juvenile justice system in the philippines essay

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• What Is Juvenile Justice In The Philippines | Juvenile Welfare

by  RALB Law

Introduction

What is juvenile justice in the Philippines? Various news across the globe involving youth as malefactor of crimes are being, if not shocking, tend to be alarming. There is this instance wherein a mass shooting in school, a murder of siblings, rape and other heinous crimes were reported in the mainstream media that unimaginably caused by youth.

It is then notable that this condition is prevalent not just in one country setting but applies as a social issue to the majority.  To address such, there is juvenile justice in place both in international and domestic settings which the latter usually adopts the former.

The Backdrop of the Juvenile Justice

Juvenile delinquency is defined as acts committed by juveniles which would be tantamount to a crime if committed by an adult.  What sets it apart from other acts or crimes is there lies a question of how a person with such a tender age committed an unlawful act.

A minority is weighed with such a touch of fragility that instead of regarding its acts with absolute condemnation, the public is more considerate and therefore, applies a prospective manner that paves a way for the minor to correct his ways rather than be just punished.

On this approach, it is influenced by various reasons such as it is more likely that they are the victims themselves of other social circumstances and that their rights are more prone to be abused.

Juvenile justice system is then established which seek to set juveniles apart from adult criminals and remove them from the ordinary course of criminal prosecution in order to engage them instead for treatment and rehabilitation.

In the international setting, pursuant to Article 40 of the United Nations Convention on the Rights of the Child (UNCRC), Republic Act (RA) No. 9344 provides:

“x x . . that the State recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, taking into account the child’s age and desirability of promoting his/her reintegration. Whenever appropriate and desirable, the State shall adopt measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care ”.(( Section 2[d], RA 9344 ))

It refers the child herein as any person under the age of 18. It is also note taking that what it entails is in opposition of the general principles of criminal law . Rather than incurring a liability at the instance of committing a crime, a child acquires a right to be rendered with legal help and fair treatment. It seeks to provide solutions to help these children become good members of their communities. Imprisonment would be the last resort to be tapped with.  

Laws Upholding Children’s Rights

As there exists a confluence of international law and municipal law on the bed of the Philippine judicial system, the domestic laws then adopt the international laws in view of upholding the rights of every child.

Hence, the State protects 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.

Among which are United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the aforementioned UNRC.

In addition to the international laws being observed, the following rights of every child are mandated by the Constitution:

Article 2, Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. (( 1987 Philippine Constitution ))

Article 8, Section 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers. (( 1987 Philippine Constitution ))

The Juvenile Justice System in the Philippines

Zooming in into how the Philippine justice system deals with juveniles, let’s peak into what Republic Act No. 9344, otherwise known as Juvenile Justice and Welfare Law, is all about.  It is the law which covers the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration. It defines children at risk and children in conflict with the law as follows:

(1) “Child at Risk” refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following:(( Section 4[d], RA 9344 ))

• being abused and exploited sexually or in other forms;(( Id. ))
• abandoned or neglected, with dysfunctional or broken family;(( Id. ))
• out of school;(( Id. ))
• a streetchild;(( Id. ))
• a member of a gang;(( Id. ))
•  living in a community with a high level of criminality or drug abuse; and(( Id. ))
• living in a community with a high level of criminality or armed conflict.(( Id. ))

(2) “Child in Conflict with the Law (CICL)” refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.(( Section 4[e], RA 9344 ))  

Restorative Justice

This law applies a restorative justice to its policies and programs applicable to children in conflict with the law. As cited therein, it refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community.

It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies.

As opposed to retributive justice which seeks a corresponding penalty based on the injury inflicted on the victim, its emphasis is on the offender and not on the offense, takes into consideration why he committed the crime, and serves to correct his ways.  

Minimum Age of Criminal Responsibility

There are two circumstances affecting criminal liability of minors. The first is the exempting circumstance of minority found in Section 6 of R. A. No. 9344 which states that:

“A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. (( Section 6, R. A. 9344 ))

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. (( Id. ))

The exemption from criminal liability herein established does not include exemption from civil liability , which shall be enforced in accordance with existing laws.” (( Id. ))

The second is the privileged mitigating circumstance of minority under paragraph 2, Article 13 and Article 68 of the Revised Penal Code which in effect reduces the penalty by a degree.  This should be applied if the child is above fifteen (15) but below eighteen (18) years old and who acted with discernment, as partly repealed by Section 6 and 22 of R. A. No. 9344.

Intervention and Diversion Programs

In distinguishing intervention and diversion programs, RA 9344 provides that:

(1) “Diversion Program” refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings.(( Section 4[j], RA 9344 ))

(2) “Intervention” refers to a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being.(( Section 4[l], RA 9344 ))

Simply put, intervention programs will be the route for those whose minority is appreciated as an exempting circumstance while for CICL whose minority is taken as mitigating, diversion program will then be applied.

Hence, CICL undergoes diversion instead of court proceedings. However, this is not always the case as the law imposes conditions for diversion to apply. Under Section 37 of R.A. 9344, it states that:

SEC. 37. Diversion Measures. – Where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court shall determine whether or not diversion is appropriate. (( Section 37, RA 9344 ))

Suspension of Sentence of Minor Delinquents

Automatic suspension of sentence is afforded to CICL as provided under Section 38 of R.A. 9344 which states:

“Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt. (( Section 38, RA 9344 ))

Upon suspension of sentence and after considering the various circumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.” (( Id. ))

The only determining factor therein for it to apply is that the child is still a minor at the time of the commission of the crime and regardless if he is already eighteen (18) years of age or more at the time of the promulgation of the judgment of conviction, provided further that, he does not yet reach beyond the maximum age of twenty-one (21) years of age.

After the disposition of measures, the court may dismiss the case against the CICL and therefore order his final discharge if it finds that the objectives of the disposition measures have been fulfilled. This, however, does not affect the civil liability of the charges imposed upon him.  

Execution of Sentence

On the other hand, if the court finds that the objectives of the disposition measures have not been fulfilled or that CICL willfully failed to comply with the conditions of the disposition or rehabilitation program, an execution of judgment shall then be rendered against him.

The sentence may be served either as imprisonment or probation. In serving such, he shall be credited with the full time spent in actual commitment and detention.

Although he may be sentenced with imprisonment, it is under no circumstance that he may be placed in the same confinement as adults. As provided in Section 51 of R.A. 9344, it states that:

“A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD.” (( Section 51, RA 9344 ))

While for probation as an alternative to imprisonment, Section 42 of R.A. 9344 provides:

“The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in lieu of service of his/her sentence taking into account the best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise known as the “Probation Law of 1976”, is hereby amended accordingly.” (( Section 42, RA 9344 ))

Juvenile justice plays an important role in balancing the upholding of the children’s rights as well as the need to protect the public from violent offenders.  Especially in these challenging times where more social issues may cause a proportional increase of criminality committed by youth, there arose a controversial issue of lowering the minimum age of criminal responsibility.

However, it is significant to acknowledge what has been in placed already and determine first whether a proper execution is being observed of. Failure to consider such before taking an aggressive approach may do more harm than good.

RALB Law | RABR & Associates Law Firm

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Juvenile Justice System in the Philippines: Rehabilitation and Reintegration

• Last updated: 13 June 2023 17:28
• Created: 17 March 2019 17:20

The juvenile justice system in the Philippines is designed to prioritize the rehabilitation and reintegration of young offenders. Recognizing that young people who commit offenses should be given the opportunity to reform and become law-abiding citizens, the government has implemented the Juvenile Justice and Welfare Act of 2006 (Republic Act No. 9344). This law aims to protect the rights of children in conflict with the law and promote their rehabilitation and reintegration into society.

