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Republic Act No.

8294 June 6, 1997


AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO.
1866, AS AMENDED, ENTITLED "CODIFYING THE LAWS ON
ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN,
ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR
EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF
FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER
PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR RELEVANT
PURPOSES."
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further amended
to read as follows:
"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of firearms
or ammunition or instruments used or intended to be used in the manufacture of
firearms or ammunition. – The penalty of prision correccional in its maximum period
and a fine of not less than Fifteen thousand pesos (P15,000) shall be imposed upon
any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess
any low powered firearm, such as rimfire handgun, .380 or .32 and other firearm of
similar firepower, part of firearm, ammunition, or machinery, tool or instrument used
or intended to be used in the manufacture of any firearm or ammunition: Provided,
That no other crime was committed.
"The penalty of prision mayor in its minimum period and a fine of Thirty thousand
pesos (P30,000) shall be imposed if the firearm is classified as high powered firearm
which includes those with bores bigger in diameter than .38 caliber and 9 millimeter
such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered
powerful such as caliber .357 and caliber .22 center-fire magnum and other firearms
with firing capability of full automatic and by burst of two or three: Provided,
however, That no other crime was committed by the person arrested.
"If homicide or murder is committed with the use of an unlicensed firearm, such use
of an unlicensed firearm shall be considered as an aggravating circumstance.
"If the violation of this Sec. is in furtherance of or incident to, or in connection with
the crime of rebellion or insurrection, sedition, or attempted coup d'etat, such
violation shall be absorbed as an element of the crime of rebellion, or insurrection,
sedition, or attempted coup d'etat.
"The same penalty shall be imposed upon the owner, president, manager, director or
other responsible officer of any public or private firm, company, corporation or entity,
who shall willfully or knowingly allow any of the firearms owned by such firm,
company, corporation or entity to be used by any person or persons found guilty of
violating the provisions of the preceding paragraphs or willfully or knowingly allow
any of them to use unlicensed firearms or firearms without any legal authority to be
carried outside of their residence in the course of their employment.
"The penalty of arresto mayor shall be imposed upon any person who shall carry any
licensed firearm outside his residence without legal authority therefor."
Section 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further
amended to read as follows:
"Sec. 3. Unlawful manufacture, sale, acquisition, disposition or possession of
explosives. – The penalty of prision mayor in its maximum period to reclusion
temporal and a fine of not less than Fifty thousand pesos (P50,000) shall be imposed
upon any person who shall unlawfully manufacture, assemble, deal in, acquire,
dispose or possess hand grenade(s), rifle grenade(s), and other explosives, including
but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other incendiary
devices capable of producing destructive effect on contiguous objects or causing
injury or death to any person.
"When a person commits any of the crimes defined in the Revised Penal Code or
special laws with the use of the aforementioned explosives, detonation agents or
incendiary devices, which results in the death of any person or persons, the use of
such explosives, detonation agents or incendiary devices shall be considered as an
aggravating circumstance.
"If the violation of this Sec. is in furtherance of, or incident to, or in connection with
the crime of rebellion, insurrection, sedition or attempted coup d'etat, such violation
shall be absorbed as an element of the crimes of rebellion, insurrection, sedition or
attempted coup d'etat.
"The same penalty shall be imposed upon the owner, president, manager, director or
other responsible officer of any public or private firm, company, corporation or entity,
who shall willfully or knowingly allow any of the explosives owned by such firm,
company, corporation or entity, to be used by any person or persons found guilty of
violating the provisions of the preceding paragraphs."
Section 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further
amended to read as follows:
"Sec. 5. Tampering of firearm's serial number. – The penalty of prision correccional
shall be imposed upon any person who shall unlawfully tamper, change, deface or
erase the serial number of any firearm."
Section 4. Sec. 6 of Presidential Decree No. 1866, as amended, is hereby further
amended to read as follows:
"Sec. 6. Repacking or altering the composition of lawfully manufactured explosives.
– The penalty of prision correccional shall be imposed upon any person who shall
unlawfully repack, alter or modify the composition of any lawfully manufactured
explosives."
Section 5. Coverage of the Term Unlicensed Firearm. – The term unlicensed firearm
shall include:
1) firearms with expired license; or
2) unauthorized use of licensed firearm in the commission of the crime.
Section 6. Rules and regulations. – The Department of Justice and the Department of the
Interior and Local Government shall jointly issue, within ninety (90) days after the
approval of this Act, the necessary rules and regulations pertaining to the administrative
aspect of the provisions hereof, furnishing the Committee on Public Order and Security
and the Committee on Justice and Human Rights of both Houses of Congress copies of
such rules and regulations within thirty (30) days from the promulgation hereof.
Section 7. Separability clause. – If, for any reason, any Sec. or provision of this Act is
declared to be unconstitutional or invalid, the other Sec.s or provisions thereof which are
not affected thereby shall continue to be in full force and effect.
Section 8. Repealing clause. – All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed, amended, or
modified accordingly.
Section 9. Effectivity. – This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved: June 6, 1997.

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand
and five.
Republic Act No. 9344
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 I
GOVERNING PRINCIPLES
CHAPTER 1
TITLE, 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.
(e) "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:
(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.
(I) "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.
(0) "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.
CHAPTER 2
PRINCIPLES 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;
(I) 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 ofAge. - 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 II
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND
WELFARE
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
(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 III
PREVENTION OF JUVENILE DELINQUENCY
CHAPTER 1
THE 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 2
COMPREHENSIVE 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.
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 IV
TREATMENT 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 V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL 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;
(e) 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;
(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; 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
such examination; and
(m) 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 2
DIVERSION
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.
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.
CHAPTER 3
PROSECUTION
SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor
to conduct inquest, preliminary investigation and prosecution of cases involving a child
in conflict with the law. If there is an allegation of torture or ill-treatment of a child in
conflict with the law during arrest or detention, it shall be the duty of the prosecutor to
investigate the same.
SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall
conduct a preliminary investigation in the following instances: (a) when the child in
conflict with the law does not qualify for diversion: (b) when the child, his/her parents or
guardian does not agree to diversion as specified in Sections 27 and 28; and (c) when
considering the assessment and recommendation of the social worker, the prosecutor
determines that diversion is not appropriate for the child in conflict with the law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the
Public Attorney's Office of such service, as well as the personal information, and place of
detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor, the information against the child
shall be filed before the Family Court within forty-five (45) days from the start of the
preliminary investigation.
CHAPTER 4
COURT PROCEEDINGS
SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged
mitigating circumstance of minority shall be considered.
SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:
(a) the release of the minor on recognizance to his/her parents and other suitable
person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or hearing of
his/her case.
SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial may be
released on bail or recognizance as provided for under Sections 34 and 35 under this Act.
In all other cases and whenever possible, detention pending trial may be replaced by
alternative 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 chcumstances 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 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 5
CONFIDENTIALITY 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 VI
REHABILITATION 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.
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 child
in conflict with the law may, after conviction and upon order of the court, be made to
serve his/her sentence, in lieu of confinement in a regular penal institution, in an
agricultural camp and other training facilities that may be established, maintained,
supervised and controlled by the BUCOR, in coordination with the DSWD.
SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in conflict with
the law, whose sentences are suspended may, upon order of the court, undergo any or a
combination of disposition measures best suited to the rehabilitation and welfare of the
child as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.
If the community-based rehabilitation is availed of by a child in conflict with the law,
he/she shall be released to parents, guardians, relatives or any other responsible person in
the community. Under the supervision and guidance of the local social welfare and
development officer, and in coordination with his/her parents/guardian, the child in
conflict with the law shall participate in community-based programs, which shall include,
but not limited to:
(1) Competency and life skills development;
(2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Homelife services;
(7) Health services; .
(8) Spiritual enrichment; and
(9) Community and family welfare services.
In accordance therewith, the family of the child in conflict with the law shall endeavor to
actively participate in the community-based rehabilitation.
Based on the progress of the youth in the community, a final report will be forwarded by
the local social welfare and development officer to the court for final disposition of the
case.
If the community-based programs are provided as diversion measures under Chapter II,
Title V, the programs enumerated above shall be made available to the child in conflict
with the law.
SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation center shall provide 24-
hour group care, treatment and rehabilitation services under the guidance of a trained
staff where residents are cared for under a structured therapeutic environment with the
end view of reintegrating them in their families and communities as socially functioning
individuals. A quarterly report shall be submitted by the center to the proper court on the
progress of the children in conflict with the law. Based on the progress of the youth in the
center, a final report will be forwarded to the court for final disposition of the case. The
DSWD shall establish youth rehabilitation centers in each region of the country.
SEC. 54. Objectives of Community Based Programs. - The objectives of community-
based programs are as follows:
(a) Prevent disruption in the education or means of livelihood of the child in conflict
with the law in case he/she is studying, working or attending vocational learning
institutions;
(b) Prevent separation of the child in conflict with the law from his/her
parents/guardians to maintain the support system fostered by their relationship and to
create greater awareness of their mutual and reciprocal responsibilities;
(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law
and encourage community support and involvement; and
(d) Minimize the stigma that attaches to the child in conflict with the law by
preventing jail detention.
SEC. 55. Criteria of Community-Based Programs. - Every LGU shall establish
community-based programs that will focus on the rehabilitation and reintegration of the
child. All programs shall meet the criteria to be established by the JJWC which shall take
into account the purpose of the program, the need for the consent of the child and his/her
parents or legal guardians, and the participation of the child-centered agencies whether
public or private.
SEC. 56. After-Care Support Services for Children in Conflict with the Law. - Children
in conflict with the law whose cases have been dismissed by the proper court because of
good behavior as per recommendation of the DSWD social worker and/or any accredited
NGO youth rehabilitation center shall be provided after-care services by the local social
welfare and development officer for a period of at least six (6) months. The service
includes counseling and other community-based services designed to facilitate social
reintegration, prevent re-offending and make the children productive members of the
community.
TITLE VII
GENERAL PROVISIONS
CHAPTER 1
EXEMPTING 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 2
PROHIBITED ACTS
SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the
proceedings beginning from the initial contact with the child, the competent authorities
must refrain from branding or labeling children as young criminals, juvenile delinquents,
prostitutes or attaching to them in any manner any other derogatory names. Likewise, no
discriminatory remarks and practices shall be allowed particularly with respect to the
child's class or ethnic origin.
SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be
considered prejudicial and detrimental to the psychological, emotional, social, spiritual,
moral and physical health and well-being of the child in conflict with the law and
therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as cursing, beating,
stripping, and solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of punishment such as
shaving the heads, pouring irritating, corrosive or harmful substances over the body
of the child in conflict with the law, or forcing him/her to walk around the community
wearing signs which embarrass, humiliate, and degrade his/her personality and
dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under
any and all instances.
CHAPTER 3
PENAL PROVISION
SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in General. -
Any person who violates any provision of this Act or any rule or regulation promulgated
in accordance thereof shall, upon conviction for each act or omission, be punished by a
fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty
thousand pesos (P50,000.00) or suffer imprisonment of not less than eight (8) years but
not more than ten (10) years, or both such fine and imprisonment at the discretion of the
court, unless a higher penalty is provided for in the Revised Penal Code or special laws.
If the offender is a public officer or employee, he/she shall, in addition to such fine and/or
imprisonment, be held administratively liable and shall suffer the penalty of perpetual
absolute disqualification.
CHAPTER 4
APPROPRIATION PROVISION
SEC. 63. Appropriations. - The amount necessary to carry out the 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.
TITLE VIII
TRANSITORY PROVISIONS
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon
effectivity of this Act, cases of children fifteen (15) years old and below at the time of the
commission of the crime shall immediately be dismissed and the child shall be referred to
the appropriate local social welfare and development officer. Such officer, upon thorough
assessment of the child, shall determine whether to release the child to the custody of
his/her parents, or refer the child to prevention programs as provided under this Act.
Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation
center shall likewise be released, unless it is contrary to the best interest of the child.
SEC. 65. Children Detained Pending Dial. - If the child is detained pending trial, the
Family Court shall also determine whether or not continued detention is necessary and, if
not, determine appropriate alternatives for detention.
If detention is necessary and he/she is detained with adults, the court shall immediately
order the transfer of the child to a youth detention home.
SEC. 66. Inventory of "Locked-up" and Detained Children in Conflict with the Law. -
The PNP, the BJMP and the BUCOR are hereby directed to submit to the JJWC, within
ninety (90) days from the effectivity of this 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 IX
FINAL 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 dfected 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.

PRESIDENTIAL DECREE No. 968 July 24, 1976


ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
WHEREAS, one of the major goals of the government is to establish a more enlightened
and humane correctional systems that will promote the reformation of offenders and
thereby reduce the incidence of recidivism;
WHEREAS, the confinement of all offenders prisons and other institutions with
rehabilitation programs constitutes an onerous drain on the financial resources of the
country; and
WHEREAS, there is a need to provide a less costly alternative to the imprisonment of
offenders who are likely to respond to individualized, community-based treatment
programs;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order and decree the
following:
Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation
Law of 1976. It shall apply to all offenders except those entitled to the benefits under the
provisions of Presidential Decree numbered Six Hundred and three and similar laws.
Section 2. Purpose. This Decree shall be interpreted so as to:
(a) promote the correction and rehabilitation of an offender by providing him with
individualized treatment;
(b) provide an opportunity for the reformation of a penitent offender which might be
less probable if he were to serve a prison sentence; and
(c) prevent the commission of offenses.
Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the
context otherwise requires, be construed thus:
(a) "Probation" is a disposition under which a defendant, after conviction and
sentence, is released subject to conditions imposed by the court and to the supervision
of a probation officer.
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court a referral for
probation or supervises a probationer or both.
Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may,
after it shall have convicted and sentenced a defendant and upon application at any time
of said defendant, suspend the execution of said sentence and place the defendant on
probation for such period and upon such terms and conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine
only. An application for probation shall be filed with the trial court, with notice to the
appellate court if an appeal has been taken from the sentence of conviction. The filing of
the application shall be deemed a waver of the right to appeal, or the automatic
withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.
Section 5. Post-sentence Investigation. No person shall be placed on probation except
upon prior investigation by the probation officer and a determination by the court that the
ends of justice and the best interest of the public as well as that of the defendant will be
served thereby.
Section 6. Form of Investigation Report. The investigation report to be submitted by the
probation officer under Section 5 hereof shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.
Section 7. Period for Submission of Investigation Report. The probation officer shall
submit to the court the investigation report on a defendant not later than sixty days from
receipt of the order of said court to conduct the investigation. The court shall resolve the
petition for probation not later than five days after receipt of said report.
Pending submission of the investigation report and the resolution of the petition, the
defendant may be allowed on temporary liberty under his bail filed in the criminal case;
Provided, That, in case where no bail was filed or that the defendant is incapable of filing
one, the court may allow the release of the defendant on recognize the custody of a
responsible member of the community who shall guarantee his appearance whenever
required by the court.
Section 8. Criteria for Placing an Offender on Probation. In determining whether an
offender may be placed on probation, the court shall consider all information relative, to
the character, antecedents, environment, mental and physical condition of the offender,
and available institutional and community resources. Probation shall be denied if the
court finds that:
(a) the offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution; or
(b) there is undue risk that during the period of probation the offender will commit
another crime; or
(c) probation will depreciate the seriousness of the offense committed.
Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to
those:
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than
Two Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this
Decree became applicable pursuant to Section 33 hereof.
Section 10. Conditions of Probation. Every probation order issued by the court shall
contain conditions requiring that the probationer shall:
(a) present himself to the probation officer designated to undertake his supervision at
such place as may be specified in the order within seventy-two hours from receipt of
said order;
(b) report to the probation officer at least once a month at such time and place as
specified by said officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said employment
without the prior written approval of the probation officer;
(d) undergo medical, psychological or psychiatric examination and treatment and
enter and remain in a specified institution, when required for that purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of
persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker to visit his home and
place or work;
(j) reside at premises approved by it and not to change his residence without its prior
written approval; or
(k) satisfy any other condition related to the rehabilitation of the defendant and not
unduly restrictive of his liberty or incompatible with his freedom of conscience.
