REFERENCE AND RESEARCH BUREAU LEGISLATIVE RESEARCH SERVICE

SUSPENSION OF SERVICE OF SENTENCE OF MINORS ACCUSED/CHARGED OF A CRIME PENALIZED UNDER THE REVISED PENAL CODE AND SPECIAL LAWS OR IMPLICATED IN A DRUG RELATED CRIME
I. The Child and Youth Welfare Code 1 , Chapter III, expressly repealed and modified, Art. 80 of the Revised Penal Code regarding Suspension of Sentence of Minor Accused/Charged of a Crime Penalized Under the Revised Penal Code and Special Laws 1. Provision of Law 1.1 Art. 189. Youthful Offender, Defined. A youthful offender is a child, minor or youth, including one who is emancipated in accordance with law, who is over nine years but under eighteen years of age at the time of the commission of the offense. A child nine years of age or under at the time of the commission of the offense shall be exempt from criminal liability and shall be committed to the care of his or her father or mother, or nearest relative or family friend in the discretion of the court and subject to its supervision. The same shall be done for a child over nine years and under fifteen years of age at the time of the commission of the offense, unless he acted with discernment, in which case he shall be proceeded against in accordance with Article 192. 1.2 Art. 190. Physical and Mental Examination. It shall be the duty of the law-enforcement agency concerned to take the youthful offender, after his apprehension, to any available government medical or health officer in the area for a physical or mental examination. Whenever treatment for any physical or mental defect is indicated, steps shall be immediately undertaken to provide the same.

P.D. No. 603, December 10, 1974; as amended by P.D. No. 1179, August 15, 1977 and P.D. No. 1210, October 11, 1978

The examination and treatment papers shall form part of the record of the case of the youthful offender. 1.3 Art. 191. Care of Youthful Offender Held for Examination or Trial. A youthful offender held for physical and mental examination or trial or pending appeal, if unable to furnish bail shall, from the time of his arrest, be committed to the care of the Department of Social Service and Development or the local rehabilitation center or a detention home in the province or city which shall be responsible for his appearance in court whenever required: Provided, That in the absence of any such center or agency within a reasonable distance from the venue of the trial, the provincial, city and municipal jail shall provide quarters for youthful offenders separate from other detainees. The court may, in its discretion upon recommendation of the Department of Social Services and Development or other agency or agencies authorized by the court, release a youthful offender on recognizance, to the custody of his parents or other suitable person who shall be responsible for his appearance whenever required. However, in the case of those whose cases fall under the exclusive jurisdiction of the Military Tribunals, they may be committed at any military detention or rehabilitation center. Art. 192. Suspension of Sentence and Commitment of Youthful Offender. If after hearing the evidence in the proper proceedings, the court should find that the youthful offender has committed the acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court, upon application of the youthful offender and if it finds that the best interest of the public as well as that of the offender will be served thereby, may suspend all further proceedings and commit such minor to the custody or care of the Department of Social Services and Development, or to any training institution operated by the government or any other responsible person until he shall have reach twenty-one years of age, or for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Services and Development or the government training institution or responsible person under whose care he has been committed. Upon receipt of the application of the youthful offender for suspension of his sentence, the court may require the Department of Social Services and Development to prepare and submit to the court a social case study report over the offender and his family.

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The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Services and Development or government training institution as the court may designate subject to such conditions as it may prescribe. The benefits of this article shall not apply to a youthful offender who has once enjoyed suspension of sentence under its provisions or to one who is convicted of an offense punishable by death or life imprisonment or to one who is convicted for an offense by the Military Tribunals. 1.5 Art. 193. Appeal. The order of the court denying an application for suspension of sentence under the provisions of Article 192 above shall not be appealable. Art. 194. Care and Maintenance of Youthful Offenders. The expenses for the care and maintenance of the youthful offender whose sentence has been suspended shall be borne by his parents or those persons liable to support him: Provided, That in case his parents or those persons liable to support him cannot pay all or part of said expenses, the municipality in which the offense was committed shall pay one-third of said expenses or part thereof; the province to which the municipality belongs shall pay one-third and the remaining one-third shall be borne by the National Government. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, part of the internal revenue allotments applicable to the unpaid portion shall be withheld and applied to the settlement of said indebtedness. All city and provincial governments must exert efforts for the immediate establishment of local detention homes for youthful offenders. 1.7 Art. 195. Report on Conduct of Child. The Department of Social Services and Development or government training institution or individual under whose care the youthful offender has been committed shall submit to the court every four months or oftener as may be required in special cases, a written report on the conduct of said youthful offender as well as the intellectual, physical, moral, social and emotional progress made by him.

