RA 9344: In the Event of Commission of A CRIME

RESTORATIVE JUSTICE

RESTORATIVE JUSTICE

Ang Kaluluwa ng RA 9344

Restorative Justice Retributive Justice

PANANAGUTAN PARUSA >

Krimen Parusa

PagbabagoPananagutan

RESTORATIVE JUSTICE

Panibagong pananawKinikilala na masama ang krimen at ito

ay nakakasakit ng tao at pamayananIsinusulong ang pananaw na ang

katarungan ay hindi lang dapat nagpaparusa kundi dapat ayusin at gamutin ang sugat na dulot ng krimen; at

Kailangang aktibo ang mga partido sa pag-ayos ng nasirang mga relasyon.>>

RESTORATIVE JUSTICE

Binibigyan ng pagkakataon ang BIKTIMA, ang may KASALANAN at ang PAMAYANAN na ayusin ang mga epekto ng krimen.

Sila ang nagiging bida, ang PAMAHALAAN ay “facilitator” lamang.

NO JAIL POLICY

Hangga’t maaari, hindi pwedeng ikulong ang mga Bata simula sa siya ay mahuli hanggang sa siya ay masentensyahan.

Sya ay dadalhin sa pangangalaga ng LSWD Bago magsimula ang kaso Habang may Kaso Pag siya ay nahatulan

Suspended Sentence / Appropriate Disposition Measure

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NO HANDCUFF POLICY

Hangga’t maaari, hindi pwedeng posasan ang mga Bata Maliban na lamang kung TALAGANG

KINAKAILANGAN. Kung pinosasan ang bata, kailangan:

Sana hindi makita ng ibang tao na siya ay nakaposas;

Nakalagay sa blotter na ginamitan ng posas ang bata pati na rin ang mga rason kung baki.t>

CHILD SENSITIVE PROCEEDINGS

Palaging ikokonsedera ang Kapakanan ng BataSa PAGHULISa PAG IMBESTIGASa PAGLILITISAt sa LAHAT NG PROSESO>

KRIMINAL NA PANANAGUTAN

15 anyos pababa: Walang Kriminal na Pananagutan Kailangang Sumailalim sa INTERVENTION

PROGRAM May Sibil na Pananagutan ang Magulang

INTERVENTION PROGRAM

Iba’t ibang mga programa at gawain para matugunan ang sanhi ng Juvenile Delinquency Counselling, Community Service, Livelihood

Training, Alternative Learning System, atbp. Goal: Baguhin ang Bata at gawing kapaki-

pakinabang Binibigay sa mga batang WALANG KRIMINAL

NA PANANAGUTAN Binibigay ng LSWD Maaaring Ipatupad sa Barangay

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KRIMINAL NA PANANAGUTAN

Lagpas 15 – Mababa sa 18: Walang Kriminal na Pananagutan

MALIBAN kung may DISCERNMENT Kailangang Sumailalim sa INTERVENTION

PROGRAM May Sibil na Pananagutan ang Magulang

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DIVERSION PROGRAM

Alternatibong pamamaraan/programa para maresolba ang isang KRIMEN na hindi na pinapadaan sa KORTE.

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Diversion

COMMUNITY

ENFORCEMENT

PROSECUTION

COURTS

CORRECTION

FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM

CRIMEREINTEGRATION

Diversion

COMMUNITY

ENFORCEMENT

PROSECUTION

COURTS

CORRECTION

FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM

DIVERSION

CRIMEREINTEGRATION

Diversion

COMMUNITY

ENFORCEMENT

PROSECUTION

COURTS

CORRECTION

FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM

DIVERSION

CRIMEREINTEGRATION

Diversion

COMMUNITY

ENFORCEMENT

PROSECUTION

COURTS

CORRECTION

FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM

DIVERSION

CRIMEREINTEGRATION

Diversion

COMMUNITY

ENFORCEMENT

PROSECUTION

COURTS

CORRECTION

FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM

DIVERSION

CRIMEREINTEGRATION

Requisites for Diversion Proceedings

Child is more than 15 yrs. Old CICL acted with discernment the offense has a penalty of not more than 6

years imprisonment

When conducted by the Police

Kung hindi matagumpay ang diversion sa Barangay at sa tingin ng LSWDO ay magagawa ito ng Pulis.