An Alternative Approach In the Philippines, the primary approach in dealing with children in conflict with the law is a diversion. Diversion seeks to address the underlying issues that contribute to their offending behavior without resorting to formal court proceedings. Instead, community-based interventions such as counseling, mediation, and rehabilitation programs are provided. The goal is to prevent children from entering the formal justice system and to offer them appropriate support and guidance.

Family Courts

Specialized Services When diversion is not appropriate or unsuccessful, the Juvenile Justice and Welfare Act provides for the establishment of special youth courts, known as Family Courts. These courts follow a different set of procedures and provide specialized services for children in conflict with the law. They offer comprehensive assessments, rehabilitation programs, educational support, and vocational training to address the specific needs of young offenders.

Dispositions for Rehabilitation

In the event that a child is found guilty of an offense, the court may impose a range of dispositions or interventions aimed at their rehabilitation. These include probation, community service, counseling, education, vocational training, and other appropriate interventions. The focus is on addressing the underlying causes of the offending behavior and promoting the child's reintegration into society as a productive and law-abiding citizen.

Detention and Residential Care

The Juvenile Justice and Welfare Act emphasizes that detention should only be used as a last resort and for the shortest appropriate period. Secure and non-secure residential care facilities may be used, but efforts are made to ensure that the conditions are conducive to the child's well-being and rehabilitation. The law also mandates separate facilities for children to ensure their safety and protection.

Involvement of Family and Community

The involvement of the family and the community is crucial in the rehabilitation and reintegration process. The Juvenile Justice and Welfare Act recognizes the important role of the family in supporting the child's development and reintegration into society. Additionally, community-based organizations and programs are encouraged to participate in the rehabilitation process, providing additional support and opportunities for young offenders.

Strengthening the Juvenile Justice System

In recent years, the Philippines has been actively working towards strengthening and improving its juvenile justice system. Efforts have been made to enhance the capacity of justice system stakeholders, develop more effective diversion programs, and provide comprehensive services for children in conflict with the law. These initiatives aim to ensure better outcomes for young offenders and increase the chances of successful rehabilitation and reintegration.

The juvenile justice system in the Philippines is firmly rooted in the principles of rehabilitation and reintegration. Through diversion programs, specialized Family Courts, appropriate dispositions, and the involvement of the family and community, the country is making strides in reforming young offenders and helping them become productive members of society. Ongoing efforts to strengthen and improve the system ensure that children in conflict with the law receive the support and guidance they need to lead law-abiding lives and contribute positively to their communities.

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The Philippines: Ensuring Inclusion to Community Responses to Youth Justice

• First Online: 30 June 2016

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The Philippines, formerly a Spanish colony for more than three centuries, was named after King Philip II of Spain and was subsequently taken over by the USA in the early twentieth century as its first colony. The Philippines is situated in Southeast Asia with 7,107 islands comprising three main geographical areas of Luzon, Visayas and Mindanao. It has a land area of 30 million hectares, with 15.8 million hectares classified as forest lands, and is considered an agricultural country (Food and Agriculture Organization of the United Nations 2014). Filipino is the main language, while English is the second language and is used as the medium of instruction in high school and tertiary education.

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Sanchez, N.K. (2016). The Philippines: Ensuring Inclusion to Community Responses to Youth Justice. In: Arnull, E., Fox, D. (eds) Cultural Perspectives on Youth Justice. Palgrave Macmillan, London. https://doi.org/10.1057/978-1-137-43397-8_7

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Lowering the age of criminal responsibility is against child rights: unicef.

Statement attributable to Ms. Lotta Sylwander Representative, UNICEF Philippines 

MANILA, 18 January 2019  – UNICEF is deeply concerned about ongoing efforts in Congress to lower the minimum age of criminal responsibility in the Philippines below 15 years of age. The proposed lowering vary from 9 and 12 years, and goes against the letter and spirit of child rights. 

There is a lack of evidence and data that children are responsible for the increase in crime rates committed in the Philippines. Lowering the age of criminal responsibility will not deter adult offenders from abusing children to commit crimes.

UNICEF supports the Philippine government, as a signatory to the United Nations Convention on the Rights of the Child (UNCRC), to ensure that children grow up in a safe environment protected from crime and violence.

Sadly, lowering the age of criminal responsibility is an act of violence against children. Children in conflict with the law are already victims of circumstance, mostly because of poverty and exploitation by adult crime syndicates. Children who are exploited and driven by adults to commit crimes need to be protected, not further penalized. Instead they should be given a second chance to reform and to rehabilitate.

Scientific studies show that brain function reaches maturity only at around 16 years old, affecting children’s reasoning and impulse control. Proposals to lower the age of criminal responsibility argue that children as young as 9 years old are criminally mature and are already capable of discernment. If this was the case, then why is the legal age to enter marriage, legal contracts and employment in the Philippines at 18 years old? A 9-year old child has not yet even reached the age of puberty and their brains are not developed to understand the consequences of actions.

The current proposal is to delay sentence up to a maximum age of 25 years. If a child is jailed at 9 years old it means that they may have to waste away their life for 17 years under imprisonment until they can get a sentence for the crime committed. There is no mechanism to protect these children from cohabiting with hardened criminals and no guarantee that in detention they will be protected from violence and exploitation in jail.

Detaining children will not teach them accountability for their actions. In order to maximize their potential to contribute to nation-building, children must grow up in a caring, nurturing and protective environment. This requires strong parenting support programs and access to health, education and social services as well as to child-sensitive justice and social welfare systems.

The current Juvenile Justice and Welfare Law, which sets the minimum age of criminal responsibility at 15, already holds children in conflict with the law accountable for their actions. It provides them with rehabilitation programs using the framework of restorative, not punitive justice.

Noteworthy efforts from the judiciary and the executive agencies like the Juvenile Justice and Welfare Council, Departments of Education and Social Welfare and Development deserve full support of Congress, particularly on increasing life skills of adolescent learners; establishing an evidence-based parenting program for babies all the way through adolescence; and decreasing use of detention and increase use of diversion and community-based mechanisms to address delinquency. UNICEF calls on the government and civil society to focus on strengthening the implementation of this law instead of amending it.

Branding children as criminals removes accountability from adults who are responsible for safeguarding them. If children who have been exploited by criminal syndicates are penalized instead of the adults who abused them, we fail to uphold the rights and well-being of children.

If we fail to understand the underlying reasons how and why children commit crimes, we as adults, fail our children.

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Philippine Legal Research

RA 9344 or The Juvenile Justice and Welfare Act of 2006: A Case Study on its Implementation in Bacolod City

In line with Republic Act No. 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006, this study aims to analyze the extent of the implementation of the law for children-in-conflict-with law (CICL) in an urban city in the Philippines, Bacolod City. Specifically, this study will be premised on the following objectives: (1) To describe and statistically analyze the crimes of CICL in Bacolod City from January to December 2018; (2) To characterize the implementation of RA 9344 on the part of Social Workers; and (3) To determine the effectiveness of the RA 9344. Since the law mandates that the identity of the child offenders must be protected, the researchers were not allowed to interview and have a personal contact with the subjects but secondary data were secured through triangulation and descriptive assessment method. The method was done by utilizing data gathered from documentary analysis, key informant interviews, and survey questionnaires. The significant findings and perceived patterns and observations that were revealed and established in this method will be used in designing a youth crime prevention measure/s to ensure the successful execution of RA 9344 in the city.

