Republic of the Philippines (a) the penalty of reclusion perpetua, when the law

Congress of the Philippines violated makes use of the nomenclature of the

Metro Manila penalties of the Revised Penal Code; or

Thirteenth Congress (b) the penalty of life imprisonment, when the law
Second Regular Session violated does not make use of the nomenclature of the
penalties of the Revised Penal Code.
Begun and held in Metro Manila, on Monday, the twenty-fifth
day of July, two thousand and five. SEC. 3. Person convicted of offenses punished with reclusion
perpetua, or whose sentences will be reduced to reclusion
perpetua, by reason of this Act, shall not be eligible for parole
Republic Act No. 9346 June 24, 2006 under Act No. 4180, otherwise known as the Indeterminate
Sentence Law, as amended.
AN ACT PROHIBITING THE IMPOSITION OF DEATH
PENALTY IN THE PHILIPPINES SEC. 4. The Board of Pardons and Parole shall cause the
publication at least one a week for three consecutive weeks in
Be it enacted by the Senate and House of Representatives of a newspaper of general circulation of the names of persons
the Philippines in Congress assembled: convicted of offenses punished with reclusion perpetua or life
imprisonment by reason of this Act who are being considered
or recommend for commutation or pardon; Provided, however,
SECTION 1. The imposition of the penalty of death is hereby
prohibited. Accordingly, Republic Act No. Eight Thousand One That nothing herein shall limit the power of the President to
Hundred Seventy-Seven (R.A. No. 8177), otherwise known as grant executive clemency under Section 19, Article VII of the
the Act Designating Death by Lethal Injection is hereby Constitutions.
repealed. Republic Act No. Seven Thousand Six Hundred
Fifty-Nine (R.A. No. 7659), otherwise known as the Death SEC. 5. This Act shall take effect immediately after its
Penalty Law, and all other laws, executive orders and decrees, publication in two national newspapers of general circulation.
insofar as they impose the death penalty are hereby repealed
or amended accordingly.

SEC. 2. In lieu of the death penalty, the following shall be

imposed.
 REPUBLIC ACT No 4103 bartered or exchanged or are to be used in the
manufacture or preparation of articles for sale, barter,
AN ACT TO AMEND SECTION ONE HUNDRED NINETY OF or exchange and are to form part thereof;
COMMONWEALTH ACT NUMBERED FOUR HUNDRED
SIXTY-SIX, AS AMENDED, OTHERWISE KNOWN AS THE "(c) Articles to be used by the importer himself in the
NATIONAL INTERNAL REVENUE CODE. manufacture or preparation of articles for consignment
abroad;
Section 1. Section one hundred and ninety of Commonwealth
Act Numbered Four hundred and sixty-six, as amended, is "(d) Articles to be used by the importer himself as a
further amended to read as follows: passenger and/or cargo vessel whether coastwise or
ocean-going, including engines and spare parts of said
"Sec. 190. Compensating tax. On the commodities goods, vessel;
wares or merchandise purchased or received by persons
residing or doing business in the Philippine, there shall be paid "(e) Wearing apparel and articles for personal use
a compensating tax on the total value thereof, including freight, purchased in foreign countries by residents of the
postage, insurance, commission and similar charges, Philippines which have been used abroad and
equivalent to the percentage taxes imposed under this Title on accompanying them upon their return to the Philippines
original transactions effected by merchants, importers, or the export value of which does not exceed the amount
manufacturers, such tax to be paid before the withdrawal or of:
removal of said commodities, goods, wares or merchandise
from the customhouse or the post office, except as follows: "P250 when the sojourn is not less than one week;

(a) Articles subject to specific taxes under Title IV of "P500 when the sojourn is not less than two weeks; or
this Code and articles to be used by the importer
himself in the manufacture or preparation of articles "P1,000 when the sojourn is not less than one month.
subject to specific taxes;
"Personal and household effects purchased in foreign
"(b) Commodities, goods, wares or merchandise countries and brought into the Philippines by returning
purchased or received by merchants, importers and residents which effects have been used abroad, neither
manufacturers who are subject to tax under Section imported for the account of any other person nor
one hundred eighty-four, one hundred eighty-five, one intended for barter, sale or hire and accompanying
hundred eighty-six or one hundred eighty-nine of this them upon their return to the Philippines or arriving
Title, where such importations are to be sold, resold,
within ninety days before or after their return, the "(f) Professional instruments and implements, tools of
export value of which does not exceed the amount of: trade, occupation or employment, wearing apparel,
domestic animals, and personal and household effects
"P1,500 when the sojourn is not less than three belonging to persons coming to settle for the first time
months; in the Philippines, including citizens of the Philippines
who have resided abroad for not less than ten years,
"P2,500 when the sojourn is not less than six months; for their own use and not for barter, sale or exchange,
or accompanying such persons, or arriving within ninety
days before or after the arrival of their owners, upon
"P3,000 when the sojourn is not less than one year. the production of evidence satisfactory to the
Commissioner of Internal Revenue that such persons
"Additional exemption shall be granted for books, are actually coming to settle in the Philippines, that the
articles were brought from their former place of abode,
professional instruments and implements belonging to
that change of residence is bona fide: Provided, That
Filipino professionals, students and grantees of
fellowships and scholarships returning to the no merchandise of any kind, machinery or other
Philippines from training, studies and/or employment articles for use in manufacture, shall be classified
abroad, the export value of which does not exceed the under this subsection.
amount of one thousand pesos: Provided, That an
additional exemption shall be granted to returning "(g) Articles used by officials and employees of the
Filipino Doctors of Medicine and Dentistry and other Philippine Government assigned abroad and brought
scientists for professional instruments and implements on their return to the Philippines by reason of transfer,
related to their particular field of specialization as resignation, or retirement, upon specific instructions of
attested to by the respective institutions of training, the Secretary of Finance and upon the request of the
studies and/or employment, the export value of which returning official or employee concerned: Provided,
does not exceed three thousand pesos: Provided, That the total acquisition cost of such articles does not
further, That returning Filipino professionals, students exceed twenty per centum of the total basic salary
and grantees of fellowships and scholarship, shall received from the Philippine Government during such
present to the Commissioner of Internal Revenue a tour of duty, of not more than four years as certified by
certificate issued by the schools they have attended: the Department concerned.
Provided, finally, That such returning residents shall
not have previously received the benefits herein "If any article withdrawn from the customhouse of the
granted within one hundred and eighty days post office without the payment of the compensating
immediately preceding their arrival. tax is subsequently used by the importer for other
 purposes, corresponding entry should be made in the MALACAÑANG
books of accounts, if any are kept, or a written notice Manila
thereof sent to the Commissioner of Internal Revenue
and payment of the corresponding compensating tax PRESIDENTIAL DECREE No. 968 July 24, 1976
made within ten days from the date of such entry or
notice. If the tax is not paid within such period, the ESTABLISHING A PROBATION SYSTEM,
amount of the tax shall be increased by twenty-five per APPROPRIATING FUNDS THEREFOR AND FOR OTHER
centum, the increment to form part of the tax. PURPOSES

"In the case of tax free articles brought or imported into WHEREAS, one of the major goals of the government is to
the Philippines by persons, entities or agencies, establish a more enlightened and humane correctional
exempt from tax which are subsequently sold, systems that will promote the reformation of offenders and
transferred or exchanged in the Philippines to non- thereby reduce the incidence of recidivism;
exempt private persons or entities, the purchasers or
recipients shall be considered the importers thereof. WHEREAS, the confinement of all offenders prisons and other
The tax due on each articles shall constitute a lien on institutions with rehabilitation programs constitutes an onerous
the article itself superior to all other charges or liens, drain on the financial resources of the country; and
irrespective of the possessors thereof."
WHEREAS, there is a need to provide a less costly alternative
Section 2. This Act shall take effect upon its approval. to the imprisonment of offenders who are likely to respond to
individualized, community-based treatment programs;
Approved: June 19, 1964
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 probation shall be filed with the trial court, with notice to the
offender by providing him with individualized treatment; appellate court if an appeal has been taken from the sentence
of conviction. The filing of the application shall be deemed a
(b) provide an opportunity for the reformation of a waver of the right to appeal, or the automatic withdrawal of a
penitent offender which might be less probable if he pending appeal.
were to serve a prison sentence; and
An order granting or denying probation shall not be
(c) prevent the commission of offenses. appealable.

Section 3. Meaning of Terms. As used in this Decree, the Section 5. Post-sentence Investigation. No person shall be
following shall, unless the context otherwise requires, be placed on probation except upon prior investigation by the
construed thus: probation officer and a determination by the court that the
ends of justice and the best interest of the public as well as
(a) "Probation" is a disposition under which a that of the defendant will be served thereby.
defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the Section 6. Form of Investigation Report. The investigation
supervision of a probation officer. report to be submitted by the probation officer under Section 5
hereof shall be in the form prescribed by the Probation
(b) "Probationer" means a person placed on probation. Administrator and approved by the Secretary of Justice.

(c) "Probation Officer" means one who investigates for Section 7. Period for Submission of Investigation Report. The
the court a referral for probation or supervises a probation officer shall submit to the court the investigation
probationer or both. report on a defendant not later than sixty days from receipt of
the order of said court to conduct the investigation. The court
Section 4. Grant of Probation. Subject to the provisions of this shall resolve the petition for probation not later than five days
Decree, the court may, after it shall have convicted and after receipt of said report.
sentenced a defendant and upon application at any time of
said defendant, suspend the execution of said sentence and Pending submission of the investigation report and the
place the defendant on probation for such period and upon resolution of the petition, the defendant may be allowed on
such terms and conditions as it may deem best. temporary liberty under his bail filed in the criminal case;
Provided, That, in case where no bail was filed or that the
Probation may be granted whether the sentence imposes a defendant is incapable of filing one, the court may allow the
term of imprisonment or a fine only. An application for release of the defendant on recognize the custody of a
responsible member of the community who shall guarantee his not less than one month and one day and/or a fine of
appearance whenever required by the court. not less than Two Hundred Pesos;

Section 8. Criteria for Placing an Offender on Probation. In (d) who have been once on probation under the
determining whether an offender may be placed on probation, provisions of this Decree; and
the court shall consider all information relative, to the
character, antecedents, environment, mental and physical (e) who are already serving sentence at the time the
condition of the offender, and available institutional and substantive provisions of this Decree became
community resources. Probation shall be denied if the court applicable pursuant to Section 33 hereof.
finds that:
Section 10. Conditions of Probation. Every probation order
(a) the offender is in need of correctional treatment that issued by the court shall contain conditions requiring that the
can be provided most effectively by his commitment to probationer shall:
an institution; or
(a) present himself to the probation officer designated
(b) there is undue risk that during the period of to undertake his supervision at such place as may be
probation the offender will commit another crime; or specified in the order within seventy-two hours from
receipt of said order;
(c) probation will depreciate the seriousness of the
offense committed. (b) report to the probation officer at least once a month
at such time and place as specified by said officer.
Section 9. Disqualified Offenders. The benefits of this Decree
shall not be extended to those: The court may also require the probationer to:

(a) sentenced to serve a maximum term of (a) cooperate with a program of supervision;
imprisonment of more than six years;
(b) meet his family responsibilities;
(b) convicted of any offense against the security of the
State; (c) devote himself to a specific employment and not to
change said employment without the prior written
(c) who have previously been convicted by final approval of the probation officer;
judgment of an offense punished by imprisonment of
 (d) undergo medical, psychological or psychiatric another offense, he shall serve the penalty imposed for the
examination and treatment and enter and remain in a offense under which he was placed on probation.
specified institution, when required for that purpose;
Section 12. Modification of Condition of Probation. During the
(e) pursue a prescribed secular study or vocational period of probation, the court may, upon application of either
training; the probationer or the probation officer, revise or modify the
conditions or period of probation. The court shall notify either
(f) attend or reside in a facility established for the probationer or the probation officer of the filing such an
instruction, recreation or residence of persons on application so as to give both parties an opportunity to be
probation; heard thereon.

