the law upon his release from rehabilitation and his reintegration into society.

(m) Age of criminal responsibility is the age when a juvenile who is nine (9) years or over but under fifteen (15) years commits an offense with discernment.

(n) Discernment means the mental capacity to understand the difference between right and wrong and its consequences.

(o) Restorative Justice is a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender, and the community. It seeks to obtain reparation for the victim, reconciliation of the offender, the offended and the community and reassurance to the offender that he can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies.

(p) Initial contact is the apprehension or taking into custody of a juvenile in conflict with the law by law enforcement officers or private citizens. It includes the time when the juvenile receives a subpoena under Section 3 (b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6 (a) or Sec. 9 (b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the juvenile under immediate custody.

(q) Corporal punishment is any kind of physical punishment inflicted on the body as distinguished from pecuniary punishment or fine.

Sec. 5. Exemption from Criminal Liability.– A minor under nine (9) years of age at the time of the commission of the offense shall be exempt from criminal liability.

A minor nine (9) years and above but under fifteen (15) years of age at the time of the commission of the offense shall be committed to the care of his father or mother, or nearest relative or family friend, in the sound discretion of the court and subject to its supervision. However, if the prosecution proves that he has acted with discernment, he shall be proceeded against in accordance with Sections 24 to 28, or 36 to 40 of this Rule, as the case may be, and subjected to a delinquency prevention program as determined by the court.

Exemption from criminal liability does not include exemption from civil liability which shall be enforced in accordance with the provisions of Article 221 of the Family Code in relation to Article 101 of the Revised Penal Code and Rule 111 of the Revised Rules of Criminal Procedure.

In case the act or omission of the juvenile involves a quasi-delict, Article 2180 of the Civil Code shall apply.

Sec. 6. Procedure in Taking a Juvenile into Custody.– Any person taking into custody a juvenile in conflict with the law shall:

(a) Identify himself and present proper identification to the juvenile;(b) Inform the juvenile of the reason for such custody and advise him of his constitutional rights in a language or

dialect understood by him;

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(c) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the juvenile;

(d) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all other methods of control have been exhausted and have failed;

(e) Refrain from subjecting the juvenile to greater restraint than is necessary for his apprehension; (f) Avoid violence or unnecessary force; (g) Notify the parents of the juvenile or his nearest relative or guardian, if any, and the local social welfare officer

as soon as the apprehension is made;(h) Take the juvenile immediately to an available government medical or health officer for a physical and mental

examination. The examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever treatment for any physical or mental defect is necessary, steps shall be immediately taken by the said officer to provide the juvenile with the necessary and proper treatment; and

(i) Hold the juvenile in secure quarters separate from that of the opposite sex and adult offenders.

Sec. 7. Taking Custody of a Juvenile Without a Warrant.– A peace officer or a private person taking into custody a juvenile in conflict with the law without a warrant shall likewise follow the provisions of Sections 5, 8 and 9 of Rule 113 of the Revised Rules of Criminal Procedure and shall forthwith deliver him to the nearest police station. The juvenile shall be proceeded against in accordance with Section 7 of Rule 112.

Sec. 8. Conduct of Initial Investigation by the Police.– The police officer conducting the initial investigation of a juvenile in conflict with the law shall do so in the presence of either of the parents of the juvenile; in the absence of both parents, the guardian or the nearest relative, or a social welfare officer, and the counsel of his own choice. In their presence, the juvenile shall be informed of his constitutional rights during custodial investigation.

The right of the juvenile to privacy shall be protected at all times. All measures necessary to promote this right shall be taken, including the exclusion of the media.

Sec. 9. Fingerprinting and Photographing of the Juvenile.– While under investigation, no juvenile in conflict with the law shall be fingerprinted or photographed in a humiliating and degrading manner. The following guidelines shall be observed when fingerprinting or photographing the juvenile:

(a) His fingerprint and photograph files shall be kept separate from those of adults and shall be kept confidential. They may be inspected by law enforcement officers only when necessary for the discharge of their duties and upon prior authority of the Family Court;

(b) His fingerprints and photographs shall be removed from the files and destroyed: (1) if the case against him is not filed, or is dismissed; or (2) when the juvenile reaches twenty one (21) years of age and there is no record that he committed an offense after reaching eighteen (18) years of age.

Sec. 10. Intake Report by the Social Welfare Officer.– Upon the taking into custody of a juvenile in conflict with the law, the social welfare officer assigned to him by the DSWD shall immediately undertake a preliminary background investigation of the juvenile and submit, prior to arraignment of the juvenile, a report on his findings to the Family Court in which the case may be filed.

Sec. 11. Filing of Criminal Action.– A criminal action may be instituted against a juvenile in conflict with the law by filing a complaint with the prosecutor or the municipal trial court in cases where a preliminary investigation is required. In Manila and other chartered cities, if their charters so provide, the complaint shall be filed with the Office of the Prosecutor. It may also be filed directly with the Family Court if no preliminary investigation is required under Section 1 of Rule 112 of the Revised Rules of Criminal Procedure.

All criminal actions commenced by complaint or information shall be prosecuted under the direction and control of the public prosecutor assigned to the Family Court.

Sec. 12. Prosecution of Civil Action.– When a criminal action is instituted against a juvenile in conflict with the law, the action for recovery of civil liability arising from the offense charged shall be governed by Rule 111 of the Revised Rules of Criminal Procedure.

Sec. 13. Preliminary Investigation.– As far as consistent with this Rule, the preliminary investigation of a juvenile in conflict with the law shall be governed by Section 3 of Rule 112 of the Revised Rules of Criminal Procedure. If clarificatory questions become necessary, the Rule on Examination of a Child Witness shall apply.

If a preliminary investigation is required before the filing of a complaint or information, the same shall be conducted by the judge of the Municipal Trial Court or the public prosecutor in accordance with the pertinent provisions of Rule 112 of the Revised Rules of Criminal Procedure.

If the investigating prosecutor finds probable cause to hold the juvenile for trial, he shall prepare the corresponding resolution and information for approval by the provincial or city prosecutor, as the case may be. The juvenile, his parents/nearest relative/guardian and his counsel shall be furnished forthwith a copy of the approved resolution.

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Sec. 14. Venue.– Subject to the provisions of Section 15, Rule 110 of the Revised Rules of Criminal Procedure, any criminal or civil action involving a juvenile in conflict with the law shall be instituted and tried in the Family Court of or nearest the place where the offense was committed or where any of its essential elements occurred.

Sec. 15. Recognizance.– Before final conviction, all juveniles charged with offenses falling under the Revised Rule on Summary Procedure shall be released on recognizance to the custody of their parents or other suitable person who shall be responsible for the juveniles’ appearance in court whenever required.

Sec. 16. When Bail a Matter of Right.– All juveniles in conflict with the law shall be admitted to bail as a matter of right before final conviction of an offense not punishable by death, reclusion perpetua or life imprisonment.

In the event the juvenile cannot post bail for lack of financial resources, the Family Court shall commit the juvenile pursuant to Section 18 of this Rule.

However, where the juvenile does not pose a threat to public safety, the Family Court may, motu proprio or upon motion and recommendation of the DSWD, release the juvenile on recognizance to the custody of his parents or other responsible person.

Sec. 17. When Bail Not A Matter of Right.– No juvenile charged with an offense punishable by death, reclusion perpetua or life imprisonment shall be admitted to bail when evidence of guilt is strong.

Sec. 18. Care of Juveniles in Conflict with the Law.– The juvenile charged with having committed a delinquent act, held for trial or while the case is pending appeal, if unable to furnish bail or is denied bail, shall, from the time of his being taken into custody, be committed by the Family Court to the care of the DSWD, a youth detention center, or a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the said court. The center or agency concerned shall be responsible for the juvenile’s appearance in court whenever required. In the absence of any such center or agency within a reasonable distance from the venue of the trial, the juvenile shall be detained in the provincial, city or municipal jail which shall provide adequate quarters for the juvenile separate from adult detainees and detainees of the opposite sex.

