BARANGAY PROTOCOL

IN MANAGING CASES OF CHILDREN IN CONFLICT WITH THE LAW

AND CHILDREN AT RISK
TABLE OF CONTENTS
Content Page

Chapter 1
BEFORE USING THIS MANUAL 3

Chapter 1-A
SOME ADMINISTRATIVE MATTERS 4

Chapter 1-B
KNOW THE DIFFERENCE BETWEEN CICL AND CAR 8

Chapter 2
INITIAL CONTACT WITH THE CICL (AND INITIAL INTERVIEW) 11

Chapter 3
INTERVENTION PROGRAM & CUSTODY OF CICL WITHOUT DISCERNMENT 42

Chapter 4
DIVERSION OF CICL 53

Chapter 5
THE CHILD AT RISK 67

Chapter 5-A
HANDLING A CAR UNDER R.A.9344 68

Chapter 5-B
INTERVENTION OF CAR 72

Chapter 6
PREVENTING CICL 81
 CHAPTER I
BEFORE USING THIS MANUAL

CHAPTER I-A
Page 4 Some administrative matters

Page 8 CHAPTER I-B

Know the difference between a CICL and a CAR

3
 CHAPTER I-A
SOME ADMINISTRATIVE MATTERS
This Manual is for the use of the following when dealing with children in conflict with the law (CICL)
or children at risk (CAR) under Republic Act 9344 as amended:

Punong barangay and barangay kagawad

Any barangay committee or appointed volunteer involved

in child protection

Barangay tanod

Members of the Barangay Council for the Protection of

Children (BCPC)

First Be familiar with the letters and numbers in this Manual.

BCPC Barangay Council for the Protection of Children

CICL Child in Conflict with the Law; Children in Conflict with the Law

CAR Child at Risk; Children at Risk

DSWD Department of Social Welfare and Development

JJ Juvenile Justice

LSWDO Local Social Welfare and Development Officer; may be the City Social Worker and
Development Officer or the Municipal Social Worker and Development Officer

NGO Non-government organization

RA 9344 Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” as amended by
Republic Act No. 10630

WCPD Women and Children Protection Desk

4
 Be familiar with the the people you will be regularly coordinating with when
Second implementing RA 9344.

The barangay must establish a communication and coordination system with the following to
facilitate the handling of CICL cases (and also of CAR cases):

LSWDO (and other DSWD officials in WCPD of the Philippine National

the Region); Police; and

Public Attorney’s Office; Regional Juvenile Justice and Welfare

Council
Local health officers;

The barangay must also have an established network with:

School officials within NGOs assisting Faith-based

the barangay children organizations

Knowing them ahead and establishing a network with them will help the barangay in implementing
the law more easily.

Third Have a ready directory as reference when handling CICL cases.

The barangay has a short time period to handle a CICL from time of initial contact. Having a directory
available at the barangay will help in more easily implementing the law.

Please fill out the directory in the next page (also Annex A) and have a copy readily and visibly
available at the barangay hall.

5
 BARANGAY DIRECTORY
Contact details to assist a CICL and a CAR

Phone numbers/
NAME/s Addresses
LSWDO (Barangay)
LSWDO (City, Municipality or
Province)

Fill-out and then tear or photocopy for barangay reference (Copy also in Annex F of Manual)
PAO

Regional JJWC Officer

PNP - WCPD

Police Community Precinct

Barangay health workers

Local health officers/
health center
Doctors residing in the
barangay
Local civil registrar

NGOs assisting children

Faith-based organizations

School officials

6
 Also Be familiar with the Flowcharts and Forms for barangays.

Always have copies of the following available to all those who are implementing RA 9344 in the
barangay:

1. Flowcharts A to C-1 (Annexes A to C of this Manual)

2. Flowchart on handling a child who violated an ordinance (Annex D of this Manual)

3. Forms for Barangays (Annexes E-1 to E-4 of this Manual)

The flowcharts and forms are essential to properly implement the law.

Finally Have the following on file.

To most effectively implement RA 9344 and use this Manual, please also have copies of the following
ready for reference:

1. RA 9344 as amended

2. Implementing rules of RA 9344 as amended

3. Integrated Care Management Protocol for the Implementation of RA 9344

7
 CHAPTER I-B
KNOW THE DIFFERENCE BETWEEN A CICL AND A CAR
A CICL (Child in Conflict with the Law) is different from a CAR (Child at Risk).

Know when the child is considered a CICL or a CAR. And then, you will know what chapters to use in
this Manual.

When is a child in conflict with the law (CICL)?

A CICL refers to a child who is “alleged as, accused of, or adjudged as, having committed an offense
under Philippine Laws.”

Examples of CICL are children who are accused of committing theft or robbery, physical injuries,
malicious mischief, rape, or murder.

When is a child at risk (CAR)?

A child is a CAR (and not a CICL) if he/she violates:

1. local ordinaces concerning juvenile status offenses;

2. light offenses and misdemeanors against public order or safety; or
3. offenses not applicable to children and exempt them from prosecution.

CICL (Child in conflict with the law) CAR (Child at Risk)

At the barangay level WHEN does a child When does an ordinance cover a “juvenile
become in conflict with the law? status offense”?
Once a child is taken into custody by the If an ordinance covers conduct of minors that
barangay because the child is accused of having is not considered an offense or not penalized
committed an offense under Philippine law, the if committed by an adult, this ordinance is
child is already considered a CICL. considered to cover juvenile “status offenses”.
8
 CICL (Child in conflict with the law) CAR (Child at Risk)

When handling a CICL, what chapters of The conduct convered by such ordinance shall
this Manual do I use? not be considered as an offense, and shall not be
Chapters Two to Three of this Manual; and punished, if committed by a child.
Flowcharts A to C-1 (Annexes A to C)
What are examples of local ordinances
Illustration: When is a child a CICL? concerning juvenile status offenses?
The child who commits any of the following is a
If a child is brought by a store owner to the CAR:
barangay because the child allegedly stole food curfew violations
from the store, the child is already a CICL from truancy
the time the store owner apprehends the child. parental disobedience
anti-smoking ordinances
If a child is brought by the store owner to the anti-drinking ordinances
barangay because the child appears to be lost other ordinances enacted by local
and cannot find his parents, the child is not a governments concerning juvenile status
CICL. offenses

If the store owner thinks he saw a child steal What light offenses and misdemeanors
something from the store but does not report against public order or safety will make a
the child to the barangay, the child is not a CICL. child a CAR?
disorderly conduct
If the barangay tanod took custody of a child public scandal
who is at the store around 11 p.m. (past the 9:30 harassment
p.m. curfew time imposed by the barangay), the drunkenness
child is not considered a CICL under RA 9344. A public intoxication
violation of a curfew ordinance is not an offense criminal nuisance
under Philippine law. However, the child may be vandalism
considered a CAR. (See discussion below and in gambling
Chapter Five at page 67) mendicancy
littering
CICL and the four-fold role of barangays public urination
The barangay plays an important role in four key trespassing
areas concerning CICL.
What offenses are not applicable to chil-
1. Taking custody of the CICL
(See Chapter Two on INITIAL CONTACT) dren but make them CAR when committed?
If the child commits any of the following offenses,
2. Assisting in determining where to turnover the child is exempt from prosecution but is con-
a CICL who acted without discernment and sidered a CAR:
in implementing the child’s INTERVENTION 1. prostitution (under Section 202 of the
9
 CICL (Child in conflict with the law) CAR (Child at Risk)

program Revised Penal Code)

(See Chapter Three on INTERVENTION and DETERMINING CUSTODY)

2. mendicancy (under Presidential Decree No.

3. Conducting Diversion Proceedings and 1563)
Assisting in implementing the DIVERSION
program for CICL with discernment 3. sniffing of rugby (under Presidential Decree
(See Chapter Four on DIVERSION)
No. 1619)
4. PREVENTING children to be at risk and to
run in conflict with the law When handling a CAR, what chapters of
(See Chapter Six on PREVENTION) this Manual do I use?
Chapter Five of this Manual and the correspond-
ing Flowchart on the handling of a child at risk
who violated an ordinance or committed a
light offense or misdemeanor (Annex D of this
Manual) will be used for the CAR.
Chapter Six of the Manual also describes the
programs of the barangay to help prevent CAR
Remember who
from becoming CICL.
a t R i s k (CAR)
A Child or
a n o rdinance
violated a light offe
nse NOTE: There are other types of CAR not
i t te d ted
comm a n or as lis covered by this Manual.
s d e m e
or mi L. This Manual only covers the CAR described
not a CIC
above is above. There are other types of CAR-- those “who
are vulnerable or at-risk of behaving in a way
that can harm themselves or others, or vulner-
able and at-risk of being pushed and exploited
to come into conflict with the law because of
personal, family and social circumstances.
There are separate laws and manuals used
when addressing cases of other CAR (Ex: street
children; physically or sexually abused children;
children living in armed conflict). Do not use this
Manual for other types of CAR.

10
 CHAPTER II
INITIAL CONTACT WITH THE CICL

11
 CHAPTER II
INITIAL CONTACT WITH THE CICL (AND INITIAL INTERVIEW)

Have the following ready: Once a child is taken into custody by the barangay
Flowchart A (Annex A)
F)
because the child is accused of having committed
Directory of contacts (Annex
CICL Logbook (Annex G) an offense under Philippine law, the child is already
)
BCPC Form No. 1 (Annex E-1 considered a CICL.

When is there initial contact with the CICL?

There is ‘initial contact’ once a barangay official, BCPC member or private citizen apprehends or
takes into custody a CICL for allegedly committing an offense.

What should the barangay do upon apprehending or taking custody of the CICL?

Remember the code: Id-Ex-Reg-In + Form-OA + Med-T-R

Part 1: Id-Ex-Reg-In
Part 2: Form-OA
Part 3: Med-T-R

All these steps to be done within eight hours from apprehension of the CICL.

Part 1: Id-Ex-Reg-In
Immediately upon taking the CICL into custody, the barangay official must first:
1. Identify self to CICL
2. Explain to child: r.o.c.
reason for taking child into custody
offense allegedly committed
constitutional rights
3. Register in CICL logbook
12
 Part 1: Id-Ex-Reg-In
4. Inform child’s parents/guardians, social worker, PAO, and local health officer

Id-Ex-Reg-In + Form-OA + Med-T-R

What’s the proper way to IDENTIFY yourself to the CICL upon initial contact?

1. Introduce youself as “ate” or “kuya” to the CICL;

2. Mention your role in the barangay (“Ako ay tanod dito sa Barangay 143...);
3. Show the proper identification card o wear your uniform as a barangay official or BCPC
member; and
4. Use a child-friendly approach (words, tone, behavior)

What do you EXPLAIN to the CICL?

Explain r.o.c. or the:

1. reason for taking the child into custody

2. offense allegedly committed
3. constitutional rights of the child

Using simple language/dialect that the CICL understands, the barangay official taking custody of the
child must explain in a child-friendly manner the following:

1. reason the CICL is taken to custody

“You are brought here to the barangay hall by Mang Juan who reported that you took
something from his store without paying or asking for his permission...”

“Nandito ka sa barangay kasi ni-report ni Mang Juan na may kinuha ka raw sa tindahan n’ya
nang ‘di nagbabayad o nagpapaalam man lang...”

13
 2. the offense allegedly committed

“...taking something without paying or asking permission is against the law. This may be
considered theft.”

“Ang pagkuha ng isang bagay nang ‘di nagbabayad o nagpapaalam ay bawal sa ilalim ng
batas. Ito ‘yong tinatawag nilang ‘theft’...”

3. the constitutional rights of the child

“I will remind you that:...

a. “...you have the right to remain silent. Do you understand?”

b. “...you have a right to have an independent and competent
counsel of your choice. Do you understand?”
c. “...if you cannot afford the services of a lawyer, the government
can provide a lawyer to assist you. Do you understand?”
d. “...anything that you say will be used against you in any court of
law. Do you understand all these rights?”

“...ipapa-alala ko sa iyo na:...

a. “...karapatan mong manatiling tahimik kung nais mo. Naintindi-

han mo?”
b. “...karapatan mong magkaroon ng sariling abogado na pipiliin
mo o ng magulang mo. Naintindihan mo?”
c. “...kung ‘di ka makakuha ng sariling abogado, pwede kang bigyan
ng gobyerno ng abogado kung gugustuhin mo. Naintindihan mo
ba?
d. “...kung ano man ang sabihin mo, pwedeng magamit ‘yon sa
korte laban sa iyo. Naintindihan mo ba ang mga karapatan mo?”

14
 Remember
e strictly prohib-
The following acts ar
stody of the child:
ited when taking cu
ts of force or
1. use of intrumen
restraint
ence or force
2. unnecessary viol
3. vulgar language
on child
4. sexual advances
5. torture

If a search on child needs to be conducted...

