You are on page 1of 255

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Adhikain Para sa Karapatang Pambata


Ateneo Human Rights Center

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES
Adhikain Para sa Karapatang Pambata
Ateneo Human Rights Center

This report forms part of the CD-ROM entitled, BREAKING RULES: Children in Conict with the Law and the Juvenile Justice Process, The Experience in the Philippines. Published by: Save the Children UK 3/F FSS Building 1 89 Scout Castor Street, Quezon City, Philippines Save the Children UK Philippines Programme

Copyright 2004

This material is copyright but may be reproduced by any method without fee or prior permission for teaching purposes, but not for resale. For copying in any other circumstances, prior written permission must be obtained from the publisher, and a fee may be payable. Research Team Project Director: Maria Glenda R. Ramirez

Project Coordinators: Yvette C. Tenefrancia Nelda Erynn P. Torio AKAP Director: Consultants: Ana Janet F. Suga Prof Jeffry Tejada Prof Maria Cristita Mallari Dr Ma. Louisa Carandang Violeta Cruz Atty Roselle Tenefrancia Atty Araceli Habaradas Atty Tricia Clare Oco Atty Roselle Tenefrancia Atty Araceli Habaradas Atty Amparita S. Sta. Maria Atty Maria Victoria V. Cardona Atty Claire P. Hipolito Wilma T. Baaga Dok Pavia

Contributing Writers:

Editors: Technical editing: Design and layout:

Save the Children UK is a member of the International Save the Children Alliance, the worlds leading independent childrens rights organisation, with members in 27 countries and operational programmes in more than 100 countries. Save the Children works with children and their communities to provide practical assistance and, by inuencing policy and public opinion, bring about positive change for children.

ii

Save the Children UK

Acknowledgments

A research of this magnitude and intricacy cannot be accomplished without the assistance, encouragement and support of many people. Throughout the preparation of this project, the research team has relied on a great number of individuals, without whom its completion would have been impossible. Thus, it wishes to acknowledge the following for their specic contributions: Save the Children UK, for its nancial support and technical inputs for this project since its inception, for the staffs patience and understanding, and for bearing with us through the delays encountered with the work. The steadfast support, friendship and inspiration throughout this project from the lawyers of the Ateneo Human Rights Center (AHRC), namely, Carlos P. Medina, Jr. (Executive Director), Atty. Sedfrey M. Candelaria, Amparita S. Sta. Maria, Maria Aleli R. Domingo-Bernardino, Myr S. Gonzalez, Clarinda P. Hipolito, Minerva Tan, Gilbert V. Sembrano and Ray Paolo J. Santiago. They provided encouragement and moral support in the course of the research. The AHRC staff--Ms. Carmelita D. Santos and Ms. Evangeline B. Riosa, for their technical and moral support; and Mr. Reuben R.Verdejo and Mr. Rodelio M. Ernacio for always being there to patiently help us run our errands. The Ateneo Professional Schools (APS) for providing us the venue to present the focus group discussions, interview trainings and initial ndings of the study. The project consultants, for their valuable critique, initial inputs and suggestions. We are grateful to Professor Ma. Cristita Mallari, for her helpful insights and commentary; to Professor Jeffry Tejada, who provided the statistical interpretation and analysis of our gathered data; and to Dr. Ma. Louisa Carandang, Ph.D. and Mrs.Violeta Cruz, for providing invaluable approach and shared experiences during the project. We are especially grateful to Atty. Roselle Tenefrancia, who helped interview the children in conict with the law and the components of Manilas family courts. She also provided invaluable assistance in the writing of this paper as a sounding board and a critic as we brainstormed the interpretation and conclusions. The Family Courts, Prosecutors, Public Defendants, Social Workers, Bureau of Jail Management and Penology (BJMP) Ofcials, the police, probation and barangay ofcers. They supported the projects aim and discussed issues regarding the situation of CICL and for their warm welcome and comfortable accommodation during the interview and data gathering phase of our study. Our thanks also extend to our friends in the private sector who have given access to relevant data and information.
Save the Children UK

iii

Ms. Marah Candy Aguilar and Ms. Toni Ann San Agustin, who both helped tremendously in compiling the court cases of CICL in all the family courts of the projects ve key cities; Mr. Ferdinand Dio, for helping amass the collection of research materials used in the study of related literature; Mr. Gonzalo Go III, Ms. Ivy Angelli Rosales, Mr. Fritz Ritchie Avila and Ms. Angelisa Razo, for their invaluable assistance in the tabulation of the interview results. We would like to specically acknowledge the following individuals for their assistance and for their substantial contributions during the interview phase. We appreciate the time and effort each of them has put into this study that contributed towards the completion of this research project: Blessie Abad, Rommel Alim Abitria, Scarlette Rose Abragan, Joel Aguirre, Xilca Alvarez, Pia Alvendia, Marie Amular -Angeles, Annang Heather Anouevo, Reginald Thomas, Antonio Salvador Jr., Denise Jordan Arenillo, Maria Victoria Awid, Dexter Balot, Jeri Alanz Banta, Angelica Benedicto, Ferdinand Benitez, Ria Berbano, Dexter Bernades, Elizabeth Bingas, Christine Bio, Janina Bustos, Cristina Cabrera, Edelyn Cadapan, Mary Caniba, Ameera Capay, Maria Angelica Capili, Paola Cardenas, Lovely-Ann Carlos, Ma. Jasmin Casaje, Eleazar Castillo, Charisse Jen Choa, Rhoda Cisnero, Claire M. Clementir, Philson Co, Christina Codilla, Diana Dare, Philip De Jesus, Linabelle De Venecia, Ma. Gemma Dee,Yola De La Cruz, Franklin Del Castillo, Christopher Delos Reyes, Amylex Depano, Anel Diaz, Katrina Pia Diaz, Ferdinand Dio, Jen Dinopol, Warren Dy Chua, Mylene Eguilos, Mark Leinad Enojo, Michelle Ann Erum, Ma. Cristina Espinosa, Laurice Esteban, Jose Eduardo Genilo, Gonzalo Go III, Mahlene Go, Margaret Ann Go, Jinky Guevarra, Raffy Guina, Cyril Eugene Hermoso, Claire Hernandez, Jennifer Hernandez, Ma. Cristina Hipolito, George Hipolito, James Imbong,Veronica Inoturan, Chris Lawrence Isidro, Erika Jimenez, Rhoda Jimenez, Christine Jolo, Charmane Kanahashi, Archelle Lagsub, Franco Paolo Lasam, Patrick Lauron, Jojo Leagogo, John Lee, Monica Ley, Joey Linsangan, Aaron Litonjua, John Paul Loo, Joseph Lopez, Beryl Macabaya, Francis Maynard Maleon, Clarissa Aeaea Mallari, Fernando Maronilla, Julie Mercurio, David Craig Meregillano, Sheila Monedero, Ronald Monera, Tony Roberts Moreno, John Paul Nabua, Gian Navarro, Freedom Navidad, Tom Jayson Ngo, Trinie Anne Nieva, Rester John Nonato, Carissa Agnes Olmedo, Dean Orias, Regina Maria Ozoa, Ana Rosario Padua, Ivy Pagdanganan, Maria Sophia Palmagil, Deborah Paraiso, Ronnie Ray Paraiso, Gene Vincent Perez, Nancy Prodon, Rachel Punzalan, Katrina Puzon, Leah Glenda Quesada, Emmalyn Ramirez, Christine Antoinette Ramos, Richie Avigale Ramos, Maria Greta R. Resurreccion, Joan Pauline Reyes,

iv

Save the Children UK

Culbert Reynes, Alexander Paul Rivera, Angelito Maria Rivera, Maria Lourdes Rivera, Mitchelle Rivera, Ivy Angelli Rosales, Ryan Jay Roset, Ramayana Saidamen, Gemini Sandoval, Gigi Santos, Carmine Eliza Serrano, Christian Sia, John Philip Siao, Carla Silverio, Mike Singson, Rowena Soriano, Abigail Suarez, Marinela Tablang, Mark Eusebio Taguinod, Angelo Tan, Brynda Tan, Christine Joy Tan, Katrina Tan, Lydia Tan-Paredes, Annalyn Tayag, Mark Jose Tiaoqui, Regie Tongol, Gian Carlo Trinidad, Sherwin Tugna, Ma. Perpetua Unico, Ruth Nicole Ureta, Enrique Uy, Jill Christine Uy, Jonathan Uy,Voltaire Uy, Alzeena Vasquez, Racquel Sienna Vergara, Giovanni Vidal, Rafael Yap, Patricia Ycasiano, Felina Yu, and Karen Yu. Most of all, we thank our families whose moral support and encouragement saw us through as we faced obstacles in the completion of this project; for their understanding and care even when they suffered an intolerable invasion of our family time; for their forbearance in having to tolerate our arriving home very late at night; for keeping out of our way as we continue our ofce work at home; and for the affection and support as we tackled the details of the research. In the realisation of this project, the members of the research team acquired a great deal of insight, understanding, and awareness of the situation of children in conict with the law.

Save the Children UK

Contents

Acknowledgements List of Tables List of Figures Acronyms and Abbreviations Local Terms Used

iii ix xiv xv xvi

Introduction
Objectives of the Study Framework of the Study Scope and Limitations of the Study

Methodology
Interviews with the Five Pillars Interviews with Children in Conict with the Law and Case Studies Review of Family Court Cases Other Document Researches and Reviews Methods of Validation

Summary of Related Studies

15

International and National Laws Related to Childrens Justice


Criminal Responsibility Deprivation of Liberty Capital Punishment and Life Imprisonment Procedure Related to Childrens Justice

22

vi

Save the Children UK

The Child Enters the Law Enforcement Pillar The Child Enters the Prosecution Pillar The Child Enters Court Level The Child Enters the Correction Pillar The Child Enters the Community Discussion of Some Relevant Laws Affecting CICL

City and Barangay Ordinances and Resolutions


Background Overview of Legislative Measures Penal Ordinances Non-Penal Legislative Measures Analysis Survey of Local Ordinances in the Cities of Kalookan, Manila, Paraaque, Pasay and Quezon City

48

Prole of Children in Conict with the Law


Personal Prole Legal Prole

99

Observance of Laws
Community Law Enforcement Court and Prosecution Bureau of Jail Management and Penology Ofcials and House Parents Probation City Social Workers

120

Save the Children UK

vii

Diversion
Basis Views and Practice of the Five Pillars

164

Summary
Prole of the Child in Conict with the Law Community Pillar Law Enforcement Pillar Court and Prosecution Correction Pillar Probation City Social Workers Diversion

174

10 Recommendations
Community Level Law Enforcement For all Pillars

184

Endnotes Case Studies

188 211

viii

Save the Children UK

List of Tables

2.1. 4.1. 4.2. 4.3. 4.4. 5.1. 5.2. 5.3. 5.4. 5.5. 5.6. 5.7. 5.8. 5.9. 5.10. 5.11. 5.12. 5.13. 5.14. 5.15. 5.16. 5.17. 5.18. 5.19. 6.1. 6.2. 6.3. 6.4. 6.5. 6.6. 6.7. 6.8. 6.9. 6.10. 6.11. 6.12. 6.13. 6.14. 6.15. 6.16.

Number of respondents interviewed from the ve pillars of justice Degree of criminal responsibility by age Evolution of policy setting the minimum age of criminal responsibility Period of time a child must be delivered to proper judicial authorities by type of offence Penalty for theft by value of property stolen Penal ordinances affecting children, Caloocan City Penal ordinances affecting children, Manila City Non-penal ordinances affecting children, Manila City Other ordinances affecting children, Manila City Penal ordinances affecting children, Paraaque City Non-penal ordinances affecting children, Paraaque City Penal ordinances affecting children, Pasay City Non-penal ordinances affecting children, Pasay City Penal ordinances affecting children, Quezon City Non-penal ordinances affecting children, Quezon City Penal ordinances affecting children, Caloocan: Barangay 46, Zone 4, District II Non-penal ordinances affecting children, Barangay 46, Zone 4, District II, Caloocan City Non-penal ordinances affecting children, Barangay 102, Zone 2,, District II, CalooCan City Penal ordinances affecting children, Barangay Zone 74, District V, Paco, Manila Non-penal ordinances affecting children, Zone 55, District IV, Manila Penal ordinances affecting children, Barangay 67, Zone 6 District 1, Manila Penal ordinances affecting children, Barangay Pinyahan, Quezon City Penal ordinances affecting children, Barangay Masambong, Quezon City Non-penal ordinances affecting children, Barangay Masambong, Quezon City Distribution of cases led in all family courts in respondent cities by city, 2001-2002 Distribution of cases led in family courts in the cities covered by branch, 2001-2002 Distribution of cases by age, 2001-2002 Distribution of cases by place of residence Distribution of cases who indicated their education by educational attainment Distribution of cases with records regarding family background by status of parents relationship Distribution of cases by mothers occupation Distribution of cases by fathers occupation Distribution of working children by occupation Distribution of cases by the childs being married or living in with a partner Distribution of cases by membership in gangs Distribution of gang members by gang Distribution of cases by whether or not they have case studies in their records Distribution of cases by type of crime Distribution of female children by type of crime Distribution of children with drug-related offences by type of drugs commonly used

Save the Children UK

ix

6.17. 6.18. 6.19. 6.20. 6.21. 6.22. 6.23. 6.24. 6.25. 6.26. 6.27. 6.28. 6.29. 7.1. 7.2. 7.3. 7.4. 7.5. 7.6. 7.7. 7.8. 7.9. 7.10. 7.11. 7.12. 7.13. 7.14. 7.15. 7.16. 7.17. 7.18. 7.19. 7.20. 7.21. 7.22. 7.23. 7.24. 7.25. 7.26. 7.27.

Types of items stolen Distribution of cases of children with weapons by type of weapon Distribution of cases of crimes against persons where the complainant is a child Distribution of cases involving sex offences where the complainant is a child Distribution of cases by city and area Distribution of cases by place where crime was committed Distribution of cases with co-accused by the relationship of the co-accused with the child Distribution of cases by arresting ofcer Distribution of cases of children who were arraigned and with plea by type of plea Distribution of arraigned cases by length of time between arrest and arraignment Distribution of cases of children with legal representation by counsel Distribution of cases of children by location Distribution of cases of children in rehabilitation centres by centre Knowledge of barangay ordinances (from 1990 onwards) relating to CICL Presence of a BCPC in the barangay Year when the BCPC was established in barangays where these are present Whether or not the BCPC is functional in barangays where a BCPC is present Presence of a representative for the youth in the BCPC in barangays where a BCPC is present Age of the youth representative in the BCPC Committees within the BCPC Presence of a Committee for the Protection of Children in Especially Difcult Circumstances/Children in Need of Special Protection Current programmes of the BCPC for the prevention of children coming into conict with law Steps/programmes taken by the BCPC for assisting parents and children with behavioural problems Availability of a holding cell [temporary jail until accused is transferred to the city jail] inside the barangay hall Availability of a separate holding cell for CICL Availability of separate holding cells for male and for female CICL Availability of current programme/s for the reintegration/ rehabilitation of CICL in the community Programme/s for the reintegration/ rehabilitation of CICL in the community Whether or not the law enforcer introduces him/herself to the CICL Ofcial identication presented to the CICL Whether or not the law enforcer informs the CICL of the reason for his/her apprehension/custody When the CICL is informed of the reason for his/her apprehension/custody Persons and government agencies notied upon contact with CICL Whether or not the CICL is taken to an available government medical or health ofcer for a physical examination Whether or not the CICL is taken to an available government medical or health ofcer for a mental examination Whether or not the CICL is detained in quarters separate from those of the opposite sex Whether or not the CICL is detained in quarters separate from those of adult offenders Agency where the CICL is turned over Whether or not the law enforcer conducts investigation of the child Whether or not the law enforcer conducts investigation alone with the CICL

Save the Children UK

7.28. 7.29. 7.30. 7.31. 7.32. 7.33. 7.34. 7.35. 7.36. 7.37. 7.38. 7.39. 7.40. 7.41. 7.42. 7.43. 7.44. 7.45. 7.46. 7.47. 7.48. 7.49. 7.50. 7.51. 7.52. 7.53. 7.54. 7.55. 7.56. 7.57. 7.58. 7.59. 7.60. 7.61. 7.62. 7.63. 7.64. 7.65.

Person who usually accompanies the CICL during investigation Whether or not the law enforcer gets the childs ngerprints Whether or not the ngerprint les of CICL are kept separate from those of adults Whether or not the law enforcement ofce photographs CICL Whether or not the photograph les of CICL are kept separate from those of adults Whether or not the law enforcement ofce removes and destroys the ngerprint or photograph les if the case against the CICL is not led or dismissed Whether or not the law enforcement ofce remove and destroy the ngerprints/photograph les when the CICL reaches 21 years of age and there is no record that he committed an offence after reaching 18 years of age Whether or not the law enforcement ofce keeps separate blotters for CICL Whether or not the law enforcement ofce keeps separate records for CICL Whether or not the family court has special considerations/programmes for CICL Special considerations/programmes for CICL Whether or not the family court conducts disposition conferences Whether or not the family court already has a diversion committee Whether or not the family court practises diversion proceedings under the Rules on Juveniles in Conict with the Law Specic programmes for diverted CICL Instances when the family court appoints a guardian ad litem for a CICL Whether or not the court allows the exclusion of the public from trial of CICL cases Special circumstances when trials involving CICL are held in private Whether or not there are specic days assigned for the trial ONLY of CICL (to the exclusion of other criminal cases) Terms used by lawyers and court ofcers in family courts to refer to CICL Measures taken to protect the condentiality/privacy of the CICL (from the time of ling up to the termination of the case) Whether or not male CICL are separate from female CICL How to ensure that the CICL has a valid commitment order issued by competent authority Whether or not there are rules and regulations in the detention facilities Whether or not there are separate rules and regulations for CICL Whether or not the CICL is provided with a copy of the rules and regulations mentioned Whether or not CICL undergo medical examination upon admission to the detention facility Whether or not there is an interpreter available for CICL who do not understand the language used by detention personnel Whether or not the ofce keeps separate records for CICL and adults How condentiality of the CICLs records is maintained Whether or not CICL are allowed to contest their le/record Procedure for contesting les/records of CICL Whether or not CICL are provided with separate, sufcient and clean bedding Whether or not CICL are allowed to use their own clothing Whether or not CICL are allowed to possess personal effects Amount allotted per day for the food of the CICL Whether or not the CICL are provided opportunity to continue their education Whether education is conducted inside or outside the institution

Save the Children UK

xi

7.66. 7.67. 7.68. 7.69. 7.70. 7.71. 7.72. 7.73. 7.74. 7.75. 7.76. 7.77. 7.78. 7.79. 7.80. 7.81. 7.82. 7.83. 7.84. 7.85. 7.86. 7.87. 7.88. 7.89. 7.90. 7.91. 7.92. 7.93. 7.94. 7.95. 7.96. 7.97. 7.98. 7.99. 8.1. 8.2. 8.3. 8.4.

