OCA CIRCULAR NO. 115-2006, August 10, 2006

WHEREAS, Republic Act No. 9344 otherwise known as the Juveriile Justice and Welfare Act took effect on 20 May 2006;

WHEREAS, the Juvenile Justice and
Welfare Council (JJWC) created under the Act is directed to issue the
Implementing Rules and Regulations for the implementation of the
provisions of the Act within ninety (90) days from its effectivity;

NOW THEREFORE, the following interim Guidelines are hereby issued for the guidanfce of the courts concerned.

I. Coverage:

These guidelines cover children in conflict with
the law (CICL) who are either currently detained pending trial, on bail,
release on recognizance, undergoing diversion, on probation, on
suspended sentence pr serving sentence after conviction.

The law mandates that where the CICL is 15 years
old and beow at the time of the commission of the offense with which
he/she is charged, the case against him shall immediately be dismissed
and the child eferred to the Local Social Welfare and Development
Officer. This is so because the age of criminal irresponsibility has
been raised from 9 to 15 years old.

II. Procedure in the Management of CICL cases:

1. If the child was 15 years old or below
   at the time of the commission of the offense charged, and is detained
   pending trial, on bail or under release on recognizance, is under
   diversion, or having been found guilty is under suspended sentence or on
   probation, before the court can order the dismissal of his
   case, a Motion to Dismiss must first be filed, with due notice to all
   parties and their counsel. The Motion shall be set for hearing. If the
   grounds for the motion are proved, the court shall immediately order the
   dismissal of the case and refer the child to the local social welfare
   and development officer. The court shall furnish the Juvenile Justice
   and Welfare Council (JJWC) copy of the order of dismissal.

2. If the child was above 15 but below 18 years old at the time of the commission of the offense charged, is on bail, or has been released on recognizance, or is detained pending trial, trial shall continue and the prosecution must prove guilt beyond reasonable doubt to support a judgment of conviction.

   If the child is detained pending trial, the
   court shall determine if continued detention is necessary. If it is not,
   then the court shall determine the appropriate alternative(s) for
   detention. If necessary and the child is detained with adult detention
   prisoners, the court shall immediately order the child to be transferred
   to a separate youth detention or reception center.

3. If the child was 15 years old or below
   at the time of the commission of the offense charged, and having been
   convicted, is currently serving sentence, the proper habeas corpus case may be filed in behalf of the child before a regular court.

4. If the child was above 15 but below 18 at the
   time of the commission of the offense charged, and having been
   convicted, is under suspended sentence, the child shall continue with
   his/her rehabilitation program.

5. If the child reaches 18 while undergoing diversion or pending determination of diversion:

   a) If alleged to have committed the offense charged while 15 years old or below,
   the case should be dismissed/terminated upon proper motion and the
   child referred to the local social welfare and development officer. Copy
   of the order of dismissal/termination shall be furnished the JJWC.

   b) If alleged to have committed the offense while above 15 but below 18,
   and is undergoing diversion, diversion hall continue. If the diversion
   process is still ongoing, the process should continue to determine
   whether the child should be diverted or not.

   If diversion is subsequently recommended,
   diversion shall proceed. If not recommended, formal trial shall proceed,
   and if trial results in conviction, the child may avail of suspended
   sentence or probation if so qualified.

6. If the child was above 15 but below 18 years of age at trie time of the commission of the offense, has been convicted and is currently serving sentence,
   he/she shall be entitled to the appropriate dispositions provided for
   by the Act, including adjustment of sentence or release if so qualified.

7. If the criminal case against a child is
   dismissed on the ground of criminal irresponsibility, or the child,
   after trial, is acquitted and the court refers him/her to the local
   social welfare and development officer., in no case can the court order
   the child to undergo rehabilitation or rehabilitation or a detention
   center or any institution where his liberty of abode or movement is
   restrained, unless the child through his parents/guardians voluntarily consents thereto.

__10__ August 2006.