If circumstances dictate the conduct of the search (e.g. when violence and weapons were used by
the child), search the child in a friendly, non-degrading and gender-sensitive manner. A female child
may only be searched by a female barangay representative.

Where to bring the child after apprehension?

The barangay official, tanod or BCPC member will bring the CICL
to the barangay station for initial investigation. But if at point
of initial contact the barangay determines that circumstances
require urgent police assistance (e.g. extreme violence), the
barangay can bring the child directly to the police station.

When should you immediately refer the CICL’s case to the

police?

The barangay personnel who took custody of the child is highly advised to immediately refer the
CICL’s case to the WCPD upon learning that the child:

is being exploited by adults when the offense was committed;

is a repeat offender;
is above 15 years old and the penalty of the offense committed is more than six years; or
committed a serious offense as listed below.
15
 Refer the CICL immediately to the WCPD if the serious offense committed by the child is any of
the following:

Parricide;
Murder;
Infanticide;
Kidnapping and serious illegal detention where the victim is killed or raped;
Robbery with homicide or rape;
Destructive arson;
Rape;
Carnapping where the driver or occupant is killed or raped; or
Offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act) punishable by
more than twelve (12) years of imprisonment

After taking custody of the CICL but before formally conducting an Intake Interview, what to
do?

Register child as a CICL in the CICL logbook; and

Inform child’s parents/guardians, social worker, PAO,
and local health officer

What key data/information must be obtained from the CICL for purposes of REGISTRATION in
the CICL logbook? (See sample logbook page - Annex G)

Name of child
Address of child
Date and time of intake
Offense allegedly committed
Name of parents/guardians and contact details

Upon getting the name of the CICL’s parents/guardian, inform them of the incident and
adivise them to go to the barangay station (or to the place of incident).

16
What if the child is unable to communicate or refuses to give his/her name?

Gather the information needed for registration from other people who may be present and immedi-
ately contact the social worker to obtain assistance in communicating with the child.

What if the parent/guardian is not available or cannot be reached?

Note in the intake form that the parent/guardian is not available or cannot be contacted and soon
after inform the LSWDO of such fact.

As an added measure to protect the child, inform any person who may have to assist the child (or
later care for or take temporary custody) after the intake in completed. Some of these persons may
include relatives of the child.

What if the child does not have any parent or guardian?

Note in the intake form that the child may be “neglected” or “abandoned” and immediately inform
the LSWDO of the fact that the CICL does not have any parent or guardian taking care of him/her.

Who can access the information inside the CICL Logbook?

The CICL Logbook is confidential and can only be accessed by the following:

Barangay official who took custody of the child

Punong Barangay and duly designated barangay officials under the BCPC
LSWDO
Juvenile Justice and Welfare Council

Separate logbooks for CICL and

for CAR must be maintained.
The CICL Logbook is different
from the logbook for children at
risk (CAR). Do not register CICL
information in other logbooks
covering other cases involving
children.

17
 Then, INFORM immediately the following (not later than eight hours after apprehension):

child’s parents/guardians/relatives

Inform them that their child is in custody for an offense and ask them to (1) go to the
barangay station where the child is held in custody and (2) bring a copy of the child’s birth
certificate or any official document showing child’s age.

If the parents or guardian of the child cannot be located, inform the nearest relative.

social worker

Inform the LSWDO:

that a CICL is in custody (and the time when the child was taken into custody);
to come over to the barangay station to assist the child when intake and initial
interview is done.

If you cannot contact the LSWDO within eight hours from initial contact, you may call the
following:

DSWD social worker (from Regional or National Office)

Any social worker connected with a private organization or any other national or local
government unit.

Also inform the LSWDO of any special circumstances concerning the child (Exmples: parents/
guardian of child cannot be contacted or not available; child is unable to communicate prop-
erly or understand the language/dialect used by the barangay official; there are indications
that the CICL is neglected, abandoned or abused.)

CICL’s choice of counsel or PAO

The child has a right to counsel. Advise the PAO of the offense allegedly committed by
the child and request the PAO to be available (either to receive calls or go to the barangay
station) while the intake interview is being done.

If the PAO cannot be contacted, the barangay must note in the intake form that he/she: (1)
called the PAO but was not able to talk personally with a PAO lawyer and; (2) a message was
left in the PAO lawyer’s office.

18
 local health officer or any other medical professional available

Inform the health officer because the CICL has to be brought for a medical exam after initial
contact with the child (See page 34 for details on medical exam).

Within eight hours from initial contact with the

child, contact:
1. the CICL’s parents/guardian
2. LSWDO
3. PAO (or counsel of the child)
4. local health officer or any other medical
professional available

Indicate in the Intake Form the reason for failing

to contact any of the above persons within eight
hours and the effort taken to attempt contact.

Have your directory ready always!

(See Annex A of this Manual)

Part 2: Form-OA
After “Id-Ex-Reg-In”, remember “Form-OA” when:

The barangay can proceed to the Initial Interview by taking the statement of the CICL and
filling out the Intake Form. (Use BCPC Form No. 1; Annex E-1 of the Manual);

Note: If the CICL is taken in because of a complaint or report of a private citizen, the barangay
must ask the complainant to fill out the Complaint Form. (Use BCPC Form No. 2; Annex E-2
of the Manual);

A key part of the Initial Interview is confirming the Offense supposedly committed by the
child and determining the Age of the CICL.

Id-Ex-Reg-In + Form-OA + Med-T-R

19
 When filling out Intake Form, you are conducting the INITIAL INTERVIEW. What’s your main
goal?

Your main goal is to determine: (a) where the case involving the CICL should be referred; and (b)
where to turn over the child.

The practice in some barangays is to assign the CICL a code name or code number to keep identity of
the child confidential. One barangay also takes a photo of the CICL to be kept on record to serve as
reference in cases of repeat offenses or cases when a child uses a different name. The copy of photo
is likewise confidential.

How do you determine where the case will be referred?

a. by confirming the offense allegedly committed by the CICL

b. by knowing the age of the CICL

When does the initial interview commence?

The initial interview starts from the time anyone from

the barangay elicits from the child any information
Before starting the Intake/
such as the child’s name and personal circumstances. Initial Interview, consider the
physical and psychological
needs of the CICL for proper
Who will conduct the initial interview? handling.
(Example: is the child
The initial interview may be conducted by the hungry?; is the child afraid?)
barangay captain or any designated barangay official/
volunteer who took custody of the child.

What questions may be asked during the intake?

Only ask questions that are necessary to fill out the Intake Form (Annex E-1). If there are pieces of
information required in intake forms that may be provided by other persons (e.g. parents, teachers),
obtain these pieces of information from them and not from the child anymore.

Do not force or convince the CICL to make

any statement or provide any information
that might incriminate the child.

20
Who may be present during the intake interview?

The barangay official who took the child into custody or who was designated to interview
the child
Parents/guardians of the child
LSWDO
PAO or legal counsel chosen by the CICL or parents/guardian of the CICL
Interpreter or mental health professional if his/her presence is necessary to assist the child in
communicating and understanding.

The Intake Interview is confidential. Any person not listed above cannot be present unless the
presence of such person is permitted by the CICL and/or the child’s parents/guardian.

When talking to the CICL, use simple language/dialect that can be understood by the child. But
what if the child speaks a different language or dialect?

Get an interpreter who can assist in conducting the intake. Also, seek assistance from the LSWDO to
ensure that communication with the child is done properly.

What if the child refuses to talk?

Ask the assistance of the social worker to ensure that communication with the child is done properly.
If the child has a disability and difficulty in communicating, the assistance of an appropriate medical
professional must be obtained in conducting the intake.

During the in
take interv
iew, do not
display o
r
force or r use instruments o
estrain on f
the child
use viole
n
on the ch ce, force or tortur
ild e
use vulga
r languag
e
make sex
ual advan
child ces on th
e
harass or
abuse the
child

21
 In filling out the Intake Form, especially note the alleged offense of the CICL and the
corresponding penalty

A child is in custody because the CICL allegedly committed a crime or offense. It is important to take
note in the Intake Form: (1) the offense allegedly committed by the child; and (2) the corresponding
imposable penalty to that offense.

When conducting the Initial Interview and recording information of the CICL’s alleged offense,
indicate in the Intake Form the:

offense committed;
date, time and place of the alleged offense committed;
barangay official who took custody (name, office and contact number of the apprehending
officer); and
record of previous offense/s or violation/s (whether pending or not) committed by the CICL
if there is any.

What are some of the common offenses that cause a child to be a CICL?

Physical injuries Rape

Theft Acts of lasciviousness

Robbery Malicious mischief

Violation of the Dangerous Drugs Act

What should you do to identify the crime/offense allegedly committed by the CICL? Can you ask
the child some questions in order to determine the offense?

Conduct an initial investigation to properly identify the offense committed by the CICL. When
possible, obtain the needed information from persons who have information on the commission
of the alleged offense (e.g. witnesses; the person who reported the offense) and preferably not
from the child.

22
Was the CICL taken into custody because of a complaint/report of a private citizen?

If the CICL was taken in because of a complaint or report of a private citizen, the barangay must ask
the complainant to fill out the Complaint Form. (Use BCPC Form No. 2; Annex E-2 of the Manual). This
Complaint Form can be a basis or supporting document when indicating the alleged crime/offense
of the CICL in the Intake Form without having to anymore ask the child about the offense.

Use the Complaint Form (Annex

E-2) filled out by the private com-
plainant as one basis to identify the
alleged crime/offense committed
by the CICL.

What if the child makes a statement referring to the crime allegedly committed?

If at any time after the CICL is taken into custody the child makes any statement referring to the
crime/offense committed, ensure that such statement is made in the presence of the:

the PAO (or a legal counsel)

the LSWDO, and
a parent, guardian, relative or NGO representative

All of the above must sign any written statement that may be made by the CICL.

Immediately refer the CICL’s case to the WCPD if you discover that the child committed any of
the following serious offenses:

Parricide;
Murder;
Infanticide;
Kidnapping and serious illegal detention where the victim is killed or raped;
Robbery with homicide or rape;
Destructive arson;
Rape;
Carnapping where the driver or occupant is killed or raped; or
Offenses under Comprehensive Dangerous Drugs Act punishable by more than 12 years of
imprisonment

23
 What if you are having difficulty in identifying the correct offense allegedly committed by the
child?

To properly determine the exact name of the offense allegedly committed by the child, get advice/
assistance from either the PAO, police, or the office of the prosecutor.

Based on statistics, what offenses are often handled by the barangay without needing involve-
ment from the police?

Light Physical Injuries

Malicious mischief
Theft

Determine also the imposable penalty for the offense allegedly committed by the CICL. Why?

The severity of the offense committed is often indicated by the

degree of penalty imposed by law. By knowing the imposable
penalty, you and the other duty bearers will know how to treat
the CICL moving forward.

The imposable penalty is most important to note once you

discover that the child is above 15 years old at the time the
offense is committed. The penalty will determine who will
handle the diversion for a CICL who is above 15 years old and is
found to have acted with discernment.

What if you do not know the imposable penalty corresponding to the alleged offense
committed?

If you do not know the imposable penalty corresponding to the alleged offense committed, consult
any of the following to make a proper determination in filling out the intake form:

PAO
Prosecutor
Any legal professional
Police

24
What if the child denies commission of the offense?

Even if the child refuses to admit any involvement in the alleged offense committed, still indicate in
the Intake Form the supposed crime or offense attributed to the CICL for purposes of completing the
case record.

Are there cases when the physical presence of the LSWDO is necessary when interviewing the
child?

You may proceed conducting the intake/interview of the child even if the LSWDO is not yet around.
BUT the presence of the LSWDO is mandatory in the following cases:

if at any time immediately after the CICL is taken into custody the child makes any statement
referring to the crime/offense committed;

if the CICL speaks a different language/dialect and cannot understand the language used
by the barangay official conducting the intake and no interpreter is available to assist in the
conduct of intake;

if the CICL refuses to talk or the barangay is unable to properly communicate with the child;
or

if the CICL has a disability that prevents proper communication and the appropriate
professional (e.g. mental health professional) is not yet available.

If the physical presence of the PAO necessary while having custody of and interviewing the
child?

Preferrably, although you may proceed in conducting the intake/interview of the child without
lawyer. However, the presence of the PAO (or any legal counsel) is mandatory if at any time imme-
diately after the CICL is taken into custody the child makes any statement referring to the crime/
offense committed.

After identifying the offense and corresponding penalty, the barangay must determine the
child’s AGE.

Determine the CICL’s age within eight hours from the time the custody of the child is taken. Deter-
mining the age within eight hours (based on whatever evidence or basis is available) is necessary to
be able to refer the case to the proper authority.

25
 What are the important ages to remember?

First, confirm if the person taken into custody is indeed a “child” or a person who is
under the age of 18 years old.