(g) refrain from visiting houses of ill-repute; The court shall inform in writing the probation officer and the
probationer of any change in the period or conditions of
(h) abstain from drinking intoxicating beverages to probation.
excess;
Section 13. Control and Supervision of Probationer. The
(i) permit to probation officer or an authorized social probationer and his probation program shall be under the
worker to visit his home and place or work; control of the court who placed him on probation subject to
actual supervision and visitation by a probation officer.
(j) reside at premises approved by it and not to change
his residence without its prior written approval; or Whenever a probationer is permitted to reside in a place under
the jurisdiction of another court, control over him shall be
(k) satisfy any other condition related to the transferred to the Executive Judge of the Court of First
rehabilitation of the defendant and not unduly Instance of that place, and in such a case, a copy of the
restrictive of his liberty or incompatible with his freedom probation order, the investigation report and other pertinent
of conscience. records shall be furnished said Executive Judge. Thereafter,
the Executive Judge to whom jurisdiction over the probationer
Section 11. Effectivity of Probation Order. A probation order is transferred shall have the power with respect to him that
was previously possessed by the court which granted the
shall take effect upon its issuance, at which time the court
shall inform the offender of the consequences thereof and probation.
explain that upon his failure to comply with any of the
conditions prescribed in the said order or his commission of Section 14. Period of Probation.
 (a) The period of probation of a defendant sentenced to fulfilled the terms and conditions of his probation and
a term of imprisonment of not more than one year shall thereupon the case is deemed terminated.
not exceed two years, and in all other cases, said
period shall not exceed six years. The final discharge of the probationer shall operate to restore
to him all civil rights lost or suspend as a result of his
(b) When the sentence imposes a fine only and the conviction and to fully discharge his liability for any fine
offender is made to serve subsidiary imprisonment in imposed as to the offense for which probation was granted.
case of insolvency, the period of probation shall not be
less than nor to be more than twice the total number of The probationer and the probation officer shall each be
days of subsidiary imprisonment as computed at the furnished with a copy of such order.
rate established, in Article thirty-nine of the Revised
Penal Code, as amended. Section 17. Confidentiality of Records. The investigation
report and the supervision history of a probationer obtained
Section 15. Arrest of Probationer; Subsequent Disposition. At under this Decree shall be privileged and shall not be
any time during probation, the court may issue a warrant for disclosed directly or indirectly to anyone other than the
the arrest of a probationer for violation of any of the conditions Probation Administration or the court concerned, except that
of probation. The probationer, once arrested and detained, the court, in its discretion, may permit the probationer of his
shall immediately be brought before the court for a hearing, attorney to inspect the aforementioned documents or parts
which may be informal and summary, of the violation charged. thereof whenever the best interest of the probationer make
The defendant may be admitted to bail pending such hearing. such disclosure desirable or helpful: Provided, Further, That,
In such a case, the provisions regarding release on bail of any government office or agency engaged in the correction or
persons charged with a crime shall be applicable to rehabilitation of offenders may, if necessary, obtain copies of
probationers arrested under this provision. If the violation is said documents for its official use from the proper court or the
established, the court may revoke or continue his probation Administration.
and modify the conditions thereof. If revoked, the court shall
order the probationer to serve the sentence originally imposed. Section 18. The Probation Administration. There is hereby
An order revoking the grant of probation or modifying the created under the Department of Justice an agency to be
terms and conditions thereof shall not be appealable. known as the Probation Administration herein referred to as
the Administration, which shall exercise general supervision
Section 16. Termination of Probation. After the period of over all probationers.
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
The Administration shall have such staff, operating units and (f) generally, perform such duties and exercise such
personnel as may be necessary for the proper execution of its powers as may be necessary or incidental to achieve
functions. the objectives of this Decree.

Section 19. Probation Administration. The Administration shall Section 20. Assistant Probation Administrator. There shall be
be headed by the Probation Administrator, hereinafter referred an Assistant Probation Administrator who shall assist the
to as the Administrator, who shall be appointed by the Administrator perform such duties as may be assigned to him
President of the Philippines. He shall hold office during good by the latter and as may be provided by law. In the absence of
behavior and shall not be removed except for cause. the Administrator, he shall act as head of the Administration.

The Administrator shall receive an annual salary of at least He shall be appointed by the President of the Philippines and
forty thousand pesos. His powers and duties shall be to: shall receive an annual salary of at least thirty-six thousand
pesos.
(a) act as the executive officer of the Administration;
Section 21. Qualifications of the Administrator and Assistant
(b) exercise supervision and control over all probation Probation Administrator. To be eligible for Appointment as
officers; Administrator or Assistant Probation Administrator, a person
must be at least thirty-five years of age, holder of a master's
(c) make annual reports to the Secretary of Justice, in degree or its equivalent in either criminology, social work,
such form as the latter may prescribe, concerning the corrections, penology, psychology, sociology, public
operation, administration and improvement of the administration, law, police science, police administration, or
probation system; related fields, and should have at least five years of
supervisory experience, or be a member of the Philippine Bar
(d) promulgate, subject to the approval of the Secretary with at least seven years of supervisory experience.
of Justice, the necessary rules relative to the methods
and procedures of the probation process; Section 22. Regional Office; Regional Probation Officer. The
Administration shall have regional offices organized in
(e) recommend to the Secretary of Justice the accordance with the field service area patterns established
appointment of the subordinate personnel of his under the Integrated Reorganization Plan.
Administration and other offices established in this
Decree; and 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 (c) keep himself informed of the conduct and condition
upon the recommendation of the Secretary of Justice. of probationers under his charge and use all suitable
methods to bring about an improvement in their
The Regional Probation Officer shall exercise supervision and conduct and conditions;
control over all probation officer within his jurisdiction and such
duties as may assigned to him by the Administrator. He shall (d) maintain a detailed record of his work and submit
have an annual salary of at least twenty-four thousand pesos. such written reports as may be required by the
Administration or the court having jurisdiction over the
He shall, whenever necessary, be assisted by an Assistant probationer under his supervision;
Regional Probation Officer who shall also be appointed by the
President of the Philippines, upon recommendation of the (e) prepare a list of qualified residents of the province
Secretary of Justice, with an annual salary of at least twenty or city where he is assigned who are willing to act as
thousand pesos. probation aides;

Section 23. Provincial and City Probation Officers. There shall (f) supervise the training of probation aides and
be at least one probation officer in each province and city who oversee the latter's supervision of probationers;
shall be appointed by the Secretary of Justice upon
recommendation of the Administrator and in accordance with (g) exercise supervision and control over all field
civil service law and rules. assistants, probation aides and other personnel; and

The Provincial or City Probation Officer shall receive an annual (h) perform such duties as may be assigned by the
salary of at least eighteen thousand four hundred pesos. court or the Administration.

His duties shall be to: Section 24. Miscellaneous Powers of Provincial and City
Probation Officers. Provincial or City Probation Officers shall
(a) investigate all persons referred to him for have the authority within their territorial jurisdiction to
investigation by the proper court or the Administrator; administer oaths and acknowledgments and to take
depositions in connection with their duties and functions under
(b) instruct all probationers under his supervision of this Decree. They shall also have, with respect to probationers
that of the probation aide on the terms and conditions under their care, the powers of police officer.
of their probations;
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 Aides shall not receive any regular compensation for
Probation Officer unless he possesses at least a bachelor's services except for reasonable travel allowance. They shall
degree with a major in social work, sociology, psychology, hold office for such period as may be determined by the
criminology, penology, corrections, police science, Probation Administrator. Their qualifications and maximum
administration, or related fields and has at least three years of case loads shall be provided in the rules promulgated pursuant
experience in work requiring any of the abovementioned to this Decree.
disciplines, or is a member of the Philippine Bar with at least
three years of supervisory experience. Section 29. Violation of Confidential Nature of Probation
Records. The penalty of imprisonment ranging from six
Whenever practicable, the Provincial or City Probation Officer months and one day to six years and a fine ranging from
shall be appointed from among qualified residents of the hundred to six thousand pesos shall be imposed upon any
province or city where he will be assigned to work. person who violates Section 17 hereof.

Section 26. Organization. Within twelve months from the Section 30. Appropriations. There is hereby authorized the
approval of this Decree, the Secretary of Justice shall organize appropriation of the sum of Six Million Five Hundred Thousand
the administrative structure of the Administration and the other Pesos or so much as may be necessary, out of any funds in
agencies created herein. During said period, he shall also the National Treasury not otherwise appropriated, to carry out
determine the staffing patterns of the regional, provincial and the purposes of this Decree. Thereafter, the amount of at least
city probation offices with the end in view of achieving Ten Million Five Hundred Thousand Pesos or so much as may
maximum efficiency and economy in the operations of the be necessary shall be included in the annual appropriations of
probation system. the national government.

Section 27. Field Assistants, Subordinate Personnel, Section 31. Repealing Clause. All provisions of existing laws,
Provincial or City Probation Officers shall be assisted by such orders and regulations contrary to or inconsistent with this
field assistants and subordinate personnel as may be Decree are hereby repealed or modified accordingly.
necessary to enable them to carry out their duties effectively.
Section 32. Separability of Provisions. If any part, section or
Section 28. Probation Aides. To assist the Provincial or City provision of this Decree shall be held invalid or
Probation Officers in the supervision of probationers, the unconstitutional, no other parts, sections or provisions hereof
Probation Administrator may appoint citizens of good repute shall be affected thereby.
and probity to act as probation aides.
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 Section 1. Section 4 of Presidential Decree No. 968,
only take effect twelve months after the certification by the otherwise known as the Probation Law of 1976, is hereby
Secretary of Justice to the Chief Justice of the Supreme Court amended to read as follows:
that the administrative structure of the Probation
Administration and of the other agencies has been organized. "Sec. 4. Grant of Probation. Subject to the provisions of this
Decree, the court may, after it shall have convicted and
DONE in the City of Manila, this 24th day of July in the year of sentenced a defendant but before he begins to serve his
Our Lord, nineteen hundred and seventy-six. sentence and upon his application, suspend the execution of
said sentence and place the defendant on probation for such
MALACAÑANG period and upon such terms and conditions as it may deem
Manila best.

PRESIDENTIAL DECREE No. 1257 The prosecuting officer concerned shall be notified by the
court of the filling of the application for probation and he may
AMENDING CERTAIN SECTIONS OF PRESIDENTIAL submit his comment on such application within ten days from
DECREE NUMBERED NINE HUNDRED AND SIXTY-EIGHT, receipt of the notification.
OTHERWISE KNOWN AS THE PROBATION LAW OF 1976
Probation may be granted whether the sentence impose a
WHEREAS, the need to strengthen certain provisions of term of imprisonment or a fine with subsidiary imprisonment in
Presidential Decree No. 968, otherwise known as the case of insolvency. An application for probation shall be filed
Probation Law of 1976, has surfaced in the nationwide with trial court, with notice to appellate court if an appeal has
seminars which introduced said law to judges, fiscals and been taken from the sentence of conviction. The filling of the
private law practitioners; application shall be deemed a waiver of the right to appeal, or
the automatic withdrawal of a pending appeal. In the latter
WHEREAS, meeting such need would better ensure the case however, if the application is filed on or after the date of
achievement of its laudable objectives; the judgment of the appellate court.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President An order granting or denying probation shall not be
of the Republic of the Philippines, by virtue of the powers appealable."
vested in me by the Constitution, do hereby order and decree
as follows: Section 2. The first paragraph of Section 7 of the same
Decree is hereby amended to read as follows:
"Sec. 7. Period for Submission of Investigation Report. The modifying the terms and conditions thereof shall not be
probation officer shall submit to the court the investigation appealable."
report on a defendant not later than sixty days from receipt of
the order of said court to conduct the investigation. The court Section 4. Section 33 of the same Decree is hereby amended
shall resolve the application for probation not later than fifteen to read as follows:
days after receipts of said report."
"Sec. 33. Effectivity. This Decree shall take effect upon its
Section 3. Section 15 of the same Decree is hereby amended approval: Provided, However, That the application of its
to read as follows: substantive provisions concerning the grant of probation shall
only take effect on January 3, 1978."
"Sec. 15. Arrest and Probationer; Subsequent Disposition. At
any time during probation, the court may issue a warrant for Section 5. This Decree shall take effect immediately.
the arrest of a probationer for any serious violation of the
conditions of probation. The probationer, once arrested and Done in the City of Manila, this 1st day of December, in the
detained, shall immediately be brought before the court for a year of Our Lord, nineteen hundred and seventy-seven.
hearing of the violation charged. The defendant may be
admitted to bail pending such hearing. In such case, the
provisions regarding release on bail of persons charged with a
crime shall be applicable to probationers arrested under this
provision.

In the hearing, which shall be summary in nature, the

probationer shall have the right to be informed of the violation
charged and to adduce evidence in his favor. The court shall
not be bound by the technical rules of evidence but may be
inform itself of all the facts which are material and relevant to
ascertain the veracity of the charge. The State shall be
represented by a prosecuting officer in any contested hearing.
If the violation is established, the court may revoke or continue
his probation and modify conditions thereof. If revoked, the
court shall order the probationer to serve the sentence
originally imposed. An order revoking the grant of probation or
 Republic of the Philippines and such judgment is modified through the imposition of a
CONGRESS OF THE PHILIPPINES probationable penalty, the defendant shall be allowed to apply
Metro Manila for probation based on the modified decision before such
decision becomes final. The application for probation based on
Sixteenth Congress the modified decision shall be filed in the trial court where the
Third Regular Session judgment of conviction imposing a non-probationable penalty
was rendered, or in the trial court where such case has since
Begun and held in Metro Manila, on Monday, the twenty- been re-raffled. In a case involving several defendants where
seventh day of July, two thousand fifteen. some have taken further appeal, the other defendants may
apply for probation by submitting a written application and
REPUBLIC ACT No. 10707 attaching thereto a certified true copy of the judgment of
conviction.
AN ACT AMENDING PRESIDENTIAL DECREE NO. 968,
OTHERWISE KNOWN AS THE “PROBATION LAW OF “The trial court shall, upon receipt of the application filed,
1976”, AS AMENDED suspend the execution of the sentence imposed in the
judgment.
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled: “This notwithstanding, the accused shall lose the benefit of
probation should he seek a review of the modified decision
SECTION 1. Section 4 of Presidential Decree No. 968, as which already imposes a probationable penalty.
amended, is hereby further amended to read as follows:
“Probation may be granted whether the sentence imposes a
term of imprisonment or a fine only. The filing of the
“SEC. 4. Grant of Probation. — Subject to the provisions of
application shall be deemed a waiver of the right to
this Decree, the trial court may, after it shall have convicted
and sentenced a defendant for a probationable penalty and appeal.1âwphi1
upon application by said defendant within the period for
perfecting an appeal, suspend the execution of the sentence “An order granting or denying probation shall not be
and place the defendant on probation for such period and appealable.”
upon such terms and conditions as it may deem best. No
application for probation shall be entertained or granted if the SECTION 2. Section 9 of the same Decree, as amended, is
defendant has perfected the appeal from the judgment of hereby further amended to read as follows:
conviction: Provided, That when a judgment of conviction
imposing a non-probationable penalty is appealed or reviewed,
“SEC. 9. Disqualified Offenders. — The benefits of this Decree “The final discharge of the probationer shall operate to
shall not be extended to those: restore to him all civil rights lost or suspended as a
result of his conviction and to totally extinguish his
“a. sentenced to serve a maximum term of criminal liability as to the offense for which probation
imprisonment of more than six (6) years; was granted.

