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Suspension Of Sentence Of Minor Delinquents


ART. 80:

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(AS REPEALED BY PD 603: CHILD AND YOUTH WELFARE CODE)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
       be inadvisable

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












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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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