Second, a careful determination of the exact age if the child says he/she is “15 years
old”. The law gives different treatments to a child who at the time of the commission
of the offense is “fifteen (15) years old or below” and is “above fifteen (15) years”.

Therefore a careful distinction must be made between a child who is 15 years old or below AND a
child who is above 15 years old.

When is a child considered “fifteen (15) years old” and “above fifteen (15) years”?

The CICL may only be considered “fifteen (15) years old” if the day of the commission of the offense is
the fifteenth anniversary of the child’s date of birth (or the CICL’s birthday).

If the child is at least fifteen (15) years and one (1) day old on the day of commission of the offense,
the CICL is already considered “above fifteen (15) years” old.

What is the basis to determine the child’s

age?
“I am 15 years old,” the child says.
When the CICL generally says he/
she is “15 years old” it is best to The age must be based on documents showing proof
determine the birthday of the CICL of the child’s age such as:
(and follow the rules above).
birth certificate
baptismal certificate
school records
medical or dental records
travel papers
Write in the Intake other pertinent documents that may show age
Form the basis of age
determination. In case
of doubt as to the age
of the child, the doubt
shall be resolved in
favor of minority.

26
What if these documents are not available within eight hours from the time custody of the CICL
is taken?

If any of the documents cannot be obtained or pending receipt of such documents, use other
measures to determine the age such as:

1. interview child and obtain information indicating age (e.g. date of birth, grade level in
school);

2. interview persons having knowledge of child’s age (e.g. relatives, neighbors, teachers,
classmates);

3. evaluate physical appearance (e.g. height, built) of child; and

4. obtain other relevant evidence of age.

What if there are doubts on the age of the CICL?

If documents indicating age are not yet available and the only way to (temporarily) determine age is
by interviewing the child taken into custody, give weight to what the child says is his/her age (even
if you have doubts based on the child’s appearance). In case of doubt as to the age of the child,
the doubt shall be resolved in favor of the child’s minority.

Based on the child’s representation, make a provisional age determination for the purpose of
knowing where to refer the CICL’s case within eight hours from initial contact. The barangay may still
continue to look for additional evidence of age after the eight hours and inform subsequent duty
bearers of any change in age determination once documents are obtained.

(See BOX A for sample of a completed Intake Form and BOX B for a sample of a completed Complaint
Form)

27
 BOX A
Sample: Completed BCPC Form 1 (INTAKE FORM)

28
 BOX B
Sample: Completed BCPC Form 2 (COMPLAINT FORM)

29
 Why is it important to know the child’s age (even temporarily)?

The age of the CICL at the time of the offense was committed will allow you to:

know how to proceed with the CICL’s case; and

later determine where you will turn over the CICL.

If the child is determined to be 15 years old or below:

Immediately cross-refer to Chapter Three of this Manual (Page 42) and follow the specific procedures
detailed in that Chapter together with the LSWDO.

The CICL who is 15 years old and below qualifies for INTERVENTION PROGRAM and Chapter Three will
detail:

what type of intervention program a child will undergo; and

to whom will physical custody of the CICL be turned over.

Do you immediately release the child to the parents upon determining that the CICL is 15 years
old and below?

No. Before turning over physical custody to the parents/guardian, you and the LSWDO must first
check if there are certain conditions or circumstances that should not allow release of the child’s
physical custody to the parents/guardian. Get Flowchart B-1 and review Chapter Three for
guidance on what questions to answer before releasing the child to the parents or guardian.

If the child is above 15 years old but below 18 years old:

Do two things:

1. turn over physical custody of child to LSWDO (for an assessment by the LSWDO if the child
had discernment at the time of the commission of the offense) immediately after the
medical exam; and

2. wait for the LSWDO’s initial assessment of presence or absence of the CICL’s discernment at
the time of the commission of the offense.

See BOX C to understand more about the assessment of discernment.

The initial investigation of the child who is above 15 years old is not yet complete without the LSWDO
assessment if the CICL acted with or without discernment.
30
 BOX C
If the CICL is above 15 years old,
the LSWDO will assess if child acted with discernment

If the CICL is above 15 years old:

1. turn over the physical custody of the child to LSWDO (for the assessment by the LSWDO if
the child had discernment at the time of the commission of the offense) immediately after
the exam; and
2. wait for the LSWDO’s initial assessment of presence or absence of the CICL’s discernment.

Assessment of discernment means what?

The LSWDO assesses if the CICL had, at the time of the commission of the offense, the capacity to
understand the difference between right and wrong, and its consequences.

The initial assessment if the child acted with or withour discernment will be made by
! the LSWDO, not the barangay.

While waiting for the assessment of the LSWDO, what will the barangay do?
The barangay continues to handle the case file of the child and may still continue other aspects of the
investigation (interviewing witnesses, gathering documents and evidence) if needed. This means
that the physical custody of the CICL (who is above 15 years old) is still transferred to the LSWDO
before the eight-hour period expires even if the investigation on the offense committed is not yet
completed.

How long will the LSWDO complete the assessment of the discernment? And assessment
will be given to?
The LSWDO has seven working days to complete and submit the report bearing the initial
assessment of whether the child acted with or without discernment. The LSWDO will give this report
to the barangay handling the CICL’s case.
BUT there are instances when the barangay forwards the CICL’s case to the prosecutor. Despite such
development, the barangay must still get the LSWDO’s discernment assessment report to be able to
complete its report on the CICL.

Why is it necessary to make an assessment if the CICL had discernment?

The initial assessment of discernment will determine if the CICL who is above 15 years old will either
be:
given an intervention program (if no discernment); OR
undergoing diversion (if with discernment).

31
 After receiving the LSWDO Report that the child above 15 years old acted with discernment,
what next?

After receiving the LSWDO Report, complete the initial investigation and prepare to refer the CICL
for diversion.

To know where to refer the case, look again at the offense allegedly committed by the CICL and
the corresponding imposable penalty to determine who is the authority who will handle diversion
proceedings of the CICL (who is above 15 years old and acted with discernment at the time the
offense was committed). See BOX D to know where to refer the case of the child who acted
with discernment.

BOX D
If the CICL is above 15 years old and acted with discernment,
where to refer the child’s case

If the child committed: Refer CICL case to this diversion authority:

an offense with a penalty Punong Barangay

of 6 years and below (diversion at the Katarungang Pambarangay level)
OR
Police
(diversion at the law enforcement level)

a victimless offense LSWDO / Social Worker

(diversion at the LSWDO level)

Referring the case of CICL for

NOTE: diversion is different from
transferring the physical custody
of the child.

32
 After receiving the LSWDO Report that the child above 15 years old acted without discernment,
what next?

Immediately cross-refer to Chapter Three of this Manual (Page 42) and follow the specific procedures
detailed in that Chapter (and Flowchart B-2) together with the LSWDO.

The CICL who is 15 years old or below who acted without discernment qualifies for Intervention
Program and Chapter Three will detail:

what type of intervention program a child will undergo; and

to whom will physical custody of the CICL be turned over.

Should you immediately release the child to the parents upon getting LSWDO Report that the
CICL who is above 15 years old acted without discernment at the time of offense?

No. Before turning over physical custody to the parents/guardian, you and the LSWDO must first
check if there are certain conditions or circumstances that shoud not allow release of the child’s
physical custody to the parents/guardian. Get Flowchart B-1 and review Chapter Three for guidance
on what questions to answer before releasing the child to the parents or guardian.

What if the victim or offended party disagrees with your determination of the CICL’s age?

If the offended party (or any person) believes that the alleged CICL is not a minor (or that the child is
not 15 years or below), advise the offended party to file with the Family Court a case in a summary
proceeding for determination of the child’s age.1

Other than basic personal circumstances of the child, is there anything else to note?

As part of the interview, take note if there are indications that the child is neglected, abandoned,
orphaned or abused. One clear indication that the child is such is if the parents or guardian of the
child cannot be found.

1
if a case has already been filed against the CICL and is pending in Court, a person may file a motion to determine the age of the child in the same Court where the case is pending. Pending the
hearing on the said motion, the proceedings on the main case shall be suspended. (Rule 35.d, IRR)
33
 Part 3: Med-T-R
“Med-T-R” means what?

1. Make sure the child is:

a. Taken to the proper medical and health officer for a medical exam; and
b. Turned over to the proper party within 8 hours.

and

2. Complete the Report on the Initial Investigation.

Id-Ex-Reg-In + Form-OA + Med-T-R

Why is a medical exam important within eight hours from

initial contact with the child?

Even if you are to have a competent person attest if the alleged commission
not done filling of the offense or if the fact of taking custody had any impact
out the Intake
Form, you may on the child’s physical or mental condition;
first bring the
child to the to ensure that the child gets adequate medical assistance/
medical exam but
make sure that
attention immediately; and
the Intake Form
is still accurately to protect the barangay officer from any accusation of
completed. neglect, abuse or violence used against the child
If upon initial
contact with the
CICL it is clear Bringing the child to a medical / health officer
that the child
has physical
injuries, you
After the child is taken into custody, the child is immediately
can go straight brought to the proper medical or health officer for a thorough
to the medical/ physical and mental evaluation. Whenever medical treatment is
health officer required, steps shall be immediately undertaken to provide the
before going to
the barangay same.
station.

34
Who is the ‘medical or health officer’ contemplated by law?

For the physical and mental examination on the CICL, bring the child to:

any government clinic, health center or hospital where a

medical or health officer may be available; or

any private hospital or clinic where a duly-certified medical

profession may be available

Should the child still be subjected to a medical examination even if there are no visible physical
injuries?

Yes, the submission of the CICL to a physical and mental examination within eight hours is required
by law.

Within 8 hours from taking custody, the CICL must be turned over to the proper party. TURN
OVER means?

To “turn over” means to give physical custody.

And TURN OVER the child to whom?

It depends on what is the age of the child and the offense committed by the CICL. See BOX E to know
what procedures to follow in determining where to turn over the physical custody of the child.

If CICL is
b
do not im elow 15 years old,
mediately
parents. C release to
h
Three on eck first Chapter
custody o who gets physical
f
rangay mu the child. The ba-
s
the LSWD t coordinate with
to give p O to know
hysical c where
the CICL. ustody o
f

35
 BOX E
Where to turn over physical custody of CICL
(See CHAPTER THREE!)

To determine where to turn over physical

If the CICL is: custody of child after using Flowchart A:

15 years old or below at the time of the Use Flowchart B-1 and refer to Chapter Three of
commission of the offense this Manual
Above 15 years old at time of the commis- Use Flowchart B-2 and refer to Chapter Three of
sion of the offense and was found to have this Manual
acted without discernment
Above 15 years old at time of the commis- Refer to Chapter Four of this Manual and if the
sion of the offense and was found to have barangay is the appropriate diversion authority
acted with discernment will use Flowchart C-1

The above-listed flowcharts and corresponding chapters show the steps to be taken and
considerations to be made before making the proper determination where to turn over the
physical custody of the child.

note
Only after the ab
ove flow-
charts (and corr
esponding
chapters) are follo
wed that
the barangay may
complete
the report on the
intake and
initial investigat
ion of the
CICL.

Until when can the barangay keep physical custody of the child?

Whether or not the Initial Investigation is complete, the barangay must turn over the physical
custody to the appropriate person (as found in the above listed Flowcharts and Chapter) within eight
hours from the time the custody of the child is taken.

36
What if after 8 hours the parent/guardian/relative or the LSWDO cannot be reached?

There are instances when a child is taken into custody at night time or weekends and the child’s
parent/guardian/relative or the LSWDO cannot be immediately contacted. Pending turnover of the
child’s custody in extreme cases like these, the following can be done:

1. Temporarily secure the child in an area separate from that of the opposite sex and adult
offenders until child is turned over to the parent or LSWDO; or

2. Temporary physical custody of the child may be given to any of the following:

duly registered NGO (those licensed and accredited by the DSWD);

faith-based organization;
barangay official; or
BCPC member

And finally, complete the REPORT on the CICL case

The Barangay’s Report on the intake of the child and on the initial investigation of the offense
allegedly committed by the CICL must be completed to know who will take over the case and who
that person will continue handling the child’s case.

note ga y ’s Repo
rt
a ra n
The B e comple -
ted
o n ly b
may flow
te r fo ll owing the ing
af ond
d corresp
charts an BOX E
a p te r s stated in
ch
otocol.
of this Pr

What are the most important pieces of information that must be found in the Barangay
Report? And who will be using this Report after completion of the intake and investigation?

The Barangay Report must clearly indicate the information below as they are needed by the duty
bearers who will next handle the CICL (See Box F).