“b. convicted of any crime against the national “The probationer and the probation officer shall each
security; be furnished with a copy of such order.”

“c. who have previously been convicted by final SECTION 4. Section 24 of the same Decree is hereby
judgment of an offense punished by amended to read as follows:
imprisonment of more than six (6) months and
one (1) day and/or a fine of more than one “SEC. 24. Miscellaneous Powers of Regional,
thousand pesos (P1,000.00); Provincial and City Probation Officers. — Regional,
Provincial or City Probation Officers shall have the
“d. who have been once on probation under the authority within their territorial jurisdiction to administer
provisions of this Decree; and oaths and acknowledgments and to take depositions in
connection with their duties and functions under this
“e. who are already serving sentence at the Decree. They shall also have, with respect to
time the substantive provisions of this Decree probationers under their care, the powers of a police
became applicable pursuant to Section 33 officer. They shall be considered as persons in
hereof.” authority.”

SECTION 3. Section 16 of the same Decree, as amended, is SECTION 5. Section 27 of the same Decree is hereby
hereby further amended to read as follows: amended to read as follows:

“SEC. 16. Termination of Probation. — After the period “SEC. 27. Field Assistants, Subordinate Personnel. –
of probation and upon consideration of the report and Regional, Provincial or City Probation Officers shall be
recommendation of the probation officer, the court may assisted by such field assistants and subordinate
order the final discharge of the probationer upon personnel as may be necessary to enable them to
finding that he has fulfilled the terms and conditions of carry out their duties effectively.”
his probation and thereupon the case is deemed
terminated.
SECTION 6. Section 28 of the same Decree is hereby SECTION 8. Repealing Clause. — All laws, executive orders,
amended to read as follows: or administrative orders, rules and regulations or parts thereof
which are inconsistent with this Act are hereby amended,
“SEC. 28. Volunteer Probation Assistants (VPAs). — repealed or modified accordingly.
To assist the Chief Probation and Parole Officers in the
supervised treatment program of the probationers, the SECTION 9. Appropriations Clause. — The amount necessary
Probation Administrator may appoint citizens of good to carry out the provisions of this Act shall be included in the
repute and probity, who have the willingness, aptitude, General Appropriations Act of the year following its enactment
and capability to act as VPAs. into law.

“VPAs shall not receive any regular compensation SECTION 10. Implementing Rules and Regulations. — Within
except for reasonable transportation and meal sixty (60) days from the approval of this Act, the Department of
allowances, as may be determined by the Probation Justice shall promulgate such rules and regulations as may be
Administrator, for services rendered as VPAs. necessary to carry out the provisions of this Act.

“They shall hold office for a two (2)-year term which SECTION 11. Effectivity. — This Act shall take effect
may be renewed or recalled anytime for a just cause. immediately after its publication in the Official Gazette or in
Their functions, qualifications, continuance in office and two (2) newspapers of general circulation.
maximum case loads shall be further prescribed under
the implementing rules and regulations of this Act. Approved,

“There shall be a reasonable number of VPAs in every (Sgd.) FELICIANO (Sgd.) FRANKLIN M.
regional, provincial, and city probation office. In order BELMONTE JR. DRILON
to strengthen the functional relationship of VPAs and Speaker of the House President of the Senate
the Probation Administrator, the latter shall encourage of Representatives
and support the former to organize themselves in the
national, regional, provincial, and city levels for
This Act which is a consolidation of Senate Bill No. 2280 and
effective utilization, coordination, and sustainability of
House Bill No. 4147 was finally passed by the Senate and the
the volunteer program.”
House of Representatives on September 15, 2015 and
September 14, 2015, respectively.
SECTION 7. Separability Clause. — If any provision of this Act
is declared invalid, the provisions hereof not affected by such
declaration shall remain in full force and effect.
 Republic of the Philippines subsidiary imprisonment shall not exceed one-third of the term
CONGRESS OF THE PHILIPPINES of the sentence, and in no case shall it continue for more than
Metro Manila one year, and no fraction or part of a day shall be counted
against the prisoner.
Fifteenth Congress
Second Regular Session "2. When the principal penalty imposed be only a fine, the
subsidiary imprisonment shall not exceed six months, if the
Begun and held in Metro Manila, on Monday, the twenty-fifth culprit shall have been prosecuted for a grave or less grave
day of July, two thousand eleven. felony, and shall not exceed fifteen days, if for a fight felony.

REPUBLIC ACT NO. 10159 April 10, 2012 "3. When the principal penalty imposed is higher than prision
correctional, no subsidiary imprisonment shall be imposed
AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS upon the culprit.
AMENDED, OTHERWISE KNOWN AS THE REVISED
PENAL CODE "4. If the principal penalty imposed is not to be executed by
confinement in a penal institution, but such penalty is of fixed
Be it enacted by the Senate and House of Representatives of duration, the convict, during the period of time established in
the Philippines in Congress assembled: the preceding rules, shall continue to suffer the same
deprivations as those of which the principal penalty consists.
Section 1. Article 39 of Act No. 3815, as amended, is hereby
further amended to read as follows: "5. The subsidiary personal liability which the convict may
have suffered by reason of his insolvency shall not relieve him
"Art. 39. Subsidiary Penalty. – If the convict has no property from the fine in case his financial circumstances should
with which to meet the fine mentioned in paragraph 3 of the improve." (As amended by Republic Act No. 5465, which
next preceding article, he shall be subject to a subsidiary lapsed into law on April 21, 1969.)
personal liability at the rate of one day for each amount
equivalent to the highest minimum wage rate prevailing in the Section 2. Separability Clause. – If any provision or part
Philippines at the time of the rendition of judgment of hereof is held invalid or unconstitutional, the remainder of the
conviction by the trial court, subject to the following rules: law or the provision not otherwise affected shall remain valid
and subsisting.
"1. If the principal penalty imposed be prision correctional or
arresto and fine, he shall remain under confinement until his Section 3. Repealing Clause. – All laws, presidential decrees
fine referred in the preceding paragraph is satisfied, but his or issuances, executive orders, letters of instruction,
administrative orders or rules and regulations which may be of the check if presented within a period of ninety (90) days
inconsistent with this Act shall be deemed repealed, amended from the date appearing thereon, for which reason it is
or modified accordingly. dishonored by the drawee bank.

Section 4. Effectivity. – This Act shall take effect fifteen (15) Where the check is drawn by a corporation, company or entity,
days following its publication in the Official Gazette or in two the person or persons who actually signed the check in behalf
(2) newspapers of general circulation. of such drawer shall be liable under this Act.

BATAS PAMBANSA BLG. 22 Section 2. Evidence of knowledge of insufficient funds. - The

making, drawing and issuance of a check payment of which is
AN ACT PENALIZING THE MAKING OR DRAWING AND refused by the drawee because of insufficient funds in or credit
ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS with such bank, when presented within ninety (90) days from
OR CREDIT AND FOR OTHER PURPOSES. the date of the check, shall be prima facie evidence of
knowledge of such insufficiency of funds or credit unless such
Section 1. Checks without sufficient funds. - Any person who maker or drawer pays the holder thereof the amount due
makes or draws and issues any check to apply on account or thereon, or makes arrangements for payment in full by the
for value, knowing at the time of issue that he does not have drawee of such check within (5) banking days after receiving
sufficient funds in or credit with the drawee bank for the notice that such check has not been paid by the drawee.
payment of such check in full upon its presentment, which
check is subsequently dishonored by the drawee bank for Section 3. Duty of drawee; rules of evidence. - It shall be the
insufficiency of funds or credit or would have been dishonored duty of the drawee of any check, when refusing to pay the
for the same reason had not the drawer, without any valid same to the holder thereof upon presentment, to cause to be
reason, ordered the bank to stop payment, shall be punished written, printed, or stamped in plain language thereon, or
by imprisonment of not less than thirty days but not more than attached thereto, the reason for drawee's dishonor or refusal
one (1) year or by a fine of not less than but not more than to pay the same: Provided, That where there are no sufficient
double the amount of the check which fine shall in no case funds in or credit with such drawee bank, such fact shall
exceed Two Hundred Thousand Pesos, or both such fine and always be explicitly stated in the notice of dishonor or refusal.
imprisonment at the discretion of the court. In all prosecutions under this Act, the introduction in evidence
of any unpaid and dishonored check, having the drawee's
The same penalty shall be imposed upon any person who, refusal to pay stamped or written thereon or attached thereto,
having sufficient funds in or credit with the drawee bank when with the reason therefor as aforesaid, shall be prima facie
he makes or draws and issues a check, shall fail to keep evidence of the making or issuance of said check, and the due
sufficient funds or to maintain a credit to cover the full amount presentment to the drawee for payment and the dishonor
thereof, and that the same was properly dishonored for the Republic of the Philippines
reason written, stamped or attached by the drawee on such CONGRESS OF THE PHILIPPINES
dishonored check. Metro Manila

Not with standing receipt of an order to stop payment, the Fifteenth Congress
drawee shall state in the notice that there were no sufficient Third Regular Session
funds in or credit with such bank for the payment in full of such
check, if such be the fact. Begun and held in Metro Manila, on Monday, the twenty-third
day of July, two thousand twelve.
Section 4. Credit construed. - The word "credit" as used
herein shall be construed to mean an arrangement or REPUBLIC ACT No. 10592
understanding with the bank for the payment of such check.
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99
Section 5. Liability under the Revised Penal Code. - OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN
Prosecution under this Act shall be without prejudice to any AS THE REVISED PENAL CODE
liability for violation of any provision of the Revised Penal
Code. Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
Section 6. Separability clause. - If any separable provision of
this Act be declared unconstitutional, the remaining provisions Section 1. Article 29 of Act No. 3815, as amended, otherwise
shall continue to be in force. known as the Revised Penal Code, is hereby further amended
to read as follows:
Section 7. Effectivity. - This Act shall take effect fifteen days
after publication in the Official Gazette. "ART. 29. Period of preventive imprisonment deducted
from term of imprisonment. – Offenders or accused
Approved: April 3, 1979. who have undergone preventive imprisonment shall be
credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which
they have undergone preventive imprisonment if the
detention prisoner agrees voluntarily in writing after
being informed of the effects thereof and with the
assistance of counsel to abide by the same disciplinary
rules imposed upon convicted prisoners, except in the absent without justifiable cause at any stage of the trial,
following cases: the court may motu proprio order the rearrest of the
accused: Provided, finally, That recidivists, habitual
"1. When they are recidivists, or have been delinquents, escapees and persons charged with
convicted previously twice or more times of any heinous crimes are excluded from the coverage of this
crime; and Act. In case the maximum penalty to which the
accused may be sentenced is lestierro, he shall be
"2. When upon being summoned for the released after thirty (30) days of preventive
execution of their sentence they have failed to imprisonment."
surrender voluntarily.
Section 2. Article 94 of the same Act is hereby further
"If the detention prisoner does not agree to abide by amended to read as follows:
the same disciplinary rules imposed upon convicted
prisoners, he shall do so in writing with the assistance "ART. 94. Partial extinction of criminal liability. –
of a counsel and shall be credited in the service of his Criminal liability is extinguished partially:
sentence with four-fifths of the time during which he
has undergone preventive imprisonment. "1. By conditional pardon;

"Credit for preventive imprisonment for the penalty "2. By commutation of the sentence; and
of reclusion perpetua shall be deducted from thirty (30)
years.1âwphi1 "3. For good conduct allowances which the
culprit may earn while he is undergoing
"Whenever an accused has undergone preventive preventive imprisonment or serving his
imprisonment for a period equal to the possible sentence."
maximum imprisonment of the offense charged to
which he may be sentenced and his case is not yet Section 3. Article 97 of the same Act is hereby further
terminated, he shall be released immediately without amended to read as follows:
prejudice to the continuation of the trial thereof or the
proceeding on appeal, if the same is under review. "ART. 97. Allowance for good conduct. – The good
Computation of preventive imprisonment for purposes conduct of any offender qualified for credit for
of immediate release under this paragraph shall be the preventive imprisonment pursuant to Article 29 of this
actual period of detention with good conduct time Code, or of any convicted prisoner in any penal
allowance: Provided, however, That if the accused is institution, rehabilitation or detention center or any
other local jail shall entitle him to the following Section 4. Article 98 of the same Act is hereby further
deductions from the period of his sentence: amended to read as follows:

"1. During the first two years of imprisonment, "ART. 98. Special time allowance for loyalty. – A
he shall be allowed a deduction of twenty days deduction of one fifth of the period of his sentence shall
for each month of good behavior during be granted to any prisoner who, having evaded his
detention; preventive imprisonment or the service of his sentence
under the circumstances mentioned in Article 158 of
"2. During the third to the fifth year, inclusive, of this Code, gives himself up to the authorities within 48
his imprisonment, he shall be allowed a hours following the issuance of a proclamation
reduction of twenty-three days for each month announcing the passing away of the calamity or
of good behavior during detention; catastrophe referred to in said article. A deduction of
two-fifths of the period of his sentence shall be granted
"3. During the following years until the tenth in case said prisoner chose to stay in the place of his
year, inclusive, of his imprisonment, he shall be confinement notwithstanding the existence of a
allowed a deduction of twenty-five days for calamity or catastrophe enumerated in Article 158 of
each month of good behavior during detention; this Code.