Sec. 19. Case Study Report.– After the institution of the criminal action, the social worker of the Family Court shall immediately undertake a case study of the juvenile and his family, his environment and such other matters relevant to the proper disposition of the case. His report shall be submitted within the period fixed by the Family Court, preferably before arraignment, to aid it in the proper disposition of the case.

Sec. 20. Diversion Proceedings Before Arraignment.– Where the maximum penalty imposed by law for the offense with which the juvenile in conflict with the law is charged is imprisonment of not more than six (6) months, regardless of fine or fine alone regardless of amount, and the corresponding complaint or information is filed with the Family Court, the case shall not be set for arraignment; instead, it shall forthwith be referred to the Diversion Committee which shall determine whether the juvenile can be diverted and referred to alternative measures or services offered by non-court institutions. Pending determination by the Committee, the court shall deliver the juvenile on recognizance to the custody of his parents or legal guardian who shall be responsible for the presence of the juvenile during the diversion proceedings.

Sec. 21. Diversion Committee.– In each Family Court, there shall be a Diversion Committee to be composed of its branch clerk of court as chairperson, and the prosecutor, a lawyer of the Public Attorney’s Office and the social worker assigned to the said Family Court as members.

The chairperson of the Committee shall call for a conference with notice to the juvenile, his parents/legal guardian and his counsel, and the private complainant and his counsel, and recommend to the Family Court whether the juvenile should be diverted to a diversion program or undergo formal court proceedings. In making its recommendation, the Committee shall consider the following factors:

a) The record of the juvenile on his conflict with the law;b) Whether the imposable maximum penalty of the offense is more than six (6) months, regardless of

fine; or only a fine, regardless of amount; c) Whether the juvenile is an obvious threat to himself and/or the community;d) Whether the juvenile is unrepentant;e) Whether the juvenile or his parents are indifferent or hostile; andf) Whether the juvenile’s relationships with his peers increase the possibility of delinquent behavior.

If the Committee recommends diversion, it shall submit the diversion program for the juvenile for the consideration and approval of the court.

The Committee cannot recommend diversion should the juvenile or the private complainant object thereto. If no

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diversion program is recommended, the court shall include the case in its calendar for formal proceedings.

Consent to diversion by the juvenile or payment by him of civil indemnity shall not in any way be construed as admission of guilt and used as evidence against him in the event that his case is included in the court calendar for formal proceedings.

Sec. 22. Diversion Programs.– The diversion program designed by the Committee shall be distinct to each juvenile in conflict with the law limited for a specific period. It may include any or a combination of the following:

a) Written or oral reprimand or citation;b) Return of property;c) Payment of the damage caused;d) Written or oral apology;e) Guidance and supervision orders;f) Counseling for the juvenile and his family;g) Training, seminars and lectures on

(i) anger management skills; (ii) problem-solving and/or conflict resolution skills; (iii) values formation; and (iv) other skills that will aid the juvenile to properly deal with situations that can lead to a repetition of the offense;

h) Participation in available community-based programs;i) Institutional care and custody; orj) Work-detail program in the community.

Sec. 23. Hearing of Diversion Program.– The Family Court shall set the recommendation and diversion program for hearing within ten (10) days from receipt thereof.

Sec. 24. Undertaking.– In all cases where a juvenile in conflict with the law is given the benefit of a diversion program, an undertaking describing the program shall be signed by him, his parents or legal guardian and the complainant, and approved by the Family Court. The program, which shall be enforced under the supervision and control of the Family Court, shall contain the following terms and conditions:

a) The juvenile shall present himself to the social worker of the Family Court that approved the diversion program at least once a month for evaluation of its effectiveness. Whenever the juvenile is permitted to reside in a place under the jurisdiction of another Family Court, control and supervision over him shall be transferred to the Family Court of that place, and in such case, a copy of the undertaking, the intake and case study reports and other pertinent records shall be furnished the said court. Thereafter, the Family Court to which jurisdiction over the juvenile is transferred shall have the power with respect to the latter that was previously possessed by the Family Court that approved the diversion and such other conditions as the Committee may deem just and proper under the circumstances.

b) The juvenile shall faithfully comply with the terms and conditions in the undertaking. His non-compliance shall be referred by the Committee to the Family Court where the case has been transferred for a show-cause hearing with notice to the juvenile and private complainant. The court shall determine whether the juvenile should continue with the diversion program or his case returned to the original court for formal proceedings.

The Family Court shall exert its best efforts to secure satisfaction of the civil liability of the juvenile and his parents or guardian. However, inability to pay the said liability shall not by itself be a ground to discontinue the diversion program of the juvenile.

Sec. 25. Closure Order.– The juvenile subject of diversion proceedings shall be visited periodically by the Family Court social worker who shall submit to the Committee his reports thereon. At any time before or at the end of the diversion period, a report recommending closure or extension of diversion, as the case may be, shall be filed by the Committee with the Family Court. The report and recommendation shall be heard by the Family Court within fifteen (15) days from its receipt thereof, with notice to the members of the Committee, the juvenile and his parents or legal guardian and counsel and the complainant to determine whether the undertaking has been fully and satisfactorily complied with. If the juvenile has complied with his undertaking, the Family Court shall issue the corresponding closure order terminating the diversion program. It may, however, extend the period of diversion to give the juvenile a further chance to be rehabilitated. In the event the court finds that the diversion program will no longer serve its purpose, it shall include the case of the juvenile in its calendar for formal proceedings.

Sec. 26. Duty of the Family Court to Protect the Rights of the Juvenile.– In all criminal proceedings in the Family Court, the judge shall ensure the protection of the following rights of the juvenile in conflict with the law:

a) To be presumed innocent until the contrary is proved beyond reasonable doubt;b) To be informed promptly and directly of the nature and cause of the charge against him, and if appropriate,

through his parents or legal guardian;

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c) To be present at every stage of the proceedings, from arraignment to promulgation of judgment. The juvenile may, however, waive his presence at the trial pursuant to the stipulations set forth in his bail, unless his presence at the trial is specifically ordered by the court for purposes of identification. The absence of the juvenile without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat. When the juvenile under custody escapes, he shall be deemed to have waived his right to be present in all subsequent hearings until custody over him is regained;

d) To have legal and other appropriate assistance in the preparation and presentation of his defense; e) To testify as a witness in his own behalf and subject to cross-examination only on matters covered by direct

examination, provided that the Rule on the Examination of a Child Witness shall be observed whenever convenient and practicable.

The juvenile shall not be compelled to be a witness against himself and his silence shall not in any manner prejudice him;

f) To confront and cross-examine the witnesses against him;g) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in

his behalf;h) To have speedy and impartial trial, with legal or other appropriate assistance and preferably in the presence of

his parents or legal guardian, unless such presence is considered not to be in the best interests of the juvenile taking into account his age or other peculiar circumstances;

i) To appeal in all cases allowed and in the manner prescribed by law; j) To be accorded all the rights under the Rule on Examination of a Child Witness; and k) To have his privacy fully respected in all stages of the proceedings.

Sec. 27. Arraignment and Plea.– The provisions of Rules 116 and 117 of the Revised Rules of Criminal Procedure shall apply to the arraignment of the juvenile in conflict with the law. The arraignment shall be scheduled within seven (7) days from the date of the filing of the complaint or information with the Family Court, unless a shorter period is provided for by law.

Arraignment shall be held in chambers and conducted by the judge by furnishing the juvenile a copy of the complaint or information, reading the same in a language or dialect known to and understood by him, explaining the nature and consequences of a plea of guilty or not guilty and asking him what his plea is.

Sec. 28. Pre-trial.– The provisions of Rule 118 of the Revised Rules of Criminal Procedure shall govern the pre-trial of the juvenile in conflict with the law. Agreements or admissions made during the pre-trial conference shall be in writing and signed by the juvenile, his parents or guardian and his counsel; otherwise, they cannot be used against him.

