Social Justification of Penalty
Non-Institutional Correction Review Notes 1. Prevention – the state must punish the criminal to prevent or suppress the
Decision – is the judgment rendered by a court of justice or competent tribunal
after presentation of the respective positions of the parties in an ordinary or
criminal case or upon a stipulation of the facts upon which the disposition of the
case is based.
Conviction – is the judgment of a court based on the verdict of a judicial officer or
judge, that the accused is guilty of the offense in which he/she was charge.
Sentence – is the penalty imposed by the court upon a person convicted of a
crime.
Acquittal – is the judgment of a court based on the verdict or decision of the
judge, that the defendant is not guilty of the charge against him.
Punishment – it is the redress that the state takes against an offender where it
signifies pain, suffering or curtailment of its freedom.
Penalty – is the suffering that is inflicted by the state for the transgression of law.
Indeterminate Sentence – is a type of sentence to imprisonment where the
commitment is not specified to a fixed period.
Goals of Sentencing
1. Retribution – is the act of taking revenge upon a criminal perpetrator.
2. Incapacitation – is the use of imprisonment or other means to reduce the
likelihood that an offender will be capable of committing future offenses.
3. Deterrence – is a means, which seeks to prevent others from committing
crimes or repeating criminality.
4. Rehabilitation – is the attempt to reform a criminal offender, the state in
which a reformed offender is said to be rehabilitated.
5. Restoration – a goal of which attempts to make the victim whole again.
The Concept of Penalty
Penalty in its general sense signifies pain, in the juridical sphere; it means
suffering undergone, because of the action of society to one who commits a
crime.
The very purpose or reason why society has to punish a criminal is to
secure justice. The society or state has to protect its existence, assert what is right
for the people based on moral principles, which must be vindicated. The giving of
punishment, which is exercised by society, is the fulfillment of service and
satisfaction of a duty to the people it protects.
26
danger to the state arising from the criminal acts of the offender.
2. Self-defense – the state has aright to punish the criminal as a measure of self-
defense so as to protect society from the threat and wrong inflicted by the
criminal.
3. Reformation – the object of punishment in criminal cases is to correct and
reform the offender.
4. Exemplarity – the criminal is punished by the state as an act to deter others
from committing crimes.
5. Justice – that crime must be punished by the state as an act of retributive
justice, a vindication of absolute right and moral violated by the criminal.
Purpose of Penalty
1. Retribution or Expiation – the penalty is commensurate with the gravity for
the offense as a matter of payment for the damage done.
2. Correction or Reformation – as shown by the rules which regulates the
execution of the penalties consisting in deprivation of liberty thereby giving chance
for his reformation.
3. Social Defense – as shown by its inflexible severity to recidivist and habitual
delinquents. Society must provide the welfare of the people against any disorder
in the community.
Juridical Conditions of Penalty
1. The penalty must be productive of suffering without affecting the integrity of the
human personality.
2. the penalty must be commensurate with the offense, that different crimes must
be punished with different penalties.
3. The penalty must be personal in that no one should be punished for the crime
of another.
4. The penalty must be legal, that it is the consequence of a judgment according
to law.
5. The penalty must be certain, that no one escape its effects.
6. The penalty must be equal for all.
7. The penalty must be correctional.
Constitutional Restriction on Penalties
The Philippine Constitution directs that excessive fines shall not be
imposed, nor cruel and unusual penalties when it is so disproportionate to the
offense committed as to shock the moral sense of all reasonable men as to what 4. Cost of incarceration will be eliminated.
is right and proper under the circumstances.