"4. During the eleventh and successive years of "This Article shall apply to any prisoner whether
his imprisonment, he shall be allowed a undergoing preventive imprisonment or serving
deduction of thirty days for each month of good sentence."
behavior during detention; and
Section 5. Article 99 of the same Act is hereby further
"5. At any time during the period of amended to read as follows:"
imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers "ART. 99. Who grants time allowances. – Whenever
one to four hereof, for each month of study, lawfully justified, the Director of the Bureau of
teaching or mentoring service time rendered. Corrections, the Chief of the Bureau of Jail
Management and Penology and/or the Warden of a
"An appeal by the accused shall not deprive him of provincial, district, municipal or city jail shall grant
entitlement to the above allowances for good conduct." allowances for good conduct. Such allowances once
granted shall not be revoked."
Section 6. Penal Clause. – Faithful compliance with the MALACAÑANG
provisions of this Act is hereby mandated. As such, the penalty Manila
of one (1) year imprisonment, a fine of One hundred thousand
pesos (P100,000.00) and perpetual disqualification to hold PRESIDENTIAL DECREE No. 1829
office shall be imposed against any public officer or employee
who violates the provisions of this Act. PENALIZING OBSTRUCTION OF APPREHENSION AND
PROSECUTION OF CRIMINAL OFFENDERS
Section 7. Implementing Rules and Regulations. – The
Secretary of the Department of Justice (DOJ) and the WHEREAS, crime and violence continue to proliferate despite
Secretary of the Department of the Interior and Local the sustained vigorous efforts of the government to effectively
Government (DILG) shall within sixty (60) days from the contain them;
approval of this Act, promulgate rules and regulations on the
classification system for good conduct and time allowances, as WHEREAS, to discourage public indifference or apathy
may be necessary, to implement the provisions of this Act. towards the apprehension and prosecution of criminal
offenders, it is necessary to penalize acts which obstruct or
Section 8. Separability Clause. – If any part hereof is held frustrate or tend to obstruct or frustrate the successful
invalid or unconstitutional, the remainder of the provisions not apprehension and prosecution of criminal offenders;
otherwise affected shall remain valid and subsisting.
NOW, THEREFORE, I, FERDINAND, E. MARCOS, President
Section 9. Repealing Clause. – Any law, presidential decree of the Philippines, by virtue of the powers vested in me by law
or issuance, executive order, letter of instruction, do hereby decree and order the following:
administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, Section 1. The penalty of prision correccional in its maximum
modified or amended accordingly. period, or a fine ranging from 1,000 to 6,000 pesos, or both,
shall be imposed upon any person who knowingly or willfully
Section 10. Effectivity Clause. – This Act shall take effect obstructs, impedes, frustrates or delays the apprehension of
fifteen (15) days from its publication in the Official Gazette or suspects and the investigation and prosecution of criminal
in at least two (2) new papers of general circulation. 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 (g) soliciting, accepting, or agreeing to accept any
threats; benefit in consideration of abstaining from, discounting,
or impeding the prosecution of a criminal offender;
(b) altering, destroying, suppressing or concealing any
paper, record, document, or object, with intent to impair (h) threatening directly or indirectly another with the
its verity, authenticity, legibility, availability, or infliction of any wrong upon his person, honor or
admissibility as evidence in any investigation of or property or that of any immediate member or members
official proceedings in, criminal cases, or to be used in of his family in order to prevent such person from
the investigation of, or official proceedings in, criminal appearing in the investigation of, or official proceedings
cases; in, criminal cases, or imposing a condition, whether
lawful or unlawful, in order to prevent a person from
(c) harboring or concealing, or facilitating the escape appearing in the investigation of or in official
of, any person he knows, or has reasonable ground to proceedings in, criminal cases;
believe or suspect, has committed any offense under
existing penal laws in order to prevent his arrest (i) giving of false or fabricated information to mislead or
prosecution and conviction; prevent the law enforcement agencies from
apprehending the offender or from protecting the life or
(d) publicly using a fictitious name for the purpose of property of the victim; or fabricating information from
concealing a crime, evading prosecution or the the data gathered in confidence by investigating
execution of a judgment, or concealing his true name authorities for purposes of background information and
and other personal circumstances for the same not for publication and publishing or disseminating the
purpose or purposes; same to mislead the investigator or to the court.

(e) delaying the prosecution of criminal cases by If any of the acts mentioned herein is penalized by any other
obstructing the service of process or court orders or law with a higher penalty, the higher penalty shall be imposed.
disturbing proceedings in the fiscal's offices, in
Tanodbayan, or in the courts; Section 2. If any of the foregoing acts is committed by a public
official or employee, he shall in addition to the penalties
(f) making, presenting or using any record, document, provided thereunder, suffer perpetual disqualification from
paper or object with knowledge of its falsity and with holding public office.
intent to affect the course or outcome of the
investigation of, or official proceedings in, criminal Section 3. This Decree shall take effect immediately.
cases;
Done in the City of Manila, this 16th day of January, in the Section 1. Title. This decree shall be known as the Anti-
year of Our Lord, nineteen hundred and eighty-one. Fencing Law.

Section 2. Definition of Terms. The following terms shall mean

as follows:
MALACAÑANG
Manila (a) "Fencing" is the act of any person who, with intent
to gain for himself or for another, shall buy, receive,
PRESIDENTIAL DECREE No. 1612 possess, keep, acquire, conceal, sell or dispose of, or
shall buy and sell, or in any other manner deal in any
ANTI-FENCING LAW OF 1979 article, item, object or anything of value which he
knows, or should be known to him, to have been
WHEREAS, reports from law enforcement agencies reveal derived from the proceeds of the crime of robbery or
that there is rampant robbery and thievery of government and theft.
private properties;
(b) "Fence" includes any person, firm, association
WHEREAS, such robbery and thievery have become profitable corporation or partnership or other organization
on the part of the lawless elements because of the existence who/which commits the act of fencing.
of ready buyers, commonly known as fence, of stolen
properties;lawphil.net Section 3. Penalties. Any person guilty of fencing shall be
punished as hereunder indicated:
WHEREAS, under existing law, a fence can be prosecuted
only as an accessory after the fact and punished lightly; (a) The penalty of prision mayor, if the value of the
property involved is more than 12,000 pesos but not
WHEREAS, is imperative to impose heavy penalties on exceeding 22,000 pesos; if the value of such property
persons who profit by the effects of the crimes of robbery and exceeds the latter sum, the penalty provided in this
theft. paragraph shall be imposed in its maximum period,
adding one year for each additional 10,000 pesos; but
NOW, THEREFORE, I, FERDINAND E. MARCOS, President the total penalty which may be imposed shall not
of the Philippines by virtue of the powers vested in me by the exceed twenty years. In such cases, the penalty shall
be termed reclusion temporal and the accessory
Constitution, do hereby order and decree as part of the law of
penalty pertaining thereto provided in the Revised
the land the following:
Penal Code shall also be imposed.
 (b) The penalty of prision correccional in its medium Section 6. Clearance/Permit to Sell/Used Second Hand
and maximum periods, if the value of the property Articles. For purposes of this Act, all stores, establishments or
robbed or stolen is more than 6,000 pesos but not entities dealing in the buy and sell of any good, article item,
exceeding 12,000 pesos. object of anything of value obtained from an unlicensed dealer
or supplier thereof, shall before offering the same for sale to
(c) The penalty of prision correccional in its minimum the public, secure the necessary clearance or permit from the
and medium periods, if the value of the property station commander of the Integrated National Police in the
involved is more than 200 pesos but not exceeding town or city where such store, establishment or entity is
6,000 pesos. located. The Chief of Constabulary/Director General,
Integrated National Police shall promulgate such rules and
(d) The penalty of arresto mayor in its medium period regulations to carry out the provisions of this section. Any
to prision correccional in its minimum period, if the person who fails to secure the clearance or permit required by
value of the property involved is over 50 pesos but not this section or who violates any of the provisions of the rules
exceeding 200 pesos. and regulations promulgated thereunder shall upon conviction
be punished as a fence. lawphi1.net
(e) The penalty of arresto mayor in its medium period if
such value is over five (5) pesos but not exceeding 50 Section 7. Repealing Clause. All laws or parts thereof, which
pesos. are inconsistent with the provisions of this Decree are hereby
repealed or modified accordingly.
(f) The penalty of arresto mayor in its minimum period if
such value does not exceed 5 pesos. Section 8. Effectivity. This Decree shall take effect upon
approval.
Section 4. Liability of Officials of Juridical Persons. If the fence
is a partnership, firm, corporation or association, the president Done in the City of Manila, this 2nd day of March, in the year
or the manager or any officer thereof who knows or should of Our Lord, nineteen hundred and seventy-nine.
have known the commission of the offense shall be liable.

Section 5. Presumption of Fencing. Mere possession of any

good, article, item, object, or anything of value which has been
the subject of robbery or thievery shall be prima facie evidence
of fencing.
 RULES AND REGULATIONS TO CARRY OUT THE 5. "Station Commander" shall refer to the Station
PROVISIONS OF SECTION 6 OF PRESIDENTIAL DECREE Commander of the Integrated National Police within the
NO. 1612, KNOWN AS THE ANTI-FENCING LAW. territorial limits of the town or city district where the
store, establishment or entity dealing in the buying and
Pursuant to Section 6 of Presidential Decree No. 1612, known selling of used secondhand articles is located.
as the Anti-Fencing Law, the following rules and regulations
are hereby promulgated to govern the issuance of II. Duty to Procure Clearance or Permit
clearances/permits to sell used secondhand articles obtained
from an unlicensed dealer or supplier thereof: 1. No person shall sell or offer to sell to the public any
used secondhand article as defined herein without first
I. Definition of Terms securing a clearance or permit for the purpose from the
proper Station Commander of the Integrated National
1. "Used secondhand article" shall refer to any goods, Police.
article, item, object or anything of value obtained from
an unlicensed dealer or supplier, regardless of whether 2. If the person seeking the clearance or permit is a
the same has actually or in fact been used. partnership, firm, corporation, or association or group
of individuals, the clearance or permit shall be obtained
2. "Unlicensed dealer/supplier" shall refer to any by or in the name of the president, manager or other
persons, partnership, firm, corporation, association or responsible officer-in-charge thereof.
any other entity or establishment not licensed by the
government to engage in the business of dealing in or 3. If a store, firm, corporation, partnership, association
of supplying the articles defined in the preceding or other establishment or entity has a branch or
paragraph. subsidiary and the used secondhand article is acquired
by such branch or subsidiary for sale to the public, the
3. "Store", "establishment" or "entity" shall be said branch or subsidiary shall secure the required
construed to include any individual dealing in the clearance or permit.
buying and selling used secondhand articles, as
defined in paragraph hereof. 4. Any goods, article, item, or object or anything of
value acquired from any source for which no receipt or
4. "Buy and Sell" refer to the transaction whereby one equivalent document evidencing the legality of its
purchases used secondhand articles for the purpose of acquisition could be presented by the present
resale to third persons. possessor or holder thereof, or the covering receipt, or
equivalent document, of which is fake, falsified or
 irregularly obtained, shall be presumed as having been the affidavit submitted be accompanied by other
acquired from an unlicensed dealer or supplier and the documents showing proof of legitimacy of the
possessor or holder thereof must secure the required acquisition of the articles.
clearance or permit before the same can be sold or
offered for sale to the public. 2. A party required to secure a clearance or permit
under these rules and regulations shall file an
III. Procedure for Procurement of Clearances or Permits application therefor with the Station Commander
concerned. The application shall state:
1. The Station Commanders concerned shall require
the owner of a store or the president, manager or (a) The name, address and other pertinent
responsible officer-in-charge of a firm, establishment or circumstances of the persons, in case of an
other entity located within their respective jurisdictions individual or, in the case of a firm, corporation,
and in possession of or having in stock used association, partnership or other entity, the
secondhand articles as defined herein, to submit an name, address and other pertinent
initial affidavit within thirty (30) days from receipt of circumstances of the president, manager or
notice for the purpose thereof and subsequent officer-in-charge.
affidavits once every fifteen (15) days within five (5)
days after the period covered, which shall contain: (b) The article to be sold or offered for sale to
the public and the name and address of the
(a) A complete inventory of such articles unlicensed dealer or supplier from whom such
acquired daily from whatever source and the article was acquired.
names and addresses of the persons from
whom such articles were acquired. In support of the application, there shall be attached to
it the corresponding receipt or other equivalent
(b) A full list of articles to be sold or offered for document to show proof of the legitimacy of acquisition
sale as well as the place where the date when of the article.
the sale or offer for sale shall commence.
3. The Station Commander shall examine the
(c) The place where the articles are presently documents attached to the application and may require
deposited or kept in stock. the presentation of other additional documents, if
necessary, to show satisfactory proof of the legitimacy
The Station Commander may, at his discretion when of acquisition of the article, subject to the following
the circumstances of each case warrant, require that conditions:
(a) If the legitimacy of acquisition of any article (c) If, before expiration of the same period for
from an unlicensed source cannot be publication of the notice or its posting, it shall
satisfactorily established by the documents appear that any of the articles in question is
presented, the Station Commander shall, upon stolen property, the Station Commander shall
approval of the INP Superintendent in the hold the article in restraint as evidence in any
district and at the expense of the party seeking appropriate case to be filed. Articles held in
the clearance/permit, cause the publication of a restraint shall be kept and disposed of as the
notice in a newspaper of general circulation for circumstances of each case permit, taking into
two (2) successive days enumerating therein account all considerations of right and justice in
the articles acquired from an unlicensed dealer the case. In any case where any article is held
or supplier, the names and addresses of the in restraint, it shall be the duty of the Station
persons from whom they were acquired and Commander concerned to advise/notify the
shall state that such articles are to be sold or Commission on Audit of the case and comply
offered for sale to the public at the address of with such procedure as may be proper under
the store, establishment or other entity seeking applicable existing laws, rules and regulations.
the clearance/permit. In places where no
newspapers are in general circulation, the party 4. The Station Commander concerned shall, within
seeking the clearance or permit shall, instead, seventy-two (72) hours from receipt of the application,
post a notice daily for one week on the bulletin act thereon by either issuing the clearance/permit
board of the municipal building of the town requested or denying the same. Denial of an
where the store, firm, establishment or entity application shall be in writing and shall state in brief the
concerned is located or, in the case of an reason/s therefor.
individual, where the articles in his possession
are to be sold or offered for sale. 5. The application, clearance/permit or the denial
thereof, including such other documents as may be
(b) If after 15 days, upon expiration of the pertinent in the implementation of Section 6 of P.D. No.
period of publication or of the notice referred to 1612 shall be in the forms prescribed in Annexes "A",
in the preceding paragraph, no claim is made "B", "C", "D", and "E" hereof, which are made integral
with respect to any of the articles enumerated in parts of these rules and regulations.
the notice, the Station Commander shall issue
the clearance or permit sought. 6. For the issuance of clearances/permit required
under Section 6 of P.D. No. 1612, no fee shall be
charged.
IV. Appeals rules and regulations shall be held in restraint until
satisfactory evidence or legitimacy of acquisition has
Any party aggrieved by the action taken by the Station been established.
Commander may elevate the decision taken in the case to the
proper INP District Superintendent and, if he is still dissatisfied 4. Articles for which no satisfactory evidence of
therewith may take the same on appeal to the INP Director. legitimacy of acquisition is established and which are
The decision of the INP Director may also be appealed to the found to be stolen property shall likewise be held under
INP Director-General whose decision may likewise be restraint and shall, furthermore, be subject to
appealed to the Minister of National Defense. The decision of confiscation as evidence in the appropriate case to be
the Minister of National Defense on the case shall be final. The filed. If, upon termination of the case, the same is not
appeal against the decision taken by a Commander lower than claimed by their legitimate owners, the article/s shall be
the INP Director-General should be filed to the next higher forfeited in favor of the government and made subject
Commander within ten (10) days from receipt of notice of the to disposition as the circumstances warrant in
decision. The decision of the INP Director-General should be accordance with applicable existing laws, rules and
appealed within fifteen (15) days from receipt of notice of the regulations. The Commission on Audit shall, in all
decision. cases, be notified.