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Art. 196. Dismissal of the Case. If it is shown to the satisfaction of the court that the youthful offender whose sentence has been suspended, has behaved properly and has shown his capability to be a useful member of the community, even before reaching the age of majority, upon recommendation of the Department of Social Services and Development, it shall dismiss the case and order his final release. Art. 197. Return of the Youthful Offender to Court. Whenever the youthful offender has been found incorrigible or has willfully failed to comply with the conditions of his rehabilitation programs, or should his continued stay in the training institution be inadvisable, he shall be returned to the committing court for the pronouncement of judgment. When the youthful offender has reached the age of twenty-one while in commitment, the court shall determine whether to dismiss the case in accordance with the next preceding article or to pronounce the judgment of conviction. In the latter case, the convicted offender may apply for probation under the provision of P.D. No. 968. In any case covered by this article, the youthful offender shall be credited in the service of his sentence with the full time spent in actual commitment and detention effected under the provisions of this chapter.

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1.10 Art. 198. Effect of Release of Child Based on Good Conduct. The final release of a child pursuant to the provisions of this chapter shall not obliterate his civil liability for damages. Such release shall be without prejudice to the right for a writ of execution for the recovery of civil damages. 1.11 Art. 199. Living Quarters for Youthful Offenders Sentence. When a judgment of conviction is pronounced in accordance with the provisions of Article 197, and at the time of said pronouncement the youthful offender is still under twenty-one, he shall be committed to the proper penal institution to serve the remaining period of his sentence: Provided, That penal institutions shall provide youthful offenders with separate quarters and, as far as practicable, group them according to appropriate age levels or other criteria as will insure their speedy rehabilitation: Provided, further, That the

Bureau of Prisons shall maintain agricultural and forestry camps where youthful offenders may serve their sentence in lieu of confinement in regular penitentiaries. 1.12 Art. 200. Records of Proceedings. Where a youthful offender has been charged before any city or provincial fiscal or before any municipal judge and the charges have been ordered dropped, all the records of the case shall be considered as privileged and may not be disclosed directly or indirectly to any one for any purpose whatsoever. Where a youthful offender has been charged and the court acquits him or dismisses the case or commits him to an institution and subsequently releases him pursuant to this chapter, all the records of his case shall also be considered as privileged and may not be disclosed directly or indirectly to anyone except to determine if a defendant may have his sentence suspended under Article 192 of this Decree or if he may be granted probation under the provisions of Presidential Decree Numbered Nine Hundred and Sixty-Eight or to enforce his civil liability, if said liability has been imposed in the criminal action. The youthful offender concerned shall not be held under any provision of law to be guilty of perjury or of concealment or misrepresentation by reason of his failure to acknowledge the case or recite any fact related thereto in response to any inquiry made to him for any purpose. Records within the meaning of this article shall include those which may be in the files of the National Bureau of Investigation and with any police department or any other government agency which may have been involved in the case. (As amended by PD 1179). 1.13 Art. 201. Civil Liability of Youthful Offenders. The civil liability for acts committed by a youthful offender shall devolve upon the offenders father and, in case of his death or incapacity, upon the mother or in case of her death or incapacity, upon the guardian. Civil liability may also be voluntarily assumed by a relative or family friend of the youthful offender. Art. 202. Rehabilitation Centers. The Department of Social Welfare shall establish regional rehabilitation centers for youthful offenders. The local government and other non-governmental entities shall collaborate and contribute their support for the establishment and maintenance of these facilities.

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Art. 203. Detention Homes. The Department of Local Government and Community Development shall establish detention homes in cities and provinces distinct and separate from jails pending the disposition of cases of juvenile offenders. Art. 204. Liability of Parents or Guardian or any Person in the Commission of Delinquent Acts by Their Children or Wards. A person, whether the parent or guardian of the child or not, who knowingly or willfully (1) Aids, causes, abets or connives with the commission by a child of a delinquency, or Does any act producing, promoting, or contributing to a childs being or becoming a juvenile delinquent shall be punished by a fine not exceeding five hundred pesos or to imprisonment for a period not exceeding two years, or both such fine and imprisonment, at the discretion of the court.

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(2)

2. Supreme Court Decisions and Commentaries Regarding the Child and Youth Welfare Code 2.1 Concept of Youthful Offender2 A youthful offender is defined as one who is over nine years but less than eighteen years of age at the time of the commission of the offense. Correspondingly, if the offender is nine years or below, he is not considered a youthful offender and is therefore exempt from criminal liability. In this regard, the child who is nine years or under at the time of the commission of the offense shall be committed to the care and custody of his or her father or mother, or nearest relative or family friend in the discretion of the court and subject to its supervision. 2.2 Purpose and Objective of the Child and Youth Welfare Code3 The purpose and intention of the law is to avoid a situation where juvenile offenders would comingle with ordinary criminals in prison. So, instead of imposing a condemnatory sentence on them, they are confined in a beneficent institution for their care, correction and education. Also by providing that they be
2 3

Tabios, S.; Fundamentals of Law on Youthful Offenders, 134 SCRA 474. People vs. Casiguran, 94 SCRA 244; People vs. Estefa, 86 Phil. 104; Bactoso vs. Governor of Cebu, 48 Phil. 25)

considered not as common criminals, but as children needing help, encouragement and guidance in their normal development. 2.3 Privileges of Youthful Offenders4 2.3.1 Care of Youthful Offender Upon Apprehension Under the provisions of the Child and Youth Welfare Code, it shall be the duty of the law-enforcement agency concerned to take the youthful offender, immediately after his apprehension, to the proper medical or health officer for a thorough physical and mental examination. Whenever treatment for any physical or mental defect is indicated, steps shall be taken to provide the same. 2.3.2 Suspension of Sentence5 Under the Child and Welfare code, if after hearing the evidence in the proper proceedings, the court should find that the youthful offender has committed the acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court upon application of the youthful offender and if it finds that the best interest of the public as well as that of the offender will be served thereby, may suspend all further proceedings and commit such minor to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the government or any other responsible person until he shall have reached twenty-one years of age, or for a shorter period as the court may deem proper. 2.3.2.1 Suspension of sentence not automatic It therefore appears that under the law the suspension of sentence is not automatic if the offender falls under the category of youthful offender. In this regard, the youthful offender is given the option so that if he does not apply for a suspended sentence he is convicted and sentenced. This requirement of application for suspended sentence appears to recognize the
4 5

See note 2, p. 477. Ibid, pp. 477-479.

fact that a suspended sentence will not always be favorable to a youthful offender, as when a youthful offender expects to be meted a very light penalty on account of the attendant circumstances in the commission of the crime. The right of a youthful offender to apply for a suspended sentence is available only when at the time of trial or conviction he is still within the age limit of youthful offender, otherwise as held by the Supreme Court, the reason for the suspended sentence does not anymore apply as he would then no longer be a juvenile offender but already an adult.6 2.3.2.2 Sentence is not suspended The benefits of suspension of sentence shall not apply to a youthful offender who once enjoyed suspension of sentence, or one who is convicted of an offence punishable by death or life imprisonment. 2.3.3 Dismissal of the Case Upon Good Behavior7 Under the Child and Youth Welfare Code, if it is shown to the satisfaction of the court that the youthful offender whose sentence has been suspended, has behaved properly and has shown his capability to be a useful member of the community, even before reaching the age of majority, upon the recommendation of the DSWD, it shall dismiss the case and order his final discharge. The Supreme Court remarked that from the time that trial court issued the order of commitment, it is as if the past is temporarily set aside and the youthful offender is given a new lease in life, so that with proper help and guidance, he may yet prove himself to be a useful member of society. What solely becomes of material consequence to the trial court is what transpired during the period of the youthful offenders commitment. The antecedent matters like the seriousness of the offense committed, the degree of perversity demonstrated by the accused in the commission of the crime and the age of the accused at the time the offense was perpetrated, do not have any bearing at all in
6 7

People vs. Parcon, 110 SCRA 425. See note 2, pp. 479-480.

