OCA CIRCULAR NO.

97-2019

TO ALL DESIGNATED AND STATUTORY

FAMILY COURT JUDGES (ACTING
PRESIDING/ASSISTING) OF THE REGIONAL
TRIAL COURTS

SUBJECT 2019 REVISED RULE ON CHILDREN IN

CONFLICT WITH THE LAW
Annex "A11

In its 22 January 2019 Resolution in

A.M. No. 02-1-18- SC (Re: Rule on
Juveniles in Conflict with the Law), the Court
En Banc APPROVED the 2019 Revised Rule
on Children in Conflict with the Law.

The said Resolution, appended herein as

Annex "A", was published in the Philippine
Daily Inquirer and the Philippine Star on 22
June 2019 and shall take effect on 7 July
2019.

Any prior circular from the Office of

the Court Administrator on this matter
which is contrary to the foregoing is hereby
superseded.

For your information, guidance and strict

compliance.

A.M. No. 02-1-18-SC

RESOLUTION

WHEREAS, the Supreme Court of the Philippines, in the exercise of its rule-maki11sr
power under the Constitution, promulgated A.M. No. 02-2-18-SC or the Rule on Juveniles :n
Conflict with the Law to govern the procedure in cases involving juvenile offenders and declared
the same to take effect on April 15, 2002;

WHEREAS, the Congress of the Philippines, four years later, approved and passed
Republic Act No. 9344 (R.A. No. 9344), entitled the "Juvenile Justice and Welfare Act of 2006",
which law became effective on tvlay 20, 2006;1

WHEREAS, R.A. No. 9344 declared as a policy that "[t]he State shall apply the principles
of restorative justice in all its laws, policies and programs applicable to children in conflict with
the law";2

. WHEREAS, the Supreme Court, in light of the passage of R.A. No. 9344, promulgated
the Revised Rule on Children in Conflict with the Law, which took effect on December 1, 2009;

WHEREAS, the Congre·ss approved and passed Republic Act No. 10630 (R.A. No.
10630) amending R.A. No. 9344, which became effective on November 7, 2013, by establishing a
comprehensive juve nile justice system, strengthening the Juvenile Justice and Welfare Council
·:1nd placing it under the aclministi·ative supervision of the Department of Social Welfare and
Development, appropriating flmds therefor, among others;

WHEREAS, the Supreme Court, by Memorandum Order No. 20-2014 dated August 13 ,
' W 14, created the Committee on Family Courts and Juvenile Concerns (CJFCJC) with the mancl- ce.,
<lmong others, of drafting "a plan for the organization of the family courts" pursuant to the Family
Courts Act of 1997 (R.A. No. 8369), and "monito[ring] the implementation of the plan for the
creation and organiza tion of Family Courts including identification of procedural rules and court
guideli nes, as we ll as legal and judicial forms that must be adopted to increase the effective1;...$S
and efficiency of family courts;"

WHEREAS, the CFC.TC, upon consultation with statutory Family Courts, designated
Family Courts , and other courts handling Family Court cases , as well as other concerned sectors,
s takeholders, and government agencies/implementers of R.A. No. 9344, determined that there is a
need to further amend the Revised Rule on Children in Conflict with the Law so as to harmonize
the same with R.A. No. 9344, and its amendatory law, R.A. No. 10630;

1
People v. Mantalaba , G.R. No. 186227, July 20, 2011.
2
Sec tio n, 2(f), R.A. No. 9344.
 NOW THEREFORE, the Supreme Court, in the exercise of its rule-making power under
A11icle VIII, Section 5 (5) of the 1987 Constitution, hereby PROMULGATES the 2019 Supreme
Court Revised Rule on Children in Conflict with the Law.

This Resolution shall take effect fifteen (15) days following its publication in the Official
Gazette or in two (2) newspapers of national circulation.

JAN 2 2 2019.

)'

..
'/LZ, _,,.9 JJ.0, 11...L,.J.1
ARIANO C. DEL CASTILLO ESTELA MJPERLAS-BERNABE
Associate Justice Associate Justice

,..,
.,. .
FRANCIS H.
,, Associate Justice

-9.A,
ANDRE REYES, JR.
Asso e Justice
L
4 .
V;,_;sociate .rustice

IU..MON H RNANDO
Associate Justice

2
 2019 SUPREME COURT REVISED RULE ON CHILDREN IN CONFLICT
WITH THE LAW

Section 1. Applicability ofthe Rule. - This Rule shall apply to all criminal cases involving children
i.:1 conflict with the law.

A child in conflict with the law is a person below 18 years old who .is a lleged as, accused of, or
adjudged as having committed an offense under Philippine Laws. (a)

This Rule shall not apply to a person who at the time of the initial contact as defined in Section
4(s) of this Rule shall have reached the age of eighteen (18) in which case, the regular rules on
cr imin al procedure shall apply without prejudice to the rights granted under Section s 51, 52 , 53
and 54 of th is Rule. Nor shall this Rule apply to " children at risk" as defined in Section 4(g) of
this Rule. (a)

Se ction 2. Objective. - The objective of this Rule is to ensure that the justice system treats every
child in conflict with the law in a manner that recognizes and upholds human dignity and worth;
and instills in the child respect for the fundamental rights and freedom of others. The Ruic
considers the developmental age of the child and the desirability of the child's reint egration in and
assumption of a coi1structive role in society in accordance with the principles of restorative
justice.

To attain this objective, the Rule seeks:

(a) To provide child-appropriate proceedings, includin g programs ::rncl se rvices for crime
prevention, diversion, rehabilitation, re-integrat ion and aftercare to ensure the norma l
growth and development of the child in conflict with the law;

(b) To provide procedural rules dealing with children in conflict with the law that take into
account their distinct circmhstances, assure all parties of a fair hearing wit h each party's
constitutional and statutory rights recognized and respected, and ensure that
appropriate disposition measures are implemented by law enforcers, social services and
the courts;

(c) To divert from the formal justice system children in conflict with the law who can be
cared for or placed under child-appropriate proceedings, including programs and services
for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their no rmal
growth 1:md development; (a)

(cl) To deal with the child in a family environment whenever possible, and to separate the
child from the parents only when necessary for the child's welfare or in the interest of
public safety;

(e) To remove from children in conflict with the law, the stigma of criminality and
criminal behavior; h

(i) to promote, facilitate and implement in administrative and judicial proceedings res pect
for the views of the child;

(g) To provide for the care, protection and wholesome moral, mental, and physical
development of children in conflict with the law; and

(h) To promote and protect the rights and interest of children as zones of peace in situati o
ns of armed conflict, but who are alleged to be in conflict with the law. (a)

Section 3. Interpretation. - This Rule shall be interpreted liberally to promote the best interest of
the child in conformity with Philippine laws, the United Nations' Co nvention on the Rig hts of the
Child and relevant international treaties and protoco1. s .

3
Section 4. Definitions. - As used in this Rule,
I.,

(a) Age of criminal responsibility is the age when a child above fifieen (15) years but below
eighteen (18) years of age commits an offense with disce rnm ent. (a)

(b) Bail refers to the security given for the release of the child in custody of the la w,
furnished by the child, the child's parent, guardian, or a bondsman, to guarantee the child's
appearance before the court. Bail may be posted in a form such as corporate security,
property bond or cash deposit.

(c) Bahay Pag-asa refers to a 24-hour child-caring institution established, funded and
managed by local government units and licensed and/or accredited non-government
organizations providing short- term residential care for children in conflict with the law
who are above 15 but below 18 years of age who are awaiting court disposition of their
cases or transfer to other agencies or jurisdiction. (n)

(d) Restorative Justice refers to a principle which requires a process of resolving conflicts
with the maximum involvement of the victim, the child in conflict with the law, and the
community. It seeks to obtain reparation for the victim; reconciliation between and among
the victim, the child in conflict with the law, and the community, and the reassurance that
the child in conflict with the law can be reintegrated into society. It also enhances pubI ic
safety by involving the victim, the child in conflict with the law, and the community in
prevention s trategies. (a)

(e) Best interest of the child refers to the totality of circumstances and conditions that are
most congenial to the survival, protection and feelings of security of the child and most
encouraging to the chi.id's physical, psychological and emotional development. It also
means the least detrimental available alternative for safeguarding the growth an.d
development.

