CHAPTER VIII
TREATMENT OF CHILDREN/MINORS BELOW THE AGE OF CRIMINAL RESPONSIBILITY
Section 37. MONITORING/REPORTING. Barangay officials, including the Miagao Peace and Order Council (MPOC), are authorized to monitor and report the commission of prohibited acts, and, if necessary, to take into custody streetchildren and children/minors in conflict with the law.
Section 38. CHILDREN/MINORS BELOW THE AGE OF CRIMINAL RESPONSIBILITY. If it has been determined that the child/minor taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child/minor has the duty to bring the child/minor to the nearest Center.
The law enforcers shall notify the child’s/minor’s parent/s, nearest relative/s or guardian/s on the whereabouts of the child/minor. The child/minor shall be released immediately to the parent/s, nearest relative/s or guardian/s on recognizance who shall be responsible for the child’s/minor’s appearance whenever required. The parent/s, nearest relative/s or guardian/s shall execute an undertaking that he/she shall take custody of the child/minor and surrender the said child/minor whenever required by the Court or competent authorities.
Said law enforcers shall likewise give notice to the MSWDO who will determine the appropriate programs in consultation with the child and to the person having custody over the child.
Children/minors who have not been claimed by their parents after 4:00 A.M. shall be committed to the care of the MSWDO within a reasonable time of the same day. The MSWDO shall commit such child/minor to the custody or care of the Department of Social Welfare and Development in accordance with P.D. 603 otherwise known as The Child and Youth Welfare Code.
If the parent/s, guardian/s or nearest relative/s cannot be located, or if they refuse to take custody, the child/minor may be released to any of the following:
(1) a duly registered nongovernmental or religious organization;
(2) a barangay official or a member of the Barangay Council for the Protection of Children (BCPC);
(3) MSWDO, if the child/minor referred to herein has been found by the MSWDO to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the MSWDO pursuant to Presidential Decree No. 603, otherwise known as “The Child and Youth Welfare Code”.
In cases where the child/minor falls within the provision of Section 4 (hh)(2 & 3), Article 1, Chapter I, said child/minor shall not be released. Instead, the case shall be immediately endorsed to the MSWDO who shall immediately undertake the necessary steps for the determination of the appropriate measures and/or intervention or diversion program.