PROBATION
Total extinction of criminal liability History of Probation
1. By the death of the convict England
2. By the service of sentence  Probation law originated
3. By Absolute Pardon  Matthew Davenport Hill who was known as the father of Probation in
4. By Amnesty England because “he believed that the individual was not wholly corrupt-
5. By Prescription of Crime when there was reasonable hope for reformation-and when there could be
6. By Prescription of penalty found persons to act as guardians, kind enough to take charge of the
7. By marriage of the offended woman young convict”.
Partial Extinction of Criminal Liability Boston, Massachusetts, USA
1. By Conditional Pardon  enactment of the first probation law occurred
2. By Commutation of Sentence  John Augustus, Boston shoe cobbler, the first probation officer in Boston
3. By Good Conduct Time Allowance who was credited to be the Father of Probation in United States of America
4. Special Time Allowance because he convinced judges to release individuals who suffered with
5. By Parole alcoholism into his care in lieu of jail.
6. Probation  Edward Savage popularly known as the first paid probation officer in
Boston during the enactment of the probation law.
Theoretical Foundations of the Treatment of Criminals Philippines
The Classical Theory- Freewill  Act 4221 was the first probation law in the Philippines enacted on August
Neo-Classical Theory- Who has the Freewill 07, 1935 creating Probation office under the department of justice.
Positivist Theory- Scientific approach However, it was declared unconstitutional; on 1937 because it was
Ferri argued that since the causes of crime could be identified and considered as an undue delegation of legislative power in the case of
isolated, he calculated that it could be controlled through prevention. And People VS. Vera.
the best preventive measures are through the reformation of society so  PD 968 known as the Probation Law of 1976 promulgated on July 24,
that the breeding ground of crime is cleansed. 1976 as the 2nd legislation in our country. It was later on amended by PD
1257 on December 1, 1977 and PD 1990 on October 5, 1985.
Definition: of non-institutional corrections  Cong. Teodulo C. Natividad known as the Father of Probation in the
Refers to the method of correcting sentenced offenders without having go Philippines together with Cong. Ramon Bagatsing.
to prison.
It has Probation, Parole, Pardon, Recognizance and other mode of Presidential Decree no 968 (Probation Law of 1976)
community based treatment.
A. Nature
Advantages:  Probation is a mere privilege, not a right because its benefits cannot be
1. Family Members need not be a victim also for the imprisonment of a member extended to those not expressly included.
because the convict can still support the needs of his family. B. Concept
2. Rehabilitation will be more effective as the convict will not be exposed to  Probation - is a disposition under which a defendant, after conviction and
hardened criminals. sentence, is released subject to conditions imposed by the court and to the
3. Rehabilitation can be monitored by the community. supervision of a probation officer.
27
  Probationer - means a person placed on probation..
 Probation Officer - means one who investigates for the court a referral for
probation or supervises a probationer or both.
 Petitioner – a convicted defendant who file a formal application for
probation.
C. Purpose
 (a) promote the correction and rehabilitation of an offender by providing
him with individualized treatment;
 (b) provide an opportunity for the reformation of a penitent offender which
might be less probable if he were to serve a prison sentence;
 (c) prevent the commission of offenses..
D. Application
 This shall apply to all offenders except those entitled to benefits under PD
603 and RA 9344
E. Rules on Grant of Probation
1. After it shall have convicted and sentenced a defendant and upon
application at any time of said defendant, suspend the execution of said
sentence and place the defendant on probation, upon application within the
period of perfecting an appeal.
2. Probation may be granted whether the sentence imposes a term of
imprisonment or a fine only.
3. The filing of the application shall be deemed a waver of the right to appeal,
or the automatic withdrawal of a pending appeal.
4. An order granting or denying probation shall not be appealable.
F. Post Sentence Investigation Report
1. No person shall be placed on probation except upon prior investigation by
the probation officer.
2. The probation officer shall submit to the court the investigation report on a
defendant not later than sixty days from receipt of the order.
3. The court shall resolve the petition for probation not later fifteen days after
receipt of said report.
G. Criteria for placing an offender on Probation
1. the court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the offender.
2. available institutional and community resources
H. Probation Shall be Denied
1. the offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution
2. there is undue risk that during the period of probation the offender will
commit another crime.
28
3. probation will depreciate the seriousness of the offense committed.
I. Disqualified Offenders
1. sentenced to serve a maximum term of imprisonment of more than six
years.
2. convicted of any offense against the security of the State
3. Who have previously been convicted by final judgment of an offense
punished by imprisonment of not less than one month and one day and/or a
fine of not less than Two Hundred Pesos.
