CHILDREN 15 YEARS OLD AND BELOW

START

▪ Be present in the initial investigation

Child commits
a crime ▪ Assist the law enforcement officer in
determining the age of the child

LEO takes
custody of the
Child*

* a. LEO identifies himself d. LEO within 8 hrs after apprehension, notifies:

b. LEO explains to Child: 1. Parents/Guardian
1. reasons for arrest 2. LSWDO
2. nature of offense 3. PAO
3. constitutional rights e. LEO takes the Child to mental and Health office for Physical
c. LEO determines age of child and mental examination
 15 YEARS OLD AND BELOW

START
Is Is the
Parent/ YES safety
YES
Guardia of the Encourage temporary
Child commits n Child Custody
a crime Availabl in
e? danger?
NO
LEO takes LEO refers
custody of the LSWDO files Petition
Child to: For Involuntary
Child* ** a,b,c,d,e,f Commitment

a. Duly Registered Non-

Government Organization
b. Faith Based Organization
c. Barangay Official
Child is committed to
d. A member of the BCPC
Youth Home, Rehab
e. An LSWDO Take custody of the
NGO, Gov't Facility
f. DSWD child who is found to be
fifteen (15) years of
age or below
Child undergoes
Intervention
Program
15 YEARS OLD AND BELOW

STAR
T Is Is the
Parent/ safety
YES YES
Guardia of the Encourage temporary
Child commits n Child Custody
a crime Availabl in
e? danger?
NO NO
LEO takes LEO refers LEO releases LSWDO files Petition
custody of the Child to: the Child to For Involuntary
Child* ** a,b,c,d,e,f Parents/Guardian Commitment

Is Child
neglect
ed, YES
abando Child is committed to
ned, Youth Home, Rehab
abused NGO, Gov't Facility
?
NO

Child is reintegrated Child undergoes

END to Family & Intervention
Community Program

Monitor the activities

of the child
 CHILDREN ABOVE 15 YEARS OLD WITHOUT DISCERNMENT

START

Child commits
a crime

LEO takes
custody of the
Child*

LEO turns over the

child to LSWDO
within 8 hrs. after
apprehension

LSWDO submits to
LEO initial
determination of
Discernment
WITHOUT DISCERNMENT

START
Is Is the
Parent/ safety
YES YES
Guardia of the Encourage temporary
Child commits n Child Custody
a crime Availabl in
e? danger?

LEO takes NO NO
custody of the LSWDO files Petition
Child* LEO refers LEO releases For Involuntary
Child to: the Child to Commitment
** a,b,c,d,e,f Parents/Guardian
LEO turns over the
child to LSWDO
within 8 hrs. after
apprehension Is Child Child is committed to
neglect Youth Home, Rehab
ed, YES NGO, Gov't Facility
LSWDO submits to abando
LEO initial ned,
determination of abused
Discernment ?
NO

Child is reintegrated Child undergoes

END to Family & Intervention
Community Program
 CHILDREN ABOVE 15 YEARS OLD WITH DISCERNMENT

LEO turns over the LSWDO submits to

LEO takes
STAR Child commits child to LSWDO LEO initial
custody of the
T a crime
Child*
within 8 hrs. after determination of
apprehension Discernment

Is
imposa
LEO refers case
YES ble
to Prosecutor for
penalty
preliminary
more
Investigation
than 6
years?
LSWDO certifies NO
the failure of
Diversion conducted
diversion
Child is YES Diversio by LEO,
reintegrated n Katarungang
END success Pambarangay or
to family &
community ful? Social Worker
(Victimless)
NO
● Assist in the conduct of the
diversion proceedings
Refer case to ● Assist in the formulation of the
Prosecutor for diversion program
preliminary ● Sign and/or witness the diversion
Investigation contract
● Assist in the supervision of the
diversion program
 IMPOSABLE PENALTY FOR THE CRIME COMMITTED
IS MORE THAN 12 YEARS IMPRISONMENT

LEO turns over

LEO takes
Child commits a child to LSWDO
START custody
crime w/in 8 hrs. after
of the Child *
apprehension

LSWDO submits
to LEO initial
determination
of Discernment

LEO refers case

Case filed to Prosecutor for
END in Court preliminary
Investigation
Members of the Barangay Council for the Protection of Children
(BCPC): (Rule 15.e. of the IIR of RA 9344)

• Encourage the proper performance of the duties of parents, and

provide learning opportunities on the adequate rearing of children and
on positive parent-child relationship;

• Assist parents, whenever necessary in securing expert guidance

counseling from the proper governmental or private welfare agency;

• Hold classes, seminars on the proper rearing of children. It shall

distribute to parents available literature and other information on child
guidance. The council shall assist parents, with –behavioral problems
whenever necessary, in securing expert guidance counseling from the
proper governmental or private welfare agency;

• Coordinate the activities of organizations devoted to the welfare of

children in coordination with the Sanguniang Kabataan and source their
cooperation; and

• Take steps to prevent juvenile delinquency and assist parent of

children with behavioral problems so that the can get expert advise.
Sanguniang Kabataan (SK)

 Coordinate with the LCPC in the formulation and

implementation of juvenile intervention and diversion programs
in the community;

 Initiate programs that complement the intervention and

diversion programs initiated by the LGUs through LCPCs as well
as those implemented by national agencies;

 Consult and coordinate with all youth organizations in the

barangay for the formulation of policies and implementation of
programs on juvenile intervention and diversion; and

 Assist in the monitoring of CICL’s performance of diversion

program.
Local Council for the Protection of Children (LCPC)
(Based on Rule 15.d., of the IRR of RA 9344)

● Coordinate with the Sangguniang Kabataan in the formulation

and implementation of juvenile intervention and diversion
programs in the community;

● Assist the Punong Barangay in conducting diversion

proceedings;

● Assist the LSWDO in the development of the appropriate

diversion program;

● Institute together with schools, youth organizations and other

concerned agencies the community-based programs on juvenile
justice and welfare initiated by LGUs;

● Conduct capability building programs to enhance knowledge

and skills in handling children’s programs;
Local Council for the Protection of Children (LCPC)

• Establish and maintain a database on children in the local

government. Specifically, the LCPC shall maintain a database of CICL,
which shall include the children who undergo interventions, diversion
and rehabilitation programs and after-care support services;

• Document best practices on juvenile intervention and prevention;

• Advocate and recommend local legislations promoting child survival,

protection, participation and development, especially on the quality of
television shows and media prints and coverage, which are
detrimental to children, and with appropriate funding support;

• Conduct an inventory of all NGOs serving children in conflict with the

law and mobilize them as resources; and

• Review existing policies of units providing services to children in

conflict with the law, determine the barriers to access to these
services, and take the necessary action to improve access to these
services;