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Section 7

Amended section 31 of RA 9344 Kinds of diversion programs

o Shall include adequate socio-culture and psychological responses and services forthe child

o Different stages where diversion maybe resorted to At the level of the punong barangay Restitution of property Reparation of the damage caused Indemnification for consequential damage Written or oral apology Care, guidance, and supervision orders Counseling for the child in conflict with the law or a youthful offender and

the childs family

Section 8

Amended sections 32 and 33 of R.A 9344 Duty of the prosecutors office (Section 32)

o There shall be specially trained prosecutor to conduct inquest, preliminaryinvestigation and prosecution of cases involving a child in conflict with the law or

youthful offender

o It shall be the duty of the prosecutor to investigate any allegation of torture or ill-treatment of a child in conflict with the law or a youthful offender during arrest or

detention.

oIt shall be the duty of the prosecutor to investigate the same\

Amendment : ADDED or a youthful offendero Preliminary investigation (Section 33)

o Instances where the prosecutor shall conduct a preliminary investigation When the child in conflict with the law or a youthful offender does not

qualify for diversion

When the child, the childs guardian (does) do no agree to diversion asspecified in sections 27 and 29

When considering the assessment and recommendation of the socialworker, the prosecutor determines that diversion is not appropriate for the

child in conflict with the law or youthful offender

Where information of against the child shall be filed

o Family court or the regional trial court when there is no designated family court within 45days from the start of the preliminary investigation.

o NOTE: The information must allege that the child acted with discernmentSection 9

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Sections amended: 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 of rep. act. No. 9344

Release and recognizance (section 35)

o The release of the minor on the recognizance to his/her parents and suitable personso The release of the child in conflict with the law or a youthful offender on bailo The transfer of the minor to a youth detention home/youth rehabilitation center

Detention of the child pending trial (section 36)

o Pending trialo A child may be released on bail or recognizance as provided for in sections 34-35

o Other caseso In the discretion of the court, taking into consideration public security measure,

such as:

Supervision Intensive care or placement with a family Or in an education setting or home Institutionalization or detention of the child pending trial shall be used only

as a measure of last resort and for the shorted possible period of time

o When detention is necessaryo A child will always be detained in youth detention homes established by local

governments

Pursuant to section 8 of the family courts act In the city or municipality where the child resides Or where such youth detention centers are not available, in separate section

of the provincial, city, or municipal exclusively designed for youthful

offenders

o Absence of youth detention home or bahay pag-asa as defined in this acto The child in conflict with the law or youthful offender may committed

To the care of the DSWD Local rehabilitation center recognized by:

The government in the province, city, or municipality within thejurisdiction of the court

The center or agency concerned shall be responsible for the childsappearance in court whenever required

Diversion Measures (Section 37)

o The court shall determine whether or diversion is appropriateo Condtions

Where the maximum imposed by law for the offense with which the child isin conflict with the law or a youthful offender is charged is imprisonment of

not more than twelve years, regardless of the fine, or fine alone regardless of

the amount

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Before arraignment of the child in conflict with the law or a youthfuloffender

Automatic suspension of sentence (Section 38)

o Under fifteen years of age at the time of the commission of the offense is found guilth of theoffense charged

o The court shall determine and ascertain any civil liability which may have resulted from theoffense committed.

o Instead of pronouncing the judgment of conviction, the court shall place the child inconflict with the law or a youthful offender under suspended sentence, without need

of application

The suspension of the sentence shall be applied even if the juvenile is fifteenyears of age or more the time of the pronouncement of his/her guilt

Discharge of the child in conflict with the law or youthful offender (Section 39)

o Upon recommendation of the social worker who has custody of the childo The court shall dismiss the case against the child whose sentence has been

suspended and against whom disposition measure have been issued

o And shall order the final discharge of the child if it find that the objective of thedisposition measures have been fulfilled.

o The discharge of the child in conflict with the law or a youthful offender shall notaffect the civil liability resulting from the commissions of the offense, which shall be

enforced in accordance with the law.

Return of the child in conflict with the law (CICWTL) or youthful offender to court (YO)

(Section 40)

o If the court finds that the object of the disposition measures imposed upon the child inconflict with the law or a youthful offender have not been fulfilled or the CICWTL or a YO

has willfully failed to comply with the conditions of his/her disposition

o The CICTWL or YO shall be brought before the court for execution of judgmento If the CICTWL or YO has reached 18 years of age while under suspended sentence

The court shall determine whether to discharge the child in accordance withthis act

To order the execution of sentence Or to extend the suspended sentence for a certain specified period until the

child reaches the maximum age of 21 year

SECTIOn 41

Credit in service of sentecnce

1) The CICWTL or a YO shall be credited in the service of his/her the sentence with the fulltime spent in actual commitment and detention under this act

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Probation as an alternative to imprisonment (Section 42)

o The court may, after is have convicted and sentenced a CICWL or YO, and uponapplication at any time, place the child on probation in lieu of service of the sentence

taking into account the interest of the child.

oSection 4 of pd n. 968 is amended

Confidentiality of records and proceedings(section 43)

o All records and proceeding involving CICWTL and YO from initial contact until the finaldisposition of the case shall be considered privellege and confidential.

o The public shall be excluded during the proceedings and the records shall not be discloseddirectly or indirectly to anyone by any of the parties or the particiapnts in the proceedings

for any purpose whatsoever, except

o When necessary to determine if the sentence meted to the CICWTL or YO may besuspended

oIf the child may be granted probabtion under the probation law

o Or to enforce, in line with the enforcement of the civil liability imposed on thecriminal action

o The competent authorities shall undertake all measures to protect this confidentiality ofproceedings, including:

o The nondisclosure of records to the mediao Maintaining a separate police blotter for cases involving CICWTL or YOSo And adopting a system of coding to conceal material information which will lead to

the childs identity

o Record s of CIRWTL or YO shall not be used in subsequent proceedings forcases involving the same offender as an adult.

Except when beneficial for the offender and upon his/her writtenconsent

A person who has been in conflict with the law as a child or has been a youthful offender,shall not be held under provision of law, to be guilty of perjury or of concealment or

misrepresentation by reason of his/her failure to acknowledge the case or recite any fact

related thereto in response to any inquiry made to him/her for any purpose

Objective of rehabilitation and registration

The objective of rehabilitation and reintegration of CICWTL or YOs is :o To provide them with interventions, approaches and strategies that will enable

them to improve their social functioning with the end goal of reintegration to their

families and as productive members of their communities.

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