QuestionsQuestions (Act No. 1438)
Male minors between 8 and 16, and female minors between 8 and 18, may be considered for commitment under the Act.
The Act applies only to offenses not punishable by life imprisonment or death.
Instead of directing confinement in a public prison or jail, the court may, in its discretion, suspend judgment and commit the minor to a specified charitable or educational institution until majority or for a shorter period it deems proper.
Orphan asylum, reform school, charitable society, society for the prevention of cruelty to children, or any other charitable or educational institution aimed at the care, betterment, reform, or education of minors.
The court must consider the religion of the minor and that of his parents or next of kin, and must not commit the minor without approval of the parents or next of kin to any private institution not under the control and supervision of the religious sect/denomination to which they belong.
The minor cannot be committed to a private institution not controlled and supervised by the religious sect/denomination of the minor and the parents/next of kin, unless the parents or next of kin approve.
They must hold and keep the minors in safe custody, instruct them in some useful art or trade, and do such other things necessary for their moral and physical welfare.
Males committed before age 16, or females committed before age 18, may be transferred by executive order of the Governor-General for the unexpired portion of their sentences.
The Governor-General must take into consideration the religion of the minor and that of his parents or next of kin, and must not transfer the minor without approval if the target private institution is not under the control and supervision of their religious sect/denomination.
Yes. Any minor transferred may be retransferred by executive order of the Governor-General to the prison or jail from which he was taken, to serve the unexpired portion of his sentence.
The minor shall be returned to the court which committed him, and the court—if it finds him incorrigible or an improper subject—shall enter judgment and impose the sentence that would have been lawful at the time of the original commitment.
The sentence that would have been lawful at the time of the minor’s original commitment.
Institutions must adopt rules and regulations (with approval of the Philippine Commission) for safe custody, instruction, and training; for such minors, institutions are under the supervision and control of the Philippine Commission.
The institutions may receive sums provided by appropriation acts of the province (if minors are from a province) or by appropriation acts for the city of Manila (if minors are from Manila).
Commitment is generally for the duration until majority, but the court may set a shorter period in its discretion.
The court may suspend judgment and instead commit the minor to an approved institution, meaning the usual confinement judgment in a public prison/jail is not immediately imposed, subject to subsequent return and sentencing under Section 4 if conditions fail.
It took effect on its passage (Section 8). Section 7 notes the public good requiring speedy enactment and that its passage was expedited in accordance with the Commission’s procedure under a referenced act.