Legal Options for Minors Accused of Being an Accessory to Physical Injury in the Philippines
Query:
A 16-year-old granddaughter is being held for allegedly being an accessory to physical injury. She helped her friend get away from a brawl but didn't harm anyone. The mother of the other party insists otherwise. The police plan to inquest the minors and send them to Youth Homes while awaiting court hearing. What can be done in this situation?
Answer:
Legal Framework for Minors:
In the Philippines, the handling of juvenile offenders is primarily governed by the Juvenile Justice and Welfare Act (R.A. 9344), which provides for the creation of Youth Homes for rehabilitation.
Police Custody and Inquest:
Being subject to inquest means that the police have taken initial steps in filing a criminal complaint. The Youth Homes serve as detention centers for minors pending court hearings.
Legal Remedies:
Legal Representation: The most immediate step is to secure legal representation for your granddaughter. A lawyer can guide you through the inquest process and help ensure that her rights are upheld.
Produce Evidence: If there are any witnesses or video footage that can prove that your granddaughter did not participate in causing physical injury, these should be presented during the inquest.
Bail: Depending on the severity of the charges, bail might be an option to secure her temporary liberty while awaiting trial.
Sworn Statements: Collect sworn statements from any witnesses who can testify that your granddaughter was not involved in causing physical injury but was trying to stop the fight.
Filing a Counter-Affidavit: Your granddaughter has the right to file a counter-affidavit during the preliminary investigation to dispute the allegations against her.
Youth Homes:
While awaiting the court hearing, minors are typically held in Youth Homes, which are designed to be more rehabilitative than punitive. However, your lawyer can argue for alternative measures if it's in the best interest of your granddaughter.
Summary:
Given the complex and urgent nature of the situation, it's crucial to consult with a qualified attorney who can help navigate the legal system and protect your granddaughter's rights.
Note: This article is for informational purposes only and should not be considered as legal advice. For personalized guidance, consult a qualified legal professional.