Level of education the CICL are allowed to nish Type of vocational training available to CICL Type of training and seminars CICL have access to Availability of a library inside the detention centre Whether or not religious services are allowed inside the detention centre Whether or not the CICL are given the right to receive visits from a representative of the religion of their choice Types of medical care available to the CICL Whether or not the CICL are allowed to communicate with families and friends through letters Whether or not the CICL are allowed to communicate with families/friends through the telephone Whether or not CICL are allowed to visit their homes and families Whether or not the CICL have access to television Whether or not the CICL have access to newspapers Distribution of responses by observed behaviour of detention personnel when relating to CICL and frequency of the behaviour Type/kind of disciplinary measures generally imposed inside the detention centre Type/kind of disciplinary measure imposed on CICL inside the detention centre Provision of follow-up services after the release of CICL Type of follow-up services provided by the institution Type of personnel in the detention centre Penalties imposed on CICL who have tried to escape or who escaped but were later on recaptured Procedure followed when there is an allegation of abuse of one CICL by another Procedure followed when there is an allegation of abuse of a CICL by an ofcial of the detention centre Personnel in charge of investigating allegations of abuse committed against CICL Frequency by which judges visit the detention centre Whether or not respondents knows of minors [at the time of commission and promulgation] who availed of probation Whether or not the minority of the applicant at the time of the commission of the crime is a positive factor in granting the application for probation Conditions under the Probation Law of 1976 that are often violated by CICL Observed effect of probation on CICL compared with adult offenders who were also granted probation Whether or not there is a difference between the programme of CICL and adult offenders granted probation Presence of a separate facility established for instruction, recreation or residence of persons on probation who were minors at the time of commission of the crime Total number of city social workers and those working with CICL by city Stages in the criminal justice system where social workers get involved in the case of CICL Specic assistance provided by the city social worker to CICL How the city social worker gets involved in the case of CICL Persons or agencies who made referrals to the city social worker Distribution of responses regarding whether or not all CICL should be diverted from the criminal justice system by pillar Considerations for diversion Distribution of responses by Level where diversion should occur and by pillar Distribution of responses by whether or not the respondent personally practises diversion and by pillar

xii

Save the Children UK

8.5. 8.6. 8.7. 8.8. 8.9. 8.10. 8.11. 8.12. 8.13. 8.14. 8.15.

Distribution of responses by whether or not the respondents colleagues practise diversion and by pillar Distribution of responses by considerations in the practice of diversion Distribution of responses by whether or not the pillar of justice has an ofcial diversion programme and by pillar Distribution of responses by the average number of CICL diverted in a month and by pillar Distribution of responses by the average number of CICL diverted in a year and by pillar Distribution of responses by factors in the decision to divert CICL and by pillar Other factors considered in diversion Distribution of responses by whether or not to involve the CICL in the decision to divert him/her and by pillar Considerations in involving the CICL in the decision to adopt diversion Distribution of responses by whether or not the respondent or his/her ofce does follow-up with the children and by pillar Distribution of responses by considerations in doing follow-up

Save the Children UK

xiii

List of Figures
Figure 2.1. Figure 2.2. Figure 2.3. Figure 2.4. Figure 2.5. Figure 2.6. Figure 2.7. Figure 2.8. Figure 2.9. Figure 2.10. Figure 2.11. Figure 2.12. Figure 2.13. Figure 2.14. Figure 6.2. Figure 6.3. Figure 6.4. Figure 6.5. Figure 6.6. Figure 6.7. Figure 6.8. Figure 6.9. Figure 6.10. Figure 6.11. Figure 6.12. Figure 6.13. Figure 6.14. Figure 6.15. Figure 6.16. Figure 6.17. Figure 6.18. Figure 6.19. Figure 8.1. Distribution of tanod respondents by city Distribution of barangay respondents by sex Distribution of tanod respondents by city Distribution of tanod respondents by sex Distribution of respondents from law enforcement by city Distribution of respondents from law enforcement by sex Distribution of respondents from the court and the prosecution by city Distribution of respondents from the court and the prosecution by sex Distribution of BJMP respondents and house parents by city Distribution of BJMP respondents and house parents by sex Distribution of probation ofcer respondents by city Distribution of probation ofcer respondents by sex Distribution of city social workers respondents by city Distribution of city social workers respondents by sex Top ve cities of last residence Educational attainment Family background Parental custody Work of a child Children with case studies in their records Crimes charged against children Charges led against female children Type of drugs Items stolen Deadly weapon Place where crime was committed CICL with co-accused Relationship of co-accused to the child Arresting ofcers Status of the case CICL with counsel Location of child The diversion process

xiv

Save the Children UK

Acronyms and Abbreviations


AKAP AusAID BADAC BJMP BSDO CICL CSWO DILG DOH DOJ DSWD ECCD EO FGD ICCSE JDL JDRC JICL LGU MYRC NCR NGO NTSB PAO PAYO PD PNP QC QCCPC RPC RA RRAPIYO SC-UK SPSS SSCD SK SSDD UN CRC UNICEF UP VHS Adhikain Para sa Karapatang Pambata Australian Agency for International Development Barangay Anti-Drug Abuse Council Bureau of Jail Management and Penology Barangay Security and Development Ofce children in conict with the law City Social Welfare Ofce Department of Interior and Local Government Department of Health Department of Justice Department of Social Welfare and Development Early Childhood Care and Development Executive Order focus group discussion Inter-City Committee on Street Education Juveniles Deprived of their Liberty Juvenile and Domestic Relations Court juveniles in conict with the law local government unit Manila Youth Reception Center National Capital Region non-government organisation National Training School for Boys Public Attorneys Ofce Philippine Action for Youth Offenders Presidential Decree Philippine National Police Quezon City Quezon City Council for the Protection of Children Revised Penal Code Republic Act Rules and Regulations on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders Save the Children-United Kingdom Statistical Package for the Social Sciences Social Services and Counselling Division Sangguniang Kabataan Social Services and Development Department United Nations Convention on the Rights of the Child United Nations Childrens Fund University of the Philippines video home system
Save the Children UK

xv

Local Terms Used


bagansiya barangay tanod barangay barkada batuta carinderia katarungang pambarangay vagrancy village police village or community group of friends or peer group night stick small eatery or food stall barangay justice

Katarungang Pambarangay Law village justice system Kristo liga ng mga barangay lupon tagapamayapa palarong barangay panglungsod na pederasyon ng mga sangguniang kabataan pangkat ng tagapagkasundo pasalubong punong barangay rugby sampaguita sanggunian Sangguniang Kabataan Sangguniang Panglungsod shabu sumpak takal watusi literally translated as Christ in English, it refers to the bet collector in cockghts league of barangays peace-and-order committee village sportsfest

city federation of youth councils conciliation panel food or gift brought by visiting relatives or a member of the family who has come home to other members of the family barangay chair coined word for a type of commercial adhesive small white fragrant owers found throughout Southeast Asia barangay council youth council city council popular name for metampethamine hydrochloride, an illegal drug homemade gun being beaten with a 2 x 2 piece of wood refers to dancing re crackers, which are very popular among young children in the Philippines

xvi

Save the Children

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

1 Introduction
All children in conict with the law in the Philippines are aorded appropriate protection measures as provided for by the United Nations Convention on the Rights of Children (UN CRC) and other relevant international instruments on juvenile justice that will promote their dignity and worth as persons and become active participants of social change. This is the stated goal of the Childrens Justice Programme of Save the Children-United Kingdom (SC-UK), the design of which is based on the principles of childrens rights and restorative justice. The Programme recognises that the concept of childrens justice needs to be rened. Programme advisers from the SC-UK headquarters noted the lack of primary data to support the assumptions in the initial programme design. Review of related literature further revealed the lack of in-depth studies and information that focus on the Philippine legal system and the ve pillars of the criminal justice system, namely, the community, the police, the courts, prosecution and correction. These are information that would have an impact on the analysis of the needs of children in conict with the law (CICL) with regard to their rights. This research project on the situation of children in conict with the law in selected cities in Metro Manila was conceptualised in order to assist SC-UK and its partners in dening their advocacy agenda on CICL at the local and national levels and help clarify SC-UKs programme direction, strategies, areas of coverage and target participants. Through quantitative and qualitative information collected in this project, major gaps and abuses that occur in the administration of justice to CICL were identied and corresponding analysis and recommendations were formulated. The project also gave emphasis on the protection measures given to children in conict with the law through diversion at the dierent levels of the criminal justice system. Diversion is an essential component of childrens justice, with the purpose of preventing and minimising the childrens entry into the criminal justice system. The promulgation of the Rule on Juveniles in Conict with the Law by the Supreme Court in 15 April 2002, which provides for diversion in the court level, requires a review of it relevant provisions. The provisions of the Katarungang Pambarangay (barangay1 or village justice) Law as it applies to CICL are likewise analysed in relation to diversion.

Objectives of the Study


In general, the project aims to establish the situation of children in conict with the law within the context of the criminal justice system and identify the major gaps and abuses that occur within the system. Specically, the project aims to achieve the following objectives: 1. Generate and analyse the following quantitative data on the situation of children in conict with the law: a. Number of children arrested; b. Arresting ocers; c. Sex of children arrested; d. Type of oences committed; e. Number of repeat oenders; f. Number of children in custody; g. Number of cases the police sent to the prosecutor; h. Number of cases the prosecutor led in courts; i. Number of cases the court sentenced; j. Length of sentence;

Save the Children UK

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

k. Period of detention pending trial; l. Disposition measures practiced by the prosecutors and courts; m. Whether childrens cases are heard separately from adults; n. Number of children sent for mediation; o. Whether children are separated from adults in police cells; and p. Other relevant information. 2. Generate and analyse qualitative data on the situation of CICL; 3. Describe the processes in administering childrens justice at the ve pillars of the criminal justice system; 4. Establish the various stages in the justice system CICL are in; 5. Understand better the impact of the criminal justice system by seeking the views of children who have been directly aected by it; 6. Establish trends in oences committed by CICL at least two years backward; and 7. Recommend ways by which SC-UK and the partners can most strategically assist in sustainably diverting children from the criminal justice system.

Framework of the Study


The project has its foundation in SC-UKs commitment to safeguard children, specically in the following values and principles:2 The abuse and exploitation of children happens in all countries and societies across the world. All child abuse involves the abuse of childrens rights. The situation of all children must be improved through the promotion of their rights as set out in the UN CRC. This includes the right to freedom from abuse and exploitation. Child abuse is never acceptable and a commitment to childrens rights in general also means a commitment to safeguard the children with whom SC-UK is in contact. As a State Party to the UN CRC,3 the Philippines has the obligation to protect children from any form of discrimination and to take positive action to promote the rights set forth under the Convention. At the legislative level, there were eorts to harmonise national laws and policies on children with the Convention through the enactment of new laws and the amendment of existing ones. National and local laws that deal in general or specically with children in conict with the law are also discussed. The focus of the project is on the legal process within the ve pillars of the criminal justice system, from the community up to the correction level. Given the existence of specic laws for the administration of the criminal justice system for children, the project aims to identify whether there are gaps and problems, both in the law itself and in its application by the pillars, and if there are, specify such gaps and problems. The rights of children provided in the Convention serve as the framework of the corresponding analysis.

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Scope and Limitation of the Study


The project covered the following cities in Metro Manila: Caloocan, Pasay, Manila, Paraaque and Quezon City. The cities were chosen based on the high incidence of children arrested in such areas; the number of family courts in the cities; and the existence of nongovernmental organisations working with CICL. In each city, the researchers visited barangays, police stations and police community precincts, family courts, oce of public prosecutors and public defenders, Parole and Probation Oce, the Bureau of Jail Management and Penology (BJMP), the City Social Welfare Oce (CSWO), and city jails and youth detention centres to conduct interviews with representatives of the ve pillars. For the interviews, children detained in the National Training School for Boys in Tanay and Marillac Hills in Alabang were also included. Thirty ve children were interviewed and ten interview results were selected for inclusion in the case studies. Considering the time frame, personnel and nancial resources available and the number of stakeholders involved, the number of interviews conducted was

limited. The project ensured that the number and selection of interview respondents adequately represented the pillar and the government agency to which they belong. A statistician has been hired as a consultant for this purpose. The project started in April 2002 and ended in March 2003. The interviews of the ve pillars were conducted from August to December 2002 and interviews of children were conducted from November to December 2002. To establish trends in oences committed by children for the past two years, the research examined court records. However, court records were limited to cases led between 2001 and 2002 on children in conict with the law. Three hundred fty (350) cases in all the family courts were covered by the project. However, information gathered were limited by the following factors: case has just been led and records were limited; incomplete court records; lack of case studies; and not all court records were given to the researchers. The court research was conducted between November and December 2002. The review of studies conducted with respect to CICL was limited to local researches conducted from 1980 onwards.

Chapter 1 Introduction

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

2 Methodology
To accomplish its objectives, the project used several data gathering methods, discussed in the succeeding sections. respondents. For the respondents who were either unavailable or refused to be interviewed, questionnaires were delivered to their oces. This was done to exhaust all measures in getting their responses. COMMUNITY The barangay, as the basic political unit, serves as the primary planning and implementing unit of government policies, plans, programmes, projects, and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallised and considered, and more importantly, where disputes may be amicably settled.4 THE BARANGAY CHAIR AND THE LUPON TAGAPAMAYAPA As the chief executive of the barangay government, the punong barangay or barangay chair has the following powers and duties:5 (b) For ecient, eective and economical governance, the purpose of which is the general welfare of the barangay and its inhabitants pursuant to Section 16 of this Code, the punong barangay shall: (1) Enforce all laws and ordinances which are applicable within the barangay; xxx (3) Maintain public order in the barangay and, in pursuance thereof, assist the city or municipal mayor and the sanggunian [barangay council] members in the performance of their duties and functions; xxx (10) Administer the operation of the Katarungang Pambarangay in accordance with the provisions of this Code; (11) Exercise general supervision over the activities of the sangguniang kabataan [youth council];

Interviews with the Five Pillars


To generate both quantitative and qualitative data on the situation of children in conict with the law and in the administration of the criminal justice system on children, the project utilised the interview process. A total of 349 representatives of the ve pillars of the criminal justice system were interviewed (see Table 2.1).
Table 2.1. Number of respondents interviewed from the ve pillars of justice Respondent
1 Barangay chairs 2 Lupon Tagapamayapa member 3 Family Court judge 4 Court social worker 5 Public prosecutor 6 Public defender 7 Patrol/Apprehending ofcer 8 Criminal Investigation Division 9 Drug Enforcement Unit 10 Women & Childrens Desk 11 Barangay tanod (village police) 12 City social worker 13 BJMP 14 House parent 15 Probation ofcer

No.
74 44 15 26 11 13 19 22 12 24 58 17 6 2 6

TOTAL

349

A questionnaire was developed according to the functions of each pillar and the objectives of the project. The questionnaires were nalised based on the comments of all the consultants and eld researchers. A pre-testing of the questionnaires was conducted in Makati City from 29 August to 5 September 2002. The interviews were conducted personally with the

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

(12) Ensure the delivery of basic services as mandated under Section 17 of this Code; (13) Conduct an annual palarong barangay [village sportsfest] which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports; (14) Promote the general welfare of the barangay; and (15) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. The lupon tagapamayapa (peace-and-order committee) is in charge of administrative supervision over the conciliation panels6 in the barangay. The law also requires them to meet once a month for the exchange of ideas among its members and the public on matters pertaining to amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations and experiences in eecting speedy resolution of disputes.7 The barangay chairs and members of the lupon tagapamayapa represent the community level and the barangay justice system. The interviewed respondents were chosen from a sample of barangays that re-elected their barangay chair in the 2002 barangay elections, as newly elected ocials may not have the substantial experience dealing with children in conict with the law. In addition, barangay chairs serve as head of the lupon tagapamayapa. At the time the interviews were being scheduled, the lupon may not have been constituted yet immediately after the elections or even if already constituted, new members may not have the experience in dealing with children in conict with the law at the community level. One member of the lupon tagapamayapa per barangay was interviewed. Those interviewed were members with experience in dealing with CICL.

Ten per cent of the respondent barangays were randomly chosen by the statistician from the list of barangays with re-elected chairs per city. The graphs in Figures 2.1. and 2.2. illustrate the segregation of the respondent chairs and members of the lupon according to city and sex:
%

Caloocan Manila Paraaque Pasay QC 0 10 20 30 40 50 60 70

80

Figure 2.1. Distribution of tanod respondents by city

female 26% male 74%

Figure 2.2. Distribution of barangay respondents by sex

THE BARANGAY TANOD One tanod was interviewed per respondent barangay. Being charged with the maintenance of peace and order within the community, the initial contact of children is usually with the tanod. Depending on the crimes charged, the tanod may refer the case to the barangay chair or the police for appropriate action. For the purposes of this project, the tanod were segregated from the chairs and members of the lupon. While the chairs and the lupon facilitate the conciliation of cases involving children within their jurisdiction, the tanod is the one in charge of bringing said cases before them
Chapter 2 Methodology

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

in the exercise of their function in maintaining peace and order. The graphs in Figures 2.3. and 2.4. illustrate the segregation of the tanod respondent according to city and sex:
Caloocan Manila Paraaque Pasay QC 0 10 20 30 40 50 60 70 80 %

In general, the PNP has the following powers and functions:8 (a) Enforce all laws and ordinances relative to the protection of lives and properties; (b) Maintain peace and order and take all necessary steps to ensure public safety; (c) Investigate and prevent crimes, eect the arrest of criminal oenders, bring oenders to justice and assist in their prosecution; (d) Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws; (e) Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his [her] rights under the Constitution; xxx (h) Perform such other duties and exercise all other functions as may be provided by law. One of the Operational Support Units of the PNP is the Criminal Investigation Unit, which is required by law to undertake the monitoring, investigation and prosecution of all crimes involving economic sabotage, and other crimes of such magnitude and extent as to indicate their commission by highly placed or professional criminal syndicates and organisations.9 The Narcotics Unit/Drug Enforcement Unit has the duty to enforce all laws relative to the protection of the citizenry against dangerous and other prohibited drugs and substances.10 The law also requires the PNP to establish womens desks in all police stations throughout the country to administer and attend to cases involving crimes against chastity, sexual harassment, abuses committed against women and children and other similar oences.11

Figure 2.3. Distribution of tanod respondents by city

female 5% male 95%

Figure 2.4. Distribution of tanod respondents by sex

LAW ENFORCEMENT From the law enforcement level, the police ocers from the following units of the Philippine National Police (PNP) were interviewed: Patrol and Apprehending Ocers Criminal Investigation Division Drug Enforcement Unit Women and Childrens Concerns Desk

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Out of the total number of police stations or police community precincts in each city, fty per cent were randomly chosen as respondent stations and precincts. One police ocer with experience handling children in conict with the law from each unit was interviewed. The segregation of the law enforcement respondents by city and sex is shown in Figures 2.5. and 2.6.

