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RELEVANT LAWS AND RULES IN THE INVESTIGATION AND PROSECUTION OF CASES INVOLVING WOMEN AND CHILDREN (VAWC Cases)

Outline of Presentation

Inquest Preliminary Investigation Steps in Handling VAWC Cases: Barangay level Duties and Functions of the PNP-Women and Protection Desks in Investigating VAWC cases Rules and Regulations on the Reporting and Investigation of Child Abuse Cases

INQUEST

DOJ CIRCULAR NO. 61 (Sept. 21, 1993) An informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court.

INQUEST

Considered commenced upon receipt of the following documents by the Inquest Officer from the law enforcement authorities: - affidavit of arrest

- investigation report - statement of the complainant and witnesses -other supporting evidence

INQUEST: Particular Documents Required

Murder, Homicide and Parricide

a) certified true/machine copy of death certificate of victim b) necropsy report and the certificate of postmortem examination, if readily available

INQUEST:Documents Required

Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries Cases

a) medical certificate of the complaining witness showing the nature or extent of the injury; b) certification or statement as to the duration of the treatment or medical attendance; and c) certificate or statement as to the duration of incapacity for work.

INQUEST: Documents Required

Rape, Seduction and Forcible Abduction with Rape Cases

a) the medico-legal report (living case report), if the victim submitted herself for medical or physical examination.

INQUEST

Initial duty of Inquest Officer is to determine if arrest of detained person was made in accordance with paragraphs (a) and (b) of Section 5, Rule 113 of the Rules on Criminal Procedure, as amended, which provide that :

a) when, in the presence of the arresting officer, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; or

INQUEST
b) when an offense has in fact just been committed and the arresting officer has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it. Note: Umil vs. Ramos Case (202 SCRA 252): Personal Knowledge of facts based on reasonable grounds of suspicion rule is now the Rule. xxxPersonal knowledge of facts in arrests without warrant must be based upon probable cause which means an actual belief or reasonable grounds of suspicion. Grounds of suspicion are reasonable when, in the absence of actual belief of the arresting officers, the suspicion that the person to be arrested is probably guilty of committing the offense , is based on actual facts, i.e. supported by circumstances sufficiently strong in themselves to create probable cause of guilt of the person to be arrested.

INQUEST
founded on probable cause, coupled with good faith on the part of the peace officers making the arrest.

xxx A reasonable suspicion therefore must be

Where arrest not properly effected, Inquest officer shall: a) recommend release of person

detained/arrested b) note down disposition on referral document c) prepare memo indicating reasons for action taken d) forward record to City/Provincial prosecutor for action

INQUEST

Where recommendation for release of detained person is approved but evidence warrants conduct of regular preliminary investigation: -order of release shall be served on the officer having custody and

shall direct said officer to serve upon detainee the subpoena or notice of preliminary investigation, together with the copies of charge sheet or complaint, affidavit or sworn statements of complainant and his witnesses and other supporting evidence

INQUEST

Where arrest properly effected: a) detained person shall be asked if availing of

preliminary investigation; if he does, shall execute waiver of provisions of Article 125 of the Revised Penal Code with the assistance of lawyer or a responsible person of his choice. PI within 15 days. b) Inquest proper if detained person does not opt for PI, to determine existence of probable cause

GUIDELINES AND DUTIES OF ARRESTING OR INVESTIGATING OFFICERS

Updated procedures, guidelines and duties which the arresting, detaining, inviting or investigating officer or his companions must do and observe at the time of making the arrest and again at and during the custodial interrogation in accordance with the
Constitution, jurisprudence and Republic Act No.7438 (1992). Any arresting/investigating officer who fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent lawyer shall suffer fine of P6,000.00 or a penalty of imprisonment of not less than 8 years but not more than 10 years.

PRELIMINARY INVESTIGATION

Revised Rules on Criminal Procedure, Rule 112 An inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. Required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least 4 years, 2 months and 1 day without regard to the fine.

PRELIMINARY INVESTIGATION

Commenced by the filing of complaint together with supporting affidavits and other proofs and documents (e.g., birth certificate, medico-legal report, marriage certificate) If the offense charged is punishable by imprisonment not exceeding one (1) year or a fine not exceeding P5,000.00, the complaint shall be accompanied by a Barangay certification

PRELIMINARY INVESTIGATION

Note: All forms of amicable settlement under the Katarungang Pambarangay such as mediation, settlement, conciliation, arbitration shall not apply to VAWC cases. The Punong Barangay, or in his/her absence, any kagawad shall only give counseling to respondent if relief requested involves support especially for education and medical needs.