Whenever possible and practicable, the Family Court shall explore all possibilities of settlement of the case, except its criminal aspect. Plea bargaining shall be resorted to only as a last measure when it will serve the best interests of the juvenile and the demands of restorative justice.

Sec. 29. Trial.– All hearings shall be conducted in a manner conducive to the best interests of the juvenile and in an environment that will allow him to participate fully and freely in accordance with the Rule on Examination of a Child Witness.

Sec. 30. Guiding Principles in Judging the Juvenile.– Subject to the provisions of the Revised Penal Code, as amended, and other special laws, the judgment against a juvenile in conflict with the law shall be guided by the following principles:

1. It shall be in proportion to the gravity of the offense, and shall consider the circumstances and the best interests of the juvenile, the rights of the victim, the needs of society in line with the demands of restorative justice.

2. Restrictions on the personal liberty of the juvenile shall be limited to the minimum. Where discretion is given by law to the judge to determine whether the penalty to be imposed is fine or imprisonment, the imposition of the former should be preferred as the more appropriate penalty.

3. No corporal punishment shall be imposed.

Sec. 31. Promulgation of Sentence.– If after trial the Family Court should find the juvenile in conflict with the law guilty, it shall impose the proper penalty, including any civil liability which the juvenile may have incurred, and promulgate the sentence in accordance with Section 6, Rule 120 of the Revised Rules of Criminal Procedure.

Sec. 32. Automatic Suspension of Sentence and Disposition Orders.– The sentence shall be suspended without need of application by the juvenile in conflict with the law. The court shall set the case for disposition conference within fifteen (15) days from the promulgation of sentence which shall be attended by the social worker of the Family Court, the juvenile, and his parents or guardian ad litem. It shall proceed to issue any or a combination of the following disposition measures best suited to the rehabilitation and welfare of the juvenile:

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1. Care, guidance, and supervision orders;2. Community service orders;3. Drug and alcohol treatment;4. Participation in group counseling and similar activities;5. Commitment to the Youth Rehabilitation Center of the DSWD or other centers for juveniles in conflict with the

law authorized by the Secretary of the DSWD.

The Social Services and Counseling Division (SSCD) of the DSWD shall monitor the compliance by the juvenile in conflict with the law with the disposition measure and shall submit regularly to the Family Court a status and progress report on the matter. The Family Court may set a conference for the evaluation of such report in the presence, if practicable, of the juvenile, his parents or guardian, and other persons whose presence may be deemed necessary.

The benefits of suspended sentence shall not apply to a juvenile in conflict with the law who has once enjoyed suspension of sentence, or to one who is convicted of an offense punishable by death, reclusion perpetua or life imprisonment, or when at the time of promulgation of judgment the juvenile is already eighteen (18) years of age or over.

Sec. 33. Discharge of Juvenile Subject of Disposition Measure.– Upon the recommendation of the SSCD and a duly authorized officer of the DSWD, the head of an appropriate center or the duly accredited child-caring agency which has custody over the juvenile, the Family Court shall, after due notice to all parties and hearing, dismiss the case against the juvenile who has been issued disposition measures, even before he has reached eighteen (18) years of age, and order a final discharge if it finds that the juvenile has behaved properly and has shown the capability to be a useful member of the community.

If the Family Court, however, finds that the juvenile has not behaved properly, has been incorrigible, has not shown the capability of becoming a useful member of society, has willfully failed to comply with the conditions of his disposition or rehabilitation program, or should his continued stay in the training institution where he has been assigned be not in his best interests, he shall be brought before the court for execution of his judgment.

If the juvenile in conflict with the law has reached the age of eighteen (18) years while in commitment, the Family Court shall determine whether to dismiss the case in accordance with the first paragraph of this Section or to execute the judgment of conviction. In the latter case, unless the juvenile has already availed of probation under Presidential Decree No. 603 or other similar laws, he may apply for probation if qualified under the provisions of the Probation Law.

The final release of the juvenile shall not extinguish his civil liability. The parents and other persons exercising parental authority over the juvenile shall be civilly liable for the injuries and damages caused by the acts or omissions of the juvenile living in their company and under their parental authority subject to the appropriate defenses provided by law.

Sec. 34. Probation as an Alternative to Imprisonment.– After promulgation of sentence and upon application at any time by the juvenile in conflict with the law within the period to appeal, the Family Court may place the juvenile on probation, if he is qualified under the Probation Law.

Sec. 35. Credit in Service of Sentence.– The juvenile in conflict with the law who has undergone preventive imprisonment shall be credited in the service of his sentence consisting of deprivation of liberty, with the full time during which he has undergone preventive imprisonment, if he agrees voluntarily in writing to abide by the same or similar disciplinary rules imposed upon convicted prisoners, except in any of the following cases:

1. When the juvenile is a recidivist or has been convicted previously twice or more times of any crime; or2. When upon being summoned for execution of sentence, he failed to surrender voluntarily.

If the juvenile does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. Whenever the juvenile has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which the juvenile may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.

Any form of physical restraint imposed on the juvenile in conflict with the law, including community service and commitment to a rehabilitation center, shall be considered preventive imprisonment.

Sec. 36. Confidentiality of Proceedings and Records.– All proceedings and records involving juveniles in conflict with

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the law from initial contact until final disposition of the case by the Family Court shall be considered privileged and confidential. The public may be excluded from the proceedings and, pursuant to the provisions of Section 31 of the Rule on Examination of a Child Witness, the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever, except to determine if the juvenile may have his sentence suspended under Section 25 of this Rule or if he may be granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action.

The Family Court shall take other measures to protect this confidentiality of proceedings including non-disclosure of records to the media, the maintenance of a separate police blotter for cases involving juveniles in conflict with the law and the adoption of a system of coding to conceal material information, which will lead to the juvenile’s identity. Records of juveniles in conflict with the law shall not be used in subsequent proceedings or cases involving the same offender as an adult.

Sec. 37. Non-liability for perjury or concealment or misrepresentation.– Any person who has been in conflict with the law as a juvenile shall not be held guilty of perjury or of concealment or misrepresentation by reason of his failure to acknowledge the case or recite any fact related thereto in response to any inquiry made to him for any purpose.

Sec. 38. Sealing of Records.– The Family Court motu proprio, or on application of a person who has been adjudged a juvenile in conflict with the law, or if still a minor, on motion of his parents or legal guardian, shall, upon notice to the prosecution and after hearing, order the sealing of the records of the case if it finds that two (2) years have elapsed since the final discharge of the juvenile after suspension of sentence or probation, or from the date of the closure order and he has no pending case of an offense or a crime involving moral turpitude. Upon entry of the order, the case shall be treated as if it never occurred. All index references shall be deleted and in case of inquiry, the Family Court, prosecution, law enforcement officers and all other offices and agencies that dealt with the case shall reply that no record exists with respect to the juvenile concerned. Copies of the order shall be sent to these officials and agencies named in the order. Inspection of the sealed records thereafter may be permitted only by order of the Family Court upon petition of the juvenile who is the subject of the records or of other proper parties. This procedure shall be without prejudice to the rule on destruction of video or audio tapes under Section 31 of the Rule on the Examination of a Child Witness.

Sec. 39. Prohibition Against Labeling.– In the conduct of proceedings from initial contact with the juvenile in conflict with the law to the final disposition of the case, there shall be no branding or labeling of the latter as a young criminal, juvenile delinquent, prostitute, vagrant, or attaching to him in any manner any derogatory name. Likewise, no discriminatory remarks and practices shall be allowed, particularly with respect to the juvenile’s social or economic status, physical disability or ethnic origin.

Sec. 40. Contempt Powers.– A person who directly or indirectly disobeys any order of the Family Court or obstructs or interferes with its proceedings or the enforcement of its orders issued under this Rule shall be liable for contempt of court.

