Section 5-1 Processing of the CICL

In all cases, the processing of the CICL shall be conducted by the WCPD. The
processing of the child shall include the following procedures:

a. Notifying the parents/guardians of the CICL within eight hours from initial
contact;

b. Notifying the Local Social Welfare and Development Office and the PAO within
eight hours from initial contact;

c. Recording the personal circumstances of the child and filling out the intake
form in Annex C or D;

d. Determining the age of the child;

e. Gathering evidence if the child is dependent, abandoned, neglected and/or

abused; and

f. Taking the fingerprint and the photograph of the child

The processing of the CICL shall be done within eight hours from the time of the
apprehension of the CICL. In all cases, the physical custody of the CICL shall be
turned-over to the LSWDO within eight hours even though the initial investigation is not
yet terminated. The temporary physical custody of the child, pending turn-over of
custody to the LSWDO, may also be given to an NGO that is licensed and accredited by
the DSWD, a faith-based organization, a foster parent, or a member of the BCPC who is
selected based on the criteria set by the DILG.

1.1 Sending notices to parents and LSWDO. Immediately upon receipt of the custody
of the child, the WCPD Officer or any police officer shall:
 a. Notify the parents and/or guardians of the child and shall request their
immediate presence in the police station and to bring any proof of the age of the
child.

b. Notify the LSWDO and PAO that a CICL is in custody of the WCPD.

c. Record these facts in the Pink Blotter or Mandatory Registry, including the
responses of the persons or officers concerned.

1.2 Interviewing the CICL and filling up the intake form. Upon receipt of the custody
of the CICL, the WCPD Officer shall interview the child and shall fill out the intake form
in Annex C or D;

a. What to ask during initial interview

The WCPD shall interview a child, only for the purpose of:

1) Determining the child’s personal circumstance including among others,

his or her name, name of his or her parents, the child’s date of birth, and
home address.

2) Determining the age of the child in accordance with Section 5-3.1.

3) Determining if the child is Dependent, Abandoned, Repeat Offender,

Neglected or Abused (DARNA).

4) Determining if the child had been hurt or otherwise injured by the

apprehending officer. If the child alleges that he she was hurt/injured by
the apprehending officer, the WCPD shall proceed in accordance with
Section 5-1.2d.

b. What not to ask during the initial interview

The WCPD and/or any police officer in contact with the CICL shall never ask the
child about the crime that has just been committed except in the following cases:
 1) The CICL is not criminally liable because he/she is 15 years old or
below, or even 15 years old above but did not act with discernment;

2) The CICL agreed to undergo diversion as mentioned in Chapter 6 and

the CICL and his/her parents or guardians have signed the

Consent to Diversion Form;

3) The CICL is willing to make a statement. In which case, the rules set
forth in Section 5-3.1 shall be followed; or

4) The CICL is subjected to a legal and proper custodial investigation as

provided in Section 3-3.2.

No police officer shall compel any child to make any statement or provide any
information that might incriminate the child.

c. How to conduct the interview

The WCPD Officer who interviews the child shall:

1) Conduct the interview in a child friendly manner which allows the child
to participate and express herself/himself freely;

2) ensure that the apprehending officer is not present during the interview
of the CICL;

3) conduct the interview in a place that will promote the confidentiality,

security and comfort of the CICL;

4) Immediately notify and summon the parents or guardians if the child’s

parents are not yet present;

5) Explain the purpose of the interview;

6) Ensure that the interview is child-friendly and non-threatening;

7) Be patient in managing the child;

 8) Avoid unnecessary interruptions, distractions and/or participation from
non-parties during the interview;

9) Use simple and understandable language in taking the statement of the

child;

10) Listen to what the child says and take note of what the child actually
says during the interview;

11) Be neutral to the parties by using open-ended questions and refrain

from being judgmental or from lecturing for or against any of the parties
present; and

12) Assure the child and his/her parents of the confidentiality of the case.

The WCPD Officer shall interview the CICL separately from the victim. The
WCPD should avoid face-to-face confrontation unless both the victim and CICL are
ready to listen to the other party.

The WCPD officer shall, in any statement or information made by the child
referring to the crime, require the presence of the following persons:

(a) The child’s counsel of choice or in the absence thereof, a lawyer from
the PAO;

(b) The child’s parents, guardians, or nearest relative, as the case maybe;
and

(c) LSWDO.

d. Where the CICL had been hurt, injured or abused by the apprehending
officer

If the CICL had been hurt, injured or abused by the apprehending officer or by
any citizen, the WCPD shall treat the CICL as a victim in so far as the incident is
concerned.
 The WCPD shall follow the protocol for investigating, reporting and disposing a
child abuse case.

