RA 9344: In the Event of Commission of A CRIME

RESTORATIVE JUSTICE

RESTORATIVE JUSTICE
 Ang

Kaluluwa ng RA 9344
Krimen Parusa

Pananagutan

Pagbabago

Restorative Justice PANANAGUTAN

Retributive Justice PARUSA >

RESTORATIVE JUSTICE
 Panibagong

pananaw  Kinikilala na masama ang krimen at ito ay nakakasakit ng tao at pamayanan  Isinusulong 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


Hanggat 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

>

NO HANDCUFF POLICY


Hanggat maaari, hindi pwedeng posasan ang mga Bata



Maliban na lamang kung TALAGANG KINAKAILANGAN. 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>

Kung pinosasan ang bata, kailangan:



CHILD SENSITIVE PROCEEDINGS

 Palaging

ikokonsedera ang Kapakanan

ng Bata
Sa PAGHULI  Sa PAG IMBESTIGA  Sa PAGLILITIS  At 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


Ibat 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 kapakipakinabang Binibigay sa mga batang WALANG KRIMINAL NA PANANAGUTAN Binibigay ng LSWD Maaaring Ipatupad sa Barangay


>

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 >

DIVERSION PROGRAM
 Alternatibong

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

Diversion
FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM E N F O R C E M E N T P R O S E C U T I O N

C O REINTEGRATION CRIME M M U N I T Y

C O U R T S

C O R R E C T I O N

Diversion
FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM E N F O R C E M E N T P R O S E DIVERSION C U T I O N

C O REINTEGRATION CRIME M M U N I T Y

C O U R T S

C O R R E C T I O N

Diversion
FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM E N F O R C E M E N T P R O S E C U T I O N

C O REINTEGRATION CRIME M M U N I T Y

C O U DIVERSION R T S

C O R R E C T I O N

Diversion
FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM E N F O R C E M E N T P R O S E C U T I O N

C O REINTEGRATION CRIME M M U N I T Y

C O U R T S

C O R R E DIVERSION C T I O N

Diversion
FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM E N F O R C E M E N T P R O S E C U T I O N

C O REINTEGRATION CRIME M M U N I T Y

C O U R T S

C O DIVERSION R R E C T I O N

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. >

Paano isasagawa
 Isasagawa

ito ng Pulis  Sa TULONG ng LSWDO.

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


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. >

Monitoring and Supervision

 LSWDO

shall supervise conduct of Diversion  Shall monitor compliance with the Diversion Contract. >

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
crime Child is taken into custody

HOW TO TAKE CUSTODY OF THE CHILD?

The Tanod should identify himself  Explain to the child

  

Constitutional rights Why is he being arrested Nature of the offense

Physical/Mental Exam  Notify LSWD  Notify the PARENTS  Record Everything in a Separate blotter


FLOWCHART
crime Child is taken into custody Police conducts initial investigation

Police determines Age of CICL

INITIAL INVESTIGATION
 WCPD


conducts initial investigation in the presence of

Childs lawyer / PAO;  Childs parents, guardian, or nearest relative, as the case may be; and  LSWDO.

 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 Privacy  The 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 child  Witnessed 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
crime
Child is taken into custody Police conducts initial investigation

Police determines Age of CICL

no

More than 15?

yes

Turnover Custody of child to LSWD

LSWD asseses if there is discernment

Turnover Custody of child to parents LSWD determines INTERVENTION PROGRAM

no

Discern ment?

FLOWCHART
LSWD determines INTERVENTION PROGRAM

Successful ?

no

Offers to parent institutional programs

yes Parents agree no yes Commitment to a Rehabilitation Center

LSWD files petition for involuntary commitment Reintegration

FLOWCHART
crime Child is taken into custody Police conducts initial investigation

Police determines Age of CICL

no

More than 15?

yes

Turnover Custody of child to LSWD

LSWD asseses if there is discernment

Turnover Custody of child to parents LSWD determines INTERVENTION PROGRAM

no

Discern ment?

FLOWCHART
yes Discernment ? More than 6 yrs? no trial yes

Diversion proceedings

no Successful ? yes

Rehabilitation while on suspended sentence

Reintegration

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 childs 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 law


Employment 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 childs 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.

>>>

MARAMING SALAMAT PO!!!



ROMMEL ALIM ABITRIA Humanitarian Legal Assistance Foundation 2209 Medical Plaza Ortigas 25 San Miguel Ave., Ortigas Center, Pasig City Telefax: 634 8720 Email: rommel.abitria@hlafphil.org Website: http://hlafphil.org