The following ocials were interviewed: Judges Public Prosecutors Public Defenders Court Social Workers Judicial power is vested in the Supreme Court and in lower courts such as the Regional Trial Court. Judicial power includes the duty of the courts to settle actual controversies involving rights that are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion on the part of any branch of the government. As a Regional Trial Court, the Family Court has a special jurisdiction to handle [c]riminal cases where one or more of the accused is below eighteen years of age but not less than nine years of age or where one or more of the victims is a minor at the time of the commission of the oence.13 Judges of the family courts are tasked to ensure the protection of the rights of children in conict with the law.14 The judge of the Family Court also has direct control and supervision of the youth detention home established by the corresponding local government unit.15 With respect to city prosecutors, they are required by law to full the following duties:16 a) Be the law ocer of the province or city, as the case may be. He [she] shall have charge of the prosecution of all crimes, misdemeanours and violations of city or municipal ordinances in the courts of such province or city and shall therein discharge all the duties incident to the institution of criminal prosecutions. b) Investigate and/or cause to be investigated all charges of crimes, misdemeanours and violations of all penal laws and ordinances within their respective

Caloocan Manila Paraaque Pasay QC 0 10 20 30 40 50 60 70

80

Figure 2.5. Distribution of respondents from law enforcement by city

female 33% male 67%

Figure 2.6. Distribution of respondents from law enforcement by sex

COURT AND PROSECUTION To represent the court and prosecution level, only ocials assigned in family courts were interviewed. The family courts have exclusive original jurisdiction to hear and decide the criminal cases where one or more of the accused is below 18 years of age but not less than nine years of age.12[1]

Chapter 2 Methodology

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

jurisdictions and have the necessary information or complaint prepared or made against the persons accused. In the conduct of such investigations, he [she] or his [her] assistants shall receive the sworn statements or take oral evidence of witnesses summoned by subpoena for the purpose. c) Investigate commission of criminal acts and take an active part in the gathering of relevant evidence. For this purpose, the National Bureau of Investigation, the Philippine Constabulary and other oces and agencies of the government shall extend to him/her the necessary assistance. xxx e) Assist the Solicitor General, when so deputized in the public interest, in the performance of any function or in the discharge of any duty incumbent upon the latter, within the territorial jurisdiction of the former, in which cases, he [she] shall be under the control and supervision of the Solicitor General with regard to the conduct of the proceedings assigned to him/her and render reports thereon. The Public Attorneys Office (PAO) is an agency attached to the Department of Justice (DOJ) and primarily responsible for the delivery of free legal services to the indigent in all civil, criminal, labour and administrative cases.17 The PAO is mandated to: 18 Provide indigent clients with free legal services; Provide the low-income and indigent sector access to counsel at the time of need; and Implement the constitutional guarantee of free access to courts, due process and equal protection of the law and rights of a person under investigation for the commission of an oence.

The term public defenders is also used to refer to lawyers working in PAO. With regard to court social workers, the law mandates the creation of a Social Services and Counseling Division (SSCD) in each judicial region as the Supreme Court deems necessary based on the number of children and family cases existing in such jurisdiction.19 The SSCD is required to provide appropriate social services to all juvenile and family cases led with the court and recommend the proper social action. It shall also develop programmes, formulate uniform policies and procedures, and provide technical supervision and monitoring of all SSCD in coordination with the judge. Duties of the court social workers include conducting intake assessment, social case studies, casework and counselling, and other social services that may be needed in connection with cases led with the court.20 There are two family courts in Caloocan; nine in Manila; one in Paraaque; three in Pasay; and seven in Quezon City. Due to the relatively small number of family courts in all cities, the project researchers interviewed all abovementioned ocials in each family court. However, a few ocials refused to be interviewed. Out of the 80 ocials in all cities, 15 were either unavailable or refused to be interviewed while 65 gave their permission to be interviewed. The segregation of respondent court and prosecution ocials by city and sex is shown in Figures 2.7 and 2.8.

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Caloocan Manila Paraaque Pasay QC 0 10 20 30 40 50 60 70

80

Figure 2.7. Distribution of respondents from the court and the prosecution by city

fugitive from justice, or person detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or violent mentally ill person who endangers himself [herself ] or the safety of others, duly certied as such by the proper medical or health ocer, pending the transfer to a medical institution.21 The city jail service shall preferably be headed by a graduate of a four-year course in psychology, psychiatry, sociology, nursing, social work or criminology who shall assist in the immediate rehabilitation of individuals or detention of prisoners. Great care must be exercised so that the human rights of these prisoners are respected and protected, and their spiritual and physical well-being are properly and promptly attended to.22 In Paraaque and Caloocan where there are no separate detention centres for children in conict with the law, BJMP ocers were interviewed to represent the correction level. Although there is a separate youth detention centre in Quezon City, which is the Molave Youth Reception Center, the said centre also receives assistance from the BJMP in terms of security. Hence, the BJMP ocers assigned in Molave were also interviewed. To maintain a freer atmosphere than the jail, youth detention centres employ houseparents rather than jail guards. Houseparents assist in providing for the basic services, ie, food and clothes, of the CICL. In Pasay Youth Homes and Manila Youth Reception Center, the respective houseparents assigned were interviewed. The segregation of respondent BJMP and houseparents by city and sex is shown in Figures 2.9 and 2.10 on the next page.

female 67% male 33%

Figure 2.8. Distribution of respondents from the court and the prosecution by sex

CORRECTION BJMP and detention centres The following ocials were interviewed as representatives of the correction level: BJMP ocers; and Houseparents in youth detention centres. Every district, city and municipality is required under the law to establish and maintain a secured, clean adequately equipped and sanitary jail for the custody and safekeeping of city and municipal prisoners, any

Chapter 2 Methodology

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Caloocan Manila Paraaque Pasay Q.C. 0 10 20 30 40 50 60 70

Caloocan Manila Paraaque Pasay Q.C.

80

10

20

30

40

50

60

70

80

Figure 2.9. Distribution of BJMP respondents and houseparents by city

Figure 2.11. Distribution of probation ofcer respondents by city

female 50% male 50%

female 67% male 33%

Figure 2.10. Distribution of BJMP respondents and houseparents by sex

Figure 2.12. Distribution of probation ofcer respondents by sex

PROBATION OFFICERS Generally, probation is available to CICL who are no longer covered by automatic suspension of sentence. A few cases of children applied for probation in Caloocan, Pasay and Quezon City but records do not reect whether those who applied were children no longer covered by suspension of sentence. There is at least one probation ocer in each city and his or her duties include the following:23 (a) Investigate all persons referred to him [her] for investigation by the proper court or the Administrator; (b) Instruct all probationers under his [her] supervision or that of the probation aide on the terms and conditions of their probations;

(c) Keep himself [herself] informed of the conduct and condition of probationers under his/her charge and use all suitable methods to bring about an improvement in their conduct and conditions; (d) Maintain a detailed record of his [her] work and submit such written reports as may be required by the Administration or the court having jurisdiction over the probationer under his supervision; xxx (h) Perform such duties as may be assigned by the court or the Administration. The probation ocers in Caloocan, Pasay and Quezon City with experience in handling cases of CICL were interviewed. According to the probation ocers in

10

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Paraaque and Manila, there were no cases of children that applied for probation in their respective cities. The segregation of respondent probation ocers by city and sex is shown in Figures 2.11. and 2.12. CITY SOCIAL WORKERS The responsibility of the national Department of Social Welfare and Development (DSWD) with respect to CICL was not among the functions devolved to the cities. Nevertheless, city social workers also come in contact and work with children in their respective cities once they enter the criminal justice system, specically, when a case has already been led in the family courts. A separate questionnaire was developed for the city social workers and the responses were tabulated separately. The appointment of a social welfare and development ocer is mandatory for city governments and they take charge of the oce on social welfare and development services. Their functions include the following:24 (1) Formulate measures for the approval of the Sanggunian [council] and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to endure the delivery of basic services and provisions of adequate facilities relative to social welfare and development services as provided for under Section 17 of this Code; (2) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may be, implement the same particularly those which have to do with social welfare programs and projects which the governor or mayor is empowered to implement and which the sanggunian is empowered to provide for under this Code; (i) Identify the basic needs of the needy, the disadvantaged and the impoverished and develop and implement appropriate measures to alleviate their

problems and improve their living conditions; (ii) Provide relief and appropriate crisis intervention for victims of abuse and exploitation and recommend appropriate measures to deter further abuse and exploitation; xxx (iv)Facilitate the implementation of welfare programs for the disabled, elderly, and victims of drug addiction, the rehabilitation of prisoners and parolees, the prevention of juvenile delinquency and such other activities which would eliminate or minimize the ill-eects of poverty; (v) Initiate and support youth welfare programs that will enhance the role of the youth in nation-building; (vi)Coordinate with government agencies and nongovernmental organisations which have for their purpose the promotion and the protection of all needy, disadvantaged, underprivileged or impoverished groups or individuals, particularly those identied to be vulnerable and high-risk to exploitation, abuse and neglect; xxx (5) Recommend to the Sanggunian and advise the governor or mayor, as the case may be, on all other matters related to social welfare and development services which will improve the livelihood and living conditions of the inhabitants; and (6) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. At least fty per cent of city social workers who have handled CICL were interviewed. See Figures 2.13. and 2.14. for the segregation of city social worker respondents by city and sex.

Chapter 2 Methodology

11

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Caloocan Manila Paraaque Pasay Q.C. 0 10 20 30 40 50 60 70

In some barangays, some respondents refused to be interviewed outright, while others said they were too busy; Compared with other government ocials, the team encountered more diculty scheduling appointments with them;

80

Figure 2.13. Distribution of city social workers respondents by city

There were respondents who promised to set an appointment and/or return our calls but did not do so; A few respondents do not know how to read; When questionnaires were sent out to those who were unable or refused to be interviewed as a last eort to get their responses, the questionnaires were not returned or lost when personal followups were made; There were respondents who were suspicious of the interviewers, thinking that they were government representatives checking their activities; Eorts to interview patrol and apprehending ofcers proved to be dicult as most of them are out of the precinct most of the time; and Even with the endorsement letters from the Supreme Court and the appropriate government agencies, a few court and prosecution ocials refused to be interviewed. The data generated by the interviews of the ve pillars were analysed quantitatively, using the Statistical Package for the Social Science (SPSS), and qualitatively.

female 76% male 24%

Figure 2.14. Distribution of city social workers respondents by sex

The project encountered the following challenges during the interview proper for all the pillars: Barangay ocials claimed there is no incidence of juvenile delinquency in their barangays; Other barangays claimed that the children arrested came from neighbouring barangays and would refer the interviewers to said barangays instead;

12

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Interviews with Children in Conict with the Law and Case Studies
The project also conducted interviews with children in jails and detention centres to represent the views of children. Five randomly selected children in each of the following jails and detention centres were part of the respondents interviewed: Caloocan City Jail National Training School for Boys Pasay City Youth Home Manila Youth Reception Center Marillac Hills Paraaque City Hall Molave Youth Reception Center A questionnaire was developed for the children and a pre-testing was conducted on 15 November 2002 at Makati City Jail. Three children were interviewed (2 males; 1 female). Before proceeding with the formal interview, the project was explained to the children and their permission was sought. Since the focus of the project is on the criminal justice system, the emphasis of the interview was on the process the children underwent from the time of their arrest onwards. Children were chosen based on random sampling. The data generated from the interviews were analysed qualitatively. The project encountered the following challenges in the course of the interview: The list of children was not up-to-date on the day of the interview; Lack of interview space in Caloocan City Jail; Children were pre-selected for the interview by

the centres. We had to explain to the children that the interview is not going to push through because we had to randomly sample the respondents; There were children who do not remember specic instances and details regarding their case. Others were either shy or do not have an answer to some of the questions or simply refused to answer; Some interviewers experienced emotional drain and burn-out in the interview process due the stories related by the children and to the number of the interview respondents; and There were interviewers who initially experienced apprehension interviewing male children charged with serious oences and sex-related oences. From the 35 respondent children, ve were chosen as case studies. The case studies represent the dierent status but common conditions and experiences of the children. The project used the following criteria as basis for choosing the case studies: The case is representative of the criminal justice process the children interviewed in the centre or jail underwent; The case illustrates the common concern/problem/issue in the implementation of the criminal justice system; and The child was able to answer questions and share experiences openly. Unless otherwise indicated, the term children is used interchangeably with children in conict with the law in this project.

Chapter 2 Methodology

13

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Review of Family Court Cases


In order to establish trends in oences committed by children in the past two years, records of active court cases led in 2001 and 2002 on children in conict with the law were examined. Three hundred fty cases in all the family courts covered by the project were included in the research. Aside from the crimes led in court, the personal and legal proles of the children were also gathered. In the course of the examination of court records, the researchers faced the following challenges: Some of the cases did not have a case study by the court social worker. Hence, some of the personal information, ie, economic and educational proles, were not available; Although the court personnel were generally accommodating, there were family courts that limited the research period to only one hour per day; and The list of cases by several of the family courts did not indicate the age of the accused, prolonging the research and making it more tedious.

REVIEW OF RELATED STUDIES Socio-economic and psychological studies conducted in the Philippines on children in conict with the law were also summarised and reviewed. The materials were limited to the studies conducted from 1980 onwards.

Methods of Validation
FOCUS GROUP DISCUSSIONS AND CONSULTATIONS One focus group discussion (FGD) per pillar in the criminal justice system was held to present the preliminary result, validate the results and solicit recommendations and views. The discussions were conducted during the following dates: Court and Prosecution 14 November 2002 Law Enforcement 21 November 2002 Community 26 November 2002 Correction and City Social Workers 10 December 2002 Non-government organisations (NGOs) 12 December 2002 PLENARY PRESENTATION A plenary presentation was held on 30 January 2003 from 2:30pm to 7pm at the Ateneo School of Law, Rockwell Center, Makati City. The result of the project was presented based on the interviews and research conducted. An open forum was scheduled after the presentation. National, city and barangay ocials and representatives from government agencies working with CICL and NGOs attended the presentation.

Other Document Researches and Reviews


GATHERING OF CITY AND BARANGAY ORDINANCES City and barangay laws and ordinances applicable to children in conict with the law were also collected and examined. The project collected available and relevant materials from the respective city council and the respondent barangays. The project strived to collect all existing laws. However, they were limited by the ability of government personnel to recall the existence of applicable laws and the compilation of laws preserved by the appropriate oces.

14

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

3 Summary of Related Studies


This chapter presents a summary of studies and researches involving CICL from 1980 onwards. Some of the studies and researches were limited to specic cities in Metro Manila while others had a nation-wide coverage. Dierent methodologies were employed, from face-to-face interviews to survey of secondary data and case studies. Although there was a variance in the objectives, there were commonalities among them as well. The studies presented a prole of the children and recommendations were given to improve their situation through changes in laws and programmes of the government or other stakeholders such as NGOs and research institutions. The Division of Research and Law Reform of the University of the Philippines (UP) Law Center conducted a Socio-Legal Research Project on Youthful Oenders from 1979 to 1981. Data from the project were gathered from the Juvenile and Domestic Relations Courts (JDRCs)25 project, detention centres and jails in Manila, Quezon City, Caloocan, Pasay, Makati, Pasig and Valenzuela. The 323 cases were categorised, coded and analysed.26 The following data were gathered by the project: Sex; Civil status and family background of the children; Distribution of cases in JDRCs and regular courts; Whether children were detained before case was decided; Status of cases distributed per cities; Type of oences; Specic months the crimes were committed; Length of trial; Whether the child was a repeat oender; Medical attention given to children; Whether the child was provided with counsel at the time of arraignment; Whether the child committed oence by himself or with others; and Distribution of places where the oences were committed. In 1983, a research project funded by the Law Research Council of the University of the Philippines entitled Legal and Psychological Perspectives on Philippine Juvenile Delinquency was published. The study was conducted by Salvador T. Carlota and Annadaisy J. Carlota with the general objective to investigate the problem of juvenile delinquency in the Metro Manila setting from the legal and psychological viewpoints.27 Specically, its objectives were to:28 1) Critically analyse the law on juvenile delinquency;

2) Gather the latest available statistics on juvenile delinquency in the Metro Manila area with respect to (a) certain demographic variables such as sex, age, socio-economic status, and the like, (b) types of crimes committed, and (c) the length of time consumed in the disposition of juvenile cases in the regular courts and the juvenile and domestic relations courts29;
3) Investigate the dierences in approach and procedure between the regular courts and juvenile and domestic relations courts in trying juvenile cases; 4) Identify the probable psychological causes of juvenile delinquency; 5) Determine the intellectual and personality proles of juvenile delinquents; and 6) Suggest criteria for the evaluation of the ecacy of treatment programmes of rehabilitation centres.

