R. A. 9344

The Role of the PNP (Women & Children’s Desk) In response to the rising number of cases of violence against women and children, the Philippine National Police (PNP) by virtue of Presidential Memorandum from former President Fidel V. Ramos on March 1993, ordered the establishment of the PNP Women and Children’s Concerned Desk (WCCD), most commonly known as Women’s Desk, which primary goal is to help and give assistance to the victims of violence and to promote protection and welfare of Filipino women and children.

INITIAL CONTACT WITH THE CHILD DUTIES AND RESPONSIBILITIES OF Law Enforcement Agencies Initial Contact = refers to the apprehension or taking into custody of a child in conflict with the law by LEO or private citizens. LEO – Law Enforcement Officer

Rule 21. Procedure for taking Explain to the Child in simple language and in a dialect that he/she can understand why he/she is being place under custody and the offense that he/she allegedly committed Rule 21. Procedure for taking child into custody Immediately notify the child’s parents/guardians, the the local social welfare and development officer (LSWDO), and the PAO of child’s apprehension. The notification shall be made not later than eight (8) hours after apprehension. Properly identify him/herself and present proper identification to the child.

Rule 21. Procedure for taking Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her Rule 21. Procedure for taking child into custody Immediately start the determination of the age of the child in accordance with the guidelines provided Take the child immediately to the proper medical and health office for a thorough physical and mental examination.

Rule 22. Procedure for taking Turn over the custody of the child to the LSWDO or other accredited NGO immediately but not later eight hours after apprehension. Rule 22. Procedure for taking child into custody However, in cases where the child id found to be below the age of criminal responsibility as defined in sec.20. The LEO shall immediately release the child to his/her parents in accordance with the rule. A CICL shall only be searched by a law enforcement officer of the same gender as prescribed in Sec.21

Initial Investigation Rule 23 (a) Nature and Objective of the Investigation The Initial investigation is the stage after Initial Contact when the law enforcement officer takes the statement of the CICL. The LEO shall in conduct of initial investigation, Determine where the case involving the CICL should be referred.

Rule 23 (b) Who Conducts; Who are present As provided in Sec.22 of the Act, the LEO, Specifically from the Women’s Desk where present, Shall take the statement of the child during the initial investigation, which shall be conducted in The presence of the following:

Child’s counsel of choice or PAO Child’s parents, guardian, or nearest Relative as the case maybe LSWDO

Rule 23(c) How the Statement of the The investigation shall be child friendly and be conducted in a non-intimidating manner. Rule 23(c) How the Statement of the Is taken. The interview of the child shall be conducted in separate interview room to make the child feel comfortable and free to express him/herself. The LEO shall use simple and understandable language in taking the statement of the child during investigation.

Rule 23(c) How the Statement of the The LEO shall allow the LSWDO, or persons taking his/her place to assist in conducting the initial investigation. There should be enough privacy to avoid unnecessary interruptions, distractions and/or participation from non-parties that could humiliate or make the child uncomfortable. Rule 23(c) How the Statement of the Is taken. The written statement to be prepared shall reflect the language used by child and not the language used by the LEO.

Ensure that all statements signed or thumb marked by the child during Rule 23(d) Signing Statements. As provided in sec.21, the LEO conducting the initial investigation shall Ensure that all statements signed or thumb marked by the child during Investigation shall be witnessed by the child’s parents or guardian, the LSWDO or if not present, any other social worker or counsel in attendance Who shall affix his/her signature to the said statement.

Rule 23(e) after Taking statement of The CICL above 15 y/o but below 18 y/o. The Law Enforcement Organization shall refer the records of the child to the LSWDO for an assessment if the child acted with DISCERNMENT.

The LEO shall transmit the ff. Records of the child to LSWDO Written statement of the child Other pertinent doc. Showing the Basis for the determination of The age of child All other records that may assist The LSWDO in making an assessment If the child acted w/ discernment. Medical report, if available

Rule 23 (f) Report on Initial Investigation; whether handcuffs or other instruments of restraint where 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. Rule 23 (f) Report on Initial Investigation; What to Record? The exhaustion of measures to determine the age of the child. The basis for the determination of the age of child The precise details of the physical and medical examination or failure to submit a child to such examination.

Rule 23(c) How the Statement of the To whom the child was released and the basis for the release. Where the case shall be referred as provided. Rule 23(c) How the Statement of the Is taken.

Rule 24. Where the case shall be referred? LEA if the child is above 15 y/o, acted w/ discernment & committed an offense w/ Penalty of not more than (6) yrs imprisonment. Rule 24. Where the case shall be referred? The DLSWDO for intervention / Diversion Program Prosecutor/judge if the child is above 15 y/o, but below 18 y/o acted w/ discernment & committed an offense w/ Penalty of more than (6) yrs imprisonment.

Rule 28 (a) DETENTION PROHIBITED ACTS PROHIBITED ACTS

Officer of the opposite PROHIBITED ACTS Rule 28 (b) Search by an Officer of the opposite Sex Rule 28 (c) Contact with adult Offenders and offenders Of opposite sex Rule 28 (d) Vulgar Language

Rule 28 (f) Display and use PROHIBITED ACTS Rule 28 (e) Harassment and abuse Rule 28 (f) Display and use Of instrument of force Or restraint Rule 28(g) Violence or Unnecessary force

Definition of Terms:

“In serving the best interests of children, we serve the best interests of all humanity." -- Carol Bellamy --

A Child cannot wait… Thank you!