Commitment of Juveniles in Conflict with the Law
The OCA Circular No. 101-05 issued on October 6, 2005, emphasizes the need for judges of Family Courts in the Philippines to refrain from committing juvenile offenders to jails, given the availability of Department of Social Welfare and Development (DSWD) facilities and youth detention centers. It highlights the importance of considering the welfare of the child in alignment with Philippine laws and the United Nations Convention on the Rights of the Child. The circular reiterates that juveniles should be committed to appropriate care facilities rather than jails, unless no suitable center is available. If a juvenile is unable to post bail or is denied bail, they should be placed in the care of recognized youth facilities to ensure their proper rehabilitation and court appearance.
Quick Answers
- What is Commitment of Juveniles in Conflict with the Law about?
- The OCA Circular No. 101-05 issued on October 6, 2005, emphasizes the need for judges of Family Courts in the Philippines to refrain from committing juvenile offenders to jails, given the availability of Department of Social Welfare and Development (DSWD) facilities and youth detention centers. It highlights the importance of considering the welfare of the child in alignment with Philippine laws and the United Nations Convention on the Rights of the Child. The circular reiterates that juveniles should be committed to appropriate care facilities rather than jails, unless no suitable center is available. If a juvenile is unable to post bail or is denied bail, they should be placed in the care of recognized youth facilities to ensure their proper rehabilitation and court appearance.
- What type of law is OCA Circular No. 101-05?
- Commitment of Juveniles in Conflict with the Law (OCA Circular No. 101-05) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Commitment of Juveniles in Conflict with the Law enacted?
- Commitment of Juveniles in Conflict with the Law (OCA Circular No. 101-05) was enacted on Oct 6, 2005.
- What is the citation for Commitment of Juveniles in Conflict with the Law?
- Commitment of Juveniles in Conflict with the Law, OCA Circular No. 101-05, Oct 6, 2005 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 101-05
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
October 6, 2005
OCA CIRCULAR NO. 101-05
| TO | : | All Judges of Family Courts |
| SUBJECT | : | Commitment of Juveniles in Conflict with the Law |
The attention of this Office has been called to the continued practice of judges of immediately committing youthful offenders to provincial, city and municipal jails despite the presence of Department of Social Welfare and Development (DSWD) offices, youth detention centers or local rehabilitation centers within the jurisdiction of the courts. Judges must take into consideration that jail facilities, at present, are severely congested and are beset with manpower, logistical and budgetary constraints.
Judges are reminded that the Court, in seeking to promote the best interests of the child in conformity with Philippine laws and the United Nation's Convention on the Rights of the Child, passed the Resolution dated February 28, 2002 in A.M. No. 02-1-18-SC, approving the Rule on Juveniles in Conflict with the Law.
Quoted hereunder is the pertinent provision of the Rule relative to the commitment of youthful offenders, to wit:
"Sec. 18. Care of Juveniles in Conflict with the Law. — The juvenile charged with having committed a delinquent act, held for trial or while the case is pending appeal, if unable to furnish bail or is denied bail, shall, from the time of his being taken into custody, be committed by the Family Court to the care of the DSWD, a youth detention center, or a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the said court. The center or agency concerned shall be responsible for the juvenile's appearance in court whenever required. In the absence of any such center or agency within a reasonable distance from the venue of the trial, the juvenile shall be detained in the provincial, city or municipal jail which shall provide adequate quarters for the juvenile separate from adult detainees and detainees of the opposite sex. " SDATEc
For your information and guidance.
(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator
Cite This Law
Commitment of Juveniles in Conflict with the Law, OCA Circular No. 101-05, Oct 6, 2005 (Philippines)
Commitment of Juveniles in Conflict with the Law, OCA Circular No. 101-05 (Phil. 2005)
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