eng - World Organisation Against Torture

RA No. 7438 defines certain rights of all persons,including minors, arrested, detained orunder custodial investigation, as well as theduties of the arresting, detaining and investigatingofficers. It also provides penalties forviolations committed by the said officers.RA No. 8493 or the “Speedy Trial Act of1998,” this act provides time limits aimed atexpediting criminal trials. It also containspositive obligations on government employeesto ensure that criminal trials proceed expeditiouslyand provides for sanctions incases they wilfully inhibit or obstruct the expeditionof justice. Supreme CourtCircular 38-98 implements the provisions ofthis Act.RA No. 7309 provides for the creation of aBoard of Claims under the auspices of theDepartment of Justice (DOJ) for victims of unjustimprisonment and detention.The Revised Rules of Criminal Procedureoutline the procedures to be followed duringthe apprehension, investigation and trial ofall persons in conflict with the law.Several provisions of the Revised Penal Code(RPC) contain rules relating to the detentionand investigation of all persons in conflictwith the law. Article 125, for example, providesthe rules on the apprehension of minors.Article 191 meanwhile provides for theright of children in conflict with the law to beprovided separate quarters from adult inmatesin the absence of a child rehabilitationor detention centres.The proposed Comprehensive Juvenile Billauthored by Sen. Francis Pangilinan, wouldrise the age of criminal responsibility from9 to 12 years old. In addition, the Bill makesexplicit reference to its goal of complyingwith Articles 37, 39 and 40 of the CRC inproviding “a set of protective rights relatedto the juvenile justice system”. The Bill prohibitsthe detention of children with adults;redirect cases of petty or victimless crimesfrom court to a diversion programme; and developsa comprehensive delinquency preventionprogramme. However as discussedearlier, this bill has not been passed byCongress. Senator Pangilinan filed the proposedJuvenile Justice System Bill duringlast Congress but unfortunately it was notpassed in time before the 12th Congress adjourned.Senator Pangilinan re-filed it in thepresent Congress. Presently, it is undergoingdeliberations on the Committee Level. 352935 - Information provided by Teddy Francisco PoliticalCommunications Officer, Office of Majority Leader FrancisPangilinan, tedfrancisco@kiko.ph