Tagapan Cicl PDF

RESEARCH ON THE SITUATION
OF CHILDREN IN CONFLICT WITH THE LAW

IN SELECTED METRO MANILA CITIES
Adhikain Para sa Karapatang Pambata

Ateneo Human Rights Center
RESEARCH ON THE SITUATION
OF CHILDREN IN CONFLICT WITH THE LAW
IN SELECTED METRO MANILA CITIES
Adhikain Para sa Karapatang Pambata

Ateneo Human Rights Center
This report forms part of the CD-ROM entitled, “BREAKING RULES: Children in Conflict
with the Law and the Juvenile Justice Process, The Experience in the Philippines.”
Published by: Save the Children UK

3/F FSS Building 1
89 Scout Castor Street, Quezon City, Philippines
Copyright 2004 Save the Children – UK
Philippines Programme
This material is copyright but may be reproduced by any method without fee or prior
permission for teaching purposes, but not for resale. For copying in any other circumstances,
prior written permission must be obtained from the publisher, and a fee may be payable.
Research Team
Project Director: Maria Glenda R. Ramirez
Project Coordinators: Yvette C. Tenefrancia
Nelda Erynn P. Torio
AKAP Director: Ana Janet F. Suñga
Consultants: Prof Jeffry Tejada
Prof Maria Cristita Mallari
Dr Ma. Louisa Carandang
Violeta Cruz
Atty Roselle Tenefrancia
Atty Araceli Habaradas
Contributing Writers: Atty Tricia Clare Oco
Atty Roselle Tenefrancia
Atty Araceli Habaradas
Atty Amparita S. Sta. Maria
Editors: Atty Maria Victoria V. Cardona
Atty Claire P. Hipolito
Technical editing: Wilma T. Bañaga
Design and layout: Dok Pavia
Save the Children UK is a member of the International Save the Children Alliance, the
world’s leading independent children’s rights organisation, with members in 27 countries and
operational programmes in more than 100 countries.
Save the Children works with children and their communities to provide practical assistance
and, by influencing policy and public opinion, bring about positive change for children.
ii Save the Children – UK

Acknowledgments
A research of this magnitude and intricacy cannot be accomplished without

the assistance, encouragement and support of many people. Throughout the
preparation of this project, the research team has relied on a great number of
individuals, without whom its completion would have been impossible. Thus, it
wishes to acknowledge the following for their specific contributions:
Save the Children UK, for its financial support and technical inputs for this
project since its inception, for the staff’s patience and understanding, and for
bearing with us through the delays encountered with the work.
The steadfast support, friendship and inspiration throughout this project from
the lawyers of the Ateneo Human Rights Center (AHRC), namely, Carlos P.
Medina, Jr. (Executive Director), Atty. Sedfrey M. Candelaria, Amparita S. Sta.
Maria, Maria Aleli R. Domingo-Bernardino, Myrfi S. Gonzalez, Clarinda P. Hipolito,
Minerva Tan, Gilbert V. Sembrano and Ray Paolo J. Santiago. They provided
encouragement and moral support in the course of the research.
The AHRC staff--Ms. Carmelita D. Santos and Ms. Evangeline B. Riosa, for their
technical and moral support; and Mr. Reuben R.Verdejo and Mr. Rodelio M.
Ernacio for always being there to patiently help us run our errands.
The Ateneo Professional Schools (APS) for providing us the venue to present
the focus group discussions, interview trainings and initial findings of the study.
The project consultants, for their valuable critique, initial inputs and suggestions.
We are grateful to Professor Ma. Cristita Mallari, for her helpful insights
and commentary; to Professor Jeffry Tejada, who provided the statistical
interpretation and analysis of our gathered data; and to Dr. Ma. Louisa
Carandang, Ph.D. and Mrs.Violeta Cruz, for providing invaluable approach and
shared experiences during the project. We are especially grateful to Atty.
Roselle Tenefrancia, who helped interview the children in conflict with the law
and the components of Manila’s family courts. She also provided invaluable
assistance in the writing of this paper as a sounding board and a critic as we
brainstormed the interpretation and conclusions.
The Family Courts, Prosecutors, Public Defendants, Social Workers, Bureau

of Jail Management and Penology (BJMP) Officials, the police, probation and
barangay officers. They supported the project’s aim and discussed issues
regarding the situation of CICL and for their warm welcome and comfortable
accommodation during the interview and data gathering phase of our study.
Our thanks also extend to our friends in the private sector who have given
access to relevant data and information.
Save the Children – UK iii

Ms. Marah Candy Aguilar and Ms. Toni Ann San Agustin, who both helped
tremendously in compiling the court cases of CICL in all the family courts of
the project’s five key cities; Mr. Ferdinand Diño, for helping amass the collection
of research materials used in the study of related literature; Mr. Gonzalo Go
III, Ms. Ivy Angelli Rosales, Mr. Fritz Ritchie Avila and Ms. Angelisa Razo, for their
invaluable assistance in the tabulation of the interview results.
We would like to specifically acknowledge the following individuals for their

assistance and for their substantial contributions during the interview phase.
We appreciate the time and effort each of them has put into this study that
contributed towards the completion of this research project:
Blessie Abad, Rommel Alim Abitria, Scarlette Rose Abragan,

Joel Aguirre, Xilca Alvarez, Pia Alvendia, Marie Amular -Angeles, Annang Heather
Anoñuevo, Reginald Thomas, Antonio Salvador Jr., Denise Jordan Arenillo, Maria
Victoria Awid, Dexter Balot, Jeri Alanz Banta, Angelica Benedicto, Ferdinand
Benitez, Ria Berbano, Dexter Bernades, Elizabeth Bingas, Christine Bio, Janina
Bustos, Cristina Cabrera, Edelyn Cadapan, Mary Caniba, Ameera Capay, Maria
Angelica Capili, Paola Cardenas, Lovely-Ann Carlos, Ma. Jasmin Casaje, Eleazar
Castillo, Charisse Jen Choa, Rhoda Cisnero, Claire M. Clementir, Philson Co,
Christina Codilla, Diana Dare, Philip De Jesus, Linabelle De Venecia, Ma. Gemma
Dee,Yola De La Cruz, Franklin Del Castillo, Christopher Delos Reyes, Amylex
Depano, Anel Diaz, Katrina Pia Diaz, Ferdinand Diño, Jen Dinopol, Warren Dy
Chua, Mylene Eguilos, Mark Leinad Enojo, Michelle Ann Erum, Ma. Cristina
Espinosa, Laurice Esteban, Jose Eduardo Genilo, Gonzalo Go III, Mahlene
Go, Margaret Ann Go, Jinky Guevarra, Raffy Guina, Cyril Eugene Hermoso,
Claire Hernandez, Jennifer Hernandez, Ma. Cristina Hipolito, George Hipolito,
James Imbong,Veronica Inoturan, Chris Lawrence Isidro, Erika Jimenez, Rhoda
Jimenez, Christine Jolo, Charmane Kanahashi, Archelle Lagsub, Franco Paolo
Lasam, Patrick Lauron, Jojo Leagogo, John Lee, Monica Ley, Joey Linsangan,
Aaron Litonjua, John Paul Loo, Joseph Lopez, Beryl Macabaya, Francis Maynard
Maleon, Clarissa Aeaea Mallari, Fernando Maronilla, Julie Mercurio, David Craig
Meregillano, Sheila Monedero, Ronald Monera, Tony Roberts Moreno, John Paul
Nabua, Gian Navarro, Freedom Navidad, Tom Jayson Ngo, Trinie Anne Nieva,
Rester John Nonato, Carissa Agnes Olmedo, Dean Oriñas, Regina Maria Ozoa,
Ana Rosario Padua, Ivy Pagdanganan, Maria Sophia Palmagil, Deborah Paraiso,
Ronnie Ray Paraiso, Gene Vincent Perez, Nancy Prodon, Rachel Punzalan,
Katrina Puzon, Leah Glenda Quesada, Emmalyn Ramirez, Christine Antoinette
Ramos, Richie Avigale Ramos, Maria Greta R. Resurreccion, Joan Pauline Reyes,
iv Save the Children – UK

Culbert Reynes, Alexander Paul Rivera, Angelito Maria Rivera, Maria Lourdes
Rivera, Mitchelle Rivera, Ivy Angelli Rosales, Ryan Jay Roset, Ramayana Saidamen,
Gemini Sandoval, Gigi Santos, Carmine Eliza Serrano, Christian Sia, John Philip
Siao, Carla Silverio, Mike Singson, Rowena Soriano, Abigail Suarez, Marinela
Tablang, Mark Eusebio Taguinod, Angelo Tan, Brynda Tan, Christine Joy Tan,
Katrina Tan, Lydia Tan-Paredes, Annalyn Tayag, Mark Jose Tiaoqui, Regie Tongol,
Gian Carlo Trinidad, Sherwin Tugna, Ma. Perpetua Unico, Ruth Nicole Ureta,
Enrique Uy, Jill Christine Uy, Jonathan Uy,Voltaire Uy, Alzeena Vasquez, Racquel
Sienna Vergara, Giovanni Vidal, Rafael Yap, Patricia Ycasiano, Felina Yu, and Karen
Yu.
Most of all, we thank our families whose moral support and encouragement
saw us through as we faced obstacles in the completion of this project; for
their understanding and care even when they suffered an intolerable invasion of
our family time; for their forbearance in having to tolerate our arriving home
very late at night; for keeping out of our way as we continue our office work
at home; and for the affection and support as we tackled the details of the
research.
In the realisation of this project, the members of the research team acquired a
great deal of insight, understanding, and awareness of the situation of children
in conflict with the law.
Save the Children – UK v

Contents
Acknowledgements iii
List of Tables ix
List of Figures xiv
Acronyms and Abbreviations xv
Local Terms Used xvi
1 Introduction 1
Objectives of the Study
Framework of the Study
Scope and Limitations of the Study
2 Methodology 4
Interviews with the Five Pillars
Interviews with Children in Conflict with the Law and Case Studies
Review of Family Court Cases
Other Document Researches and Reviews
Methods of Validation
3 Summary of Related Studies 15
4 International and National Laws Related

to Children’s Justice 22
Criminal Responsibility
Deprivation of Liberty
Capital Punishment and Life Imprisonment
Procedure Related to Children’s Justice
vi Save the Children – UK

The Child Enters the Law Enforcement Pillar
The Child Enters the Prosecution Pillar
The Child Enters Court Level
The Child Enters the Correction Pillar
The Child Enters the Community
Discussion of Some Relevant Laws Affecting CICL
5 City and Barangay Ordinances and Resolutions 48

Background
Overview of Legislative Measures
Penal Ordinances
Non-Penal Legislative Measures
Analysis
Survey of Local Ordinances in the Cities of Kalookan,
Manila, Parañaque, Pasay and Quezon City
6 Profile of Children in Conflict with the Law 99

Personal Profile
Legal Profile
7 Observance of Laws 120

Community
Law Enforcement
Court and Prosecution
Bureau of Jail Management and Penology Officials and House Parents
Probation
City Social Workers
Save the Children – UK vii

8 Diversion 164
Basis
Views and Practice of the Five Pillars
9 Summary 174
Profile of the Child in Conflict with the Law
Community Pillar
Law Enforcement Pillar
Correction Pillar
Probation
City Social Workers
Diversion
10 Recommendations 184
Community Level
Law Enforcement
For all Pillars
Endnotes 188
Case Studies 211
viii Save the Children – UK

List of Tables
2.1. Number of respondents interviewed from the five pillars of justice

4.1. Degree of criminal responsibility by age
4.2. Evolution of policy setting the minimum age of criminal responsibility
4.3. Period of time a child must be delivered to proper judicial authorities by type of offence
4.4. Penalty for theft by value of property stolen
5.1. Penal ordinances affecting children, Caloocan City
5.2. Penal ordinances affecting children, Manila City
5.3. Non-penal ordinances affecting children, Manila City
5.4. Other ordinances affecting children, Manila City
5.5. Penal ordinances affecting children, Parañaque City
5.6. Non-penal ordinances affecting children, Parañaque City
5.7. Penal ordinances affecting children, Pasay City
5.8. Non-penal ordinances affecting children, Pasay City
5.9. Penal ordinances affecting children, Quezon City
5.10. Non-penal ordinances affecting children, Quezon City
5.11. Penal ordinances affecting children, Caloocan: Barangay 46, Zone 4, District II
5.12. Non-penal ordinances affecting children, Barangay 46, Zone 4, District II, Caloocan City
5.13. Non-penal ordinances affecting children, Barangay 102, Zone 2,, District II, CalooCan City
5.14. Penal ordinances affecting children, Barangay Zone 74, District V, Paco, Manila
5.15. Non-penal ordinances affecting children, Zone 55, District IV, Manila
5.16. Penal ordinances affecting children, Barangay 67, Zone 6 District 1, Manila
5.17. Penal ordinances affecting children, Barangay Pinyahan, Quezon City
5.18. Penal ordinances affecting children, Barangay Masambong, Quezon City
5.19. Non-penal ordinances affecting children, Barangay Masambong, Quezon City
6.1. Distribution of cases filed in all family courts in respondent cities by city, 2001-2002
6.2. Distribution of cases filed in family courts in the cities covered by branch, 2001-2002
6.3. Distribution of cases by age, 2001-2002
6.4. Distribution of cases by place of residence
6.5. Distribution of cases who indicated their education by educational attainment
6.6. Distribution of cases with records regarding family background by status of parents’ relationship
6.7. Distribution of cases by mother’s occupation
6.8. Distribution of cases by father’s occupation
6.9. Distribution of working children by occupation
6.10. Distribution of cases by the child’s being married or living in with a partner
6.11. Distribution of cases by membership in gangs
6.12. Distribution of gang members by gang
6.13. Distribution of cases by whether or not they have case studies in their records
6.14. Distribution of cases by type of crime
6.15. Distribution of female children by type of crime
6.16. Distribution of children with drug-related offences by type of drugs commonly used
Save the Children – UK ix

6.17. Types of items stolen
6.18. Distribution of cases of children with weapons by type of weapon
6.19. Distribution of cases of crimes against persons where the complainant is a child
6.20. Distribution of cases involving sex offences where the complainant is a child
6.21. Distribution of cases by city and area
6.22. Distribution of cases by place where crime was committed
6.23. Distribution of cases with co-accused by the relationship of the co-accused with the child
6.24. Distribution of cases by arresting officer
6.25. Distribution of cases of children who were arraigned and with plea by type of plea
6.26. Distribution of arraigned cases by length of time between arrest and arraignment
6.27. Distribution of cases of children with legal representation by counsel
6.28. Distribution of cases of children by location
6.29. Distribution of cases of children in rehabilitation centres by centre
7.1. Knowledge of barangay ordinances (from 1990 onwards) relating to CICL
7.2. Presence of a BCPC in the barangay
7.3. Year when the BCPC was established in barangays where these are present
7.4. Whether or not the BCPC is functional in barangays where a BCPC is present
7.5. Presence of a representative for the youth in the BCPC in barangays where a BCPC is present
7.6. Age of the youth representative in the BCPC
7.7. Committees within the BCPC
7.8. Presence of a Committee for the Protection of Children in Especially Difficult Circumstances/Children in Need of Special Protection
7.9. Current programmes of the BCPC for the prevention of children coming into conflict with law
7.10. Steps/programmes taken by the BCPC for assisting parents and children with behavioural problems
7.11. Availability of a holding cell [temporary jail until accused is transferred to the city jail] inside the barangay hall
7.12. Availability of a separate holding cell for CICL
7.13. Availability of separate holding cells for male and for female CICL
7.14. Availability of current programme/s for the reintegration/ rehabilitation of CICL in the community
7.15. Programme/s for the reintegration/ rehabilitation of CICL in the community
7.16. Whether or not the law enforcer introduces him/herself to the CICL
7.17. Official identification presented to the CICL
7.18. Whether or not the law enforcer informs the CICL of the reason for his/her apprehension/custody
7.19. When the CICL is informed of the reason for his/her apprehension/custody
7.20. Persons and government agencies notified upon contact with CICL
7.21. Whether or not the CICL is taken to an available government medical or health officer for a physical examination
7.22. Whether or not the CICL is taken to an available government medical or health officer for a mental examination
7.23. Whether or not the CICL is detained in quarters separate from those of the opposite sex
7.24. Whether or not the CICL is detained in quarters separate from those of adult offenders
7.25. Agency where the CICL is turned over
7.26. Whether or not the law enforcer conducts investigation of the child
7.27. Whether or not the law enforcer conducts investigation alone with the CICL
x Save the Children – UK

7.28. Person who usually accompanies the CICL during investigation
7.29. Whether or not the law enforcer gets the child’s fingerprints
7.30. Whether or not the fingerprint files of CICL are kept separate from those of adults
7.31. Whether or not the law enforcement office photographs CICL
7.32. Whether or not the photograph files of CICL are kept separate from those of adults
7.33. Whether or not the law enforcement office removes and destroys the fingerprint or photograph files if the case against the CICL is not filed
or dismissed
7.34. Whether or not the law enforcement office remove and destroy the fingerprints/photograph files when the CICL reaches 21 years of age and
there is no record that he committed an offence after reaching 18 years of age
7.35. Whether or not the law enforcement office keeps separate blotters for CICL
7.36. Whether or not the law enforcement office keeps separate records for CICL
7.37. Whether or not the family court has special considerations/programmes for CICL
7.38. Special considerations/programmes for CICL
7.39. Whether or not the family court conducts disposition conferences
7.40. Whether or not the family court already has a diversion committee
7.41. Whether or not the family court practises diversion proceedings under the Rules on Juveniles in Conflict with the Law
7.42. Specific programmes for diverted CICL
7.43. Instances when the family court appoints a guardian ad litem for a CICL
7.44. Whether or not the court allows the exclusion of the public from trial of CICL cases
7.45. Special circumstances when trials involving CICL are held in private
7.46. Whether or not there are specific days assigned for the trial ONLY of CICL (to the exclusion of other criminal cases)
7.47. Terms used by lawyers and court officers in family courts to refer to CICL
7.48. Measures taken to protect the confidentiality/privacy of the CICL (from the time of filing up to the termination of the case)
7.49. Whether or not male CICL are separate from female CICL
7.50. How to ensure that the CICL has a valid commitment order issued by competent authority
7.51. Whether or not there are rules and regulations in the detention facilities
7.52. Whether or not there are separate rules and regulations for CICL
7.53. Whether or not the CICL is provided with a copy of the rules and regulations mentioned
7.54. Whether or not CICL undergo medical examination upon admission to the detention facility
7.55. Whether or not there is an interpreter available for CICL who do not understand the language used by detention personnel
7.56. Whether or not the office keeps separate records for CICL and adults
7.57. How confidentiality of the CICL’s records is maintained
7.58. Whether or not CICL are allowed to contest their file/record
7.59. Procedure for contesting files/records of CICL
7.60. Whether or not CICL are provided with separate, sufficient and clean bedding
7.61. Whether or not CICL are allowed to use their own clothing
7.62. Whether or not CICL are allowed to possess personal effects
7.63. Amount allotted per day for the food of the CICL
7.64. Whether or not the CICL are provided opportunity to continue their education
7.65. Whether education is conducted inside or outside the institution
Save the Children – UK xi

7.66. Level of education the CICL are allowed to finish
7.67. Type of vocational training available to CICL
7.68. Type of training and seminars CICL have access to
7.69. Availability of a library inside the detention centre
7.70. Whether or not religious services are allowed inside the detention centre
7.71. Whether or not the CICL are given the right to receive visits from a representative of the religion of their choice
7.72. Types of medical care available to the CICL
7.73. Whether or not the CICL are allowed to communicate with families and friends through letters
7.74. Whether or not the CICL are allowed to communicate with families/friends through the telephone
7.75. Whether or not CICL are allowed to visit their homes and families
7.76. Whether or not the CICL have access to television
7.77. Whether or not the CICL have access to newspapers
7.78. Distribution of responses by observed behaviour of detention personnel when relating to CICL and frequency of the behaviour
7.79. Type/kind of disciplinary measures generally imposed inside the detention centre
7.80. Type/kind of disciplinary measure imposed on CICL inside the detention centre
7.81. Provision of follow-up services after the release of CICL
7.82. Type of follow-up services provided by the institution
7.83. Type of personnel in the detention centre
7.84. Penalties imposed on CICL who have tried to escape or who escaped but were later on recaptured
7.85. Procedure followed when there is an allegation of abuse of one CICL by another
7.86. Procedure followed when there is an allegation of abuse of a CICL by an official of the detention centre
7.87. Personnel in charge of investigating allegations of abuse committed against CICL
7.88. Frequency by which judges visit the detention centre
7.89. Whether or not respondents knows of minors [at the time of commission and promulgation] who availed of probation
7.90. Whether or not the minority of the applicant at the time of the commission of the crime is a positive factor in granting the application for
probation
7.91. Conditions under the Probation Law of 1976 that are often violated by CICL
7.92. Observed effect of probation on CICL compared with adult offenders who were also granted probation
7.93. Whether or not there is a difference between the programme of CICL and adult offenders granted probation
7.94. Presence of a separate facility established for instruction, recreation or residence of persons on probation who were minors at the time of
commission of the crime
7.95. Total number of city social workers and those working with CICL by city
7.96. Stages in the criminal justice system where social workers get involved in the case of CICL
7.97. Specific assistance provided by the city social worker to CICL
7.98. How the city social worker gets involved in the case of CICL
7.99. Persons or agencies who made referrals to the city social worker
8.1. Distribution of responses regarding whether or not all CICL should be diverted from the criminal justice system by pillar
8.2. Considerations for diversion
8.3. Distribution of responses by Level where diversion should occur and by pillar
8.4. Distribution of responses by whether or not the respondent personally practises diversion and by pillar
xii Save the Children – UK

8.5. Distribution of responses by whether or not the respondent’s colleagues practise diversion and by pillar
8.6. Distribution of responses by considerations in the practice of diversion
8.7. Distribution of responses by whether or not the pillar of justice has an official diversion programme and by pillar
8.8. Distribution of responses by the average number of CICL diverted in a month and by pillar
8.9. Distribution of responses by the average number of CICL diverted in a year and by pillar
8.10. Distribution of responses by factors in the decision to divert CICL and by pillar
8.11. Other factors considered in diversion
8.12. Distribution of responses by whether or not to involve the CICL in the decision to divert him/her and by pillar
8.13. Considerations in involving the CICL in the decision to adopt diversion
8.14. Distribution of responses by whether or not the respondent or his/her office does follow-up with the children and by pillar
8.15. Distribution of responses by considerations in doing follow-up
Save the Children – UK xiii

List of Figures
Figure 2.1. Distribution of tanod respondents by city

Figure 2.2. Distribution of barangay respondents by sex
Figure 2.4. Distribution of tanod respondents by sex
Figure 2.5. Distribution of respondents from law enforcement by city
Figure 2.6. Distribution of respondents from law enforcement by sex
Figure 2.7. Distribution of respondents from the court and the prosecution by city
Figure 2.8. Distribution of respondents from the court and the prosecution by sex
Figure 2.9. Distribution of BJMP respondents and house parents by city
Figure 2.10. Distribution of BJMP respondents and house parents by sex
Figure 2.11. Distribution of probation officer respondents by city
Figure 2.12. Distribution of probation officer respondents by sex
Figure 2.13. Distribution of city social workers respondents by city
Figure 2.14. Distribution of city social workers respondents by sex
Figure 6.2. Top five cities of last residence
Figure 6.3. Educational attainment
Figure 6.4. Family background
Figure 6.5. Parental custody
Figure 6.6. Work of a child
Figure 6.7. Children with case studies in their records
Figure 6.8. Crimes charged against children
Figure 6.9. Charges filed against female children
Figure 6.10. Type of drugs
Figure 6.11. Items stolen
Figure 6.12. Deadly weapon
Figure 6.13. Place where crime was committed
Figure 6.14. CICL with co-accused
Figure 6.15. Relationship of co-accused to the child
Figure 6.16. Arresting officers
Figure 6.17. Status of the case
Figure 6.18. CICL with counsel
Figure 6.19. Location of child
Figure 8.1. The diversion process
xiv Save the Children – UK

Acronyms and Abbreviations
AKAP Adhikain Para sa Karapatang Pambata

AusAID Australian Agency for International Development
BADAC Barangay Anti-Drug Abuse Council
BJMP Bureau of Jail Management and Penology
BSDO Barangay Security and Development Office
CICL children in conflict with the law
CSWO City Social Welfare Office
DILG Department of Interior and Local Government
DOH Department of Health
DOJ Department of Justice
DSWD Department of Social Welfare and Development
ECCD Early Childhood Care and Development
EO Executive Order
FGD focus group discussion
ICCSE Inter-City Committee on Street Education
JDL Juveniles Deprived of their Liberty
JDRC Juvenile and Domestic Relations Court
JICL juveniles in conflict with the law
LGU local government unit
MYRC Manila Youth Reception Center
NCR National Capital Region
NGO non-government organisation
NTSB National Training School for Boys
PAO Public Attorney’s Office
PAYO Philippine Action for Youth Offenders
PD Presidential Decree
PNP Philippine National Police
QC Quezon City
QCCPC Quezon City Council for the Protection of Children
RPC Revised Penal Code
RA Republic Act
RRAPIYO Rules and Regulations on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders
SC-UK Save the Children-United Kingdom
SPSS Statistical Package for the Social Sciences
SSCD Social Services and Counselling Division
SK Sangguniang Kabataan
SSDD Social Services and Development Department
UN CRC United Nations Convention on the Rights of the Child
UNICEF United Nations Children’s Fund
UP University of the Philippines
VHS video home system
Save the Children – UK xv

Local Terms Used
bagansiya vagrancy
barangay tanod village police
barangay village or community
barkada group of friends or peer group
batuta night stick
carinderia small eatery or food stall
katarungang pambarangay barangay justice
Katarungang Pambarangay Law village justice system
Kristo literally translated as “Christ” in English, it refers to the bet collector in cockfights
liga ng mga barangay league of barangays
lupon tagapamayapa peace-and-order committee
palarong barangay village sportsfest
panglungsod na
pederasyon ng mga
sangguniang kabataan city federation of youth councils
pangkat ng tagapagkasundo conciliation panel
pasalubong food or gift brought by visiting relatives or a member of the family who has come home to other
members of the family
punong barangay barangay chair
rugby coined word for a type of commercial adhesive
sampaguita small white fragrant flowers found throughout Southeast Asia
sanggunian barangay council
Sangguniang Kabataan youth council
Sangguniang Panglungsod city council
shabu popular name for metampethamine hydrochloride, an illegal drug
sumpak homemade gun
takal being beaten with a 2” x 2” piece of wood
watusi refers to dancing fire crackers, which are very popular among young children in the Philippines
xvi Save the Children

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
1 Introduction
All children in conflict with the law in the Philip- justice system. Diversion is an essential component of
pines are afforded appropriate protection measures as children’s justice, with the purpose of preventing and
provided for by the United Nations Convention on minimising the children’s entry into the criminal justice
the Rights of Children (UN CRC) and other relevant system. The promulgation of the Rule on Juveniles in
international instruments on juvenile justice that will Conflict with the Law by the Supreme Court in 15
promote their dignity and worth as persons and be- April 2002, which provides for diversion in the court
come active participants of social change. level, requires a review of it relevant provisions. The
provisions of the Katarungang Pambarangay (barangay1
This is the stated goal of the Children’s Justice Pro- or village justice) Law as it applies to CICL are likewise
gramme of Save the Children-United Kingdom analysed in relation to diversion.
(SC-UK), the design of which is based on the prin-
ciples of children’s rights and restorative justice. The
Programme recognises that the concept of children’s Objectives of the Study
justice needs to be refined. Programme advisers from
the SC-UK headquarters noted the lack of primary data In general, the project aims to establish the situation
to support the assumptions in the initial programme of children in conflict with the law within the context
design. Review of related literature further revealed the of the criminal justice system and identify the major
lack of in-depth studies and information that focus on gaps and abuses that occur within the system.
the Philippine legal system and the five pillars of the
Specifically, the project aims to achieve the following
criminal justice system, namely, the community, the
objectives:
police, the courts, prosecution and correction. These
are information that would have an impact on the 1. Generate and analyse the following quantitative
analysis of the needs of children in conflict with the data on the situation of children in conflict with
law (CICL) with regard to their rights. the law:
This research project on the situation of children in a. Number of children arrested;
conflict with the law in selected cities in Metro Manila b. Arresting officers;
was conceptualised in order to assist SC-UK and its c. Sex of children arrested;
partners in defining their advocacy agenda on CICL at
the local and national levels and help clarify SC-UK’s d. Type of offences committed;
programme direction, strategies, areas of coverage and e. Number of repeat offenders;
target participants. Through quantitative and qualita- f. Number of children in custody;
tive information collected in this project, major gaps
g. Number of cases the police sent to the
and abuses that occur in the administration of justice
prosecutor;
to CICL were identified and corresponding analysis
and recommendations were formulated. h. Number of cases the prosecutor filed in
courts;
The project also gave emphasis on the protection i. Number of cases the court sentenced;
measures given to children in conflict with the law
j. Length of sentence;
through diversion at the different levels of the criminal
Save the Children – UK 1

• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
k. Period of detention pending trial; Framework of the Study

l. Disposition measures practiced by the
The project has its foundation in SC-UK’s commit-
prosecutors and courts;
ment to safeguard children, specifically in the following
m. Whether children’s cases are heard separately values and principles:2
from adults;
n. Number of children sent for mediation; • The abuse and exploitation of children happens
in all countries and societies across the world.
o. Whether children are separated from adults
in police cells; and • All child abuse involves the abuse of children’s
rights.
p. Other relevant information.
• The situation of all children must be improved
2. Generate and analyse qualitative data on the situ-
through the promotion of their rights as set out in
ation of CICL;
the UN CRC. This includes the right to freedom
3. Describe the processes in administering children’s from abuse and exploitation.
justice at the five pillars of the criminal justice
• Child abuse is never acceptable and a commit-
system;
ment to children’s rights in general also means
4. Establish the various stages in the justice system a commitment to safeguard the children with
CICL are in; whom SC-UK is in contact.
5. Understand better the impact of the criminal
justice system by seeking the views of children As a State Party to the UN CRC,3 the Philippines has
who have been directly affected by it; the obligation to protect children from any form of dis-
crimination and to take positive action to promote the
6. Establish trends in offences committed by CICL
rights set forth under the Convention. At the legislative
at least two years backward; and
level, there were efforts to harmonise national laws and
7. Recommend ways by which SC-UK and the policies on children with the Convention through the
partners can most strategically assist in sustain- enactment of new laws and the amendment of existing
ably diverting children from the criminal justice ones. National and local laws that deal in general or
system. specifically with children in conflict with the law are
also discussed.
The focus of the project is on the legal process within

the five pillars of the criminal justice system, from
the community up to the correction level. Given the
existence of specific laws for the administration of the
criminal justice system for children, the project aims
to identify whether there are gaps and problems, both
in the law itself and in its application by the pillars,
and if there are, specify such gaps and problems. The
rights of children provided in the Convention serve as
the framework of the corresponding analysis.
2 Save the Children – UK

Scope and Limitation of the Study limited. The project ensured that the number and selec-
tion of interview respondents adequately represented
The project covered the following cities in Metro the pillar and the government agency to which they
Manila: Caloocan, Pasay, Manila, Parañaque and belong. A statistician has been hired as a consultant
Quezon City. The cities were chosen based on the high for this purpose. The project started in April 2002 and
incidence of children arrested in such areas; the num- ended in March 2003. The interviews of the five pillars
ber of family courts in the cities; and the existence of were conducted from August to December 2002 and
nongovernmental organisations working with CICL. interviews of children were conducted from November
to December 2002.
In each city, the researchers visited barangays, police
stations and police community precincts, family courts, To establish trends in offences committed by children
office of public prosecutors and public defenders, for the past two years, the research examined court
Parole and Probation Office, the Bureau of Jail Man- records. However, court records were limited to cases
agement and Penology (BJMP), the City Social Welfare filed between 2001 and 2002 on children in conflict
Office (CSWO), and city jails and youth detention with the law. Three hundred fifty (350) cases in all the
centres to conduct interviews with representatives of family courts were covered by the project. However,
the five pillars. For the interviews, children detained information gathered were limited by the following fac-
in the National Training School for Boys in Tanay and tors: case has just been filed and records were limited;
Marillac Hills in Alabang were also included. Thirty incomplete court records; lack of case studies; and not
five children were interviewed and ten interview results all court records were given to the researchers.
were selected for inclusion in the case studies.
The court research was conducted between November
Considering the time frame, personnel and financial and December 2002. The review of studies conducted
resources available and the number of stakeholders with respect to CICL was limited to local researches
involved, the number of interviews conducted was conducted from 1980 onwards.
Chapter 1 • Introduction 3
2 Methodology
To accomplish its objectives, the project used several respondents. For the respondents who were either
data gathering methods, discussed in the succeeding unavailable or refused to be interviewed, questionnaires
sections. were delivered to their offices. This was done to exhaust
all measures in getting their responses.
Interviews with the Five Pillars

COMMUNITY
To generate both quantitative and qualitative data on The barangay, as the basic political unit, serves as the
the situation of children in conflict with the law and primary planning and implementing unit of gov-
in the administration of the criminal justice system ernment policies, plans, programmes, projects, and
on children, the project utilised the interview process. activities in the community, and as a forum wherein
A total of 349 representatives of the five pillars of the the collective views of the people may be expressed,
criminal justice system were interviewed (see Table crystallised and considered, and more importantly,
2.1). where disputes may be amicably settled.4
Table 2.1. Number of respondents interviewed from the five pillars

of justice THE BARANGAY CHAIR AND THE LUPON
Respondent No. TAGAPAMAYAPA
1 Barangay chairs 74 As the chief executive of the barangay government, the
2 Lupon Tagapamayapa member 44
3 Family Court judge 15
punong barangay or barangay chair has the following
4 Court social worker 26 powers and duties:5
5 Public prosecutor 11
6 Public defender 13 (b) For efficient, effective and economical governance,
7 Patrol/Apprehending officer 19 the purpose of which is the general welfare of the
8 Criminal Investigation Division 22
9 Drug Enforcement Unit 12
barangay and its inhabitants pursuant to Section
10 Women & Children’s Desk 24 16 of this Code, the punong barangay shall:
11 Barangay tanod (village police) 58
(1) Enforce all laws and ordinances which are applicable
12 City social worker 17
13 BJMP 6
within the barangay;
14 House parent 2 xxx
15 Probation officer 6
TOTAL 349 (3) Maintain public order in the barangay and, in
pursuance thereof, assist the city or municipal mayor
and the sanggunian [barangay council] members in
A questionnaire was developed according to the func- the performance of their duties and functions;
tions of each pillar and the objectives of the project. The
xxx
questionnaires were finalised based on the comments of
all the consultants and field researchers. A pre-testing (10) Administer the operation of the Katarungang
of the questionnaires was conducted in Makati City Pambarangay in accordance with the provisions of
from 29 August to 5 September 2002. this Code;
(11) Exercise general supervision over the activities of
The interviews were conducted personally with the the sangguniang kabataan [youth council];

(12) Ensure the delivery of basic services as mandated Ten per cent of the respondent barangays were
under Section 17 of this Code; randomly chosen by the statistician from the list of
(13) Conduct an annual palarong barangay [village barangays with re-elected chairs per city. The graphs
sportsfest] which shall feature traditional sports and in Figures 2.1. and 2.2. illustrate the segregation of the
disciplines included in national and international respondent chairs and members of the lupon according
games, in coordination with the Department of to city and sex:
Education, Culture and Sports;
(14) Promote the general welfare of the barangay; and Caloocan
%
(15) Exercise such other powers and perform such other

Manila
duties and functions as may be prescribed by law
or ordinance. Parañaque
Pasay
The lupon tagapamayapa (peace-and-order commit-
tee) is in charge of administrative supervision over QC
the conciliation panels6 in the barangay. The law also 0 10 20 30 40 50 60 70 80
requires them to meet once a month for the exchange
of ideas among its members and the public on matters
pertaining to amicable settlement of disputes, and to
enable various conciliation panel members to share
female 26%
with one another their observations and experiences
male 74%
in effecting speedy resolution of disputes.7
The barangay chairs and members of the lupon

tagapamayapa represent the community level and the
barangay justice system. The interviewed respondents
were chosen from a sample of barangays that re-elected Figure 2.2. Distribution of barangay respondents by sex
their barangay chair in the 2002 barangay elections,
as newly elected officials may not have the substantial
experience dealing with children in conflict with the THE BARANGAY TANOD
law. In addition, barangay chairs serve as head of the One tanod was interviewed per respondent barangay.
lupon tagapamayapa. At the time the interviews were Being charged with the maintenance of peace and
being scheduled, the lupon may not have been con- order within the community, the initial contact of
stituted yet immediately after the elections or even if children is usually with the tanod. Depending on the
already constituted, new members may not have the crimes charged, the tanod may refer the case to the
experience in dealing with children in conflict with barangay chair or the police for appropriate action. For
the law at the community level. One member of the the purposes of this project, the tanod were segregated
lupon tagapamayapa per barangay was interviewed. from the chairs and members of the lupon. While the
Those interviewed were members with experience in chairs and the lupon facilitate the conciliation of cases
dealing with CICL. involving children within their jurisdiction, the tanod
is the one in charge of bringing said cases before them
Chapter 2 • Methodology 5
in the exercise of their function in maintaining peace In general, the PNP has the following powers and
and order. functions:8
The graphs in Figures 2.3. and 2.4. illustrate the seg- (a) Enforce all laws and ordinances relative to the pro-
regation of the tanod respondent according to city tection of lives and properties;
and sex: (b) Maintain peace and order and take all necessary
steps to ensure public safety;
%
Caloocan (c) Investigate and prevent crimes, effect the arrest of
criminal offenders, bring offenders to justice and
Manila
assist in their prosecution;
Parañaque (d) Exercise the general powers to make arrest, search
Pasay
and seizure in accordance with the Constitution
and pertinent laws;
QC
(e) Detain an arrested person for a period not beyond
0 10 20 30 40 50 60 70 80 what is prescribed by law, informing the person so
Figure 2.3. Distribution of tanod respondents by city detained of all his [her] rights under the Constitu-
tion;
xxx
female 5%
(h) Perform such other duties and exercise all other
male 95%
functions as may be provided by law.
One of the Operational Support Units of the PNP is

the Criminal Investigation Unit, which is required by
law to “…undertake the monitoring, investigation and
Figure 2.4. Distribution of tanod respondents by sex
prosecution of all crimes involving economic sabo-
tage, and other crimes of such magnitude and extent
as to indicate their commission by highly placed or
professional criminal syndicates and organisations.”9
LAW ENFORCEMENT
The Narcotics Unit/Drug Enforcement Unit has the
From the law enforcement level, the police officers from duty to enforce all laws relative to the protection of
the following units of the Philippine National Police the citizenry against dangerous and other prohibited
(PNP) were interviewed: drugs and substances.10
 Patrol and Apprehending Officers The law also requires the PNP to establish women’s
 Criminal Investigation Division desks in all police stations throughout the country to
 Drug Enforcement Unit administer and attend to cases involving crimes against
chastity, sexual harassment, abuses committed against
 Women and Children’s Concerns Desk women and children and other similar offences.11

Out of the total number of police stations or police The following officials were interviewed:
community precincts in each city, fifty per cent were
randomly chosen as respondent stations and precincts.  Judges
One police officer with experience handling children in  Public Prosecutors
conflict with the law from each unit was interviewed.  Public Defenders
The segregation of the law enforcement respondents by
 Court Social Workers
city and sex is shown in Figures 2.5. and 2.6.
Judicial power is vested in the Supreme Court and in

% lower courts such as the Regional Trial Court. Judicial
Caloocan
power includes the duty of the courts to settle actual
Manila controversies involving rights that are legally demand-
able and enforceable, and to determine whether or not
Parañaque
there has been a grave abuse of discretion on the part
Pasay of any branch of the government.
QC As a Regional Trial Court, the Family Court has a

0 10 20 30 40 50 60 70 80 special jurisdiction to handle “…[c]riminal cases
where one or more of the accused is below eighteen
Figure 2.5. Distribution of respondents from law enforcement by city
years of age but not less than nine years of age or
where one or more of the victims is a minor at the
time of the commission of the offence.”13 Judges of
female 33% the family courts are tasked to ensure the protection
male 67% of the rights of children in conflict with the law.14
The judge of the Family Court also has direct control
and supervision of the youth detention home estab-
lished by the corresponding local government unit.15
With respect to city prosecutors, they are required by

Figure 2.6. Distribution of respondents from law enforcement by sex
law to fulfil the following duties:16
a) Be the law officer of the province or city, as the case

COURT AND PROSECUTION may be. He [she] shall have charge of the prosecution
of all crimes, misdemeanours and violations of city or
To represent the court and prosecution level, only
municipal ordinances in the courts of such province
officials assigned in family courts were interviewed.
or city and shall therein discharge all the duties in-
The family courts have exclusive original jurisdiction
cident to the institution of criminal prosecutions.
to “…hear and decide the criminal cases where one or
more of the accused is below 18 years of age but not b) Investigate and/or cause to be investigated all charges
less than nine years of age.”12[1] of crimes, misdemeanours and violations of all
penal laws and ordinances within their respective
jurisdictions and have the necessary information The term “public defenders” is also used to refer to
or complaint prepared or made against the persons lawyers working in PAO.
accused. In the conduct of such investigations, he
[she] or his [her] assistants shall receive the sworn With regard to court social workers, the law mandates
statements or take oral evidence of witnesses sum- the creation of a Social Services and Counseling Divi-
moned by subpoena for the purpose. sion (SSCD) in each judicial region as the Supreme
Court deems necessary based on the number of chil-
c) Investigate commission of criminal acts and take an
dren and family cases existing in such jurisdiction.19
active part in the gathering of relevant evidence. For
The SSCD is required to “…provide appropriate social
this purpose, the National Bureau of Investigation,
services to all juvenile and family cases filed with the
the Philippine Constabulary and other offices and
court and recommend the proper social action. It shall
agencies of the government shall extend to him/her
also develop programmes, formulate uniform policies
the necessary assistance.
and procedures, and provide technical supervision
xxx and monitoring of all SSCD in coordination with
e) Assist the Solicitor General, when so deputized in the judge.” Duties of the court social workers include
the public interest, in the performance of any func- conducting intake assessment, social case studies,
tion or in the discharge of any duty incumbent upon casework and counselling, and other social services
the latter, within the territorial jurisdiction of the that may be needed in connection with cases filed
former, in which cases, he [she] shall be under the with the court.20
control and supervision of the Solicitor General with
regard to the conduct of the proceedings assigned to There are two family courts in Caloocan; nine in
him/her and render reports thereon. Manila; one in Parañaque; three in Pasay; and seven
in Quezon City. Due to the relatively small number
The Public Attorney’s Office (PAO) is an agency of family courts in all cities, the project research-
attached to the Department of Justice (DOJ) and ers interviewed all abovementioned officials in each
primarily responsible for the delivery of free legal ser- family court. However, a few officials refused to be
vices to the indigent in all civil, criminal, labour and interviewed. Out of the 80 officials in all cities, 15 were
administrative cases.17 The PAO is mandated to: 18 either unavailable or refused to be interviewed while
 Provide indigent clients with free legal services; 65 gave their permission to be interviewed.
 Provide the low-income and indigent sector access The segregation of respondent court and prosecution
to counsel at the time of need; and officials by city and sex is shown in Figures 2.7 and
 Implement the constitutional guarantee of free 2.8.
access to courts, due process and equal protection
of the law and rights of a person under investiga-
tion for the commission of an offence.

fugitive from justice, or person detained awaiting

Caloocan
% investigation or trial and/or transfer to the national
penitentiary, and/or violent mentally ill person who
Manila endangers himself [herself ] or the safety of others,
duly certified as such by the proper medical or health
Parañaque
officer, pending the transfer to a medical institution.”21
Pasay The city jail service “…shall preferably be headed by a
graduate of a four-year course in psychology, psychiatry,
QC
sociology, nursing, social work or criminology who shall
0 10 20 30 40 50 60 70 80
assist in the immediate rehabilitation of individuals or
Figure 2.7. Distribution of respondents from the court and the detention of prisoners. Great care must be exercised so
prosecution by city that the human rights of these prisoners are respected
and protected, and their spiritual and physical well-be-
ing are properly and promptly attended to.”22
female 67%
male 33% In Parañaque and Caloocan where there are no sepa-
rate detention centres for children in conflict with the
law, BJMP officers were interviewed to represent the
correction level. Although there is a separate youth
detention centre in Quezon City, which is the Molave
Figure 2.8. Distribution of respondents from the court and the Youth Reception Center, the said centre also receives
prosecution by sex assistance from the BJMP in terms of security. Hence,
the BJMP officers assigned in Molave were also inter-
viewed. To maintain a freer atmosphere than the jail,
CORRECTION youth detention centres employ houseparents rather
BJMP and detention centres than jail guards. Houseparents assist in providing for
the basic services, ie, food and clothes, of the CICL.
The following officials were interviewed as representa- In Pasay Youth Homes and Manila Youth Reception
tives of the correction level: Center, the respective houseparents assigned were
interviewed.
 BJMP officers; and
 Houseparents in youth detention centres. The segregation of respondent BJMP and housepa-
rents by city and sex is shown in Figures 2.9 and 2.10
Every district, city and municipality is required under on the next page.
the law to establish and maintain “…a secured, clean
adequately equipped and sanitary jail for the custody
and safekeeping of city and municipal prisoners, any
% %
Caloocan Caloocan
Manila Manila
Parañaque Parañaque
Pasay Pasay
Q.C. Q.C.
0 10 20 30 40 50 60 70 80 0 10 20 30 40 50 60 70 80
Figure 2.9. Distribution of BJMP respondents and houseparents by city Figure 2.11. Distribution of probation officer respondents by city
female 50% female 67%

male 50% male 33%
Figure 2.10. Distribution of BJMP respondents and houseparents by Figure 2.12. Distribution of probation officer respondents by sex
sex
PROBATION OFFICERS (c) Keep himself [herself] informed of the conduct and
Generally, probation is available to CICL who are no condition of probationers under his/her charge and
longer covered by automatic suspension of sentence. A use all suitable methods to bring about an improve-
few cases of children applied for probation in Caloo- ment in their conduct and conditions;
can, Pasay and Quezon City but records do not reflect (d) Maintain a detailed record of his [her] work and
whether those who applied were children no longer submit such written reports as may be required by
covered by suspension of sentence. the Administration or the court having jurisdiction
over the probationer under his supervision;
There is at least one probation officer in each city and
xxx
his or her duties include the following:23
(h) Perform such duties as may be assigned by the court
(a) Investigate all persons referred to him [her] for inves- or the Administration.
tigation by the proper court or the Administrator;
(b) Instruct all probationers under his [her] supervi-
The probation officers in Caloocan, Pasay and Quezon
sion or that of the probation aide on the terms and
City with experience in handling cases of CICL were
conditions of their probations;
interviewed. According to the probation officers in

Parañaque and Manila, there were no cases of children problems and improve their living conditions;
that applied for probation in their respective cities. The (ii) Provide relief and appropriate crisis intervention for
segregation of respondent probation officers by city and victims of abuse and exploitation and recommend
sex is shown in Figures 2.11. and 2.12. appropriate measures to deter further abuse and
exploitation;
CITY SOCIAL WORKERS xxx
The responsibility of the national Department of Social (iv)Facilitate the implementation of welfare programs
Welfare and Development (DSWD) with respect to for the disabled, elderly, and victims of drug addic-
CICL was not among the functions devolved to the tion, the rehabilitation of prisoners and parolees, the
cities. Nevertheless, city social workers also come in prevention of juvenile delinquency and such other
contact and work with children in their respective cities activities which would eliminate or minimize the
once they enter the criminal justice system, specifi- ill-effects of poverty;
cally, when a case has already been filed in the family
(v) Initiate and support youth welfare programs that will
courts. A separate questionnaire was developed for the
enhance the role of the youth in nation-building;
city social workers and the responses were tabulated
separately. (vi)Coordinate with government agencies and non-
governmental organisations which have for their
The appointment of a social welfare and development purpose the promotion and the protection of all
officer is mandatory for city governments and they take needy, disadvantaged, underprivileged or impov-
charge of the office on social welfare and development erished groups or individuals, particularly those
services. Their functions include the following:24 identified to be vulnerable and high-risk to exploita-
tion, abuse and neglect;
(1) Formulate measures for the approval of the Sang-
xxx
gunian [council] and provide technical assistance
and support to the governor or mayor, as the case may (5) Recommend to the Sanggunian and advise the
be, in carrying out measures to endure the delivery governor or mayor, as the case may be, on all other
of basic services and provisions of adequate facilities matters related to social welfare and development
relative to social welfare and development services as services which will improve the livelihood and living
provided for under Section 17 of this Code; conditions of the inhabitants; and
(2) Develop plans and strategies and upon approval (6) Exercise such other powers and perform such other
thereof by the governor or mayor, as the case may be, duties and functions as may be prescribed by law or
implement the same particularly those which have to ordinance.
do with social welfare programs and projects which
the governor or mayor is empowered to implement At least fifty per cent of city social workers who have
and which the sanggunian is empowered to provide handled CICL were interviewed. See Figures 2.13. and
for under this Code; 2.14. for the segregation of city social worker respon-
dents by city and sex.
(i) Identify the basic needs of the needy, the disad-
vantaged and the impoverished and develop and
implement appropriate measures to alleviate their
%  In some barangays, some respondents refused to

Caloocan
be interviewed outright, while others said they
Manila were too busy;
Parañaque  Compared with other government officials, the
team encountered more difficulty scheduling ap-
Pasay pointments with them;
Q.C.  There were respondents who promised to set an
0 10 20 30 40 50 60 70 80 appointment and/or return our calls but did not
do so;
Figure 2.13. Distribution of city social workers respondents by city
 A few respondents do not know how to read;
 When questionnaires were sent out to those who
were unable or refused to be interviewed as a last
female 76%
effort to get their responses, the questionnaires
male 24%
were not returned or lost when personal follow-
ups were made;
 There were respondents who were suspicious of
the interviewers, thinking that they were govern-
Figure 2.14. Distribution of city social workers respondents by sex
ment representatives checking their activities;
 Efforts to interview patrol and apprehending of-
ficers proved to be difficult as most of them are
The project encountered the following challenges du- out of the precinct most of the time; and
ring the interview proper for all the pillars:  Even with the endorsement letters from the Sup-
reme Court and the appropriate government
 Barangay officials claimed there is no incidence agencies, a few court and prosecution officials
of juvenile delinquency in their barangays; refused to be interviewed.
 Other barangays claimed that the children ar-
rested came from neighbouring barangays and The data generated by the interviews of the five pillars
would refer the interviewers to said barangays were analysed quantitatively, using the Statistical Pack-
instead; age for the Social Science (SPSS), and qualitatively.

Interviews with Children in Conflict the centres. We had to explain to the children
with the Law and Case Studies that the interview is not going to push through
because we had to randomly sample the respon-
The project also conducted interviews with children dents;
in jails and detention centres to represent the views of  There were children who do not remember spe-
children. Five randomly selected children in each of cific instances and details regarding their case.
the following jails and detention centres were part of Others were either shy or do not have an answer
the respondents interviewed: to some of the questions or simply refused to
answer;
 Caloocan City Jail
 Some interviewers experienced emotional drain
 National Training School for Boys
and burn-out in the interview process due the
 Pasay City Youth Home stories related by the children and to the number
 Manila Youth Reception Center of the interview respondents; and
 Marillac Hills  There were interviewers who initially experienced
 Parañaque City Hall apprehension interviewing male children charged
with serious offences and sex-related offences.
 Molave Youth Reception Center
From the 35 respondent children, five were chosen as
A questionnaire was developed for the children and a case studies. The case studies represent the different
pre-testing was conducted on 15 November 2002 at status but common conditions and experiences of the
Makati City Jail. Three children were interviewed (2 children. The project used the following criteria as basis
males; 1 female). Before proceeding with the formal for choosing the case studies:
interview, the project was explained to the children and
their permission was sought. Since the focus of the pro-  The case is representative of the criminal justice
ject is on the criminal justice system, the emphasis of process the children interviewed in the centre or
the interview was on the process the children under- jail underwent;
went from the time of their arrest onwards. Children
 The case illustrates the common concern/prob-
were chosen based on random sampling. The data
lem/issue in the implementation of the criminal
generated from the interviews were analysed quali-
justice system; and
tatively.
 The child was able to answer questions and share
The project encountered the following challenges in experiences openly.
the course of the interview:
Unless otherwise indicated, the term “children” is
 The list of children was not up-to-date on the day used interchangeably with “children in conflict with
of the interview; the law” in this project.
 Lack of interview space in Caloocan City Jail;
 Children were pre-selected for the interview by
Review of Family Court Cases REVIEW OF RELATED STUDIES

Socio-economic and psychological studies conducted
In order to establish trends in offences committed by
in the Philippines on children in conflict with the
children in the past two years, records of active court
law were also summarised and reviewed. The materi-
cases filed in 2001 and 2002 on children in conflict
als were limited to the studies conducted from 1980
with the law were examined. Three hundred fifty cases
onwards.
in all the family courts covered by the project were
included in the research. Aside from the crimes filed
in court, the personal and legal profiles of the children Methods of Validation
were also gathered.
In the course of the examination of court records, the FOCUS GROUP DISCUSSIONS AND CONSULTATIONS
researchers faced the following challenges: One focus group discussion (FGD) per pillar in
the criminal justice system was held to present the
 Some of the cases did not have a case study by preliminary result, validate the results and solicit
the court social worker. Hence, some of the per- recommendations and views. The discussions were
sonal information, ie, economic and educational conducted during the following dates:
profiles, were not available;
 Although the court personnel were generally  Court and Prosecution
accommodating, there were family courts that 14 November 2002
limited the research period to only one hour per  Law Enforcement
day; and 21 November 2002
 The list of cases by several of the family courts did  Community
not indicate the age of the accused, prolonging 26 November 2002
the research and making it more tedious.  Correction and City Social Workers
10 December 2002
Other Document Researches and  Non-government organisations (NGOs)
Reviews 12 December 2002
GATHERING OF CITY AND BARANGAY ORDINANCES PLENARY PRESENTATION

City and barangay laws and ordinances applicable to A plenary presentation was held on 30 January 2003
children in conflict with the law were also collected and from 2:30pm to 7pm at the Ateneo School of Law,
examined. The project collected available and relevant Rockwell Center, Makati City. The result of the project
materials from the respective city council and the re- was presented based on the interviews and research
spondent barangays. The project strived to collect all conducted. An open forum was scheduled after the
existing laws. However, they were limited by the abil- presentation. National, city and barangay officials and
ity of government personnel to recall the existence of representatives from government agencies working
applicable laws and the compilation of laws preserved with CICL and NGOs attended the presentation.
by the appropriate offices.

3 Summary of Related Studies
This chapter presents a summary of studies and re-  Whether the child was provided with counsel at
searches involving CICL from 1980 onwards. Some the time of arraignment;
of the studies and researches were limited to specific  Whether the child committed offence by himself
cities in Metro Manila while others had a nation-wide or with others; and
coverage. Different methodologies were employed,
from face-to-face interviews to survey of secondary  Distribution of places where the offences were
data and case studies. Although there was a variance in committed.
the objectives, there were commonalities among them
In 1983, a research project funded by the Law Research
as well. The studies presented a profile of the children
Council of the University of the Philippines entitled
and recommendations were given to improve their
Legal and Psychological Perspectives on Philippine Juvenile
situation through changes in laws and programmes of
Delinquency was published. The study was conducted
the government or other stakeholders such as NGOs
by Salvador T. Carlota and Annadaisy J. Carlota with
and research institutions.
the general objective to “…investigate the problem of
The Division of Research and Law Reform of the Uni- juvenile delinquency in the Metro Manila setting from
versity of the Philippines (UP) Law Center conducted the legal and psychological viewpoints.”27 Specifically,
a Socio-Legal Research Project on Youthful Offen- its objectives were to:28
ders from 1979 to 1981. Data from the project were
1) Critically analyse the law on juvenile delinquen-
gathered from the Juvenile and Domestic Relations
cy;
Courts (JDRCs)25 project, detention centres and jails
in Manila, Quezon City, Caloocan, Pasay, Makati, 2) Gather the latest available statistics on juve-
Pasig and Valenzuela. The 323 cases were categorised, nile delinquency in the Metro Manila area
coded and analysed.26 The following data were gathered with respect to (a) certain demographic vari-
by the project: ables such as sex, age, socio-economic status,
and the like, (b) types of crimes committed,
 Sex; and (c) the length of time consumed in the
 Civil status and family background of the chil- disposition of juvenile cases in the regular
dren; courts and the juvenile and domestic relations
courts29;
 Distribution of cases in JDRCs and regular
courts; 3) Investigate the differences in approach and pro-
cedure between the regular courts and juvenile
 Whether children were detained before case was
and domestic relations courts in trying juvenile
decided;
cases;
 Status of cases distributed per cities;
4) Identify the probable psychological causes of
 Type of offences; juvenile delinquency;
 Specific months the crimes were committed; 5) Determine the intellectual and personality profiles
 Length of trial; of juvenile delinquents; and
 Whether the child was a repeat offender; 6) Suggest criteria for the evaluation of the efficacy of
 Medical attention given to children; treatment programmes of rehabilitation centres.

Data were gathered through interviews of participant provided by the SC-UK.

judges, children in conflict with the law and person-
nel of rehabilitation centres. Forty seven male and 31 According to the study, the most common feature
female children in conflict with the law were included among the nine children is their poor economic con-
in the study. Included in the findings is the fact that ditions under which they came into conflict with the
judges are not automatically informed of the child’s law.33 Aside from these conditions, the criminal justice
age and they learn of the age only upon personally system, which the children underwent, also served
asking the child.30 The study also showed that there is a as a challenge to these children. The study observed
possibility of discriminatory treatment for cases before the following disparities between the claims of the
the juvenile and domestic relations courts compared government institutions and the actual experiences of
to those tried in regular courts, with the differential the children:34
treatment working against the child whose case was
 Not one of the nine children was brought by
tried by the latter.31
the police to medical personnel for physical
The authors recommended the following actions:32 examination, or to a psychologist for mental
examination;
 A more systematic method of record keeping with  The police were unaware that special treatment
respect to court records of children in conflict should be accorded to minors. They do not even
with the law; know that the DSWD should be notified;
 Creation of a programme that incorporates  Some of the children were not formally charged
systematic attempts to bring about personality with vagrancy by the arresting police officers.
and attitudinal changes, specifically, in moral The children were kept in jails for a number of
standards; emotional stability and self-control, days before they were released or transferred to a
tolerance for frustration, and in self-concept; Lingap Center for street children;
 Conduct researches that will evaluate the effective-  Some of the children were physically abused by
ness of treatment programmes in rehabilitation police officers even before the children reached
centres; and police headquarters and the prosecutor over-
 Additional researches on the “prevention” of looked this;
juvenile delinquency.  Court trial takes a long time;
In 1993, the Department of Sociology of the Polytech-  The detention centre does not function as a re-
nic University of the Philippines (PUP) conducted a habilitation centre, but a place for survival and a
descriptive study of the status and situation of chil- training ground for criminality;
dren in conflict with the law. The roles of different  Programmes and services in youth rehabilitation
government agencies involved with the children were centres, whether regional or local, are inad-
also included in the study. The study, The Situation of equate, ie, in-house education that are not being
Youthful Offenders in the Philippines, used the case study implemented and insufficient medical and dental
method and covered nine children nationwide. The services;
research project was commissioned by the Defense for  Except for sportsfests, not one of the nine children
Children International-Philippine Section, with funds covered have come across the community-based

programmes of the government; and  There is no concrete rehabilitation programme

 The intervention of DSWD, while the children for the children while in confinement.
are going through the juvenile justice system, is
inadequate. The children’s cases only come to The Australian Agency for International Development
the attention of the DSWD after they have been (AusAID) National Project on Street Children and the
in jail for a number of days, or even weeks and United Nations Children’s Fund (UNICEF) sponsored
months. a three-year project that aims to improve the psycho-
logical rehabilitation and therapeutic interventions for
The Bureau of Child and Youth Welfare, DSWD and the sexually abused, the substance abusers, and those
the National Police Commission Crime Prevention in conflict with the law. The publication of the proj-
and Coordination Service undertook a joint project ect, Listen To Their Inner Voice: Street Children Speak
entitled Survey on Youth Offenders at Camp Sampaguita Through Their Drawings and Metaphors (1996), was
and Correctional Institute for Women. The survey was written by the overall coordinator, Dr. Maria Lourdes
published in April 1993. The survey covered children A. Carandang. The project used a clinical, holistic and
confined at Camp Sampaguita and Correctional In- in-depth approach as its research design. Twenty three
stitute for Women as of January 30, 1992. Fifty one CICL were interviewed.
children were interviewed for the survey.
Among the direction and strategies identified by the
The survey concluded that poverty is one of the causes project, the following refers specifically to CICL:
of juvenile delinquency. A significant percentage of
xxx
the children’s parents have low income and this is
attributed to the fact that they have low educational 5. Children in conflict with the law and substance
attainment. According to the survey, this situation abusers view the world as ‘hopeful.’ They do so
provided an impoverished environment for the chil- because now ‘there are people who care.’ They must
dren where prospects for advancement, socially and first be listened to, given clear rules, informed of
economically, became improbable.35 With respect to consequences and given corresponding punishment
the criminal justice system, the survey made the fol- to satisfy their need for consistent and firm limits. In
lowing conclusions:36 small groups, they can be helped to visualise future
scenarios and the steps to achieve them, to capitalise
 The law enforcers had no orientation on how to on and encourage their sense of hope.
handle cases of children at the time the children xxx
committed the offence;
6. Children in conflict with the law also view
 The physical environment and accommodation themselves (with pride) in being ‘helpful’ to
at the city, municipal, provincial jail, Camp Sam- others. This can be used as ‘entry point’ to channel
paguita or Correctional Institute for Women do their impulses toward more constructive things. This
not comply with the standards established by the can be a group project so they can really be proud
United Nations Rules for the Protection of Juve- of their accomplishments as a team, this team being
niles Deprived of Liberty, Standard Minimum composed of their peers or ‘barkada.’ They can also
Rules for the Administration of Juvenile Justice act as junior residents to explain or enforce the rules
and the UN CRC; and and take care of the new residents.
Chapter 3 • Summary of Related Studies 17

xxx in terms of the therapeutic relationship…Caregivers

9. Stop police brutality. The further trauma caused must be willing and able to provide these ‘surrogate
by police harassment and brutality among children parent figures’ effectively. In this aspect, transference
in conflict with the law must be stopped… and counter-transference issues must be effectively
handled.
xxx
xxx
14. Parent surrogates. Children in conflict with the
law, like substance abusers, need to belong to a peer 19. Moral deterioration of children in conflict with
group with a strong parent figure as well. This fills a the law. It is urgent that we focus on the continuing
deep longing for love and intimacy which they seem moral deterioration of children in conflict with the
to have found in their peers as parent surrogates. It law. This gradual erosion or inadequate develop-
is also important to develop and strengthen this peer ment of conscience can be healed by fostering a
support which should be directed toward helping trusting relationship with them and involving their
them get away from the stigma of being bad and peer group in the redirection of behaviour. Setting
being doomed to be bad. firm and consistent limits of right and wrong, with-
out violating their dignity is necessary…
xxx
xxx
15. Different counseling approaches. The three
groups require different counseling approaches… 22. Differences in experience of guilt. It is also im-
portant that moral differences in dealing with guilt
The need to set limits and disciplinary ap-
among three groups be the basis of directions in their
proaches for substance abusers and children in
moral development.
conflict with the law. On the other hand, substance
abusers and children in conflict with the law need xxx
guidance to erase their ‘bad’ label. This can be done Children in conflict with the law must be given
through small groups (peer power) discussions. Here early moral intervention to prevent further ero-
they discuss and share this issue in terms of right sion of their conscience. The caregiver must
and wrong, and later directed to plan and work connect with their guilt as entry points in deve-
together on a project that can make them proud loping a firmer sense of right and wrong and an
of themselves. They need to experience a firm, but inner responsibility for owning their actions.
not cruel or insulting, disciplinary approach and
consistent limit-setting… Also in 1996, Dr Exaltacion Lamberte conducted a
Specific intervention strategies for three baseline study for the programme, “Street Education:
groups… The substance abusers and children in An Alternative Response to Street Children,” which was
conflict with the law need to form meaningful and being implemented by the Inter-City Committee on
constructive relationships with peers and, as men- Street Education (ICCSE). The study entitled, Today’s
tioned previously, to have a firm and consistent, but Metro Manila Street Children aimed to provide bench-
not harsh and insulting, disciplinary program. mark information about the life situations of street
children in Metro Manila, specifically, Manila, Pasay,
16. Mother figures and father figures. The sexually Quezon and Mandaluyong. The study sought to:
abused and children in conflict with the law need
to experience positive and nurturing mother figures,

1) Provide information on the background objective of the survey was to document the situation
characteristics of selected street children; of children in detention. Data were obtained through
2) Describe their family situations; actual interviews of children inside the city jails in key
cities nation-wide. Two hundred thirty two children
3) Identify deviant behaviours they engage in;
nation-wide were interviewed. The socio-demographic
4) Ascertain the factors that contribute to their exist- characteristics of the children were described in the
ing conditions and life situations; survey and the implementation of existing laws on
5) Identify their needs and the services they require; children in conflict with the law was also analysed.
and The survey concluded that the condition in detention
violates the fundamental principle of the promotion of
6) Provide information on the kind of services they
the well-being of children and that they are trapped in
receive from various individuals and organisa-
institutions that are very punitive in character.42
tions.37
The Philippine Government, with the assistance of
The study covered a total of 700 sample street children
UNICEF, reviewed the trends and issues that have di-
and made use of face-to-face structured interviews.
rect impact on children and women. The result, entitled
Convenient sampling techniques were utilised in
Situation of Children and Women in the Philippines, was
the selection of subjects. According to the study, the published in 1997.
main deviant behaviours street children engage in are
gambling, use of prohibited drugs, sexual behaviours In cases where the child is the accused, the govern-
and commission of illegal acts.38 The data also showed ment recognised the need to continue addressing
that 52.21 per cent had been previously arrested by the current problems in the juvenile justice process, spe-
police, 70.27 per cent in connection with “bagansiya”39 cifically:43
or police raids. Other reasons for arrest include the fol-
lowing: being a “suspect” in a crime; use of prohibited  Apprehension: simple procedures for arresting
drugs; snatching, gambling, vagrancy, begging and offenders are often disregarded by law enforc-
pedicab driving without a license.40 ers (e.g., physical examination, provision of the
services of a lawyer);
The study also revealed that upon arrest, 30.46 per
 Detention: youthful offenders are often mixed
cent of the children were punished by “takal,” ie, be-
with adults; a long period of detention is not
ing beaten with a piece of wood (2” x 2”); 26.46 per
uncommon; inadequate facilities and services;
cent were asked to clean the precinct; 5.85 per cent
were asked to give a massage to the police; and 2.78  Adjudication: slow disposition of cases; lack of
per cent were asked to give money to the police. No specialised training for judges in handling youth-
punishment was given to the rest of the children cov- ful offenders in court;
ered by the study.41  Post-adjudication and rehabilitation: jails and
correctional institutions have inadequate facilities
In 1996, the Philippine Action for Youth Offender and services; community-based rehabilitation
(PAYO) also undertook a nation-wide survey of programmes need support to provide school and
children in conflict with the law entitled Youth in De- work opportunities to returning offenders.
tention: Issues and Challenges, A Nationwide Survey. The

The following issues were also identified as requiring The following recommendations were made after analy-
immediate attention:44 sis and investigation of the situation of CICL:
(a) The pre-trial detention; 1. Law enforcement officers, prosecutors, judges,

(b) Need for separate detention centres for minors; court social welfare officers, public attorneys and
legal aid groups should be given orientation semi-
(c) Need to improve and expand community-based
nars on international human rights instruments
rehabilitation programmes for the children in
and child-related laws with emphasis on juvenile
conflict with the Law;
justice.
(d) New set of rules and procedures appropriate and
2. Government agencies and institutions engaged in
sensitive to children’s psychological maturity.
defending youthful offenders should coordinate
their efforts in providing protection to these
The Adhikain Para sa Karapatang Pambata (AKAP),
children by establishing a common monitoring
in partnership with the UNICEF, conducted a study
system covering the various stages of the juvenile
on the situation of children in conflict with the law
justice process.
entitled Situation Analysis on Children in Conflict with
the Law and the Juvenile Justice System. The objectives 3. Specialised juvenile and domestic relations courts
of the study are the following: should be created.
4. Support programmes for street children and other
 To analyse data and existing studies on children similarly vulnerable children should be increased
in conflict with the law; as preventive measures.
 To assess the current situation of the administra- 5. More facilities exclusively for children who are
tion of juvenile justice in light of the principles detained and sentenced should be constructed
and relevant provisions of the UN CRC…; and to prevent mingling with adult offenders.
 To recommend practical and achievable steps 6. Community awareness of and involvement in
toward reforming the juvenile justice system. non-institutional rehabilitation programmes and
services should be enhanced.
The study was conducted through review of data cove-
ring 1993 to 1997 on various aspects of Juvenile Justice 7. NGOs engaged in multi-disciplinary outreach
System. Information was derived from existing studies, programmes with CICL should form a network
surveys and reports prepared by concerned groups to maximise extension of assistance to these chil-
concerned with CICL. Materials were supplemented dren.
by actual interview and responses to questionnaires 8. A comprehensive review of existing laws and pro-
sent to selected institutional respondents. Dialogues cedures on juvenile justice in the light of the UN
with judges and designated courts for children’s cases CRC and other international standard-setting
were conducted from April to June 1997. instruments affecting CICL should be undertaken
for purposes of law reform.

The National Youth Commission (NYC) commis- to the processes that the child undergoes, from appre-
sioned the Social Weather Stations for the survey hension by law enforcement officials, court procedure,
on the situation of the youth. It also tapped the and rehabilitations services provided at the correction
services of experts from the academe and gov- level. The studies and researches identified the gaps and
ernment institutions to prepare the document problems in dealing with CICL both in the law and in
The Situation of Youth in the Philippines that was practice. Recommendations were then provided.
published in 1998. Statistics and previous stud-
ies conducted on youth offenders,45 delinquent In the succeeding chapters, the results of previous stu-
youth46 and drug-dependent youth47 were cited dies and researches are compared with the present re-
in the report. sults of the project in the presentation of data, analysis
and recommendations. This is one way of measuring if
As seen in this chapter, there have been several studies there have been improvements or a worsening of the
and researches that focused specifically on or included situation in terms of law applicable to CICL and in
CICL in the Philippines since 1980. Most of the stu- the practice and procedure of the five pillars in dealing
dies provided a profile and background of the children with these children. The project also examined past
and their family and the type of offences or crimes recommendations in order to see its applicability in
committed by the children. Emphasis was also given the context of the present situation.