Sec. 41. Effectivity.– This rule shall take effect on April 15, 2002 after its publication in a newspaper of general circulation not later than March 15, 2002.

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SC AM NO. 02-1-19-SCRules on Commitment of Children

RE: PROPOSED RULE ON COMMITMENT OF CHILDREN

Acting on the letter of the chairman of the committee on revision of the rules of court submitting for this court's consideration and approval the proposed rule on commitment of children, the court resolved to approve the same.

The rule shall take effect on April 15, 2002 following its publication in a newspaper of general circulation not later than March 15, 2002.

February 28, 2002.

(SGD.) HILARIO G. DAVIDE, JR.Chief Justice

(SGD.) JOSUE N. BELLOSILLO (SGD) JOSE A.R. MELOAssociate Justice Associate Justice

(SGD.) REYNATO S. PUNO (SGD.) JOSE C. VITUGAssociate Justice Associate Justice

(SGD.) SANTIAGO M. KAPUNAN (SGD.) VICENTE V. MENDOZAAssociate Justice Associate Justice

(SGD.) ARTEMIO V. PANGANIBAN (SGD.) LEONARDO A. QUISUMBINGAssociate Justice Associate Justice

(SGD.) ARTURO BUENA (SGD.) CONSUELO YNARES-SANTIAGOAssociate Justice Associate Justice

(SGD.) SABINO DE LEON, JR. (SGD.) ANGELINA SANDOVAL-GUTIERREZAssociate Justice Associate Justice

(SGD.) ANTONIO T. CARPIOAssociate Justice

Rule on Commitment of Children

SECTION 1. Objective, -The objective of this Rule is to ensure that every effort is exerted to promote the child's welfare and enhance his opportunities for a useful and happy life, Toward this end, this Rule seeks to protect the child from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to his development.

SEC. 2. Interpretation. -The best interests of the child shall be the paramount consideration in all actions concerning him, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities and legislative bodies consistent with the United Nations Convention on the Rights of the Child,

SEC. 3. Definition of Terms. -

(a) "Child" is a person below eighteen years of age.

(b) "Department" refers to the Department of Social Welfare and Development,

(c) "Dependent child" is one who is without a parent, guardian or custodian, or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody, and is dependent upon the public for support.

(d) "Abandoned child" is one who has no proper parental care or guardianship, or whose parents or guardian has deserted him for a period of at least six (5) continuous months.

(e) "Neglected child" is one whose basic needs have been deliberately unattended to or inadequately attended to, physically or emotionally, by his parents or guardian.

(f) "Physical neglect" occurs when the child is malnourished, ill-clad and without proper shelter.

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(g) "Emotional neglect" occurs when a child is raped, seduced, mal-treated, exploited, overworked or made to work under conditions not conducive to good health; made to beg in the streets or public places, or when placed in moral danger, or exposed to drugs, alcohol, gambling, prostitution and other vices.

(h) "Disabled child" includes mentally retarded, physically handicapped,

emotionally disturbed and mentally ill children, children with cerebral palsy and those with similar afflictions.

(i) "Mentally retarded child" is one who is (1) socially incompetent, that is, socially inadequate, occupational^ incompetent and unable to manage his own affairs; (2) mentally subnormal; (3) intellectually retarded from birth or early age; (4) retarded at maturity; (5) mentally deficient as a result of constitutional origin through heredity or diseases or (6) essentially incurable.

(j) "Physically handicapped child" is one who is crippled, deaf-mute, blind, or otherwise suffers from a defect which restricts his means of action or communication with others.

(k) "Emotionally disturbed child" is one who, although not afflicted with insanity or mental defect, is unable to maintain normal social relations with others and the community in general due to emotional problems or complexes.

(I) "Mentally ill child" is one with any behavioral disorder, whether functional or organic, which is of such a degree of severity as to require professional help or hospitalization.

(m) "Commitment" or "surrender of a child" is the legal act of entrusting a child to the care of the Department or any duly licensed child- placement or child-caring agency or individual by the court, parent or guardian or any interested party.

(n) "Involuntarily committed child" is one whose parents have been permanently and judicially deprived of parental authority due to abandonment; substantial, continuous, or repeated neglect; abuse; or incompetence to discharge parental responsibilities in accordance with Section 4 herein.

(o) "Voluntarily committed child" is one whose parents knowingly and willingly relinquished parental authority to the Department or any duly licensed child-placement or child-caring agency or individual in accordance with Section 3 herein.

(p) "Child-placing or child-placement agency" refers to a private non-profit or charitable institution or government agency duly licensed and accredited by (he Department to provide comprehensive child welfare services, including but not limited to, receiving applications for adoption or foster care, evaluating the prospective adoptive or foster parents and preparing the home study report.

(q) "Child-caring agency" refers to a private non-profit or charitable institution or government agency duly licensed and accredited by the Department that provides twenty-four hour residential care services for abandoned, orphaned, neglected, involuntarily or voluntarily committed children.

(r) "Guardian ad litem is a person appointed by the court where the case is pending for a child sought to be committed to protect his best interests.

(s) "Case Study Report" is a written report of the result of an investigation conducted by a social worker as to the socio-cultural, economic and legal status or condition of the child sought to be committed. It shall include among others his developmental age, educational attainment, family and social relationships, the quality of his peer group, his family's strengths and weaknesses and parental control over him. The report is submitted to the Family Court to aid it in its evaluation of whether the child ought to be committed to the care of the Department or any duly licensed child-placement or child-caring agency or individual.

SEC. 4. –

(a) Who may file. - The Secretary of the Department or his authorized representative or any duly licensed child-placement or child-caring agency having knowledge of a child who appears to be dependent, abandoned or neglected, may file a verified petition for involuntary commitment of said child to the care of any duly licensed child-placement or child-caring agency or individual.

(b) Venue. - The petition shall be filed with the Family Court of the province or city in which the parent or guardian resides or where the child is found.

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(c) Contents of Verified Petition. -The petition must state:

1. The names of the parents or guardian and their place of residence. If the child's parents are unknown, petitioner must allege that diligent efforts have been exerted to locate them. It said parents are deceased, petitioner shall attach a certified true copy of their death certificate;

2. The facts showing that the child is dependent, abandoned, or neglected;3. The facts showing who has custody of the child at the time of the filing of the petition; and4. The name, address and written consent of the Department or duly licensed child-placement or child-caring

agency or individual to whose care the commitment of the child is sought to be entrusted.

(d) Summons; Court to Set Time for Hearing. - If the court is satisfied that the petition is sufficient in form and substance, it snail direct the clerk of court to immediately issue summons which shall be served together with a copy of the petition and a notice of hearing, upon the parents or guardian of the child and the office of the public prosecutor not less than five (5) days before the date of the hearing. The office of the public prosecutor shall be directed to immediately transmit the summons to the prosecutor assigned to the Family Court concerned.

If it appears from the petition that both parents of the child are dead or that neither parent can be found in the province or city where the court is located and the child has no guardian residing therein, summons may not be issued and the court shall thereupon appoint a guardian ad litem pursuant to Sub-section (f) below and proceed with the hearing of the case with due notice to the provincial or city prosecutor.

(e) Social Worker. - After the court sets the petition for hearing in accordance with Sub-section (d) above, it shall direct the social worker to submit, before the hearing, a case study report of the child to aid it in evaluating whether said child should be committed to the care of the Department or any duly licensed child-placement or child-caring agency or individual. The report shall bear the signature of the social worker on every page.

(f) Guardian Ad Litem of Child. - If neither of the parents nor the guardian of the child can be located or does not appear in court despite due notice, or if the court finds them incompetent to protect the best interests of the child, it shall be the duty of the court to appoint a suitable person as guardian ad litem to represent the child. In making the appointment, the court shall consider the background of the guardian ad litem and his familiarity with the judicial process, social service programs and child development. A member of the Philippine Bar may be appointed guardian ad litem.

