Pre-week lecture on Special Penal Laws

By: Atty. Dela Cruz

Rehabilitation center- now known as Bahay Pag-asa

Intervention program- child above 15 below 18 shall undergo this program, unless the child has acted
with discernment.

Child- abandoned/neglected by parents, proper petition for involuntary petition

Diversion program of children under 18 who acted with discernment- court will determine any civil
liability. Instead of pronouncing judgment of conviction, child will be placed under in conflict of the law.
No need to file application.

PD 603 compared to RA 9344- with respect to min age of crim responsibility- child under 15 y.o exempt
from crim liability whether or not acted with discernment.

9 but below 15- youthful offender committed the act, court will not pronounce judgment of conviction,
best interest of public and that of offender will be served. Commit the minor to dswd or any training
institution of the govt until he will reach 21.

Child above 15 but below 18 who acted with discernment-

Suspension of senctence is automatic under RA 9344

Bail and release on recognizance

Diversion measures- imprisonment not more than 12 years, regardless of fine, before arraignment,
court will determine whether or not diversion is appropriate.

Upon recommendation of social worker, court will dismiss the child who has been suspended and order
final discharge of the child in conflict of the law

Discharge of the child in conflict of the law does not discharge the civil liability.

Child in conflict of the law does not comply with the conditions of the rehab program, child will be
brought to court re: final execution of judgment.

Child reaching age of 18 until suspended. Suspension till 21 years only.

Credit in service of sentence- full time spent

Probation as alternative to imprisonment- take into account best interest of the child

Application for probation at anytime.

Rehab and reintegration