Giving Legal Advice To Cicl

John Edward M.
Garcia January 17, 2021

Legal Counseling, Friday, 3-5pm Atty. Eric Lazo
Giving Legal Advice to Children in Conflict with the Law

1. Abstract
The Republic Act 9344 or the Juvenile Justice Law of 2006 sets the minimum age of criminal
liability at 15 years old. This means that those between 15 to 18 years old may be detained in
youth centers and go through rehabilitation programs. Those under 15 years old are exempted
from criminal liability and undergo intervention.
On 22 January 2019, the Supreme Court released the 2019 Revised Rule on Children in Conflict
with the Law, effective on 07 July 2019. The revisions introduced aim to strengthen the
protection of children in conflict with the law and establish that charges involving a minor are
now bailable as a matter of right.
What should a lawyer keep in mind when giving legal advice to children in conflict with the
law?.
2. Discussion
Who is a child in conflict with the law?
A Child in Conflict with the Law (CICL) " refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws.”1
As the law stands now, to be criminally liable, a CICL, the child must be, at the time of the
commission of the offense, below eighteen years old but not less than fifteen (15) years and one
(1) day old.
A CICL below 15 years old is exempt from criminal liability but shall be subjected to
intervention program.
What are the rights of a CICL?
The rights of child in conflict with the law can be found under Section 5 of RA 9344. One must
note, however, that the rights stated are not merely statutory but fundamental as they are the very
same rights enshrined under our Constitution. Noteworthy, under the same section, is the
provision that “The State further adopts the provisions of the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice or "Beijing Rules", United Nations Guidelines
for the Prevention of Juvenile Delinquency or the "Riyadh Guidelines", and the United Nations
Rules for the Protection of Juveniles Deprived of Liberty.”
What is the role of the Lawyer giving legal advice to a CICL?
The law and the rules are well laid out when it comes to a CICL. A lawyer giving legal advice to
a CICL must be fully cognizant of the applicable laws and rules to ensure that the best interest of
the child is pursued. If the lawyer believes that he is not the most suitable person for whatever
1
RA No. 9344
reason, he must say it up front so that the CICL could make the call, or his parents/guardian, to
look for a more suited lawyer given the circumstances.
The lawyer must ascertain what the CICL is being accused of and explain to the latter in
language understandable to the child what the charge(s) meant.
The CICL enjoys the presumption of minority. The lawyer, however, must make inquiries to
determine for himself the age of the child to determine the applicable rules to follow.
When the child is ascertained to fall within the age group of a CICL, the lawyer must check if the
applicable rules have been complied with:2
Procedure in Taking a CICL in Custody
A child in conflict with the law taken into custody shall now be searched by a law enforcement
officer only of the same gender and shall not be locked up in a detention cell. Instead,
immediately and not later than eight (8) hours after apprehension, the CICL shall be turned over
to the Social Welfare and Development Office or other accredited non-government
organizations, and the child’s parents/guardians and Public Attorney’s Office shall be notified of
such apprehension.
Duties of Law Enforcement Officers
During initial investigation, law enforcement officers’ duties include:
 Determining whether the case involves a CICL and where to refer the CICL to;
 The taking of the statement of a CICL shall be conducted in the presence of (a) child’s
counsel of choice, or in his absence, a Public Attorney’s Office lawyer; (b) the CICL’s
parents, guardian, or nearest relative, as the case may be; and (c) the local social welfare
office. If the CICL’s parents, guardian, or nearest relative, as the case may be, and the
local social welfare and development officer are absent, the investigation shall be
conducted in the presence of a representative of a non-government organization, religious
group, or member of the Barangay Council for the Protection of Children.
Social Welfare Officer’s Duty to Conduct an Initial Assessment and Render Intake Report
Upon taking of the CICL into custody, the social welfare worker assigned should conduct an
initial assessment to determine whether to place the CICL under community-based intervention
