SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the
child taken into custody is fifteen (15) years old or below, the authority which will have an initial
contact with the child has the duty to immediately release the child to the custody of his/her parents
or guardian, or in the absence thereof, the child's nearest relative. Said authority shall give notice to
the local social welfare and development officer who will determine the appropriate programs in
consultation with the child and to the person having custody over the child. If the parents, guardians
or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to
any of the following: a duly registered nongovernmental or religious organization; a barangay official
or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare
and development officer; or when and where appropriate, the DSWD. If the child referred to herein
has been found by the Local Social Welfare and Development Office 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 DSWD or the Local Social
Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The
Child and Youth Welfare Code".
TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL CONTACT WITH THE CHILD
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into
custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she can understand why
he/she is being placed under custody and the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her;
(e) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or
making sexual advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or
restraint, unless absolutely necessary and only after all other methods of control have been
exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is
necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of this Act;