V. Penalties 5. Any personnel of the Integrated National Police

found violating the provisions of Section 6 of P.D. No.
1. Any person who fails to secure the clearance or 1612 or any of its implementing rules and regulations
permit required by Section 6 of P.D. 1612 or who or who, in any manner whatsoever, connives with or
violates any of the provisions of these rules and through his negligence or inaction makes possible the
regulations shall upon conviction be punished as a commission of such violations by any party required to
fence. comply with the law and its implementing rules and
regulations, shall be prosecuted criminally without
2. The INP Director-General shall recommend to the prejudice to the imposition of administrative penalties.
proper authority the cancellation of the business
license of the erring individual, store, establishment or VI. Visitorial Power
the entity concerned.
It shall be the duty of the owner of the store or of the president,
3. Articles obtained from unlicensed sources for sale or manager or responsible officer-in-charge of any firm,
offered for sale without prior compliance with the establishment or other entity or of an individual having in his
provisions of Section 6 of P.D. No. 1612 and with these premises articles to be sold or offered for sale to the public to
allow the Station Commander or his authorized representative Director containing a consolidation of the information
to exercise visitorial powers. For this purpose, however, the stated in the reports of Station Commanders in his
power to conduct visitations shall be exercise only during jurisdiction.
office or business hours and upon authority in writing from and
by the INP Superintendent in the district and for the sole 3. Reports from INP District Superintendent shall serve
purpose of determining whether articles are kept in possession as basis for a consolidated report to be submitted
or stock contrary to the intents of Section 6 of P.D. No. 1612 semi-annually by INP Directors to the Director-General,
and of these rules and regulations. Integrated National Police.

VII. Other Duties Imposed Upon Station Commanders and INP 4. In all cases, reports emanating from the different
District Superintendent and Directors Following Action on levels of the Integrated National Police shall be
Applications for Clearances or Permits accompanied with full and accurate inventories of the
articles acquired from unlicensed dealers or suppliers
1. At the end of each month, it shall be the duty of the and proposed to be sold or offered for sale in the
Station Commander concerned to: jurisdictions covered by the report.

(a) Make and maintain a file in his office of all These implementing rules and regulations, having been
clearances/permit issued by him. published in a newspaper of national circulation, shall take
effect on June 15, 1979.
(b) Submit a full report to the INP District
Superintendent on the number of applications FOR THE CHIEF OF CONSTABULARY DIRECTOR-
for clearances or permits processed by his GENERAL, INP:
office, indicating therein the number of
clearances/permits issued and the number of
applications denied. The report shall state the
reasons for denial of an application and the
corresponding follow-up actions taken and shall
be accompanied by an inventory of the articles
to be sold or offered for sale in his jurisdiction.

2. The INP District Superintendent shall, on the basis

of the reports submitted by the Station Commander, in
turn submit quarterly reports to the appropriate INP
 Republic of the Philippines children in conflict with the law from prevention to rehabilitation
Congress of the Philippines and reintegration.
Metro Manila
SEC. 2. Declaration of State Policy. - The following State
Thirteenth Congress policies shall be observed at all times:
Second Regular Session
(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
Begun and held in Metro Manila, on Monday, the twenty-fifth nationalism, and encourage their involvement in public
day of July, two thousand and five. and civic affairs.

Republic Act No. 9344 (b) The State shall protect the best interests of the child
through measures that will ensure the observance of
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE international standards of child protection, especially
JUSTICE AND WELFARE SYSTEM, CREATING THE those to which the Philippines is a party. Proceedings
JUVENILE JUSTICE AND WELFARE COUNCIL UNDER before any authority shall be conducted in the best
THE DEPARTMENT OF JUSTICE, APPROPRIATING interest of the child and in a manner which allows the
FUNDS THEREFOR AND FOR OTHER PURPOSES child to participate and to express himself/herself
freely. The participation of children in the program and
Be it enacted by the Senate and House of Representatives of policy formulation and implementation related to
the Philippines in Congress assembled: juvenile justice and welfare shall be ensured by the
concerned government agency.
TITLE I
GOVERNING PRINCIPLES (c) The State likewise recognizes the right of children
to assistance, including proper care and nutrition, and
CHAPTER 1 special protection from all forms of neglect, abuse,
cruelty and exploitation, and other conditions
TITLE, POLICY AND DEFINITION OF TERMS
prejudicial to their development.
Section 1. Short Title and Scope. - This Act shall be known
as the "Juvenile Justice and Welfare Act of 2006."It shall (d) Pursuant to Article 40 of the United Nations
cover the different stages involving children at risk and Convention on the Rights of the Child, the State
 recognizes the right of every child alleged as, accused SEC. 4. Definition of Terms. - The following terms as used in
of, adjudged, or recognized as having infringed the this Act shall be defined as follows:
penal law to be treated in a manner consistent with the
promotion of the child's sense of dignity and worth, (a) "Bail" refers to the security given for the release of
taking into account the child's age and desirability of the person in custody of the law, furnished by him/her
promoting his/her reintegration. Whenever appropriate or a bondsman, to guarantee his/her appearance
and desirable, the State shall adopt measures for before any court. Bail may be given in the form of
dealing with such children without resorting to judicial corporate security, property bond, cash deposit, or
proceedings, providing that human rights and legal recognizance.
safeguards are fully respected. It shall ensure that
children are dealt with in a manner appropriate to their (b) "Best Interest of the Child" refers to the totality of
well-being by providing for, among others, a variety of the circumstances and conditions which are most
disposition measures such as care, guidance and congenial to the survival, protection and feelings of
supervision orders, counseling, probation, foster care, security of the child and most encouraging to the child's
education and vocational training programs and other physical, psychological and emotional development. It
alternatives to institutional care. also means the least detrimental available alternative
for safeguarding the growth and development of the
(e) The administration of the juvenile justice and child.
welfare system shall take into consideration the cultural
and religious perspectives of the Filipino people, (e) "Child" refers to a person under the age of eighteen
particularly the indigenous peoples and the Muslims, (18) years.
consistent with the protection of the rights of children
belonging to these communities. (d) "Child at Risk" refers to a child who is vulnerable to
and at the risk of committing criminal offenses because
(f) The State shall apply the principles of restorative of personal, family and social circumstances, such as,
justice in all its laws, policies and programs applicable but not limited to, the following:
to children in conflict with the law.
(1) being abused by any person through sexual,
SEC. 3. Liberal Construction of this Act. - In case of doubt, physical, psychological, mental, economic or
the interpretation of any of the provisions of this Act, including any other means and the parents or guardian
its implementing rules and regulations (IRRs), shall be refuse, are unwilling, or unable to provide
construed liberally in favor of the child in conflict with the law. protection for the child;
 (2) being exploited including sexually or (h) "Deprivation of Liberty" refers to any form of
economically; detention or imprisonment, or to the placement of a
child in conflict with the law in a public or private
(3) being abandoned or neglected, and after custodial setting, from which the child in conflict with
diligent search and inquiry, the parent or the law is not permitted to leave at will by order of any
guardian cannot be found; judicial or administrative authority.

(4) coming from a dysfunctional or broken (i) "Diversion" refers to an alternative, child-appropriate
family or without a parent or guardian; process of determining the responsibility and treatment
of a child in conflict with the law on the basis of his/her
(5) being out of school; social, cultural, economic, psychological or educational
background without resorting to formal court
(6) being a streetchild; proceedings.

(7) being a member of a gang; (j) "Diversion Program" refers to the program that the
child in conflict with the law is required to undergo after
(8) living in a community with a high level of he/she is found responsible for an offense without
resorting to formal court proceedings.
criminality or drug abuse; and
(k) "Initial Contact With-the Child" refers to the
(9) living in situations of armed conflict.
apprehension or taking into custody of a child in conflict
with the law by law enforcement officers or private
(e) "Child in Conflict with the Law" refers to a child who
citizens. It includes the time when the child alleged to
is alleged as, accused of, or adjudged as, having
be in conflict with the law receives a subpoena under
committed an offense under Philippine laws.
Section 3(b) of Rule 112 of the Revised Rules of
Criminal Procedure or summons under Section 6(a) or
(f) "Community-based Programs" refers to the Section 9(b) of the same Rule in cases that do not
programs provided in a community setting developed require preliminary investigation or where there is no
for purposes of intervention and diversion, as well as necessity to place the child alleged to be in conflict with
rehabilitation of the child in conflict with the law, for the law under immediate custody.
reintegration into his/her family and/or community.
(I) "Intervention" refers to a series of activities which
(g) "Court" refers to a family court or, in places where are designed to address issues that caused the child to
there are no family courts, any regional trial court.
commit an offense. It may take the form of an he/she can be reintegrated into society. It also
individualized treatment program which may include enhances public safety by activating the offender, the
counseling, skills training, education, and other victim and the community in prevention strategies.
activities that will enhance his/her psychological,
emotional and psycho-social well-being. (r) "Status Offenses" refers to offenses which
discriminate only against a child, while an adult does
(m) "Juvenile Justice and Welfare System" refers to a not suffer any penalty for committing similar acts.
system dealing with children at risk and children in These shall include curfew violations; truancy, parental
conflict with the law, which provides child-appropriate disobedience and the like.
proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and (s) "Youth Detention Home" refers to a 24-hour child-
aftercare to ensure their normal growth and caring institution managed by accredited local
development. government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs)
(n) "Law Enforcement Officer" refers to the person in providing short-term residential care for children in
authority or his/her agent as defined in Article 152 of conflict with the law who are awaiting court disposition
the Revised Penal Code, including a barangay tanod. of their cases or transfer to other agencies or
jurisdiction.
(0) "Offense" refers to any act or omission whether
punishable under special laws or the Revised Penal (t) "Youth Rehabilitation Center" refers to a 24-hour
Code, as amended. residential care facility managed by the Department of
Social Welfare and Development (DSWD), LGUs,
(p) "Recognizance" refers to an undertaking in lieu of a licensed and/or accredited NGOs monitored by the
bond assumed by a parent or custodian who shall be DSWD, which provides care, treatment and
responsible for the appearance in court of the child in rehabilitation services for children in conflict with the
conflict with the law, when required. law. Rehabilitation services are provided under the
guidance of a trained staff where residents are cared
(q) "Restorative Justice" refers to a principle which for under a structured therapeutic environment with the
requires a process of resolving conflicts with the end view of reintegrating them into their families and
maximum involvement of the victim, the offender and communities as socially functioning individuals.
the community. It seeks to obtain reparation for the Physical mobility of residents of said centers may be
victim; reconciliation of the offender, the offended and restricted pending court disposition of the charges
the community; and reassurance to the offender that against them.
 (u) "Victimless Crimes" refers to offenses where there family through correspondence and visits, save in
is no private offended party. exceptional circumstances;