4 International and National Laws Related

to Children’s Justice
This chapter presents the international laws related to PHILIPPINE LEGISLATION
children’s justice with special focus on the UN CRC The age of criminal responsibility under the Revised
and provides a discussion of existing laws and regula- Penal Code of the Philippines is over nine years of age.
tions in the Philippines in the light of the provisions Therefore, a person under nine years of age is exempt
of the UN CRC. Special focus was given to issues from criminal liability (see Table 4.1.). 48 The exemp-
on criminal responsibility, deprivation of liberty and tion is absolute, thus a child who commits an offence
capital and life imprisonment of a juvenile in conflict shall instead be committed to the care of his or her
with the law with the aim of identifying the gaps in law parents, guardians, nearest relatives or friends under the
and practice using the provisions of the Convention discretion of the court and subject to its supervision.49
as a framework. Recommendations on appropriate On the other hand, a person over nine and under 15
changes in legislation, procedure or practice were also years of age is likewise exempt unless he or she is proven
provided. to have acted with discernment.50
The chapter also presents a descriptive discussion on Philippine laws do not provide for the definition of
how a juvenile in conflict with the law is proceeded discernment but the Supreme Court interpreted dis-
against in accordance with the laws of procedure on cernment to mean the mental capacity of the person to
juvenile in conflict with the law in the Philippines, understand the difference between right and wrong51
while comparing such procedures with the minimum and to fully appreciate the consequences of his or her
standards set forth in the UN CRC, the UN Guide- unlawful act.52
lines for the Administration of Juvenile Delinquency
(the Riyadh Guidelines), the UN Standard Minimum If the child acted with discernment, he or she shall be
Rules for the Protection of Juvenile Justice (the Beijing proceeded against as a youth offender with his or her
Rules), and the UN Rules for the Protection of Juve- age serving only as a mitigating circumstance in the
niles Deprived of their Liberties (JDL Rules). imposition of the penalty.53 To be proceeded against
as a youth offender means that the child, upon enter-
ing the criminal justice system, shall be subjected to a
Criminal Responsibility different set of rules on criminal procedures. The effect
of the mitigating circumstance of age is the lowering
INTERNATIONAL LAWS of the penalty imposed.
Article 43 of the UN CRC requires State Parties to While a child over nine but less than 15 years of
establish a minimum age below which children shall age is not exempt from criminal liability, he or she
be presumed not to have the capacity to infringe the is presumed to be without criminal capacity. This
penal law. Rule 4 of the United Nations Standard presumption may be rebutted if it could be proven
Minimum Rules for the Administration of Juvenile that the child was capable of appreciating the nature
Justice, otherwise known as the Beijing Rules, proposes and criminality of the act, that is, he or she acted with
that the beginning of the age of criminal responsibility discernment.54 However, where a minor offender is 15
shall not be fixed at too low an age level, bearing in years of age or over but under 18 years of age, he or she
mind the facts of emotional, mental and intellectual is absolutely presumed to have acted with discernment
maturity of the child. and is therefore not exempt from criminal liability. Be-
ing a minor, he or she will be proceeded against as a

youth offender with his or her minority being merely a Furthermore, the Supreme Court, which is vested with
mitigating circumstance and not an exempting one. the power to interpret laws, may have construed the
provision in the Revised Penal Code in the 1989 case
Exemption from criminal liability does not include of Guevarra vs. Almodovar57 by specifically mentioning
exemption from civil liability. The parents and other that “minors nine years of age and below are not ca-
persons exercising parental authority over the child may pable of performing a criminal act. On the other hand,
be civilly liable for the injuries and damages caused by minors above nine years of age but below 15 are not
the minor subject to appropriate defences provided by absolutely exempt.” Nevertheless, the determination
laws. The civil liability shall be enforced in accordance of the age of criminal responsibility was not the issue
with Article 221 of the Family Code, Articles 2176, in the Almodovar case but was discussed in the light of
2180 and 2181 of the Civil Code, Article 101 of the the issue on whether the child who was just 11 years
Revised Penal Code and Rule 111 of the Revised Rules old at the time of the commission of the offence acted
of Criminal Procedure. with discernment.
Table 4.1. Degree of criminal responsibility by age In 1997, Republic Act (RA) No. 8369 otherwise
Age Criminal Responsibility known as the Family Courts Act of 1997 was signed into
Below 9 years old Absolutely no criminal responsibility. law. The new law established the Family Courts gran-
No criminal responsibility unless the child is
ting them exclusive jurisdiction over all cases involving
Over 9 to below 15 proven to have acted with discernment. children including criminal cases where one or more of
years old Penalty is lowered by two degrees because
of age. the accused is below 18 years of age but not less than
Absolute criminal responsibility.
nine years of age.58
15 to below 18
Penalty is lowered by one degree because of
years old
age. By virtue of its power to promulgate rules concerning
procedure in courts, the same Supreme Court that
ruled on the case of Guevarra vs. Almodovar issued the
ANALYSIS AND RECOMMENDATIONS Rule on Juveniles in Conflict With the Law, which took
effect on 15 April 2002. The Rule was made applicable
The laws delineating the criminal age of responsibi-
to a person who at the time of the commission of the
lity have not given the exact age or benchmark as to
offence was below 18 years of age but not less than
what age the criminal responsibility of the child actu-
nine years of age.59 Likewise, the Rule defined age of
ally starts. The Revised Penal Code defines the age of
criminal responsibility as the age when a juvenile who
criminal responsibility as over nine years of age.55 It
is nine years of age or over but less than 15 years com-
seems that a person who is exactly nine years of age was
mits an offence with discernment,60 thus, including a
overlooked and can be neither specifically exempted
child nine years of age in the category of juvenile in
nor be held liable for a crime. The Child and Youth
conflict with the law. Evidently, the Rule on Juveniles
Welfare Code or Presidential Decree (PD) 603,56 a later
in Conflict with the Law followed the wording of the
law enacted in 1974 or 42 years after the enactment
Family Courts Act of 1997 (see Table 4.1. for illustra-
of the Revised Penal Code, shed light on the latter’s
tion of different laws and rules of procedure defining
provision when it stated that a child nine years of age
the minimum age of criminal responsibility).
or under at the time of the commission of the offence
is exempt from criminal responsibility.
Chapter 4 • International and National Laws Related to Children’s Justice 23

Faced with these inconsistencies in the laws and rules of discernment. There is a need therefore to clarify the
of procedure, the problem arises on whether to exempt benchmark for the minimum age.
children who are nine years of age at the time of the
commission of the offence. Under the rules on statu- Another important issue regarding the law on the
tory construction, the Supreme Court has consistently minimum age of criminal responsibility is that it has
followed the pro reo doctrine where “penal statutes are remained stagnant for over a century in the Philippines.
to be strictly construed against the government and While it has been proposed to be a subject matter of
liberally in favour of the accused”61 should a penal study in Congress, no amendment of the law has ever
provision be subject to different interpretations. been made. As early as 1887, when the first Penal Code
was adopted verbatim from Spain, the law had already
The power to interpret the laws lies with the Supreme recognised minority as an exempting circumstance
Court. Nevertheless, there is not one Supreme Court from criminal liability (see Table 4.2.). The old Penal
ruling to date that one can cite as authority regarding Code, then the subsisting Penal law in the Peninsula,
specific interpretation on whether age of criminal was merely ordered to take force and be applied in the
responsibility starts at the age of nine or below nine Philippines upon publication in the Official Gazette.64
years of age. This lack of ruling is due to the limitation The old Penal Code, as amended in accordance with
of the judicial power of the Supreme Court, that is, it the recommendations of the Code Committee, was or-
can settle only actual controversies62 and can only is- dered published and was subsequently made effective.
sue binding declaratory judgment that involves parties Act No. 1438 and Act No. 3203, the pioneer juvenile
with real conflicting legal interests. However, it cannot delinquency laws in the Philippines, failed to provide
issue binding advisory opinion, which is a response to for any amendment or elaboration to the provisions
a legal controversy posed in the abstract in advance of the old Penal Code on minority as an exempting
of any actual case in which it may be presented. An circumstance.
advisory opinion binds no one.63
Even when the old Penal Code was revised and entitled
The issue on age, then, remains a question until such as the Revised Penal Code, which became effective in
time that a case shall reach the Supreme Court for a 1932, there remained neither changes nor deliberations
definite interpretation. Perhaps the very few number by the Code Committee on the provisions on minor-
of children aged nine who were involved in violation ity. The law consistently recognized that minors above
of laws was the reason this issue was never tackled. The nine and less than 15 years of age are not criminally
implication, however, is if the provision of the Revised liable unless proven to have acted with discernment;
Penal Code originally intended not to include a nine- and that minors between 15 and below 18 years of
year-old child in the category of juvenile in conflict age are presumed to have acted with discernment.
with the law, subsequent laws and rules enacted, par- Subsequent laws such as PD 603, governing JICL,
ticularly the Family Courts Act of 1997 and the Rule provide for the same rules as it did before the passage
on Juvenile in Conflict with the Law, might have in of the Revised Penal Code. If society is to be governed
fact lowered the minimum age of criminal responsi- by penal laws, which reflect standards deemed suit-
bility. One may also infer that in practice, different able in accordance with the times, there is a need for
interpretations by the pillars in the application of the legislature to look into the law on minimum age of
law might result in actually lowering the minimum age criminal responsibility.

Table 4.2. Evolution of policy setting the minimum age of criminal responsibility
Law* Article / Section Minimum age Year enacted
RPC Over 9 but under 18 years old 1932
Over 9 but under 21 years old
P.D. 603 Art. 189 1974
9 years old or under …shall be exempt
Over 9 but under 18 years old
P.D. 1179 Sec. 1 1977
9 years old or under shall be exempt
RRAPIYO Sec. 3 (b) After his 9th but before his 18th birthday 1995
R.A. 8369 Sec. 5 Below 18 but not less than 9 years of age 1997
Sec. 1 Below 18 but not less than 9 years of age
9 years of age or over but under 15 years with
Ron JICL Sec. 4(m)
discernment 2002
Sec. 5 Under 9 years if age shall be exempt
Note: RPC - Revised Penal Code; PD 603 - The bears pointing out now that the basic reason behind
Child and Youth Welfare Code; PD 1179 - Amend- the enactment of the exempting circumstances, such
ing Certain Provisions of PD 603; RRAPIYO – Rules as minority, in the Revised Penal Code is the absence
and Regulations on the Apprehension, Investigation, of intelligence, freedom or action or intent on the part
Prosecution and Rehabilitation of Youth Offenders; of the accused.69 Without the power of intelligence,
RA 8369 –The Family Courts Act of 1997; Ron JICL necessary to determine the morality of human acts to
– Rules on Juveniles in Conflict with the Law. distinguish a licit from an illicit act, no crime can ex-
ist, and because the infant has no intelligence, the law
The minimum age of criminal responsibility in the exempts him or her from criminal liability.70
country is anchored on the child’s capacity for discern-
ment. Under Philippine jurisprudence, discernment There are no fixed predetermined standards to guide
means the mental capacity to understand the difference the courts in the determination of discernment, leav-
between right and wrong.65 More than the mere un- ing it up to the appreciation of trial judges to decide
derstanding and knowledge of the difference between whether the accused minor has acted with discernment.
right and wrong, however, it means the mental capac- The Supreme Court, however, has declared that in
ity of a minor to fully appreciate the consequences of determining the presence of discernment, the Court
his/her unlawful act.66 It connotes that the accused takes into consideration all the facts and circumstances
committed the wrongful act with the intention and provided by the records in each case, the appearance,
knowledge that it is a crime to perform such act and attitude and comportment of the accused not only
not merely knowing that it is wrong to do it.67 To prove before, during and after the commission of the act,
discernment, it must appear from the evidence that the but even during trial.71
accused acted with knowledge of the nature of his or
her acts and of the results, which would naturally follow In the light of the above rulings, redefining the mini-
therefrom.68 Philippine jurisprudence would therefore mum age of criminal responsibility would require a
show that “discernment” relates to “intelligence.” It careful exploration on the age by which children are

deemed to have sufficient intelligence to understand child is not concerned with what society defines as
the morality of their acts. As recommended in the the right way to behave in a certain situation. He or
Beijing Rules, the emotional, mental and intellectual she is only concerned with the concrete consequences
maturity of the child must be taken into consideration of action, such as punishment, reward and exchange
in determining such age. To achieve this, resorting to of favours.76
the findings of experts in the field of developmental
psychology is essential. The Conventional Level covers the ages above nine and
under thirteen. At this second level of moral judgment,
The works of renowned child psychologists Jean Piaget the child is yet unaware of the implications of his/her
and Lawrence Kohlberg have been constantly used actions. To such child, the law emerges as a central
as bases for increasing the minimum age of criminal value. However, he or she appreciates not only the
responsibility and reshaping juvenile justice policies all centrality of law but also the centrality of the value
over the world. The Cognitive Development Theory by of life. Thus, when the values of law and life openly
Piaget shows that, as children mature, their ability to conflict, the child has trouble choosing between these.
think and to reason advance through a series of distinct Kohlberg believes that at this stage the child cannot
stages or a sequence of cognitive growth.72 Interestingly, yet deal with situations in which a system of laws or
it recognises that children in the Concrete Operational beliefs comes into conflict with basic human rights.77
Stage (approximately above seven and twelve years old)
can only reason logically when dealing with concrete The Postconventional Level is attained either at the age
tangible information and are not capable of thinking of 13, or not until young adulthood. Sometimes, this
abstractly. The concrete operational child can take level is never attained.78 In this third level of moral
the role of others and understand their perceptions, judgment, the individual acknowledges the possibility
cognition, and feelings, as well as elaborate concepts of conflict between two socially accepted standards
of causality, time, space, number, and the operations of and tries to decide which of these to choose. There is
conservation, during this period.73 However, while the control in the standards observed and the reasoning
child can solve problems if stimuli are present, the child about right and wrong. The moral judgment of the
has difficulty in verbal and mental manipulations.74 child considers principles such as justice, individual
rights and contracts.79
This theory is supported by the Moral Judgment
Theory of Kohlberg, which maintains that children Although a mere presentation of the above theories,
cannot make sound moral judgment until they achieve among perhaps a hundred others, will not suffice to
a high enough level of cognitive maturity to look at make concrete recommendations at this point as to the
things as others might see them.75 Kohlberg proposed appropriate age of criminal responsibility, it neverthe-
a three-level, six-stage theory of the development of less supports the view that at nine years of age, the child
moral judgment. is still incapable of acting with discernment. Hence, the
need to raise the minimum age of responsibility to an
The Preconventional Level covers the ages above three age at least above 12 or 13 years old, below which the
and under ten. In this first level of maturity, the child’s child does not yet have sufficiently developed cognitive
moral judgments are dominated by considerations and moral skills to rightly judge his or her actions and
of what will be punished and what feels good. The their consequences.

It is submitted, however, that the ages determined in Deprivation of Liberty

the above theories are mere averages and that these
may vary considerably depending on the cultural back-
INTERNATIONAL LAWS
ground and socio-economic factors affecting the child.
To recommend a specific minimum age of criminal The UN CRC sets no lower age limit on restriction
responsibility, therefore, would necessitate the conduct of liberty. It merely provides in Article 37(b) that “no
of a thorough study on how the underlying cultural, child shall be deprived of his or her liberty unlawfully
social and economic factors in Philippine society affect or arbitrarily. The arrest, detention or imprisonment
the Filipino child’s capacity for discernment. of a child shall be in conformity with the law and shall
be used only as a measure of last resort and for the
There have been various legislative proposals on juve- shortest possible time.” The Committee on the Rights
nile justice in Congress to increase the age of criminal of the Child has expressed concern at the restriction
liability. Members of various groups that made the of the liberty of young children and has advanced the
proposals differ in their views about increasing the view that the minimum age should be set in relation
age of discernment considering there are perceptions to other basic principles of the Convention such as the
in Congress that there had been an increased number principles of Non-discrimination (Art. 2), Best Inter-
of young persons committing serious crimes. In fact, ests of the Child (Art. 3), Survival and Development
in 1999 legislators were prompted to lower the age of (Art. 6) and that the child shall only be separated from
death penalty from 18 to 16 years of age owing to sev- his or her parents when such separation is necessary
eral news headlines about minors committing heinous for the best interests of the child (Art. 9).
crimes. This is actually a retrogressive act on the part
of Congress, considering that the UN CRC prohibits It should be noted that the minimum age for depriva-
the imposition of death penalty on minors. tion of liberty does not only refer to the restriction
of the child’s liberty within the penal system but also
Proposals from various groups have been made to relates to the asylum-seeking and the placement of
increase the minimum age of criminal responsibility children in welfare and health institutions. 80
from 12 or 15, or even 18 years of age. However, most
of the bills filed in Congress are proposing 12 years as PHILIPPINE LEGISLATION
the minimum age of criminal responsibility. Whether
Philippine law does not set an age limit for deprivation
an extensive and comprehensive study has been made
of liberty or imprisonment. It may be presumed that
to provide a strong empirical support for using the
this age is the same as the age of criminal responsibi-
age of 12 as benchmark is no more important than
lity set by law that permits the child at least over nine
as a strategy for the acceptability of the age especially
years of age and suspected of having infringed the penal
considering the evident perception of Congress as
law, if unable to furnish bail, to be committed to the
shown in 1999 on JICL and the need to reconcile the
care of the DSWD or a local rehabilitation centre or
proposals with existing laws such as the Revised Penal
detention home, or in the absence of such within the
Code, which provide for over nine years as a minimum
locality, in a jail facility separate from adult detainees.81
age of criminal responsibility.
The court, however, may, in its discretion and upon
the recommendation of the DSWD, release a child
on recognisance to the custody of his or her parents

or other suitable person.82 Even with respect to a child be responsible for the child’s appearance in court.
below nine years of age who is suspected of committing Nevertheless, such release on recognisance is a mat-
a felony, although the child is exempt from criminal ter left to the discretion of the judge only upon the
responsibility, the law places the responsibility of com- recommendation of the DSWD, thus, necessitating
mitting the child to the custody of his or her parents the temporary deprivation of the child’s liberty, either
upon the Court in its discretion.83 Thus, before the in a police station, in jail or in a welfare or rehabilita-
child is brought before the Court, the child will remain tion centre of the State, until the DSWD submits its
in the custody of the arresting officers or the DSWD assessment and recommendation and the child’s case
and consequently deprived of his or her liberty. How- is called in court. Even in cases of children below nine
ever, the law mandates the arresting officers to contact years old who are considered exempt from criminal
the child’s parents and the DSWD within eight hours liability, the law leaves it up to the discretion of the
from the child’s apprehension. trial judge to decide whether or not to commit the
child to his or her parents. This system permits the
deprivation of the child, albeit only temporary, not-
ANALYSIS AND RECOMMENDATIONS
withstanding that the child is exempt from criminal
The UN CRC does not set a minimum age for de- liability. The situation of the child is aggravated where
privation of a child’s liberty including the child’s there is no DSWD within the locality where the crime
commitment to a welfare institution. However, it is was allegedly committed and where the existing jail
well to heed the Committee’s recommendation that facility does not provide for separate cells or rooms for
such matters be considered in relation to the basic minor offenders, thus exposing the child to criminal
principles of the Convention, particularly, the principle contamination by adult and hardened criminals. Even
that the child shall only be separated from his or her among other youth detainees within a jail facility or
parents when such separation is necessary for the best a detention or rehabilitation home, the child is still
interests of the child. It may be assumed that since exposed to a prison culture where gangs exist. Thus,
Philippine law imputes criminal responsibility only to instead of being rehabilitated and reformed, the child
minors over nine years of age, it thus follows that the is further socialised into criminality.
minimum age of deprivation of liberty is also over nine
years of age. Analysis of the system would nevertheless In the above situations, the creation of diversion mea-
show the contrary. sures to remove the child from the criminal justice
system and redirect the child to alternative programmes
In actual practice, Filipino children may be deprived assumes importance. It should be pointed out that even
of their liberty either in connection with a commis- one day in jail or a detention facility away from home,
sion of a felony or misdemeanour, in connection with family and friends can mean a lifetime of trauma for a
a clean-up drive, the rounding-up of street children or child, especially a first-time offender, and more so for
a curfew violation. an innocent child who was wrongfully apprehended
or who is exempt from criminal liability. Philippine
With respect to children accused of committing a
law institutionalised the diversion system under the
crime or misdemeanour, the law provides an alterna-
Katarungang Pambarangay Law, the Family Courts Act
tive to detention or institutional placement in the form
of 1997 and the Rules on JICL. Diversion is discussed
of recognisance or release of the child to the care of
more thoroughly in Chapter 8 of this report.
his or her parents or other suitable person who shall

Capital Punishment and Life ANALYSIS AND RECOMMENDATIONS

Imprisonment The law clearly prohibits the imposition of capital pun-
ishment on persons below 18 years. It is disheartening
to note that there have been several occasions where
INTERNATIONAL LAWS
children can be included in the country’s death row
The UN CRC prohibits in Art. 37 (a) the imposi- list. Such a clear violation of the law may be attributed
tion of capital punishment and life imprisonment to some judges’ misapplication of or failure to appreci-
without the possibility of release for offences com- ate the law and to the incompetence of the children’s
mitted before the age of 18. counsels at the trial level. A common difficulty faced
by these children at the trial level is the lack of proper
PHILIPPINE LEGISLATION documents to prove their real age. To effectively imple-
Consistent with the UN CRC, Philippine law prohib- ment the State policy against death penalty for minors,
its the imposition of death penalty below 18 years of therefore, would necessarily entail the development of
age at the time of the commission of the crime. This an effective system of birth registration as well as the
prohibition is contained in Sec. 22 of Republic Act continuous training of judges and prosecutors on the
7659, or the Death Penalty Law, which prescribes the proper interpretation of the laws affecting children and
ultimate penalty of death for certain heinous crimes. the appropriate handling of cases of youth offenders.
Even without such law, however, no children can be
meted the death penalty because minority is a privi-
leged mitigating circumstances under the Revised Penal
Procedure Related to Children’s
Code, which entitles children to a penalty one degree Justice
lower for children between 15 years and below 18 years
or two degrees for children over nine years and below INTERNATIONAL LAWS
15 years, than that prescribed by law. International instruments adopt approaches for in-
ternational legal regulation of deprivation of liberty.
Although Philippine law does not categorically prohibit
These include the International Convention on Civil
the imposition of life sentences to minors without the
and Political Rights and the UN CRC, which is the
possibility of release, minor offenders may be sentenced
first international instrument that adopted a compre-
to life imprisonment where death penalty is imposed by
hensive specific child rights approach. Although there
law. This is due to the privilege mitigating circumstance
is an international regulation on the deprivation of a
of age, which they may avail of under the law. PD
child’s liberty, the specific legal regulation was left to
603, as amended by the Family Courts Act, provides
the implementing States. The international instruments
for the automatic suspension of the child found guilty
instead focus on the setting of minimum standards to
of the offence.84 However, the right to a suspension
guide the implementing States. Even so, the UN, on
of sentence does not apply to a child who has once
the basis of the UN CRC, established a set of three
enjoyed the benefits of a suspended sentence, or who
rules concerning children’s justice--the UN Guidelines
has been convicted of an offence punishable by death
for the Administration of Juvenile Delinquency (the
or life imprisonment.85
Riyadh Guidelines), the UN Standard Minimum
Rules for the Protection of Juvenile Justice (the Beijing

Rules), and the UN Rules for the Protection of Juve- Philippine legislation
niles Deprived of their Liberty (JDL Rules). Arrest. A child accused of an offence encounters the
Philippine Criminal Justice System upon arrest. Arrest
PHILIPPINE LEGISLATION may be made by an actual restraint of the child to be
arrested, or by his or her submission to the custody of
Philippine legislation, on the other hand, has provided
the person making the arrest.86
for a specific set of rules on dealing with CICL from
the time the child enters the formal criminal justice As a rule, an arrest cannot be effected unless there is
system, such as from arrest up to the termination of a valid warrant of arrest, unless the arrest falls under
the case and aftercare services. The recently enacted the exception provided by law as will be discussed in
Rule on Juveniles in Conflict with the Law (New Rule) the subsection on warrantless arrest. The police officer,
is the main instrument governing criminal procedure by virtue of his or her power and authority to arrest
on CICL. The Rule on JICL is further supplemented persons and any private person by virtue of citizen’s
by the following rules of procedure: the Rules and Regu- arrest,87 are authorized to effect the arrest of a person.
lations on the Apprehension, Investigation, Prosecution The officer or any person who made the arrest shall
and Rehabilitation of Youth Offenders (Rules enacted thereafter deliver the child to the nearest police station
pursuant to PD 603. or the Child and Youth Welfare or jail without unnecessary delay.88
Code); the Rule on Examination of a Child Witness; the
Revised Rules on Criminal Procedure and Revised Rules Warrantless arrest. A child shall be arrested only by
on Summary Procedure. virtue of a warrant of arrest except for allowable war-
rantless arrests as provided by the law.89 The following
are exclusive grounds for a lawful warrantless arrest:
The Child Enters the Law
Enforcement Pillar A peace officer or private person may lawfully
arrest without warrant a person, (a) When, in
his presence, the person to be arrested has com-
APPREHENSION
mitted, is actually committing, or is attempting
International laws to commit an offence; (b) When an offence has
Art. 37 (b) of the UN CRC further states that “No just been committed and he has probable cause
child shall be deprived of his or her liberty unlawfully to believe based on personal knowledge of facts
or arbitrarily. The arrest, detention or imprisonment of or circumstances that the person to be arrested
a child shall be in conformity with the law and shall be has committed it; and (c) When the person to
used only as a measure of last resort and for the shortest be arrested is a prisoner who has escaped from a
appropriate period.” penal establishment or place where he is serving
final judgment or is temporarily confined while
Under the JDL Rules, law enforcement officers are his case is pending, or has escaped while being
required to respect the legal status of juveniles, promote transferred from one confinement to another.90
their well-being and avoid harming juveniles. The
Beijing Rules also require that parents of guardians Delivery to proper authorities and period. The child
be notified of the arrest within the shortest possible arrested without a warrant shall be delivered without
time. delay to the nearest police station for investigation.91

The law,92 nonetheless, provides safeguards for the Procedure in taking a child in custody. While mak-
rights of any person in such arrest. Thus, having ar- ing the arrest, it is the duty of the person effecting the
rested the child for legal grounds but without warrant arrest to identify himself or herself and present proper
of arrest, the person making the arrest must deliver identification to the child. He or she must inform
the child to the proper judicial authorities within a the child of the reason for such custody and advise
specific period based on the type of offence, as shown the child of his or her constitutional rights (Miranda
in Table 4.3. Rights) in a language or dialect the child understands.
The person making the arrest must refrain from using
Table 4.3. Period of time a child must be delivered to proper judicial vulgar or profane words and from sexually harassing or
authorities by type of offence abusing, or making sexual advances on the child. He or
Start –End
Timeframe
Offence she should also avoid displaying or using any firearm,
(no. of hours)
weapon, handcuffs or other instruments of force or
Counting starts from Punishable by light penalties,
the time of arrest
12
or their equivalent* restrain, unless absolutely necessary and only after all
up to the time the other methods of control have been exhausted and have
case is filed by the Punishable by correctional
prosecutor in court.
18
penalties, or their equivalent failed. The person should also refrain from subjecting
Within this period, the juvenile to greater restraint than is necessary for his
the child must be Punishable by afflictive or
delivered to judicial 36 capital penalties, or their or her apprehension and avoid violence or unnecessary
authorities. equivalent
force. 93 A female child shall only be searched by a fe-
*See the penalties for theft by value of property stolen in Table 4.4. male police officer.94 Thereafter, the arrested child shall
on page 47.
be brought immediately to the nearest police station
Unjustified failure to deliver within the prescribed where the apprehension took place and the name of
period will make the person making the arrest and the police officer and the place of apprehension shall
detaining the child criminally liable. On the one hand, be recorded in the police blotter.95
a public officer who fails to deliver the child within
the prescribed period will be liable for “Delay in the Post-arrest; duty to notify parents, relatives, guard-
delivery of detained persons to the proper judicial au- ians and local social workers. The person taking the
thority.” A private person, on the other hand, will be child into custody is required by the new Rule on Ju-
liable for “Kidnapping and Serious Illegal Detention” veniles in Conflict with the Law to notify the parents
or “Slight Illegal Detention,” as the case may be. A of the child or his or her nearest relative or guardian,
person may be charged by either of these crimes only if any, and the local social welfare as soon as the ap-
in cases of warrantless arrest. prehension is made.96 In the Rules and Regulation on
Apprehension, Investigation, Prosecution and Reha-
The period provided by law is counted from the time bilitation of Youth Offenders, enacted prior to the new
the child is arrested. It includes the time he or she un- Rule on Juvenile in Conflict with the Law, notification
dergoes custodial investigation at the police precinct, to the parents and the Department of Social Welfare
the inquest proceedings at the prosecution level and must be made within eight hours from the time the
ends at the time the complaint against the child is arrest is made.97
dismissed by the prosecutor or when a case is filed by
the prosecutor in court.

Physical and mental examination. After having re- CUSTODIAL INVESTIGATION

corded the arrest in the police blotter, it is the duty of International laws
the law enforcement agency concerned to immediately
Article 40 of the UN CRC and Rules 7-8 of the Beijing
take the child to any available government medical
Rules enumerate the basic rights of the child that must
or health officer in the area for a physical and mental
be respected while the child is under investigation, such
examination. A medical certificate shall be issued after
as the right to be treated in a manner consistent with
said physical and mental examination. Whenever treat-
the promotion of the child’s sense of dignity and worth;
ment for any physical or mental defect is indicated, the
the right to remain silent; the right to be presumed
government medical or health officer shall undertake
innocent until proven guilty; the right to be notified
steps to provide the child with necessary and proper
of the charges against him or her; the right to counsel;
treatment. The results of the examination and/or treat-
the right to presence of parent or guardian; the right
ment of the child shall form part of the records of his
to confront and cross-examine witnesses; and the right
or her case,98 but such results shall be kept confidential
to privacy of the child.
unless otherwise ordered by the Family Court.
Philippine legislation
While the child is detained for purposes of police investi-
gation, the child shall be held in secure quarters separate Conduct of initial investigation by the police. The
from that of the opposite sex and adult offenders.99 rights stated in the Convention and the Beijing Rules
are guaranteed rights under the Philippine Constitu-
Social Services and Counselling Division. Upon tion. The Rules101 likewise provide the same rights. The
entry of the child into the law enforcement level, it is police officer conducting the initial investigation of the
incumbent upon the person taking the child in custody child shall do so in the presence of either parents of the
to contact a social worker to carry out services needed child. In the absence of both parents, the investigation
in connection with the child. As soon as the child enters must be conducted in the presence of the guardian or
the justice system, a social worker is contacted who shall the nearest relative, or a social welfare officer, and the
immediately take an intake report of the child. Intake counsel of his or her own choice. In their presence the
reports shall be further discussed under the section on child shall be informed of his or her constitutional
police investigation. rights during custodial investigation. The child and
the parents have the right to be informed of the nature
The Social Services and Counselling Division was of the offence charged against the child. The accused
established under the law with the guidance of the child shall have the right to remain silent and to be
DSWD. It is composed of qualified social workers informed of the same. He or she shall have the right
and other personnel with academic preparation in to a competent legal counsel preferably of his or her
behavioural sciences to conduct intake assessments, own choice, and to be informed of the same.102 In case
social case studies, casework, counselling and other of warrantless arrests, referral of the child’s case to the
social services that may be needed in connection with prosecutor or judge must be done within the allowable
the case filed with the Family Court. The Division also detention period.103
recommends to the Court the consultative services of
psychiatrists, psychologists and other qualified special-
ists employed in other government departments in
connection with the case.100

Right to privacy is protected. The interview of the assist the child as soon as he or she enters the justice
child shall be held privately. His or her rights shall be system.107
protected at all times and all measures necessary to
promote this right shall be taken, including the exclu- The intake report contains, among others, the bio data
sion of the media.104 This right to privacy extends even of the child, his or her address, date of birth, family
during the fingerprinting and photographing of the composition and the identity of the parents. This is
child. Thus, while under investigation, the child shall necessary for the social worker/officer to conduct home
not be fingerprinted or photographed in a humilia- visits and validate the information given during the
ting and degrading manner. His or her fingerprint interview of the child. The date of detention and the
and photograph files shall be kept separate from those version of the incident as related by the minor must also
of adults and shall be kept confidential. They may be included in the intake report to determine whether
be inspected by law enforcement officers only when there had been violations of the child’s rights during
necessary for the discharge of their duties and upon arrest and custodial investigation.108
prior authority of the Family Court. The fingerprints
and photographs shall be removed from the files and
destroyed if the case against the child is not filed, or is
The Child Enters the Prosecution
dismissed or when the child reaches 21 years of age and Pillar
there is no record that he or she committed an offence
after reaching 18 years of age.105 INQUEST/PRELIMINARY INVESTIGATION
Referral of the case to the prosecutor. If findings war-
Referral of the case to social worker. After consulta-
rant, the arresting officer shall forward the records of
tions with the Department and if the interest of the
the case of the youth under custody to the prosecutor or
child shall be served thereby, the arresting officer shall
judge concerned for the conduct of an inquest and/or
release the child to the custody of a social worker or a
preliminary investigation to determine whether the
responsible person in the community for supervision,
youth should remain under custody and correspon-
counselling or provision or other intervention measures
dingly charged in court. The document transmitting
or services.
said records shall display the word, “YOUTH,” in bold
Intake report by the social worker. Upon the taking letters. The arresting officer shall bring the youth to
the child into custody, the social welfare officer as- the proper authorities within the periods prescribed
signed to him or her by the DSWD shall immediately in Art. 125 of the Revised Penal Code, as amended by
undertake a preliminary background investigation of Executive Order (EO) No. 272. 109
the child and submit, prior to arraignment, a report
Upon endorsement of records by the arresting officer,
on his or her findings to the Family Court in which
the investigating officers authorised to conduct an
the case may be filed.106
inquest or preliminary investigation shall now begin
The intake report is a preliminary written report con- the investigation of the case. The child now enters the
taining the personal and other circumstances of the prosecution level.
CICL and prepared by the social worker assigned by
Inquest investigation. An inquest proceeding is an
the DSWD or the local government unit (LGU) to
informal and summary investigation conducted by

a public prosecutor in a criminal case involving a DETENTION / RELEASE

person arrested and detained without the benefit of a International laws
warrant of arrest issued by the court for the purpose
Under the Beijing Rules, the judge or official body
of determining whether or not that person should
(eg, police officer) must consider the issue of release
remain under custody and correspondingly charged
immediately. Rule 113 of the Beijing Rules further
in court.110 Such proceedings are provided in order
states that detention shall be used as a measure of last
to prevent the person from being detained longer than
resort and at the shortest time possible. Alternative
necessary and within the prescribed period provided by
to detention shall be close supervision or placement
law. Thus, teams of prosecutors are assigned for each
with the family. Detained minors must be separated
day and have a duty to conduct inquest proceedings in
from adult detainees and their rights respected. Care,
cases where the accused are arrested during and even
protection and all necessary individual aid on account
after office hours and during weekends to conduct
of their age, sex and personality shall be provided.
inquest investigation.
Article III.17 of the UN Rules for the Protection of
Preliminary investigation. The purpose of the pro-
Juveniles Deprived of their Liberty states that deten-
ceedings is to determine whether there is sufficient
tion or imprisonment shall be a last resort and only
ground to create a well-founded belief that a crime
for minimum necessary period and limited to excep-
has been committed and the child being investigated is
tional cases. Detention shall be for the shortest possible
probably guilty thereof.111 This inquiry or proceeding
time.114 Detained juveniles shall be separated from
pre-supposes that a complaint has already been filed
convicted juveniles.115 Accused juvenile persons shall
against the child with the office of those authorised to
be separated from adults and brought for adjudication
conduct preliminary investigation.112 Inquest investiga-
as quickly as possible.116
tion, on the other hand, pre-supposes no complaint had
been filed against the child as in a situation where the Article 5, Sec. 46 of the Riyadh Guidelines further
child was caught in the act of committing a crime. provides that the criteria authorising formal interven-
tion such as institutionalisation should be strictly
The manner of conducting the preliminary investiga-
defined and limited to the situations enumerated by
tion shall be done according to the Revised Rules on
the Riyadh Guidelines. Institutionalisation of young
Criminal Procedure as far as they are consistent with
persons should be a measure of last resort for a mini-
the Rule on Juvenile in Conflict with the Law.113
mum necessary period, taking into account the best
Filing of case in ourt. If the evidence submitted in interests of young persons.117 It also specifies detailed
the inquest/preliminary investigation engenders a requirements in the management of juvenile facilities,
well-founded belief that a crime has been committed personnel, physical environment and accommodation,
and that the child is probably guilty thereof, the cor- education, vocational training and work, religion,
responding criminal complaint/information shall be medical care, contacts with the wider community,
filed against the child with the Family Court. This limitations of physical restraint and use of force, dis-
initiates the child’s entrance to the court pillar. ciplinary procedures and return to community.

Philippine legislation other non-government entities shall collaborate and

A child held for investigation, trial or pending appeal contribute their support for the establishment and
may invoke his or her right to be released on bail or maintenance of these facilities.125
recognisance.
The Department of Interior and Local Government
Recognisance. A child may invoke his or her right to (DILG) is also mandated to establish detention homes
be released on recognisance if charged only with of- separate from jails pending the disposition of cases of
fences falling under the Revised Rules on Summary CICL.126 The Family Court judge has direct control
Procedure.118 He or she shall be released to the custody and supervision of the youth detention home.127
of his or her parents or other suitable persons who
shall be responsible for the child’s appearance in court The child, if institutionalised, must be given separate
wherever required.119 detention quarters from adults in jails in the absence of
any such home within a reasonable distance from the
However, even if the offence charged against the child venue of trial.128 Alternatives to detention and institu-
is not one of those falling under the Revised Rules on tional care shall be made available to the accused child
Summary Procedure, if the child is qualified to post bail including counselling, recognisance, bail, community
but is unable to post one for lack of financial resources, continuum or diversion from the justice system.129
he or she may still be released on recognisance. Thus,
if he or she does not pose a threat to public safety, the
Family Court may, motu propio (on its own accord), or The Child Enters Court Level
upon the motion and recommendation of the DSWD, International Law
release the child on recognisance.120
Under Rules 14-16 of the Beijing Rules, if the child is
121 122
Bail. Bail is a matter of right unless the crime is not diverted, he or she must be dealt with by a compe-
punishable by death, reclusion perpetua or life impris- tent court, board or council according to the principles
onment.123 In the event that the child cannot avail of of a fair and just trial. Social inquiry reports regarding
recognisance or bail, he or she shall from the time of the background and circumstances of the child must be
his or her arrest be committed to the care of DSWD, a resorted to. Proceedings must be done in an atmosphere
youth detention centre, or a local rehabilitation centre of understanding where the juvenile has the opportu-
for children, which shall be responsible for the child’s nity to freely express himself or herself. Parents have
appearance in court. the right to participate in the trial if beneficial to the
juvenile. The child shall have the right to a counsel of
In the absence of any such centre or agency within a his or her own choice and to free legal service if he or
reasonable distance from the venue of the trial, the she cannot afford to pay. The court is given the power
child shall be detained in the provincial, city or mu- to discontinue proceedings at any time.130 Article 14.1
nicipal jail, which shall provide adequate quarters for of the International Covenant on Civil and Political
the juvenile separate from adult detainees and detainees Rights also provides for the right of an accused to a fair
of the opposite sex.124 and public hearing by a competent, independent and
impartial tribunal. In the case of juveniles, criminal
The DSWD is mandated to establish regional reha- procedure should take into account their age and the
bilitation centres for CICL. The local government and desirability of promoting their rehabilitation.131

PHILIPPINE LEGISLATION plaining the nature and consequences, the judge will
ask the child whether to plea guilty or not guilty to the
PROSECUTION OF THE CASE offence charged against him or her.138
Court where case is tried. The child accused of the
crime has the right to be tried by the duly designated Pre-trial139 and trial. During the pre-trial conference,
Family Court.132 Through filing of information by whenever possible and practicable, the Family Court
the prosecutor or filing of complaint directly with the shall explore all possibilities of settlement of the case
Family Court133 as the case may be, the institution of except its criminal aspect. Plea-bargaining shall be
the case initiates the proceeding against the child in resorted to only as a last measure when it will serve
court. The Family Court then determines, according to the best interest of the child and the demands of re-
the offence charged against the child, whether to apply storative justice.140
the Diversion Proceedings, or the Rules on Summary
Hearings shall be conducted in a manner conducive
Procedure or whether the child should undergo a full-
to the best interests of the child and in an environ-
blown trial. A separate section shall discuss Diversion
ment that will allow him or her to freely and fully
and Summary Proceedings.
participate.141
During trial, a guardian ad litem shall be appointed
Specific days for the trial of cases. Trial judges de-
if the parent or guardian is absent or has adverse in-
signated in the Family Courts shall endeavour to assign
terests. 134
specific days for the trial of cases involving minor of-
Rights of the child. The general rights of the accused fenders to the exclusion of criminal cases against adult
under the Constitution135 in connection with the offenders.
prosecution of the case are likewise applicable to the
child. These rights are: (1) Right to due process of law; DECISION OF THE CASE
(2) Right to be presumed innocent until proven guilty;
(3) Right to be heard by him/herself and counsel; (4) INTERNATIONAL LAWS
Right to a speedy, impartial and public trial; (5) Right Rule 17 of Beijing Rules provides that the restriction on
to confrontation of witnesses against him or her; (6) freedom of the juvenile shall be limited to the possible
Right against self-incrimination; and (7) Right to be minimum. There is deprivation of liberty of the child
protected from public identification. Moreover, his or only if convicted of: (1) Serious act involving violence
her privacy must be fully respected in all stages of the against another person or (2) Persistence in committing
proceedings.136 The child’s name, biographical infor- other serious offences and there is no other appropriate
mation or his or her image by means of still or moving response. The well-being of the juvenile shall always be
pictures shall not be made public in connection with paramount consideration.
the criminal proceedings against him or her. 137
Rule 17 of Beijing Rules placed importance on the
Arraignment and plea. The arraignment of the child theory of “proportionality.” The reaction on the offen-
signifies his or her formal entry into the court pillar. ding child shall be in proportion to the circumstances
It is at this time that the court will gain jurisdiction and gravity of offences, and to circumstances and needs
over his or her person. Arraignment shall be held in of offender and society.
the chambers and conducted by the judge. After ex-

Article 6(5) of the International Convention on Civil Promulgation of sentence. If after trial the Family
and Political Rights prohibits the imposition of the Court should find the child guilty, it shall pro-
sentence of death for crimes committed by persons mulgate the sentence, impose the proper penalty
below 18 years of age. Under Art. 37 of the UN CRC, and ascertain any civil liability that the child may
there is prohibition on the imposition of capital pun- have incurred.143
ishment and life imprisonment without possibility of
release for offences committed before the age of 18 Automatic suspension of sentence. Instead of
years. Torture and other cruel, inhuman or degrading serving his or her sentence, the child found to
treatment or punishment are likewise prohibited. Rule have committed the act constituting the offence
17 of Beijing Rules provides for the prohibition on is generally entitled to automatic suspension of
capital and corporal punishment. sentence,144 except if the offence is punishable
by death or life imprisonment, or if the child has
previously availed of suspension of sentence 145 or
PHILIPPINE LEGISLATION
when at the time of promulgation of judgment the
Guiding principles in the decision of CICL cases. child is already 18 years of age or over.146
The Rule on JICL142 enumerates principles to
guide the judge in deciding the case against the Imposable penalty is lowered. The law provides
child, as follows: for the lowering of the penalty in considering the
1. It shall be in proportion to the gravity of the of- age of the child. If the convicted youth is over nine
fence, and shall consider the circumstances and but under 15 years of age, the penalty imposed is
the best interests of the child, the rights of the two degrees lower than that prescribed by law. If
victim and the needs of society in line with the the child is over 15 years of age but below 18 years,
demands of restorative justice. the penalty imposed shall be one degree lower than
that prescribed by law.147
2. Restrictions on the personal liberty of the child
shall be limited to the minimum. Where discre- Prohibition on death penalty. Philippine law
tion is given by law to the judge to determine prohibits death penalty on persons below 18
whether the penalty to be imposed is fine or im- years of age at the time of the commission of the
prisonment, the imposition of the former should crime.148
be preferred as the more appropriate penalty.
3. No corporal punishment shall be imposed. DISPOSITION MEASURES
International Laws
Right to dismissal. Art. 189 of PD 603 provides
the right to dismissal and commitment to parents or In relation to Art. 37 (b) of the UN CRC, Rules 18-
guardian if the child is below nine years old. The right 20 of the Beijing Rules states that placement in an
to dismissal of the case against him or her and com- institution shall be a disposition of last resort and for
mitment to parents/guardians may also be invoked by minimum necessary period. Alternatives to detention
the child between nine years old and below 15 years shall be imposed in proper cases such as probation,
unless the child acted with discernment. community service order, financial penalties, treatment
orders and supervision order. No juvenile shall be re-
moved from parental supervision unless circumstances

make it necessary. Art. 37 of the UN CRC also provides dited child-caring agency that has custody over the
that the child deprived of liberty shall be separated child, the Family Court shall, after due notice to
from adults and have the right to maintain contact all parties and hearing, dismiss the case against the
with his or her family. child who has been issued disposition measures,
even before he or she has reached 18 years of age,
Philippine Legislation and order a final discharge if it finds that the child
Disposition measures if sentence suspended. The has behaved properly and has shown the capability
court shall set the case for a disposition conference to be a useful member of the community. 149
within 15 days from the promulgation of sentence,
which shall be attended by the social worker of the Non-discharge of the child. If the Family Court,
Family Court, the juvenile and his/her parents or however, finds that the child has not behaved
guardian ad litem. It shall proceed to issue any or a properly, has been incorrigible, has not shown the
combination of the following disposition measures capability of becoming a useful member of society,
best suited to the rehabilitation and welfare of the has willfully failed to comply with the conditions
juvenile: of his disposition or rehabilitation programme, or
should his or her continued stay in the training
1. Care, guidance and supervision orders; institution where the child has been assigned be
2. Community service orders; not in his or her best interests, the child shall be
brought before the court for execution of his or
3. Drug and alcohol treatment;
her judgment. 150
4. Participation in group counselling and similar
activities and The child reaches 18 years of age while in com-
5. Commitment to the Youth Rehabilitation Center mitment. If the child reaches the age of 18 years
of the DSWD or other centres for juveniles in while in commitment, the Family Court shall
conflict with the law authorised by the Secretary determine whether to dismiss the case or to execute
of the DSWD. the judgment of conviction. In the latter case,
unless the child has already availed of probation
The Social Services and Counselling Division (SSCD) under PD 603 or other similar laws, he or she may
of the DSWD shall monitor the compliance by the apply for probation if qualified under the provi-
juvenile in conflict with the law with the disposition sions of the Probation Law. 151
measure and shall submit regularly to the Family Court
Probation as an alternative to imprisonment.152
a status and progress report on the matter. The Family
After promulgation of sentence and upon applica-
Court may set a conference for the evaluation of such
tion at any time by the child, the Family Court
report in the presence, if practicable, of the juvenile,
may place the child on probation if he or she is
his/her parents or guardian, and other persons whose
qualified under the Probation Law.153 Probation
presence may be deemed necessary.
suspends the execution of the sentence of the
Discharge of child subject of disposition mea- convicted child, who shall be released under the
sure. Upon the recommendation of the SSCD supervision of a probation officer and subject to
and a duly authorised officer of the DSWD, the conditions imposed by the Family Court.154
head of an appropriate centre or the duly accre-

Disqualified offenders. Probation cannot be extended Upon suspension of sentence, he or she shall be com-
to those: (a) Sentenced to serve a maximum term of mitted to either the DSWD, a government training
imprisonment of more than six years; (b) Convicted of institution or a responsible person until he or she
any offence against the security of the State; (c) Who reaches 21 years old or for lesser period if he or she
have previously been convicted by final judgment of exhibits good behaviour. If the youth behaved properly
an offence punished by imprisonment of not less than and displayed capability to be a useful member of the
one month and one day and/or a fine of not less than community, the court shall dismiss the case. If the
Php200; and (d) Who have been once on probation youth remains incorrigible, a sentence of conviction
under the provisions of this Decree. 155 shall be pronounced but the youth is entitled to apply
for probation.
Termination of probation. After the period of
probation and upon consideration of the report and
recommendation of the probation officer, the court The Child Enters the Correction
may order the final discharge of the probationer upon Pillar
finding that he has fulfilled the terms and conditions
of his probation and thereupon the case is deemed
terminated. 156 INTERNATIONAL LAW
The aim of treatment of prisoners under Art. 10(3) of
Effect of final discharge of probationer. The final the International Convention on Civil and Political
discharge of the probationer shall operate to restore Rights shall be reformation and social rehabilitation.
to him all civil rights lost or suspend as a result of his Juvenile offenders shall be segregated from adults and
conviction and to fully discharge his liability for any be accorded treatment appropriate to their age and legal
fine imposed as to the offence for which probation status. Rules 24-26 of the Beijing Rules state that at
was granted. 157 all stages of proceedings, the State has the obligation
to provide the child lodging, education, vocational
Confidentiality of records of probationer. The training, employment and other assistance to facilitate
investigation report and the supervision history of a the rehabilitation process. In case of institutional treat-
probationer obtained under this Decree shall be privi- ment, the objective of the training and treatment is
leged and shall not be disclosed directly or indirectly to provide care, protection, education and vocational
to anyone other than the Probation Administration or skills. The goal is to help them assume socially con-
the court concerned, except that the court, in its discre- structive and productive roles in society. To hasten the
tion, may permit the probationer or his/her attorney to reformative process, the juvenile should be separated
inspect the aforementioned documents or parts thereof from adult offenders and special attention must be
whenever the best interest of the probationer makes given to young female offenders owing to their special
such disclosure desirable or helpful; provided further needs and problems.
that any government office or agency engaged in the
correction or rehabilitation of offenders may, if neces-
sary, obtain copies of said documents for its official use
from the proper court or the Administration. 158

PHILIPPINE LEGISLATION CONFIDENTIALITY OF RECORDS

The convicted child shall be committed to International Laws
proper penal institution to serve his or her sen- Rule 21 of the Beijing Rules provides that records
tence. Whenever practicable, the child shall be shall be kept highly confidential. Records cannot be
completely segregated from adult offenders and used in future adult proceedings involving the same
grouped according to age levels, pathological or offender.
behavioural tendencies or other suitable criteria to
ensure his or her speedy rehabilitation. The child Philippine Legislation
may serve his or her sentence in agricultural and All records of cases are considered privileged and
forestry prison camps that may be established by shall not be disclosed by anyone to any person ex-
the Bureau of Correction in lieu of confinement cept: (1) To answer inquiry from another court, the
in a regular penal institution.159 DSWD or any government agency to determine if
the youth is entitled to suspension of sentence or
ANALYSIS AND RECOMMENDATION probation; (2) To answer inquiry from the victim
or the victim’s heirs relating to civil liability or; (3)
Benefits are not provided for those less than 21
If the child may be granted probation under the
years of age including separate detention cells
Probation Law.160
from adults if committed to a penal institution
(see Sec. 30 of Rules and Regulations). There are Other measures to protect confidentiality.
also no agricultural and forestry prison camps for The Family Court shall take other measures to
the Metro Manila area. protect this confidentiality of proceedings inclu-
ding non-disclosure of records to the media, the
maintenance of a separate police blotter for cases
The Child Enters the Community involving juveniles in conflict with the law and the
The following are some ways by which a CICL can adoption of a system of coding to conceal mate-
be reverted to and his/her offence settled in the com- rial information, which will lead to the juvenile’s
munity. identity. Records of juveniles in conflict with the
law shall not be used in subsequent proceedings or
1. Amicable settlement or conciliation under the cases involving the same offender as an adult. 161
Katarungang Pambarangay Law (the Barangay
Justice Law) Non-liability for perjury, concealment or mis-
representation. The child shall have the right not
2. Diversion proceedings under JICL
to disclose or acknowledge a previous criminal
3. Suspension of sentence and discharge of the charge against him or her and cannot be held guilty
CICL of perjury, concealment or misrepresentation by
4. Termination of probation reason of his or her failure to acknowledge the case
5. After service of sentence or recite any fact related thereto in response to
any inquiry made to him or her for any purpose.
162
This right is applicable only in cases where the

child has been acquitted, if the case against him The New Rule seeks to formulate a more rehabilitative
or her has been dismissed or the child has been approach on the juvenile justice system, as exemplified
committed to an institution and subsequently by the institutionalisation of Diversion Proceedings.
discharged by the Family Court because of good It also endeavours to apply the principles of resto-
behaviour.163 rative justice in its procedures. Some of the changes
introduced should be re-examined to ascertain if the
provisions indeed promote the various international
Discussion of Some Relevant Laws instruments concerned with children’s rights and
Affecting CICL whether they are still faithful to Philippine laws en-
acted in accordance with international instruments
on children’s rights.
RULE ON JUVENILES IN CONFLICT WITH THE LAW
The New Rule is a recent response to the clamour for 1. Applicability of the rule
the improvement of the juvenile justice system in the
Philippines. Despite several child-oriented laws and a. Age of the child in conflict with the law.
regulations governing children’s justice particularly in The New Rule defines a CICL as someone
dealing with CICL, there are still major concerns left who is not less than nine years but below
unaddressed. Thus, the Philippine Supreme Court 18 years of age at the time of the commission
enacted the New Rule that recently took effect on 15 of the crime. On the other hand, those minor
April 2002. who are nine years old or below at the time
of the commission of the offence are exempt
An important novelty in the New Rule is the institu- from criminal liability.164 This phrase, which
tionalisation of the Diversion Proceedings within the followed the wording of the Family Courts
formal court proceedings before the child is held for Act, marked a significant importance in the
trial. Prior to this rule, a child may avail of suspension delineation of age of criminal responsibility.
of sentence or probation, which are forms of diver- It seems that the wording of different Phil-
sion from service of sentence. Diversion Proceedings, ippine laws defining who is a CICL varies.
on the other hand, can be availed of before the child Thus, it is not clear whether a nine-year-old
is held for trial. This is in consonance with the goal child at the time the offence was committed
of the New Rule, which is to divert from the justice is exempt or liable. A Supreme Court ruling165
system children who can be cared for or placed under has interpreted laws to mean that criminal
community-based alternative programmes of treat- responsibility excludes children who are nine
ment, training and rehabilitation in conformity with years of age. Perhaps, this interpretation was
the principle of restorative justice. hinged on the principle that penal provisions
The New Rule also defines the concept of restorative must always be construed in favour of the
justice. With this definition the restorative justice, accused. With the onset of the New Rule
philosophy was expressly recognised for the first time including a nine-year-old child as capable of
in the Philippine legal system. incurring criminal liability, it seems that the
New Rule contradicted its own objective of
“considering the developmental age of the

child and his or her eventual reintegration in b. Diversion is done within the formal court sys-
the society in accordance with the principle tem. The Diversion Proceedings under the New
of restorative justice” because, with definite Rule contemplates a proceeding done within the
wordings, it has expressly lowered the age of formal justice system. Before a child is qualified
criminal responsibility and has expressly infor diversion, it presupposes that an information
cluded in the category of children in conflict or complaint is first filed against him or her in
with the law those who are nine years old at the Family Court. In each Family Court, there
the time of the commission of the crime. exists a Diversion Committee, composed of its
b. The initial contact rule. The New Rule requires branch clerk of court as chairperson, the pros-
that in order for it to be applicable, initial contact ecutor, a lawyer of the PAO and social worker
with the CICL must be at the time that the child assigned by the Family Court--all of whom are
is still below 18 years of age. court personnel. During the diversion conference,
the counsels of the CICL, as well as that of the
Initial contact means the apprehension or private complainant, are also present.
taking into custody of a juvenile in conflict
with the law by law enforcement officers or 3. Bail
private citizens. It includes the time when the
juvenile receives a subpoena or summons in An examination of law and rules shows that
cases that do not require preliminary investi- generally an adult accused is entitled to bail as
gation or where there is no necessity to place a matter of right unless the penalty imposed is
the juvenile under immediate custody. 166 death, reclusion perpetua or life imprisonment if
Thus, even if the person commits an offence at the evidence of guilt is strong.
time that he or she is below 18 years of age, if the Considering that children are entitled to a privi-
initial contact happens at the time the person has lege mitigating circumstance of minority, the issue
already reached majority age, through no fault of then is whether they are entitled to bail as a mat-
his or hers, the person shall be tried as an adult ter of right even if the imposable penalty for the
for the crime committed as a child. crime committed is afflictive in nature (death,
reclusion perpetua or life imprisonment).
2. Diversion
A Supreme Court167 case has settled this is-
a. Applicability of diversion proceedings. To sue in a case where the child charged with
qualify for Diversion Proceedings, the maximum murder with an imposable penalty of reclusion
penalty imposed by law for the offence committed perpetua to death applied for bail. Thus, it
must be imprisonment of six months regard- stated, “where it has been established without
less of fine, or fine alone regardless of amount. objection that accused is only 16 years old, it
Majority of the offences committed by children follows that if convicted, he should be given
do not qualify for diversion. Hence, despite the the ‘penalty next lower than that prescribed
existence of this proceedings, many CICL cannot by law,’ which effectively rules out the death
avail of diversion and are still exposed to the usual penalty.” The reason for this ruling was, “the
formal court proceedings because of the limited Constitution withholds the guarantee of bail
applicability of the New Rule. from one who is accused of a capital offence

where the evidence of guilt is strong. The ob- 4. Suspension of sentence

vious reason is that one faces a probable death
sentence has a particularly strong temptation The New Rule has provided certain instances
to flee. This reason does not hold where the where suspension of sentence does not apply to a
accused has been established without objec- juvenile offender. Sec. 32 states that the benefits
tion to be a minor who by law cannot be of suspended sentence shall not apply to a CICL
sentenced to death.” who (a) has once enjoyed suspension of sentence;
(b) is convicted of an offence punishable by death,
The case above was decided before the 1987
reclusion perpetua or life imprisonment; or (c)
Constitution, which eventually abolished death
when at the time of promulgation of judgment
penalty. As a result, the Constitution provided
is already 18 years of age or over.
that no bail is allowed for crimes with imposable
penalty of reclusion perpetua when evidence of A feature that catches one’s attention on this pro-
guilt is strong. The Rules of Criminal Procedure, vision is the preclusion of the child from availing
thus followed suit and provides no bail for those the benefits of the suspended sentence by reason
crimes punishable by reclusion perpetua when that he or she has already reached the majority
evidence of guilt is strong. However, the Hei- age at the time of the promulgation of sentence
nous Crime Law later on reinstated the Death even if the crime was committed during minority.
Penalty. Thus, amendments were made to the This clearly places the child at a great disadvantage
Rules of Criminal Procedure on bail but instead because the child is denied the chance to rehabili-
of disallowing bail only on crimes with imposable tate simply because he or she has already reached
penalty, the Rules on Criminal Procedure further majority age. Considering that the procedure in
provide that bail is not allowed for crimes punish- the justice system is inherently slow, which causes
able with death penalty, life imprisonment and the prolonged disposition of the case, the child
reclusion perpetua when evidence of guilt is strong. is now treated like an adult under the criminal
The problem, thus, arises with regard to minors justice system through no fault of such child.
15 years old and above who committed crimes
with imposable penalty of death because when THE COMPREHENSIVE DANGEROUS DRUGS ACT OF
there is the privilege mitigating circumstance 2002
of age, which is one degree lower, (eg, reclusion The Comprehensive Dangerous Drugs Act of 2002
perpetua) they are still within the purview of the (RA 9165) approved on 2 June 2002 was enacted for
rule disallowing bail. This issue was later on re- providing an extensive approach towards the eradica-
solved by the New Rule and in effect altogether tion of illegal drugs.
precluded such children to invoke their right to
Forms of diversion are also available for those who
bail when it copied the exact provision of the
violated the provisions such as the voluntary submis-
Rules on Criminal Procedure on bail. Thus, Sec.
sion of the person found to be a drug dependent to
17 of the New Rule states that:
confinement, treatment and rehabilitation and suspen-
No juvenile charged with an offence punishable sion of sentence for CICL.
by death, reclusion perpetua or life imprisonment
shall be admitted to bail when evidence of guilt
is strong.

Voluntary submission but not more than 18 years of age at the time when the
A drug dependent may be placed under the care of judgment should have been promulgated after having
a Department of Health (DOH)-accredited physi- been found guilty of said offence, may be given the
cian where there is no centre near or accessible to the benefits of a suspended sentence subject to the fol-
residence of the drug dependent or where said drug lowing conditions:
dependant is below 18 years of age and is a first-time
offender and non-confinement in a centre will not (a) He/she has not been previously convicted of violating
pose a serious danger to his or her family or the com- any provision of this Act, or of the Dangerous Drugs
munity. 168 Act of 1972, as amended; or of the Revised Penal
Code; or of any special penal laws;
A drug dependent under the voluntary submission pro- (b) He/she has not been previously committed to a centre
gramme, who is finally discharged, may also be exempt or to the care of a DOH-accredited physician; and
from criminal liability under conditions provided by
(c) The Board favourably recommends that his/her
law,169 thus if such drug dependent is a child, he or
sentence be suspended.
she will be spared undergoing a trial.
A drug dependent discharged as rehabilitated by the On the otherhand, in case of minors under 15 years of
DOH-accredited centre through the voluntary submis- age at the time of the commission of the offence, Art.
sion programme but does not qualify for exemption 192 of PD 603 as amended shall apply.172
from criminal liability under the law, may be charged
but shall be place under service in lieu of imprison- ANALYSIS AND RECOMMENDATIONS
ment and/or fine in the discretion of the court, without From the above provisions, one can see that with re-
prejudice to the outcome of the pending case filed in gard to minors 15 years and over who violate the laws
court. 170 under the Comprehensive Dangerous Drugs Act of
2002, stricter conditions are imposed by law before
Such drug dependent shall undergo community service
such children can avail of the benefits of suspended
as part of his or her aftercare and follow-up programme,
sentence. It is therefore recommended that the suspen-
which may be done in co-ordination with non-govern-
sion of sentence under Art. 192 of PD 603 as amended
mental civil organisations accredited by the DSWD,
be applied even to minors 15 years or over.
with the recommendation of the Board.171
Nevertheless, it should also be noted that even if the
Suspension of sentence of a first-time minor of-
first-time minor offender cannot avail of suspension
fender
of sentence, he or she might avail of probation or
If the child cannot be qualified to avail of the privilege community service in lieu of imprisonment. Thus,
voluntary submission (for example, she/he is not a drug upon promulgation of sentence, the court may, in its
dependent), the child may still avail of the benefit of discretion, place the accused under probation, even if
suspension of sentence. the sentence provided by the law is higher than that
provided under the existing law on probation, or im-
The law provides that an accused who is over 15 years
pose community service in lieu of imprisonment.173
of age at the time of the commission of the offence,

THE MENDICANCY LAW OF 1978 Any person not otherwise covered in the pre-
The Presidential Mendicancy Law of 1978 (PD 1563), ceding paragraph of this Section who is found
which punishes both the beggar and the alms giver, is begging and who is physically or mentally inca-
aimed at controlling and eradicating begging activi- pable of gainful occupation shall be provided the
ties. integrated package of services by the Department
of Social Services and Development, the Welfare
The law defines mendicant as any person, except those units of local governments and other cooperating
enumerated in Sec. 4 of this Decree, who has no visible agencies.
and legal means of support, or lawful employment and
who is physically able to work but neglects to apply Criminal liability, which attached to those violat-
himself/herself to some lawful calling and instead uses ing the mendicancy law are the following:175
begging as a means of living.174
A mendicant shall, upon conviction, be punished
Sec. 4 of the law provides the apprehension and services by a fine not exceeding P500.00 or by imprison-
for persons found begging: ment for a period not exceeding 2 years or both
at the discretion of the court.
Any infant or child 8 years old and below who is
A habitual mendicant shall be punished by a fine
found begging or is being utilised by a mendicant
not exceeding P1,000.00 or by imprisonment
for purposes of begging shall be apprehended as a
for a period not exceeding 4 years or both at the
neglected child under Article 141 of PD 603 and
discretion of the court.
shall be committed to the custody and care of the
Department of Social Services and Development Parents of exploited infants or minors under Sec-
or to any duly licensed child placement agency tion 4 of this Decree shall be proceeded against in
or individual. accordance with Articles 59 and 60 of Presidential
Decree No. 603, unless they are themselves men-
Any minor over 9 years of age under 15 found
dicants.
begging or is being utilised for purposes of beg-
ging and who acted without discernment shall be Any person who abets mendicancy by giving
apprehended as a neglected child under Article alms directly to mendicants, exploited infants
141 of Presidential Decree No. 603 and shall and minors on public roads, sidewalks, parks and
be committed to the custody and care of the bridges shall be punished by a fine not exceeding
Department of Social Services and Development P20.00.
or to any duly licensed placement agency or in-
dividual. ANALYSIS AND RECOMMENDATIONS
Any minor over 9 years of age and under 15 who Children over nine years of age but below 15 who acted
is found begging or is being utilised for the pur- with discernment as well as children over 15 years of
pose of begging and who acted with discernment age may be penalised as mendicants under the law.
shall be proceeded against in accordance with the Considering that the maximum imposable penalty is
provisions of Chapter 3, Title VIII of Presidential more than six months, said child violating the Men-
Decree No. 603. dicancy Law cannot even be qualified for diversion
under the New Rule.

It is recommended for the decriminalisation of such ANALYSIS AND RECOMMENDATIONS

status offence particularly when offenders involved With the passage of RA 7610, or An Act Providing
are children. for Stronger Deterrence and Special Protection Against
Child Abuse, Exploitation and Discrimination, child
Revised Penal Code, Art. 202: Vagrants and Pros-
prostitution and other forms of sexual abuse176 is now
titutes
considered a criminal offence. Nevertheless, the law has
The law considers vagrancy and prostitution as criminal not made any amendment regarding the provision on
offences that are punishable; thus, the Revised Penal prostitution in Art. 202 of the Revised Penal Code. As
Code provides under Art. 202: a result, children who came under the purview of Sec.
5 of RA 7610 as victims of child prostitution are also
Vagrants and prostitutes; Penalty. — The following considered as offenders under Art. 202 of the Revised
are vagrants: Penal Code. Thus, it is recommended that prostitution
1. Any person having no apparent means of subsistence, be decriminalised. Article 202 of the Revised Penal
who has the physical ability to work and who neglects Code, which talks about vagrants and individuals in
to apply himself or herself to some lawful calling; prostitution, should be amended.
2. Any person found loitering about public or semi-

public buildings or places or trampling or wandering REVISED PENAL CODE,TITLE 10, CRIMES AGAINST
about the country or the streets without visible means PROPERTY,THEFT
of support; The imposable penalty for the crime of theft under Art.
3. Any idle or dissolute person who ledges in houses of 309 of the Revised Penal Code depends on the value
ill fame; ruffians or pimps and those who habitually of the thing stolen (see Table 4.4.).
associate with prostitutes;
4. Any person who, not being included in the provisions
of other articles of this Code, shall be found loitering ANALYSIS AND RECOMMENDATIONS
in any inhabited or uninhabited place belonging to Considering that the Revised Penal Code was enacted
another without any lawful or justifiable purpose. in 1932, the value of money has greatly decreased by
this time. This provision in terms of using the above-
PROSTITUTES listed value for determining the penalty is already
obsolete and requires amendment of the law to respond
For the purposes of this article, women or men who,
to present times. Studies have shown that crimes against
for money or profit, habitually indulge in sexual inter-
property (eg, theft) are the ones mostly committed by
course or lascivious conduct are deemed prostitutes.
CICLs. However, because of such provision, only those
Any person found guilty of any of the offences covered CICL who steal an item amounting to merely Php50
by this article shall be punished by arresto menor or a or below can avail of diversion proceedings.
fine not exceeding Php200, and in case of recidivism,
by arresto mayor in its medium period to prision cor-
reccional in its minimum period or a fine ranging
from Php200 to Php2,000, or both, in the discretion
of the court.

Table 4.4. Penalty for theft by value of property stolen

Value of Property Stolen Penalty Years
Prisión Mayor maximum + 1 year for each additional 10 yrs & 1 day to 12 yrs + 10 yrs
More than Php22,000
Php10,000, but total years imposed not to exceed 20 years but not exceeding 20 yrs
More than Php12,000 up to Php22,000 Prisión Mayor minimum and medium period 6 yrs & 1 day to 10 yrs
More than Php6,000 up to Php12,000 Prisión Correccional medium and maximum 2 yrs, 4 mos. to 6 yrs.
More than Php200 up to Php6,000 Prisión Correccional minimum and medium 6 mos. & 1 day to 4 yrs & 2 mos.
More than Php50 up to Php 200 Arresto Mayor medium to Prisión Correccional minimum 2 mos. & 1 day to 2 yrs. & 4 mos.
More than Php5 up to Php50 Arresto Mayor full extent 1 mo. & 1 day to 6 mos.
Php5 and below Arresto Mayor minimum and medium 1 mo. to 4 mos.
Php5 and below Arresto Menor or a fine not exceeding Php200 pesosa 1 to 30 days
Php5 and below Arresto Menor minimum or fine not exceeding Php50b 1 to 10 days
a
If a person shall enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall
hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products.
b
If the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of his or her family.

