QuestionsQuestions (Republic Act No. 11311)
A CICL is a child who is alleged as, accused of, or adjudged as having committed an offense under Philippine laws (Sec. 4[e], RA 9344, as amended; reflected in the definitions).
CAR are children who are vulnerable and at risk of harming themselves or others, or vulnerable to being pushed/exploited into conflict with the law due to personal, family, and social circumstances, such as abuse, exploitation, abandonment/neglect, being out of school, street children, gang membership, living in high-criminality/drug communities, or in armed conflict. It also includes specified juvenile status offenses and certain enumerated offenses.
Examples include: being abused (sexual, physical, psychological, mental, economic) with unprotected refusal/inability of parents/guardian; being exploited; being abandoned/neglected with parents/guardians cannot be found; dysfunctional/broken family or without a parent/guardian; being out of school; being a street child; being a gang member; living in communities with high criminality or drug abuse; living in armed conflict.
The text emphasizes humane treatment, respect for inherent dignity, and that detention/imprisonment is a last resort for the shortest appropriate period. It also provides separation from adult offenders at all times and separate conveyance to/from court, as well as waiting in separate holding areas.
A CICL has the right to prompt access to legal and other appropriate assistance, and the right to challenge the legality of the deprivation of liberty before a court or competent, independent, and impartial authority, with a prompt decision on such action.
It seeks: (1) reparation for the victim; (2) reconciliation of the offender, offended, and community; (3) reassurance to the offender of reintegration; and (4) enhancement of public safety by activating offender, victim, and community in prevention strategies.
Central Office: planning, implementation, monitoring, and evaluation (with JJWC coordination). Regional Offices: ensure guideline implementation in the region, maintain databases and consolidate data, monitor/evaluate enforcement, and establish linkages with service providers for referrals. The Regional Director/Assistant Regional Director sits as a permanent member of the RJJWC.
Coordinate with LGUs, LSWDO, NGOs, faith-based organizations, Bahay Pag-asa MDT, and other providers; integrate guidelines in training/capacity-building and school activities; organize capacity building for CPC and guidance counselors/teachers; maintain databases and submit reports; recommend measures addressing abuse/exploitation/violence/bullying; ensure public/private school compliance; assist LGUs in developing CLJIP; and perform other assigned functions.
CPCs are required in elementary and secondary schools. For this Order, CPC also constitutes as the juvenile justice and welfare committee in school. It can also constitute as a Restorative Justice Panel (RJP) when appropriate, and with the guidance counselor as ex-officio, conduct family group conferencing with the LSWDO as provided in the guidelines.
Chairperson: School Head/Administrator; Vice Chairperson: Guidance Counselor/Teacher; Teacher representative designated by Faculty Club; Parent representative designated by PTA; Pupil/Student representative designated by Supreme Student/Pupil Government; BCPC representative designated by the Punong Barangay.
Reporting and gathering of information; profiling and initial risk assessment using Appendix A; development of an intervention plan consented to by the CAR and parent/guardian (informing school head/principal and reporting as needed to CPC); implementation ensured by school head/principal; monitoring by guidance counselor/teacher with written reports to SDO; and termination only by the school head/principal upon recommendation of the guidance counselor/teacher.
The CPC conducts restorative justice through: witnesses/direct knowledge reporting to guidance counselor/CPC; convening an RJP when appropriate and after consent of victim, offender, and their respective parents; conducting Family Group Conferencing using Appendix E; and monitoring the agreement and intervention plan by the RJP and a BCPC/LSWDO member.
The school head/principal with assistance of guidance counselor/teacher must report immediately to law enforcement officer and refer the case using Appendix B (CICL Intake Form) to the LSWDO, while strictly observing: proper identification of personnel; immediate notification of parents/guardians and LSWDO; explaining in understandable language the reason for report/referral; accomplishing the CICL Intake Form in triplicate; and immediate notification/transfer of physical custody to parents and LSWDO.
They are deemed ‘neglected children’ under PD No. 603 (as amended) and are mandatorily placed in a special facility within the youth care facility or Bahay Pag-asa called the Intensive Juvenile Intervention and Support Center (IJISC).
Parricide; Murder; Infanticide; Kidnapping and serious illegal detention where the victim is killed or raped; Robbery with homicide or rape; Destructive arson; Rape; Carnapping where the driver or occupant is killed or raped; and offenses under RA 9165 punishable by more than twelve (12) years of imprisonment.
The restorative justice procedure under Section 16 of these guidelines shall be applied.
For a pupil/student above 15 but below 18 who commits an offense not covered under Sec. 20-A, and where there is no complainant/victim and parents/guardians do not want standard procedures under RA 9344, restorative justice shall apply only with written consent of the victim and the parents/guardians submitted to the school head/principal.
Status and records are kept confidential. School records are solely under custody of the guidance counselor or guidance teacher and are released only upon expressed written consent of the child and parents/guardians or through a court order. Unauthorized disclosure constitutes an administrative offense.
Guidance counselor/teacher documents proceedings using required annexed forms (Appendices A, B, C, D, and E; plus Annex A of DO 40, s. 2012). Schools submit annual consolidated reports to SDO using Appendices D and F (and Annex A/DO 40 referenced). SDO consolidates division reports and submits to the Regional Office, which submits consolidated reports to the RJJWC and to the Central Office through the Undersecretary for Legal and Legislative Affairs.