SUSPENSION OF SENTENCE OF MINOR DELINQUENTS
(AS REPEALED BY PD 603: CHILD AND YOUTH WELFARE CODE)
1. Youthful offender – over 9 but under 18 at time of the
commission of the offense
2. 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.
3. 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.
4. A youthful offender held for examination or trial who cannot
furnish bail will be committed to the DSWD/local rehabilitation
center or detention home.
5. If the court finds that the youthful offender committed the
crime charged against him, it shall determine the imposable
penalty and the civil liability chargeable against him, but it
may not pronounce judgment of conviction. Instead, the court
shall suspend all further proceedings if, upon application
of the youthful offender, it finds that the best interest of
the public and that of the offender will be served thereby.
EXCEPTIONS to suspension of sentence
a. those who previously enjoyed a suspension of sentence
b. those convicted of death or life imprisonment
c. those convicted for an offense by the military tribunals
6. The youthful offender shall be returned to the court for
pronouncement of judgment, when the youthful offender
(1) has been found incorrigible, or
(2) has willfully failed to comply with the conditions of his
rehabilitation programs; or
(3) when his continued stay in the training institution would
7. When the youthful offender has reached the age of twenty one
while in commitment, the court shall determine whether-
a. 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
b. To pronounce the judgment of conviction, if the conditions
mentioned are not met.
In the latter case, the convicted offender may apply
for probation. In any case, the youthful offender shall
be credited in the service of his sentence with the
full time spent in actual commitment and detention.
8. The final release of a youthful offender, based on good
conduct as provided in Art. 196 shall not obliterate his civil
liability for damages.
9. A minor who is ALREADY AN ADULT at the time of his conviction
is not entitled to a suspension of sentence.
10.The records of the proceeding shall be privileged and shall
not be disclosed.
11.The civil liability of the youthful offender may be voluntarily
assumed by a relative or a friend
12.The parent or guardian of the child is liable when he aids,
abets or connives for the commission of the crime or does an
act producing, promoting or contributing to the child’s being
a juvenile delinquent.
13.Penalties for the parent or guardian: Fine not exceeding P500
and/or imprisonment not exceeding 2 years