(g) Child's Right to Counsel - The court, upon request of the child capable of forming his own views or upon request of his guardian ad litem, shall appoint a lawyer to represent him in the proceedings.

(h) Duty of Public Prosecutor. - The provincial or "city prosecutor shall appear for the State and ascertain if there has been due notice to all parties concerned and that there is justification for the declaration of dependency, abandonment or neglect.

(i) Hearing. - The court shall direct the person or agency which has custody of the child to bring the latter to the court on the date of the hearing of the petition and shall ascertain the facts and determine whether the child is dependent, abandoned, or neglected, and if so, the-cause and circumstances of such condition.

(j) Judgment. - If, after the hearing, the court shall find the child to be dependent, abandoned, or neglected, it shall render judgment committing him to the care and custody of the Department or any duly licensed child-placement or child-caring agency or individual until he reaches the age of eighteen (18), The judgment shall likewise make proper provisions for the custody of the property or money belonging to the committed child.

If the child is committed to the Department, it shall notify the court within thirty (30) days from the order of commitment, the name and address of the duly licensed and accredited child-placement or child-caring agency or individual where the child shall be placed.

However, if the court finds that the abandonment or neglect of the child may be remedied, the child may be allowed to stay in his own home under the care and control of his parents or guardian, subject to supervision and direction of the Department.

(k) Visitation or Inspection. - Any duly licensed child-placement or child-caring agency or individual to whom a child has been committed by the court shall be subject to visitation or inspection by a representative of the court or of the Department, as the case may be or of both, to determine whether the welfare and interests of the child are being served,

(l) Report of Person or Institution. - Any duly licensed child-placement or child-caring agency or individual to whom a

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child has been committed by judicial order may at any time be required by the court to submit a report, containing all necessary information for determining whether the welfare of the child is being served.

(m) Temporary Custody of Child. - The duly licensed child-placement or child-caring agency or individual to whom a child has been committed may file a verified motion with the court which granted the petition for involuntary commitment of a child to place him in the care of any suitable person, upon the latter's request, for a period not exceeding one month at a time. The court may order the social worker to submit a case study report to aid it in evaluating whether such temporary custody shall be for the best interests of the child. The period of temporary custody of the child may be extended by the court for a period not exceeding one month at a time upon motion of the duly licensed child-placement or child-caring agency or individual to which the child has been committed.

The court, motu proprio, or upon request of the child assisted by his guardian ad litem, or at the instance of the agency or person to whom the child was committed, after due notice and hearing, shall discontinue the temporary custody of the child if it appears that he is not being given proper care.

After one month from the date temporary custody of the child was given to another suitable person, the agency or individual shall submit to the court a verified report on whether the temporary custody of the child has promoted his best interests.

(n) Change of Custody. - If the child is committed to the Department, it shall have the authority to change the custody o! a child it had placed with any duly licensed child-placement or child-caring agency or individual if it appears that such change is for the best interests of the child. The Department shall notify the court of any change in custody of the child,

When conflicting interests arise among child-placement or child-caring agencies, the court which granted the involuntary commitment of the child, upon motion of the Department or any of the agencies concerned, shall order the change of commitment of the child.

(o) Removal of Custody. - A motion to remove custody of a child may be filed by an authorized representative of the Department with knowledge of the facts against a child-placement or child-caring agency or individual to whose custody a child has been committed by the court on the ground of neglect of such child as defined in Section 3 (e) of this Rule. The court shall set the motion for hearing with notice to the public prosecutor and the court-designated social worker. If the court finds after hearing that the allegations of the motion have been established and that it is for the best interests and welfare of the child, the court shall issue an order removing him from the custody of the person or agency, as the case may be, and committing him to the custody of another duly licensed child-placement or child-caring agency or individual.

In the same proceeding, the court may suspend or revoke the license of the agency or individual found guilty of such neglect depending upon the gravity or frequency of the offense.

(p) Restoration of Parental Authority After Involuntary Commitment. -

(i) Who may file; Ground. - The parents or guardian of a child committed to the care of a person, agency or institution by judicial order may file a verified motion for the restoration of his rights over the child with the court which granted the involuntary commitment on the ground that he is now able to take proper care and custody of said child, provided, however, that the child has not yet been adopted.

(ii) Notice of Hearing. - The court shall fix the time and date for the hearing of the motion, which shall not be earlier than thirty (30) days nor later than sixty (60) days from the date of the filing of said motion and cause notice of the hearing to be sent to the person, agency or institution to which the child has been committed, the public prosecutor and the court-designated social worker, at least five (5) days before the date of hearing.

(iii) Hearing. - At the hearing, any person may be allowed to intervene at the discretion of the court to contest the right to the relief demanded. Witnesses may be called and examined by the parties or by the court motu proprio.

(iv) Resolution. - If it is found that the cause for the commitment of the child no longer exists and that the movant is already able to take proper care and custody of the child, the court, after taking into consideration the best interests and the welfare of the child, shall issue a resolution terminating the parental authority of the person, agency or institution to whom the child was committed by judicial order and restoring parental authority to the movant,

q) Jurisdiction for Prosecution of Punishable Acts. - The Family Court which granted the involuntary commitment shall have jurisdiction over the prosecution of a child who left without prior permission from the person or institution to which he has been judicially committed or the person under whose custody he has been judicially committed in accordance with Sub-section (m) of Section 4 of this Rule. It shall likewise have jurisdiction over the person who induced the child to leave such person or institution, except in case of actual or imminent grave physical or moral danger to the child. The Family Court which granted the involuntary commitment shall also have jurisdiction over the

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prosecution of parents or guardians of the child who may be held liable under Articles 59 and 60 of P.D. No. 603 and Sections 9, 10 and 31 of R.A. No. 7610.

SEC. 5. Voluntary Commitment of a Child to an Institution or Individual. - The parent or guardian of a dependent, abandoned or neglected child may voluntarily commit him to the Department or any duly licensed child- placement or child-caring agency or individual subject to the rules of the Department. However, no child shall be committed unless he is surrendered in writing by his parents or guardian stating such voluntary commitment and specifically naming the office, agency, or individual to whose custody the child is to be committed. Such written instrument should be notarized and signed in the presence of an authorized representative of the Department after counseling and other services have been made available to encourage the child's parents to keep the child.

(a) Petition for Removal of Custody. -

(i) Who may file; Ground. - The parents or guardian who voluntarily committed the child, or in their absence or failure, any person with knowledge of the facts, may file a verified petition to remove custody of the child against the child-placement or child-caring agency or individual to whose custody the child has been voluntarily committed on the ground of neglect of such child as defined in Section 3 (e) of this Rule. A child may also be removed from the custody of the child-placement or child-caring agency or individual on the ground that the voluntary commitment of the child was unjustified.

(ii) Venue. - The petition shall be filed with the Family Court of the province or city where the child-placement or child-caring agency to which the child has been voluntarily committed is located or where the child may be found.

Contents of Verified Petition - The petition must state:

The name and address of the child-placement or child-caring agency or individual to whose custody the child has been voluntarily committed;

The facts showing that the child has been neglected by the agency or in cases where the voluntary commitment was unjustified, that the parents of the child are actually capable of taking care and custody of the child;

The name, address and written consent of the duly licensed child-placement or child-caring agency or individual to whose care the child may be transferred.

The facts showing that petitioner has exhausted the administrative remedies available to him,

(iv) Notice of Hearing. - If the petition is sufficient in form and substance, the court shall set the same for hearing with notice to the Department, the public prosecutor, the court-designated social worker, the agency or individual to whom the child has been committed and in appropriate cases, the parents of the child.

(v) Judgment. - If after hearing the court finds that the allegations of the petition have been established and that it is for the best interests and welfare of the child, it shall issue an order removing the child from the custody of the person or agency concerned, and committing him to the custody of another duly licensed child-placement or child-caring agency or individual.

The court, in the same proceeding may, after hearing the comment or recommendation of the Department, suspend or revoke the license of the agency or individual found guilty of such neglect depending upon the gravity or frequency of the offense.