1.3 Determining the Age of the Child. The best evidence to prove the age of a child is
an original or certified true copy of the Certificate of Live Birth. In the absence of a
Certificate of Live Birth, similar authentic documents such as baptismal certificate and
school records or any pertinent document that show the date of birth of the child such
as but not limited to, the dental records, travel papers, etc. may be admitted.

The law enforcement officer may obtain the above documents from any of the
following:

a. Parents, guardian or relatives of the child (for copies of any of the above
documents);

b. Local Civil Registrar or the National Statistics Office (for a copy of the birth
certificate);

c. School where the child attends (for school records, dental records, birth
certificate or baptismal certificate, when required by the school);

d. Local Health Officer (for medical records); and

e. Church (for baptismal records).

If the above documents cannot be obtained or pending receipt of such

documents, the law enforcement officer shall exhaust other measures to determine the
age of the child by:

a. Interviewing the child and obtaining information that indicate age (e.g., date of
birth, grade level in school);

b. Interviewing persons who may have knowledge of the age of the child (e.g.,
relatives, neighbors, teachers, classmates);

c. Evaluating the physical appearance (e.g., height, built) of the child; and
 d. Obtaining other relevant evidence of age.

In case of doubt as to the age of the child, the WCPD shall resolve the doubt in
favor of the child’s minority because CICL enjoy the presumption of minority.

The WCPD shall ensure that the child shall enjoy all the rights of a CICL, until the
child is proven to be 18 years old or older, at the time of the commission of the crime.

The WCPD may obtain the assistance of the LSWDO, the BCPC, the NSO, the
DepEd and other agencies in gathering documents and other relevant information in
ascertaining the age of the child.

1.4 Gathering evidence if the child is DANA. The WCPD Officer processing the child
shall to the best of his/her abilities gather evidence that may prove that the child is:

Dependent – the child is without a parent, guardian or custodian; or one who’s

parents, guardian or other custodian for good cause desires to be relieved of the
child’s care and custody; and is dependent upon the public for support, as
provided in Art. 141(1), Title VIII of P.D. 603.

Abandoned – the child has no proper parental care or guardianship or when the
child’s parents or guardians have deserted the child for a period of at least six (6)
continuous months, as provided in Art. 141(2), Title VIII of P.D. 603.

Neglected –the child’s basic needs have been deliberately unattended or

inadequately provided, as provided in Art. 141(3) of P.D. 603.

Abused –upon the evaluation of the LSWDO, the child is determined to be

maltreated, whether habitual or not, as defined in Section 3(b) of Republic Act

No. 7610, or the “Special Protection of Children Against Abuse, Exploitation and

Discrimination Act” [“R.A. 7610”].

 The WCPD Officer shall record the findings in the Pink Blotter or Mandatory
Registry and shall turn over the physical custody of the child and refer the case
according to the rules and procedures provided under Section 5-4.

1.5 Taking the fingerprint and photograph of the child. In taking the fingerprint and
photograph of the CICL, the following rules shall be followed:

a. In all cases, the child shall be treated with humanity and respect consistent
with the promotion of the child’s sense of dignity and worth;

b. The fingerprint and photograph shall be taken in such a manner that the CICL
will not feel intimidated, harassed or disrespected;

c. The fingerprint and the photograph of the child shall only be taken by a WCPD
officer of the same gender;

d. The fingerprint and photograph shall be taken inside the WCPD office or in a
place where the privacy of the procedure may be observed, away from the
presence of persons other than the parents/guardians, DSWD member or
counsel of the child;

e. The taking of the fingerprint and the photograph shall not be made in the
presence of the victim, if there is, or of the media;

f. In taking the fingerprint of the CICL, the WCPD Officer shall ensure that the
forms used are not labeled with the words “criminal”, “youth offender”, “juvenile
delinquent” or other such similar terms;

g. In taking the photograph of the CICL, the standard mug shot wall shall not be
used as a background. Lateral view shall not be photographed and the nametag
shall not be used. It is sufficient that said photograph be taken in such a manner
that the physical attributes of the child are captured;

h. The CICL's fingerprint and photograph files shall be kept separate from those
of adults and be made confidential. They may be inspected by law enforcement
 officers only when necessary for the effective discharge of their duties or upon
prior authority of the court; and

i. The fingerprint and photograph shall be removed from the files and destroyed
according to the rules and procedures provided under Chapter

8 Section 8-6.2.

1.6 Procedure for destroying the records of the CICL. The fingerprint and
photograph shall be removed from the files and destroyed in the following
circumstances:

a. If the case against the child is not filed, or is dismissed; or

b. When the child reaches twenty-one (21) years of age and there is no record
that the child committed an offense after reaching eighteen (18) years of age.