4. Who have been once on probation under the provisions of this Decree.
5. Who are already serving sentence at the time the substantive provisions
of this Decree became applicable pursuant to Section 33 hereof.
J. Conditions of Probation
1. Mandatory Condition
a. present himself to the probation officer designated to undertake his
supervision at such place as may be specified in the order within seventy-two
hours from receipt of said order.
b. report to the probation officer at least once a month at such time and place as
specified by said officer.
2. Discretionary or Special Condition
a. cooperate with a program of supervision.
b. meet his family responsibilities
c. devote himself to a specific employment and not to change said
employment without the prior written approval of the probation officer.
d. undergo medical, psychological or psychiatric examination and treatment
and enter and remain in a specified institution, when required for that purpose
e. pursue a prescribed secular study or vocational training.
f. attend or reside in a facility established for instruction, recreation or
residence of persons on probation
g. refrain from visiting houses of ill-repute.
h. abstain from drinking intoxicating beverages to excess.
i. permit the probation officer or an authorized social worker to visit his home
and place of work.
j. reside at premises approved by it and not to change his residence without
its prior written approval.
k. satisfy any other condition related to the rehabilitation of the defendant and
not unduly restrictive of his liberty or incompatible with his freedom of
conscience.
K. Period of Probation
 1. The period of probation of a defendant sentenced to a term of imprisonment
of not more than one year shall not exceed two years, and in all other cases,
said period shall not exceed six years.
2. When the sentence imposes a fine only and the offender is made to serve
subsidiary imprisonment in case of insolvency, the period of probation shall
not be less than nor to be more than twice the total number of days of
subsidiary imprisonment as computed at the rate established, in Article thirty-
nine of the Revised Penal Code.
Sec.  13. Control and Supervision of Probationer
— The probationer and his probation program shall be under the control of the
court who placed him on probation subject to actual supervision and visitation by
a probation officer. 
L. Arrest of Probationer
1. At any time during probation, the court may issue a warrant for the arrest of
a probationer for violation of any of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought before
the court for a hearing, which may be informal and summary, of the violation
charged.
2. If the violation is established, the court may revoke or continue his
probation and modify the conditions thereof. If revoked, the court shall order
the probationer to serve the sentence originally imposed. An order revoking
the grant of probation or modifying the terms and conditions thereof shall not
be appealable.
M. Termination of Probation
1. Death of the Probationer
2. The court may order the final discharge of the probationer upon finding that
he has fulfilled the terms and conditions of his probation.
N. Effects of Termination
1. Case is deemed terminated
2. Restoration of all civil rights lost or suspended.
3. Fully discharges liability for any fine imposes.
 B. PAROLE(act #4103)
A. Definition
- Refers to the conditional release of an offender from a correctional institution
after he has served the minimum of his prison sentence.
B. Historical Background
29
- Alexander Maconochie superintendent in Norfolk Island Penal Colony in
Australia and introduced Mark system in which the prisoner is required to earn
number of marks based on proper department, labor, study in order to entitle him
for a ticket of leave.- Known as Father of Parole
Elmira Reformatory is the first institution adopted the concept of parole in
1876(United States)
After a 12 month record of Good Conduct, a prisoner is already eligible for
parole at Elmira. If approved, the parolee is released and assigned to a custodian
in the community know as “Guardian”. After six months, successful parolees were
discharge from further supervision.
Walter Crofton
 Ticket of Leave
 First Stage- held in solitary confinement
 Second Stage- in spike island and work for public
 Third Stage- work in the community with unarmed guards
 Fourth Stage- free working in the community
 Fifth Stage- Ticket of Leave
C. Indeterminate Sentence Law (Act 4103)
- is a sentence with a minimum term and maximum term in which the court
is mandated to impose for the benefit of a guilty person who is not disqualified.
