However, whether your prosecution find that boy acted which have discernment, the child will likely be continued up against prior to Secs
(3) On the absence of the fresh data files significantly less than sentences step one and you may dos in the point on account of loss, destruction or unavailability, the testimony of your boy, new testimony regarding a member of the family about the newest man by affinity otherwise consanguinity that is capable to testify toward things valuing pedigree like the exact many years or big date out of beginning of your man pursuant in order to Sec. 40, Rule 130 of Laws and regulations to your Research, the testimonies out of almost every other persons, the new appearance of your boy or any other related facts, should serve.
Load from Proof of Years. – Anybody alleging age the child in conflict having what the law states provides the load out of exhibiting the age of such guy.
If for example the age of the kid is contested prior to the filing of your own 
information inside legal, a case getting devotion of age around summary continuing is generally recorded just before a judge and therefore shall offer the choice contained in this twenty four hours out of receipt of suitable pleadings of all of the functions. (n)
Part 7. Exception off Criminal Accountability. – A kid 15 years of age or less than during the time of the fee of your own crime can be exempt from criminal responsibility. But not, the kid is going to be confronted with an intervention program as provided having inside Republic Act No. 9344 whenever agreed to by child together with mothers. (a)
Section 8. Process of Handling Students Exempted from Violent Accountability. – When it is determined at the 1st contact that son is actually 15 years of age or below, the method considering for the Point 20, Republic Operate No. 9344 should be observed below:
(a) This new authority who had the original experience of the child shall instantly launch the child into the child custody of your own mother or father, or the suitable protector otherwise custodian, or perhaps in the lack, the new nearest relative.
(b) This new authority will instantaneously alert the local societal appeal and you will innovation administrator of delivering of one’s man towards custody.
(c) Your regional public interests and you will invention manager should, to the consent of child as well as the individual which have infant custody across the son, determine appropriate intervention applications on the boy.
(d) When your child’s mothers, guardians or nearby friends can’t be receive, or if they won’t take custody, the child is released to your of your own pursuing the: a properly joined nongovernmental or spiritual providers; good barangay authoritative or a member of the Barangay Council for the security of children; an area public welfare and you may invention officer; or, when and where compatible, the fresh Department away from Social Hobbies and you may Invention.
(e) In case the boy has been found from the local societal passion and you can innovation workplace to get quit, neglected or mistreated by the mothers, or if mom and dad in addition to kid do not say yes to otherwise do not comply with new cures program, the fresh Institution away from Public Interests and you will Creativity or the Local Societal Interests and Development Office shall file before courtroom a good petition having unconscious union pursuant in order to Presidential Decree Zero. 603, also referred to as “The kid and Youth Hobbies Code.” (a)
Area six
Point 9. Procedure of College students Perhaps not Exempted out-of Criminal Liability. – Children fifteen (15) age plus one (1) time dated or a lot more than but below to try to get (18) yrs . old during the newest fee of your own offense should, within voice discernment of your own legal and subject to their supervision, end up being create to the recognizance into care of the newest willing and in charge mother, otherwise appropriate protector otherwise caretaker, otherwise, within their lack, the fresh new nearby relative. twenty-five so you can 30 otherwise, in the event of diversion, Secs. 29 to 38 of this Code.