OCA CIRCULAR NO. 113-2009, August 20, 2009

It has come to the attention of this Office that there remain a
number of courts that fail to strictly observe pertinent provisions of
Republic Act No. 9344 entitled “An Act Establishing A Comprehensive Juvenile Justice And Welfare System, Creating the Juvenile Justice and Welfare Council under the Department of Justice. Appropriating Funds Therefor and for Other Purposes ”

Accordingly, Family Courts and single-sala courts handling cases
involving children in conflict with the law are REMINDED to STRICTLY OBSERVE the provisions of R.A. 9344. Quoted hereunder are the pertinent provisions, which the courts should not disregard:

‘”SEC. 34. Bail – For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall he considered

“SEC. 35. Release on Recognizance. – Where a child is detained, the com I shall order:

(a) the release of the minor on recognizance to his/her parents and other suitable person;

(b) the release of the child in conflict with the law on hail; or

(c) the transfer of the minor to a youth detention home/youth rehabilitation center.

The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.

“SEC 36. Detention of the Child Pending Trial – Children
d pending trial may be released on bail or recognizance as provided for
under Sections 34 and 35 under this Act. In all other cases and
whenever possible, detention pending trial may be replaced by
alternative measures, such are close supervision, intensive care or
placement with a family oi in an educational setting or home.
Institutionalization or detention of the child pending trial shall be
used only as a measure of last resort and for me shortest possible
period of time.

Whenever detention is necessary, a child will always be detained
youth detention homes established by local governments, pursuant to
Section 8 of the Family Courts Act, in the city or municipality where
the child resides

In the absence of a youth detention home, the child in conflict
with the law may be committed to the care of the DSWD or a local
rehabilitation center recognized by the government in the province, city
or municipality within the jurisdiction of the court. The center or
agency concerned shall Irresponsible for the child’s appearance in court
whenever required.

“SEC. 37. Diversion Measures. –
Where the maximum penalty imposed by law for the offense with which the
child in conflict with the law is charged is imprisonment of not. more
than twelve (12) years, regardless of the line or line alone regardless
of the amount, and before arraignment of the child in conflict with the
law, the court shall determine whether or not diversion is appropriate.

“SEC. 38. Automatic Suspension of Sentence. –
Once the child who is under eighteen (18) years of age at the time of
the commission of the offense is found guilty of the offense charged,
the court shall determine and ascertain any civil liability which may
have resulted from the offense committed. However, instead of
pronouncing the judgment of conviction, the court shall place the child
in conflict with the law under suspended sentence, without” need of
application: Provided, however. That suspension of
sentence shall still be applied even if the juvenile is already eighteen
years (18) of age or more at the time of the pronouncement of his/her
guilt.

Upon suspension of sentence and after considering the various
circumstances of the child, the court shall impose the appropriate
disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.

‘”SEC. 39. Discharge of the Child in Conflict with the I.aw. – Upon
the recommendation of the social worker who has custody of the child,
the court shall dismiss the case against the child whose sentence has
been suspended and against whom disposition measures have been issued,
and shall order the final discharge of the child if it finds that the
objective of the disposition measures have been fulfilled.

The discharge of the child in conflict with the law shall not
affect the civil liability resulting from the commission of the offense,
winch shall he enforced in accordance with law.

“SEC. 40. Return of the Child in Conflict with the Law to Court. –
If the court finds that the objective of the disposition measures
imposed upon the child in conflict with the law have not been fulfilled,
or if the child in conflict with the law has willfully failed to comply
with the conditions of his/her disposition or rehabilitation program,
the child in conflict with the law shall be brought before the court for
execution of judgment.

If said child in conflict with the law has reached eighteen
(18) years of age while under suspended sentence, the court shall
determine whether to discharge the child in accordance with this Act, to
order execution of sentence, or to extend the suspended sentence for a
certain specified period or until the child reaches (he maximum age of
twenty-one (21 ) years.

“SEC. 41. Credit in Service of Sentence. – The
child in conflict with the law shall be credited in the services
of his/her sentence with the full time spent in actual commitment and
detention under this Act.

“SEC. 42. Probation as an Alternative to Imprisonment. – The
court may, after it shall have convicted and sentenced a child in
conflict with the law, and upon application at any time, place the child
on probation in lieu of service of his/her sentence taking into account
the best interest of the child. For this purpose, Section 4 of
Presidential Decree No. 968, otherwise known as the “Probation i.aw of
1976″, is hereby amended accordingly.”

For strict compliance.

August __20__, 2009.