(b) Restoration of Parental Authority After Voluntary Commitment. - The restoration of rights of the parent or guardian over the child who has been voluntarily committed shall be governed by the rules of the Department, provided, however, that the petition for restoration is filed within six (6) months from the date of voluntary commitment. In case the Department refuses to grant legal custody and parental authority to the parent or guardian over the child who has been voluntarily committed to an agency or individual, the parent or guardian may file a petition in court for restoration of parental authority in accordance with Section 4 (p) of this Rule.

(c) Jurisdiction for Prosecution of Punishable Acts. - The Family Court of the place where the child may be found or where the duly licensed child-placement or child-caring agency or individual is located shall have jurisdiction over the prosecution of a child who left without prior permission from the person or institution to which he has been voluntarily committed. It shall likewise have jurisdiction over the person who induced the child to leave such person or institution, except in case of grave actual or imminent physical or moral danger, to the child. The same Family Court shall also have jurisdiction over the prosecution of parents or guardians of the child who may be held liable under Articles 59 and 60 of P.O. No, 603 and Sections 9, 10 and 31 of R.A. No. 7610.

SEC. 6. Petition for Commitment of a Disabled Child. -

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(a) Who may file. - Where a child appears to be mentally retarded physically handicapped, emotionally disturbed, mentally ill, with cerebral palsy or with similar afflictions and needs institutional care but his parents or guardians are opposed thereto, the Department, or any duly licensed child-placement or child-caring agency or individual may file a verified petition for commitment of the said child to any reputable institution providing care, training and rehabilitation for disabled children.

The parents or guardian of the child may file a similar petition in case no immediate placement can be arranged for the disabled child when his welfare and interests are at stake,

(b) Venue. - The petition for commitment of a disabled child shall be filed with the Family Court of the place where the parent or guardian resides or where the child is found.

(c) Contents of Verified Petition. - The petition for commitment must stale the following:(1) The facts showing that the child appears to be mentally retarded, physically handicapped, emotionally disturbed, mentally ill, with cerebral 'palsy or with similar afflictions and needs institutional care;

(2) The name of the parents and their residence, if known, or if the child has no living parent, the name and residence of the guardian, if any; and

(3) The fact that the parents or guardian or any duty licensed disabled child-placement or child-caring agency, as the case may be, has opposed the commitment of such child;

(4) The name and written conformity of the institution where the child is to be committed.

(5) An estimate of the costs and other expenses of maintaining the child in the institution.

The verified petition shall be sufficient if based upon the personal knowledge of the petitioner.

(d) Order of Hearing; Notice. - If the petition filed is sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix the date of the hearing thereof, and a copy of such order shall be served on the child alleged to be mentally retarded, physically handicapped, emotionally disturbed, mentally ill, with cerebral palsy or with similar afflictions and on the person having charge of him or any of his relatives residing in the province or city as the court may deem proper.

The order shall also direct the sheriff or any other officer of the court to produce, if necessary, the alleged disabled child on the date of the hearing.

(e) Hearing and Judgment. - If the court finds that the allegations of the petition have been established and that institutional care of the child is for his best interests or the public welfare and that his parents, or guardian or relatives are unable for any reason whatsoever to take proper care of him, the court shall order his commitment to the proper institution for disabled children. The court shall likewise make proper provisions for the custody of the property or money belonging to the committed child.

The expense of maintaining a disabled child in the institution to which he has been committed shall be borne primarily by the parents or guardian and secondarily, by such disabled child, if he has property of his own.

In all cases where the expenses for the maintenance of the disabled child cannot be paid in accordance with the immediately preceding paragraph, the Department shall bear the expenses, or such part thereof as may remain unpaid.

The court shall furnish the institution to which the child has been committed with a copy of its judgment, together with ail the reports and other data pertinent to the case.

(f) Discharge of Judicially Committed Disabled Child. - Upon motion of the parent, guardian or institution to which the child has been judicially committed under this Rule, the court, after hearing, shall order the discharge of such child if it is established and certified by the Department that:(1) He is no longer a danger to himself and the community;

(2) He has been sufficiently rehabilitated from his physical handicap or if of working age, is already fit to engage in gainful occupation; or

(3) He has been sufficiently relieved of his psychological, mental and emotional problems and is ready to assume normal social relations,

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SEC. 7. Effectivity. - This rule shall take effect on April 15, 2002 after its publication in a newspaper of general circulation not later than March 15, 2002.

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SC AM No. 02-2-07-SCAmendments to Rule 110, Sec. 5

EN BANCR E S O L U T I O N

RE: PROPOSED AMENDMENTS TO SECTION 5, RULE 110 OF THE REVISED RULES OF CRIMINAL PROCEDURE

          Acting on the Memorandum dated 2 February 2002 of Court Administrator Prosbitero J. Velasco, Jr. submitting for this Court's consideration and approval the proposed amendment to Sec. 5, Rule 110 of the Revised Rules of Criminal Procedure, the Court Resolved to APPROVE the amendment to Sec. 5, Rule 110 so as to read as follows:

          "Section 5. Who must prosecute criminal action. - All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. x x x ."

          This amendment to Rule 110 shall take effect on the first day of May 2002 following its publication in two newspapers of general circulation on or before 30 April 2002.

          April 10, 2002.

Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Ynares-Santiago, De Leon, Jr., Sandoval-Gutierrez and Carpio JJ., concur.

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SC AM No. 03-1-09-SC

RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE- TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES RESOLUTION

The use of pre-trial and the deposition-discovery measures are undeniably important and vital components of case management in trial courts. To decongest court dockets, and to further implement the pre-trial guidelines laid down in Administrative Circular No. 3-99 dated January 15, 1999 and except as otherwise specifically provided for in other special rules, the following guidelines are issued for the observance and guidance of trial judges and clerks of court: decongest court dockets, and to further implement the pre-trial guidelines laid down in Administrative Circular No. 3-99 dated January 15, 1999 and except as otherwise specifically provided for in other special rules, the following guidelines are issued for the observance and guidance of trial judges and clerks of court:

I. PRE-TRIAL

A. CIVIL CASES

1. Within one day from receipt of the complaint:

1.1 Summons shall be prepared and shall contain a reminder to defendant to observe restraint in filing a motion to dismiss and instead allege the grounds thereof as defenses in the Answer, in conformity with IBP-OCA Memorandum on Policy Guidelines dated March 12, 2002.  A copy of the summons is hereto attached as Annex “A;” and

1.2 The court shall issue an order requiring the parties to avail of interrogatories to parties under Rule 25 and request for admission by adverse party under Rule 26 or at their discretion make use of depositions under Rule 23 or other measures under Rules 27 and 28 within five days from the filing of the answer.1 A copy of the order shall be served upon the defendant together with the summons and upon the plaintiff.

Within five (5) days from date of filing of the reply,2 the plaintiff must promptly move ex parte that the case be set for pre-trial conference.3 If the plaintiff fails to file said motion within the given period, the Branch COC shall issue a notice of pre-trial.

2.  The parties shall submit, at least three (3) days before the pre-trial, pre-trial briefs containing the following:4a. A statement of their willingness to enter into an amicable settlement indicating the desired terms thereof or to

submit the case to any of the alternative modes of dispute resolution;b. A summary of admitted facts and proposed stipulation of facts;c. The issues to be tried or resolved;d. The documents or exhibits to be presented, stating the purpose thereof. (No evidence shall be allowed to be

presented and offered during the trial in support of a party’s evidence-in-chief other than those that had been earlier identified and pre-marked during the pre-trial, except if allowed by the court for good cause shown);

e. A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners; and

f. The number and names of the witnesses, the substance of their testimonies, and the approximate number of hours that will be required by the parties for the presentation of their respective witnesses.

A copy of the Notice of Pre-trial Conference is hereto attached as Annex “B.”The rule on the contents of the pre-trial brief must strictly be complied with.The parties are bound by the representations and statements in their respective pre-trial briefs.

