The case of the juvenile delinquent in Cebu that reached the Supreme Court

The present problem of juvenile delinquency is not new in Cebu or in our country as this has challenged our criminal justice system even in the 1920s. Such was the case of a minor, who was prosecuted for stealing a "tanzan" and a can of condensed milk costing .70 centavos in a store in Cebu City. This happened sometime in February of 1925.

The Justice of the Peace, convicted the minor who was 14 years old at that time for imprisonment of four years as it was found out that he was a recidivist. When the Justice of the Peace discovered that the accused was a minor he ordered the commitment of the minor accused to a provincial reformatory center. The order of the Justice of the Peace was made on February 26, 1925.

The judgment of the court was for his confinement in the reformatory center called "Lolomboy" until the minor accused reached the age of majority. This was in pursuance to a new enacted law at that time, Act No. 3203, which took effect on December 3, 1924. The title of the new law was "An Act Relating to the care and custody of neglected and delinquent children, providing probation officers thereof, imposing penalties for violations of its provisions," it was also called the Juvenile Delinquent Law.

The law was in response to the situation observed by the members of the National Assembly the unsatisfactory condition of juvenile offenders which are confined with adult and criminal offenders. The minor, questioned the order of the Justice of the Peace and petitioned for issuance of Writ of Habeas Corpus. The minor alleged that he was unlawfully detained and that the order of the Justice of the Peace was unlawful. The case was filed against the Provincial Governor of Cebu who was the Provincial Jailor. The lower court (Court of First Instance) ordered the release of the minor deciding that the justice of the peace has no power to order the confinement of the minor.

The Governor of Cebu, Arsenio Climaco through Provincial Fiscal Diaz appealed the order of the lower court and the case reached the Supreme Court. The Highest Tribunal on September 25, 1925  declared that the law is constitutional and that its prior law, Act No. 1438 enacted by the National Assembly on January 11, 1906 are similar, the substance of which is the confinement of the minor to an Industrial School until he/she reaches the age of majority.

Under Act 3203, requires boys or girls less than 18 years old when found out to have committed a crime, the proceedings will be suspended and that they be confined in a reformatory center for juveniles.

The Supreme Court reversed the order of the lower granting the release of the minor accused and that he be confined in a reformatory center until he reached the age of majority.