LGUs told: Take greater role in protecting kids in conflict with the law

Secretary Ronnie Puno of the Department of the Interior and Local Government (DILG) is calling on local chief executives to undertake “greater responsibility” in implementing intervention programs that would promote the rehabilitation of juvenile offenders or children in conflict with the law (CICL) in their respective communities.

Puno said limited funding should not discourage local government units (LGUs) from carrying out such child-friendly initiatives because “improved collaboration, cooperation and networking among our frontline officers in the field” will help them succeed in creating a ripple effect that will trigger positive changes in the way that society treats its misguided youth.

“LGUs have as much, if not greater responsibility, in ensuring that intervention program that give premium to treatment and rehabilitation of these CICL are put in place to prevent re-offending and further protect CICL.

“Not just a few of these children enter the juvenile justice system. Many in fact leave it, bringing with them countless haunting experiences of the abuse, neglect, trauma or adverse emotions that in their destitute life they thought they have already lived through,” Puno said.

The National Police Commission (Napolcom), under Puno’s chairmanship, recently launched its manual for members of the Philippine National Police to guide them on how to deal with CICL as spelled out under the provisions of Republic Act 9344, otherwise known as the Juvenile Justice and Welfare Act of 2006.

On Puno’s watch as Napolcom chairman, a total of 1,830 Women and Children Protection Desks (WCPDs) have already been established in ail police stations nationwide. These are staffed with 2,728 female police officers, of whom 1,951 have undergone training on gender sensitivity and the basic investigative skills in handling crimes against women and children.

He said under RA 9344, addressing the needs and concerns of CICL would require a holistic approach — “one that brings together focused efforts by national and local governments, the private-sector and non-government organizations in bringing about much-needed policies, programs and services in the system of justice for our children and youth who have violated our laws.”

RA 9344 defines a CICL as a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. “Child” as stated in the law refers to a person below 18 years of age

This law states that although a child who is 15 years of age or under at the time of the commission of a crime is exempt from criminal responsibility, he or she must, however, be subjected to intervention programs outside the criminal justice system for his or her best interest and welfare, as well as that of the community.

The civil liability for the offense allegedly committed may be charged against the child’s parents or guardians/custodians under existing laws.

If the imposable penalty for the crime allegedly committed is not more than six years imprisonment (which includes status offenses and victim-less crimes) the child shall undergo diversion programs without court proceedings which may be implemented by the Punong Barangay, the law enforcer, the Local Social Welfare and Development Officer or other members of the Local Council for the Protection of Children.

When the imposable penalty for the crime allegedly committed exceeds six years imprisonment, the court which acquires jurisdiction over the case shall conduct the appropriate diversion programs, as mandated under RA 9344.

Under the Napolcom’s CICL manual, police officers are required to refrain from using handcuffs on CICL, unless “absolutely necessary.”

The manual states, among other guidelines, that police officers should read to CICL their rights under the Miranda doctrine and explain to them that they are considered “persons in custody” while they have not yet been turned over to the proper authorities.

Police officers, according to the manual, should also encourage CICL to address them as “kuya” or “ate” and to immediately introduce themselves and present their IDs when making apprehensions

Napolcom vice chairman Eduardo Escueta said the manual codifies the guidelines and details the step-by-step procedures in the proper handling of children by the police.

The manual also states that minors should be immediately turned over by apprehending policemen to the WCPD or to the designated CICL investigator, upon reaching the police station. –Daily Tribune