CHAPTER 2 (e) the right to prompt access to legal and other

PRINCIPLES IN THE ADMINISTRATION OF JUVENILE appropriate assistance, as well as the right to
JUSTICE AND WELFARE challenge the legality of the deprivation of his/her
liberty before a court or other competent, independent
SEC. 5. Rights of the Child in Conflict with the Law. - Every and impartial authority, and to a prompt decision on
child in conflict with the law shall have the following rights, such action;
including but not limited to:
(f) the right to bail and recognizance, in appropriate
(a) the right not to be subjected to torture or other cases;
cruel, inhuman or degrading treatment or punishment;
(g) the right to testify as a witness in hid/her own behalf
(b) the right not to be imposed a sentence of capital under the rule on examination of a child witness;
punishment or life imprisonment, without the possibility
of release; (h) the right to have his/her privacy respected fully at all
stages of the proceedings;
(c) the right not to be deprived, unlawfully or arbitrarily,
of his/her liberty; detention or imprisonment being a (i) the right to diversion if he/she is qualified and
disposition of last resort, and which shall be for the voluntarily avails of the same;
shortest appropriate period of time;
(j) the right to be imposed a judgment in proportion to
(d) the right to be treated with humanity and respect, the gravity of the offense where his/her best interest,
for the inherent dignity of the person, and in a manner the rights of the victim and the needs of society are all
which takes into account the needs of a person of taken into consideration by the court, under the
his/her age. In particular, a child deprived of liberty principle of restorative justice;
shall be separated from adult offenders at all times. No
child shall be detained together with adult offenders. (k) the right to have restrictions on his/her personal
He/She shall be conveyed separately to or from court. liberty limited to the minimum, and where discretion is
He/She shall await hearing of his/her own case in a given by law to the judge to determine whether to
separate holding area. A child in conflict with the law impose fine or imprisonment, the imposition of fine
shall have the right to maintain contact with his/her being preferred as the more appropriate penalty;
 (I) in general, the right to automatic suspension of The exemption from criminal liability herein established does
sentence; not include exemption from civil liability, which shall be
enforced in accordance with existing laws.
(m) the right to probation as an alternative to
imprisonment, if qualified under the Probation Law; SEC. 7. Determination ofAge. - The child in conflict with the
law shall enjoy the presumption of minority. He/She shall enjoy
(n) the right to be free from liability for perjury, all the rights of a child in conflict with the law until he/she is
concealment or misrepresentation; and proven to be eighteen (18) years old or older. The age of a
child may be determined from the child's birth certificate,
(o) other rights as provided for under existing laws, baptismal certificate or any other pertinent documents. In the
rules and regulations. absence of these documents, age may be based on
information from the child himself/herself, testimonies of other
The State further adopts the provisions of the United Nations persons, the physical appearance of the child and other
Standard Minimum Rules for the Administration of Juvenile relevant evidence. In case of doubt as to the age of the child, it
Justice or "Beijing Rules", United Nations Guidelines for the shall be resolved in his/her favor.
Prevention of Juvenile Delinquency or the "Riyadh
Guidelines", and the United Nations Rules for the Protection of Any person contesting the age of the child in conflict with the
Juveniles Deprived of Liberty. law prior to the filing of the information in any appropriate court
may file a case in a summary proceeding for the determination
SEC. 6. Minimum Age of Criminal Responsibility. - A child of age before the Family Court which shall decide the case
fifteen (15) years of age or under at the time of the within twenty-four (24) hours from receipt of the appropriate
commission of the offense shall be exempt from criminal pleadings of all interested parties.
liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act. 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
A child above fifteen (15) years but below eighteen (18) years motion to determine the age of the child in the same court
of age shall likewise be exempt from criminal liability and be where the case is pending. Pending hearing on the said
subjected to an intervention program, unless he/she has acted motion, proceedings on the main case shall be suspended.
with discernment, in which case, such child shall be subjected
to the appropriate proceedings in accordance with this Act. 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 (i) Commission on Human Rights (CHR);
STRUCTURES IN THE ADMINISTRATION OF JUVENILE
JUSTICE AND WELFARE (k) Technical Education and Skills Development
Authority (TESDA);
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A
Juvenile Justice and Welfare Council (JJWC) is hereby (l) National Youth Commission (NYC); and
created and attached to the Department of Justice and placed
under its administrative supervision. The JJWC shall be (m) Other institutions focused on juvenile justice and
chaired by an undersecretary of the Department of Social intervention programs.
Welfare and Development. It shall ensure the effective
implementation of this Act and coordination among the The JJWC shall be composed of representatives, whose ranks
following agencies: shall not be lower than director, to be designated by the
concerned heads of the following departments or agencies:
(a) Council for the Welfare of Children (CWC);
(a) Department of Justice (DOJ);
(b) Department of Education (DepEd);
(b) Department of Social Welfare and Development
(c) Department of the Interior and Local Government (DSWD);
(DILG);
(c) Council for the Welfare of Children (CWC)
(d) Public Attorney's Office (PAO);
(d) Department of Education (DepEd);
(e) Bureau of Corrections (BUCOR);
(e) Department of the Interior and Local Government
(f) Parole and Probation Administration (PPA) (DILG)

(g) National Bureau of Investigation (NBI); (f) Commission on Human Rights (CHR);

(h) Philippine National Police (PNP);. (g) National Youth Commission (NYC); and

(i) Bureau of Jail Management and Penology (BJMP); (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 government agencies and other activities which may
Development. have an important bearing on the success of the entire
national juvenile intervention program. All programs
The JJWC shall convene within fifteen (15) days from the relating to juvenile justice and welfare shall be adopted
effectivity of this Act. The Secretary of Justice and the in consultation with the JJWC;
Secretary of Social Welfare and Development shall determine
the organizational structure and staffing pattern of the JJWC. (f) To formulate and recommend policies and strategies
in consultation with children for the prevention of
The JJWC shall coordinate with the Office of the Court juvenile delinquency and the administration of justice,
Administrator and the Philippine Judicial Academy to ensure as well as for the treatment and rehabilitation of the
the realization of its mandate and the proper discharge of its children in conflict with the law;
duties and functions, as herein provided.
(g) To collect relevant information and conduct
SEC. 9. Duties and Functions of the JJWC. - The JJWC continuing research and support evaluations and
shall have the following duties and functions: studies on all matters relating to juvenile justice and
welfare, such as but not limited to:
(a) To oversee the implementation of this Act;
(1) the performance and results achieved by
(b) To advise the President on all matters and policies juvenile intervention programs and by activities
relating to juvenile justice and welfare; of the local government units and other
government agencies;
(c) To assist the concerned agencies in the review and
redrafting of existing policies/regulations or in the (2) the periodic trends, problems and causes of
formulation of new ones in line with the provisions of juvenile delinquency and crimes; and
this Act;
(3) the particular needs of children in conflict
(d) To periodically develop a comprehensive 3 to 5- with the law in custody.
year national juvenile intervention program, with the
participation of government agencies concerned, The data gathered shall be used by the JJWC in the
NGOs and youth organizations; improvement of the administration of juvenile justice
and welfare system.
(e) To coordinate the implementation of the juvenile
intervention programs and activities by national
 The JJWC shall set up a mechanism to ensure that SEC. 11. Child Rights Center (CRC). - The existing Child
children are involved in research and policy Rights Center of the Commission on Human Rights shall
development. ensure that the status, rights and interests of children are
upheld in accordance with the Constitution and international
(h) Through duly designated persons and with the instruments on human rights. The CHR shall strengthen the
assistance of the agencies provided in the preceding monitoring of government compliance of all treaty obligations,
section, to conduct regular inspections in detention and including the timely and regular submission of reports before
rehabilitation facilities and to undertake spot the treaty bodies, as well as the implementation and
inspections on their own initiative in order to check dissemination of recommendations and conclusions by
compliance with the standards provided herein and to government agencies as well as NGOs and civil society.
make the necessary recommendations to appropriate
agencies;
TITLE III
(i) To initiate and coordinate the conduct of trainings for PREVENTION OF JUVENILE DELINQUENCY
the personnel of the agencies involved in the
administration of the juvenile justice and welfare CHAPTER 1
system and the juvenile intervention program; THE ROLE OF THE DIFFERENT SECTORS

(j) To submit an annual report to the President on the SEC. 12. The Family. - The family shall be responsible for the
implementation of this Act; and primary nurturing and rearing of children which is critical in
delinquency prevention. As far as practicable and in
(k) To perform such other functions as may be accordance with the procedures of this Act, a child in conflict
necessary to implement the provisions of this Act. with the law shall be maintained in his/her family.

SEC. 10. Policies and Procedures on Juvenile Justice and SEC. 13. The Educational System. - Educational institutions
Welfare. - All government agencies enumerated in Section 8 shall work together with families, community organizations and
shall, with the assistance of the JJWC and within one (1) year agencies in the prevention of juvenile delinquency and in the
from the effectivity of this Act, draft policies and procedures rehabilitation and reintegration of child in conflict with the law.
consistent with the standards set in the law. These policies Schools shall provide adequate, necessary and individualized
and procedures shall be modified accordingly in consultation educational schemes for children manifesting difficult behavior
with the JJWC upon the completion of the national juvenile and children in conflict with the law. In cases where children in
intervention program as provided under Section 9 (d). 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 One percent (1%) of the internal revenue allotment of
basic literacy program or non- formal education accreditation barangays, municipalities and cities shall be allocated for the
equivalency system. strengthening and implementation of the programs of the
LCPC: Provided, That the disbursement of the fund shall be
SEC. 14. The Role of the Mass Media. - The mass media made by the LGU concerned.
shall play an active role in the promotion of child rights, and
delinquency prevention by relaying consistent messages SEC. 16. Appointment of Local Social Welfare and
through a balanced approach. Media practitioners shall, Development Officer. - All LGUs shall appoint a duly licensed
therefore, have the duty to maintain the highest critical and social worker as its local social welfare and development
professional standards in reporting and covering cases of officer tasked to assist children in conflict with the law.
children in conflict with the law. In all publicity concerning
children, the best interest of the child should be the primordial SEC. 17. The Sangguniang Kabataan. - The Sangguniang
and paramount concern. Any undue, inappropriate and Kabataan (SK) shall coordinate with the LCPC in the
sensationalized publicity of any case involving a child in formulation and implementation of juvenile intervention and
conflict with the law is hereby declared a violation of the child's diversion programs in the community.
rights.
CHAPTER 2
SEC. 15. Establishment and Strengthening of Local COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
Councils for the Protection of Children. - Local Councils for
the Protection of Children (LCPC) shall be established in all SEC. 18. Development of a Comprehensive Juvenile
levels of local government, and where they have already been Intervention Program. - A Comprehensive juvenile
established, they shall be strengthened within one (1) year intervention program covering at least a 3-year period shall be
from the effectivity of this Act. Membership in the LCPC shall instituted in LGUs from the barangay to the provincial level.
be chosen from among the responsible members of the
community, including a representative from the youth sector, The LGUs shall set aside an amount necessary to implement
as well as representatives from government and private their respective juvenile intervention programs in their annual
agencies concerned with the welfare of children. budget.