37
 BOX F
What the Barangay Report must contain
and who gets a copy

Barangay Report must include and A copy of the Barangay

If CICL is: clearly indicate: Report will be given:

CICL is 15 years old Duly accomplished BCPC Form 1 (and To the LSWDO.
or below at time of attached investigation report) which must The LSWDO, in coordination
commission of clearly state: with the BCPC, will determine
offense the age of the CICL the appropriate custody and
basis for age determination intervention for the child.
the offense committed (with a
notation if the offense is serious) (Relate to Chapter Three and
if the child is a repeat offender Flowchart B-1)
who has previously undergone an
intervention program

CICL is above 15 Duly accomplished BCPC Form 1 (and To the LSWDO.

years old at time attached investigation report) which must The LSWDO, in coordination
of commission of clearly state: with the BCPC, will determine
offense and was the age of the CICL the appropriate custody and
found to have acted basis for age determination intervention for the child.
without the offense committed (with a
discernment notation if the offense is serious) (Relate to Chapter Three and
if the child is a repeat offender Flowchart B-1)
who has previously undergone an
intervention program
Attached LSWDO report showing assess-
ment that the CICL acted without discern-
ment on the date of the commission of
offense

CICL is above 15 Duly accomplished BCPC Form 1 (and To the appropriate diversion
years old at time attached investigation report) which must authority
of commission of clearly state: 1. Punong Barangay, Police
offense and was the age of the CICL or LSWDO (for the purpose
found to have acted basis for age determination of determining if diversion
with discernment the offense committed (with a is desirable for the child.)
notation if the offense is serious) OR
if the child is a repeat offender 2. The prosecutor if the
who has previously undergone an imposable penalty for the
intervention program child’s alleged offense is

38
 BOX F
What the Barangay Report must contain
and who gets a copy

Attached LSWDO report showing assess- above six years (for the
ment that the CICL acted with discernment purpose of proceeding
on the date of the commission of offense with the case)

What constitutes a complete report from the BCPC?

The Barangay Report is considered complete when it consists of at least the following documents:

1. Intake Form (BCPC Form No. 1)

2. Complaint Form if there is a private citizen who complained or reported the CICL to the
barangay (See BCPC Form No. 2)
3. Referral Form as cover page (BCPC Form No. 3) addressed to the person who will take over the
case of the child (e.g. LSWDO). The Referral Form will summarize the information about case
and will have as attachments the Intake Form, the Complaint Form and the Feedback Form
(as described below).
4. Feedback Form (BCPC Form No. 4) to be attached to the Referral Form to indicate other
information when the barangay handled the child.

(See BOX G for sample of a completed Referral Form and BOX H for a sample of a completed Feedback
Form)

39
 BOX G
Sample: Completed BCPC Form 3 (REFERRAL FORM)

40
 BOX H
Sample: Completed BCPC Form 4 (FEEDBACK FORM)

41
 CHAPTER III
INTERVENTION PROGRAM AND
CUSTODY OF CICL WITHOUT DISCERNMENT

42
CHAPTER III
INTERVENTION PROGRAM &
CUSTODY OF CICL WITHOUT DISCERNMENT
This chapter will be used only when the CICL qualifies for
an interview program. Read Chapter Two first before using
Have the following ready:
this Chapter.
Flowchart B-1 (Annex B)
F)
Directory of contacts (Annex
1 (as use d in
BCPC Form No.
o)
A CICL qualifies for intervention in two instances with the
Chapter Tw
following flowcharts to be used and corresponding key
questions to answer. (Also note where to start using this
chapter.)

CICL who qualifies for Start use of Chapter

Use Flowchart:
intervention is: from:
A. 15 years old or below at the time of Flowchart B-1 Item 3.1 of this Chapter
commission of offense
B. above 15 years old but acted with- Flowchart B-2 Item 3.1 and continue to Item 3.4
out discernment at the time of the of this Chapter (Page 42)
commission of offense

3.1 THE KEY QUESTIONS TO ASK

This Chapter (with Flowcharts B-1 or B-2) covers KEY

You will use this
e
QUESTIONS that will help determine: Chapter and the abov
1 or B- 2
Flowcharts B-
what type of intervention program a child will together with the
undergo; and LSWDO!
to whom physical custody of the CICL will be
turned over

43
 If the CICL is 15 years old or below at the time of the commission of offense, ask FIVE KEY
QUESTIONS:

“Is the child above 12 years old?”

ITEM 3.2 IN PAGE 45

“Did the child commit a serious crime?”

ITEM 3.2.A IN PAGE 46

“Is the child a repeat offender and was previously subjected to an intervention program?”
ITEM 3.2.B IN PAGE 47

“Is the child dependent, abandoned, neglected, or abused?”

ITEM 3.3 IN PAGE 49

“Is the safety of the child in danger?”

ITEM 3.4 IN PAGE 51 Answer all five questions before de-
termining CUSTODY and appropriate
INTERVENTION PROGRAM for the
CICL who is 15 years old or below at
the time of commission of offense

If the CICL above 15 years old and acted without discernment at the time of the commission of
offense, ask TWO KEY QUESTIONS:

“Is the child dependent, abandoned, neglected, or abused?”

ITEM 3.3 IN PAGE 49

“Is the safety of the child in danger?”

ITEM 3.4 IN PAGE 51 Answer both questions
to
know who gets CUSTOD
Y of
and what INTERVENTI
ON
PROGRAM will be given
a
CICL who is above 15 ye
ars
old and acted with
discernment at the tim
e of
commission of offense

44
When must the above key questions be answered?

Ideally, answer to these key questions must be determined before the expiration of the eight-hour
period from the time custody was taken by the barangay.

If we are not yet done answering the key questions and the 8-hour period had expired, who
keeps physical custody of the child?

After the eight-hour period, the LSWDO will keep custody of the child pending determination of the
presence or absence of the above conditions.

3.2 “IS THE CHILD ABOVE 12 YEARS OLD AT THE TIME OF THE COMMISSION OF OFFENSE?”

If the CICL is above 12 years old (and 15 years old and below) at the time of the commission of
offense, the law states some conditions that prevent release of the child to the parents.

The same documents or basis for age determination used in Chapter One will be used to know if the
child is above 12 years old.

12 years old or below

BCPC to further determine if:

CICL is dependent, abandoned, neglected, or abused (Go to question in Item 3.3); and
Safety of CICL is in danger (Go to question in Item 3.4)

[Skip questions in Item 3.2.a and 3.2.b]

above 12 years old

BCPC to further determine if:

CICL committed a serious offense (Item 3.2.a)
CICL is a repeat offender who previously underwent an intervention program (Item 3.2.b)
CICL is dependent, abandoned, neglected, or abused (Item 3.3)
Safety of CICL is in danger (Item 3.4)

45
 Can the custody be released to the parents if child is 12 years old or below?

Not yet. Determine further if the CICL is dependent, abandoned, neglected or abused and if the safety
of the child is in danger.

3.2.a “DID THE CHILD (WHO IS ABOVE 12 YEARS OLD) COMMIT A SERIOUS OFFENSE?”

What are considered serious crimes or offenses?

Parricide;
Murder;
Infanticide;
Kidnapping and serious illegal detention where the victim is killed or raped;
Robbery with homicide or rape;
Destructive arson;
Rape;
Carnapping where the driver or occupant is killed or raped; or
Offenses under Comprehensive Dangerous Drugs Act punishable by more than 12 years of
imprisonment

Who determines if the crime committed by the CICL is a serious crime of offense?

The BCPC who investigated what is the offense allegedly committed by the CICL and the
corresponding imposable penalty will be the one to determine if the CICL committed a serious crime
as listed above.

If the crime allegedly committed is serious, the barangay:

must immediately refer the child to the WCPD;

must advise the LSWDO of this fact (so the
LSWDO can file a petition for involuntary
commitment and take steps to formulate an
The barangay must not intervention program for the CICL); and
handle the case of a CICL cannot release the child to his/her parents or
who allegedly committed a
serious crime. The WCPD guardian.
will handle this case.

46
Can the custody be released to the parents if the child (who is 12 years old or above) did not
commit a serious offense?

Not yet. The barangay together with LSWDO must still determine if the child is a repeat offender and
has previously undergone an intervention program. Answer key question in Item 3.2.b below.

The CICL who is above 12 years old (and 15

years old and below) and who committed a
serious crime will be:
placed in the Bahay Pag-Asa
given a Center-Based Intervention
Program

The child will be under the care and supervi-

sion of a special unit under the Bahay Pag-Asa
called the Intensive Juvenile Intervention and
Support Center (IJISC).

Once the case of the CICL (who committed a serious crime) is referred to the police, will the BCPC
still do something?

If requested by the LSWDO, the BCPC may participate in putting together, monitoring and
implementing the intervention program for the CICL.

“IS THE CHILD (WHO IS ABOVE 12 YEARS OLD) A REPEAT OFFENDER AND WAS PREVIOUSLY
3.2.b
SUBJECTED TO AN INTERVENTION PROGRAM?”

Who determines if the child who is above 12 years old (but not above 15 years old) at the time
of offense is a repeat offender and was previously subjected to an intervention program?

This time, the BCPC and LSWDO will jointly determine if the CICL is a repeat offender and was
previously subjected to an intervention program. Previous records of the barangay and of the LSWDO
will be used to make this determination.

If the child who is above 12 years old is not a repeat offender and was not previously subjected
to an intervention program, can the child already be released to the parents?

Not yet. The LSWDO will still determine if the child is dependent, abondened, neglected or abused.
47
 (Key Question under Item 3.3)

If the child committed a repeat offense and was previously subjected to an intervention
program, the barangay:

must immediately refer the child to the WCPD; and

cannot release the child to his/her parents or guardian.

The barangay must not handle the case of

a CICL who is a repeat offender and who
previously underwent an intervention
program. The WCPD will handle the case.

Once the case of the CICL (who is a repeat offender) is referred to the police, will the BCPC still
do something?

The BCPC may be asked by the LSWDO to participate in the intervention conference for the CICL.

The input of the BCPC and other stakeholders may also be solicited by the LSWDO in determining if
it is in the best interest of the child to be placed in a youth care facility or to be released to the child’s
parents/guardian.

In this case of a repeat offender, the

LSWDO (not the BCPC) will determine
who gets physical custody of the CICL.

What kind of intervention program will be given to the CICL? Will the BCPC still have a role?

If the LSWDO decides to bring the CICL to a youth care facility, the child will
undergo a center-based intervention program.
48
 If the CICL is released by the LSWDO to the parents, the child will undergo an
intensive community-based intervention program.

The input of the BCPC may be solicited by the LSWDO in the preparation of either intervention
program.

If an intensive community-based intervention program is implemented, the LSWDO may need the
help of the BCPC in monitoring and implementing the intervention program for the CICL.

The LSWDO is in charge of

implementing and mon-
itoring the intervention
program for the child.

3.3 “IS THE CHILD DEPENDENT, ABANDONED, NEGLECTED OR ABUSED?”

This question will be answered if the CICL is:

1. above 12 years old (and 15 years old and below) at the time of the commission of the offense
but did not commit a serious crime or is not a repeat offense who underwent an intervention
program; or

2. above 15 years old and found not to have acted with discernment at the time of the commis-
sion of the offense.

This key question will be answered only by

the LSWDO who has technical knowledge if
a child in dependent, abandoned, neglected
or abused.

49
 Does the BCPC have a role in answering this question?

During the intake of the child, the BCPC may identify possible indicators that the child is dependent,
abandoned, neglected or abused. The BCPC must note such indicators or red flags in the intake form
(that will be included in the CICL’s file) to assist the LSWDO in assessing if the CICL is dependent,
abandoned, neglected or abused.

Once the CICL is assessed by the LSWDO to be dependent, abandoned, neglected or abused, will
the BCPC still do something?

The BCPC may be asked by the LSWDO to participate in the intervention conference for the CICL.

The input of the BCPC and other stakeholders may also be solicited by the LSWDO in determining if
it is in the best interest of the child to be placed in a youth care facility or to be released to the child’s
parents/guardian.

What kind of intervention program will be given to the CICL? Will the BCPC still have a role?

If the LSWDO decides to bring the CICL to a youth care facility, the child will
undergo a center-based intervention program.

If the CICL is released by the LSWDO to the parents, the child will undergo an
intensive community-based intervention program.

The input of the BCPC may be solicited by the LSWDO in the preparation of either intervention
program.

If an intensive community-based intervention program is implemented, the LSWDO may need the
help of the BCPC in monitoring and implementing the intervention program for the CICL.

If the LSWDO finds that the CICL is not dependent, abandoned, neglected or abused, can the
child already be released to the parents?

Not yet. The LSWDO, after consultation with the BCPC, must also determine if the safety of the child
is in danger if the CICL is returned to the community.

50
3.4 “IS THE SAFETY OF THE CHILD IN DANGER IF RETURNED TO THE COMMUNITY?”

The BCPC and the LSWDO will jointly determine if the safety of the child is in danger said child is
released to the parents/guardian and returned to the community.

What must be done if the child’s safety is in danger when returned to the community?