Matapos mahuli at imbestigahan ng bata, at sa tingin ng LSWDO ay mas epektibo na ang pulis ang magsagawa ng diversion.

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Paano isasagawa

Isasagawa ito ng PulisSa TULONG ng LSWDO.

Hindi pwede na gumawa ng diversion ang pulis kung walang LSWDO.

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Nature of Proceedings

mediation, family conferencing and conciliation and, where appropriate, adopt indigenous

modes of conflict resolution Purpose: accomplish the objectives of

restorative justice and the formulation of a diversion program.

 Nature of Proceedings

Dapat nandoon ang bata,ang kanyang magulang.

Ang biktima

DIVERSION PROGRAM

Ano ang nararapat para matugunan ang sanhi ng paggawa ng krimen ng bata.

Requisites for a Diversion Contract

The CICL voluntarily admits to the commission of the offense charged and he agreed to undergo diversion

Parties agree to the diversion program formulated

The agreement shall be placed in writing which will be known as the contract of diversion

The LSWD officer shall supervise the implementation of the Contract

Custody pending Diversion

Custody shall be given to the parents, guardians, relatives or any other responsible person in the community, taking into consideration the best interest of the child in conflict with the law.

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Monitoring and Supervision

LSWDO shall supervise conduct of Diversion

Shall monitor compliance with the Diversion Contract.

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Failure of Diversion

forward the records of the case to the prosecutor or judge

The case records shall be forwarded within three (3) days from determination of absence of jurisdiction or termination of the diversion proceedings as above stated.

Failure to Comply

Should be certified by the LSWDO

Failure to comply with the contract gives the right to file the case to the offended party

Any admission made by the accused in the diversion contract cannot be used against him in subsequent judicial proceedings

Duties of PNP

Develop a manual Conduct special training to its personnel

Duties of PNP

Ensure that all police stations in the country have:  An area where the children taken into custody are

kept separate from adult offenders; A separate logbook of all children taken into custody; Personnel who are trained to specially deal with

children in conflict with the law; and Have a list of all the persons/agencies that may take

custody of the child in conflict with the law in the event the child has no parent/guardian/relative to assume such custody;

Duties of PNP

Establish a uniform system of:  Reporting Maintaining the confidentiality of the records

of children in conflict with the law and protecting the identity of these children;

 Compile statistical data

Duties of PNP

Ensure that all police units in the country establish and maintain close coordination and cooperation with the LCPCs and the LSWDOs in their areas of jurisdiction;

FLOWCHART

FLOWCHART

crimeChild is taken into custody

HOW TO TAKE CUSTODY OF THE CHILD?

The Tanod should identify himselfExplain to the child

Constitutional rights Why is he being arrested Nature of the offense

Physical/Mental ExamNotify LSWDNotify the PARENTSRecord Everything in a Separate blotter

FLOWCHART

crimeChild is taken into custody

Police conducts initial investigation

Police determines Age of CICL

INITIAL INVESTIGATION

WCPD conducts initial investigation in the presence ofChild’s lawyer / PAO;Child’s parents, guardian, or nearest

relative, as the case may be; andLSWDO.

IF NO PARENTS AND LSWDO representative of an NGO or faith-based

group, or a member of the BCPC.

TAKING STATEMENT

The investigation shall be child friendly and non-intimidating.

 separate interview room to make the child feel comfortable and free to express him/herself.

use simple and understandable language in taking the statement of the child during the initial investigation.

TAKING STATEMENT

allow the LSWDO to actively assist in conducting the initial investigation.

 Confidentiality and PrivacyThe written statement shall reflect the

language used by the child and not the language used by the law enforcement officer.

TAKING STATEMENT

conducted in the best interest of the child and in a manner which allows the child to participate and to express him/herself freely.