Section 11. Effectivity of Probation Order. A probation order shall take effect upon its
issuance, at which time the court shall inform the offender of the consequences thereof
and explain that upon his failure to comply with any of the conditions prescribed in the
said order or his commission of another offense, he shall serve the penalty imposed for
the offense under which he was placed on probation.
Section 12. Modification of Condition of Probation. During the period of probation, the
court may, upon application of either the probationer or the probation officer, revise or
modify the conditions or period of probation. The court shall notify either the probationer
or the probation officer of the filing such an application so as to give both parties an
opportunity to be heard thereon.
The court shall inform in writing the probation officer and the probationer of any change
in the period or conditions of probation.
Section 13. Control and Supervision of Probationer. The probationer and his probation
program shall be under the control of the court who placed him on probation subject to
actual supervision and visitation by a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of another
court, control over him shall be transferred to the Executive Judge of the Court of First
Instance of that place, and in such a case, a copy of the probation order, the investigation
report and other pertinent records shall be furnished said Executive Judge. Thereafter, the
Executive Judge to whom jurisdiction over the probationer is transferred shall have the
power with respect to him that was previously possessed by the court which granted the
probation.
Section 14. Period of Probation.
(a) The period of probation of a defendant sentenced to a term of imprisonment of not
more than one year shall not exceed two years, and in all other cases, said period shall
not exceed six years.
(b) When the sentence imposes a fine only and the offender is made to serve
subsidiary imprisonment in case of insolvency, the period of probation shall not be
less than nor to be more than twice the total number of days of subsidiary
imprisonment as computed at the rate established, in Article thirty-nine of the Revised
Penal Code, as amended.
Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation,
the court may issue a warrant for the arrest of a probationer for violation of any of the
conditions of probation. The probationer, once arrested and detained, shall immediately
be brought before the court for a hearing, which may be informal and summary, of the
violation charged. The defendant may be admitted to bail pending such hearing. In such a
case, the provisions regarding release on bail of persons charged with a crime shall be
applicable to probationers arrested under this provision. If the violation is established, the
court may revoke or continue his probation and modify the conditions thereof. If revoked,
the court shall order the probationer to serve the sentence originally imposed. An order
revoking the grant of probation or modifying the terms and conditions thereof shall not be
appealable.
Section 16. Termination of Probation. After the period of probation and upon
consideration of the report and recommendation of the probation officer, the court may
order the final discharge of the probationer upon finding that he has fulfilled the terms
and conditions of his probation and thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspend as a result of his conviction and to fully discharge his liability for any fine
imposed as to the offense for which probation was granted.
The probationer and the probation officer shall each be furnished with a copy of such
order.
Section 17. Confidentiality of Records. The investigation report and the supervision
history of a probationer obtained under this Decree shall be privileged and shall not be
disclosed directly or indirectly to anyone other than the Probation Administration or the
court concerned, except that the court, in its discretion, may permit the probationer of his
attorney to inspect the aforementioned documents or parts thereof whenever the best
interest of the probationer make such disclosure desirable or helpful: Provided, Further,
That, any government office or agency engaged in the correction or rehabilitation of
offenders may, if necessary, obtain copies of said documents for its official use from the
proper court or the Administration.
Section 18. The Probation Administration. There is hereby created under the Department
of Justice an agency to be known as the Probation Administration herein referred to as the
Administration, which shall exercise general supervision over all probationers.
The Administration shall have such staff, operating units and personnel as may be
necessary for the proper execution of its functions.
Section 19. Probation Administration. The Administration shall be headed by the
Probation Administrator, hereinafter referred to as the Administrator, who shall be
appointed by the President of the Philippines. He shall hold office during good behavior
and shall not be removed except for cause.
The Administrator shall receive an annual salary of at least forty thousand pesos. His
powers and duties shall be to:
(a) act as the executive officer of the Administration;
(b) exercise supervision and control over all probation officers;
(c) make annual reports to the Secretary of Justice, in such form as the latter may
prescribe, concerning the operation, administration and improvement of the probation
system;
(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules
relative to the methods and procedures of the probation process;
(e) recommend to the Secretary of Justice the appointment of the subordinate
personnel of his Administration and other offices established in this Decree; and
(f) generally, perform such duties and exercise such powers as may be necessary or
incidental to achieve the objectives of this Decree.
Section 20. Assistant Probation Administrator. There shall be an Assistant Probation
Administrator who shall assist the Administrator perform such duties as may be assigned
to him by the latter and as may be provided by law. In the absence of the Administrator,
he shall act as head of the Administration.
He shall be appointed by the President of the Philippines and shall receive an annual
salary of at least thirty-six thousand pesos.
Section 21. Qualifications of the Administrator and Assistant Probation Administrator.
To be eligible for Appointment as Administrator or Assistant Probation Administrator, a
person must be at least thirty-five years of age, holder of a master's degree or its
equivalent in either criminology, social work, corrections, penology, psychology,
sociology, public administration, law, police science, police administration, or related
fields, and should have at least five years of supervisory experience, or be a member of
the Philippine Bar with at least seven years of supervisory experience.
Section 22. Regional Office; Regional Probation Officer. The Administration shall have
regional offices organized in accordance with the field service area patterns established
under the Integrated Reorganization Plan.
Such regional offices shall be headed by a Regional Probation Officer who shall be
appointed by President of the Philippines in accordance with the Integrated
Reorganization Plan and upon the recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all probation
officer within his jurisdiction and such duties as may assigned to him by the
Administrator. He shall have an annual salary of at least twenty-four thousand pesos.
He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who
shall also be appointed by the President of the Philippines, upon recommendation of the
Secretary of Justice, with an annual salary of at least twenty thousand pesos.
Section 23. Provincial and City Probation Officers. There shall be at least one probation
officer in each province and city who shall be appointed by the Secretary of Justice upon
recommendation of the Administrator and in accordance with civil service law and rules.
The Provincial or City Probation Officer shall receive an annual salary of at least
eighteen thousand four hundred pesos.
His duties shall be to:
(a) investigate all persons referred to him for investigation by the proper court or the
Administrator;
(b) instruct all probationers under his supervision of that of the probation aide on the
terms and conditions of their probations;
(c) keep himself informed of the conduct and condition of probationers under his
charge and use all suitable methods to bring about an improvement in their conduct
and conditions;
(d) maintain a detailed record of his work and submit such written reports as may be
required by the Administration or the court having jurisdiction over the probationer
under his supervision;
(e) prepare a list of qualified residents of the province or city where he is assigned
who are willing to act as probation aides;
(f) supervise the training of probation aides and oversee the latter's supervision of
probationers;
(g) exercise supervision and control over all field assistants, probation aides and other
personnel; and
(h) perform such duties as may be assigned by the court or the Administration.
Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial
or City Probation Officers shall have the authority within their territorial jurisdiction to
administer oaths and acknowledgments and to take depositions in connection with their
duties and functions under this Decree. They shall also have, with respect to probationers
under their care, the powers of police officer.
Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City
Probation Officers. No person shall be appointed Regional or Assistant Regional or
Provincial or City Probation Officer unless he possesses at least a bachelor's degree with
a major in social work, sociology, psychology, criminology, penology, corrections, police
science, administration, or related fields and has at least three years of experience in work
requiring any of the abovementioned disciplines, or is a member of the Philippine Bar
with at least three years of supervisory experience.
Whenever practicable, the Provincial or City Probation Officer shall be appointed from
among qualified residents of the province or city where he will be assigned to work.
Section 26. Organization. Within twelve months from the approval of this Decree, the
Secretary of Justice shall organize the administrative structure of the Administration and
the other agencies created herein. During said period, he shall also determine the staffing
patterns of the regional, provincial and city probation offices with the end in view of
achieving maximum efficiency and economy in the operations of the probation system.
Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation
Officers shall be assisted by such field assistants and subordinate personnel as may be
necessary to enable them to carry out their duties effectively.
Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the
supervision of probationers, the Probation Administrator may appoint citizens of good
repute and probity to act as probation aides.
Probation Aides shall not receive any regular compensation for services except for
reasonable travel allowance. They shall hold office for such period as may be determined
by the Probation Administrator. Their qualifications and maximum case loads shall be
provided in the rules promulgated pursuant to this Decree.
