QuestionsQuestions (PRESIDENTIAL DECREE NO. 1179)
A youthful offender is a child, minor, or youth (including one emancipated under law) who is over nine (9) years but under eighteen (18) years old at the time of the commission of the offense.
The child is exempted from criminal liability and shall be committed to the care of the father or mother, or nearest relative or family friend, subject to the court’s supervision.
The child is similarly exempted from criminal liability and placed in the care of the father/mother or nearest relative/family friend, subject to court supervision—unless the child acted with discernment, in which case the child is proceeded against under Article 192.
PD 1179 expressly repeals Article 80 of the Revised Penal Code as to its provisions relating to youthful offenders, replacing it with the Chapter’s provisions.
It must take the youthful offender to any available government medical or health officer in the area for a physical and mental examination, and provide indicated treatment steps immediately.
The examination and treatment papers must form part of the record of the case.
The court determines the imposable penalty and any civil liability chargeable; however, instead of pronouncing conviction, it may suspend further proceedings and commit the minor to custody/care of the Department of Social Welfare, or a government training institution, or a responsible person, until age twenty-one (21) or a shorter period the court deems proper.
Upon application of the youthful offender and if the court finds that the best interest of the public as well as that of the offender will be served thereby.
It is a report over the offender and his family; upon receipt of the youthful offender’s application, the court may require the Department of Social Welfare to prepare and submit it.
The youthful offender is subject to visitation and supervision by a representative of the Department of Social Welfare or the government training institution designated by the court, subject to conditions prescribed by the court.
A youthful offender who has once enjoyed suspension of sentence under the article, or who is convicted of an offense punishable by death or life imprisonment.
No. The order of the court denying the application for suspension under Article 192 is not appealable.
Every four (4) months or oftener as required in special cases, a written report on conduct and intellectual, physical, moral, social, and emotional progress.
When the youthful offender has been found incorrigible, willfully failed to comply with rehabilitation program conditions, or when continued stay in the training institution is inadvisable.
Whether to dismiss the case in accordance with the next preceding article or to pronounce a judgment of conviction.
He may apply for probation under Presidential Decree No. 968.
He shall be credited with full time spent in actual commitment and detection effected under the provisions of the Chapter.
All records are privileged and may not be disclosed directly or indirectly to anyone for any purpose whatsoever.
To determine whether a defendant may have sentence suspended under Article 192, or granted probation under PD 968, or to enforce civil liability if imposed in the criminal action.