Title
Juvenile offenders to charitable institutions
Law
Act No. 1438
Decision Date
Jan 11, 1906
A Philippine law enacted in 1906 allows courts to commit juvenile offenders to charitable or educational institutions instead of public prisons, providing them with instruction and care until they reach adulthood or for a shorter period determined by the court.

Court discretion to suspend and commit

  • Section 1 authorizes the court, in its discretion, to suspend judgment and commit the minor to custody of an approved institution.
  • Section 1 authorizes commitment to an orphan asylum, reform school, charitable society, or a society for the prevention of cruelty to children.
  • Section 1 also authorizes commitment to any other charitable or educational institution whose purpose is the care, betterment, reform, or education of minors.
  • Section 1 provides that the commitment lasts until the minor reaches his or her majority or for a less period the court deems proper.

Religious considerations and approval requirement

  • Section 1 requires the court, prior to commitment, to take into consideration the religion of the minor and the religion of his or her parents or next of kin.
  • Section 1 prohibits commitment of the minor to any private institution not under the control and supervision of the religious sect or denomination to which the minor and the parents or next of kin belong unless the parents or next of kin approve the commitment.
  • Section 3 imposes the same religion-and-approval requirement when the Governor-General transfers a minor to a private institution.

Duties and treatment of committed minors

  • Section 2 requires each institution to which minors are committed to hold and keep them in safe custody.
  • Section 2 requires each institution to instruct minors in some useful art or trade.
  • Section 2 requires each institution to do other things necessary for the minors’ moral and physical welfare.

Transfer of existing minor prisoners

  • Section 3 allows transfer by executive order of the Governor-General of minors currently confined in Bilibid Prison or any provincial jail.
  • Section 3 authorizes transfer for males who were under the age of sixteen at the time of commitment and for females who were under the age of eighteen at the time of commitment.
  • Section 3 limits the transfer to the period of the unexpired portion of their sentences.
  • Section 3 requires the Governor-General, prior to transfer, to consider the minor’s religion and that of the parents or next of kin, and to not transfer without approval to any private institution not under the control and supervision of the religious sect or denomination of the minor and parents or next of kin.

Retransfer back to prison upon issues

  • Section 3 allows a minor transferred under this Act to be retransferred by executive order of the Governor-General to the prison or jail from which the minor was taken.
  • Section 3 limits retransferring so the minor is confined there for the unexpired portion of the sentence.

Incorrigibility or improper detention; return to court

  • Section 4 requires that any minor, during commitment, found incorrigible or an improper subject for detention be returned to the court that committed the minor.
  • Section 4 authorizes the court, if it finds the minor incorrigible or an improper subject for detention, to enter judgment and pass the sentence that would have been lawful at the time of the original commitment.

Institutional rules, supervision, and control

  • Section 5 requires institutions to adopt rules and regulations for safe custody, instruction, and mental and educational training of committed minors.
  • Section 5 makes adoption of those rules and regulations subject to approval of the Philippine Commission.
  • Section 5 places such institutions, insofar as committed minors are concerned, under the supervision and control of the Philippine Commission.

Funding for care and instruction

  • Section 6 provides that institutions entitled to commit minors under this Act may receive a sum for the care, maintenance, and instruction of the minors.
  • Section 6 ties funding to appropriation acts of the province from which the minors are committed.
  • Section 6 requires funding to come from appropriation acts for the city of Manila when minors are committed from the city of Manila.

Effect, expedited enactment, and commencement

  • Section 7 provides for expedited enactment of the bill under section two of “An Act prescribing the order of procedure by the Commission in the enactment of laws,” passed September twenty-sixth, nineteen hundred.
  • Section 8 states that the Act takes effect on its passage.
  • The Act was enacted on January 11, 1906.

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