JUVENILE DELINQUENCY & JUVENILE JUSTICE SYSTEM

Dan Jerome S. Barrera

College of Criminal Justice Education
Negros Oriental State University

MODULE 4
HANDLING CHILDREN IN CONFLICT WITH THE LAW PART II

INTRODUCTION

In the previous module, we discussed about the initial contact with the child and
the processes in handling children in conflict with the law (CICL) who are exempted from
criminal liability. In this module, we shall discuss how to handle CICLs who can incur
criminal liability. Not all children are exempted from being imprisoned. It is the job of
the law enforcement officer (LEO) to handle these children properly in accordance to the
law.
But, CICLs who can incur criminal liability may still be saved from being sent to
prison. The law mandates several measures to do this. Along the process, CICLs may
undergo diversion proceedings so that they can undergo a diversion program either
community-based or center-based. Also, even if the CICL has been convicted guilty by
the court, the court shall automatically suspend the execution of the sentence and
instead send the CICL for center-based rehabilitation. We shall learn all of these nuances
in this module.

COURSE LEARNING OUTCOMES

At the end of this module, you are expected identify the steps in handling
children in conflict with the law who can incur criminal liability.

CONTENTS OF THE MODULE

This module contains the following lessons:

Lesson 1: CICL who acted with discernment
Lesson 2: CICL who committed victimless crimes

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 2

DIRECTIONS ON HOW TO USE THE MODULE PROPERLY

In order for you to maximize the use of this module, keep in mind that:

1. This module comprises two lessons and each is discussed with relevant course
content. You may (or may not) read other sources within the limits of your means.
2. You must be mindful of the learning outcomes of this module. Be sure you are
able to attain such aims after studying the entire module.
3. You must answer all learning exercises and activities.
4. You can contact me if you have questions, clarifications or suggestions for the
class.

LESSON 1- CICL WHO ACTED WITH DISCERNMENT

SPECIFIC LEARNING OUTCOMES

After reading this lesson, you shall be able to:

 Identify the steps in handling CICL who acted with discernment; and
 Discuss the challenges in handling CICL who acted with discernment.

MOTIVATING/PROMPTING QUESTION

If you were a police officer, how would you handle children in conflict with the
law who acted with discernment? These children can incur criminal liability. However,
they are not automatically sent to jail or prison. In line with the restorative justice
perspective, the Juvenile Justice and Welfare System strive to divert them away from
court proceedings but instead undergo diversion proceeding in determining their
responsibility due to the offense committed. What are the nuances of the stages in
handling this type of children? We will find out later in this lesson.

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 3

DISCUSSION

In this lesson, we shall discuss the process in handling children in conflict with the
law who may incur criminal liability. Figure 1 shows the initial steps in handling such
children. This process is for CICL who are at least 15 years and 1 day but not more
than 18 years old and committed an offense with penalty of not more than 6 years
of imprisonment and acted with discernment.

After the law enforcement officer (LEO) has turned over the CICL to the
Katarungang Pambarangay, the punong barangay shall review the LEO’s report and
consult the LSWDO to determine if diversion proceeding is appropriate.

1. If diversion proceedings are appropriate, the punong barangay shall convene a

diversion committee. Then the committee shall conduct diversion proceedings
with the CICLE, his or her parents, victim or parents of the victim), which shall
complete it within 45 days.

If the CICL and the parents agree to the diversion contract, the CICL shall
undergo the diversion program contained in the diversion contract.

The punong barangay, with the assistance of the BCPC, shall supervise the
implementation of the diversion program and the Local Social and Welfare
Development Officer (LSWDO) shall monitor the CICL’s progress. The program
shall be implemented not more than 2 years.

If the diversion program is successful, the LSWDO shall prepare a terminal report
to close the case

2. The case shall be forwarded to the Women and Children’s Protection Desk
(WCPD) or prosecutor

a. if diversion proceedings are inappropriate for the CICL;

b. if the CICL and his or her parents do not agree to the diversion contract; and

c. if the diversion program implementation is unsuccessful.

