SC CIRCULAR NO. 5, April 07, 1987

The 1987 Constitution affirms the duty of the State to promote
and protect the physical, moral, spiritual, intellectual and social
well-being of the youth. (Sec. 13, Art. II, 1987 Constitution). It has
long been recognized that youthful offenders should be afforded special
treatment in our judicial system. To attain this objective, the following special rules are established:

1. In every station of a/multiple-sala/trial court, except
   the Regional Trial Courts stationed in the National Capital Judicial
   Region where designations were already extended in Adm. Order No.
   35, Series of 1986, of this Court, cases involving youthful offenders
   shall be assigned exclusively to one or more branches designated by the
   Supreme Court. The judges thereof shall take cognizance of these cases
   in addition to their regular duties. This rule does not apply to those
   cases whose trial had already been commenced which shall remain with the
   branches where they were assigned prior to the effective date of this
   Circular.

2. Every trial judge handling these cases shall endeavor to
   assign specific days for the trial thereof to the exclusion of criminal
   cases filed against adult offenders.

3. Trial judges should secure the assistance of the proper social
   welfare official in the area, including that of the local officer of
   the Department of Social Welfare and Development, and other private
   agencies devoted to the case and rehabilitation of such offenders.

4. Strict compliance with the provisions of the Child and Youth
   Welfare Code is herewith enjoined, specially the provisions of Article
   191 thereof on the detention of youthful offenders.

5. Executive Judges conducting inspections of provincial or city
   jails and other detention centers should take particular attention to
   the creatment of youthful offenders therein, confirmed, to determine
   whether there is compliance with the Child and Youth Welfare Code.

6. In all cases, the trial judges should so conduct their
   proceeding in a manner that would not traumatize and youthful offenders,
   and insure respect and protection for their human dignity.

For the purpose of implementing paragraph (1) hereof, the proper
Regional Trial Court Executive Judges are hereby DIRECTED to submit
within ten (10) days from receipt of a copy of this Circular their
recommendations on the branch or branches to be designated.

This Circular shall take effect immediately.

April 7, 1987.