Applicability of the Rule. A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen years old but not less than fifteen 15 years and one 1 day old. This Rule shall not apply to a person who at the time of the initial contact as defined in Sec.
Section 2. The Rule considers the developmental age of the child and the desirability of the child's reintegration in and assumption of a constructive role in society in accordance with the principles of balanced and restorative justice. To attain this objective, the Rule seeks: a To provide child-appropriate proceedings, including programs and services for crime prevention, diversion, rehabilitation, re-integration and aftercare to ensure the normal growth and development of the child in conflict with the law; b To provide procedural rules dealing with children in conflict with the law that take into account their distinctcircumstances, assure all parties of a fair hearing with each party's constitutional and statutory rights recognized and respected, and ensure that appropriate disposition measures are implemented by law enforcers, social services and the courts; c To divert from the formal justice system children in conflict with the law who can be cared for or placed under community continuum alternative programs of treatment, training and rehabilitation in conformity with the principles of balanced and restorative justice;.
Section 4. Bail may be posted in a form such as corporate security, property bond or cash deposit. It seeks to obtain reparation for the victim; reconciliation of the victim, the child in conflict with the law, and the community, and the reassurance that the child in conflict with the law can be reintegrated into society. It also enhances public safety by involving the victim, the child in conflict with the law, and the community in prevention strategies. It also means the least detrimental available alternative for safeguarding the growth and development of the child.
It shall include, among other matters, the child's developmental age; educational attainment; family and social relationships; the quality ofthe child's peer group; the strengths and weaknesses of the family; parental control; the child's attitude towards the offense; the harm or damage done to others resulting from the offense; record of prior offenses, if any; and the attitude of the parents towards the child's responsibility for the offense.
The social worker shall also include an initial determination of the child's discernment in the commission of the offense. Community continuum for the child includes timely release, suitable residence, food, clothing, available employment and sufficient means to facilitate successful reintegration in society which shall be provided by the concerned local government unit and other appropriate agencies. It includes the time the child alleged to be in conflict with the law receives a subpoena under Section 3 b of Rule 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.