(f) Social case study report is a writien report prepared by the social worker of the local
government unit or the Department of Social Welfare and Development or by the social
worker designated by the court on the social, cultural, economic and legal status or
condition of the child in conflict with the law. It shall include, among other matters, the
child's developmental age; educational attainment; family and social relationship s; the
quality of the child's peer group; the strengths and weaki.1esses of the fa mily; parental
control; the child's attitude towards the offense; the harm or damage done to others
resulting from the offense; record of prior offenses, if any; and the attitude of the parents
towards the child's respon sibility for the offense. The social worker may also include an
initial determination of the child's discernment in the commission of the offense. (a)

(g) 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:

(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 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) Bei ng out of schoo l;
(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 situatio ns of armed conflict.

4
It covers children who violate ordinances enacted by local governments concerning
juvenile status offenses such as, but not limited to, curfew violations, truancy, parent !
disobedience, anti-smoking and anti-drinking laws, as well as light offenses aqtl
misdemeanors against public order or safety such as, but not limited to, disorderly conduct,
public scandal, harassment, drunkenness, public intoxication, criminal nuisancp,
vandalism, gambling, mendicancy, littering, public urination and trespassing who shall not
be penalized but instead proceeded in accordance with Section 57-A of Republic Act No.
9344, as amended. (n)

(h) Community continuum refe rs to the aftercare of a child in conflict with the law and is a
community-based group therapy process that provides continuous guidance and support to
the child in conflict with the law upon release from rehabil itatio n and subsequent
reintegration into society. Community continuum for the child includes timely release,
suitable residence, food, clothing, available employment and sufficient means to facilitate
successful reintegration in society which shall be provided by the concerned local
government unit and other appropriate agencies.

It also include s after-care support provided by the local social welfare and development
officer for a period of at least six (6) months for children in conflict with the law whose
cases have been dismissed by the proper court because· of good behavior as per
recommendation of the Department of Social Welfare and Development social worker
and/or any accredited non-government organization youth rehabilitation center. 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. (n)

(i) Corporal punishment is any kind of physical punishment inflicted on the body as
distinguished from pecuniary punishment or fine.
u
(j) Court refers to a Family Court, a designated family court, or in places where there arc
no designated family courts, any regional trial court hearing family and youth cases. (a)

(k) 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 leav e at will except by orde r of
any judicial or administrative authority.

(1) Discernment means the capacity of the child at the time of the commission of the
offense to understand the difference between right and wrong and the consequences of the
wrongfu l
act.

(m) Disposition conference is a meeting held by the court with the social worker who
prepared the case study report, together with the child in conflict with the law, the parents
or guardian, and the child's counsel, as well as the private complainant together with his or
her parents or guardian, if a minor, and counsel, for the purpose of determinin g the
disposition measures appropriate to the personal and special circumstances of the chilcl.
(a)

(n) Diversion refers to an alternative child-a ppro priat e process of determining the
responsibility and treatment of a child in conflict with the law on the basis of the cbil
es'i
so cial, cultura l, economic, psychological or educational background without resorting to
formal court proceedings. (a)

(o) Diversion programs refer to programs the child in conflict with the law is required to
undergo after the child is found by the appropriate authority responsible for an offenes ,
w itho ut resorting to formal court proceedings. (a) i":

5
 (p) E-cpediled Transfer of a Child is a process where a child who commits an offense is
immediately brought by the apprehending officer or private indi vidual to a soc ial worker.
It in clud es th e duty of the law enforcement officer to imm ediately but not later than
eight
(8) ho urs after apprehens ion turn over custody of the child to the social welfa re and
developmen t office or other accredite d non-gove rnment organizations, and notify the
child ' s parents/g uar dia ns and public attorney's office of the child's apprehension. It also
.includes the duty of the social welfare and deve lopm ent office r to explain to the child and
the child's parents/guardians the conse quences of the child' s act with a view towards
co unse ling and rehabilitation, diversion from the criminal justice system, and repa ratio n,
if app ropriate. (n)

(q) Guardian Ad Litem is a person appointed by the cour t to protect the best interest of the
child.

(r) In cor1flict with the law means being taken i.nto c us tod y or charged with the commission
of an act defined and punished as a c rime or. o ff e n se under the law, except juvenile status
offenses punishable by ordinances enacted by local governments in accordance with
Sect ions 57 and 57 -A, and offenses not applica ble to children in accordance with Sec tion
58 of Rep ublic Act No . 93 44 , as ame nd ed. (a)

(s) Initial contact refers to the apprehension or taking into custody of a child in co nflic t
with t h e law by la w enforcement officers or private citizens. It includes the time the child
allege d to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112
of the Rev ised Rules of Crimi nal 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 necessi ty to place the child alleged to be in conflict with the law under imm ediate
cus tody.

(t) Intensive Juvenile Intervention Support Center (JJJSC) is a specia l facility within the
youth care facility or "Bahay Pag-asa" that caters to and provides a more intensive multi
disciplin ary intervention program for children in conflict with the law in accordance with
the pro vision s of Republic Act No. 9344, as amended. (n) ·

(u) Intervention programs refer to a series of individuali ze d treatment activities or

programs designed to address issues that caused the child to commit an offense. These
may include counseling, ski lls tra ining, ed ucat ion, and other activities that are aimed to
improve and enhance the child's psychological, emotional and psychosocial well-being.

(v) Law Enforcement Of fice r refers to the person in authority or an agent as defined in
Ar ticl e 152 of the Revised Penal Code, including a barangay tanod.

(w) Probation is an alternat ive disposition, ordered by the court, under which a child in
confli ct w ith the law is released after conviction and sentence and permitted to remain at
home or with an appropriate custocli, m, su bject to certain terms and condit ions imposed by
the cour t.

(x) Recognizance is an undertaking in lie u of a bond, assumed by a mother or father, or

appropriate gua rdian or custodi an, or in their absence, the nearest relative, or any
responsible member of the community to ass ume custody of a child in conflict with the law
and be responsible for the appeanmce of the child in court whenever required during the
pendency of the case.

(y) Serious crime refers to parricide, murder, infa nticide, kidnapping and serious illegal
detention where the victim is killed or raped, robbery with homicide or rape, destructive
arson, rape, or camapping where the driver or occupant is killed or raped, or offenses under
Republic Act No. 9165 (Comprehensive Dangero us Drugs Act of 2002) pw1is bable by
more than 12 years of impriso nment. (n)

l 6
 (z) Status offenses refer to any conduc l not cons idered an offense or not penal ize d if
committed by an adult, such as curfe w violation s, truancy, parental diso bedie nce and the
like. (a)

(aa) Suspended sentence is the holding in abeyance of the service of the sentence imp osed
by the court upon a find1ng of guilt of the ch ild in conflict with the law, where by the child
undergoes rehabilitation within a fixed period under such terms and conditio ns as may be
ordered by the court.

(bb) Victimless Crimes refer to offenses where the re is no private offended par ty. (a)

(cc) Youth rehabilitation center refers to a 24-hour residentia l care facilit y managed by the
Department of Social Welfar e and Development, local gover nment tmits, license d and/or
accred ited non-government organizat ions monitored by the Department of Social Welfare
and Development. The Center provides care, treatment and rehabilitation services for
children in conflict with the law under a structured therapeutic envi ronment th rough the
gu idance of a trained staff, where the physical mobility of the children may be restricted
pending court disposition of their cases. (a)

Section 5. Determination of Age. - The child in conflict with the law shall enjoy the presumpt io n
of minority and shall enjoy all the rights of a child in co nflict with the law until proven to be
eighteen (18) years old or older at the time of the comm iss ion of the offense. The age of the child
shall be dete rmin ed acco rdin g to the following rules :

(1) The best evidence to prove the age of a chi.Id is an origina l or certified true copy of the
certificate of live birth;

(2) In the absence of a certificate of live b ir th , s imilar authentic docu ments suc h as
baptis mal certificates and school records or any pertinent document that shows the date of
birth of the child;

(3) In the absence of the documents under paragraphs 1 and 2 of this Sectio n due to loss,
destruction or unavailability, the testimony of the child, the testimony of a member of the
family rela ted to the child by affinit y or consanguinity who is qualified to testify on ma tters
respectin g pedigree such as the exact age or date of bfrth of the chil d pursuant to Section
40, Rule 130 of the Rules on Evidence, the testimonie s of other persons, th e phy sical
appearance of the child a n d other rele vant ev idence, shall suffice. (a)

In case of doubt as to the age of the child, it shall be resolved i.n the child's fa vor. (n)

Section 6. Burden of Proof o.fAge. - Any person alleging the age of the child in conflict with the
la w has the burden of proving the age of such child.

lf the age of the child is contested prior to the filing of the information in court, a case for
dete rm ination of age under summary proceedin g may be filed before a court which shall render i ts
decision within 24 hours from receipt of the appropriate pleadings of all the part ies .