CHAPTER 1   

INTRODUCTION

Background of the Study

Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile Justice and Welfare System as a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development.

Before R.A. No. 9344 was enacted, children at risk and CICL were treated much like adult offenders as when former President Ferdinand Marcos, Sr. signed into law the Judiciary Reorganization Act 1980 which abolished the juvenile and domestic relations courts. As such child offenders were subjected to the same adversarial proceedings as their adult counterparts.  As an offshoot of the United Nations Convention on the Rights of the Child (UNCRC), the R.A. No. 9344 intends to deal with these children without resorting to judicial proceedings. Instead of punishing juvenile offenders and treating them as criminals, these child offenders will be provided by the State and the community with assistance to prevent them from committing future offences (Sanchez, Overview of Philippine Juvenile Justice and Welfare).

According to RA 9344, children at risk refers to children who are vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following: (1) being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child; (2) being exploited including sexually or economically; (3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found; (4) coming from a dysfunctional or broken family or without a parent or guardian; (5) being out of school; (6) being a street child; (7) being a member of a gang; (8) living in a community with a high level of criminality or drug abuse; and (9) living in situations of armed conflict. In line with the previous, children in conflict with the law refers to children who are alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.

A child can commit an act or omission whether punishable under special laws or the amended Revised Penal Code, which is referred to as an “Offense”. Under Republic Act 10630, offenses which only apply to a child and not to adults are called “Status Offenses”. These shall not be considered as offences and shall not be punished if committed by a child. Examples of status offences include curfew violations, truancy, parental disobedience and the like.

R.A. No. 9344 has institutionalized the promotion of the well-being of the child and their families, involvement of parents and guardians, promotion of diversion, avoiding deprivation of liberty and protecting the privacy rights of children. In the same manner, R.A. No. 10630 further emphasized child-sensitive justice policies focused on the best interest of the child.

The general objective of this study is to analyze the extent of the implementation of RA 9344 for children-in-conflict-with law (CICL) in Bacolod City.

The specific objectives of this study are:

• To describe and statistically analyze the crimes of CICL in Bacolod City from January to December 2018;
• To characterize the implementation of RA 9344 on the part of Social Workers;
• To determine the effectiveness of the RA 9344.

Statement of the Problem

There are a number of bills in the House of Representatives seeking to lower the criminal age of responsibility. A counterpart bill seeking to exempt children under 12 years old from criminal liability has also been filed in the Senate. The main problem here should be the proper implementation of the law, not the amendment of it, by strengthening the juvenile justice system through the strict implementation of existing laws that prosecute adults who coerce children to engage in criminal behavior and protect and rehabilitate children in conflict with the law (CICL) through restorative means.

Significance of the Study

Large numbers of children in conflict with the law are socio-economic victims, denied their rights to education, health, shelter, care and protection. Many of them have had little or no access to education; many are working children. Some children have left their homes and taken to the streets to escape from violence and abuse at the hands of their families. Some are forced to make a living on the streets, in order to survive. Others have been abandoned by their families and left to fend for themselves and sometimes for younger siblings. These children, who are abandoned and destitute, are also at high risk of sexual exploitation, trafficking and becoming involved in substance abuse and the drug trade through peer influence or the influence of adult criminals.  These children are alleged to have come into conflict with the law of the land; however, no allowances are made for the fact that it is often the law that is in conflict with their survival behavior and the reality of their lives. (Save the Children UK).

CONCEPTUAL FRAMEWORK

Conceptual Diagram

The justice system of the Philippines provides a law that treats every CICL in a manner that recognizes and upholds human dignity and worth, and instills respect for the fundamental rights and freedoms of others, especially those of the CICL (Irene, Labid, & Pacayra, 2011). This law, Republic Act 9344 also known as the Juvenile Justice and Welfare Act of 2006, was anchored on this paper and is considered to be the primary legal basis of the researchers. In addition, the researchers employed the paradigm of the Input-Process-Output (IPO) Model to successfully achieve the objectives of this study.

The IPO Model, as stated by Green (2001), is considered to be the best tool in modern research that is envisioned to provide a clear picture of concept in any study and allows the readers to understand its trends and directions.  The input variables are fixed and established and provide for basic information which is necessary to begin a research. In this study, the input variables are the characteristic/features/descriptions of the children in conflict with the law provided by the data given by the authorities. These are their age, sex, crimes committed, and activities undertaken in the implementation of RA 9344 as well as the extent of its implementation, and drawbacks/constraints which are encountered by the respondents in the implementation of RA 9344.

The process embraces the analysis of the input variables with the use of triangulation and descriptive assessment method while the output box contains the recommendations and proposed youth crime prevention program by the researchers designed or formulated to reduce juvenile crime that will pave the way for successful implementation of RA 9344. Further, the feedback loop includes comments and opinions to the proposed youth crime prevention measures.

Figure 2.1 Conceptual Diagram

Methodology

Descriptive assessment method is one that deals with studies that focuses on the accurate portrayal of the characteristics of persons, situations or groups and/or the frequency with which certain phenomena occur (Leedy, 1993). According to some other researchers, this method is the most appropriate method in this investigation for gathering data because it can be used in discovering facts upon which professional judgement can be based and its purpose is not only limited to describe a given state of affairs as fully as possible, nor to describe a phenomenon or a condition but also to understand the same and to be able to create theories and analyses (Abulencia, 2001).

The total enumerations of cases recorded in the office of the Social Development Center of Bacolod City, as well as that of the data given by the Philippine National Police Bacolod City Headquarters, were utilized in the study. Simple frequency count and measures of variability were employed to analyze the data. In addition, documentary analysis was likewise used. This technique is used to categorize, investigate, interpret, and identify limitations of physical sources, most commonly so of written documents (Payne, 2004).

The study also utilized survey questionnaires as the main instruments in data gathering. The Survey Questionnaires are intended to the members of the Bacolod City Police Office, Philippine National Police (PNP) and the staff members of the Department of Social Welfare and Development (DSWD) and the Social Development Center (SDC) of Bacolod City. The first set of questionnaire dealt on the intervention and diversion activities undertaken in the implementation of the Juvenile Justice Welfare Act (RA 9344) while the second set of questionnaire focused on the drawbacks or constraints in the implementation of said law.

RESULTS AND DISCUSSION

The data provided below was obtained from the office of the Social Development Center of Bacolod City, as well as that of the data given by the Philippine National Police Bacolod City Headquarters. It includes the demographic profile of CICL, the type of offenses committed and the status of their cases. The period covered is from January to December 2018. It is to be noted as well that during the mentioned period, the months of July, August, October, November and December (as of December 07, 2018) reported zero (0) CICL cases.

Types of Offenses

The data presented below, tabulated a total number of twenty-two (22) cases from January-December 2018. The BCPO-PNP records showed that among all cases, Physical Injury and Theft cases were the most rampant, with a number of 5 cases and a percentage of 23% each. It is followed by cases involving a violation of RA 10591 or the illegal possession of deadly weapons, with 4 out of 22 cases, and a percentage of 19%. Grave Threat and Frustrated Homicide had two (2) cases each (9%), and followed by cases of Attempted Homicide, Rape, Trafficking (Violation of RA 9208 as amended by RA 10364), and Acts of Lasciviousness with one (1) case and a percentage of 5% each.

Table 3.1 Types of Offenses Committed from January-December 2018

It is shown in Table 3.2 and 3.3 below that the month of April has the most number of reported crimes, with eight (8) cases (36%) for the year 2018. The second month with the most number of crimes committed is the month January with five (5) reported cases (23 %), followed by March with three (3) cases (14%) and the months of May and June with two cases (9%) each. The months of February and September has only one (1) reported case each month, and during the months of July, August, October, November and December (as of December 07, 2018), there were zero (0) reported CICL cases.

