REPUBLIC ACT 9160AS AMENDED BY R.A. 10365ANTI-MONEY LAUNDERING ACT OF 2001

DEFINITION OF TERMS:a) COVERED INSTITUTIONS (SECTION 3a)1. All those supervised and regulated by BSP2. All those supervised and regulated by SEC3. All those supervised and regulated by the INSURANCE COMMISSION

b) COVERED TRANSACTION Is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of Php 500,000.00 within 1 banking day

c) SUSPICIOUS TRANSACTION Are transactions with covered institutions, regardless of the amounts involved where any of the following circumstances exist: There is no underlying legal or trade obligation, purpose or economic justification; The client is not properly identified; The amount involved id not commensurate with, the business or financial capacity of the client; Taking into account all known circumstances, it may be perceived that the clients transaction is structured in order to avoid being the subject of reporting requirements under the Act; Any circumstances relating to the transaction which is observed to deviate from the profile of the client and/or the clients past transactions with the covered institution; The transactions is in a way related to an unlawful activity or offense under this Act that is about to be, is being or has been committed; or Any transactions that is similar or analogous to any of the foregoing.

d.) MONETARY INSTRUMENT-it refers to: Coins or currency of legal tender of the Philippines , or of any other country Drafts, checks and notes Securities or negotiable instruments , bonds , commercial papers, deposit certificates, trust certificates, custodial receipt or deposit substitute instruments, trading orders, transaction tickets and confirmation of sale or investments and money marked instruments Other similar instruments where title thereto passess to another by endorsement , assignment or delivery

MONEY LAUNDERING (SECTION 4) Is committed by any person who, knowing that any monetary instrument or property represents , involves, relates to the proceeds of unlawful activity:

( P- -A- -A- -C- - C- -T)

a) Transacts said monetary instrument of property;

b) Converts, transfers, disposes of , moves, acquires, possesses or uses said monetary instrument or property;

c) Conceals or disguises the true nature, source, location, disposition, movement or ownership of or rights with respect to monetary instrument or property;

d) Attempts or conspires to commit money laundering offenses referred to in paragraphs (a), (b), or (c);

e) Aids , abets, assists in or counsels the commission of the money laundering offenses referred to in paragraphs (a), (b), or (c) above; and

f) Performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraphs (a), (b), or (c) above.

Is also committed by any covered person who, knowing that a covered or suspicious transaction is required under this act to be reported to the Anti-Money Laundering Council (AMLC), fails to do soTake Note: AMLA authorizes certain provisional remedies that would aid the AMLC in the enforcement of the AMLA thru FREEZE ORDER AND BANK INQUIRY ORDER.

PUNISHABLE ACTPENALTY (SECTION 10 AS AMENDED)

MONEY LAUNDERING1. 7-14 years of imprisonment and a fine of not less than Php 3,000,000.00 but not more than twice the value of the monetary instrument or property involved in the offense shall be imposed upon a person convicted under Section 4(a), (b), (c) and (d) of this Act.

2. 4-7 years and a fine of not less than Php 1,500,000.00 but not more than Php 3,000,000.00, shall be imposed upon a person convicted under Section 4 and (f) of this Act.

3. 6 months to 4 years or a fine of not less han Php 100,000.00 but not more than Php 500,000.00 , or both, shall be imposed on a person convicted under the last paragraph of Section 4 of this Act.

FAILURE TO KEEP RECORDS 6 months to 4 years or a fine of not less than Php 100,000.00 but not more than Php 500,000.00 , or both

MALICIOUS REPORTING

Any person who, with malice, or in bad faith, reports or files a completely unwarranted or false information relative to money launder transaction against any person 6 months to 4 years imprisonment and a fine of not less than Php 100,000.00 but not more than Php 500,000.00, at the discretion of the court: Provided, That the offender is not entitled to avail the benefits of the Probation Law. If the offender is a JURIDICAL PERSON, the court may suspend or revoke its license.

If the offender is an ALIEN, he shall, in addition to the penalties herein prescribed , be deported without further proceedings after serving the penalties herein prescribed.

If the offender is a PUBLIC OFFICIAL OR EMPLOYEE, he shall in addition to the penalties prescribed herein suffer perpetual or temporary absolute disqualification from offices, as the case may be.

BREACH OF CONFIDENTIALITY3 8 years imprisonment and a fine of not less than Php 500,000.00 but not more than Php 1,000,000.00

UNLAWFUL ACTIVITIES UNDER AMLAAny act or omission or series or combination thereof involving or having relation to the following:1. Kidnapping for Ransom2. Drug Offenses3. Graft and Corrupt Practices4. Plunder5. Robbery and Extortion6. Jueteng and Masiao7. Piracy on the High Seas8. Qualified Theft9. Swindling10. Smuggling11. Electronic Commerce Crimes12. Hijacking, Destructive Arson and Murder13. Securities Fraud14. Felonies or offenses of a similar nature punishable under the penal laws of other countries.