In all cases involvin g a child, the court shall make a categorical finding as to the age of the chi ld.

Section 7. Exemptionfi-om Criminal Liability. - A child fifieen years of age or under at the time
of the commission of the offense shall be exempt from criminal liab ility. However, the child shall
be subjected to an interventi on program as provided for in Republic Act No. 9344, as amended.
(a)

A child is deemed to be fifteen years of age on the clay of the fifteenth anni versa ry of his/ her
birthdate. (n)
7
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjec ted to an int erve ntio n p rogram, unless he/she has acted with
discernmen t, in which case, such child sha ll be s ubjected to the appropriate proceedings in
accordance with the law. (n)

Fxcmp tion from crimi nal liabili ty of the child does not include exemption from civil lia bility of
parents and other persons exerc ising parental authority whic h shall be enforced in accordance with
the provis io ns of Art icle 221 of th e Fam il y Co de in relation to Articl e 101 of the Revised Penal
Code and Rule 111 of the Revised Rules of Criminal Procedure. If the act or omission of the child
invol ves a quasi-delict, Article 2180 of the Civil Code shall app ly. (a)

Section 8. Procedure for Handling Children Exempted from Criminal Liability. - If it is

determ ine d at the init ial contact that the c h ild is 15 years of age or below, the procedure provided
in Section 20, Republic Act No. 9344, as amended, shall be observed as follows:

(a) The authority which will have an initial co ntact with the child, in consultation with the
local social wel fa re and development officer, has the duty to inunediately release the child
to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest
relative. (a)

(b) The child sha ll be subjected to a commu nity-b ased in tervent ion program supervised by
the local social welfa re and development officer, unless the best interest of the child
requir es the refe rra l of the child to a youth care facility or "Bahay Pag-asa" managed by
local governments units or lice nsed and/or accredited non-government organizat ions
monitored by the Department of Social Welfa re and Developmen t. (n)

(c) The local social welfare and develop ment officer shall determine the appropriate
programs for the child who has been released, in consultation wit h the child and 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:

(1) A duly registered non-go vernmental or re ligi ous organization;

(2) A barangay official or a member of the Barangay Counci l for the Prot ection
of Children;
(3) A local social welfare and development officer; or, when and where appropriat e
, t he Depar tment of Social Welfa re and Development. (n·)

(cl) If the child has been found by the local social welfar e and development officer to be
dependent, abandoned, neglected or abused by his/her pare nts and the best interest of the
child requires that he/she be placed in a youth care facility or "Bahay Pag-asa":

(l) The child 's parents or guardia ns shall execute a written authorizat ion for the
voluntary commitment of the child; or
(2) If the child has no parents or gum-clian s or if they refuse or fail to exec ute the
written authorization for volunta ry co mm itme nt, the p roper petition for
involuntary commitment shall be immediately filed by the Department of Socia l
We lfare and Deve lopm ent or the local soc ial we lfa re development office
pursuan t to Presidential Decree No. 603, as amended, otherwise known as "The
Child and Youth Welfare Code" and the Supreme Court Rule on Commitment
of Children. (n)

The minimum age for children committed to a youth care facility or "Bahay Pag-asa" shall be 12
years old. (n)

Section 8-A. Procedure .for Handling a Child B'.xempted from Criminal Liability Who
Commits Serious Crimes. - A chi ld who is above 12 years of age up to 15 years of age and who
commits a

8
serious crime shall be deemed a neglected child under Presidential Decree No. 603, as amended,
and shall be mand.atorily placed in the Intensive Juvenile Intervention and Support Center (IJISC)
of a "Bahay Pag-asa." The procedure provided in Section 20-A, Republic Act No. 9344, as
amended, shall be observed as follows:

(a) A petition for involuntary commitment and placement under the I.TISC sha ll be filed by the
localsocial welfare and development officer of the local government unit where the offense
was committed, or by the Department of Social Welfa re and Development social worker
in the local social welfare and development officer's absence, within 24 hours from the
time of the receipt of a report on the alleged commission of said child. (n)
(b) The court, where the petition for involuntary commitment has been filed, shall decide on
the petition within 72 hours from the time the said petition has been filed by the
Department of Social Welfare and Development/ Local Social Welfare and Development
Office.
(c) The court will determine the initial period of placement of the child within the IJISC which
shall not be less than one year.
(cl) The multi-disciplinary team of the LTISC will subm it to the court:
(1) A case study and progress report, to include a psychiatric evaluation report, and
recommend the reintegration of the child to his/her family or the extens io n of
the placement under IJISC; and
(2) A report to the court on the services extended to the parents and fa mi ly of the
child and the compliance of tbe parents in the inte rventio n program.
(e) The court will decide whether the child has successfully completed the center- base.cl
intervention program and is already prepared to be reintegrated with his/her family , or if
there is a need for the continuation of the center-based rehabilitation of the chiId.
(f) The court will determine the next period of assessment or hearing on the commitment of
the child. (n)

Section 8-B. Procedure for Handling a Child Exempted fi'om Criminal Liability rVho Repeats
Commission of Offense. - A child who is above 12 years of age up to 15 years of age and who
commits an offense for the second time or oftener: Provided, that the child was previously
subjected to a community-based intervention program, shall be deemed a neglected child
under Presidential Decree No. 603, as amended, and shall:

(a) Undergo an intensive intervention program supe rvised by the local social welfare and
development officer;
(b) If the best interest of the child requires that he/she be placed in a youth care facility or
"Babay Pag-asa, the child's parents or guardians shall execute a written authorization for
voluntary commitment of the child;
(c) If the child has no parents or guardians or if they refuse or fail to execute a written
authorization for voluntary commitment under Section 8-B(b), the proper petition for
involuntary commitment shall be immediately filed by the Department of Social Welfare
and Development or the Local Social Welfare and Development Office pursuant to
Presidential Decree No. 603, as amended. (n)

Section 9. Procedure for Children Not Exempted.from Criminal Liability. - A child fifteen (15)
years and one (1) clay old or above but below eighteen (18) years of age at the time of the
commission of the offense shall, at the sound discretion of the court and subject to its supervis i o n,
be released on recognizance to the care of the willing and responsible mother or fathe r, or
appropr iate guardia n or custodian, or, in their absence, the nearest relative. However, if the
prosecution determines that the child acted with discernment, the child shall be proceeded agains1
in accordance with Sections 24 to 27 or, in case of diversion, Sections 29 to 37 of this Rule. (a)

Section lO. Determination of Discernment. - Discernment is preliminarily determined by a social

worker and finally by the court. (a)

9
The determination of discernment shall take into account the abi lit y of a child to understand the
moral and psyc hological components of criminal responsibility and the consequences of the
wrong ful act; and whether a child can be held respons ible for essentially antisocial behavior.

