Text of the provision
Sec. 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four
(24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court. If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government, or duly-licensed agencies or any other responsible person, until he has had reached eighteen
(18) years of age or, for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he has been committed. The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe. The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases.
Special Protection of Children Against Abuse, Exploitation and Discrimination Act, Republic Act No. 7610 (1992). Reproduced in full from the official enactment and verified word-for-word against the LawPhil and ChanRobles renderings.
What this section means
A child arrested for reasons related to armed conflict is entitled to separate detention from adults, immediate free legal assistance, immediate notice to parents or guardians, and release on recognizance within twenty-four (24) hours to the Department of Social Welfare and Development or a responsible community member. If the court finds the acts committed it determines the imposable penalty and civil liability but suspends further proceedings instead of convicting, committing the child to care until eighteen (18) years of age or a shorter period; the child remains under visitation and supervision and may appeal the suspension order as in criminal cases.
Related provisions
- Section 24 — Family Life And Shelter.
- Section 26 — Monitoring And Reporting.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.