Strengthening Institutional

Capacities of Barangay Anti-Drug

Abuse Council (SICAP-BADAC)
 I- What is CHILD-FRIENDLY APPROACH?
Outline of the
II- Principle of Restorative Justice
Presentation
IV- Role of the BADAC in the Child Sensitive Procedures
BADAC 101 “Child-friendly Approach in the
Performance of BADAC duties”
What is a CHILD-FRIENDLY APPROACH?
any behaviour, conduct, practice, process, attitude,
environment or treatment that is humane, considerate and
in the best interest of the child
 Application of the Principle of Restorative Justice as a
Child-friendly Approach in the Performance of BADAC duties

A principle which requires a process of resolving

conflicts with the maximum involvement of the victim,
the offender and the community.
Source: International Institute
for Restorative Practices (IIRP)
Graduate School
 Are all children involved in illegal drugs
considered as Children in-Conflict of the Law
(CICL)?

YES NO
 Are all children involved in illegal drugs
considered as Children in-Conflict of the Law
(CICL)?

NO
Protocol When Handling Children Allegedly
Involved in Dangerous Drugs

Child at Risk Child in Conflict with the Law

(CAR) (CICL)

The child submits or The child (a) who is apprehended or

surrenders to a
person-in-authority in
connection with the
anti-illegal drug campaign of
the government for allegedly
using dangerous drugs
(b) who submits or surrenders to a
person-in-authority is alleged to
have committed an offense under
the DDA, e.g., courier of illegal drugs
(and is not surrendering solely
because of use of dangerous drugs)
Role of the BADAC in the Child Sensitive Procedures in
handling Children At-Risk (CAR)
Child at Risk (CAR) NOTIFY:
(1) LSWDO and
(2) Parents/Guardian Person-in-authority

ASK Consent of parent/guardian: Person-in-authority or LSWDO

1. To the submission/surrender
Parents absent? OR
2. For conduct of screening and assessment of child
indicators of abuse
3. For DDE of child
NO YES 4. For treatment/care

No valid
surrender Get proxy
consent TALK to child only in order to: Person-in-authority
LSWDO: Explore
1. Obtain child’s personal circumstances (use CAR
Refer to the alternative
possibility of
parental care program
intake form)
interventions to child
and family when needed
of the government 2. Record information in separate CAR registry
and if permitted by law

Person-in-authority
BADAC ROLE:
Name/record of child is removed from
list of drug personalities under INFORM BADAC of Intake Interview LSWDO
Operation Tokhang or barangay submission/surrender
drug-clearing ops
Refer to DOH-accredited person to do screening
(Intake form/sheet; Consent Form)
Role of the BADAC in the Child Sensitive Procedures in
handling Children in Conflict with the Law
(CICL)
Child in Conflict with the Law (CICL)

Follow process under

RA 9344 as amended

LSWDO to refer child to

screening process

Process of handling CICL depends on factors such as age of the child and nature of offense.

In consideration of such, process may include assessment of discernment, conduct of

diversion, community-based intervention or center-based intervention, among others.
Initial Contact
What should you do upon apprehending or
taking custody of the CICL?

Remember the code:

Part 1: Id-Ex-Reg-In
Part 2: Form-OA
Part 3: Med-T-R
Initial Contact: Part 1: Id-Ex-Reg-I
Immediately upon taking the CICL into custody, the
barangay official must first:
1. Identify self to CICL
2. Explain to child: r.o.c.
• reason for taking child into custody
• offense allegedly committed
• constitutional rights
3. Register in CICL logbook
4. Inform child’s parents/guardians, social worker,
PAO, and local health officer.
Initial Contact: Part 2: Form-OA

• The barangay can proceed to the Initial Interview by

taking the statement of the CICL and filling out the
Intake Form. (Use BCPC Form)
Note: If the CICL was taken in because of a complaint
or report of a private citizen, the barangay must ask
the complainant to fill out the Complaint Form. (Use
BCPC Form No. 2);
• A key part of the Initial Interview is confirming the
Offense supposedly committed by the child and
determining the Age of the CICL.
Initial Contact: Part 3: Med-TR

“Med-T-R” means what?

1. Make sure the child is:
a. Taken to the proper medical and health
officer for a medical exam; and
b. Turned over to the proper party within 8
hours.
2. Complete the Report on the Initial
Investigation.
 o f
a i ts
l tr EO
a L
Ide DAC/ nt
B A ❑ Pat ie
li s t e n er a n o r
t i ve m e
❑ Effec i ld -f r ie n d l y d e
n s i t i v i ty
r r y a c h c t i m - s e
❑ Ca i s p l a y vi
t e n t l y d
n s is
❑ C o
pa r t i a l I C L , C A R
b e i m t is a C
❑ Can a r l y w ha n g o f
a n d c l e h a n d l i
n d e rs t r o pe r
❑ U
r o c e ss o f p
and p C W U Ds
& C I C L /
CAR
 What you must DO
❑ Speak in simple and direct language
General DOs and DON’Ts
❑ Carry a positive and optimistic note
Child-Sensitive Procedures
CICL exempt from Criminal Responsibility (15 years old and
below)
CICL above 15 years but below 18 years of age who acted
without discernment
CICL above 12 to 15 YO who committed a serious crime listed in
RA 9344 as amended

