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Republic of the Philippines
REGIONAL TRIAL COURT
12th Judicial Region
BRANCH 20
Tacurong City
THE PEOPLE OF THE CRIM. CASE NO. 5282-PQ &
PHILIPPINES, 5410-PQ to 5412-PQ
Plaintiffs,
-versus- - for –
ROGELIO TANO II Y ADAM
ALIAS MOY-MOY, ET. AL, RAPE
Accused.
x----------------------------------------------x
OPPOSITION TO THE ORDER OF COMMITMENT TO JAIL
UNDERSIGNED, most respectfully avers that:
He received a copy of the September 11, 2019 Order by this Honorable
Court withdrawing the custody of the RRCY over the accused and committing
him to the Sultan Kudarat District Jail, Isulan, Sultan Kudarat.
He opposes the above-mentioned order based on the following:
COMMITMENT OF A CICL TO JAIL IS UNLAWFUL
Section 35 of Republic Act Number 9344 states that:
“SEC. 35. Release on Recognizance. - Where a child is detained, the court
shall order:
(a) the release of the minor on recognizance to his/her parents and other
suitable person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth rehabilitation
center.
The court shall not order the detention of a child in a jail pending trial or
hearing of his/her case.” (emphasis ours)
The law clearly enumerates the only options for the detention of the
CICL which excludes detention in jail and specifically states that the
Honorable Court shall not order the detention of a CICL in jail pending trial
or hearing of his/her case.
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COMMITMENT OF CICL IN JAIL IS REITERATED IN THE
REVISED RULES AND REGULATIONS OF RA 9344 AS AMENDED
BY RA 10630
Rule 64.a. of the Revised Rules and Regulations of Republic Act
Number 9344 as Amended by Republic Act Number 10630 states that:
“Rule 64.a. No Detention in a Jail Pending Trial
Pursuant to Section 35 of the Act, the Court shall not order the detention of a
child in a jail, pending trial or hearing of the case.
Whenever commitment is necessary, a child shall be committed to the “Bahay
Pag-asa” in the province, city or municipality, where the child resides.
In the absence of a “Bahay Pag-asa,” the child in conflict with the law may be
committed to the care of the DSWD or a licensed and/or accredited NGOs,
within the jurisdiction of the Court. The center or agency concerned shall be
responsible for the child’s appearance in Court, whenever required.
A CICL who reaches the age of eighteen (18) years while in the custody
of an institution for the youth, during the pendency of the criminal case,
shall not be transferred to a jail for adults.” (emphasis ours)
The Revised Rules and Regulations of Republic Act Number 9344 as
Amended by Republic Act number 10630 reiterated the prohibition by the law
in detaining a CICL in jail while his case is pending trial or on hearing. A
CICL is considered to still be a child even when he reaches the age of eighteen
(18) years while in custody and during the pendency of the criminal case and
said CICL should not be transferred to a jail for adults.
WHEREFORE, the RRCY vehemently opposes the transfer of the
accused in this case for being contrary to law and its revised rules and
regulations.
September 25, 2019. Tantangan, South Cotabato.
PRINTED NAME AND SIGNATURE
(Position)
RRCY
(Address)
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REQUEST
THE HONORABLE CLERK OF COURT
REGIONAL TRIAL COURT
BRANCH 20
TACURONG CITY
Greetings!
Please submit the foregoing opposition for the consideration and resolution
by this Honorable Court on October 2, 2019 at 8:30 in the morning or as soon
thereafter as may be scheduled by this Honorable Court.
PRINTED NAME AND SIGNATURE
(Position)
NOTICE
PROVINCIAL PROSECUTION OFFICE
Isulan, Sultan Kudarat
ATTY. JOSEPH JEV PALOMAR
Counsel for Accused
PUBLIC ATTORNEY’S OFFICE
Tacurong City
Sultan Kudarat
Greetings!
Please be notified that the undersigned will submit the foregoing opposition
for the consideration and resolution by this Honorable Court on October 2,
2019 at 8:30 in the morning or as soon thereafter as may be scheduled by this
Honorable Court.
PRINTED NAME AND SIGNATURE
(Position)
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Copy furnished:
PROVINCIAL PROSECUTION OFFICE
Isulan, Sultan Kudarat
By: _________________
Date: ________________
ATTY. JOSEPH JEV PALOMAR
Counsel for Accused
PUBLIC ATTORNEY’S OFFICE
Tacurong City
Sultan Kudarat
By: _________________
Date: ________________
