Best Interest of the Child doctrine

7/17/2019 Best Interest of the Child doctrine

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ABUSO



Human Rights are more thanlegal concept.

They are the essenceof man. They are what makes

man human. That is why they are calledHuman Rights.

eny them and you denyman!s humanity.

"" #ose iokno



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A. U%&RSTA%'%( )H'* ABUS&

B&ST '%T&R&ST O+ TH& )H'*

Refers to the totality of the circumstances and conditionmost congenial to the sur,i,al- protection and feelings o

the child and most encouraging to the childs physical- pand emotional de,elopment. 't also means the least deta,aila/le alternati,e for safeguarding the growth and dethe child.



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B&ST '%T&R&ST O+ TH& )H'* The State shall protect the /est interests of the child through meaensure the o/ser,ance of international standards of child protectithose to which the 0hilippines is a party. 0roceedings /efore any a/e conducted in the /est interest of the child and in a manner whchild to participate and to e1press himself2herself freely. The partchildren in the program and policy formulation and implementatio

3u,enile 3ustice and welfare shall /e ensured /y the concerned goagency. 4Sec 5- RA 67889



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B&ST '%T&R&ST O+ TH& )H'*Children Below the Age of Criminal Responsibility . : 'f it has /eenthat the child taken into custody is ;fteen 4<=9 years old or /elowwhich will ha,e an initial contact with the child- in consultation wi

social welfare and de,elopment o>cer- has the duty to immediatchild to the custody of his2her parents or guardian- or in the a/senthe child!s nearest relati,e. The child shall /e su/3ected to a cominter,ention program super,ised /y the local social welfare and do>cer- unless the /est interest of the child re@uires the referral oyouth care facility or Bahay 0ag?asa! managed /y *(Us or licenseaccredited %(Os monitored /y the S. 4S&). 5C- RA <CD7C9



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B&ST '%T&R&ST O+ TH& )H'*Determination of the Bests Interests of the Child. ? The following factors mconsidered in determining the /est interests of a child in conFict with thechilds age and se1- the childs mental and physical health- the mental anhealth of the parents- their lifestyle and other social factors the emotion

/etween the parents and the child- the a/ility of the parents to pro,ide thfood- shelter- clothing and medical care the esta/lished li,ing pattern foconcerning school- home- community and religious institution- @uality of sthe e1istence of other relati,es who may /e in a /etter position to /e witand the childs relationship with these relati,es the childs /ackground- mle,el of understanding- se1ual lifestyle and any other characteristics and the child that the court may deem rele,ant. 4Section 85. Rule on #u,enile

with the *aw. A.I. %o. C5?<?<J?S). %o,em/er 58- 5CC69



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'%'T'A* )O%TA)T 'TH A )')*'t refers to the apprehension or taking into custody of a child in colaw /y law enforcement o>cers or pri,ate citiKens. 't includes thethe child alleged to /e in conFict with the law recei,es a su/poen

Section 74/9 of Rule <<5 of the Re,ised Rules of )riminal 0rocedurunder Section D4a9 or Section 64/9 of the same Rule in cases that preliminary in,estigation or where there is no necessity to place talleged to /e in conFict with the law under immediate custody.



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'%'T'A* )O%TA)T 'TH A )')*

L )')* /elow <= y2o

L immediately release the child to the custody of his2her pareguardian- or in the a/sence thereof- the childs nearest relati,L gi,e notice to the *S for appropriate program

L 'f the parents- guardians or nearest relati,es cannot /e locathey refuse to take custodyM

L Release toG? duly registered %(O or religious organiKation? a /arangay o>cial or a mem/er of the Barangay )ouncil

for the 0rotection of )hildren? a *S o>cer? or when and where appropriate- the S.



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'%'T'A* )O%TA)T 'TH A )')*

L 'f the )')* was found to /e a/andoned- neglected or a/use

parentsL or in the e,ent that the parents will not comply with the preprogramL in,oluntary commitment pursuant to 0residential ecree %o



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'%'T'A* )O%TA)T 'TH A )')*G 0RO)&UR& 4S&) 5<- RA 67

L &1plain to the child in simple language and in a dialect that he2she canunderstand why he2she is /eing placed under custody and the oNense th

he2she allegedly committedL 'nform the child of the reason for such custody and ad,ise the child of hconstitutional rights in a language or dialect understood /y him2herL 0roperly identify himself2herself and present proper identi;cation to theL Refrain from using ,ulgar or profane words and from se1ually harassinga/using- or making se1ual ad,ances on the child in conFict with the lawL A,oid displaying or using any ;rearm- weapon- handcuNs or other

instruments of force or restraint- unless a/solutely necessary and only afother methods of control ha,e /een e1hausted and ha,e failedL Refrain from su/3ecting the child in conFict with the law to greater restrthan is necessary for his2her apprehension



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L A,oid ,iolence or unnecessary forceL 'mmediately /ut not later than eight 4J9 hours after apprehension- turn

custody of the child to the S O>ce or other accredited %(Os- and notchilds apprehension. The social welfare and de,elopment o>cer shall e1the child and the childs parents2guardians the conse@uences of the childwith a ,iew towards counseling and reha/ilitation- di,ersion from the crim

3ustice system- and reparation- if appropriateL Take the child immediately to the proper medical and health o>cer for thorough physical and mental e1amination. The e1amination results shal

con;dential unless otherwise ordered /y the +amily )ourt. hene,er thetreatment is re@uired- steps shall /e immediately undertaken to pro,ide tsameL &nsure that should detention of the child in conFict with the law /e nec the child shall /e secured in @uarters separate from that of the opposite se1 and adult oNenders



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L Record the following in the initial in,estigationG<. hether handcuNs or other instruments of restraint were used- and

the reason for such5. That the parents or guardian of a child- the S- and the 0AC ha,

informed of the apprehension and the details thereof and7. The e1haustion of measures to determine the age of a child and th

precise details of the physical and medical e1amination or the failure to schild to such e1amination andL &nsure that all statements signed /y the child during in,estigation shal

witnessed /y the childs parents or guardian- social worker- or legal counattendance who shall a>1 his2her signature to the said statement.



