2. R. A. 9344

4. 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.

5. 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

6. 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.

7. 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.

8. 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

9. 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.

10. 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:

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

12. 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.

13. 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.

14. 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.

15. 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.

16. 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

17. 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.

18. 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.

19. 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.

20. Rule 28 (a) DETENTION
PROHIBITED
ACTS
PROHIBITED
ACTS

21. 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

22. 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

23. Definition of Terms:

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

25. A Child cannot wait…
Thank you!