5 City and Barangay Ordinances and Resolutions
The entanglement of children with local laws cannot be or ordinance and to promote the general welfare of
ignored. A considerable number of city and barangay the inhabitants therein;
ordinances, while intended to govern all citizens, are
xxx
often violated mostly by minors. There are also resolu-
tions at the local level that apply to children in general (14) Prescribe fines in amounts not exceeding
or specifically with CICL. Among the offences allegedly Php1,000.00 for violation of barangay ordinanc-
committed by children in the respondent cities include es;
violations of city and barangay ordinances.
(15) Provide for the administrative needs of the
Most of the existing literature centre on international Lupong Tagapamayapa and the Pangkat ng Tag-
and national laws affecting children. This project, how- apagkasundo;
ever, considers it relevant to collect and present laws
implemented at the city or barangay level to illustrate (16) Provide for the organisation of community
the treatment of CICL by local legislative bodies. This brigades, barangay tanod, or community service
is the first instance that a discussion will be made on units as may be necessary;
these areas of legislation. After a brief background,
this chapter presents a discussion on ordinances, both (17) Organise regular lectures, programmes, or
penal and non-penal, and resolutions that affect minors fora on community problems such as sanitation,
in respondent cities and barangays and thereafter, an nutrition, literacy, and drug abuse, and convene
analysis of said laws. assemblies to encourage citizen participation in
government;
(18) Adopt measures to prevent and control the

Background
proliferation of squatters and mendicants in the
For national laws of general applicability, legislative barangay;
power is vested in the Congress of the Philippines,
which consists of the Senate and the House of Rep- (19) Provide for the proper development and wel-
resentatives. 177 fare of children in the barangay by promoting and
supporting activities for the protection and total
At the barangay level, the sangguniang barangay is the development of children, particularly those below
legislative body, composed of the barangay chair or seven years of age;
Punong Barangay as presiding officer, the seven regular
Sangguniang Barangay members elected at large and (20) Adopt measures towards the prevention and
Sangguniang Kabataan (SK; youth council) chair, as eradication of drug abuse, child abuse, and juvenile
members.178 delinquency;
In relation to their legislative functions, the Sangguni- (21) Initiate the establishment of a barangay high
ang Barangay has the following powers:179 school, whenever feasible, in accordance with law;
(1) Enact ordinances as may be necessary to dis (22) Provide for the establishment of a non-formal
charge the responsibilities conferred upon it by law education centre in the barangay whenever feasible,
in coordination with the Department of Education,

Culture and Sports; disorder, riot, violence, rebellion or sedition

and impose penalties for the violation of said
xxx ordinances;
(24) Exercise such other powers and perform such (iii) Approve ordinances imposing a fine not
other duties and functions as may be prescribed by exceeding Five thousand pesos (P5, 000.00) or
law or ordinance. an imprisonment for a period not exceeding one
(1) year, or both in the discretion of the Court,
At the city level, legislative power is exercised by the
for the violation of a city ordinance;
Sangguniang Panglungsod (city council),180 which is
composed of the city vice-mayor as presiding officer, xxx
the regular Sanggunian members, the president of the
city chapter of the Liga ng mga Barangay (league of (v) Enact ordinances intended to prevent,
barangays), the president of the Panglungsod na Ped- suppress and impose appropriate penalties
erasyon ng mga Sangguniang Kabataan (city federation for habitual drunkenness in public places,
of youth councils), and the sectoral representatives, vagrancy, mendicancy, prostitution, establish-
as members. Also represented are three sectoral repre- ment and maintenance of houses of ill repute,
sentatives from the women, agricultural or industrial gambling and other prohibited games of chance,
workers; and from the other sectors, including the fraudulent devices and ways to obtain money or
urban poor, indigenous cultural communities or dis- property, drug addiction, maintenance of drug
abled persons.181 dens, drug pushing, juvenile delinquency, the
printing, distribution or exhibition of obscene
As the legislative body of the city, the Sangguniang or pornographic materials or publications, and
Panglungsod has the powers to “enact ordinances, such other activities inimical to the welfare and
approve resolutions and appropriate funds for the morals of the inhabitants of the city;
general welfare of the city and its inhabitants … and
in the proper exercise of the corporate powers of the xxx
city … shall:
(4) Regulate activities relative to the use of land,
(1) Approve ordinances and pass resolutions neces- buildings and structures within the city in order to
sary for an efficient and effective city government, promote the general welfare and for said purpose
and in this connection, shall: shall:
(i) Review all ordinances approved by the Sang- (i) Declare, prevent or abate any nuisance;
guniang Barangay and executive orders issued by
the Punong Barangay to determine whether these xxx
are within the scope of the prescribed powers of
(iv) Regulate the establishment, operation and
the Sanggunian and of the Punong Barangay;
cafes, restaurants, beerhouses, hotels, motels,
(ii) Maintain peace and order by enacting inns, pension houses, lodging houses, and other
measures to prevent and suppress lawlessness, similar establishments, including tourist guides
and transports;
Chapter 5 • City and Barangay Ordinances and Resolutions 49

(v) Regulate the sale, giving away or dispens- (xi) Establish a scholarship fund for the poor
ing of any intoxicating malt, vino, mixed or but deserving students in schools located within
fermented liquors at any retail outlet; its jurisdiction or for students residing within
the city;
xxx
xxx
(vii) Regulate the establishment, operation,
and maintenance of any entertainment or (xiv) Provide for the care of disabled persons,
amusement facilities, including theatrical paupers, the aged, the sick, persons of unsound
performances, circuses, billiard pools, public mind, abandoned minors, juvenile delinquents,
dancing schools, public dance halls, sauna baths, drug dependents, abused children and other
massage parlors, and other places for entertain- needy and disadvantaged persons, particularly
ment or amusement; regulate such other events children and youth below eighteen (18) years
or activities for amusement or entertainment, of age; and, subject to availability of funds,
particularly those which tend to disturb the establish and provide for the operation of centers
community or annoy the inhabitants, or require and facilities for said needy and disadvantaged
the suspension or suppression of the same; or, persons;
prohibit certain forms of amusement or enter-
tainment in order to protect the social and moral (xv) Establish and provide for the maintenance
welfare of the community; and improvement of jails and detention centers,
institute a sound jail management, and appro-
xxx priate funds for the subsistence of detainees and
convicted prisoners in the city.
(5) Approve ordinances, which shall ensure the
efficient and effective delivery of the basic services
and facilities as provided for under Section 17 of Since the project covered both ordinances and resolu-
this Code, and in addition to said services and tions, it is pertinent to present the distinction between
facilities, shall: the two. The purpose of an ordinance is to permanently
direct and control matters applying to persons or things
xxx in general while resolutions are merely expressive of
opinions of a legislature and which only have a tempo-
(x) Subject to the availability of funds and to rary effect.182 A resolution may merely be an expression
existing laws, rules and regulations, establish of intent but in order to become effectual, it must be
and provide for the operation of vocational and expressed by legislative enactment, which is through
technical schools and similar post-secondary an ordinance.183
institutions and, with the approval of the De-
partment of Education, Culture and Sports and
subject to existing law on tuition fees, fix and
collect reasonable tuition fees and other school
charges in educational institutions supported by
the city government;

Overview of Legislative Measures or peddling of the following industrial or commercial

adhesives, solvents and other related volatile substances
For most of the respondent cities, penal legislation used in solvent abuse, to minors:
outnumbers the non-penal ordinances and resolu-
tions that affect children in their respective territorial (a) Construction supplies/hardware stores – rub-
jurisdictions. ber or contact cement, instant glue, industrial
solvents used as adhesives and paint or lacquer
Certain ordinances that are penal in nature are com- thinner;
mon among most of the respondent cities. These
(b) Drugstores – acetone, instant glue;
are local legislation on the imposition of curfew, the
restrictions on the sale and use of cigarettes, the dis- (c) Chemical blishments – industrial solvent used as
pensation of liquor to minors, and the prohibition of adhesives;
vandalism. (d) Cosmetic and beauty stores – nail polish and
acetone;
Other significant ordinances and resolutions deal with
(e) Department stores, especially those with cosmetic
the prevalent problems of drugs and prostitution, while
and/or hardware sections and drugstores – same
the rest of the ordinances, most of which are non-penal
as in a, b, and d.186
in nature, deal with the appropriation of funds for the
supposed promotion of youth-related concerns.
It is likewise unlawful for any minor to buy the
above-enumerated volatile substances used in solvent
PENAL ORDINANCES abuse.187
MANILA The owners and/or managers of the establishments are

Of the select ordinances of the City of Manila affecting further required to post warning signs in every entry
minors, 13 are penal ordinances, while 3 are non-pe- point, window and other conspicuous places within
nal in nature. The penal ordinances, most of which their business premises, which read as follows:
are often found to be violated by children, govern
All minors are prohibited from buying
matters such as vandalism, curfew and prostitution,
(indicating all items corresponding to the estab-
among others.
lishment as listed in the Ordinance) in this store
Abuse of solvents and volatile substances as provided for by ordinance no. 7918 of the
city of manila.188
The City Government of Manila prohibits the sale, or
causing the sale or peddling of industrial or commer- Any person who violates this ordinance shall, upon
cial adhesives, solvents and other volatile substances conviction, be punished as follows:
to minors184 in line with its policy to address the issue
of “solvent abuse” and to contain the same to protect (a) If violators are minors – they shall be treated as
minors against its destructive influence.185 youthful offenders qualified under the Child and
Youth Welfare Code;189
Within the City of Manila, any person or manager/ (b) If violators are owners or managers of establish-
owner of business establishments specified in the or- ments enumerated in the Ordinance – they shall
dinance is prohibited from selling, or causing the sale

be punished by a Fine of Five thousand pesos (P5, venile, and admonition to the offender’s parent,
000.00) or imprisonment of one (1) year, or both guardian or person exercising parental authority;
such fine and imprisonment, at the discretion of (b) If the offender is above 15 years and under 18 years
the Court.190 of age –
(1) First offense – Reprimand and Admonition;
Curfew Hours
(2) Second offense – Reprimand and Admonition, and
Most recent of Manila’s approved city ordinances are
a warning about the legal impositions in case of a
the revival of the curfew system191 and the declaration
third and subsequent violation; and
of Barangay Curfew Hours192 from 10pm to 4am the
following day. During these hours, minors are not (3) Third and subsequent offenses – Imprisonment
allowed in public places or any other area outside the of one (1) day to ten (10) days, or a Fine of Two
immediate vicinity of their residence.193 thousand pesos (P2,000.00), or both at the discre-
tion of the Court.196
The following minors are, however, exempted from
the curfew: A Barangay Curfew Advisory Board (the “Board”)
created under this ordinance assumes the following
(a) Those accompanied by their parents, family mem- powers and responsibilities:
bers of legal age, or guardian;
(b) Those running lawful errands such as buying of (a) To impose the sanctions provided under the or-
medicines, using of telecommunication facilities dinance, except the penalty of imprisonment and
for emergency purposes and the like; fine for the commission of a third and subsequent
offenses;
(c) Students of night schools;
(b) To commit an offender to the custody only of the
(d) Those who, by virtue of their employment, are re-
parent, guardian or person exercising parental
quired to stay in the street or outside their residence
authority;
after 10pm; and
(c) To decide on the advisability of immediately refer-
(e) Those working at night.194
ring an offender who is found homeless, abandoned
or neglected or has no known parent, relative, or
Minors falling under the last three categories enumer-
guardian residing in the City, to the custody/care
ated above are required to secure a Certification from
of the Manila Youth Reception Center of the City
their Punong Barangay exempting them from the
Department of Social Welfare; or to impose the
coverage of the ordinance, or present documentation
applicable sanction provided under the Ordinance,
or identification proving their qualification under any
if the Board finds that the best interest of the public,
such category.195
as well as that of the offender will be best served
In the event of a violation of this ordinance, the fol- by doing so.
lowing sanctions shall be imposed: (d) To furnish the Sangguniang Kabataan Chair-
persons a copy of the Apprehension Report for
(a) If the offender is 15 years of age and below – the monitoring purposes.197
sanction shall consist of a reprimand for the ju-

The ordinance provides the guidelines that shall be (b) Second offence – they will be required to render
followed after the child is apprehended: community services in their respective Barangay;
(c) Third offence - they will be brought to the Juvenile
(a) The apprehended juvenile found in violation of the
Court in Arroceros Street, Manila for the final
Ordinance shall be held for not more than three (3)
judgment of the Court.
hours at the Barangay Hall or Holding Center.
(b) Without unnecessary delay, the apprehending Resolution No. 1 S-2002200 was also issued directing
official shall notify the Board that shall, in turn, all concerned barangay officials in Zone 55, District
immediately inform either the parent, or relative, IV, and Manila to take all necessary steps to combat
or guardian, of the fact of apprehension. criminality, including the imposition of curfew in their
(c) Apprehended violators residing in other barangays respective areas. Said resolution covers 14 barangays
shall be referred immediately to the Punong Ba- in Manila.
rangay of the juvenile offender’s place of residence,
Indecent exposure and disorderly behaviour
upon whom falls the responsibility for the proper
action as if he made the apprehension. Indecent exposure is addressed by Ordinance No.
7732201 as it declares unlawful for any person to:
(d) An offender who resides in a barangay outside the
territorial jurisdiction of the City of Manila shall (a) Appear, or cause to appear, outside the immediate
be held for not more than six (6) hours and, shall be vicinity of any night/day entertainment spot in the
referred immediately to the Board of the barangay City of Manila in any indecent or lewd dress;
where the apprehension was made.
(b) Make any indecent exposure of one’s person; or
(e) An offender who is homeless, abandoned or neglect-
(c) Conduct oneself in disorderly behaviour.202
ed or has no known parent, relative, or guardian
in the City shall be referred, without unnecessary
“Indecent exposure” is dressing in lewd attire that is not
delay, within twelve (12) hours or at the earliest
in consonance with the customs and traditions of the
office hours from the time of apprehension, which-
people, and which would invite/induce the public to
ever comes first, to the custody/care of the Manila
sexual pleasure, or entice them to offensive and scandal-
Youth Reception Center of the City Department of
ous behaviour. It also includes urinating outside or in
Social Welfare.198
the immediate vicinity of the establishment.203
In 2002, Barangay Zone 74 in Manila also enacted “Disorderly Behavior,” on the other hand, refers to a
Resolution No. 1 S-2002,199 which provides for the drunken, boisterous, rude or indecent manner.204
implementation of curfew hours from 10pm to 5am
for minors 17 years old and below. It provides the fol- Any person found violating this Ordinance, shall,
lowing guidelines for violators: upon conviction, be punished by a fine not more than
Php200 (around US$ 3.60) or by imprisonment of not
(a) First offence – their name will be recorded in the more than six months, or both such fine and imprison-
Barangay record or at the police precinct in the ment at the discretion of the Court.205
vicinity;

Kite Flying (c) Tends to corrupt or deprave the human mind,

Barangay 67 in Manila issued Resolution No. 018- (d) Is calculated to excite impure imagination or arouse
10-97 requesting the Commission of City of Manila, prurient interest,
through the Metro Manila Barangay Operation Center
(e) Is unfit to be seen or hear, or
and the Manila Council, to ban kite flying in the ju-
risdiction of Barangay 67, Zone 6. The Sangguniang (f ) Violates the proprieties of language or behavior.207
Barangay of Barangay 67 Zone 6 passed a resolution
for areas covered by Barangay 67, Zone 6 that prohibits “Pornography” is understood under this ordinance
kite-flying. A person who violates this resolution is as objects or subjects of photography, movies, mu-
punished through the following means: sic records, video and VHS (video home system, or
video casette) tapes, laser discs, billboards, television,
(a) First offence – offender shall be brought to the magazines, newspapers, tabloids, comics and live shows
Barangay Hall; calculated to excite or stimulate sexual drive or impure
(b) Second offence – parents/guardian of the offender imagination, regardless of motive. This includes, but
shall be informed; is not limited to, the following:
(c) Third offence – offender shall pay a fine of (a) Performing live sexual acts in whatever form;
Php200. (b) Those other than live performances showing, depict-
ing or describing sexual cacts;
Pornography
(c) Those showing, depicting or describing children in
The problems of obscenity and pornography are ad- sex acts;
dressed by the ordinance penalising:
(d) Those showing, depicting or describing completely
(a) The printing, publishing, distribution, circulation, nude human body, or showing, depicting or de-
sale and exhibition of obscene and pornographic scribing the human sexual organs or the female
acts and materials; and breasts.208
(b) The production, public showing and viewing of
Any person violating this ordinance shall be punished
video and VHS tapes, laser discs, theatrical or stage
as follows:
and other live performances and private showing
for public consumption, whether for free or for a (a) For the printing, publishing, distribution or cir-
fee, of pornographic pictures.206 culation of obscene or pornographic materials; the
production or showing of obscene movies, televi-
An act or material is considered “obscene,” regardless of sion shows, stage and other live performances; for
the motive of the printer, publisher, seller, distributor, producing or renting obscene video and VHS tapes,
performer or author, if it: laser discs, for viewing obscene movies, television
shows, video and VHS tapes, and laser discs or stage
(a) Is indecent, erotic, lewd or offensive,
and other live performances – imprisonment of one
(b) Is contrary to morals, good customs or religious (1) year or fine of five thousand pesos (P5,000.00),
beliefs, principles or doctrines, or both, at the discretion of the Court

(b) For selling obscene or pornographic materials (a) Pay a Fine of not more than Two thousand five
– imprisonment of not less than six (6) months nor hundred pesos (Php2,500) or;
more than one (1) year or a fine of not less than (b) Suffer imprisonment not more than six (6) months,
one thousand pesos (P1,000.00), nor more than or;
three thousand pesos (P3,000.00)
(c) Both such fine and imprisonment, at the discretion
If the offender is a minor and is unable to pay the fine, of the Court.215
the juvenile’s parents or guardian shall be liable to pay
such fine.209 Tobacco sale and use
In its effort to promote and protect the physical well-
Prostitution
being and health, safety and general welfare of its youth
The City of Manila, believing prostitution to be a so- residents, the City Government of Manila passed the
cial menace,210 declares the following unlawful under “Smoke Ban to Minors” Ordinance.216 Under this or-
Ordinance No. 7791 for any person: dinance, all minors below 18 years old are prohibited
from smoking cigarettes, cigars and other tobacco
(a) To have sexual relations with a prostitute for some
products, whether or not they are in the company of
consideration including payment but not limited
their parents, guardians, elders or relatives who are not
to sums of money;
otherwise covered by this prohibition.217
(b) To solicit, procure, pimp or pander;
(c) To act as a middle person or go-between for a third The following sanctions shall be imposed on violators
person and a prostitute in any place in the City of of this Smoke Ban Ordinance:
Manila for purposes of prostitution.211 (a) First conviction – Four (4) hours of Commu-
nity Services to the City Government under the
Under this ordinance, “prostitution” refers to the act of
supervision of the Youth Development and Welfare
habitually engaging in sexual relations with persons for
Bureau.
certain considerations including payment not limited
to sums of money.212 A “prostitute” is a person who (b) Second conviction – The penalty imposed for first
habitually engages in sexual relations with another conviction shall be extended to eight (8) hours of
person for profit, gain or fee.213 Community Service.
(c) Third and subsequent conviction – A Fine of not
The fine of Php5,000 or imprisonment of one (1) less than Five hundred pesos (Php500.00), or six-
year, or both such fine and imprisonment at the teen (16) hours Community Service, or both.218
Court’s discretion shall be imposed on violators of
this ordinance. The violator, if a foreigner shall also Two other ordinances, apparently intended to penalise
be subject to deportation upon the determination of adults instead of juvenile offenders, are also presently
proper authorities.214 enforced to protect the youth from the hazards of
smoking.
However, if the violator is a minor who is between 10
and 17 years old, the juvenile offender shall:

City Ordinance No. 7842219 prohibits the sale, transfer Exceptions under this ordinance are the following:
or conveyance of possession or ownership of cigarettes
and cigarette paraphernalia to minors. Any violation of (a) When done with the consent and authority of the
this ordinance shall merit the following sanctions: owner, with respect to privately-owned property,
or
(a) First Offense – Fine of Two hundred pesos (b) When duly authorized by the Mayor, with respect
(P200.00); to public property.227
(b) Second Offense – Fine of Five hundred pesos
(P500.00); A person found violating the Anti-Vandalism Law of
(c) Third Offense – One thousand pesos (P1,000.00) Manila shall, upon conviction, be punished by:
or imprisonment for six (6) months, or both
(a) A fine of not less than One thousand pesos
fine and imprisonment, at the discretion of the
(P1,000.00) but not more than Five thousand
Court.220 pesos (P5, 000.00), or
Also, Ordinance No. 7952221 declares it unlawful for (b) Imprisonment of not less than six (6) months nor
any person, owner, operator, administrator, manager more than one (1) year, or
or person-in-charge of operation of restaurants, eateries (c) Both fine and imprisonment at the discretion of
and other establishments to allow children below 18 the Court.228
years of age to loiter, stay or be seated at designated
smoking areas within subject establishments.222 The Other penal laws intended to protect the youth
same persons are also directed to display, in con-
A few other ordinances are apparently intended not to
spicuous places within the establishments, signboards
penalise minors but to consider certain acts of persons,
bearing the above prohibition.223 Violators shall be
particularly adults, to be criminal in order to protect
punished, upon conviction, by a fine of Php5,000 or
minors.
imprisonment of 60 days and a repeated violation shall
constitute sufficient ground for the outright cancella- In August 1997, the City of Manila passed a contro-
tion/revocation of business permit.224 versial ordinance229 allowing the public identification
of known or confirmed drug lords, drug pushers, drug
Vandalism
peddlers or brokers and protectors, gambling lords
The Anti-Vandalism Law225 of the City of Manila and protectors and other known criminal elements.
declares unlawful for any person to deface or cause This ordinance, premised principally on the doctrine
to deface the walls, sidings, partitions, fences, gates, of parens patriae (parents of the country) and the local
doors or window panes of buildings, edifices, houses government’s power arising from the General Welfare
or structures, whether public or private, or any other Clause230 of the Local Government Code is intended
public property (eg. lamp posts, street signs, streets, to penalise not children but criminal elements that are
sidewalks). The act of defacing may be done through identified to be threats to the health, development and
painting, writing, scribbling, scrawling, drawing, well-being of the youth.231
smearing, colouring, stamping or inscribing.226

During the same month and year, Ordinance No. (a) First offence – confiscation of Pellet Gun/Toy Gun
7929232 was passed prohibiting theatre owners or and/or watusi pyrotechnics.
operators in the City of Manila from showing movie (b) Second offence – call the attention of the par-
trailers of films with R (Restricted) and PG (Parental ent/guardian concerned and issue corresponding
Guidance) classifications during intermissions/breaks admonition regarding further commission of the
on the duration of playdates of a GP (General Patron- offence.
age) movie.233 Violators shall be fined Php5,000 or
(c) Third offence – imposition of whatever legal ac-
imprisoned for not more than 30 days, or both, at the
tion, which maybe commensurate to the offence
discretion of the Court. In case of juridical persons, the
involved particularly when there is an aggrieved
penalty shall be imposed on the President or General
party. This will include the person selling the
Manager of such establishment.234
items.
QUEZON CITY
Street children
The Quezon City Child and Youth Welfare Ordi-
The Quezon City Child and Youth Welfare Ordinance
nance235 contains several penal provisions that are
specifically declares penal certain acts and activities for
intended for minors or for persons who commit acts
street children. These are:
that prejudice or tend to prejudice minors. These provi-
sions address the problems of cigarettes, liquor, video (a) Loitering within the Quezon City streets if the
games, begging and drug trafficking, among others. child is below 12 years old;
Cigarettes and Liquor (b) Selling sampaguita leis,241 cigarettes, newspapers,
and other products or commercial items in the
Within the Quezon City area, the sale of any brand
Quezon City streets;
of cigarettes or of any kind of liquor or intoxicating
drinks to minors is strictly prohibited.236 The ordinance (c) Begging, sniffing rugby242 and other solvent
does not provide penalties for minors who are found products, pickpocketing, and doing other illegal
to purchase cigarettes and liquor. Instead, penalties are activities.243
imposed on the manufacturer, wholesaler or retailer
found to be selling cigarettes or liquor to minors.237 Street children falling under the last two categories,
The person who is found violating this prohibition shall upon apprehension, shall be brought immediately to
be penalised with a minimum imprisonment term of the Reception and Action Center of the Social Services
30 days to a maximum term of imprisonment of 60 and Development Department (SSDD) including
days, or a fine of Php5,000, or both, at the Court’s mendicants and the socially disadvantaged group pend-
discretion.238 ing the establishment of the Quezon City Center for
Child and Youth Development.244 The apprehending
Guns officer has the obligation to notify the child’s parents
Barangay Masambong issued Ordinance No. 6, series or guardian of the child’s whereabouts.245
of 1999239 banning the use of pellet guns, toy guns and
For the commission of the above acts or activities,
watusi240 pyrotechnics. Specifically prohibited are the
the following penalties are imposed by the said ordi-
use and sale of said items. The ordinance provides the
nance:
following penalties:

(a) Same penalties provided under the Revised Penal (a) Play video machines found in amusement centers,
Code and the Dangerous Drugs Act. malls and other similar establishments in QC dur-
(b) The penalty of imprisonment is also provided for any ing school hours from 8am to 5pm, Mondays to
person found guilty of coercing, forcing or intimidat- Fridays.249
ing a street child or any other child to: (b) Play video game machines and other similar equip-
(1) Beg or use begging as a means of living; ment at the above mentioned establishments during
weekends if outside the time period of 8am to 8pm,
(2) Act as middleman in drug-trafficking or drug
and weekdays if beyond the time period of 5pm to
pushing; or
8pm.250
(3) Conduct any illegal activities.246 Parents or guard-
(c) Play video games that are not rated as non-violent
ians who are found to be grossly negligent in the
games under the category of sports, adventure, racing,
performance of the duty imposed on them by the
flight simulator and the like during the hours/days
ordinance shall be punished as follows:
allowed in the ordinance, if the minor is below
(a) First offense – Admonition by the SSDD. fourteen (14) years old.251
(b) Second offense – Counseling by the SSDD (d) Play violent and ultra-violent video games during
and with a notice of the imposition of crimi- the hours/days allowed in the ordinance, if the minor
nal liability for subsequent apprehension. is fifteen (15) to eighteen (18) years of age.252
(c) Third and final offense – The filing by any
responsible person of appropriate criminal As in the case of the prohibition on the sale of cigarettes
charges against the parent or guardian of the and liquor, there are no penalties for minors in the
minor who shall be punished with a fine of event that they do not abide by the above guidelines.
Five hundred pesos (P500.00), or imprison- Instead, penalties are imposed on the operator, owners,
ment of not more than ten (10) days, or both, seller or distributor of the video games:
at the Court’s discretion.247
(a) First offense – Fine of two thousand pesos
Consistent with national laws, the ordinance explicitly (Php2,000) or an imprisonment of not more than
four (4) months at the discretion of the Court.
states that a child nine years of age or under at the time
of the violation shall be exempt from liability. It adds (b) Second offense – Fine of three thousand pesos
further that it shall be the parent or guardian concerned (Php3,000) with an imprisonment of not more than
who shall be held liable for the offence committed by six (6) months, at the discretion of the Court.
said child.248 (c) Third offense – Fine of five thousand pesos
(Php5,000) with an imprisonment of not more
Video Games
than twelve (12) months, at the Court’s discretion,
Quezon City’s Child and Youth Welfare Ordinance including the confiscation or destruction of video
enumerates at length the guidelines governing the machines and other related paraphernalia, and
prohibition on minors to play video game machines at the automatic cancellation/ revocation of business
particular times of the day and the week. Under Article permits or licenses.253
V of the said ordinance, minors are prohibited to:

Curfew (b) Second offense – the minor shall be brought to the

Barangay Pinyahan in Quezon City enacted Ordinance barangay hall for questioning and blotter and shall
No. 4, S-2002 imposing curfew hours on minors from be penalized by rendering one (1) day public service
10pm until 4am the following day. The ordinance without any compensation by the Barangay.
provides the following conditions: (c) Third offense – he/she shall be temporarily detained
at the Barangay not more than six (6) hours and the
Except for adults, it shall be unlawful for any person to
offending minor shall be turned over to the nearest
make display in public and cause disturbance on the
police precinct for proper disciplinary action in ac-
peace of the other person through the following acts:
cordance with existing laws, rules and regulation or
(a) Drinking and dancing in public display without any ordinances of the city, like vagrancy, etc.
reason to celebrate such as birthday party, wedding
celebration and the like. On the other hand, Barangay Masambong issued
(b) Prolonged stay outside his or her residential abode. Resolution No. 07-99 strongly urging parents of mi-
nors to control and/or regulate the movements of their
(c) Leisurely walk on the streets of the barangay without
children after 12mn and before 4am.254
valid reason or purpose.
Exempted from this curfew hours are students at- CALOOCAN CITY
tending night classes with proper ID but not beyond Compared to other respondent cities, Caloocan City
12mn, minors in the company of parents or guardians has principally only two ordinances concerning minors,
and where minors upon verification came from par- both of which refer to the Night Time Ban Policy for
ties, graduation ceremonies, extra curricular activities minors aged 17 years old and below.
in school where their attendance is indispensable and
minors who cannot go home due to circumstances Under Ordinance No. 0247255 as amended by Or-
beyond their control and those working during night dinance No. 0259256 (Series of 1998), “Caloocan
time. youngsters” aged 17 and below are banned from the
streets during night time, from 10pm to 4am the
Ordinance No. 4, S-2002 imposes the following following day.257 This night time ban, however, has
penalties: exemptions:
(a) First offense – the apprehending authority shall (a) Occupational exemptions – includes students who
take custody of the offending minor at the barangay are enrolled in night classes and night-shift young
hall, blotter the incident for record purposes by the workers.
Barangay Tanod/Barangay Security and Develop-
(b) Incidental exemptions – includes minors:
ment Office (BSDO) which shall in turn inform
the parents or guardian of the minor, that said (1) Accompanied by their elders;
minor was apprehended for violation of Barangay (2) Procuring medicine;
Ordinance on curfew, said minor shall be turned (3) Performing tasks under the direct supervision of
over to his/her parents with stern warning not to their elders, brothers/sisters aged eighteen (18)
repeat same violation. and above, and persons having parental author-
ity over the minor/s; and

(4) Involved in accidents, disasters and the like. (f ) Immediately upon arrest, the offender shall be
(c) Occasional exemptions – that is, during Christmas turned over by the apprehending official to the
Eve and Christmas Day, New Year’s Eve and Day, Barangay Chair of the barangay where the violator
Town Fiesta, All Saints Day, Holy Thursday, Good resides for proper case disposition.
Friday, Black Saturday, and Easter Sunday.258 (g) No penalties shall be posted or paid to any ar-
resting official except to the Barangay Treasurer
In the event a juvenile commits an infraction of these of the barangay where the violator dwells.
curfew ordinances, the following penalties shall be (h) In cases where the offender is a non-resident of
imposed: the City, the violator shall be turned over to the
(a) First Offense – Reprimand and Guardian/ Parental concerned Barangay Captain who exercises politi-
Summon; cal and territorial jurisdiction where the violation
and apprehension transpired.
(b) Second Offense – Guardian / Parental Fine of
Three hundred pesos (P300.00) for negligence; (i) Arrests should be done in a cordial, humane and
civil manner.
(c) Third Offense – Guardian / Parental Fine of Five
hundred pesos (P500.00) for negligence; (j) Policy implementors are strictly prohibited from
inflicting physical and psychological harm to the
(d) Fourth and succeeding offenses – Conscription of offender, before, during and after the violation or
the juvenile offender to Social Welfare entities.259 commission of the offense.
It is worthy to note that the night-time ban amendatory (k) The doctrine of hot pursuit and the extradition
ordinance specifies the policy implementing procedures principle also applies in this Ordinance.261
intended to “institutionalise and embody the impera-
The SK Council of Barangay 46 in Caloocan issued
tive human rights safeguards and legal safety nets”260 in
Resolution No. 01 S-1997 providing curfew hours for
the apprehension of children. These so-called safeguard
those who are 18 years and below. This ordinance pro-
and safety net procedures are the following:
vides for curfew hours with the following conditions:
(a) Due process of law should always be observed by
all policy implementers at all times. (a) Minors, 18 years old and below, are strictly prohib-
ited to loiter or wander in streets or outside their
(b) Human rights and human dignity of violators residential abode and public places from 11:00 p.m.
and/or offenders shall be safeguarded by policy to 5:00 a.m. the following morning.
enforcers...shall safeguard human rights and hu-
man dignity of violators and/or offenders. (b) Exempted from this curfew are students attending
night classes, those working nighttime and minors
(c) Apprehending officials must have proper identi- in the company of parents or guardians.262
fication when executing an arrest.
(d) Arbitrary detention or solitary confinements shall The said ordinance provides the following penalties:
never be practiced nor imposed on the violator.
(a) First offense – the parent/guardian shall be in-
(e) Apprehensions can only be conducted in all
formed of the violation.
public places within the City.

(b) Second offense – the minor shall be brought to coliseum for purposes of betting or participating in
the barangay hall together with his/her parent or betting as Kristo (bet collector) and entering the ring
guardian and shall render one (1) day of community or rueda before or during the actual cockfight.267
service.
Violators shall suffer the penalty of a fine of Php 500, or
(c) Third offense – the minor shall be brought to the
an imprisonment of 30 days, or both at the discretion
barangay hall together with their parents/ guardian,
of the Court.268 It should be noted that the penalty is
will render one (1) day community service and will
imposed on operators, managers, or owners who violate
pay a fine of Two hundred pesos (P200.00).
this ordinance and not on minors.
Curfew
PASAY CITY
All minors are mandated under City Ordinance No.
The past decade is a witness to the passage of various 688269 to observe curfew hours that start at 10pm and
ordinances penalising acts that may be committed end at 4am the following day, except during the Christ-
by children or those that, if committed by adults, are mas season270 or from 16 December to 23 January of
likely to negatively affect or influence minors. Issues the following year.271
ranging from gambling to smoking to sexual abuse are
addressed by the numerous penal legislative measures The following are, however, exempted from this cur-
enacted by the City Government of Pasay. few:
Child prostitution and sexual abuse (a) Children having legitimate employment at
263
The Child Welfare Code of Pasay City provides nighttime to be certified by the employer and
sanctions for establishments or enterprises that pro- the barangay captain or at least two (2) barangay
mote, facilitate or conduct activities, constituting child council representatives;
prostitution and other sexual abuse, child trafficking (b) Students with an ID Card from school where
and other acts of child abuse.264 These establishments he/she is presently enrolled or a certification from
shall be immediately closed and be fined an amount the barangay captain;
of Php5,000 (around US$90) with the permanent (c) Children who do not have known parents but
cancellation of their authority or license to operate, have a DSWD certification;
without prejudice to the persons responsible from
being persecuted under RA 7610 or the “Special (d) Children in transit who are accompanied by
Protection against Child Abuse, Exploitation and parents; and
Discrimination Act.”265 (e) Children who are sent on errands in emergency
cases.272
Cockfighting
In an effort to discourage minors from engaging in Children who violate the mandated curfew hours shall
gambling and betting, the entrance of minors in the be given the following sanctions:
City Cockpit Coliseum is prohibited under Ordinance
No. 290.266 Under this ordinance, operators, manag- (a) First offense – to be blottered or recorded in the
ers and owners of the Pasay City Cockpit Coliseum barangay that has territorial jurisdiction;
are prohibited from allowing minors to enter the said

(b) Second offense – Undergo community service total- cooperate and form such fraternities and similar or-
ling at least eight (8) hours; ganisations.279
(c) Third offense - Undergo community service totaling
Those who are guilty of violating this ordinance shall be
at least forty-eight (48) hours;
punished with an imprisonment of one (1) year.280
(d) Fourth offense - Undergo or render community
service totaling at least one hundred twenty (120) Liquor and intoxicating beverages
hours and in the event of deliberate refusal, the The City Government prohibits any person from drink-
violator and his/her parents shall jointly suffer to ing any intoxicating liquor or beverage in any public
pay a fine of five hundred pesos (Php500.00).273 place, building and cemetery. Under ordinance No.
265,281 “Any person who violates any of the provision
However, in the case of children below ten years old, of this Ordinance shall be punished by imprisonment
parents or guardians shall be made responsible for the of six months and one day, or fine of Php 2, 000
acts of their children or wards. On the other hand, mi- (US$36), or both at the Court’s discretion. “282
nors with no parents or guardians are classified as “street
children” and shall be referred to the DSWD.274 Ordinance No. 1576283 declares it unlawful for any
business, amusement, or entertainment establishments,
Children caught violating the curfew hours shall im- restaurants or carinderias (small eateries and food stalls)
mediately be turned over to the custody of the City to sell, dispense or serve intoxicating liquors and bever-
Social Welfare and Development Office. They shall be ages to minors.284 Under this ordinance, there are no
released only after having attended with their respective penalties for minors. Instead, the person who shall
parents or guardians a one-day seminar on duties and violate this ordinance shall suffer 30 days imprisonment
responsibilities of children and parents conducted by or a fine of Php 5,000, or both, at the discretion of the
the same office.275 Court. In addition, the Mayor’s License or Permit of
the establishment shall be revoked.285
Fraternities
The increase in the number of fraternities and organisa- Obscenity
tions engaging in violence and rumbles, as well as the In declaring that obscene or lewd shows are “repugnant
increasing reports of fights and incidents of hazing and oppressive to the moral values” of the citizens, the
associated with such organisations, is the premise for City Government bans the exhibition of obscene or
Ordinance No. 156.276 The said ordinance principally lewd shows in all beer joints, night clubs, bars, sing-
provides that, “no persons shall engage in the recruit- along bars, theatres, entertainment places and other
ment of minors to any fraternity or other similar places of amusement in Pasay City.286
organisations, in and out of the school premises.”277
Under this ordinance, the performer, owner or person
“Fraternities and Other Organisations” refer to or- in case of a single proprietor, business enterprise or
ganisations, gangs, groups, fraternities or sororities the officers of a corporation or partnership that runs
inflicting physical, mental or psychological pain as or operates any of the stated establishments who are
part of initiation rites or engaging in violent acts.278 found to have violated the ordinance shall suffer the
“Recruitment” under said ordinance refers to any act following penalties:
of inviting, enticing or encouraging a minor to join,

(a) First offense - Two thousand five hundred pesos acquiring such tobacco products from any establish-
(P2,500.00) or an imprisonment of two months. ment within the territorial limits of Pasay City.290
(b) Second offense - Three thousand five hundred
A child who violates this ordinance by smoking, buying
pesos (P3,500.00) or an imprisonment of three (3)
or acquiring cigarettes or cigars shall be subjected to
months.
a fine of Php200.291 Should owners of business estab-
(c) Third offense - Five thousand pesos (P5,000.00) lishment violate this ordinance by allowing a minor
or an imprisonment of six (6) months or both on to buy or acquire cigarettes or cigars, a fine of Php500
the discretion of the Court. shall be imposed.292
(d) Succeeding offences - revocation of all necessary li-
Toy guns
censes and permits issued by the City Government.
The “Anti-Toy Gun Ordinance of Pasay City”293 pro-
However, under the more recently enacted Child hibits the manufacture, sale or possession of metal or
Welfare Code of Pasay City, establishments or en- plastic toy guns capable of being fired with the use of
terprises caught promoting or facilitating obscene plastic pellet bullets.294 This prohibition was legislated
publications and indecent shows shall immediately after acknowledging that children indiscriminately
be closed and fined an amount of Php5,000 with use these toys in shooting each other, which results
their license to operate permanently cancelled. This to physical injuries, and in shooting light bulbs of
penalty is without prejudice to the prosecution of the electric posts. In addition, the ordinance is a result of
establishment’s owner, manager and other personnel incidents where “unscrupulous teenagers or adults”
under RA 7610.287 have used such toys, which appear to be real guns, in
committing crimes.295
Roller skates
Compared to the four other identified cities in this The following penalties shall be imposed on any person
research, only Pasay City has an ordinance prohibiting who manufactures, sells or possesses said toy guns:
the use of national and city roads by person on roller
(a) Confiscation of the toy gun and plastic pellet bullets;
skates and skateboards.288 For violations of the said
and
ordinance, the following penalties are proscribed:
(b) If the violator is eighteen (18) years old or above,
(a) First offense - A fine of Two hundred pesos he/she shall suffer imprisonment of five (5) days or
(P200.00); a fine of One thousand pesos (P1,000.00), or both
(b) Second offense - A fine of Three hundred pesos at the Court’s discretion.296
(P300.00); The ordinance directs enforcing authorities to turn over
(c) Third offense - A fine of Five hundred pesos offenders who are children to these minors’ parents or
(P500.00).289 guardians. The authorities shall also confiscate the toy
guns and pellet bullets after recording these items in
Smoking the logbook, which shall be signed by the parents or
guardians of the children with a promise not to repeat
Recognising that a high percentage of smokers in the
the same offence.297
country are minors, all children are prohibited from
smoking cigarettes or cigars, as well as from buying or

Vandalism PARAÑAQUE CITY

In 1999, the Pasay City government enacted the There are an equal number of penal and non-penal
“Anti-Vandalism Ordinance of Pasay City”298 on the legislative measures in the City of Parañaque. The penal
premise that acts of vandalism are signs of disorder measures deal mostly with similar issues and concerns
in a community and an open and direct challenge to addressed by ordinances in other cities, except that
authorities. Parañaque is the only city among the five that has a
jaywalking ordinance. The non-penal measures, on the
“Vandalism” or “acts of vandalism,” under the ordi- other hand, principally relate to appropriation of funds
nance means: for different activities and projects that are supposedly
intended to benefit the youth.
(a) Any form of writing, scribbling, scrawling or draw-
ing with the use of paint, pentel, fountain and ball Alcoholic beverages
pens and inks or any coloring materials of any word,
The consumption or drinking of beer, wine, liquor or
sign or logo on any private or public wall fence, gate,
similar intoxicating beverages in public places is pro-
building or legitimate signs, bill boards and public
hibited under Ordinance No. 95-27.299 Public places
announcements without the written consent of the
include, but are not limited to roads, pathways, streets,
owner;
alleys, sidewalks, sports complex or grounds, parks or
(b) Any form of painting, spraying or splashing of paints, playground whether public or private, churchyards or
inks or coloring materials on any statue, bust, private school yards.300
or public wall, fence, gate, building or legitimate sign
or billboards and public announcements, without The following penal sanctions shall be imposed on any
the written consent of the owner; person found violating the above ordinance:
(c) Any form of scratching or etching with the use of
(a) First offense – Fine of not less than Five hundred
pointed or sharp object on any private or public
pesos (Php500.00) or imprisonment of not less than
wall, fence, gate, glass windows or glass show case,
five (5) days.
legitimate signs, billboards and public announce-
ments without the written consent of the owner; (b) Second offense – Fine of not less than One thousand
pesos (Php1,000.00) or imprisonment of not less
(d) Any form of pasting or posting of any campaign
than ten (10) days.
or advertising materials on any private or public
wall, fence, gate, building or legitimate signs, (c) Third and any succeeding offenses – Fine of
billboards or public announcements or remo- not less than Two thousand five hundred pesos
ving or defacing any legitimate signs, billboards or (Php2,500.00) and/or imprisonment of thirty (30)
public announcements without the written consent days, upon the discretion of the Court.301
of the owner.
Another ordinance302 seeks to penalise those who op-
erate a motor vehicle under the influence of alcohol
within the territorial jurisdiction of the City of Para-
ñaque with a Blood Alcohol Concentration of 0.06%
or more by weight of alcohol in the driver’s blood.303
Violations shall merit the following penalties:

(a) First offense – Fine of Five thousand pesos following are, however, exempted from the curfew:
(Php5,000.00) or thirty (30) days imprisonment.
(a) Those accompanied by their parents or guardians;
(b) Second offense – Fine of Five thousand pesos
(Php5,000.00) and thirty (30) days imprison- (b) Students who come from their schools and are on
ment. their way to their respective residences, and for this
purpose, students are required to bring with them
(c) Third offense – Fine of Five thousand pesos
their school identification cards and/or other means
(Php5,000.00), thirty (30) days imprisonment, and
of identification;
a recommendation by the city to the Land Transpor-
tation Office for revocation of driver’s license.304 (c) Those engaged in livelihood provided they have a
certification from the Department of Social Welfare
The sale of liquors and other intoxicating beverages to and Development, City of Parañaque Branch, upon
minors is likewise prohibited in the City of Parañaque. recommendation of the Barangay Captain wherein
Under Ordinance No. 95-18,305 all owners, sellers, or he/she resides. No fee or charge of whatever nature
agents of business or commercial establishments are shall be paid for such identification card and permit.
310
prohibited from selling liquors and other intoxicating
beverages to minors who are under 18 years old.306 The following penalties shall be imposed upon those
Penalties for violators are as follows: found guilty of violating the prescribed curfew:
(a) First offense – Fine of not less than Five hundred (a) First offense – The juvenile is reprimanded and the
pesos (Php500.00) or imprisonment of not less than parent/guardian is informed of the violation;
five (5) days.
(b) Second offense – Fine of One hundred pesos
(b) Second offense – Fine of not less than One thousand (Php100.00) or community work for two (2)
pesos (Php1,000.00) or imprisonment of not less hours;
than ten (10) days.
(c) Third offense – Fine of Two hundred pesos
(c) Third and any succeeding offenses – Fine of (Php200.00) or community work for four (4)
not less than Two thousand five hundred pesos hours;
(Php2,500.00) and/or imprisonment of thirty (30)
(d) Fourth offense – Fine of Three hundred pesos
days, upon the discretion of the Court and if the
(Php300.00) or community work for six (6)
violator be a business establishment, the clearance,
hours;
permit or license to operate granted by the Munici-
pality or Barangay shall be revoked.307 (e) Fifth and subsequent offenses – Fine of Five
hundred pesos (Php500.00) or community work
Curfew for eight (8) hours.
In the City of Parañaque, a curfew between 10 pm
The above imposed community work shall be done
to 4 am of the following day is imposed on minors
in one of the barangay offices or in any other place
below the age of 15.308 Within this period, minors are
within the barangay, which may be designated by the
prohibited to congregate, loiter, wander or be in the
Barangay Captain. The offender, with the consent of
streets, plazas, other similar public areas and uninhab-
his/her parent or guardian is given the option to pay
ited places within the territorial limits of the city.309 The

the fine or do community work, which option must overpass along Quirino, Ninoy Aquino and Dr. Ar-
be stated in writing and signed by both the minor and cadio Santos Avenues is prohibited.314 Penalties for
his/her parent or guardian.311 violation consist of fines and/or imprisonment:
The following guidelines are provided in the ordinance (a) First offense – Fine of One hundred pesos
for the proper enforcement of the curfew hours: (Php100.00) and/or one (1) day imprisonment
upon the discretion of the Court.
(a) The apprehending person or authority shall bring
(b) Second offense – Fine of Two hundred pesos
the violator to the Barangay Hall or Police station/
(Php200.00) and/or two (2) days imprisonment
sub-station, which ever is nearest, and shall at the
upon the discretion of the Court.
earliest possible time inform the Barangay Captain
(or his deputy or person in charge of the said office) (c) Third and subsequent offenses – Fine of Five
of the apprehension and other pertinent details. hundred pesos (Php500.00) and/or five (5) days
imprisonment upon the discretion of the Court.
(b) The apprehended person shall be allowed to leave
the Barangay office or Police Station after 4:00 am,
Smoking
to be accompanied by a Barangay official or Police
officer to his/her place of residence. Smoking in any public transportation is prohibited un-
der Ordinance No. 99-23 (577), or the “Smoking Ban
(c) The Barangay Chairperson shall take the necessary
in Public Utility Vehicles.”315 This ordinance provides
steps to verify if a violation actually occurred, and
that all drivers, operators and passengers are prohib-
shall impose the penalties within a reasonable time
ited from smoking cigarettes, cigars and other tobacco
but not to exceed a period of one (1) week after the
products in any form, inside public utility jeepneys,
violation was committed.
buses, taxicabs or other public utility conveyance in or
(d) In the event of a denial from the alleged violator, through the City of Parañaque.316 A violation of this
the Barangay Captain shall convene the Barangay ordinance shall merit the following fines:
Court to hear the case and determine guilt and in-
nocence. (a) First offense – Fine of Two hundred pesos
(e) No detention or deprivation of personal liberty (Php200.00).
shall be made or imposed during or after the ap- (b) Second offense – Fine of Four hundred pesos
prehension for the violation of this Ordinance, it (Php400.00).
being understood that the penalties provided in the (c) Third offense – Fine of Six hundred pesos
Ordinance shall not be considered as detention or (Php600.00).
deprivation of personal liberty, or constitute as a
(d) Fourth offense – Fine on Eight hundred pesos
criminal record.312
(Php800.00).
Jaywalking (e) Fifth offense – Fine of One thousand pesos
(Php1,000.00) or community service of sixteen
Jaywalking, often committed by children, is prohibited
(16) hours to the City Government of Parañaque
in certain thoroughfares in Parañaque. Under Ordi-
or both.317
nance No. 96-15,313 jaywalking or crossing of streets
not using the designated pedestrians lane or pedestrian

The sale of cigarettes to minors is also prohibited under dren detained in the said Bureau.323 Moreover, in 1963,
the same Parañaque Ordinance No. 95-18318 that disal- another appropriation was set aside for the construc-
lows the sale of intoxicating beverages. Said ordinance tion of a building, which will house the Juvenile and
provides that all owners, sellers, or agents of business Domestic Relations Court near the Youth Reception
or commercial establishments are prohibited from Center at Arrocerros Street, Manila.324
selling cigarettes to minors319 and shall be penalised
in the same manner when violations are committed QUEZON CITY
when liquor is sold to minors.320
The Quezon City Child and Youth Welfare Ordinance
Vandalism arguably embodies a comprehensive list of action steps
The willful and malicious destruction or defacement and programmes that may be implemented to benefit
of public or private properties or “vandalism” is pro- minors. Among the programmes that this ordinance
hibited under Ordinance No. 96-14321. The violator seeks to accomplish are the following, among others:
of this ordinance, whether a minor or an adult, shall • The creation of the Quezon City Center for Child
be given the following penalties:
and Youth Development, its policy making body, the
(a) First offense -- One (1) hour community service at appropriation of funds for its establishment.325
the Environmental Sanitation Center. • The conduct of programs such as the:
(b) Second offense – Fine of not more than One hun- (1) Periodic community dialogues;326
dred pesos (Php100.00) or imprisonment of not (2) Parent Education Congress;327
more than two (2) days or both upon discretion of
(3) Scholarships328
the Court.
• The establishment of the Early Childhood Care and
(c) Third offense – Fine of not more than Three hun-
Development Program for the care of children ages
dred pesos (Php300.00) or imprisonment of not more
0-2.
than five (5) days or both upon the discretion of the
Court. • The implementation of the Primary Health Care
Program through the Barangay Health Center.329
NON-PENAL LEGISLATIVE MEASURES • Setting up of child-friendly units in Quezon City
hospitals.330
MANILA
 The investment by the city government in the produc-
The notable non-penal ordinances in the City of Ma- tion of local literature or other relevant materials for
nila directly affecting children were enacted as early as children.331
the 60s. In 1960, an ordinance322 was passed changing
the name of the “Council for the Prevention of Juvenile Other notable non-penal legislative measures approved
Delinquency” to “Youth Welfare Council.” by the Quezon City Council are the following:
In 1962, appropriations were made for the purchase of  The creation of the Quezon City Council for the
equipment and other devices for the use of the Juvenile Protection of Children (QCCPC) that shall perform
Control Bureau of the Manila Police Department in functions such as the formulation of city plans and
notifying parents or guardians of estranged or lost chil- actions for children.332

• The City Council's adoption and expression of Children Project's Social Development Center.337
support to the Provisions of the United Nations • The creation of a Barangay Anti-Drug Abuse Coun-
Declaration on the Rights of the Child, the World cil to serve as a focal point through which various
Declaration on the Survival, Protection and Devel- organizations and individuals shall cooperatively
opment of Children, and the Rights of Girl-Child work together in the planning, implementation
Embodied at the Beijing Platform of Action for and evaluation of programs on drug prevention ef-
Women.333 fectively.338
• The establishment within the City Hall Compound • The conduct of a feasibility study on the establishment
of a Day Care Center, the “Quezon City Hall Yakap” of a shelter for street children in Pasay City.339
for children ages three (3) to six (6) of city govern-
ment employees.334 PARAÑAQUE CITY
• The establishment of the Quezon City Drug Treat- The City Government of Parañaque has passed a variety
ment and Rehabilitation Center.335 of non-penal legislative measures in the past decade.
These measures intended to benefit minors range from
PASAY CITY the extension of financial assistance to youth circles,340
In the Child Welfare Code of Pasay City336, the City the grant of authority to the Mayor to enter into a
Government has declared Pasay City as a “Child Memorandum of Agreement with a Children’s Foun-
Friendly City.” Under this Code, the City Government dation,341 to the grant of a locational clearance for the
has committed to, among others: construction of a proposed orphanage.342
• Implement the Under Six Program Framework and Most notable, however, among the non-penal legisla-
the Primary Health Care Program Framework; tive measures for the youth are the following:
• Establish a comprehensive Community Support
• The creation and establishment of a Culture, Arts
System, the Community Support System, which con-
and Music Training Center for Out-Of-School
sists of, among others, the Pasay City Child Welfare
Youth, Street Children And Other Less Privileged
Council, the Barangay Council for the Protection
Sector in the City of Parañaque;343
of Children; and
• The grant of a monthly allowance of Five Hundred
• Institutionalise Foster Homes for children with the
Pesos each for the Special Children of Parañaque
technical assistance and supervision of the Depart-
enrolled in the Special Education Program of
ment of Social Welfare and Development-NCR.
DECS;344
In addition to the Child Welfare Code, other note-
• The establishment of a Post-secondary/ Tertiary
worthy legislative measures that are non-penal in
Educational Institution of Science And Technol-
nature are:
ogy;345 and
• The grant of authority to the Mayor to enter into a • The establishment of a Half-Way Home for Drug
Memorandum of Agreement with the Department of Dependents.346
Interior and Local Government for the establishment
and maintenance of the Street and Urban Working

CALOOCAN CITY local laws provide for graduated penalties in terms of

Barangay 102 in Caloocan issued Resolution No. 6 fines and impose imprisonment only after the repeated
S-1998347 organising a Barangay Council for the Pro- commission of offences, children are still arrested and
tection of Children (BCPC). enter the criminal justice system owing to the existence
of these laws. Prescribed penalties of imprisonment
range from one day, as in the case of curfew violations
Analysis in the City of Manila and of jaywalking in the City of
Parañaque, to one year in cases wherein the Pasay City
Although the ordinances and resolutions collected Ordinance against recruitment to fraternities or the
from each respondent city and barangay by no means City of Manila Ordinance against vandalism is violated.
represent the entire profile of local laws governing The imposition of penalties of imprisonment on chil-
children, the project endeavoured to be as compre- dren under these city ordinances, however, goes against
hensive as possible. The penal legislation in the city the principle of restorative justice and reflects the local
and barangay levels, based on the laws collected, is laws’ failure to consider the needs of the community,
principally focused on penalising certain acts, whether the needs of the child and the desirability of the child’s
committed by adults or by children. The identified reintegration into and assumption of a constructive role
non-penal laws refer to children in general, with no in society.348 These laws affirm the punitive nature of
specific provision for the promotion of the rights of the criminal justice system in the Philippines, which
children in conflict with the law. These non-penal laws primarily focuses on the laws that are broken, the of-
generally provide for appropriations for facilities and fender, and the punishment provided.
equipment; financial assistance to individual persons
and institutions; cooperation with other government While fines are provided as alternative penalties, there
agencies; and establishment of sports and cultural are cases wherein the children are unable to pay such
programmes. fines, and even in cases where they are able to pay, they
still spend hours or days in the barangay holding cells,
In addition to the crimes provided in the Revised police precincts or jails. As seen in previous studies
Penal Code of the Philippines that may be commit- conducted, abuse and trauma can, and indeed happen,
ted by both adults and children, there are penal laws during the initial contact of children with the criminal
enacted at the city and barangay levels that apply to justice system in the form of arrest.349
children only, ie, violation of curfew; abuse of solvents
and volatile substances; smoking and use of tobacco; During the focus group discussion for the court and
loitering; and use of video games. Other ordinances prosecution, the imprisonment of children arrested
may apply to both adults and children, ie, roller and for the violation of ordinances was raised as an issue.
skateboarders; selling of cigarettes; selling of intoxicat- In ordinary cases, violations of city and barangay
ing beverages; selling of pornographic materials; and ordinances are within the jurisdiction of the Metro-
recruitment into fraternities. politan Trial Courts, the Municipal Trial Courts in
cities and municipalities, and the Municipal Circuit
Arrest and imprisonment. Among the crimes for Trial Courts. The applicable law is the Revised Rule
which children are arrested include violations of the on Summary Procedure.350 However, since a child
ordinances cited in this research. Although some of the

is the one charged with the violation, jurisdiction is SEC. 15 Recognisance. – Before final conviction,
automatically conferred to the Regional Trial Court all juveniles charged with offenses falling under
assigned as a Family Court pursuant to Section 5 of the Revised Rule on Summary Procedure shall be
the Family Courts Act: released on recognisance to the custody of their
parents or other suitable person who shall be respon-
SECTION 5. Jurisdiction of family Courts. – The sible for the juveniles’ appearance in court whenever
Family Courts shall have exclusive original jurisdic- required.353
tion to hear and decide the following cases:
However, the application of these provisions, in prac-
a) Criminal cases where one or more of the accused tice, depends on the Family Court judge. According
is below eighteen (18) years of age but not less than to one participant during the plenary presentation, if
nine (9) years of age but not less than nine (9) the Family Court judge is familiar with the Revised
years of age or where one or more of the victims is a Rule on Summary Procedure, having been previously
minor at the time of the commission of the offense: assigned with the Municipal Trial Court, he or she will
Provided, That if the minor is found guilty, the court apply its provisions, unlike judges who are not familiar
shall promulgate sentence and ascertain any civil with the same provisions. Children, then, may undergo
liability which the accused may have incurred. different processes for the same offence, depending on
the judge’s knowledge of the Revised Rules on Sum-
x x x 351
mary Procedure. While other children may be granted
In this case, the Rule on Summary Procedure recognisance, others may spend hours or days in jail
would still apply even though the case is with or may be required to furnish bail even if the case is
the Regional Trial Court since its provisions on covered by the Rule on Summary Procedure.
the arrest of an accused are more favourable to
Types of penalties. The range of penalties imposed in
the child:
the various ordinances is noticeably limited. The types
SEC. 16. Arrest of accused. — The Court shall not of penalties are largely limited to fines, admonition,
order the arrest of the accused except for failure community or public service, and/or imprisonment.
to appear whenever required. Release of the person This limited “catalogue” of penalties may be indicative
arrested shall be either on bail or on recognizance by of the limited knowledge that local legislators have on
a responsible citizen acceptable to the Court. a whole range of other disposition measures that may
be imposed upon erring minors, such as those provided
SEC. 17. Judgment. — Where a trial has been under Section 22 of the Rule on Juveniles in Conflict
conducted, the Court shall promulgate the judg- with the Law:
ment not later than thirty (30) days after the
termination of trial.352 SEC. 22. Diversion Programs. – The diversion pro-
gram designed by the Committee shall be distinct to
The Rule on Juveniles in Conflict with the Law each juvenile in conflict with the law limited for a
even reinforces this point: specific period. It may include any or a combination
of the following:

a) Written or oral reprimand or citation; fence.” Will cleaning the barangay hall or police station
b) Return of property; fulfil said standards? Moreover, how can restorative
justice be applied when the penalty given is community
c) Payment of the damage caused;
or public service?
d) Written or oral apology;
e) Guidance and supervision orders; Degree of penalty. A comparison of the city ordinances
seeking to penalise the same type of infraction reveals
f ) Counseling for the juvenile and his family; a remarkable difference in the nature and degree of
g) Training, seminars and lectures on (i) anger man- penalties imposed on children. In the case of curfew
agement skills; (ii) problem-solving and/or conflict ordinances, only the City of Manila imposes a penalty
resolution skills; (iii) values formation; and (iv) of imprisonment (for minors above 15 years old) in
other skills that will aid the juvenile to properly deal case of a violation of the curfew rules. A violation of
with situations that can lead to a repetition of the Ordinance No. 4086 on curfew, enacted on 14 October
offense; 2002, merits an imprisonment from one day to ten
h) Participation in available community-based pro- days, or a fine of Php2,000, or both, at the discretion
grams; of the court, for third and subsequent offences. On the
other hand, the Cities of Pasay and Parañaque merely
i) Institutional care and custody; or
impose community service to minors who violate
j) Work-detail program in the community. their respective curfew ordinances. Under Ordinance
No. 688 of Pasay City regarding curfew hours, the
Hence, there is an evident want of local legislation that maximum penalty is 120 hours of community service
reflects the State’s commitment under the UN CRC, and a fine of Php500 to be paid by the child’s parents.
Article 41, Paragraph 4, which states that: Similarly, under Ordinance No. 99-12 of the City of
Parañaque, the maximum penalty is community work
A variety of disposition measures, such as care,
for eight hours and a fine of Php500.
guidance and supervision orders; counseling; proba-
tion; foster care; education and vocational training Similarly, the Quezon City government imposes a
programmes and other alternatives to institutional penalty of public service to the child, but in the event
care shall be available to ensure that children are of a third offence, its curfew ordinance prescribes that
dealt with in a manner appropriate to their well- the minor:
being and proportionate both to their circumstances
and the offence.354 … shall be temporarily detained at the Barangay
not more than six (6) hours and the offending minor
In addition, it is not enough to merely provide for shall be turned over to the nearest police precinct
penalties, especially for ordinances applicable to for proper disciplinary action in accordance with
children in conflict with the law. Penalties such as existing laws, rules and regulations or ordinances
community or public service should be clearly defined of the city x x x355
and its parameters set. More importantly, the question
is whether the activities that constitute community or The City of Caloocan, on the other hand, imposes fines
public service are “appropriate to their well-being and against the parents or guardians of the erring minor.
proportionate both to their circumstances and the of- However, upon the commission of the fourth and

succeeding offences, the “conscription of the juvenile differ as to its application.’ It is repugnant to the con-
offender to Social Welfare entities” is prescribed. stitution in two respects: (1) it violates due process for
failure to accord persons, especially the parties targeted
While the different curfew ordinances punish the same by it, fair notice of the conduct to avoid; and (2) it
act, children arrested for their violation are treated and leaves law enforcers unbridled direction in carrying out
penalised in extremely different ways. One city imposes its provisions and becomes an arbitrary flexing of the
imprisonment, while other cities merely impose com- government muscle.”
munity service.
For instance, Barangay Masambong of Quezon City
In the same manner, violations of ordinances prohibit- issued Ordinance No. 6, series of 1999356 banning the
ing vandalism and drinking of intoxicating beverages use of pellet guns, toy guns and watusi pyrotechnics.
or liquor in public places merit varying degrees of Penalty provided for commission of a third offence is
penalties across the subject cities. In Manila, for ex- “…imposition of whatever legal action, which maybe
ample, a child who commits an act of vandalism may commensurate to the offense involved particularly
be given a penalty ranging from six months to one year when there is an aggrieved party.” The “legal action”
imprisonment under Ordinance No. 7971. However, contemplated under this ordinance is vague. What is
a minor who commits the same act of vandalism as the “legal action” contemplated in the first place?
prescribed under Ordinance No. 96-14 of the City of
Parañaque may only be directed to render a one hour In Quezon City also, Ordinance No. 4, S-2002 on
community service or in the extreme case, be penalised curfew imposes the following penalties for commission
with imprisonment ranging from two to five days. of a third offence: “…he shall be temporarily detained
at the Barangay not more than six hours and the of-
While the City of Parañaque imposes a maximum fending minor shall be turned over to the nearest police
penalty of 30 days imprisonment to minors who violate precinct for proper disciplinary action in accordance
its Ordinance No. 95-27 prohibiting the drinking of with existing laws, rules and regulation or ordinances of
alcoholic beverages in public places, the City of Pasay the city, like vagrancy, etc.” Proper disciplinary action
imposes a maximum imprisonment penalty of six is not defined. Does it include corporal punishment?
months to minors who commit the same infraction What constitutes a “proper” disciplinary action is left to
under Pasay City Ordinance No. 265. the discretion of the police officers. In this instance, its
implementation may vary from person to person. One
In the above cases, although the ordinances in different
police officer may view disciplinary action to include
cities punish the same acts, children arrested for these
corporal punishment while another may interpret it as
acts are treated differently.
admonishing the children or giving them a warning.
Question on constitutionality. There is a question as
Recommendations and interventions. In view of the
to the constitutionality of several of the ordinances.
foregoing discussion, the following forms of interven-
The Supreme Court, in the case of People vs. Nazario
tions may be done to correct existing local legislation
(GR No. L-44143, 31 August 1988), held that: “As a
where needed and to prevent the creation of local laws
rule, a statute or act may be said to be vague when it
that are disadvantageous to children in conflict with
lacks comprehensive standards that men ‘of common
the law:
intelligence must necessarily guess at its meaning and

• Training of local legislators on the pertinent inter- potent venues to learn the better practices from
national instruments (ie, UN CRC) and national cities and barangays that enact and implement
laws (ie, Child and Youth Welfare Code, Rule on more child-friendly ordinances;
Juveniles in Conflict with the Law) to ensure that • Training of Family Court judges to be familiar
ordinances to be enacted shall be consistent with with the Rules on Summary Procedure as well
the principles, policies and procedures embodied as the Rule on the Juveniles in Conflict with the
therein. This may also serve as the venue to ori- Law;
ent local legislators on the guiding principles on
• To prevent further detention and imprisonment
proper determination and graduation of penalties
of children and to ensure their uniform treat-
that take into consideration the special circum-
ment across cities and barangays, the project
stances of children;
recommends the decriminalisation of ordinances
• Training on drafting of ordinances both at the nation-wide if children commit violations; and
barangay and city level, with focus on the con-
• City and barangay officials should provide for
stitutional requirements.
alternative disposition measures to imprisonment
• Creation of venues (ie, seminars, roundtable as penalties for infractions, taking as an example
discussions), where local legislators, local city such measures under the Rule on Juveniles in
and barangay officials and child rights activists Conflict with the Law issued by the Supreme
from different cities may share experiences on the Court.
implementation of ordinances. This shall serve as

Survey of Local Ordinances in the Cities

of Caloocan, Manila, Parañaque, Pasay and
Quezon City
CITY ORDINANCES
1. Caloocan City
Table 5.1. Penal ordinances affecting children, Caloocan City
Resolution /
Title Acts Required / Prohibited Penalties
Ordinance No.
0247 s.1997 An Ordinance Implementing a City-  The “Caloocan youngsters” aged 17 and below  First offence -- Reprimand and
Wide and Homogenous Night Time are banned from the streets during nighttime, Guardian/Parental Summon
Ban Policy for Minors, Aged Seven- from ten o’clock in the evening to four o’clock  Second offence -- Guardian/Parental
teen (17) Years Old and below from in the morning (Sections 3 and 6). Fine of Php 300 for negligence
the Streets, and Providing for the
 Third offence -- Guardian/Parental
Corresponding Penalties for Violators
Fine of Php 500 for negligence
and/or Offenders Thereof
 Fourth offence - conscription of
juvenile offender/delinquent to
Social Welfare entities (Section 4)
0259 s.1998 An Ordinance Amending and Pro-  Same nighttime ban under Ordinance No. 0247  Additional provision: Same penal-
viding the Necessary Safeguards to s. 1997, but with policy exemptions: ties as the Fourth offence for the
City Ordinance No. 0247, Series of (1) Occupational exemptions juvenile delinquent or youthful
1997, Implementing a City-Wide and - students enrolled in night classes offenders commits another offence
Homogenous Night-Time Ban Policy - night-shift young workers after the Fourth one
for Minors Aged Seventeen (17) Years (2) Incidental exemptions
Old and below from the Streets, and - minors accompanied by their elders
Providing the Corresponding Penal- - minors procuring medicine
ties for Offenders and/or Violators - minors performing tasks under the direct
Thereof supervision of their elders, brothers/sis-
ters aged 18 and above, and persons having
parental authority over the minor/s
- minors involved in accidents, disasters and
the like
(3) Occasional exemptions (e.g. Christmas Eve,
Town Fiesta)
TOTAL (as of January 2003)

Penal: 2 (Ordinance No. SP 0259, S-1998 reiterates and amends Ordinance No. 0247, S-1997)
Non-penal: 0

2. City of Manila
Table 5.2. Penal ordinances affecting children, Manila City
Resolution/
Ordinance No.
Ord. No. 8046 An Ordinance Declaring the Hours  Observance by “children and youths” below 18  If the offender is 15 years of age
(14 October from 10:00 p.m. to 4:00 a.m. of the years of age of curfew hours that start at 10 and below -- reprimand for the
2002) Following Day as ‘Barangay Curfew p.m. and end at 4:00 a.m. During these hours, youth offender and admonition to
Hours’ for Children and Youths below minors are not allowed in the streets, commercial the offender’s parent, guardian or
Eighteen (18) Years of Age, Prescrib- establishments, recreation centres, malls or any person exercising parental author-
ing Penalties Therefor, and for Other other area outside the immediate vicinity of their ity
Purposes residence.  If the offender is above 15 years
 the following are exempted from the curfew: and under 18 years of age --
(a) Those accompanied by their parents, family First offence -- reprimand and ad-
members of legal age, or guardian; monition;
(b) Those running lawful errands such as buying of Second offence -- reprimand and ad-
medicines, using of telecommunication facili-
monition, and a warning about the
ties for emergency purposes and the like;
legal impositions in case of a third
(c) Students of night schools and those who, by
and subsequent violation;
virtue of their employment, are required to
stay in the street or outside their residence Third and subsequent offences --
after 10 p.m.; and imprisonment of 1 to 10 days, or a
(d) Those working at night. Fine of Php 2,000, or both, at the
discretion of the Court
 Children falling under categories (c) and (d)
shall secure a certification from their Punong
Barangay exempting them from the coverage
of the Ordinance, or present documentation/
identification proving their qualification under
any such category
Ord. No. 7971 An Ordinance Amending Ordinance  It is unlawful for any person to deface or cause  Fine of not less than Php 1,000
(29 October No. 6511, Prohibiting the Defacing, by to be defaced by painting, writing, scribbling, but not more than Php 5,000 or
1999) Painting, Writing, Scribbling, Scrawl- scrawling, drawing, smearing, colouring, stamp- imprisonment of not less than six
ing, Drawing, Smearing, Coloring, ing or inscribing, the walls, sidings, partitions, months nor more than one year or
Stamping or Inscribing of Window fences, gates, doors or window panes of buildings, both fine and imprisonment at the
Panes of Buildings, Edifices, Houses edifices, houses or structures, whether public or discretion of the Court
or Structures, Whether Public or private, lampposts, street signs, streets, sidewalks
Private, of Lampposts, Street Signs, or other public property
Streets, Sidewalks or Other Public Exceptions:
Property, with Certain Exceptions, (a) When done with the consent and authority of
and Providing Penalty for Violation the owner, with respect to privately-owned
Thereof, and for Other Purposes property, or
(“the Anti-Vandalism Law of 1999”) (b) When duly authorized by the Mayor, with
respect to public property

Resolution/
Ordinance No.
Ord. No. 7952 An Ordinance Prohibiting Any Per-  It is unlawful for any person, owner, operator,  The person, owner, operator,
(18 March 1998) son, Owner, Operator,Administrator, administrator, manager or person-in-charge of administrator, manager or per-
Manager, or Person in Charge of operation of restaurants, eateries and other son-in-charge of operation of
Operation of Restaurants, Eateries establishments to allow children below 18 years restaurants, eateries and other
and Other Similar Establishments to of age to loiter, stay or be seated at designated establishments found to violate the
Allow Children below Eighteen (18) smoking areas within subject establishments Ordinance shall be punished, upon
Years Old to Stay, Loiter or be Seated  The same persons enumerated are also directed conviction, by a fine of Php 5,000
at Designated Smoking Areas within to display, in conspicuous places within the or imprisonment of 60 days
Subject Establishments, Providing establishments, signboards bearing the above  A repeated violation shall con-
Penalties for Violation Thereof and prohibition stitute sufficient ground for the
for Other Purposes outright cancellation/revocation of
business permit
Ord. No. 7931 An Ordinance Repealing Sections