The LSWDO will take the necessary action (ask the parents to voluntarily commit the child or file
petition for involuntary commitment) to keep the temporary custody of the child with the DSWD or
any NGO willing to take custody of the child.

The BCPC may help the LSWDO encourage the parents/guardian to give temporary custody of the
child to the DSWD or the NGO.

TO REVIEW:
When may the custody of the CICL who is 15 years old and below or who is above 15 years old
but acted without discernment be released to parents?

It is only when none of the following conditions exists that the CICL may be released to his/her
parents or guardian:

the CICL is above 12 years old and committed a serious crime

the CICL is above 12 years old and is a repeat offender who has previously undergone an
intervention program
the CICL dependent, abandoned, neglected, or abused
the CICL’s safety is in danger if released to the community

If none of the above circumstances are present, then the child may be released to the parents or
guardian and the child will undergo a community intervention program.
51
 In certain cases parents/guardian cannot get physical custody of the CICL (as described in this
chapter) where will the custody of the child be given?

CICL is: Turn over physical custody to:

CICL is above 12 years old LSWDO and later, at the Intensive Juvenile Intervention and
and committed a serious Support Center (IJISC) of the “Bahay Pag-Asa” where CICL will
crime undergo a center-based intervention program
CICL is above 12 years old
and is a repeat offender who LSWDO and later, a youth care facility where CICL will
has previously undergone an undergo a center-based intervention program (Except: When
intervention program LSWDO determines that it is in the best interest of the child
CICL is dependent, that the CICL be released to the parents/guardian and be given
abandoned, neglected or a community-based intervention program)
abused
Safety of CICL is in danger if LSWDO and later, the DSWD or any NGO willing to take
released to the community temporary custody of child

Remember W D O (or t
he
L S
Only the kers of the youth
r t
social wo ies) may conduc
c il it n c e
care fa ention Confere
v
the Inter ho is 15 years old
w
for a CICL or who is above 15
t
and below but acted withou
years o ld
ent
discernm

52
 CHAPTER IV
DIVERSION OF CICL
For the CICL above 15 years old who acted with discernment

Page 54 4.1
Determining appropriateness of diversion

4.2
Page 55 Handling of Diversion Proceedings

Page 60 4.3
Formulation of a Diversion Contract

4.4
Page 65 Implementation of a Diversion Program

53
 CHAPTER IV
DIVERSION OF CICL
This chapter will only be used when the CICL
is referred to diversion at the Katarungang
Pambarangay level because the child:
Have the following ready:
Flowchart C-1 (Annex C)
is above 15 years old and was assessed
e of
by the LSWDO to have acted with File of the CICL from the tim
intake
discernment at the time the offense was
committed; and
committed an offense with a penalty of
six years and below

There are four steps to follow under this Chapter:

1. Determining appropriateness of
diversion
2. Handling of diversion proceedings
If the offense committed by the
3. Formulation of a diversion contract child is victimless: refer the case
4. Implementation of a diversion program to the LSWDO for diversion

If the offense committed by

Who will use this Chapter? the child has a penalty above
six years: refer the case to the
1. the Punong Barangay as chairperson of WCPD for diversion
the Katarungang Pambarangay; or
2. the barangay officials or BCPC
members duly designated by the
Punong Barangay including the Lupong
Tagapamayapa and those trained to
assist them.

4.1 DETERMINING APPROPRIATENESS OF DIVERSION

Ask first: Is diversion appropriate and desirable for the CICL?

Before starting the diversion proceedings, the BCPC must first determine if diversion is appropriate
for the child after:

54
 reviewing the CICL’s case; and
consulting the LSWDO

What are the factors to consider to determine if diversion is appropriate and desirable?

a. Nature and circumstances of the offense charged;

b. Frequency and severity of the act;
c. Personal cirscumstances of the child (e.g. age, maturity, intellegence, educational
attainment, etc.);
d. Influence of the family and environment on the growth of the child;
e. Reparation for the injury to the victim;
f. Weight of the evidence against the child;
g. Safety of the community; and
h. Best interest and welfare of the child
Consulting the LSWDO
is mandatory!

After consulting the LSWDO, does the BCPC think that diversion is appropriate or desirable for
the CICL?

NO Diversion proceedings are deemed terminated and the diversion authority

will issue the corresponding document certifying to such fact and forward
the case records to the prosecutor. (Then stop using this Chapter.)

YES The BCPC must form the diversion committee and start conducting the
diversion proceedings as described in Item 4.2.

4.2 HANDLING OF DIVERSION PROCEEDINGS

First, constitute the

barangay’s committee!

55
 What is the composition of the diversion committee?

The diversion committee is chaired by the Punong Barangay and may include:

LSWDO Member of Task Force on Child and Youth

Barangay Kagawad Development
Lupon Tagapamayapa member NGO Representative
BCPC member PTA President
Chief Tanod Representative of faith-based organization

This list is not exclusive. The Punong Barangay has the option to propose additional diversion
committee members if necessary to properly create and implement a diversion program.

What will the diversion committee do?

1. To convene the diversion proceedings that is mainly the dialogue of the CICL, the child’s
parents/guardian, the victim/s (and the victim’s parents/guardian); and
2. Later, to assist the Punong Barangay in identifying the appropriate programs for the CICL and
the family and in implementing the diversion program.

Who will facilitate the diversion proceedings?

The Punong Barangay is the chairperson of the diversion committee

but he/she may delegate the task of facilitating the diversion pro-
ceedings to another member of the diversion committee. BUT the
Punong Barangay remains responsible for anything that transpires
in the proceedings.

If the victim or offended party refuses to participate or cooperate in the diversion proceedings,
what to do?

ask the offended party what are the reasons for the refusal to participate;

ensure that the offended party understands the nature of case and the reason for the
conduct of diversion and not court proceedings;

specifically explain to the offended party the benefits of forgiveness and diversion, and the
need to reform the CICL within the community, instead of detention homes or rehabilitation
centers, once the CICL expresses remorse and a willingness to ask for forgiveness from the
offended party;
56
 assure the offended party that the LSWDO, together with the LGU and the community, will
be responsible for reforming and monitoring the CICL through various diversion programs;

explain to the offended party what are the possible consequences of non-participation in
the proceedings

If the offended party decides not to participate in the diversion proceedings, the Punong
Barangay will:

refer the offended party to the appropriate WCPD officer for the latter to explain how to file
a civil case against the CICL for the payment of the civil liability; and
then continue in conducting the diversion proceedings.

Pending conduct of diversion proceedings, who keeps custody of the CICL?

Pending conduct of diversion proceedings, the custody of the child is given to the parents,
guardians, relatives or any other responsible persons in the community, taking into consideration the
best interest of the child in conflict of the law.

BUT if there are circumstances that necessitate

the commitment of the CICL (e.g. the child’s safety
is in danger), inform the LSWDO immediately to
initiate in the process for the child’s commitment.

What are aimed to be achieved when conducting diversion proceedings?

Diversion proceedings are conducted to primarily determine the:

responsibility of the CICL and

the teartment of the CICL on the basis of the child’s social, cultural, economic, psychological
or educational background.

57
 How to achieve the aims of a diversion proceeding?

To achieve the objectives of diversion, the Punong Barangay has to:

1 Ensure the child understands the diversion proceedings where he/she is involved by first
explaining to the CICL and his/her family the:
objective of the diversion proceedings (as described above);
value of diversion; and
consequence of not undergoing diversion

2 With respect to the offense, ask the CICL about the:

circumstances of the offense;
motives or purpose behind the offense; and
factors that led the child to commit the offense

3 Ask the CICL about some personal circumstances, including details of the child’s:
parents and family;
peers; and
educational status

4 Make the CICL understand the:

consequences of his/her actions and
responsibilities corresponding to the child’s actions

5 Ensure that the CICL:

understands and realizes his or her accountability;
feels remorse for his/her actions
is guided to take responsibility for repairing the harm done, in lieu of the filing a formal
case in the Court

How will diversion proceedings be conducted?

Diversion proceedings may be conducted in any manner or method that uses the restorative justice
approach. Some possible processes that may be used are:

victim-offender mediation peacemaking circles

community and family group conferencing circle sentencing
reparative probation and community any community accepted justice practices
boards and panel that embody restorative justice
58
 Refer to DSWD rules and guidelines for the conduct of the Diversion Proceedings in order to protect the
child from coercion, intimidation, harm, abuse, or other actions detrimental to the child’s normal
development.

The Punong Barangay must ensure:

proceedings are child-friendly and sensitive to the needs,

welfare and the protection of the rights of the CICL;

use language that is simple and understandable to the

CICL;

proceedings are conducted in a place where identities of

the child and the parties concerned are kept confidential;

there is enough privacy to avoid unnecessary interrup-

tions, distractions and/or participation from non-parties
that could humiliate or make the child feel uncomfortable

How long may diversion proceedings run?

Diversion proceedings must be completed within 45 days from the date it started.

Diversion proceedings deemed terminated when:

a Contract of Diversion is entered into the 45-day period expires without any agreement
reached
the CICL or the parents/guardian of the child do not consent to a diversion
the diversion authority finds that diversion is not applicable or desirable (based on the
factors earlier enumerated)

59
 What if the parents/guardian of the CICL refuse to participate or cooperate in the diversion
proceedings?

The Punong Barangay will:

ensure that the CICL and parents/guardian understand the objective of the diversion
proceedings, the value of diversion, and the consequences of not undergoing diversion

ask the reasons for the refusal to cooperate or participate

explain to the CICL and parents/guardian what are the possible consequences of non-
participation in the proceedings

If the parents/guardian if the CICL still decide not to participate in the diversion proceedings, the
diversion is deemed terminated and the Punong Barangay will:

issue a corresponding document certifying to the fact that no agreement is reached because
the CICL or his/her parents/guardian refuse to participate in the diversion proceedings; and

forward the CICL’s case (together with the certification of failure of diversion) to the WCPD
or the Prosecutor.

4.3 FORMULATION OF A DIVERSION CONTRACT

The diversion contract will be formulated

during the diversion proceedings.

The contract must contain:

a. the individualized diversion program

for the CICL
b. stipulation of rights, reponsibilities or
accountabilities of the CICL, parents/
guardian of the CICL, and offended
party (when applicable)
c. the voluntary admission of the CICL

60
What is the key requirement before a diversion contract is signed?

A contract of diversion may be entered into only when the CICL voluntarily admits the commission of
the offense.

What if the CICL or the parents/guardian of the child refuses to make a voluntary admission?

The Punong Barangay will explain that the voluntary admission of the child during the diversion
proceedings:

is only deemed a consent to undergo the Diversion Program and is not be considered an
admission of guilt; and
may not be used against the CICL in any way (such as in any future judicial, quasi-judicial or
administrative proceedings).

What is diversion program?

The diversion contract must contain:

the individualized program for the CICL

stipulation of rights, responsibilities or

accountabilities of the CICL, parents/
guardian of the CICL, and offended party
(when applicable)

A Diversion Program is the program that the

the voluntary admission of the CICL
CICL is required to undergo after being found
responsible for an offense, without resorting to
formal court proceedings.

The Diversion Program, which must be

individualized for each CICL, shall include
adequate socio-cultural and psychological
interventions and services for the child.

61
 What factors must be considered when formulating an individualized diversion program?

individual characteristics and peculiar circumstances of the CICL (such as the cultural, social,
economic, and religious circumstances of the child);
child’s feelings of remorse for the offense committed;
the parents’ or guardians’ ability to guide and supervise the child;
the victim’s view about the propriety of the measures to be imposed;
the availability of community-based programs for the rehabilitation and reintegration of the
child; and
the CICL’s record of prior offenses (if there is any)

What are some obligations or responsiblities that must be specified in the diversion contract?

The Diversion Contract shall include a stipulation of rights, responsibilities or accountabilities of

parties concerned, some of which are:

the reporting obligations of the CICL and parents/guardian-- they have the obligation to
present themselves to the Punong Barangay (or the person designated by the diversion
committee) at least once a month for reporting and evaluation of the effectiveness of the
program

the monitoring and/or supervisory obligations of certain duty bearers and other responsible
stakeholders (e.g. the principal to monitor and report the school attendance of the CICL)

A diversion contract is effective and binding only if the:

1. contract is in writing and signed by the

persons required under the law to sign it;
The offended party’s
2. diversion program and all the other terms acceptance of the diversion
and conditions in the contract are accepted contract is not required for
by the CICL and the parents/guardian of said the contract to be valid. BUT
child; and the Punong Barangay will
3. CICL voluntary admits the commission of the do his/her best to obtain
the agreement of the
offense.
offended party.

62
Who must sign the diversion contract?

the CICL
BCPC member assisting the Punong
Barangay; and
Parents/guardian of the child

LSWDO
Punong Barangay (as diversion
authority)

If the offended party agreed to the diversion contract, he/she may be asked to also sign the contract.
If the offended party is a minor, the parents/guardian of said minor will sign.

