National Training of Trainers

Strengthening Institutional Capacities of

Barangay Anti-Drug Abuse Council
(SICAP-BADAC)
Session 1: BADAC 101 “Child-friendly Approach in the Performance of BADAC duties”
 I. Restorative Justice
II. CBJIP
Outline of
the III. Initial Contact
Presentation
IV. Child Sensitive Procedures
V. Treatment and Care Program
Restorative Justice

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.
Restorative Justice

Source: International Institute

for Restorative Practices (IIRP)
Graduate School
Restorative Justice

Related provisions under RA 9344, as amended

Sec 2. Declaration of State Policy - The State shall apply the principles of
restorative justice in all its laws, policies and programs applicable to CICL
Sec 5. Rights of the Child in Conflict with the Law - xxx the best interest
of the CICL, the rights of the victim and the needs of society are all taken
into consideration by the court, under the principle of restorative justice
Sec 23. System of Diversion – xxx in accordance with the best interest of
the child with a view to accomplishing the objectives of restorative justice
Theories (Cause of Offending)

Learnings

Delinquency, violation
of trust and
Bonds relationships, harms
Disintegrative More
the victim and
shaming crimes
community

Strains
Theories (What to Do?)

Introduce
Repair
convention harm
al learning

Delinquency,
Improve violation of trust
bonds and relationships, Accountability
harms the victim
and community

Remove
Strains
Improve
community
Comprehensive Barangay Juvenile
Intervention Program (CBJIP)

BADAC Role:
Creation of BADAC Republic Act 9344
Plan of Action (Juvenile Justice and Welfare Act)
mandates all LGUs to develop a
Comprehensive Local Juvenile
Intervention Program (CLJIP)
(Barangay, Cities, and Municipalities)

Data from 2015 to August 31, 2020

Comprehensive Barangay Juvenile
Intervention Program (CBJIP)
A package of interventions (a program) implemented at the
barangay, city, and municipal levels designed to:

1. prevent juvenile delinquency;

2. prevent children in conflict with the law
from re-offending, and
3. re-integrate them back to the family
and community.
Protocol When Handling Children Allegedly
Involved in Dangerous Drugs

This Protocol will apply to the handling

of any child who comes into contact
BADAC Role:
with any person-in-authority as a result Assistance during
of, or in connection with, the anti- the conduct of anti-
illegal drugs campaign initiated either drug operations
by the national government or any of
the local government units.
Protocol When Handling Children Allegedly
Involved in Dangerous Drugs
Child at Risk
(CAR)
The child submits or
surrenders to a person-in-
authority in connection with
the anti-illegal drug campaign
of the government for
allegedly using dangerous
drugs
Child in Conflict with the Law
(CICL)
The child (a) who is apprehended or
(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)
Child at Risk (CAR) NOTIFY:
Person-in-authority

(1) LSWDO and

(2) Parents/Guardian

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
LSWDO
Name/record of child is removed from
list of drug personalities under INFORM BADAC of Intake Interview
Operation Tokhang or barangay drug- submission/surrender
clearing ops
Refer to DOH-accredited person to do screening
(Intake form/sheet; Consent Form)
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.
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.
14
Child WITHOUT Criminal Responsibility

At the time of the commission of offense

A child 15 years of age or under

A child is 15 years and one day but below

18 WITHOUT discernment

15
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
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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

17
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
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 Please note another category
• 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)

19
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

20
CICL 15 years old & 1 day but below 18 years
of age who acted with discernment

DIVERSION
CICL
(“Funnel Effect”)
penalty does not penalty exceeds 6
exceed 6 years years up to 12
years

With victim Victimless

Court

Barangay, LEO, LSWDO

Prosecutor
21
Initial Contact with CICL

There is ‘initial contact’ once a

barangay official, BCPC
member or private citizen
apprehends or takes into
custody a CICL for allegedly
committing an offense.

(Flowchart A)
• Handling
• Rights
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 E O
a L
I d e AC /
A D Pati ent
B ❑ i s t e n er o r
c ti ve l e m e a n
❑Effe ild -f ri e n d l y d
ns iti vi ty
rr y a c h ic ti m - se
❑Ca t ly d is p la y v
n sis t e n
❑ C o a l ,
im p a r ti a C I CL
C a n be w h at is in g
❑ c le a rly h a n d l
rs ta n d ro p e r
U n d e c e s s o fp
❑ n d p ro D s
C A R a L/C W U
& C I C
of CAR
 What you must DO
❑Speak in simple and direct language
General DOs and DON’Ts
❑Carry a positive and optimistic note
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

Treatment and Care Program

• The program may be given prior to or

simultaneous with the intervention program or
diversion program (RA 9344 as amended)
• If the child is at risk for drug abuse and
dependence or with substance use disorder, CICL
is required to be placed under a center-based
intervention.
• If the treatment and care program needed to
address the CICL’s drug use is in-patient or center-
based, the child will first complete the said
program before the intervention or diversion
Confidentiality and Privacy
• Privacy and confidentiality at any stage BADAC Role:
Maintaining
• All records are privileged and confidential Records
• Undertake all measures to protect the identity of
the child
• Disclosure of confidential records may only be
done upon order of the Court
• Child shall not be mixed with adults
• Activity or interaction shall not be done or
implemented in public places.
Roles of BADAC

• Remove the name of the minor from list of

drug personalities under Operation Tokhang or
barangay drug-clearing ops
• Member of the Multi-disciplinary Team for the
Treatment and Care program of the minor
• Community-based treatment program
• After-care and reintegration programs
• Development of Comprehensive Barangay
Juvenile Intervention Program (CBJIP)
JJWC Initiatives

❑Review the DDB Board Regulation No. 6

❑Development of Client Flow
Thank you!