Table 3.2 Number of Crimes Committed per Month (Jan-Dec 2018)

Table 3.3 Summary Table for the Number of Crimes Committed per Month (Jan-Dec 2018)

Role of Social Workers and Police Officers in the Implementation of RA 9344

The data provided below was gained through interviewing some Social Workers and Police Officers of Bacolod City. The Social Workers and Police Officers were asked about their training on activities related to CICL and the application of the training to CICL cases. All of the respondents (100%) have participated once or twice in training activity on discernment related to CICL.

Table 3.4 Social Workers’ and Police Officers’ Rating of Their Training on CICL and Its Relevance

As seen from the table above, most (80%) of the respondents answered to be strongly agree that they were given knowledge and practical guidance that was relevant to the job. In directly applying and using the knowledge with the help of practical guidance from the training in their jobs and performing their jobs better, more than half (60%) of the respondents answered that they strongly agree. Also, 70% of the respondents somewhat agree that they have noticed improvement in their professional performance. Despite this, they have reported that in some instances, had limited their abilities to put into practice the knowledge, skills or ideas they learned during the training, which are the following (not in any order): 1) Lack of resources in the office or place of work, 2) Lack of necessary programs, services, or resources in another part of the juvenile justice system, 3) Laws or regulations that apply to their role and duties. Half of the respondents (50%) believe that juvenile justice system in Bacolod City is improving its services to CICL. However, there are respondents (20%) who somewhat disagree.

Almost all of the respondents (90%) have participated in training activities related to treatment and rehabilitation of CICL, but a few (10%) said they have not. The respondents have listed the subjects of the training that are most useful in CICL cases: 1) Child Sensitivity, 2) Community Involvement, 3) Gender Sensitivity, 4) Trauma Informed Care.

Psychosocial Aspect

According to Social Workers that we interviewed who are directly dealing with children-in-conflict-with law (CICL), scientific research on adolescent development and juvenile delinquency provide evidence that children and adolescents differ significantly from adults in decision-making, propensity to engage in risky behavior, impulse control, identity development, and overall maturity. The developmental immaturity of juveniles mitigates their criminal culpability.  Although they may be able to discern right from wrong action, it is their capability to act in ways consistent with that knowledge that is compromised by several factors at this stage.

The adolescent is psychosocially immature compared to adults. Because of still developing cognitive abilities and limited life experiences, adolescents are less able and less likely than adults to consider the longer -term consequences of their actions. This is why the parents play a great role in a child’s life. According to Article 209, Title IX of the Family Code , “… parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being”.

Issues on the Implementation of RA 9344 in Bacolod City

The Department of Social Services and Development (DSSD) in Bacolod City is pushing for an intervention program for children-in-conflict with the law (CICL). DSSD head Pacita Tero said that some of the CICL are recidivists because of lack of intervention program from the Barangay Council for Protection of Children (BCPC) (Sunstar PH, 2017).

In addition to the lack of intervention programs, another problem is the lack of facilities. The building facilities of the Social Development Center can be easily broken in because of wear and tear. This allows the CICL to swiftly escape from the said premises, and locating them once again is proved not a simple task.

Also, the amount of time of the legal process of the cases of these children is indeterminate. The cases usually take too long, which is why small cases are usually taken care of in the barangay units.

CONCLUSION AND RECOMMENDATIONS

The typical CICL is poor, lacking in education, a victim of parental neglect and/or abuse, and lives in a criminogenic environment. These clearly place the young person at a disadvantage, making deficiencies in decision-making and vulnerability to coercion all the more pronounced.  To place such a young person, already victimized, into the hands of the criminal justice system further curtails his or her future prospects, and pushes them further towards a negative life trajectory.

Proposed Youth Crime Prevention Program

Conventionally, the juvenile justice system of the Philippines practices a reactive approach on dealing with CICLs. This kind of approach on juvenile crime prevention, according to Howell (2009), has concentrated on the risk-protection framework and the prevention component through the identification of appropriate treatment on a particular offense committed. While this reactive approach on juvenile delinquents is still prominent and necessary, recent research has seen the emergence of a proactive approach to help stem the swell of delinquent youth.

In line with this proactive approach, the proposed youth crime prevention measures or programs by the researchers present a different angle of reducing juvenile crime and juvenile delinquents in particular. This will be done through a social policy and social action specifically anchored on primary prevention, rather than retribution, and envisions a type of social bond deemed as a joint partnership between all the early social environments of a child – the family, educational institutions, and the residential communities. This social policy and program development measures are also geared from a situational model, rather than the traditional personal model. This situational model emphasizes the context of developing the children, youth, and their families, and would enhance the development of each individual’s competence rather than diagnosing and treating individual defects (Santos, Padawil, & Vedaña, 2016).

As mentioned, this proposed youth crime prevention measures or programs will be focusing on all the early social environments of a child. In addition, this program also has proposed measures for the barangay or local government units, the police, and the courts as they serve justice to these CICLs. These measures will be tackled one by one below.

Measures for the family, schools, and the residential communities

For these social institutions, the researchers envision a program with an early intervention method. A program is considered “early” if it takes place from before birth until early adolescence, and before the onset of delinquent behavior (Saminsky, 2010).  This is a valuable time period since early childhood provides a rare window of opportunity for young children to be uniquely receptive to enriching and supportive environments (Welsh & Farrington., 2007). These kinds of programs, in addition, have shown incredible results by targeting specific risk factors that lead to delinquent behaviors and that it focuses on holistic and general aspects of the child’s life rather than focusing on the crime itself (Saminsky, 2010).

Specifically, these measures will stress that schools, community, peer bonds, and most especially the family, as the basic foundation, have important effects on delinquency behavior and plays a big factor in the growth of a child, in its shaping and molding into a person. Based on Article 149, Title V of the Family Code , “The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects.” In addition, the family, like the other identified institutions, such as those established in schools, in the community, as well as with peers, are essential to social success and well-being. Resources would be targeted to schools, neighborhoods within communities, and other mainstream organizations. These organizations would be supported to advance their safety, operational fairness and respect for individual differences, so that the mutual obligations between each developing child or youth, their family and their community are reinforced. All significant activities will be informative, educational, and community-wide, and thus, will require the support of the family, the entire community, as well as those of the educational institutions present.

Measures for the Barangay/City/Provincial LGUs

Based on the identified issues and gaps mentioned in the previous chapter, the researchers, in line with the proactive approach, suggest that the local government units should develop a comprehensive community-based youth programs and services that would respond to basic needs and promote the rights of children. All government agencies should make sure to complement and coordinate their program development, planning, implementation, monitoring, and evaluation down to the communities geared towards the prevention of juvenile delinquency.

One provision of the law that needs to be effectively enforced is the creation of effective Barangay Councils for the Protection of Children (BCPC). RA 9344 mandates that LGUs should allot 1% of their internal revenue allotment (IRA) for the BCPCs, which have the power to take preventive steps against juvenile delinquency at the onset through intervention or diversion, which is “an alternative, child-appropriate process of determining the responsibility and treatment of a CICL…without resorting to formal court proceedings.” Unfortunately, not all BCPCs are effective. Sometimes, those in the barangay are unaware that they could already start diversion procedures at the local level.