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A child in conFict with the law shall only /e searched /y a lawenforcement o>cer of the same gender and shall not /e locked updetention cell.



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B. Attacks on the *umad ids of Iindanao



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B. Attacks on the *umad ids of Iindanao

• *umad areas•

here there is a strong resistance against en,ironme

IilitariKation

• P't is a form of ethnocide /ut it is worse /ecause therecharacteristics of impunity and killings targeting the *alarming is that it is happening all o,er Iindanao-Q

"" ulphing Ogan 4alumaran Secretary (eneral9



$$$$$$$$$$$$$$ B. Attacks on the *umad ids of Iindanao

• Born of the &arth- 'ndigenous- Homegrown• 'ndigenous 0eople of Iindanao

•

<=?<J ethno?linguistic groups in Iindanao. Amothose usually included as *umad are the Su/aneB!laan- Iandaya- Higaonon- Banwaon- TalaandigU/o- Iano/o- T!/oli- Tiruray- Bago/o-Tagakaolo-i/a/awon- Ianguangan- and Iansaka.

ho are the *umadsM




The *umad Schools

• Tri/al +ilipino 0rogram of Surigao del Sur 4TR'+0SS9• Alternati,e *earning )enter for Agriculture and *i,elih

e,elopment 4Alcade,9




TimelineG Attacks on the *umads

Iay 5C<=

58 primary and secondary schools were shut down

and the teachers were threatened to /e killed.

CC *umads were displaced. Became refugees

Se,eral ,illages in a,ao el %orte were militariKed.

Human rights groups reported of cases of harassments-,ili;cation and indiscriminate ;ring





#une

%(O who created the school protested

eped declared Qnot closed /ut 3ust not reopened.

eclared military men as new teachers





#une 57

Iedia releases says Qto rescue.

=CC 0olicemen and %ancy )atamco stormed the U))0compound sheltering the lumad refugees





#une 5D

He said that his impression was the *umad were not /eingdetained inside the e,acuation center contrary to the claimthe military. Beyani said no one should forci/ly take away

*umad fromthe e,acuation center.

)haloka Beyani- the United %ations special rapporteur on t

human rights of internally displaced persons- went to thee,acuation center in a,ao )ity to talk to the tri/al leaderdisplaced residents.





August <J

Iilitary said they were re/els%0A denied- said they were ci,ilians.Relati,es of the ,ictims stated they were indeed ci,ilians

Because of this- Iilitary claimed they were indeed ci,ilian/ut were killed /y the re/els.

+i,e *umad- including a <7?year?old and a <?year?old- werkilled /y the Special +orces in 0angantucan town in Bukidn





August 58A <8?year?old Iano/o girl from Talaingod ;led rape charge

against 7 soldiers.

The military con;rmed that the suspects were soldiers- /ue1plained that the charges were dropped after they paid0D7-CCC to the family.





August 5

<< Iano/o tri/al leaders and farmers were arrested

Iilitary said they were %0A'sidro 'ndao- spokesperson of the ahugpongan samga Iag?uuma sa itaotao 4I9- said theselumads were targeted /ecause they were ,ocal in

the campaign against human rights a/uses in themountain communities and were calling for themilitary- not to occupy ci,ilian ,illages.





August 5J

*umad /rothers )risanto and *oloy Tagugol were killed in tpo/lacion area of San Iiguel town in Surigao del Sur.

illed /y Bagani 0aramilitary (roup- led /y #asmin Ace,ed

+amilies and )hildren Fed their homes /ecame

internal refugees





Septem/er <

&merico Samarca was killed /y Bagani and military person

He was found hogtied- with a sta/ wound- his throat slit opinside a classroom.

He was the e1ecuti,e director of the Alcade, School





Septem/er <After killing Samarca- the armed men peppered with /ullet

ionel )ampos and his cousin atu Bello SinKo while the e,illage was watching.

)ampos is a tri/al leader known for his ;rm position on thprotection of ancestral lands and its campaign against humrights ,iolations targeting indigenous people.

5CCC lumads- women and their )hildren Fed theirhomes





Septem/er 8

A ,illage in 0angantucan- Bukidnon were attacked /y militmen in full /attle gears in tanks and trucks

The *umads Fed their homes





Septem/er J

+i,e *umad e,acuees were arrested /y a cop in Tandag )itdistri/uting leaFets a/out the recent attacks.

Ogan of alumaran said his group had documentedonly the ma3or cases. There are other reports ofdaily harassment- Koning- and occupation done /y

the military and paramilitary groups.





*ast week

'n a /udget hearing in )ongress- the military denied all of

They claimed the Bagani paramilitary groups wereQ/andits- not under their command.




TimelineG Attacks on the *umadsIedia Statements from #ohnny 0imentel- Surigao del Su(o,ernor.

QThere is a serious /reakdown of law and order /ecause thpeople 4militias9 think they!re a/o,e the law.

Qwhen it is ,ery clear they are under the control and superof the Army and Qcan e,en /e seen inside their camps.




























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Best Interest of the Child doctrine