Section 11. Procedure.for Taking the Child into Custody. - From the moment a child is taken into
custo dy, the law e nforcement officer shall:

(a) Explain to the child in simple language and in a dialect that he/she can under stand
why he/she is being placed under custody and the offense that he/she allegedly
committed;

(b) Inform the chilei of the reason for such custody and advise the child of his/her
co nst itutional rights in a language or dialect understood by him/her;

(c) Properly identify hims elt, herself and present proper identification to the child;

(cl) Refrain from using vulgar or profane words, and from sexually harassi ng or abusing,
or making sexual advances on the chjld in conflict with the law;

(e) Avoid displaying or using any firearm, weapon, handcuffs or other instrumen ts of
force or restraint, unl ess a bsolutel y necessary and only afte r all other methods of control
have been exhausted ancl have failed; ·

(I) Refrain from subjecting the child in conflict with the law to greater restraint than is
necessary for his/ her apprehension;

(g) Avoid viole nce or unnecessary force;

(h) Determine the age of the child pursuant to Section 7 of Republic Act No. 9344, as
. amended;

(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 non
govenm1ent organizatio ns, and notify the child' s parents/guardians and Public Attorney's
Office of the child's apprehension. The social welfare and developm ent officer shall
expla in to the child and the child' s parents/guardians the consequences of the child's act
with a view towards counseling and rehabilitati o n, diversion from the criminal justice
system, and reparation, if appropriate;

U) Take the child inm1ediately to the proper medical and health officer for a thorough
physical and mental examination. The examination results shall be kept confidential unless
otherwi se ordered by the family court. Whenever the medical treatment is required, steps
shall be immed iately undertaken to provide the same;

(k.) Ensure that sho uld detention of the chi ld in conflict with the law be necessary, the chil d
shall be sec ured in quarters separate from that of the opposite sex and adult offenders;

(I) Record the following in the initial inves tigation:

(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 Department of Social Welfare and
Developm ent, and the Public Attorney's Office have been informed of the
apprehension and the details thereof; and
(3) 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 suc h examinat ion ; and

10
 (m) Ensure that all statements signed by the child during the investigation sha ll 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 Jaw shallonly be searched by a law enforcement officer of the
same gender and shall not be locked up in a detention cell. (11)

Section 12. Rights of a Child Under Custody. - At the custodial investigation, a child who has
been taken into custody shall have the following rights:

(a) At the police station, to be immediately assisted by a lawyer and a social worker who
shall make sure that the child is effectively informed of his/her rights, as far as the child's
maturity and. discernment allow;

(b) To demand that the questioning or interrogation take place in concliti.ons that respect
the right s of the child and are compliant with child-sensitive procedural rules;

(c) To have the child's family located and notified with dispatch;

(cl) To be informed, together with the parents, guardians or custodians or nearest relatives,
by the social welfare and development officer of the local govenunent unit or of the
Department of Social Welfare and Development of the consequences of the offense alleged
to have been committed with a view towards counseling and rehabilitation, diversion from
criminal justice system and reparation if appropriate;

(e) To have the results of the child's medical and dental examination kept confidential ,
unless otherwise ordered by the court;

Whenever medical treatment for any physical or mental defect is necessary, to demand that
steps must be immediately taken by the medical officer to provide the child with the
necessary and proper treatment;

(1) To have the right of privacy respec ted and protected at all times, including the
utilization of all measures neces sary to promote this right, including the exclusion of the
media; and

(g) While under investigation , not to be fingerprinted or photographed in a humiliati ng

and degrading mam1er.

Section 13. Taking Custody of a Child Without a TYarrant. - The law enforcement officer or a
private person taking into custody a child in conflict with the law without a warrant shall observe
the provisions in Sections 5, 8 and 9 of Rule 113 of the Revised Rules of Criminal Procedure and
shall forthwith deliver the child to the nearest police station. The child shall be proceeded against
in accordance with Section 7 of Rule 112 of the Rules of Criminal Procedure.

Section 14. Duties During Initial Investigation. - The law enforcement officer shall, in his/her
investigation, detennine where the case involving the child in conflict with the law shou ld be
referred.

The taking of the statement of the child sha ll 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 wclfaft.
officer. In the absence of the child' s parents, guardian, or nearest relative, and the local socia l
welfare and development officer, the inv es tigation shall be conducted in the presence of a
representative of a non-government organizat ion, religious group, or member of the Barangay
Counci I for the Protection of Children. . ti

11
 The social worker shall conduct an initial assessment to determine the appropriate interventions
and whether the child acted with discermnent, using the discernment assessment tools clevelopecl
by the Department of Social Welfare and Development. The initial assessment shall be without
prejudice lo the preparation of a more comprehensive study report. The local social worker shall
clo either of the foJlowing;

(A) Proceed in accordance with Section 8 if the child is fifteen (15) years old 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
cliscernment, proceed to diversion in accordance with Sections 28-36 of this Rule. (n)

Section 15. Intake Report/Initial Assessment by the Social WeUare Of fic er. (a) - Upon the tak ing
il"ILO custody of a child in conflict with the law, the social welfare officer assigned to the child shall
immediately undertake a preliminary background investigation of the child and, should a case be
filed in court, submit to the court the corresponding Intake Report prior to the arraignment.

An Intake Report is the initial written report containing the personal and other circumstances of
the child in conflict with the law prepared by the social worker assigned to assist the child
entering the justice system. (n)

The social work.er shall conduct an initial assessment to determine the appropriate interventions
ancl whether the child acted with discernment, using the discernment assessment tools developed
by the Department of Social Welfare and Development. The initial assessment shall be without
prejudice to the preparation of a more comprehensive case study report. The local social worker
shall do either of the following:

(a) Proceed in accordance with Section 8, 8-A or 8-B of this Rule if the child is fiftee n (15)
years or below, or above fifteen (15) years but below eighteen (18) years old, who acted
without discernment; or
(b) If the child is above fifteen ( l5) years old but below eighteen (18) and who acted wit h
discernment, proceed with diversion under this Rule. (n)

Section 16. Filing of Criminal Action. - A criminal action may be instituted against a child in
,::o nflict with the law by filing a complaint with the prosecutor.

.All criminal actions commenced by complaint or information shall be prosecuted under the
direction and control of the public prosecutor assigned to the court. Petitions for confinement of a
child drug dependent shall be filed under Section 21 of the Rule on Children Charged under
Repub lic Act No. 9165.

Section 17. Prosecution of Civil Action. - When a criminal action is instituted against a child in
conflict with the law, the action for recovery of civil liability arising from the offense charged
shall be governed by Rule I 11 of the Revised Rules of Criminal Procedure.

Section 18. Preliminary Investigation. - As far as consistent with this Ru.le, the preliminary
investigation of a child in conflict with the law shall be governed by Section 3 of Rule 112 of the
Revised Rules of Criminal Procedure. A specially trained prosecutor shall be assigned to conduct
lbe inques t, preliminary investigation and prosecution of the case involving a child in conflict with
the law. The child, on the other hand, shall be assisted by a private lawyer or, if none, a lawyer
from the Public Attorney's Office. lfthere is an allegation or evidence of torture or ill-treatment of
a child in conflict with the law during custody or detention, it shall be the duty of the prosecutor
lo investigate the same.

Section 19. Conduct of' Preliminary Investigation. - Preliminary investigation shall be conducted
in the following instanc es:

12

l
 (a) when the child in conflict with the law does not qualify for diversion;
(b) when the child, the parents or guardian do not agree to diversion as provided in Sectio
ns 27 and 28 of Republic Act No. 9344, as amended; or
(c) when, after 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. (a)

In all instances, a certification from the Barangay, police or local social welfare and development
officer, as the case may be, that the child does not qualify for diversion or that diversion is not
appropriate or the diversion failed at their level, sha ll be required before the conduct of
preliminary
investigation.

At the preliminary investigation, should there arise a need for clarificatory questions to be
propounded on the child, the Rule on Examination of a Child Witness shall apply. (a)

Section 20. Filing of Information. - If the investigating prosecutor finds probable cause to hold
the child in conflict with the law for trial, there being discernment, and certifies that the cbilcl docs
not qualify for diversion, or that diversion is not appropriate, or the diversion failed at their le vel,
the corresponding Resolution and Information shall be prepared for the approval by the provincial
or city prosecutor, as the case may be. The child and the mother or father, or guardian, or in the
absence thereof, the nearest relative, and the child's private counsel or lawyer from the Public
Attorney's Ofiice shall be furnished forthwith a copy of the approved resolution and the
Information.

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 the name and address
of the guardian of the child in conflict with the law. The Information shal l be filed with the court
within forty-five (45) days from the start of the preliminary investigation and must allege that the
child acted with discernment.

No Information sha ll be filed against a child for the commission of the following:
(a) status offenses, light offenses and misdemeanor s against public order or safety as
provided in Section 4(g) of this Rule;
(b) vagrancy and prostitution under Section 202 of the Revised Penal Code;
(c) mendicancy u11der Presidential Decree No. 1563; and
(cl) snif fing of rugby under Presidential Decree No. 1619.

Children taken into custody for the foregoing shall instead undergo appropriate counselin g and
treatment program. (a)

Section 21. Duties of the Cleric of Court Upon Receipt of information. -The Clerk of Court, upon
receipt of the Information, shall:

(1) Maintain a separate case docket or logboo k for cases involving children in conflict with
the law . Whenever possible, the Cler k of Court shall use color coding or other method to
easily d istingui sh the records of children in conflict with the law from the other case
records;

(2) Determine whether the offense charged qualifies for diversion, that is, it is punishab le
by imprisonment of not more than twelve (12) years, regardless of fine, or fine alo ne
regardless of the amount ;

(3) If the crime charged is punishable by such impri so nment, i1111n e cliatel y ass ign a
temporary case number in accordance with Section 22 of this Rule and raff:1e off the case
to a court so that its Diversion Committee can jmm ediat el y und ertake the appropriate action
under Sectio n 32 of thi s Rule; and
 (4) If the crime charged does not qualit y for diversion because it is punishable by
im priso nment of more than twelve (12) year:;, the case shall be assigned a regular criminal
case docket number raffled off to a cour t for formal proceedings. (a)

s,,ction 22. Docketing of the Case - A case that qua lifi es for diversio n under paragraph 3 of the
p reced in g Section shall not be docketed as a regular criminal case but instead shall be assig ned a
te mporary case num ber as follows: CICL-(no.) - (year) _ -D (which means diversion), before
the sa me is ra111e d off t o t he appropriate court.

Section 23. Venue - Su bjec t to the provisions of Section 15, Rule 110 of the Revised Rules of
C rim i nal Proc e dure, any c rimi nal or civil act ion involving a child in conflict with the law shall be
instit uted and tried in the app ropriate co urt nearest the place where the offense was committed or
w here any of its esse n tial elements occurred.

Section 24. Release of Children on Recognizance to the Parents, Guardian, Custodian or Nearest
Relative. - The release of a child from cus tody during the pendency of the case invo lving an
offense not punisha ble b y death, reclusion perpetua or life impri so m11ent m a y be ordered by the
court only after a hearing fo r that p urpose, ancl upon favorable recommendation of the social
worker assigne d to the child with due notice to the pub lic prosecutor, the Sanggunian where the
neeuse d res ides, and the private complainant. The child shall be released to the custody of a willing
and responsi ble mother or father, or appropriate guardian or custodian , or in their absence, the
nemest relative, who shall be responsible for the child's good behavior and appearance in court
whenever required.

No child shall be ordered detained in jail pending trial or hearing of the child's case.

: r) ncor porated from A.M. No. 02-1-18 Re: Rule on Juveniles in Conflict with the Law issued on
.l une 26, 2018)

Section 25. Commitment and tram,:lre to ct Bahay Pag-asa. - A child charged with an offense,
h· 1less released on bail or recognizance, may be transferred to a "Bahay Pag-asa" or rehabilitation
center or other appropriate facility operated or accredited by the Department of Social Welfare and
Development which shall ensure the impl e m ent ation of app ropriate intervention programs, as wel I
as the sa fe ty and appeara nce of the child in court.

] n the absence of a " Ba hay Pag-asa" established by the loca l government pi.1rs uant to Section 8 of
the Fami ly Co urts Act, and Republic Act No. 9344, as amended, in the city or municipality where
the child resides, or a local rehabilita tion center recognized by the gove nm1ent in the province,
city or muni cipality within the jurisdiction of the court, or the Department of Social Welfare and
Development, or o ther appropriate local rehabilitation center, detention pending trial may be
replac e d by alternat ive m eas ures suc h as close supervis ion, intensive care or replacement with a
fami ly or in an educational sett ing or home. Ins titutionali zation or detent ion of a child pending
tria l should be use d only as a last resort and for the shortest possible time. (a)

(Inco rpo rated from A.M. No. 02-1-18 Re: Rule on Juve nil es in Co n flict with the Law iss ued on
.lune 26, 2018)

Section 26. Bail as a Jvfatter of ri ght . - Fo r purpo ses of bail , the pri vilege d niitig atin g circumstance
of mino rit y shall be conside red.

(Inco rpo rated from A.M. No. 02-1-18 Re: Rule on Juve niles in Conflict with the Law issued o n
.lune 26, 2018)
·I
'

Sect ion 27. Care of Child in Bahay Pag-asa or Rehabilitation Centers. - The child in conflict with
the law who has bee n tran sfe rred to a youth rehabilitati on center or " Bahay Pag-asa" shall
be

14

L
provided with a healthy environment and adequate quarters separate from the opposite sex
depen ding on the age, sex, sexua l orientation, and such other circumstances and needs of the child.

Part of the features of a "Balmy Pag-asa" is an int ensive juvenile intervention and support center.
This will cater to children in conflict with the law in accordance with Section 8, 8-A and 8-B of
this Rule.

A multi-disciplinary team composed of a social worker, a psyc hologis t/mental health professional,
a medical doctor, an education al/guidance counselor and a Barangay Council for the Protec tio n :·.:
Chi ld ren member shall operate the "Bahay Pag-asa." The team will work on the indivi dualb i. ·
: intervention plan with the child and the child's family.

(Incorporated from A.M. No. 02-1-18 Re: Rule on Juveniles in Co nfli ct with the Law iss ued ,c .1.
J une 26, 2018)

Section 28. Case Study Report. - Aller the institution of the criminal action, the social wo
rkc: 1 assigned to the child shall immediately undertake a social case inquiry of the child and the chilei's
family, the child's environment and such other matters relevant to aid th e co ur t in the proper
disposition of the case . The report shall be submitted to the court prefe rably befote arrai gnment.
If not avai lab le at that time, the Report must be submitted to the court as soon as possible.

Section 29. Diversion Comm ittee - In eac h court, there shall be organized a Diversion Committee
composed of its Branch Clerk of Co urt, as chairperson; the prosecutor, a lawyer of the Public
Attorney's Office assigned to the court, and the social wo rker assigned by the co urt to the chi Id, as
members. In the absence of a Branch Clerk of Court, the chairperson shall be designat ed by the
jud ge. (a)

Section 30. Proceedings Before Arraignment - The Diversion Conunittee shall determine if the
child can be dive rte d and referred to alternative measures or services. Subject to pertinent
provisions of this Rule and pending determination of diversion by the Committee, the court shalI
release the child on recognizance to the parents, guardia n, or nearest relative; or if this is not
advisable, commit the child to a "Babay Pag-asa" or youth rehabilitation center which shall be
responsib le for th e presence of the child during the diversion pro ceedings. If the Diversion
Committee determines that diversion is not proper, or when the child objects to the diversion , or
when there is failure of the diversion program if undertaken by the chi ld, it shall submit a repo rt
to the court recommending that the case be subjec ted to formal criminal p roceeding s. .r

T h e co urt in turn shall direct the trnnsmittal of the records of the case to the Office of the Cle r k of
Co urt for the assignment of a regular criminal docket number to the case as follows: CICL Crini,.
Case No._ -_ ( year). The Office of the Clerk of Court shall thereafter return the case to the
court for ar raignm ent and formal proceedin gs. (a)

Section 31. Proceedings Before the Diversion Committee. - Upon receipt by the Committee of a
case for diversion from the Office of the Clerk of Court, the chairp erson shall call fo r a co nference
with notice to the child, the mother or father, or guardian, or in their absence, the nearest relat ive,
the chil d's co unsel, and the priva te co m plainant, his or her mother or fathe r, or guardian, or in thc i r
absence, the nearest relat ive, if a minor, and counsel, to determine if the child can unde rgo
diversion program and af tercare and com mun ity continuu m ser vices instead of subjecting the child
to formal court proceedings. In determining whether div e rsion is appro pr iate for the child , the
Co mmittee shall consider the following factors:

(a) The nature and circ umstances of the offense charged ;

(b) The frequency and the seve rity of the act;
(c) The circum stances of the child (e.g., age, matur ity , in te lligence , etc.);
(d) The influence of the family and environment on the growth of the child;
(e) The reparation of injury to the victi m;
(f) The weight of the evidence against the child;

15
 (g) Th e sa fety of the community; and
(h) The best intere st of the chi ld.