Save the Children UK

15

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Data were gathered through interviews of participant judges, children in conict with the law and personnel of rehabilitation centres. Forty seven male and 31 female children in conict with the law were included in the study. Included in the ndings is the fact that judges are not automatically informed of the childs age and they learn of the age only upon personally asking the child.30 The study also showed that there is a possibility of discriminatory treatment for cases before the juvenile and domestic relations courts compared to those tried in regular courts, with the dierential treatment working against the child whose case was tried by the latter.31 The authors recommended the following actions:32 A more systematic method of record keeping with respect to court records of children in conict with the law; Creation of a programme that incorporates systematic attempts to bring about personality and attitudinal changes, specically, in moral standards; emotional stability and self-control, tolerance for frustration, and in self-concept; Conduct researches that will evaluate the eectiveness of treatment programmes in rehabilitation centres; and Additional researches on the prevention of juvenile delinquency. In 1993, the Department of Sociology of the Polytechnic University of the Philippines (PUP) conducted a descriptive study of the status and situation of children in conict with the law. The roles of dierent government agencies involved with the children were also included in the study. The study, The Situation of Youthful Oenders in the Philippines, used the case study method and covered nine children nationwide. The research project was commissioned by the Defense for Children International-Philippine Section, with funds
16
Save the Children UK

provided by the SC-UK. According to the study, the most common feature among the nine children is their poor economic conditions under which they came into conict with the law.33 Aside from these conditions, the criminal justice system, which the children underwent, also served as a challenge to these children. The study observed the following disparities between the claims of the government institutions and the actual experiences of the children:34 Not one of the nine children was brought by the police to medical personnel for physical examination, or to a psychologist for mental examination; The police were unaware that special treatment should be accorded to minors. They do not even know that the DSWD should be notied; Some of the children were not formally charged with vagrancy by the arresting police ocers. The children were kept in jails for a number of days before they were released or transferred to a Lingap Center for street children; Some of the children were physically abused by police ocers even before the children reached police headquarters and the prosecutor overlooked this; Court trial takes a long time; The detention centre does not function as a rehabilitation centre, but a place for survival and a training ground for criminality; Programmes and services in youth rehabilitation centres, whether regional or local, are inadequate, ie, in-house education that are not being implemented and insucient medical and dental services; Except for sportsfests, not one of the nine children covered have come across the community-based

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

programmes of the government; and The intervention of DSWD, while the children are going through the juvenile justice system, is inadequate. The childrens cases only come to the attention of the DSWD after they have been in jail for a number of days, or even weeks and months. The Bureau of Child and Youth Welfare, DSWD and the National Police Commission Crime Prevention and Coordination Service undertook a joint project entitled Survey on Youth Oenders at Camp Sampaguita and Correctional Institute for Women. The survey was published in April 1993. The survey covered children conned at Camp Sampaguita and Correctional Institute for Women as of January 30, 1992. Fifty one children were interviewed for the survey. The survey concluded that poverty is one of the causes of juvenile delinquency. A signicant percentage of the childrens parents have low income and this is attributed to the fact that they have low educational attainment. According to the survey, this situation provided an impoverished environment for the children where prospects for advancement, socially and economically, became improbable.35 With respect to the criminal justice system, the survey made the following conclusions:36 The law enforcers had no orientation on how to handle cases of children at the time the children committed the oence; The physical environment and accommodation at the city, municipal, provincial jail, Camp Sampaguita or Correctional Institute for Women do not comply with the standards established by the United Nations Rules for the Protection of Juveniles Deprived of Liberty, Standard Minimum Rules for the Administration of Juvenile Justice and the UN CRC; and

There is no concrete rehabilitation programme for the children while in connement. The Australian Agency for International Development (AusAID) National Project on Street Children and the United Nations Childrens Fund (UNICEF) sponsored a three-year project that aims to improve the psychological rehabilitation and therapeutic interventions for the sexually abused, the substance abusers, and those in conict with the law. The publication of the project, Listen To Their Inner Voice: Street Children Speak Through Their Drawings and Metaphors (1996), was written by the overall coordinator, Dr. Maria Lourdes A. Carandang. The project used a clinical, holistic and in-depth approach as its research design. Twenty three CICL were interviewed. Among the direction and strategies identied by the project, the following refers specically to CICL: xxx 5. Children in conict with the law and substance abusers view the world as hopeful. They do so because now there are people who care. They must rst be listened to, given clear rules, informed of consequences and given corresponding punishment to satisfy their need for consistent and rm limits. In small groups, they can be helped to visualise future scenarios and the steps to achieve them, to capitalise on and encourage their sense of hope. xxx 6. Children in conict with the law also view themselves (with pride) in being helpful to others. This can be used as entry point to channel their impulses toward more constructive things. This can be a group project so they can really be proud of their accomplishments as a team, this team being composed of their peers or barkada. They can also act as junior residents to explain or enforce the rules and take care of the new residents.
Chapter 3 Summary of Related Studies

17

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

xxx 9. Stop police brutality. The further trauma caused by police harassment and brutality among children in conict with the law must be stopped xxx 14. Parent surrogates. Children in conict with the law, like substance abusers, need to belong to a peer group with a strong parent gure as well. This lls a deep longing for love and intimacy which they seem to have found in their peers as parent surrogates. It is also important to develop and strengthen this peer support which should be directed toward helping them get away from the stigma of being bad and being doomed to be bad. xxx 15. Dierent counseling approaches. The three groups require dierent counseling approaches The need to set limits and disciplinary approaches for substance abusers and children in conict with the law. On the other hand, substance abusers and children in conict with the law need guidance to erase their bad label. This can be done through small groups (peer power) discussions. Here they discuss and share this issue in terms of right and wrong, and later directed to plan and work together on a project that can make them proud of themselves. They need to experience a rm, but not cruel or insulting, disciplinary approach and consistent limit-setting Specific intervention strategies for three groups The substance abusers and children in conict with the law need to form meaningful and constructive relationships with peers and, as mentioned previously, to have a rm and consistent, but not harsh and insulting, disciplinary program. 16. Mother gures and father gures. The sexually abused and children in conict with the law need to experience positive and nurturing mother gures,
18
Save the Children UK

in terms of the therapeutic relationshipCaregivers must be willing and able to provide these surrogate parent gures eectively. In this aspect, transference and counter-transference issues must be eectively handled. xxx 19. Moral deterioration of children in conict with the law. It is urgent that we focus on the continuing moral deterioration of children in conict with the law. This gradual erosion or inadequate development of conscience can be healed by fostering a trusting relationship with them and involving their peer group in the redirection of behaviour. Setting rm and consistent limits of right and wrong, without violating their dignity is necessary xxx 22. Dierences in experience of guilt. It is also important that moral dierences in dealing with guilt among three groups be the basis of directions in their moral development. xxx Children in conict with the law must be given early moral intervention to prevent further erosion of their conscience. The caregiver must connect with their guilt as entry points in developing a rmer sense of right and wrong and an inner responsibility for owning their actions. Also in 1996, Dr Exaltacion Lamberte conducted a baseline study for the programme, Street Education: An Alternative Response to Street Children, which was being implemented by the Inter-City Committee on Street Education (ICCSE). The study entitled, Todays Metro Manila Street Children aimed to provide benchmark information about the life situations of street children in Metro Manila, specically, Manila, Pasay, Quezon and Mandaluyong. The study sought to:

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

1) Provide information on the background characteristics of selected street children; 2) Describe their family situations; 3) Identify deviant behaviours they engage in; 4) Ascertain the factors that contribute to their existing conditions and life situations; 5) Identify their needs and the services they require; and 6) Provide information on the kind of services they receive from various individuals and organisations.37 The study covered a total of 700 sample street children and made use of face-to-face structured interviews. Convenient sampling techniques were utilised in the selection of subjects. According to the study, the main deviant behaviours street children engage in are gambling, use of prohibited drugs, sexual behaviours and commission of illegal acts.38 The data also showed that 52.21 per cent had been previously arrested by the police, 70.27 per cent in connection with bagansiya39 or police raids. Other reasons for arrest include the following: being a suspect in a crime; use of prohibited drugs; snatching, gambling, vagrancy, begging and pedicab driving without a license.40 The study also revealed that upon arrest, 30.46 per cent of the children were punished by takal, ie, being beaten with a piece of wood (2 x 2); 26.46 per cent were asked to clean the precinct; 5.85 per cent were asked to give a massage to the police; and 2.78 per cent were asked to give money to the police. No punishment was given to the rest of the children covered by the study.41 In 1996, the Philippine Action for Youth Oender (PAYO) also undertook a nation-wide survey of children in conict with the law entitled Youth in Detention: Issues and Challenges, A Nationwide Survey. The

objective of the survey was to document the situation of children in detention. Data were obtained through actual interviews of children inside the city jails in key cities nation-wide. Two hundred thirty two children nation-wide were interviewed. The socio-demographic characteristics of the children were described in the survey and the implementation of existing laws on children in conict with the law was also analysed. The survey concluded that the condition in detention violates the fundamental principle of the promotion of the well-being of children and that they are trapped in institutions that are very punitive in character.42 The Philippine Government, with the assistance of UNICEF, reviewed the trends and issues that have direct impact on children and women. The result, entitled Situation of Children and Women in the Philippines, was published in 1997. In cases where the child is the accused, the government recognised the need to continue addressing current problems in the juvenile justice process, specically:43 Apprehension: simple procedures for arresting oenders are often disregarded by law enforcers (e.g., physical examination, provision of the services of a lawyer); Detention: youthful oenders are often mixed with adults; a long period of detention is not uncommon; inadequate facilities and services; Adjudication: slow disposition of cases; lack of specialised training for judges in handling youthful oenders in court; Post-adjudication and rehabilitation: jails and correctional institutions have inadequate facilities and services; community-based rehabilitation programmes need support to provide school and work opportunities to returning oenders.

Chapter 3 Summary of Related Studies

19

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

The following issues were also identied as requiring immediate attention:44 (a) The pre-trial detention; (b) Need for separate detention centres for minors; (c) Need to improve and expand community-based rehabilitation programmes for the children in conict with the Law; (d) New set of rules and procedures appropriate and sensitive to childrens psychological maturity. The Adhikain Para sa Karapatang Pambata (AKAP), in partnership with the UNICEF, conducted a study on the situation of children in conict with the law entitled Situation Analysis on Children in Conict with the Law and the Juvenile Justice System. The objectives of the study are the following: To analyse data and existing studies on children in conict with the law; To assess the current situation of the administration of juvenile justice in light of the principles and relevant provisions of the UN CRC; and To recommend practical and achievable steps toward reforming the juvenile justice system. The study was conducted through review of data covering 1993 to 1997 on various aspects of Juvenile Justice System. Information was derived from existing studies, surveys and reports prepared by concerned groups concerned with CICL. Materials were supplemented by actual interview and responses to questionnaires sent to selected institutional respondents. Dialogues with judges and designated courts for childrens cases were conducted from April to June 1997.

The following recommendations were made after analysis and investigation of the situation of CICL: 1. Law enforcement ocers, prosecutors, judges, court social welfare ocers, public attorneys and legal aid groups should be given orientation seminars on international human rights instruments and child-related laws with emphasis on juvenile justice. 2. Government agencies and institutions engaged in defending youthful oenders should coordinate their eorts in providing protection to these children by establishing a common monitoring system covering the various stages of the juvenile justice process. 3. Specialised juvenile and domestic relations courts should be created. 4. Support programmes for street children and other similarly vulnerable children should be increased as preventive measures. 5. More facilities exclusively for children who are detained and sentenced should be constructed to prevent mingling with adult oenders. 6. Community awareness of and involvement in non-institutional rehabilitation programmes and services should be enhanced. 7. NGOs engaged in multi-disciplinary outreach programmes with CICL should form a network to maximise extension of assistance to these children. 8. A comprehensive review of existing laws and procedures on juvenile justice in the light of the UN CRC and other international standard-setting instruments aecting CICL should be undertaken for purposes of law reform.

20

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

The National Youth Commission (NYC) commissioned the Social Weather Stations for the survey on the situation of the youth. It also tapped the services of experts from the academe and government institutions to prepare the document The Situation of Youth in the Philippines that was published in 1998. Statistics and previous studies conducted on youth oenders,45 delinquent youth46 and drug-dependent youth47 were cited in the report.
As seen in this chapter, there have been several studies and researches that focused specically on or included CICL in the Philippines since 1980. Most of the studies provided a prole and background of the children and their family and the type of oences or crimes committed by the children. Emphasis was also given

to the processes that the child undergoes, from apprehension by law enforcement ocials, court procedure, and rehabilitations services provided at the correction level. The studies and researches identied the gaps and problems in dealing with CICL both in the law and in practice. Recommendations were then provided. In the succeeding chapters, the results of previous studies and researches are compared with the present results of the project in the presentation of data, analysis and recommendations. This is one way of measuring if there have been improvements or a worsening of the situation in terms of law applicable to CICL and in the practice and procedure of the ve pillars in dealing with these children. The project also examined past recommendations in order to see its applicability in the context of the present situation.

Chapter 3 Summary of Related Studies

21

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

4 International and National Laws Related to Childrens Justice


This chapter presents the international laws related to childrens justice with special focus on the UN CRC and provides a discussion of existing laws and regulations in the Philippines in the light of the provisions of the UN CRC. Special focus was given to issues on criminal responsibility, deprivation of liberty and capital and life imprisonment of a juvenile in conict with the law with the aim of identifying the gaps in law and practice using the provisions of the Convention as a framework. Recommendations on appropriate changes in legislation, procedure or practice were also provided. The chapter also presents a descriptive discussion on how a juvenile in conict with the law is proceeded against in accordance with the laws of procedure on juvenile in conict with the law in the Philippines, while comparing such procedures with the minimum standards set forth in the UN CRC, the UN Guidelines for the Administration of Juvenile Delinquency (the Riyadh Guidelines), the UN Standard Minimum Rules for the Protection of Juvenile Justice (the Beijing Rules), and the UN Rules for the Protection of Juveniles Deprived of their Liberties (JDL Rules). PHILIPPINE LEGISLATION The age of criminal responsibility under the Revised Penal Code of the Philippines is over nine years of age. Therefore, a person under nine years of age is exempt from criminal liability (see Table 4.1.). 48 The exemption is absolute, thus a child who commits an oence shall instead be committed to the care of his or her parents, guardians, nearest relatives or friends under the discretion of the court and subject to its supervision.49 On the other hand, a person over nine and under 15 years of age is likewise exempt unless he or she is proven to have acted with discernment.50 Philippine laws do not provide for the denition of discernment but the Supreme Court interpreted discernment to mean the mental capacity of the person to understand the dierence between right and wrong51 and to fully appreciate the consequences of his or her unlawful act.52 If the child acted with discernment, he or she shall be proceeded against as a youth oender with his or her age serving only as a mitigating circumstance in the imposition of the penalty.53 To be proceeded against as a youth oender means that the child, upon entering the criminal justice system, shall be subjected to a dierent set of rules on criminal procedures. The eect of the mitigating circumstance of age is the lowering of the penalty imposed. While a child over nine but less than 15 years of age is not exempt from criminal liability, he or she is presumed to be without criminal capacity. This presumption may be rebutted if it could be proven that the child was capable of appreciating the nature and criminality of the act, that is, he or she acted with discernment.54 However, where a minor oender is 15 years of age or over but under 18 years of age, he or she is absolutely presumed to have acted with discernment and is therefore not exempt from criminal liability. Being a minor, he or she will be proceeded against as a

Criminal Responsibility
INTERNATIONAL LAWS Article 43 of the UN CRC requires State Parties to establish a minimum age below which children shall be presumed not to have the capacity to infringe the penal law. Rule 4 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, otherwise known as the Beijing Rules, proposes that the beginning of the age of criminal responsibility shall not be xed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity of the child.

22

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

youth oender with his or her minority being merely a mitigating circumstance and not an exempting one. Exemption from criminal liability does not include exemption from civil liability. The parents and other persons exercising parental authority over the child may be civilly liable for the injuries and damages caused by the minor subject to appropriate defences provided by laws. The civil liability shall be enforced in accordance with Article 221 of the Family Code, Articles 2176, 2180 and 2181 of the Civil Code, Article 101 of the Revised Penal Code and Rule 111 of the Revised Rules of Criminal Procedure.
Table 4.1. Degree of criminal responsibility by age Age
Below 9 years old Over 9 to below 15 years old

Furthermore, the Supreme Court, which is vested with the power to interpret laws, may have construed the provision in the Revised Penal Code in the 1989 case of Guevarra vs. Almodovar57 by specically mentioning that minors nine years of age and below are not capable of performing a criminal act. On the other hand, minors above nine years of age but below 15 are not absolutely exempt. Nevertheless, the determination of the age of criminal responsibility was not the issue in the Almodovar case but was discussed in the light of the issue on whether the child who was just 11 years old at the time of the commission of the oence acted with discernment. In 1997, Republic Act (RA) No. 8369 otherwise known as the Family Courts Act of 1997 was signed into law. The new law established the Family Courts granting them exclusive jurisdiction over all cases involving children including criminal cases where one or more of the accused is below 18 years of age but not less than nine years of age.58 By virtue of its power to promulgate rules concerning procedure in courts, the same Supreme Court that ruled on the case of Guevarra vs. Almodovar issued the Rule on Juveniles in Conict With the Law, which took eect on 15 April 2002. The Rule was made applicable to a person who at the time of the commission of the oence was below 18 years of age but not less than nine years of age.59 Likewise, the Rule dened age of criminal responsibility as the age when a juvenile who is nine years of age or over but less than 15 years commits an oence with discernment,60 thus, including a child nine years of age in the category of juvenile in conict with the law. Evidently, the Rule on Juveniles in Conict with the Law followed the wording of the Family Courts Act of 1997 (see Table 4.1. for illustration of dierent laws and rules of procedure dening the minimum age of criminal responsibility).

Criminal Responsibility
Absolutely no criminal responsibility. No criminal responsibility unless the child is proven to have acted with discernment. Penalty is lowered by two degrees because of age. Absolute criminal responsibility. Penalty is lowered by one degree because of age.

15 to below 18 years old

ANALYSIS AND RECOMMENDATIONS The laws delineating the criminal age of responsibility have not given the exact age or benchmark as to what age the criminal responsibility of the child actually starts. The Revised Penal Code denes the age of criminal responsibility as over nine years of age.55 It seems that a person who is exactly nine years of age was overlooked and can be neither specically exempted nor be held liable for a crime. The Child and Youth Welfare Code or Presidential Decree (PD) 603,56 a later law enacted in 1974 or 42 years after the enactment of the Revised Penal Code, shed light on the latters provision when it stated that a child nine years of age or under at the time of the commission of the oence is exempt from criminal responsibility.

