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.

The Role of the PNP (Women & Children’s Desk)

INITIAL CONTACT WITH THE CHILDDUTIES 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 child into custody

Properly identify him/herself and present proper identification to the child.

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.

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

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

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 child into custody

Turn over the custody of the child to the LSWDO or other accredited NGO immediately but not later eight hours after apprehension.

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

Rule 23 (a) Nature andObjective of the Investigation

Initial Investigation

The Initial investigation is the stage after Initial Contact when the law enforcementofficer 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 inThe 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 Is taken.

The investigation shall be child friendly and be conducted in a non-intimidating manner.

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 Is taken.

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.

The written statement to be prepared shall reflect the language used by child and not the language used by the LEO.

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(d) Signing Statements.

Rule 23(e) after Taking statement ofThe 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.

Other pertinent doc. Showing theBasis for the determination of

The age of child

Written statement of the child

All other records that may assistThe LSWDO in making an assessmentIf the child acted w/ discernment.

The LEO shall transmit the ff.Records of the child to

LSWDO

Medical report, if available

Rule 23 (f) Report on Initial Investigation;What to Record?

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.

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 Is taken.

To whom the child was released and the basis for the release.

Where the case shall be referred as provided.

The DLSWDO for intervention / Diversion Program

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?

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

Rule 28 (b) Search by an Officer of the opposite

Sex

Rule 28 (c) Contact with adultOffenders and offenders

Of opposite sex

Rule 28 (d) Vulgar Language

Rule 28 (e) Harassment and abuse

Rule 28 (f) Display and useOf instrument of force

Or restraint

Rule 28(g) Violence or Unnecessary force

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

-- Carol Bellamy --

A Child cannot wait…

Thank you!