(Sept.1, 1997) 842-A and B of the Compilation of
Ordinances of the City of Manila, (REPEAL OF SECTIONS 842-A AND B OF CITY ORDINANCE
Consolidating Thereof Ordinances NOS. 2878, 2927 AND 4012 ON THE CURFEW HOURS)
Nos. 2878, 2927 and 4012, Bearing
on Curfew Hours for Minors, and for
Other Purposes
Ord. No. 7929 An Ordinance Prohibiting the Show-  Theatre owners or operators are prohibited  Fine of Php 5,000 or imprison-
(Aug.28, 1997) ing of Movie Trailers of Films with from showing movie trailers of films with R ment of not more than 30 days,
R (Restricted) and PG (Parental (Restricted) and PG (Parental Guidance) clas- or both, at the discretion of the
Guidance) Classifications During sifications during the intermissions/breaks on the Court. in case of juridical persons,
Intermissions/Breaks on the Duration duration of playdates of a GP (General Patronage) the penalty shall be imposed on
of Playdates of a GP (General Patron- movie/s in the City of Manila the President or General Manager
age) Movie/s in the City of Manila, of such establishment.
Providing Penalties Thereof

Resolution/
Ordinance No.
Ord. No. 7918 An Ordinance Prohibiting Any Person  Within the City of Manila, any person or man-  If violators are minors -- they shall
(Dec.19, 1996) or Owner/ Manager of Business ager/owner of business establishments specified be treated as youthful offenders
Establishments to Sell, or Cause the in the Ordinance is prohibited from selling, or qualified under Presidential Decree
Selling or Peddling of Industrial or causing the sale or peddling of the following No. 603 (the “Child and Youth
Commercial Adhesives, Solvents and industrial or commercial adhesives, solvents and Welfare Code”)
Other Related Volatile Substances to other related volatile substances used in solvent  If violators are owners or managers
Minors, and for Other Purposes abuse, to minors: of establishments enumerated in
(a) Construction supplies / hardware stores Sec. 3 of the Ordinance -- they shall
-- rubber or contact cement, instant glue, be punished by a fine of Php 5,000
industrial solvents used as adhesives and paint or imprisonment of one year, or
or lacquer thinner; both such fine and imprisonment,
(b) Drugstores -- acetone, instant glue; at the discretion of the Court.
(c) Chemical establishments -- industrial solvent
used as adhesives;
(d) Cosmetic and beauty stores -- nail polish and
acetone;
(e) Department stores, especially those with
cosmetic and/or hardware sections and
drugstores -- same as in a, b, and d.
 Minors below 18 years old are likewise prohib-
ited from buying the above-enumerated volatile
substances used in solvent abuse.
 The owners and/or managers of the establish-
ments are required to post in every entry point,
window and other conspicuous places within
their business premises, warning signs that bear
the pertinent prohibition for minors to buy the
volatile substances enumerated in the Ordi-
nance.
Ord. No. 7842 An Ordinance Prohibiting the Selling  The sale, transfer and/or conveying possession or  First Offence -- Fine of Php 200
(Feb.18, 1994) of Cigarettes, and Cigarette Para- ownership of cigarettes and cigarette parapher-  Second Offence -- Fine of Php
phernalia to Minors and Providing nalia to minors is prohibited 500
Penalties for Violation Thereof
 Third Offence -- Php 1,000 or
imprisonment for six months, or
both fine and imprisonment, at the

Resolution/
Ordinance No.
Ord. No. 7824 An Ordinance Prohibiting Minors  All persons below eighteen (18) years old are  First conviction -- the violator shall
(Dec.9, 1993) from Smoking Cigarettes, Cigars, and prohibited from smoking cigarettes, cigars and render four hours of community
Other Tobacco Products within the other tobacco products in any form whatsoever, services to the City Government
City of Manila whether or not they are in the company of their under the supervision of the Youth
parents, guardians, elders or relatives who are Development and Welfare Bureau
not otherwise covered by this prohibition  Second conviction -- the penalty
imposed for first conviction shall
be extended to eight hours of
community services
 Third and subsequent conviction --
a fine of not less than Five Hundred
Pesos (Php 500, or community
services of sixteen (16) hours, or
both, shall be imposed.
Ord. No. 7791 An Ordinance Prohibiting Sexual  The following are declared unlawful under the  Fine of Php 5,000 or imprisonment
(Jun. 11, 1993) Relations with, and Solicitation or Ordinance: of one year, or both such fine and
Procurement of, Prostitutes and (a) to have sexual relations with a prostitute for imprisonment at the discretion of
Other Related Acts, Providing the some consideration including payment but the Court
Penalties Therefor not limited to sums of money;  If the violator is a foreigner, he/she
(b) to solicit, procure, pimp or pander; shall, in addition to the above pen-
(c) to act as a middle person or go-between alty, be subject to deportation as
for a third person and a prostitute in any may be determined by the proper
place in the City of Manila for purposes of authorities
prostitution
 If the violator is between the ages
of 10 and 17 years, he/she shall
pay a fine of not more than Php
2,500 or suffer imprisonment of
not more than six months, or both
such fine and imprisonment, at the
Ord. No. 7780 An Ordinance Prohibiting and Pe-  The printing, publishing, distribution, circulation,  For the printing, publishing, distri-
(Feb. 19, 1993) nalizing the Printing, Publication, sale and exhibition of obscene and pornographic bution or circulation of obscene
Sale, Distribution and Exhibition of acts and materials and the production, public or pornographic materials; the
Obscene and Pornographic Acts and showing and viewing of video and VHS tapes, production or showing of obscene
Materials and the Production, Rental, laser discs, theatrical or stage and other live movies, television shows, stage
Public Showing and Viewing of Inde- performances and private showing for public and other liver performances;
cent and Immoral Movies, Television consumption, whether for free or for a fee, of for producing or renting obscene
Shows, Music Records, Video and pornographic pictures as defined in the Ordi- video and VHS tapes, laser discs, for
VHS Tapes, Laser Discs,Theatrical or nance within the City of Manila viewing obscene movies, television
Stage and Other Live Performances, shows, video and VHS tapes, and
Except Those Reviewed by the Movie, laser discs or stage and other live
Television Review and Classification performances -- imprisonment of 1
Board year or fine of Php 5,000, or both,
at the discretion of the Court
 For selling obscene or pornograph-
ic materials -- imprisonment of not
less than 6 months nor more than 1
year or a fine of not less than Php
1,000 nor more than Php 3,000

Resolution/
Ordinance No.
Ord. No. 7732 An Ordinance Prohibiting Indecent  To appear, or cause to appear, outside the im-  Upon conviction, the violator shall
(Apr. 27, 1990) Exposure and Disorderly Behaviour mediate vicinity of any night/day entertainment be punished by a fine not more
Outside the Immediate Vicinity of Any spot in the City of Manila in any indecent or lewd than Php 200 or by imprisonment
Night/Day Entertainment Spot in the dress of not more than six months, or
City of Manila; and Providing Penalty  To make any indecent exposure of one’s person both such fine and imprisonment
for Violation Thereof or conduct oneself in disorderly behaviour at the discretion of the Court
Indecent Exposure – being attired in a lewd
dress or attire that is not in consonance with
the customs and traditions of the people, and
which would invite or induce the public to sexual
pleasure, or entice them to offensive and scandal-
ous behaviour; and urinating outside or in the
immediate vicinity of the establishment.
Disorderly Behaviour – drunken, boisterous, rude
or indecent manner
Ord. No. 7695 An Ordinance Prohibiting the Dis-  All persons, natural or juridical, in the City of  Imprisonment of not more than 10
(Mar. 1, 1989) posal of Garbage, Trash, Rubbish and Manila are mandated to put their garbage, trash, days or a fine of not more than Php
Refuse in Open, Uncovered or Un- rubbish and refuse in a closed or sealed trash 500 or both upon the discretion of
sealed Container; Providing Penalty bag, sack or similar container, the same to be the Court
for Violation Thereof; and for Other closed and sealed for sanitary, orderly and proper
Purposes disposition thereof
 It is unlawful to place outside one’s residence or
establishment garbage, trash, rubbish and refuse
in an open, uncovered or unsealed container
 It is also unlawful for any person to open or
destroy the aforesaid container for the purpose
of scavenging and scattering the contents thereof
in getting the said container
Ord. No. 7926 An Ordinance Providing for the  Attempting to prevent, cover, erase or in any  Fine of Php 5,000 or imprisonment
(Aug.6, 1997) Public Identification and/or Publica- way deface the painting or inscription without for a period of one year, or both,
tion of Known and/or Confirmed any authority from the Mayor or his authorized at the discretion of the Court
Drug Lords, Drug Pushers, Drug representative
Peddlers or Brokers and Protectors, * The Ordinance provides, prescribes and authorizes
Gambling Lords and Protectors and the manner of public identification and/or publica-
Other Known Criminal Elements tion of known and/or confirmed drug lords, drug
by Painting or Inscribing with Ap- pushers, drug peddlers or brokers and protectors,
propriate Markings on Their Houses, gambling lords and protectors and other known
Residences, Walls, Gates, Fences or criminal elements
Other Premises Thereof, for the
Protection, Safety and Welfare of the
Public, Especially the Youth

Table 5.3. Non-penal ordinances affecting children, Manila City

Resolution/
Title Resolution / Action Step
Ordinance No.
Ord. No. 4728 An Ordinance Appropriating the Amount of Sixty  Appropriation of Php 60,000 for the construction of a build-
(Mar.21, 1963) Thousand Pesos (P60,000.00) to be Made Available for ing which will house the Juvenile and Domestic Relations
the Construction of a Building which will House the Court near the Youth Reception Center at Arrocerros Street,
Juvenile and Domestic Relations Court Near the Youth Manila
Reception Center at Arroceros Street, Manila
An Ordinance Appropriating the Amount of Php  Appropriation of Php 20,000 for the purchase of equipment
Ord. No. 4588 20,000.00 to be Made Available for the Purchase of and other devices for the use of the Juvenile Control Bureau
(Aug.29, 1962) Equipment and Other Devices for the Use of the Juve- of the Manila Police Department in notifying parents or
nile Control Bureau of the Manila Police Department guardians of estranged or lost children detained in the said
in Notifying Parents or Guardians of Estranged or Lost Bureau
Children Detained in the Said Bureau
Ord. No. 4728 An Ordinance Changing the Name “Council for the Pre-  Changing the name of the “Council for the Prevention of
(May 26, 1960) vention of Juvenile Delinquency” Appearing in Ordinance Juvenile Delinquency” to “Youth Welfare Council.”
No. 2950, as Amended by Ordinances Nos. 2998, 3498
and 3509, to “Youth Welfare Council.”
Table 5.4. Other ordinances affecting children, Manila City

Resolution/
Title Acts Required / Prohibited Resolution / Action Step
Ordinance No.
Ord. No. 5555 An Ordinance Prohibiting the Drink-  Drinking of liquor or any intoxicating beverage  Not indicated
ing of Liquor or Any Intoxicating in any public place, streets, in front of sari-sari
Beverage in Any Public Place, Streets, stores or establishments except for restaurants,
in Front of Sari-Sari Stores or Es- carinderia or bar with business permit.
tablishments Except for Restaurants,
Carinderia or Bar with Business
Permit.
Ord. No. 7319 An Ordinance Strictly Prohibiting  Littering in a public place  Not indicated
Littering in a Public Place
Ord. No. 7397 An Ordinance Strictly Prohibiting the  Improper disposal of garbage, paper, cigarette  Not indicated
Improper Disposal of Garbage, Paper, ashes, etc.
Cigarette ashes, Etc.
Total (as of January 2003)

Penal: 13 (Not including Ordinance No. 7931 dated 01 Sept 1997 repealing the provisions on curfew hours of earlier approved ordinances)
Non-Penal: 3
Others: 3

3. Parañaque City
Table 5.5. Penal ordinances affecting children, Parañaque City
Resolution/
Title Prohibitions Or Restriction On Children Penalties
Ordinance No.
Ord. No. 01-07 An Ordinance Penalizing Any  To operate a motor vehicle under the influence  First offence -- Fine of Php 5,000 or
(703) Series of Person Operating a Motor Ve- of alcohol within the territorial jurisdiction of 30 days imprisonment.
2001 hicle Under the Influence of the City of Parañaque with a Blood Alcohol  Second offence -- Fine of Php 5,000
Alcoholic Beverages within the Concentration of 0.06% or more by weight of and 30 days imprisonment.
Territorial Jurisdiction of the City alcohol in the driver’s blood  Third offence -- Fine of Php 5,000and
of Parañaque
30 days imprisonment and a recom-
mendation by the city to the Land
Transportation Office for revocation
of driver’s license
Ord. No. 99-23 An Ordinance Prohibiting Driv-  Drivers/operators and passengers are prohib-  First offence – Fine of Php 200
(577) Series of ers/Operators and Passengers ited from smoking cigarettes, cigars and other  Second offence – Fine of Php 400
1999 from Smoking Inside Public Util- tobacco products in any for whatsoever, inside  Third offence – Fine of Php 600
ity Jeepneys, Buses, Taxicabs or Public Utility Jeepneys, Buses, Taxicabs or other
Any Other Public Conveyance Public Utility Conveyance in or through the City  Fourth offence – Fine on Php 800
Operating in or Through the City of Parañaque  Fifth offence – Fine of Php 1,000 or com-
of Parañaque, Providing Penalties munity service of 16 hours to the City
for Violation Thereof Government of Parañaque or both
Ord. No. 99-12 An Ordinance Imposing a Curfew  A curfew is imposed on those who are below  First offence -- Violator is reprimanded
(575) Series of for All Youths below Fifteen Years the age of 15, between 10 p.m. to 4 a.m. of the and the parent/guardian is informed of
1998 of Age Between the Hours of Ten following day.These minors are prohibited within the violation;
o’clock p.m. to Four o’clock a.m., that time period to congregate, loiter, wander or  Second offence -- Fine of Php 100 or
Providing Its Exceptions and Pen- be in the streets, plazas, other similar public areas community work for two hours;
alties for Violation Thereof and uninhabited places within the territorial limits  Third offence -- Fine of Php 200 or
of the City of Parañaque
community work for four hours;
 The following are exempted from the curfew:  Fourth offence -- Fine of Php 300or
(a) Those accompanied by their parents or community work for six hours;
guardians;
(b) Students who come from their schools  Fifth and subsequent offences -- Fine of
and are on their way to their respective Php 500 or community work for eight
residences, and for this purpose, students hours
are required to bring with them their school
identification cards and/or other means of
identification;
(c) Those engaged in livelihood provided they
have a certification from the Department
of Social Welfare and Development, City of
Parañaque Branch, upon recommendation of
the Barangay Captain wherein he/she resides.
No fee or charge of whatever nature shall be
paid for such identification card and permit.
Ord. No. 96-15 An Ordinance Prohibiting Jaywalk-  Jaywalking or crossing of streets not using the  First offence -- Fine of Php 100 and/or
Series of 1996 ing along Major Thoroughfares designated pedestrians lane or pedestrian over- one day imprisonment upon the discre-
within the Municipality and Pro- pass along Quirino Avenue, Ninoy Aquino Avenue tion of the Court
viding Penalties Thereof and Dr. Arcadio Santos Avenue  Second offence -- Fine of Php 200and/
or two days imprisonment upon the
 Third and subsequent offences -- Fine
of Php 500 and/or five days impris-
onment upon the discretion of the
Court

Resolution/
Ordinance No.
Ord. No. 96-14 An Ordinance Penalizing Van-  The wilful and malicious destruction or de-  First offence -- One hour community
Series of 1996 dalism on Public and Private facement of public or private properties is service at the Environmental Sanitation
Properties prohibited Center
 Second offence -- Fine of not more
than Php 100 or imprisonment of not
more than two days or both upon
 Third offence -- Fine of not more than
Php 300 or imprisonment of not more
than five days or both upon the discre-
tion of the Court
Ord. No. 95-27 An Ordinance Prohibiting the  Consumption or drinking of beer, wine, liquor  First offence -- Fine of not less than
Series of 1995 Consumption or Drinking of or similar intoxication beverages in public places Php 500 or imprisonment of not less
Beer, Wine, Liquor or Similar as enumerated in Section 1 of the Ordinance is than five days
Intoxicating Beverages in Public prohibited  Second offence -- Fine of not less than
Places and Providing Penalty for Public places include, but are not limited to: Php 1,000 or imprisonment of not less
Violations Thereof (a) roads than 10 days
(b) pathways  Third and any succeeding offences --
(c) street Fine of not less than Php 2,500 and/or
(d) alleys imprisonment of 30 days, upon the
(e) sidewalks discretion of the Court
(f) sports complex or grounds
(g) parks or playground whether public or
private
(h) Church yards
(i) School yards
Ord. No. 95-18 An Ordinance Restricting the  All owners, sellers, and/or agents of business or  First offence -- Fine of not less than
Series of 1995 Sale of Cigarettes, Liquors and commercial establishments are prohibited from Php 500 or imprisonment of not less
Other Intoxicating Beverages by selling cigarettes and liquors and other intoxicat- than five days
Owners and/or Operators or ing beverages to minors who are under 18 years  Second offence -- Fine of not less than
Their Agents and Sellers of Busi- old Php 1,000 or imprisonment of not less
ness Establishments to Minors 17 than 10 days
Years and below
 Third and any succeeding offences
-- Fine of not less than Php 2,500
and/or imprisonment of 30 days, upon
the discretion of the Court and if the
violator be a business establishment,
the clearance, permit or license to
operate granted by the municipality
or barangay shall be revoked
Ord. No. 93-15 An Ordinance Amending Sec-  Fine of not less than Php 500 but not
Series of 1993 tion III and IV of Ordinance No. more than Php 1,000 or an imprison-
5, Series of 1961, entitled “An ment of not less than 15 days but not
Ordinance Regulating the Sale more than 30 days or both at the
and Drinking of Beer, Wine or discretion of the Court
Similar Intoxicating Liquor and
Providing Penalty for the Violation
Therefor”

Table 5.6. Non-penal ordinances affecting children, Parañaque City

Resolution/
Title Relevant Provisions/ Resolution / Action Step
Ordinance No.
Res. No. 02-33 (2677) A Resolution Extending Financial assistance  City government’s reiteration that the enhancement and growth of culture
Series of 2002 in the Amount of Three Hundred Thousand and tradition are among its highest priorities and recognition of traditional
Pesos (Php 300,000.00) to Tambo Youth Lenten activities celebrated in select barangays in the City
Circle (TYC.) Balikatan ng mga Kababaihan  Appropriation of Php 300,000 by way of support and financial assistance
ng Don Galo, Kudyapi, Philippines to the Tambo Youth Circle, Balikatan ng mga Kababaihan ng Don Galo,
Kudyapi, Philippines
Res. No. 01-47 (2530) A Resolution Authorizing the Hon. Mayor  Granting of authority to the City Mayor to sign for and in behalf of the
Series of 2001 Joey P. Marquez to Sign for and in Behalf City Government of Parañaque the Memorandum of Agreement with
of the City Government of Parañaque the Save the Children Foundation to enable the latter to reach a
the Memorandum of Agreement with the wider number of children, parent/caregivers and community members
Save the Children Foundation to Enable
the Latter to Reach a Wider Number of
Children, Parent/Caregivers and Commu-
nity Members
Ord. No. 01-03 (695) An Ordinance Creating and Establishing a  Declaration that the promotion of tourism and the development of the
Series of 2001 Culture,Arts and Music Training Center for arts are major thrusts and programs of the City Government and that
Out-of-School Youth, Street Children and the City Government gives distinct and utmost importance to projects
Other Less Privileged Sector in the City that enhance the growth of culture and artistic expressions and activities
of Parañaque that will help revitalize and reinforce the rich culture and tradition of the
City
 Recognition that the creation and establishment of a training centre shall
help realize the aims of the City Government in promoting arts and culture
and to assist training the youth in music and other art forms
 Establishment under the Office of the City Mayor the Culture, Arts and
Music Training Center for out-of-school youth, street children and other
members of the less privileged sector of the city
 Provision of funding for the operation of the Center, its program activities
and other needs, to be sources from the Social Fund of the Mayor and
donations from other sources
Res. No. 00-83 A Resolution Granting Locational Clear-  The Evaluating Committee of the City, after its inspection study and
Series of 2000 ance to Sister Phillip/Sr. Salecia for Their evaluation of the proposed project, St. Joseph’s House (Orphanage) rec-
Proposed St. Joseph House (Orphanage) ommending approval of granting a Locational Clearance for the project
Located at L-1-A-2, 1-A-3 & 1-A-4 El  Grant of the Locational Clearance to Sister Phillip/Sr. Salecia for their
Dorado Avenue, Levitown, Barangay Don proposed St. Joseph’s House (Orphanage) located at Barangay Don Bosco,
Bosco, City of Parañaque, Metro Manila City of Parañaque
Ord. No. 00-19 An Ordinance Granting a Monthly Allow-  Recognition that there are 34 children of special needs, 27 hearing-impaired
Series of 2000 ance of Five Hundred Pesos (P500.00) pupils, and 15 vision-impaired students enrolled in the Special Education
Each for the Special Children of Parañaque Program of the DECS in Parañaque City
Currently Enrolled in the Special Education  Grant of a monthly allowance of Php 500 to each special child
Program of DECS and Appropriating Funds (mentally retarded, vision and hearing impaired) enrolled in
Therefor the special education program of DECS, provided that said child
has attended 80% of his/her classes for each month pursuant to the City
Council’s power to approve ordinances that provide for the care of disable
persons and other needy and disadvantaged persons, particularly children
and youth below 18 years of age
 Recognition of the need to provide assistance to this segment of the
society as their talents could be harnessed in making them productive
and not dependent members of the community
 Appropriation of Php 500,000 from the General Fund for the above
purpose, with an yearly increment of 10% of said amount

Resolution/
Ordinance No.
Ord. No. 00-17 An Ordinance Establishing a Post-second-  Reiteration that one of the primary objectives of the City Government is
Series of 2000 ary/Tertiary Educational Institution of to reach out and offer to the youth of the city, particularly the poor but
Science and Technology and Appropriating deserving ones, a tertiary education in science and technology
Funds for the Purpose  Establishment of a Post-Secondary/Tertiary Educational Institu-
tion of science and technology, that shall admit only bonafide residents
and children of residents of Parañaque City, with priority for admission
given to graduates of public school, considering that there is no school
of higher learning specializing in science and technology in the City of
Parañaque and pursuant to the City Government’s desire to immensely
contribute in the development of professionals in the field of science and
technology to meet the rapidly growing demands of the future
 Appropriation of Php 1.2 million for Fiscal Year (FY) 2000 and Php 8.8
million for FY 2001 to cover salaries, wages and other fringe benefits for
personnel services, maintenance and other operating expenses, supplies,
materials and other educational equipment
Ord. No. 95-04 An Ordinance Regulating Financial assis-  Recognition of the need to regulate the financial assistance extended to
Series of 1995 tance Granted to Charitable Institutions different requesting charitable institutions in order to give priority to the
from Games and Amusements Tax financing of the Municipality’s (now City) projects and the settlement of
the local government’s financial obligations
 Establishment of a cap (Php 10,000) for financial assistance to
be given by the City Government to charitable institutions.
 Order that the exact amount of financial assistance to be granted to
charitable institutions shall be recommended by the City Treasurer, subject
to the approval of the City Council
Ord. No. 93-12 An Ordinance Establishing a Half-Way  Citing the student on the After Care Services from the barangay health
Series of 1993 Home for Drug Dependents to be Admin- centres, the City Council recognizes the need for an intensive after care
istered by Technical Personnel and Providing and the follow-up services to prevent the problem of relapses among
Funds Therefor those who underwent drug rehabilitation, and the imperative need for a
half-way home
 Acknowledging that the city’s willingness to extend funding support for
the establishment of the half-way facility, together with the Richmond
Foundation, the latter being responsible for the funding of all programs
and services, the equipment, supplies, among others
 Establishment of a half-way home and the statement of the fund
requirements and the counterpart appropriation coming from
the City Government
Penal: 8
Non-Penal: 8

4. Pasay City
Table 5.7. Penal ordinances affecting children, Pasay City
Resolution/
Ordinance No.
Ord. No. 2001, An Ordinance Providing for Child  Strict adherence to the provisions of “An Act  No penalties for minors. Penalties
S-2001 Survival, Development, Protection, Promoting the Salt Iodisation Nationwide” is are imposed on the salt producer,
Security and Participation and Es- required manufacturer, importer, or trader
tablishing a Comprehensive Children  Pasay City hospitals are mandated to comply with found to have violated the said
Support System in Pasay City and for the requirements of the Department of Health law
Other Purposes for a Mother-Baby Friendly Hospital  No penalties for minors. Hospitals
 Inclusion of child-friendly facilities in the pro- found to have deliberately violated
posed building plans of commercial buildings in this mandate shall be recommend-
Pasay City ed for appropriate sanctions by the
Department of Health
 The provision of Paging Booths/System in all Pasay
City shopping malls is required  Non-approval of the proposed
building plans
 No penalties for minors. Failure to
comply shall subject the offender to
a fine of Php 5,000, in addition to
the suspension of permit to oper-
ate business for one year
Ord. No. 1383, An Ordinance Prohibiting the Manu-  The manufacture, sale or possession of metal or  The person who manufactures, sells
S-1999 facture, Sale and Possession of Toy plastic toy guns capable of being fired with the or possesses said toy guns shall
Guns with Pellet Bullets in Pasay City use of plastic pellet bullets are prohibited suffer the following penalties:
and Imposing Penalties for Violation (a) Confiscation of the toy gun and
Thereof plastic pellet bullets
(b) If the violator is 18 years old
or above, he/she shall suffer
imprisonment of five days or
a fine of Php 1,000, or both at
the Court’s discretion

Resolution/
Ordinance No.
Ord. No. 1496, The Anti-Vandalism Ordinance of  Acts of vandalism, as defined under the ordinance,
S-1999 Pasay City are prohibited
 “Vandalism” or “acts of vandalism” under the
Ordinance means:
(1) Any form of writing, scribbling, scrawling or
drawing with the use of paint, pentel, foun-
tain and ball pens and inks or any colouring
materials of any word, sign or logo on any
private or public wall fence, gate, building
or legitimate signs, bill boards and public an-
nouncements without the written consent
of the owner;
(2) Any form of painting, spraying or splashing
of paints, inks or colouring materials on any
statue, bust, private or public wall, fence, gate,
building or legitimate sign or billboards and
public announcements, without the written
consent of the owner;
(3) Any form of scratching or etching with the use
of pointed or sharp object on any private or
public wall, fence, gate, glass windows or glass
show case, legitimate signs, billboards and
public announcements without the written
consent of the owner;
(4) Any form of pasting or posting of any campaign
or advertising materials on any private or
public wall, fence, gate, building or legitimate
signs, billboards or public announcements
or removing or defacing any legitimate signs,
billboards or public announcements without
the written consent of the owner;
Ord. No. 688, An Ordinance Amending Ordinance  Observance of persons below 18 years old of  First offence - to be blottered or
S-1996 No. 181 S-1992 to Read as “Ordi- curfew hours that starts at 10 p.m. and ends at recorded in the barangay which has
nance Imposing Curfew Hour to 4 a.m. territorial jurisdiction
All Persons below 18 Years of Age  The following are exempted from the curfew:  Second offence - Undergo commu-
Starting Ten (10:00) O’Clock in the (a) Children having legitimate employment at nity service totalling at least eight
Evening Up to Four (4:00) O’Clock nighttime to be certified by the employer and hours by the Barangay Captain (sic)
in the Morning of the Following Day the barangay captain or at least two barangay who has territorial jurisdiction
and Providing Penalties to Violators councilmen; over the place where the violator
Thereof (b) Students with an ID Card from school where resides
he/she is presently enrolled or a certification  Third offence - Undergo com-
from the barangay captain; munity service totalling at least 48
(c) Children who do not have known parents but hours
have a certification from the DSWD;  Fourth offence - Undergo or ren-
(d) Children in transit who are accompanied by der community service totalling at
parents; and least 120 hours and in the event of
(e) Children who are sent on errands in emer- deliberate refusal, the violator and
gency cases. his/her parents shall jointly suffer to
 The curfew is suspended from the period start- pay a fine of Php 500 (Section 5)
ing December 16 and ending January 2 of the
following year.

Resolution/
Ordinance No.
(s(Ord. No. An Ordinance Amending Ordinance  The exhibition of obscene or lewd shows are  The performer, owner or person
1545, S-1999 210 S-1993 Prohibiting the Exhibi- prohibited in all beer joints, night clubs, bars, in case of a single proprietor, busi-
tion of Lewd or Obscene Shows in karaoke bars, theatres, entertainment places and ness enterprise or the officers of a
Pasay City other places of amusement in Pasay City corporation or partnership which
runs or operates any of the stated
establishments who are found to
have violated the ordinance shall
suffer the following penalties:
(a) First offence –Php 2,500 or an
imprisonment of two months
(b) Second offence –Php 3,500,
or an imprisonment of three
months
(c) Third offence – Php 5,000 or
an imprisonment of six months
or both on the discretion of the
Court.
 Succeeding violation(s) after the
Third offence shall be the revoca-
tion of all necessary license and
permit issued by the City Govern-
ment
Ord. No. 1576, An Ordinance Regulating the Sale or  It is declared unlawful for any business, amusement,  No penalties for minors. The
S-1999 Dispensation of Intoxicating Liquors or entertainment establishments, restaurants or person who shall violate this
and Beverages to Minors carinderias to sell or dispense or serve intoxicat- Ordinance shall suffer 30 days im-
ing liquors and beverages to minors prisonment or a fine of Php 5,000
or both, at the discretion of the
Court.
 The Mayor’s License/Permit of
the establishment shall also be
revoked.
Res. No. 1348, Resolution Requesting the Honour-  Reiteration of the earlier ordinance, Ord. No.  Reiteration of the penalty provided
S-1999 able City Mayor of Pasay to Strictly 265, S-1994 (see below) in Ord. No. 265, S-1994
Implement Ordinance No. 265, S-
1994 in the Entire Jurisdiction of
Pasay and to Instruct the Police
Officers and All Barangay Officials to
Do the Same
Ord. No. 290, An Ordinance Prohibiting Minors  Operators, managers, owners are prohibited  The penalty if a fine of Php 500,
S-1994 below Eighteen (18) Years of Age from allowing minors below 18 years of age or an imprisonment of 30 days,
from Entering the Pasay City Cockpit from entering the Pasay City Cockpit Coliseum or both at the discretion of the
Coliseum for Purpose of Setting or for purposes of betting or participate in betting Court.
Participating in Betting as “Kristo” as Kristo and entering the ring of rueda before  The penalty is imposed not on
and Entering the Ring or “Rueda” Be- or during the actual cockfight the minors, but on the operators,
fore or During the Actual Cockfight managers, or owners who violate
in View of the Hazard Posed by the this Ordinance.
Sharp Blades (GAFF) attached to the
Fighting Cocks and/or Act as Gaffer,
“Sulatdor”, or “Nagpapatuka”

Resolution/
Ordinance No.
Ord. No. 265, An Ordinance Prohibiting the  It is prohibited for any person to drink any in-  Any person who violates any of the
S-1994 Drinking of Intoxicating Liquor and toxicating liquor or beverage in any public place, provision of this Ordinance shall
Beverage in Any Public Place, Building building and cemetery be punished by imprisonment of
and Cemetery in Pasay City at Any six months and one day, or fine of
Time of the Day or Night and Provid- Php 2,000 or both at the Court’s
ing for Violations Therefore discretion
Ord. 311-a, An Ordinance Prohibiting Roller and  Prohibition of the use of national and city roads  First offence - a fine of Php 200
S-1994 Skateboard Skaters from Using Na- by roller and skateboard skaters  Second offence - a fine of Php
tional and City Roads and Imposing 300
Penalties for Violators Thereof
 Third offence - a fine of Php 500
Ord. No. 228, An Ordinance Prohibiting Any Person  Any person 17 years old and below are prohibited  Any person who is 17 years old and
S-1993 Who Are Under the Age of Eighteen from smoking cigarettes or cigars, as well as buy- below who violates this ordinance
(18) Years Old from Buying/Acquiring ing or acquiring the same from any establishments by smoking/buying/acquiring ciga-
and Smoking Cigarettes/Cigars within the territorial limits of the city (Section rettes or cigars shall be subjected
3) to a fine of Php 200
 Those who run the business estab-
lishment in violation this Ordinance
by allowing a minor to buy or
acquire cigarettes or cigars shall
suffer to pay a fine of Php 500
Ord. No. 156, An Ordinance Prohibiting the Recruit-  No person shall engage in the recruitment of  Penalty is imprisonment
S-1992 ment of Minors to All Fraternities and minors to any fraternity or other similar organiza-
Other Similar Organizations and tions, in and out of the school premises
Providing Penalty Thereof (sic)

Table 5.8. Non-penal ordinances affecting children, Pasay City

Resolution/
Ordinance No.
Ord. No. 2001, S-2001 An Ordinance Providing for Child Survival, Devel-  Declaration that Pasay City is a Child Friendly City
opment, Protection, Security and Participation  Recognition of the children’s right to life and the full development
and Establishing a Comprehensive Children of their potential (Survival and Development Rights of Children)
Support System in Pasay City and for Other and the social trends showing a significant increase in the incidents
Purposes of child abuse
 Implementation of the Under Six Program Framework and the
Primary Health Care Program Framework
 Establishment of a comprehensive Community Support System,
the Community Support System, which consists of, among others,
the Pasay City Child Welfare Council, the Barangay Council for the
Protection of Children
 Institutionalisation of Foster Homes for children with the technical
assistance and supervision of the DSWD-National Capital Region
(NCR)
Res. No. 1586, S-2000 A Resolution Authorizing the Honourable City  The Australian Government, through AusAID, expands its ongoing
Mayor Wenceslao B. Trinidad, to Enter Into and AusAID-assisted Street Children Nutrition and Education Project
Sign in Behalf of the City Government of Pasay, to be implemented in 25 Local Government Units, one of which is
a Memorandum of Agreement with the Depart- Pasay City. Pasay City is one of the designated LGUs of the Project
ment of Interior and Local Government (DILG) because it has been identified as one of those with a considerable
Represented by its Secretary, Hon. Alfredo Lim, number of street and urban working children
on the Establishment and Maintenance of the  That the City Mayor is authorized to enter into and sign in behalf
Street and Urban Working Children Project’s of the City Government a Memorandum of Agreement with the
(SUWCP) Social Development Center (SDC) Department of Interior and Local Government, for the establish-
ment and maintenance of the Street and Urban Working Children
Project’s Social Development Center

Resolution/
Ordinance No.
Ord. No. 1422, S-99 An Ordinance Appropriating the Amount of Two  Recognition that the benefits and privileges of the barangay officials
Hundred Thousand Pesos (Php 200,000.00) from are inadequate considering the risks they face in the performance
the SPF of the Proponent to be Put Up as Trust of their official duties as persons in authority
Fund for the Monetary Benefits of All Incumbent  The initial appropriation of Php 200,000 to be taken from the Spe-
Barangay Officials Including Barangay Tanods in cial Purpose Fund of the proponent from the City Council to be
Pasay City, in the Event of Their Death or for put up as a Trust Fund for the monetary benefits of all incumbent
Their Medical Care Expenses Barangay officials in the event of their death or for their medical
care expenses
 The monetary benefits (e.g. medical care, death) are available to
certain barangay officials, including the Sangguniang Kabataan (SK)
Chairperson
Res. No. 1274, S-1999 A Resolution Requiring All Barangay Captains  Upon its recognition that the increasing use of illegal drugs has
of Pasay City to Create Their Local Barangay contributed to the alarming incidence of heinous crimes, the City
Anti-Drug Abuse Council (BADAC) in Their Council has agreed that the illegal drug problem needs to be ad-
Respective Jurisdictions dressed more effectively.
 To address this problem, a Barangay Anti-Drug Abuse Council is
created to serve as a focal point through which various organiza-
tions and individuals work together cooperatively in the planning,
implementation and evaluation of programs on drug prevention
effectively and efficiently
Res. No. 1302, S-1999 A Resolution Urging All SK Chairmen and Kaga-  Recognition that the holding of anti-drug seminars will help the
wads of the City of Pasay to Allocate Certain citizens understand the ill effects of drugs and thereby lessen or
Amount from the General Fund of the Sang- discourage the users or would be users from continuously using
guniang Kabataan for the Holding of Anti-Drug the dangerous drugs
Seminars and for the Dissemination Campaign of  A resolution to urge all SK Chairpersons and Kagawads of the City
the Same in Their Respective Barangays to allocate certain amounts from the General Fund of the SK for the
holding of Anti-Drug Seminars and for the dissemination campaign
of the same in their respective barangays
Res. No. 456, S-1992 A Resolution Requesting the Department of Social  A recognition that minors, especially street children, become in-
Welfare and Development, Non-Government nocent preys of inhuman acts by paedophiles and coming victims of
Organizations as Well as the Chairman of the various criminal acts perpetrated by adults, and notoriously engage
Committee on Youth and Sports Development, in drug abuse
to Coordinate for the Study of the Feasibility  The City Council’s request to the DSWD, Non-Government Or-
of Establishing a Shelter for Street Children in ganizations, and the Chairperson of the Committee on Youth and
Pasay City Sports Developments, to coordinate for the feasibility study on the
establishment of a shelter for street children in Pasay City

Penal: 12 (Resolution No. 1348, S-1999 only reiterates the provisions under Ordinance No. 265, S-1994)
Non-Penal: 6 (which includes Ordinance No. 2001, S-2001, also classified as a Penal Legislative Measure)

5. Quezon City
Table 5.9. Penal ordinances affecting children, Quezon City
Resolution/
Ordinance No.
SP-572; S-97 Quezon City Child and Youth Welfare  The following acts and activities of street children  Same penalties provided under
Ordinance are prohibited: the Revised Penal Code and the
(1) Loitering within the Quezon City (QC) Dangerous Drugs Act
streets if child is below 12 years old  Penal provisions are also included
(2) Selling sampaguitas, cigarettes, newspapers, for parents or guardians found to
and other products or commercial items in be grossly negligent in the perfor-
the QC streets mance of the duty imposed on
(3) Begging, sniffing rugby and other solvent prod- them by the ordinance
ucts, pickpocketing, and doing other illegal
 The penalty of imprisonment is
activities. [Sec. 7, in relation to Sec. 4(g)]
also provided for any person found
 The Ordinance also provides for a procedure in guilty of coercing, forcing or intimi-
monitoring/reporting, apprehension, investigation, dating a street child or any other
custody, and commitment of the children who are child to:
found to commit the above acts. [Sec. 8, Art. III] (1) beg or use begging as a means
of living;
(2) act as middleman in drug-traf-
ficking or drug pushing; or
(3) conduct any illegal activities
 Minors are prohibited to:  No penalties for minors. Penal-
(1) Play video machines found in amusement cen- ties are imposed on the operator,
tres, malls and other similar establishments in owners, seller or distributor of the
QC during school hours from 8am to 5pm, video games
Mondays to Fridays
(2) Play video game machines and other similar
equipment at the above-mentioned establish-
ments during weekends if outside the time
period of 8am to 8pm, and weekdays if beyond
the time period of 5pm to 8pm
(3) Play video games that are not rated as non-
violent games under the category of sports,
adventure, racing, flight simulator and the
like during the hours/days allowed in the
Ordinance, if the minor is below fourteen
(14) years old
(4) Play violent and ultra-violent video games dur-
ing the hours/days allowed in the Ordinance,
if the minor is fifteen (15) to eighteen (18)
years of age
 Selling of cigarettes and liquor to minors is  Penalties are imposed only the
prohibited but the prohibition is imposed on the manufacturer, wholesaler or re-
manufacturer, wholesaler or retailer. No prohib- tailer found to be selling cigarettes
ited acts imposed on the minor with respect to or liquor to minors.
the purchase of cigarettes and liquor.
SP 1722, S-2002 A Resolution Strictly Enforcing the  Playing of video games, machines and other similar (Same penalty as that provided under
Provisions of Ordinance No. SP-572, items/machines found in amusement centres, Ordinance No. SP-572, S-97)
S-97, Regulating the Playing of Video malls and other similar establishments (Reitera-
Games, Machines and Other Similar tion of Ordinance No. SP-572, S-97 provision on
Items/Machines Found in Amusement playing of video games)
Centres, Malls and Other Similar
Establishments

Table 5.10. Non-penal ordinances affecting children, Quezon City

Resolution/
Ordinance No.
SP-1026, S-2001 An Ordinance Creating the Quezon City Council  Recognition of the need to create a local council for the protection of
for the Protection of Children, Defining Its Func- children at the city level in accordance with the provisions of PD603 and
tions and Membership,Technical Working Group, DILG Memorandum Circulars 94-14 and 96-139
and for Other Purposes  Creation of the Quezon City Council for the Protection of Children (QC-
CPC) composed of:
(1) City Mayor
(2) City Vice Mayor
(3) City Administrator
(4) City SSDD Head
(5) City Health Officer
(6) Division of City Schools Head
(7) Barangay Operations Center Officer
(8) SK Federation President
(9) ABC President
(10) City Council Chairperson on Appropriations
 The QCCPC shall perform the following functions, among others:
(1) Formulate city plans and action for children incorporating projects and
programs needing assistance by the barangay and ensure its integration
into the city development plans
(2) Advocate for passage of relevant child and youth protection ordinances
by drafting and submitting policy papers to city legislators
(3) Advocate for increase support and resource allocation for children’s
programs and projects.
SP-572; S-97 Quezon City Child and Youth Welfare Ordinance  Creation of the QC Center for Child and Youth Development, its policy
making body, the appropriation of funds for its establishment, and the
conduct of programs, among which are:
(1) periodic community dialogues;
(2) Parent Education Congress;
(3) scholarships
 Establishment of the Early Childhood Care and Development (ECCD)
Program for the care of children ages 0-2
 Implementation of the Primary Health Care Program through the Barangay
Health Center
 Setting up of child-friendly units in QC hospitals
 Investment by the city government in the production of local literature or
other relevant materials for children

Resolution/
Ordinance No.
SP-524, S-95 A Resolution Adopting and Supporting the Provi-  Adoption of the provisions of:
sions of the United Declaration on the Rights of (1) the UN Declaration on the Rights of the Child, and
the Child, the World Declaration on the Survival, (2) the World Declaration on the Survival, Protection and Development of
Protection and Development of Children, and Children and the Rights of Girl-Child embodied at the Beijing Platform
the Rights of Girl-Child Embodied at the Beijing of Action for Women.
Platform of Action for Women and Urging the  The City Council of QC shall urge the Legislative and Executive Branches of
Legislative and Executive Branches of Govern- the Government to enact laws and implement plans and programs related
ment to Enact Laws and Implement Plans and to the above issues
Programs Related to the Above Issues
 The City Council of QC shall urge the Senate and the House of Repre-
sentatives:
(1) to prioritise the passage of the bill on the Juvenile Justice System and
(2) to enact stronger laws to prevent child prostitution and exploitation
of children.
 The City Council of QC shall urge the Executive Branch of Government
to implement plans and programs in support of the UN Convention on the
Rights of the Child, and the World Declaration on the Survival, Protection
and Development of Children and the Rights of Girl-Child embodied at
the Beijing Platform of Action for Women
SP-294, S-94 a Resolution Approving the Quezon City Child and  Recognition that the SK Federation is the prime youth organization in QC
Youth Decade Sports Development Program that will spearhead the Child and Youth Decade Sports Program
and Allocating the Amount of Two Million Five  Recognition that sports and related activities have been a prime consid-
Hundred Thousand Pesos Under the Special eration in any government’s developmental program, which aims to solicit
Project of the Office of the City Mayor, for the active, real support, and participation of all, including children
Implementation Thereof
 Acknowledging the value of the QC Child and Youth Decade Sports De-
velopment Program as it could:
(1) provide the youth in every barangay with the technical knowledge
necessary to administer the Sports and Physical Fitness Program;
(2) serve as a means to propagate indigenous sports which complement
the Filipino physique;
(3) serve as a vehicle to produce and further develop young athletes for
future local and international competitions;
(4) conduct seminars and workshops that will train selected youths as
future officers in the implementation of sports and physical projects and
activities, as well as orient youth organizations’ officers and members
with the basic technique in organizing and managing a sports group.
 Approval of the QC Child and Youth Decade Sports Development Pro-
gram
 Appropriation of Php 2.5 million under the Special Project of the Office
of the City Mayor, for the Implementation of the Program
 Coordination of the City’s Sports Development Office and Sports Devel-
opment Council with the SK Federation for the smooth implementation
of the Program
 Direct all departments/offices/service units of the city government whose
services are necessary for the implementation of the Program to extend
assistance and cooperation, with the SK Federation as the lead implement-
ing agency

Resolution/
Ordinance No.
SP-215, S-94 An Ordinance Appropriating the Amount of One  Direct all departments/agencies of the city government to extend assistance
Million Pesos, or So Much Thereof as May be for the implementation of the QC Child and Youth Decade Educational
Necessary for the Implementation of Quezon Development Program with the recognition of the benefits that could
City “Child and Youth Decade Educational De- result from its implementation, namely:
velopment Program” (1) harnessing civic-consciousness and awareness of the social condition
among students,
(2) providing basic knowledge among the youth, to be conscious of or
recognize their vital role in the community, and in the country’s devel-
opment
(3) providing leadership training for the youth
 Appropriation of Php 1 million, or so much as may be necessary for the
implementation of the Educational Development Program
SP-5, S-92 Ordinance Establishing the “Quezon City Hall  Establishment within the City Hall Compound of a Day Care Center, the
Yakap,” a Day Care Center for Children Ages 3 “Quezon City Hall Yakap” for children ages three (3) to six (6) of City
to 6 of Parents Employed in Quezon City Hall Government employees with the recognition of the need to free the par-
and Appropriating the Amount of Fifty Thousand ents-employees in the QC government from worrying about their small
Pesos Therefor from Any Available Funds children and thus, to improve their level efficiency
 Giving the administration of the Day Care Centre to the QC SSDD
 Directing the City Public Library to lend support to the day care centre
in terms of instructional materials
 Appropriation of Php 50,000 for the Day Care Centre
NC-146, S-90 Ordinance Establishing the Quezon City Drug  Establishment of the “Quezon City Drug Treatment and Rehabilitation
Treatment and Rehabilitation Center and Ap- Center” as a vital component of the QC Anti-Drug Abuse Program in view
propriating the Amount of Nineteen Million of the extent of the drug problem in QC and the difficulty encountered
Seven Hundred Sixty Two Thousand Pesos for by the QC Anti-Drug Abuse Council to accommodate drug users who
the Purpose surrendered for rehabilitation. The establishment of the Center is an af-
firmation of the moral and legal duty of the city government to promote
youth development and the treatment and rehabilitation
 The provision of the administrative structure and project cost for the
Center. Appropriation of Php 19.762 million for the Capital Outlay and
Operational Expenses to be incurred in the construction and establishment
of the Center
NC-296, S-89 Resolution Declaring 1990 to 2000 as “Child and  Declaration of 1990-2000 as “Child and Youth Decade in Quezon City”
Youth Decade in Quezon City” and Requesting in compliance with Presidential Proclamation No. 406 which directs all
the City Mayor to Issue an Executive Order for sectors to come up with a 10-year Sports Development Program for the
the Implementation Thereof “Decade of Physical Fitness and Sports” (1990-2000)
 Acknowledgment that the city’s cooperation and support for such devel-
opment program is needed for the program to be a vehicle for economic
recovery where total youth development is promoted and implemented
 Directing the Kabataang Barangay Federation:
(1) to spearhead the observance of the Child and Youth Program
(2) to consult with the public or private sectors, particularly the youth-
oriented NGOs, in cooperation with the Youth and Sports Development
and other committees of the City Council, for the formulation of a
city-wide comprehensive and integrated Child and Youth Program for
the period covered by the declaration

Penal: 2 (Ordinance No. SP 1722, S-2002 only reiterates the provisions under Ordinance No. SP-572; S-97)
Non-penal : 8 (Includes Ordinance No. SP-572; S-97, also classified as a Penal Legislative Measure)

BARANGAY ORDINANCES
1. Caloocan: Barangay 46, Zone 4, District II
Table 5.11. Penal ordinances affecting children, Barangay 46, Zone 4, District II, Caloocan City
Resolution/
Title Acts Required/Prohibited Penalties
Ordinance No.
Ord. No. 02 Curfew Hours for Minors,  Minors, 18 years old and below, are strictly  First offence - the parent/guardian be informed
18 Years Old and below prohibited to, loiter or wander in streets or of the violation.
(English translation) outside their residential abode and public places  Second offence – the minor shall be brought
from 11 p.m. to 5 a.m. the following morning. to the barangay hall together with their parent
 Exempted from the curfew hours are students or guardian.The minor shall render community
attending night classes, those working nighttime service for one day.
and minors in the company of parents or guard-  Third offence – the minor shall be brought to
ians. the barangay hall together with his/her parents
(English translation) or guardian, render one day community service
and pay a fine of Php 200.
(English translation)
Table 5.12. Non-penal ordinances affecting children, Barangay 46, Zone 4, District II, Caloocan City
Resolution/
Ordinance No.
Res. No. 01 S-1997 In a Matter of Urgency and Considering the Prolif-  The Sangguniang Kabataan Council of Barangay 46, Zone 4, District
eration of Crime Wherein the Youth and Children II, City of Caloocan, resolves to approve the Resolution providing
Are Mostly the Victims and Aggrieved Party. the curfew hour subject to the following conditions and exceptions:
Sangguniang Kabataan of Barangay 46, Zone 4, Dis- (a) for consultation to the residence of Barangay 46.
trict II, City of Caloocan, Has Adopted a Resolution (b) for approval of Sangguniang Barangay of Barangay 46.
Providing Curfew Hour for 18 Years and below. (c) Youth who are working at night and or have classes at the time
of the effectivity of this ordinance are exempted.
(d) Penalties
1. First offence
2. Second offence
3. Third offence
 Said resolution was adopted in recognition of every minor’s need:
(e) to have protection against exploitation, improper influences,
hazards, and other conditions prejudicial to his physical, mental,
emotional, social and moral development;
(f) to be safeguarded as they are often times the target of evil and
are prone to commit mistakes and risky decision;
(g) to be properly guided by their parents especially at times when
they are not in school; and
(h) to fulfil their goals and dreams, in order to give them a chance
to contribute and share in the building of better society, and
this can be done by keeping them away from evil and crime.

2. Caloocan: Barangay 102, Zone 2, District II

Table 5.13. Non-penal ordinances affecting children, Barangay 102, Zone 2,, District II, Caloocan City
Resolution/
Title Relevant Provisions Affecting Children/resolution/action Step
Ordinance No.
Res. No. 6 S-1998 A Resolution Organizing the Barangay Council • Creation of BCPC. It shall be subsumed under the appropriate
for the Protection of Children (BCPC) by the existing committee at the Barangay Development an to ensure the
Barangay Council pursuant to PD 603 and DILG implementation of the rights of a every child to live a society that
Memoranda Circular 90-01 and 94-14 offers or guarantees him safety, health, good morale development
and facilities Pl for his wholesome development
3. Manila: Barangay Zone 74, District V, Paco

Table 5.14. Penal ordinances affecting children, Barangay Zone 74, District V, Paco, Manila
Resolution/
Title Acts Required/prohibited Resolution/action Step
Ordinance No.
Res. No. 1 S-2002 Resolution for the Implementation  Observance of curfew hours from 10  Violators of this Ordinance shall be meted with
in Zone 74, District V, Paco Manila p.m. to 5 a.m. for minors who are 17 the following penalties:
of Curfew Hours from 10:00 P.M. to years old and below (a) First offence – their names will be recorded
5:00 a.M. for Minors 17 Years Old  Implementation in Zone 74, District in the barangay record or at the police
and below. V, Paco, Manila of Curfew Hours from precinct in the vicinity;
10 p.m. to 5 a.m. for minors 17 years (b) Second offence – they will be required to
old and below render community service in their respec-
tive barangays;
(c) Third offence -- they will be brought to the
Juvenile Court in Arroceros Street, Manila
for the final judgment of the Court.
4. Manila: Zone 55, District IV

Table 5.15. Non-penal ordinances affecting children, Zone 55, District IV, Manila
Resolution/
Title Relevant Provisions Affecting Children/resolution/action Step
Ordinance No.
Res. No. 01-2002 Resolution Directing All Concerned  In order to combat criminality and solve “frat gang wars,” that especially involve
Barangay Officials of Zone 55 Dis- teenager boys and girls, ten (10) to eighteen (18) years of age, curfew must be impose
trict IV, Manila to Take Necessary from 10 pm to 4 am
Actions to Combat Criminality  As mandated by the City Council Resolution No. 103, all barangay officials are directed
Including the Imposing of Curfew to take necessary actions to combat criminality including the imposition of curfew in
in Their Respective Areas their respective areas
 Punong Barangay are also mandated to maintain public order in their respective
barangays, assist the City Mayor and Sanggunian members in the performance of the
duties and functions to organize, and lead an emergency group whenever the same
maybe necessary for the maintenance of peace and order.
 All the 14 chairpersons shall have to reorganise the Zone Task Force, an arm to
maintain peace and order, drug problems and other forms of vices.
 The code also empowered the Sangguniang Barangay to enact ordinance as maybe
necessary to discharge the responsibilities conferred upon it by law and to promote
the general welfare of the inhabitants.
 Barangay officials of Zone 55 shall have to reorganise the Zone Task Force Officials
and members to implement their sincere desire of their functions and obligations.

5. Manila: Barangay 67, Zone 6 District 1

Table 5.16. Penal ordinances affecting children, Barangay 67, Zone 6 District 1, Manila
Resolution/
Title Act Required / Prohibited Penalties
Ordinance No.
Res. No. 018- Resolution Requesting the Com-  Prohibition of kite-flying in areas covered by  Any person who violates this reso-
10-97 mission of City of Manila Through Barangay 67, Zone 6 in order to protect the life lution will be punished.
Metro Manila Barangay Operation and property of the residents and to adequately (a) First offence – offender shall be
Center and Manila Council to Ban respond to the complaints brought to the baran- brought to the Barangay Hall
Kite Flying within the Jurisdiction of gay, in order to prevent damage to the roof that (b) Second offence – parents/
Barangay 67, Zone 6. causes disagreements among residents. guardian of the offender shall
(English Translation) (English Translation) be informed
(c) Third offence – offender shall
pay a fine of Php 200
(English Translation)
6. Quezon City: Barangay Pinyahan

Table 5.17. Penal ordinances affecting children, Barangay Pinyahan, Quezon City
Resolution/
Ordinance No.
Ord. No. 4, S- An Ordinance providing for the im-  Observation of curfew hours imposed on minors  First offence – the apprehending
2002 position of curfew hours to minors from 10 p.m. until 4 a.m. the following day. authority shall take custody of the
providing penalties for violation  Except for adults, it shall be unlawful for any offending minor at the barangay
thereof and for other purposes person to make display in public and cause dis- hall, blotter the incident for record
turbance on the peace of the other person the purposes by the barangay tanod/
following acts: BSDO which shall in turn inform
(a) Drinking and dancing in public display without the parents or guardian of the
any reason to celebrate such as birthday party minor, that said minor was appre-
wedding celebration and the likes; hended for violation of Barangay
(b) Prolonged stay outside his or her residential Ordinance on curfew, said minor
abode; shall be turned over to his/her
(c) Leisurely walk on the streets of the barangay parents with stern warning not to
without valid reason or purpose. repeat same violation.
 Exempted from this curfew hours are:  Second offence – the minor shall
(1) students attending night classes with proper be brought to the barangay hall
ID but not beyond 12:00 midnight; for questioning and blotter. the
(2) minors in the company of parents or guard- minor shall be penalised with one
ians and where minors upon verification came day public service, without any
from parties, graduation ceremonies, extra compensation by the barangay.
curricular activities in school where their  Third offence – the minor shall
attendance is indispensable; and be temporarily detained at the
(3) minors who cannot go home due to circum- barangay not more than six hours
stances beyond their control; and and shall be turned over to the
(4) those working night time. nearest police precinct for proper
disciplinary action in accordance
with existing laws, rules and regula-
tion or ordinances of the city, like
vagrancy, etc.

7. Quezon City: Barangay Masambong

Table 5.18. Penal ordinances affecting children, Barangay Masambong, Quezon City
Resolution/
Ordinance No.
Ord. No. 6 An Ordinance Banning the Use of  The use of any kind of pellet guns / toy guns  First offence – confiscation of
S/1999 Pellet Guns/Toy Guns and/or Watusi particularly by children will be completely pro- Pellet Gun/Toy Gun and/or Watusi
Pyrotechnics within Barangay Ma- hibited within the barangay including the use of Pyrotechnics.
sambong, San Francisco Del Monte, Watusi Pyrotechnics by children, the same being  Second offence – call the attention
Quezon City, and the Imposition poisonous when taken internally by unsuspecting of the parent/guardian concerned
of the Corresponding Penalties for children. and issue corresponding admoni-
Violation Thereof.  Sale and/or dispensing of the above items for tion regarding further commission
commercial purposes by persons other than the of the offence.
children using the same will make the person  Third offence – imposition of
selling them liable and his/her business permit whatever legal action, which may
cancelled and any item mentioned in the preced- be commensurate to the involved
ing section will be confiscated. offence particularly when there is
an aggrieved party.This penalty shall
also be imposed on the person
selling the items.
Table 5.19. Non-penal ordinances affecting children, Barangay Masambong, Quezon City
Resolution/
Title Relevant Provisions Affecting Children / Resolution / Action Step
Ordinance No.
Res. No. 07-99 A Resolution Strongly Urging Parents  Strongly urging parents of minors residing in this barangay, to control and/or regulate
of Children and/or Minors below the movements of their children below 18 years of age, after 12 midnight and before 4
Eighteen Years of Age to Control a.m. the following morning.
and/or Regulate the Movements  On special and/or emergency situations, minors may be allowed by their parents to go
of Their Children After 12:00 out of their residences after 12 midnight and before 4 a.m., provided that the parents
O’clock Midnight and Before 4:00 concerned may give them written consent, specifying the reason why they are still out
O’clock the Following Morning (as at such a time.
Amended by Resolution No. 5/A
 The Barangay Anti-Drug Abuse Council (BADAC) will hold a series of public hearings,
S-2002), Every Night, Unless on
inviting all the parents concerned, and conduct an open-forum, thereby, enabling the
Special and/or Emergency Cases
Anti-Drug Abuse Council to impart to the parents, why they are firm in their conviction
Where the Parents Are Strongly
that full implementation of the “Vagrancy Law” will at least be a sort of deterrent to the
Urged to Issue a Written Consent
unnecessary and oftentimes source of trouble, roaming of minors.
to the Minor Concerned, or Else
the Full Force of the “Vagrancy
Law” will be Imposed.

6 Profile Of Children In Conflict With The Law
This chapter presents the results of the documentation Under the Rules of Court of the Philippines, criminal
of cases involving children in conflict with the law. actions or cases are instituted and tried in the court
The project covers cases filed between the years 2001 of the territory where the offence was committed
and 2002 in all family courts in respondent cities. The or any one of the essential ingredients thereof took
personal background of the child and the legal status place.357 Based on the abovementioned data, it may be
of the case are presented in this chapter. When avail- concluded that the predominant number of children
able, data collected from the cases were compared with committed the offences in Quezon City and Manila
the results of previous surveys and studies conducted. since 80% of criminal cases against the children were
Profiles of the 35 children interviewed for the case filed in the said cities.
study were also incorporated in this chapter.
In the UP Law Center project (1981), 44.6 per cent
Court records of 706 children were examined. In some of the 323 sampled cases involving CICL were filed
instances, two or more children were charged in one in Manila. The other half were distributed among the
court case since a criminal case may have more than following cities: Pasay, 18.6 per cent; Valenzuela, 11.1
one accused. Data is presented according to the number per cent; Quezon City, 10.8 per cent; Caloocan, 7.1
of children involved in all the court cases and not the per cent; Makati, 4.6 per cent and Pasig, 3.1 per cent.
actual cases filed. Compared with this project, the proportion of cases
filed in Manila 20 years ago is consistent. However,
Eighty per cent of the children covered by the cases there has been a marked increase in the number of chil-
were charged in Quezon City (40.1%) and Manila dren proceeded against in Quezon City. The number
(39.9%; see Table 6.1.). For Caloocan (11%), CICL of CICL in both cities is almost equal.
constitute only one-fourth of the children proceeded
against in Quezon City and Manila. The remaining Compared with cases filed against children 20 years
children were charged in Parañaque (6.2%) and Pasay ago, at the time of this study, there appears to be an
(2.7%). overwhelming decrease in the number of cases in
Pasay. Whereas before it was next to Manila in terms
Table 6.1. Distribution of cases filed in all family courts in respondent of number of cases filed against children, it now has
cities by city, 2001-2002 the least number of CICL among the cities covered
City No. per cent
by this project.
Quezon City 283 40.1
Manila 282 39.9
The 706 cases were distributed among 19 family courts.
Caloocan 78 11.0
There are seven family courts each in Quezon City
Parañaque 44 6.2
Pasay 19 2.7
and Manila; two each in Caloocan and Pasay; and
Total 706 100.0 one in Parañaque. Branch 38 in Manila handled the
most (12.5%) number of CICL, followed by Branch
89 (10.6%) in Quezon City and Branch 29 (8.4%) in
Manila (see Table 6.2).

Table 6.2. Distribution of cases filed in family courts in the cities

covered by branch, 2001-2002
Personal Profile
Family court branch No. per cent
4 15 2.1
SEX
5 30 4.2
9 16 2.3 The children covered by the project were predomi-
29 59 8.4 nantly male (630 out of 706, or 89.2%; see Figure 6.1.).
38 88 12.5 Of the 35 children interviewed for the case studies, 28
43 39 5.5 were male and 7 were female.
48 36 5.1
84 39 5.5 Figure 6.1.
86 33 4.7 Percentage distribution of CICL by sex, 2001-2002
88 39 5.5 89.2
89 75 10.6
90
94 7 1.0
80
106 53 7.5 70
107 37 5.2 60
50
109 8 1.1 %
40
10.8
113 11 1.6 30
20
124 42 5.9 10
130 36 5.1 0
260 43 6.1 Male Female
Total 706 100.0
The UP Law Center,358 PAYO359 and PNP360 data show

The least number of CICL were covered by Branch the same trend. In the UP Law Center project (1981),
94 (1%) in Quezon City and Branches 109 (1.1%) which covered 323 cases, 86.46 per cent were male
and 113 (1.6%) in Pasay City. Although there is only and 13.54 per cent were female. In the PAYO (1996)
one family court in Parañaque City, Branch 260, it survey, which covered 232 children, 92 per cent were
handled more CICL (6.1%) compared with both male and 8% were female. The PNP (2001) data that
branches of the family courts in Pasay City (Branches covered 5,905 cases showed that 83 per cent were male
109 and 113). and 17 per cent were female.
AGE AT THE TIME OF COMMISSION

A majority (38.4%) of the children were 17 years of
age at the time of the alleged commission of the offence
(see Table 6.3.). This age group was followed by chil-
dren who were 16 (26.8%), 15 (18%) and 14 (8.9%)
years of age at the time of alleged commission. Only
two children aged nine and ten were covered by the
project. One file did not indicate the age of the child
at the time of commission of the offence.

Table 6.3. Distribution of cases by age, 2001-2002 PLACE OF RESIDENCE

Age No. per cent
Court records show that 87.5 per cent of children
9 1 0.1
10 1 0.1
covered in the research resided in the respondent cities:
11 6 0.8 Manila (37.8 per cent); Quezon City (29.5 per cent);
12 19 2.7 Caloocan (12.7 per cent); Parañaque (4.2 per cent) and
13 28 4.0 Pasay (3.3 per cent; see Figure 6.2. and Table 6.4.).
14 63 8.9
15 127 18.0 Figure 6.2.
16 189 26.8 Top 5 Cities of Last Residence
17 271 38.4
No Answer 1 0.1 37.8
Total 706 100.0 40 29.5
30
% 20 12.7
Of the 35 children interviewed for the case studies, 11 4.2 3.3 6.8 5.2
10
were 17 years old at the time of the alleged commission;
0
five were 16 years old; nine were 15 years old; and the CITIES
rest were between the ages of 11 and 14 (three 14 years Manila Quezon City Caloocan Parañaque
of age; two 13 years of age; one 12 years of age; and Pasay Others Not Indicated
four 11 years of age).
These records indicate that older children commit more

offences compared with younger ones and the older The residence of more than six percent (6.8 per cent)
the child, the higher the likelihood that he or she will of the children were spread throughout the following
commit an offence. areas: Bulacan (1.1 per cent), Muntinlupa (0.1 per
cent), Antipolo (0.7 per cent), Las Piñas (0.4 per cent),
The PAYO survey reveals that 52.6 per cent of the Valenzuela (0.1 per cent), Dagupan (0.1 per cent),
children detained were in the 15-17 age bracket and Malabon (0.1 per cent), Rizal (0.4 per cent), Cavite
6.9 per cent belonged to the 12-14-age bracket (0.4 per (0.4 per cent), Makati (0.1 per cent), Pasig (1.8 per
cent were 21 and above; 0.9 per cent did not indicate cent), Olongapo (0.3 per cent), Naga (0.1 per cent)
the age).361 The PNP (2001) data, revealed that 50 per and Muntinlupa (0.3 per cent). Included in this list
cent of the children were between the age of 9 and 15, are children without permanent addresses (0.8 per
47 per cent between 16 and 17; and 3 per cent below cent). No addresses were indicated in 5.2 per cent of
nine years of age.362 the children’s records.
Chapter 6 • Profile of Children in Conflict with the Law 101

Table 6.4. Distribution of cases by place of residence Of the 35 children interviewed for the case studies,
Place of Residence No. per cent 25 resided in respondent cities: six each in Caloocan
Manila 267 37.8
and Manila; five in Parañaque; and four in Pasay.
Quezon City 208 29.5
The remaining ten resided in Marikina, Rizal, Bicol,
Caloocan 90 12.7
Parañaque 30 4.2
Bicutan, Malabon, Marinduque, Mandaluyong, Va-
Pasay 23 3.3 lenzuela and Taguig.
Pasig 13 1.8
Bulacan 8 1.1
Relating this information to the place of commission of
Antipolo 5 0.7 the offence, above-mentioned data show that the cities
Las Piñas 3 0.4 chosen as respondents in this project also serve as the
Rizal 3 0.4 cities of residence of the children. When asked about
Cavite 3 0.4 the high incidence of offences committed by children
Olongapo 2 0.3 in their respective areas, some officials explain that
Dagupan 1 0.1 the children arrested in their cities reside in another
Makati 1 0.1
area or city. The ranking with respect to the place of
Malabon 1 0.1
residence follows the ranking of cities with respect to
Muntinlupa 1 0.1
the place of commission, except that for both the court
Naga 1 0.1
Valenzuela 1 0.1
records and case studies, the number of children that
20 No Permanent Address 6 0.8 reside in Manila is slightly higher than those residing
No Answer 37 5.2 in Quezon City.
Total 706 100.0
Figure 6.3.
Educational Attainment
No Education at All
20.4
Grade 1
19
20
17.5 Grade 2
Grade 3
15 Grade 4
Grade 5
% 10.4
9 Grade 6
10
6.6 7.1
1st Year High School
2nd Year High School

4.3
5 3.3 3rd Year High School
0.9 1.4 4th Year High School

EDUCATIONAL ATTAINMENT reached fourth year high school.366 In the PAYO (1996)
Of the 706 children, court records only indicate the survey, which covered 232 children, 52 per cent had
educational attainment of 211 children. Of these reached the elementary level, 41 per cent high school
211 children, more than half (51.7 per cent) either level, 0.4 per cent college level and 6 per cent did not
finished or were currently enrolled in high school. indicate their educational attainment.367
The highest percentages, however, were found in first
The present project shows that there is a slight increase
year high school (20.5 per cent), Grade six (19.0 per
in the number of children that reached the secondary
cent) and second year (17.5 per cent; see Figure 6.3
level compared with previous studies.
and Table 6.5).
Meanwhile, the rest either finished or were currently

FAMILY BACKGROUND
enrolled in elementary (47.4%) while very few had no
education at all (0.9%). Only 13 per cent (95 children) of the 706 cases have
court records indicating family background, specifi-
cally the status of the relationship of the parents (see
Table 6.5. Distribution of cases who indicated their education by
educational attainment Table 6.6).
Educational attainment No. per cent
No education 2 0.9 Table 6.6. Distribution of cases with records regarding family back-
Grade 1 3 1.4 ground by status of parents’ relationship
Grade 2 7 3.3 Status of parents’ relationship No. per cent
Grade 3 9 4.3 1 Married & Living Together 45 47.4
Grade 4 22 10.4 2 Married But Separated 28 29.5
Grade 5 19 9.0 3 Married But Both Deceased 3 0.4
Grade 6 40 19.0 4 Married – Mother Deceased 2 0.3
First year high school 43 20.5 5 Married – Father Deceased 9 1.3
Second year high school 37 17.5 6 Not Married But Living Together 3 0.4
Third year high school 14 6.6 7 Not Married & Not Living To-
5 0.7
gether
Fourth year high school 15 7.1
Total 95 100.0
Total 211 100.0
Of the 35 children interviewed for the case studies, 19 Almost half of these children (47.4 per cent) have
reached high school level363 and 14 reached elementary parents who are married and still living together, while
level.364 One child said that he did not go to school almost one-third (29.5 per cent) have parents who
while another one did not provide an answer.365 were married but were already separated (see Figure
6.4 and Table 6.6).
The UP Law Center project, showed that only 30 per
cent of the respondents reached the intermediate level;
27 per cent had at least two years or less of high school;
24 per cent were of primary school level and 7 per cent

Figure 6.4. Figure 6.5.

Family Background Parental Custody
Married and living together 43.6 Living with both parents

50
47.2 45
45 Married but separated 40 Mother only
40 35
Married but both deceased Father only
35 30
29.5
30
Married – mother deceased 25 Mother and stepfather/common-law husband
% 25 % 19.41
20
20 Married – father deceased 14.56 Fatther and stepmother/common-law wife
15
15
9.5 10 6.7 6.7 With relatives
10 5.3 Not married but living together 4.85 3.88
3.2 3.25.3 5
5 2.1
Not married and not living together With non-relatives
0 0
Of the 35 children interviewed for the case studies, 18 The UP Law Center project shows that the majority of
had parents who are still living together and 16 with the children covered (73.8 per cent) resided with their
parents who are no longer living together. Meanwhile, parents and family.369 The finding that majority of the
one interviewee did not give an answer. children still lived with their parents who are married
and still living together is also confirmed by the earlier
The PAYO revealed the same finding that majority study of PAYO. The PAYO survey, reveals that 22.4
of CICL had parents who are married and still living per cent lived with both parents; 20.7 per cent lived
together. In the PAYO survey, 40.5 per cent of the with the mother only; 17.7 per cent lived with other
children had parents who were married and still living relatives; 12.9 per cent lived with friends and 9.4 per
together and 31.9 per cent had married parents but cent lived in the streets.370
separated.368
With respect to the 35 children interviewed for the
case study, 12 were living with both of their parents;
PARENTAL CUSTODY two were living with their father only and three, with
Court records of 103 out of 706 children indicated the their mother only. Almost half (16 out of 35) of the
person with whom the child was staying or living with children were no longer living with their parents. Two
before their arrest. Of the 103 children, the most num- of those interviewed did not provide an answer.
ber of children (43.6 per cent) were living with both
parents, while a significant proportion (19.41 per cent) Of the 16 children no longer living with their parents,
lived with their mother only (see Figure 6.5). Only 14.6 seven were either living with their friends, gang mates
per cent lived with other relatives (ie, grandparents, or work mates; six were living with relatives; one with
aunt, uncle, brother, sister) prior to arrest. a common law wife and one with the adoptive mother.
One child did not give any answer.

