Determination of Age The child in conflict with the law shall enjoy the

Determination of age the child in conflict with the

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Determination of Age. 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 the law until he/she is proven to be eighteen (18) years old or older. 1) The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. 2) 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 filed 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. 7, Rep. Act No. 9344) Facts from which age is presumed must be stated for the record. The officer or court called upon to make a finding as to the age of the accused should state in the record, not merely a general statement of the personal appearance of the accused, but the particular fact or facts concerning personal appearance which lead such officer or court to believe that his age was as stated by said officer or court. It would seem that this provision presupposes that the minor committed the crime, but that the court finds that he acted without discernment. L. HOW ARE PENAL LAWS TO BE CONSTRUED AS TO MINOR OFFENSES Penal laws should be liberally construed in favor of the child in conflict with the law pursuant to Sec 3 or RA No. 9344. Considering the gravity of the offense and in the interest of justice, the Court may admit the birth certificate to prove minority despite not being presented or offered in the trial court. Fact of minority is established by an official document prepared by the Department of Social Services and Developments….judicial notice can be taken thereof ex mero motu. M. MAY A MINOR FOUND CRIMINALLY RESPONSIBLE NEVERTHELESS ESCAPE PENALTY N. WHAT IS REQUIRED FOR THE CIRCUMSTANCE OF ACCIDENT TO BE ACCEPTED An accident is an occurrence that "happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences." It connotes the absence of criminal intent.
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  • Spring '17
  • john doe

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