CHILD-FRIENDLY

KATARUNGANG PAMBARANGAY
ATTY. BRENDA E. CANAPI
Commission on Human Rights
 CHILD
A person below 18 years of age, or those
over but are unable to fully take care of
themselves or protect themselves from
abuse, neglect, cruelty, exploitation or
discrimination because of a physical or
mental disability or condition (R.A. 7610)
Convention on the Rights of the Child
The Philippines is a State Party to the
Convention on the Rights of the Child
(CRC); and thus the Philippines is duty
bound to ensure the implementation of
the CRC through laws, policies and
programs.
Convention on the Rights of the Child
Under the CRC, it is the right of the
child alleged as or accused of having
infringed the penal law to be treated
in a manner consistent with the
promotion of the child’s sense of
dignity and worth. [Art. 40 (1)]
 Child 21
The Philippine National Strategic
Framework for Plan Development for
Children (Child 21) is the Philippine
road map for the implementation of
CRC.
 Child 21
By 2025, we envision the Filipino
child to be living in a peaceful and
child-friendly society; and free and
protected by a responsive and
enabling environment.
 Child-Friendly Governance
E.O. No. 184 (1999) “Establishing the
Presidential Award for the Child-
Friendly Municipalities and Cities”
encourages the local government
units to be child-friendly
Child-Friendly Governance
One of the indicators for the award is the service
delivery on special protection that Katarungang
Pambarangay contribute and advocate are along:
• Children’s and Women’s Desk
• Diversion Program for CICL
• Separate youth home for boys and girls
• Children needing special protection
 Child-Friendly Mechanism
1. Child-friendly resource allocation
2. Child- friendly policy environment (Judicial system
sensitive to protect the rights of the child)
3. Child-friendly institutional structures for children
(e.g. KP, BCPC)
4. Synchronized child friendly programs and projects
 Restorative Justice
The State shall apply the
principles of restorative justice
in all its laws, policies and
programs applicable to children
in conflict with the law
 Diversion
Alternative, child-appropriate process of
determining the responsibility and treatment
of a child in conflict with the law on the basis
of his/her social, cultural, economic,
psychological or educational background
without resorting to formal court
proceedings [Section 4 (i), R.A. 9344]
 Diversion
1.Child is not exempt from criminal
liability (child is above 15 but below 18
years old and acted with discernment)
2.Offense has an imposable penalty of
not more than 6 years imprisonment
 Diversion
Diversion may be
conducted at the
Katarungang Pambarangay
level
 Diversion
Mechanism: conferencing
mediation
conciliation
Contract of diversion may be
entered into
 Diversion
The officer conducting the diversion shall:
a. Ask the child circumstances which led him to
the commission of the offense, his motives or
purpose;
b. Explain to the parties the objectives and value
of diversion and consequences of not
undergoing diversion;
 Diversion
c.Take the personal circumstances of the child,
including that of his parents and family;
d. Make the child understand the consequences
of his act and his corresponding responsibilities;
e. Ensure that the child understands and realizes
his accountability, is remorseful, and will take on
the responsibility of repairing the harm done.
 Diversion Programs
• Restitution of property
• Reparation of the damage caused
• Indemnification for consequential damages
• Written or oral apology
• Care, guidance and supervision orders
• Counseling for the CICL and family
• Attendance in trainings, seminars and lectures on anger management
skills, problem solving and/or conflict resolution skills, values
formation, etc.
 Diversion
Failure of the CICL to comply
with the diversion program
gives victim the option to
institute action
Confidentiality of records and proceedings

All records and proceedings involving

CICL shall be considered privileged
and confidential. The public shall be
excluded during the proceedings and
the records shall not be disclosed to
anyone.
 Bahay Pag-Asa
Each province and highly
urbanized city shall be
responsible for building, funding
and operating a Bahay Pag-Asa.
 Strengthening of LCPCs
One percent of the IRA of barangays,
municipalities and cities shall be
allocated for the strengthening and
implementation of the programs of
the LCPC
Comprehensive Juvenile Intervention Program

A comprehensive juvenile
intervention program covering at
least a 3-year period shall be
instituted in LGUs from the barangay
to the provincial level
Assistance to victims
The victim of the offense committed by
a child and the victim’s family shall be
provided the appropriate assistance and
psychological intervention by the
LSWDO, the DSWD and other concerned
agencies.
 Other Exemptions
Children exempt from liability for violation
of local ordinances such as curfew
violations, anti-smoking and anti-drinking
laws, vandalism, gambling, mendicancy,
littering, public urination, trespassing,
public scandal, harassment, drunkeness
MARAMING
SALAMAT
PO!!!