Bombas

Juvenile Justice and Welfare System

Juvenile Justice and Welfare System refers to a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development (Sec. 4, R.A. 9344).

“Child in Conflict with the Law”

It refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws (Sec. 4 [e], R.A. 9344).

Where a child is detained, the court may order the following

1. The release of the minor on recognizance to his/her parents and other suitable persons;

2. The release of the child in conflict with the law on bail;

3. The transfer of the minor to a youth detention home/youth rehabilitation center.

NOTE: The court shall not order the detention of a child in a jail pending trial or hearing of his/her case except in youth detention homes established by local governments (Sec. 35,

R.A. 9344).

Other alternative to imprisonment may be availed by a child in conflict with the law under R.A. 9344

The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in lieu of service of sentence (Sec. 42, R.A. 9344).

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CRIMINAL LIABILITY

Extinguishment of criminal liability

Criminal liability may be extinguished either, partially or totally.

Partial extinction of criminal liability

1. By conditional pardon

2. By commutation of the sentence

3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or serving his sentence (Art. 94 as amended by R.A. 10592)

Nature of conditional pardon

When delivered and accepted, it is considered a contract between the sovereign power of the executive and the convict that the former will release the latter upon compliance with the condition.

Obligation incurred by a person granted with conditional pardon

He shall incur the obligation of complying strictly with the conditions imposed therein, otherwise, his noncompliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Art. 159 on violation of conditional pardon shall be applied to him (Art. 95).

Nature of commutation of sentence

It is a change of the decision of the court made by the Chief Executive by reducing the degree of the penalty inflicted upon the convict, or by decreasing the length of the imprisonment or the amount of the fine.

Effect of commutation of sentence

The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former (Art. 96).

Cases where commutation is provided for by the Code

1. When the convict sentenced to death is over 70 years of age (Art. 83);

2. When eight justices of the Supreme Court fail to reach a decision for the affirmance of the death penalty (Reyes, 2008).

Nature of good conduct allowances

Allowances for good conduct are deductions from the term of sentence for good behavior (Art. 97). The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29 of the Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall entitle him to the following deductions from the period of his sentence:

1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior during detention;

2. During the third to the fourth year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-three days for each month of good behavior during detention; 3. During the following years until the tenth

year, inclusive of his imprisonment, he shall be allowed a deduction of twenty-five days for each month of good behavior during detention;

4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each month of good behavior during detention;

5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring service time rendered (R.A. 10592).

NOTE: An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.

Person granting time allowance

Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once granted shall not be revoked (Art. 99 as amended by R.A. 10592).

Special time allowance for loyalty of prisoner

It is a deduction of one fifth (1/5) of the period of sentence of a prisoner who, having evaded the service of his sentence during the calamity or catastrophe mentioned in Art. 158, gives himself up to the authorities within 48 hours following the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe. A deduction of two-fifths of the period of his sentence

shall be granted in case said prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code (Art. 98 as amended by R.A. 10592).

Parole

Parole consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting a pardon, prescribing the terms upon which the sentence shall be suspended (Reyes, 2008).

NOTE: Parole system cannot exist without the Indeterminate sentence law.

Conditional pardon v. Parole

CONDITIONAL

PARDON PAROLE

It may be given at any time after final judgment by the Chief Executive.

It may be given after the prisoner has served the minimum penalty by the Board of Pardons and Parole under the provisions of the Indeterminate Sentence Law.

For violation of the conditional pardon, the convict may be rearrested or reincarcerated by the Chief Executive or may be prosecuted under Art. 159 of the Code.

For violation of the parole, the convict cannot be prosecuted under Art. 159. He can be rearrested and reincarcerated to serve the unserved portion of his original penalty.

NOTE: The mere

commission, not conviction by the court, of any crime is sufficient to warrant the parolee’s arrest and reincarceration (Guevarra, in Reyes, 2008).

Total extinguishment of criminal liability

Art. 89 provides for the following:

1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment;

2. By service of sentence;

3. By prescription of the crime; 4. By prescription of the penalty;

5. By marriage of the offended woman in cases of seduction, abduction, rape and acts of lasciviousness, as provided in Art. 344 of the RPC.

6. By absolute pardon;

7. By amnesty, which completely extinguishes the penalty and all its effects;

NOTE: Extinction of criminal liability does not necessarily mean that civil liability is also extinguished (Petralba v.

Sandiganbayan, 200 SCRA 644).

Causes of extinction from criminal liability v. the causes of justification or exemption

The causes of the extinction arise after the commission of the offense while the causes of justification or exemption arise from circumstances existing either before the commission of the crime or at the moment of its commission (Reyes, 2008).

PRESCRIPTION OF CRIMES AND