3.  At the start of the pre-trial conference, the judge shall immediately refer the parties and/or their counsel if authorized by their clients to the PMC mediation unit for purposes of mediation if available.5  If mediation fails, the judge will schedule the continuance of the pre-trial conference.  Before the continuance, the Judge may refer the case to the Branch COC for a preliminary conference to assist the parties in reaching a settlement, to mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison and to consider such other matters as may aid in its prompt disposition.6During the preliminary conference, the Branch COC shall also ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of the documents marked as exhibits. The proceedings during .the preliminary conference shall be recorded in the “Minutes of Preliminary Conference” to be signed by both parties and/or counsel, the form of which is hereto attached as Annex. “C”.

The minutes of preliminary conference and the exhibits shall be attached by the Branch COC to the case record before the pre-trial.

4. Before the continuation of the pre-trial conference, the judge must study all the pleadings of the case, and determine the issues thereof and the respective positions of the parties thereon to enable him to intelligently steer the

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parties toward a possible amicable settlement of the case, or, at the very least, to help reduce and limit the issues. The judge should not allow the termination of pre-trial simply because of the manifestation of the parties that they cannot settle the case. He should expose the parties to the advantages of pre-trial. He must also be mindful that there are other important aspects of the pre-trial that ought to be taken up to expedite the disposition of the case.7

The Judge with all tact, patience, impartiality and with due regard to the rights of the parties shall endeavor to persuade them to arrive at a settlement of the dispute.8 The court shall initially ask the parties and their lawyers if an amicable settlement of the case is possible. If not, the judge may confer with the parties with the opposing counsel to consider the following:

a. Given the evidence of the plaintiff presented in his pre-trial brief to support his claim, what manner of compromise is considered acceptable to the defendant at the present stage?

b. Given the evidence of the defendant described in his pre-trial brief to support his defense, what manner of compromise is considered acceptable to the plaintiff at the present stage?

If not successful, the court shall confer with the party and his counsel separately.

If the manner of compromise is not acceptable, the judge shall confer with the parties without their counsel for the same purpose of settlement.

5. If all efforts to settle fail, the trial judge shall:a. Adopt the minutes of preliminary conference as part of the pre-trial proceedings and confirm markings of

exhibits or substituted photocopies and admissions on the genuineness and due execution of documents;b. Inquire if there are cases arising out of the same facts pending before other courts and order its consolidation

if warranted;c. Inquire if the pleadings are in order. If not, order the amendments if necessary;d. Inquire if interlocutory issues are involved and resolve the same;e. Consider the adding or dropping of parties;f. Scrutinize every single allegation of the complaint, answer and other pleadings and attachments thereto and

the contents of documents and all other evidence identified and pre-marked during pre-trial in determining further admissions of facts and documents.  To obtain admissions, the Court shall ask the parties to submit the depositions taken under Rule 23, the answers to written interrogatories under Rule 25 and the answers to request for admissions by the adverse party under Rule 26. It may also require the production of documents or things requested by a party under Rule 27 and the results of the physical and mental examination of persons under Rule 28;

g. Define and simplify the factual and legal issues arising from the pleadings.  Uncontroverted issues and frivolous claims or defenses should be eliminated. For each factual issue, the parties/counsel shall state all the evidence to support their positions thereon. For each legal issue, parties/counsel shall state the applicable law and jurisprudence supporting their respective positions thereon. If only legal issues are presented, the judge shall require the parties to submit their respective memoranda and the court can proceed to render judgment;9

h. Determine the propriety of rendering a summary judgment dismissing the case based on the disclosures made at the pre-trial or a judgment based on the pleadings, evidence identified and admissions made during pre-trial;10

i. Ask parties to agree on the specific trial dates for continuous trial in accordance with Circular No. 1-89 dated January 19, 1989; adhere to the case flow chart determined by the court, which shall contain the different stages of the proceedings up to the promulgation of the decision and use the time frame for each stage in setting the trial dates. The One-Day Examination of Witness Rule, that is, a witness has to be fully examined in one (1) day only, shall be strictly adhered to subject to the courts’ discretion during trial on whether or not to extend the direct and/or cross-examination for justifiable reasons. On the last hearing day allotted for each party, he is required to make his formal offer of evidence after the presentation of his last witness and the opposing party is required to immediately interpose his objection thereto. Thereafter, the Judge shall make the ruling on the offer of evidence in open court. However the judge has the discretion to allow the offer of evidence in writing in conformity with Section 35, Rule 132;

j. Determine the most important witnesses to be heard and limit the number of witnesses (Most Important Witness Rule). The facts to be proven by each witness and the approximate number of hours per witness shall be fixed;

k. At his discretion, order the parties to use the affidavits of witnesses as direct testimonies subject to the right to object to inadmissible portions thereof and to the right of cross-examination by the other party. The affidavits shall be based on personal knowledge, shall set forth facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. The affidavits shall be in question and answer form, and shall comply with the rules on admissibility of evidence;

l. Require the parties and/or counsel to submit to the Branch COC the names, addresses and contact numbers of the witnesses to be summoned by subpoena;

m. Order the delegation of the reception of evidence to the Branch COC under Rule 30; andn. Refer the case to a trial by commissioner under Rule 32.

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During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all questions or comments by counsel or parties must be directed to the judge to avoid hostilities between the parties.

6. The trial judge shall schedule the pre-trial in the afternoon sessions and set as many pre-trial conferences as may be necessary.

7. All proceedings during the pre-trial shall be recorded. The minutes of each pre-trial conference shall contain matters taken up therein more particularly admissions of facts and exhibits and shall be signed by the parties and their counsel.

8. The judge shall issue the required Pre-Trial Order within ten (10) days after the termination of the pre-trial.  Said Order shall bind the parties, limit the trial to matters not disposed of and control the course of the action during the trial.  A sample Pre-Trial Order is hereto attached as Annex “D.”However, the Court may opt to dictate the Pre-Trial Order in open court in the presence of the parties and their counsel and with the use of a computer, shall have the same immediately finalized and printed. Once finished, the parties and/or their counsel shall sign the same to manifest their conformity thereto.

9. The court shall endeavor to make the parties agree to an equitable compromise or settlement at any stage of the proceedings before rendition of judgment.

B.  CRIMINAL CASES

1. Before arraignment, the Court shall issue an order directing the public prosecutor to submit the record of the preliminary investigation to the Branch COC for the latter to attach the same to the record of the criminal case.Where the accused is under preventive detention, his case shall be raffled and its records transmitted to the judge to whom the case was raffled within three days from the filing of the complaint or information. The accused shall be arraigned within ten days from the date of the raffle. The pre-trial of his case shall be held within ten days after arraignment unless a shorter period is provided for by law.

2. After the arraignment, the court shall forthwith set the pre-trial conference within thirty days from the date of arraignment, and issue an order:(a) requiring the private offended party to appear thereat for purposes of plea-bargaining except for violations of

the Comprehensive Dangerous Drugs Act of 2002, and for other matters requiring his presence;(b) referring the case to the Branch COC, if warranted, for a preliminary conference to be set at least three days

prior to the pre-trial to mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison and to consider other matters as may aid in its prompt disposition; and

(c) informing the parties that no evidence shall be allowed to be presented and offered during the trial other than those identified and marked during the pre-trial except when allowed by the court for good cause shown. A copy of the order is hereto attached as Annex “E”. In mediatable cases, the judge shall refer the parties and their counsel to the PMC unit for purposes of mediation if available.

3. During the preliminary conference, the Branch COC shall assist the parties in reaching a settlement of the civil aspect of the case, mark the documents to be presented as exhibits and copies thereof attached to the records after comparison, ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of documents marked as exhibits and consider such other matters as may aid in the prompt disposition of the case. The proceedings during the preliminary conference shall be recorded in the Minutes of Preliminary Conference to be signed by both parties and counsel. (Please see Annex “B”)The Minutes of Preliminary Conference and the exhibits shall be attached by the Branch COC to the case record before the pre-trial.