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 4

Figure 1. For Katarungang Pambarangay and LSWDO. Process for CICLs above 15
years old and ACTED WITH DISCERNMENT with penalty below 6 years. Taken from
JJWC (2019). Retrieved from shorturl.at/oGLYZ.

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 5

Figure 2 continues the process in handling children who have acted with
discernment. This process starts after the punong barangay has forwarded the case to
the WCPD. The WCPD officer shall review the report on CICL and consult the LSWDO if
the diversion proceedings are appropriate for the child.

1. If the diversion proceedings to determine the responsibility of the CICL are

appropriate, the WCPD officer shall convene a diversion committee, which shall
conduct the diversion proceedings.

If the CICL and his or her parents agree to the diversion contract, the LSWDO shall
take over and supervise the diversion program while the the LSWDO implements
the diversion program. The program shall not exceed beyond 2 years.

If the diversion program is successful, a final report on diversion program shall be

completed for the closure of the case.

2. The case shall be forwarded to the prosecutor,

a. If the diversion proceedings are not appropriate for the CICL;

b. If after the diversion proceedings, the CICL and his or her parents do not agree
with the diversion contract containing the diversion program; and

c. If the implementation of the diversion program is not successful.

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 6

Figure 2. For WCPD and LSWDO. Continuation of the (Fig 3) process for CICLs above
15 years old and ACTED WITH DISCERNMENT with penalty below 6 years. Taken from
JJWC (2019). Retrieved from shorturl.at/oGLYZ.

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 7

LEARNING ACTIVITIES/EXERCISES

Instruction: Send the photo of yourself while answering in Type A uniform and the
photo of your answers in a yellow pad paper to the FB Page DJB Criminology Students.
Indicate your campus, subject, section, and full name. Thanks. God bless.

1. Draw the barangay process in handling CICL who have acted with discernment.
2. Draw the WCPD process in handling CICL who have acted with discernment.

TEACHER INTEVENTION

Should you have queries/clarifications related to our class, please send me a

message through FB messenger (FB Account: Dan Jerome Barrera). Submit your outputs
to the FB Page DJB Criminology Students.

ASSESSMENT

Instruction: Write your answers on as many yellow pad pages you would need.
Take a photo of yourself (in Type A or Type B uniform) answering the questions and the
yellow pad pages. Send the photos to the FB Page DJB Criminology Students. Indicate
your campus, subject, section, and full name. Thanks. God bless.

1. Draw and discuss in 150 words the barangay process in handling CICL who have
acted with discernment.
2. Draw and discuss in 150 word the WCPD process in handling CICL who have acted
with discernment.

ASSIGNMENT

Instruction: Write your answers on one yellow pad paper (100 words per item). Take a
photo of yourself answering the questions and the yellow pad pages. Send the photos
to the FB Page DJB Criminology Students. Indicate your campus, subject, section, and
full name. Thanks. God bless.

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 8

1. What were the challenges you faced in working with this module? How did you
deal with them?
2. What were the interesting things you discovered upon working with this module?

References

Juvenile Justice and Welfare Council. (2019). Process flow charts in handling cases of
CAR and CICL. Retrieved from https://www.jjwc.gov.ph/wp-
content/uploads/2020/06/ICMP-Process-Flowcharts-in-Handling-Cases-of-CAR-and-
CICL.pdf

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 9

Lesson 2 - CICL WHO COMMITTED VICTIMLESS CRIMES

SPECIFIC LEARNING OUTCOMES

At the end of this lesson, you shall be able to:

 Handle children who have committed victimless crimes; and
 Identify the challenges in handling this type of children.

MOTIVATING/PROMPTING QUESTIONS

How should LEOs handle CICLs who have committed victimless crimes or CICL
who have violated local ordinance? In the previous lesson, we discussed the process in
handling CICL who have committed crime and acted with discernment during the
commission of the offense. In this lesson, we shall discuss the process in handling CICLs
who have committed victimless crimes and violated local ordinances.