CICL above 12 to 15 YO but reported for repetition of offenses;

CICL above 15 years but below 18 years of age who acted with
discernment.
Child-Sensitive Procedures
CICL exempt from Criminal Responsibility (15 years old and
below)
CICL above 15 years but below 18 years of age who acted
without discernment
● A CICL exempt from Criminal Responsibility if at the time of the
commission of offenses….
1. A child 15 years of age or under

2. A child is 15 years and one day but below 18

WITHOUT discernment
CICL exempt from Criminal Responsibility
General Rule

Upon initial contact, immediately release the

child to the custody of parents/guardian/
child’s nearest relative

The child shall undergo a

community-based intervention program

Child shall be committed to the facility if

abandoned, neglected or abused and the
best interest of the child requires his or
her institutionalization
• A CICL at least 12 years old is determined by the
LSWDO to be dependent, abandoned, neglected
or abused by the parents, and the best interest of
the child requires that the child be placed in a
youth care facility or “Bahay Pag-asa,” pursuant to
Section 20 of RA 10630

• “The minimum age for children committed to a

youth care facility or ‘Bahay Pag-asa’ shall be 12
years old” (Section 20, RA 10630)

26
Child-Sensitive Procedures
CICL exempt from Criminal Responsibility (15 years old and
below)
CICL above 15 years but below 18 years of age who acted
without discernment
CICL above 12 to 15 YO who committed a serious crime listed in
RA 9344 as amended

CICL above 12 to 15 YO but reported for repetition of offenses;

CICL above 15 years but below 18 years of age who acted with
discernment.
Child-Sensitive Procedures

CICL above 12 to 15 YO who committed a serious crime listed in

RA 9344 as amended
Serious Crimes by above 12 up to 15 years old

Commitment to Bahay PagAsa under Section 20A

Who files for Within what period shall

Who determines the
involuntary When to file? the court decide on the
placement period?
commitment? petition?

LSWDO of LGU Within 24 hours Within 72 hours The court will

DSWD social worker from the time of the from the time the determine the initial
(in absence of receipt of a report petition is filed by period which shall
LSWDO) on the alleged the DSWD/LSWDO not be less than one
commission of the year.
Note: child is crime
deemed neglected

29
Child-Sensitive Procedures
CICL exempt from Criminal Responsibility (15 years old and
below)
CICL above 15 years but below 18 years of age who acted
without discernment
CICL above 12 to 15 YO who committed a serious crime listed in
RA 9344 as amended

CICL above 12 to 15 YO but reported for repetition of offenses;

CICL above 15 years but below 18 years of age who acted with
discernment.
Child-Sensitive Procedures

CICL above 12 to 15 YO but reported for repetition of offenses;

Repeat offense by above 12 to 15 years
Commitment to Bahay PagAsa under Section 20B

When does this provision apply?

• A child commits an offense for the

second time or oftener, and
• Previously subjected to a
community-based intervention program
• Deemed neglected
• Placed in a youth care facility or ‘Bahay
Pag-asa’ if best interest requires through
voluntary commitment of parents or
involuntary commitment by court
32
Child-Sensitive Procedures
CICL exempt from Criminal Responsibility (15 years old and
below)
CICL above 15 years but below 18 years of age who acted
without discernment
CICL above 12 to 15 YO who committed a serious crime listed in
RA 9344 as amended

CICL above 12 to 15 YO but reported for repetition of offenses;

CICL above 15 years but below 18 years of age who acted with
discernment.
Child-Sensitive Procedures

CICL above 15 years but below 18 years of age who acted with
discernment.
Child WITH Criminal Responsibility

At the time of the commission of offense

A child is 15 years and one day but below

18 WITH discernment

35
CICL 15 years old & 1 day but below 18 years
of age who acted with discernment

DIVERSION

penalty does not exceed penalty exceeds 6

6 years years up to 12
years

With victim Victimless

Court
Barangay, LEO, LSWDO
Prosecutor
36
Treatment and Care Program

BADAC Role: The assessed Substance Use Disorder (SUD) of the child If child is CICL, LSWDO to
Rehabilitation after DOH-accredited physician conducts a DDE is: determine if treatment and
care program to be given
and prior to or simultaneous
Monitoring with intervention or
diversion under RA 9344 as
amended
Mild SUD Moderate SUD Severe SUD

DOH Administrative
Order No. 2017-0018
If center-based
Treatment and care program designed and treatment, coordinated
implemented in accordance with recommendations of MDT
with DDB-authorized
DOH-accredited physician representative

Monitoring and Evaluation Aftercare and Implementation LSWDO

Roles of BADAC

• Creation of the BADAC Action plan to be

integrated in the Comprehesnive Barangay
Intervention Program (CBJIP)

• Provide assistance during the conduct of

anti-drugs operations

• Remove the name of the minor from list of

drug personalities under Operation Tokhang or
barangay drug-clearing ops
Roles of BADAC

• Member of the Multi-disciplinary Team for the

Treatment and Care program of the minor

• Involvement in the establishment of

Community-based treatment program

• Provide assistance in the After-care and

reintegration programs
Kindly fill in the Evaluation Form for this topic on this
link:

https://forms.gle/KjL47d9TnCUwkukEA
Thank you!