or diversion, depending on the circumstances of the case, and prepare an Intake Report
(containing the personal and other circumstances of the CICL), which should be submitted to the
court prior to arraignment in the event that a case is to be filed in court.
Intervention / Diversion Programs
The following are factors to be used by the Diversion Committee in determining whether
diversion is appropriate:
 Nature and circumstances of the offense charged;
 The frequency and severity of the act;
 The circumstances of the child (e.g. age, maturity, intelligence, etc.);
2
https://platonmartinez.com/articles/2019-revised-rule-on-children-in-conflict-with-the-law-now-in-effect
 The influence of the family and environment on the growth of the child;
 The weight of the evidence against the child;
 The safety of the community; and
 The best interest of the child.
If diversion is appropriate, the Diversion Committee shall formulate a diversion program for the
CICL depending on various factors such as the availability of community-based programs for
rehabilitation and the past records of the child. Diversion will include adequate socio-cultural
and psychological responses and services for the child and address the satisfaction of the civil
liability of the child, without prejudice to the liability of the parents for damages. To avoid
liability for damages, the CICL’s parents may prove to the satisfaction of the court that they
exercised reasonable supervision over the child at the time of commission of offense and
reasonable effort and utmost diligence to prevent or discourage the child from committing
another offense.
Rehabilitation Centers
A child charged with an offense who was not released on bail or recognizance may be transferred
to a “Bahay Pag-asa” or rehabilitation centers or other appropriate accredited facilities by the
Department of Social Welfare and Development, which will have an intensive juvenile
intervention and support center. Further, sexual orientation of the CICL shall be taken into
consideration in determining the adequate quarters at Bahay Pag-Asa.
Bail
It was likewise clarified that all charges involving a minor are bailable as a matter of right as, for
purposes of bail, minority is a privileged mitigating circumstance.
Credit in Service of Sentence
While previously, there were exceptions to the Credit in Service of Sentence of the child in
conflict with the law, all CICLs shall now be credited in the service of his/her sentence with the
full time spent in actual commitment and detention. Further, any form of physical restraint
including community service and commitment to a rehabilitation center shall be considered
preventive imprisonment.
3. Conclusion
Sufficient laws and rules are already in place to protect the CICL. A lawyer must take time to
know the applicable laws and rules and adhere to them to fully protect the interest of the CICL.
4. Recommendation
The juvenile justice law has not been fully implemented primarily due to lack of funding. The
non-implementation has given rise to the impression that the law was ineffective and must be
amended to lower the age of criminal responsibility from 15 years old to 9. Many experts believe
that it is a wrong course. What needs to be done is to fully implement the juvenile justice law
first. In areas, like Valenzuela, Bulacan3, where the support systems are in place, rehabilitation,
3
Gatchalian: If Valenzuela can do it, why can’t others? (https://newsinfo.inquirer.net/1078603/gatchalian-if-
valenzuela-can-do-it-why-cant-others#ixzz6jmMkoQeT)
and intervention of CICL are showing of successful results. Such model must be supported and
replicated in areas already identified by the law itself.
5. Reference
 RA No. 9344 (https://www.officialgazette.gov.ph/2006/04/28/republic-act-no-9344-s-

2006/)
 REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW
(http://hrlibrary.umn.edu/research/Philippines/rule_on_children.html)
 Children in conflict with the law: On finding hope and fighting fate
(https://www.rappler.com/newsbreak/in-depth/lives-children-conflict-law-finding-hope-
fighting-fate)
 Gatchalian: If Valenzuela can do it, why can’t others?
(https://newsinfo.inquirer.net/1078603/gatchalian-if-valenzuela-can-do-it-why-cant-
others#ixzz6jmMkoQeT)

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John Edward M.

Garcia January 17, 2021

Giving Legal Advice to Children in Conflict with the Law

 RA No. 9344 (https://www.officialgazette.gov.ph/2006/04/28/republic-act-no-9344-s-

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