ROLE OF THE POLICE IN MANAGING

CASES OF CICL
Training on Handling Children in Conflict with the Law
(CICL) Cases using Multi-Disciplinary Approach
21-24 August 2012
Hotel Dominique, Tagaytay City
ORDER OF PRESENTATION
Role of PNP based on RA 9344
Initial Contact with the CICL
Procedures in taking Child into
Custody
The Initial Investigation
Intervention/Diversion Overview


Philippine National Police
Conduct special training for its personnel in
the management of children in conflict with
the law and the proper observance of
procedures prescribed by the Act;

Ensure that all police stations in the country
have:
1. An area where the children taken into custody
are kept separate from adult offenders;


Philippine National Police
2. A separate logbook of all children taken
into custody;

3. Personnel who are trained specially in
dealing with CICL; and

4. Have a list of all persons/agencies that
may take custody of the child in conflict
with the law in the event the child has no
parent/guardian/relative to assume such
custody;

Philippine National Police
Establish a uniform system of:
1. Reporting of CICL who are taken into the custody
of law enforcement officers; and
2. Maintaining the confidentiality of the records of
children in conflict with the law and protecting
the identity of these children;

Philippine National Police
Establish a system of evaluating the
efficiency and effectiveness of all police
units in the country in handling children in
conflict with the law;
Ensure that all police units in the country
establish and maintain close coordination
and cooperation with the LCPCs and the
LSWDOs in their areas of jurisdiction.

INITIAL CONTACT WITH THE CICL
What constitutes initial contact
with a CICL?
Refers to the apprehension or taking into
custody of a child in conflict with the law by
LEO or private citizens
Upon receiving a subpoena or summons that
do not require PI or immediate custody
PROCEDURES FOR TAKING CHILD INTO
CUSTODY
Give proper identification
Explain to the child the reason, the alleged
offense and his/her rights
Avoid using vulgar words and from abusing the
child
Avoid FA display, use of restraints unless
necessary
Avoid violence or unnecessary force




PROCEDURES FOR TAKING CHILD INTO
CUSTODY
Immediately determine the his/her age age.pptx
Immediately notify parents/guardians, LSWDO
and PAO of the apprehension and turn-over
custody of the child to the MSWO (NLT 8
hours)
Coordinate for thorough P/ME
If detention is necessary , the child shall be
secured in area separate from adults and
opposite sex

PROCEDURES FOR TAKING CHILD INTO
CUSTODY
Record the ff in the initial investigation:
-use of restraints and the reason for such
-that parents/guardian, MSWO and PAO have
been duly informed
-exhaustion of measures to determine the age of
the child, details of P/ME or the failure to submit
the child to P/ME
Ensure that all statements signed by the child
during investigation were witnessed by parents,
MSWO, legal counsel with their signature affixed
to the statement.
THE INITIAL INVESTIGATION
WHAT IS THE NATURE AND OBJECTIVE OF
THE INITIAL INVESTIGATION?
TO DETERMINE WHERE THE CASE INVOLVING THE
CICL SHOULD BE REFFERRED
WHO CONDUCTS THE INITIAL
INVESTIGATION?
THE WCPD OFFICER
WHO IS PRESENT?
COUNSEL OF CHOICE,PARENTS/ GUARDIAN/
NEAREST RELATIVE AND MSWDO
NGO, FAITH-BASED GROUP, BCPC MEMBER (in
the absence of parents and MSWDO)

INVESTIGATION GUIDELINES
Shall be child-friendly and non-intimidating
Conducted on separate room to promote
comfort and freely express him/herself
Use age appropriate language
LEO to allow the MSWDO to actively assist the
conduct of initial investigation
Provide privacy
Written statement shall reflect the language
of the child
Conducted in the best interest of the child

Light Offense Flowchart

INTAKE
BLOTTER
violation
Option 4
TURN-OVER TO
WCPD
DETERMINE
AGE
RELEASE
THE CHILD
Option 1
GIVE
ADVICE
Option 2
REFER TO
PARENTS
Option 3
REFER TO BCPC,
SCHOOL CHURCH
CALL MSWDO
NOTIFY PARENTS
UNDERGO M/P EXAM
15
AND
BELOW
TURN-OVER
CHILD TO
MSWDO
YES
NO
REFER TO
PARENTS
Protocol
BLOTTER
E
N
D
Intervention
Less Serious/ Serious Offense
Flowchart
violation
TURN-OVER TO
WCPD
INTAKE
BLOTTER
DETERMINE
AGE
CALL MSWDO
NOTIFY PARENTS
UNDERGO M/P EXAM
15
AND
BELOW
NO
YES
TURN-OVER
CHILD TO
PARENTS
PHYSICAL
TURN-OVER OF
CHILD TO
MSWDO
WAIT FOR MSWDOS
DETERMINATION OF
DISCERNMENT
> 6 YEARS
PENALTY?
NO
YES
WITH
DISCERMENT
POLICE
DIVERSION
PROGRAM
REFER TO
PROSECUTION
YES
NO
E
N
D
Intervention
P
I
???
PCI MARY GRACE R MADAYAG, BSN, RN
Plans and Program Officer, WCPC
DIDM, NHPNP