CICL Rules in Relation to RA 9344Ms. Charlene L. AgritoBS CRIM, MS CRIM

Republic Act 9344:Juvenile Justice Welfare Act of 2006Effectivity: May 20, 2006IRR: September 19, 2006

Rule on Juveniles in Conflict with the Law became effective on April 15, 2002

INITIAL CONTACTRefers to the apprehension or taking into custody of a CICL by law enforcement officers or private citizensIncludes the time when CICL receives a subpoena or summons from the prosecutors office

A private citizen who has taken into custody or apprehended a CICL must immediately refer the child to the law enforcement officer for proper investigation

PROCEDUREFOR TAKING A CICL INTO CUSTODY:Identify him/herself as a law enforcer to the CICL (present proper identification)Immediately notify childs parents/guardians, LSWDO, PAO of childs apprehension not later than 8 hours

ProcedureExplain the ff: (in a language understood by him)Reason for apprehensionCrime allegedly committedConstitutional rightsDetermine immediately the age of the childTake the child immediately for a thorough physical and mental examination

ProcedureTurn over custody of the child to the LSWDO or accredited NGO immediately but not later than 8 hours If child is below age of criminal responsibility, immediately release the child to his/her parentsThe turnover of children below the age of criminal responsibility to parents notwithstanding, the law enforcement officer shall proceed with the initial investigation, where appropriate.A CICL shall only be searched by a law enforcement officer of the same gender

INITIAL INVESTIGATIONthe stage after initial contact when the law enforcement officer takes the statement of the CICL.To be conducted by a law enforcement officer from the Women and Children Protection Desk

Initial InvestigationChilds statement during investigation, conducted in the presence of counsel of choice or PAO lawyer, parents/guardian/nearest relative, LSWDO.

In the absence of parents/guardian/nearest relative & LSWDO, investigation in the presence of an NGO rep. Or faith-based group or a member of the BCPC

HOW CICLS STATEMENT TAKENFriendly & non-intimidating manner

In a separate interview roomTo make child feel comfortable and freely express himself

Use of simple and understandable language

Initial InvestigationAllow the LSWDO, or the persons taking his/her place as above enumerated, to actively assist in conducting the initial investigation.

Ensure privacy to avoid unnecessary interruptions, distractions and/or participation from non-parties that could humiliate or make the child uncomfortable.

Initial InvestigationThe written statement to be prepared shall reflect the language used by the child and not the language used by the law enforcement officer.

SIGNING OF STATEMENTSall statements signed or thumbmarked by the child during investigation

shall be witnessed by the childs parents or guardian, the LSWDO, or if not present, any other social worker, or counsel in attendance, who shall affix his/her signature to the said statement.

After signing...Afterwards, refer the child who is above fifteen (15) years of age but below eighteen (18) years of age to the LSWDO for an assessment if the child acted with discernment

After signingTransmit the following records of the child to the LSWDO:Written statement of the child;Other pertinent records such as the documents showing the basis for the determination of the age of the child;Medical report if available; andAll other records that may assist the LSWDO in making an assessment if the child acted with discernment.

DISCERNMENTBy the LSWDO at initial investigation by law enforcement By Court who shall make a final determinationTo be proven by the prosecution

On DiscernmentThe LSWDO shall, as part of the initial investigation, assess if the child acted with discernment and make the necessary recommendation to the law enforcement officer on the basis of said assessment.The law enforcement officer shall consider the assessment made by the LSWDO in preparing the report of the initial investigation and in deciding where to refer the case of the child.

DETERMINATION OF AGE Presumption of Minority/ has rights of CICL until proven 18 years old or olderBirth certificate, baptismal certificate, other pertinent documents (school records)In the absence: Information from child, physical appearance, testimonies of other persons or other relevant evidence

REPORT ON INITIAL INVESTIGATIONRecord the ff: Use of handcuffs, Instruments of restraint / Notice to Parents, DSWD, PAO / Measures taken to determine age / Ensure statements signed by child witnessed by Parents, Guardian, Social Worker, or Legal Counsel / Search on child conducted by officer of same gender

WHERE THE CASE SHALL BE REFERREDThe LSWDO for intervention if the child is Fifteen (15) years old or below; orAbove 15 but below 18 years of age and acted without discernment.Diversion under the: Law enforcement officer LSWDO The prosecutor or judge

TURNOVER OF CUSTODYWithin eight (8) hours from apprehension Turn over the physical custody of the child to the LSWDO even if all measures to determine the age of the child has not been exhausted even if the initial investigation has not yet been terminated.