Chapter 4 International and National Laws Related to Childrens Justice

23

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Faced with these inconsistencies in the laws and rules of procedure, the problem arises on whether to exempt children who are nine years of age at the time of the commission of the oence. Under the rules on statutory construction, the Supreme Court has consistently followed the pro reo doctrine where penal statutes are to be strictly construed against the government and liberally in favour of the accused61 should a penal provision be subject to dierent interpretations. The power to interpret the laws lies with the Supreme Court. Nevertheless, there is not one Supreme Court ruling to date that one can cite as authority regarding specic interpretation on whether age of criminal responsibility starts at the age of nine or below nine years of age. This lack of ruling is due to the limitation of the judicial power of the Supreme Court, that is, it can settle only actual controversies62 and can only issue binding declaratory judgment that involves parties with real conicting legal interests. However, it cannot issue binding advisory opinion, which is a response to a legal controversy posed in the abstract in advance of any actual case in which it may be presented. An advisory opinion binds no one.63 The issue on age, then, remains a question until such time that a case shall reach the Supreme Court for a denite interpretation. Perhaps the very few number of children aged nine who were involved in violation of laws was the reason this issue was never tackled. The implication, however, is if the provision of the Revised Penal Code originally intended not to include a nineyear-old child in the category of juvenile in conict with the law, subsequent laws and rules enacted, particularly the Family Courts Act of 1997 and the Rule on Juvenile in Conict with the Law, might have in fact lowered the minimum age of criminal responsibility. One may also infer that in practice, dierent interpretations by the pillars in the application of the law might result in actually lowering the minimum age

of discernment. There is a need therefore to clarify the benchmark for the minimum age. Another important issue regarding the law on the minimum age of criminal responsibility is that it has remained stagnant for over a century in the Philippines. While it has been proposed to be a subject matter of study in Congress, no amendment of the law has ever been made. As early as 1887, when the rst Penal Code was adopted verbatim from Spain, the law had already recognised minority as an exempting circumstance from criminal liability (see Table 4.2.). The old Penal Code, then the subsisting Penal law in the Peninsula, was merely ordered to take force and be applied in the Philippines upon publication in the Ocial Gazette.64 The old Penal Code, as amended in accordance with the recommendations of the Code Committee, was ordered published and was subsequently made eective. Act No. 1438 and Act No. 3203, the pioneer juvenile delinquency laws in the Philippines, failed to provide for any amendment or elaboration to the provisions of the old Penal Code on minority as an exempting circumstance. Even when the old Penal Code was revised and entitled as the Revised Penal Code, which became eective in 1932, there remained neither changes nor deliberations by the Code Committee on the provisions on minority. The law consistently recognized that minors above nine and less than 15 years of age are not criminally liable unless proven to have acted with discernment; and that minors between 15 and below 18 years of age are presumed to have acted with discernment. Subsequent laws such as PD 603, governing JICL, provide for the same rules as it did before the passage of the Revised Penal Code. If society is to be governed by penal laws, which reect standards deemed suitable in accordance with the times, there is a need for legislature to look into the law on minimum age of criminal responsibility.

24

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 4.2. Evolution of policy setting the minimum age of criminal responsibility Law*
RPC P.D. 603 P.D. 1179 RRAPIYO R.A. 8369 Art. 189 Sec. 1 Sec. 3 (b) Sec. 5 Sec. 1 Ron JICL Sec. 4(m) Sec. 5

Article / Section

Minimum age
Over 9 but under 18 years old Over 9 but under 21 years old 9 years old or under shall be exempt Over 9 but under 18 years old 9 years old or under shall be exempt After his 9th but before his 18th birthday Below 18 but not less than 9 years of age Below 18 but not less than 9 years of age 9 years of age or over but under 15 years with discernment Under 9 years if age shall be exempt

Year enacted
1932 1974 1977 1995 1997

2002

Note: RPC - Revised Penal Code; PD 603 - The Child and Youth Welfare Code; PD 1179 - Amending Certain Provisions of PD 603; RRAPIYO Rules and Regulations on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Oenders; RA 8369 The Family Courts Act of 1997; Ron JICL Rules on Juveniles in Conict with the Law. The minimum age of criminal responsibility in the country is anchored on the childs capacity for discernment. Under Philippine jurisprudence, discernment means the mental capacity to understand the dierence between right and wrong.65 More than the mere understanding and knowledge of the dierence between right and wrong, however, it means the mental capacity of a minor to fully appreciate the consequences of his/her unlawful act.66 It connotes that the accused committed the wrongful act with the intention and knowledge that it is a crime to perform such act and not merely knowing that it is wrong to do it.67 To prove discernment, it must appear from the evidence that the accused acted with knowledge of the nature of his or her acts and of the results, which would naturally follow therefrom.68 Philippine jurisprudence would therefore show that discernment relates to intelligence. It

bears pointing out now that the basic reason behind the enactment of the exempting circumstances, such as minority, in the Revised Penal Code is the absence of intelligence, freedom or action or intent on the part of the accused.69 Without the power of intelligence, necessary to determine the morality of human acts to distinguish a licit from an illicit act, no crime can exist, and because the infant has no intelligence, the law exempts him or her from criminal liability.70 There are no xed predetermined standards to guide the courts in the determination of discernment, leaving it up to the appreciation of trial judges to decide whether the accused minor has acted with discernment. The Supreme Court, however, has declared that in determining the presence of discernment, the Court takes into consideration all the facts and circumstances provided by the records in each case, the appearance, attitude and comportment of the accused not only before, during and after the commission of the act, but even during trial.71 In the light of the above rulings, redening the minimum age of criminal responsibility would require a careful exploration on the age by which children are

Chapter 4 International and National Laws Related to Childrens Justice

25

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

deemed to have sucient intelligence to understand the morality of their acts. As recommended in the Beijing Rules, the emotional, mental and intellectual maturity of the child must be taken into consideration in determining such age. To achieve this, resorting to the ndings of experts in the eld of developmental psychology is essential. The works of renowned child psychologists Jean Piaget and Lawrence Kohlberg have been constantly used as bases for increasing the minimum age of criminal responsibility and reshaping juvenile justice policies all over the world. The Cognitive Development Theory by Piaget shows that, as children mature, their ability to think and to reason advance through a series of distinct stages or a sequence of cognitive growth.72 Interestingly, it recognises that children in the Concrete Operational Stage (approximately above seven and twelve years old) can only reason logically when dealing with concrete tangible information and are not capable of thinking abstractly. The concrete operational child can take the role of others and understand their perceptions, cognition, and feelings, as well as elaborate concepts of causality, time, space, number, and the operations of conservation, during this period.73 However, while the child can solve problems if stimuli are present, the child has diculty in verbal and mental manipulations.74 This theory is supported by the Moral Judgment Theory of Kohlberg, which maintains that children cannot make sound moral judgment until they achieve a high enough level of cognitive maturity to look at things as others might see them.75 Kohlberg proposed a three-level, six-stage theory of the development of moral judgment. The Preconventional Level covers the ages above three and under ten. In this rst level of maturity, the childs moral judgments are dominated by considerations of what will be punished and what feels good. The

child is not concerned with what society denes as the right way to behave in a certain situation. He or she is only concerned with the concrete consequences of action, such as punishment, reward and exchange of favours.76 The Conventional Level covers the ages above nine and under thirteen. At this second level of moral judgment, the child is yet unaware of the implications of his/her actions. To such child, the law emerges as a central value. However, he or she appreciates not only the centrality of law but also the centrality of the value of life. Thus, when the values of law and life openly conict, the child has trouble choosing between these. Kohlberg believes that at this stage the child cannot yet deal with situations in which a system of laws or beliefs comes into conict with basic human rights.77 The Postconventional Level is attained either at the age of 13, or not until young adulthood. Sometimes, this level is never attained.78 In this third level of moral judgment, the individual acknowledges the possibility of conict between two socially accepted standards and tries to decide which of these to choose. There is control in the standards observed and the reasoning about right and wrong. The moral judgment of the child considers principles such as justice, individual rights and contracts.79 Although a mere presentation of the above theories, among perhaps a hundred others, will not suce to make concrete recommendations at this point as to the appropriate age of criminal responsibility, it nevertheless supports the view that at nine years of age, the child is still incapable of acting with discernment. Hence, the need to raise the minimum age of responsibility to an age at least above 12 or 13 years old, below which the child does not yet have suciently developed cognitive and moral skills to rightly judge his or her actions and their consequences.

26

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

It is submitted, however, that the ages determined in the above theories are mere averages and that these may vary considerably depending on the cultural background and socio-economic factors aecting the child. To recommend a specic minimum age of criminal responsibility, therefore, would necessitate the conduct of a thorough study on how the underlying cultural, social and economic factors in Philippine society aect the Filipino childs capacity for discernment. There have been various legislative proposals on juvenile justice in Congress to increase the age of criminal liability. Members of various groups that made the proposals dier in their views about increasing the age of discernment considering there are perceptions in Congress that there had been an increased number of young persons committing serious crimes. In fact, in 1999 legislators were prompted to lower the age of death penalty from 18 to 16 years of age owing to several news headlines about minors committing heinous crimes. This is actually a retrogressive act on the part of Congress, considering that the UN CRC prohibits the imposition of death penalty on minors. Proposals from various groups have been made to increase the minimum age of criminal responsibility from 12 or 15, or even 18 years of age. However, most of the bills led in Congress are proposing 12 years as the minimum age of criminal responsibility. Whether an extensive and comprehensive study has been made to provide a strong empirical support for using the age of 12 as benchmark is no more important than as a strategy for the acceptability of the age especially considering the evident perception of Congress as shown in 1999 on JICL and the need to reconcile the proposals with existing laws such as the Revised Penal Code, which provide for over nine years as a minimum age of criminal responsibility.

Deprivation of Liberty
INTERNATIONAL LAWS The UN CRC sets no lower age limit on restriction of liberty. It merely provides in Article 37(b) that no child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest possible time. The Committee on the Rights of the Child has expressed concern at the restriction of the liberty of young children and has advanced the view that the minimum age should be set in relation to other basic principles of the Convention such as the principles of Non-discrimination (Art. 2), Best Interests of the Child (Art. 3), Survival and Development (Art. 6) and that the child shall only be separated from his or her parents when such separation is necessary for the best interests of the child (Art. 9). It should be noted that the minimum age for deprivation of liberty does not only refer to the restriction of the childs liberty within the penal system but also relates to the asylum-seeking and the placement of children in welfare and health institutions. 80 PHILIPPINE LEGISLATION Philippine law does not set an age limit for deprivation of liberty or imprisonment. It may be presumed that this age is the same as the age of criminal responsibility set by law that permits the child at least over nine years of age and suspected of having infringed the penal law, if unable to furnish bail, to be committed to the care of the DSWD or a local rehabilitation centre or detention home, or in the absence of such within the locality, in a jail facility separate from adult detainees.81 The court, however, may, in its discretion and upon the recommendation of the DSWD, release a child on recognisance to the custody of his or her parents
27

Chapter 4 International and National Laws Related to Childrens Justice

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

or other suitable person.82 Even with respect to a child below nine years of age who is suspected of committing a felony, although the child is exempt from criminal responsibility, the law places the responsibility of committing the child to the custody of his or her parents upon the Court in its discretion.83 Thus, before the child is brought before the Court, the child will remain in the custody of the arresting ocers or the DSWD and consequently deprived of his or her liberty. However, the law mandates the arresting ocers to contact the childs parents and the DSWD within eight hours from the childs apprehension. ANALYSIS AND RECOMMENDATIONS The UN CRC does not set a minimum age for deprivation of a childs liberty including the childs commitment to a welfare institution. However, it is well to heed the Committees recommendation that such matters be considered in relation to the basic principles of the Convention, particularly, the principle that the child shall only be separated from his or her parents when such separation is necessary for the best interests of the child. It may be assumed that since Philippine law imputes criminal responsibility only to minors over nine years of age, it thus follows that the minimum age of deprivation of liberty is also over nine years of age. Analysis of the system would nevertheless show the contrary. In actual practice, Filipino children may be deprived of their liberty either in connection with a commission of a felony or misdemeanour, in connection with a clean-up drive, the rounding-up of street children or a curfew violation. With respect to children accused of committing a crime or misdemeanour, the law provides an alternative to detention or institutional placement in the form of recognisance or release of the child to the care of his or her parents or other suitable person who shall
28

be responsible for the childs appearance in court. Nevertheless, such release on recognisance is a matter left to the discretion of the judge only upon the recommendation of the DSWD, thus, necessitating the temporary deprivation of the childs liberty, either in a police station, in jail or in a welfare or rehabilitation centre of the State, until the DSWD submits its assessment and recommendation and the childs case is called in court. Even in cases of children below nine years old who are considered exempt from criminal liability, the law leaves it up to the discretion of the trial judge to decide whether or not to commit the child to his or her parents. This system permits the deprivation of the child, albeit only temporary, notwithstanding that the child is exempt from criminal liability. The situation of the child is aggravated where there is no DSWD within the locality where the crime was allegedly committed and where the existing jail facility does not provide for separate cells or rooms for minor oenders, thus exposing the child to criminal contamination by adult and hardened criminals. Even among other youth detainees within a jail facility or a detention or rehabilitation home, the child is still exposed to a prison culture where gangs exist. Thus, instead of being rehabilitated and reformed, the child is further socialised into criminality. In the above situations, the creation of diversion measures to remove the child from the criminal justice system and redirect the child to alternative programmes assumes importance. It should be pointed out that even one day in jail or a detention facility away from home, family and friends can mean a lifetime of trauma for a child, especially a rst-time oender, and more so for an innocent child who was wrongfully apprehended or who is exempt from criminal liability. Philippine law institutionalised the diversion system under the Katarungang Pambarangay Law, the Family Courts Act of 1997 and the Rules on JICL. Diversion is discussed more thoroughly in Chapter 8 of this report.

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Capital Punishment and Life Imprisonment


INTERNATIONAL LAWS

ANALYSIS AND RECOMMENDATIONS The law clearly prohibits the imposition of capital punishment on persons below 18 years. It is disheartening to note that there have been several occasions where children can be included in the countrys death row list. Such a clear violation of the law may be attributed to some judges misapplication of or failure to appreciate the law and to the incompetence of the childrens counsels at the trial level. A common diculty faced by these children at the trial level is the lack of proper documents to prove their real age. To eectively implement the State policy against death penalty for minors, therefore, would necessarily entail the development of an eective system of birth registration as well as the continuous training of judges and prosecutors on the proper interpretation of the laws aecting children and the appropriate handling of cases of youth oenders.

The UN CRC prohibits in Art. 37 (a) the imposition of capital punishment and life imprisonment without the possibility of release for oences committed before the age of 18.
PHILIPPINE LEGISLATION Consistent with the UN CRC, Philippine law prohibits the imposition of death penalty below 18 years of age at the time of the commission of the crime. This prohibition is contained in Sec. 22 of Republic Act 7659, or the Death Penalty Law, which prescribes the ultimate penalty of death for certain heinous crimes. Even without such law, however, no children can be meted the death penalty because minority is a privileged mitigating circumstances under the Revised Penal Code, which entitles children to a penalty one degree lower for children between 15 years and below 18 years or two degrees for children over nine years and below 15 years, than that prescribed by law. Although Philippine law does not categorically prohibit the imposition of life sentences to minors without the possibility of release, minor oenders may be sentenced to life imprisonment where death penalty is imposed by law. This is due to the privilege mitigating circumstance of age, which they may avail of under the law. PD 603, as amended by the Family Courts Act, provides for the automatic suspension of the child found guilty of the oence.84 However, the right to a suspension of sentence does not apply to a child who has once enjoyed the benets of a suspended sentence, or who has been convicted of an oence punishable by death or life imprisonment.85

Procedure Related to Childrens Justice


INTERNATIONAL LAWS International instruments adopt approaches for international legal regulation of deprivation of liberty. These include the International Convention on Civil and Political Rights and the UN CRC, which is the rst international instrument that adopted a comprehensive specic child rights approach. Although there is an international regulation on the deprivation of a childs liberty, the specic legal regulation was left to the implementing States. The international instruments instead focus on the setting of minimum standards to guide the implementing States. Even so, the UN, on the basis of the UN CRC, established a set of three rules concerning childrens justice--the UN Guidelines for the Administration of Juvenile Delinquency (the Riyadh Guidelines), the UN Standard Minimum Rules for the Protection of Juvenile Justice (the Beijing

Chapter 4 International and National Laws Related to Childrens Justice

29

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Rules), and the UN Rules for the Protection of Juveniles Deprived of their Liberty (JDL Rules). PHILIPPINE LEGISLATION Philippine legislation, on the other hand, has provided for a specic set of rules on dealing with CICL from the time the child enters the formal criminal justice system, such as from arrest up to the termination of the case and aftercare services. The recently enacted Rule on Juveniles in Conict with the Law (New Rule) is the main instrument governing criminal procedure on CICL. The Rule on JICL is further supplemented by the following rules of procedure: the Rules and Regulations on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Oenders (Rules enacted pursuant to PD 603. or the Child and Youth Welfare Code); the Rule on Examination of a Child Witness; the Revised Rules on Criminal Procedure and Revised Rules on Summary Procedure.

Philippine legislation

Arrest. A child accused of an oence encounters the Philippine Criminal Justice System upon arrest. Arrest may be made by an actual restraint of the child to be arrested, or by his or her submission to the custody of the person making the arrest.86 As a rule, an arrest cannot be eected unless there is a valid warrant of arrest, unless the arrest falls under the exception provided by law as will be discussed in the subsection on warrantless arrest. The police ocer, by virtue of his or her power and authority to arrest persons and any private person by virtue of citizens arrest,87 are authorized to eect the arrest of a person. The ocer or any person who made the arrest shall thereafter deliver the child to the nearest police station or jail without unnecessary delay.88 Warrantless arrest. A child shall be arrested only by virtue of a warrant of arrest except for allowable warrantless arrests as provided by the law.89 The following are exclusive grounds for a lawful warrantless arrest: A peace ocer or private person may lawfully arrest without warrant a person, (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an oence; (b) When an oence has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving nal judgment or is temporarily conned while his case is pending, or has escaped while being transferred from one connement to another.90 Delivery to proper authorities and period. The child arrested without a warrant shall be delivered without delay to the nearest police station for investigation.91

The Child Enters the Law Enforcement Pillar


APPREHENSION
International laws

Art. 37 (b) of the UN CRC further states that No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period. Under the JDL Rules, law enforcement ocers are required to respect the legal status of juveniles, promote their well-being and avoid harming juveniles. The Beijing Rules also require that parents of guardians be notied of the arrest within the shortest possible time.
30

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

The law,92 nonetheless, provides safeguards for the rights of any person in such arrest. Thus, having arrested the child for legal grounds but without warrant of arrest, the person making the arrest must deliver the child to the proper judicial authorities within a specic period based on the type of oence, as shown in Table 4.3.
Table 4.3. Period of time a child must be delivered to proper judicial authorities by type of offence Start End
Counting starts from the time of arrest up to the time the case is led by the prosecutor in court. Within this period, the child must be delivered to judicial authorities.

Timeframe (no. of hours)


12 18

Offence
Punishable by light penalties, or their equivalent* Punishable by correctional penalties, or their equivalent Punishable by afictive or capital penalties, or their equivalent

36

*See the penalties for theft by value of property stolen in Table 4.4. on page 47.

