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eng - World Organisation Against Torture

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scribed by law for persons over 18 shall beimposed as long as that person is found tohave acted with discernment. Article 68.2states that when the offender, at the time hecommits the offence, is under 18 but over 15years of age, the penalty one degree lowerthan that prescribed by law for persons over18 shall be imposed. Persons under 9 yearsof age cannot be convicted of criminal offencesunder Philippine law. The RPC prescribescertain penalties depending on theseriousness of the crime. 33to the conclusion of their rehabilitation or jailsentence. For example, Article 190 of PD No.603, as amended, stipulates that it is the dutyof the concerned law enforcement agency totake the youth offender 34 , immediately afterhis apprehension, to the proper medical orhealth officer for a thorough physical andmental examination. Under PD No. 603 andthe Implementing Rules, children in conflictwith the law are given strong protection, withduties and responsibilities placed upon theState in line with international human rightsstandards.5.1.2. Filipino laws protecting childrenin conflict with the lawDespite the poor human rights record of thegovernment of Ferdinand E. Marcos, the dictatorialregime made some worthy legislationregarding the protection of children.Presidential Drecree (PD) No. 603 or the“Child and Youth Welfare Code” is the primarysource of protection of children in conflictwith the Law in the Philippines. PDNo. 603 and its implementing rules, theRules on the Apprehension, Investigation,Prosecution and Rehabilitation of YouthfulOffenders (“the Implementing Rules”),provide a framework for the treatment of childrenfrom the moment of their apprehension27The Supreme Court of the Philippines alsoissued resolutions and circulars providingguidelines for the implementation of the lawas laid down by PD No. 603 and its implementingrules. These circulars and rules ofCourt should apply to all cases involvingchildren in conflict with the law. Theseinclude: “Special Treatment of MinorDetainees and Jail Decongestion”(February 2002), “Rule on Juveniles inConflict with the Law”(April 2002) and33 - For example, a person who is convicted of theft of an itemworth between PhP 12,000 and PhP 22,000 shall be sentencedto between 6 years and 1 day to 8 years imprisonment.However, a person who is convicted of theft of an itemworth between PhP 6,000 and PhP 12,000 shall be sentencedto between 2 years 4 months and 1 day to 6 yearsimprisonment. The penalty in the latter case is describedas being “one degree lower” than the former offense andis a lesser form of punishment because stealing a less valuableitem is deemed to be a less serious offense.34 - Youth offender is still being used to describe children inconflict with the law in many government reports and documents.

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