If the Co mmittee finds that diversion is app ropriate, it shall design a diversion p rogram in
t1cco r cla nce with Sec tion 33 of this Rule for the consideration and approval of the court. Should
the Com mittee determine that diversion is not appropriate, it sha ll make the corresponding report
and recommendation in accordance with Section 29 of this Rule. The Committee cannot
recommen d diversion in case the chi ld objects.

The div ers io n proceedings shall be completed within forty-five (45) clay s from the initial diversion
con rerence. (a)

Section 32. Diversion Programs. - The Committee shall design a diversion program taking into
cons ide rat ion the incliviclual characteristics and peculiar circumstances of the child in conflict with
the la w.

The following factors shall be considered in formulating a diversion program for the child:
,,:
(a) The ch ild ' s feeling s ofremorse for the offense he/she committed;
(b) The parents' or legal guardian's ability to guide and supe rvise the child;
(c) The victim's view about the propriety of the measures to be imposed;
(cl) The availab ilit y of community-based programs for rehabilitation and reintegration of the
child;
(e) The past records, if any, involving the child in conflict with the law; and
(f) The lik elih ood that the child will be an obvious threat to himselft'herself and the
comm unity .

:l he d iversion program shall include adequate socio-cultural and psychological responses and
serv ices for the child. At the different stages where ctive rsion may be resorted to, the following
diversion programs may be agreed upon, such as, but not limited to:

(a) At the leve l of the Puno ng Barangay:

(1) Restitution of property;
(2) Repara tion of the damage caused;
(3) lnclenu1ification for consequent ial damage s;
(4) Written or oral apolog y;
(5) Care, guidance and supe rvision orders;
(6) Counseling for the child in conflict with the law and the child's family;
(7) Attendance in trainings, seminars and lectures on:
1. Anger management skills;

11. Problem solving and/or conflict resolution skills;

n1. Values formation; and
1v. Other skills which will aid the chi l.cl in dealin g w ith situations which can
lead to repetition of the offense;
(8) Participation in availa ble conummity-based programs, includi ng comm unit y
service; or
.(9) Pa rticipation in education, vocation and life skills programs.
I,
' I

(b) At the level of the la w enforcement officer and the prosecutor:

(1) Diversion pro gram s spec ified under paragraphs (a)(l) to (a)(9) herein; and
(2) Confiscation and forfeiture of the proceeds or instruments of the crime;

(c) At the level ohhe appropriate court:

(1) Diversion programs specified under paragra phs (a) and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine;
(4) Payment of the cost of the proceedings; or

16

l
 (5) Institutional care and custody;

T he Committee shall also include in the program a plan that will sec ure satisfaction of the civiI
lia bilit y of the child in accordance wit h Article 2180 of the Civil Code.

The parents shal l be liable for damages unless they prove, to the satisfaction of the court, that the y
were exercising reasonabl e su pervis ion ove r the child at the time the child committed the offense
and exerted reasonable effort and utmost diligence to prevent or discourage the chi ld from
committ ing another offense. (a)

Section 33. Hearing o_/Diversion Program. - The court shall se t the Committ ee ' s diversion report
and recommendation for hearing with notice to all parties, their counsel and members of the
Conunittee within ten (10) days from receipt of such report. The court shall act on the
recommendation within five (5) days from tbe termination of the hearing .

Section 34. Contract of Divers;on. - If, during the conferencin g, mediatio n or conc iliation, the
child vo luntaril y admits the commission of the act, a diversion program shall be developed whe n
:-p, prop riate and desirable as determined under Section 30 of Republic Act No. 9344, as amended.

Such admission shall not be used against the child in any subsequent judicial, quasi-judicial or
adm inistrative pro ceed in gs. The diversion program shall be effective and binding if accepted by
the parties concerned. The acceptance sha ll be in writing and signed by the parties concerned and
the appropriate authori ties. The local socia l welfa re and deve lopme nt officer shall supe rvise the
implementation of the diversion program. The diversion proceedings shall be completed wit hin forty-
five (45) days. The period of prescription of the offense shall be suspend ed until the completio n
of the diversion proceedings but not to exceed forty-five (45) days.

The chi ld shall prese nt himsel f/ herself to the competent autho ritie s that imposed the diversion
programat least once a month for reporting ancl ev alua tion of the effectiveness of the progrn m.

Failure to comply with the terms and conditions of the co ntra ct of divers ion, as ce rtified by the
loca l social welfare and development officer, sha.11 g ive the offended party tl1e option to i ns titu
te the appropriate legal action. The period of prescription of the offense shal I be suspended cluri ng
the effec tivity of the diversion program, but not excee di ng a period of two (2) years. (n)

Section 35. Report of Social Worker. - The court socia l worker shall conduct regular monthly
visits to the child undergoing diversion proceedings and shall submit the corresponding reports
about the status of the diverted child to the Committee. At any time before or at the end of the
diversion period, the Committee shall file with the court a report recommending termina tio n or
extension of diversion, as the case may be. The report and recommendation shall be heard by the
court within fifteen (15) days from receipt, with notice to the members of the Committee, the child,
the mother or father, or the appropriate guardian or custodian, or in the absence thereof, the nearest
relative, the child's counsel, and the complainant, his or her father or mother, or guardian, or in the
absence thereof the nearest relative, if a minor, and his or her counsel. The court shall therea rter
determine whether the diversion program ]1as been fully and satisfactorily com plied with. (a)

Section 36. Post-Diversion. Order. (a) - On the basis of the report and recommendat io n of th,e
C o mmittee, the court may:

(a) Issue a closur e orde r te r minating the case if it is convinced that the child bas complied
satisfacto ril y with the diversion program; or

(b) Extend th e per io d of div er s io n if it is convineed that the chi Id may still be rehabiIi tated;
or

17

..
 (c) Order the case to undergo formal cour t proceedings if it finds that the child has not
compJiecl with the diversio n program, is incorrigible, or th at the program is not serving its
purpose. In case of a judicially-appr ove d transfer of residence of the child in conflic t with
the law, the co ur t to which supe rvisio n of the diversion program was transferred shall make
the proper finding. If it finds that diversio n has been successfu l, it shall order the clos ure
of the case. However, if it de term ines that diversion has failed, it shall return the case to
the original co urt for formal criminal proceedings.

Section 37. Rights of the Child in Co11flict with the Law. - In all crimina l proceedings, the child in
con11ict wit h the law shall have the following rights which shall be respected and protected by the
court:

(a) To be presumed innocent until guilt is proved beyond reasonable doubt;

(b) To be informed promptly and directly of the nature and cause of the charge and if
·.1
appropriate, through the child's mother, father, or legal guardian;

(c) To be p resen t at every stage of the proceedin gs, from arraigm11ent to promulgation of
judgment. The child may, however, waive presence at the trial pursuant to the stipulations
set forth in the bail bond, unless presence at the trial is specifica lly ordered by the court for
purposes of ide ntifica tio n. The a bsence of the child without justifiable cause at the trial of
which there was due notice shall be considered a waiver of the right of the child to be
present. Escape by the child under custody shall be deemed a waiver of the right to be
prese nt in all s ubsequent hear ings until custody over such child is regained;

(cl) To have legal ru1d other appropriate assistance in the preparation and presentation of
the child's defense; in case of a child arrested for reasons related to armed conflict, to have
immediate free legal assistance;

(e) If in custo dy, to be relea sed (i) on recog nizance to the willing and responsi ble mother
or father or guardian, or in the absence thereof, the nearest relative; (ii) on bail; or (iii) by
commitment to a "Bahay Pag-asa" or youth rehabilitation center;

(f) Not to be detained in a jail or transfe rred to an adult facility pending trial or hearing of
Lhe case, unless detention is used as a last resort which must be clon e for the shortest time
possible, and only upon order by the court;

(g) In case the child has been arrested for reasons related to armed conflict, either as
com batant, courier, guide or spy: (i) To be segregated and have separate detention quarters
from adults except where families are accommodated as family unit s; (ii) Toimmedia te
fre e lega l assistance in the abse nce of private counsel; (iii) To immediate notice of such
l I
arrest to the parents, gua rdia ns or nearest relatives of the child ; and , (iv) To be released on
recognizance within twenty-four (24) hours to the custody of the Department of Social
Welfare and Development or any responsible member of the conununity as determined by
the court;

(h) To testify as a witness in his/her own behalf, subject to cross-exam ination only on
matters covered by direct examination. The child shall not be compelled to be a witness
against himseWherse lf and the ch il d's s ile nce shall not in any manne r prejudice him/her;

(i) To confront and cross-examine the wit nesses against him/her;

(i) To have compulsory process issued to secure the attendance of witnesses and production
of other evid ence in the chilcl1s beh a lf;

(k) To have speedy and impartial trial, with lega l or other appropriate assistance and
prefera bly in the presence of the child's parents or legal g uardian, unless suc h presence
is

18

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 considered not to be in the best interest of the child taking into account the latter's age or
other peculiar circumstances;

(l) To be accorded all the rights under the Rule on Examination of a Child Witness;

(111) To have the child's privacy fully protected in a.II stages of the proceedings; and I
.