The local council shall serve as the primary agency to The LGUs, in coordination with the LCPC, shall call on all
coordinate with and assist the LGU concerned for the adoption sectors concerned, particularly the child-focused institutions,
of a comprehensive plan on delinquency prevention, and to NGOs, people's organizations, educational institutions and
oversee its proper implementation. government agencies involved in delinquency prevention to
participate in the planning process and implementation of
juvenile intervention programs. Such programs shall be TITLE IV
implemented consistent with the national program formulated TREATMENT OF CHILDREN BELOW THE AGE OF
and designed by the JJWC. The implementation of the CRIMINAL RESPONSIBILITY
comprehensive juvenile intervention program shall be
reviewed and assessed annually by the LGUs in coordination SEC. 20. Children Below the Age of Criminal
with the LCPC. Results of the assessment shall be submitted Responsibility. - If it has been determined that the child taken
by the provincial and city governments to the JJWC not later into custody is fifteen (15) years old or below, the authority
than March 30 of every year. which will have an initial contact with the child has the duty to
immediately release the child to the custody of his/her parents
SEC. 19. Community-based Programs on Juvenile Justice or guardian, or in the absence thereof, the child's nearest
and Welfare. - Community-based programs on juvenile justice relative. Said authority shall give notice to the local social
and welfare shall be instituted by the LGUs through the LCPC, welfare and development officer who will determine the
school, youth organizations and other concerned agencies. appropriate programs in consultation with the child and to the
The LGUs shall provide community-based services which person having custody over the child. If the parents, guardians
respond to the special needs, problems, interests and or nearest relatives cannot be located, or if they refuse to take
concerns of children and which offer appropriate counseling custody, the child may be released to any of the following: a
and guidance to them and their families. These programs shall duly registered nongovernmental or religious organization; a
consist of three levels: barangay official or a member of the Barangay Council for the
Protection of Children (BCPC); a local social welfare and
(a) Primary intervention includes general measures to development officer; or when and where appropriate, the
promote social justice and equal opportunity, which DSWD. If the child referred to herein has been found by the
tackle perceived root causes of offending; Local Social Welfare and Development Office to be
abandoned, neglected or abused by his parents, or in the
(b) Secondary intervention includes measures to assist event that the parents will not comply with the prevention
children at risk; and program, the proper petition for involuntary commitment shall
be filed by the DSWD or the Local Social Welfare and
(c) Tertiary intervention includes measures to avoid Development Office pursuant to Presidential Decree No. 603,
unnecessary contact with the formal justice system and otherwise ,known as "The Child and Youth Welfare Code".
other measures to prevent re-offending.
 TITLE V (f) Refrain from subjecting the child in conflict with the
JUVENILE JUSTICE AND WELFARE SYSTEM law to greater restraint than is necessary for his/her
apprehension;
CHAPTER I
INITIAL CONTACT WITH THE CHILD (g) Avoid violence or unnecessary force;

SEC. 21. Procedure for Taking the Child into Custody. - (h) Determine the age of the child pursuant to Section
From the moment a child is taken into custody, the law 7 of this Act;
enforcement officer shall:
(i) Immediately but not later than eight (8) hours after
(a) Explain to the child in simple language and in a apprehension, turn over custody of the child to the
dialect that he/she can understand why he/she is being Social Welfare and Development Office or other
placed under custody and the offense that he/she accredited NGOs, and notify the child's apprehension.
allegedly committed; The social welfare and development officer shall
explain to the child and the child's parents/guardians
(b) Inform the child of the reason for such custody and the consequences of the child's act with a view towards
advise the child of his/her constitutional rights in a counseling and rehabilitation, diversion from the
language or dialect understood by him/her; criminal justice system, and reparation, if appropriate;

(e) Properly identify himself/herself and present proper (j) Take the child immediately to the proper medical
identification to the child; and health officer for a thorough physical and mental
examination. The examination results shall be kept
(d) Refrain from using vulgar or profane words and confidential unless otherwise ordered by the Family
from sexually harassing or abusing, or making sexual Court. Whenever the medical treatment is required,
advances on the child in conflict with the law; steps shall be immediately undertaken to provide the
same;
(e) Avoid displaying or using any firearm, weapon,
handcuffs or other instruments of force or restraint, (k) Ensure that should detention of the child in conflict
unless absolutely necessary and only after all other with the law be necessary, the child shall be secured in
methods of control have been exhausted and have quarters separate from that of the opposite sex and
failed; adult offenders;

(l) Record the following in the initial investigation:

 1. Whether handcuffs or other instruments of development officer. In the absence of the child's parents,
restraint were used, and if so, the reason for guardian, or nearest relative, and the local social welfare and
such; development officer, the investigation shall be conducted in
the presence of a representative of an NGO, religious group,
2. That the parents or guardian of a child, the or member of the BCPC.
DSWD, and the PA0 have been informed of the
apprehension and the details thereof; and After the initial investigation, the local social worker conducting
the same may do either of the following:
3. The exhaustion of measures to determine the
age of a child and the precise details of the (a) Proceed in accordance with Section 20 if the child
physical and medical examination or the failure is fifteen (15) years or below or above fifteen (15) but
to submit a child to such examination; and below eighteen (18) years old, who acted without
discernment; and
(m) Ensure that all statements signed by the child
during investigation shall be witnessed by the child's (b) If the child is above fifteen (15) years old but below
parents or guardian, social worker, or legal counsel in eighteen (18) and who acted with discernment,
attendance who shall affix his/her signature to the said proceed to diversion under the following chapter.
statement.
CHAPTER 2
A child in conflict with the law shall only be searched by a law DIVERSION
enforcement officer of the same gender and shall not be
locked up in a detention cell. SEC. 23. System of Diversion. - Children in conflict with the
law shall undergo diversion programs without undergoing court
SEC. 22. Duties During Initial Investigation. - The law proceedings subject to the conditions herein provided:
enforcement officer shall, in his/her investigation, determine
where the case involving the child in conflict with the law (a) Where the imposable penalty for the crime
should be referred. committee is not more than six (6) years imprisonment,
the law enforcement officer or Punong Barangay with
The taking of the statement of the child shall be conducted in the assistance of the local social welfare and
the presence of the following: (1) child's counsel of choice or in development officer or other members of the LCPC
the absence thereof, a lawyer from the Public Attorney's shall conduct mediation, family conferencing and
Office; (2) the child's parents, guardian, or nearest relative, as conciliation and, where appropriate, adopt indigenous
the case may be; and (3) the local social welfare and modes of conflict resolution in accordance with the best
 interest of the child with a view to accomplishing the when appropriate and desirable as determined under Section
objectives of restorative justice and the formulation of a 30. Such admission shall not be used against the child in any
diversion program. The child and his/her family shall be subsequent judicial, quasi-judicial or administrative
present in these activities. proceedings. The diversion program shall be effective and
binding if accepted by the parties concerned. The acceptance
(b) In victimless crimes where the imposable penalty is shall be in writing and signed by the parties concerned and the
not more than six (6) years imprisonment, the local appropriate authorities. The local social welfare and
social welfare and development officer shall meet with development officer shall supervise the implementation of the
the child and his/her parents or guardians for the diversion program. The diversion proceedings shall be
development of the appropriate diversion and completed within forty-five (45) days. The period of
rehabilitation program, in coordination with the BCPC; prescription of the offense shall be suspended until the
completion of the diversion proceedings but not to exceed
(c) Where the imposable penalty for the crime forty-five (45) days.
committed exceeds six (6) years imprisonment,
diversion measures may be resorted to only by the The child shall present himself/herself to the competent
court. authorities that imposed the diversion program at least once a
month for reporting and evaluation of the effectiveness of the
SEC. 24. Stages Where Diversion May be Conducted. - program.
Diversion may be conducted at the Katarungang
Pambarangay, the police investigation or the inquest or Failure to comply with the terms and conditions of the contract
preliminary investigation stage and at all 1evels and phases of of diversion, as certified by the local social welfare and
the proceedings including judicial level. development officer, shall give the offended party the option to
institute the appropriate legal action.
SEC. 25. Conferencing, Mediation and Conciliation. - A
child in conflict with law may undergo conferencing, mediation The period of prescription of the offense shall be suspended
or conciliation outside the criminal justice system or prior to his during the effectivity of the diversion program, but not
entry into said system. A contract of diversion may be entered exceeding a period of two (2) years.
into during such conferencing, mediation or conciliation
proceedings. SEC. 27. Duty of the Punong Barangay When There is No
Diversion. - If the offense does not fall under Section 23(a)
SEC. 26. Contract of Diversion. - If during the conferencing, and (b), or if the child, his/her parents or guardian does not
mediation or conciliation, the child voluntarily admits the consent to a diversion, the Punong Barangay handling the
commission of the act, a diversion program shall be developed case shall, within three (3) days from determination of the
absence of jurisdiction over the case or termination of the (d) The influence of the family and environment on the
diversion proceedings, as the case may be, forward the growth of the child;
records of the case of the child to the law enforcement officer,
prosecutor or the appropriate court, as the case may be. Upon (e) The reparation of injury to the victim;
the issuance of the corresponding document, certifying to the
fact that no agreement has been reached by the parties, the (f) The weight of the evidence against the child;
case shall be filed according to the regular process.
(g) The safety of the community; and
SEC. 28. Duty of the Law Enforcement Officer When There
is No Diversion. - If the offense does not fall under Section (h) The best interest of the child.
23(a) and (b), or if the child, his/her parents or guardian does
not consent to a diversion, the Women and Children Protection
SEC. 30. Formulation of the Diversion Program. - In
Desk of the PNP, or other law enforcement officer handling the
formulating a diversion program, the individual characteristics
case of the child under custody, to the prosecutor or judge and the peculiar circumstances of the child in conflict with the
concerned for the conduct of inquest and/or preliminary
law shall be used to formulate an individualized treatment.
investigation to determine whether or not the child should
remain under custody and correspondingly charged in court.
The following factors shall be considered in formulating a
The document transmitting said records shall display the word
diversion program for the child:
"CHILD" in bold letters.
(a) The child's feelings of remorse for the offense
SEC. 29. Factors in Determining Diversion Program. - In
he/she committed;
determining whether diversion is appropriate and desirable,
the following factors shall be taken into consideration:
(b) The parents' or legal guardians' ability to guide and
supervise the child;
(a) The nature and circumstances of the offense
charged;
(c) The victim's view about the propriety of the
measures to be imposed; and
(b) The frequency and the severity of the act;
(d) The availability of community-based programs for
(c) The circumstances of the child (e.g. age, maturity,
rehabilitation and reintegration of the child.
intelligence, etc.);
SEC. 31. Kinds of Diversion Programs. - The diversion (iv) other skills which will aid the child in
program shall include adequate socio-cultural and dealing with situations which can lead to
psychological responses and services for the child. At the repetition of the offense;
different stages where diversion may be resorted to, the
following diversion programs may be agreed upon, such as, (8) Participation in available community-based
but not limited to: programs, including community service; or

(a) At the level of the Punong Barangay: (9) Participation in education, vocation and life
skills programs.
(1) Restitution of property;
(b) At the level of the law enforcement officer and the
(2) Reparation of the damage caused; prosecutor:

(3) Indemnification for consequential damages; (1) Diversion programs specified under
paragraphs (a)(1) to (a)(9) herein; and
(4) Written or oral apology;
(2) Confiscation and forfeiture of the proceeds
(5) Care, guidance and supervision orders; or instruments of the crime;

(6) Counseling for the child in conflict with the (c) At the level of the appropriate court:
law and the child's family;
(1) Diversion programs specified under
(7)Attendance in trainings, seminars and paragraphs(a)and (b) above;
lectures on:
(2) Written or oral reprimand or citation;
(i) anger management skills;
(3) Fine:
(ii) problem solving and/or conflict
resolution skills; (4) Payment of the cost of the proceedings; or

(iii) values formation; and (5) Institutional care and custody.

 CHAPTER 3 CHAPTER 4
PROSECUTION COURT PROCEEDINGS

SEC. 32. Duty of the Prosecutor's Office. - There shall be a SEC. 34. Bail. - For purposes of recommending the amount of
specially trained prosecutor to conduct inquest, preliminary bail, the privileged mitigating circumstance of minority shall be
investigation and prosecution of cases involving a child in considered.
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 SEC. 35. Release on Recognizance. - Where a child is
detention, it shall be the duty of the prosecutor to investigate detained, the court shall order:
the same.
(a) the release of the minor on recognizance to his/her
SEC. 33. Preliminary Investigation and Filing of parents and other suitable person;
Information. - The prosecutor shall conduct a preliminary
investigation in the following instances: (a) when the child in (b) the release of the child in conflict with the law on
conflict with the law does not qualify for diversion: (b) when the bail; or
child, his/her parents or guardian does not agree to diversion
as specified in Sections 27 and 28; and (c) when considering (c) the transfer of the minor to a youth detention
the assessment and recommendation of the social worker, the home/youth rehabilitation center.
prosecutor determines that diversion is not appropriate for the
child in conflict with the law. The court shall not order the detention of a child in a jail
pending trial or hearing of his/her case.
Upon serving the subpoena and the affidavit of complaint, the
prosecutor shall notify the Public Attorney's Office of such
SEC. 36. Detention of the Child Pending Trial. - Children
service, as well as the personal information, and place of
detained pending trial may be released on bail or
detention of the child in conflict with the law. recognizance as provided for under Sections 34 and 35 under
this Act. In all other cases and whenever possible, detention
Upon determination of probable cause by the prosecutor, the pending trial may be replaced by alternative measures, such
information against the child shall be filed before the Family as close supervision, intensive care or placement with a family
Court within forty-five (45) days from the start of the or in an educational setting or home. Institutionalization or
preliminary investigation. 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 Upon suspension of sentence and after considering the
detained in youth detention homes established by local various chcumstances of the child, the court shall impose the
governments, pursuant to Section 8 of the Family Courts Act, appropriate disposition measures as provided in the Supreme
in the city or municipality where the child resides. Court Rule on Juveniles in Conflict with the Law.