The Barangay Justice System should also be strengthened and a separate community-managed children’s mediation center should be established, through local legislative measures in the barangays for a more child-friendly and gender-sensitive investigation and diversion proceedings, conscious of the elements of restorative justice. Finally, local government units should adopt that of Davao City’s initiative mentioned in the study published by Ancheta-Templa (2004) entitled, “ A Study of the Situation of Children in Conflict with the Law in Davao ”, wherein LGUs installed an office and appointed an Ombudsperson for children as an independent body to hear cases of maltreated children and protect those under custodial investigation. This will serve as a check and balance of the Special Office for Children’s Concerns and will monitor the implementation of laws/ordinances, violations and denial of children’s rights, as well as investigate and prosecute cases of violations of the rights of the child. Competent and distinguished lawyers with more than 15 years of practice shall be appointed by a core of child rights advocates recognized by the local community (Ancheta-Templa, 2004).

Measures for the Police Force

The police’s community relations division is considered to be essential in diversion and mediation measures (Ancheta-Templa, 2004). With this, they should make sure that a special arm for children at the PNP Offices and Headquarters should render 24-hour service for investigation and set up in a distinct place where child-appropriate systems are installed. They should also take initiatives in the creation of a diversion/mediation committee and a mediation-counselling center as a one-stop central unit for CICL with an in-house local government social worker. The police should also conduct information and educational campaigns on the new Rules of Court for Juveniles and relevant international instruments to ensure the increasing and up-to-date knowledge of children on our pertinent laws.

BIBLIOGRAPHY

Abulencia, A. (2001). School-Based Management: A Structural Reform Intervention.

Ancheta-Templa, M. F. (2004). UNDERSTANDING CHILDREN IN CONFLICT WITH THE LAW: CONTRADICTIONS ON VICTIMISATION, SURVIVOR BEHAVIOUR AND THE PHILIPPINE JUSTICE SYSTEM. A Study of the Situation of Children in Conflict with the Law in Davao .

Irene, E. A., Labid, S. A., & Pacayra, E. A. (2011). STATUS OF CHILDREN IN CONFLICT WITH THE LAW IN SAMAR, PHILIPPINES: INPUT TO INTERVENTION PROGRAM .

Leedy, P. (1993). Practical Research Planning and Design. ( Fifth Edition).

Payne, G. &. (2004). Key Concepts in Social Research.

Pedrosa, M. (2017, July 27). Intervention program for CICL sought in Bacolod. Retrieved from https://www.sunstar.com.ph/article/155332

RA 9344 or the Juvenile Justice and Welfare Act

Saminsky, A. (2010). Preventing Juvenile Delinquency: Early Intervention and Comprehensiveness as Critical Factors . Retrieved December 23, 2018, from InquiriesJournal.com: http://www.inquiriesjournal.com/articles/165/preventing-juvenile-delinquency-early-intervention-and-comprehensiveness-as-critical-factors

Sanchez, J. (n.d.). Overview of Philippine Juvenile Justice and Welfare. Retrieved from https://www.unafei.or.jp/publications/pdf/RS_No101/No101_17_IP_Philippines.pdf .

Santos, M. M., Padawil, A. K., & Vedaña, M. C. (2016). International Journal of Humanities and Management Sciences. Juvenile Justice and Welfare Law Implementation: The Philippine Urban Poor City Case, 4 (1).

Save the Children UK. MODERN CONCEPTS OF WORKING WITH CHILDREN IN CONFLICT WITH THE LAW. Juvenile Justice, 45-46. doi: https://www.crin.org/en/docs/save_jj_modern_concepts.pdf

The Family Code of the Philippines

Welsh, B. C., & Farrington., D. P. (2007). Criminology & Public Policy. Save Children From a Life of Crime .

APPENDIX A:

Letter for Research Participants

UNIVERSITY OF ST. LA SALLE

College of Law

Bacolod City, Neg. Occ. 6100

16 November 2018

__________________________

We, the undersigned, are first year law students of the University of St. La Salle – Bacolod. In partial fulfillment of the requirements for Legal Research and Thesis Writing, we will be conducting a survey for our research entitled “RA 9344 or the Juvenile Justice and Welfare Act of 2006: A Case Study of its Implementation in Bacolod City, Philippines” . The general objective of this study is to analyze the extent of the implementation of both diversion and intervention activities for children-in-conflict-with law (CICL) in Bacolod City.

In line with this, we are kindly requesting your availability for an interview at your most convenient time. All gathered data will be treated with utmost confidentiality and will be used exclusively for academic and research purposes. We will be willing to share the results and recommendations upon the completion of our research.  We would also like to request for any relevant data that would help in the process of completing our research.

Should you have any concerns or inquiries, we will be very glad to answer them. You may reach us through the phone number +639174933978.  We are hoping for a positive response.

Thank you very much!

Respectfully yours,

JULIE ANNE V. ANTOLO                          TRIXIE MAE F. PEREZ                             

ATTY. JOCELLE BATAPA–SIGUE

University of St. La Salle

APPENDIX B:

Consent Form to Act as Participant

CONSENT TO ACT AS PARTICIPANT

You are about to participate in a study being conducted by Julie Anne Antolo and Trixie Mae Perez, 1 st year College of Law students from the University of St. La Salle – Bacolod.

The research project entitled, RA 9344 or the Juvenile Justice and Welfare Act of 2006: A Case Study on its Implementation in Bacolod City , aims to analyze the extent of the implementation of both diversion and intervention activities for children-in-conflict-with law (CICL) here in Bacolod City.

If you decide to participate, you will be asked to take part in a survey. Participation in the project is completely voluntary.

Your confidentiality will be protected throughout the study. There are no anticipated benefits or risks to you as a participant, aside from helping us assess the implementation of the act, which will be further used in designing a youth crime prevention measure/s to ensure the successful execution of RA 9344 in the city.

If you have any questions about this research project, you can call us at 09270789237 or email us at [email protected].

Thank you for your participation!

ignature: __________________________________________

Participant’s Name: ___________________________________

Date: ______________________________________________

APPENDIX C:

Consent Form for Participation in Interview Research

Consent for Participation in Interview Research

I volunteer to participate in a research conducted by by Julie Anne Antolo, Trixie Mae Perez, and Karl Emmanuel Ealdama, 1 st year College of Law students from the University of St. La Salle – Bacolod. I understand that the project is designed to gather information about implementation of both diversion and intervention activities for children-in-conflict-with law (CICL) here in Bacolod City.

• My participation in this project is voluntary.  I understand that I will not be paid for my participation. I may withdraw and discontinue participation at any time without penalty.
• I understand that most interviewees will find the discussion interesting and thought-provoking. If, however, I feel uncomfortable in any way during the interview session, I have the right to decline to answer any question or to end the interview.
• Participation involves being interviewed in a focused group discussion by researchers. The interview will last approximately 30minutes-1hour. Notes will be written during the interview. An audio tape of the interview and subsequent dialogue will be made. If I don’t want to be taped, I will not be able to participate in the study.
• I understand that the researcher will not identify me by name in any reports using information obtained from this interview, and that my confidentiality as a participant in this study will remain secure. Subsequent uses of records and data will be subject to standard data use policies which protect the anonymity of individuals and institutions.
• I have read and understand the explanation provided to me. I have had all my questions answered to my satisfaction, and I voluntarily agree to participate in this study.
• I have been given a copy of this consent form.

_______________________________________

My Signature

My Printed Name

Julie Anne Antolo,

Trixie Mae Perez

1 st year, College of Law

APPENDIX D:

Survey Questionnaire for Social Workers

Feedback on the Training

• If you have participated training on discernment, please fill out the following table:

What factors, if any, limited your ability to put into practice knowledge, skills or idas learned during training?