NOTE:

Jurisdiction of Money Laundering Cases The REGIONAL TRIAL COURTS shall have jurisdiction to try all cases on money laundering Those committed by public officers and private persons who are in conspiracy with such public officers shall be under the jurisdiction of the SANDIGANBAYAN.

Under the AMLA, ANY PERSON may be charged and convicted of both the offense of money laundering and the unlawful activity and the proceeds thereof can be confiscated or forfeited in favour of the government.

PRESIDENTIAL DECREE NO. 1829PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS

ACTS PUNISHABLE (Section 1)1. Preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offenders by means of bribery, misrepresentation, deceit, intimidation, force or threats;

2. Altering, destroying, suppressing or concealing any paper, record, document or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of, or official proceedings in, criminal cases;

3. Harboring or concealing, or, facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest, prosecution and conviction;

4. Publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgement, or concealing his true name and other personal circumstances for the same purpose or purposes;

5. Delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscals offices in Tanodbayan, or in the courts,

6. Making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases;

7. Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender

8. Threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition , whether lawful or unlawful , in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases;

9. Giving false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or the court.

Take Note:

If any of the acts mentioned herein is penalized by any other law with higher penalty, the higher penalty shall be imposed upon any person who KNOWINGLY, WILLFULLY OBSTRUCTS, IMPEDES, FRUSTRATES OR DELAYS THE APPREHENSION OF SUSPECTS AND THE INVESTIGATION AND PROSECUTION OF CRIMINAL CASES by committing any of the acts punishable under this decree.

The penalty of PRISION CORRECCIONAL IN ITS MAXIMUM PERIOD OR A FINE RANGING FROM 1,000 TO 6,000 PESOS, OR BOTH.

If any of the foregoing acts is committed by A PUBLIC OFFICIAL OR EMPLOYEE, he shall in addition to the penalties provided thereunder, suffer PERPETUAL DISQUALIFICATION FROM HOLDING PUBLIC OFFICE.

REPUBLIC ACT NO. 4200AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.

ACTS PUNISHABLE: It shall be unlawful for any person:1. Not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape-recorder, or however otherwise described (Section 1 paragraph 1);

2. Be he a participant or not in the act or acts penalized in the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies thereof, of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law; or to replay the same for any other person or persons; or to communicate the contents thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to any other person: PROVIDED, that the use of such record or any copies thereof as evidence in any civil, criminal investigation or trail of offenses mentioned in Section 3 hereof, shall not be covered by this prohibition (Section 1 paragraph 2).

EXCEPTION: Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of : (PPETCCRIIMKV)1. Provoking war and disloyalty in case of war2. Piracy3. Espionage4. Treason5. Conspiracy and proposal to commit rebellion6. Conspiracy to commit sedition7. Rebellion8. Inciting to rebellion9. Inciting to sedition10. Mutiny in the high seas11. Kidnapping as defined by the Revised Penal Code, and12. Violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security (Section 3 paragraph 1)

THE WRITTEN ORDER SHALL ONLY BE ISSUED OR GRANTED: (Section 3 paragraph 1)1. Upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce,

2. That there are reasonable grounds to believe that any of the crimes enumerated herein above has been committed or is being committed or is about to be committed,

PROVIDED, however, That in cases involving the offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition and inciting to sedition such authority shall be granted only upon prior proof that a rebellion or acts of sedition, as the case may be, have actually been or are being committed;3. That there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the prevention of, any of such crimes; and

4. That there are no other means readily available for obtaining such evidence.

THE WRITTEN ORDER OF THE COURT SHALL SPECIFY (Section 3 paragraph 2)1. The identity of the person or persons whose communication , conversations, discussions, or spoken words are to be overheard, intercepted, or recorded and, in the case of telegraphic or telephonic communications, the telegraph line or the telephone number involved and its location;

2. The identity of the peace officer authorized to overhear, intercept, or record the communications, conversations, discussions, or spoken words;

3. The offense or offenses committed or sought to be prevented; and

4. The period of authorization.

Take Note: The authorization shall be effective for the period specified in the order which shall not exceed sixty (60) days from the date of issuance of the order, unless extended or renewed by the court upon being satisfied that such extension or renewal is in the public interest.

REPUBLIC ACT NO. 8049AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR

DEFINITION OF TERMS:a.) HAZING as used in this Act, is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.

b.) ORGANIZATION shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's Army Training.

The physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police as approved by the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the purposes of this Act. IN A CORPORATION, THE PROVISION OF R.A. 8049 WHICH PRESCRIBES PENALTY FOR HAZING, SHALL APPLY TO THE FOLLOWING: (MOPD) Manager Other responsible officer of a corporation engaged in hazing as a requirement for employment President DirectorAGGRAVATING CIRCUMSTANCEThe MAXIMUM PENALTY for VIOLATION of R.A. 8049 shall be imposed in any of the following instances: (AIROB) When the recruitment is Accompanied by force, violence, threat, intimidation or deceit on the person of the recruit, who refuses to join ; When the recruit , neophyte or applicant Initially consents to join, but upon learning that hazing will be committed on his person, is prevented from quitting; When the recruit, neophyte or applicant having undergone hazing is prevented from Reporting the unlawful act to his parents, guardians , to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation; When the hazing is committed Outside of the school or institution; or When the victim is Below twelve years of age at the time of hazing.

THE PRINCIPLE OF PRAETER INTENTIONEM IS NOT APPRECIABLE IF THE CRIME COMMITTED IS HAZING. Section 4 of R.A. 8049 says that any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.

The following persons are LIABLE AS PRINCIPALS in the crime of hazing: (PAPP) Participators officers and members of the fraternity, sorority or organization, who actually participated in the infliction of physical harm upon the recruit PRIMA FACIE EVIDENCE- R.A. 8049, the presence of any person during the hazing is a prima facie evidence of participation therein as a principal unless he prevented the commission of the crime of hazing.

Advisers- failure to take action to prevent its commission give rise to criminal liability on his part

Planners- Sec. 4 of R.A. 8049 states that the officers, former officers, alumni of the organization group , fraternity or sorority who actually planned the hazing although not present when the acts constituting the crime of hazing were committed shall be liable as principals.

Parents- if the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be held as liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.

The following persons are LIABLE AS ACCOMPLICES in the crime of hazing: Owner of the place of commission- when he has actual knowledge of the hazing therein but failed to take any action to prevent the same from occurring; and

School authorities- The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring.

ADMINISTRATIVE CASE Under R.A. 8049, the responsible officials of the school of the police, military or citizens army training organization, may impose the appropriate administrative sanctions on the person or the persons charged with hazing under Section 4 EVEN BEFORE THEIR CONVICTION.

REPUBLIC ACT 9344AS AMENDED BY REPUBLIC ACT 10630AN ACT EXTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

DEFINITION OF TERMS:a. BAHAY PAG-ASA refers to a 24-hour child-caring institution established, funded and managed by 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 above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.Part of the features of a Bahay Pag-asa is an intensive juvenile intervention and support center. This will cater to children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof.b. CHILD refers to a person under the age of eighteen (18) yearsc. CHILD AT RISK- refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following:(1) being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;(2) being exploited including sexually or economically;(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found;(4) coming from a dysfunctional or broken family or without a parent or guardian;(5) being out of school;(6) being a streetchild;(7) being a member of a gang;(8) living in a community with a high level of criminality or drug abuse; and(9) living in situations of armed conflict.d. CHILD IN CONFLICT WITH THE LAW- refers to a child who is alleged as,accused of, or adjudged as, having committed an offense under Philippine laws.e. 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.

f. 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.

g. 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.

h. JUVENILE JUSTICE AND WELFARE SYSTEM- refers to a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development.

i. 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.

j. 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.

k. STATUS OFFENSES - refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like.

MINIMUM AGE OF CRIMINAL RESPONSIBILITY (SECTION 6) 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 is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her birthdate. 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.

STEP 1: DETERMINATION OF AGE (SEC. 7)PRESUMPTION: The child in conflict with the law shall enjoy the presumption of minority.

CONSTRUCTION:In case of doubt as to the age of the child, it shll be resolved in his/her favour.

EVIDENCE OF AGE : DOCUMENTS (BBO) Childs Birth certificate Baptismal certificate Any Other pertinent documents

In the absence of the above documents, information from : (CTA) the Child himself / herself Testimonies of other persons The physical Appearance of the child and other relevant evidence

STEP 2: ASCERTAINMENT OF CRIMINAL LIABILITY BASED ON AGE AND DISCERNMENT1. Child 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

2. If the child is 15 years of age or below- The authority which will have an initial contact with the child, in consultation with the local social welfare and development officer, has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the childs nearest relative. The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or Bahay Pag-asa managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD. 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) A duly registered nongovernmental or religious organization;(b) A barangay official or a member of the Barangay Council for the Protection of Children (BCPC);(c) A local social welfare and development officer; or, when and where appropriate, the DSWD.