D. When Benefit of the Law is not Applicable:
1. Sentenced to death penalty or life imprisonment
2. Convicted of a crime against national security and fundamental law of the land
3. Recidivist and Habitual Delinquents.
4. Evaded sentence
5. Violated the conditions on conditional pardon
6. Sentenced to the penalty of destierro or suspension only.
7. Maximum term of imprisonment do not exceeds 1 year.
E. Who may grant Parole:
1. The Board of Pardon and Parole as the administrative arm of the president
to grant parole cases. (Seven members)
F. Release of the prisoner on Parole
1. Such prisoner is fitted by his training for release.
2. There is reasonable probability that he will live and remain at liberty without
violating the law.
3. Such release will not incompatible with the welfare of the society.
 G. Sanction for Violation of the Conditions of Parole
For violation of the conditions of his Parole:
1. The Board may issue an order for his arrest
2. The prisoner shall serve the remaining unexpired portion of the maximum
sentence.
 C. EXECUTIVE CLEMENCY
A. Definition
- Refers to Reprieve, Absolute Pardon, Conditional Pardon with or without
Parole Conditions and Commutation of Sentence as may be granted by the
President of the Philippines.
B. Disqualified offenders:
1. Those convicted for evasion of service.
2. Those who violated the conditions of their conditional pardon
3. Habitual delinquents or recidivists
4. Those convicted for kidnapping for ransom
5. those convicted for violation of RA 9165 or the “The Comprehensive Dangerous
Drugs Act of 2002,” and other drug-related offenses except those convicted only
for use and/or possession of prohibited or regulated drugs
6. those convicted for offenses committed under the influence of drugs
7. those whose release from prison would pose a threat to the public safety or
would constitute a danger to society, and
8. those suffering from dementia or insanity.
C. Kinds of Executive Clemency
A. Pardon
- form of executive clemency granted by the President as a privilege
extended to a convict as a discretionary act of grace.
1. Absolute Pardon
- total extinction of the criminal liability of the individual to whom it is
granted without any condition; it restores to the individual his civil and political
rights and remits the penalty imposed for the particular offense of which he was
convicted.
Legal Basis:
- Except in cases of impeachment or as otherwise provided in the
constitution, the President may grant Reprieves and Pardons and remit fines
and forfeitures after conviction by final judgment.
30
- He shall also have the power to grant amnesty with the concurrence of a majority
of all the members of the congress. ( Sec, Art 7, 1987 Phil. Constitution)
Limitation of Pardoning Power:
1. It cannot be extended to cases of impeachment.
2. It cannot be granted to violation of election law without approval of
COMELEC.
3. It is only exercised after conviction.
2. Conditional Pardon
- exemption of an individual, within certain limits or conditions, from the
punishment which the law inflicts for the offense he had committed resulting in the
partial extinction of his criminal liability.
Distinction between Conditional Pardon and Parole:
Conditional Pardon:
1. Maybe given at any time after final judgment, is granted by the chief executive.
2. For violation of the conditional pardon, the convict may be ordered, re-arrested
or re-incarcerated by the chief executive under Article 95 and Article 159 of Act
3815.
Parole:
1. May be given after the prisoner has served the minimum penalty, is granted by
the BPP under the provisions of the Indeterminate Sentence Law.
2. For violation of the terms of the Parole, the convict cannot be prosecuted under
Art. 95, instead he can be re-arrested and re-incarcerated to serve the un-expired
portion of his original sentence.
3. Amnesty
- is a general pardon extended to a certain class of people who are usually
political offenders. It needs the concurrence of Congress and the Courts also take
judicial notice of the act by the President.
Distinction between Pardon and Amnesty:
Pardon
1. Includes any crime and is exercised individually by the president
2. Exercised when the person is already convicted
3. Merely looks forward and relieves the offender from the consequences of which
he has been convicted.
4. Does not alter the fact that the accused is a recidivist as it produces only the
extinction of the personal effects of the penalty.
5. Does not extinguish the civil liability of the offender.
6. Being a private act by the president must be replaced and proved by the
person.
Amnesty
1. A blanket pardon to classes of persons or communities who may be guilty of
political offense.
2. May be exercised even before trial or investigation is had.
3. Looks backward and abolished and puts into oblivion the offense itself.
4. Makes an ex-convict no longer a recidivist, because it obliterates the last
vestige of the crime.