• opposition of my superiors or colleagues
• laws or regulations that apply to my role and duties
• lack of resources in my office or place of work
• lack of necessary programs, services or resources in another part of the juvenile justice system
• None of the above – no factors limited my ability to put into practice what I learned in training.
• _________________________
• Gender Sensitivity
• Child Sensitivity
• Other trainings relative to treatment and rehabilitation of CICL. Please specify. _________________________________________________

APPENDIX E:

Survey Questionnaire for Professionals who have received training

• a prosecutor
• a police officer
• other profession (Please specify): _________________________
• Others (Please specify): _____________
• Please check the box of your corresponding answer:
• Other trainings relative to treatment and rehabilitation of CICL. Please specify.

__________________________________________

APPENDIX F:

Interview Guide Questions for Social Workers

Questions on Discernment

• What role do you have in the discernment assessment?
• What is your understanding of the assessment, e.g. the goal/purpose, the applicable legal test? When is the assessment made? Who makes the assessment?
• How long does it take to make the assessment? What information is available to the person making the assessment? Is there data which relates the results of the assessments to factors such as age, gender, family circumstances, education, and nature of the offence committed by the CICL? Is that information enough?
• What happens if the results of the assessment are disputed? How often does this happen?
• How is the final decision about discernment made?
• In most countries criminal responsibility is determined only by age of the CICL. Is there a need to have the additional test of “discernment” in the Philippines’ juvenile justice law?
• In your opinion, how well has this practice been working?
• Are certain CICL subject to unfair or discriminatory treatment through this process?
• What is the public attitude towards discernment assessments?
• What could be done to improve how discernment assessments are made?

Questions on Training

• How has the training and the knowledge or skills you learned about discernment made any difference in the way you perform your professional duties? Please give one example.
• Can you further talk about the challenges you have met in applying the knowledge and skills you have learned from the training activities on a daily basis?
• Would you appreciate the opportunity to participate in additional training on discernment, and, if so, on what subject?

APPENDIX G:

Interview Guide Questions for Professionals who have received training

• Please describe your role and responsibilities in the juvenile justice system.
• How has the training and the knowledge or skills you learned made any difference in the way you perform your professional duties? Please give one example.
• Can you further talk about the challenges you have encountered in applying the knowledge and skills you have learned from the training activities on a daily basis?
• Would you appreciate the opportunity to participate in additional training, and, if so, on what subject?
• What is the most important thing that needs to be done at this point, to improve the rehabilitation programs for CICL?
• What is the most important thing that needs to be done to improve the diversion programs for CICL?
• Any other comments on how to reduce re-offending by juveniles and better re-integrate them into their families and communities?

APPENDIX H:

Data from Women and Child Protection Desk, PNP Bacolod City

APPENDIX I:

Pictures from the Fieldwork

Participants from the Social Development Center (SDC) of Bacolod City

Participants from the City Social Welfare Development Office (CSWDO) of Bacolod City

Researchers: 

Julie Anne V. Antolo

Trixie Mae F. Perez

All Rights Reserved. Philippines 2018.

  Social Development Center, Bacolod City

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Published by Jocelle Batapa Sigue

ATTY. JOCELLE BATAPA-SIGUE • Named as one of The Outstanding Women in Nation’s Service of the Philippines or TOWNS for 2016 in the field of Information and Communications Technology or ICT • Positions: Past Vice President (2018) and Past President (2010-2012) and Past Trustee (2013-2017) of the National ICT Confederation of the Philippines or NICP • Founder, Former President and Current Executive Director of the Bacolod-Negros Occidental Federation for ICT or BNEFIT • Served for 3 terms as councilor of Bacolod City • Chosen as one of Asia Society Top Ten Philippines 21 Young Leaders in 2009 • Chosen as the Eisenhower Fellow of the Philippines in 2012 • Awarded as Philippine Individual Contributor of the Year during the International ICT Awards given by the Canadian Chamber of Commerce and Industry in the Philippines View all posts by Jocelle Batapa Sigue

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Essay on Justice System In The Philippines

Students are often asked to write an essay on Justice System In The Philippines in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Justice System In The Philippines

Introduction to the philippine justice system.

The justice system in the Philippines is the way the country keeps peace and order. It’s like a set of rules and people who make sure everyone is treated fairly. This system has courts, police, and laws that help solve problems when people disagree or someone does something wrong.

Courts and Judges

In the Philippines, courts are where judges decide on cases. They listen to both sides and look at the evidence. There are different levels of courts, from local ones to the Supreme Court, which is the highest.

Law Enforcement

Police officers are important in the justice system. They make sure people follow laws. If someone breaks a law, the police take them to court where a judge can decide what happens next.

Laws and Rights

The country has many laws that protect people’s rights. These laws say what is okay and what is not. Everyone must follow them, and they help the courts decide on cases.

The justice system in the Philippines faces challenges like taking a long time to finish cases and not always being fair to everyone. People are working to make the system better for all Filipinos.

250 Words Essay on Justice System In The Philippines

What is the justice system in the philippines.

The justice system in the Philippines is made up of courts that handle different kinds of problems. It is like a ladder with many steps. The first step is the local courts, where small cases are heard. Bigger cases go to higher courts. The highest court is the Supreme Court, which makes the final decisions.

Types of Courts

There are several types of courts. The lowest is the Barangay court, which deals with small community issues. Above them are the Municipal and Regional Trial Courts, which look at more serious cases. The Court of Appeals reviews decisions from lower courts. The Supreme Court is at the top and has the last say.

How Courts Work

When someone breaks the law, they go to court. The judge listens to both sides before making a decision. If the person is found guilty, they might need to pay a fine or go to jail. People can ask higher courts to check the decision if they think it’s wrong.

Problems and Improvements

The justice system in the Philippines faces challenges like long delays and corruption. The government and some groups are trying to fix these problems by training better judges and using computers to speed up work.

The justice system in the Philippines is a set of steps designed to solve disputes and keep peace. It has issues, but efforts are being made to make it better for everyone.

500 Words Essay on Justice System In The Philippines

Introduction to the justice system in the philippines.

The justice system in the Philippines is a set of rules and institutions that the country uses to solve legal problems, punish people who break the law, and make sure that everyone is treated fairly. It’s like a big machine with many parts working together to make sure that people live in peace and that those who do wrong are held responsible.

Types of Courts in the Philippines

In the Philippines, there are different kinds of courts, each with its own job. The lowest courts are called the Municipal and Metropolitan Trial Courts. They handle small cases. Above them are the Regional Trial Courts, which deal with more serious matters. Then there’s the Court of Appeals, where you can ask for a decision to be looked at again if you think it’s wrong. At the top is the Supreme Court, which is the most powerful and makes the final decisions on the biggest issues.

Police and Law Enforcement

The police are the ones who make sure the laws are followed. They catch people who break the law and help gather evidence. However, in the Philippines, some people worry that the police are not always fair or that they sometimes do not respect the rights of the people they are supposed to protect.

The Legal Process

When someone is accused of a crime, they go through a legal process. First, they are charged, which means they are told what they are accused of. Then, they go to court where a judge or a group of people called a jury listen to both sides – the side of the person who is accused and the side of the government. After hearing everything, the judge or jury decides if the person is guilty or not.

Challenges and Issues

The justice system in the Philippines faces many challenges. Sometimes, it takes a very long time for cases to be finished, which can be unfair to the people waiting for a decision. There are also times when the rich and powerful seem to get special treatment, which is not fair to everyone else. Fighting corruption within the system is also a big problem that the country is working on.