Unjustied failure to deliver within the prescribed period will make the person making the arrest and detaining the child criminally liable. On the one hand, a public ocer who fails to deliver the child within the prescribed period will be liable for Delay in the delivery of detained persons to the proper judicial authority. A private person, on the other hand, will be liable for Kidnapping and Serious Illegal Detention or Slight Illegal Detention, as the case may be. A person may be charged by either of these crimes only in cases of warrantless arrest. The period provided by law is counted from the time the child is arrested. It includes the time he or she undergoes custodial investigation at the police precinct, the inquest proceedings at the prosecution level and ends at the time the complaint against the child is dismissed by the prosecutor or when a case is led by the prosecutor in court.

Procedure in taking a child in custody. While making the arrest, it is the duty of the person eecting the arrest to identify himself or herself and present proper identication to the child. He or she must inform the child of the reason for such custody and advise the child of his or her constitutional rights (Miranda Rights) in a language or dialect the child understands. The person making the arrest must refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child. He or she should also avoid displaying or using any rearm, weapon, handcus or other instruments of force or restrain, unless absolutely necessary and only after all other methods of control have been exhausted and have failed. The person should also refrain from subjecting the juvenile to greater restraint than is necessary for his or her apprehension and avoid violence or unnecessary force. 93 A female child shall only be searched by a female police ocer.94 Thereafter, the arrested child shall be brought immediately to the nearest police station where the apprehension took place and the name of the police ocer and the place of apprehension shall be recorded in the police blotter.95 Post-arrest; duty to notify parents, relatives, guardians and local social workers. The person taking the child into custody is required by the new Rule on Juveniles in Conict with the Law to notify the parents of the child or his or her nearest relative or guardian, if any, and the local social welfare as soon as the apprehension is made.96 In the Rules and Regulation on Apprehension, Investigation, Prosecution and Rehabilitation of Youth Oenders, enacted prior to the new Rule on Juvenile in Conict with the Law, notication to the parents and the Department of Social Welfare must be made within eight hours from the time the arrest is made.97

Chapter 4 International and National Laws Related to Childrens Justice

31

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Physical and mental examination. After having recorded the arrest in the police blotter, it is the duty of the law enforcement agency concerned to immediately take the child to any available government medical or health ocer in the area for a physical and mental examination. A medical certicate shall be issued after said physical and mental examination. Whenever treatment for any physical or mental defect is indicated, the government medical or health ocer shall undertake steps to provide the child with necessary and proper treatment. The results of the examination and/or treatment of the child shall form part of the records of his or her case,98 but such results shall be kept condential unless otherwise ordered by the Family Court. While the child is detained for purposes of police investigation, the child shall be held in secure quarters separate from that of the opposite sex and adult oenders.99 Social Services and Counselling Division. Upon entry of the child into the law enforcement level, it is incumbent upon the person taking the child in custody to contact a social worker to carry out services needed in connection with the child. As soon as the child enters the justice system, a social worker is contacted who shall immediately take an intake report of the child. Intake reports shall be further discussed under the section on police investigation. The Social Services and Counselling Division was established under the law with the guidance of the DSWD. It is composed of qualied social workers and other personnel with academic preparation in behavioural sciences to conduct intake assessments, social case studies, casework, counselling and other social services that may be needed in connection with the case led with the Family Court. The Division also recommends to the Court the consultative services of psychiatrists, psychologists and other qualied specialists employed in other government departments in connection with the case.100
32
Save the Children UK

CUSTODIAL INVESTIGATION
International laws

Article 40 of the UN CRC and Rules 7-8 of the Beijing Rules enumerate the basic rights of the child that must be respected while the child is under investigation, such as the right to be treated in a manner consistent with the promotion of the childs sense of dignity and worth; the right to remain silent; the right to be presumed innocent until proven guilty; the right to be notied of the charges against him or her; the right to counsel; the right to presence of parent or guardian; the right to confront and cross-examine witnesses; and the right to privacy of the child.
Philippine legislation

Conduct of initial investigation by the police. The rights stated in the Convention and the Beijing Rules are guaranteed rights under the Philippine Constitution. The Rules101 likewise provide the same rights. The police ocer conducting the initial investigation of the child shall do so in the presence of either parents of the child. In the absence of both parents, the investigation must be conducted in the presence of the guardian or the nearest relative, or a social welfare ocer, and the counsel of his or her own choice. In their presence the child shall be informed of his or her constitutional rights during custodial investigation. The child and the parents have the right to be informed of the nature of the oence charged against the child. The accused child shall have the right to remain silent and to be informed of the same. He or she shall have the right to a competent legal counsel preferably of his or her own choice, and to be informed of the same.102 In case of warrantless arrests, referral of the childs case to the prosecutor or judge must be done within the allowable detention period.103

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Right to privacy is protected. The interview of the child shall be held privately. His or her rights shall be protected at all times and all measures necessary to promote this right shall be taken, including the exclusion of the media.104 This right to privacy extends even during the ngerprinting and photographing of the child. Thus, while under investigation, the child shall not be ngerprinted or photographed in a humiliating and degrading manner. His or her ngerprint and photograph les shall be kept separate from those of adults and shall be kept condential. They may be inspected by law enforcement ocers only when necessary for the discharge of their duties and upon prior authority of the Family Court. The ngerprints and photographs shall be removed from the les and destroyed if the case against the child is not led, or is dismissed or when the child reaches 21 years of age and there is no record that he or she committed an oence after reaching 18 years of age.105 Referral of the case to social worker. After consultations with the Department and if the interest of the child shall be served thereby, the arresting ocer shall release the child to the custody of a social worker or a responsible person in the community for supervision, counselling or provision or other intervention measures or services. Intake report by the social worker. Upon the taking the child into custody, the social welfare ocer assigned to him or her by the DSWD shall immediately undertake a preliminary background investigation of the child and submit, prior to arraignment, a report on his or her ndings to the Family Court in which the case may be led.106 The intake report is a preliminary written report containing the personal and other circumstances of the CICL and prepared by the social worker assigned by the DSWD or the local government unit (LGU) to

assist the child as soon as he or she enters the justice system.107 The intake report contains, among others, the bio data of the child, his or her address, date of birth, family composition and the identity of the parents. This is necessary for the social worker/ocer to conduct home visits and validate the information given during the interview of the child. The date of detention and the version of the incident as related by the minor must also be included in the intake report to determine whether there had been violations of the childs rights during arrest and custodial investigation.108

The Child Enters the Prosecution Pillar


INQUEST/PRELIMINARY INVESTIGATION Referral of the case to the prosecutor. If ndings warrant, the arresting ocer shall forward the records of the case of the youth under custody to the prosecutor or judge concerned for the conduct of an inquest and/or preliminary investigation to determine whether the youth should remain under custody and correspondingly charged in court. The document transmitting said records shall display the word, YOUTH, in bold letters. The arresting ocer shall bring the youth to the proper authorities within the periods prescribed in Art. 125 of the Revised Penal Code, as amended by Executive Order (EO) No. 272. 109 Upon endorsement of records by the arresting ocer, the investigating ocers authorised to conduct an inquest or preliminary investigation shall now begin the investigation of the case. The child now enters the prosecution level. Inquest investigation. An inquest proceeding is an informal and summary investigation conducted by

Chapter 4 International and National Laws Related to Childrens Justice

33

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

a public prosecutor in a criminal case involving a person arrested and detained without the benet of a warrant of arrest issued by the court for the purpose of determining whether or not that person should remain under custody and correspondingly charged in court.110 Such proceedings are provided in order to prevent the person from being detained longer than necessary and within the prescribed period provided by law. Thus, teams of prosecutors are assigned for each day and have a duty to conduct inquest proceedings in cases where the accused are arrested during and even after oce hours and during weekends to conduct inquest investigation. Preliminary investigation. The purpose of the proceedings is to determine whether there is sucient ground to create a well-founded belief that a crime has been committed and the child being investigated is probably guilty thereof.111 This inquiry or proceeding pre-supposes that a complaint has already been led against the child with the oce of those authorised to conduct preliminary investigation.112 Inquest investigation, on the other hand, pre-supposes no complaint had been led against the child as in a situation where the child was caught in the act of committing a crime. The manner of conducting the preliminary investigation shall be done according to the Revised Rules on Criminal Procedure as far as they are consistent with the Rule on Juvenile in Conict with the Law.113 Filing of case in ourt. If the evidence submitted in the inquest/preliminary investigation engenders a well-founded belief that a crime has been committed and that the child is probably guilty thereof, the corresponding criminal complaint/information shall be led against the child with the Family Court. This initiates the childs entrance to the court pillar.

DETENTION / RELEASE
International laws

Under the Beijing Rules, the judge or ocial body (eg, police ocer) must consider the issue of release immediately. Rule 113 of the Beijing Rules further states that detention shall be used as a measure of last resort and at the shortest time possible. Alternative to detention shall be close supervision or placement with the family. Detained minors must be separated from adult detainees and their rights respected. Care, protection and all necessary individual aid on account of their age, sex and personality shall be provided. Article III.17 of the UN Rules for the Protection of Juveniles Deprived of their Liberty states that detention or imprisonment shall be a last resort and only for minimum necessary period and limited to exceptional cases. Detention shall be for the shortest possible time.114 Detained juveniles shall be separated from convicted juveniles.115 Accused juvenile persons shall be separated from adults and brought for adjudication as quickly as possible.116 Article 5, Sec. 46 of the Riyadh Guidelines further provides that the criteria authorising formal intervention such as institutionalisation should be strictly dened and limited to the situations enumerated by the Riyadh Guidelines. Institutionalisation of young persons should be a measure of last resort for a minimum necessary period, taking into account the best interests of young persons.117 It also species detailed requirements in the management of juvenile facilities, personnel, physical environment and accommodation, education, vocational training and work, religion, medical care, contacts with the wider community, limitations of physical restraint and use of force, disciplinary procedures and return to community.

34

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Philippine legislation

A child held for investigation, trial or pending appeal may invoke his or her right to be released on bail or recognisance. Recognisance. A child may invoke his or her right to be released on recognisance if charged only with offences falling under the Revised Rules on Summary Procedure.118 He or she shall be released to the custody of his or her parents or other suitable persons who shall be responsible for the childs appearance in court wherever required.119 However, even if the oence charged against the child is not one of those falling under the Revised Rules on Summary Procedure, if the child is qualied to post bail but is unable to post one for lack of nancial resources, he or she may still be released on recognisance. Thus, if he or she does not pose a threat to public safety, the Family Court may, motu propio (on its own accord), or upon the motion and recommendation of the DSWD, release the child on recognisance.120 Bail. Bail is a matter of right unless the crime is punishable by death, reclusion perpetua or life imprisonment.123 In the event that the child cannot avail of recognisance or bail, he or she shall from the time of his or her arrest be committed to the care of DSWD, a youth detention centre, or a local rehabilitation centre for children, which shall be responsible for the childs appearance in court. In the absence of any such centre or agency within a reasonable distance from the venue of the trial, the child shall be detained in the provincial, city or municipal jail, which shall provide adequate quarters for the juvenile separate from adult detainees and detainees of the opposite sex.124 The DSWD is mandated to establish regional rehabilitation centres for CICL. The local government and
121 122

other non-government entities shall collaborate and contribute their support for the establishment and maintenance of these facilities.125 The Department of Interior and Local Government (DILG) is also mandated to establish detention homes separate from jails pending the disposition of cases of CICL.126 The Family Court judge has direct control and supervision of the youth detention home.127 The child, if institutionalised, must be given separate detention quarters from adults in jails in the absence of any such home within a reasonable distance from the venue of trial.128 Alternatives to detention and institutional care shall be made available to the accused child including counselling, recognisance, bail, community continuum or diversion from the justice system.129

The Child Enters Court Level


International Law

Under Rules 14-16 of the Beijing Rules, if the child is not diverted, he or she must be dealt with by a competent court, board or council according to the principles of a fair and just trial. Social inquiry reports regarding the background and circumstances of the child must be resorted to. Proceedings must be done in an atmosphere of understanding where the juvenile has the opportunity to freely express himself or herself. Parents have the right to participate in the trial if benecial to the juvenile. The child shall have the right to a counsel of his or her own choice and to free legal service if he or she cannot aord to pay. The court is given the power to discontinue proceedings at any time.130 Article 14.1 of the International Covenant on Civil and Political Rights also provides for the right of an accused to a fair and public hearing by a competent, independent and impartial tribunal. In the case of juveniles, criminal procedure should take into account their age and the desirability of promoting their rehabilitation.131
Chapter 4 International and National Laws Related to Childrens Justice

35

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

PHILIPPINE LEGISLATION PROSECUTION OF THE CASE Court where case is tried. The child accused of the crime has the right to be tried by the duly designated Family Court.132 Through ling of information by the prosecutor or ling of complaint directly with the Family Court133 as the case may be, the institution of the case initiates the proceeding against the child in court. The Family Court then determines, according to the oence charged against the child, whether to apply the Diversion Proceedings, or the Rules on Summary Procedure or whether the child should undergo a fullblown trial. A separate section shall discuss Diversion and Summary Proceedings. During trial, a guardian ad litem shall be appointed if the parent or guardian is absent or has adverse interests. 134 Rights of the child. The general rights of the accused under the Constitution135 in connection with the prosecution of the case are likewise applicable to the child. These rights are: (1) Right to due process of law; (2) Right to be presumed innocent until proven guilty; (3) Right to be heard by him/herself and counsel; (4) Right to a speedy, impartial and public trial; (5) Right to confrontation of witnesses against him or her; (6) Right against self-incrimination; and (7) Right to be protected from public identication. Moreover, his or her privacy must be fully respected in all stages of the proceedings.136 The childs name, biographical information or his or her image by means of still or moving pictures shall not be made public in connection with the criminal proceedings against him or her. 137 Arraignment and plea. The arraignment of the child signies his or her formal entry into the court pillar. It is at this time that the court will gain jurisdiction over his or her person. Arraignment shall be held in the chambers and conducted by the judge. After ex36
Save the Children UK

plaining the nature and consequences, the judge will ask the child whether to plea guilty or not guilty to the oence charged against him or her.138 Pre-trial139 and trial. During the pre-trial conference, whenever possible and practicable, the Family Court shall explore all possibilities of settlement of the case except its criminal aspect. Plea-bargaining shall be resorted to only as a last measure when it will serve the best interest of the child and the demands of restorative justice.140 Hearings shall be conducted in a manner conducive to the best interests of the child and in an environment that will allow him or her to freely and fully participate.141 Specic days for the trial of cases. Trial judges designated in the Family Courts shall endeavour to assign specic days for the trial of cases involving minor offenders to the exclusion of criminal cases against adult oenders. DECISION OF THE CASE INTERNATIONAL LAWS Rule 17 of Beijing Rules provides that the restriction on freedom of the juvenile shall be limited to the possible minimum. There is deprivation of liberty of the child only if convicted of: (1) Serious act involving violence against another person or (2) Persistence in committing other serious oences and there is no other appropriate response. The well-being of the juvenile shall always be paramount consideration. Rule 17 of Beijing Rules placed importance on the theory of proportionality. The reaction on the oending child shall be in proportion to the circumstances and gravity of oences, and to circumstances and needs of oender and society.

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Article 6(5) of the International Convention on Civil and Political Rights prohibits the imposition of the sentence of death for crimes committed by persons below 18 years of age. Under Art. 37 of the UN CRC, there is prohibition on the imposition of capital punishment and life imprisonment without possibility of release for oences committed before the age of 18 years. Torture and other cruel, inhuman or degrading treatment or punishment are likewise prohibited. Rule 17 of Beijing Rules provides for the prohibition on capital and corporal punishment. PHILIPPINE LEGISLATION Guiding principles in the decision of CICL cases. The Rule on JICL142 enumerates principles to guide the judge in deciding the case against the child, as follows: 1. It shall be in proportion to the gravity of the offence, and shall consider the circumstances and the best interests of the child, the rights of the victim and the needs of society in line with the demands of restorative justice. 2. Restrictions on the personal liberty of the child shall be limited to the minimum. Where discretion is given by law to the judge to determine whether the penalty to be imposed is ne or imprisonment, the imposition of the former should be preferred as the more appropriate penalty. 3. No corporal punishment shall be imposed. Right to dismissal. Art. 189 of PD 603 provides the right to dismissal and commitment to parents or guardian if the child is below nine years old. The right to dismissal of the case against him or her and commitment to parents/guardians may also be invoked by the child between nine years old and below 15 years unless the child acted with discernment.