Section 29. Violation of Confidential Nature of Probation Records. The penalty of
imprisonment ranging from six months and one day to six years and a fine ranging from
hundred to six thousand pesos shall be imposed upon any person who violates Section 17
hereof.
Section 30. Appropriations. There is hereby authorized the appropriation of the sum of
Six Million Five Hundred Thousand Pesos or so much as may be necessary, out of any
funds in the National Treasury not otherwise appropriated, to carry out the purposes of
this Decree. Thereafter, the amount of at least Ten Million Five Hundred Thousand Pesos
or so much as may be necessary shall be included in the annual appropriations of the
national government.
Section 31. Repealing Clause. All provisions of existing laws, orders and regulations
contrary to or inconsistent with this Decree are hereby repealed or modified accordingly.
Section 32. Separability of Provisions. If any part, section or provision of this Decree
shall be held invalid or unconstitutional, no other parts, sections or provisions hereof
shall be affected thereby.
Section 33. Effectivity. This Decree shall take effect upon its approval: Provided,
However, That, the application of its substantive provisions concerning the grant of
probation shall only take effect twelve months after the certification by the Secretary of
Justice to the Chief Justice of the Supreme Court that the administrative structure of the
Probation Administration and of the other agencies has been organized.
DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen
hundred and seventy-six.

PRESIDENTIAL DECREE No. 1829


PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF
CRIMINAL OFFENDERS
WHEREAS, crime and violence continue to proliferate despite the sustained vigorous
efforts of the government to effectively contain them;
WHEREAS, to discourage public indifference or apathy towards the apprehension and
prosecution of criminal offenders, it is necessary to penalize acts which obstruct or
frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of
criminal offenders;
NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by law do hereby decree and order the following:
Section 1. The penalty of prision correccional in its maximum period, or a fine ranging
from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or
willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the
investigation and prosecution of criminal cases by committing any of the following acts:
(a) preventing witnesses from testifying in any criminal proceeding or from reporting
the commission of any offense or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats;
(b) altering, destroying, suppressing or concealing any paper, record, document, or
object, with intent to impair its verity, authenticity, legibility, availability, or
admissibility as evidence in any investigation of or official proceedings in, criminal
cases, or to be used in the investigation of, or official proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has
reasonable ground to believe or suspect, has committed any offense under existing
penal laws in order to prevent his arrest prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading
prosecution or the execution of a judgment, or concealing his true name and other
personal circumstances for the same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing the service of process or
court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the
courts;
(f) making, presenting or using any record, document, paper or object with
knowledge of its falsity and with intent to affect the course or outcome of the
investigation of, or official proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of
abstaining from, discounting, or impeding the prosecution of a criminal offender;
(h) threatening directly or indirectly another with the infliction of any wrong upon his
person, honor or property or that of any immediate member or members of his family
in order to prevent such person from appearing in the investigation of, or official
proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful,
in order to prevent a person from appearing in the investigation of or in official
proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent the law enforcement
agencies from apprehending the offender or from protecting the life or property of the
victim; or fabricating information from the data gathered in confidence by
investigating authorities for purposes of background information and not for
publication and publishing or disseminating the same to mislead the investigator or to
the court.
If any of the acts mentioned herein is penalized by any other law with a higher penalty,
the higher penalty shall be imposed.
Section 2. If any of the foregoing acts is committed by a public official or employee, he
shall in addition to the penalties provided thereunder, suffer perpetual disqualification
from holding public office.
Section 3. This Decree shall take effect immediately.

REPUBLIC ACT NO. 7659


AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS
CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS
AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES
WHEREAS, the Constitution, specifically Article III, Section 19 paragraph (1) thereof,
states "Excessive fines shall not be imposed nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. . .";
WHEREAS, the crimes punishable by death under this Act are heinous for being
grievous, odious and hateful offenses and which, by reason of their inherent or
manifest wickedness, viciousness, atrocity and perversity are repugnant and
outrageous to the common standards and norms of decency and morality in a just,
civilized and ordered society;
WHEREAS, due to the alarming upsurge of such crimes which has resulted not only in
the loss of human lives and wanton destruction of property but also affected the nation's
efforts towards sustainable economic development and prosperity while at the same time
has undermined the people's faith in the Government and the latter's ability to maintain
peace and order in the country;
WHEREAS, the Congress, in the justice, public order and the rule of law, and the need to
rationalize and harmonize the penal sanctions for heinous crimes, finds compelling
reasons to impose the death penalty for said crimes;
Now, therefore,
Section 1. Declaration of Policy. - It is hereby declared the policy of the State to foster
and ensure not only obedience to its authority, but also to adopt such measures as would
effectively promote the maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare which are essential for the enjoyment
by all the people of the blessings of democracy in a just and humane society;
Section 2. Article 114 of the Revised Penal Code, as amended, is hereby amended to read
as follows:
"Art. 114. Treason. - Any Filipino citizen who levies war against the Philippines or
adheres to her enemies giving them aid or comfort within the Philippines or
elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not to
exceed 100,000 pesos."
No person shall be convicted of treason unless on the testimony of two witnesses at
least to the same overt act or on confession of the accused in open court.
Likewise, an alien, residing in the Philippines, who commits acts of treason as
defined in paragraph 1 of this Article shall be punished by reclusion temporal to death
and shall pay a fine not to exceed 100,000 pesos."
Section 3. Section Three, Chapter One, Title One of Book Two of the same Code is
hereby amended to read as follows:
"Section Three. - Piracy and mutiny on the high seas or in the Philippine waters
Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. - The
penalty of reclusion perpetua shall be inflicted upon any person who, on the high
seas, or in Philippine waters, shall attack or seize a vessel or, not being a member of
its complement nor a passenger, shall seize the whole or part of the cargo of said
vessel, its equipment or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine
waters."
Art. 123. Qualified piracy. - The penalty of reclusion perpetua to death shall be
imposed upon those who commit any of the crimes referred to in the preceding
article, under any of the following circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving
themselves or;
3. Whenever the crime is accompanied by murder, homicide, physical injuries or
rape."
Section 4. There shall be incorporated after Article 211 of the same Code a new article to
read as follows:
"Art. 211-A. Qualified Bribery. - If any public officer is entrusted with law
enforcement and he refrains from arresting or prosecuting an offender who has
committed a crime punishable by reclusion perpetua and/or death in consideration of
any offer, promise, gift or present, he shall suffer the penalty for the offense which
was not prosecuted.
If it is the public officer who asks or demands such gift or present, he shall suffer the
penalty of death."
Section 5. The penalty of death for parricide under Article 246 of the same Code is
hereby restored, so that it shall read as follows:
"Art. 246. Parricide. - Any person who shall kill his father, mother, or child, whether
legitimate of illegitimate, or any of his ascendants, or descendants, or his spouse,
shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua
to death."
Section 6. Article 248 of the same Code is hereby amended to read as follows:
"Art. 248. Murder. - Any person who, not falling within the provisions of Article 246
shall kill another, shall be guilty of murder and shall be punished by reclusion
perpetua, to death if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense or of means or persons to insure
or afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a
vessel, derailment or assault upon a railroad, fall of an airship, or by means of
motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or
of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other
public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse."
Section 7. Article 255 of the same Code is hereby amended to read as follows:
"Art. 255. Infanticide. - The penalty provided for parricide in Article 246 and for
murder in Article 248 shall be imposed upon any person who shall kill any child less
than three days of age.
If any crime penalized in this Article be committed by the mother of the child for the
purpose of concealing her dishonor, she shall suffer the penalty of prision mayor in its
medium and maximum periods, and if said crime be committed for the same purpose
by the maternal grandparents or either of them, the penalty shall be reclusion
temporal."
Section 8. Article 267 of the same Code is hereby amended to read as follows:
"Art. 267. Kidnapping and serious illegal detention. - Any private individual who
shall kidnap or detain another, or in any other manner deprive him of his liberty, shall
suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than three days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person
kidnapped or detained; or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor, except when the accused
is any of the parents, female or a public officer.