What if the victim or offended party does not agree to any of the item in the diversion contract?

The Punong Barangay shall still endeavor to obtain the agreement of the offended party to
individualized diversion program contained in the Diversion Contract by:

explaining to the offended party the benefits of forgiveness and diversion, and the need
to reform the CICL within the auspices of the community, instead of detention homes or
rehabilitation centers, once the CICL expresses remorse and a willingness to ask forgiveness
from the offended party; and

assuring the offended party that the LSWDO, together with the local government and the
community, will be responsible for reforming and monitoring the CICL through various
diversion programs.

If the offended party still does not express agreement to the diversion contract and the
diversion program in it, the diversion authority shall:

refer the offended party to the appropriate WCPD officer for the latter to explain how to file
a civil case against the CICL for the payment of the civil liability; and
then continue with the formulation of the diversion program and of the signing of the
diversion contract if the CICL and the CICL’s parents/guardian consent to it.

63
 What must be included in the diversion contract?

1. the Diversion Program to be followed by the CICL

2. method of monitoring
3. name of the parties who will monitor the activities
4. period of implementation of diversion program

What are the important factors to be considered in the formulation of a diversion program?

When formulating (and implementing) a diversion program, the Punong Barangay and the diversion
committee must ensure that said program:

is created with the application of restorative justice principles;

uses positive measures;

fully mobilizes all possible resources (which include the family, volunteers, schools
and other community institutions);

involves activities that involve effective, fair and humane dealing with the child; and

promotes the well-being of the child.

Some activities or courses of action that may be included in an individualized diversion

program are:

a. Restitution of property;
b. Reparation of the damaged caused;
c. Confiscation and forfeiture of the proceeds or instruments of the crime (if diversion program
is formulated at the law enforcement level);
d. Indemnification for consequential damages;
e. Written or oral apology;
f. Care, guidance, and supervision orders;
g. Counseling for the child in conflict with the law and the child’s family;

64
 h. Attendance in trainings, seminars and lectures on:
anger management skills;
problem-solving and/or conflict resolution skills;
values formulation; and
other skills which will aid the child in dealing with situations which can lead to the
repetition of the offense;
i. Participation in community-based programs, including community service; or
j. Participation in education, vocation and life skills programs.

4.4 IMPLEMENTATION OF THE DIVERSION PROGRAM

The diversion program is implemented

immediately after the signing of the
contract of diversion. The diversion
program may not be implemented
longer than two years from the time it
started.

Who supervises and monitors the process of a CICL’s compliance with the diversion program?

Punong Barangay with the assistance of the BCPC will supervise and monitor the CICL’s compliance
with and progress under the diversion program.

As a form of monitoring, BCPC members and community volunteers designated by BCPC may
conduct house visits with the child and parents/guardian to monitor the child’s progress in the
Diversion Program. This may be done in consulation and in collaboration with the LSWDO.

Who determines if the diversion program was success-

ination fully implemented?
A determ
ICL failed
that the C ith the
w
to comply nditions The Punong Barangay or designated BCPC will determine
d co
terms an if the diversion program was successfully implemented.
ersion
of the div
will be
contract
by the
certified
LSWDO.
65
 Can the CICL be given a second chance to comply with the diversion program under the
diversion contract?

Yes, provided that:

the LSWDO and other members of the diversion committee find that the continuation of the
diversion is still appropriate and desirable
the two-year period from the commencement of the diversion contract has not yet expired;
and
all parties (including the offended party) agree to give the CICL another chance to
successfully comply with the diversion program

66
 CHAPTER V
THE CHILD AT RISK (CAR)
The child who violated an ordinance, light offense,
or committed a misdemeanor

CHAPTER V-A
Page 68 Handling a CAR under R.A. 9344

CHAPTER V-B
Page 72 Intervention for CAR

67
 CHAPTER V-A
WHAT MAKES A MINOR A CAR
Use this Chapter of the Manual in cases involving a CAR (not a CICL) who violates:

1. local ordinances concerning juvenile status offense;

2. light offenses and misdemeanors against public order or safety; or
3. offenses not applicable to children and exempt them from prosecution.

What are some local ordinances concerning juvenile status offenses?

A minor who violates the following ordinances on juvenile status offenses are considered CAR:

curfew violations anti-smoking ordinances

truancy anti-drinking ordinances

parental disobedience other ordinances concerning

juvenile status offenses

If these acts are committed by

adults, they are not considered
offenses. That’s why they’re
called “juvenile status offenses”

So if minors commit these acts,

they should not be penalized.
They are considered CAR (not
CICL) and appropriate
intervention must be given
them

68
What if the barangay ordinance states that the minor has to be given a penalty (such as being
held at the barangay station) for violating a juvenile status offense?

Any ordinance that is inconsistent with R.A. 9344 are automatically modified and said CAR must only
be handled and dealt with according to the law (as described in Chapter Five-B of this Manual).

What are light offenses and misdemeanors against public order or safety?

These are some light offenses and misdemeanors that, if committed, will make a minor a CAR:

disorderly conduct vandalism

public scandal gambling
harassment mendicancy A child who commits any of
drunkenness littering these is a CAR, not a CICL!
public intoxication public urination
criminal nuisance trespassing

ILLUSTRATIONS WHEN IS A CHILD A CAR?

Barangay 143 is located in a city that prohibits minors from drinking alcohol in public places. Paulo, a
16-year old student, was seen by a barangay tanod to be drinking beer in a local sari-sari store after
school. Paulo is a CAR.

A municipal ordinance that covers Barangay 257 prohibits all persons from drinking alcohol in any
public park. The municipal ordinance contains a penalty of detention for 12 hours. Juan, a 16-year
old, was caught drinking with his friends Coco and Enrique (both of whom are adults) in the local park
near the church. The barangay apprehended the three of them. Juan is a CAR who must be handled
in accordance with R.A. 9344 as amended (as explained in this chapter). He cannot be treated in the
same manner as Coco and Enrique who are likely to be penalized in accordance with the ordinance.

Vandalism is strictly prohibited under a current ordinance of the city where Barangay 554 belongs. A
penalty of detention for 24 hours will be imposed on those found guilty of vandalism. Maja (19 years
old), Liza (16 years old), and Kim (18 years old) were caught last night in the act of vandalizing the
walls of the public school building in Barangay 554. Liza must be treated as a CAR, differently from
how Maja and Kim will be penalized under the city ordinance.

69
 Is a child committing a crime if found sniffing rugby?

No. All children are exempt from criminal liability if found to violate P.D. 1619 (such as sniffing rugby
and other volatile substances). Children are also exempt from prosecution for vagrancy, prostitution,
and mendicancy. These children are treated by law as CAR.

What offenses are not applicable to children?

prostitution under Section 202 of the Revised Penal Code

The child wh
o commits an
mendicancy under Presidential Decree No. 1563 of these offen y
ses is exemp
from prosecu t
tion and is
treated a CAR
, not a CICL!
sniffing of rugby under Presidential Decree No. 1619

Who may take custody of a CAR for violating local ordinances or for committing light offenses
or misdemeanors?

Any barangay official, tanod or BCPC member may take custody of a child who violates any ordinance,
light offense or misdemeanors as listed above. If the police takes custody of the CAR, the police will
be referring the child to the barangay for proper handling under Chapter Four-B.

How should a CAR be handled?

Use the next Section (Chapter Five-B) and the Flowchart to properly handle a CAR who violated a
local ordinance concerning juvenile status offenses; committed a light offense or msidemeanor
against public order or safety; or committed an offense not applicable to children. (Annex D)

70
The following are also considered CAR BUT do not use
this Manual when handling these children:

1. abused (physical, psychological, mental, economic,

etc.) and parents/guardians are unable to provide
protection to the child;
2. exploited (sexually, economically, etc);
3. abandoned or neglected and parent/guardian
cannot be found;
4. from dysfunctional or broken family and is without
a parent/guardian
5. out of school;
6. street child;
7. member of gang;
8. living in community with high level of criminality or
drug abuse; and
9. living in situations of armed conflict.

Different laws, guidelines, and manuals must be used

when handling the above listed CAR.

Chapter Six of the Manual however suggests primary

intervention programs to prevent these CAR from be-
coming CICL.

71
 CHAPTER V-B
HANDLING A CAR Have the following ready:
Flowchart on Handling a Child Who
Violated an Ordinance (Annex D)

a. TAKING CUSTODY OF CAR CAR Logbook (Annex G)

BCPC Form No. 1 (Annex E-1)

What should the barangay do when taking BCPC Form No. 3 (Annex E-3)
custody of the CAR? Directory of Contacts (Annex F)

Upon taking custody of the CAR, immediately:

introduce self to child and show proper identification

explain to child the reason for taking his/her custody

ask for child’s name, address and name of parents

Upon getting the name of the parents/guardian, immediately inform them (1) of the incident and (2)
to come over to the place of incident or the barangay station.

Remember
e strictly prohib-
The following acts ar
stody of the child
ited when taking cu
ndling the CAR:
(or any time when ha
ts of force or
1. use of intrumen
restraint
ence or force
2. unnecessary viol
3. vulgar language
on child
4. sexual advances Where do I bring the CAR?
5. torture
use of child
6. harassment or ab
To the barangay station for
registration and initial intake.

72
b. REGISTRATION AND INTAKE OF CAR

To register the child in the CAR Logbook, what information do I get?

Name of the child

Address of the child
Date of intake
Ordinance / light offense / misdemeanor committed
Name of parents/guardian and contact details

The CAR Logbook must be kept by the barangay in a secure place to ensure the confidentiality of
records of the child. Failure to protect confidentiality may subject the barangay officials to penalties.

The CAR Logbook is different from the CICL

Logbook. Keep them separated!

The CAR Logbook is confidential. It can be

opened only by:

Punong Barangay
Duly designated barangay officials
under the BCPC
LSWDO
Juvenile Justice and Welfare Council

What if the CAR can’t communicate or refuses to give his/her name?

Get the information from other people who may be present; and
Immediately contact the LSWDO for assistance in communicating with the child

Who may conduct the intake?

Punong Barangay
Duly designated members of the BCPC

Use BCPC Form No. 1 (Intake Form for BCPC) in conducting the intake of the CAR [Annex E-1].
73
 What can I ask the CAR during intake?

Only questions needed to fill out BCPC Form No. 1 must be asked. If some information needed in
BCPC Form No. 1 may be provided by other persons (e.g. parents, teachers), the BCPC can get this
information from them and not from the CICL anymore.

What can I ask the CAR during intake?

the barangay official who took the child into custody The conduct of intake
BCPC representatives is confidential. Any
Parents/guardian of child person not listed here
LSWDO cannot be present
If needed: interpreter or mental health professional during intake.

When talking to the child during intake...

Use simple language or dialect that can be understood by the child. At all times, the BCPC must be
courteous, child-friendly and not appear to be intimidating to the child.

If the child speaks a different language/dialect and cannot

understand the language used by the BCPC...
Get an interpreter who can assist in conducting the intake; or
Ask assistance from the LSWDO to ensure that communication with the
child is done properly

If the child refuses to talk...

Ask assistance from LSWDO to ensure that communication with the child
is done properly

If the child has a disability...

Ask assistance of appropriate medical professional in conducting the
intake (The LSWDO can help you get assistance.)

74
What if the CAR is not a resident of my barangay, what to do?

Complete conduct of intake (as described above) and afterwards refer the child’s case either to:

a. the barangay where the child resides; or

b. the LSWDO.

Complete the appropriate referral form (BCPC Form No. 3) [Annex E-3] before referring the child.
After the intake, your barangay will no longer handle the intervention program for the CAR who does
not reside in your barangay.

NOTE:
Even if the BCPC (of the ba-
The barangay that took initial custody of the child rangay where the child does
is encouranged to have the child submitted to a not reside) knows who is
medical exam before turning over the CAR to the the family of the child, the
barangay-of-residence especially if the CAR has custody of the child must
still be turned over to either
physical injuries. This serves as an additional
the barangay-of-residence
protection to the barangay who might be accused of or the LSWDO.
wrongful handling of the child.

c. BCPC HANDLING OF CAR (WHO IS RESIDENT OF THE BARANGAY)

If the CAR is in the custody of the barangay where the child resides, the BCPC must proceed to:

a. conduct the INTAKE of the child (as described above);

b. NOTIFY parents/guardian of the child; and
c. TURN OVER the physical custody of the child to the appropriate person.

More on the INTAKE

What if another barangay (where the child is not a resident) first took custody of the child and
already did an intake, should our BCPC still conduct another intake on the child?

Yes. After receiving custody of the child, your BCPC must still conduct an intake but taking into
consideration the information provided by the Intake Form and Referral Form (BCPC Forms No. 1
and 3) received from the referring barangay. This will ensure a shorter intake of the child and only
questions that will needed clarification from the child will be asked.