On TurnoverThe LSWDO shall then explain to the child and the childs parents/guardians the consequences of the childs act with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate

On TurnoverIn the event a child whose custody is turned over by the law enforcement officer is fifteen (15) years old or below, the LSWDO shall take all measures to release the child to the parents or guardians, or to any of the persons or organizations and proceed with the development of appropriate programs

PENDING TURNOVER OF CUSTODYas in cases when the child is apprehended at night time or during weekendsensure that the child shall be temporarily secured in an area separate from that of the opposite sex and adult offenders and not put in the detention cell or jail

MAINTAIN CONFIDENTIALITY AND PRIVACYUse a system of coding Maintain a separate logbook for CICLExclude the public, particularly the media, from the area where the child is being held in custody Not provide any detail or information to the public, particularly the media, that shall lead to the identity of the child;

On ConfidentialityKeep the results of the medical examination confidential; andMark the records of the child and the report on the initial investigation as confidential.

PROHIBITED ACTS WHEN IN CUSTODY OF CHILDDetentionSearch by an officer of the opposite sexContact with adult offenders and offenders of opposite sexVulgar languageDisplay and use of instruments of force or restraintViolence or unnecessary force

INTERVENTION PROGRAMA series of activities designed to address issues that caused the child to commit an offenseThe JJWC shall develop a 3 to 5-year National Intervention PrograThe LGUs shall develop a 3-year Local Intervention Program

WHO SHALL UNDERGO INTERVENTION?Children who are exempt from Criminal Responsibility15 years old and belowAbove 15 but less than 18 yrs. old who acted without discernmentThose who committed status offenses

Not exempt from civil liability which is borne by parents

ProcedureBelow 15 taken into custody, Authority with initial contact to a child below 15 years old must immediately release him/her to parents, BCPC, LSWDO With Notice to LSWDO to determine appropriate programs with child, parents if D-A-N (dysfunctional family, abandoned, neglected), Child does not comply with intervention, LSWDO files for Involuntary Commitment

DIVERSIONAn alternative, child-appropriate process of determining the responsibility and treatment of a CICLBased on his/her social, cultural, economic, psychological or educational backgroundWITHOUT resorting to formal court proceedings

WHO UNDERGOES DIVERSION?CICL above fifteen (15) years but below eighteen (18) years of age who acted with discernmentChildren who are 15 years old and below who allegedly committed an offenseDiversion is the same a Tertiary Intervention

VENUES OF DIVERSIONBarangay, Police, Prosecutor LevelIf offense has imposable penalty of not more than six (6) years of imprisonment CourtIf the imposable penalty of more than six (6) years of imprisonment

KATARUNGAN PAMBARANGAY LEVELConducted by the Lupon Tagapamayapa, chaired by the Punong Barangay, with the assistance of the members of the BCPC

Punong Barangay shall conduct mediation / family conferencing / conciliation / adopt indigenous modes of conflict resolution

Barangay LevelAbsence of the offended party or his/her disagreement in its conduct shall not prevent the proceedings from being conducted.

The Punong Barangay shall, however, endeavor to obtain the participation and the consent of the offended party in the formulation of the diversion program.

Barangay LevelObjectives: restorative justice / formulation of a diversion program

Child and his/her family shall be present in the conduct of these diversion proceedings

Offended party may participate in the diversion proceedings

Contract of Diversion

Child voluntarily admits commission of the act

Victim and offender must both agree to diversion

Diversion Program

must be in writing signed by parties & concerned authoritiesLocal Social Welfare Officer implements/supervises the Diversion ProgramDiversion proceedings to be completed in 45 days

On Diversion Program

Child must present himself/herself at least once a month for reporting & evaluation

Failure to comply w/ the terms and conditions of DP as certified by the LSWDO, victim has the option to institute appropriate legal action

Formulation of the Diversion ProgramAn individualized treatmentConsider the following factors:Childs feelings of remorse for the offense he/she committedParents or legal guardians ability to guide and supervise the childVictims view about the propriety of the measures to be imposed, andAvailability of community-based programs for rehabilitation and reintegration of the child

Kinds of Diversion ProgramLevel of Punong BarangayRestitution of propertyReparation of the damage causedIndemnification for consequential damagesWritten or oral apologyCare, guidance and supervision ordersCounseling for the CICL and the childs familyAttendance in trainings, seminar and lectures on: anger management skills, problem solving and/or conflict resolution skills, values formation, other skills in dealing w/ situations which can lead to repetition