The penalty shall be death penalty where the kidnapping or detention was committed
for the purpose of extorting ransom from the victim or any other person, even if none
of the circumstances above-mentioned were present in the commission of the offense.
When the victim is killed or dies as a consequence of the detention or is raped, or is
subjected to torture or dehumanizing acts, the maximum penalty shall be imposed."
Section 9. Article 294 of the same Code is hereby amended to read as follows:
"Art. 294. Robbery with violence against or intimidation of persons - Penalties. - Any
person guilty of robbery with the use of violence against or intimidation of any person
shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of
the robbery, the crime of homicide shall have been committed, or when the
robbery shall have been accompanied by rape or intentional mutilation or arson.
2. The penalty of reclusion temporal in its medium period to reclusion perpetua,
when or if by reason or on occasion of such robbery, any of the physical injuries
penalized in subdivision I of Article 263 shall have been inflicted.
3. The penalty of reclusion temporal, when by reason or on occasion of the
robbery, any of the physical injuries penalized in subdivision 2 of the article
mentioned in the next preceding paragraph, shall have been inflicted.
4. The penalty of prision mayor in its maximum period to reclusion temporal in its
medium period, if the violence or intimidation employed in the commission of the
robbery shall have been carried to a degree clearly unnecessary for the
commission of the crime, or when in the course of its execution, the offender shall
have inflicted upon any person not responsible for its commission any of the
physical injuries covered by subdivisions 3 and 4 of said Article 263.
5. The penalty of prision correccional in its maximum period to prision mayor in
its medium period in other cases."
Section 10. Article 320 of the same Code is hereby amended to read as follows:
"Art. 320. Destructive Arson. - The penalty of reclusion perpetua to death shall be
imposed upon any person who shall burn:
1. One (1) or more buildings or edifices, consequent to one single act of burning,
or as a result of simultaneous burnings, committed on several or different
occasions.
2. Any building of public or private ownership, devoted to the public in general or
where people usually gather or congregate for a definite purpose such as, but not
limited to, official governmental function or business, private transaction,
commerce, trade, workshop, meetings and conferences, or merely incidental to a
definite purpose such as but not limited to hotels, motels, transient dwellings,
public conveyances or stops or terminals, regardless of whether the offender had
knowledge that there are persons in said building or edifice at the time it is set on
fire and regardless also of whether the building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to
transportation or conveyance, or for public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto,
which are devoted to the service of public utilities.
5. Any building the burning of which is for the purpose of concealing or
destroying evidence of another violation of law, or for the purpose of concealing
bankruptcy or defrauding creditors or to collect from insurance.
Irrespective of the application of the above enumerated qualifying circumstances, the
penalty of reclusion perpetua to death shall likewise be imposed when the arson is
perpetrated or committed by two (2) or more persons or by a group of persons,
regardless of whether their purpose is merely to burn or destroy the building or the
burning merely constitutes an overt act in the commission or another violation of law.
The penalty of reclusion perpetua to death shall also be imposed upon any person
who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory,
ordnance, storehouse, archives or general museum of the Government.
2. In an inhabited place, any storehouse or factory of inflammable or explosive
materials.
If as a consequence of the commission of any of the acts penalized under this
Article, death results, the mandatory penalty of death shall be imposed."
Section 11. Article 335 of the same Code is hereby amended to read as follows:
"Art. 335. When and how rape is committed. - Rape is committed by having carnal
knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age or is demented.
The crime of rape shall be punished by reclusion perpetua.
Whenever the crime of rape is committed with the use of a deadly weapon or by two
or more persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall be death.
When the rape is attempted or frustrated and a homicide is committed by reason or on
the occasion thereof, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, a homicide is committed, the penalty
shall be death.
The death penalty shall also be imposed if the crime of rape is committed with any of
the following attendant circumstances:
1. when the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law-spouse of the parent of the victim.
2. when the victim is under the custody of the police or military authorities.
3. when the rape is committed in full view of the husband, parent, any of the
children or other relatives within the third degree of consanguinity.
4. when the victim is a religious or a child below seven (7) years old.
5. when the offender knows that he is afflicted with Acquired Immune Deficiency
Syndrome (AIDS) disease.
6. when committed by any member of the Armed Forces of the Philippines or the
Philippine National Police or any law enforcement agency.
7. when by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation."
Section 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the
Crime of Plunder) is hereby amended to read as follows:
"Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by
himself or in connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or series of overt
criminal acts as described in Section 1 (d) hereof in the aggregate amount or total
value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of
plunder and shall be punished by reclusion perpetua to death. Any person who
participated with the said public officer in the commission of an offense contributing
to the crime of plunder shall likewise be punished for such offense. In the imposition
of penalties, the degree of participation and the attendance of mitigating and
extenuating circumstances, as provided by the Revised Penal Code, shall be
considered by the court. The court shall declare any and all ill-gotten wealth and their
interests and other incomes and assets including the properties and shares of stocks
derived from the deposit or investment thereof forfeited in favor of the State."
Section 13. Sections 3, 4, 5, 7, 8 and 9, of Article II of Republic Act No. 6425, as
amended, known as the Dangerous Drugs Act 1972, are hereby amended to read as
follows:
"Sec. 3. Importation of Prohibited Drugs. - The penalty of reclusion perpetua to death
and a fine ranging from five hundred thousand pesos to ten million pesos shall be
imposed upon any person who, unless authorized by law, shall import or bring into
the Philippines any prohibited drug.
"Sec. 4. Sale, Administration, Delivery, Distribution and Transportation of Prohibited
Drugs. - The penalty of reclusion perpetua to death and a fine from five hundred
thousand pesos to ten million pesos shall be imposed upon any person who, unless
authorized by law, shall sell, administer, deliver, give away to another, distribute,
dispatch in transit or transport any prohibited drug, or shall act as a broker in any of
such transactions.
Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim
of the offense is a minor, or should a prohibited drug involved in any offense under
this Section be the proximate cause of the death of a victim thereof, the maximum
penalty herein provided shall be imposed.
"Sec. 5. Maintenance of a Den, Dive or Resort for Prohibited Drug Users. - The
penalty of reclusion perpetua to death and a fine ranging from five hundred thousand
pesos to ten million pesos shall be imposed upon any person or group of persons who
shall maintain a den, dive or resort where any prohibited drug is used in any form or
where such prohibited drugs in quantities specified in Section 20, Paragraph 1 of this
Act are found.
Notwithstanding the provisions of Section 20 of this Act to the contrary, the
maximum of the penalty shall be imposed in every case where a prohibited drug is
administered, delivered or sold to a minor who is allowed to use the same in such
place.
Should a prohibited drug be the proximate cause of the death of a person using the
same in such den, dive or resort, the maximum penalty herein provided shall be
imposed on the maintainer notwithstanding the provisions of Section 20 of this Act to
the contrary.
"Sec. 7. Manufacture of Prohibited Drug. - The penalty of reclusion perpetua to death
and fine ranging from five hundred thousand pesos to ten million pesos shall be
imposed upon any person who, unless authorized by law, shall engage in the
manufacture of any prohibited drug.
"Sec. 8. Possession or Use of Prohibited Drugs. - The penalty of reclusion perpetua to
death and a fine ranging from five hundred thousand pesos to ten million pesos shall
be imposed upon any person who, unless authorized by law, shall possess or use any
prohibited drug subject to the provisions of Section 20 hereof.
"Sec. 9. Cultivation of Plants which are Sources of Prohibited Drugs. - The penalty of
reclusion perpetua to death and a fine ranging from five hundred thousand pesos to
ten million pesos shall be imposed upon any person who shall plant, cultivate or
culture any medium Indian hemp, opium poppy (papaver somniferum), or any other
plant which is or may hereafter be classified as dangerous drug or from which any
dangerous drug may be manufactured or derived.
The land or portions hereof, and/or greenhouses on which any of said plants is
cultivated or cultured shall be confiscated and escheated to the State, unless the owner
thereof can prove that he did not know such cultivation or culture despite the exercise
of due diligence on his part.
If the land involved in is part of the public domain, the maximum of the penalties
herein provided shall be imposed upon the offender."