5. Does not extinguish the civil liability of the offender.
6. Being the proclamation of the Chief executive with the concurrence of
congress, is a public act.
4. Reprieve
- deferment of the implementation of the sentence for an interval of time; it
does not annul the sentence but merely postpones or suspends its execution.
5. Commutation of Sentence
- reduction of the duration of a prison sentence of a prisoner
6. Prescription of Crime
- is the forfeiture or loss of the right of the state to prosecute the offender
after the lapse of certain time.
7. Prescription of Penalty
- is the loss or forfeiture of the right of the state to execute the final
sentence after the lapse of certain time.
 Conditions necessary in Prescription of Penalty  7. Light offenses – 2 months
1. That there must be final judgment.
2. That the period of time prescribed by law for its enforcement has lapse
 The period of prescription of sentence commence
when the sentence imposed is already final. If a convict appealed and
thereafter fled, the penalty imposed upon him would never prescribed,
because pending the appeal the sentence is not yet final. The period of
prescription of penalties commence to run from the date when the culprit
evaded the service of sentence.
 It will only be interrupted if the culprit:
 gives himself up
31
 be captured
 goes to a foreign country with which we have no extradition treaty
 commits another crime before the expiration of the period of
prescription.

 The computation of prescription of offenses or crime shall start to count from
the day of which offense or crime is being discovered by the offended party,
authorities or their agents. It is interrupted by filing of complaint or information. It
would commence to run again when such proceedings terminate without the
accused being convicted or acquitted or are unjustifiably stopped for any reason
not imputable to him. The term of prescription shall not run when the offender is
absent from the Philippines.
Period of Prescription of Penalties
1. Crimes sentence to death and reclusion perpetua – 20 years
2. Afflictive penalties – 15 years
3. Correctional penalties – 10 years
4. Arresto mayor – 5 years
5. Light penalties – 1 year
Period of Prescription of Crimes
1. Crimes punishable by death, reclusion perpetua or reclusion temporal – 20
years
2. Crimes punishable by other afflictive penalties – 15 years
3. Crimes punishable by correctional penalty – 10 years
4. Crimes punishable by arresto mayor – 5 years 
5. Crimes of libel or other similar offenses – 1 year
6. Offenses of oral defamation and slander by deed – 6 months
Other Community Based Release
BP 85 ( Preventive Imprisonment) amended by: R.A 6127
- The accused undergoes preventive imprisonment when the offense
charge is non-bailable or even if bailable he cannot furnish the required bail.
Who may apply?
1. Detention prisoner who are not recidivists, or have been convicted previously
twice or more times of any crime.
2. Detention prisoner when upon being summoned for the execution of their
sentence they have surrender voluntarily.
When to apply?
1. Whenever an accused has undergone preventive imprisonment for a
period equal to or more than the possible maximum imprisonment of the
offense charged to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the same is
under review.
2. In case the maximum penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30) days of preventive imprisonment.
Where to apply?
1. Presiding Judge of the Court
RA 6036 (Release on Recognizance)
- The offender under custody can be released to a responsible person in
the community.
Who may apply?
1. person charged with the violations of municipal or city ordinances.
2. person charged with light felony.
3. person charged with criminal offenses when the prescribed penalty for such
offenses is not higher than arresto mayor and/or a fine of two thousand pesos or
both.
When to apply?
1. When the offender is committed to any BJMP jail.
Where to apply?
1. Presiding Judge of the court
.
R. A 9344 JUVENILE JUSTICE AND WELFARE ACT OF 2006
(f) "Community-based Programs" refers to the programs provided in a
community setting developed for purposes of intervention and diversion, as
well as rehabilitation of the child in conflict with the law, for reintegration into
his/her family and/or community.
(g) "Court" refers to a family court or, in places where there are no family
courts, any regional trial court.
32
(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or
to the placement of a child in conflict with the law in a public or private
custodial setting, from which the child in conflict with the law is not permitted
to leave at will by order of any judicial or administrative authority.
