(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the
child to the Social Welfare and Development Office or other accredited NGOs, and notify the
child's apprehension. The social welfare and development officer shall explain to the child
and the child's parents/guardians the consequences of the child's act with a view towards
counseling and rehabilitation, diversion from the criminal justice system, and reparation, if
appropriate;
(j) Take the child immediately to the proper medical and health officer for a thorough physical
and mental examination. The examination results shall be kept confidential unless otherwise
ordered by the Family Court. Whenever the medical treatment is required, steps shall be
immediately undertaken to provide the same;
(k) Ensure that should detention of the child in conflict with the law be necessary, the child
shall be secured in quarters separate from that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if so, the
reason for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have been
informed of the apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise
details of the physical and medical examination or the failure to submit a child to
such examination; and
(m) Ensure that all statements signed by the child during investigation shall be witnessed by
the child's parents or guardian, social worker, or legal counsel in attendance who shall affix
his/her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the same
gender and shall not be locked up in a detention cell.
SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her
investigation, determine where the case involving the child in conflict with the law should be referred.
The taking of the statement of the child shall be conducted in the presence of the following: (1)
child's counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the
child's parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare
and development officer. In the absence of the child's parents, guardian, or nearest relative, and the
local social welfare and development officer, the investigation shall be conducted in the presence of
a representative of an NGO, religious group, or member of the BCPC.
After the initial investigation, the local social worker conducting the same may do either of the
following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above
fifteen (15) but below eighteen (18) years old, who acted without discernment; and