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Human Rights are more than

legal concept.
They are the essence
of man. They are what makes
man human.
That is why they are called
Human Rights.
Deny them and you deny
mans humanity.
~~ Jose Diokno

BEST INTEREST OF THE CHILD

Refers to the totality of the circumstances and conditions which are
most congenial to the survival, protection and feelings of security of
the child and most encouraging to the child's physical, psychological
and emotional development. It also means the least detrimental
available alternative for safeguarding the growth and development of
the child.

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A. UNDERSTANDING CHILD ABUSE

BEST INTEREST OF THE CHILD

The State shall protect the best interests of the child through measures that will
ensure the observance of international standards of child protection, especially
those to which the Philippines is a party. Proceedings before any authority shall
be conducted in the best interest of the child and in a manner which allows the
child to participate and to express himself/herself freely. The participation of
children in the program and policy formulation and implementation related to
juvenile justice and welfare shall be ensured by the concerned government
agency. (Sec 2, RA 9344)

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A. UNDERSTANDING CHILD ABUSE

BEST
INTEREST
OFAge
THE
Children
Below the
of CHILD
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, in consultation with the local
social welfare and development officer, has the duty to immediately release the
child to the custody of his/her parents or guardian, or in the absence thereof,
the childs nearest relative. The child shall be subjected to a community-based
intervention program supervised by the local social welfare and development
officer, unless the best interest of the child requires the referral of the child to a
youth care facility or Bahay Pag-asa managed by LGUs or licensed and/or
accredited NGOs monitored by the DSWD. (SEC. 20, RA 10630)

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A. UNDERSTANDING CHILD ABUSE

Determination
of theOF
Bests
Interests
BEST INTEREST
THE
CHILDof the Child.- The following factors may be
considered in determining the best interests of a child in conflict with the law: the
child's age and sex, the child's mental and physical health, the mental and physical
health of the parents, their lifestyle and other social factors; the emotional ties
between the parents and the child, the ability of the parents to provide the child with
food, shelter, clothing and medical care; the established living pattern for the child
concerning school, home, community and religious institution, quality of schooling,
the existence of other relatives who may be in a better position to be with the child
and the child's relationship with these relatives; the child's background, maturity and
level of understanding, sexual lifestyle and any other characteristics and needs of
the child that the court may deem relevant. (Section 42. Rule on Juveniles in Conflict
with the Law. A.M. No. 02-1-18-SC. November 24, 2009)

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A. UNDERSTANDING CHILD ABUSE

INITIAL CONTACT WITH A CICL

It refers to the apprehension or taking into custody of a child in conflict with the
law by law enforcement officers or private citizens. It includes the time when
the child alleged to be in conflict with the law receives a subpoena under
Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons
under Section 6(a) or Section 9(b) of the same Rule in cases that do not require
preliminary investigation or where there is no necessity to place the child
alleged to be in conflict with the law under immediate custody.

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A. UNDERSTANDING CHILD ABUSE

INITIAL CONTACT WITH A CICL

CICL below 15 y/o
immediately release the child to the custody of his/her parents or

guardian, or in the absence thereof, the child's nearest relative.

give notice to the LSWD for appropriate program
If the parents, guardians or nearest relatives cannot be located, or if

they refuse to take custody?

Release to:
- duly registered NGO or religious organization;
- a barangay official or a member of the Barangay Council
for the Protection of Children
- a LSWD officer
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- or when and where appropriate, the
DSWD.
A. UNDERSTANDING CHILD ABUSE

INITIAL CONTACT WITH A CICL

If the CICL was found to be abandoned, neglected or abused by his

parents
or in the event that the parents will not comply with the prevention
program
involuntary commitment pursuant to Presidential Decree No. 603

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A. UNDERSTANDING CHILD ABUSE

INITIAL CONTACT WITH A CICL: PROCEDURE (SEC 21, RA 9344)

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;
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;
Properly identify himself/herself and present proper identification to the child;
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;
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;
Refrain from subjecting the child in conflict with the law to greater restraint
than is necessary for his/her apprehension;

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A. UNDERSTANDING CHILD ABUSE

INITIAL CONTACT WITH A CICL: PROCEDURE (SEC 21, RA 9344)

Avoid violence or unnecessary force;
Immediately but not later than eight (8) hours after apprehension, turn over
custody of the child to the SWD 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;
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;
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;
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A. UNDERSTANDING CHILD ABUSE

INITIAL CONTACT WITH A CICL: PROCEDURE (SEC 21, RA 9344)

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
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.

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A. UNDERSTANDING CHILD ABUSE

INITIAL CONTACT WITH A CICL: PROCEDURE (SEC 21, RA 9344)

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.