75
 Must the CAR still be submitted to a medical examination after custody is taken or after intake is
completed?

If the child is taken into custody for violating an ordinance involving a juvenile status offense or a
light offense / misdemeanor as listed above, submitting the CAR to a medical examination may
not be necessary.

But the child may have to be submitted to a medical examination if:

there are indications that the physical condition of the child (e.g. having physical bruises)
requires attention or evaluation of a medical professional; or
the CAR was taken into custody for allegedly violating laws on prostitution, mendicancy,
or sniffing of rugby.

On NOTIFYING parents/guardian

Even before intake is completed, once the names of parents/guardian and contact details are
obtained, the BCPC must immediately inform them:

that their child was taken into custody for violating an ordinance involving juvenile
status offense, committing a light offense/misdemeanor or committing acts that amount
to prostitution, mendicancy or sniffing of rugby; and
where the child is held in custody and advise them to immediately proceed to the
barangay.

If the CAR is unable to communicate who is his/her parent or

guardian...
seek assistance of LSWDO in talking to the child
contact other persons (e.g. school personnel where the child is enrolled)
who may have information about the child’s family
check government or barangay records if information is available

If the BCPC cannot reach the parents/guardian of the child...

the physical custody of the child must be turned over to the LSWDO (and
while waiting, let the CAR stay in a child-friendly space)

76
 If no information is obtained on who are the parents/
guardian...
the physical custody of the child must be turned over to the LSWDO (and
while waiting, let the CAR stay in a child-friendly space)

Should we still inform the PAO or a lawyer if a CAR is taken into custody?

No need to inform the PAO or any other lawyer that a CAR is taken into custody for violating an
ordinance involving a juvenile status offense or a light offense / misdemeanor.

On TURN OVER of physical custody to appropriate person

When do we turn over physical custody of the CAR to the parents/guardian?

Turn over the physical custody of the CAR to the parents/guardian after:

1. completing intake of the child (i.e. completed BCPC Form No. 1);
2. determining that the CAR is not “high risk”;
3. giving appropriate advice/guidance to the CAR to avoid future violations; AND
4. giving the parents/guardian the appropriate advice/reprimand/warning of their
obligations to closely look after the child

If there are indicators that the CAR is ‘high risk’ and upon consultation
with the LSWDO, the BCPC must turn over the child to the LSWDO (and not to
the parents) for appropriate intervention.

When is a CAR considered “high risk”?

The following are some indicators that a CAR is “high risk”:

If the CAR violated an ordinance or committed a light offense/misdemeanor only for the
second or third time
If the CAR’s violation involves either prostitution, mendicancy, or sniffing of rugby
If there are other circumstances showing that the child is at risk for other reasons and is
deemed to be extremely vulnerable and at risk of being pushed and exploited to come in
conflict with the law

77
 What are some circumstances that show the child is deemed to be extremely vulnerable and at risk
of being pushed and exploited to come in conflict with the law?

If the CAR, other than violating a mere ordinance involving a juvenile status offense, is also found
to be:

abused by any person through sexual, physical, psychological, mental, economic, or

any other means, and the parents/guardian refuse, are unwilling, or unable to provide
protection for the child;

exploited sexually or economically;

abandoned or negleacted, and after diligent search and inquiry, the parents or guardians
cannot be found;

coming from a dysfunctional or broken family or being without a parent or guardian;

out of school;

a street child;

a member of a gang If these circumstances are

also present (in addition to
living in a community with a high level the ordinance violation, light
of criminality or drug abuse; offense, or misdemeanor),
the CAR is considered “high
risk” and the child’s custody
living in situations of armed conflict
must not be turned over to
the parents/guardian
If the BCPC is not sure if the CAR should be
considered ‘high risk’, consult the LSWDO
to make the proper determination.

What if the parents/guardian want physical custody of the CAR but the BCPC considers the child to
be “high risk”?

The BCPC, after consulting the LSWDO, must assess if it is in the child’s best interest to turn over
physical custody to the parents/guardian. Even if physical custody is released to the parents/
guardian, the case of the CAR will still be referred to the LSWDO for further assessment of the
child and formulation of the appropriate intervention program.

78
 If the BCPC cannot locate or access the LSWDO, the physical custody of the CAR may be
turned over to the social workers connected or affiliated with the DSWD. Meanwhile, the child
must be held safely in a child-friendly space in the barangay.

What documents will the BCPC give the LSWDO with the transfer of physical custody?

The BCPC must give copies of the following documents to the LSWDO:

Intake Form for Barangay Council for the Protection of Children

(BCPC Form No. 1)
BCPC Referral Letter / Form (BCPC Form No. 3)
Documents attached to BCPC Forms No. 1 and 3

d. AFTER TURN OVER OF CUSTODY

After physical custody of the CAR is given to the LSWDO, will the BCPC still do something?

These are the next action/s expected from the BCPC after physical custody is given to the LSWDO:

If the physical custody is given

Next action/s expected from BCPC
to the LSWDO because:
After custody and initial intake of the No further action from the BCPC. The LSWDO and the
CAR, the barangay discovers that the barangay where the child resides take over in handling
child is not a resident of the barangay case of the CAR.
The BCPC will participate in the Intervention Conference
BCPC cannot locate the parents/ to be conducted by the LSWDO for the CAR.
guardian of the CAR
Depending on what is agreed during the Intervention
Conference, the BCPC (together with other stakehold-
CAR is considered “high risk” ers) will also assist the LSWDO in monitoring the im-
plementation of the Intervention Program for the CAR.

If the physical custody is given to the parents/guardian

The BCPC may continue to monitor the progress of the child to see if the child and the parents/
guardian followed the advice/guidance earlier given to avoid any repeat offense of the child.

79
 Preventing a child ‘at risk’ from becoming ‘in conflict with the law’ OR preventing a child from
becoming ‘at risk’

See Chapter Six for possible prevention programs that can be implemented at the barangay level:
(1) to help a CAR avoid becoming a CICL; and (2) to prevent children in the barangay from becoming
either CAR or CICL.

80
 CHAPTER VI
PREVENTING CICL
How to prevent children from becoming CICL

6.1
Page 82 Mandate to Prevent CICL

Page 84 6.2
Primary and Secondary Prevention

Page 85 6.3
Menu of Prevention Programs

Page 92 6.4
Menu of Primary Prevention Programs

Page 94 6.5
Menu of Secondary Prevention Programs

Page 96 6.6
BCPC: a vital factor to prevent CICL

81
 CHAPTER VI
PROGRAMS TO PREVENT CICL
Intervention programs of barangays are not only for CICL.

Separate intervention programs are also created to prevent

children from becoming CICL. These are called under the law as
primary and secondary interventions but more appropriately termed
as “Prevention Programs” under this Manual. (Chapter Three deals
with tertiary intervention or intervention of CICL)

6.1 MANDATE OF PREVENTION

BARANGAY MANDATE: Provide programs

and services for children!

The law mandates each barangay to:

institute programs on juvenile justice and welfare;

provide services that respond to special needs, problems, interests, and concerns of
children;

deliver services that offer appropriate counseling and guidance to children and their
families

The barangay shall institute these programs and services through its BCPC whether individually or
together with other barangays and in coordination with schools, youth organizations, child-focused
institutions, NGOs, and other concerned agencies.

82
 An ounce of prevention is better than a pound of cure.
Specific Goal:
Prevent CICL The barangay can take action to decrease the number of
CICL by implementing effective intervention programs for
prevention of juvenile deliquency.

remember
The barangay’s role is critical in PREVENTING
a child from becoming a CICL.

What are prevention programs?

Prevention programs are activities that promote the best interest of the child to help the child avoid
situations where they will be “at-risk” or in conflict with the law.

To prevent children from offending the barangay must implement either PRIMARY or SECONDARY
prevention programs.

What does “promoting the best interest of the child” mean?

Creating conditions that are more beneficial for the survival, potection and feelings of
security of the child;
Encouraging the child’s physical, psychological, and emotional development;
Choosing alternatives that safeguard the growth and development of the child.

To avoid CICL, implement prevention programs for:

Children in general Children at risk

Primary Intervention Secondary Intervention

83
 6.2 PRIMARY AND SECONDARY PREVENTION

PRIMARY prevention programs2

These are general measures that deal with root causes of

offending. These programs hep prevent children from be-
coming at risk. Such programs (which include those involving
advocacy and socio-economic, health and nutrition, training Some of the identified
root causes of offending:
and education services) also promote the physical and social
well-being of children. Poverty
History of abuse of
child
Neglect of child
Primary prevention programs are aimed at:
*Based on factors that may drive
children to be in conflict with the law.
From Chapter One (Giving Children
1. all children; in Conflict with the Law a Human
2. their parents; and Face) of “Behind the Mask” of Plan
Philippines.
3. the entire community.

What are some primary prevention programs that the barangay can implement?

See Section 6.3 and 6.4 of this chapter.

SECONDARY prevention programs3

These are measures that assist any child at risk (CAR) or a child who is vulnerable to and at the risk
of comitting a crime because of personal, family, and social circumstances. These measures, such as
protective services for children, are intended to avert or prevent juvenile delinquency.

When is a child at risk?

A child is at risk when he/she violated an ordinance involving a juvenile status offense or committed
a misdemeanor or a light offense (See Chapter Five at page 67) or is:

abused (sexually, psychological, mental, economic, etc.) and parents/guardian are

unable to provide protection for the child;

2
Known under RA 9344 (Rule VI) as “primary intervention” programs.
3
Known under RA 9344 (Rule VI) as “secondary intervention” programs.
84
 exploited (sexually, economically);

abandoned or neglected and parents/guardian cannot be found;

from a dysfuctional or broken family and is without a parent/guardian;

out of school;
Is there a child from your
barangay who is covered by this
street child; list? Then this child is a CAR who
needs protection and assistance
from the barangay.

member of gang;

living in a community with high level of criminality or drug abuse; and

living in situations of armed conflict.

A CAR needs special protective and preventive programs to reduce the risk of offending the law.

What are some prevention programs (secondary) the barangay can implement for the CAR?

See Section 6.3 and 6.5 of this chapter. These are proposed programs to help them avoid becoming
CICL.

6.3 MENU OF PREVENTION PROGRAMS

The Comprehensive National Juvenile Intervention Program Framework presents a menu of possible
programs that can be implemented either as PRIMARY or SECONDARY prevention programs.4

4
Referred in the CJNIP as “Interventions”
85
 What are some prevention programs that cater to CHILDREN?

1. Skills training
2. Life skills training
3. Provision of developmental activities
4. Access to formal and alternative learning education

What types of skills training can a barangay implement?

Numerous barangays conduct skills training for children by inviting, on their own initiative, resource
persons, or by partnering with the Technical Education and Skills Development Authority (TESDA).

Some barangays in NCR share that among the skills training programs implemented in their
respective communities with TESDA are call center training, cellphone repair, t-shirt printing,
and basic computer literacy. Some barangays in Region I are conducting trainings on welding
and carpentry.

Your barangay may also partner with private groups and organizations to implement training
programs that may meet the skill requirement of local businesses.

If your barangay is interested to

conduct skills training programs
with the assistance of TESDA, you
may contact:

TESDA National Office:

Call (02) 8877777 (Trunk Line)
Email tesdacontactcenter@gmail.com

TESDA Regional Offices:

Contact numbers and regional websites
listed in www.tesda.gov.ph

86
 What are being taught in life skills trainings?

Life skills trainings develop / increase positive behavior of children to enable them to deal effectively
with demands and challenges of everyday life.5 Among the skills taught children are:

a. reflective skills (such as problem-solving and critical thinking)

b. personal skills (such as self-awareness); and
c. interpersonal skills (such as communiation).

Life skills trainings are directed towards the develpment of a child’s fullest potential. In Region I,
one barangay holds leadership trainings for children while another barangay, in cooperation with
the local church, implements values education sessions or holds bible school for children during
summer vacation.

One barangay organizes “boodle fights” (with children and adult barangay volunteers) to
encourage team-building among the youth of the barangay and to give the youth a venue to be
under the guidance of responsible adults.

Many recognized child-friendly

barangays have been organizing (in
coordination with schools) gender Life skills education develops skills “that
and development (GAD) activities for minimize risk factors and maximize protec-
school children. tive factors” (http://www.unicef.org/lifeskills/index)

The “roots of sexual violence in the Philippines can be traced to the

traditional or pervasive attitudes towards sexuality and gender...”

The “roots of violence among children and adolescents can be

traced to traditional views such as machismo...”

Painted Gray Faces, Behind Bars and in the Streets: Street Children and the Juvenile Justice System in the
Philippines (UP-CIDS Project)

5
Based on definition of “life skills” in http://www.unicef.org/lifeskills/index_7308.html.
87
 What are examples of developmental activities for children?