STEPS IN HANDLING VAWC CASES AT THE BARANGAY LEVEL


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Upon being informed of an act of VAWC, the barangay official shall immediately verify the information and if necessary, seek police assistance; Respond immediately to a call for help or request for assistance or protection of victim-survivor by entering dwelling whether or not a protection order has been issued and ensure safety of victim-survivor;

STEPS IN HANDLING VAWC CASES AT THE BARANGAY LEVEL


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Interview the victim-survivors and the witnesses to determine the facts, and inform the victim-survivors of their rights and remedies; Arrest the perpetrator even without a warrant when any of the acts of violence is occurring, or when said barangay official has personal knowledge that any act of abuse has just been committed and in the presence of imminent danger to the life and limb of victim-survivor;

STEPS IN HANDLING VAWC CASES AT THE BARANGAY LEVEL


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Transport or escort the victim-survivor to the nearest hospital or available medical facility for treatment and medico-legal examination; If perpetrator is not immediately arrested, advise him/her to leave the house to prevent violence, or encourage him,/her to go to the barangay center,DSWD, LGU, NGO, church or other groups providing counseling;

STEPS IN HANDLING VAWC CASES AT THE BARANGAY LEVEL


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Assist victim-survivors in taking their personal belongings and their children and transfer them to a shelter or a safe place when necessary; Report the incident and refer the victimsurvivor to the LSWDO and PNP-WCPD within 4 hours from the time of reporting;

STEPS IN HANDLING VAWC CASES AT THE BARANGAY LEVEL


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In cases where the victim-survivor applying for a BPO is a minor, any barangay official shall assist the victim-survivor and refer him/her to NGOs, social workers for counselling, temporary shelters, and other support services; Monitor compliance of the respondent with the BPO;

STEPS IN HANDLING VAWC CASES AT THE BARANGAY LEVEL


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Ensure the safety and continued support to the victimsurvivor and her family during the 15-day period; Assist victim-survivors in filing complaint with PNPWCPD; Have separate logbook for VAWC complaints and cases and keep this confidential;

STEPS IN HANDLING VAWC CASES AT THE BARANGAY LEVEL


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Shall not attempt to influence the victim-survivor to abandon her claims. All forms of amicable settlement under the Katarungang Pambarangay such as mediation, settlement, conciliation, arbitration shall not apply to VAWC cases; The Punong Barangay, or in his/her absence, any kagawad shall give counseling to respondent if relief requested involves support especially for education and medical needs.

STEPS IN HANDLING VAWC CASES AT THE BARANGAY LEVEL

Any barangay official or law enforcer who fails to report VAWC incident to the PNP shall be liable for a fine not exceeding P10,000.00 or whenever applicable criminal, civil or administrative liability. Administrative complaints against barangay official for failure to perform his/her duties shall be filed with the Sangguniang Panglungsod or Bayan for gross neglect of duty or misfeasance.

DUTIES AND FUNCTIONS OF PNP-WCPD IN VAWC CASES


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Upon receipt of complaint, the WCPD officer shall conduct investigation which include the taking of formal statement of the victim-survivor and collecting evidence necessary for the filing of the case; Immediately thereafter, the WCPD shall refer the victim-survivor to the nearest PNP crime laboratory, hospital or any medical facilities for medico-legal examination;

DUTIES AND FUNCTIONS OF PNP-WCPD IN VAWC CASES


3.

Only persons expressly authorized by the victimsurvivor shall be allowed by the WCPD officer inside a room where police investigation or medical/physical examination are being conducted in private, except in the case of a child victim-survivor which may require immediate presence of unoffending parent or guardian or social worker;

DUTIES AND FUNCTIONS OF PNP-WCPD IN VAWC CASES


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Ensure confidentiality of identity of victimsurvivor and all other parties to the case under investigation. WCPD officer must maintain a separate blotter and under no circumstances shall any police officer allow media access to information concerning VAWC reported to PNP;

DUTIES AND FUNCTIONS OF PNP-WCPD IN VAWC CASES


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After the conduct of police investigation, the WCPD officer shall refer the victim survivor to the social worker of the LGU, any available DSWD shelters, NGOs and other service providers for psychosocial intervention and rehabilitation programs; The WCPD officer shall forward investigation report, together with relevant evidence, and formal statements of witnesses and result of medico-legal examination to the prosecutor for filing of appropriate criminal action;

DUTIES AND FUNCTIONS OF PNP-WCPD IN VAWC CASES


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If victim-survivor has manifestations of Battered Woman Syndrome, the WCPD officer shall inform the punong barangay, the local social worker, or the concerned NGOs, local professional/civic groups for appropriate psychiatric and psychological evaluation which may form part of the evidence in court;

DUTIES AND FUNCTIONS OF PNP-WCPD IN VAWC CASES


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Assist in the application and enforcement of protection orders issued by the barangay or the court; Respond with the assistance of other police personnel, barangay officials, and other parties in interest, to a call for emergency assistance to ensure immediate protection of the victim-survivor by entering dwelling if necessary whether or not protection order was issued;