DISCUSSION

Victimless crimes

Victimless crimes are crimes or offenses that have no private offended party.
Examples of this type of crime are drug crimes and illegal gambling. If CICLs have
committed such type of crimes, there will be no private offended party. Therefore, a
community-based diversion program where the victim and his or her parents can attend
cannot be implemented. Nevertheless, the LSWDO can facilitate the diversion
proceedings.

1. The LSWDO shall determine if the diversion proceedings are appropriate. If it is

appropriate, the LSWDO shall initiate the diversion proceedings with the child, his or her
parents, and the BCPC.

If the CICL and his or her parents agree to the diversion contract, the CICL shall undergo
the diversion program which shall not last beyond 2 years.

If the diversion program is successful, the LSWDO shall prepare the report on the
diversion program for the closure of the case.

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 10

2. The LSWDO shall forward the case to the prosecutor,

a. If the diversion proceedings are not appropriate;

b. If the CICL and his or her parents do not agree with the diversion contract; and

c. If the implementation of the diversion program is unsuccessful.

Violation of local ordinance

If the child has violated a local ordinance,

1. The LEO shall refer the child to the barangay who shall take the custody of the child.

2. The barangay shall register the child as child at risk 9CAR) in the CAR logbook.

3. If the child is a resident of the barangay, the barangay tanod shall

a. Interview and fill out the referral form;

b. Notify the parents or guardians of the CAR; and

c. Turn over the child to his or her parents or guardians;

However, if the parents or guardians cannot be located, the child shall be turned
over to the LSWDO. The LSWDO shall conduct an interview and assessment of the
child and conduct an intervention conferencing with the child, parents, BCPC, to
formulate a community-based intervention program.

4. If the child is not a resident of the barangay, the LEO shall turn over the child to the
barangay where the child resides. The barangay tanod shall

a. Interview and fill out the referral form;

b. Notify the parents or guardians of the CAR;

c. Turn over the child to his or her parents or guardians;

However, if the parents or guardians cannot be located, the child shall be turned
over to the LSWDO. The LSWDO shall conduct an interview and assessment of the
child and conduct an intervention conferencing with the child, parents, BCPC, to
formulate a community-based intervention program.

If the LEO cannot turn over the child to the barangay where the child is a resident, the
LEO shall refer the child to the LSWDO for appropriate action.

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 11

Figure 6. For LSWDO. Process for CICLs above 15 years old and ACTED WITH
DISCERNMENT in committing VICTIMLESS CRIMES with penalty below 6 years. Taken
from JJWC (2019). Retrieved from shorturl.at/oGLYZ.

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 12

Figure 7. For Barangay and LSWDO. Handling CARs who violate local ordinance. Taken
from JJWC (2019). Retrieved from shorturl.at/oGLYZ.
This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 13

LEARNING ACTIVITIES/EXERCISES

Instruction: Send the photo of yourself while answering in Type A uniform and the
photo of your answers in a yellow pad paper to the FB Page DJB Criminology Students.
Indicate your campus, subject, section, and full name. Thanks. God bless.

1. Draw the process in handling CICLs who have committed a victimless crime.
2. Draw the process in handling CARs who have violated local ordinances.

TEACHER INTEVENTION

Should you have queries/clarifications related to our class, please send me a

message through FB messenger (FB Account: Dan Jerome Barrera). Submit your outputs
to the FB Page DJB Criminology Students.

ASSESSMENT

Instruction: Send the photo of yourself while answering in Type A uniform and the
photo of your answers in a yellow pad paper to the FB Page DJB Criminology Students.
Indicate your campus, subject, section, and full name. Thanks. God bless.

1. Draw and discuss in 150 words the process in handling CICLs who have committed
a victimless crime.
2. Draw and discuss in 150 words the process in handling CARs who have violated
local ordinances.

ASSIGNMENT

Instruction: Write your answers on one yellow pad paper (100 words per item). Take a
photo of yourself answering the questions and the yellow pad pages. Send the photos
to the FB Page DJB Criminology Students. Indicate your campus, subject, section, and
full name. Thanks. God bless.