SIGNING STATEMENT

Signed/ thumbmarked by childWitnessed by parents/guardians

WHAT TO REPORT

Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;

That the parents or guardian of a child, the DSWD or the LSWDO, and the PAO have been duly informed of the apprehension and the details thereof;

The exhaustion of measures to determine the age of a child; The basis for the determination of the age of the child; The precise details of the physical and medical examination

or the failure to submit a child to such examination; To whom the child was released and the basis for the

release; and  Where the case shall be referred.

FLOWCHART

crimeChild is taken into custody

Turnover Custody of child to parents

Police conducts initial investigation

LSWD asseses if there is discernment

Discernment?

More than 15?

Police determines Age of CICL

LSWD determines INTERVENTION PROGRAM

Turnover Custody of child to LSWD

no

yesno

FLOWCHART

LSWD determines INTERVENTION PROGRAM

noSuccessful?

Reintegration

yes

Offers to parent institutional programs

Parents agree

LSWD files petition for involuntary commitment

Commitment to a Rehabilitation Center

yes

no

FLOWCHART

crime Child is taken into custody

Turnover Custody of child to parents

Police conducts initial investigation

LSWD asseses if there is discernment

Discernment?

More than 15?

Police determines Age of CICL

LSWD determines INTERVENTION PROGRAM

Turnover Custody of child to LSWD

no

yesno

FLOWCHART

Discernment? More than 6 yrs?

yes

Diversion proceedings

yes

yes

no trial

Successful?

no

Reintegration

Rehabilitation while on suspended sentence

Prohibited Acts

 Labeling and Shaming  refrain from branding or labeling children as

young criminals, juvenile delinquents, deviants, prostitutes, vagrants or other similar derogatory and attaching to them in any manner any other derogatory names.

Prohibited Acts

Acts of discrimination  no discriminatory remarks and practices

shall be allowed particularly with respect to the child’s class, including but not limited to gender, economic or social status, and physical condition, or ethnic origin.

Prohibited Acts

Acts prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the child in conflict with the lawEmployment of threats of whatever kind and

nature;Employment of abusive, coercive and

punitive measures such as cursing, beating, stripping, and solitary confinement;

Prohibited Acts

Employment of degrading, inhuman and cruel forms of punishment such as

shaving the heads, pouring irritating, corrosive or harmful substances over the body of

the child in conflict with the law, or forcing him/her to walk around the community

wearing signs which embarrass, humiliate, and degrade his/her personality and dignity; and

Prohibited Acts

Compelling the child to perform involuntary servitude in any and all forms under any and all instances.

Prohibited Acts

Violation of Confidentiality Disclosure to the media of records, including

photographs, of children in conflict with the law;Failure to maintain a separate police

blotter for cases involving children in conflict with the law; and

Failure to adopt a system of coding to conceal material information which will lead to the child’s identity.

Prohibited Acts when CICL in Custody

Detention in Lock-ups Detention provincial, city or municipal jail even if

there are quarters separate from adult detainees.

If detained, Not detaining in separate quarters. Search by an officer of the opposite sex using vulgar or profane words and from sexually

harassing or abusing, or making sexual advances on the child in conflict with the law.

Prohibited Acts when CICL in Custody

sexually harassing or abusing, or making sexual advances on the child in conflict with the law.

 subjecting the child in conflict with the law to greater restraint than is necessary for apprehension.

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.

using of violence or unnecessary force on the child in conflict with the law.

PENAL PROVISIONS

Violation of the Provisions of this Act or Rules or Regulations in General. –be punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or

suffer imprisonment of not less than eight (8) years but not more than ten (10) years,

unless a higher penalty is provided for in the Revised Penal Code or special laws.

If the offender is a public officer or employee, be held administratively liable and shall suffer the penalty of perpetual absolute disqualification.

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MARAMING SALAMAT PO!!!

ROMMEL ALIM ABITRIAHumanitarian Legal Assistance Foundation2209 Medical Plaza Ortigas25 San Miguel Ave., Ortigas Center,Pasig City

Telefax: 634 8720Email: rommel.abitria@hlafphil.orgWebsite: http://hlafphil.org