Title
Amendments to Juvenile Offender Provisions
Law
Presidential Decree No. 1179
Decision Date
Aug 15, 1977
Presidential Decree No. 1179 amends the Child and Youth Welfare Code to clarify and strengthen provisions for dealing with youthful offenders, including defining their age range, determining their criminal liability, and providing for their rehabilitation and supervision.
A

Physical and Mental Examination of Youthful Offenders

  • Law enforcement must bring apprehended youthful offenders to a government medical or health officer for physical and mental exams.
  • Necessary treatments for physical or mental defects must be immediately initiated.
  • Examination and treatment records become part of the offender's case file.

Suspension of Sentence and Commitment Procedures

  • Upon finding guilt, the court must determine penalties and civil liabilities.
  • The court may suspend proceedings and commit the youthful offender to the Department of Social Welfare, government training institutions, or responsible individuals if it benefits both public interest and the offender.
  • Commitment can last until the offender reaches 21 years or a shorter period as the court deems appropriate.
  • The court can require a social case study report from the Department of Social Welfare.
  • Youthful offenders on suspension are subject to supervision and visitation.
  • Suspension benefits do not apply to offenders previously granted suspension or those convicted of offenses punishable by death or life imprisonment.

Non-Appealability of Suspension Denial

  • Court orders denying suspension applications are final and cannot be appealed.

Reporting on Youthful Offender's Progress

  • The Department of Social Welfare, training institutions, or caregivers must submit written conduct and developmental reports every four months or as needed.

Return and Judgment of Youthful Offenders

  • Youthful offenders found incorrigible, non-compliant with rehabilitation, or unsuitable for training institutions must be returned to court for judgment.
  • Upon reaching 21 during commitment, the court decides to dismiss the case or pronounce conviction with possible probation application.
  • Time spent in commitment and detention is credited towards sentence service.

Confidentiality and Privilege of Proceedings Records

  • Records of cases where charges are dropped, acquitted, dismissed, or released post-commitment are privileged and undisclosable except for suspension, probation, or civil liability enforcement.
  • Youthful offenders are protected from perjury or concealment charges for nondisclosure related to their case.
  • Confidential records include files with the National Bureau of Investigation, police, or other government agencies.

Effective Date

  • The decree takes effect immediately upon promulgation.

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