NAPOLCOM Launches PNP Manual on Dealing with Juvenile Offenders

September 20, 2009

The National Police Commission (Napolcom)  has formally launched its manual for members of the Philippine National Police (PNP) to guide them on how to deal with children in conflict with the law (CICL) as spelled out in the the Juvenile Justice and Welfare Act.

Under the PNP manual, police officers are required to refrain from using handcuffs on juvenile offenders—now called CICL under Republic Act 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006—unless “absolutely necessary.” 

RA 9344 defines a CICL as a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.  A “Child” refers to a person below eighteen (18) years of age.
 
The manual, titled “Police Manual on the Management of Cases of Children in conflict with the Law,” was crafted by the Napolcom under the chairmanship of Secretary Ronnie Puno of the Department of the Interior and Local Government (DILG).

On Puno’s watch as Napolcom chairman, a total of 1,830 WCPDs have already been established in all 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.
 
“Of the different sectors of children in our society today, Children in Conflict with the Law (CICL) had been the subject of much discussion and problem-solving of what the government and the private sector must do to alleviate their plight,” Puno said in his message to users of the CICL Manual.

Noted Puno: “What concerns us is the increasing involvement of younger children in youth crime, violence and deviant behavior.  This is not only true in urban localities but also in rural areas where the influence of media, communications and technology have been felt all the more.”
 
The Manual states 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 aims to “endeavor each and every police officer [to]  fully understand her/his role in developing children into good persons and citizens.” 

“This is the reason behind the development of this Manual that codifies the guidelines and details the step-by-step procedures in the proper handling of children by the police,” Escueta added.

The Manual also states that every minor should be immediately turned over by the apprehending policeman  to the  PNP’s WCPD or to the designated CICL investigator upon reaching the police station.

The CICL Manual also calls on police officers to refrain from exposing CICL in the media, and to stop the practice of placing them inside jail cells while in detention.

In compliance with the provisions of RA 9344, Puno said that in the absence of any parent, guardian or  relative of the CICL or a Local Social Welfare and Development Officer (LSWDO), the PNP  should call on any representative of a nongovernment organization, a faith-based group or the barangay-level  Local Council  for the Protection of Children to be present during police interviews.

The LSWDO or any officer of the Department of Social Welfare and Development should be immediately contacted by the PNP to facilitate the turnover of the apprehended CICL  to their custody.

Under the Child Abuse Law (RA 7610), a person above eighteen (18) years of age but unable to fully take care of herself/himself, or protect herself/himself from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition is also considered a child.
 
RA 9344 provides that children fifteen (15) years and under at the time of the commission of the offense are exempt from criminal liability Children above fifteen (15) years but below eighteen (18) years of age, at the time of the commission of the offense, are also exempt from criminal liability unless they acted with discernment.