WOMEN AND

CHILDREN
PROTECTION DESK

PROCEDURES IN HANDLING
CASES OF CHILDREN IN
CONFLICT WITH THE LAW
(CICL)

Objectives:
1. Explain the role of law enforcement
officers in the case management
process in relation to other dutybearers.
2. Enhance
skills
during
intake,
investigation and referral of CICL
cases.

References:
RA 9344 Juvenile Justice and Welfare Act of 2006 as
amended by RA 10630 An Act Strengthening the
Juvenile Justice System in the Philippines;
PNP Manual in Handling Children At Risk (CAR) and
Children in Conflict with the Law (CICL) Cases
DIDM Investigative Directive Nr 2015-04 re: Intake and
Booking Procedure on the Initial Contact of Children in
Conflict with the Law.

Terminologies:
CHILD any person below 18 years old or above but is not
capable of taking care of himself because of physical or
mental incapability (UN/CRC Definition).
Children in Conflict with the Law (CICL) - a person who at
the time of the commission of the offense is below eighteen
years old but not less than fifteen (15) years and one (1) day
old taken into custody, detained, or charged with the
commission of an act defined and punished as a crime or
offense under the law, including violations of traffic laws, rules
and regulations, and ordinances of local government units

Terminologies:
Child at Risk (CAR)- refers to children who are vulnerable
or at-risk of behaving in a way that can harm themselves or
others: KINDS
- those who are vulnerable and at risk of being pushed and exploited
to come into conflict with the law bec of personal, family and social
circumstances e.g.being a street child or member of a gang.
- those who violate local ordinances concerning juvenile status
offenses like curfew violation, anti-smoking & anti-drinking laws &
commit light offenses and misdemeanors against public order or safety
(public sandal/trespassing)
- those who commit offenses not applicable to children pur to sec 8
of RA 9344 ( Prostitution, Mendicancy and Sniffing of Rugby)

Terminologies:
Initial Contact with the Child - refers to the taking into
custody of a child in conflict with the law by law
enforcement officers or private citizens
Age of Criminal Responsibility fifteen (15) years and
one (1) day old or above but below eighteen (18) years of
age, commits an offense with discernment.
Discernment - means the capacity of the child at the
time of the commission of the offense to understand the
difference between right and wrong and the
consequences of the wrongful act.

Terminologies:
Diversion- refers to an alternative child-appropriate
process of determining the responsibility and treatment of
a child in conflict with the law on the basis of the child's
social, cultural, economic, psychological or educational
background without resorting to formal court adjudication.
Diversion Program- refer to programs that the child in
conflict the law is required to undergo in lieu of formal
court proceedings

Terminologies:

Intervention Programs - refer to a series of

individualized treatment activities or programs designed
to address issues that caused the child to commit an
offense. These may include counseling, skills training,
education, and other activities that are aimed to improve
and enhance the child's psychological, emotional and
psycho-social well being,

From the moment the child is taken into custody, the law enforcement
officer shall observe the following:

1. DOs
Properly identify oneself and present proper identification to the

child.
Immediately notify the childs parents or guardians, the Local
Social Welfare and Development Officer (LSWDO), and the
Public Attorneys Office (PAO) of the childs apprehension. The
notification shall be made not later than eight (8) hours after
apprehension.
It includes the time when the child alleged to be in conflict with the law receives a subpoena under
Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section
6(a) or Section 9(b) of the same Rule, in cases that do not require preliminary investigation or
where there is no necessity to place the child alleged to be in conflict with the law under
immediate custody.

 Explain to the child, in simple language and in a language or

dialect, which the child can understand:

1) The reason for placing the child under custody;
2) The offense allegedly committed; and
3) The childs constitutional rights.
A child in conflict with the law shall only be searched by a law

enforcement officer of the same gender.

2. DONTs
Refrain from using vulgar or profane words
and from sexually harassing or abusing, or
making sexual advances on the child in
conflict with the law.
. Avoid displaying or using any firearm,
weapon, handcuffs or other instruments of
force or restraint, unless absolutely
necessary and only after all other methods
of control have been exhausted and have
failed.