There is a long list of activities that a barangay can conduct to help advance the following areas of
the child’s development:

physical intellectual artistic, social

musical

One barangay in a rural area supports activities of the school choir within its jurisdiction while
another barangay gives children regular training to play musical instruments.

One barangay from the urban area sponsors theater plays of children in partnership with a
local non-governmental organization. Another barangay, in coordination with the Sangguniang
Kabataan, holds a battle of the bands where children are part of the performing groups.

Numerous barangays hold sports activities and even sports leagues during summer vacation. Tree
planting activities involving children are also conducted by various barangays.

Another barangay invites children to take basic swimming and disaster preparedness courses.

In an identified rural area, a group of barangays heavily supports a school of living tradition where
children are taught history and the preservation of culture.

How can the barangay help children access formal or alternative learning education?

There are numerous ways to encourage

children to attend formal education or
alternative learning programs. Several
barangays implement back-to-school Is there no alternative learning educa-
tion program in or near your barangay?
programs by providing children free Inquire from the Deparment of Education
school supplies and uniforms. how to establish / access an alternative
learning system for your barangay:
If there are children who cannot attend
DepEd Regional Offices or Division Offices
formal schooling, the barangay can Contact numbers listed in
encourage these children to be part of an www.deped.gov.ph/directory.asp
Alternative Learning System (ALS).

88
What are some preventive programs that cater to PARENTS?

1. Parent Effectiveness Seminars (PES)

2. Empowerment and Reaffirmation of Paternal Abilities (ERPAT)
3. Livelihood program for CICL and their families

Parents Effectiveness Seminars (PES)

The PES is a DSWD-initiated program that focuses on helping parents to properly care for children. In
this seminar, parents are given knowledge and skills on early childhood development, health care,
behavior management, and parenting duties and are taught how to better understand the behavior
of a growing child and how to mold the child to becoming a better person.

Among the various modules given in the PES are: challenges of parenting, keeping the child safe
from abuse, and building children’s positive behavior.

Empowerment and Reaffirmation of Paternal Abilities (ERPAT)

ERPAT is also a DSWD service-project that emphasizes on the importance of knowledge, attitude,
and skills development among Filipino fathers in performing their paternal roles and responsibilities.
It facilitates community-based sessions, conducts training of father leaders and volunteers in the
community for them to have collective action and participation in uplifting the roles of fathers in the
family.

Some children who have been in

conflict with the law “leave home for
the streets due to various reasons.”

How can your barangay implement PES and ERPAT?

If your barangay needs help to organize and implement a PES or ERPAT, you may get in touch with the
LSWDO nearest your barangay. The LSWDO can train the BCPC and other barangay volunteers (e.g.
barangay health workers) in conducting PES and ERPAT in your localities.

89
 Effective and responsible parenthood is “now seen as
a key strategy in preventing children from coming in
conflict with the law.”

An NGO (with projects in several barangays in Manila)

trains parents on responsible parenthood and effective
parenting practices. The trainings highlight “abusive
disciplinary pratices that should be discontinued by
parents” and teach parents to instead use “positive dis-
ciplining techniques.” In these trainings, “parents realize
that their parenting practices may drive their children to
misbehave and commit anti-social activities.

Seeds of Hope, CORDAID citing the experience of Families and

Children for Empowerment and Development Foundation
(FCED)

Livelihood program for parents

TESDA can also assist the barangay in conducting skills trainings for parents as a means to develop
their livelihood capabilities.

A NCR-based barangay has been funding a livelihood program for parents in the community as one
of its measures to prevent children from being at risk or becoming a CICL. Another barangay reports
that it conducts skills trainings sessions specifically for single parents.

Street children were asked “by one

or both parents to help augment the
family income” by pitching in before
or after school hours.

Painted Gray Faces citing Childhope Asia Phils.,

“Learning from Facilities on the Edge” (Dec. 1996)

90
What are some ways to implement primary prevention programs aimed at the COMMUNITY?

1. Awareness raising on the situation and laws on children

2. Training/capacity-building of community volunteers
3. Formulation/strengthening of:
People’s organization/community watch groups;
Children and youth organizations; and
the BCPC

“when community members are inculcated

with a sense of responsibility in upholding
children’s rights, know what child abuse is,
and know what can be done to protect chil-
dren from abuse, the entire community will
be more child-friendly and children will
be less likely to engage in risky and illegal
behavior.

Seed of Hope, CORDAID (citing FCED and Tambayan)

Awareness raising

Various barangays have been holding orientation sessions on the children’s rights and
relevant laws on children including R.A. 9344 and R.A. 7610 (Special Protection of Children
Against Abuse, Exploitation and Discrimination Act). Some barangays take the extra step in
promoting child welfare consciousness by having a children’s month celebration and an
annual children’s summit.

Community volunteers, watch groups

One often-implemented strategy to prevent CICL involves the develpoment and mobiliza-
tion of community volunteers who can assist the barangay in reporting children who are
suspected victims of abuse, neglect, and exploitation. Watch groups can be created such as
91
 Bantay Bayan project in one Barangay where community volunteers form part of a roving
patrol to monitor the whereabouts of children in the barangay.

In one barangay, adult volunteers are assigned to serve as “father” or “mother” figures to
youth in the barangay. The parent figures give counseling and guidance to the children in
the community.

Community volunteers can even form part of the BCPC who can give care and assistance to
children in the barangay.

6.4 MENU OF PRIMARY PREVENTION PROGRAMS

In addition to those listed under Section 6.3, there are specific programs for children to help them
avoid being at risk or being in conflict with the law.

What programs are specifically aimed at primary prevention?

1. Early childhood care and development

2. Health services / Education
3. Value formation activities
4. Institutionalization of activities on children and youth, e.g. congress, camps, summit, fora
5. Access of children to child and youth organizations (e.g. SK) and other government and
private agencies dealing with the children and youth sector
6. Creation of a child-friendly space within the barangay

Early childhood care and development

The Early Childhood Care and Development (ECCD) Program is a full range of health,
nutrition, early education, psychological, and other service that provide for the holistic
needs of children 0-6 years old to promote the development of their optimum potential.
Among the programs included in the ECCD are day care centers and supervised neighbor-
hood plays.

Using different modules, the DSWD trains communities to develop their own ECCD. If your
barangay is interested in implementing ECCD programs, contact the LSWDO nearest your
barangay.

92
 Child-friendly spaces

In one barangay from the urban area, a “playroom” was created at the barangay hall so
children from the community, instead of staying on the streets, will a have a safe place to
hang out and have fun while under supervision of volunteer adults (members of BCPC).

One barangay from the rural area has established an “open library” at the barangay hall
where children can study and access books for free.

CHECKLIST IS MY BARANGAY’S PROJECT GOOD FOR PRIMARY PREVENTION?

Will it develop the potential and sustain the strengths of a child to prevent the child from
being at risk of offending?

Will it develop the potential and sustain the strengths of a family to prevent any child from
being at risk of offending?

Will it develop the potential and sustain the strengths of the community to prevent any
child from being at risk of offending?

If you checked ANY of these questions, your project can be considered to promote
primary prevention.

93
 6.5 MENU OF SECONDARY PREVENTION PROGRAMS

In addition to those listed under Section 6.3, there are specific programs that can help children at risk
avoid being in conflict with the law.

What are some suggestion prevention programs for CAR?

1. Hold programs specifically for CAR in coordination with:

a. Youth organizations;
b. Faith-based organizations; and
c. Children Associations/Federations
2. Organize a system of referral of CAR to social workers for BCPC Duty:
psychosocial intervention To protect and assist
3. Refer the CAR and his/her family to a social worker for children at risk!
family therapy
4. Report CAR to Special Drug Education Centers
5. Organize watch groups
6. Institutionalize birth registration in barangays

Other suggested secondary prevention programs for CAR

If the child is... Suggested programs

abused (physical, psychological, organize watch groups that can monitor cases of abuse and
mental, economic, etc) exploitation

create a system of reporting to the LSWDO or the PNP/WCPD

cases of abuse and exploitation

exploited (e.g. sexually, coordinate with NGOs and faith-based organizations that
economically) assist abused and exploited children

abandoned or neglected and create a system of referral to LSWDO/DSWD

parent/guardian cannot be
found coordinate with NGOs and faith-based organizations that
assist abandoned or neglected children

94
 If the child is... Suggested programs

from a dysfunctional or broken coordinate with NGOs and faith-based organizations that
family (and is without a parent/ assist and facilitate family therapy sessions, parenting
guardian) capability or responsible parenthood, etc.

coordinate with LSWDO / DSWD

out of school skills training programs for children

promotion of the alternative learning system

creation of drop-in centers for street children

a street child create a system of referral to/monitoring of the children to the

local school authorities

gang member creation of peace camps and other activities that promote
peaceful interaction among different gangs

create a conciliation area for children who figure in fights

living in a community with create a system of reporting CAR to Special Drug Education
high level of criminality or drug Centers
abuse
provision of security in schools/day care

living in situations of armed

coordinate with LSWDO/DSWD-Region
conflict

95
 CHECKLIST IS MY BARANGAY’S PLANNED PROJECT GOOD FOR SECONDARY PREVENTION?

Will the project assist a CAR, his/her family and the community?

Is the project aimed at preventing circumstances that make a child vulnerable to get in
conflict with the law?

Is the project focused on the problem areas involving the child, family, and community such
that if the problems are resolved, the circumstances of the child would return to a healthy
and functioning state?

Is the project preventive and protective in nature?

If you checked ALL of these questions, your project is a good secondary prevention
program to implement in your barangay.

6.6 BCPC: A VITAL FORCE TO PREVENT CICL

Does your barangay have a functional and active BCPC?

Every barangay is legally mandated to constitute a BCPC. The BCPC has the duty to assist the
barangay in overseeing the proper implementation of R.A. 9344 and plays a crucial role in preventing
children from being at risk or becoming in conflict with the law.

To be considered functional and active, BCPC must:

have members prescribed by law

be performing duties required by law

be given by the barangay a working budget

96
BCPC Composition

Punong Barangay

Brgy. Kagawad Brgy. Nutrition Brgy. Day Care Brgy. Health

(Chairperson on Women
and Family) Scholar Worker Nurse/Midwife

Brgy. Health School head/s in

the brgy. (e.g. Princi- Chief Tanod SK Chairperson
Worker pal / Teacher-in-charge)

Child PTA President or NGO

his/her
Representative representative representative

What are some duties of the BCPC that can help prevent or assist CICL?

Programs for children

a. Institute community-based programs aimed at preventing children from becoming in

conflict with the law

b. Maintain a children’s database in the barangay

Networking and coordination

a. Get participation of child-focused institutions, NGOs, schools and government agencies

in the planning/implementation of prevention programs for children

b. Conduct an inventory of all NGOs serving CICL and mobilize them as resources for the
effective implementation of R.A. 9344 as amended

Assistance to families

a. Encourage proper performances of the duties of parents

b. Assist parents in securing expert guidance counseling from the proper governmental or
private welfare agency
97
 c. Hold classes and seminars on the proper rearing of children and on positive parent-child
relationship

d. Take steps to prevent juvenile deliquency and assist parents of children with behavioral
problems so that they can get expert advice

Role in Diversion

a. Assist the Punong Barangay in conducting diversion proceedings

b. Assist the LSWDO in developing diversion programs for CICL

What are some ways to strengthen our BCPC?

Invite community volunteers

Raise funds from the private sector
Partner and share resources with:
a. other barangays
b. NGOs
Learn from the best practices of other BCPCs/barangays

Do you need help in organizing / strengthening your BCPC?

Several government agencies can help you!

Contact the:

Department of the Interior and Local

Government (DILG) The DILG can conduct orientations for the
organizations and strengthening of the BCPC
Tel No. 9250347 and the development of the Comprehensive
Fax No. 9250361 Juvenile Justice Intervention Program.
E-add aapanadero@dilg.gov.ph

Coucil for the Welfare of Children (CWC)

The CWC can help the BCPC in advocating and
Tel No. 4157985 / 7408864 / 7405490 promoting children’s rights
Fax No. 7811040

98
 Juvenile Justice and Welfare Council
(JJWC) The JJWC can assist your barangay and
neighboring BCPCs to learn more about R.A.
Tel No. (02)9210565 / (02)7945972 9344 as amended
E-add secretariat@jjwc.gov.ph

99
 ANNEXES

100
ANNEX A

101
 ANNEX B-1

102
ANNEX B-2

103
 ANNEX C

104
ANNEX D

105
 ANNEX E-1

106
ANNEX E-1 (PAGE 2)

107
 ANNEX E-2

108
ANNEX E-2 (PAGE 2)

109
 ANNEX E-3

110
ANNEX E-4

111
 ANNEX F

112
113
114
ANNEX G