OCCUPATION OF PARENTS AND GUARDIANS Table 6.8. Distribution of cases by father’s occupation
Only 65 (9 per cent) of the 706 children had records Occupation of father No.
Construction-related work/
indicating the occupation of their mothers and only 56 Construction worker (carpenter, contractor, 13
(8 per cent) indicating the occupation of their fathers. painter, foreman)
Driver 10
The number of children (23 out of 65) had mothers
Vendor 9
who are not employed and who stay at home most of
Engaged In Business 4
the time (see Table 6.7). Some work as vendors (14 out None/Unemployed 4
of 65) and laundry women (11 out of 65). The rest of Labourer 3
the mothers were employed as helpers, midwives, sales Government employee (Traffic enforcer, Metro
3
representatives, overseas Filipino workers, sewers/fac- Aid, soldier)
Farmer 2
tory workers, food servers and receptionist. One is
Caller 2
engaged in business.
Others 5
Mechanic/ Technician/Electrician 1
Table 6.7. Distribution of cases by mother’s occupation Total 56
Occupation of mother No.
Not employed 23 Based on available records, three of the children
Vendor 14 indicated that their male guardians work as technician/
Laundry woman 11 electrician (2) and security guard (1) while two of the
Housekeeper/Housemaid 5
children’s female guardians just stayed at home.
Midwife 3
Sewer/Factory worker 2 Of the 35 children interviewed for the case studies,
Overseas Filipino worker 2
17 said that their mothers were working. Of the 17,
Sales representative 2
ten were vendors; three were seamstresses and others
Has own business 1
worked as a supervisor, photographer, laundry woman
Receptionist 1
Food server 1
and a garbage scavenger. With respect to the work of
Total 65 the father, 28 said that their fathers were working:
eight work as a driver of a car, tricycle371 or pedicab;372
seven worked in construction, as foreman, construc-
The most number among the children (13 out of 56)
tion worker, carpenter and painter; three worked as
had fathers who work as construction workers or are
vendors; three worked in offices, as columnist, barangay
engaged in construction-related work (see Table 6.8).
personnel and marketing agent and the rest worked
Many among them are also drivers (10 out of 56) and
as seaman, fireman, butcher, mechanic, stevedore and
vendors (9 out of 56).
conductor. One child said that he does not know the
occupation of his father.
Based on the type of work that majority of the

children’s parents engage in, which is mostly labour
and service-oriented, it may be concluded that the
economic background of their family fall under the
low income level.

WORK OF CHILDREN Table 6.9. Distribution of working children by occupation

Occupation No. per cent
Based on court records, 121 out of 706 children
Vendor 70 57.9
indicated that they were working before they were Helper 16 13.2
arrested. Of those working, more than half of the chil- Pedicab/ Tricycle Driver 15 12.4
dren worked as vendors (57.9 per cent). Several were Bet Collector 7 5.9
working as helpers (13.2 per cent); pedicab/tricycle Scavenger 5 4.1
drivers (12.4 per cent); bet collectors (5.9 per cent); “Tireman” 3 2.5
scavengers (4.1 per cent); tire man (2.5 per cent). The Others 5 4.0
Total 121 100.0
rest (4 per cent) worked as construction workers; as-
sistant to drivers; delivery boy; caretaker; and janitor
(see Figure 6.6 and Table 6.9). The fact that there are children in conflict with the law
already working, some in order to assist their parents,
confirms the earlier finding that the economic back-
Figure 6.6.
Work of a child ground of the children belong to the low income level.
Pedicab/Tricycle Driver This background may have contributed to the children’s
60 57.9 Construction Worker
decision to enter the workforce.
Helper
50
Pahinante/Assistant to the Driver
40 Vendor
Scavenger CIVIL STATUS
% 30
Delivery Boy
20
Although children are not legally allowed to enter into
12.4 13.2 Bet Collector
10 4.1 5.9
Caretaker a marriage contract in the Philippines, court records
0.8 0.8 0.8 0.8 2.5
0
0.8 Janitor show that ten children out of 706 were living with
Tireman
someone else or married (see Table 6.10.). Records do
not indicate whether marriage was indeed solemnized
Of the 35 children interviewed for the case studies, 19 or the children were merely living together as common
(54.2 per cent) said that they were working before they law husband and wife.
were arrested; 14 said that they were not working; one
said that he did occasional work; and one interviewee Table 6.10. Distribution of cases by the child’s being married or living
with a partner
did not indicate an answer. Of the 19 children who
Marital status No. per cent
worked, four worked as vendors; four worked as driv- Yes 10 1.4
ers, tricycle or pedicab; three assisted their parents; No 696 98.6
two worked as waiter/waitress; and the rest worked as Total 706 100.0
a helper, driller, dishwasher, conductor, delivery boy
and a guard.

The UP Law Center project also showed that 96.31 Table 6.12. Distribution of gang members by gang
per cent of the children were single; 21.5 per cent were Gang No.
Sputnik 5
married and 1.54 per cent had no record as to their
Batang City Jail 4
civil status.373
Bahala Na 3
West East Fraternity 1
The present project confirms previous study conducted
Sigue-Sigue 1
that only a small percentage of the children in conflict Rugby Boys 1
with the law are married or living with someone as a Yao 1
common law wife or husband. No response 1
Total 17
GANG MEMBERSHIP
Of the 35 children interviewed for the case study, nine
Of the 706 children, court records indicated that 17
revealed that they are members of a gang and 23 said
were members of gangs (see Table 6.11). Membership
that they do not belong to a gang. Three interviews
in gangs is not usually recorded in the children’s files
did not indicate an answer.
unless it is a factor in the commission of the offence,
ie, the offence was committed by gang members or an
identified group. SUMMARY OF THE PERSONAL PROFILE
Children in conflict with the law are usually male,
Table 6.11. Distribution of cases by membership in gangs aged 17 years at the time of commission. They reside
Gang membership No. per cent
in the city, most probably in Manila or Quezon City.
Gang member 17 2.3
The children either finished or are currently enrolled
Not a gang member 452 64.0
No Answer 238 33.7
in Grade 6, 1st year or 2nd year high school.
Total 706 100.0
The children are living with their parents who are still
alive and living together as husband and wife. The
Of the 17 children, 16 identified the following gangs as parents work in the labour sector, mostly within the
the group to which they belong: Sputnik (5); Batang service industry and with low wages. There are children
City Jail (4); Bahala Na (3); West East Fraternity (1); who are working before their arrest and majority work
Sigue Sigue (1); Rugby Boys (1); and Yao (1); (see as vendors. Only a small number of children are living
Table 6.12). with a partner and are members of a gang.
Legal Profile
CASE STUDY
Of the 706 children, only 11.6 per cent had case studies
at the time the research was conducted. In 84 per cent
of the children, no case studies were attached in the
records and in 4.4 per cent, there was no indication as

to whether there was a case study or not (see Figure 6.7 robbery, 44.9 per cent; theft, 47.4 per cent; qualified
and Table 6.13). The lack of case studies of children theft, 2.1 per cent; malicious mischief, 2.1 per cent; and
may be explained by the fact that some of the cases had estafa, 1.7 per cent (see Figure 6.8 and Table 6.14).
just been filed at the time the research was conducted.
Also, there were few judges who refused to have the
Figure 6.8.
case study of the child examined. Crimes charges against children
Figure 6.7. 40
37.9
Children with case studies in their records 30
15.2 13.6
% 20 12.8 12.8
10 4.4 1.2 1.1 0.8 0.1 0.1 0.1

84
100
0
80 Property Persons Ordinance

60 Special Laws Drug-related Offences Sex-related Offences
%
40 11.6
4.4
Security Public Order Quasi-Offences
20 Public Officer Public Moral Public Interest
0
Yes No Not Indicated

It is followed by crimes against persons (15.2 per cent);
violation of ordinances (13.6 per cent); special laws
However, the overwhelming lack of case studies con- (12.8 per cent); and drug-related offences (12.8 per
tribute to the incomplete data collected on children, cent). The rest involved sex-related offences (4.4 per
which makes it difficult to make a comprehensive cent); crimes against security (1.2 per cent); crimes
profile of children especially if it is to be based solely against public order (1.1 per cent); quasi-offences (0.8
on court records. per cent); crimes committed against public officers (0.1
per cent); crimes against public morals (0.1 per cent);
Table 6.13. Distribution of cases by whether or not they have case stud- and crimes against public interest (0.1 per cent).
ies in their records
Category No. per cent
With respect to crimes against persons, homicide (40.9
With case study 82 11.6
per cent), physical injuries (31.3 per cent), and murder
Without case study 593 84.0
Not Indicated 31 4.4
(26.1 per cent) were the most common charge against
Total 706 100.0 the children. For violation of ordinances, 61.2 per cent
of the charges involved peddling. Most common special
laws violated include unlawful possession of explosives
CRIMES CHARGED and firearms (35.1 per cent); gambling (27.8 per cent)
Although there were only 706 children, the total num- and possession of deadly weapon (17.5 per cent).
ber of criminal cases tabulated reached 758. Some of
the children had two or more criminal charges filed Drug-related offences include use of rugby, which is a
against them. violation of a presidential decree, and possession and/or
use of drugs, which is a violation of a Republic Act
Court records showed that an overwhelming number amended in 2002.374 In sex-related offences, children
(37.9 per cent) of the criminal charges against the were often charged with the crime of rape (63.6 per
children involved crimes against property, specifically: cent) and acts of lasciviousness (24.2 per cent).

Table 6.14. Distribution of cases by type of crime

Type of Crime No. % Type of Crime No. %
Against Property Drug-Related Offences 17 17.5
- Theft/Snatching/Shoplifting 136 47.4 - Rugby [PD 1619] 38 39.2
- Robbery 129 44.9 - Possessions of Drugs/Drug Use [RA
42 43.3
9165]
- Qualified Theft 6 2.1
Subtotal 97 (12.8%) 100.0
- Malicious Mischief/Vandalism 6 2.1
Sex-Related Offence
- Estafa 5 1.7
- Rape 21
Subtotal 287 (37.9%) 100.0
- Acts of Lasciviousness [Article 366] 8
Against Persons
- Child Abuse [RA 7610] 2
- Homicide [Attempted/Frustrated] 47 40.9
- Consented Abduction 2
- Physical Injuries [Serious/Less
36 31.3 Subtotal 33 (4.4%)
Serious/Slight]
- Murder [Attempted/Frustrated] 30 26.1 Against Security
- Maltreatment 1 0.9 - Grave Threats 4
- Tumultuous Affray 1 0.9 - Trespassing 3
Subtotal 115 (15.2%) 100.0 - Unjust Vexation 2
Ordinance 16 15.5 Subtotal 9 (1.2%)
- Peddling 63 61.2 Against Public Order
- Breach of Peace [Violation of Section - Alarms & Scandals/Disturbance Of
8 7.8 6
844, RO] Peace/Public Disorders
- Resisting Arrest [Violation of Section - Direct Assault 1
8 7.8
887, RO] - Resistance & Disobedience to an Agent
- No Permit [Section 1119 Revised 1
3 2.9 of a Person in Authority
Ordinance]
Subtotal 8 (1.1%)
- Drinking Along Sidewalk 2 1.9
Quasi-Offences
- Anti-Tattoo 1 1.0
- Reckless Imprudence 6
- Loitering 1 1.0
Subtotal 6 (0.8)
- Unlawful Operation of Pedicab [Viola-
1 1.0 Committed By Public Officers
tion of Section 7735]
Subtotal 103 (13.6%) 100.0 - Extortion (Bribery) 1
Special Laws Subtotal 1 (0.1%)
- Unlawful Possession Of Firearms/Explo- Against Public Moral
34 35.1
sives [PD 1866 as Amended] - Selling & Exhibiting Pornographic
1
- Gambling [PD 603] 27 27.8 Materials
- Possession of Deadly Weapon 17 17.5 Subtotal 1 (0.1%)
- Deadly Arrow [RA 3553] 4 4.1 Against Public Interest
- Anti-Carnapping Act [RA 6539] 4 4.1 - Perjury 1
- Anti-Hazing Law [RA 8049] 2 2.1 Subtotal 1 (0.1%)
- Driving Without License [RA 4136] 2 2.1 Total 758 100%
- Obstruction of Justice [PD 1829] 2 2.1
Others 5 5.0
Subtotal 97 (12.8%) 100.0

Of the 35 children interviewed for the case study, 21 Table 6.15. Distribution of female children by type of crime
(60 per cent) were charged with commission of crimes Type of crimes No.
Property 28
against property, particularly theft and robbery. Five
Drug-Related 23
were accused of a sex-related offence, particularly rape;
Ordinance 10
four were charged with drug-related offences; two were Gambling 3
charged with murder; one with possession of a deadly Persons 2
weapon; and one kidnapping. One interviewee did not Sex-related 1
indicate an answer. Total 67
With respect to female children, the most common

Of the 706 children, there were only eight children
violations they were charged with after crimes against
with case records that indicate a commission of a
property (28 out of 67) were drug-related offences (23
previous offence, four children previously committed
out of 67) and violations of ordinances (10 out of 67;
malicious mischief or vandalism; three cases, alarms
see Figure 6.9 and Table 6.15). There were only few
and scandal and disturbance of the peace; and one case
cases of gambling, crimes against persons, and sex-re-
of unlawful operation of a pedicab.
lated offences. Compared with the general profile of
the children, it appears that female children in conflict Comparing this information with previous data col-
with the law are seldom charged with crimes against lected, the UP Law Center 375 project, which covered
persons and violations of special laws, which include 323 cases also showed that most of the offences com-
unlawful possession of explosives and firearms, gam- mitted were against property (46.1 per cent), followed
bling and possession of deadly weapon. by violation of ordinances (20.4 per cent) and crimes
against public morals (10.2 per cent). The Camp
Figure 6.9. Sampaguita and Correctional Institute for Women
Charges filed against female children survey (1993) wherein 51 children were interviewed
also showed that crimes against property (43.14 per
41.8 Property
45 cent) were the most often committed by the children
40 34.3 Drug-related
35 detained there. However, this was followed by crimes
30 Ordinance
25
against persons (31.37 per cent) and violations of
% Gambling
20
15
14.9
special laws (11.76 per cent).376 This was confirmed by
Persons
10 4.5 3 1.5
the PAYO survey, which also indicated that the crimes
5 Sex-related
0 against persons (21.1 per cent) and violations of special
laws (19.3 per cent) were the most common charges
against the children.377 Based on the information filed,
the children were detained, both during trial and after
the case has already been decided, for violations of
crimes against properties, persons and special laws.
This is explained by the fact, as shown by the present
project, that these were the most common charges filed
against children.

TYPE OF DRUGS (1.2 per cent); toiletries (0.9 per cent); street signs (0.47
Of the 97 cases of drug-related offences, 94 indicated per cent); lights (0.47 per cent); and CDs and cassette
the type of drugs used (see Figure 6.10 and Table 6.16). tapes (0.23 per cent).
Half (51.1 per cent) of the children charged involved
the drug shabu378; 40.4 per cent rugby; and a small
Figure 6.11.
percentage (8.5 per cent) involved marijuana. In these
Items Stolen
offences, the children were charged with use, possession
or sale of said drugs.
20 14.6 12.7
11.3 11.3 11
Figure 6.10. 8.9
Type of drugs % 10 5.6 4.5 4.5
3.8 2.8 2.6 2.6 1.2 0.9
0.7 0.47 0.47 0.2
51.1 0
60
40.4
50 Cell Phone Clothes/Shoes Bag
40 Wallet Jewelry Accessories
% 30 Grocery Items Gadgets/Electronic Tools
8.5 Accessories
20
Important Documents Scrap Metals Appliances
10
Car/Vehicle Parts Animals Toiletries/Cosmetics
0
CD/Cassette Tape Lights Street Signs
Shabu Toluene (Rugby) Marijuana
Battery
Table 6.16. Distribution of children with drug-related offences by

type of drugs commonly used
Type of drugs No. per cent Table 6.17. Types of items stolen
1 Shabu 48 51.1
Item stolen No. per cent
2 Toluene (rugby) 38 40.4 Cell phone 62 14.6
3 Marijuana 8 8.5
Clothes/ Shoes 54 12.7
Total 94 100.0
Bag 48 11.3
Wallet 48 11.3
Jewelry 47 11
ITEMS ALLEGEDLY STOLEN
Accessories 38 8.9
Of the 426 items stolen, the most common item was Grocery items 24 5.6
the cell phone (14.6 per cent) followed by clothes and Gadgets/ Electronic accessories 19 4.5
shoes (12.7 per cent); wallets (11.3 per cent); bags Tools 19 4.5
(11.3 per cent); jewelry (11 per cent); and accessories Important documents 16 3.8
(8.9 per cent; see Figure 6.11 and Table 6.17). Other Scrap metals 12 2.8
items stolen include the following: grocery items (5.6 Appliances 11 2.6
Car/ Vehicle parts 11 2.6
per cent); tools (4.5 per cent); gadgets and electronic
Others 21 4.9
accessories (4.5 per cent); important documents (3.8 Total 426 100.0
per cent); scrap metal (2.8 per cent); appliances (2.6
per cent); car and vehicle parts (2.6 per cent); animals

TYPES OF WEAPONS Table 6.19. Distribution of cases of crimes against persons where the
complainant is a child
In 55 cases of possession of weapons, 51 indicated the Category No. per cent
specific weapon used. More than one third (18 out of Complainant is a child 34 4.8
51) have fan knives, followed by guns and ammunitions Complainant is not a child 250 35.4
(16 out of 51) and sumpak (homemade gun; 11 out of Not Indicated 422 59.8
Total 706 100.0
51). Other weapons owned were “pill box” (homemade
bomb), ice pick, and arrowheads and slings (See Figure Of the 32 sex-related offences, 29 had complainants
6.12 and Table 6.18). who were children, which represent 90.6 per cent of the
total number of complainants in sex-related offences
Figure 6.12. (see Table 6.20).
Deadly Weapon
Table 6.20. Distribution of cases involving sex offences where the
40 35.3 Sumpak complainant is a child
31.4 Category No. per cent
35
Fan Knife
30 Complainant is a child 29 4.1
21.5
25 Ice Pick
Complainant is not a child 240 34.0
% 20
Arrow Head/Sling Not Indicated 437 61.9
15
7.8
10 Guns/Ammo Total 706 100.0
2 2
5 Pillbox
0
TYPE OF WEAPON
AREAS OF COMMISSION
Out of 706 children, 705 had case records that indi-
Table 6.18. Distribution of cases of children with weapons by type cate the specific area of commission of the offence (see
of weapon Table 6.21).
Type of weapon No.
Fan knife 18 As stated before, 80 per cent of the children covered
Guns/ Ammunition 16
by the cases were charged in Quezon City (40.1 per
Sumpak 11
cent) and Manila (39.9 per cent). For Caloocan (11
Pillbox 4
per cent), the children involved were only one fourth
Ice Pick 1
Arrowhead/ Sling 1
(1/4) compared with the children charged in Quezon
Total 51 City and Manila. The remaining children were charged
in Parañaque (6.2 per cent) and Pasay (2.7 per cent).
COMPLAINANTS
Of the 115 cases involving crimes against persons, re-
cords show that in 34 cases, the complainants were also
children, representing 30 per cent of the total number
of complainants in these cases (see Table 6.19).

Table 6.21. Distribution of cases by city and area

City/Area No. per cent City/Area No. per cent
Manila Greater Lagro 13 4.3
Sta. Mesa 7 2.5 Balintawak 16 5.3
San Miguel 2 0.7 Payatas 8 2.6
Tondo 76 26.7 Novaliches 33 10.9
Intramuros 4 1.4 Mariana 2 0.7
Quiapo 25 8.8 Frrisco 2 0.7
Sta. Cruz 43 15.1 Brgy. South Triangle 3 1
Malate 19 6.7 Brgy. Immaculate Concepcion 2 0.7
Ermita 17 6.0 Project 7 4 1.3
Paco 7 2.5 Tatalon 16 5.3
Sampaloc 21 7.4 Brgy. Sta. Cruz 7 2.3
Pandacan 9 3.2 Brgy. Culiat 0 0
Tayuman 1 0.4 Brgy. Bago-Bantay 2 0.7
Binondo 24 8.4 Brgy. Sta. Teresita 1 0.3
San Andres 8 2.8 Brgy. Bagong Silangan 0 0
Sta. Ana 10 3.5 Pag-Asa 1 0.3
Port Area 2 0.7 Pasong-Tamo 5 1.6
Muntinlupa 1 0.4 Brgy. Paraiso 2 0.7
Taguig 2 0.7 Project 8 13 4.3
Indang, Cavite 1 0.4 Roxas Distrtict 3 1
Avenida 5 1.8 Commonwealth 5 1.6
Dapitan 1 0.4 Diliman 5 1.6
Total 285 100.0 Total 304 100
Quezon City Caloocan
Brgy. Holy Spirit 16 5.3 Bagong Barrio 5 6.8
Brgy. Kaligayahan 2 0.7 Tala 5 6.8
Brgy. Maharlika 3 1 Monumento 6 8.2
Brgy. Pinyahan 6 2 Grace Park 12 16.4
Philcoa 4 1.3 Maypajo 3 4.1
La Loma 2 0.7 Soldier Hills 1 1.4
Cubao 76 25 Dagohoy 2 2.7
Project 2 10 3.3 Libis 1 1.4
San Jose 2 0.7 Dagat-Dagatan 7 9.6
Brgy. Baesa 11 3.6 Sangandaan 1 1.4
Brgy. Bungad 2 0.7 Bagbaguin 1 1.4
Pansol 1 0.3 Rizal Avenue 1 1.4
Talipapa 3 1 Camarin 4 5.5
Minadanao Avenue 3 1 Bunker’s Ville 1 1.4
Tandang Sora 3 1 Bagong Silang 10 13.7
Krus Na Ligas 4 1 Bmc 1 1.4
Batasan Hills 8 2.6 Kaybiga 2 2.7
Project 4 5 1.6 Kabulusan 1 1.4

Table 6.21. (Continuation) (5.3 per cent); Tatalon (5.3 per cent); Project 8 (4.3
City/Area No. per cent per cent) and Greater Lagro (4.3 per cent) were the top
P. Zamora 2 2.7
five areas. In Caloocan, the areas were in: Grace Park
Dela Costa 1 1.4
(16.4 per cent); Bagong Silang (13.7 per cent); Dagat-
Samson Road 1 1.4
Dagatan (9.6 per cent); Monumento (8.2 per cent);
Daang-Bakal 2 2.7
Torsillo 3 4.1
and Bagong Barrio (6.8 per cent) and Tala (6.8 per
Total 73 100 cent). For Parañaque, offences were often committed
Parañaque in Baclaran (16.7 per cent); Daughters (10 per cent);
Daughters 3 10 BF Homes (6.7 per cent); Better Living (6.7 per cent);
Tambo 1 3.3 and Evacom (6.7 per cent). In Pasay, Malibay (28.6
Kabihasnan 3 10 per cent), Dolores Street (14.3 per cent) and Rotonda
Sucat 6 20 (14.3 per cent) were the most common areas.
Baclaran 5 16.7
BfF Homes 2 6.7 The percentages in each specific area presented were
Better Living 3 10 based on the total number of incidence committed in
Sitio Fatima 2 6.7
the city where it is located.
San Isidro 1 3.3
Sun Valley 1 3.3 In the UP Law Center project,379 Tondo, Quiapo and
San Antonio 1 3.3
Ermita were found to be the place where crimes were
Evacom 2 6.7
often committed in Manila. Showing the same result
Total 30 100
as the present project, Cubao was the place where the
Pasay
Malibay 4 28.6
occurrence of crime was most likely in Quezon City;
EDSA 1 7.1 in Pasay, it is in Malibay and Libertad. In Caloocan,
Tramo 1 7.1 1st to 12th Avenues were shown to be the place where
Balagtas 1 7.1 crimes were most likely to be committed.
Dolores Street 2 14.3
Villamor Airbase 1 7.1
Merville 1 7.1 PLACES OF COMMISSION
Rotonda 2 14.3 Based on court records, more than half of the children
Makati City 1 7.1 (58.9 per cent) allegedly committed the offence in the
Total 14 100.0
streets; 22 per cent in the house of other people or
buildings; 14.7 per cent in stores, malls or markets; 2.4
In Manila, the top five areas where the offence took per cent inside their own houses; 1.8 per cent in jeeps
place were: Tondo (26.7 per cent); Sta. Cruz (15.1 per and 0.1 per cent did not indicate the specific place of
cent); Quiapo (8.8 per cent); Binondo (8.4 per cent); commission (see Figure 6.13 and Table 6.22).
and Sampaloc (7.4 per cent). In Quezon City, Cubao
(25 per cent); Novaliches (10.9 per cent); Balintawak

Figure 6.13. Of the children with co-accused, 26 had court records

Place where crime was committed that indicated the blood relationship of the child with
the co-accused (see Figure 6.15 and Table 6.23). More
58.9
than one-third (34.6 per cent) of the children were
60
charged together with their brother; 30.8 per cent with
%
40
22 their cousin; 11.5 per cent with their father; 11.5 per
14.7
20 2.4 1.8 0.1
cent with their mother; 7.7 per cent with their sister;
0
and 3.8 per cent of the children were charged with
their entire family.
Street Other’s House/Building
Store/Mall/Market Own Residence
Jeep Not Indicated
Figure 6.15.
Relationship of co-accused to the child
Table 6.22. Distribution of cases by place where crime was commited
34.6
Place where crime was committed No. per cent 30.8 Father
35
Street 416 58.9 30 Brother
Other’s House/ Building 155 22.0 25
Cousin
Store/Mall/Market 104 14.7 20
%
11.5 11.5 Mother
Own Residence 17 2.4 15
7.7
10
3.8
Sister
Jeep 13 1.8
5 Entire Family
Not Indicated 1 0.1
0
Total 706 100.0
CO-ACCUSED Table 6.23. Distribution of cases with co-accused by the relationship

of the co-accused with the child
Of the 706 children charged, 290 or 41% had a Co-accused’s relationship with the child No. per cent
co-accused. In 92 per cent of the 290 children, the co- Brother 9 34.6
accused were also children, 6 per cent both adults and Cousin 8 30.8
children and 2 per cent adults only (see Figure 6.14). Father 3 11.5
Mother 3 11.5
Sister 2 7.7
Figure 6.14. Entire family 1 3.8
CICL with co-accused Total 26 100.0
58.9
60
The UP Law Center (1981) project380 revealed similar
40
%
22
14.7
results: 51.08 per cent of the children committed their
20 2.4 1.8 0.1 offences alone; 24 per cent did it with other children.
0 A small portion (9.5 per cent) had adult companions
Street Other’s House/Building while 7.69 per cent had both children and adult co-
Store/Mall/Market Own Residence accused.
Jeep Not Indicated

ARRESTING OFFICERS Of the 35 children interviewed for the case studies,

Out of 706 children, 689 had court records that 18 were arrested by police officers; 11 by barangay
indicated the person who arrested them. Majority of tanods or chairpersons; two by private citizens; one by
the children (64.2 per cent) were arrested by police a security guard; one by the parents of the child; and
officers, followed by the barangay tanods (18.7 per one child voluntarily surrendered. One interviewee did
cent; see Figure 6.16 and Table 6.24). The rest were not indicate the person that made the arrest.
arrested by civilian security guards (6.1 per cent); the
victims themselves (4.4 per cent); witnesses (3.5 per
STATUS OF THE CASE
cent); store representatives (1.3 per cent); relatives of
the victim (0.9 per cent); voluntary surrender by chil- At the time the research was conducted, almost one-
dren (0.3 per cent); and the relative of the offender third (26.3 per cent) of the cases were scheduled for
(0.1 per cent). arraignment (see Figure 6.17). The other third (26.2
per cent) of the cases were in the trial stage, where either
the prosecution or defence is presenting evidence, and
Figure 6.16. 18.3 per cent were in the pre-trial stage, either sched-
Arresting officers uled for pre-trial, undergoing pre-trial or the pre-trial
s 70 64.2 Police Officers had just ended.381 A small percentage (8.9 per cent)
60 Barangay Tanods of the children had pending warrants of arrest. Almost
50
Victim four per cent (3.8 per cent) of the cases were already
Civilian/Security Guard decided and 2.1 per cent were scheduled to be decided;
40
% Store Representative 3.7 per cent were in the preliminary investigation
30
18.7
Witness
stage;382 1.7 per cent were undergoing the diversion
20 Relative
process; and 0.6 per cent had been archived. The rest
Relative of Victim
10 4.4 6.1 of the children’s case records (8.4 per cent) did not
1.9 3.5 0.1 0.9 0.3
Voluntarily Surrendered
0 indicate the status of the case.
Figure 6.17.
Table 6.24. Distribution of cases by arresting officer Status of the case
Arresting officer No. per cent
1 Police Officers 442 62.6 For Arraign-
30 ment
2 Barangay Tanods 129 18.3 26.3 26.2
Preliminary
3 Victim 30 4.2 25 Investigation
4 Civilian/Security Guard 42 5.9 Pre-Trial
5 Store Representative 13 1.8 20 18.3 Not Indicated
6 Witness 24 3.4 % Trial
7 Relative 1 0.1 15
Decided
8 Relative Of Victim 6 0.8
8.4 8.9 For Decision
10
9 Voluntarily Surrendered 2 0.3 Pending
Not Indicated 17 2.4 3.7 3.8 Warrant
5
Total 706 100.0 2.1 1.7 Diversion
0.6
0 Archived

ARRAIGNMENT: PLEA Table 6.26. Distribution of arraigned cases by length of time between
arrest and arraignment
Of the 219 children who were arraigned and whose Time between arrest
records indicate their plea, 92.7 per cent entered a plea and arraignment No. per cent
(in no. of months)
of not guilty while 7.3 per cent pleaded not guilty (see
0 18 10.1
Table 6.25). 1 49 27.5
2 38 21.3
Table 6.25. Distribution of cases of children who were arraigned and 3 28 15.7
with plea by type of plea
4 10 5.6
Plea No. per cent
5 7 3.9
Guilty 16 7.3
6 7 3.9
Not Guilty 203 92.7
7 5 2.8
Total 219 100.0
8 3 1.7
9 2 1.1
Arraignment: period elapsed from time of arrest to 10 0 -
arraignment 11 3 1.7
12 1 0.5
One hundred seventy eight (178) children who were 13 1 0.5
already arraigned had court records that indicated 14 1 0.5
the dates of their arrest and arraignment. The project 15 2 1.1
computed the difference between the time of arrest 16 1 0.5

17 0 -
and arraignment. Data shows that the majority of the
18 0 -
cases (about 75 per cent) were arraigned three months
19 1 0.5
or less after arrest. In almost one-third (27.5 per cent) 20 1 0.5
of the cases, there was a one month interval between Total 178 100.0
the arrest and arraignment. There was a two-month
interval in 21 per cent of the cases; 15.7 per cent had
Considering that almost 40 per cent of the children
an interval of three months and 10 per cent had less
covered by the study committed the offence at the age
than one month interval. The rest of the cases had
of 17, it is emphasised that the court process be con-
intervals ranging from four months to 20 months (see
ducted as speedily as possible so that the child may be
Table 6.26).
able to enjoy the benefits under the law, ie, diversion
and suspension of sentence. The arraignment must
be scheduled immediately after the arrest and filing
of complaint or information, before the child reaches
the age of 18, so they may still be able to avail of such
benefits when applicable.

COUNSEL
Records show that of the 706 cases of children covered Figure 6.19.
by study, more than half (458 cases, or 65 per cent,) Location of child
had legal counsel. Of this number, almost all (92.1 36.4

40.0 Jail
per cent) were represented by public defenders (see 35.0
29 Parents
Figure 6.18 and Table 6.27). In the UP Law Center 30.0
25.0
Center
project, 81 per cent of the children were provided with 16.7
% 20.0 14.6 Relatives
“de officio” counsel383 and only 2 per cent had their 15.0
At Large
own counsel.384 10.0
2.3
5.0 1 Non-relative
0.0
Figure 6.18.
CICL with counsel Table 6.28. Distribution of cases of children by location
Location No. per cent
92.1 3 DSWD Center 177 36.4
100 2 Parents 141 29.0
1 Jail 71 14.6
% 50 7.9
5 At Large 81 16.7
0 4 Relatives 11 2.3
6 Non-Relative 5 1.0
Public Defender Private Lawyer Total 486 100.0
The majority of the children staying in rehabilitation

Table 6.27. Distribution of cases of children with legal representation
by counsel centres (59.3 per cent) were staying at the Molave
Counsel No. per cent Youth Home in Quezon City, 30.5 per cent at the
Public Defender 422 92.1 Manila Youth Reception Center (MYRC) in the
Private Lawyer 36 7.9
city of Manila; 4 per cent at the National Train-
Total 456 100.0
ing School for Boys (NTSB); 3.4 per cent at the
Marillac Hills-Home for Girls in Muntinlupa City in
LOCATION OF CHILD the southern part of Metro manila; 2.2 per cent at the
The majority of the children (486, or 69 per cent) had Pasay Youth Home; and 0.6 per cent at Kanlungan
court records that indicated their location. The most sa (lap of ) Erma, an NGO-run institution (see Table
number (36.4 per cent) were staying at training and 6.29).
rehabilitation centres run by the DSWD (see Figure
6.19 and Table 6.28). The other third (29 per cent)
of the 486 were in the custody of their parents, either
released on recognizance or the children furnished bail.
The rest were at large (16.7 per cent); detained in jails
(14.6 per cent); staying with relatives (2.3 per cent)
and non-relatives (1 per cent).

Table 6.29. Distribution of cases of children in rehabilitation centres Most of the offences are committed in Quezon City
by centre
and Manila. In Quezon City, the most common areas
Training and rehabilitation centres No. per cent
2 Molave 105 59.3
where crimes are allegedly committed by children are
1 MYRC 54 30.5 in Cubao, Novaliches, Balintawak, Tatalon, Project 8
3 NTSB 7 4.0 and Greater Lagro. In Manila, the common areas are
4 Marillac Hills 6 3.4 in Tondo, Sta. Cruz, Quiapo, Binondo, and Sampaloc.
7 Pasay Youth Home 4 2.2 In Caloocan, it is in Grace Park, Bagong Silang, Da-
6 Kanlungan Sa Erma 1 0.6 gat-Dagatan, Monumento, and Bagong Barrio and
Total 177 100.0
Tala. For Parañaque, offences are often committed
in Baclaran, Daughters, BF Homes, Better Living
SUMMARY OF THE LEGAL PROFILE and Evacom. In Pasay, Malibay, Dolores Street and
The most common criminal charges against the Rotonda are the most common areas.
children involve crimes against property, specifically, The offences are usually committed in the streets, in
robbery; theft; qualified theft; malicious mischief and the house of other people or buildings; and in stores,
estafa. This is followed by crimes against persons; malls or markets.
violation of ordinances; special laws; and drug-related
offences. With respect to female children, the most Children in conflict with the law are often charged
common violations they are charged with after crimes together with a co-accused. The co-accused are also
against property are drug-related offences and viola- children themselves and in some cases, they are already
tions of ordinances. adults or both adult and children. In some cases, the
co-accused are related by blood to the child in conflict
Complainants in the cases against children involving with the law.
crimes against persons and sex-related offences also
include children. Most of the time, children are apprehended by police
officers, followed by barangay officials, specifically the
In cases of drug-related offences, the most common barangay tanod. During arraignment, children often
drugs involved are shabu and rugby. Children are plead not guilty. The interval between the arrest or
charged either with use, possession or sale of prohibited surrender and the date of arraignment is usually from
drugs. In cases of crimes against property, specifically one to three months. Almost all of the children are
theft and robbery, the most common item stolen is the represented by public defenders from the PAO.
cell phone, followed by clothes and shoes, wallets, bags,
jewelry and accessories. In cases involving possession of Most of the children are either staying at DSWD-run
weapons, the most common are fan knives, followed training and rehabilitation centres or are in the custody
by guns and ammunitions, and sumpak. of their parents, relatives or non-relatives, upon release
on recognizance or posting of bail. However, there is a
significant number of children detained in jails.

7 Observance of Laws
This chapter presents the data collected based on relating to children in conflict with the law at all or
the interviews of the different pillars of the criminal there are such ordinances but they are not aware that
justice system with respect to the observance of laws. such ordinances exist (see Table 7.1).
A questionnaire was formulated per pillar depending
on the functions and duties provided by national Of the few barangay ordinances collected and presented
and international laws on the administration of the in the chapter on city and barangay ordinances, it was
criminal justice system on children in conflict with shown that penal ordinances applicable to children
the law. To establish a reasonable length of interview, outnumber non-penal ordinances on children. The few
only selected functions and duties were included in barangay ordinances gathered support the answer of
the questionnaire. majority of the respondents who answered “no” when
asked if they know of any barangay ordinances relating
The responses of 35 children interviewed for the to children in conflict with the law.
case studies were also incorporated in this chapter.
Comparisons were also made between the children’s Table 7.1. Knowledge of barangay ordinances (from 1990 onwards)
responses and the respondents from the five pillars of relating to CICL
Response No. per cent
the criminal justice system.
There are barangay ordinances relat-
42 35.6
ing to CICL
There are no barangay ordinances
57 48.3
Community relating to CICL
Do not know 13 11.0
No Answer 6 5.1
BARANGAY ORDINANCES Total 118 100
As previously mentioned in the preceding chapters,

among the powers of the Sangguniang Barangay, the BARANGAY COUNCIL FOR THE PROTECTION OF
community legislative body, is the power to enact CHILDREN
ordinances that prescribe fines in amounts not Article 87 of P.D. No. 603,385 and Department of
exceeding Php1,000 for violation of barangay or- Interior and Local Government Circulars 90-04,
dinances. Aside from this power, the respondents 94-14 and 96-139 provide for the establishment of
in the community pillar were asked questions as to BCPCs in every barangay. When asked whether there
the exercise of their functions and the provisions is a BCPC in their respective barangays, 48.3 per cent
of the law that are relevant to the protection and of the respondents said “no”, 41.5 per cent said “yes”,
promotion of the rights of children in conflict 6.8 per cent said that they “do not know”, and 3.4 per
with the law. cent did not give an answer (see Table 7.2).
When the 118 respondents were asked if they know
Table 7.2. Presence of a BCPC in the barangay
of any barangay ordinance from 1990 onwards that
relates to children in conflict with the law, 48.3 per cent There is a BCPC in the barangay 49 41.5
answered “no”, 35.6 per cent said “yes”, 11.0 per cent There is no BCPC in the barangay 57 48.3
responded that they “do not know”, and 5.1 per cent Do Not Know 8 6.8
did not give an answer. For those who answered “no”, No Answer 4 3.4
either their respective barangays do not have ordinances Total 118 100

Of the 49 respondents who said that a BCPC is present Only 28.8 per cent of the 118 respondents from the
in their barangay, 45 identified the year the BCPCs community pillar said that there is a representative for
were established. An overwhelming majority of the the youth among the BCPC members. Almost 60 per
total number of respondents (73 out of 118), 61.9 per cent (57.6 per cent) did not provide an answer, 3.4 per
cent, did not give an answer, while 13.6 per cent do not cent said that they “do not know,” and 10.2 per cent
remember the year it was established. The rest (24.3 per said there is no representative for the youth among
cent) of the respondents’ answers ranged from 1992 to BCPC members (see Table 7.5). Of the 118 respon-
2002, with most of the BCPCs established in 2002, the dents, 22.9 per cent said that the youth representative
year the research was conducted (see Table 7.3). is below 18, 29.7 per cent said that the representative
is 18 years of age or over, and 70.3 per cent did not
Table 7.3.Year when the BCPC was established in barangays where provide an answer (see Table 7.6).
these are present
Year No. per cent
Table 7.5. Presence of a representative for the youth in the BCPC in
Do Not Remember 16 35.6 barangays where a BCPC is present
1992 1 2.2 Response No. per cent
1994 1 2.2 There is a youth representative in
34 28.8
1998 3 6.7 the BCPC
1999 5 11.1 There is no youth representative in
12 10.2
the BCPC
2000 5 11.1
Do Not Know 4 3.4
2001 5 11.1
No Answer 68 57.6
2002 9 20 Total 118 100
Total 45 100
Table 7.6. Age of the youth representative in the BCPC

An overwhelming majority of the 48 respondents (75 Age of youth representative No. per cent
per cent) said “yes,” 16.7 per cent said that the BCPC Below 18 27 22.9
is “not” functional and 8.3 per cent responded that 18 and Above 8 29.7
No Answer 83 70.3
they “do not know” if the BCPC is functional (see
Total 118 100
Table 7.4).
Table 7.4. Whether or not the BCPC is functional in barangays where When the respondents were asked to specify the com-
a BCPC is present mittees within the BCPC, they only provided general
Response No. per cent answers. There seems to be confusion as to the BCPC
The BCPC is functional 36 75 committees and the general committees found in the
The BCPC is not functional 8 16.7
barangay level, ie, Ways and Means, Infrastructures,
Do Not Know 4 8.3
Total 48 100
or Anti-Drug Abuse Council. Some respondents cited
these general committees as part of BCPC committees.
However, there were a few respondents who said that
the BCPC in their respective communities established
the following child-related committees: child abuse,
protection of children under difficult circumstances,
day care centres and weekly feeding (see Table 7.7).
Chapter 7 • Observance of Laws 121

Table 7.7. Committees within the BCPC Only 11 per cent of the respondents said there is a
Committee No. committee within the BCPC for the protection of
Sports 10
children in especially difficult circumstances, which
Peace and Order 10
also covers children in conflict with the law (see Table
Education Committee 9
Sanggunian Kabataan (Youth Council) 6
7.8). This small number of respondents who answered
Clean and beautification 4 affirmatively may be because there are only a few exist-
Health and sanitation 4 ing committees within the BCPC, if a BCPC has been
Appropriations 3 established at all and if such is functioning.
Free medicine 3
Livelihood 3 Table 7.8. Presence of a Committee for the Protection of Children
Environmental services 2 in Especially Difficult Circumstances/Children in Need of Special
Committee on Children 2 Protection
Committee on Family 2 Response No. per cent

Such committee is present 13 11.0
Women and Family 2
There is no such committee 34 28.8
Ways and Means 2
Do Not Know 5 4.2
Protection of children under difficult circumstances 2
No Answer 66 55.9
Child Abuse 2
Total 118 100
Livelihood 1
Human rights 1
To prevent children from coming into conflict with the
Day care centre 1
law, the respondents cited the following efforts by the
Social services 1
BCPC: sports development; curfew, coordination with
Weekly Feeding 1
Anti-Vending 1
the Sangguniang Kabataan, feeding programmes, pres-
Infrastructure 1 ence of roving tanods, and medical assistance. Other
Rehabilitation 1 respondents refer to policies rather than activities, ie,
Civil Rights 1 protection against abuse and exploitation and protec-
Urban poor 1 tion against drugs (see Table 7.9). The same types of
Economy 1 programmes and policies were cited by the respondents
Welfare 1 when asked about the programmes or steps taken by
Mediation 1
the BCPC to assist parents whose children have be-
Religion 1
havioural problems (see Table 7.10).
Barangay Anti-Drug Abuse Council (BADAC) 1
Emergency/Typhoon Committee 1
Total 81

Table 7.9. Current programmes of the BCPC for the prevention of Table 7.10. Steps/programmes taken by the BCPC for assisting par-
children coming into conflict with law ents and children with behavioural problems
Programme No. Step/Programme No.
Sports development/sportsfest 14 Inform and call parents 7
Medical assistance 5 Awareness raising/Information
5
dissemination/house-to-house
Education/Scholarship 4
Seminar for the parents 4
Curfew, implementation of city ordinance 3
Guidance for children 3
Dialogue 3
Livelihood program 3
Feeding program 3
Monitoring 3
Meet/Talk with parents 3
Refer to social worker/counsellors/DSWD 2
Visibility of barangay tanod and police 3
Scholarship/Education for the child 2
Coordination with the Sangguniang Kabataan 2
Catechism/ Spiritual activities for family 2
Year round effort by the whole community 2
Feeding program 2
Trainings 2
Campaign for parents to have jobs 1
Educational field trips 2
Sports program 1
Information dissemination 2
Bring home to province 1
Gift giving 2
Curfew 1
Activities of religious groups, schools 2
Economic assistance: 5% of appropriation 1
Recreation 1
Total 38
School attendance 1
Day care 1
Amicable settlement 1 HOLDING CELLS
Forward to DSWD 1
Almost half of the 118 respondents (44.1 per cent)
Active SK and non-SK youth org. 1
Protection against abuse, exploitation 1
said there is a holding cell inside their barangays.
Protection against drugs/Out of School Youth 1 However, less than half of these respondents said there
Livelihood 1 is a separate holding cell for children (17.8 per cent)
Discipline the child 1 and separate holding cells for the male and female
Others children (15.3 per cent). This may be explained by
Total 62 the observation during the research that there is usu-
ally only one holding cell in barangay halls (see Tables
7.11 to 7.13).
Table 7.11. Availability of a holding cell [temporary jail until accused is

transferred to the city jail] inside the barangay hall
There is a holding cell 52 44.1
A holding cell is not available 62 52.5
Do Not Know
No Answer 4 3.4
Total 118 100

Table 7.12. Availability of a separate holding cell for CICL by the respondents do not fall into reintegration and
Response 5.12 No. per cent rehabilitation programmes but rather actions to prevent
Separate cell for children is present 21 17.8
children from coming into conflict with the law, such
Children are mixed with adults 56 47.5
as curfew; or responses to the child’s alleged criminal
Do Not Know 1 0.8
No Answer 40 33.9 action, ie, return of child to parents (see Table 7.15).
Total 118 100
Table 7.15. Programme/s for the reintegration/ rehabilitation of CICL
in the community
Table 7.13. Availability of separate holding cells for male and for
female CICL Response No.
Response No. per cent Livelihood programmes/employment 6
Separate cells for male and for Education 5
18 15.3
female CICL are present Placement in rehabilitation/custodial centres 4
There are no separate cells for male
43 36.4 Vocational/Skills training 4
and for female CICL
Community service 4
3 Do Not Know 4 3.4
No Answer 53 44.9 Return the CICL to the custody of the parents 3
Total 118 100 Sports program 3
Dialogue/discussion/counselling with the CICL 3
Curfew 1
REINTEGRATION/REHABILITATION OF CHILDREN Follow-up from parents 1
When asked if their respective barangays have pro- Moral recovery program 1
Personal visitation 1
grammes for the reintegration and rehabilitation of
Conduct of drug testing 1
children in conflict with the law in their community,
Fellowships 1
majority (59.3 per cent) of the respondents said “no,”
Give CICL responsibilities/errands 1
26.3 per cent said “yes,” 11 per cent gave “no answer” Recommend to CADAD/BADAC/Bicutan 1
and 3.4 per cent said that they “do not know” (see Total 40
Table 7.14).
SUMMARY AND ANALYSIS

Table 7.14. Availability of current programme/s for the reintegration/
rehabilitation of CICL in the community Based on the current situation, the community plays
Response No. per cent three roles in the involvement of children with the
There are programmes for
reintegration of CICL
31 26.3 justice system. First, they can be the source of ordi-
There are no programmes for nances that penalise acts that may both be committed
70 59.3
reintegration of CICL
by children and adults or non-penal ordinances that
Do Not Know 4 3.4
benefit children, ie, creation of programmes for the re-
No Answer 13 11.0
Total 118 100 habilitation of children in conflict with the law within
the BCPC. The results of the project show that the
ordinance-making power of the barangay has not been
Programmes cited by the respondents who answered
maximised to benefit children. If ordinances relating
in the affirmative include the following: livelihood,
to children exist at all, it is to prohibit acts and provide
education, placement in rehabilitation centres, skills
penalties for such violations, including imprisonment.
traiing, and community service. Others mentioned
Violation of ordinances is among the most common

offences for which children are charged. Knowledge manifestation of this is the drive to impose a curfew
of existing barangay ordinances that relate to children on children, specifically in the cities covered by this
in conflict with the law is not common among the project. As mentioned above, the role of the com-
respondents. munity extends further with respect to children in
conflict with the law. The establishment of a working
Although the establishment of BCPCs has been BCPC with appropriate programmes that benefit
mandated by law since 1975, there is only a limited children in conflict with the law must be emphasised
number of functional BCPCs in the cities covered by with the community leaders. All pillars refer to the
this project, and with fewer BCPCs with children or community as the level where diversion should occur
youth among its members. Based on the answers of and the community must be able to take on this role
respondents, the committees within the functional with appropriate training not only on laws but also to
BCPCs are the same as the general committees es- the underlying principles of said laws and sensitivity
tablished within the barangay, with programmes on to the needs and situation of children.
children focusing more on sports activities, feeding,
education, livelihood and economic assistance.
Law Enforcement
Second, it is in the community where children are
also apprehended. The community has peace and For the purposes of this project, the law enforcement
order programmes and is part of the law enforcement pillar is represented by the police officers and the ba-
level through the barangay tanods. Aside from police rangay tanods interviewed. barangay tanods perform
officers, children are often apprehended by barangay peace-keeping duties at the community level and ap-
tanods and spend time in holding cells. In each ba- prehend offenders, including children.
rangay hall, there is usually only one holding cell and
children detained spend time in the company of adult
PRESENTATION OF IDENTIFICATION TO CHILD
offenders.
Section 6 of the Rules on Juveniles in Conflict with
Third, it is to the community where children return the Law provides that:
after their apprehension, detention or service of sen-
tence. Results of the project show that there is a lack Any person taking into custody a juvenile in conflict
of established programmes to address the community with the law shall:
reintegration and rehabilitation of children in conflict (a) Identify himself and present proper identifica-
with the law. The appropriateness of community- tion to the juvenile
based reintegration and rehabilitation programmes
cited by the respondents are also questionable, ie, Based on practice, an overwhelming majority of the
curfew, cleaning of the community, drug-testing or barangay tanods (87.9 per cent) and police officers
sports activities. Some respondents even said that the (75.3 per cent) said they identify themselves to the
children are referred back to rehabilitation centres or children (see Table 7.16). The slightly higher number
to their parents. of barangay tanods compared to police officers who
responded in the affirmative may be explained by
The role of the community with respect to maintain- the fact that police officers wear distinctive uniforms
ing peace and order has been emphasised. A concrete

and the latter rely on this for identification. Hence, INFORM CHILD REASON FOR CUSTODY
barangay officers need to identify themselves as such Section 6 of the Rules on Juveniles in Conflict with
compared to police officers. the Law provides that:
However, of the 35 children interviewed for the case Any person taking into custody a juvenile in conflict
study, only 13 said the apprehending officers identified with the law shall:
themselves. Majority (17) said the apprehending of-
Inform the juvenile of the reason for such custody…
ficers did not do so; and five children did not provide
an answer.
An overwhelming number of respondents from the
barangay tanods (81 per cent) and police officers (83.1
Table 7.16. Whether or not the law enforcer introduces him/herself
to the CICL
per cent) said that they informed the children of the
Tanod Police reason for their custody and apprehension. Only a few
Response per per respondents, 5.2 per cent for the barangay tanods and
No. No.
cent cent 10.4 per cent for the police officers, answered “no” to
Introduces one’s self 51 87.9 58 75.3
the response (see Table 7.18).
Does not introduce one’s self 2 3.4 15 19.5
Depends 3 5.2 2 2.6
No Answer 2 3.4 2 2.6 Table 7.18. Whether or not the law enforcer informs the CICL of the
Total 58 100 77 100 reason for his/her apprehension/custody
Tanod Police
Response per per
No. No.
According to the law enforcement officers, identifica- cent cent
tion presented to the child usually include badges or Informs the child of reason for
47 81.0 64 83.1
apprehension/custody
LDs, uniforms, use of oral identification or introduc- Does not inform the child
tion, police hat or patrol, and weapon such as the of reason for apprehension/ 3 5.2 8 10.4
custody
batuta (night stick; see Table 7.17). Few respondents Depends 4 6.9 1 1.3
said they do not need to present an official identifica- No Answer 4 6.9 4 5.2
tion to the child. Total 58 100 77 100
Table 7.17. Official identification presented to the CICL Most of the law enforcement officials said they informed
Identification No.
the child of the reason for the custody or apprehension
Uniform 35
at the time of the arrest, when they also recite the Mi-
ID/badge 68
Proper verbal communication 13
randa doctrine386 (see Table 7.19). Several respondents
No need/none 10
gave such information when the child is already in the
Batuta (night stick) 3 office or the barangay hall, after the arrest, even before
Hat 1 the arrest, before investigation, after introduction with
Patrol 1 the child; or they call the child first.
Total 131

Table 7.19. When the CICL is informed of the reason for his/her In practice, the barangay tanod informs commu-
apprehension/custody
nity officials such as the Barangay Chairperson, other
Response No.
At the time of arrest (Miranda Doctrine) 46
Tanods, and members of the Lupon Tagapamayapa
When child is in the office/barangay hall 7 and the police officers. Individual police officers turn
After arrest/apprehension 5 over the child for investigation to the appropriate po-
Before arrest 5 lice precincts and units within the precincts, whether
During the interview 4 the WCCD or the desk officers in the precincts. Law
Before investigation 2 enforcement officials also inform the DSWD and the
Children already know why we arrest them 1 parents or relatives of the child. Other persons or offices
Call first 1
notified include the following: DILG, Office of the
After introduction 1
Total 72
Prosecutors, neighbours, schools, NGOs; rehabilita-
tion centres, Public Defenders’ Office, hospitals, and
other city officials. One respondent said that he/she
A few of the respondents said that the period they in- also notifies television and radio stations.
formed the child of the reason for their arrest depends
on the situation. However, of the 35 children interviewed for the case
study, majority (17) said the apprehending officers
Of the 35 children interviewed for the case study, did not inform their parents 11 said their parents
majority (17) said the apprehending officers explained were informed, and seven children did not provide
the reasons for their arrest; 13 said that the reason an answer.
for their arrest was not explained to them; and five
children did not provide an answer. With respect to
Table 7.19. Persons and government agencies notified upon contact
their rights, 24 of the 35 children said they were not with CICL
informed of their rights upon arrest; eight said that Persons/agencies notified No. %
they were informed of their rights; and four children DSWD 56 26.4
Police Headquarters/superiors/
did not provide an answer. NBI/NAPoliceCOM
44 20.6
Parents/relatives 37 17.4
Barangay officials 32 15.0
NOTIFICATION OF PARENTS AND GUARDIANS Women and Children’s Concerned
16 7.5
Section 6 of the Rules on Juveniles in Conflict with Desks
Rehabilitation centres 8 3.8
the Law provides that:
NGOs 6 2.8
DILG 5 2.3
Any person taking into custody a juvenile in conflict
Others 9 4.2
with the law shall:
Total 213 100.0
(g) Notify the parents of the juvenile or his nearest
relative or guardian, if any, and the local social
welfare officer as soon as the apprehension is made

PHYSICAL AND MENTAL EXAMINATION dents said that it depends on the following situations:
Section 6 of the Rules on Juveniles in Conflict with behaviour of the child; case to case basis; when the child
the Law provides that: suffers from an obvious mental problem; if needed; if a
drug problem is involved; if requested by the DSWD,
Any person taking into custody a juvenile in conflict courts or relatives of the child; or if recommended by
with the law shall: the government doctors.
…
Of the 35 children interviewed for the case study,
(h) Take the juvenile immediately to an available
majority (24) said that they were referred to health
government or medical or health officer for physical
officers for medical examination; seven said that they
and mental examination. (Emphasis supplied)
were not brought to a health officer; and four children
did not provide an answer.
Article 190 of the Child and Youth Welfare Code,
amended, also provided that:
Table 7.21. Whether or not the CICL is taken to an available govern-
ment medical or health officer for a physical examination
It shall be the duty of the law enforcement agency
Tanod Police
concerned to take the youthful offender, immedi- Response
No. per cent No. per cent
ately after his apprehension, to the proper medical Yes 30 51.7 59 76.6
or health officer for a thorough physical and mental No 16 27.6 3 3.9
examination. Whenever treatment for any physical Depends 9 15.5 8 10.4
No Answer 3 5.2 7 9.1
or mental defect is indicated, steps hall immediately
Total 58 100 77 100
be undertaken to provide the same. (Emphasis
supplied)
Table 7.22. Whether or not the CICL is taken to an available govern-
ment medical or health officer for a mental examination
More than half (51.7 per cent) of the barangay tanods Tanod Police
Response
and a large percentage of police officers (76.6 per No. per cent No. per cent
cent) responded that they take the child to a medical Yes 13 22.4 21 27.3
No 36 62.1 31 40.3
or health officer for a physical examination. However,
Depends 4 6.9 17 22.1
with respect to mental examination, only a small per- No Answer 5 8.6 8 10.4
centage of barangay tanods (22.4 per cent) and police Total 58 100 77 100
officers (27.3 per cent) said they take the child to an
available government or medical or health officer for
Even though the law requires both physical and mental
mental examination.
examination, emphasis has been given to the former
Several barangay tanods and police officers said they in terms of practice. According to some respondents,
only take the child for a physical examination depend- one instance wherein children are brought for mental
ing on the following situations: if the injury is serious or examination is when the child obviously suffers from
obvious, if there are causes for physical injury, depend- mental problems. In practice, the mental examina-
ing on the case committed by the child, depending on tion seems to be more of an exception rather than the
the health of the child, and only when necessary. For a general rule.
child to be taken for mental examination, the respon-

Also, under the Rules on Juveniles in Conflict with given by both the barangay tanods (24.1 per cent) and
the law, the duty to bring the child to the appropriate police officers (37.7 per cent) are lower. This may be
person or agency for mental examination rests upon explained by the observation during the interviews that
the person who takes the child into custody and this is in police stations, there are usually only two cells, one
not limited to police officers. Comparing the responses for males and another for females. In the community,
of the barangay tanods and the police officers, more however, there is usually only one holding cell inside
police officers implement the said provision more than the barangay hall.
the former.
Of the 35 children interviewed for the case study, ma-
jority (22) said they were not detained separately from
DETENTION OF CHILDREN adults, six said they were detained separately, one said
Section 6 of the Rules on Juveniles in Conflict with that at first they were detained together with adults but
the Law provides that: later on separated, and six children did not provide an
answer. An overwhelming majority (28) of the children
Any person taking into custody a juvenile in conflict was detained separately from the opposite sex, two said
with the law shall: they were detained with members of the opposite sex,
… and five did not provide an answer.
(i) Hold the juvenile in secure quarters separate from
that of the opposite sex and adult offenders. Table 7.23. Whether or not the CICL is detained in quarters separate
from those of the opposite sex
Tanod Police
Article 191 of the Child and Youth Welfare Code, Response
No. % No. %
amended, also provided that, a child: Yes 18 31.0 40 51.9
No 11 19.0 17 22.1
“…if unable to furnish bail, shall from the time of Do Not Know 4 6.9 1 1.3
his arrest be committed to the care of the Depart- Do Not Detain
19 32.8 9 11.7
CICL
ment of Social Welfare or the local rehabilitation
No Answer 6 10.3 10 13.0
center or a detention home in the province or city Total 58 100 77 100
which shall be responsible for his appearance in
court whenever required: Provided, That in the Table 7.24. Whether or not the CICL is detained in quarters separate
absence of any such center or agency within a rea- from those of adult offenders
sonable distance from the venue of the trial, the Response
Tanod Police
No. % No. %
provincial, city and municipal jail shall provide
Yes 14 24.1 29 37.7
quarters for youth offenders separate from other No 14 24.1 24 31.2
detainees…” (Emphasis supplied) Do Not Know 3 5.2
Do Not Detain
17 29.3 10 13.0
CICL
When asked if children of the opposite sex are detained
No Answer 10 17.2 14 18.2
in separate quarters, only 31 per cent of the barangay Total 58 100 77 100
tanods and more than half of the police officers (51.9
per cent) replied in the affirmative. Concerning de-
tention of children separate from adults, the figures

TURNOVER OF CHILD Table 7.25. Agency where the CICL is turned over
Agency No.
According to article 191 of the Child and Youth Wel-
DSWD 43
fare Code as amended, a child: Molave/MYRC/Pasay Youth Home/Youth
37
centres
“…held for physical and mental examination or Appropriate precinct/headquarters/PNP 37
trial or pending appeal, if unable to furnish bail, Prosecutor’s Office 14
shall from the time of his arrest be committed to Women and Children’s Concerned Desk 11
the care of the Department of Social Welfare or the Barangay Chair 11

Parents/Home 4
local rehabilitation center or a detention home in
Courts 3
the province or city which shall be responsible for his
Homeowner’s association 1
appearance in court whenever required: Provided, Manila City Hall 1
That in the absence of any such center or agency Total 162
within a reasonable distance from the venue of the
trial, the provincial, city and municipal jail shall
provide quarters for youth offenders separate from INVESTIGATION OF CHILD
other detainees…” More than half of the barangay tanods (51.7 per
cent) and police officers (54.5 per cent) interviewed
Based on the practice of barangay tanods and the conduct investigation of the child. barangay tanods
police officers, children are usually turned over to who answered in the negative (37.9 per cent) said that
the following authorities: DSWD; Youth Detention the following persons or offices conduct the investiga-
Centres, ie, Molave Youth Reception Center, Manila tion instead: police, barangay chairpersons and lupon
Youth Reception Center, or Pasay Youth Home; Po- members, peace and order committee members, or
lice Headquarters; Office of the Prosecutor; and the barangay kagawads. For the police officers, respondents
WCCD. Other places to which or persons to whom said that the investigation, when not conducted by
the child is turned over include the following: parents, them personally, is done by the courts, officers from
homeowner’s associations, courts, barangay chairper- WCCD, police headquarters, commissioned officers,
sons and the Manila City Hall. police officers from the Criminal Investigation Division
and the precinct officers.
Based on the interviews, the following practice ap-
pears: once a barangay tanod arrests a child, the child There were a few barangay tanods (6.9 per cent) who
is brought to the barangay hall for documentation. The said that they only investigate a child depending on
child is then brought to the police station or a police the following situations: when such order is given by
officer is summoned to the barangay hall to bring the barangay chairperson, when the chairperson is not
the child to the police station. In the course of these available, when the barangay tanods executive officer
proceedings, the barangay tanod usually informs the is not available, or when it is the shift of the barangay
family or relatives of the child and they accompany tanod. For the few police officers, they said that they
the child to the police station. When in the custody of conduct the investigation only when the Women’s Desk
the police, the child is then brought to the appropriate is not available and only when the child has a lawyer.
person or agency for physical and mental examination
as abovementioned.

Table 7.26. Whether or not the law enforcer conducts investigation Only 27.6 per cent of barangay tanods and 19.5 per
of the child
centof police officers conduct investigation alone with
Tanod Police
Response
No. per cent No. per cent the child. In this practice, the figure is higher for ba-
Yes 30 51.7 42 54.5 rangay tanods. During the investigation, children are
No 22 37.9 27 35.1 usually accompanied by their parents according to the
Depends 4 6.9 2 2.6
barangay tanods (81 per cent) and the police officers
No Answer 2 3.4 6 7.8
Total 58 100 77 100
(70.1 per cent). After the children’s parents, children are
usually accompanied by their relatives (32.8 per cent)
when being investigated by the barangay tanods, unlike
Of the 35 children interviewed for the case study, 15 in the police level where the children are accompanied
children said that the investigating officers explained by their guardians (31.2 per cent).
the nature of their offence; 14 children said that the
nature of the offence was not explained to them; and Table 7.27. Whether or not the law enforcer conducts investigation
six children did not provide an answer. Majority (23) alone with the CICL
of the 35 children said that the investigating officers Response
Tanod Police
did not inform them of their rights; eight children No. per cent No. per cent
Yes 16 27.6 15 19.5
said that they were informed of their rights; and four
No 15 25.9 28 36.4
children did not specify an answer. Depends 6 10.3 4 5.2
No Answer 21 36.2 30 39.0
Total 58 100 77 100
PERSON ACCOMPANYING THE CHILD
Section 8 of the Rules on Juveniles in Conflict with
Under the law, children are required to be accompanied
the Law provides that:
by their parents or guardians and lawyers during initial
The police officer conducting the initial investigation investigation by a police officer. Of the 35 children
of a juvenile in conflict with the law shall do so in interviewed for the case study, ten said lawyers assisted
the presence of either of the parents of the juvenile; them; 29 said they were not; and six children did not
in the absence of both parents, the guardian or the provide an answer.
nearest relative, or a social welfare officer, and the
counsel of his own choice. In their presence, the ju- Table 7.28. Person who usually accompanies the CICL during inves-
tigation
venile shall be informed of his constitutional rights Tanod Police
during custodial investigation. Person
Parents 47 81.0 54 70.1
The right of the juvenile to privacy shall be protected Guardians 14 24.1 24 31.2
at all times. All measures necessary to promote this Relative 19 32.8 15 19.5
right shall be taken, including the exclusion of the Social Welfare
5 8.6 12 15.6
Officer
media.
CICL’s Lawyer 1 1.7 6 7.8
None 6 10.3 16 20.8

FINGERPRINTS AND PHOTOGRAPHS Table 7.29. Whether or not the law enforcer gets the child’s finger-
prints
Section 9 of the Rules on Juveniles in Conflict with Tanod Police
Response
the Law provides that: No. per cent No. per cent
Yes 3 5.2 42 54.5
While under investigation, no juvenile in conflict No 51 87.9 25 32.5
with the law shall be fingerprinted or photographed Do Not Know 2 3.4 2 2.6
No Answer 2 3.4 8 10.4
in a humiliating and degrading manner. The
Total 58 100 77 100
following guidelines shall be observed when finger-
printing or photographing the juvenile:
Table 7.30. Whether or not the fingerprint files of CICL are kept
separate from those of adults
(a) His fingerprint and photograph files shall be
Tanod Police
kept separate from those of adults and shall be kept Response
confidential. They may be inspected by law enforce- Yes 1 1.7 21 27.3
ment officers only when necessary for the discharge of No 2 3.4 17 22.1
their duties and upon prior authority of the Family Do Not Know 1 1.7 3 3.9
No Answer 54 93.1 36 46.8
Court;
Total 58 100 77 100
(b) His fingerprints and photographs shall be re-
moved from the files and destroyed: (1) if the case
With respect to taking the pictures of children, only
against him is not filed, or is dismissed; or (2) when
a small number of barangay tanods (5.2 per cent)
the juvenile reaches twenty one (21) years of age and
responded that their officers take the photographs of
there is no record that he committed an offence after
children. Taking the pictures of persons arrested do
reaching eighteen (18) years of age.
not seem to be a practice within the community level
with some respondents saying that they do not have
Of the 35 children interviewed for the case study,
the resources to do so. More than half of police officers
22 children were fingerprinted and 18 were photo-
(54.5 per cent) responded that their offices take the
graphed.
photograph of children. However, only half (24.7 per
Only a very small number of barangay tanods (5.2 per cent) said that the photograph files of children are kept
cent) fingerprint children compared with more than separate from adults.
half of police officers (54.5 per cent) who said that
their office fingerprint children. The practice of fin- Table 7.31. Whether or not the law enforcement office photographs
CICL
gerprinting children is more common with the police. B. Police
However, when asked if fingerprint files of children are Response
kept separate from those of adults, the figures become Yes 6 10.3 42 54.5
smaller, with only 1.7 per cent of barangay tanods and No 48 82.8 23 29.9
Do Not Know 3 3.9
27.3 per cent of police officers saying that the finger-
No Answer 4 6.9 9 11.7
print files of children are kept separate from adults. Total 58 100 77 100

Table 7.32. Whether or not the photograph files of CICL are kept Table 7.34. Whether or not the law enforcement office remove and
separate from those of adults destroy the fingerprints/photograph files when the CICL reaches 21
Tanod Police years of age and there is no record that he committed an offence
Response after reaching 18 years of age
Yes 2 3.4 19 24.7 Tanod Police
Response
No 4 6.9 26 33.8
Yes 1 1.3
Do Not Know 3 3.9
No 6 10.3 32 41.6
No Answer 52 89.7 29 37.7
Do Not Know 2 1.7 10 13.0
Total 58 100 77 100
No Answer 51 87.9 34 44.2
Total 58 100 77 100
Based on the answers of both the barangay tanods
and police officers, the removal and destruction of
RECORD-KEEPING
fingerprints and photograph files of children, if the
case against the child is not filed or dismissed or when Section 36 of the Rules on Juveniles in Conflict with
the child reaches the age of 21; and there is no record the Law provides that:
that he committed an offence when 18 years of age
All proceedings and records involving juveniles in conflict
is reached, is not practised in both the community
with the law from initial contact until final disposi-
and the law enforcement level. Only 1.7 per cent of
tion of the case by the Family Court shall be considered
barangay tanods and 6.5 per cent police officers said
privileged and confidential…
that their offices remove and destroy fingerprint and
photograph files of children if the case against the The Family Court shall take other measures to protect
child is not filed or dismissed. Only 1.3 per cent of this confidentiality of proceedings including non-dis-
police officers said that their offices remove and destroy closure of records to the media, the maintenance of a
fingerprint and photograph files of children when the separate police blotter for cases involving juveniles in
child reaches the age of 21 and there is no record that conflict with the law and the adoption of a system of
he committed an offence when reached the 18 years coding to conceal material information, which will
of age. lead to the juveniles’ identity.
Table 7.33. Whether or not the law enforcement office removes and In practice, only a few offices where respondent baran-
destroys the fingerprint or photograph files if the case against the
gay tanods and police officers work keep the blotters
CICL is not filed or dismissed
Tanod Police
and records separate for children in conflict with the
Response law. Only 13.8 per cent of barangay tanods and 33.8
Yes 1 1.7 5 6.5 per cent police officers said that their offices keep
No 4 6.9 33 42.9 separate blotters and only 15.5 per cent of barangay
Do Not Know 1 1.7 9 11.7
tanods and 33.8 per cent of police officers said their
No Answer 52 89.7 30 39.0
Total 58 100 77 100 officers keep separate records. The number of police
officers who said their offices keep separate records
and blotters for children is slightly higher than that of
barangay tanods.