Barangay LevelParticipation in available community-based programs including community serviceParticipation in education, vocation and life skills programs

LAW ENFORCEMENT & PROSECUTION LEVEL

Law Enforcement Officer & Prosecutor:Diversion programs previously specifiedConfiscation and forfeiture of the proceeds or instruments of the crime

COURT LEVELCourtDiversion programs previously specifiedWritten or oral reprimand or citationFine Payment of cost of the proceedingsInstitutional care and custody

Conditions for DiversionChildrens rights and legal safeguards in general must always be fully respectedVictims and offenders must both agree to diversionThe case must be referred to a normal court system if no solution acceptable to all parties can be reached

Potential RisksRisks are related to the childs right to due process and fair trial

Child might be pressured into owning up to the offense at the expense of his/her right to remain silent

Benefits of DiversionCICL is able to avoid the stigma and label associated with a criminal recordThrough diversion, a child may gain insight into the consequences of his/her actions and take responsibility for themDiversion programs offer the youth opportunities to develop important social skills

Families are able to strengthen relationships with the youth through improved communication skillsCourt system reduced case loads and increased efficiency and lowered costsCommunities benefit as young people understand their role in the community and develop positive attitudesMany non-formal justice options are cheaper than court procedures; imprisonment is costly

PROSECUTIONSpecially Trained for Inquest, preliminary investigation / Prosecution / Notify PAO / Clarificatory Questions Necessary / Determine if CICL remains in custody and Probable cause file Information with the FC within 45 days from start of PI

Preliminary Investigation:Prosecutor Investigates Torture, ILLtreatmentPreliminary Investigation conducted: If child does not qualify for diversion / child parents do not agree to Diversion / Prosecutor determines Diversion not appropriate considering assessment, recommendation of SW

COURT PROCEEDINGSApply privileged mitigating circumstance of Minority to fix, Reduce BailIf child detained: ROR, Bail, Transfer to Youth Home, Rehabilitation Center / Institutionalization Last Resort, for Shortest Period / No detention of child in jail pending trial

WHEN CICL FOUND GUILTYDetermine Civil LiabilityInstead of pronouncing judgment of conviction, automatic suspension of sentence full credit of time in detention, actual confinement / other disposition measures under SC Rule on JICL

DISCHARGEOn recommendation of SW with custody of Child,Court dismisses Case, Orders Final Discharge of CICL if Objectives of disposition measures fulfilledDischarge not affect civil liability enforced in accordance with law

CONFIDENTIALITY OF RECORDS, PROCEEDINGSNon-disclosure of records to media / separate police blotter / coding to conceal identity / non-use of records in other proceedings except beneficial to CICL with written consent / no liability of child for perjury not disclosing being CICL

RehabilitationCommunity-based, Center-based Court Order, hearing required for admissionGender Sensitivity Training for Personnel

Separate Facilities from AdultsCompetency, Life Skills Development / socio-cultural, Recreational Activities / Community Volunteer Projects / Leadership TrainingSpecial Attention for female CICL (All-Female Team) Separate from maleSocial, Home Life, Health Services / Spiritual Enrichment / Community, Family Welfare Services

Return to Court for Execution of JudgmentFor failure to comply with disposition, rehabilitation conditionsCICL reached 18 under suspended sentence: Court orders discharge, execute sentence, extend rehabilitation until maximum of 21 years old

CENTERS (24-HOUR GROUP CARE)Youth Rehabilitation / Training Centers (must have registers) established by DSWD Youth Detention Homes by LGUs or Licensed, Accredited NGOsSharing of Costs (1/3 Municipal Provincial National) For Care, Maintenance of CICL

COMMUNITY-BASED PROGRAMS (DIRECT SERVICE)

Prevents Disruption of education, separation of child from familyFacilitates Rehabilitation and ReintegrationTo minimize stigma to childEach LGU to establish program

AFTERCARECICLs whose cases were dismissed due to good behavior as recommended by SWDischarge from rehabilitation centerProvided aftercare for at least 6 months by LSWDO

JURISPRUDENCEAutomatic Suspension of service of sentence does not apply when penalty is reclusion perpetua, life imprisonment or death (Declarador v. Hon. Gubaton, GR No. 159208, 18 Aug. 2006)

Person whose penalty of death reduced to Reclusion Perpetua under RA 9346 is still liable for P75T civil indemnity but is not Eligible for Parole under the Indeterminate Sentence Law (Pp. vs. Salome, G.R. No. 169077, 31 August 2006)

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