Section 14. Sections 14, 14-A, and 15 of Article III of Republic Act No. 6425, as
amended, known as the Dangerous Drugs Act of 1972, are hereby amended to read as
follows:
"Sec. 14. Importation of Regulated Drugs. - The penalty of reclusion perpetua to
death and a fine ranging from five hundred thousand pesos to ten million pesos shall
be imposed upon any person who, unless authorized by law, shall import or bring any
regulated drug in the Philippines.
"Sec. 14-A. Manufacture of Regulated Drugs. - The penalty of reclusion perpetua to
death and a fine ranging from five hundred thousand pesos to ten million pesos shall
be imposed upon any person who, unless authorized by law, shall engage in the
manufacture of any regulated drug.
"Sec. 15. Sale, Administration, Dispensation, Delivery, Transportation and
Distribution of Regulated Drugs. - The penalty of reclusion perpetua to death and a
fine ranging from five hundred thousand pesos to ten million pesos shall be imposed
upon any person who, unless authorized by law, shall sell, dispense, deliver, transport
or distribute any regulated drug.
Notwithstanding the provisions of Section 20 of this Act to the contrary, if the victim
of the offense is a minor, or should a regulated drug involved in any offense under
this Section be the proximate cause of the death of a victim thereof, the maximum
penalty herein provided shall be imposed."
Section 15. There shall be incorporated after Section 15 of Article III of Republic Act No.
6425, as amended, known as the Dangerous Drug Act of 1972, a new section to read as
follows:
"Sec. 15-a. Maintenance of a den, dive or resort for regulated drug users. - The
penalty of reclusion perpetua to death and a fine ranging from five hundred thousand
pesos to ten million pesos shall be imposed upon any person or group of persons who
shall maintain a den, dive or resort where any regulated drugs is used in any form, or
where such regulated drugs in quantities specified in Section 20, paragraph 1 of this
Act are found.
Notwithstanding the provisions of Section 20 of this Act to the contrary, the
maximum penalty herein provided shall be imposed in every case where a regulated
drug is administered, delivered or sold to a minor who is allowed to use the same in
such place.
Should a regulated drug be the proximate cause of the death of a person using the
same in such den, dive or resort, the maximum penalty herein provided shall be
imposed on the maintainer notwithstanding the provisions of Section 20 of this Act to
the contrary."
Section 16. Section 16 of Article III of Republic Act No. 6425, as amended, known as the
Dangerous Drugs Act of 1972, is amended to read as follows:
"Sec. 16. Possession or Use of Regulated Drugs. - The penalty of reclusion perpetua
to death and a fine ranging from five hundred thousand pesos to ten million pesos
shall be imposed upon any person who shall possess or use any regulated drug
without the corresponding license or prescription, subject to the provisions of Section
20 hereof."
Section 17. Section 20, Article IV of Republic Act No. 6425, as amended, known as
the Dangerous Drugs Act of 1972, is hereby amended to read as follows:
Sec. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds or
Instruments of the Crime. - The penalties for offenses under Section 3, 4, 7, 8 and 9 of
Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act shall be applied if
the dangerous drugs involved is in any of the following quantities :
1. 40 grams or more of opium;
2. 40 grams or more of morphine;
3. 200 grams or more of shabu or methylamphetamine hydrochloride;
4. 40 grams or more of heroin;
5. 750 grams or more of indian hemp or marijuana;
6. 50 grams or more of marijuana resin or marijuana resin oil;
7. 40 grams or more of cocaine or cocaine hydrochloride; or
8. In the case of other dangerous drugs, the quantity of which is far beyond
therapeutic requirements, as determined and promulgated by the Dangerous Drugs
Board, after public consultations/hearings conducted for the purpose.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalty
shall range from prision correccional to reclusion perpetua depending upon the
quantity.
Every penalty imposed for the unlawful importation, sale, administration, delivery,
transportation or manufacture of dangerous drugs, the cultivation of plants which are
sources of dangerous drugs and the possession of any opium pipe and other
paraphernalia for dangerous drugs shall carry with it the confiscation and forfeiture,
in favor of the Government, of all the proceeds of the crime including but not limited
to money and other obtained thereby and the instruments or tools with which it was
committed, unless they are the property of a third person not liable for the offense, but
those which are not of lawful commerce shall be ordered destroyed without delay.
Dangerous drugs and plant sources of such drugs as well as the proceeds or
instruments of the crime so confiscated and forfeited in favor of the Government shall
be turned over to the Board for proper disposal without delay.
Any apprehending or arresting officer who misappropriates or misapplies or fails to
account for seized or confiscated dangerous drugs or plant-sources of dangerous
drugs or proceeds or instruments of the crime as are herein defined shall after
conviction be punished by the penalty of reclusion perpetua to death and a fine
ranging from five hundred thousand pesos to ten million pesos."
Section 18. There shall be incorporated after Section 20 of Republic Act No. 6425, as
amended, known as the Dangerous Drugs Act of 1972, a new section to read as follows:
"Sec. 20-A. Plea-bargaining Provisions. - Any person charged under any provision of
this Act where the imposable penalty is reclusion perpetua to death shall not be
allowed to avail of the provision on plea bargaining."
Section 19. Section 24 of Republic Act No. 6425, as amended, known as the Dangerous
Drugs Act of 1972, is hereby amended to read as follows :
"Sec. 24. Penalties for Government Official and Employees and Officers and
Members of Police Agencies and the Armed Forces, 'Planting' of Evidence. - The
maximum penalties provided for Section 3, 4(1), 5(1), 6, 7, 8, 9, 11, 12 and 13 of
Article II and Sections 14, 14-A, 15(1), 16 and 19 of Article III shall be imposed, if
those found guilty of any of the said offenses are government officials, employees or
officers, including members of police agencies and the armed forces.
Any such above government official, employee or officer who is found guilty of
"planting" any dangerous drugs punished in Sections 3, 4, 7, 8, 9 and 13 of Article II
and Sections 14, 14-A, 15 and 16 of Article III of this Act in the person or in the
immediate vicinity of another as evidence to implicate the latter, shall suffer the same
penalty as therein provided."
Section 20. Sec. 14 of Republic Act No. 6539, as amended, known as the Anti-
Carnapping Act of 1972, is hereby amended to read as follows:
"Sec. 14. Penalty for Carnapping. - Any person who is found guilty of carnapping, as
this term is defined in Section Two of this Act, shall, irrespective of the value of
motor vehicle taken, be punished by imprisonment for not less than fourteen years
and eight months and not more than seventeen years and four months, when the
carnapping is committed without violence or intimidation of persons, or force upon
things; and by imprisonment for not less than seventeen years and four months and
not more than thirty years, when the carnapping is committed by means of violence
against or intimidation of any person, or force upon things; and the penalty of
reclusion perpetua to death shall be imposed when the owner, driver or occupant of
the carnapped motor vehicle is killed or raped in the course of the commission of the
carnapping or on the occasion thereof."
Section 21. Article 27 of the Revised Penal Code, as amended, is hereby amended to read
as follows:
"Art. 27. Reclusion perpetua. - The penalty of reclusion perpetua shall be from twenty
years and one day to forty years.
Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years
and one day to twenty years.
Prision mayor and temporary disqualification. - The duration of the penalties of
prision mayor and temporary disqualification shall be from six years and one day to
twelve years, except when the penalty of disqualification is imposed as an accessory
penalty, in which case, it shall be that of the principal penalty.
Prision correccional, suspension, and destierro. - The duration of the penalties of
prision correccional, suspension, and destierro shall be from six months and one day
to six years, except when the suspension is imposed as an accessory penalty, in which
case, its duration shall be that of the principal penalty.
Arresto mayor. - The duration of the penalty of arresto mayor shall be from one
month and one day to six months.
Arresto menor. - The duration of the penalty of arresto menor shall be from one day to
thirty days.
Bond to keep the peace. - The bond to keep the peace shall be required to cover such
period of time as the court may determine."
Section 22. Article 47 of the same Code is hereby amended to read as follows:
Art. 47. In what cases the death penalty shall not be imposed; Automatic review of
the Death Penalty Cases. - The death penalty shall be imposed in all cases in which it
must be imposed under existing laws, except when the guilty person is below
eighteen (18) years of age at the time of the commission of the crime or is more than
seventy years of age or when upon appeal or automatic review of the case by the
Supreme Court, the required majority vote is not obtained for the imposition of the
death penalty, in which cases the penalty shall be reclusion perpetua.