1.7 Observance of Confidentiality of the records of the CICL

a. The right to privacy of a CICL shall be respected at all stages of the

proceedings. As such, all records and proceedings involving children in conflict
with the law, from initial contact until the final disposition of the case, shall be
considered privileged and confidential.

b. The records of a CICL shall not be used in subsequent proceedings, whether

criminal, civil or administrative, for cases involving the same CICL as an adult,
except when beneficial to the CICL and upon his/her written consent.

c. The encoding of the data into the e-blotter shall be done exclusively by

WCPD Officers who have assigned username and password.

 Prevalent Juvenile Cases

The most common juvenile crimes are typically juvenile misdemeanor

crimes. These may include:

 Vandalism and graffiti charges

 Shoplifting and other petty theft charges

 Simple assault (especially due to fighting incidents)

 Underage drinking violations

 Joyriding a car

Many juvenile crimes also involve first-time offenses. While most juvenile cases
involve misdemeanors, there are also many juvenile felonies filed every year for
more serious crimes such as homicide and grand theft.

Juvenile Misdemeanors- are crimes that are committed by minors (usually,

under 18 years of age in most states).  Misdemeanors are generally categorized
as less serious than felonies, but more serious in nature than infractions. Some
common examples of misdemeanors include assault, shoplifting and other theft
crimes, and “minor in possession of alcohol”. Juvenile Crime laws can be very
different from region to region. 

While misdemeanor are not always as serious as felonies, misdemeanors

committed by young minors are of much concern. This is because serious legal
consequences can still result for juvenile offenders. These can include monetary
fines and/or time in a juvenile jail facility.

On the other hand, alternative consequences are often available for juvenile
offenders, especially first-time offenders.  For instance, the judge may require
that the defendant perform community service or undergo house arrest rather
 than having to serve a jail sentence. This is because most communities would
prefer that younger offenders be given a chance to remain active in society due
to their age.

PREVALENT CASES OF JUVENILES

The most common juvenile crimes are typically juvenile misdemeanor crimes. These

may include:
 Vandalism and graffiti charges
 Shoplifting and other petty theft charges
 Simple assault 
 Underage drinking violations
 Gambling
 Mendicancy
 Littering
Many juvenile crimes are considered misdemeanor offenses. However, juveniles may
commit serious felony offenses. Juvenile crimes are generally not punished in the same
way as adult offenses.
The focus in the juvenile justice system is to rehabilitate the juvenile offender. The
juvenile may have alternative punishments to incarceration in a juvenile detention
center, such as community service, educational courses, and rehabilitation courses,
payments of fines or rehabilitation.
REPUBLIC ACT NO. 10630 AN ACT STRENGTHENING THE JUVENILE JUSTICE
SYSTEM IN THE PHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 9344, OTHERWISE KNOWN AS THE "JUVENILE JUSTICE AND WELFARE
ACT OF 2006"
 Section 11. Section 57 of Republic Act No. 9344 is hereby amended to read as
follows:
"SEC. 57-A. Violations of Local Ordinances. – Ordinances enacted by local
governments concerning juvenile status offenses such as, but not limited to, curfew
violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well
as light offenses and misdemeanors against public order or safety such as, but not
limited to, disorderly conduct, public scandal, harassment, drunkenness, public
intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public
urination, and trespassing, shall be for the protection of children. No penalty shall be
imposed on children for said violations, and they shall instead be brought to their
residence or to any barangay official at the barangay hall to be released to the custody
of their parents. Appropriate intervention programs shall be provided for in such
ordinances. The child shall also be recorded as a ‘child at risk’ and not as a ‘child in
conflict with the law’. The ordinance shall also provide for intervention programs, such
as counseling, attendance in group activities for children, and for the parents,
attendance in parenting education seminars."