 A child in conflict with the law shall never

be locked up in a detention cell, such as
the barangay lock-up, police station lockup, jails managed by BJMP, provincial jails
and other similar facilities, but shall only be
placed in a Bahay Pag-asa or youth care
facility.
Refrain from subjecting the child in conflict
with the law to greater restraint than is
necessary for his/her apprehension.
. Avoid violence or unnecessary force.

3. Determine the AGE of the child.

4. Take the child immediately to the proper medical or
health officer for a thorough physical and mental
examination. Whenever medical treatment is required,
steps shall be immediately undertaken to provide the
same.

5. IMMEDIATELY but not later than eight (8) hours after

apprehension, turn over the custody of the child to the
LSWDO OR other accredited NGOs. However, in cases
where the child is fifteen (15) years old or below, the
law enforcement officer shall immediately release the
child to the custody of the childs parents or guardian,
or in their absence, the childs nearest relative, upon
assessment and recommendation of the Local Social
Welfare Development Officer.

PROCEDURE:
I.

Treatment of CAR (Child At Risk)

a. The WCPD, in coordination with the DSWD and Brgy.
Officials, shall conduct the RESCUE of CAR who are
vulnerable of being exploited and at risk of harming
themselves.
b. May give advices/payo, turned-over to unoffending
parents or guardians, or to the barangay for proper
disposition.
c. The responding officer should report rescue operation of
CAR and cases of CAR who violate local ordinances and
light offenses to the WCPD Officer and shall enter the
incident in the PINK BLOTTER.
refers to children who are vulnerable or at-risk of behaving in a way
that can harm themselves or others:

II. CICL below the Age of Criminal Responsibility

II.1. Procedure for CICL who commit LIGHT OFFENSES
* Follow the treatment of CAR.
II.2. Procedure for CICL who are REPEAT OFFENDERS or
SERIOUS OFFENSES
2.a. Refer the case and custody of the child to the LSWDO for
PROTECTIVE CUSTODY;
2.b. Refer the case to the LSWDO for the DETERMINATION
of appropriate intervention program; and
2.c. Request the LSWDO for the filing of petition for
involuntary commitment in a BAHAY PAG-ASA.
refers to children who are 15 years old and below at the time of commission
of an offense are EXEMPT from CRIMINAL RESPONSIBILITY. However, the
VICTIM may be ADVISED that a CIVIL CASE may be pursued to determine
the civil liability of the CHILDS PARENTS/GUARDIAN.

II.3. CICL who are above 15 years old but below 18 years of age at the
time of the commission of the offense.
* within 8 hours from INITIAL CONTACT, be referred to
DSWD or LSWDO for the DETERMINATION of
DISCERNMENT.
3.a. CICL who acted WITHOUT DISCERMENT
- If the DSWD certifies that the CICL acted without
discernment, the WCPD shall prepare an investigation report citing
the findings of the DSWD;
- Refer the case to the LSWDO or proper committee for the
conduct of intervention program;
- Close the case if no other case is pending arising from the
incident which the CICL is involved.

3.b. CICL who commits an offense punishable by SIX (6) years

or LESS imprisonment and who acted with discernment ;
b.1 The WCPD shall prepare the initial investigation report
indicating therein the findings of the DSWD;
b.2 Refer the case to the barangay for the conduct of
appropriate diversion program;
b.3 If the diversion fails at the level of the brgy or is
inappropriate, determine if diversion proceedings at the police
level may be conducted;
b.4 If diversion program at the police level fails, prepare
necessary documents and gather relevant evidence and assist the
victim in the filing of the case in the Office of the Prosecutor.
b.5 If the crime is VICTIMLESS, the WCPD should refer the
case to the LSWDO who shall conduct diversion.

3.b. CICL who commits an offense punishable by MORE than

SIX (6) years and who acted with discernment ;
b.1 The WCPD shall prepare the initial investigation report
indicating therein the findings of the DSWD;
b.2 Prepare the necessary documentations and assists the
victim/complainant in filing the case before the prosecutors office.

