Republic of the Philippines

Province of Misamis Occidental

Municipality of Concepcion
BARANGAY__________________

EXCERPT FROM THE MINUTES OF THE REGULAR MEETING OF THE

SANGGUNIANG BARANGAY MEMBERS HELD ON AUGUST __, 2023 AT ___
O’CLOCK IN THE MORNING AT THE SANGGUNIANG BARANGAY SESSION
HALL, BARANGAY _________, CONCEPCION, MISAMIS OCCIDENTAL

Resolution No. _________

Series of ________

A RESOLUTION ADOPTING AND UTILIZING THE STANDARD

BARANGAY PROTOCOL IN MANAGING CASES OF CHILDREN AT RISK
(CAR) AND CHILDREN IN CONFLICT WITH THE LAW (CICL) IN
BARANGAY ______________________, CONCEPCION, MISAMIS
OCCIDENTAL

WHEREAS, Republic Act No. 9344 or the Juvenile Justice and Welfare Act of
2006 is a milestone in addressing the issues on children in conflict with the
law (CICL) in the Philippines. It provides a paradigm shift from retributive to
restorative justice which gives emphasis on making the CICL accountable for
the act committed and rehabilitating the CICL rather than punishing
him/her.

WHEREAS, Section 16 of the law provides that all local government units
shall appoint a duly licensed social worker to assist the CICL. With their
critical role in the assessment of the presence or absence of discernment in
the commission of a crime as well as the development and implementation
of intervention and diversion programs, social workers are hereby provided
with guidelines on how to effectively carry out their mandate. This
guidelines shall also provide them with direction to actively engage the
family and community in the rehabilitation and reintegration of the CICL.

WHEREAS, when we work with children, we need to ensure that their rights
are respected and their best welfare given paramount consideration. This
applies even to children in conflict with the law (CICL) especially because we
look at them not as offenders but as individuals who need special protection
and assistance. For this reason, we shifted from retributive to restorative
justice in handling CICL.

WHEREAS, Restorative justice holds the offender accountable for the harm
caused by the offense committed. It repairs severed relationships to the
extent possible with the maximum participation of the victim and the
community as it enables the CICL to become a better person. It gives
emphasis on the just reparation of the damage rather than on punishment
especially through imprisonment.
WHEREAS, to apply the principle of restorative justice, Sec. 22.b of
Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006 mandates
the conduct of diversion in the case of a CICL above 15 but below 18
years old and was assessed to have acted with discernment. Diversion is a
child-appropriate process of determining the responsibility and treatment of
a CICL with consideration to his/her needs and circumstances without
resorting to formal court proceedings.

WHEREAS, the diversion of a child to appropriate programs is an

imperative as a therapeutic adjunct to the principle of restorative justice.
The justification of diversion as an alternative process to formal litigation lies
mainly on the fact that it provides restorative justice and community based
responses to child's misbehavior that may work effectively for the best
interest of the child than the strong arm of the law or punishment.
Diversion would also prevent destructive labeling. The practice serves to
hinder the negative effects of subsequent proceedings in the juvenile
justice administration such as stigma of conviction and sentence.
Diversion definitely gives the child a chance to develop into a responsible
adult.

WHEREAS, Rule 40 and 104.e. of the Implementing Rules and Regulations

(IRR) of RA 9344, mandates the DSWD to formulate rules and guidelines
that should be followed during the diversion proceedings for CICL who
acted with discernment, to protect them from coercion, intimidation,
harm, or other actions detrimental to the child. This is based on the principle
that the CICL are victims of circumstances beyond their control and
should not be treated as criminals, but as individuals with problems
who need help/appropriate assistance and services.

WHEREAS, in 2016, the Juvenile Justice and Welfare Council (JJWC)

released a Barangay Protocol in Managing Cases of Children at Risk and
Children in Conflict with the law. This document provides information on
how to handle child related cases, initial contact, diversion proceedings,
prevention programs, child custody, and other C/\R and CICL
interventions. It also serves as a practical guide for barangay officials and
other duty bearers to properly assist CAR and CICL.

WHEREAS, pursuance to Barangay Council for the Protection of Children

(BCPC) Resolution No. _______ dated ____________, requesting the
Sangguniang Barangay of ______________ for the adoption and utilization
of the Standard Barangay Protocol in Managing Cases of Children at Risk
(CAR) and Children in Conflict with the Law (CICL) in Barangay
_______________, Concepcion, Misamis Occidental.

NOW THEREFORE, on Motion of __________, Sangguniang Barangay

Member duly seconded by ________________, Sangguniang Barangay
Member.
RESOLVED, as it is hereby RESOLVED adopting and utilizing the Standard
Barangay Protocol in Managing Cases of Children at Risk (CAR) and
Children in Conflict with the Law (CICL) in Barangay _______________,
Concepcion, Misamis Occidental.

UNANIMOUSLY APPROVED: AUGUST ___ 2023.

I HEREBY CERTIFY TO THE CORRECTNESS OF THE ABOVE-QUOTED

RESOLUTION.

CERTIFIED TRUE AND CORRECT:

__________________________
Barangay Secretary

ATTESTED BY:

Hon. ________________________
Punong Barangay

Conforme:

HON. _______________ HON. __________________

SB Kagawad SB Kagawad

HON. _______________ HON. _________________

SB Kagawad SB Kagawad

HON. _______________ HON. __________________

SB Kagawad SB Kagawad

HON. _______________ HON. __________________

SB Kagawad SK Chairperson