Promulgation of sentence. If after trial the Family Court should nd the child guilty, it shall promulgate the sentence, impose the proper penalty and ascertain any civil liability that the child may have incurred.143 Automatic suspension of sentence. Instead of serving his or her sentence, the child found to have committed the act constituting the oence is generally entitled to automatic suspension of sentence,144 except if the oence is punishable by death or life imprisonment, or if the child has previously availed of suspension of sentence 145 or when at the time of promulgation of judgment the child is already 18 years of age or over.146 Imposable penalty is lowered. The law provides for the lowering of the penalty in considering the age of the child. If the convicted youth is over nine but under 15 years of age, the penalty imposed is two degrees lower than that prescribed by law. If the child is over 15 years of age but below 18 years, the penalty imposed shall be one degree lower than that prescribed by law.147 Prohibition on death penalty. Philippine law prohibits death penalty on persons below 18 years of age at the time of the commission of the crime.148
DISPOSITION MEASURES
International Laws

In relation to Art. 37 (b) of the UN CRC, Rules 1820 of the Beijing Rules states that placement in an institution shall be a disposition of last resort and for minimum necessary period. Alternatives to detention shall be imposed in proper cases such as probation, community service order, nancial penalties, treatment orders and supervision order. No juvenile shall be removed from parental supervision unless circumstances
Chapter 4 International and National Laws Related to Childrens Justice

37

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

make it necessary. Art. 37 of the UN CRC also provides that the child deprived of liberty shall be separated from adults and have the right to maintain contact with his or her family.
Philippine Legislation

Disposition measures if sentence suspended. The court shall set the case for a disposition conference within 15 days from the promulgation of sentence, which shall be attended by the social worker of the Family Court, the juvenile and his/her parents or guardian ad litem. It shall proceed to issue any or a combination of the following disposition measures best suited to the rehabilitation and welfare of the juvenile: 1. Care, guidance and supervision orders; 2. Community service orders; 3. Drug and alcohol treatment; 4. Participation in group counselling and similar activities and 5. Commitment to the Youth Rehabilitation Center of the DSWD or other centres for juveniles in conict with the law authorised by the Secretary of the DSWD. The Social Services and Counselling Division (SSCD) of the DSWD shall monitor the compliance by the juvenile in conict with the law with the disposition measure and shall submit regularly to the Family Court a status and progress report on the matter. The Family Court may set a conference for the evaluation of such report in the presence, if practicable, of the juvenile, his/her parents or guardian, and other persons whose presence may be deemed necessary.

dited child-caring agency that has custody over the child, the Family Court shall, after due notice to all parties and hearing, dismiss the case against the child who has been issued disposition measures, even before he or she has reached 18 years of age, and order a nal discharge if it nds that the child has behaved properly and has shown the capability to be a useful member of the community. 149 Non-discharge of the child. If the Family Court, however, nds that the child has not behaved properly, has been incorrigible, has not shown the capability of becoming a useful member of society, has willfully failed to comply with the conditions of his disposition or rehabilitation programme, or should his or her continued stay in the training institution where the child has been assigned be not in his or her best interests, the child shall be brought before the court for execution of his or her judgment. 150 The child reaches 18 years of age while in commitment. If the child reaches the age of 18 years while in commitment, the Family Court shall determine whether to dismiss the case or to execute the judgment of conviction. In the latter case, unless the child has already availed of probation under PD 603 or other similar laws, he or she may apply for probation if qualied under the provisions of the Probation Law. 151 Probation as an alternative to imprisonment.152 After promulgation of sentence and upon application at any time by the child, the Family Court may place the child on probation if he or she is qualied under the Probation Law.153 Probation suspends the execution of the sentence of the convicted child, who shall be released under the supervision of a probation ocer and subject to conditions imposed by the Family Court.154

Discharge of child subject of disposition measure. Upon the recommendation of the SSCD and a duly authorised ocer of the DSWD, the head of an appropriate centre or the duly accre38
Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Disqualied oenders. Probation cannot be extended to those: (a) Sentenced to serve a maximum term of imprisonment of more than six years; (b) Convicted of any oence against the security of the State; (c) Who have previously been convicted by nal judgment of an oence punished by imprisonment of not less than one month and one day and/or a ne of not less than Php200; and (d) Who have been once on probation under the provisions of this Decree. 155 Termination of probation. After the period of probation and upon consideration of the report and recommendation of the probation ocer, the court may order the nal discharge of the probationer upon nding that he has fullled the terms and conditions of his probation and thereupon the case is deemed terminated. 156 Eect of nal discharge of probationer. The nal discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result of his conviction and to fully discharge his liability for any ne imposed as to the oence for which probation was granted. 157 Confidentiality of records of probationer. The investigation report and the supervision history of a probationer obtained under this Decree shall be privileged and shall not be disclosed directly or indirectly to anyone other than the Probation Administration or the court concerned, except that the court, in its discretion, may permit the probationer or his/her attorney to inspect the aforementioned documents or parts thereof whenever the best interest of the probationer makes such disclosure desirable or helpful; provided further that any government oce or agency engaged in the correction or rehabilitation of oenders may, if necessary, obtain copies of said documents for its ocial use from the proper court or the Administration. 158

Upon suspension of sentence, he or she shall be committed to either the DSWD, a government training institution or a responsible person until he or she reaches 21 years old or for lesser period if he or she exhibits good behaviour. If the youth behaved properly and displayed capability to be a useful member of the community, the court shall dismiss the case. If the youth remains incorrigible, a sentence of conviction shall be pronounced but the youth is entitled to apply for probation.

The Child Enters the Correction Pillar


INTERNATIONAL LAW The aim of treatment of prisoners under Art. 10(3) of the International Convention on Civil and Political Rights shall be reformation and social rehabilitation. Juvenile oenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status. Rules 24-26 of the Beijing Rules state that at all stages of proceedings, the State has the obligation to provide the child lodging, education, vocational training, employment and other assistance to facilitate the rehabilitation process. In case of institutional treatment, the objective of the training and treatment is to provide care, protection, education and vocational skills. The goal is to help them assume socially constructive and productive roles in society. To hasten the reformative process, the juvenile should be separated from adult oenders and special attention must be given to young female oenders owing to their special needs and problems.

Chapter 4 International and National Laws Related to Childrens Justice

39

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

PHILIPPINE LEGISLATION

CONFIDENTIALITY OF RECORDS
International Laws

The convicted child shall be committed to proper penal institution to serve his or her sentence. Whenever practicable, the child shall be completely segregated from adult oenders and grouped according to age levels, pathological or behavioural tendencies or other suitable criteria to ensure his or her speedy rehabilitation. The child may serve his or her sentence in agricultural and forestry prison camps that may be established by the Bureau of Correction in lieu of connement in a regular penal institution.159
ANALYSIS AND RECOMMENDATION

Rule 21 of the Beijing Rules provides that records shall be kept highly condential. Records cannot be used in future adult proceedings involving the same oender.
Philippine Legislation

Benets are not provided for those less than 21 years of age including separate detention cells from adults if committed to a penal institution (see Sec. 30 of Rules and Regulations). There are also no agricultural and forestry prison camps for the Metro Manila area.

All records of cases are considered privileged and shall not be disclosed by anyone to any person except: (1) To answer inquiry from another court, the DSWD or any government agency to determine if the youth is entitled to suspension of sentence or probation; (2) To answer inquiry from the victim or the victims heirs relating to civil liability or; (3) If the child may be granted probation under the Probation Law.160 Other measures to protect confidentiality. The Family Court shall take other measures to protect this condentiality of proceedings including non-disclosure of records to the media, the maintenance of a separate police blotter for cases involving juveniles in conict with the law and the adoption of a system of coding to conceal material information, which will lead to the juveniles identity. Records of juveniles in conict with the law shall not be used in subsequent proceedings or cases involving the same oender as an adult. 161 Non-liability for perjury, concealment or misrepresentation. The child shall have the right not to disclose or acknowledge a previous criminal charge against him or her and cannot be held guilty of perjury, concealment or misrepresentation by reason of his or her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made to him or her for any purpose. 162 This right is applicable only in cases where the

The Child Enters the Community


The following are some ways by which a CICL can be reverted to and his/her oence settled in the community. 1. Amicable settlement or conciliation under the Katarungang Pambarangay Law (the Barangay Justice Law) 2. Diversion proceedings under JICL 3. Suspension of sentence and discharge of the CICL 4. Termination of probation 5. After service of sentence

40

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

child has been acquitted, if the case against him or her has been dismissed or the child has been committed to an institution and subsequently discharged by the Family Court because of good behaviour.163

Discussion of Some Relevant Laws Affecting CICL


RULE ON JUVENILES IN CONFLICT WITH THE LAW The New Rule is a recent response to the clamour for the improvement of the juvenile justice system in the Philippines. Despite several child-oriented laws and regulations governing childrens justice particularly in dealing with CICL, there are still major concerns left unaddressed. Thus, the Philippine Supreme Court enacted the New Rule that recently took eect on 15 April 2002. An important novelty in the New Rule is the institutionalisation of the Diversion Proceedings within the formal court proceedings before the child is held for trial. Prior to this rule, a child may avail of suspension of sentence or probation, which are forms of diversion from service of sentence. Diversion Proceedings, on the other hand, can be availed of before the child is held for trial. This is in consonance with the goal of the New Rule, which is to divert from the justice system children who can be cared for or placed under community-based alternative programmes of treatment, training and rehabilitation in conformity with the principle of restorative justice. The New Rule also denes the concept of restorative justice. With this denition the restorative justice, philosophy was expressly recognised for the rst time in the Philippine legal system.

The New Rule seeks to formulate a more rehabilitative approach on the juvenile justice system, as exemplied by the institutionalisation of Diversion Proceedings. It also endeavours to apply the principles of restorative justice in its procedures. Some of the changes introduced should be re-examined to ascertain if the provisions indeed promote the various international instruments concerned with childrens rights and whether they are still faithful to Philippine laws enacted in accordance with international instruments on childrens rights. 1. Applicability of the rule

a. Age of the child in conict with the law. The New Rule denes a CICL as someone who is not less than nine years but below 18 years of age at the time of the commission of the crime. On the other hand, those minor who are nine years old or below at the time of the commission of the oence are exempt from criminal liability.164 This phrase, which followed the wording of the Family Courts Act, marked a signicant importance in the delineation of age of criminal responsibility. It seems that the wording of dierent Philippine laws dening who is a CICL varies. Thus, it is not clear whether a nine-year-old child at the time the oence was committed is exempt or liable. A Supreme Court ruling165 has interpreted laws to mean that criminal responsibility excludes children who are nine years of age. Perhaps, this interpretation was hinged on the principle that penal provisions must always be construed in favour of the accused. With the onset of the New Rule including a nine-year-old child as capable of incurring criminal liability, it seems that the New Rule contradicted its own objective of considering the developmental age of the
41

Chapter 4 International and National Laws Related to Childrens Justice

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

child and his or her eventual reintegration in the society in accordance with the principle of restorative justice because, with denite wordings, it has expressly lowered the age of criminal responsibility and has expressly included in the category of children in conict with the law those who are nine years old at the time of the commission of the crime.
b. The initial contact rule. The New Rule requires that in order for it to be applicable, initial contact with the CICL must be at the time that the child is still below 18 years of age.

Initial contact means the apprehension or taking into custody of a juvenile in conict with the law by law enforcement ocers or private citizens. It includes the time when the juvenile receives a subpoena or summons in cases that do not require preliminary investigation or where there is no necessity to place the juvenile under immediate custody. 166
Thus, even if the person commits an oence at the time that he or she is below 18 years of age, if the initial contact happens at the time the person has already reached majority age, through no fault of his or hers, the person shall be tried as an adult for the crime committed as a child. 2. Diversion a. Applicability of diversion proceedings. To qualify for Diversion Proceedings, the maximum penalty imposed by law for the oence committed must be imprisonment of six months regardless of ne, or ne alone regardless of amount. Majority of the oences committed by children do not qualify for diversion. Hence, despite the existence of this proceedings, many CICL cannot avail of diversion and are still exposed to the usual formal court proceedings because of the limited applicability of the New Rule.
42
Save the Children UK

b. Diversion is done within the formal court system. The Diversion Proceedings under the New Rule contemplates a proceeding done within the formal justice system. Before a child is qualied for diversion, it presupposes that an information or complaint is rst led against him or her in the Family Court. In each Family Court, there exists a Diversion Committee, composed of its branch clerk of court as chairperson, the prosecutor, a lawyer of the PAO and social worker assigned by the Family Court--all of whom are court personnel. During the diversion conference, the counsels of the CICL, as well as that of the private complainant, are also present. 3. Bail An examination of law and rules shows that generally an adult accused is entitled to bail as a matter of right unless the penalty imposed is death, reclusion perpetua or life imprisonment if evidence of guilt is strong. Considering that children are entitled to a privilege mitigating circumstance of minority, the issue then is whether they are entitled to bail as a matter of right even if the imposable penalty for the crime committed is aictive in nature (death, reclusion perpetua or life imprisonment).

A Supreme Court167 case has settled this issue in a case where the child charged with murder with an imposable penalty of reclusion perpetua to death applied for bail. Thus, it stated, where it has been established without objection that accused is only 16 years old, it follows that if convicted, he should be given the penalty next lower than that prescribed by law, which eectively rules out the death penalty. The reason for this ruling was, the Constitution withholds the guarantee of bail from one who is accused of a capital oence

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

where the evidence of guilt is strong. The obvious reason is that one faces a probable death sentence has a particularly strong temptation to ee. This reason does not hold where the accused has been established without objection to be a minor who by law cannot be sentenced to death.
The case above was decided before the 1987 Constitution, which eventually abolished death penalty. As a result, the Constitution provided that no bail is allowed for crimes with imposable penalty of reclusion perpetua when evidence of guilt is strong. The Rules of Criminal Procedure, thus followed suit and provides no bail for those crimes punishable by reclusion perpetua when evidence of guilt is strong. However, the Heinous Crime Law later on reinstated the Death Penalty. Thus, amendments were made to the Rules of Criminal Procedure on bail but instead of disallowing bail only on crimes with imposable penalty, the Rules on Criminal Procedure further provide that bail is not allowed for crimes punishable with death penalty, life imprisonment and reclusion perpetua when evidence of guilt is strong. The problem, thus, arises with regard to minors 15 years old and above who committed crimes with imposable penalty of death because when there is the privilege mitigating circumstance of age, which is one degree lower, (eg, reclusion perpetua) they are still within the purview of the rule disallowing bail. This issue was later on resolved by the New Rule and in eect altogether precluded such children to invoke their right to bail when it copied the exact provision of the Rules on Criminal Procedure on bail. Thus, Sec. 17 of the New Rule states that: No juvenile charged with an oence punishable by death, reclusion perpetua or life imprisonment shall be admitted to bail when evidence of guilt is strong.

4. Suspension of sentence The New Rule has provided certain instances where suspension of sentence does not apply to a juvenile oender. Sec. 32 states that the benets of suspended sentence shall not apply to a CICL who (a) has once enjoyed suspension of sentence; (b) is convicted of an oence punishable by death, reclusion perpetua or life imprisonment; or (c) when at the time of promulgation of judgment is already 18 years of age or over. A feature that catches ones attention on this provision is the preclusion of the child from availing the benets of the suspended sentence by reason that he or she has already reached the majority age at the time of the promulgation of sentence even if the crime was committed during minority. This clearly places the child at a great disadvantage because the child is denied the chance to rehabilitate simply because he or she has already reached majority age. Considering that the procedure in the justice system is inherently slow, which causes the prolonged disposition of the case, the child is now treated like an adult under the criminal justice system through no fault of such child. THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 The Comprehensive Dangerous Drugs Act of 2002 (RA 9165) approved on 2 June 2002 was enacted for providing an extensive approach towards the eradication of illegal drugs. Forms of diversion are also available for those who violated the provisions such as the voluntary submission of the person found to be a drug dependent to connement, treatment and rehabilitation and suspension of sentence for CICL.

Chapter 4 International and National Laws Related to Childrens Justice

43

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Voluntary submission

A drug dependent may be placed under the care of a Department of Health (DOH)-accredited physician where there is no centre near or accessible to the residence of the drug dependent or where said drug dependant is below 18 years of age and is a rst-time oender and non-connement in a centre will not pose a serious danger to his or her family or the community. 168 A drug dependent under the voluntary submission programme, who is nally discharged, may also be exempt from criminal liability under conditions provided by law,169 thus if such drug dependent is a child, he or she will be spared undergoing a trial. A drug dependent discharged as rehabilitated by the DOH-accredited centre through the voluntary submission programme but does not qualify for exemption from criminal liability under the law, may be charged but shall be place under service in lieu of imprisonment and/or ne in the discretion of the court, without prejudice to the outcome of the pending case led in court. 170 Such drug dependent shall undergo community service as part of his or her aftercare and follow-up programme, which may be done in co-ordination with non-governmental civil organisations accredited by the DSWD, with the recommendation of the Board.171
Suspension of sentence of a rst-time minor offender

but not more than 18 years of age at the time when the judgment should have been promulgated after having been found guilty of said oence, may be given the benets of a suspended sentence subject to the following conditions: (a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws; (b) He/she has not been previously committed to a centre or to the care of a DOH-accredited physician; and (c) The Board favourably recommends that his/her sentence be suspended. On the otherhand, in case of minors under 15 years of age at the time of the commission of the oence, Art. 192 of PD 603 as amended shall apply.172 ANALYSIS AND RECOMMENDATIONS From the above provisions, one can see that with regard to minors 15 years and over who violate the laws under the Comprehensive Dangerous Drugs Act of 2002, stricter conditions are imposed by law before such children can avail of the benets of suspended sentence. It is therefore recommended that the suspension of sentence under Art. 192 of PD 603 as amended be applied even to minors 15 years or over. Nevertheless, it should also be noted that even if the rst-time minor oender cannot avail of suspension of sentence, he or she might avail of probation or community service in lieu of imprisonment. Thus, upon promulgation of sentence, the court may, in its discretion, place the accused under probation, even if the sentence provided by the law is higher than that provided under the existing law on probation, or impose community service in lieu of imprisonment.173

If the child cannot be qualied to avail of the privilege voluntary submission (for example, she/he is not a drug dependent), the child may still avail of the benet of suspension of sentence. The law provides that an accused who is over 15 years of age at the time of the commission of the oence,

44

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

THE MENDICANCY LAW OF 1978 The Presidential Mendicancy Law of 1978 (PD 1563), which punishes both the beggar and the alms giver, is aimed at controlling and eradicating begging activities. The law denes mendicant as any person, except those enumerated in Sec. 4 of this Decree, who has no visible and legal means of support, or lawful employment and who is physically able to work but neglects to apply himself/herself to some lawful calling and instead uses begging as a means of living.174 Sec. 4 of the law provides the apprehension and services for persons found begging: Any infant or child 8 years old and below who is found begging or is being utilised by a mendicant for purposes of begging shall be apprehended as a neglected child under Article 141 of PD 603 and shall be committed to the custody and care of the Department of Social Services and Development or to any duly licensed child placement agency or individual. Any minor over 9 years of age under 15 found begging or is being utilised for purposes of begging and who acted without discernment shall be apprehended as a neglected child under Article 141 of Presidential Decree No. 603 and shall be committed to the custody and care of the Department of Social Services and Development or to any duly licensed placement agency or individual. Any minor over 9 years of age and under 15 who is found begging or is being utilised for the purpose of begging and who acted with discernment shall be proceeded against in accordance with the provisions of Chapter 3, Title VIII of Presidential Decree No. 603.

Any person not otherwise covered in the preceding paragraph of this Section who is found begging and who is physically or mentally incapable of gainful occupation shall be provided the integrated package of services by the Department of Social Services and Development, the Welfare units of local governments and other cooperating agencies.

Criminal liability, which attached to those violating the mendicancy law are the following:175
A mendicant shall, upon conviction, be punished by a ne not exceeding P500.00 or by imprisonment for a period not exceeding 2 years or both at the discretion of the court. A habitual mendicant shall be punished by a ne not exceeding P1,000.00 or by imprisonment for a period not exceeding 4 years or both at the discretion of the court. Parents of exploited infants or minors under Section 4 of this Decree shall be proceeded against in accordance with Articles 59 and 60 of Presidential Decree No. 603, unless they are themselves mendicants. Any person who abets mendicancy by giving alms directly to mendicants, exploited infants and minors on public roads, sidewalks, parks and bridges shall be punished by a ne not exceeding P20.00. ANALYSIS AND RECOMMENDATIONS Children over nine years of age but below 15 who acted with discernment as well as children over 15 years of age may be penalised as mendicants under the law. Considering that the maximum imposable penalty is more than six months, said child violating the Mendicancy Law cannot even be qualied for diversion under the New Rule.