CICL Case Flowchart for LIGHT OFFENSES

START

Undergo Med
Exam

Incident
Violation
(Option !
)
Give
advice
Release
the child
on the
spot
END

(Option
2!)
Refer to
parents
END

(Option3
!)
Refer to
Brgy/Scho
ol/
Church
END

(Option 4)
Turn over
to WCPD

Notify parents
Call LSWDO
Determin
e age

Intake
Blotter
Turn Over to
LSWD

END

END

N
O

15
&
bel YES
ow
Refer to
parents

CICL Case Flowchart for REPEAT OFFENDERS

/SERIOUS OFFENSE
START

Incident
Violation
Turn over to
WCPD
Intake Blotter

Undergo Med
Exam
Notify Parents

Physical
Turnover to
LSWDO

15
&
YES bel
ow
END

w/Discern
ment
YE
S

N
O

Call LSWDO

Determine Age

Determination of
Discernment

Turn-over
to
parents

N
O

EN
D

Penalty is
more than
6 yrs

N
O
Police
Diversion
Program

YE
S
Refer to
Prosecutio
n

END

END

BOOKING PROCEDURES:
General Procedures:
a. Record all procedures undertaken
investigation including the following:

in

the

initial

1) Whether handcuffs or other instruments of restraint

were used, and if so, the reason for such use;

2) That the parents or guardian of the child, the
Department of Social Welfare and Development, and the
Public Attorneys Office were informed of the taking into
custody of the child and the details thereof;

3) The measures that were undertaken to determine the

age of the child; and

4) The precise details of the physical and medical

examination or in case of failure to submit a child to such
examination, the reason therefore.

BOOKING PROCEDURES:
5) To whom the child was released and the basis for the
release; and

6)
Whether or not the child is exploited in the
commission of the crime.

b. Ensure that all statements signed by the child

during the investigation are witnessed and signed by
the childs parents or guardian, social worker or
legal counsel in attendance.
c. Ensure that should detention of the child is
necessary, it be secured in quarters separate from
that of the opposite sex and adult offenders.

BOOKING PROCEDURES:
Procedures in Taking Fingerprints and Photographs:
a. Record all procedures undertaken
investigation including the following:

in

the

initial

1) The fingerprint and photograph shall be taken

in such a manner that the CICL will not feel
intimidated, harassed or disrespected;
2) The fingerprint and photograph shall be taken
inside the office of the WCPD or in a place where the
privacy of the procedure may be observed, away from
the presence of persons other than the law
enforcement authority, parents/guardian, DSWD
member or counsel of the child;

3) The taking of the fingerprint and the photograph

shall not be made in the presence of the victim, if

BOOKING PROCEDURES:
4) The photograph of the child shall not use the
mug shot wall as a background, but shall be taken in
such a manner that the physical attributes of the child
are captured;

5) The fingerprint of the child shall be taken by

an officer of the same gender; and

6) The childs fingerprint and photograph files

shall be kept separate from those of adults and shall
be kept 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.

BOOKING PROCEDURES:
Procedures in Destroying the Records of the CICL:
The fingerprint and photograph shall be removed from
the files and destroyed:

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.

BOOKING PROCEDURES:
Observance of the Confidentiality of Records of the CICL:
a. The right to privacy of a child in conflict with the law
shall be respected at all stages ofthe 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 consideredprivileged and
confidential.

b. The records of a child in conflict with the law shallnot

be used in subsequent proceedings, whether criminal, civil
or administrative, forcases involving the same offender as
an adult, except when beneficial to the offenderand upon
the offenders written consent.

c. The encoding of the data into the Crime

Incident Recording System (CIRS) shall be done
exclusively by WCPD Officers who have respective

FOR COMPLIANCE OF THE FOUR PPOS

PPO

Date/Time

OPR

Participants

Pangasina
n PPO

Feb. 18, 2016

PIDMB/
WCPD

Investigators, First
Responders and
Patrollers

La Union
PPO

Feb. 19, 2016

PIDMB/
WCPD

Investigators, First
Responders and
Patrollers

Ilocos Sur
PPO

Feb. 22, 2016

PIDMB/
WCPD

Investigators, First
Responders and
Patrollers

Ilocos
Norte PPO

Feb. 23, 2016

PIDMB/
Investigators, First
After Activity Report
WCPDwith complete
Responders and
attachments must reach this office three
Patrollers
days after the activity.

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