In all cases where the death penalty is imposed by the trial court, the records shall be
forwarded to the Supreme Court for automatic review and judgment by the Court en
banc, within twenty (20) days but not earlier than fifteen (15) days after promulgation
of the judgment or notice of denial of any motion for new trial or reconsideration. The
transcript shall also be forwarded within ten (10) days from the filing thereof by the
stenographic reporter."
Section 23. Article 62 of the same Code, as amended, is hereby amended to read as
follows :
"Art. 62. Effects of the attendance of mitigating or aggravating circumstances and of
habitual delinquency. - Mitigating or aggravating circumstances and habitual
delinquency shall be taken into account for the purpose of diminishing or increasing
the penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a crime specially
punishable by law or which are included by the law in defining a crime and
prescribing the penalty therefor shall not be taken into account for the purpose of
increasing the penalty.
1(a). When in the commission of the crime, advantage was taken by the offender of
his public position, the penalty to be imposed shall be in its maximum regardless of
mitigating circumstances.
The maximum penalty shall be imposed if the offense was committed by any group
who belongs to an organized/syndicated crime group.
An organized/syndicated crime group means a group of two or more persons
collaborating, confederating or mutually helping one another for purposes of gain in
the commission of any crime.
2. The same rule shall apply with respect to any aggravating circumstances inherent
in the crime to such a degree that it must of necessity accompany the commission
thereof.
3. Aggravating or mitigating circumstances which arise from the moral attributes of
the offender, or from his private relations with the offended party, or from any other
personal cause, shall only serve to aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such circumstances are attendant.
4. The circumstances which consist in the material execution of the act, or in the
means employed to accomplish it, shall serve to aggravate or mitigate the liability of
those persons only who had knowledge of them at the time of the execution of the act
or their cooperation therein.
5. Habitual delinquency shall have the following effects :
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided
by law for the last crime of which he be found guilty and to the additional penalty
of prision correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional
penalty of prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the
penalty provided for the last crime of which he be found guilty and to the
additional penalty of prision mayor in its maximum period to reclusion temporal
in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be
imposed upon the offender, in conformity herewith, shall in no case exceed 30
years.
For purposes of this article, a person shall be deemed to be a habitual delinquent,
if within a period of ten years from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robo, hurto, estafa or
falsification, he is found guilty of any of said crimes a third time or oftener.
Section 24. Article 81 of the same Code, as amended, is hereby amended to read as
follows :
"Art. 81. When and how the death penalty is to be executed. - The death sentence
shall be executed with preference to any other and shall consist in putting the person
under sentence to death by electrocution. The death sentence shall be executed under
the authority of the Director of Prisons, endeavoring so far as possible to mitigate the
sufferings of the person under the sentence during electrocution as well as during the
proceedings prior to the execution.
If the person under sentence so desires, he shall be anaesthetized at the moment of the
execution.
As soon as facilities are provided by the Bureau of Prisons, the method of carrying
out the sentence shall be changed to gas poisoning.
The death sentence shall be carried out not later than one (1) year after the judgment
has become final."
Section 25. Article 83 of the same Code is hereby amended to read as follows:
"Art. 83. Suspension of the execution of the death sentence. - The death sentence
shall not be inflicted upon a woman while she is pregnant or within one (1) year after
delivery, nor upon any person over seventy years of age. In this last case, the death
sentence shall be commuted to the penalty of reclusion perpetua with the accessory
penalties provided in Article 40.
In all cases where the death sentence has become final, the records of the case shall
be forwarded immediately by the Supreme Court to the Office of the President for
possible exercise of the pardoning power."
Section 26. <="" modified="" or="" repealed="" hereby="" are="" act="" this="" of=""
provisions="" the="" with="" inconsistent="" thereof="" parts="" regulations="" and=""
rules="" orders,="" executive="" issuances,="" decrees="" presidential="" laws,=""
Section 27. If, for any reason or reasons, any part of the provision of this Act shall be
held to be unconstitutional or invalid, other parts or provisions hereof which are not
affected thereby shall continue to be in full force and effect.
Section 28. This Act shall take effect fifteen (15) days after its publication in two (2)
national newspapers of general circulation. The publication shall not be later than seven
(7) days after the approval hereof.
Approved: December 13, 1993
G.R. No. 103119 October 21, 1992
SULPICIO INTOD, petitioner,
vs.
HONORABLE COURT OF APPEALS and PEOPLE OF THE PHILIPPINES,
respondents.
CAMPOS, JR., J.:
Petitioner, Sulpicio Intod, filed this petition for review of the decision of the Court
of Appeals 1 affirming in toto the judgment of the Regional Trial Court, Branch XIV, Oroquieta
City, finding him guilty of the crime of attempted murder.
From the records, we gathered the following facts.
In the morning of February 4, 1979, Sulpicio Intod, Jorge Pangasian, Santos Tubio and Avelino
Daligdig went to Salvador Mandaya's house in Katugasan, Lopez Jaena, Misamis Occidental and
asked him to go with them to the house of Bernardina Palangpangan. Thereafter, Mandaya and
Intod, Pangasian, Tubio and Daligdig had a meeting with Aniceto Dumalagan. He told Mandaya
that he wanted Palangpangan to be killed because of a land dispute between them and that
Mandaya should accompany the four (4) men, otherwise, he would also be killed.
At about 10:00 o'clock in the evening of the same day, Petitioner, Mandaya, Pangasian, Tubio
and Daligdig, all armed with firearms, arrived at Palangpangan's house in Katugasan, Lopez
Jaena, Misamis Occidental. At the instance of his companions, Mandaya pointed the location of
Palangpangan's bedroom. Thereafter, Petitioner, Pangasian, Tubio and Daligdig fired at said
room. It turned out, however, that Palangpangan was in another City and her home was then
occupied by her son-in-law and his family. No one was in the room when the accused fired the
shots. No one was hit by the gun fire.
Petitioner and his companions were positively identified by witnesses. One witness testified that
before the five men left the premises, they shouted: "We will kill you (the witness) and especially
Bernardina Palangpangan and we will come back if (sic) you were not injured". 2
After trial, the Regional Trial Court convicted Intod of attempted murder. The court (RTC), as
affirmed by the Court of Appeals, holding that Petitioner was guilty of attempted murder. Petitioner
seeks from this Court a modification of the judgment by holding him liable only for an impossible
crime, citing Article 4(2) of the Revised Penal Code which provides:
Art. 4(2). CRIMINAL RESPONSIBILITY. „1¤7 Criminal Responsibility shall be incurred:
xxx xxx xxx
2. By any person performing an act which would be an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or on account of
the employment of inadequate or ineffectual means.
Petitioner contends that, Palangpangan's absence from her room on the night he and his
companions riddled it with bullets made the crime inherently impossible.
On the other hand, Respondent People of the Philippines argues that the crime was not
impossible. Instead, the facts were sufficient to constitute an attempt and to convict Intod for
attempted murder. Respondent alleged that there was intent. Further, in its Comment to the
Petition, respondent pointed out that:
. . . The crime of murder was not consummated, not because of the inherent impossibility
of its accomplishment (Art. 4(2), Revised Penal Code), but due to a cause or accident
other than petitioner's and his accused's own spontaneous desistance (Art. 3., Ibid.)
Palangpangan did not sleep at her house at that time. Had it not been for this fact, the
crime is possible, not impossible. 3
4
Article 4, paragraph 2 is an innovation of the Revised Penal Code. This seeks to remedy the
void in the Old Penal Code where:
. . . it was necessary that the execution of the act has been commenced, that the person
conceiving the idea should have set about doing the deed, employing appropriate means
in order that his intent might become a reality, and finally, that the result or end
contemplated shall have been physically possible. So long as these conditions were not
present, the law and the courts did not hold him criminally liable. 5
This legal doctrine left social interests entirely unprotected. 6 The Revised Penal Code, inspired
by the Positivist School, recognizes in the offender his formidability, 7 and now penalizes an act
which were it not aimed at something quite impossible or carried out with means which prove
inadequate, would constitute a felony against person or against property. 8 The rationale of Article
4(2) is to punish such criminal tendencies. 9
Under this article, the act performed by the offender cannot produce an offense against person or
property because: (1) the commission of the offense is inherently impossible of accomplishment:
or (2) the means employed is either (a) inadequate or (b) ineffectual. 10
That the offense cannot be produced because the commission of the offense is inherently
impossible of accomplishment is the focus of this petition. To be impossible under this clause, the
act intended by the offender must be by its nature one impossible of accomplishment. 11 There
must be either impossibility of accomplishing the intended act 12 in order to qualify the act an
impossible crime.
