Authorizing The Confinement In Rehabilitation Centers Or Reformatories Of Truants And Youths Out Of School For No Legitimate Reason

Case Overview and Summary

Summary of Presidential Decree No. 798

Authorizing Confinement of Truants and Out-of-School Youths

- Aims to address the issue of truant and out-of-school youths who are wasting their time and potential in non-productive activities. (Preamble)

- Defines "legitimate reasons" for being out of school as:
• Poverty (Section 1)
• Illness (Section 1)
• Grave physical or mental defect (Section 1)
• Failure to obtain accommodation in public school due to over-enrollment (Section 1)
• Other analogous reasons (Section 1)

- Covers two categories of youth:
• Any person of school age who is not attending school without legitimate reason. (Section 1)
• Any enrolled student who stays out of school for more than 5 consecutive school days or intermittent periods affecting continuity, without permission and legitimate reason. (Section 2)

- Allows confinement in rehabilitation centers or reformatories upon court order:
• Based on verified petition from parents, guardian, or authority. (Section 3)
• After court finds the youth is out of school or truant under Sections 1 or 2. (Section 3)

- Confinement order is immediately executory with no appeal allowed. (Section 4)

- Period of confinement lasts until:
• For out-of-school youth: Enrolled in recognized school or learned useful trade/vocation. (Section 4)
• For truant youth: 2-month probation first, then confinement if truancy persists. (Section 4)

- Confinement is not considered a penalty, and proceedings are confidential with records destroyed after release. (Section 5)

- Exempts out-of-school youths who failed to enroll before the decree's effectivity, but applies to them in the next enrollment period. (Section 6)