4. Before the pre-trial conference the judge must study the allegations of the information, the statements in the affidavits of witnesses and other documentary evidence which form part of the record of the preliminary investigation.

5. During the pre-trial, except for violations of the Comprehensive Dangerous Drugs Act of 2002, the trial judge shall consider plea- bargaining arrangements. Where the prosecution and the offended party agree to the plea offered by the accused, the court shall:a. Issue an order which contains the plea bargaining arrived at;b. Proceed to receive evidence on the civil aspect of the case; andc. Render and promulgate judgment of conviction, including the civil liability or damages duly established by the

evidence.

6. When plea bargaining fails, the Court shall:

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a. Adopt the minutes of preliminary conference as part of the pre- trial proceedings, confirm markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents and list object and testimonial evidence;

b. Scrutinize every allegation of the information and the statements in the affidavits and other documents which form part of the record of the preliminary investigation and other documents identified and marked as exhibits in determining farther admissions of facts, documents and in particular as to the following:1. the identity of the accused;2. court’s territorial jurisdiction relative to the offense/s charged;3. qualification of expert witness/es;4. amount of damages;5. genuineness and due execution of documents;6. the cause of death or injury, in proper cases;7. adoption of any evidence presented during the preliminary investigation;8. disclosure of defenses of alibi, insanity, self-defense,  exercise of public authority and justifying or exempting circumstances; and9. such other matters that would limit the facts in issue.

c. Define factual and legal issues;d. Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the court which

shall contain the time frames for the different stages of the proceeding up to promulgation of decision and use the time frame for each stage in setting the trial dates;

e. Require the parties to submit to the Branch COC the names, addresses and contact numbers of witnesses that need to be summoned by subpoena; and

f. Consider modification of order of trial if the accused admits the charge but interposes a lawful defense.

7. During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all questions must be directed to him to avoid hostilities between parties.

8. All agreements or admissions made or entered during the pre- trial conference shall be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused.  The agreements covering the matters referred to in Section 1 of Rule 118 shall be approved by the court.  (Section 2, Rule 118)

9. All proceedings during the pre-trial shall be recorded, the transcripts prepared and the minutes signed by the parties and/or their counsels.

10. The trial judge shall issue a Pre-trial Order within ten (10) days after the termination of the pre-trial setting forth the actions taken during the pre-trial conference, the  facts stipulated,  the admissions made,  evidence marked, the number of witnesses to be presented and the schedule of trial.  Said Order shall bind the parties, limit the trial to matters not disposed of and control the course the action during the trial.

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DEPARTMENT CIRCULAR NO. 70July 3, 2000

SUBJECT : 2000 NPS RULE ON APPEAL

In the interest of expeditious and efficient administration of justice and in line with recent jurisprudence, the following Rule governing appeals from resolutions of prosecutors in the National Prosecution Service, to be known as the 2000 NPS Rule on Appeal, is herebyadopted.

SECTION 1. Scope. - This Rule shall apply to appeals from resolutions of the Chief State Prosecutor, Regional State Prosecutors and Provincial/City Prosecutors in cases subject of preliminary investigation/ reinvestigation.

SECTION 2. Where to appeal. An appeal may be brought to the Secretary of Justice within the period and in the manner herein provided.

SECTION 3. Period to appeal. The appeal shall be taken within fifteen (15) days from receipt of the resolution, or of the denial of the motion for reconsideration/reinvestigation if one has been filed within fifteen (15) days from receipt of the assailed resolution. Only one motion for reconsideration shall be allowed.

SECTION 4. How appeal taken. An aggrieved party may appeal by filing a verified petition for review with the Office of the Secretary, Department of Justice, and by furnishing copies thereof to the adverse party and the Prosecution Office issuing the appealed resolution.

SECTION 5. Contents of petition. - The petition shall contain or state: (a) the names and addresses of the parties; (b) the Investigation Slip number (I.S. No.) and criminal case number, if any, and title of the case, including the

offense charged in the complaint; (c) the venue of the preliminary investigation; (d) the specific material dates showing that it was filed on time; (e) a clear and concise statement of the facts, the assignment of errors, and the reasons or arguments relied upon

for the allowance of the appeal; and (f) proof of service of a copy of the petition to the adverse party and the Prosecution Office concerned.

The petition shall be accompanied by legible duplicate original or certified true copy of the resolution appealed from together with legible true copies of the complaint, affidavits/sworn statements and other evidence submitted by the parties during the preliminary investigation/reinvestigation.

If an information has been filed in court pursuant to the appealed resolution, a copy of the motion to defer proceedings filed in court must also accompany the petition. The investigating/reviewing/approving prosecutor shall not be impleaded as party respondent inthe petition. The party taking the appeal shall be referred to in the petition as either "Complainant-Appellant" or "Respondent- Appellant".

SECTION 6. Effect of failure to comply with requirements. The failure of the petitioner to comply with any of the foregoing requirements shall constitute sufficient ground for the dismissal of the petition.

SECTION 7. Action on the petition. The Secretary of Justice may dismiss the petition outright if he finds the same to be patently without merit or manifestly intended for delay, or when the issues raised therein are too unsubstantial to require consideration. If an information has been filed in court pursuant to the appealed resolution, the petition shall not be given due course if the accused had already been arraigned. Any arraignment made after the filing of the petition shall not bar the Secretary of Justice from exercising his power of review.

SECTION 8. Comment. Within a non-extendible period of fifteen (15) days from receipt of a copy of the petition, the adverse party may file a verified comment, indicating therein the date of such receipt and submitting proof of service of his comment to the petitioner and the Prosecution Office concerned. Except when directed by the Secretary of Justice, the investigating/reviewing/approving prosecutor need not submit any comment.

If no comment is filed within the prescribed period, the appeal shall be resolved on the basis of the petition.

SECTION 9. Effect of the appeal. Unless the Secretary of Justice directs otherwise, the appeal shall not hold the filing of the corresponding information in court on the basis of the finding of probable cause in the appealed resolution.

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The appellant and the trial prosecutor shall see to it that, pending resolution of the appeal, the proceedings in court are held in abeyance.

SECTION 10. Withdrawal of appeal. Notwithstanding the perfection of the appeal, the petitioner may withdraw the same at any time before it is finally resolved, in which case the appealed resolution shall stand as though no appeal has been taken.

SECTION 11. Reinvestigation. If the Secretary of Justice finds it necessary to reinvestigate the case, the reinvestigation shall be held by the investigating prosecutor, unless, for compelling reasons, another prosecutor is designated to conduct the same.

SECTION 12. Disposition of the appeal. The Secretary may reverse, affirm or modify the appealed resolution. He may, motu proprio or upon motion, dismiss the petition for review on any of the following grounds:

• That the petition was filed beyond the period prescribed in Section 3 hereof;• That the procedure or any of the requirements herein provided has not been complied with;• That there is no showing of any reversible error;• That the appealed resolution is interlocutory in nature, except when it suspends the proceedings based

on the alleged existence of a prejudicial question;• That the accused had already been arraigned when the appeal was taken;• That the offense has already prescribed; and• That other legal or factual grounds exist to warrant a dismissal.

SECTION 13. Motion for reconsideration. The aggrieved party may file a motion for reconsideration within a non-extendible period of ten (10) days from receipt of the resolution on appeal, furnishing the adverse party and the Prosecution Office concerned with copiesthereof and submitting proof of such service. No second or further motion for reconsideration shall be entertained.

SECTION 14. Repealing clause. This Circular supersedes Department Order No. 223 dated June 30, 1993 and all other Department issuances inconsistent herewith.

SECTION 15. Effectivity. This Circular shall be published once in two (2) newspapers of general circulation, after which it shall take effect on September 1, 2000.

(signed)ARTEMIO G. TUQUERO

Secretary of Justice