Table 7.35. Whether or not the law enforcement office keeps sepa- exception rather than the general rule. Also, under the
rate blotters for CICL
Rules on Juveniles in Conflict with the law, the duty to
Tanod Police
Response
No. per cent No. per cent bring the child to the appropriate person or agency for
Yes 8 13.8 26 33.8 mental examination rests upon the person who takes
No 46 79.3 34 44.2 the child in custody and this is not limited to police
Do Not Know 3 3.9
officers. Comparing the responses of the barangay
No Answer 4 6.9 14 18.2
Total 58 100 77 100
tanods and the police officers, the latter implements
said provision more than the former.
Table 7.36. Whether or not the law enforcement office keeps sepa-
rate records for CICL
In police precincts, majority of the respondents said
Tanod Police children are detained in quarters separate from that
Response
No. per cent No. per cent of the opposite sex. However, with respect to separate
Yes 9 15.5 26 33.8 detention of children from adults, the figure is much
No 44 75.9 34 44.2
lower. Compared with the responses of police officers,
Do Not Know 1 1.7 3 3.9
No Answer 4 6.9 14 18.2
barangay tanods gave a much lower figure when asked
Total 58 100 77 100 if children are detained separately from the opposite sex
and from adults. This may be explained by the observa-
tion during the interviews that in police stations, there
SUMMARY AND ANALYSIS are usually only two cells, one for arrested males and the
An overwhelming majority of law enforcement officers, other for females. In the community, there is usually
both barangay tanods and police officers, identify only one holding cell inside the barangay hall.
themselves as such to children upon arrest. They also
present identification, ie, ID or badges, and usually Majority of the children interviewed were not detained
wear their uniforms. At the time of arrest, they inform in quarters separate from adults and there were a few
the child as to the reasons for the arrest. After which, children detained with members of the opposite sex.
the law enforcement officers notify the DSWD, police,
Based on the practice of barangay tanods and police
parents, barangay officials and the WCCD. However,
officers, children are usually turned over to the fol-
interview with the children revealed that although the
lowing authorities: DSWD; youth detention centres
reason for their arrest were explained to majority of
such as the Molave Youth Reception Center, Manila
them, the majority of the apprehending officers did not
Youth Reception Center, or the Pasay Youth Home;
identify themselves as such and most of the children
police headquarters; Office of the Prosecutor; and the
were not informed of their rights.
WCCD. Other places to which or persons to whom
Even though both physical and mental examination the child is turned over include the following: parents,
are required by law, in practice, emphasis has been homeowner’s association, courts; barangay chair and
given to the former. In fact, majority of the children Manila City Hall.
interviewed were brought to the appropriate persons
Based on the interviews, the following practice ap-
or agencies for medical examination. It is only in ob-
pears: once a barangay tanod arrests a child, the child
vious cases, ie, child is evidently mentally challenged,
is brought to the barangay hall for documentation. The
wherein children are brought for mental examination.
child is then brought to the police station or a police
In practice, mental examination seems to be more of an

officer is summoned to the barangay hall to bring that the photograph files of children are kept separate
the child to the police station. In the course of these from adults.
proceedings, the barangay tanod, usually informs the
family or the relatives of the child and they accompany Based on the answers of both barangay tanods and
the child to the police station. When in the custody of police officers, the removal and destruction of fin-
the police, the child is then brought to the appropriate gerprint and photograph files of children, if the case
person or agency for physical and mental examination against the child is not filed or dismissed or when
as abovementioned. the child reaches the age of 21 and there is no record
that he committed an offence when 18 years of age is
Despite the rule to the contrary, there are a number of reached, is rarely practised in both the community and
barangay tanods and police officers who conduct inves- law enforcement level.
tigations alone with the child and the figure is higher
for barangay tanods. Majority of the respondents, Only few offices, where respondent barangay tanods
however, said that they conduct the investigation of and police officers work, keep the blotters and records
the child in the presence of another person. Children separate for children in conflict with the law. The num-
are usually accompanied by their parents followed by ber of police officers who said that their offices keep
relatives in cases wherein the investigation is being separate records and blotters for children is slightly
conducted by the barangay tanods; and by guardians higher than that of barangay tanods.
when it is done by police officers. Although required by
Comparing the answers of the police officers and
law, the investigation of children is usually conducted
barangay tanods, more police officers implement the
without the presence of a lawyer.
provisions of the law than the latter – from informing
Only a very small number of barangay tanods fin- the children the reason for their custody, taking the
gerprint children compared with more than half of child to the appropriate agencies for physical and men-
the respondent police officers. The practice of finger- tal examination, detaining children in quarters separate
printing children is more common with the police. from adults and that of the opposite sex, investigating
However, when asked if fingerprint files of children the child in the presence of another person, and pro-
are kept separate from those of adults, the figures viding separate blotters and records for children. This
become smaller, both with the barangay tanods and is because police officers receive more training on the
with police officers. legalities of apprehension and the rules that should
be followed when apprehending persons, especially
With respect to taking the pictures of children, only a children, compared to barangay tanods. As barangay
small number of barangay tanods responded that their tanods also come into direct contact with children
officers take the photographs of children. Taking the in conflict with the law and they are sometimes the
pictures of persons arrested do not seem to be a prac- first contact that the child has in the criminal justice
tice within the community level with some barangay system, focus should be given to the training of the
tanods saying that they do not have the resources to barangay tanods on the proper handling of children
do so. More than half of respondent police officers said in conflict with the law, not only in terms of what is
that taking the photograph of children is practised in provided under the law but also in handling the child
their office. However, only half of said respondents said with sensitivity.

Court And Prosecution PROCEDURE

The procedure governing the prosecution and trial of
the child is governed by the recent Rules on Juveniles
BACKGROUND
in Conflict with the Law. This Rule has the effect of
The prosecution and trial of the child is under the revising the relevant provisions of the Rules of Court
jurisdiction of the Family Courts. The establishment over cases, which involve children.
of the Family Court is based on R.A. No. 8369.
The prosecution of a child begins upon the filing of a
The Family Courts shall have exclusive original jurisdic- complaint with the prosecutor or the municipal trial
tion to hear and decide the following cases: court if a preliminary investigation is required, or
directly with the Family Court, if preliminary investi-
a) Criminal cases where one or more of the accused
gation is not required.388 Note that in Manila and in
is below eighteen (18) years of age but not less
most chartered cities, the complaint shall be filed with
than nine (9) years of age, or where one or more
the Office of the Prosecutor.389 Cases, which do not
of the victims is a minor at the time of the com-
require preliminary investigation, are those that are
mission of the offense; Provided, That if the minor
subject to the summary procedure.390
is found guilty, the court shall promulgate sentence
and ascertain any civil liability which the accused The prosecutor or the municipal trial court judge
may have incurred. The sentence, however, shall be conducts the preliminary investigation in accordance
suspended without need of application pursuant to to the provisions of Section 3, Rule 112, Revised Rules
Presidential Decree No. 603, otherwise known as on Criminal Procedure.391
the “Child and Youth Welfare Code.” x x x
i) Cases against minors cognisable under the Danger- Sec. 3. Procedure.– The preliminary investigation
ous Drugs Act, as amended; shall be conducted in the following manner:
x x x.387 (a) The complaint shall state the address of the
respondent and shall be accompanied by the affi-
The rules of procedure that apply to cases involving davits of the complainant and his witnesses, as well
Children in Conflict with the Law are the Rules on as other supporting documents to establish probable
Juveniles in Conflict with the Law, Administrative cause. They shall be in such number of copies as
Matter No. 02-1-18-SC, which became effective on there are respondents, plus two (2) copies for the
15 April 2002. Supplemental are the Revised Rules official file. The affidavits shall be subscribed and
of Criminal Procedure, to the extent compatible with sworn to before any prosecutor or government official
the former. authorized to administer oath, or, in their absence
or unavailability, before a notary public, each of
Although the said rules are the most recent promulga-
whom must certify that he personally examined the
tion on children, provisions of P.D. 603, as amended,
affiants and that he is satisfied that they voluntarily
that are applicable to children are still in force, includ-
executed and understood their affidavits.
ing some provisions on suspension of sentence.

(b) Within ten (10) days after the filing of the a witness. The parties can be present at the hearing
complaint, the investigating officer shall either but without the right to examine or cross-examine.
dismiss it if he finds no ground to continue with the They may, however, submit to the investigating
investigation, or issue a subpoena to the respondent officer questions, which may be asked to the party
attaching to it a copy of the complaint and its sup- or witness concerned.
porting affidavits and documents.
The hearing shall be held within ten (10) days
The respondent shall have the right to examine from submission of the counter-affidavits and other
the evidence submitted by the complainant which documents or from the expiration of the period for
he may not have been furnished and to copy them their submission. It shall be terminated within five
at his expense. If the evidence is voluminous, the (5) days.
complainant may be required to specify those which
he intends to present against the respondent, and (No.) Within ten (10) days after the investigation,
these shall be made available for examination or the investigating officer shall determine whether or
copying by the respondent at his expense. not there is sufficient ground to hold the respondent
for trial.
Objects as evidence need not be furnished a party but
shall be made available for examination, copying, Hearings may be conducted for clarificatory questions,
or photographing at the expense of the requesting in which case, the Rule on Examination of a Child Wit-
party. ness shall apply.392 If the investigating prosecutor finds
probable cause to hold the child for trial, he or she shall
(c) Within ten (10) days from receipt of the sub- prepare the corresponding resolution and information,
poena with the complaint and supporting affidavits furnishing the child, the parents or nearest relative or
and documents, the respondent shall submit his guardian, and the child’s counsel, copies of the ap-
counter-affidavit and that of his witnesses and proved resolution.393 The corresponding information
other supporting documents relied upon for his shall be filed in the Family Court having jurisdiction
defence. The counter-affidavits shall be subscribed over the offence.394
and sworn to and certified as provided in paragraph
(a) of this section, with copies thereof furnished by Where the case involved falls under the Rule on
him to the complainant. The respondent shall not Summary Procedure, the child shall be released on
be allowed to file a motion to dismiss in lieu of a recognizance to their parents or other suitable person
counter-affidavit. who shall be responsible for the child’s appearance in
court when required.395 Otherwise, the child shall be
(d) If the respondent cannot be subpoenaed, or admitted to bail. Bail shall be a matter of right, except
if subpoenaed, does not submit counter-affidavits in cases where the imposable penalty is death, reclu-
within the ten (10) day period, the investigating sion perpetua or life imprisonment. However, where
office shall resolve the complaint based on the the child does not pose a threat to public safety, the
evidence presented by the complainant. Family Court may order the release of the child on re-
cognizance.396 In the latter cases, the child may not be
(e) The investigating officer may set a hearing if there admitted to bail when the evidence of guilt is strong.397
are facts and issues to be clarified from a party or In cases where the child cannot furnish bail or is denied

bail, he or she shall be committed by the family court the charge but interposes a lawful defense; and
to the care of the DSWD, a youth detention centre, or (f ) such matters as will promote a fair and expedi-
a local rehabilitation centre recognised by the govern- tious trial of the criminal and civil aspects of the
ment. Such centre or agency shall be responsible for case.402
the appearance of the child in court.398
All agreements and admissions made during the pre-
When the criminal case has been instituted in court, the
trial conference shall be in writing and signed by the
court social worker shall immediately conduct a case
child and his/her counsel; otherwise, they may not be
study of the child, his/her family, his/her environment
used against the child.403 Non-appearance of either the
and other relevant matters that will facilitate the proper
counsel for the child or the prosecutor shall be subject
disposition of the case. The case study report shall be
to proper sanctions or penalties.404 The judge, reciting
submitted to the family court within the period fixed,
the actions taken, the facts stipulated and evidence
preferably before arraignment.399
marked, shall issue a pre-trial order. This shall have
In cases where the maximum penalty imposable is im- the effect of controlling the course of the action dur-
prisonment of not more than six months, or only a fine, ing the trial, unless modified by the court to prevent
the case shall be referred to the Diversion Committee manifest injustice.405
for determination of whether or not the child can be
The trial of the child shall be conducted in a manner
considered for Diversion Proceedings.400 Otherwise,
conducive to the best interests of the child,406 and shall
the case shall be set for arraignment.
be guided by the following principles:
The arraignment shall be scheduled within seven days
SEC. 30. Guiding Principles in Judging the Juvenile.–
from the date the information is filed with the Family
Subject to the provisions of the Revised Penal Code, as
Court, unless a shorter period is provided. It shall be
amended, and other special laws, the judgment against
conducted in the chambers of the judge, furnishing the
a juvenile in conflict with the law shall be guided by
child a copy of the complaint or information, and read-
the following principles:
ing it to him or her in a familiar language, explaining
the nature and consequences of a plea of guilty or not 1. It shall be in proportion to the gravity of the offense,
guilty, and asking him or her what the plea is.401 and shall consider the circumstances and the best
interests of the juvenile, the rights of the victim,
The pre-trial of the child shall be conducted in accor-
the needs of society in line with the demands of
dance with the Revised Rules of Criminal Procedure,
restorative justice.
which shall consider the following:
2. Restrictions on the personal liberty of the juvenile
(a) plea bargaining; shall be limited to the minimum. Where discretion
(b) stipulation of facts; is given by law to the judge to determine whether
the penalty to be imposed is fine or imprisonment,
(c) marking for identification of evidence of the
the imposition of the former should be preferred as
parties;
the more appropriate penalty.
(d) waiver of objections to admissibility of evidence;
3. No corporal punishment shall be imposed.407
(e) modification of the order of trial if the accused admits

After trial, the court shall determine whether the child the promulgation shall be made by recording the
is guilty or not guilty. If the child is not guilty, the court judgment in the criminal docket and serving him/
shall order the dismissal of the case. Otherwise, it shall her a copy thereof at his/her last known address
impose the proper penalty, including any civil liability, or through his/her counsel.
and promulgate the sentence in accordance with the
provisions of the Revised Rules on Criminal Procedure If the judgment is for conviction and the failure
on Promulgation of Judgment.408 of the accused to appear was without justifiable
cause, he/she shall lose the remedies available in
Sec. 6. Promulgation of judgment. – The judgment these rules against the judgment and the court
is promulgated by reading it in the presence of the shall order his/her arrest. Within fifteen (15)
accused and any judge of the court in which it was ren- days from promulgation of judgment, however,
dered. However, if the conviction is for a light offense, the accused may surrender and file a motion for
the judgment may be pronounced in the presence of leave of court to avail of these remedies. He/she
his counsel or representative. When the judge is absent shall state the reasons for his/her absence at the
or outside the province or city, the judgment may be scheduled promulgation and if he/she proves that
promulgated by the clerk of court. his/her absence was for a justifiable cause, he/she
shall be allowed to avail of said remedies within
If the accused is confined or detained in another fifteen (15) days from notice.409
province or city, the judgment may be promulgated
by the executive judge of the Regional Trial Court Where the child is found guilty, the sentence shall
having jurisdiction over the place of confinement or automatically be suspended after the promulgation of
detention upon request of the court which rendered sentence. The case shall be the subject of the disposi-
the judgment. The court promulgating the judgment tion conference, which shall be set within 15 days from
shall have authority to accept the notice of appeal and the date of promulgation. The court social worker, the
to approve the bail bond pending appeal; provided, that child, and his parents or guardian ad litem shall attend
if the decision of the trial court convicting the accused the conference. The court shall issue any of the follow-
changed the nature of the offense from non-bailable to ing disposition measures:
bailable, the application for bail can only be filed and
resolved by the appellate court. 1. Care, guidance, and supervision orders;
2. Community service orders;
The proper clerk of court shall give notice to the
accused personally or through his bondsman or 3. Drug and alcohol treatment;
warden and counsel, requiring him to be present 4. Participation in group counselling and similar
at the promulgation of the decision. If the accused activities;
was tried in absentia because he jumped bail or 5. Commitment to the Youth Rehabilitation Center of
escaped from prison, the notice to him/her shall the DSWD or other centers for Children, authorized
be served at his/her last known address. by the Secretary of the DSWD.410
In case the accused fails to appear at the scheduled
date of promulgation of judgment despite notice,

The DSWD shall be in charge of monitoring the dispo- 4. The child has wilfully failed to comply with the con-
sition measure, and shall regularly submit a status and ditions of his disposition or rehabilitation program;
progress report to the family court. The court may set or
a conference for evaluation, preferably in the presence 5. The child’s continued stay in the training institu-
of the child, his or her parents or guardian or other tion where he has been assigned is not in his best
persons whose presence may be deemed necessary.411 interests.414
Automatic suspension of sentence shall, however, not
Should judgment be executed, the child may apply
be applicable in the following cases:
for probation, if qualified under the provisions of the
1. if the child has already enjoyed suspension of Probation Law.415
sentence;
All proceedings and records involving children in
2. if the offence is punishable by death, reclusion conflict with the law from initial contact until final
perpetua or life imprisonment; or, disposition of the case by the court shall be considered
3. if at the time of promulgation, the child has privileged and confidential. The public may even be
already reached at least 18 years of age.412 excluded from the proceedings.416
In such cases, the child shall serve the sentence ac- Measures to protect confidentiality may include the
cordingly. following417:
The family court shall dismiss the case against the child 1. Non-disclosure of records to the media;
who has been issued disposition measures, and order 2. Maintenance of a separate police blotter for cases
a final discharge if it finds that the child has behaved involving children in conflict with the law;
properly and has shown a capability to be a useful 3. Adoption of a system of coding to conceal material
member of the community, and upon recommendation information, which will lead to the child’s iden-
by the proper officer or agency.413 tity;
On the other hand, the child shall be brought before 4. Records shall not be used in subsequent proceedings
the court for the execution of judgment in the follow- or cases involving the same offender as an adult.
ing instances: 5. The court shall order the sealing of records in accor-
dance with the provisions of Section 38 of the Rules
1. The child has not behaved properly; on Juveniles in Conflict with the Law.418
2. The child has been incorrigible;
3. The child has not shown the capability of becoming
a useful member of society;

DATA Table 7.38. Special considerations/programmes for CICL

Programme No.
Programmes for children. When the respondents were
Monitor CICL 7
asked if they have specific programmes for children, Special treatment to CICL 6
majority (69.2%) have answered positively. Several Priority in scheduling hearing of CICL cases 6
respondents answered in the negative (21.5 per cent) Implementation of diversion 5
and two respondents said it depends on certain cir- Sensitive cases heard inside the chambers 5
cumstances. Orders release of child in recognisance 6
Coordination with other agencies/NGOs 4
Involvement of barangay officials 3
Table 7.37.Whether or not the family court has special consider-
ations/programmes for CICL Judge/court personnel conducts counselling 3
Response No. per cent CICLs brought to institutions/rehabilitation centres 3
Yes 45 69.2 Impose minimum penalty 2
No 14 21.5 Court social worker order to prepare intake report 2
Depends 2 3.1 Use of livelink 1
No Answer 4 6.2 Hold family conferences 1
Total 65 100 Child sensitive 1
Implement rules on child witness 1
Referrals to doctors/psychologists 1
The respondents were consequently asked what these
Involvement of CICL’s parents 1
special programmes or consideration they practise in
Home visits 1
their family courts. Monitoring the child is the most Orient CICL to court processes 1
common programme that respondents practise, with Disposition conferences 1
seven respondents giving such answer. Next were giv- Reparation of damages 1
ing the child special treatments and giving priority in Reprimand/citation 1
scheduling hearings of child cases, with six respondents Participation in community programmes 1
who provided for such answers. In addition, the more Total 64
common responses were implementation of diversion

proceedings, conducting hearings of sensitive cases in- Disposition conferences. When asked whether their
side the judge’s chambers, and issuing orders to release respective family courts conduct disposition confer-
the child on recognisance. ences, 60 per cent of the respondents said they did,
while 27.7 per cent said they did not. Although most
of them did answer that their courts conduct disposi-
tion conferences, it was not clarified if they follow
the procedure according to the Rules on Juveniles in
Conflict with the Law.

Table 7.39. Whether or not the family court conducts disposition Majority of the respondents (55.4 per cent) answered
conferences
that their family courts practised diversion proceedings
Yes 39 60.0
under the Rules. However, quite a substantial number
No 18 27.7 of respondents also said their courts did not practise
Depends 3 4.6 it, and a couple of respondents said that it depends on
No Answer 5 7.7 the private complainant.
Total 65 100
Table 7.41. Whether or not the family court practises diversion pro-
ceedings under the Rules on Juveniles in Conflict with the Law
Those who answered “depends”, constituting 4.6 per
cent of the respondents, specified the instances when Family court practises diversion
36 55.4
their family courts conduct disposition conferences, ie, proceedings
depending on the nature of offence; the final disposi- Family court does not practise diver-
22 33.8
sion proceedings
tion of suspended sentence; or the parents of the child Depends 2 3.1
complainant and child in conflict with the law. No Answer 5 7.7
Total 65 100
Diversion. Thirty-seven (37) respondents said their
respective family courts already have a diversion com-
For those who answered that their family courts prac-
mittee. Although this number is a majority, comprising
tised diversion, they were also asked to state which
56.9 per cent, a considerable number of respondents
specific programmes their courts practise.
said they did not have a diversion committee in their
courts, or that the existence of a diversion committee Counselling programmes garnered the most number of
depends on certain circumstances, ie, decision of the affirmative answers with 30 respondents. Some courts,
prosecutors or the nature of the offence. according to 24 respondents, also practised guidance
and supervision orders. Return of property (with 22
During some of the interviews, it appeared that some
affirmative responses) was the third among the most
respondents are not aware of the diversion committee
number of affirmative responses, followed very closely
in their courts, even if it was possible that there already
by written or oral reprimand or citation, payment
was a diversion committee.
of the damage caused (both with 21 affirmative re-
sponses), written and oral apology (with 20 affirmative
Table 7.40. Whether or not the family court already has a diversion
committee answers) and institutional care and custody (with 18
RESPONSE No. per cent affirmative answers).
Has diversion committee 37 56.9
Has no diversion committee 22 33.8
Depends 2 3.1
No Answer 4 6.2
Total 65 100.0

Table 7.42. Specific programmes for diverted CICL Trial of children’s cases. When asked if their courts
Programme No. per cent excluded the public during trials of CICL cases, less
Counselling for the CICL and his
family
30 46.2 than a majority said yes (38.5 per cent) while 30.8
Guidance and supervision orders 24 36.9 per cent of them said that the exclusion of the public
Return of property 22 33.8 during trial depends on certain circumstances, which
Written or oral reprimand or
21 32.3
are outlined on the table below. It is common practice
citation
among family courts to conduct the hearing of cases
Payment of the damage caused 21 32.3
Written or oral apology 20 30.8
involving children in conflict with the law in public.
Institutional care and custody 18 27.7
Closed-door hearings are more of an exception.
Participation in available community-
11 16.9
based programmes
Table 7.44. Whether or not the court allows the exclusion of the
Work-detail programme in the public from trial of CICL cases
9 13.8
community
Values formation 5 7.7
Yes 25 38.5
Anger management skills 4 6.2
No 15 23.1
Problem solving and/or conflict
4 6.2 Depends 20 30.8
resolution skills
No Answer 5 7.7
Multiple response: N = 65 Total 65 100
Guardian ad litem. Out of the 25 respondents who Table 7.45.Special circumstances when trials involving CICL are held
gave this response, most of them said that their family in private
courts appoint guardians ad litem in cases where the Circumstance No.

Sex-related offences 5
child has no parents or guardians with him or her.
Victim is also a minor 4
Moreover, in some instances, even when there are
CICL requests exclusion of public 2
parents, the parents and the family are not capable of Nature of the case 2
giving guidance to the CICL during the hearings. Sensitive cases 1
For arraignment only 1
Table 7.43. Instances when the family court appoints a guardian ad Total 15
litem for a CICL
Response No.
No parents/guardians 11 When asked if there are specific days assigned for tri-
No lawyer 1 als of children only, most respondents (53.8 per cent)
Family/parents not capable 5 said they did not have such special days assigned. A
When CICL released on recognizance 3 considerable number, however, said they did (33.8 per
Parents can’t be found/unknown 2 cent) but some of them explained that they assigned
CICL engaged in prostitution 1 a specific time during the day for the hearing of chil-
CICL exploited 1
dren, which is usually at the end of the criminal days
Children from remote areas 1
calendar for the day, to ensure that no other person not
Total 25
involved with CICL cases are inside the court room
anymore. The instances where there are specific days

assigned for trial only of children, which those who Table 7.47. Terms used by lawyers and court officers in family courts
to refer to CICL
answered “depends” have cited, include cases involv-
Response No.
ing child complainants and depending on the nature Accused 22
of offences committed. Youth offender 13
Minor 12
Table 7.46. Whether or not there are specific days assigned for the By name 7
trial ONLY of CICL (to the exclusion of other criminal cases) Juvenile 6
RESPONSE No. per cent Juvenile delinquent 5
1 Yes 39 60.0 Juvenile in conflict with the law 4
2 No 18 27.7 Minor offender 3
3 Depends 3 4.6 Minor accused 3
No Answer 5 7.7 Minor/child suspect 2
Total 65 100
Child/children 2
Minor in conflict with the law 2
Labelling of children. Most of the respondents (22) Vagrant 2
said that lawyers and court officers generally refer Defence/defendant 2

Parties 1
to the child in conflict with the law as “accused.” A
Juvenile offender 1
considerable number still refer to the child as a “youth
Anak (“my child”) 1
offender” and “minor.” In other instances, although a
Private offender 1
relatively small number, the child is still referred to as Suspect 1
“juvenile delingquent,” “suspect,” “vagrant,” “suspect,” Total 90
“minor/child suspect,” etc. However, there are a few
who already refer to the CICL as “juvenile in conflict Table 7.48. Measures taken to protect the confidentiality/privacy of
with the law” or “minor in conflict with the law,” or the CICL (from the time of filing up to the termination of the case)
Measure No.
referring to the child by his/her given name or using
Require permission from judge to see records 25
terms of endearment like, “anak” or “child.”
Interview with CICL confidential and private 6
Media not allowed 5
Confidentiality and privacy. It can be seen from the Case studies sealed in envelope/separated 3
responses that most of the interviewees practise confi- CICL records kept separate 3
Trial in chambers/public excluded 3
dentiality. Although some did not answer this response,
Documents stamped with Juvenile in Conflict with
most of the respondents showed positive reaction to the the Law
2
response. Most of them said that the court requires that Do not discuss case with others 2
permission for anyone to see the records is necessary. No practice 1
Others also said they conduct interviews with the CICL Total 50
in confidence and privately. Media people are also not

allowed by some. A few of them also seal the case study
reports and keep them on separate files.

SUMMARY AND ANALYSIS use their best judgment in conducting proceedings to

Based on data generated from the interviews with ensure that they consider the best interests of the child,
respondents from the court and prosecution pillar, it even if they do not strictly abide by the Rules.
is apparent that majority of them are at least familiar
It can be observed further that although most of the
or aware of the procedure involving the prosecution
respondents said their courts have diversion commit-
and trial of cases involving children in conflict with
tees and practise the diversion proceedings, quite a
the law, and whose family courts are conducting the
number of them said that their courts still do not.
trial of CICL cases in accordance with the Rules on
Notably, the Rules became effective on 15 April 2002.
Juveniles in Conflict with the Law.
Given the lapse of time from its effectivity to the dates
It must be noted, though, that respondents made cer- the interviews for this project was conducted, it may be
tain explanations regarding their own interpretation inferred that strict compliance to the Rules by family
of the Rules. While a few discussed that their courts courts has not been enforced fully.
followed the Rules to the letter, some of them apply
Based on the comments of some respondent judges,
the Rules liberally, especially when it involves the ap-
it seems that they have not been properly informed or
plication of the diversion programmes.
briefed on how the Rules should apply. Consequently,
According to the Rules, diversion proceedings before their liberal and informal application takes precedence,
arraignment shall only apply if the CICL is charged of course with consideration of the best interests of
with an offence punishable by imprisonment for a the CICL.
maximum period of not more than six months, or if
Worth noting are the responses of the interviewees to
the penalty is only a fine, regardless of amount.419 Based
the questions including the exclusion of the public
on the remarks of several respondents, they conduct
during trial of CICL cases (See Q.5.8 under C Data).
diversion proceedings even if the offence involved is
Majority said their courts allowed for exclusion, and
punishable by imprisonment of more than six months.
close to that number said that “it depends.” At the
They say there are very few cases nowadays, which
onset, it would appear that there are courts, which do
involve penalties less than six months. If they do not
not comply with the Rule on exclusion. If the Rules will
apply diversion proceedings for CICL cases, which do
be read closely, however, it states that the courts may
not qualify under the law, most, if not all of these cases
exclude the public.”420 This means it is not mandatory.
will have to undergo the regular procedure, and will
Hence, the courts are giving the discretion to determine
generally not be to the best interests of the child.
whether the public will be excluded or not.
The data gathered for this project reveals that majority
Another notable observation is the respondents’ an-
of the respondents affirm the existence of a diversion
swers to the questions on what terms are used by court
committee in their respective courts. However, their
officers and lawyers during proceedings to refer to the
observations on how the procedure is applied shows
CICL. According to some of them, the officers refer
that there is no hard and fast rule for the courts to
to children as “accused,” “accused minor”, “juvenile
follow, given the different situations that may involve
delinquent,” “minor,” generally. While a few refer to
court dockets, and limitations in facilities in courts.
the CICL by their first names, most of them still use
Although some respondents appeared at a loss on how
terms, which according to the Rules are prohibited
to conduct diversion proceedings, they claim that they

terms.421 Somehow, this shows that the courts have It may be recommended that the same diversion pro-
generally not yet strictly enforced the prohibition ceedings as in the family courts be applied even during
against labelling of children. the preliminary investigation stage, to ensure that the
release of the child will be facilitated.
In sum, most of the data gathered can show that some
family courts are already compliant with the Rules on
Juveniles in Conflict with the Law. However, it is also APPLICABILITY OF THE RULE ON SUMMARY
very clear that the enforcement of the Rules, as well PROCEDURE FOR CHILDREN’S CASES
as the premises that touch on the best interests of the Some of the respondents have suggested that to ensure
child, which the Rules are based on, has much room that the children’s cases will be expedited, the procedure
for improvement. that may be applied will be the Rule on Summary
Procedure. It would seem that if the CICL case does
not qualify for diversion under the Rules on Juveniles
APPLICABLE RULES ON PRELIMINARY
in Conflict with the Law, the child goes through the
INVESTIGATION
trial in accordance with the Revised Rules of Criminal
According to the Rules on Juveniles in Conflict with Procedure, which applies to accused adults as well.
the Law, where preliminary investigation is required,
the rules that will be followed will be the provisions of It is noticeable that although the Rules on Juveniles in
Section 3 of Rule 112 of the Revised Rules on Crimi- Conflict with the Law has introduced new procedures
nal Procedure. If these provisions were to be applied, for the prosecution and trial of CICL, it would still
it would take at least 25 days422 before the case will seem that the procedure that generally applies, particu-
be filed or dismissed, if the prosecutor finds grounds larly in the preliminary investigation, pre-trial, trial and
to continue with the investigation and if he finds it promulgation stages, are the provisions of the Revised
necessary to set the case for hearing. Rules of Criminal Procedure, with reference to the Rule
on the Examination of Child Witness. The expediency
It would appear that at least 25 days might not be that is being sought in dealing with CICL cases may
favourable to the child considering that most children not be fully answered by the new rules.
would have been detained during the duration of the
Preliminary Investigation. Upon the filing of informa- Applying the Rule on Summary Procedure may be
tion, the court may immediately order the release of one way to ensure the protection of the best interests
the child on recognizance or on bail. Except in certain of the child. The Rule on Summary Procedure was
circumstances, it would not be in the best interest of the also discussed in the preceding chapter on City and
child to be held in custody for 25 days only while his Barangay Ordinances.
or her case is undergoing preliminary investigation.

Bureau of Jail Management and DATA

Penology Officials and House Parents Separate detention quarters
Separate from convicted juveniles. In Caloocan and
Parañaque where children are detained in city jails, chil-
BACKGROUND
dren undergoing trial are not separated from children
The following officials were interviewed as representa- who have already been convicted by courts. According
tives of the correction level: to one BJMP official interviewed in Parañaque, the city
jail detains children sentenced with imprisonment of
• Bureau of Jail Management and Penology (BJMP)
three years or less.
officers
• Houseparents in youth detention centres In Manila, Pasay and Quezon City where there are
separate detention and rehabilitation centres, officials
In Parañaque and Caloocan where there are no sepa- from Manila and Pasay responded that children under-
rate detention centres for children in conflict with the going trial are kept separate from convicted children at
law, BJMP officers where interviewed to represent the the Manila Youth Reception Center and Pasay Youth
correction level. Although there is a separate youth Home. In Quezon City, convicted children are not
detention centre in Quezon City, which is the Molave detained at the Molave Youth Reception Center.
Youth Reception Center, the Center also receives as-
sistance from the BJMP in terms of security. Hence, Separate from adult offenders. In Caloocan and
the BJMP officers assigned in Molave were also in- Parañaque city jails where adults are also detained,
terviewed. In Pasay Youth Homes and Manila Youth the cells of male children are separate from the cells
Reception Center, the respective houseparents assigned of male adults. Nevertheless, it has been observed that
were interviewed. Houseparents assist in providing the there have been instances wherein children mingle
basic need, ie, food and clothes, of children in conflict freely with adult inmates since all cells are located in
with the law. To maintain a more liberated atmosphere one building (Parañaque City Jail) or one compound
than the jail, youth detention centres employ house- (Caloocan City Jail).
parents rather than jail guards.
Based on the interviews with BJMP officials in the
Caloocan City Jail, female children are kept separate
PROCEDURE from female adult offenders. However, in Parañaque,
If a child is unable to furnish bail after arrest, he or she female children are detained with female adults. Ac-
is required to be committed to the care of the DSWD, cording to the officials interviewed, there are only few
the local rehabilitation centre or a detention home female children and female adult offenders detained.
in the city while being held for physical and mental
Separate cells for male and female CICL. Except for
examination, trial or pending appeal. The centre is the
one, all respondents (87.5 per cent) from the five cities
one responsible for the child’s appearance in court.423
said that male children are kept separate from female
children. One respondent did not give an answer.
During the interviews conducted, it was observed
that children indeed have separate quarters from that
of the opposite sex.

Table 7.49. Whether or not male CICL are separate from female Table 7.50. How to ensure that the CICL has a valid commitment
CICL order issued by competent authority
Response No. per cent Response No.
Yes 7 87.5 Confirm order by court/judge 2
No 0 - Ensure inquest by fiscal 1
No Answer 1 12.5 Ensure medical certificate is presented 1
Total 8 100 Total 4
ENSURING PRIVACY AND CONFIDENTIALITY RULES AND REGULATIONS

When respondents were asked how they ensure that When asked if there are rules and regulations in deten-
the communication of the child with his or her counsel tion facilities, 75 per cent of the respondents answered
is private and confidential, six of the respondents said “yes”. Two of the respondents did not give an answer.
they make sure the interview between the child and the When asked if there are separate rules and regulations
lawyer is private. Some of the respondents indicated for children, 50 per cent of the respondents answered
that the counsel and the child are left alone and if pos- “no”; 37.5 per cent answered “yes”; and one (12.5 per
sible, use of a private room is granted, ie, in the chapel cent) respondent did not give an answer.
or office of the BJMP official.
Table 7.51. Whether or not there are rules and regulations in the
detention facilities
VALID COMMITMENT ORDER Response No. per cent
Yes 6 75.0
When asked if they ensure that the child has a valid
No 0 -
commitment order issued by a competent authority,
No Answer 2 25.0
four of the respondents replied in the positive. Said Total 8 100
respondents ensure such by: confirming that an inquest
has already been conducted by the public prosecutor or Table 7.52. Whether or not there are separate rules and regulations
fiscal; making sure that a medical certificate is present- for CICL
ed; or confirming the order by the court or judge. Response No. per cent
1 Yes 3 37.5
However, in one interview, one of the respondents 2 No 4 50.0
brought forth the information that there were instances No Answer 1 12.5
Total 8 100
wherein parents asked jail officials to temporarily
keep the child for “safekeeping.” The child may have
encountered trouble outside (ie, in gangs, fraternities, However, when asked if they provide children with a
or school trouble). Even without a criminal case, the copy of such rules and regulations, 50 per cent of the
child is then detained in jail. respondents said that the rules and regulations were
not written; 37.5 per cent said they give children a
copy; and one (12.5 per cent) respondent did not give
an answer.

Table 7.53. Whether or not the CICL is provided with a copy of the RECORD KEEPING
rules and regulations mentioned
Response No. per cent When asked if their office keep separate records for
Yes 3 37.5 children and adults, majority of the respondents (62.5
No 0 - %) said “yes.” Two respondents (25 per cent) said
Do Not Know 0 - “no,” and one respondent (12.5 per cent) did not give
Rules and Regulations Not Written 4 50.0 an answer. The respondents who answered “no” and
No Answer 1 12.5
said they do not keep a separate record for children,
Total 8 100
are from Caloocan and Parañaque City Jails, where
children are detained with adults.
MEDICAL EXAMINATION
An overwhelming majority of the respondents (87.5 Table 7.56. Whether or not the office keeps separate records for
CICL and adults
per cent) said that children undergo medical exami-
nation upon admission to the detention facility. One Yes 5 62.5
(12.5 per cent) respondent did not give an answer. No 2 25.0
No Answer 1 12.5
Table 7.54. Whether or not CICL undergo medical examination upon Total 8 100
admission to the detention facility
Yes 7 87.5
In order to maintain the confidentiality of the children’s
No 0 - records, the respondents restrict access to records,
No Answer 1 12.5 require the permission of the warden before accessing
Total 8 100 the records, or assign a record officer or social worker
to keep the records.
INTERPRETER
Table 7.57. How confidentiality of the CICL’s records is maintained
With respect to the availability of an interpreter for a Response No.
child who does not understand the language used by Access restricted 4
detention personnel, an overwhelming majority of the Request permission of warden 1
respondents (87.5 per cent) said there is no interpreter Record officer assigned 1
available. One (12.5 per cent) respondent did not give Social Worker keeps the records 1
Total 7
an answer.
Table 7.55. Whether or not there is an interpreter available for CICL When asked if the children may contest their files, an
who do not understand the language used by detention personnel equal number of respondents answered “yes” (37.5 per
cent) and “no” (37.5 per cent). One respondent each
Yes 0 -
(12.5 per cent) answered “do not know” and gave no
No 7 87.5
Do Not Know 0 -
answer. For those who answered “yes,” respondents
No Answer 1 12.5 said the procedure to contest the files might be done
Total 8 100 through the courts with the record officer, or by pro-
ducing proof of the item contested.

Table 7.58. Whether or not CICL are allowed to contest their file/re- Table 7.61. Whether or not CICL are allowed to use their own
cord clothing
Response No. per cent Response No. per cent
Yes 3 37.5 Yes 7 87.5
No 3 37.5 No 1 12.5
Do Not Know 1 12.5 Total 8 100
No Answer 1 12.5
Total 8 100
Majority of respondents (62.5 per cent) said they al-
low the child to possess personal effects in detention;
Table 7.59. Procedure for contesting files/records of CICL
two respondents (25 per cent) said they do not allow
Response No.
Through the courts 1
the child; and one respondent (12.5 per cent) said it
Talk with record officers 1 depends on the personal effects. A child may be allowed
Produce proof 1 to have personal effects provided such cannot be used
Total 3 as weapons.
Table 7.62. Whether or not CICL are allowed to possess personal

PROVISIONS: BED, PERSONAL EFFECTS, FOOD
effects
Majority of the respondents (50 per cent) said the Response No. per cent
children are provided with separate, sufficient and Yes 5 62.5
clean beddings, 25 per cent answered “no,” and 25 per No 2 25.0

Depends 1 12.5
cent said that it “depends.” With respect to children
Total 8 100
staying in jails, the availability of beddings depends
on the donations of civic organisations and NGOs. In
jails, children usually sleep on the floors covered with When asked how much amount is allotted for the
papers or mattresses, if available. children’s food, six out of eight respondents gave the
following answers: Php30 (5); Php20 (1 from Molave
Table 7.60. Whether or not CICL are provided with separate, suf- Youth Reception Center); and Php90 (1 respondent
ficient and clean bedding from Caloocan City Jail). Across the cities, Php30 is
Response No. per cent the common amount allotted for the food of children
Yes 4 50.0
based on the answers of the respondents.
No 2 25.0
Depends 2 25.0
Total 8 100 Table 7.63. Amount allotted per day for the food of the CICL
Amount No.
Twenty pesos 1
An overwhelming majority of respondents (87.5 per Thirty pesos 5
cent) said they allow the child to use his or her own Ninety pesos 1
clothing. One respondent (12.5 per cent) said they do Total 7
not allow the child to use their own clothing.

EDUCATION AND TRAINING Vocational trainings given to children in detention

According to majority (62.5 %) of the respondents, may include any of the following: candle making,
their institutions provide children with the opportu- electrical training, cooking, paper recycling, toy mak-
nity to continue their education. Three (37.5 %) of ing, handicraft, cross stitch, sewing;, slipper making
the respondents, from Parañaque City Jail and Pasay or rosary bead making.
Youth Home, answered “no.” According to 6 (75 %)
of the respondents, the classes are conducted inside Table 7.67.Type of vocational training available to CICL
the institution. Vocational training No.
Candle making 4
Paper recycling 1
Table 7.64. Whether or not the CICL are provided opportunity to
Electrical training 2
continue their education
Cooking 2
Yes 5 62.5 Toy making 1
No 3 37.5 Handicraft 1
Total 8 100 Cross stitch 1
Sewing 1
Slipper making 1
Table 7.65. Whether education is conducted inside or outside the
institution Rosary bead making 1
Response No. per cent Total 15
Inside 6 75.0
Outside 0 -
According to respondents (58.3 per cent), the trainings
No Answer 2 25.0
Total 8 100
and seminars available to children inside institutions
include the following: hygiene and health, vocational
training, bible study, and skills training. Values forma-
According to the respondents in institutions, which tion (25 per cent), anger management skills (8.3 per
allow children to continue their education, the children cent), and problem solving skills (8.3 per cent) are also
are allowed to finish elementary (42 per cent), high available to children.
school (42 per cent), vocational training (8 per cent),
and others (8 per cent) like non-formal education.
Table 7.68. Type of training and seminars to which CICL have access
Type of training/seminar No.
Table 7.66.Level of education the CICL are allowed to finish Anger Management Skills 1
Level of education No. per cent Problem Solving and/or Conflict Resolution Skills 1
Elementary 5 42 Values Formation 3
High School 5 42 Others 7
College 0 - Total 12
Vocational training 1 8
Others 1 8
Total 12 100

Majority (62.5 per cent) of the respondents said there MEDICAL CARE
is a library inside the detention centres. Three respon- The most common medical care available to children in
dents (37.5 per cent), from Molave Youth Reception detention are dental care and pharmaceutical products.
Center and Caloocan City Jail, said there is no library Other medical care available includes mental care,
inside the detention centre. preventive care and ophthalmological care.
Table 7.69.Availability of a library inside the detention centre Table 7.72.Types of medical care available to the CICL
Response No. per cent Types of medical services No.
There is a library 5 62.5 Dental 8
There is no library 3 37.5 Pharmaceutical products 7
Do Not Know Mental 3
No Answer Preventive 1
Total 8 100 Ophthalmological 1
Total 20
RELIGIOUS SERVICES
All of the respondents said that religious services are COMMUNICATION
allowed inside the detention centres and that children All of the respondents said that children are allowed to
are given the right to be visited by religious represen- communicate with their families and friends through
tatives. letters. However, with respect to communication
through telephone, half of the respondents (50 per
Table 7.70. Whether or not religious services are allowed inside the cent) said that children are not allowed to communi-
detention centre
cate by phone, 25 per cent said “yes,” and 25 per cent
said that “it depends,” ie, whether the situation is an
1 Yes 8 100.0
2 No 0 -
emergency.
3 Do Not Know 0 -
No Answer 0 - Table 7.73. Whether or not the CICL are allowed to communicate
Total 8 100 with families and friends through letters
Yes 8 100.0
Table 7.71. Whether or not the CICL are given the right to receive
No 0 -
visits from a representative of the religion of their choice
Total 8 100
Yes 8 100.0
No 0 - Table 7.74. Whether or not the CICL are allowed to communicate
Total 8 100 with families/friends through the telephone
Yes 2 25.0
No 4 50.0
Do Not Know 0 -
Depends 2 25.0
Total 8 100

One half (50 per cent) of the respondents replied that TREATMENT OF CHILDREN
they “do not know” if children are allowed to visit their With respect to questions on the treatment of deten-
homes and families. Three respondents (37.5 per cent) tion officials, some respondents were quite adamant in
said they allow the children, and only one (12.5 per answering questions. Based on their answers, six out
cent) said that children are allowed to visit their homes of eight respondents revealed that they rarely observed
and families. However, the respondents mentioned that their colleagues use force or physical harm on the child
there were cases wherein children were allowed to visit nor do they place child in solitary confinement. How-
their homes and families when there is a court order ever, one respondent indicated that it happened.
or when there is death in the family.
Five out of eight respondents said they did not witness
Table 7.75. Whether or not CICL are allowed to visit their homes sexual harassment or abuse of children and carrying
and families of firearms or weapons in front of the child. With
Response No. per cent respect to carrying of weapons in front of the child,
Yes 1 12.5
two of the respondents revealed that it occurs in their
No 3 37.5
Do Not Know 4 50.0
institutions. Four out of eight respondents said they
Total 8 100 have not observed the use of profane or vulgar words
and two out of eight respondents have observed such
on their colleagues.
ACCESS TO TELEVISION AND NEWSPAPER
According to all the respondents (100 per cent), According to the respondents, the use of handcuffs on
children have access to television. With respect to children by their colleagues is commonly observed.
newspapers, majority of the respondents (75 per cent) Three respondents said they have not observed it,
replied that children do not have access to newspapers one said it was common, and three have observed it
in their institutions. happening.
Table 7.76. Whether or not the CICL have access to television

Yes 8 100.0
No 0 -
Total 8 100
Table 7.77. Whether or not the CICL have access to newspapers

Yes 2 25.0
No 6 75.0
Total 8 100

Table 7.78. Distribution of responses by observed behaviour of detention personnel when relating to CICL and frequency of the behaviour
1 5 No
Behaviour among detention personnel 2 3 4 Total
Not At All Common Answer
Use of vulgar/profane words 4 1 1 2 8
Sexually harass or abuse 5 1 2 8
Carry firearms or weapons in front of child 5 1 1 1 8
Use handcuffs 3 3 1 1 8
Use force or physical harm 6 2 8
Place child in solitary confinement 6 1 1 8
The disciplinary measures imposed in the general FOLLOW-UP

population of prisoners, including adults, are the same Only one-fourth of the respondents said they provide
as the disciplinary measures imposed on children. In follow-up services upon release of the child. Of these
imposing discipline, withdrawal of privileges, close respondents, two said they visit the home of the child
confinement and advice are given to both child and or provide the child with livelihood loan. The rest of
adult. Officials also dialogue with the child and provide the respondents (75 per cent) replied that they do not
counselling as disciplinary measures. provide livelihood services.
Table 7.79. Type/kind of disciplinary measures generally imposed Table 7.81. Provision of follow-up services after the release of CICL
inside the detention centre
Response No.
Disciplinary measures No.
Yes 2
Withdrawal of privileges 2
No 6
Close confinement 2 Total 8
Give advice 1
Dialogue with disciplinary board 1
Table 7.82. Type of follow-up services provided by the institution
Total 6
Follow-up service No.
Home visit 1
Table 7.80. Type/kind of disciplinary measure imposed on CICL inside Livelihood loan 1
the detention centre
Total 2
Type/kind of disciplinary measure No.
Withdrawal of privileges 4
Close confinement 1
Give advice 1
Dialogue with CICL 1
Counselling 2
Total 9

PERSONNEL Table 7.84. Penalties imposed on CICL who have tried to escape or
who escaped but were later on recaptured
According to the respondents, the most common per- Penalty No.
sonnel in detention centres are social workers (21 per Solitary confinement 2
cent), teachers (17.2 per cent), psychiatrists (17.2 per Detained back in jail 1
cent), and psychologists (17.2 per cent). Counsellors Physical punishment 1
(10 per cent) and vocational instructors (3.4) are also Placement in Marillac 1
Counselling 1
available. Others include dentists, doctors, criminolo-
Filing of additional case 1
gists, nurses, and house parents.
Total 7
Table 7.83. Type of personnel in the detention centre

Type of personnel No. ALLEGATIONS OF ABUSE
Teachers 5
According to the respondents, in cases wherein there is
Psychiatrists 5
an allegation of abuse by one child against another, one
Psychologists 5
or several of the following procedures are followed: an
Social Workers 6
Counsellors 3
investigation is conducted by the guard or houseparent
Vocational Instructors 1 on duty or the disciplinary board; an investigation is
Others 4 conducted by the warden or the Inspection and Investi-
Total 29 gation Branch and the warden decides; an investigation
is first conducted by the chair of the cell, the results are
forwarded to the Inspection and Investigation Branch,
ESCAPES
and the BJMP gives the final decision; there is suspen-
Among the eight respondents, one respondent from sion of privileges; or counselling is given to the child.
Quezon City (Molave Youth Reception Center) and
Pasay City (Pasay Youth Home) revealed that one
Table 7.85. Procedure followed when there is an allegation of abuse
escaped in Molave and two escaped in Pasay. A news of one CICL by another
report on 12 September 2002 revealed that 30 minors Procedure No.
escaped from the Manila Youth Reception Center by Investigation by the guard/houseparent on duty 2
sawing the bars off the dormitory windows.424 Investigation by the disciplinary board 2
Counselling 1
According to the respondents, in cases wherein the Suspension of privileges 1
child tried to escape or did escape and was later re- Investigation by the warden 1
Investigation by the Inspection and Investigation
captured. Penalties include the following: solitary Branch and Warden decides
1
confinement, physical punishment, transfer to Maril- Investigation by “chairman” in the cell; forward
to the Intelligence and investigation Branch; 1
lac, filing of additional case, counselling, and the child BJMP final decision
being placed again in detention. Total 9

According to the respondents, when there is an allega- VISITS BY JUDGES

tion of abuse committed by a detention official against According to the respondents, judges visit the institu-
a child, the following procedure is undertaken: filing tions once a year (37.5 per cent) or more than three
of an administrative case before the BJMP; investiga- times. Some respondents said the judges never visited
tion by the disciplinary board; investigation by the (12.5 per cent). Others visited the institutions they
guard or houseparent on duty; or investigation by the work for twice or thrice.
Inspection and Investigation Branch. One respondent
replied that no procedure if undertaken when there is Table 7.88. Frequency by which judges visit the detention centre
such an allegation. Frequency No.
Never 1
Table 7.86. Procedure followed when there is an allegation of abuse Once a year 3
of a CICL by an official of the detention centre 2 or 3 times a year 1
Procedure No. More than 3 times 3
Administrative case before the BJMP 2 Total 8
Investigation by disciplinary board 2
None 1
Investigation by guard/houseparent on duty 1 SUMMARY AND ANALYSIS
Investigation by the Inspection and Investigation
1 With respect to correction level, a major concern is
Branch
Total 7
the lack of separate detention centres for children
in conflict with the law, specifically in the cities of
Caloocan and Parañaque. This has been pointed out
According to the respondents, the following officials by several surveys and studies conducted before this
conduct the investigation when there is an allegation project. Even though the children are detained inside
of abuse committed against a child: disciplinary board, cells separate from adults in said cities, the children still
warden, guard on duty, inspection and investigation have the opportunity to mingle closely with adults since
unit, house parent, or the prison cell chairperson. their cells are located in one compound. Aside from
the lack of separate detention centres, said cities face
Table 7.87. Personnel in charge of investigating allegations of
abuse committed against CICL
challenges in terms of keeping a healthy and sanitary
Personnel No.
environment and facilities for the physical health of the
Disciplinary board 2 children detained. An increase in the food allowance
Warden 2 of children is also in order for their maximum growth
Inspection and Investigation Unit 2 and development given the circumstances they are in.
Guard on duty 1 Medical services available to children should also be
Houseparent 1 expanded.
Prison cell chairperson 1
Total 9

Programmess for the education and psychosocial re- studies, they suggested the following recommendations
habilitation of the children also need strengthening. to the correction pillar:
Children who were studying before their detention
should be given the opportunity to continue their • To treat children humanely and respect them
studies or pursue activities that would enrich their properly
mental and psychological well-being. Focus should be • To provide them education and other training
given on not only vocational, skills training, and moral skills
development of the child but education services that • To strictly separate the males from the females
would be able to let him or her continue his or her
• To provide venue and opportunity for open-fo-
studies after detention.
rum activities
Rules and regulations, both written and oral, in the • To improve the manner of discipline given to
detention facilities and city jails are applicable to both them
adult and children. There may be a need to establish
• For more officials to take care of their cases
separate rules and regulations for children due to their
special circumstance. The imposition of disciplinary • To be given more food
measures on the general population of prisoners, • To provide recreational activities
including children is also a cause for concern. In The children also requested for additional funding
imposing discipline, withdrawal of privileges, close for:
confinement and advice are given to both child and
• Food
adult. The appropriateness of these forms of discipline
on children may be questioned. • Adequate and clean water
• Medicines
As to the treatment of detention officials, some re-
spondents were quite adamant in answering questions. • Clothing supplies, slippers, and toiletries
Although rare, use of force or physical harm on the • Proper ventilation
child or placement of child in solitary confinement • Books and other educational supplies
has been witnessed as with the carrying of weapons in
• Recreational activities
front of the child and use of profane or vulgar words.
The use of handcuffs on children has been commonly • Other training programmes
observed. • Trash cans
With respect to the improvement of services offered by • For cleaning and beautification purposes
the correction level, children themselves gave sugges- • More rehabilitation centres and services
tions. When 35 children were interviewed for the case

Probation
PROCEDURE427
In case the child is qualified, he or she may apply to
BACKGROUND
the court, which gave the order of conviction. Under
Probation officers in Caloocan, Pasay and Quezon the law, the filing of the application is deemed a waiver
City with experience in handling such cases were of the right to appeal. Upon order of the court, the
interviewed. According to the probation officers in probation officer is mandated by law to conduct an
Parañaque and Manila, there was no incidence of investigation and submit a report within 60 days from
children (including persons who were minors at the receipt of order.
time of commission but already adults at the time
of promulgation) that applied for probation in their The court must resolve the application for proba-
respective cities. tion within five days from receipt of the report. An
order granting or denying the probation cannot be
In general, the Probation Law of 1976, as amend- appealed.
ed, does not cover children in conflict with the law.
However, if the child has previously enjoyed the If granted, the probation order takes effect immediately
benefits of suspended sentence, he can no longer upon its issuance. The court may, during the period of
avail of suspension of sentence again.425 Instead, probation, revise or modify the conditions or period
the child may apply for probation provided he is of probation upon application of the probationer or
not disqualified from such. Under the law: the probation officer.
The benefits of this Decree shall not be extended to If a violation of the conditions by the probationer is
those: established, the court may revoke or continue his or
her probation and modify the conditions thereof. If
(a) Sentenced to serve a maximum term of imprison- revoked, the court shall order the probationer to serve
ment of more than six years; the sentence originally imposed.
(b) Convicted of subversion or any crime against the
national security or the public order; After the period of probation and upon consideration
of the report and recommendation of the probation
(c) Who have previously been convicted by final judg-
officer, the court may order the final discharge of the
ment of an offense punished by imprisonment of not
probationer when there is a finding that he or she has
less than one month and one day and/or a fine of
fulfilled the terms and conditions of his/her probation.
not less than Two Hundred Pesos;
Thereupon, the case is deemed terminated.
(d) Who have been once on probation under the provi-
sions of this Decree; and
(e) Who are already serving sentence at the time the
substantive provisions of this Decree became ap-
plicable pursuant to Section 33 hereof.”426

DATA When the probation officers were asked to identify

When the probation officers were asked to provide the the conditions to probation often violated by the child
average number of persons who were minors at the time granted probation, they identified the following condi-
of commission but already of age at the time of prom- tions as most common:
ulgation who applied for probation, an overwhelming
• Regular reporting to probation officer (16.7 per
majority (83.3 per cent) of the probation officers gave
cent);
the figure five or less. One probation officer did not
give an answer. • Reside at premises approved by it and not to
change his/her residence without its prior written
An overwhelming majority (83.3 per cent) of the approval (16.7 per cent); and
probation officers also know of instances wherein the • Other conditions related to the rehabilitation of
applicant for probation was minor at the time of com- the child (16.7 per cent).
mission and promulgation of sentence. One probation
officer said that he did not know of such an instance. Table 7.91. Conditions under the Probation Law of 1976 that are
often violated by CICL
Condition No.
Table 7.89. Whether or not respondents know of minors [at the
time of commission and promulgation] who availed of probation Present himself/herself to the probation officer desig-
nated to undertake his/her supervision at such place as
Response No. per cent 1
maybe specified in the order within seventy-two hours
Yes 5 83.3 from receipt of said order
No 1 16.7 Report to the probation officer at least once a month
2
No Answer at such time and place as specified by said order
Total 6 100 Cooperate with a programme of supervision 1
Meet his/her family responsibilities 0
When asked if the minority of the applicant at the Devote himself/herself to a specific employment and
not to change said employment without the prior writ-
time of the commission of the crime is a positive ten approval of the probation officer
factor in granting the application for probation, two Undergo medical, psychological or psychiatric examina-
thirds (66.7 per cent) of the respondents said “yes”. tion and treatment and enter and remain in specified 1
institution, when required for that purpose
One third of the probation officers interviewed did
Pursue a prescribed secular study or vocational training 1
not give an answer.
Attend or reside in a facility established for instruction,
1
recreation or residence of persons on probation
Table 7.90. Whether or not the minority of the applicant at the time Refrain from visiting houses of ill-repute 0
of the commission of the crime is a positive factor in granting the
application for probation Abstain from drinking intoxicating beverages to excess 1
Response No. per cent Permit the probation office or an authorised social
Yes 4 66.7 worker to visit his home and place of work
No 0 - Reside at premises approved by it and not to change

2
his residence without its prior written approval; or
No Answer 2 33.3
Total 6 100.0 Other conditions related to the rehabilitation of the
defendant and not unduly restrictive of his/her liberty 2
or incompatible with his/her freedom of conscience
Total 12

Out of four probation officers who responded, one Table 7.94. Presence of a separate facility established for instruction,
recreation or residence of persons on probation who were minors
responded that probation has a positive effect on the at the time of commission of the crime
child while three said that probation has no posi- Response 5.7 No. per cent
tive effect on the child. Two officers did not give an Present 1 16.7
answer. Not present 0 -
No Answer 5 83.3
Total 6 100
Table 7.92. Observed effect of probation on CICL compared with
adult offenders who were also granted probation
Observed effect No.
Positive effect 1
None 3 When the probation officers were asked about cases
No answer 2 of probation granted to children, cases wherein the
Total 6 offence was committed while the applicants were still
children and they were still minors at the time of ap-
An overwhelming majority of the probation officers
plication or already adults at the time of application,
(83.3 per cent) interviewed responded that there is no
they were able to recall only a few instances. When the
difference in the programme of supervision between
researcher visited the office of the Probation Admin-
adults and children. One probation officer (16.7 per
istration to inquire about data on probation of those
cent) said there was a difference and that the child is
who were minors at the time of the commission of the
given an individualised treatment.
offence, they were told that data were not segregated
and presented according to the age of the applicant at
Table 7.93. Whether or not there is a difference between the pro-
gramme of CICL and adult offenders granted probation the time of the commission of the offence. There is no
Response No. per cent way of tracing cases of probationers who were minors
Yes 1 16.7 at the time of commission of the offence.
No 5 83.3
Total 6 100 The lack of concrete data on probation granted to mi-
nors may be explained by the few children who were
When asked if there is a separate facility for the instruc- convicted again for a second offence which exempts
tion, recreation or residence of persons on probation them from availing of suspension of sentence again and
who were minors at the time of commission of the their current sentence may be for more than six years,
crime, an overwhelming majority (83.3 per cent) of or their previous conviction was imprisonment not less
the probation officers interviewed gave no answer. One than one month and one day or a fine of not less than
probation officer (16.7 per cent) responded that there Php200, excluding them from the provisions of the
is a separate facility. Probation Law of 1976, as amended. This lack of data
is aggravated by the insufficient centralised system of
monitoring and recording cases of children in conflict
with the law, from the time of their arrest up to the
time of release or service of sentence.

There are also cases wherein the child changes his/her City Social Workers
name upon succeeding arrests. If such is the case and
if it remains undiscovered by officials during the trial,
the child may again be placed under suspension of BACKGROUND
sentence if found guilty. The appointment of a social welfare and development
officer is mandatory for city governments and they take
In instances wherein the child comes under probation, charge of the office of social welfare and development
it is up for the probation officers to determine the age of services. Although the responsibility of the national
the child, or if he or she is already an adult, to inquire level DSWD with respect to children in conflict with
on the age at the time of commission. Although only a the law was not among the functions devolved to the
few probation officers were interviewed compared with cities, city social workers extend social services to said
other pillars, majority of those interviewed said that children. The city social workers come in contact and
there is no difference in the programme of supervision work with children in their respective cities once they
between adults and children. This may explain their enter the criminal justice system, specifically, when a
responses when asked if they think probation has a case has already been filed in the family courts.
positive effect on children compared with adults – only
one said it has a positive effect. However, majority of
them said that when the applicant for probation com- DATA
mitted the offence while still a minor, such a factor is Based on the interviews conducted, Pasay City has the
positively considered for recommending to the court highest number of social workers (30), followed by
the approval of the application for probation. Caloocan (11), and Parañaque (8). The exact number
of city social workers in Manila and Quezon City,
With respect to the conditions of probation commonly where there are several offices scattered throughout the
violated by the children, two of them are related to the respective cities, is unknown.428
residence of the child: change of residence without per-
mission and failure to report regularly to the probation In cities where there is a separate detention and reha-
officer. During the interviews for all the pillars, there bilitation centre for children in conflict with the law,
were respondents who said that when parents move the numbers of social workers assigned are as follows:
residences, they take the child with them, regardless Manila Youth Reception Center (5), Pasay City Youth
of the consequences for the trial, rehabilitation or Home (5) , Molave Youth Reception Center (10).
probation. The government officers have a hard time In the cities of Caloocan and Parañaque where the
tracing the child, especially when the family left for children are detained in city jails, two and eight social
the province. workers work with the children, respectively.

Table 7.95. Total number of city social workers and those working Table 7.97. Specific assistance provided by the city social worker to
with CICL by city CICL
CSW Assistance No.
City Total CSW Working Counselling 10
with CICL
Case management 10
Pasay City 30 5
Home visitation 8
Caloocan 11 2
Legal assistance (follow-up court, public
Parañaque City 8 8 7
defender, etc.)
Manila no data 5 Medical/dental/psychological assistance 6
Quezon City no data 10
Skills management/training 4
Educational assistance 4
Although city social workers become involved in all Catechism/spiritual assistance 3
stages of the criminal justice system, from arrest to Provide food 2

Livelihood skills 1
release of the child and upon serving sentence, an over-
Total 55
whelming majority becomes involved with the children
at the following stages: upon release (17.5 per cent), Majority of the social workers get involved in cases
trial (16.25 per cent), detention pending trial (16.25 through referrals (62 per cent). When asked to identify
per cent), and rehabilitation (16.25 per cent). the persons who made the referrals, the social work-
ers identified the police, lawyers, court personnel,
Table 7.96. Stages in the criminal justice system where social workers barangay officials and concerned citizens. The child’s
get involved in the case of CICL
parents, guardians or relatives (19 per cent) and NGOs
Stage No.
Upon Release 14
also inform the city social workers about the case of
Trial 13 the child, initiating the involvement of the city social
Detention pending trial 13 workers. One city social worker indicated that they
Rehabilitation 13 learn of the case of the child during jail visitations,
Preliminary Investigation 7 hence, they get involved in the case and the welfare
While Serving Sentence 6 of the child.
Police Investigation 6
Arrest 2
Table 7.98. How the city social worker gets involved in the case of
Others 6 CICL
Total 80
Referrals 13 62
Among others, city social workers extend the fol- Parent/Guardians/Relatives 4 19
lowing assistance to the children: counselling; case NGOs 1 5
management; home visitation; legal assistance (through Others 3 14
follow-up to the court and lawyers); and medical, Total 21 100
dental and psychological assistance.

Table 7.99. Persons or agencies who made referrals to the city social In terms of services, the national-level DSWD may
worker
consider devolving such to city social workers since
Person/Agency No.
Police 11
they are already performing such functions. However,
Court 4 in terms of keeping centralised information nationally
Lawyers 2 on children in conflict with the law, including network-
Barangay officials 1 ing with NGOs and facilitating the dissemination
Concerned citizens 1 of such information, this is a function suited to the
Total 19
national office.
Based on the interviews, city social workers usually get

involved with the children upon their release or from
As mentioned above, the responsibility of the DSWD the trial stage onwards, including detention during
central office with respect to children in conflict with trial. Although some of the city social workers get in-
the law was not among the functions devolved to the volved during the arrest period, the arrest and detention
cities. However, based on the interviews of city social after arrest stages are areas that should be given focus.
workers conducted for this project, they already extend Even if the law provides immediate turnover of the
social services to said children. The services are more child to the DSWD or local rehabilitation centre,429
comprehensive with respect to cities with separate there are instances wherein the child has to spend days
detention and rehabilitation centres for children like in the jails in police precincts after their arrest. One
Manila, Pasay and Quezon City. This is due to the way this may be prevented is for the social workers to
full-time work and focus given by social workers to conduct regular visits in police precincts.
children already detained in said centres.

8 Diversion
This chapter presents the data collected on the views In compliance with its provisions, the Supreme Court
and practices of the respondents across all pillars of of the Philippines issued the Rules on Juveniles in
the criminal justice system regarding diversion. On Conflict with the Law,431 which took effect on 15
April 15, 2002, the Rules on Juveniles in Conflict with April 2002.
the Law issued by the Supreme Court became effec-
tive. The Rules defined diversion and provided for its The Rules define diversion as “…an alternative child-
coverage and procedure. However, for the purposes of appropriate process of determining the responsibility
the questionnaires,430 diversion was defined, not as the and treatment of a juvenile in conflict with the law
specific and technical term used in the Supreme Court on the basis of his/her social, cultural, economic,
Rule on Juveniles in Conflict with the Law but as a psychological or educational background without
general principle that the child should be removed from resorting to formal court adjudication”432 and diver-
criminal justice processing, ie, settle the case within the sion programmes as “programmes that the juvenile in
respective five pillars of the criminal justice system or conflict with the law is required to undergo in lieu of
not to proceed with the case itself. formal court proceedings.”433
The diversion programme covers offences where the

Basis maximum penalty imposed by law for the offence with
which the child in conflict with the law is charged is
The Convention of the Rights of the Child provides imprisonment of not more than six months, regard-
that: less of fine or fine alone regardless of amount, and the
corresponding complaint or information is filed with
3. States Parties shall seek to promote the estab- the Family Court.434
lishment of laws, procedures, authorities and
institutions specifically applicable to children The procedure provided in the Rule is as follows:
alleged as, accused of, or recognized as having
infringed the penal law, and, in particular: 1. Referral to Diversion Committee
… (b) Whenever appropriate and desirable, Instead of setting the case for arraignment, the
measures for dealing with such children with- case will be referred to the Diversion Commit-
out resorting to judicial proceedings, providing tee.435 Pending determination by the Committee,
that human rights and legal safeguards are fully the court shall deliver the child on recognisance to
respected. the custody of his or her parents or legal guardian
who shall be responsible for the presence of the
4. A variety of dispositions, such as care, guidance child during the diversion proceedings.436
and supervision orders; counselling; probation;
2. Conference
foster care; education and vocational training
programmes and other alternatives to insti- The chairperson of the Committee shall call for
tutional care shall be available to ensure that a conference with notice to the child, his or her
children are dealt with in a manner appropriate parents/legal guardian and his or her counsel, and
to their well-being and proportionate both to the private complainant and his or her counsel,
their circumstances and the offence. and recommend to the Family Court whether the

child should be diverted to a diversion programme Views and Practice of the Five Pillars
or undergo formal court proceedings.437
3. Diversion recommended438
DIVERSION OF CHILDREN FROM THE CRIMINAL
If the Committee recommends diversion, it shall JUSTICE SYSTEM
submit the diversion programme439 for the child
Majority of the Community respondents (66 out of
for the consideration and approval of the court.
118) and Barangay Tanod (31 out of 58) agree that
The Family Court shall set the recommendation
ALL children should be diverted. Respondents from
and diversion programme for hearing within 10
the Correction pillar were equally divided in terms of
days from receipt thereof.440
their responses. Majority of the City Social Workers
4. Closure order (11 out of 17), Police (38 out of 77), and the Court
The child, subject of diversion proceedings, shall and Prosecution (28 out of 65) answered that diversion
be visited periodically by the Family Court social will have to depend on several factors.
worker who will submit to the Committee his or
In considering diversion, the priority and most com-
her reports thereon. If the child has complied with
mon consideration among respondents is the gravity
his or her undertaking, the Family Court shall is-
and nature of the offence committed by the child. The
sue the corresponding closure order terminating
respondents said that their answers depend on the fol-
the diversion programme.441 In the event the court
lowing factors: <table 8.2>
finds that the diversion programme will no longer
serve its purpose, it shall include the case of the
child in its calendar for formal proceedings.442 LEVEL WHERE DIVERSION SHOULD OCCUR
When given the choice, most of the respondents from
[See Figure 8.1 for the flowchart of the diversion procedure.]
the Community (77), Police (40), Probation (4), and
City Social Workers (12) think diversion should occur
at the community level. However, most of the Court
and Prosecution (29) and Correction (4) officials think
that diversion should occur at all levels.
The emphasis on community as the level at which the

diversion process should occur may be explained by the
community’s role in the life of a child. The community
is composed of families to which a child belongs and
its role in the formation of the child. Most of the in-
terviewed respondents rely on the community, as the
pillar, which is most familiar with the children and their
family background. The members of the community
interact with the child on a more personal level.
Chapter 8 • Diversion 165

Table 8.1. Distribution of responses regarding whether or not ALL CICL should be diverted from the criminal justice system by pillar
Pillar of justice*
Response
COMM POL BT CRT/PROS CORR PROB CS W
Yes 66 27 31 24 4 2 6
No 13 11 4 11 0 0 0
Maybe 38 38 22 28 4 4 11
No Answer 1 1 1 2 0 0 0
Total 118 77 58 65 8 6 17
* COMM stands for community; POL for police; BT for barangay tanod; CRT/PROS for courts and prosecution; CORR for correction; PROB
for probation and CSW for city social worker.
Table 8.2. Considerations for diversion

Factor No.
Gravity and nature of the offence 76
Child is recidivist/repeat offender 12
Case to case basis 6
Personality or nature of the child 5
Preference of complainant 4
Age of child 4
Cicl under the influence of drugs 2
Early resolution 1
Precinct 1
To separate from convicts 1
Total 112
Table 8.3. Distribution of responses by Level where diversion should occur and by pillar
Level COMM POL BT CRT/PROS CORR PROB CSW
Community 77 40 27 3 4 12
Law Enforcement 6 5 5 7 2
Prosecution 2 3 3 6 1 1
Court 1 2 3 10
All Levels 22 13 8 29 4 4
Table 8.4. Distribution of responses by whether or not the respondent PERSONALLY practises diversion and by pillar
COMM POL BT CRT/PROS CSW
Response
No. % No. % No. % No. % No. %
Yes 78 66.1 36 46.8 35 60.3 48 73.8 13 76.5
No 26 22.0 35 45.5 16 27.6 12 18.5 3 17.6
No Answer 14 11.9 6 7.8 7 12.1 5 7.7 1 5.9
Total 118 100 77 100 58 100 65 100 17 100

PRACTICE OF DIVERSION With respect to the Police officers, they practise the
Majority of the respondents interviewed across all the following forms of diversion:
pillars personally practise diversion. The City Social
• Talk with the Complainants and if they agree, ask
Worker (76.5 per cent) and the Court and Prosecu-
them to sign the blotter
tion pillar (73.8 per cent) had the highest number of
respondents who answered that they personally practise • Ask the parents of the child to sign the blotter if
diversion; followed by the Community (66.1 per cent). there is settlement
Among the pillars, the Police had the lowest number • Encourage parents of child to talk with Com-
of respondents who practise diversion (46.8 per cent). plainant and the latter to settle the case
According to some of the police officers, they do not
• To reprimand the child, ask child to clean the
practise diversion because they do not want to be ac-
office
cused by the complainants of favouring the children
or of receiving money from the parents of the child. • If first time offender, child is given a warning and
To prevent these accusations, they just endorse the case a second chance
to the public prosecutors or the courts. • Ask guidance counsellor of school to be a wit-
ness
Based on the interview of Community and Barangay
• Refer the child to the barangay
Tanod respondents, the following forms of diversion
practices emerged: • Lecture the child, especially the parents
• Procedure under the Katarungang Pambarangay The Court and Prosecution practise the following
Law forms of diversion:
• Informal talks with the child, giving him advice
• Diversion under the Rule on Juveniles in Conflict
• Children are given three chances, otherwise they with the Law
are turned over to the DSWD
• Talk with the police officers and the complain-
• Child asked to sign a letter, which promises that ant
he will no longer violate the law
• If the Complainant does not appear during trial,
• Ask child to clean the streets or tasks to beautify dismiss case
barangay
• Ask the Public Prosecutor if settlement is pos-
• Call parents of the child and ask them to sign an sible
agreement
• During pre-trial stage, ask the Complainant to
• Talk with both parties and urge them to settle the settle the case
case amicably
• Give sermon to parents and/or the child When asked if their colleagues practise diversion, an
overwhelming majority of Community respondents
• Ask parents or child to pay damages
(61.6 per cent) and City Social Workers (64.7 per cent)
• Give warning to first offenders and almost half (53.4 per cent) of the Barangay Tanod
• Ask children why they committed the crime respondents answered in the affirmative. For the Police,
Court, and Prosecution, only a third, 36.4 per cent and

32.3 per cent, respectively, answered in the affirmative. When asked if their office have an “official” diversion
Their answers may be explained by the hesitancy of the programme, half (50.8 per cent) of the Community
police to practise diversion as previously mentioned respondents answered NO and several (19.5 per cent)
and the fact that for the Court and Prosecution, the said they only have unofficial diversion programmes.
Rules on Juveniles in Conflict with the Law issued by For the Police, 50.6 per cent gave a negative answer
the Supreme Court became effective only in 2002 and and several (20.8 per cent) said that they only have
there may be court officers who are not yet aware or unofficial diversion programmes. Almost one third of
practise diversion under said Rules. the Barangay Tanods (24.1 per cent) and the Court
Table 8.5. Distribution of responses by whether or not the respondent’s colleagues practise diversion and by pillar
Response
No. % No. % No. % No. % No. %
Yes 73 61.9 28 36.4 31 53.4 21 32.3 11 64.7
No 10 8.5 4 5.2 4 6.9 10 15.4
Do Not Know 15 12.7 3 3.9 4 6.9 21 32.3 2 11.8
Depends 2 2.6 2 3.4 2 3.1
No Answer 20 16.9 40 51.9 17 29.3 11 16.9 4 23.5
Total 118 100 77 100 58 100 65 100 17 100
There are respondents who replied that the practice of and Prosecution (26.2) answered that they officially
diversion depend on the following factors: preference have diversion. Majority (41.2 per cent) of the City
of complainant, workload, qualification of their col- Social Workers said they practise diversion only unof-
leagues, gravity of the offence committed by the child, ficially.
the Barangay Chairperson settles the case in the com-
munity, if there is a seminar given on diversion, and Among the pillars, it is only the Court, which has an
on the barangay, if they practise diversion. official diversion programme as provided for under
the Rules on Juveniles in Conflict with the Law. The
Table 8.6. Distribution of responses by considerations in the practice
Katarungang Pambarangay Law, which preceded the
of diversion Rules by more than 20 years, provides for conciliation
Consideration No. and mediation proceedings at the community level. It
Preference of complainant 1 may also be considered as a form of diversion at the
Workload 1 community level. What is important to note is that
Qualification of colleagues 1
even without an “official” diversion programme for
Gravity of offence 1
other pillars, respondents already practise diversion in
Chairperson settles the case 1
If there is a seminar on diversion 1
general terms.
Depends on the barangay 1
TOTAL 7

An overwhelming majority of the Community (64.4 An overwhelming majority of the Police (68.8 per
per cent), Police (80.5 per cent), Barangay Tanod (62.1 cent), Barangay Tanod (72.4 per cent) and Court and
per cent) and Court and Prosecution (63.1 per cent) Prosecution (72.3 per cent) did not give answers as to
did not give answers as to the number of children the number of children diverted in a year. However,
diverted in a month. Of those who answered, most of of those who gave an answer among the pillars who
the pillars divert five children or less in a month. answered the question, majority of them divert 10
children or less in a year.
Table 8.7. Distribution of responses by whether or not the pillar of justice has an official diversion programme and by pillar
Response COMM POL BT CRT/PROS CSW
No. % No. % No. % No. % No. %
Yes 12 10.2 6 7.8 14 24.1 17 26.2 6 35.5
No 60 50.8 15 19.5 13 22.4 26 40.0
Do Not Know 3 2.5 1 1.3 1 1.7 2 3.1
Unofficial Diversion Only 23 19.5 16 20.8 12 20.7 12 18.5 7 41.2
No Answer 20 16.9 39 50.6 18 31.0 8 12.3 4 23.5
Total 118 100 77 100 58 100 65 100 17 100
Table 8.8. Distribution of responses by the average number of CICL diverted in a month and by pillar
COM POL BT CRT/PRS CSW
No. of children diverted
No. % No. % No. % No. % No. %
None 4 3.4 1 1.3 2 3.4 1 1.5 0 -
5 or less 25 21.2 11 14.3 14 24.1 21 32.3 13 52.9
6-10 7 5.9 2 2.6 2 3.4 1 1.5 3 17.6
11-15 2 1.7 0 - 1 1.7 1 1.5 0 -
16-20 1 0.8 0 - 1 1.7 0 - 0 -
21-25 1 1.3 1 1.7 0 - 0 -
25-30 3 2.5 0 - 0 - 0 - 0 -
More than 30 0 - 0 - 1 1.7 0 - 0 -
No Answer 76 64.4 62 80.5 36 62.1 41 63.1 5 29.4
Total 118 100 77 100 58 100 65 100 17 100
Table 8.9. Distribution of responses by the average number of CICL diverted in a year and by pillar
No. of children diverted
No. % No. % No. % No. % No. %
None 2 1.7 1 1.3 1 1.7
10 or less 26 22.0 16 20.8 7 12.1 8 12.3 9 52.3
11-20 6 5.1 4 5.2 2 3.4 5 7.7 3 17.6
21-30 4 3.4 1 1.3 1 1.7 2 3.1
31-40 1 0.8 1 1.5
41-50 1 1.3 1 1.5
More than 50 12 10.2 1 1.3 5 8.6 1 1.5
No Answer 53 68.8 42 72.4 47 72.3 5 29.4
Total 118 100 77 100 58 100 65 100 17 100

FACTORS CONSIDERED IN DIVERSION City Social Workers

The five topmost factors considered by the different 21. Nature of offence (58.8 per cent);
pillars in deciding to adopt diversion are as follows. 22. Age of child (52.9 per cent);
Community 23. Community safety (35.3 per cent);
1. Nature of offence (69.5 per cent); 24. Complainant’s preference (29.4 per cent); and
2. Age of child (67.8 per cent); 25. Reputation of child (29.4 per cent).
3. Family support (53.4 per cent);
All pillars listed the nature of the offence and the age
4. Community safety (50.8 per cent); and of the child as the two most important factors when
5. Previous criminal record (50 per cent). deciding whether to divert the child or not. For some
Police
of the respondents, if the offence involved crimes
like murder or rape, which they deem very serious,
6. Nature of offence (40.3 per cent);
they would not want diversion to be applied to the
7. Age of child (35.1 per cent); child. Among the factors they consider is the previous
8. Complainant’s preference (29.9 per cent); criminal record of the child. Some of the respondents
view that if the child previously committed an offence,
9. Family support (27.3 per cent); and
diversion is less likely to succeed.
10. Previous criminal record of child (23.4 per
cent). Except for the Barangay Tanod and Police, commu-
Barangay nity safety is a major consideration for all the pillars.
Community respondents consider also the family sup-
11. Nature of offence (60.3 per cent);
port given to the child in the diversion process. With
12. Age of child (50 per cent); the Police, they give weight to the preference of the
13. Sex of child (43.1 per cent); Complainant in deciding whether to divert or not. As
14. Reputation of child (41.4 per cent); and previously mentioned, the police officers do not want
to be accused by the complainant of giving preference
15. Previous criminal record (39.7 per cent). to children accused of committing an offence.
16. Nature of offence (67.7 per cent); Other factors listed by all the respondents include the
physical, psychological and mental capacity and nature
17. Age of child (61.5 per cent); of the child, including his/her personality and his/her
18. Previous criminal record (50.8 per cent); capacity for change; whether the child is studying; the
19. Community safety (44.6 per cent); and preference of his/her parents or guardians; and the
reason why the child committed the offence.
20. Availability of government programmes for the
child (43.1 per cent).

Table 8.10. Distribution of responses by factors in the decision to divert CICL by pillar
Factors
No. % No. % No. % No. % No. %
Age of CICL 80 67.8 27 35.1 29 50.0 40 61.5 9 52.9
Gender of CICL 58 49.2 18 23.4 25 43.1 24 36.9 4 23.5
Nature of the offence committed 82 69.5 31 40.3 35 60.3 44 67.7 10 58.8
Economic class/status of CICL 46 39.0 17 22.1 19 32.8 23 35.4 5 29.4
Previous criminal record 59 50.0 18 23.4 23 39.7 33 50.8 5 29.4
Reputation of child 57 48.3 14 18.2 24 41.4 23 35.4 5 29.4
Community safety 60 50.8 15 19.5 20 34.5 29 44.6 6 35.3
Complainant’s preference 46 39.0 23 29.9 21 36.2 22 33.8 5 29.4
Availability of government pro-
37 31.4 10 13.0 13 22.4 28 43.1 4 23.5
grammes for CICL
Availability of government funds
30 25.4 9 11.7 13 22.4 20 30.8 3 17.6
for CICL
Opportunity for rehabilitation 52 44.1 13 16.9 23 39.7 38 58.5 6 35.3
Family support 63 53.4 21 27.3 23 39.7 41 63.1 12 70.6
Table 8.11. Other factors considered in diversion Involvement of Children

FACTORS No.
Physical, mental and psychological behaviour Majority of the respondents in the Community (52.5
15
of child per cent), Barangay Tanod (43.1 per cent), Court and
Education of child/child is studying 12 Prosecution (52.3 per cent), and City Social Workers
Preference of relatives/guardian 7
(58.8 per cent) involve children in the decision as to
Reason why child committed crime 5
whether to divert or not. Although the majority (51.9)
Decision of the complainant 3
Capacity of parents/guardians to take care
of the Police respondents gave a negative answer, several
3
of Child (31.2 per cent) said that they involve children in the
Agreement between parties 2 decision.
Number of offences of child 2
Recommendation of social worker 2
Case to case basis 1 There are respondents who said that the involvement
Child working 1 of the child in the decision regarding diversion would
Community relationship 1 depend on the parents, with some saying that it is the
Gravity of the offence 1 parents who are consulted on the decision; nature or
Social standing of child 1 gravity of the offence; maturity of the child; willingness
Availability of playground/recreation 1
of the child; Complainant’s preference; whether child
Suggestion of the barangay council 1
is a repeat offender; and depending on the decision of
Relationship of complainant with offender 1
TOTAL 59
the Barangay Chairperson who handles the cases.

Table 8.12. Distribution of responses by whether or not to involve the CICL in the decision to divert him/her and by pillar
Response
No. % No. % No. % No. % No. %
Yes 62 52.5 24 31.2 25 43.1 34 52.3 10 58.8
No 25 21.2 9 11.7 10 17.2 8 12.3 2 11.8
Depends 7 5.9 4 5.2 2 3.4 2 3.1 1 5.9
No answer 24 20.3 40 51.9 21 36.2 21 32.3 4 23.5
TOTAL 118 100 77 100 58 100 65 100 17 100
Table 8.13. Considerations in involving the CICL in the decision to There are respondents who answered that the follow-
adopt diversion
up of children depend on factors such as availability
Consideration No.
Parents 5
of time and workload, nature of offence, if the child
Nature/gravity of offence 4 is a repeat offender, whether the child needs it, and
If the child is willing 2 when there are available funds to conduct follow-up
Maturity of the child 2 activities. Other pillars said that officials of other pillars
If CICL is recidivist, he/she is brought to the
1 conduct the follow-up.
centre
Depends on the Complainant 1
Depends on the Barangay Chairperson 1 Table 8.15. Distribution of responses by considerations in doing
follow-up
TOTAL 16
Consideration No.
Follow-up After Diversion Other pillars conduct follow-up 4
Nature of the offence 3
Among the pillars, the City Social Workers are the ones If we have time/workload 2
who gave the highest number of affirmative responses Child is a repeat offender 2
(76.5 per cent) when asked if their office follow-up Only if the child needs it 2
after the turnover of the children to their families. Funds are available 1
Majority (54.2 per cent) of the respondents from the TOTAL 14
Community also conduct follow-up activities. Some
of the respondents from the Barangay Tanod (39.7
per cent) and Court and Prosecution (33.8 per cent)
also conduct follow-up activities, with the Police hav-
ing the smallest number of respondents who conduct
follow-up activities.
Table 8.14. Distribution of responses by whether or not the respondent or his/her office does follow-up with the children and by pillar
Response
No. % No. % No. % No. % No. %
Yes 64 54.2 10 13.0 23 39.7 22 33.8 13 76.5
No 19 16.1 24 31.2 13 22.4 20 30.8 0 -
Depends 9 7.6 5 6.5 3 5.2 2 3.1 0 -
No Answer 26 22.0 38 49.4 19 32.8 21 32.3 4 23.5
Total 118 100 77 100 58 100 65 100 17 100

Figure 8.1. The Diversion Process
COVERAGE: Cases wherein law provides maximum

penalty of not more than 6 months imprisonment
Pending determination by the Committee, child is released Instead of arraigning child, Family Court REFERS case to
to the custody of his or her parents /legal guardian Diversion Committee [1]; child is not arraigned
Chairperson of committee CALLS FOR A CONFERENCE with notice to the child, his or her
parents/legal guardian and counsel, and the complainant and his or her counsel
Committee DOES NOT RECOMMEND diver- Committee RECOMMENDS diversion to Court

sion; case is scheduled for arraignment and trial and DESIGNS a diversion program [2]
Court schedules HEARING within 10 days from receipt of recommen-

dation TO CONSIDER the recommendation and diversion program
Recommendation and diversion program NOT Child given benefit of DIVERSION PROGRAMME;
GRANTED; case is scheduled for arraignment child signs an UNDERTAKING [3] together with
and trial his or her parents and the complainant
PERIODIC VISITS by the court social worker; social worker submits

report to the Committee
Committee FILES with the Family Court a REPORT recommending

closure or extension of diversion period
Court CONDUCTS HEARING within 15 days from receipt of report;

notice is given to child, his or her parents/legal guardian and his or her
counsel and complainant and his or her counsel
Upon finding that the diversion program no Court EXTENDS period of Court issues closure order TERMINATING
longer serve its purpose, Court SCHED- diversion to give child fur- diversion program upon finding that child
ULES case of child for arraignment and trial ther time to be rehabilitated fully complied with his or her undertaking
[1] The Diversion Committee in the Family Court is composed of its branch clerk of court as chairperson, and the prosecutor, a lawyer of
the Public Attorney’s Office and the social worker assigned to the said court as members.
[2] The design of the diversion programme is distinct to each and may include any or a combination of the following: Written or oral repri-
mand or citation; Return of property; Payment of the damage caused;Written or oral apology; Guidance and supervision orders; Counselling
for the juvenile and his family; Training, seminars and lectures on (i) anger management skills; (ii) problem-solving and/or conflict resolution
skills; (iii) values formation; and (iv) other skills that will aid the juvenile to properly deal with situations that can lead to a repetition of the
offence; Participation in available community-based programs; Institutional care and custody; or Work-detail program in the community.
[3] The undertaking describes the diversion and also contains the following terms and conditions: The child shall present him or herself to
the social worker of the Family Court that approved the diversion programme at least once a month for evaluation of its effectiveness and
that the child shall faithfully comply with the terms and conditions in the undertaking.

9 Summary
This chapter presents a summary of the findings gener- jewelry and accessories. In cases involving possession of
ated by the research project. weapons, the most common are fan knives, followed
by guns and ammunitions, and sumpak.
Profile of the Child in Conflict with Most of the offences are committed in Quezon City
the Law and Manila. In Quezon City, the most common areas
where children allegedly commit crimes are in Cubao,
Children in conflict with the law are usually male, Novaliches, Balintawak, Tatalon, Project 8 and Greater
aged 17 years at the time of commission. They reside Lagro. In Manila, the common areas are in Tondo, Sta.
in the city, most probably in Manila or Quezon City. Cruz, Quiapo, Binondo, and Sampaloc. In Caloocan,
The children either finished or are currently enrolled it is in: Grace Park, Bagong Silang, Dagat-Dagatan,
in Grade 6, 1st year or 2nd year high school. Monumento, Bagong Barrio, and Tala. For Parañaque,
offences are often committed in Baclaran, Daughters,
The children are living with their parents who are still BF Homes, Better Living, and Evacom. In Pasay,
alive and living together as husband and wife. The par- Malibay, Dolores Street and Rotonda are the most
ents work in the labour sector, mostly within the service common areas.
industry, with known low wage. There are children who
were working before their arrests and majority of them The offences are usually committed in the streets, in
work as vendors. Only a small number of children are the house of other people or buildings; and in stores,
living with a partner and are members of a gang. malls or markets.
The most common criminal charges against the Children in conflict with the law are often charged
children involve crimes against property, specifically, together with a co-accused. The co-accused are also
robbery theft, qualified theft, malicious mischief, and children themselves. In some cases, they are already
estafa. This is followed by crimes against persons, adults or both adult and children. In some cases, the
violation of ordinances, special laws, and drug-related co-accused are related by blood to the child in conflict
offences. With respect to female children, the most with the law.
common violations they are charged with after crimes
against property are drug-related offences and viola- Most of the time children are apprehended by police
tions of ordinances. officers, followed by barangay officials, specifically the
barangay tanod. During arraignment, children often
Complainants in the cases against children involving plead not guilty. The interval between the arrest or sur-
crimes against persons and sex-related offences also render and the date of arraignment is usually from one
include children. month to three months. Almost all of the children are
represented by public defenders from the PAO.
In cases of drug-related offences, the most common
drugs involved are shabu and rugby. Children are Most of the children are either staying at DSWD-run
charged with the use, possession or sale of prohibited training and rehabilitation centres or are in the custody
drugs. In cases of crimes against property, specifically of their parents, relatives or non-relatives, upon release
theft and robbery, the most common item stolen is the on recognizance or posting of bail. However, there are
cell phone, followed by clothes and shoes, wallets, bags, a significant number of children detained in jails.

Community Pillar Third, it is to the community where children return

after their apprehension, detention or service of sen-
Based on the current situation, the community plays tence. Results of the project show that there is a lack
three roles in the involvement of children with the of established programmes to address community
justice system. First, they can be the source of ordi- reintegration and rehabilitation of children in conflict
nances that penalise acts that may both be committed with the law. The appropriateness of community-based
by children and adults or non-penal ordinances that reintegration and rehabilitation programmes cited by
benefits children, ie, creation of programs for the re- the respondents are also questionable, ie, curfew, clean-
habilitation of children in conflict with the law within ing of the community, drug-testing or sports activities.
the BCPC. The results of the project show that the Some respondents even said that the children are re-
ordinance-making power of the barangay has not been ferred back to rehabilitation centres or their parents.
maximised to benefit children. If ordinances relating
to children exist at all, it is to prohibit acts and provide The role of the community with respect to maintain-
penalties for such violations, including imprisonment. ing peace and order has been emphasised. A concrete
Violation of ordinances is among the most common manifestation of this is the drive to impose a curfew
offences for which children are charged. Knowledge on children, specifically in the cities covered by this
of existing barangay ordinances that relate to children project. As mentioned above, the role of the com-
in conflict with the law is not common among the munity extends further with respect to children in
respondents. conflict with the law. The establishment of a working
BCPC with appropriate programmes that benefits
Although law has mandated the establishment of children in conflict with the law must be emphasised
BCPCs since 1975, there is only a limited number of with the community leaders. All pillars refer to the
functional BCPCs in the cities covered by this project, community as the level where diversion should occur
with fewer BCPCs with children or youth among its and the community must be able to take on this role
members. Based on the answers of respondents, the with appropriate training not only on laws but also to
committees within the functional BCPCs are the the underlying principles of said laws and sensitivity
same as the general committees established within the to needs and situation of children.
barangay, with programmes on children focusing more
on sports activities, feeding, education, livelihood and
economic assistance. Law Enforcement Pillar
Second, it is in the community where children are An overwhelming majority of law enforcement officers,
also apprehended. The community has peace and both barangay tanods and police officers, identify
order programmes and is part of the law enforcement themselves as such to children upon arrest and they also
level through the barangay tanods. Aside from police present identification, ie, ID or badges, and they usu-
officers, children are often apprehended by barangay ally wear uniforms. At the time of arrest, they inform
tanods and spend time in holding cells. In each ba- the child of the reasons for the arrest. After which, law
rangay hall, there is usually only one holding cell and enforcement officers notify the DSWD, police, parents,
children detained spend time in the company of adult barangay officials, and the WCCD. However, interview
offenders. with the children revealed that although the reason for
Chapter 9 • Summary 175

their arrest were explained to majority of them, the the following authorities: DSWD; youth detention
majority of the apprehending officers did not identify centres such as the Molave Youth Reception Center,
themselves as such and most of the children were not Manila Youth Reception Center, or Pasay Youth Home;
informed of their rights. police headquarters; Office of the Prosecutor; and the
WCCDs. Other places to which or persons to whom
Even though the law requires both physical and mental the child is turned over include the following: parents,
examination, emphasis has been given to the former in homeowner’s association, courts, barangay chairs and
practice. In fact, majority of the children interviewed the Manila City Hall.
were brought to the appropriate persons or agencies
for medical examination. It is only in obvious cases, Based on the interviews, the following practice ap-
ie, child is manifestly mentally challenged, wherein pears: once a barangay tanod arrests a child, the child
children are brought for mental examination. In prac- is brought to the barangay hall for documentation. The
tice, the mental examination seems to be more of an child is then brought to the police station or a police
exception rather than the general rule. Also, under the officer is summoned to the barangay hall to bring
Rules on Juveniles in Conflict with the law, the duty to the child to the police station. In the course of these
bring the child to the appropriate person or agency for proceedings, the barangay tanod usually informs the
mental examination rests upon the person who takes family or relatives of the child and they accompany
the child in custody and this is not limited to police the child to the police station. When in the custody of
officers. Comparing the responses of the barangay the police, the child is then brought to the appropriate
tanods and the police officers, the latter implement person or agency for physical and mental examination
the said provision more than the former. as abovementioned.
In police precincts, majority of the respondents said Despite the rule to the contrary, a number of barangay
that children of opposite sexes are detained in separate tanods and police officers who conduct investigations
quarters. However, with respect to separate detention of alone with the child and the figure is higher for ba-
children from adults, the figure is much lower. Com- rangay tanods. However, majority of the respondents
pared with the response of police officers, barangay said that they conduct the investigation of the child in
tanods gave a much lower figure when asked if children the presence of another person. Children are usually
are detained separate from the opposite sex and from accompanied by their parents, followed by relatives
adults. This may be explained by the observation during in cases wherein the investigation is being conducted
the interviews that in police stations, there are usually by the barangay tanods and the children’s guardians
only two cells, one for males and the other for females when it is done by police officers. Although required by
arrested. In the community, however, there is usually law, the investigation of children is usually conducted
only one holding cell inside the barangay hall. without the presence of a lawyer.
Majority of the children interviewed were not detained Only a very small number of barangay tanods fin-
in quarters separate from adults and there were a few gerprint children compared with more than half of
children detained with members of the opposite sex. the respondent police officers. The practice of finger-
printing children is more common with the police.
Based on the practice of the barangay tanods and the However, when asked if fingerprint files of children
police officers, children are usually turned over to

are kept separate from those of adults, the figures may be explained by the fact that police officers receive
become smaller, with both the barangay tanods and more training on the legalities of apprehension and the
police officers. rules to follow when apprehending persons, especially
children, compared to barangay tanods. As barangay
With respect to taking pictures of children, only a tanods also come into direct contact with children
small number of barangay tanods responded that their in conflict with the law and they are sometimes the
officers take the photographs of children. Taking the first contact that the child has to the criminal justice
pictures of persons arrested do not seem to be a prac- system, focus should be given to the training of the
tice within the community level with some barangay barangay tanods on the proper handling of children
tanods saying that they do not have the resources to in conflict with the law, not only in terms of what is
do so. More than half of respondent police officers provided under the law but also in handling the child
said that taking photographs of children is practised with sensitivity.
in their office. However, only half of said respondents
said that the photograph files of children are kept
separate from adults. Court and Prosecution
Based on the answers of both barangay tanods and Based on the data generated from the interviews
police officers, the removal and destruction of fin- conducted with the respondents from the court and
gerprint and photograph files of children, if the case prosecution pillar, it is apparent that majority of them
against the child is not filed or dismissed or when the are at least familiar or aware of the procedure involving
child reaches the age of 21 and there is no record that the prosecution and trial of cases involving children
he/she committed an offence when reached 18 years in conflict with the law, and whose family courts are
of age, is rarely practised in both the community and conducting the trial of CICL cases in accordance with
law enforcement level. the Rules on Juveniles in Conflict with the Law.
Only a few offices where respondent barangay tanods It must be noted, though, that respondents made cer-
and police officers work keep the blotters and records tain explanations regarding their own interpretation
separate for children in conflict with the law. The num- of the Rules. While a few discussed that their courts
ber of police officers who said that their offices keep followed the Rules to the letter, some of them apply
separate records and blotters for children is slightly the Rules liberally, especially when it involves the ap-
higher than that of barangay tanods. plication of the diversion programmes.
Comparing the answers of the police officers and ba- According to the Rules, diversion proceedings before
rangay tanods, the more police officers implement the arraignment shall only apply if the CICL is charged
provisions of the law than the latter, from informing the with an offence punishable by imprisonment for a
children the reason for their custody; taking the child maximum period of not more than six months, or if
to the appropriate agencies for physical and mental the penalty is only a fine, regardless of amount.443 Based
examination; detaining children in quarters separate on the remarks of several respondents, they conduct
from adults and that of the opposite sex; investigating diversion proceedings even if the offence involved is
the child in the presence of another person; and pro- punishable by imprisonment of more than six months.
viding separate blotters and records for children. This They say that there are very few cases nowadays, which

involve penalties less than six months. If they do not there are courts, which do not comply with the Rule
apply diversion proceedings for CICL cases, which do on exclusion. If the Rules will be read closely, however,
not qualify under the law, most, if not all of these cases it states that the courts may exclude the public.”444 This
will have to undergo the regular procedure, and will means that it is not mandatory; hence, the courts are
generally not be to the best interests of the child. giving the discretion to determine whether the public
will be excluded or not.
The data gathered for this project reveal that majority
of the respondents affirm the existence of a diversion Another notable observation is the answers of the re-
committee in their respective courts. However, their spondents to the questions on what terms are used by
observations on how the procedure is being applied court officers and lawyers during proceedings to refer
shows that there is no hard and fast rule for the courts to the CICL. According to some of them, the officers
to follow, given the different situations that may involve refer to children as “accused,” “accused minor”, “juve-
court dockets, and limitations in facilities in courts. nile delinquent,” and “minor,” generally. While a few
Although some respondents appeared at a loss on how refer to the CICL by their first names, most of them
to conduct diversion proceedings, they claim that they still use terms, which according to the Rules are pro-
use their best judgment in conducting proceedings to hibited terms.445 Somehow, this shows that the courts
ensure that they consider the best interests of the child, have generally not yet strictly enforced the prohibition
even if they do not strictly abide by the Rules. against labelling of children.
It can be observed further, that although most of the In sum, most of the data gathered can show that some
respondents said their courts have diversion commit- family courts are already compliant with the Rules on
tees and practise diversion proceedings, quite a number Juveniles in Conflict with the Law. However, it is also
of them said their courts still do not. Notably, the Rules very clear that the enforcement of the Rules as well
became effective on 15 April 2002. Given the lapse as the premises that touch on the best interests of the
of time from its effectivity to the dates the interviews child, on which the Rules are based, has much room
for this project was conducted, it may be inferred that for improvement.
strict compliance to the Rules by the family courts has
not been enforced fully.
APPLICABLE RULES ON PRELIMINARY
Based on the comments of some respondent judges, INVESTIGATION
it seems that they have not been properly informed or According to the Rules on Juveniles in Conflict with
briefed on how the Rules should apply. Consequently, the Law, where preliminary investigation is required,
their liberal and informal application takes precedence, the rules that will be followed will be the provisions of
of course with consideration of the best interests of Section 3 of Rule 112 of the Revised Rules on Criminal
the CICL. Procedure. If these provisions were to be applied, it
would take at least 25 days446 before the case will be
Worth noting are the responses of the interviewees to filed or dismissed, if the prosecutor finds ground to
the questions including the exclusion of the public continue with the investigation and if he/she finds it
during trial of CICL cases. Majority said their courts necessary to set the case for hearing.
allowed for exclusion, and close to that number said
that it depends. At the onset, it would appear that

It would appear that 25 days, at the least, might not be protected. The Rule on Summary Procedure was
be favourable to the child, considering that most chil- also discussed in the preceding chapter on City and
dren would have been detained during the duration Barangay Ordinances.
of the Preliminary Investigation. Since upon filing of
the information, the court may immediately order the
release of the child on recognisance or on bail, except Correction Pillar
in certain circumstances, it would not be in the best
With respect to the correction level, a major concern
interest of the child to be held in custody for 25 days
is the lack of separate detention centres for children
while his or her case is still undergoing preliminary
in conflict with the law, specifically in the cities of
investigation.
Caloocan and Parañaque. This has been pointed out
It may be recommended that the same diversion pro- by several surveys and studies conducted before this
ceedings as in the family courts be applied even while project. Even though the children are detained inside
during the preliminary investigation stage, to ensure cells separate from adults in said cities, the children still
that the release of the child will be facilitated. have the opportunity to mingle closely with adults since
their cells are located in one compound. Aside from
the lack of separate detention centres, said cities face
APPLICABILITY OF THE RULE ON SUMMARY challenges in terms of keeping a healthy and sanitary
PROCEDURE FOR CHILDREN’S CASES environment and facilities for the physical health of the
Some of the respondents have suggested that to ensure children detained. An increase in the food allowance
that the children’s cases will be expedited, the procedure of children is also in order for their maximum growth
that may be applied will be the Rule on Summary and development even given the circumstances they
Procedure. It would seem that if the CICL case does are in. Medical services available to children should
not qualify for diversion under the Rules on Juveniles also be expanded.
in Conflict with the Law, the child goes through the
trial in accordance with the Revised Rules of Criminal Programmes for the education and psychosocial re-
Procedure, which applies to accused adults as well. habilitation of the children also need strengthening.
Children who were studying before their detention
It is noticeable that although the Rules on Juveniles should be given the opportunity to continue their
in Conflict with the Law has introduced new proce- studies or pursue activities that would enrich their
dures for the prosecution and trial of the CICL, it mental and psychological well-being. Focus should
would seem that the procedure that generally applies, be given not only on vocational, skills training, and
particularly in the preliminary investigation, pre-trial, moral development of the child, but education services
trial and promulgation stages, are the provisions of the that would be able to let him continue his/her studies
Revised Rules of Criminal Procedure, with reference after detention.
to the Rule on the Examination of Child Witness. The
expediency that is being sought in dealing with CICL Rules and regulations, both written and oral, in the
cases may not be fully answered by the new rules. detention facilities and city jails are applicable to both
adult and children. There may be a need to establish
Applying the Rule on Summary Procedure may be one separate rules and regulations for children due to their
way to ensure that the best interests of the child will special circumstance. The imposition of disciplinary

measures imposed in the general population of pris- The children also requested for additional funding
oners, including adults, to children is also a cause for for:
concern. In imposing discipline, withdrawal of privi-
leges, close confinement and advice are given to both • Food
child and adult. The appropriateness of these forms of • Adequate and clean water
discipline on children may be questioned. • Medicines
As to the treatment of detentions officials, some res- • Clothing supplies, slippers, and toiletries
pondents were quite adamant in answering questions. • Proper ventilation
Although rare, use force or physical harm on the child
• Books and other educational supplies
or placement of child in solitary confinement has been
witnessed as with the carrying of weapons in front of • Recreational activities
the child and use of profane or vulgar words. The use of • Other training programs
handcuff on children has been commonly observed. • Trash cans
With respect to the improvement of the services of- • For cleaning and beautification purposes
fered by the correction level, children themselves gave • More rehabilitation centres and services
suggestions. When 35 children were interviewed for
the case studies, they suggested the following recom-
mendations to the correction pillar:
Probation
When the probation officers were asked about cases
• To treat children humanely and respect them of probation granted to children, cases wherein the
properly offence was committed while the applicants were still
• To provide them education and other training children and they were still minors at the time of ap-
skills plication or already adults at the time of application,
• To strictly separate the males from the females they were able to recall only a few instances. When the
researcher visited the office of the Probation Adminis-
• To provide venue and opportunity for open-fo-
tration to inquire about data on probation of those who
rum activities
were minors of the commission of the offence, they
• To improve the manner of discipline given to were told that data were not segregated and presented
them according to the age of the applicant at the time of the
• For more officials to take care of their cases commission of the offence. There is no way of tracing
• To be given more food cases of probationers who were minors at the time of
commission of the offence.
• To provide recreational activities
The lack of concrete data on probation granted to mi-
nors may be explained by the few children who were
convicted again for a second offence which exempts
them from availing of suspension of sentence again and
their current sentence may be for more than six years,
or their previous conviction was imprisonment not less

than one month and one day or a fine of not less than City Social Workers
Php200, excluding them from the provisions of the
Probation Law of 1976, as amended. This lack of data As mentioned above, the responsibility of the national-
is aggravated by the insufficient centralised system of level DSWD with respect to children in conflict with
monitoring and recording cases of children in conflict the law was not among the functions devolved to the
with the law, from the time of their arrest up to the cities. However, based on the interviews of city social
time of release or service of sentence. workers conducted for this project, they already extend
social services to said children. The services are more
There are also cases wherein the child changes his comprehensive with respect to cities with separate
name upon succeeding arrests. If such is the case and detention and rehabilitation centres for children like
if it remains undiscovered by officials during the trial, Manila, Pasay and Quezon City. This is due to the
the child may have been placed under suspension of full-time work and focus given by social workers to
sentence once again if found guilty. children already detained in the said centres.
In instances wherein the child comes under probation, In terms of services, the national-level DSWD may
it is up for the probation officers to determine the age of consider devolving such to city social workers since
the child, or if he or she is already an adult, to inquire they are already performing such functions. However,
on the age at the time of commission. Although only a in terms of keeping centralised information nationally
few probation officers were interviewed compared with on children in conflict with the law, including network-
other pillars, majority of those interviewed said that ing with NGOs and facilitating the dissemination
there is no difference in the programme of supervision of such information, this is a function suited to the
between adults and children. This may explain their national office.
responses when asked if they think probation has a
positive effect on children compared with adults: only Based on the interviews, city social workers usually get
one said it has a positive effect. However, majority of involved with the children upon their release or from
them said that when the applicant for probation com- the trial stage onwards, including detention during
mitted the offence while still a minor, such a factor is trial. Although some of the city social workers get in-
positively considered for recommending to the court volved during the arrest period, the arrest and detention
the approval of the application for probation. after arrest stages are areas that should be given focus.
Even if the law provides immediate turnover of the
With respect to the conditions of probation commonly child to the DSWD or local rehabilitation centre,447
violated by the children, two of them are related to the there are instances wherein the child has to spend days
residence of the child: change of residence without per- in the jails in the police precincts after their arrest. One
mission and failure to report regularly to the probation way this may be prevented is for the social workers to
officer. During the interviews for all the pillars, there conduct regular visits to police precincts.
were respondents who said that when parents move
residences, they take the child with them, regardless
of the consequences for the trial, rehabilitation or
probation. The government officers have a hard time
tracing the child, especially when the family left for
the province.

Diversion scandals, grave threats, unjust vexation, and possession

of a deadly arrow. In addition, since the barangay con-
Based on the abovementioned information, the di- ciliation system under the Katarungang Pambarangay
version practice in the Philippines is limited by the Law already covers offences punished by imprisonment
following factors: of one year or less, which includes the offences covered
by diversion, only a limited number of cases reach the
• The “official” diversion procedure is limited in its
courts. The barangay may have already successfully
scope.
mediated the cases that are covered by diversion. As
discussed in the chapter on observance of laws of the
Although diversion is provided only under the Rules
court and prosecution, there are Family Courts that
on Juveniles in Conflict with the Law issued by the
apply the diversion process even though the case is not
Supreme Court and only applicable to cases that reach
covered by diversion under the Rules.
the courts, diversion is widely practised across all pil-
lars. Officials from the community, law enforcement, When asked if the respondents agree that all children
prosecution and city social workers, practise diversion should be diverted from the criminal justice system,
in one form or another unofficially since there are no most of the respondents said that it depends on certain
guidelines, rules or law which provides for it, except for factors. They mentioned as one of the factors the nature
conciliation and mediation procedure in the communi- or gravity of the offence. Several of the respondents
ty level provided under the Katarungang Pambarangay said that children should not be diverted if the crime
Law. In these instances, only children whose cases fall involves rape or murder. Considering their views as to
under an official who practises unofficial diversion what constitutes offences that should not be covered
enjoy the benefit of diversion in general terms. The by diversion, the coverage provided for under the Rules
enjoyment of this benefit by children becomes depen- is too restrictive to benefit the majority of the children
dent on the personal practice of the official when the in conflict with the law.
diversion is unofficial.
• Diversion under the Rules is limited to cases wherein
• Diversion under the Rules only covers offences where the complaint or information is filed with the Family
the maximum penalty imposed by law is imprison- Courts.
ment of not more than six months.
In areas where there are no designated Family Courts,
Due to this provision, only a limited number of chil- children in conflict with the law whose cases are filed
dren are covered by diversion. As mentioned before, in the Regional Trial Courts are excluded from availing
the common offences committed by children involve of the benefits of diversion.
crimes against property, persons and drug-related of-
fences, offences that are penalised by more than six • Diversion programme under the Rules may include
months. There are only a limited number of offences community-based programmes or work-detail pro-
wherein the law imposes imprisonment of not more grammes in the community.
than six months, ie, slight physical injuries, alarms and

The choice of the Committee in designing a diversion When diversion is subjected to the consent of the
programme may already be limited since there is an complainant, there will be children unable to avail of
absence of community-based programmes or work- it due to the desire of some complainants for revenge,
detailed programmes designed to address the needs punishment, or to teach the child a lesson by push-
of children in conflict with the law. Even though the ing for trial and/or imprisonment of the child. For
creation of a BCPC has been encouraged since 1974, example, there are department stores or malls which
only a limited number of barangays have established do not permit settlement of cases and has a policy of
such and even if established, its effectivity is questioned. proceeding with the prosecution of cases, regardless of
The communities and its officials need to receive sen- the amount of the item stolen and even if the offender
sitivity and skills training in dealing with children in is a child.
conflict with the law.
• Under the Rules, the Committee may only recom-

mend diversion if the complainant does not object
thereto.

10 Recommendations
This study puts forward the following recommenda- the power and authority to maintain peace and
tions for each of the five pillars of justice in terms order in the barangay, they act as law enforcers
of changing perceptions and attitudes, enhancing and can arrest CICL. Third, they are the ones
knowledge and skills, improving practice, and working who are tasked to implement existing programs
collaboratively towards the prevention of offending in the community when CICL return to the com-
among children, protection of CICL who are in the munity.
justice system, and facilitating the CICL’s return to c. There must be advocacy movements for the estab-
their families and communities as viable and produc- lishment of a working BCPCs and cooperation
tive members. of the leaders in the barangay must be obtained.
Barangay residents and officials must be made
aware of existing mechanisms within the barangay
Community Level level, which they could use to protect CICL.
1. Promote understanding within the communities d. Barangays with existing BCPCs should be
of the rights of CICL, the concept of restorative monitored so that even on the event of change of
justice, diversion, the damaging effects of subject- leadership (ie, through an election), the continu-
ing children under the criminal justice system ing existence of BCPCs is ensured.
(eg, prosecution, custody and detention) and the e. All pillars refer to the community as the level
important role that the community plays in the where diversion should occur. The community
promotion of rights and prevention of crime by must be able to take on this role with appropri-
children. This can be done, through advocacy and ate training on not only laws but also principles
training seminars as well as information drives on and sensitivity to children. Existing mechanisms
laws and studies concerning CICL. such as the Barangay Justice System may be used
a. Special focus should be given to parents who to promote the practice of diversion of children
should be educated, be made aware and be made within the community level. It addition, the
to appreciate child rights. There are cases where criminal jurisdiction of the Barangay Justice Sys-
parents themselves ask jail officials to keep their tem covers criminal offences where the penalty
children in detention for “safekeeping” to prevent does not exceed one year imprisonment or a fine
their children from getting into trouble. of Php5,000. Thus, it even has wider diversion-
b. Special training should also be given to barangay able offences compared with the Rule on Juvenile
officials because many of the officers are not famil- in Conflict with the Law which provides that only
iar with laws on CICL. One manifestation is that those with penalty of maximum of six months or
compared with police officers, a lesser number a fine, regardless of the amount can be diverted.
of barangay tanods comply with the laws when 2. Interventions should be made to promote local
arresting children. Perhaps this may be attributed legislations concerning protection for CICL
to the fact that they are the ones least trained on as well as correct existing ones and prevent
children’s rights. The barangay officials actually enactment of those disadvantageous to CICL.
perform three important roles when dealing with Specifically, the following are recommended:
CICL. First, they have the authority to enact
ordinances relevant to children. Second, having

a. Training of local legislators on pertinent in- 3. The community should be made aware for the
ternational instruments and national laws and need to set up appropriate programmes for crime
rules relevant to children’s rights to ensure that prevention and assist children with behavioural
ordinances to be enacted are consistent with problems. There should also exist proper com-
the principles, policies and procedures embod- munity-based sentencing and restorative justice
ied therein. This may also serve as the venue for CICL. Such community-based sentencing as
to orient local legislators on guiding principles provided in the New Rule must be specifically
on the proper determination and graduation identified and made sure to be child-appropriate.
of penalties that take into consideration the The barangays should also have programmes for
special circumstances of children; reintegration and rehabilitation of CICL in the
b. Training and drafting of ordinances both at community.
the barangay and city level, with focus on the 4. Institutional support for the realisation of Diver-
constitutional requirements; sion Programmes as provided in the New Rule
c. Creation of venues, ie, seminars, roundtable is also recommended. This can also be done by
discussions, where local legislators, local city informing the DILG of the existence of the New
and barangay officials and child rights activi- Rule providing for such measures and advocate
ties from different cities may share experiences for them to take action for the immediate estab-
on the implementation of ordinances. This lishment of community-based programmes and
shall serve as potent venues to learn the bet- work-detail programmes in the community.
ter practices form cities and barangays that 5. There must be an advocacy movement to activate
enact and implement more child-friendly BCPCs in pilot areas. The existing law under PD
ordinances; 603 does not mandate but merely encourage the
d. Prevention of further detention and impris- setting up and activation of BCPCs. A possible
onment of children and ensure their uniform solution is to lobby for a law in Congress to man-
treatment across cities and barangays. There date the setting up of not only the Council for the
should be decriminalisation of ordinances Protection of Children at the barangay level but
nation-wide if children commit violations. also cities, municipalities and provinces. However,
This is consistent with the non-discrimination considering children’s issues are not being given
principle as provided in the UN CRC; and priority in Congress, aside from lobbying hard
there is also a need to activate existing BCPCs in a
e. City and barangay officials should provide for
particular area to serve as a model for other LGUs
alternative disposition measures to imprison-
to follow in the absence of existing legislation.
ment as penalties for infractions, taking as an
example such measures under the Rule on 6. There should be a move to assist barangays to
Juvenile in Conflict with the law. generate funds for better facilities for CICL. For
example, some barangay halls do not have holding
cells for CICL. If there are, most are not separate
from cells of adults and/or the male CICL are not
separated from female CICL.
Chapter 10 • Recommendations 185

Law Enforcement datory Continuing Legal Education required of

law practitioners as well as seminars required of
1. Training on child sensitivity, laws on CICL, diver- judges.
sion proceedings and restorative justice must be
2. There is still a need to conduct further sensitivity
given not only to members of the WCCD but to
sessions with court officers. There are instances
all police officers. Usually, first encounter with the
where terms like vagrants, juvenile delinquents
law enforcement is through arrest of the child by
are still being used on CICL. It should also be
a police officer. It is only after the arrested child is
noted that even the new Rules on Juvenile in
referred to the WCCD that such WCCD police
Conflict with the Law used the terms juvenile
are able to deal with CICL.
delinquent.
2. Recommend the inclusion of children’s issues in
3. Diversion proceeding under the New Rule applies
mandatory courses and continuing legal educa-
only to the CICL charged with an offence punish-
tion required of police officers.
able by imprisonment for a maximum period of
3. There must be accountability for police officers in not more than six 6 months, or if the penalty is
case of lack of compliance with the provision of a fine, regardless of amount. Many CICL cannot
the law particularly during arrest of children. For avail of the proceedings because there are very few
example, there are still prevalent violations such diversionable offences existing under Philippine
as instances wherein the police do not identify laws. It is recommended that the New Rules be
themselves and explain the rights of the child amended for the Diversion Proceedings to apply
during arrests, or conduct investigations without to crimes with higher penalty.
counsel for the child.
4. The Diversion Proceedings under the New Rule
4. There must be separate quarters for detained chil- contemplates a proceeding done within the
dren and detained adults at the police precinct. formal justice system. Before a child is qualified
5. There must be separate records for children. for diversion, it presupposes an information
or complaint is first filed against him or her in
the Family Court. In each Family Court, there
Prosecution and Court Level
exists a Diversion Committee, composed of its
1. There should be continuing training and educa- branch clerk of court as chairperson, the pros-
tion on application of the Rules on Summary ecutor, a lawyer of the Public Attorney’s Office
Procedure and the Rule on Juveniles in Conflict and social worker assigned by the Family Court
with the Law. Special trainings should also be – all of which are members of court personnel.
made on Diversion Proceedings in the New Rules, During the diversion conference, the counsels of
as this procedure is very new in the Philippine the child in conflict with the law as well as that
court system. Guidelines should be provided for of the private complainant are also present. It is
its implementation. Research could be made as recommended to create diversion proceedings for
to the practice of diversion in other jurisdictions CICL outside the court pillar, eg, amendment of
and how these good practices can be integrated in the Katarungang Pambarangay Law and inclusion
the Philippine system. A proposal is also made to of diversion proceedings at the barangay level.
include topics on children’s justice during Man-

Correction Level/ BJMP City Social Workers

1. Prioritise the allocation of resources on the 1. Even if the law provides immediate turnover of
national budget to answer problems on: (a.) Sub- the child to the DSWD or local rehabilitation
human conditions in jails and detention, eg, lack centre, there are instances wherein the child has
of proper beds and beddings, cramped cells, Php to spend days in the jails in the police precincts
30/day as food allowance; and (b.) Conditions after their arrest. One way this may be prevented
that are detrimental to the well-being of a CICL, is for the city social workers to conduct daily visits
eg, lack of separate cells for detained child and in police precincts. It is also recommended that
convicted CICL and/or separate cells for women city social workers strengthen their coordination
adults and female CICL, not all CICL are given with law enforces to ensure that upon arrest/ap-
the opportunity for continuing education. prehension of the CICL, they will be immediately
2. Discussion on how to realistically apply the ad- informed.
ministrative circular issued by the Supreme Court 2. Most city social workers get involved only du-
on jail visitation by family court judges. ring the trial, detention, rehabilitation and release
stages of the CICL cases. Social workers should
Probation be present during all stages from the time of ar-
rest up to the follow-through activities after the
1. In the application of probation, there is no dif- release of the child.
ference between the supervision of CICL and
the adult offenders. There must be rules and For all Pillars
regulations requiring special treatment of CICL
probation applicants. 1. There is a need to examine how the national and
2. There are no separate facilities for instruction/ local governments allocate resources on children’s
recreation and residence for the CICL. It is recom- issues, programmes and policies. The Philippines
mended that budget be allocated for establishing a already have several existing laws that sufficiently
separate place and facilities especially for CICLs. address child protection but there are problems in
terms of enforcement because of lack of budget
3. Data on CICLs who applied for probation were
for implementation. The lack of budget does not
not segregated and presented according to the age
necessarily follow the lack of resources. Reasons
of the applicant at the time of the commission
could be that other issues (eg, terrorism) are given
of the offence. Hence, there is no way of tracing
more priority during allocation of budget by the
cases of probationers who were minors at the time
government.
of commission of the offence, aggravated by the
insufficient centralised system of monitoring and
recording cases of children in conflict with the
law, from the time of their arrest up to the time
of release or service of sentence. The Probation
Office must be required to compile separate data
on CICL, including pertinent information on
them.
Chapter 10 • Recommendations 187

Endnotes
Chapter 1
1 The barangay is the Filipino word for village. It is the smallest political unit in the
Philippines.
2 Taken from the Summary of Child Protection Policy, Save the Children-UK.
3 The Philippines became a State Party through Senate Resolution No. 109, which was
approved on July 1990.
Chapter 2
4 Section 384, Republic Act No. 7160: The Local Government Code of the Philippines.
5 Section 389(b), Republic Act No. 7160: The Local Government Code of the Philippines.
6 Pangkat ng tagapagkasundo (conciliation panel), consisting of three members, chosen by
both parties from the list of members of the lupon. Section 404, Republic Act No. 7160:
The Local Government Code of the Philippines.
8 Section 24, Republic Act No. 6975: An Act Establishing the Philippine National Police
Under a Reorganized Department of the Interior and Local Government, And For Other
Purposes.
9 Section 35(b) 4, Republic Act No. 6975: An Act Establishing the Philippine National Police
Purposes.
10 Section 35(b) 6, Republic Act No. 6975: An Act Establishing the Philippine National Police
Purposes.
11 Section 57, Republic Act No. 8551: Philippine National Police Reform and Reorganization
Act of 1998.12 Section 5(a), Republic Act No. 8369: An Act Establishing Family
Courts, Granting Them Exclusive Original Jurisdiction Over Child and Family Cases,
Amending Batas Pambansa Bilang 129, As Amended, Otherwise Known as Act of 1980,
Appropriating Funds Therefor and For Other Purposes.
13 Section 5, Republic Act No. 8369: An Act Establishing Family Courts Granting them
Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas Pambansa
Bilang 129, As Amended, Otherwise Known as Act 1980, Appropriating Funds Therefor
and For Other Purposes.
14 Section 26, A.M. No. 02-1-18-SC: Rule on Juveniles in Conflict with the Law [February
28, 2002]

16 Section 11, Presidential Decree No. 1275: Reorganizing The Prosecution Staff Of The
Department Of Justice And The Offices Of The Provincial And City Fiscals, Regionalizing
The Prosecution Service, And Creating The National Prosecution Service.17
Available at http://www.pao.gov.ph/.
18 Available at http://www.pao.gov.ph/index.php?nav=prof&cat=Mandate.
21 Section 63, Republic Act No. 6975: An Act Establishing the Philippine National Police
under a Reorganized Department of Interior and Local Government, and For Other
Purposes.
22 Id.
23 Section 23, Presidential Decree No. 968, Establishing a Probation System, Appropriating
Funds Therefor and For Other Purposes [1976] (amended by Presidential Decree No.
1990 [1985]).
Chapter 3
25 Precursor to the Regional Trial Courts designated as Family Courts.
26 Bautista, Rosa Maria J., Profile of the Youthful Offender of Metro Manila, as cited in Salute
to Youth (UP Law Center, Quezon City: 1989), p.122.
27 Carlota, Salvador T. and Annadaisy J Carlota, Legal and Psychological Perspectives on
Philippine Juvenile Delinquency (Manila: 1983), p. 2.
28 Id.
29 Id., p. 114.
30 Id.
31 Id., p. 115.
32 Id., pp. 116-117.
33 PUP Department of Sociology, The Situation of Youthful Offenders in The Philippines,
unpublished (1993) p. 249.
34 Id., pp. 250-253.
35 Survey on Youth Offenders at Camp Sampaguita and Correctional Institute for Women
{Bureau of Child and Youth Welfare, Department of Social Welfare and Development,
1993), p. 69.
Endnotes 189
36 Id., pp. 69-70.
37 Lamberte, Dr. Exaltacion E., Today’s Metro Manila Street Children, (Manila: 1996), p. 61.
38 Id., p. 63.
39 Vagrancy
40 Lamberte, p. 38.
41 Lamberte, p. 39.
42 Youth in Detention: Issues and Challenges, A Nationwide Survey, A Project of the
Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p. 42.
43 Situation of Children and Women in the Philippines, 1997 (Manila) pp.19-20.
44 Id., p.138.
45 National Youth Commission, Situation of the Youth in the Philippines 1998 (Manila, 1998)
pp. 135-138.
46 Defined as someone “below 18 years old and who committed a misdemeanour but
whose case is not filed in court,” National Youth Commission, Situation of the Youth in
the Philippines 1998 (Manila, 1998) pp. 139-140.
47 Id., pp. 140-143.
Chapter 4
48 Revised Penal Code, Art. 12(1).
49 Presidential Decree 603, Art. 189.
51 People vs. Doqueña, 68 Phil. 580 (1932).
52 Antonio L. Gregorio, Fundamentals of Criminal Law Review 1088, 8th ed. , p. 62, quoting
People vs. Navarro (CA) 51 O.G. 4092.
54 Guevarra vs. Almodovar (1989) 169 SCRA 475.
56 Art. 189.
57 Guevarra vs. Almodovar (26 January 1989) G.R. No. 75256.
58 RA 8369, Sec 5(a).
59 Rule on Juveniles in Conflict with the Law, Sec.1
60 Rule on Juveniles in Conflict with the Law, Sec.4 (m). See also Sec. 5 stating, “A minor
under 9 years of age at the time of the commission of the offence shall be exempt from
criminal liability. A minor 9 years of age and above but under fifteen years of … if he has
acted with discernment, he shall be proceeded against in accordance with … the Rule”

61 People vs. Subido (5 September 1975) G.R. No. L-21734. See also Lina Lim Lao vs. Court
of Appeals and People (1 September 1994) G.R. No. 119178; Centeno vs.Villalon-
Pornillos and People, G.R. No. 113092; People vs. Deleverio G.R. Nos. 118937-38 and
People vs. Malunes 247 SCRA 317.
62 See 1987 Philippine Constitution, Article VII, Sec. 1.
63 Joaquin G. Bernas. The 1987 Philippine Constitution: A Reviewer - Primer. 2nd ed. (1992).
64 The Official Gazette is an official publication of the Government containing newly
enacted laws and newly promulgated cases by the Supreme Court.
65 People vs. Doqueña (1932) 68 Phil 580.
66 Antonio L. Gregorio. Fundamentals of Criminal Law Review, 1088. 8th ed, p. 62, quoting
People vs. Navarro (CA) 51 O.G. 4092.
67 People vs. Subida, unreported case (1961), quoting People vs. Nieto (1958) 103 Phil 113.
68 US vs. Maralit (1917) 36 Phil 155, 158.
69 Reyes. Revised Penal Code. 12th ed, 1981, p.2.
70 Guevarra vs. Almodovar (1989) 169 SCRA 476, 482.
71 People vs. Doqueña (1932) 68 Phil 580, 583; Guevarra vs. Almodovar (1989) 169 SCRA
476, 481.
72 Rita Atkins. Introduction to Psychology. 1990, p. 80.
73 Mavis Hetherington and Ross Parke, Child Psychology: A Contemporary Viewpoint. 1968,
p. 368.
74 Helen Bee. The Developing Child. 1986, p. 368.
75 David Elkland. A Sympathetic Understanding of the Child, Birth to Sixteen. 3rd ed. 1994,
p. 421.
76 Diane Papalia and Sally Wendkows Oldes. A Child’s World: Infancy through Adolescence.
1990, p. 466.
77 Id, p. 468.
78 Diane Papalia and Sally Wendkows Oldes. A Child’s World: Infancy through Adolescence.
1990, p. 468.
79 Id..
80 UNICEF. Implementing Handbook for the Convention on the Rights of the Child. 1998, p.
12.
81 PD 603, Art. 191.
82 Ibid.
83 Ibid, Art. 189.
84 PD 603, Art. 189, as amended by the Family Courts Act, RA 8369, Sec. 5(a).
85 Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation
of Youth Offenders, Sec. 19.
Endnotes 191
86 Revised Rules of Court, Rule 110, Sec. 2.
87 Citizen’s arrest is allowed in cases of (a) lawful warrantless arrest provided in Sec. 5 of
the Revised Rules of Criminal Procedure, e.g. person is caught in the act of committing
a crime, or (b) Sec. 10 where an officer making a lawful arrest summons orally as many
person as he or she deems necessary to assist him in effecting an arrest.
88 Revised Rules of Criminal Procedure, Rule 113, Secs. 3 and 5; Rule on Juveniles in
Conflict with the Law, Sec. 7.
90 Revised Rules of Criminal Procedure, Rule 110, Sec. 5.
91 Ibid.
92 Revised Penal Code, Art. 124: Delay in the delivery of detained persons to the proper
judicial authorities; See also Art. 267: Kidnapping and serious illegal detention and 268:
Slight illegal detention.
93 Rule on Juveniles in Conflict with the Law, Sec. 6 (a-f); See also Rules on Regulation on
the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Secs.
4-5.
94 Id., Sec. 5.
96 Rule on Juveniles in Conflict with the Law, Sec. 6 (g).
98 PD 1179, Art. 192 and Rules on Regulation on the Apprehension, Investigation,
Prosecution and Rehabilitation of Youth Offenders, Sec. 7; Rule on Juveniles in Conflict
with the Law, Sec. 6 (h).
99 Rule on Juveniles in Conflict with the Law, Sec. 6 (h-i).
100 RA 8369, The Family Courts Act of 1997, Sec. 9 and 10. See also Sec. 11.
of Youth Offenders, Sec. 6 to 9; and Rule on Juveniles in Conflict with the Law, Sec. 8.
102 The 1987 Philippine Constitution, Art. III, Sec. 12.
103 Revised Penal Code, Art. 125 (12 hours for light penalties, 18 hours for correctional
penalties, 36 hours for afflictive penalties).
104 Rule on Juveniles in Conflict with the Law, Sec. 8.
105 Id., Sec. 9.
106 Id., Sec. 10.
107 Id., Sec. 4(d).
108 Interview with Mary Vargas, DSWD-National Capital Region (NCR) Social Worker Officer.

109 Rules and Regulation on the Apprehension, Investigation, Prosecution and
Rehabilitation of Youth Offenders, Sec. 6 to 9 and Rule on Juveniles in Conflict with the
Law, Sec. 9.
110 Manual of Prosecutor, DOJ Issuance No. 153 dated 28 May 1996, p.8.
111 Revised Rules on Criminal Procedure, Rule 112, Sec. 1.
112 Id, Sec. 2, The following may conduct preliminary investigations: (a) Provincial or City
Prosecutors and their assistants; (b) Judges of the Municipal Trial Courts and Municipal
Circuit Trial Courts; (c) National and Regional State Prosecutors; and (d) other officers
as may be authorized by law.
113 See Rule 112, sec. 3 and Rule on Juvenile in Conflict with the Law, Sec. 11 and 13.
114 United Nations Rules for the Protection of Juveniles Deprived of their Liberty, Article
III.17.
115 Id.
116 International Convention on Civil and Political Rights, Art 10(2)(b).
117 Convention on the Rights of the Child, Art. 37, 40.
118 Sec. 1B: Criminal Cases: (1) Violations of traffic laws, rules and regulations;
(2) Violations of the rental law; (3) violations of municipal or city ordinances; (4) All
other criminal cases where the penalty prescribed by law for the offence charged
is imprisonment not exceeding six months, or a fine not exceeding (Php1,000), or
both, irrespective of other imposable penalties, accessory or otherwise, or of the
civil liability arising therefrom; provided, however, that in offences involving damage to
property through criminal negligence, this Rule shall govern where the imposable fine
does not exceed ten thousand pesos (Php10,000).
119 Rule on Juvenile in Conflict with the Law, Sec. 15.
120 Id., Sec. 16.
121 Bail is a mode short of confinement that would, with reasonable certainty, insure the
attendance of the accused at his or her trial. It usually takes the form of a deposit
of money or its equivalent as a guarantee of such attendance and which deposit is
forfeited upon failure to appear (Bernas, The 1987 Philippine Constitution, A Reviewer
Primer. 2nd ed. 1992).
122 1987 Philippine Constitution, Art. III; PD 603, Art. 191; Rule on Juvenile in Conflict with
the Law, Sec. 16.
123 Rule 114, Sec. 4.
124 PD 603, Art. 191; Rules on Regulation on the Apprehension, Investigation, Prosecution
and Rehabilitation of Youth Offenders, Sec. 11; Rule on Juvenile in Conflict with the
Law, Sec. 18.
125 PD 603 Art. 202; Rules on Regulation on the Apprehension, Investigation, Prosecution
and Rehabilitation of Youth Offenders, Sec. 12.
126 Ibid, Sec. 13.
127 RA 8369, Sec. 8.
Endnotes 193
128 PD 603, Art. 19.
129 RA 8369, Sec. 8.
130 Beijing Rules, Rule 17.
131 International Covenant on Civil and Political Rights, Art. 14.4.
132 RA 8369, Sec. 5(a).
133 Rules on Juvenile in Conflict with the Law, Sec. 11.
of Youth Offenders, Sec. 11; Rule on Examination of a Child Witness, Sec. 4(a). A
“guardian ad litem” is a person appointed by the court where the case is pending
for a child who is a victim of, accused of, or a witness to a crime to protect the best
interests of the said child. See also Sec. 5(a-f) on role of guardian ad litem
135 Art. III, Sec. 14; See also Rules on Juvenile in Conflict with the Law, Sec. 26 (a-k),
enumerating the rights of the child in conflict with the law during trial.
136 Rules on Juvenile in Conflict with the Law, Sec. 26(c).
138 Rule on Juveniles in Conflict with the Law, Sec. 27.
139 Pre-Trial Conference is mandatory in criminal cases. The Revised Rules on Criminal
Procedure Rule 118, Sec. 1 states that the following should be considered during
pre-trial: (a) plea bargaining; (b)stipulation of facts; (c) marking for identification of the
parties; (d) waiver of objections to admissibility of evidence; e) modification of the
order of trial if the accused admits the charge but interposes a lawful defence; and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil
aspects of the case.
141 Id., Sec. 29.
142 Sec. 30.
143 RA 8369, The Family Courts Act Of 1997, Sec. 5 (A); Rule On Juveniles in Conflict with
the Law, Sec. 31; Revised Rules of Criminal Procedure, Rule 120, Sec. 31.
144 PD 603, Art. 192, as amended by RA 8369. Sec. 5(a).
145 PD 603, Art. 192, as amended by PD 1179.
147 Revised Penal Code, Art. 68.
148 RA 7659, The Death Penalty Law, Sec. 22.
150 Id.
151 Id.

152 Id., Section 34.
153 PD 968 as amended, Probation Law of 1976.
154 Id., Sec. 3, 4.
155 Id., Sec. 9.
156 PD 968, as amended; Probation Law of 1976, Sec. 16.
157 Id.
158 Id. , Sec. 17.
159 PD 603, Art. 199; See also Rules and Regulation on the Apprehension, Investigation,
Prosecution and Rehabilitation of Youth Offenders, Sec. 31.
160 PD 603, Article 200; Rules and Regulation on the Apprehension, Investigation,
Prosecution and Rehabilitation of Youth Offenders, Section 34.
162 Id., Sec. 36.
163 PD 603, Art. 200.
164 Rule on Juvenile in Conflict with the Law, Sec. 1, 5.
165 Almodovar vs. Guevarra (26 January 1989) 169 SCRA 476.
166 Rule on Juvenile in Conflict with the Law, Sec. 4(p).
167 Bravo vs. Borja (18 February 1985), G.R. No. L-65228.
168 RA 9165, Sec. 25.
169 See RA 9165, Sec. 55. Exemption from the Criminal Liability under the Voluntary
Submission Program. A drug dependent under the voluntary submission program,
who is finally discharged from confinement, shall be exempt from the criminal liability
under Sec. 15 of this act subject to the following conditions: (1) He/she has complied
with the rules and regulations of the Centre, the applicable rules and regulations of
the Board, including the after-care and follow-up program for at least eighteen (18)
months following temporary discharge from confinement in the Centre or, in the case
of a dependent placed under the care of the DOH-accredited physician, the after-care
programme and follow-up schedule formulated by the DSWD and approved by the
Board: Provided that capability-building of local government social workers shall be
undertaken by the DSWD; (2) He/she has never been charged or convicted of any
offence punishable under this Act, the Dangerous Drugs Act of 1972 or RA 6425, as
amended; the Revised Penal Code, as amended; or any special penal laws; (3) He/she
has no record of escape from a Centre: Provided, that had he/she escaped, he/she
surrendered by himself/herself or through his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity, within one (1) week from the date
of the said escape; and (4) He/she poses no serious danger to himself/herself, his/her
family or the community by his/her exemption from criminal liability.
170 RA 9165, Sec. 57.
171 Id.
Endnotes 195
172 RA 9165, Sec. 66.
173 Id, Sec. 70.
174 PD 1563, Sec. 3(a).
175 PD 1563, Sec. 5.
176 RA 7610, Sec. 5.
Chapter 5
177 1987 Philippine Constitution, Art.VI, Sec. 1.
178 RA 7160, Sec. 390 (Hereinafter cited as The Local Government Code).
179 The Local Government Code, Sec. 391.
180 City Council
181 Local Government Code, Sec. 457.
182 Supreme Court decision in Garcia vs. Commission on Elections (30 September 1994)
G.R. No. 111230 as cited in Alberto C. Agra. Compendium on Local Autonomy and Local
Government 1992-1997. 2nd ed. 1997, p. 195.
183 Department of Interior and Local Government Opinion No. 31-1996, as cited in
Alberto C. Agra. Compendium on Local Autonomy and Local Government 1992-1997, 2nd
ed., 1997, p. 195.
184 Ordinance No. 7918 entitled, “An Ordinance Prohibiting Any Person or Owner/
Manager of Business Establishments to Sell, or Cause the Selling or Peddling of
Industrial or Commercial Adhesives, Solvents and other Related Volatile Substances to
Minors, and for Other Purposes.” (19 December 1996).
185 Id. Sec. 1.
186 Id. Sec. 3.
187 Id. Sec. 4.
188 Id. Sec. 5.
189 PD 603 (See discussion under Title VIII, Chapter 3).
190 Ordinance No. 7918, Sec. 7.
191 Ordinance No. 7931 effectively repealed Sec. 842-A and B of City Ordinance Nos.
2878, 2927 and 4012 on the curfew hours.
192 Ordinance No. 8046 entitled, “An Ordinance Declaring the Hours from 10:00 p.m.
to 4:00 a.m. of the following day as ‘Barangay Curfew Hours’ for Children and Youths
below Eighteen (18) Years of Age, Prescribing Penalties Therefor, and for other
Purposes” (14 October 2002).
193 Id. Sec. 2.
194 Id.

