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Question

SPECIAL PENAL LAWS:

K. Juvenile Justice and Welfare Act (R.A. No. 9344, as amended by R.A. No. 10630, secs. 4, 6-7, 20, and 38)

Question:

Several provisions of the Juvenile Justice and Welfare Act have been amended by Republic Act No. 10630. In light of these amendments, analyze the following situations and determine the appropriate course of action:

1. A 16-year-old minor was caught stealing a valuable item from a department store. The store owner wants to press charges against the minor. Can the owner proceed with the criminal case against the minor? Explain.
2. A 15-year-old minor was apprehended for involvement in a gang-related fight that resulted in injuries. The minor claimed self-defense. Can the minor invoke self-defense as a defense? Explain.
3. A 17-year-old minor was found in possession of illegal drugs during a random police search. Can the minor be subjected to mandatory drug testing? Explain.
4. A 14-year-old minor committed a serious offense that falls under the category of an "unconscionable act" under R.A. No. 9344. Can the minor be exempted from criminal liability due to age? Explain.
5. An 18-year-old minor who previously availed of diversion programs under R.A. No. 9344 committed a repeat offense. Can the minor still be eligible for diversion under R.A. No. 10630? Explain.

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Answer