the determination of whether the case is to be dismissed or sentence is to be pronounced on the defendant.8 2.4 Civil Liability of Youthful Offenders9 The final release of a youthful offender shall not obliterate his liability for damage; as such release shall be without prejudice to the right for a writ of execution for the recovery of civil damages. For this purpose, the law also provides that the civil liability of youthful offender for acts committed shall devolve upon the offenders father and, in case of his death or incapacity, upon the mother, or in case of her death or incapacity upon the guardian. Civil liability may also be voluntarily assumed by a relative or family friend of the youthful offender. 2.5 Return of the Youthful Offender to the Court10 When the youthful offender has been found incorrigible or has willfully failed to comply with the conditions of his rehabilitation program, or should his continued stay in the training institution be inadvisable he shall be returned to the committing court for the pronouncement of judgment. In this regard, when a judgment of conviction is pronounced and at the time of said pronouncement the youthful offender is still under twenty-one, he shall be committed to the proper penal institution to serve the remaining period of his sentence, provided that the penal institution shall provide youthful offenders with separate quarters and as far as practicable, group them according to appropriate age levels or other criteria as will insure their speedy rehabilitation. When the youthful offender has reached the age of twentyone while in commitment, the court shall determine whether to dismiss the case, if the youthful offender has behaved properly and has shown his capability to be a useful member of the community or to pronounce the judgment of conviction, if the condition mentioned are not met. In the latter case, the convicted offender may apply for probation. In this case, the youthful offender shall be credited in the service of his sentence with the full time spent in actual commitment and detention.11

8 9 10 11

People vs. Garcia, 105 SCRA 6. See note 2, p. 480. Ibid., p. 481. See note 8.

II.

Suspension of Sentence of Minors Implicated in a Drug Related Crime, Governed by the Comprehensive Dangerous Drugs Act of 2002, R.A. No. 916512 1. Provision of Law 1.1 Section 66 provides for the Suspension of Sentence of a First-Time Minor Offender. It says: Sec. 66. Suspension of Sentence of a First-Time Minor Offender. An Accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions: (a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as amended; or the Revised Penal Code; or of any special penal laws; (b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; and The Board favorably recommends that his/her sentence be suspended.

(c)

While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up program for not more than eighteen (18) months.

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Annex A.

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In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act, Article 192 of P.D. No. 603, otherwise known as the Child and Youth Welfare Code, as amended by P.D. No. 1179 shall apply, without prejudice to the application of the provision of this Section. 1.2 Section 67 provides for the Discharge after Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender. It says: Sec. 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender. If the accused first time minor offender under suspended sentence complies with the applicable rules and regulations of the Board, including confinement in a Center, the court, upon a favorable recommendation of the Board for the final discharge of the accused, shall discharge the accused and dismiss all proceedings. Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official records, other than the confidential record to be retained by the DOJ relating to the case. Such an order, which shall be kept confidential, shall restore the accused to his/her status prior to the case. He/she shall not be held thereafter 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 of him for any purpose. 1.3 Section 68 provides for the Privilege of Suspended Sentence to be Availed of only once by a First-Time Offender. It says: Sec. 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a firsttime offender over fifteen (15) years of age at the time o f the commission of the violation of Section 15 of this Act but not more than eighteen (18) years of age at the time when judgment should have been promulgated.

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Section 69 provides for the Promulgation of Sentence for FirstTime Minor Offender. It says: Sec. 69. Promulgation of Sentence for First-Time Minor Offender. If the accused first-time minor offender violates any of the conditions of his/her suspended sentence, the applicable rules and regulations of the Board exercising supervision and rehabilitative surveillance over him, including the rules and regulations of the Center should confinement be required, the court shall pronounce judgment of conviction and he/she shall serve sentence as any other convicted person.

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Section 70 provides for the Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. It says: Sec. 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. Upon promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the sentence provided under this Act is higher than that provided under existing law on probation, or impose community service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer, whereupon the court shall issue such an order. The community service shall be complied with under conditions, time and place as may be determined by the court in its discretion and upon the recommendation of the Board and shall apply only to violators of Section 15 of this Act. The completion of the community service shall be under the supervision and rehabilitative surveillance of the Board during the period required by the court. Thereafter, the Board shall render a report on the manner of compliance of said community service. The court in its discretion may require extension of the community service or order a final discharge.

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In both cases, the judicial records shall be covered by the provisions of Section 60 and 64 of this Act. If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused during the suspended sentence period shall be deducted from the sentence to be served.

(CHILDREN & YOUTH: SUSPENSION OF SERVICE OF SENTENCE MINOR) RRB/LRS RHAB/BTM/amt 5-7-03

OF A

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