Legal impossibility occurs where the intended acts, even if completed, would not amount to a
crime. 13 Thus:
Legal impossibility would apply to those circumstances where (1) the motive, desire and
expectation is to perform an act in violation of the law; (2) there is intention to perform the
physical act; (3) there is a performance of the intended physical act; and (4) the
consequence resulting from the intended act does not amount to a crime. 14
15
The impossibility of killing a person already dead falls in this category.
On the other hand, factual impossibility occurs when extraneous circumstances unknown to the
actor or beyond his control prevent the consummation of the intended crime. 16 One example is
the man who puts his hand in the coat pocket of another with the intention to steal the latter's
wallet and finds the pocket empty. 17
The case at bar belongs to this category. Petitioner shoots the place where he thought his victim
would be, although in reality, the victim was not present in said place and thus, the petitioner
failed to accomplish his end.
One American case had facts almost exactly the same as this one. In People vs. Lee Kong, 18 the
accused, with intent to kill, aimed and fired at the spot where he thought the police officer would
be. It turned out, however, that the latter was in a different place. The accused failed to hit him
and to achieve his intent. The Court convicted the accused of an attempt to kill. It held that:
The fact that the officer was not at the spot where the attacking party imagined where he
was, and where the bullet pierced the roof, renders it no less an attempt to kill. It is well
settled principle of criminal law in this country that where the criminal result of an attempt
is not accomplished simply because of an obstruction in the way of the thing to be
operated upon, and these facts are unknown to the aggressor at the time, the criminal
attempt is committed.
In the case of Strokes vs. State, 19 where the accused failed to accomplish his intent to kill the
victim because the latter did not pass by the place where he was lying-in wait, the court held him
liable for attempted murder. The court explained that:
It was no fault of Strokes that the crime was not committed. . . . It only became
impossible by reason of the extraneous circumstance that Lane did not go that way; and
further, that he was arrested and prevented from committing the murder. This rule of the
law has application only where it is inherently impossible to commit the crime. It has no
application to a case where it becomes impossible for the crime to be committed, either
by outside interference or because of miscalculation as to a supposed opportunity to
commit the crime which fails to materialize; in short it has no application to the case when
the impossibility grows out of extraneous acts not within the control of the party.
In the case of Clark vs. State, 20 the court held defendant liable for attempted robbery even if
there was nothing to rob. In disposing of the case, the court quoted Mr. Justice Bishop, to wit:
It being an accepted truth that defendant deserves punishment by reason of his criminal
intent, no one can seriously doubt that the protection of the public requires the
punishment to be administered, equally whether in the unseen depths of the pocket, etc.,
what was supposed to exist was really present or not. The community suffers from the
mere alarm of crime. Again: Where the thing intended (attempted) as a crime and what is
done is a sort to create alarm, in other words, excite apprehension that the evil; intention
will be carried out, the incipient act which the law of attempt takes cognizance of is in
reason committed.
In State vs. Mitchell, 21 defendant, with intent to kill, fired at the window of victim's room thinking
that the latter was inside. However, at that moment, the victim was in another part of the house.
The court convicted the accused of attempted murder.
The aforecited cases are the same cases which have been relied upon by Respondent to make
this Court sustain the judgment of attempted murder against Petitioner. However, we cannot rely
upon these decisions to resolve the issue at hand. There is a difference between the Philippine
and the American laws regarding the concept and appreciation of impossible crimes.
In the Philippines, the Revised Penal Code, in Article 4(2), expressly provided for impossible
crimes and made the punishable. Whereas, in the United States, the Code of Crimes and
Criminal Procedure is silent regarding this matter. What it provided for were attempts of the
crimes enumerated in the said Code. Furthermore, in said jurisdiction, the impossibility of
committing the offense is merely a defense to an attempt charge. In this regard, commentators
and the cases generally divide the impossibility defense into two categories: legal versus factual
impossibility. 22 In U.S. vs. Wilson 23 the Court held that:
. . . factual impossibility of the commission of the crime is not a defense. If the crime
could have been committed had the circumstances been as the defendant believed them
to be, it is no defense that in reality the crime was impossible of commission.
Legal impossibility, on the other hand, is a defense which can be invoked to avoid criminal liability
for an attempt. In U.S. vs. Berrigan, 24 the accused was indicated for attempting to smuggle letters
into and out of prison. The law governing the matter made the act criminal if done without
knowledge and consent of the warden. In this case, the offender intended to send a letter without
the latter's knowledge and consent and the act was performed. However, unknown to him, the
transmittal was achieved with the warden's knowledge and consent. The lower court held the
accused liable for attempt but the appellate court reversed. It held unacceptable the contention of
the state that "elimination of impossibility as a defense to a charge of criminal attempt, as
suggested by the Model Penal Code and the proposed federal legislation, is consistent with the
overwhelming modern view". In disposing of this contention, the Court held that the federal
statutes did not contain such provision, and thus, following the principle of legality, no person
could be criminally liable for an act which was not made criminal by law. Further, it said:
Congress has not yet enacted a law that provides that intent plus act plus conduct
constitutes the offense of attempt irrespective of legal impossibility until such time as
such legislative changes in the law take place, this court will not fashion a new non-
statutory law of criminal attempt.
To restate, in the United States, where the offense sought to be committed is factually impossible
or accomplishment, the offender cannot escape criminal liability. He can be convicted of an
attempt to commit the substantive crime where the elements of attempt are satisfied. It appears,
therefore, that the act is penalized, not as an impossible crime, but as an attempt to commit a
crime. On the other hand, where the offense is legally impossible of accomplishment, the actor
cannot be held liable for any crime „1¤7 neither for an attempt not for an impossible crime. The
only reason for this is that in American law, there is no such thing as an impossible crime.
Instead, it only recognizes impossibility as a defense to a crime charge „1¤7 that is, attempt.
This is not true in the Philippines. In our jurisdiction, impossible crimes are recognized. The
impossibility of accomplishing the criminal intent is not merely a defense, but an act penalized by
itself. Furthermore, the phrase "inherent impossibility" that is found in Article 4(2) of the Revised
Penal Code makes no distinction between factual or physical impossibility and legal impossibility.
Ubi lex non distinguit nec nos distinguere debemos.
The factual situation in the case at bar present a physical impossibility which rendered the
intended crime impossible of accomplishment. And under Article 4, paragraph 2 of the Revised
Penal Code, such is sufficient to make the act an impossible crime.
To uphold the contention of respondent that the offense was Attempted Murder because the
absence of Palangpangan was a supervening cause independent of the actor's will, will render
useless the provision in Article 4, which makes a person criminally liable for an act "which would
be an offense against persons or property, were it not for the inherent impossibility of its
accomplishment . . ." In that case all circumstances which prevented the consummation of the
offense will be treated as an accident independent of the actor's will which is an element of
attempted and frustrated felonies.
WHEREFORE, PREMISES CONSIDERED. the petition is hereby GRANTED, the decision of
respondent Court of Appeals holding Petitioner guilty of Attempted Murder is hereby MODIFIED.
We hereby hold Petitioner guilty of an impossible crime as defined and penalized in Articles 4,
paragraph 2, and 59 of the Revised Penal Code, respectively. Having in mind the social danger
and degree of criminality shown by Petitioner, this Court sentences him to suffer the penalty of six
(6) months of arresto mayor, together with the accessory penalties provided by the law, and to
pay the costs.
SO ORDERED.
Feliciano, Regalado and Nocon, JJ., concur.
Narvasa, C.J., is on leave.