Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1179)
A youthful offender is a child, minor, or youth, including one emancipated by law, who is over nine years but under eighteen years of age at the time of the commission of the offense.
A child nine years old or under at the time of the commission of the offense is exempted from criminal liability and is committed to the care of a parent, nearest relative, or family friend under court supervision.
Children over nine and under fifteen years are also committed to care unless they acted with discernment, in which case they are prosecuted in accordance with Article 192.
Article 80 of the Revised Penal Code is repealed by the provisions concerning youthful offenders in this Chapter.
The agency must take the youthful offender to a government medical or health officer for physical and mental examination and ensure treatment for any defects found.
If the court finds that suspending sentence is in the best interest of the public and the offender, and upon the offender's application, it may suspend judgment and commit the offender to custody or care until age 21 or a shorter period.
The offender can be committed to the Department of Social Welfare, any government training institution, or any other responsible person.
No, the benefits of suspension do not apply to a youthful offender who has already enjoyed suspension under this provision or who is convicted of an offense punishable by death or life imprisonment.
No, the order denying an application for suspension of sentence is not appealable.
The Department of Social Welfare or institution must submit a written report every four months or more frequently on the offender’s conduct and intellectual, physical, moral, social, and emotional progress.
If the offender is found incorrigible, willfully fails to comply with rehabilitation conditions, or if continued stay is inadvisable, or upon reaching 21 years of age while in commitment.
The youthful offender shall be credited with full time spent in actual commitment and detention under this Chapter in the service of his sentence.
All such records are privileged and may not be disclosed directly or indirectly except for specific purposes like suspension of sentence, probation, or enforcement of civil liability.
No, the youthful offender is protected from being held guilty of perjury or concealment by failing to acknowledge or recount facts related to the case.
Records include those with the National Bureau of Investigation, police department, or any government agency involved in the case.