(n) To appeal in all cases allowed and in the manner prescribed by law;

(o) Other rights as provided for under existing laws, rules and regulations. (a)

Section 38. Rights of Victims of Offenses Committed by Children in ConfUct with the Law. - In any
1: ,ase involving a child in conflict with the law, the victim has the following rights:

(1) To be reasonably protected from the child in conflict with the law;

(2) To timely notice of any hearing involving the crime or of any release or escape of the
child in conflict with the law;

(3) Not to be excluded from any public proceeding, unless the court, after receiving clear
and convincing evidence, determines that the testimony by the victim would be materia lly
altered if the victim heard other testimony in that proceeding;

(4) To be reasonably heard at any administrative or public proceeding involving diversion,

release , plea, suspension of sentence and determination of disposition measures, or any
parole proceeding;

(5) To confer with the prosecutor in the case;

(6) To avail of legal assistance from the Public Attorney's Office, Integrated Bar of the
Philippines, any other legal aid office, or any law practitioner.

(7) To be informed of the availability of compensation from the Department of .Tustit

e Board of Claims in accordance with the provisions of Republic Act. No.7309 (1992).

(8) To be entitled to support services from the Department of Social Welfare and
11
Development and local govenm1ent units; ·

(9) To be entitled to all legal remedies and support as provided for under the Family Code;

(10) To be informed of the rights and the services available to victims of offenses including
the right to apply for a protection order;

(11) To full and timely restitution as provided by law;

(12) To proceedings that are free from unre aso na ble delay;

(13) To be treated with fairness and with respect for the victim's dignity aml privacy; and

(14) To be provided with the appropriate assistance and psychological intervention by the
local social welfare and development office, the Department of Social Welfare and
Development and other concerned agencies. (a)

Section 39. Responsibilities of the Court. - For the protection of the rights of the child in the
co nflict with the law, the court shall have the following responsibilitie s :

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(1) To monitor the status of a child whose case is pending in its court placed in a " Ba.hay
Pag-asa" or other institution during the pendency of the child's case;

(2) To receive and refer to the proper agency complaints concerning violations of the
rights of the ch ild whose case is pending in its court;

(3) To require all profess ionals working for the welfare of the child, s uch as barangay
caf>lains, teachers , soc ial workers, medical professionals, and law enforcers, to render
reg ular monthly reports to the court;

(4) To order access to adequate services for rehabilitation, counse ling and other forms of
reinteg ration for the child;

(5) To ensure that the child who is capa ble of forming his or her own views has the right
to express those views free ly in all matters affecting the child, and that such views be
accorded due weight in accordance with the developmental age and maturity of the chilcl;

(6) To ensure that the child, either directly or through a representative, is provided the
opportunity to be heard in all proceedings affecting such child;

(7) To ens ure communication at all times between the judge and the child;

(8) To ensure that the child sits with close family members and other persons of the chil
d's choice during the co urt proceed ings;

(9) To ensure that the child can communicate freely with counsel at all times;

(10) To ensure that the child is informed in age-appropriate language of all stages of
the judicia l proceeding affecting such child;

(11) To ensure that a child place d in a "Bahay Pag-asa" or Youth Rehabilitation Center or
in any child facility be given appropriate medical examination in order to determine and
put on record any evidence of ill-treatment; to identify any physical or mental condition
requirin g medical attention; and the reafter make sure that the child is provided adequate
treatment and medical attention;

(12) To ensure that a child is informed as soon as possible of the death, serious illness or
injury of any immediate fam ily member and be allowed to visit the ill family member or
attend the funeral, when appropriate and advisable;

(13) To ensure that if a child dies during the pendency of the case or within six (6) months
from release, an independent inquiry is conduct ed on the circumstances of the death and a
report thereof , including the child' s death certificate, be made available to the child's
mother or father, guardian, cu stodian or nearest relat ive;

(14) When appropriate and advisable, to allow the child to temporarily leave the detention
home or rehabilitation center by means of an 11out-on-pass'' order to aliend special fa mi
ly occasion s s uch as Christmas and New Year cele brations. The 11o ut-on-pass 11 order
shall contain reasonable restrictions to ensure safety, security and timely return to
detention as may be determined by the court;

(15) To allo w at all times, and from the moment of initial contact, any member of the
family or the guardian of the child lo visit the child; unless prejudicial to the latter's best
interest;

(16) To allow the appo intm ent of a Guard ian Ad Litem if available and advisab le, to enable
the child to raise concerns and com plaints witho ut fear of retribution; and

20
 (17) To undertake all other appropriate measures to ensure the promotion of the best
interest of the child and the child's eventual reintegration in society. (a)

Section 40. Determination ( / the Bests Interests of the Child. - The following factors may be
considered in determining the best interests of a chi.Id in conflict with the law: the child's age and
sex, tbe child's mental and physical health, the mental and physical health of the parents, thci r
lifestyle and other social factors; the emotioiml ties between the parents and the child, the ability
of the parents to provide the child with food, shelter, clothing and medical care; the established
Jiving pattern for the child concerning school, home, community and religious institution, quality
of schooling, the existence of other relatives who may be in a better position to be with the
child and tbe child's relationship with these relatives; the child's background, maturity and
level of understanding, sexual orientation, lifestyle and any other characteristics and needs of the
child that the court may deem relevant.

Section 41. Arraignment and Plea. -The provisions of Rules 116 and 117 of the Revised Rules <'if
Criminal Procedure shall apply to the arraignment of the child in conflict with the law. The
arraignment shall be scheduled within three (3) clays from the date of receipt of the complaint or
Information by the court, unle ss a shorter period is provided for by la w. In case the child is not
assisted by a private counsel, the court shall immediately appoint its Public Attorney as the cbiId's
counsel de o.ficio.

Arraignment shall be held in chambers and conducted by the judge by furnishing the child and
counsel a copy of the complaint or Information, reading the same in a language or dialect known
to and understood by the child, explaining the nature and consequences of a plea of guilty or not
guilty and asking the child's plea.

Section 42. Pre-trial. - The provisions of Rule 118 of the Revised Rules of Criminal Procedure
shall govern the pre-trial of the child in conflict with the law. Agreements or admissions 1rn1cle
during the pre-trial conference shall be in writing and signed by the child, the mother, father or
duly appointed guardian, and counsel; otherwise, the agreements or admissions shall not be
admissible against the child. Whenever possible and practicable, the court shall explore all
po ssi bili ties of se tt lement of the case, except its criminal aspect. Plea bargaining shalI be resorted
to when it shall serve the best interest of the child and the demands of truth and resto.rative.justice.
(a)
Se c tion 43. Trial. - All hearings shall be conducted in a manner conducive to the best interest of
the child and in an environment that will allow the child to participate fully and freely in
::1cco rdance with the Rule on Examination of a Child Witness.

Section 44. Guiding Principles in Judging the Child. - Subject to the provisions of the Revised
Penal Code, as amended, and other special laws, the judgment against a child in conflict with the
law shall be guided by the following principles:

(1) The judgmen t shall be in proportion to the gravit y of the offense, and shall cons ider the
circumstances and the best interes t of the chi ld, th e righ ts of the victim, and the needs Qf
society in line with the demands of restorative justice. (a)

(2) Restrictions on the personal liberty of the child shall be limited to the minimum. Where
discretion is given by law to tbe jud ge to determine whether the penalty to be imposed is
fine or imp risonment , the imposition of fine should be preferred as the more appropriate
penalty.