DUTIES AND FUNCTIONS OF PNP-WCPD IN VAWC CASES


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In case where perpetrator is armed or in possession of deadly weapon in plain view, cause the confiscation thereof with the assistance of other police personnel; Effect arrest of perpetrator by virtue of a warrant or effect warrantless arrest under Section 5, Rule 113 of the Rules of Court

(i.e., that a crime has been committed, is being committed or about to be committed or that any police officer has personal knowledge of facts indicating the commission of such crime);

DUTIES AND FUNCTIONS OF PNP-WCPD IN VAWC CASES


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WCPD officer or any designated police officer shall provide assistance to help the transfer of the victimsurvivor to a safe place of her own choice including removal of victim-survivors personal belongings except when the latter is deemed more secure to stay in their place of residence where perpetrator has been removed by virtue of a protection order;

DUTIES AND FUNCTIONS OF PNP-WCPD IN VAWC CASES


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Monitor and follow-up any VAWC case filed in court by maintaining periodic assessment report of all cases reported to PNP; and Participate in multidisciplinary mechanisms to help address the protection needs of the victim survivor of VAWC.

RULES & REGULATIONS ON THE REPORTING & INVESTIGATION OF CHILD ABUSE CASES Adopted on October 11, 1993, pursuant to Sec. 32, R.A. No. 7610 REPORTING A person who learns of facts or circumstances that give rise to the belief that a child has suffered abuse may report either orally or in writing to DSWD, to the police/law enforcement agency or BCPC

RULES & REGULATIONS ON THE REPORTING & INVESTIGATION OF CHILD ABUSE CASES

Mandatory reporting of head of any public/private hospital and the attending physician/nurse either orally or in writing to the DSWD the examination or treatment of a child who appears to have suffered abuse within 48 hours from knowledge of the same. Failure to report shall be punishable with a fine of not more than P2,000.00

RULES & REGULATIONS ON THE REPORTING & INVESTIGATION OF CHILD ABUSE CASES

Immunity for reporting: A person who, acting in good faith, shall report a case of child abuse shall be free from any civil or administrative liability arising therefrom. There shall be presumption that any such person acted in good faith.

RULES & REGULATIONS ON THE REPORTING & INVESTIGATION OF CHILD ABUSE CASES
INVESTIGATION Not later than 48 hours after receipt of a report on possible incident of child abuse, the DSWD shall: - immediately proceed to the home or establishment where the

alleged child is found - interview said child to determine whether abuse was committed, the identity of the perpetrator and need to remove child from the home/establishment or place him under protective custody When practicable, interview shall be conducted jointly with the police and/or barangay official

RULES & REGULATIONS ON THE REPORTING & INVESTIGATION OF CHILD ABUSE CASES

Protective Custody: if investigation shows sexual abuse, serious physical injury or life-threatening neglect of the child, the duly authorized officer or DSWD social worker shall immediately remove the child from the home/establishment and place him under protective custody Immunity of officer taking the child under Protective Custody

RULES & REGULATIONS ON THE REPORTING & INVESTIGATION OF CHILD ABUSE CASES DUTIES OF DSWD Shall inform the police/law enforcement agency whenever a child victim is placed under protective custody. Shall refer the child under protective custody to a govt medical or health officer for physical/mental examination and/or medical treatment. Determine rehabilitation or treatment program

RULES & REGULATIONS ON THE REPORTING & INVESTIGATION OF CHILD ABUSE CASES
DUTIES OF DSWD File a petition for the involuntary commitment of the child victim Shall ask the Court to suspend parental authority of the parent or lawful guardian who abused child victim. In 2 cases of sexual abuse, DSWD shall ask for permanent deprivation of parental authority Shall ask to transfer authority to the DSWD Shall immediately effect closure of establishment with the assistance of LGU, police/law enforcement agency Shall file appropriate criminal complaint against owner or manager of closed establishment

RULES & REGULATIONS ON THE REPORTING & INVESTIGATION OF CHILD ABUSE CASES

Complaint may be filed by: - offended party

- parent or legal guardian - ascendant or collateral relative of the child within 3rd degree of consanguinity - duly authorized officer or social worker - officer, social worker or representative of child caring institution - Barangay Chairman - at least 3 concerned citizens

RULES & REGULATIONS ON THE REPORTING & INVESTIGATION OF CHILD ABUSE CASES

Filing of criminal case with the prosecutors office together with the results of physical/mental examination and/or medical treatment and other evidence Upon filing of criminal complaint, DSWD shall ask the court to appoint guardian ad litem Confidentiality of identity of victim and all case records; exclusion of the public during the testimony of the child victim Speedy trial

ON AFFIDAVIT OF DESISTANCE

Non-dismissal of cases involving violations of RA 7610 as amended, despite desistance of victims, per DOJ Circular No. 54, dated September 8, 2002 Prosecutors are directed to relentlessly prosecute the offenders and vigorously oppose and/or manifest strong objection to motions for dismissal despite desistance of victims, neither shall motion to dismiss on account of such desistance be initiated by the prosecution.

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