(i) "Diversion" refers to an alternative, child-appropriate process of determining
the responsibility and treatment of a child in conflict with the law on the basis
of his/her social, cultural, economic, psychological or educational background
without resorting to formal court proceedings.
(j) "Diversion Program" refers to the program that the child in conflict with the
law is required to undergo after he/she is found responsible for an offense
without resorting to formal court proceedings.
(k) "Initial Contact With-the Child" refers to the apprehension or taking into
custody of a child in conflict with the law by law enforcement officers or
private citizens. It includes the time when the child alleged to be in conflict
with the law receives a subpoena under Section 3(b) of Rule 112 of the
Revised Rules of Criminal Procedure or summons under Section 6(a) or
Section 9(b) of the same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the child alleged to be in
conflict with the law under immediate custody.
(I) "Intervention" refers to a series of activities which are designed to address
issues that caused the child to commit an offense. It may take the form of an
individualized treatment program which may include counseling, skills
training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.
(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a
parent or custodian who shall be responsible for the appearance in court of
the child in conflict with the law, when required.
(q) "Restorative Justice" refers to a principle which requires a process of
resolving conflicts with the maximum involvement of the victim, the offender
and the community. It seeks to obtain reparation for the victim; reconciliation
of the offender, the offended and the community; and reassurance to the
offender that he/she can be reintegrated into society. It also enhances public
 safety by activating the offender, the victim and the community in prevention
strategies.
(s) "Youth Detention Home" refers to a 24-hour child-caring institution
managed by accredited local government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs) providing short-term
residential care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.
(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility
managed by the Department of Social Welfare and Development (DSWD),
LGUs, licensed and/or accredited NGOs monitored by the DSWD, which
provides care, treatment and rehabilitation services for children in conflict with
the law. Rehabilitation services are provided under the guidance of a trained
staff where residents are cared for under a structured therapeutic
environment with the end view of reintegrating them into their families and
communities as socially functioning individuals. Physical mobility of residents
of said centers may be restricted pending court disposition of the charges
against them.
(u) "Victimless Crimes" refers to offenses where there is no private offended
party.
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of
age or under at the time of the commission of the offense shall be exempt from
criminal liability. However, the child shall be subjected to an intervention program
pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise
be exempt from criminal liability and be subjected to an intervention program,
unless he/she has acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing
laws.
SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the
presumption of minority. He/She shall enjoy all the rights of a child in conflict with
33
the law until he/she is proven to be eighteen (18) years old or older. The age of a
child may be determined from the child's birth certificate, baptismal certificate or
any other pertinent documents. In the absence of these documents, age may be
based on information from the child himself/herself, testimonies of other persons,
the physical appearance of the child and other relevant evidence. In case of doubt
as to the age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing
of the information in any appropriate court may file a case in a summary
proceeding for the determination of age before the Family Court which shall
decide the case within twenty-four (24) hours from receipt of the appropriate
pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is pending in
the appropriate court, the person shall file a motion to determine the age of the
child in the same court where the case is pending. Pending hearing on the said
motion, proceedings on the main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other
government officials concerned shall exert all efforts at determining the age of the
child in conflict with the law.
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been
determined that the child taken into custody is fifteen (15) years old or below, the
authority which will have an initial contact with the child has the duty to
immediately release the child to the custody of his/her parents or guardian, or in
the absence thereof, the child's nearest relative. Said authority shall give notice to
the local social welfare and development officer who will determine the
appropriate programs in consultation with the child and to the person having
custody over the child. If the parents, guardians or nearest relatives cannot be
located, or if they refuse to take custody, the child may be released to any of the
following: a duly registered nongovernmental or religious organization; a barangay
official or a member of the Barangay Council for the Protection of Children
(BCPC); a local social welfare and development officer; or when and where
appropriate, the DSWD. If the child referred to herein has been found by the Local
Social Welfare and Development Office to be abandoned, neglected or abused by
his parents, or in the event that the parents will not comply with the prevention
program, the proper petition for involuntary commitment shall be filed by the
DSWD or the Local Social Welfare and Development Office pursuant to
Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare
Code".

34