In the absence of a youth detention home, the child in conflict SEC. 39. Discharge of the Child in Conflict with the Law. -
with the law may be committed to the care of the DSWD or a Upon the recommendation of the social worker who has
local rehabilitation center recognized by the government in the custody of the child, the court shall dismiss the case against
province, city or municipality within the jurisdiction of the court. the child whose sentence has been suspended and against
The center or agency concerned shall be responsible for the whom disposition measures have been issued, and shall order
child's appearance in court whenever required. the final discharge of the child if it finds that the objective of the
disposition measures have been fulfilled.
SEC. 37. Diversion Measures. - Where the maximum penalty
imposed by law for the offense with which the child in conflict The discharge of the child in conflict with the law shall not
with the law is charged is imprisonment of not more than affect the civil liability resulting from the commission of the
twelve (12) years, regardless of the fine or fine alone offense, which shall be enforced in accordance with law.
regardless of the amount, and before arraignment of the child
in conflict with the law, the court shall determine whether or SEC. 40. Return of the Child in Conflict with the Law to
not diversion is appropriate. Court. - If the court finds that the objective of the disposition
measures imposed upon the child in conflict with the law have
SEC. 38. Automatic Suspension of Sentence. - Once the not been fulfilled, or if the child in conflict with the law has
child who is under eighteen (18) years of age at the time of the willfully failed to comply with the conditions of his/her
commission of the offense is found guilty of the offense disposition or rehabilitation program, the child in conflict with
charged, the court shall determine and ascertain any civil the law shall be brought before the court for execution of
liability which may have resulted from the offense committed. judgment.
However, instead of pronouncing the judgment of conviction,
the court shall place the child in conflict with the law under If said child in conflict with the law has reached eighteen (18)
suspended sentence, without need of years of age while under suspended sentence, the court shall
application: Provided, however, That suspension of sentence determine whether to discharge the child in accordance with
shall still be applied even if the juvenile is already eighteen this Act, to order execution of sentence, or to extend the
years (18) of age or more at the time of the pronouncement of suspended sentence for a certain specified period or until the
his/her guilt. child reaches the maximum age of twenty-one (21) years.
SEC. 41. Credit in Service of Sentence. - The child in conflict law and adopting a system of coding to conceal material
with the law shall be credited in the services of his/her information which will lead to the child's identity. Records of a
sentence with the full time spent in actual commitment and child in conflict with the law shall not be used in subsequent
detention under this Act. proceedings for cases involving the same offender as an adult,
except when beneficial for the offender and upon his/her
SEC. 42. Probation as an Alternative to Imprisonment. - written consent.
The court may, after it shall have convicted and sentenced a
child in conflict with the law, and upon application at any time, A person who has been in conflict with the law as a child shall
place the child on probation in lieu of service of his/her not be held under any provision of law, to be guilty of perjury
sentence taking into account the best interest of the child. For or of concealment or misrepresentation by reason of his/her
this purpose, Section 4 of Presidential Decree No. 968, failure to acknowledge the case or recite any fact related
otherwise known as the "Probation Law of 1976", is hereby thereto in response to any inquiry made to him/her for any
amended accordingly. purpose.

CHAPTER 5 TITLE VI
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS REHABILITATION AND REINTEGRATION

SEC. 43. Confedentiality of Records and Proceedings. - All SEC. 44. Objective of Rehabilitation and Reintegration. -
records and proceedings involving children in conflict with the The objective of rehabilitation and reintegration of children in
law from initial contact until final disposition of the case shall conflict with the law is to provide them with interventions,
be considered privileged and confidential. The public shall be approaches and strategies that will enable them to improve
excluded during the proceedings and the records shall not be their social functioning with the end goal of reintegration to
disclosed directly or indirectly to anyone by any of the parties their families and as productive members of their communities.
or the participants in the proceedings for any purpose
whatsoever, except to determine if the child in conflict with the SEC. 45. Court Order Required. - No child shall be received
law may have his/hes sentence suspended or if he/she may in any rehabilitation or training facility without a valid order
be granted probation under the Probation Law, or to enforce issued by the court after a hearing for the purpose. The details
the civil liability imposed in the criminal action. of this order shall be immediately entered in a register
exclusively for children in conflict with the law. No child shall
The component authorities shall undertake all measures to be admitted in any facility where there is no such register.
protect this confidentiality of proceedings, including non-
disclosure of records to the media, maintaining a separate SEC. 46, Separate Facilities from Adults. - In all
police blotter for cases involving children in conflict with the rehabilitation or training facilities, it shall be mandatory that
children shall be separated from adults unless they are persons liable to support him/her cannot pay all or part of said
members of the same family. Under no other circumstance expenses, the municipality where the offense was committed
shall a child in conflict with the law be placed in the same shall pay one-third (1/3) of said expenses or part thereof; the
confinement as adults. province to which the municipality belongs shall pay one-third
(1/3) and the remaining one-third (1/3) shall be borne by the
The rehabilitation, training or confinement area of children in national government. Chartered cities shall pay two-thirds (2/3)
conflict with the law shall provide a home environment where of said expenses; and in case a chartered city cannot pay said
children in conflict with the law can be provided with quality expenses, part of the internal revenue allotments applicable to
counseling and treatment. the unpaid portion shall be withheld and applied to the
settlement of said obligations: Provided, further, That in the
SEC. 47. Female Children. - Female children in conflict with event that the child in conflict with the law is not a resident of
the law placed in an institution shall be given special attention the municipality/city where the offense was committed, the
as to their personal needs and problems. They shall be court, upon its determination, may require the city/municipality
handled by female doctors, correction officers and social where the child in conflict with the law resides to shoulder the
workers, and shall be accommodated separately from male cost.
children in conflict with the law.
All city and provincial governments must exert effort for the
SEC. 48. Gender-Sensitivity Training. - No personnel of immediate establishment of local detention homes for children
rehabilitation and training facilities shall handle children in in conflict with the law.
conflict with the law without having undergone gender
sensitivity training. SEC. 51. Confinement of Convicted Children in
Agricultural Camps and other Training Facilities. - A child
SEC. 49. Establishment of Youth Detention Homes. - The
LGUs shall set aside an amount to build youth detention in conflict with the law may, after conviction and upon order of
homes as mandated by the Family Courts Act. Youth detention the court, be made to serve his/her sentence, in lieu of
homes may also be established by private and NGOs licensed confinement in a regular penal institution, in an agricultural
and accredited by the DSWD, in consultation with the JJWC. camp and other training facilities that may be established,
maintained, supervised and controlled by the BUCOR, in
SEC. 50. Care and Maintenance of the Child in Conflict coordination with the DSWD.
with the Law. - The expenses for the care and maintenance
of a child in conflict with the law under institutional care shall SEC. 52. Rehabilitation of Children in Conflict with the
be borne by his/her parents or those persons liable to support Law. - Children in conflict with the law, whose sentences are
him/her: Provided, That in case his/her parents or those suspended may, upon order of the court, undergo any or a
combination of disposition measures best suited to the In accordance therewith, the family of the child in conflict with
rehabilitation and welfare of the child as provided in the the law shall endeavor to actively participate in the community-
Supreme Court Rule on Juveniles in Conflict with the Law. based rehabilitation.

If the community-based rehabilitation is availed of by a child in Based on the progress of the youth in the community, a final
conflict with the law, he/she shall be released to parents, report will be forwarded by the local social welfare and
guardians, relatives or any other responsible person in the development officer to the court for final disposition of the
community. Under the supervision and guidance of the local case.
social welfare and development officer, and in coordination
with his/her parents/guardian, the child in conflict with the law If the community-based programs are provided as diversion
shall participate in community-based programs, which shall measures under Chapter II, Title V, the programs enumerated
include, but not limited to: above shall be made available to the child in conflict with the
law.
(1) Competency and life skills development;
SEC. 53. Youth Rehabilitation Center. - The youth
(2) Socio-cultural and recreational activities; rehabilitation center shall provide 24-hour group care,
treatment and rehabilitation services under the guidance of a
(3) Community volunteer projects; trained staff where residents are cared for under a structured
therapeutic environment with the end view of reintegrating
(4) Leadership training; them in their families and communities as socially functioning
individuals. A quarterly report shall be submitted by the center
(5) Social services; 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
(6) Homelife services;
of the case. The DSWD shall establish youth rehabilitation
centers in each region of the country.
(7) Health services; .
SEC. 54. Objectives of Community Based Programs. - The
(8) Spiritual enrichment; and
objectives of community-based programs are as follows:
(9) Community and family welfare services.
(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 other community-based services designed to facilitate social
learning institutions; reintegration, prevent re-offending and make the children
productive members of the community.
(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 TITLE VII
create greater awareness of their mutual and reciprocal GENERAL PROVISIONS
responsibilities;
CHAPTER 1
(c) Facilitate the rehabilitation and mainstreaming of EXEMPTING PROVISIONS
the child in conflict with the law and encourage
community support and involvement; and SEC. 57. Status Offenees. - Any conduct not considered an
offense or not penalized if committed by an adult shall not be
(d) Minimize the stigma that attaches to the child in considered an offense and shall not be punished if committed
conflict with the law by preventing jail detention. by a child.

SEC. 55. Criteria of Community-Based Programs. - Every SEC. 58. Offenses Not Applicable to Children. - Persons
LGU shall establish community-based programs that will focus below eighteen (18) years of age shall be exempt from
on the rehabilitation and reintegration of the child. All programs prosecution for the crime of vagrancy and prostitution under
shall meet the criteria to be established by the JJWC which Section 202 of the Revised Penal Code, of mendicancy under
shall take into account the purpose of the program, the need Presidential Decree No. 1563, and sniffing of rugby under
for the consent of the child and his/her parents or legal Presidential Decree No. 1619, such prosecution being
guardians, and the participation of the child-centered agencies inconsistent with the United Nations Convention on the Rights
whether public or private. of the Child: Provided, That said persons shall undergo
appropriate counseling and treatment program.
SEC. 56. After-Care Support Services for Children in
Conflict with the Law. - Children in conflict with the law SEC. 59. Exemption from the Application of Death
whose cases have been dismissed by the proper court Penalty. - The provisions of the Revised Penal Code, as
because of good behavior as per recommendation of the amended, Republic Act No. 9165, otherwise known as the
DSWD social worker and/or any accredited NGO youth Comprehensive Dangerous Drugs Act of 2002, and other
rehabilitation center shall be provided after-care services by special laws notwithstanding, no death penalty shall be
the local social welfare and development officer for a period of imposed upon children in conflict with the law.
at least six (6) months. The service includes counseling and
 CHAPTER 2 (d) Compelling the child to perform involuntary
PROHIBITED ACTS servitude in any and all forms under any and all
instances.
SEC. 60. Prohibition Against Labeling and Shaming. - In
the conduct of the proceedings beginning from the initial CHAPTER 3
contact with the child, the competent authorities must refrain PENAL PROVISION
from branding or labeling children as young criminals, juvenile
delinquents, prostitutes or attaching to them in any manner SEC. 62. Violation of the Provisions of this Act or Rules or
any other derogatory names. Likewise, no discriminatory Regulations in General. - Any person who violates any
remarks and practices shall be allowed particularly with provision of this Act or any rule or regulation promulgated in
respect to the child's class or ethnic origin. accordance thereof shall, upon conviction for each act or
omission, be punished by a fine of not less than Twenty
SEC. 61. Other Prohibited Acts. - The following and any thousand pesos (P20,000.00) but not more than Fifty thousand
other similar acts shall be considered prejudicial and pesos (P50,000.00) or suffer imprisonment of not less than
detrimental to the psychological, emotional, social, spiritual, eight (8) years but not more than ten (10) years, or both such
moral and physical health and well-being of the child in conflict fine and imprisonment at the discretion of the court, unless a
with the law and therefore, prohibited: higher penalty is provided for in the Revised Penal Code or
special laws. If the offender is a public officer or employee,
(a) Employment of threats of whatever kind and nature; he/she shall, in addition to such fine and/or imprisonment, be
held administratively liable and shall suffer the penalty of
(b) Employment of abusive, coercive and punitive perpetual absolute disqualification.
measures such as cursing, beating, stripping, and
solitary confinement; CHAPTER 4
APPROPRIATION PROVISION
(c) Employment of degrading, inhuman end cruel forms
of punishment such as shaving the heads, pouring SEC. 63. Appropriations. - The amount necessary to carry
irritating, corrosive or harmful substances over the out the initial implementation of this Act shall be charged to the
body of the child in conflict with the law, or forcing Office of the President. Thereafter, such sums as may be
him/her to walk around the community wearing signs necessary for the continued implementation of this Act shall be
which embarrass, humiliate, and degrade his/her included in the succeeding General Appropriations Act.
personality and dignity; and
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. ninety (90) days from the effectivity of this Act, an inventory of
all children in conflict with the law under their custody.

TITLE VIII SEC. 67. Children Who Reach the Age of Eighteen (18)
TRANSITORY PROVISIONS 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
SEC. 64. Children in Conflict with the Law Fifteen (15) consultation with the local social welfare and development
Years Old and Below. - Upon effectivity of this Act, cases of officer or the Family Court in consultation with the Social
children fifteen (15) years old and below at the time of the Services and Counseling Division (SSCD) of the Supreme
commission of the crime shall immediately be dismissed and Court, as the case may be, shall determine the appropriate
the child shall be referred to the appropriate local social disposition. In case the appropriate court executes the
welfare and development officer. Such officer, upon thorough judgment of conviction, and unless the child in conflict the law
assessment of the child, shall determine whether to release has already availed of probation under Presidential Decree
the child to the custody of his/her parents, or refer the child to No. 603 or other similar laws, the child may apply for probation
prevention programs as provided under this Act. Those with if qualified under the provisions of the Probation Law.
suspended sentences and undergoing rehabilitation at the
youth rehabilitation center shall likewise be released, unless it SEC. 68. Children Who Have Been Convicted and are
is contrary to the best interest of the child. Serving Sentence. - Persons who have been convicted and
are serving sentence at the time of the effectivity of this Act,
SEC. 65. Children Detained Pending Dial. - If the child is and who were below the age of eighteen (18) years at the time
detained pending trial, the Family Court shall also determine the commission of the offense for which they were convicted
whether or not continued detention is necessary and, if not, and are serving sentence, shall likewise benefit from the
determine appropriate alternatives for detention. retroactive application of this Act. They shall be entitled to
appropriate dispositions provided under this Act and their
If detention is necessary and he/she is detained with adults, sentences shall be adjusted accordingly. They shall be
the court shall immediately order the transfer of the child to a immediately released if they are so qualified under this Act or
youth detention home. other applicable law.

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
 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.