195 Id. Sec. 2(d).
196 Id. Sec. 4.
197 Id. Sec. 5.
198 Id. Sec. 3.
199 Resolution for the Implementation in Zone 74, District V, Paco Manila of Curfew Hours
from 10:00 p.m. to 5:00 a.m. for Minors 17 Years Old and below.
200 Resolution Directing All Concerned Barangay Officials of Zone 55 District IV, Manila
to Take Necessary Actions to Combat Criminality Including the Imposing of Curfew in
their Respective Areas.
201 An Ordinance Prohibiting Indecent Exposure and Disorderly Behavior Outside the
Immediate Vicinity of Any Night/Day Entertainment Spot in the City of Manila; and
Providing Penalty for Violation Thereof (27 April 1990).
202 Id. Sec. 2.
203 Id. Sec. 1.
204 Id.
205 Id. Sec. 3.
206 Ordinance No. 7780 entitled, “An Ordinance Prohibiting and Penalizing the Printing,
Publication, Sale, Distribution and Exhibition of Obscene and Pornographic Acts and
Materials and the Production, Rental, Public Showing and Viewing of Indecent and
Immoral Movies, Television Shows, Music Records,Video and VHS Tapes, Laser Discs,
Theatrical or Stage and Other Live Performances, Except those Reviewed by the
Movie Television Review and Classification Board,” Sec. 3 (19 February 1993).
207 Id. Sec. 2(A).
208 Id. Sec. 2(B).
209 Id. Sec. 4.
210 Ordinance No. 7791 entitled, “An Ordinance Prohibiting Sexual Relations with, and
Solicitation or Procurement of, Prostitutes and Other Related Acts, Providing the
Penalties Therefor.” Sec.1. (11 June 1993).
211 Id. Sec. 2.
212 Id. Sec. 3(b).
213 Id. Sec. 3(c).
214 Id. Secs. 4 and 4(a).
215 Id. Sec. 4(b).
216 Ordinance No. 7824 entitled, “An Ordinance Prohibiting Minors from Smoking
Cigarettes, Cigars, and Other Tobacco Products within the City of Manila.” Sec. 1 (09
December 1993).
217 Id. Sec. 4.
Endnotes 197
218 Id. Sec. 5.
219 An Ordinance Prohibiting the Selling of Cigarettes, and Cigarette Paraphernalia to
Minors and Providing Penalties for Violation Thereof (18 February 1994).
220 Id. Sec. 3.
221 An Ordinance Prohibiting Any Person, Owner, Operator, Administrator, Manager,
or Person in Charge of Operation of Restaurants, Eateries and Other Similar
Establishments to Allow Children Below Eighteen (18) Years Old to Stay, Loiter or be
Seated at Designated Smoking Areas Within Subject Establishments, Providing Penalties
for Violation Thereof and for Other Purposes (18 March 1998).
222 Id. Sec. 2.
223 Id. Sec. 3.
224 Id. Sec. 4.
225 Ordinance No. 7971 entitled “An Ordinance Amending Ordinance No. 6511,
Prohibiting the Defacing, by Painting, Writing, Scribbling, Scrawling, Drawing, Smearing,
Coloring, Stamping or Inscribing of Window Panes of Buildings, Edifices, Houses or
Structures, Whether Public or Private, of Lampposts, Street Signs, Streets, Sidewalks
or Other Public Property, With Certain Exceptions, and Providing Penalty for Violation
Thereof, and for Other Purposes” (29 October 1999) amending Manila Ordinance No.
6511.
226 Id. Sec. 2.
227 Id.
228 Id. Sec. 3.
229 Ordinance No. 7926 entitled, “An Ordinance Providing for the Public Identification and/
or Publication of Known and/or Confirmed Drug Lords, Drug Pushers, Drug Peddlers
or Brokers and Protectors, Gambling Lords and Protectors and Other Known Criminal
Elements by Painting or Inscribing with Appropriate Markings on their Houses,
Residences, Walls, Gates, Fences or Other Premises Thereof, for the Protection, Safety
and Welfare of the Public, Especially the Youth.” (06 August 1997).
230 Sec. 16 of the General Welfare Clause of the Local Government Code states that: Every
local government unit shall exercise the powers expressly granted, those necessarily implied
therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of the general welfare.Within their
respective territorial jurisdictions, local government units shall ensure and support, among other
things, the preservation and enrichment of culture, promote health and safety, enhance the right
of the people to a balanced ecology, encourage and support the development of appropriate
and self-reliant scientific and technological capabilities, improve public morals, enhance economic
prosperity and social justice, promote full employment among their residents, maintain peace
and order, and preserve the comfort and convenience of their inhabitants.
231 Id. Sec. 1.
232 An Ordinance Prohibiting the Showing of Movie Trailers of Films with R (Restricted)
and PG (Parental Guidance) Classifications During Intermissions/Breaks on the
Duration of Playdates of a GP (General Patronage) Movie/s in the City of Manila,
Providing Penalties Thereof (28 August 1997).

233 Id. Sec. 1.
234 Id. Sec. 2.
235 Ordinance No. SP-572 (21 October 1997).
236 Quezon City Child and Youth Welfare Ordinance, Sec. 28.
237 Id. Sec. 29.
238 Id. Sec. 30.
239 An Ordinance Banning the Use of Pellet Guns/Toy Guns and/or Watusi Pyrotechnics
within Barangay Masambong, San Francisco Del Monte, Quezon City, and the
Imposition of the Corresponding Penalties for Violation Thereof.
240 Watusi is the word used to refer to dancing fire crackers, which are very popular
among young children in the Philippines.
241 The sampaguita are small white fragrant flowers found throughout Southeast Asia.
242 Rugby is a coined word for a type of commercial adhesive.
243 Id. Sec. 7, in relation to Sec. 4(g).
244 Id. Sec. 8(b).
245 Id.
246 Id. Secs. 7(b) and 11(b).
247 Id. Sec. 11(a).
248 Id. Sec. 8(b).
249 Id. Sec. 19.
250 Id. Sec. 20.
251 Id. Sec. 22.
252 Id. Sec. 23.
253 Id. Sec. 27.
254 A Resolution Strongly Urging Parents of Children and/or Minors Below Eighteen
Years of Age to Control and/or Regulate the Movements of their Children after 12:00
O’clock Midnight and Before 4:00 O’clock the Following Morning (As Amended by
Resolution No. 5/A S-2002), Every Night, Unless on Special and/or Emergency Cases
Where the Parents are Strongly Urged to Issue a Written Consent to the Minor
Concerned, or Else the Full Force of the “Vagrancy Law” will be Imposed.
255 An Ordinance Implementing a City-Wide and Homogenous Night-Time Ban Policy for
Minors, Aged Seventeen (17) Years Old and Below from the Streets, and Providing for
the Corresponding Penalties for Violators and/or Offenders Thereof (1997).
256 An Ordinance Amending and Providing the Necessary Safeguards to City Ordinance
No. 0247, Series of 1997, Implementing a City-Wide and Homogenous Night-Time
Ban Policy for Minors Aged Seventeen (17) Years Old and Below from the Streets, and
Providing the Corresponding Penalties for Offenders and/or Violators Thereof (1998).
Endnotes 199
257 Ordinance No. 0247, Secs. 3 and 6.
258 Ordinance No. 0259. Sec. 4.
259 Ordinance No. 0247. Sec. 4, as amended by Ordinance No. 0259, Sec. 1.
260 Ordinance No. 0259. 4th Whereas.
261 Ordinance No. 0259 (s. of 1998), Sec. 5 amending Ordinance No. 0247 (s. of 1997),Sec. 8.
262 English translation.
263 An Ordinance Providing for Child Survival, Development, Protection, Security and
Participation and Establishing a Comprehensive Children Support System in Pasay City
and for Other Purposes (13 February 2001). [Hereinafter referred to as the “Child
Welfare Code of Pasay City.”]
264 Id. Sec. 25.
265 Id.
266 Ordinance No. 290 entitled “An Ordinance Prohibiting Minors Below Eighteen (18)
Years of Age from Entering The Pasay City Cockpit Coliseum for Purpose of Setting or
Participating in Betting as ‘Kristo’ and Entering the Ring or ‘Rueda’ Before or During
the Actual Cockfight in View of the Hazard Posed by the Sharp Blades (GAFF) Attached
to the Fighting Cocks and/or Act as Gaffer, ‘Sulatdor,” or ‘Nagpapatuka’” (25 July 1994).
267 Id. Sec. 1.
268 Id. Sec. 2.
269 An Ordinance Amending Ordinance No. 181 S-1992 to Read as “Ordinance Imposing
Curfew Hour to All Persons Below 18 Years of Age Starting Ten (10:00) o’clock in the
Evening up to Four (4:00) o’clock in the Morning of the Following Day and Providing
Penalties to Violators Thereof” (22 October 1996).
270 An Ordinance Providing For Child Survival, Development, Protection, Security and
Participation and Establishing a Comprehensive Children Support System in Pasay City
and for Other Purposes, Sec. 39 (13 February 2001).
271 Ordinance No. 688 (on curfew hours), supra note 82, Sec. 3.
272 Id.
273 Id. Sec. 5.
274 Id. Sec. 4.
275 Child Welfare Code of Pasay City, Sec. 39.
276 “An Ordinance Prohibiting the Recruitment of Minors to All Fraternities and Other
Similar Organizations and Providing Penalty Thereof” (31 August 1992).
277 Id. Sec. 2.
278 Id. Sec. 1(c).
279 Id. Sec. 1(b).
280 Id. Sec. 3.

281 An Ordinance Prohibiting the Drinking of Intoxicating Liquor and Beverage in Any
Public Place, Building and Cemetery in Pasay City at any Time of the Day or Night and
Providing for Violations Therefore (10 May 1994).
282 Id. Sec. 4.
283 An Ordinance Regulating The Sale Or Dispensation Of Intoxicating Liquors And
Beverages To Minors (07 September 1999).
284 Id. Sec. 2.
285 Id. Sec. 4.
286 Ordinance No. 1545 entitled, “An Ordinance Amending Ordinance 210 S-1993
Prohibiting the Exhibition of Lewd or Obscene Shows in Pasay City” (29 June 1999).
287 Child Welfare Code of Pasay City, Sec. 25.
288 Ordinance 311-A entitled, “An Ordinance Prohibiting Roller and Skateboard Skaters
from Using National and City Roads and Imposing Penalties for Violators Thereof, Sec. 1
(26 September 1994).
289 Id.
290 Ordinance No. 228 entitled, “An Ordinance Prohibiting Any Person Who are Under the
Age of Eighteen (18) Years Old from Buying/Acquiring and Smoking Cigarettes/Cigars.”
4th Whereas and Sec. 3 (13 September 1993).
291 Id. Sec. 4.
292 Id.
293 Ordinance No. 1383 entitled, “An Ordinance Prohibiting The Manufacture, Sale And
Possession of Toy Guns With Pellet Bullets in Pasay City And Imposing Penalties For
Violation Thereof.” (14 September 1999).
294 Id. Sec. 2.
295 Id. 2nd to 4th Whereas.
296 Id. Sec. 3.
297 Id. Sec. 4.
298 Ordinance No. 1496 (1999).
299 An Ordinance Prohibiting The Consumption or Drinking of Beer, Wine, Liquor or
Similar Intoxicating Beverages in Public Places And Providing Penalty for Violations
Thereof, Sec. 2 (07 November 1995).
300 Id. Sec. 1.
301 Id. Sec. 4.
302 Ord. No. 01-07 (703) entitled, “An Ordinance Penalizing Any Person Operating a Motor
Vehicle under the Influence of Alcoholic Beverages within the Territorial Jurisdiction of
the City of Parañaque.” (26 October 2001).
303 Id. Sec. 2.
Endnotes 201
304 Id. Sec. 4.
305 An Ordinance Restricting the Sale of Cigarettes, Liquors and Other Intoxicating
Beverages by Owners and/or Operators or Their Agents and Sellers of Business
Establishments to Minors 17 Years and Below (10 October 1995).
306 Id. Sec. 2.
307 Id. Sec. 5.
308 Ordinance No. 99-12 (575) entitled “An Ordinance Imposing a Curfew for All Youths
Below Fifteen Years of Age Between the Hours of Ten o’clock p.m. to Four o’clock a.m.,
Providing its Exceptions and Penalties for Violation Thereof,” Sec. 1 (14 September
1999).
309 Id.
310 Id. Sec. 2.
311 Id. Sec. 3.
312 Id. Sec. 4.
313 “An Ordinance Prohibiting Jaywalking along Major Thoroughfares within the
Municipality and Providing Penalties Thereof” (02 July 1996).
314 Id. Sec. 2.
315 An Ordinance Prohibiting Drivers/Operators and Passengers from Smoking Inside
Public Utility Jeepneys, Buses, Taxicabs or Any Other Public Conveyance Operating
in or through the City of Parañaque, Providing Penalties for Violation Thereof (16
November 1999).
316 Id. Sec. 3.
317 Id. Sec. 4.
318 An Ordinance Restricting The Sale of Cigarettes, Liquors And Other Intoxicating
Beverages By Owners And/Or Operators Or Their Agents And Sellers Of Business
Establishments To Minors 17 Years And Below (10 October 1995).
319 Id. Sec. 2.
320 Id. Sec. 5.
321 An Ordinance Penalizing Vandalism on Public and Private Properties, Sec. 1 (02 July
1996).
322 Ordinance No. 4728 entitled, “An Ordinance Changing the Name ‘Council for the
Prevention of Juvenile Delinquency’ Appearing in Ordinance No. 2950, as Amended by
Ordinances Nos. 2998, 3498 and 3509, to “Youth Welfare Council” (26 May 1960).
323 Ordinance No. 4588 entitled, “An Ordinance Appropriating the Amount of P20,000
to be Made Available for the Purchase of Equipment and Other Devices for the Use
of the Juvenile Control Bureau of the Manila Police Department in Notifying Parents
or Guardians of Estranged or Lost Children Detained in the Said Bureau” (29 August
1962).

324 Ordinance No. 4728 entitled, “An Ordinance Appropriating the Amount of P60,000.00
to be Made Available for the Construction of a Building Which Will House the Juvenile
snd Domestic Relations Court Near the Youth Reception Center at Arroceros Street,
Manila” (21 March 1963).
325 Quezon City Child and Youth Welfare Ordinance, Sec. 11.
326 Id. Sec. 12(a).
327 Id. Sec. 12(b).
328 Id. Sec. 12(c).
329 Id. Sec. 15.
330 Id. Sec. 16.
331 Id. Sec. 17.
332 Ordinance No. SP-1026 entitled, “An Ordinance Creating the Quezon City Council for
the Protection of Children, Defining Its Functions and Membership, Technical Working
Group, and for Other Purposes” (20 February 2001).
333 Resolution No. SP-524 entitled, “A Resolution Adopting and Supporting the Provisions
of the United Nations Declaration on the Rights of the Child, the World Declaration
on the Survival, Protection and Development of Children, and the Rights of Girl-Child
Embodied at the Beijing Platform of Action for Women and Urging the Legislative and
Executive Branches of Government to Enact Laws and Implement Plans and Programs
Related to the Above Issues” (24 October 1995).
334 Ordinance No. SP-5 entitled, “Ordinance Establishing the ‘Quezon City Hall Yakap,’ A
Day Care Center for Children Ages 3 to 6 of Parents Employed In Quezon City Hall
and Appropriating the Amount of Fifty Thousand pesos Therefor from Any Available
Funds” (03 August 1992).
335 Ordinance No. NC-146 entitled, “Ordinance Establishing the Quezon City Drug
Treatment and Rehabilitation Center and Appropriating the Amount of Nineteen
Million Seven Hundred Sixty Two Thousand Pesos for the Purpose” (16 April 1990).
336 An Ordinance Providing for Child Survival, Development, Protection, Security and
Participation and Establishing A Comprehensive Children Support System in Pasay City
and for Other Purposes (13 February 2001).
337 Resolution No. 1586 entitled, “Resolution Authorizing the Honorable City Mayor
Wenceslao B. Trinidad, to Enter into and Sign in Behalf of the City Government
of Pasay, A Memorandum of Agreement with the Department of Interior and
Local Government (DILG) Represented by its Secretary, Hon. Alfredo Lim, on the
Establishment and Maintenance of the Street and Urban Working Children Project’s
(SUWCP) Social Development Center (SDC)” (08 November 2000).
338 Resolution No. 1274 entitled, “A Resolution Requiring All Barangay Captains of Pasay
City to Create Their Local Barangay Anti-Drug Abuse Council (BADAC) in Their
Respective Jurisdictions” (22 June 1999).
Endnotes 203
339 Resolution No. 456 entitled, “A Resolution Requesting the Department of Social
Welfare and Development, Non-Government Organizations as well as the Chairman of
the Committee on Youth and Sports Development, to Coordinate for the Study of the
Feasibility of Establishing a Shelter for Street Children in Pasay City” (28 September
1992).
340 Resolution No. 02-33 (2677) entitled, “A Resolution Extending Financial Assistance in
the Amount of Three Hundred Thousand Pesos (P300,000.00) to Tambo Youth Circle
(TYC) Balikatan ng mga Kababaihan ng Don Galo, Kudyapi, Philippines” (05 March
2002).
341 Resolution No. 01-47 (2530) entitled, “A Resolution Authorizing the Hon. Mayor
Joey P. Marquez to Sign for and in Behalf of the City Government of Parañaque the
Memorandum of Agreement with the Save the Children Foundation to Enable the
Latter to Reach a Wider Number of Children, Parent/Caregivers and Community
Members” (07 August 2001).
342 Resolution No. 00-83 entitled, “A Resolution Granting Locational Clearance to Sister
Phillip/Sr. Salecia for Their Proposed St. Joseph House (Orphanage) Located at L-1-A-2,
1-A-3 & 1-A-4 El Dorado Avenue, Levitown, Barangay Don Bosco, City of Parañaque,
Metro Manila” (01 August 2000).
343 Ordinance No. 01-03 (695) entitled, “An Ordinance Creating and Establishing a
Culture, Arts and Music Training Center for Out-of-School Youth, Street Children and
Other Less Privileged Sector in the City of Parañaque.” (27 February 2001).
344 Ordinance No. 00-19 entitled, “An Ordinance Granting a Monthly Allowance of Five
Hundred Pesos (P500.00) Each for the Special Children of Parañaque Currently
Enrolled in the Special Education Program of DECS And Appropriating Funds Therefor”
(10 October 2000).
345 Ordinance No. 00-17 entitled, “An Ordinance Establishing a Post-secondary/Tertiary
Educational Institution of Science and Technology and Appropriating Funds for the
Purpose” (02 October 2000).
346 Ordinance No. 93-12 entitled, “An Ordinance Establishing a Half-Way Home for Drug
Dependents to be Administered by Technical Personnel and Providing Funds Therefor.”
(29 June 1993).
347 A Resolution Organizing the Barangay Council for the Protection of Children (BCPC)
by the Barangay Council Pursuant to PD 603 And DILG Memoranda Circular 90-01
and 94-14.
348 Rule on Juveniles in Conflict with the Law, Section 2.
349 Refer to Chapter Three on Related Studies.
350 Resolution of the Supreme Court en banc dated 15 October 1991 providing for the
Revised Rule on Summary Procedure for Metropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts.
351 Emphasis supplied.

355 Quezon City Ordinance No. 4, S-2002.
356 An Ordinance Banning the Use of Pellet Guns/Toy Guns and/or Watusi Pyrotechnics
within Barangay Masambong, San Francisco Del Monte, Quezon City, and the
Imposition of the Corresponding Penalties for Violation Thereof.Ch. 6 Notes 357 - 384
Chapter 6
357 Section 15 (a), Rule 110.
358 Bautista, Rosa Maria J., Profile of the Youthful Offender of Metro Manila, as cited in
Salute to Youth U.P(. Law Center, Quezon City: 1989), p. 154.
359 Youth In Detention: Issues and Challenges, A Nationwide Survey, A Project of the
Research Committee of the Philippine Action for Youth Offender (Manila 1996), p.11.
360 PNP Youth Offender Data Monitoring System (January to December 2001).
361 “Youth In Detention: Issues and Challenges, A Nationwide Survey.” A Project of the
362 PNP Youth Offender Data Monitoring System (January to December 2001).
363 Of the 19 children in high school, 12 were in first year; 5 in second year and 2 in third
year.
364 Of the 14 children in elementary, 1 was in Grade One; 2 were in Grade Two; 1 in
Grade Three; 1 in Grade Four; 4 in Grade Five; 4 in Grade Six and 1 did not indicate
the grade level.
365 When the 35 children interviewed were asked if they were attending school before
their arrest, 13 children answered in the affirmative; 21 children said that they stopped
schooling before their arrest and 1 child did not provide an answer.
Salute to Youth (UPLaw Center, Quezon City: 1989), p.154.
369 Bautista, Rosa Maria J., “Profile of the Youthful Offender of Metro Manila,” as cited in
Salute to Youth (U.P. Law Center, Quezon City: 1989), p. 155.
370 “Youth In Detention: Issues and Challenges. “ A Nationwide Survey. A Project of the
371 The tricycle, a motorcycle with a side car used for carrying passengers, is an alternative
means of transportation most commonly used in the side streets of Metro Manila and
in many other places in the country.
372 A pedicab is a bicycle with a side car that is used as a means of public transportation. It
is usually taken for travel of short distances.
Endnotes 205
Salute to Youth (UP Law Center, Quezon City: 1989), p. 154.
374 The Comprehensive Dangerous Drugs Act of 2002, Republic Act No. 9165.
376 Survey on Youth Offenders at Camp Sampaguita and Correctional Institute for Women
{Bureau of Child and Youth Welfare, Department of Social Welfare and Development,
1993), p. 30.
Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p.27.
378 Shabu is the popular name for metampethamine hydrochloride.
381 After arraignment, the court is required to order a pre-trial conference to consider the
following: (a) plea bargaining; stipulation of facts; marking for identification of evidence
of the parties; (d) waiver of objections to admissibility of evidence; (e) modification of
the order of trial if the accused admits the charge but interposes a lawful defense; and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil
aspects of the case (Rule 118, Section 1, Revised Rules of Court).
382 Preliminary investigation is required to be conducted before the filing of a complaint
or information for an offense where the penalty prescribed by law is at least four (4)
years, two (2) months and one (1) day without regard to the fine (Rule 112, Section 1,
Revised Rules of Court).
383 Lawyer appointed by the court who is often a government lawyer or public defender.
Salute to Youth (UP Law Center, Quezon City: 1989), p. 152.
Chapter 7
385 Art. 87. Council for the Protection of Children. - Every barangay council shall
encourage the organization of a local Council for the Protection of Children and shall
coordinate with the Council for the Welfare of Children and Youth in drawing and
implementing plans for the promotion of child and youth welfare. Membership shall be
taken from responsible members of the community including a representative of the
youth, as well as representatives of government and private agencies concerned with
the welfare of children and youth whose area of assignment includes the particular
barangay and shall be on a purely voluntary basis.
Said Council shall:
(1) Foster the education of every child in the barangay; (2) Encourage the proper
performance of the duties of parents, and provide learning opportunities on the
adequate rearing of children and on positive parent-child relationship; (3) Protect and

assist abandoned or maltreated children and dependents; (4) Take steps to prevent
juvenile delinquency and assist parents of children with behavioral problems so
that they can get expert advise; (5) Adopt measures for the health of children; (6)
Promote the opening and maintenance of playgrounds and day-care centers and other
services that are necessary for child and youth welfare; (7) Coordinate the activities
of organizations devoted to the welfare of children and secure their cooperation; (8)
Promote wholesome entertainment in the community, especially in movie houses; and
(9) Assist parents, whenever necessary in securing expert guidance counseling from
the proper governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the children. It
shall distribute to parents available literature and other information on child guidance.
The Council shall assist parents, with behavioral problems whenever necessary, in
securing expert guidance counseling from the proper governmental or private welfare
agency.
386 The Miranda Doctrine embodies the rights of the accused which a law enforcer recites
to an individual upon arrest as matter of procedure. This consists of the right to be
warned prior to any questioning that the person has the right to remain silent, that
anything that one says can be used against him/her in a court of law, that one has the
right to presence of any attorney, and that if he/she cannot afford an attorney, one will
be appointed for him/her prior to any questioning if he/she so desires.
387 Sec. 5, Republic Act No. 8369, An Act Establishing Family Courts, Granting Them
Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas
Pambansa Bilang 129, as Amended, Otherwise Known as the Judiciary Reorganization
Act of 1980, Appropriating Funds Therefor and for Other Purposes.
388 Section 11, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC, Supreme
Court, April 15, 2003.
389 For the purposes of this research, criminal cases handled by the respondents are filed
with the Prosecutor only, as the respondents are from Family Courts within Metro
Manila.
390 Section 1 of the 1991 Revised Rule on Summary Procedure provides:
“SECTION 1. Scope. --- This rule shall govern the summary procedure … xxx… in the
following cases falling within their jurisdiction:
xxx
B. Criminal Cases:
xxx
(3) Violations of municipal or city ordinances;
(4) All other criminal cases where the penalty prescribed by law for the offence
charged is imprisonment not exceeding six months … xxx.”
391 Section 3 of Rule 112, Revised Rules of Criminal Procedure provides that, “
392 Rule on Examination of Child Witness, 15 December 2000.
393 Section 13, Rules on Juveniles in Conflict with the Law, A.M. No. 02-1-18-SC, 15 April
2002.
394 Section 14, Id.
395 Section 15, Id.
Endnotes 207
396 Section 16, Id.
397 Section 17, Id.
398 Section 18, Id.
399 Section 19, Id.
400 Section 20, Id.
401 Section 27, Id.
402 Section 1, Rule 119, Revised Rules on Criminal Procedure.
403 Section 2, Id.
404 Section 3, Id.
405 Section 4, Id.
406 Section 29, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC, Supreme Court.
409 Section 6, Rule 120, Revised Rules on Criminal Procedure.
410 Paragraph 1, Section 32, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC,
Supreme Court.
411 Paragraph 2, Section 32, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC,,
Supreme Court.
Supreme Court.
Supreme Court.
Supreme Court.
Supreme Court.
Supreme Court.
Supreme Court.
418 Section 38 provides: “The Family Court, motu proprio or on application of a person
who has been adjudged a juvenile in conflict with the law, or if still a minor, on motion
of his parents or legal guardian, shall, upon notice to the prosecution and after hearing,
order the sealing of the records of the case if it finds that two (2) years have elapsed
since the final discharge of the juvenile after suspension of sentence or probation, or
from the date of the closure order and he has no pending case of an offense or a crime
involving moral turpitude.
Upon entry of the order, the case shall be treated as if it never occurred. All index

references shall be deleted and in case of inquiry, the Family Court, prosecution, law
enforcement officers and all other offices and agencies that dealt with the case shall
reply that no record exists with respect to the juvenile concerned. Copies of the order
shall be sent to these officials and agencies named in the order. Inspection of the sealed
records thereafter may be permitted only by order of the Family Court upon petition
of the juvenile who is the subject of the records or of other proper parties.
This procedure shall be without prejudiced to the rule on destruction of video or
audio tapes under Section 31 of the Rule on the Examination of a Child Witness.”
419 Section 20, Rules on Juveniles…
420 Section 36, supra.
422 This period was taken from the totality of the periods within which the prosecutor
has to act before filing the information in court, and does not include the lapse of time
from the date of issuance of the subpoena or notice to reply to the date of actual
receipt by any party.
423 Article 191, Child and Youth Welfare Code, as amended (1974).
424 Mer Layson, 30 minors bolt Manila youth detention center, available at
http://www.manilatimes.net/national/2002/sept/12/metro/20020912met1.html.
425 Section 32, Rules on Juveniles in Conflict with the Law, Supreme Court A.M. No. 02-1-
18-SC (Effective April 15, 2002).
426 Presidential Decree No. 1990, Amending Presidential Decree No. 968 otherwise
known as the Probation Law of 1976 (October 5, 1985).
427 Presidential Decree No. 968, Probation Law of 1976 (July 24, 1976).
428 Due to the separate offices of city social workers in Manila and Quezon City, their
exact numbers where not ascertained during the interviews.
429 Article 191, Presidential Decree No. 603, as amended.
Chapter 8
430 Due to the nature of their function, some of the questions were not asked of the
Correction pillar. Since their function is the implementation of a decision by the courts,
diversion is not applicable to them.
431 A.M. No. 02-1-18-SC
432 Section 4 (f).
433 Section 4 (g).
434 Section 20.
435 Composed of its branch clerk of court as chairperson, and the prosecutor, a lawyer of
the Public Attorney’s Office and the social worker assigned to the said Family Court,
Section 21.
436 Section 20.
Endnotes 209
437 In making its recommendation, the Committee shall consider the following factors:
a) The record of the juvenile on his conflict with the law;
b) Whether the imposable maximum penalty of the offence is more than six (6)
months, regardless of fine; or only a fine, regardless of amount;
c) Whether the juvenile is an obvious threat to himself and/or the community;
d) Whether the juvenile is unrepentant;
e) Whether the juvenile or his parents are indifferent or hostile; and
f) Whether the juvenile’s relationships with his peers increase the possibility of
delinquent behaviour. (Section 22)
438 The Committee cannot recommend diversion should the juvenile or the private
complainant object thereto. If no diversion programme is recommended, the court
shall include the case in its calendar for formal proceedings.
439 It may include any or a combination of the following:
a) Written or oral reprimand or citation;
b) Return of property;
c) Payment of the damage caused;
d) Written or oral apology;
e) Guidance and supervision orders;
f) Counselling for the juvenile and his family;
g) Training, seminars and lectures on (i) anger management skills; (ii) problem-solving
and/or conflict resolution skills; (iii) values formation; and (iv) other skills that will
aid the juvenile to properly deal with situations that can lead to a repetition of the
offence;
h) Participation in available community-based programmes;
i) Institutional care and custody; or
j) Work-detail programme in the community. (Section 22)
440 Section 23. In all cases where a juvenile in conflict with the law is given the benefit of a
diversion programme, an undertaking describing the programme shall be signed by him,
his parents or legal guardian and the complainant, and approved by the Family Court.
441 It may, however, extend the period of diversion to give the juvenile a further chance to
be rehabilitated.
442 Section 25.
Chapter 9
443 Section 20, Rules on Juveniles…
446 This period was taken from the totality of the periods within which the prosecutor has to
act before filing the information in court, and does not include the lapse of time from the
date of issuance of the subpoena or notice to reply to the date of actual receipt by any party.
447 Article 191, Presidential Decree No. 603, as amended.

Case Studies
Note: The real names of the children interviewed have been changed to protect their identity.
Case Study 1: Dennis

(Interviewed 8 January 2003)
PERSONAL PROFILE AND CIRCUMSTANCES

Dennis was 11 years old at the time of his arrest. He grew up in Mindanao Avenue,
Quezon City. Before the arrest, he was residing in Tandang Sora (near the public
market) with his parents. His father worked as a firefighter and his mother stays
at home. He is the third of six children.
Dennis finished third grade. He spends most of his time playing computer games
(“Counter Strike”) and hanging around with his barkada (gang mates). He is a
member of the “Onse P Gang” or “Onseng Palaboy” (“Eleven Vagrants”). Dennis
smokes, drinks alcohol and, on one occasion, tried smoking marijuana. He has
been arrested three times.
BACKGROUND OF ARREST
In August 2002, a security guard caught Dennis stealing slippers, bags and money
from the public market.
GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE

The security guard explained to Dennis why he was arrested. He verified Dennis’ age
but did not inform the latter of his rights. He hit Dennis on the face and brought
him to the barangay hall where he stayed there for a day. From the barangay hall,
he was brought to the police station. The police officer verified his age and took
his picture and fingerprints but did not explain to him the charge against him. He
did not read Dennis his rights as an accused.
Within 36 hours from his arrest, Dennis was brought to the prosecutor’s office for
inquest. He was accompanied by three police officers. During the inquest, the pros-
ecutor did not verify Dennis’ age, neither did he read him his rights nor explained
to him the nature and cause of the accusation against him. The prosecutor only
asked him about the goods that he stole from the market. According to him, the
prosecutor paid more attention to the complainant and the police officers.
During the first court hearing, Dennis was represented by a lawyer. He does not
know whether the lawyer was a private counsel or from the PAO. The only instance
Case Studies 211

when his lawyer talked to him was before the arraignment but it was only for (30
minutes. The court did not verify Dennis’ age. The public was also not excluded
during the trial. Dennis has already attended three hearings. According to him,
nothing much happened during these hearings because the complainant did not
appear in court. He said that he did not understand the court proceedings.
SITUATION IN THE DETENTION AND REHABILITATION CENTRE

After the police investigation, Dennis was detained at the precinct for two weeks.
There were seven detainees in the precinct--four children and three adult fe-
males.
He was later transferred to the Molave Youth Center. Dennis shares one dormitory
with 16 other detainees. Among the activities in the centre, he enjoys candle and
keychain making the most. He likes studying the least.
CONCEPT OF DIVERSION AND ITS IMPACT ON THE CHILD

The interviewer explained to Dennis the meaning or concept of diversion. Dennis
believes that not all children in conflict with the law should be diverted from the
criminal justice system. The application of diversion should depend on the gravity
of the offence committed by the child. In light cases, the punishment should be
to make the offenders render community work and eventually find employment.
Diversion should start at the community level to prevent child offenders from being
put in jail. He also mentioned that the social worker requested for his temporary
release, but the court denied it.
SUGGESTIONS GIVEN BY THE CHILD

Dennis suggested that in order to prevent children from coming into conflict with
the law, adults should make sure they always do what is right. Parents should not
physically punish their children.
Barangay officials, on the other hand, must help kids like Dennis to stay away
from jail. There should be more female police officers when a case is being inves-
tigated.
Dennis said the public should not be allowed to witness the trial of a case involv-
ing children in conflict with the law. The court social worker should remind the
judge to observe this.

Case Study 2 : Jerry

Jerry used to live with his family in Bulacan up until he ran away from home (nag-
stokwa or went stow-away) and moved to Bagong Pag-asa, Agham, Quezon City.
He stayed with his barkada or gang mates.
He had already quit school when he was arrested. He finished first year high
school.
Jerry’s parents are separated and he does not know where his biological mother is.
His father is still alive and works as a barangay officer in Bulacan. He is the second
of three siblings.
At the time of his arrest, Jerry was a “hold-upper.” He was a member of the “Original
Pinoy Gangsta” and a member of the “Bahala Na Gang.” He and other members
of the gang engaged in hazing, drank alcohol, smoked cigarettes, used drugs like
shabu and marijuana, picked girls up, and robbed people.
This is Jerry’s first arrest. He and six of his gang mates were caught while they held-
up a public passenger jeepney. He was the only minor. Only two were arrested
while the other four fled when a passenger-police officer on the jeepney shot Jerry.
Subsequently, the arresting police officers and Barangay Tanods who responded to
the incident brought Jerry to a hospital before the police investigation.
Two passengers were killed, the police officer and a woman. Meanwhile, the woman’s
husband was paralysed. Jerry was charged with robbery with double homicide.

The arresting officer identified himself to Jerry. He asked Jerry his name, age, and ad-
dress. Jerry gave a false address because he did not want his family to find out about
the incident. The arresting officers hit him and used vulgar words with him.
During the police investigation, Jerry was asked his age, fingerprinted and pho-
tographed. There was no lawyer present during the police investigation. Jerry’s
family discovered what happened to him when they saw the news on television.
Jerry was handcuffed and brought to Camp Karingal for detention.
Case Studies 213

A week after his arrest, Jerry was brought to a prosecutor for inquest or preliminary
investigation. Jerry’s father, grandmother, older sister, the police officer, the pros-
ecutor, the complainant, and a witness were all present during the investigation.
The fiscal read the report made by the police, and then explained to Jerry why he
was being investigated.
The court reviewed the police report and Jerry’s birth certificate to ascertain his age.
A PAO lawyer represented Jerry during the trial. At first, Jerry’s lawyer discussed
the case with him before they went to trial. Later on, the lawyer did the same.
The public was not excluded during his trial. Jerry was able to understand the court
proceedings when it was explained by the social worker from Molave who was as-
signed to him. His last trial scheduled on 15 October 2002 was reset to 13 January
2003. The trial scheduled for October was not listed on the BJMP calendar.
Jerry wanted to get a private lawyer. He felt that the PAO lawyer assigned to him
was not doing his job well. The lawyer was courting Jerry’s sister, which is another
reason why he did not like the said lawyer. His lawyer wanted him to “plead guilty”
to the crime he was charged with. On the day that he was supposed to “plead
guilty,” the complainant did not appear in court. The next hearing date was re-
scheduled. His lawyer told him he would be sent to the National Bilibid Prisons
in Muntinlupa. He was very frightened.
SITUATION IN THE DETENTION AND REHABILITATION CENTRES

After the arrest and police investigation, Jerry was brought to Camp Karingal
for detention. There were around 17 men inside the cell. Adult offenders were
detained together with the children in conflict with the law. The female offenders
were separated from them.
Pending the trial, Jerry stayed at the Molave Youth Center. He was the dorm leader
of Dorm 3. He shared the room with 27 other children. Being the dorm leader, he
was in charge of giving speeches if there are special occasions. He was also tasked
to welcome or thank the guests and/or visitors. When there are new detainees, he
would assist them. Jerry would tell the new detainees to respect those in authority
or in uniform (referring to the social workers and jail guards in Molave); and that
they should learn how to cooperate with the other detainees.
Jerry liked all the activities in Molave such as soap making, sewing, singing, and
dancing. He enjoyed drawing and studying electronics the most. He even won
first place in the 2001 and second place in the 2002 poster-making contests held
in Molave. He would like to get a degree in Computer Technology.

He observed that there were enough supplies of food, slippers and toiletries for
them. He believes, however, that additional funds should be given to the centre to
buy medicines. He lent and gave some clothes to the new detainees, especially those
who had nothing with them when they arrived at the Molave Youth Center.

Jerry does not completely agree with the concept of diversion. The settling of the case
should depend on the economic status of the parents of the child in conflict with
the law. Some parents are not capable of paying the amount of money demanded
or the amount of damage caused by their children. Similarly, some complainants
or the relatives of the complainants take advantage of the situation to demand a
much higher compensation.
There was an attempt to divert or settle Jerry’s case at the court level. The wife of
the slain police officer stopped attending the hearings and lost interest in the case.
The parents of the woman who was killed wanted the case to be diverted. However,
the parent of the man who was paralysed wanted the case to push through.

Jerry opined that children come into conflict with the law because they rebel. It
does not necessarily mean that their parents neglect them.
In order to prevent other children from coming into conflict with the law, Jerry
would like to share with them his experiences. He would like to convince them to
avoid doing things they might regret in the future. Jerry thinks that his father’s way
of disciplining them--by telling them that what they did was wrong, is an effective
way of disciplining children. He narrated that his father would spank him or hit
him only when he is being too difficult. He believes that parents should discipline
their children by talking to them. The children would understand that what they
did was wrong if their parents would tell them, instead of physically hurting them.
He added that children who experienced physical punishment from their parents
learn to be more aggressive and tend to rebel against their parents. He emphasised
that problems can be solved when people talk or discuss them.
Jerry thinks that the minimum age of criminal liability should be 18 years old. Be-
low that age, a child is too young to be detained and not capable of understanding
the things he or she did. Children below 18 years of age are also easily influenced
by his or her peers or barkada. He feels that at the age of 18, an individual can be
charged with the offence he committed because he is no longer a minor.
Case Studies 215

Although Jerry agrees with imprisonment as punishment for children in conflict
with the law, he believes that they should not be detained for a long period of time.
Children in conflict with the law should experience being detained so they would
be scared of repeating the wrong they did. As he puts it, “Dapat makulong din pero
huwag matagalan, para lang madala sila sa ginawa nila at matakot, para hindi na
nila ulitin” [They should also be put in jail, but not for a very long period, just so
they will learn their lesson and for them to refrain from repeating the act again].
Jerry pointed out that barangay officials and police officers should not hurt children
in conflict with the law. Likewise, he said that the latter should stop engaging in
corrupt practices and refrain from abusing authority. Jerry stressed that these of-
ficials are not doing their job well. The process in court is slow and it takes months
for the hearing to continue and sometimes the trials are re-scheduled. As for the
correction level, he suggested that more officials should be assigned so they could
focus on the situation of each child detained in the detention centres.

Case Study 3: John

John is a 15-year-old male who grew up in Ormoc, Leyte. He came to Manila with
his mother in the hope of finding a better life. They lived in Sucat, Parañaque where
his mother sold barbeque. He does not know who his father is. He has an elder
sister, now 17 years old, who remained in Ormoc, Leyte to continue her studies.
John finished elementary education in Ormoc. When he arrived in Manila with

his mother, he found work as a dishwasher in Laguna. After seven months, he
quit and worked as a barker hailing jeepneys (nagtatawag ng jeep) and assisting
passengers in Sucat.
Like boys his age, he enjoys playing basketball. He has friends but is not a member
of any gang. Besides smoking, he does not have any other vice. His only wish is
that he can go back to Leyte to be with his old friends again. If given the chance,
he also wants to finish high school and find decent work.
This is John’s first arrest. He was arrested for robbing a person while he was hailing
jeepneys in Upper Sucat. It was the father of the person he allegedly robbed who
arrested him. The arrest was without a warrant. It was made the next day after the
“alleged robbery” and he was brought to the police station in “Coastal.”

During the investigation, the police asked how old he was, afterwhich, his fin-
gerprints and photograph were taken. They explained the nature and cause of
the accusation against him. However, the police did not tell him his rights as an
accused. Furthermore, the police officers used vulgar words and other profanities
and also kicked him.
He remembers no one assisting him during the police investigation. No lawyer

was present. The media reporters at the police station merely took pictures and
did not interview him.
Within 36 hours after the police investigation, he was brought to a prosecutor for
preliminary investigation. During the inquest, only the prosecutor was present.
No lawyer assisted John. Again, he was asked how old he and was told why he was
Case Studies 217

brought to the police station. However, they did not inform him of his rights as
an accused.
Currently, John’s case is on trial stage and he is being represented by a PAO lawyer.
He appeared only once in court and that was during his arraignment. However,
the PAO lawyer did not discuss the case with him. John says the court asked if he
fairly understood the proceedings in court even if no one explained to him what
was going on. He said people inside the court did not leave the room during his
arraignment.

John was detained for one day and one night at the police station in Coastal Para-
ñaque. He remembers sharing the cell with eight other inmates. There were also
adult offenders in the jail, all males.
CONCEPT OF DIVERSION
John believes that children in conflict with the law should be diverted from the
criminal justice system. According to him because of their tender age, children do
not understand the consequences of their actions in most cases. He believes that
diversion should occur in the community or barangay level in order to speed up
the release of the children in conflict with the law. John does not know whether
there was any attempt to divert or settle the case against him.

John thinks the reason why children come into conflict with the law is poverty.
Children need to survive and pay household expenses. He thinks that the minimum
age at which a person may be held criminally liable is 13 years old. At that age,
a child already has a sense of right and wrong. In addition, the child has already
finished elementary grade at that age.
He thinks that parents may spank and scold children to discipline them. These
are effective in teaching children not to do the wrong things. He says that when a
child is wrong and scolded, he or she admits his or her faults. He cannot think of
other effective means of disciplining a child. However, he does not have a definite
answer when he was asked whether he agrees that children in conflict with the law
should be incarcerated. He just bowed his head and said, “Maybe.”

He believes that children in conflict with the law should not be put in jail but
should be confined in their respective houses, under the care and supervision of
their parents, similar to “house arrest.”
He says the community, through the barangay officials, should help solve problems
in the barangay. Furthermore, law enforcers should explain to the children they
arrest what their rights are. He adds that programmes that aim to provide detained
children with food and education should be encouraged.
Case Studies 219

Case Study 4 : Joseph

Joseph is the fourth of five children. His family is from the province of Samar.
They moved to Manila when he was 10 years old. At the time of his arrest, he was
only 17 years old and he was living with his parents in their residence in Muñoz,
Quezon City. As of this interview, his parents still live together in Muñoz. His
father and mother both earn a living as street vendors at the Muñoz market. Joseph
would help them whenever he is not in school.
Joseph was in first year high school when he was arrested and never resumed
schooling since then. He did not have any work other than helping his parents at
the market. His interests revolve around sports such as basketball and singing rap
music. His ambition is to become a police officer like one of his uncles.
Joseph is not a member of any gang. His friends or barkada include some of his
immediate cousins, mostly his own age. His vices include smoking and drinking
alcoholic drinks.
This is Joseph’s first arrest. He and his barkada, composed of around ten minors,
were hanging out near Muñoz Market at around 11pm when three police officers
passed by. They were accompanied by two civilians whom he later learned were
his accusers. When they were approached by the police, the group was asked to
stand up and face them, saying that two persons complained of a snatching in-
cident that same day. Joseph and his group did as they were told. They were all
asked to take off their caps. When the complainants surveyed them, Joseph and
another minor were pointed out as the snatchers. According to the complainants,
they recognised Joseph and his companions’ clothes and necklaces but could not
exactly pinpoint them by their faces alone. Later it turned out that the other minor
was mistaken for another. After being pinpointed, only Joseph was brought to the
Baler police station.

Joseph did not resist the arrest in any way. The arresting officer asked him his
age but did not inform him of his rights. The officer did not identify himself,
but Joseph recognised him as a police officer because of his cap. Joseph was not
physically abused or harassed in any way at the time of his arrest. The policeman

did not carry a gun or stick and did not use any force against Joseph since he did
not resist the arrest. However, the officer did not attempt to inform his parents or
relatives of the arrest. He was brought immediately to the Baler station without
going through any physical or mental examination.
The next morning the desk officer of Baler station interviewed him. No lawyer
assisted him and no media personnel interviewed him. The police did not personally
inform him of the cause of his arrest because there was already a complaint against
him. Joseph was not fingerprinted nor was his photograph taken. According to
the officer, his arrest was based simply on the positive identification made by the
complainants when he was arrested.
Within twelve hours from his arrest, Joseph was brought to the prosecutor’s office
for an inquest. He was not assisted by any lawyer, nor was he told that he should
get one. The other persons present during the investigation were the two complain-
ants, the prosecutor, and the arresting officer.
He was not asked how old he was because it was already contained in the record.
He was not informed of his rights, but was informed about the nature and cause
of his arrest (robbery).
During his arraignment and pre-trial, a DSWD representative, who was not a
lawyer, assisted Joseph. It was during the second hearing that a lawyer appeared.
He was a friend of the DSWD representative. On his second hearing, Joseph was
asked by the lawyer if he had any defence. He was also informed of the probable
outcome of the case. He was even told that considering he was only 17 years old,
he should plead guilty so that he would be sentenced to four years in Tanay, Rizal,
a centre for minors. If he does not plead guilty now, the case could drag on. f he
is convicted after he reaches 18 years old, he could be sentenced to four years in
Muntinlupa, a prison for adults. Joseph refused and maintained his innocence.
Joseph’s hearings were open to the public. He did not understand any of the pro-
ceedings before the court. During his first two appearances, the court did not ask
him his age. It was only on the second hearing that the lawyer explained to him
what could happen.
SITUATION IN DETENTION AND REHABILITATION CENTRES

During his stay at the Baler station, he was placed in a small room along with adults
and three minors. Adjacent to their room was another cell with female detainees.
He was detained there for 20 days before being brought to Molave.
Case Studies 221

He was able to mingle freely with female detainees through the adjacent wall of
the room. There were no other activities in the detention centre other than the
visiting hours.
At the rehabilitation centre in Molave, there were around 27 minors in one dorm.
He is not able to mingle freely with female inmates because their cells are in sepa-
rate portions of the building. There are several activities in the centre that includes
study periods, cooking classes and cleaning chores. He enjoys hanging out inside
one of the bigger rooms where all male minors can sing and watch television. He
also looks forward to visiting hours.
He does not like it when there is nothing to do and when no one comes to see him
during the visiting hours (weekends at 1pm - 5pm and weekdays at 3pm - 5pm).
For children above nine years old, diversion should not be applied. Joseph believes
that if a child is truly guilty of a crime, the child should be disciplined through the
justice system. It is the best way for the child to realize the wrongful act. However,
he is not against settling the case whenever possible. He believes that settlement
is proper because court proceedings take a long time. For those under nine years
old, diversion should be the first option. This should be done even if the child
admits to the crime.
Joseph believes that diversion should be applied in the community or barangay

level, as much as possible. In case the arrest is made by a police officer, diversion
should be made even before the child is brought to the police station, such as on
the spot settlement. If brought to the stage of investigation, the prosecutor should
make the diversion. If brought to the court level, the judge should initiate the diver-
sion. However, according to Joseph, it is better if diversion is made at the earliest
possible time. He thinks that diversion prevents unnecessary detention in jail. In
his experience, being detained is not easy, especially for a minor.

For Joseph, a child is led to commit crimes because of two reasons. First, the child
is not given enough attention at home by the parents and second, the child grows
up without the guidance of his parents.
Joseph believes that the minimum age of liability should be 20 years old. However,
he said children below nine years old should not be made liable in any way. He

believes that a child under 20 years of age does not know right from wrong. That
child is easily influenced by others to commit a crime.
He believes that the best form of discipline is simply guidance by the parents. It
should begin while the child is still very young and should be done until the child
becomes an adult. It is not enough that the child is spoken to or scolded at times
when he was brought up.
Joseph says children should avoid loitering in public places late at night. He thinks
that minors are easily accused of crimes because they are judged by the way they
dress. Joseph and his barkada dress like “hip-hop.” He thinks this is the reason
why they were pinpointed by the police and the complainants.
Joseph suggested that parents take care of their children. According to him, parental
guidance is most important when the child is very young because that is the forma-
tive years when the child learns easily. Joseph believes that influence starts at home.
A child who is brought up well by his parents is less likely to commit a crime.
For Joseph the community should provide more safe places for children to play
and hang out. He said there should be more basketball courts.
Joseph also adds that law enforcement officers should inform them of their rights as
soon as they are arrested so they would understand what they were going through.
The cause of the arrest should be explained to the children even before they are
detained. The Courts should also provide more opportunity for the children to
speak for themselves so their side may be heard. He thinks that the prosecutors
and the defenders are doing an “okay” job.
Meanwhile, rehabilitation and detention centres should provide more food for the
children because there are times when they would not have meals were it not for
the pasalubong or food brought by visiting relatives. He thinks that funding for
projects should be channelled to building more rehabilitation centres and improv-
ing already existing youth centres.
Case Studies 223

Case Study 5 : Karen
(Interviewed 6 December 2002)

Karen is a 14-year-old female at the time of the interview. She grew up in Taguig.
Her parents are still alive and living together and she was living with them at the
time of the arrest. Her father is a family driver while her mother works as a supervi-
sor at Max’s restaurant. She was in first year high school at the time of her arrest.
She has two other siblings and she is the youngest child in the family. Karen is not
a member of any gang and she does not have any vices.
Karen is a first-time offender and was accused of shoplifting costume earrings at
Robinson’s Galleria. During the interview, she reiterated her innocence. According
to her, she was merely going around the mall when a woman suddenly inserted the
earrings inside her bag. After which, she was arrested for shoplifting. A saleslady
arrested Karen and brought her to the manager of the mall. Then, she was turned
over to the police for arrest and investigation.

During the arrest, the arresting officer identified himself to Karen and explained
the reason for her arrest. The officer verified her age, informed her of her rights
and talked to her parents regarding her arrest. Immediately upon arrest, she was
brought to a government medical officer for physical and mental examination.
The arresting officer did not use vulgar words or profanities during the investi-
gation. No unnecessary force was used against her during the arrest. However,
when Karen was still in the custody of Robinson’s Galleria, the manager slapped
her on the face.
During the police investigation, the investigating officer explained the nature and
cause of the accusation against her. However, the officer did not ask her how old
she was and did not explain the rights available to her as a child in conflict with
the law. Her photograph was not taken. Karen was not assisted by any lawyer in
the course of the investigation.
From the time of Karen’s arrest, she was brought to the prosecutor for inquest
within 12 hours. Again, Karen was not assisted by any lawyer during the inquest.
The investigating prosecutor asked her age and explained the nature and cause of
the accusation against her. However, she was not informed of her rights.

The case against Karen was filed at the Regional Trial Court of Quezon City. A PAO
lawyer assisted her during the trial. The court asked her how old she was before the
trial. The Presiding Judge and other officers of the Court tried to explain to Karen
the court proceedings. The public was excluded during the trial. As of now, the
case is still pending in court.

After the police investigation, Karen was detained for one week at the Molave City
Jail in Quezon City. She shared the cell with another offender. It was a separate
cell from the adult offenders as well as those of the opposite sex.
Karen was then transferred to the Rehabilitation Center of Marillac. There were 16
children in a room but they were detained separately from the adult offenders and
those of the opposite sex. However, there were occasions when she was allowed to
mingle freely with the members of the opposite sex.
Among the activities in the centre, Karen liked the vocational skills best, like dress-
making and toy-making activities. She liked cleaning chores the least.
The concept of diversion was explained to Karen by using her experience as an
example. It was only after a series of illustrations were made that she was able to
relate to and appreciate the importance of diverting the case from the criminal
justice system.
Karen believes in the concept of diversion in order for the child not to be separated
from his or her family. She thinks that the process of diversion should occur in
the community or barangay level for expediency to be able to immediately settle
the case at the earliest possible opportunity.
Karen was not aware of any attempt to divert or settle her case out of court.

Karen said that she could not think of any reason why children come into con-
flict with the law, but she said that perhaps it depends on the child. For her, the
minimum age of criminal liability should be 18 years old, instead of 10 because
children below the age of majority are still very young.
According to Karen, the most effective means of disciplining a child is simply by

talking and explaining to the child the consequences of his or her action. Giving
Case Studies 225

good moral advice also helps because it shows the love and concern of the parents
over their children. Fortunately for Karen, this was also the type of discipline she
received from her parents. Karen does not believe or agree with incarceration as
punishment for children in conflict with the law. According to her, children can
still change for the better.
Karen suggested that children should follow the advice of their parents and parents
in turn should guide their children. The community according to her should im-
mediately inform the parents when children come into conflict with the law. They
must be referred to the nearest rehabilitation centres. She also added that children
should not be detained and that correction centres should prevent children from
being hurt.

Case Study 6 : Luis

Luis was 12 years old when he was arrested and turned 13 years old on 17 January
2003. He grew up in Munoz, Quezon City and finished fourth grade at the Toro
Hills Elementary School.
Luis is the sixth among ten children (four were boys and the rest were girls). Their
father abandoned them while his mother worked as a mananahi or seamstress.
Luis had to help take care and feed his other siblings. He and three other siblings
sold sampaguita.
Luis narrated that his parents never physically punished him. They merely scolded
him whenever he commits something wrong. He thinks that corporal punishment
is effective in teaching children the difference between right and wrong.
Luis is not a member of any gang. He does not drink nor smoke.
Luis had been arrested twice. On his second arrest, he was accused of stealing a
bottle of softdrink from a vendor at the Victory Liner station in Monumento.
The Barangay Captain arrested him and brought him to the Kalookan detention
centre.

It was only at the detention centre where Luis learned that he was accused of com-
mitting a crime. The arresting officer did not harm him but used abusive words
towards him. The officer did not inform Luis’ mother where he was. She only knew
of his detention when she went out to look for him.
During the investigation, the officer only asked Luis his age but did nothing else.
The Barangay Captain was the only person present during the investigation. Luis
said that media reporters from television stations 9 and 7 also interviewed him.
He was detained for six months in the Kalookan City Jail.
After three days, Luis was brought to the prosecutor’s office for preliminary inves-
tigation. This time, the complainant and a CICL representative were present. The
police asked how old he was. The investigating officer also explained why he was
arrested. A lawyer did not assist him during the investigation.
Case Studies 227

Two months later, Luis was arraigned in court. A lawyer from the PAO represented
him. The court verified his age but the public was not excluded during the trial.
Luis said that he did not fully understand the proceedings in court. It was not
explained to him. From what he understood, his last hearing was scheduled on 9
December 2002 and that the real offender was already caught and detained.

After the preliminary investigation, Luis was led to a cell at the Caloocan City Jail
where he was detained for six months. Forty other male detainees occupied the
cell. The children were not separated from the adults, hence, he was exposed to
other people accused of more serious crimes.
When he was transferred to the Rehabilitation Center, Luis occupied the juvenile
dorm with 40 other male children around his age. No child mingled with adult
inmates or with others of the opposite sex who lived in separate dorms. Meals were
served in batches to avoid confusion and intermingling. Among the activities in
the centre, Luis liked studying and reading the most.

Luis believes that diversion should be an option but it should be exercised at the
court level to assure compliance from both parties and to make sure that walang
agrabyado (no one was taken advantaged of ). In Luis’ case, his mother attempted
to initiate diversion with the complainant softdrink vendor but he refused.

Luis tells children not to run away from home. Even if their parents already passed
away, children should not turn to their peers for comfort. They may just be influ-
enced into using illegal substances such as rugby. He also advises parents to take
care of their children properly and guide them because proper education keeps
children off the streets.
Luis thinks Barangay Officials should be “strict” in carrying out their duties and not
neglect them. Law Enforcement Officers, he states, should refrain from rounding
up children from the street even if they have not done anything wrong.
Among all the programmes and services for the benefit of children in conflict with
the law, Luis believes that additional funding should be allotted to the purchase
of books and school materials.

Case Study 7 : Manuel
(Interviewed 18 November 2002)

Manuel was 17 years old at the time of the arrest and turned 18 on 18 January
2002. His family is from Baliuag, Bulacan. He was vacationing with his aunt in
Kalookan when the incident happened.
His aunt owns a computer store at that time. He had been working at the store for
a month when he was arrested. He received Php2,400 a month for his work.
Both of Manuel’s parents are still alive and live in the province. His father knows
that he has been detained. However, he told his father not to tell his mother about
his predicament because it was nakakahiya [embarrassing] and this will only make
his mother angrier with him.
Manuel’s father worked as a house painter while his mother stays at home. They tell
him to be serious with his studies and to study hard. He is the eldest of two siblings.
The youngest one is no longer studying. The rest of his family is in Bulacan.
Manuel finished first year high school. He smokes and drinks alcohol. He is not
a member of any gang.
This is Manuel’s first arrest. He just came from work and was riding the tricycle
with two other friends when they saw another friend. They stopped and were talk-
ing on the side of the road when barangay tanods arrived and searched them. He
does not remember how many barangay tanods were there. The tanods said they
saw stacks of marijuana near the wall where they were standing. He was charged
under the Dangerous Drugs Act

The police officer and barangay tanods arrested Manuel. The barangay tanods
identified themselves to him. They did not inform him of his rights but he was
asked how old he was and was medically examined. His photograph was taken
at the jail. He does not know whether a judge has been assigned to his case and
whether he will get a private lawyer.
Case Studies 229

Manuel was informed that there is “no bail” allowed for the crime he was charged
with. He expressed remorse for his arrest. Although he admits having used marijuana
previously, he denies he owns the drugs allegedly found when they were arrested.
He suspects he was framed.

It was Manuel’s fourth day at the Caloocan City Jail, when he was interviewed
for this study. He was detained in a cell with two other adult inmates. He finds
conditions inside the jail very bad as it was very hot inside and the food is difficult
to eat. However, he said, “Kapag di kumain, mamatay dito.” {He will die inside if
he does not eat]. He was able to watch television and movies inside the jail.

If the charges are proven true, Manuel believes the child should be imprisoned.
If the child is not imprisoned, the child will just repeat the offence. In order for
the child to learn his or her lesson (madala), he should be imprisoned. According
to him, being imprisoned will give the child a time to think about what he or she
has done. He blames himself for the situation he is in.

Case Study 8 : Maria

Maria was 15 years old when she was arrested. She grew up in Quezon City with
her grandmother. She finished second year high school but was not able to enrol
again after her grandmother died. She has five siblings, three with her father and
two with her mother. She has not met her father and the last time she saw her
mother was when she was still small.
Maria’s ambition was to finish her studies and to take up Science and Technology.
However, she had to earn and save money to continue her education. For three
years, Maria worked as a waitress at a Videoke Bar in Quezon City.
Maria enjoys singing and dancing. She spends most of her time cleaning the house.
She is not a member of a gang and does not drink or smoke. Maria admitted to
having smoked marijuana once.
Maria was arrested by police officers while working at the Videoke Bar. She was
accused of stealing home appliances belonging to her best friend. She was brought
to Police Station 7 in Quezon City.

Upon arrest, the police officers (one male and two females) explained to Maria the
reason for the arrest. They identified themselves to her and they ascertained her
age. However, the arresting officers did not inform her of her rights.
On the other hand, the arresting officers did not use force or harassment upon her.
They brought her to a medical officer for an examination. After the arrest, she was
turned over to the investigating officer. They took her picture and fingerprints, veri-
fied her age, informed her of her rights and explained to her the charge against her.
She was placed in the detention centre for eighteen days. Those who were present
during the investigation were the lawyer of the complainant, the investigator, and
the complainant. No lawyer represented her.
Within 12 hours from the time she was investigated at the police station, she was
brought to the prosecutor’s office. The prosecutor verified her age, explained to her,
her rights and the accusation against her. No lawyer was present to represent her
Case Studies 231

during the preliminary investigation. At the court level, a PAO lawyer was available
to assist her. The court verified her age. She said that she understood the proceed-
ings in court because it was explained to her by the social worker. She pleaded not
guilty. The case is still ongoing and she has already attended three hearings.

Maria has been staying with 14 other female detainees in one dormitory at the
Molave Youth Center. Among the activities in the centre, she enjoys the socialisa-
tion activity every Friday the most. She studies at the centre from 8am to 10am.
Although she enjoys the socialisation, she does not like it when they are made to
dance with the opposite sex.

When the interviewer explained to Maria the concept of diversion, she said that
the process should depend on the crime committed by the child in conflict with
the law. Diversion should only apply to light cases. She believes that it should
start at the community level. In her case, she said that there was no attempt to
settle the case.

Maria suggested that police officers clearly explain to the children why they are
being arrested. The court should hear the side of the children and not just the
complainant. They should also explain to the children who come into conflict with
the law the procedures and the facts of the case. For the correction level, she said
the detention centres should improve the manner of disciplining the children and
encourage or have an open forum among the children detained. She also said that
the children should be allowed to finish their studies. If additional funding will
be given to the detention facilities, the money should go to education and books
for the detained children.

Case Study 9 : Mario

Mario is a 16-year-old male and the youngest of five children. He grew up in Bicutan
where his father works as a construction worker and his mother a fish vendor. All
his siblings are married and are living on their own.
He was staying at his friend’s house when he was arrested at 15 years of age. He
was not living with his parents then as they were residing together in Iloilo.
He finished fifth grade. When Mario was still living with his parents, he assisted
his mother in selling fish. To pass the time, he often wanders with his friends.
Moreover, he shares that his parents communicate with him and gives advice when
he is being disciplined.
He belongs to a gang called “True Stupid Lotus” or TSL. He smokes cigarettes.
This is Mario’s first arrest. He is accused of being an accessory to the crime of rob-
bery together with an 18-year-old male. According to him, he was staying at his
friend’s house when he was arrested. He was 15 years old at that time. He was
sleeping when at about 11pm, a barangay tanod knocked at the door. When he
opened the door, the barangay tanod grabbed him by the front of his shirt and
arrested him. He was not shown a warrant of arrest.

Mario said the barangay tanod explained the reason for his arrest, informed him
of his rights and asked him his age. He said that there was no need for an intro-
duction because he is already acquainted with the barangay tanod. No incident
of using vulgar or profane words and harassment or abuse occurred. The arresting
officer did not use any firearm, or any other kind of weapon, handcuffs or other
instruments of force or restraint against him and there was no use of violence or
unnecessary force. However, the arresting officer grabbed his shirt. Furthermore,
the barangay tanod also informed his parents about the arrest. After that, he was
taken to a government medical officer for physical and mental examination.
Case Studies 233

The barangay tanod then turned him over to the police. First, he was turned over
to the Taguig Police Station. Then, he was transferred to the Parañaque Police
Station. Only his mother was present during the police investigation. At the po-
lice station, the police took his fingerprints, and informed him of his rights. He
was detained. No photograph was taken of him, nor was the nature and cause of
accusation explained to him. He was merely told that the complaint pointed to
him as the culprit. No lawyer assisted Mario during the investigation at the police
station and no reporter from the media interviewed him.
SITUATION IN DETENTION AND REHABILITATION CENTRES

Mario was detained in Bicutan for two days and in Parañaque for two months and
six days. Mario narrated that he was detained in a cell with 24 other minor offend-
ers. The adult male and female offenders were housed in separate cells. However,
there were occasions when the minor offenders freely mingled with the adult male
offenders. They were prohibited from interacting with the female offenders, who
they only saw at Sunday mass.
In the beginning, Mario did not mention any physical violence committed against
him. However, towards the end of the interview, he disclosed that several police
officers maltreated him. They punched him and a plastic bag was placed over his
head for about two minutes. They asked him to confess to the crime they accused
him of.
Two days after Mario was detained, he was brought to a prosecutor. He was ac-
companied by two police officers. The prosecutor asked how old he was. He also
explained to him his rights and the accusation against him. Still, no lawyer assisted
him. Meanwhile, the case brought against him has not proceeded to arraignment
nor any court proceeding been taken.
Although Mario is in jail, he claims to enjoy the duty given to him by his cellmates
when they asked him to guard them while they sleep. However, he said there is no
activity inside the jail. He does not like it.
CONCEPT OF THE DIVERSION PROCESS

Mario agrees with the diversion process because he says the children are still
young and can change. He also claims not to have done the crime he is accused
of. Should diversion be undertaken, he thinks it should be done at the barangay
level because in his mind, if the case reaches the police, the children would already
need to put up bail.

There was an attempt to settle his case. A law student volunteer at the Bicutan
police station attempted to talk with the complainants. However, said volunteer
was not able to return to pursue the settlement.

Mario believes that children come into conflict with the law because of their vices.
He thinks that the minimum age of criminal liability should be posted at 18 years
of age for the simple reason that such age is already old enough. To prevent other
children from being in conflict with the law, he recommends that they should not
loiter in the streets because this leads to mischief.
He said parents should monitor their children. He stated that his parents tried to
discipline him by communicating with him and giving him advice. He believes
that these are effective means of disciplining children. He is of the opinion that
if a child is at fault, the child may be spanked. Mario agrees in having children in
conflict with the law incarcerated as long as they are really at fault.
With regard to the members of the community, he said they should treat children
as if they were their own relatives. He said barangay officials should be more careful
in arresting children. It should not be done for the sole reason that a complainant
pointed to the child. Moreover, he claims that police officers should refrain from
inflicting physical harm to minors, which was what he experienced when he was
arrested.
He said detention facilities should be given additional funding. There is a need

to add to the number of electric fans in detention cells. The food provided is also
insufficient for the detained children.
Case Studies 235

Case Study 10 : Ronald
(Interviewed 5 December 2002)

Ronald is an 18-year-old male when he was interviewed. His family was from Bicol
and moved to Parañaque in 1990. His parents are separated and he does not know
where his biological father is. His mother is still alive and owns a sari-sari store.
His mother remarried and his stepfather works as a supervisor in a construction
project. He is the younger of two siblings in his mother’s first marriage.
He ran away from home when he was eight years old because he did not want to
be a burden to his mother and stepfather, who were raising nine siblings in his
mother’s second marriage. He ended up in an orphanage in Bulacan but ran away
again when he was nine years old. He said that his family does not know anything
about the case.
He was not studying at the time of his arrest. He reached the sixth grade but was
not able to finish it. He was not working either. He was a member of the “Bad Guys
Gangsta.” He and other members of the gang drank alcohol, smoked cigarettes,
used drugs like shabu and marijuana, robbed people, picked girls up, fought with
other gangs or just hung out (tambay lang).
Ronald was arrested more than five times for violations of the city ordinance on
curfew. He was last arrested by a police officer who caught him in the act of snatch-
ing a cell phone in Bicutan, Parañaque. He was with three other gang members at
the time of the incident, although he did not squeal them to the authorities.

He was handcuffed and brought to the Parañaque City Jail for detention. He was
placed in a cell with 70 adult offenders before he was investigated. During the police
investigation, he was asked regarding his name, age, and address, was fingerprinted
and photographed. There were no lawyers present during the police investigation.
It was only himself, two police officers and a radio reporter. He was then brought
to a medical officer for examination.
After the examination, he was bought back to Parañaque City Jail, where he was
“tortured” to admit the crime. He said they used vulgar and profane words on
him and used him as a punching bag, electrocuted him and was made to lie on

a bench handcuffed, with a towel in his mouth. The police poured some water
over the towel until it spilled over. They also placed a bullet between his fingers
and pressed his fingers together. He was detained for eight months with 34 other
male children.
Two weeks after his arrest. He was brought to a prosecutor for inquest or prelimi-
nary investigation. The prosecutor just asked the jail guard his age and did not
talk to him.
During the trial, a public lawyer represented him. The counsel just asked him if
he would plead guilty or not to the crime. He said that he does not want to say
anything or plead guilty to the crime committed. He said that he understood the
court proceedings since the Clerk of Court translated everything to Filipino. Suc-
ceeding hearings are still to be conducted.

Ronald was transferred to the NTSB from Parañaque City Jail. In NTSB, he resided
with 264 other children–15 of whom are his roommates. They were separated
according to age per cottage.
His favourite programme in NTSB is being part of the Theatre Club. He enjoys
playing the role of a young boy who is very much like him.
He believes that children in conflict with the law should be given a chance to
change. That is why he agrees that all minors should be diverted from the criminal
justice system. He said that diversion should start at the community level, since
this is where the incidents usually begin.
The complainant attempted to settle the case by letting him return the cellular
phone, but the police officers refused and convinced the complainant to file a case
against him.
He believes in incarceration as punishment for children but he said that it should

depend on the gravity of the crime and only if the said minor is guilty.

Ronald thinks the root of children coming into conflict with the law comes from
problems in the family. Some parents cannot understand how their children feel
and this is why they rebel against them. Let the children understand that what he
Case Studies 237

or she did was wrong by telling them, not by hurting the children. He added that
parents should take good care and watch over their children.
He thinks that the minimum age of criminal liability should be 18 years old. He
thinks that below 18 a child is too young to be detained – even if found guilty. If
the child is imprisoned, a child might become more aggressive or learn more bad
habits from adult offenders. In addition, once children are detained, society sees
them not as children but as offenders or delinquents.
He thinks that barangay officials and police officers should not hurt minors,
should stop corrupt practices, and should not abuse their power. In addition, he
observed that the process in Court is slow. It takes months for the trial to proceed
and sometimes, the trials are even rescheduled.
There is a lack of supply of clothes, slippers and toiletries and this should be ad-
dressed by giving the Youth Center additional funding. The children would risk
stealing extra soap bars from the supplies rather than smell stinky. They would also
lend, or at times give, their new “NTSB mates” some clothes, especially those who
do not have anything with them when they arrived at the NTSB.
He wanted to become a police officer when he was younger. Now, he has some
apprehensions for he does not know what will happen to him after NTSB. He
thinks that the society would not accept him or would label him negatively.

Save the Children UK
Philippines Programme
3/F FSS Building 1, 89 Scout Castor St., Quezon City, Philippines
Telephone (+632) 372–3483 • Fax (+632) 372–3484
www.savethechildren.org.uk
Case Studies 239

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RESEARCH ON THE SITUATION

OF CHILDREN IN CONFLICT WITH THE LAW

Adhikain Para sa Karapatang Pambata

Adhikain Para sa Karapatang Pambata

Published by: Save the Children UK

ii Save the Children – UK

A research of this magnitude and intricacy cannot be accomplished without

The Family Courts, Prosecutors, Public Defendants, Social Workers, Bureau

Save the Children – UK iii

We would like to speciﬁcally acknowledge the following individuals for their

Blessie Abad, Rommel Alim Abitria, Scarlette Rose Abragan,

iv Save the Children – UK

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3 Summary of Related Studies 15

4 International and National Laws Related

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5 City and Barangay Ordinances and Resolutions 48

6 Proﬁle of Children in Conﬂict with the Law 99

7 Observance of Laws 120

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2.1. Number of respondents interviewed from the ﬁve pillars of justice

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Figure 2.1. Distribution of tanod respondents by city

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AKAP Adhikain Para sa Karapatang Pambata

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barangay tanod village police

barangay village or community

barkada group of friends or peer group

batuta night stick

carinderia small eatery or food stall

katarungang pambarangay barangay justice

Katarungang Pambarangay Law village justice system

liga ng mga barangay league of barangays

lupon tagapamayapa peace-and-order committee

palarong barangay village sportsfest

pangkat ng tagapagkasundo conciliation panel

punong barangay barangay chair

rugby coined word for a type of commercial adhesive

sampaguita small white fragrant ﬂowers found throughout Southeast Asia

sanggunian barangay council

Sangguniang Kabataan youth council

Sangguniang Panglungsod city council

shabu popular name for metampethamine hydrochloride, an illegal drug

sumpak homemade gun

takal being beaten with a 2” x 2” piece of wood

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k. Period of detention pending trial; Framework of the Study

The focus of the project is on the legal process within

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Interviews with the Five Pillars

Table 2.1. Number of respondents interviewed from the ﬁve pillars

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(15) Exercise such other powers and perform such other

The barangay chairs and members of the lupon

One of the Operational Support Units of the PNP is

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