Improvements and Reforms

To make the justice system better, the Philippines is trying to introduce changes. These include training for judges and police, making the process faster, and using new technology to manage cases. By doing this, the hope is to make the justice system more fair and efficient for everyone.

The justice system in the Philippines is an important part of how the country runs. It has many parts, from the police who enforce the laws to the courts that make decisions. While there are difficulties, such as slow processes and corruption, efforts are being made to improve the system. It’s essential for a fair society that everyone, no matter who they are, is treated equally under the law.

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Lower criminal age of responsibility? Fully implement Juvenile Justice law first

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This is AI generated summarization, which may have errors. For context, always refer to the full article.

MANILA, Philippines – The full and proper implementation of the Juvenile Justice and Welfare Act , not the lowering the age of criminal responsibility, will help children at risk and in conflict with the law from committing crimes, Juvenile Justice and Welfare Council (JJWC) policy and research officer Jackielou Bagadiong said on Thursday, August 23.

“The JJWC advocates for the full implementation first of the law because there are still a lot of misconceptions of the Juvenile Justice and Welfare act – that the child always gets away with whatever crime he or she does but its not true,” Bagadiong said during the Department of Education’s first national child protection summit.

Bagadiong said proposals from lawmakers on lowering the age of criminal responsibility from 15 years old to a “ compromise ” of 12 years old relied on reports that “hype” the idea of children in conflict with the law. ( DSWD chief: Lower age of criminal liability ‘anti-poor,’ won’t curb crime )

Lawmakers earlier proposed to lower the criminal age of responsibilty, saying adult criminals purposely make use of youth to commit heinous crimes, knowing they cannot be held criminally liable. 

“The child still has this liability but we don’t detain them because given the current state of our jails, it wouldn’t be possible, it would harm our future generation if we do that,” she said.

Republic Act 9344 or the Juvenile Justice Law of 2006 sets the minimum age of criminal liability at 15 years old. This means that those between 15 to 18 years old may be detained in youth centers and go through rehabilitation programs. Those under 15 years old are exempted from criminal liability and undergo intervention. 

To put children in jail would be like putting them in “schools of crime,” Bagadiong said.

“Our jails in the Philippine setting (are) what we can call school(s) of crime. If a child enters jail, one can be assured that when he or she comes out, she will have had a network of criminals that can assist him or her later on,” she said.

There are a number of bills in the House of Representatives seeking to lower the criminal age of responsibility. A  counterpart bill  seeking to exempt children under 12 years old from criminal liability has also been filed in the Senate.  – Rappler.com

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Today’s front page, Tuesday, April 9, 2024

Juvenile Delinquency in the Philippines: Is Juvenile Justice Fair?

• BusinessMirror
• May 19, 2022
• 9 minute read

Table of Contents Hide

What is juvenile delinquency in the philippines, abuse and trauma, criminal imitation, syndicate activities, lack of access to proper education, extensive access to technology, the nature of juvenile delinquency and rehabilitation in the philippines, the juvenile justice system in the philippines leads to poor reintegration, bahay pag-asa and molave center for youth offenders, how the law has failed in youth crimes and exacting juvenile justice, talks about lowering the age of criminal liability put forward.

The Philippines, like any other country, suffers from a plethora of social issues perpetuated by poverty and the inability to bridge the gap between social ranks. From the lack of access to good education to widespread unemployment, there are numerous reasons why crime rates continue to fluctuate year after year. One of the most pressing issues in the Philippines, however, is the issue of juvenile delinquency. The number of juvenile delinquents documented each year has been attributed to poverty, but advocates and pundits claim that the problem lies largely in the failure of the State to properly deal with the so-called “children in conflict with the law” (CICL). In this article, we will discuss what juvenile delinquency is in the Philippines, what the possible causes are, and how the law sees incidences of juvenile delinquency.

Juvenile delinquency refers to criminal acts performed by children under the age of 18. According to statistics released by the Philippine National Police from 2012 to 2015, about 60 percent of juvenile crimes fall under crimes against property. These include theft, robbery, malicious mischief and estafa, statistics by the PNP from 2012 to 2015 revealed.

On the other hand, crimes against persons, which include rape, attempted rape, acts of lasciviousness, physical injuries, murder, attempted murder, seduction, grave threats, abduction, and homicide, constitute 36 percent of the crimes committed by children covering the same period.

The last 4 percent of crimes committed by children in the Philippines from 2012 to 2015 involved violations of special laws, such as Republic Act (RA) 9165 (prohibited drugs), Presidential Decree 1866 (illegal possession of firearms) and Presidential Decree 1602 (illegal gambling).

While children and teenagers primarily figured in petty crimes, youth offenders are allegedly getting younger and bolder. Some children are now figuring in heinous crimes that would send them to jail for life. In 2015, theft, physical injury and rape were the top 3 crimes committed by children. Theft cases recorded in 2015 reached 3,715, while physical-injury cases totaled 1,859. Rape cases involving child perpetrators reached 642.

While the number of juvenile delinquents in the Philippines is astounding, laws protect them from being put on trial as adults. The State and laws put in place prioritize their welfare, rehabilitation, and reintegration into society, allowing CICLs to improve their lives after the crimes they’ve committed in the past.

However, while the laws of the land aim to protect these children, the rehabilitation programs remain wanting, with some reformative aspects of the Philippine Juvenile Justice Law not being implemented well due to a lack of financial support from the government or the absence of housing programs that should be designed for their welfare during their supposed trials. Unfortunately, these not only affect the success of rehabilitation, but also exposes children to the risk of abuses within the system.

What Are the Causes of Juvenile Delinquency in the Philippines?

The causes of Philippine juvenile delinquency can be attributed to a plethora of issues in society, with the authorities pointing to poverty as the driving factor in pushing children to commit crimes. With a large percentage of juvenile delinquencies consisting of theft and robbery, this assumption may not be far from the truth. However, there are other possible causes that may also influence children into committing crimes, including:

A number of children in the Philippines are subjected to psychological and physical abuse in their own households. The psychological effect of these abuses not only causes near-irreversible trauma, but also increases the risk of criminal behavior in later life. Studies show that child maltreatment can double the chance that a child may become a delinquent during their adolescent stage and up to adulthood.

A significant percentage of children in the Philippines grow up in environments where they are exposed to crime and misdemeanors. Children are highly impressionable, which may lead them to recreate the criminal doings that they’ve either experienced or seen. This is highly observable in marginalized communities, where children may be exposed to crime and misdemeanors at a young age, offering a perspective that it is either normal or excusable.

One of the possible causes of juvenile delinquency in the Philippines is the machinations of syndicates all over the country. Recent reports show that syndicates operating in the Philippines are taking advantage of the statutes of juvenile justice. Syndicates use minors as implements and shields to perpetrate crime, making them more susceptible to being used by criminals to further their operations.

Some juvenile delinquents in the Philippines fall at school age range, with most of them not having access to traditional education due to financial constraints or family issues. Formal education not only equips children with essential skills that they can bring into adulthood, but it also gives them priceless information about their actions’ potential consequences. According to studies, the higher the educational attainment that a child has access to, the lower their desire to take part in criminal activities. However, due to the inability of marginalized youth to be educated and given proper exposure to moral guidance, some children are pushed into a life of crime.

Technological know-how had opened doors for these children to be better acquainted with the world around them. According to the explanatory note of the HB 922 of Party-list Reps. Irwin C. Tieng, Mariano Michael M. Velarde Jr. and Jose L. Atienza Jr., “The massive influence of modern communication has brought minors immense awareness of their surroundings,” the Explanatory Note further added. “Minors these days are more mature, and their perspective in life has greatly improved as compared to minors 10 years ago. Accordingly, it is but timely to have our laws reviewed to adapt to the demands of the times.”