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A. UNDERSTANDING CHILD ABUSE

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B. Attacks on the Lumad Kids of Mindanao

Militarization
Lumad areas
Where there is a strong resistance against environmental plunder.
"It is a form of ethnocide but it is worse because there are specific
characteristics of impunity and killings targeting the Lumad. What is
alarming is that it is happening all over Mindanao,
~~ Dulphing Ogan
(Kalumaran Secretary General)
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B. Attacks on the Lumad Kids of Mindanao

Who are the Lumads?

Born of the Earth, Indigenous, Homegrown
Indigenous People of Mindanao

15-18 ethno-linguistic groups in Mindanao. Among

those usually included as Lumad are the Subanen,
Blaan, Mandaya, Higaonon, Banwaon, Talaandig,
Ubo, Manobo, Tboli, Tiruray, Bagobo,Tagakaolo,
Dibabawon, Manguangan, and Mansaka.

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B. Attacks on the Lumad Kids of Mindanao

The Lumad Schools

Tribal Filipino Program of Surigao del Sur (TRIFPSS)
Alternative Learning Center for Agriculture and Livelihood
Development (Alcadev)

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

May 2015
Several villages in Davao Del Norte were militarized.
Human rights groups reported of cases of harassments,
vilification and indiscriminate firing
24 primary and secondary schools were shut down
and the teachers were threatened to be killed.
700 Lumads were displaced. Became refugees
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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

June
Deped declared not closed but just not reopened.
Declared military men as new teachers
NGO who created the school protested

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

June 23
500 Policemen and Nancy Catamco stormed the UCCP
compound sheltering the lumad refugees
Media releases says to rescue.

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

June
26 Beyani, theUnited Nations special rapporteur on the
Chaloka
human rights of internally displaced persons, went to the
evacuation center in Davao City to talk to the tribal leaders and
displaced residents.
He said that his impression was the Lumad were not being
detained inside the evacuation center contrary to the claims of
the military. Beyani said no one should forcibly take away the
Lumad from
the evacuation center.

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

August 18
Five Lumad, including a 13-year-old and a 17-year-old, were
killed by the Special Forces in Pangantucan town in Bukidnon.
Military said they were rebels
NPA denied, said they were civilians.
Relatives of the victims stated they were indeed civilians
Because of this, Military claimed they were indeed civilians
but were killed by the rebels.

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

August
24
A 14-year-old
Manobo girl from Talaingod filed rape charges
against 3 soldiers.
The military confirmed that the suspects were soldiers, but
explained that the charges were dropped after they paid
P63,000 to the family.

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

August 27
11 Manobo tribal leaders and farmers were arrested
Military said they were NPA
Isidro Indao, spokesperson of the Kahugpongan sa
mga Mag-uuma sa Kitaotao (KMK), said these
lumads were targeted because they were vocal in
the campaign against human rights abuses in the
mountain communities and were calling for the
military, not to occupy civilian villages.

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

August 28
Lumad brothers Crisanto and Loloy Tagugol were killed in the
poblacion area of San Miguel town in Surigao del Sur.
Killed by Bagani Paramilitary Group, led by Jasmin Acevedo
Families and Children fled their homes; became
internal refugees

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

September 1
Emerico Samarca was killed by Bagani and military personnel
He was found hogtied, with a stab wound, his throat slit open
inside a classroom.
He was the executive director of the Alcadev School

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

September 1
After killing Samarca, the armed men peppered with bullets
Dionel Campos and his cousin Datu Bello Sinzo while the entire
village was watching.
Campos is a tribal leader known for his firm position on the
protection of ancestral lands and its campaign against human
rights violations targeting indigenous people.
2000 lumads, women and their Children fled their
homes

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

September 4

A village in Pangantucan, Bukidnon were attacked by military

men in full battle gears in tanks and trucks
The Lumads fled their homes

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

September 8
Five Lumad evacuees were arrested by a cop in Tandag City for
distributing leaflets about the recent attacks.
Ogan of Kalumaran said his group had documented
only the major cases. There are other reports of
daily harassment, zoning, and occupation done by
the military and paramilitary groups.

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

Last week
In a budget hearing in Congress, the military denied all of these
They claimed the Bagani paramilitary groups were
bandits, not under their command.

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B. Attacks on the Lumad Kids of Mindanao

Timeline: Attacks on the Lumads

Media Statements from Johnny Pimentel, Surigao del Sur
Governor.
There is a serious breakdown of law and order because these
people (militias) think theyre above the law.
when it is very clear they are under the control and supervision
of the Army and can even be seen inside their camps.

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B. Attacks on the Lumad Kids of Mindanao

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B. Attacks on the Lumad Kids of Mindanao

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B. Attacks on the Lumad Kids of Mindanao

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B. Attacks on the Lumad Kids of Mindanao

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B. Attacks on the Lumad Kids of Mindanao

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B. Attacks on the Lumad Kids of Mindanao

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B. Attacks on the Lumad Kids of Mindanao

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B. Attacks on the Lumad Kids of Mindanao

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B. Attacks on the Lumad Kids of Mindanao

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B. Attacks on the Lumad Kids of Mindanao