At the custodial investigation, a child who has been taken into custody shall have the following rights: 

• (a) At the police station, to be immediately assisted by a lawyer and a social worker who shall make sure that the child is effectively informed of his/her rights, as far as the child’s maturity and discernment allow; 

• (b) To demand that the questioning or interrogation take place in conditions that respect the rights of the child and are compliant with child-sensitive procedural rules; 

• (c) To have the child’s family located and notified with dispatch; 

• (d) To be informed, together with the parents, guardians or custodians or nearest relatives, by the social welfare and development officer of the local government unit or of the Department of Social Welfare and Development of the consequences of the offense alleged to have been committed with a view towards counseling and rehabilitation, diversion from criminal justice system and reparation if appropriate;

• (e) To have the results of the child’s medical and dental examination kept confidential, unless otherwise ordered by the court; 

• Whenever medical treatment for any physical or mental defect is necessary, to demand that steps must be immediately taken by the medical officer to provide the child with the necessary and proper treatment; 

• (f) To have the right of privacy respected and protected at all times, including the utilization of all measures necessary to promote this right, including the exclusion of the media; and 

• (g) While under investigation, not to be fingerprinted or photographed in a humiliating and degrading manner. 

[See also Primer on the 2019 Supreme Court Revised Rule on Children in Conflict with the Law; and 2019 Supreme Court Revised Rule on Children in Conflict with the Law]

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P&L Law

Pamaos & Labao Law Firm (P&L Law) is a full-service professional legal firm, located in Metro Manila, Philippines | Telephone: (+632) 7799-0589 | Email: info@pnl-law.com | Website: http://pnl-law.com

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