Guidelines in Instances Where there is Manifestation or Information that a Case Pending Before a Regular Court Involves a Minor

January 18, 2021

OCA CIRCULAR NO. 11-2021

 

Pursuant to the Resolution of the Court dated 5 December 2018 in A.M. No. 18-07-148-RTC(Administrative Intervention in Criminal Case No. 15-321554, entitled "People of the Philippines vs. John Ricks Aytona y Reyes @ "Leklek" and Jeffrey Aytona y Vihizon"), all concerned trial courts are DIRECTED to OBSERVE the following guidelines in instances where there is a manifestation or information that a case pending before a regular court involves a minor, to wit:

(a) Whenever the age of minority of an accused in criminal case pending before a regular court is at issue, the court shall, before proceeding with the case, make a determination of such issue pursuant to Section 7 of R.A. No. 9344 and Rule 35 of the Revised Implementing Rules and Regulations of R.A. No. 9344, as amended by R.A. No. 10630;

(b) If after such determination, it is ascertained that the accused was a minor at the time of the commission of the offense, the court shall forward the case to the Office of the Clerk of Court for its re-raffle to a Family Court; and

(c) On the other hand, if it is ascertained that the accused was not a minor at the time of the commission of the offense, the court shall promptly proceed with the case.

For your information, guidance and strict compliance.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator