CLE Midterm Exam May 2020

Procedure during inquest/preliminary investigation to filing of

information, including review/appeal
The stage after initial contact, when the law
enforcement officer gather relevant evidence
including the testimonies of witnesses,
What is initial investigation documents, object evidence, local knowledge and
review of scenes when a crime allegedly involving
a child is reported.
Preliminary investigation is an inquiry or
proceeding to determine whether there is
sufficient ground to engender a well-founded
What is preliminary investigation belief that a crime has been committed and
the respondent is probably guilty thereof, and
should be held for trial
Who shall undergo preliminary investigation under RA 9344 as amended
A child who is above fifteen (15) but below 18
years of age, acted with discernment, and
Child In Conflict with Law allegedly committed an offense with an imposable
penalty of more than six (6) years of
imprisonment.

Procedure
1. Child commits a crime

2. Child is taken into custody by the Any statement of Child referring to the crime shall
Law Enforcement Officer be taken in the presence of:
(1) Counsel or Public Attorney;
(2) Child’s Parents/Guardians/Nearest Relative; (3)
LSWD Officer

3. Turn over to LWSDO for initial
assessment and determination
of discernment
4. After receiving LSWDO’s report,
Law Enforcer must determine
where case of CICL must be
referred
Discernment means the capacity of the child at the
time of the commission of the offense to understand
the difference between right and wrong and the
consequences of the wrongful
act.
Either to:
a) LWSDO for intervention, if the child is:
 Fifteen (15) years old or below; or
 Above 15 but below 18 years of age and acted
without discernment
b) For Diversion to be administered by the:
 Law enforcement officer, if the child is above
15 but below 18 years of age, acted with
discernment, and allegedly committed an
 offense with an imposable penalty of not more
than six (6) years of imprisonment; or
 LSWDO, if the child is above 15 but below 18
years of age, acted with discernment, and
allegedly committed a victimless offense with
an imposable penalty of not more than six (6)
years of imprisonment.

c) To the Prosecutor or the Judge for conduct of

preliminary investigation, if the child is above
fifteen (15) but below 18 years of age, acted
with discernment, and allegedly committed an
offense with an imposable penalty of more
than six (6) years of imprisonment.

5. Refer to the Prosecutor or the Preliminary Investigation is Conducted by

Judge for preliminary Prosecutor only in the following cases:
investigation (a) when the child in conflict with the law does not
qualify for diversion;
(b) when the child, his/her parents or guardian
does not agree to diversion, as specified in
Sections 27 and 28; and
(c) when considering the assessment and
recommendation of the Social Worker, the
Prosecutor determines that diversion is not
appropriate for the child in conflict with the law.

Prosecutor must also:

Serve subpoena and the Affidavit of Complaint,
and notify the counsel of choice or in his or her
absence, the Public Attorney’s Office of such
service, as well as the personal information, and
place of custody of the child in conflict with the
law.

6. Prosecutor shall determine If prosecutor does not find probable cause,

probable cause dismiss. Otherwise proceed to number 7.

7. Prosecutor shall File Information The Information must allege that the child acted
in Family Court within 45 days with discernment, based on the initial assessment
from start of preliminary of the LSWDO.
investigation

8. Arraignment/Plea Arraignment shall be held in chambers and

conducted by the judge by furnishing the child and
counsel a copy of the complaint or Information,
reading the same in a language or dialect known
 to and understood by the child, explaining the
nature and consequences of a plea of guilty or not
guilty and asking the child's plea.

9. Pre-trial Agreements or admissions made during the pre-

trial conference shall be in writing and signed by
the child, the mother, father or duly appointed
guardian, and counsel; otherwise, the agreements
or admissions shall not be admissible against the
child.

Whenever possible and practicable, the court shall

explore all possibilities of settlement of the case,
except its criminal aspect. Plea bargaining shall be
resorted when it shall serve the best interest of
the child and the demands of truth and restorative
justice.
10. Trial Custody of the CICL pending trial:
1) Release of the minor on recognizance to his or
her parents, and other suitable persons;
(2) Release of the child in conflict with the law on
bail; or
(3) Transfer of the minor to a Youth Detention
Home or a Youth Rehabilitation Center.

The Court shall not order the detention of a child

in a jail, pending trial or hearing of the case.

11. Judgment Automatic Suspension of Sentence

If the CICL was under eighteen (18) years of age at
the time of the commission of the offense, and
was found guilty of the offense charged, the Court
shall determine and ascertain any civil liability of
the parents, which may have resulted from the
offense committed.
However, instead of pronouncing the judgment of
conviction, the Court shall place the child in
conflict with the law under a suspended sentence,
without need of application; Provided, however,
That suspension of sentence shall still be applied
or shall still be available, even if the CICL is already
eighteen years (18) of age, until the CICL reaches 2
twenty-one (21) years of age at the time of the
pronouncement of guilt.

Upon the suspension of the sentence, and after

considering the various circumstances of the child,
 the Court shall impose the appropriate disposition
measures, as provided in the Supreme Court
Revised Rule on Children in Conflict with the Law.

If the Court finds that the objective of the

disposition measures imposed upon the child in
conflict with the law has not been fulfilled, or if
the child in conflict with the law has willfully failed
to comply with the conditions of the disposition or
rehabilitation program, the child in conflict with
the law shall be brought before the Court for the
Execution of Judgment.
If the said child in conflict with the law has
reached eighteen (18) years of age, while under
suspended sentence, the Court shall determine
whether to discharge the child in accordance with
this Act, to order the Execution of Sentence, or to
extend the suspended sentence for a certain
specified period, or until the child reaches the
maximum age of twenty-one (21) years.
12. Appeal
Case Digest
Rosal Hubilla y Carillo vs. People
G.R. No. 176102. November 26, 2014

FACTS:
That on or about the 30th day of March, 2000 at about 7:30 P.M., in Barangay
Dalupaon, Pasacao, Camarines Sur, Philippines, and within the jurisdiction of this
Honorable Court, the said accused, with intent to kill, and without any justifiable cause,
did then and there willfully, unlawfully and feloniously assault, attack and stab one
JAYSON ESPINOLA Y BANTA with a knife , inflicting upon the latter mortal wounds in his
body, thus, directly causing his death, per Death Certification hereto attached as annex
"A" and made an integral part hereof, to the damage and prejudice of the deceased's
heirs in such amount as may be proven in court. Rosal Hubilla was only 17 year, 4 months
and 2 days old when he killed Jayson Espinola with a knife. He was charged with
Homicide. The Regional Trial Court convicted him of homicide and imposed the penalty of
indeterminate sentence of imprisonment of four years and one day of prision correcional
as minimum, to eight years and one day of prision mayor, as maximum. On appeal, the
Court of Appeals affirmed Rosal’s conviction but modified the penalty and the civil liability
in that he was sentenced to six months and one day of prision correctional as minimum,
to six years and one day of prision mayor, as maximum. The civil aspect was also
modified On motion for reconsideration, the CA partially granted the appeal and
imposed on him the penalty of six months and one day of prision correccional, as
minimum, to eight years and one day of prision mayor, as maximum.

Issue:
Whether or Not the CA should have suspended Rosal’s sentence in accordance with
RA 9344; that he is entitled to probation or suspension of sentence

Ruling:
Article 249 of the RPC prescribes the penalty of reclusion temporal for homicide. His
minority was a privileged mitigating circumstance that lowered the penalty to prision
mayor. In Indeterminate Sentence Law, the minimum of the indeterminate sentence
should be within the penalty next lower than the imposable penalty, which, herein, was
prision correccional. So the CA imposed the indeterminate penalty of imprisonment of
six months and one day of prision correccional, as minimum, to eight years and one day
of prision mayor, as maximum. Petitioner insists that the maximum of his indeterminate
sentence should be reduced to only six years of prision correccional to enable him to
apply for probation under PD 968. A.M. No. 02-1-18-SC - the restrictions on the personal
liberty of the child shall be limited to the minimum Sec. 38 of RA 9344 which allows the
suspension of the sentence is available only until the child offender turns 21 years of age.
Since he is over 23 years of age at the time of his conviction in the RTC, suspension was
no
longer feasible. RA 9344 reveals that imprisonment of children in conflict with the law is
by no means prohibited. Restrictions on the imposition of imprisonment:
(a) the detention or imprisonment is a disposition of last resort, and (b) the detention or
imprisonment shall be for the shortest appropriate period of time Imprisonment was
imposed on the petitioner as a last recourse after holding him to be disqualified from
probation and from the suspension of his sentence, and the term of his imprisonment
was for the shortest duration permitted by the law.