Juvenile Justice in the Philippines is dictated by Republic Act No. 9344, with a specific focus on the stages involving “children at risk and children in conflict with the law, from prevention to rehabilitation and reintegration.” It covers children who have been accused or charged with a crime, allowing them to be separated from hardened criminals and adult offenders when institutionalized after arrest. This law presents Juvenile Justice as a structure that helps support minors when they go into conflict with the law. These include proceedings that are age-appropriate for children as well as programs and rehabilitation institutions primarily designed to help CICLs to reintegrate themselves into society after a probationary period.

This Republic Act was passed as an effort to improve the conditions of children in detention. According to UNICEF, this legislative breakthrough that was passed in 2006 “was a landmark that gave many children around the Philippines a new lease on life.” Before this law passed, thousands of children were exposed to subhuman conditions and were at high risk of abuse as they were mixed with adult criminals. Not only were they at risk of suffering from health conditions, such as tuberculosis, HIV, and pneumonia, but they also suffer from scarce food supplies and were at high risk of suffering from both sexual and physical abuse while in detention. Party-list Reps. Irwin C. Tieng, Mariano Michael M. Velarde Jr. and Jose L. Atienza Jr.

Republic Act No. 9344 indicates that children under 15 years of age cannot be held criminally liable, while children between 15 and 18 need to undergo intervention and rehabilitation after committing a crime.

While the law was designed to offer CICLs with much-needed support and restorative programs, it cannot be said that it is being enacted by the authorities and the rehabilitation institutions. According to a leftist group, Karapatan, CICLs are prone to human rights abuses. In fact, even before a court of law finds them guilty of a crime, they already end up in juvenile facilities or, worse, detention where they suffer psychological and emotional trauma as adult criminal offenders do while in detention.

In addition, DSWD facilities that operate primarily for CICLs do not get enough support to offer adequate therapy and psychosocial assistance to support Juvenile Justice in the Philippines. According to Secretary-General of Karapatan, Cristina Palabay, “Children in conflict with the law often end up behind bars like common criminals even inside facilities run by the DSWD or LGUs.” In some instances, due to the lack of proper infrastructures for children, the authorities are forced to mix CICLs with adults, with girls being held in the same cells as women.

The lack of adequate support and specialized facilities have made rehabilitation and reintegration for CICLs more challenging, with the authorities not being able to handle a number of CICLs due to the lack of funds and the absence of a clear system.

According to the US State Department’s 2011 Country Report on Human Rights Practices, “From January to November [2011], Bureau of Jail Management and Penology [BJMP] and Philippine National Police [PNP] jails held 66,825 prisoners, 95 percent of whom were pretrial detainees. The remainder had been convicted of various crimes. Of the total number of prisoners and detainees, 6,107 were adult women and 501 were minors. During the same period, the BJMP released 104 minor inmates, usually in response to a court order following a petition by the Public Attorney’s Office (PAO) or the inmate’s private lawyer or through NGO-led appeals.”

Fortunately, moves have been made to improve the Juvenile Justice System in the Philippines, with former Interior Secretary Mel Senen Sarmiento calling to LGUs to improve their juvenile integration programs. Together with this call, the Juvenile Justice Welfare Council released guidelines for local government units to follow to develop a Comprehensive Local Juvenile Intervention Program (CLJIP). These guidelines include budget allocation, implementation, monitoring, and evaluation of the CLJIP.

In addition, under the law, LGUs were required to put up and manage intervention and support centers called the “Bahay Pag-asa.” These are 24-hour child-caring institutions established, funded, and managed to provide residential care for children in conflict with the law. CICLs who are at least 12 years old can be committed to these youth-care facilities where they can be cared for and monitored by licensed professionals and individuals.

For example, Quezon city, which is one of the most progressive cities in the Philippine, has its Molave Youth Home as a way to support Juvenile Justice in the Philippines. The facility is located at the Social Services Development Department (SSDD) building behind the City Hall. Molave provides temporary custody and care to youth offenders between 9 and 17 while undergoing trial.

A 2005 Gawad Galing Pook awards for pioneering work in the rehabilitation of youth offenders, as well as their reintegration to society, Molave is being run and managed by the city’s SSDD. At Molave, youth offenders get the chance to make the most of their life while waiting for the judge’s verdict.

While the system is far from being perfect today, moves are now being implemented to improve how CICLs are being handled to achieve maximum rehabilitation and reintegration back into their family units and into society.

In the Philippines it is not the first time that a teenager has committed heinous crimes. Youth offenders are becoming braver and delving into more serious crimes. From petty street crimes, they are now figuring in heinous crimes that would send them to jail for life, or worse, join the death row in the absence of the Juvenile Justice law; the implementation of which is now also being considered by some lawmakers to deter the commission of drug-related heinous crimes.

But children at risk or children in conflict with the law are more vulnerable to human-rights abuse. Hence, they need effective intervention to correct their behavior.

The law, however, seemed to fail in curbing the number of children getting involved in crimes. Worse, those involved in petty and even serious crimes are getting younger and younger, some committing crimes like robbery-holdup, murder, illegal drug use and peddling, prompting some lawmaker to think about lowering the age of criminal responsibility.

In recent years, the talks about lowering the age of criminal liability to 12 years old have been put forward in a move to “teach them to understand responsibility.” In 2016, Former House Speaker Pantaleon D. Alvarez and Rep. Fredenil H. Castro of the Second District of Capiz filed House Bill (HB) 002 in the newly opened 17th Congress.

Dubbed “An Act Amending Republic Act 9344, As Amended by Republic Act 10630, and Reverting the Minimum Age of Criminal Responsibility from 15 Years Old to 9 Years Old,” the amendment seeks to lower criminal liability from the current 15 years old to 9 years old.

Both representatives explained the “necessity” of such an amendment in their Declaration of Policy:

“It is the policy of the state to ensure that the Filipino youth shall be taught to accept responsibility for their words and deeds as early as possible, and not to unduly pamper them with impunity from the criminal responsibility upon reaching the age of 9 years.”

The authors of the bill were particularly concerned about juvenile delinquents in the Philippines being used by syndicates in the commission of a crime, namely, drug trafficking.

The same was clarified and reinforced in their Explanatory Note: “While the intent of protection of the Filipino youth may be highly laudable, its effects have had the opposite effects—the pampering of youthful offenders who commit crimes knowing they can get away with it.”

With this reform, juvenile delinquents in the Philippines can be put on trial for crimes they’ve committed and convicted as adults. Proponents of this reform have cited the fact that syndicates and criminals have learned to exploit young children in the drug trade and syndicate operations.

However, this was met with significant uproar as citizens expressed their disagreement with the reform, citing that by lowering the age of criminal liability, the Philippines will also be exposing children to a high risk of human rights abuses when they are convicted. With a justice system that can be highly manipulated, lowering the age of criminal liability does not only endanger the lives of children, but also further oppress the marginalized youth, who are, more often than not, pushed to commit petty crimes to survive.

Organizations and political groups called the reform irresponsible and pushed for the full implementation of the Philippine Juvenile Justice and Welfare Act instead. With juvenile support institutions still lacking budget and support from the government, lowering the age of criminal responsibility just means that the State has failed in their move to protect the youth from abuse and exploitation.

Image credits: Tinnakorn Jorruang | Dreamstime.com

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The Priorities of a Youth Justice System: A Critique of the Philippine Juvenile Justice and Welfare System

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