1. What were the challenges you faced in working with this module? How did you
deal with them? (100 words)
2. What were the interesting things you discovered upon working with this module?
(100 words)

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 14

REFERENCES

Juvenile Justice and Welfare Council. (2019). Process flow charts in handling cases of
CAR and CICL. Retrieved from https://www.jjwc.gov.ph/wp-
content/uploads/2020/06/ICMP-Process-Flowcharts-in-Handling-Cases-of-CAR-and-
CICL.pdf

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 15

Bible Verses When You are Afraid1

1. “So do not fear, for I am with you; do not be dismayed, for I am your God. I will
strengthen you and help you; I will uphold you with my righteous right hand.”
~ Isaiah 41:10
2. “When I am afraid, I put my trust in you." ~ Psalm 56:3
3. “Do not be anxious about anything, but in every situation, by prayer and petition,
with thanksgiving, present your requests to God. And the peace of God, which
transcends all understanding, will guard your hearts and your minds in Christ Jesus.”
~ Philippians 4:6-7
4. “Peace is what I leave with you; it is my own peace that I give you. I do not give it
as the world does. Do not be worried and upset; do not be afraid.” ~ John 14:27
5. “For God has not given us a spirit of fear, but of power and of love and of a sound
mind.” ~ 2 Timothy 1:7
6. “There is no fear in love. But perfect love drives out fear, because fear has to do
with punishment. The one who fears is not made perfect in love.” ~ 1 John 4:18
7. “When anxiety was great within me, your consolation brought joy to my soul.”
~ Psalm 94:19
8. “But now, this is what the Lord says…Fear not, for I have redeemed you; I have
summoned you by name; you are mine.” ~ Isaiah 43:1
9. “An anxious heart weighs a man down, but a kind word cheers him up.”
~ Proverbs 12:25
10. “Even though I walk through the valley of the shadow of death, I will fear no evil,
for you are with me; your rod and your staff, they comfort me.” ~ Psalm 23:4
11. “Have I not commanded you? Be strong and courageous. Do not be terrified; do
not be discouraged, for the Lord your God will be with you wherever you go.”
~ Joshua 1:9
12. “Therefore do not worry about tomorrow, for tomorrow will worry about itself.
Each day has enough trouble of its own.” ~ Matthew 6:34
13. “Humble yourselves, then, under God’s mighty hand, so that he will lift you up in
his own good time. Leave all your worries with him, because he cares for you.” ~ 1
Peter 5:6-7

1
Taken from https://www.crosswalk.com/blogs/debbie-mcdaniel/33-verses-to-remind-us--we-do-not-have-to-
fear.html
This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
 16

14. “Tell everyone who is discouraged, Be strong and don’t be afraid! God is coming
to your rescue…” ~ Isaiah 35:4
15. “Do not worry about your life, what you will eat; or about your body, what you
will wear. Life is more than food, and the body more than clothes. Consider the
ravens: They do not sow or reap, they have no storeroom or barn; yet God feeds
them. And how much more valuable you are than birds! Who of you by worrying
can add a single hour to his life? Since you cannot do this very little thing, why do
you worry about the rest?” ~ Luke 12:22-26
16. “The Lord is my light and my salvation—whom shall I fear? The Lord is the
stronghold of my life—of whom shall I be afraid?” ~ Psalm 27:1
17. “Cast your cares on the Lord and he will sustain you; he will never let the
righteous fall.” ~ Psalm 55:22
18. “Immediately he spoke to them and said, 'Take courage! It is I. Don’t be afraid.'”
~ Mark 6:50
19. “Be strong and courageous. Do not be afraid or terrified because of them, for
the Lord your God goes with you; he will never leave you nor forsake you.”
~ Deuteronomy 31:6
20. “'For I am the Lord, your God, who takes hold of your right hand and says to you,
Do not fear; I will help you. Do not be afraid, for I myself will help you,' declares the
Lord, your Redeemer, the Holy One of Israel.” ~ Isaiah 41:13-14

This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.