ROLE OF POLICE ON THE
MANAGEMENT OF CASES OF CHILDREN
IN CONFLICT WITH THE LAW
By: PCMS MARIA PAZ P. CONAG
INITIAL CONTACT WITH THE CHILD
1. First the WCPD and other law enforcement
officers are the persons who shall have initial
contact of the child.
2. During the initial contact or apprehension, the
WCPD should exercise due diligence and
sensitivity in attending to a child who commits
an offense or violates law
3. If the child’s offense is light, the responding officer
should:
a. Give the child friendly “payo” or a simple warning
not to repeat the act/s she/he has committed;
b. Call the unoffending parents or guardians for their
proper intervention in the treatment of the child;
or
c. Refer the child directly to social worker or
barangay for proper disposition.
4. If the child’s offense is less serious or serious, with
or without victims, the responding officer should:
a. Take the child into police custody;
b. Refer the child to the Women and Children’s
Protection Desk (WCPD) officer or other qualified
investigator of CICL cases for proper disposition;
and
c. Exhaust all possible means to locate and notify the
child’s parents/guardians as well as the social
worker for the case management of the child, in
cooperation with the investigating officer.
Rescuing Children who are at Risk of
Becoming CICL
In rescuing CAR, the WCPD shall follow the protocol in rescuing a child
victim. The WCPD Officer shall immediately meet with the social worker
to plan the rescue and determine the action necessary to protect the child.
The planning and conduct of rescue operations shall proceed as follows:
a. The WCPD Officer shall immediately verify the matter and gather
more information.
b. The WCPD Officer shall contact the DSWD/LSWDO, other units of the
PNP (if necessary) and the concerned barangay officials to map out the
rescue operations, identify tasks and responsibilities, and identify
support agencies or services.
c. Confidential information may be shared only with those directly
involved in the planning and conduct of the rescue operation.
d. The WCPD Officer shall lead the rescue operation. The social worker,
at a safe distance, shall take custody of the child victim.
Rescuing CAR who Violate Ordinance or
Commit Decriminalized Acts
If the child, the responding officer shall immediately rescue the child and
shall undertake the following;
a. Give the child a friendly advice or “payo” or a simple warning not to
repeat the act/s she/he has committed;
b. Immediately notify the parents or guardians for their proper
intervention in the treatment of the child;
c. Immediately transfer the physical custody of the child directly to the
barangay of residence for proper disposition
d. If the child is a resident of another municipality or city, turnover the
CAR to the LSWDO of the place where the offense was committed.
e. Whenever a case is referred to the Barangay or the LSWDO and
documents need to be submitted, the WCPD Officer shall submit the
records of the case in a sealed envelope with the “CAR CASE” written
conspicuously on the upper right-hand corner of the face of the
envelope with appropriate receipts for the documents.
POLICE OFFICERS ARE PROHIBITED
FROM:
Locking up the child in a detention cell
Searching a child of the opposite sex
Allowing the child to have contact with adult offenders
Using offensive, vulgar or profane words against the child
or any of the parties involved
Committing sexual advances on the child
Committing torture, and inflicting punishment and other
forms of violence and abuse of the child
Displaying or using any firearm, weapon, handcuffs or
other instruments of force or restraint, unless absolutely
necessary and only after all other methods of control have
been exhausted and have failed.
What if the CICL is a repeat offender or a
“recidivist”?
The police should refer the case either to the
social worker who will determine whether or
not the child is being neglected or to the
prosecutor who will determine the next stage of
intervention because of the child’s repeat
offenses.
The police may also consult with the prosecutor
on the propriety of giving the child another
chance without prejudice to the legal action that
maybe taken by the aggrieved party/ies.
Maraming
Salamat Po!
LIGHT OFFENSE
1. Children who violate the ordinances enacted by local governments
such as:
a. curfew violations
b. truancy
c. parental disobedience
d. anti-smoking and anti-drinking laws
e. criminal nuisance
f. vandalism
g. gambling
h. mendicancy
i. littering
j. public urination
k. trespassing
2. Theft
3. Light Threats
4. Physical Injuries
LESS SERIOUS/SERIOUS OFFENSE
Theft
Rape
Less serious/serious Physical Injuries
Carnapping
Less Serious/Grave threats
Murder
Involve in illegal Drugs
Quarrying
