OCA CIRCULAR NO. 101-2005, October 06, 2005

The attention of this Office has been called to the continued practice of
judges of immediately committing youthful offenders to provincial, city and
municipal jails despite the presence of Department of Social Welfare and
Development (DSWD) offices, youth detention centers or local rehabilitation
centers within the jurisdiction of the courts. Judges must take into
consideration that jail facilities, at present, are severely congested and are
beset with manpower, logistical and budgetary constraints.

Judges are reminded that the Court, in seeking to promote the best interests
of the child in conformity with Philippine laws and the United Nation’s
Convention on the Rights of the Child, passed the Resolution dated February 28,
2002 in A.M. No. 02-1-18-SC, approving the Rule on Juveniles in Conflict with
the Law.

Quoted hereunder is the pertinent provision of the Rule relative to the
commitment of youthful offenders, to wit:

“Sec. 18. Care of Juveniles in Conflict with the Law:—The juvenile
charged with having committed a delinquent act, held for trial or while the case
is pending appeal, if unable to furnish bail or is denied bail, shall, from the
time of his being taken into custody, be committed by the Family Court to the
care of the DSWD, a youth detention center, or a local rehabilitation center
recognized by the government in the province, city or municipality within the
jurisdiction of the said court. The center or agency concerned shall be
responsible for the juvenile’s appearance in court whenever required. In the
absence of any such center or agency within a reasonable distance from the venue
of the trial, the juvenile shall be detained in the provincial, city or
municipal jail which shall provide adequate quarters for the juvenile separate
from adult detainees and detainees of the opposite sex.”

For your information and guidance.

October, 2005.