PROCEDURE FOR TAKING THE CHILD INTO CUSTODY (SEC. 21)From the moment the child is taken into custody, the law enforcement officer shall :1. Explain to the child in simple language and in dialect that he/she can understand why he/she is being placed under the custody and the offense that he/she allegedly committed;2. Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her;3. Properly identify himself/herself and present proper identification to the child.4. Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child in conflict with the law;5. Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint unless absolutely necessary and only after all other methods of control have been exhausted and have failed;6. Refrain from subjecting the child in conflict with the law to greater restraint than is necessary.7. Avoid violence of unnecessary force.8. Determine the age of the child.9. Immediately but not later than 8 hours after apprehension, turn over custody of the child to the Social Welfare and Development Office or other accredited NGOs and notify the childs apprehension. The Social Welfare and development officer shall explain to the child and the childs parents/guardians the consequences of the childs act with a view towards counselling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate. 10. Take the child immediately to the proper medical and health officer for a thorough physical and mental examination. The examination results shall be kept confidential unless otherwise afforded by the Family Court. 11. Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters separate from that of the opposite sex and adult offenders;12. Record the following in the initial investigation:a. Whether handcuffs or other instruments of restraint were used, ad if so, the reason for such;b. That the parents or guardian of a child, the DSWD and the PAO have been informed of the apprehension and the details thereof ; andc. The exhaustion of measures to determine the age of a child and the precise details of the physical and medical examination or the failure to submit a child to such examination; and13. Ensure that all the statements signed by the child during investigation shall be witnessed by the childs parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement. NOTE:A child in conflict with the law shall be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell.

SYSTEM OF DIVERSIONChildren in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided:(a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment, the law enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer or other members of the LCPC shall conduct mediation, family conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program. The child and his/her family shall be present in these activities.(b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the local social welfare and development officer shall meet with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program, in coordination with the BCPC;(c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion measures may be resorted to only by the court.

DIVERSION MEASURES (SEC. 37)Where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court shall determine whether or not diversion is appropriate.NOTE: The exemption from criminal liability herein established does not include exemption from civil liability.AUTOMATIC SUSPENSION OF SENTENCEOnce the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability 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 suspended sentence, without need of application:Provided,however, That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt. (Sec. 38)

STEP 3: DISCHARGE OF THE CHILD IN CONFLICT WITH THE LAW (SEC. 39)Upon the recommendation of the social worker who has custody of the child, the court shall dismiss the case against the child whose sentence has been suspended and against whom disposition measures have been issued, and shall order the final discharge of the child if it finds that the objective of the disposition measures have been fulfilled.The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense, which shall be enforced in accordance with law.Return of the Child in Conflict with the Law to Court (Sec. 40)If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has wilfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall be brought before the court for execution of judgment.If 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 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.

CREDIT IN SERVICE OF SENTENCE (Sec. 41)The child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention under this Act.

PROBATION AS AN ALTERNATIVE TO IMPRISONMENT.(SEC. 42)The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in lieu of service of his/her sentence taking into account the best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", is hereby amended accordingly.

STATUS OFFENSES (SEC.57)Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child.SEC. 57-A.Violations of Local Ordinances. Ordinances enacted by local governments concerning juvenile status offenses such as, but not limited to, curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well as light offenses and misdemeanors against public order or safety such as, but not limited to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public urination, and trespassing, shall be for the protection of children. No penalty shall be imposed on children for said violations, and they shall instead be brought to their residence or to any barangay official at the barangay hall to be released to the custody of their parents. Appropriate intervention programs shall be provided for in such ordinances. The child shall also be recorded as a child at risk and not as a child in conflict with the law. The ordinance shall also provide for intervention programs, such as counseling, attendance in group activities for children, and for the parents, attendance in parenting education seminars.

OFFENSES NOT APPLICABLE TO CHILDRENPersons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child:Provided, That said persons shall undergo appropriate counseling and treatment program.

***All duty-bearers, including barangay/BCPC workers, law enforcers, teachers, guidance counselors, social workers and prosecutors who will receive report, handle or refer cases of children in conflict with the law, shall ensure a faithful recordation of all pertinent information, such as age, residence, gender, crime committed or accused of and the details of the intervention or diversion, as the case may be, under which they will undergo or has undergone, of all children in conflict with the law to guarantee the correct application of the provisions of this Act and other laws. The JJWC shall lead in the establishment of a centralized information management system on children in conflict with the law. This is however without prejudice to Section 43 (Confidentiality of Records and Proceedings ) of this Act.