Puno Urges LGUs to Undertake Greater Role in Protecting Children in Conflict with the Law

October 18, 2009

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 that 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,” Puno said. “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.”

The Napolcom, under Puno’s chairmanship, recently launched its manual for members of the Philippine National Police (PNP) 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 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.

Puno said that 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 nongovernment 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.  A “Child” refers to a person below eighteen (18) years of age.

This law states that although a child who is fifteen (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 (6) years’ imprisonment (which includes status offenses and victimless 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 (LSWDO) or other members of the Local Council for the Protection of Children (LCPC).

When the imposable penalty for the crime allegedly committed exceeds six (6) 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.