(3) No corporal punishment shall be imposed.

( 4 ) In case of the presence of any exculpatory evidence or doubt in the prosecutio n's
ev idence , the doubt sha ll be resolved in favor of the child.

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,.1

Section 45. Promulgation of Sentence. - If, after the trial, the court should find the child in conflic t
wi th the la w g uilt y beyond reasona ble doubt of the offense charged, it shall impose the proper
penalty, inc lu ding any civil l ia bility which the child may have inc urred, and promulgate the
sente nce in accordance with Section 6, Rule 120 of the Revised Rules of Criminal Procedure.

Section 46. Automatic Su.sp ension ofSentence and Disposition Orders. - If the child is found guilty
of the offense charged, the court, instead of exec uting the judgment of conviction , shall place the
child in co nflict with the law under suspended sentence, without need of application. Suspension
(,f sentence can be availed of even if the child is already eighteen years (18) of age or more but not
above twenty-one (21) years old, at the time of the pronouncement of guilt, without prejudice to
the child's availin g of othe r benefits such as probation, if qualified, or acUustment of pena lty, in
the
inter est of justice.

The benefi ts of suspended sentence shall not apply to a child in conflict with the law who has once
enjoyed suspension of sentence, but shall nonetheless apply to one who is convicted of an offense
punishable by reclusion perpetua or life imprisonment pursuant to the provisions of Republic
Np
Act
• •. J
9346 prohibiting the imposition of the death penalty and in lieu thereof, reclusion perpetua,
• •

and after application of the privileged mitigating circumstance of minority. If the child in conflict
{- ith the law reac hes eighteen (18) years of age while under suspended sentence, the court shall
dete r mine, upon the recom menda tion of the social wor ker assigned to the child and after
sp nsiclerin g the various circumstances, whether to discharge the child in accordance with th e
p rov isio ns of Republic Act No. 93 44 , as ame ncle cl, or to exte n d the suspended sentence for a
n;aximu rn period of up to the time the child reaches twenty-one (21) years of age, or to order
service of sentence. (a) .

Section 47. Disposition Con ference. - In case of s usp e nded sentence , the court shall set the case
for disposition confere nce within fifteen (15) clays from the promulgation of sentence with notice
to the social worker of the court, the child and the parents or guardian of the child and the child's
counsel, the victim and counsel. At the conference, the court shall proceed to determine and iss ue
any or a combination of the fo llowi ng dispos ition mea sures best suited to the rehabilitation and
welfrU'e of t he child:

(1) Care, guidance, and supervision orders;

(2) Commun it y se rvice orders;

(3) Drng and alcohol treatment

(4) Partic ipation in group counseling and similar activities; and

(5) Commit ment to the Youth Re habi li ta tion Ce nter of th e Department of Social Welfare
and Development or other centers for children in conflict with the law authori zed by the
Sec retary of the Depart1i1ent of Soc ial Welfare and Development.

r :t.!ct io n 48. Compliance with Disposition Measures. - The social wo rker assigned to the child
shall mo nito r the comp liance by the child in conflict with the law with the disposition measures
and shall submit regularly to the co urt a status and progress report on the matter. The court may
set a co nference for the eva luation of such report in the presence, if practicable, of the child, the
parents
·o,· guardian, co unsel and other persons whose presence may be deemed necessary.

Section 49. Discharge of Child Subject of Disposition Measure. - Upon the reco m mendation of
the soc ial worker assigned to the child, the co ur t shall, after clue notice to all parties and hearing,
d is miss the case again st the child who has been issued disposition measures, even before reach ing
eighteen (18) years of age, and order a final discharge if it finds that the child ha s been rehabilitated
and has shown the capability to be a usefu l member of the community. If the court finds that the
child (a) is incorrigibl e; or (b) has not shown the capability of becoming a useful member of
' ::o cie ty; or (c) has willfully failed to comply with the conditions of the disposition or rehabilitation

22
program; (d) or the child's continued stay in the training institution is not in the child's best inte
rest, the child shall be brought before the comi for execution of the judgment. The final release of
the child shall not extinguish the civil liability. The parents and other persons exercising parental
authority over the child shall be civilly liable for the inj uries and damages caused by the acts or
omissions of the child living in their company and under the parental authority subject to the
appropriate defenses provided by law.

Section SO. Probation as an Alternative to Imprisonment. - The court may, after it shalI have
convicted and sentenced a child in conflict with the law and upon application at any time,
place the child on probation if qualified, in lieu of service of sentence taking into account the best
interest of the child.

Section 51. Credit in Service ofSentence. - The ch ild in conflict with the law shall be credited in
the service of his/her sentence with the full time spent in actual commitment and detention under
Republic Act No. 9344, as amended.

Any form of physical restraint imposed on the child in conflict with the law, including commun it y
service and commitment to a rehabilitation center, shall be considered preventive imprisonmcn1t
(a)
Section 52. Co11fidentiality of Proceedings and Record. - All records and proceedings invo lvi ng
children in conflict with the law from initial contact until final disposition of the case by the cou1t
shall be considered privileged and confidential. The public shall be excluded durin g the
proceedings and pursuant to the provisions of Section 31 of the Rule on Examination of a ChiId
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 child
may have the sentence suspended under Section 38 of this Rule or if the child may be gn:mt e cl
p robation under the Probation Law, or to enforce the civil liabili ty imposed in the criminal action.

The court shall employ other measures to protect confidentiality of proceedings includ ing non
disclosure of records to the media, the maintenance of a separate police blotter for cases inv olving
chi ldren in conflict with the law and the adoption of a system of coding to <;:,onceal mat er ial
information, which will lead to the child's identity. The records of children in conflict with the law
shall not be used in subseq uent proceedings or cases involving the same offender as an adu l t,
except when beneficial for the offender and upon his/ her written consent. (a)

Section 53. Non-Ii.ability.for Pe,:jury or Concealment or Misrepresentation. - Any perso n who has
been in conflict with the law as a child shall not be held guilty of pe1jury or of concealment: or
misrepresentation by reason of failure to acknowledge the case or recite any fact relat ed thereto in
response to any inquiry.

Section 54. Sealing o_f'Records. - The court, motu proprio or upon application of a person who has
been adjudged a child in conflict with the la w, or if still a minor , on motion of the parents or legc 1l
g uardian , sha ll, upon notice to the prosecution and after hearing, order the sealing of the rec ords
of the case if it finds that two (2) years have elapsed s ince the final discharge of the child after
suspension of sentence or probation, or from the date of the closure order and the child h as no
pending case of an offense or a crime involving moral turpitude. Upon entry of the order, the cas
shall be treated as if it never occurred. All index references shall be deleted and in case of inquiry
the court, prosecution, la w enforcement officers and all other offices and agencies th at dealt with
the case shall reply that no record exists with respect to the child concerned. Copies of the ord er
s hall be sent to these officials and agencies named in the order. Inspection of the sealed reco rds
thereafter may be permitted only by order of the court upon petition of the child who is the sub,icc t
of the record s or of other proper parties. This procedure shall be with out prejudic e to the rule o n
dest ruction of video or audio tapes under Section 3 1 of the Rule on the Examination of a Child
Wit ness.

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 Section 55. Prohibition of Labeling. - In the conduct of proceedings from initial contact with the
child in conflict with the law to the final disp osi tio n of the case, the re s hall be no branding or
'.<.1beling of the chi ld as a young criminal, juvenile delinquent, prostitute, vagrant, or attaching to
!.11c c hild in any manner any derogatory description or name. Likewise, no discrim inatory
s ta tements, conduct and practices shall be allowed, particularly with respect to the child's social or
eco nom ic s ta tus, physical or mental disability or etlrnic orig in.

Section 56. Con/empt Powers. - A person who directly or indirectly disobeys any order of the
court or obstructs or interfe res with its proceedings or the enforcement of its orders issued under
th is Rule shall be liab le for co ntem pt of court.

Section 57. Ej/ectivity. - This 2019 Revised Rule on Childr en in Conflict with the Law shall take
effecl fifteen (15) cla ys fo l lo w ing its publ ic atio n in the Offi c ia l Gaze tte or in two (2) news papers
of nnt io na l circulation.

24