Art. 78 - 80

Question 1

Under Art. 78 of the RPC, when shall a penalty be executed?

Answer 1

No penalty shall be executed except by virtue of a final judgment

Question 2

When shall a judgment be final?

Answer 2

Either:
1. 15 Days after its promulgation
2. Defendant has expressly waived in writing his right to appeal

Question 3

Rules regarding the execution and service of penalties in case of insanity under Art. 79 of the RPC

Answer 3

1. Insane after final sentence = execution of penalty is suspended only as regards the personal liability
2. If he recovers his reason, his sentence shall be executed, unless the penalty has prescribed
3. Even if while serving his sentence, the convict becomes insane or imbecile, the above provisions shall be observed
4. But the payment of his civil or pecuniary liabilities shall not be suspended

Question 4

Instances where an accused person may become insane (4)

Answer 4

1. At the time of the commission of the offense
2. At the time of trial
3. At the time of final judgment
4. While serving sentence

Question 5

Effect of insanity at the time of commission of the offense

Answer 5

Exempt from criminal liability (Art. 12, par.1)

Question 6

Effect of insanity at the time of the trial

Answer 6

Suspend proceedings and order his confinement in a hospital until he recovers his reason

Question 7

Effect of insanity at the time of final judgment or after which or while serving sentence

Answer 7

Execution of personal penalty is suspended

Question 8

Definition of “Child” under RA 9344

Answer 8

Person under 18 years old

Question 9

Definition of “Child in conflict with the law” under RA 9344

Answer 9

A child who is alleged as, accused of, or adjudged as , having committed an offense under Philippine laws

Question 10

What happens to the child when he/she is 15 years of age or under at the time of the commission of the offense?

Answer 10

Exempt from criminal liability and immediately released

Question 11

What happens to the child when he/she is above 15 years of age but below 18 at the time of the commission of the offense?

Answer 11

Without discernment - Exempt, subjected to intervention program
With discernment - Diverson proceedings

Question 12

Minimum age for children committed to a youth care facility or ‘Bahay Pag-asa’

Answer 12

12 years old

Question 13

Rules for diversion program for children over 15 but below 18 (3)

Answer 13

1. Imposable penalty is not more than 6 years imprisonment - law enforcement officer or punong barangay, with assistance of LSWDO, conduct MEDIATION, family conferencing and conciliation
2. Victimless crimes and imprisonment not more than 6 years - LSWDO meets with parents and develop diversion program
3. Imprisonment exceeds 6 years - Diversion measures resorted to ONLY BY THE COURT

Question 14

LSWDO stands for?

Answer 14

Local Social Welfare and Development Officer

Question 15

When imposable penalty for the crime committed exceeds 6 years imprisonment, or if the child, his/her parents or guardian does not agree to diversion, within how many days shall the Women and Children Protection Desk of the PNP or other law enforcement officer handling the case, shall forward the records of the case to the prosecutor or judge for the conduct of inquest or prelimary investigation?

Answer 15

Within 8 days from determination of absence of jurisdiction over the case or termination of diversion proceedings

Question 16

When shall the prosecutor conduct a preliminary investigation regarding children in conflict with the law? (3)

Answer 16

1. When the child in conflict with the law does not qualify for diversion
2. When the child, his/her parents or guardian does not agree to diverson
3. When considering the assessment and recommendation of the LSWDO, the prosecutor determines that diversion is not appropriate for the child in conflict with the law

Question 17

When shall the prosecutor notify the Public Attorney’s Office after doing a preliminary investigation on the child in conflict with the law?

Answer 17

Upon serving the subpoena and the affidavit of complaint

Question 18

Upon determination fo probable cause, when shall the information against the child be filed before the Family Court by the prosecutor?

Answer 18

Within 45 days from the start of preliminary investigation. The information must allege that the chidl acted with discernment

Question 19

Are children under 18 years of age eligible for automatic suspension of sentence under RA 9344?

Answer 19

Yes. Instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application.
Provided, however that suspension of sentence shall be applied even if the juvenile is already 18 years of age or more at the time of the pronouncement of his/her guilt

Question 20

Until what age does the suspension of sentence last for the child in conflict with the law?

Answer 20

Until they reach 21 years of age

Question 21

Alternative measures to replace detention pending trial (2)

Answer 21

1. Close supervision
2. Intensive care or placement with a family or in an education setting or home

Question 22

When may a child in conflict with the law be detained or be institutionalized pending trial?

Answer 22

Only as a measure of last resort and for the shortest possible period of time.
When necessary, the child will always be detained in youth detention homes established by the local government in the city or municipality where the CHILD RESIDES

Question 23

When is a child in conflict with the law discharged?

Answer 23

Upon the recommendation of the social worker who has custody of the child, the court shall order the final discharge if it finds that the objective of the disposition measures have been fulfilled

Question 24

If the child in conflict with the law has reached 18 years of age while under suspended sentence, should the court order execution of the sentence? (3)

Answer 24

No, the court shall determine whether to:
1. Discharge the child; or
2. Order execution of sentence; or
3. Extend the suspended sentence for a certain specified period or until the child reaches the age of 21 years

Question 25

How much shall be credited in the service of the child’s sentence when the child was detained or committed?

Answer 25

Full time spent in commitment and detention

Question 26

Can a child in conflict with the law go under probation?

Answer 26

Yes

Question 27

Who are responsible for the care and maintenance of the child in conflict with the law? (4)

Answer 27

In order of priority:
1. Parents or those persons liabile to support him/her
2. In case the above cannot pay, 1/3 municipality where offense was committed, 1/3 province where municipality belongs, 1/3 national government
3. Charted cities - 2/3, in case city cannot pay, part of the internal revenue allotments applicable to the unpaid portion shall be withheld, 1/3 national government(?)
4. In case child is not resident of municipality where offense was committed, upon determination of the court, may require the city/municipality where the child resides to shoulder the cost

Question 28

May children in conflict with the law be confined in agricultural camps and other training facilities?

Answer 28

Yes, after conviction and upon order of the court

Question 29

Who will be liable for the civil liability incurred by the child in conflict with the law?

Answer 29

Parents shall be liable unless they prove, to the satisfaction of the court, that they were exercising REASONABLE SUPERVISION over the child AT THE TIME THE CHILD COMMITTED THE OFFENSE and EXERTED REASONABLE EFFORT AND UTMOST DILIGENCE TO PREVENT or DISCOURAGE the child from committing another offense