Chapter 4 International and National Laws Related to Childrens Justice

45

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

It is recommended for the decriminalisation of such status oence particularly when oenders involved are children. Revised Penal Code, Art. 202: Vagrants and Prostitutes The law considers vagrancy and prostitution as criminal oences that are punishable; thus, the Revised Penal Code provides under Art. 202: Vagrants and prostitutes; Penalty. The following are vagrants: 1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling; 2. Any person found loitering about public or semipublic buildings or places or trampling or wandering about the country or the streets without visible means of support; 3. Any idle or dissolute person who ledges in houses of ill fame; ruans or pimps and those who habitually associate with prostitutes; 4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justiable purpose. PROSTITUTES For the purposes of this article, women or men who, for money or prot, habitually indulge in sexual intercourse or lascivious conduct are deemed prostitutes. Any person found guilty of any of the oences covered by this article shall be punished by arresto menor or a ne not exceeding Php200, and in case of recidivism, by arresto mayor in its medium period to prision correccional in its minimum period or a ne ranging from Php200 to Php2,000, or both, in the discretion of the court.
46
Save the Children UK

ANALYSIS AND RECOMMENDATIONS With the passage of RA 7610, or An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, child prostitution and other forms of sexual abuse176 is now considered a criminal oence. Nevertheless, the law has not made any amendment regarding the provision on prostitution in Art. 202 of the Revised Penal Code. As a result, children who came under the purview of Sec. 5 of RA 7610 as victims of child prostitution are also considered as oenders under Art. 202 of the Revised Penal Code. Thus, it is recommended that prostitution be decriminalised. Article 202 of the Revised Penal Code, which talks about vagrants and individuals in prostitution, should be amended. REVISED PENAL CODE,TITLE 10, CRIMES AGAINST PROPERTY,THEFT The imposable penalty for the crime of theft under Art. 309 of the Revised Penal Code depends on the value of the thing stolen (see Table 4.4.).

ANALYSIS AND RECOMMENDATIONS Considering that the Revised Penal Code was enacted in 1932, the value of money has greatly decreased by this time. This provision in terms of using the abovelisted value for determining the penalty is already obsolete and requires amendment of the law to respond to present times. Studies have shown that crimes against property (eg, theft) are the ones mostly committed by CICLs. However, because of such provision, only those CICL who steal an item amounting to merely Php50 or below can avail of diversion proceedings.

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 4.4. Penalty for theft by value of property stolen Value of Property Stolen
More than Php22,000 More than Php12,000 up to Php22,000 More than Php6,000 up to Php12,000 More than Php200 up to Php6,000 More than Php50 up to Php 200 More than Php5 up to Php50 Php5 and below Php5 and below Php5 and below
a

Penalty
Prisin Mayor maximum + 1 year for each additional Php10,000, but total years imposed not to exceed 20 years Prisin Mayor minimum and medium period Prisin Correccional medium and maximum Prisin Correccional minimum and medium Arresto Mayor medium to Prisin Correccional minimum Arresto Mayor full extent Arresto Mayor minimum and medium Arresto Menor or a ne not exceeding Php200 pesosa Arresto Menor minimum or ne not exceeding Php50b

Years
10 yrs & 1 day to 12 yrs + 10 yrs but not exceeding 20 yrs 6 yrs & 1 day to 10 yrs 2 yrs, 4 mos. to 6 yrs. 6 mos. & 1 day to 4 yrs & 2 mos. 2 mos. & 1 day to 2 yrs. & 4 mos. 1 mo. & 1 day to 6 mos. 1 mo. to 4 mos. 1 to 30 days 1 to 10 days

If a person shall enter an enclosed estate or a eld where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or sh upon the same or shall gather fruits, cereals, or other forest or farm products. If the offender shall have acted under the impulse of hunger, poverty, or the difculty of earning a livelihood for the support of his or her family.

Chapter 4 International and National Laws Related to Childrens Justice

47

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

5 City and Barangay Ordinances and Resolutions


The entanglement of children with local laws cannot be ignored. A considerable number of city and barangay ordinances, while intended to govern all citizens, are often violated mostly by minors. There are also resolutions at the local level that apply to children in general or specically with CICL. Among the oences allegedly committed by children in the respondent cities include violations of city and barangay ordinances. Most of the existing literature centre on international and national laws aecting children. This project, however, considers it relevant to collect and present laws implemented at the city or barangay level to illustrate the treatment of CICL by local legislative bodies. This is the rst instance that a discussion will be made on these areas of legislation. After a brief background, this chapter presents a discussion on ordinances, both penal and non-penal, and resolutions that aect minors in respondent cities and barangays and thereafter, an analysis of said laws. or ordinance and to promote the general welfare of the inhabitants therein; xxx (14) Prescribe fines in amounts not exceeding Php1,000.00 for violation of barangay ordinances; (15) Provide for the administrative needs of the Lupong Tagapamayapa and the Pangkat ng Tagapagkasundo; (16) Provide for the organisation of community brigades, barangay tanod, or community service units as may be necessary; (17) Organise regular lectures, programmes, or fora on community problems such as sanitation, nutrition, literacy, and drug abuse, and convene assemblies to encourage citizen participation in government; (18) Adopt measures to prevent and control the proliferation of squatters and mendicants in the barangay; (19) Provide for the proper development and welfare of children in the barangay by promoting and supporting activities for the protection and total development of children, particularly those below seven years of age; (20) Adopt measures towards the prevention and eradication of drug abuse, child abuse, and juvenile delinquency; (21) Initiate the establishment of a barangay high school, whenever feasible, in accordance with law; (22) Provide for the establishment of a non-formal education centre in the barangay whenever feasible, in coordination with the Department of Education,

Background
For national laws of general applicability, legislative power is vested in the Congress of the Philippines, which consists of the Senate and the House of Representatives. 177 At the barangay level, the sangguniang barangay is the legislative body, composed of the barangay chair or Punong Barangay as presiding ocer, the seven regular Sangguniang Barangay members elected at large and Sangguniang Kabataan (SK; youth council) chair, as members.178 In relation to their legislative functions, the Sangguniang Barangay has the following powers:179 (1) Enact ordinances as may be necessary to dis charge the responsibilities conferred upon it by law

48

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Culture and Sports; xxx (24) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. At the city level, legislative power is exercised by the Sangguniang Panglungsod (city council),180 which is composed of the city vice-mayor as presiding ocer, the regular Sanggunian members, the president of the city chapter of the Liga ng mga Barangay (league of barangays), the president of the Panglungsod na Pederasyon ng mga Sangguniang Kabataan (city federation of youth councils), and the sectoral representatives, as members. Also represented are three sectoral representatives from the women, agricultural or industrial workers; and from the other sectors, including the urban poor, indigenous cultural communities or disabled persons.181 As the legislative body of the city, the Sangguniang Panglungsod has the powers to enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants and in the proper exercise of the corporate powers of the city shall: (1) Approve ordinances and pass resolutions necessary for an ecient and eective city government, and in this connection, shall: (i) Review all ordinances approved by the Sangguniang Barangay and executive orders issued by the Punong Barangay to determine whether these are within the scope of the prescribed powers of the Sanggunian and of the Punong Barangay; (ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness,

disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances; (iii) Approve ordinances imposing a ne not exceeding Five thousand pesos (P5, 000.00) or an imprisonment for a period not exceeding one (1) year, or both in the discretion of the Court, for the violation of a city ordinance; xxx (v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the city; xxx (4) Regulate activities relative to the use of land, buildings and structures within the city in order to promote the general welfare and for said purpose shall: (i) Declare, prevent or abate any nuisance; xxx (iv) Regulate the establishment, operation and cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, and other similar establishments, including tourist guides and transports;
49

Chapter 5 City and Barangay Ordinances and Resolutions

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

(v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outlet; xxx (vii) Regulate the establishment, operation, and maintenance of any entertainment or amusement facilities, including theatrical performances, circuses, billiard pools, public dancing schools, public dance halls, sauna baths, massage parlors, and other places for entertainment or amusement; regulate such other events or activities for amusement or entertainment, particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension or suppression of the same; or, prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community; xxx (5) Approve ordinances, which shall ensure the ecient and eective delivery of the basic services and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: xxx (x) Subject to the availability of funds and to existing laws, rules and regulations, establish and provide for the operation of vocational and technical schools and similar post-secondary institutions and, with the approval of the Department of Education, Culture and Sports and subject to existing law on tuition fees, x and collect reasonable tuition fees and other school charges in educational institutions supported by the city government;

(xi) Establish a scholarship fund for the poor but deserving students in schools located within its jurisdiction or for students residing within the city; xxx (xiv) Provide for the care of disabled persons, paupers, the aged, the sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age; and, subject to availability of funds, establish and provide for the operation of centers and facilities for said needy and disadvantaged persons; (xv) Establish and provide for the maintenance and improvement of jails and detention centers, institute a sound jail management, and appropriate funds for the subsistence of detainees and convicted prisoners in the city. Since the project covered both ordinances and resolutions, it is pertinent to present the distinction between the two. The purpose of an ordinance is to permanently direct and control matters applying to persons or things in general while resolutions are merely expressive of opinions of a legislature and which only have a temporary eect.182 A resolution may merely be an expression of intent but in order to become eectual, it must be expressed by legislative enactment, which is through an ordinance.183

50

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Overview of Legislative Measures


For most of the respondent cities, penal legislation outnumbers the non-penal ordinances and resolutions that aect children in their respective territorial jurisdictions. Certain ordinances that are penal in nature are common among most of the respondent cities. These are local legislation on the imposition of curfew, the restrictions on the sale and use of cigarettes, the dispensation of liquor to minors, and the prohibition of vandalism. Other signicant ordinances and resolutions deal with the prevalent problems of drugs and prostitution, while the rest of the ordinances, most of which are non-penal in nature, deal with the appropriation of funds for the supposed promotion of youth-related concerns. PENAL ORDINANCES MANILA Of the select ordinances of the City of Manila aecting minors, 13 are penal ordinances, while 3 are non-penal in nature. The penal ordinances, most of which are often found to be violated by children, govern matters such as vandalism, curfew and prostitution, among others.
Abuse of solvents and volatile substances

or peddling of the following industrial or commercial adhesives, solvents and other related volatile substances used in solvent abuse, to minors: (a) Construction supplies/hardware stores rubber or contact cement, instant glue, industrial solvents used as adhesives and paint or lacquer thinner; (b) Drugstores acetone, instant glue; (c) Chemical blishments industrial solvent used as adhesives; (d) Cosmetic and beauty stores nail polish and acetone; (e) Department stores, especially those with cosmetic and/or hardware sections and drugstores same as in a, b, and d.186 It is likewise unlawful for any minor to buy the above-enumerated volatile substances used in solvent abuse.187 The owners and/or managers of the establishments are further required to post warning signs in every entry point, window and other conspicuous places within their business premises, which read as follows: All minors are prohibited from buying (indicating all items corresponding to the establishment as listed in the Ordinance) in this store as provided for by ordinance no. 7918 of the city of manila.188 Any person who violates this ordinance shall, upon conviction, be punished as follows: (a) If violators are minors they shall be treated as youthful oenders qualied under the Child and Youth Welfare Code;189 (b) If violators are owners or managers of establishments enumerated in the Ordinance they shall

The City Government of Manila prohibits the sale, or causing the sale or peddling of industrial or commercial adhesives, solvents and other volatile substances to minors184 in line with its policy to address the issue of solvent abuse and to contain the same to protect minors against its destructive inuence.185 Within the City of Manila, any person or manager/ owner of business establishments specied in the ordinance is prohibited from selling, or causing the sale

Chapter 5 City and Barangay Ordinances and Resolutions

51

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

be punished by a Fine of Five thousand pesos (P5, 000.00) or imprisonment of one (1) year, or both such ne and imprisonment, at the discretion of the Court.190
Curfew Hours

venile, and admonition to the oenders parent, guardian or person exercising parental authority; (b) If the oender is above 15 years and under 18 years of age (1) First oense Reprimand and Admonition; (2) Second oense Reprimand and Admonition, and a warning about the legal impositions in case of a third and subsequent violation; and (3) Third and subsequent oenses Imprisonment of one (1) day to ten (10) days, or a Fine of Two thousand pesos (P2,000.00), or both at the discretion of the Court.196 A Barangay Curfew Advisory Board (the Board) created under this ordinance assumes the following powers and responsibilities: (a) To impose the sanctions provided under the ordinance, except the penalty of imprisonment and ne for the commission of a third and subsequent oenses; (b) To commit an oender to the custody only of the parent, guardian or person exercising parental authority; (c) To decide on the advisability of immediately referring an oender who is found homeless, abandoned or neglected or has no known parent, relative, or guardian residing in the City, to the custody/care of the Manila Youth Reception Center of the City Department of Social Welfare; or to impose the applicable sanction provided under the Ordinance, if the Board nds that the best interest of the public, as well as that of the oender will be best served by doing so. (d) To furnish the Sangguniang Kabataan Chairpersons a copy of the Apprehension Report for monitoring purposes.197

Most recent of Manilas approved city ordinances are the revival of the curfew system191 and the declaration of Barangay Curfew Hours192 from 10pm to 4am the following day. During these hours, minors are not allowed in public places or any other area outside the immediate vicinity of their residence.193 The following minors are, however, exempted from the curfew: (a) Those accompanied by their parents, family members of legal age, or guardian; (b) Those running lawful errands such as buying of medicines, using of telecommunication facilities for emergency purposes and the like; (c) Students of night schools; (d) Those who, by virtue of their employment, are required to stay in the street or outside their residence after 10pm; and (e) Those working at night.194 Minors falling under the last three categories enumerated above are required to secure a Certication from their Punong Barangay exempting them from the coverage of the ordinance, or present documentation or identication proving their qualication under any such category.195 In the event of a violation of this ordinance, the following sanctions shall be imposed: (a) If the oender is 15 years of age and below the sanction shall consist of a reprimand for the ju-

52

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

The ordinance provides the guidelines that shall be followed after the child is apprehended: (a) The apprehended juvenile found in violation of the Ordinance shall be held for not more than three (3) hours at the Barangay Hall or Holding Center. (b) Without unnecessary delay, the apprehending ocial shall notify the Board that shall, in turn, immediately inform either the parent, or relative, or guardian, of the fact of apprehension. (c) Apprehended violators residing in other barangays shall be referred immediately to the Punong Barangay of the juvenile oenders place of residence, upon whom falls the responsibility for the proper action as if he made the apprehension. (d) An oender who resides in a barangay outside the territorial jurisdiction of the City of Manila shall be held for not more than six (6) hours and, shall be referred immediately to the Board of the barangay where the apprehension was made. (e) An oender who is homeless, abandoned or neglected or has no known parent, relative, or guardian in the City shall be referred, without unnecessary delay, within twelve (12) hours or at the earliest oce hours from the time of apprehension, whichever comes rst, to the custody/care of the Manila Youth Reception Center of the City Department of Social Welfare.198 In 2002, Barangay Zone 74 in Manila also enacted Resolution No. 1 S-2002,199 which provides for the implementation of curfew hours from 10pm to 5am for minors 17 years old and below. It provides the following guidelines for violators: (a) First oence their name will be recorded in the Barangay record or at the police precinct in the vicinity;

(b) Second oence they will be required to render community services in their respective Barangay; (c) Third oence - they will be brought to the Juvenile Court in Arroceros Street, Manila for the nal judgment of the Court. Resolution No. 1 S-2002200 was also issued directing all concerned barangay ocials in Zone 55, District IV, and Manila to take all necessary steps to combat criminality, including the imposition of curfew in their respective areas. Said resolution covers 14 barangays in Manila.
Indecent exposure and disorderly behaviour

Indecent exposure is addressed by Ordinance No. 7732201 as it declares unlawful for any person to: (a) Appear, or cause to appear, outside the immediate vicinity of any night/day entertainment spot in the City of Manila in any indecent or lewd dress; (b) Make any indecent exposure of ones person; or (c) Conduct oneself in disorderly behaviour.202 Indecent exposure is dressing in lewd attire that is not in consonance with the customs and traditions of the people, and which would invite/induce the public to sexual pleasure, or entice them to oensive and scandalous behaviour. It also includes urinating outside or in the immediate vicinity of the establishment.203 Disorderly Behavior, on the other hand, refers to a drunken, boisterous, rude or indecent manner.204 Any person found violating this Ordinance, shall, upon conviction, be punished by a ne not more than Php200 (around US$ 3.60) or by imprisonment of not more than six months, or both such ne and imprisonment at the discretion of the Court.205

Chapter 5 City and Barangay Ordinances and Resolutions

53

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Kite Flying

(c) Tends to corrupt or deprave the human mind, (d) Is calculated to excite impure imagination or arouse prurient interest, (e) Is unt to be seen or hear, or (f ) Violates the proprieties of language or behavior.207 Pornography is understood under this ordinance as objects or subjects of photography, movies, music records, video and VHS (video home system, or video casette) tapes, laser discs, billboards, television, magazines, newspapers, tabloids, comics and live shows calculated to excite or stimulate sexual drive or impure imagination, regardless of motive. This includes, but is not limited to, the following: (a) Performing live sexual acts in whatever form; (b) Those other than live performances showing, depicting or describing sexual cacts; (c) Those showing, depicting or describing children in sex acts; (d) Those showing, depicting or describing completely nude human body, or showing, depicting or describing the human sexual organs or the female breasts.208 Any person violating this ordinance shall be punished as follows: (a) For the printing, publishing, distribution or circulation of obscene or pornographic materials; the production or showing of obscene movies, television shows, stage and other live performances; for producing or renting obscene video and VHS tapes, laser discs, for viewing obscene movies, television shows, video and VHS tapes, and laser discs or stage and other live performances imprisonment of one (1) year or ne of ve thousand pesos (P5,000.00), or both, at the discretion of the Court

Barangay 67 in Manila issued Resolution No. 01810-97 requesting the Commission of City of Manila, through the Metro Manila Barangay Operation Center and the Manila Council, to ban kite ying in the jurisdiction of Barangay 67, Zone 6. The Sangguniang Barangay of Barangay 67 Zone 6 passed a resolution for areas covered by Barangay 67, Zone 6 that prohibits kite-ying. A person who violates this resolution is punished through the following means: (a) First oence oender shall be brought to the Barangay Hall; (b) Second oence parents/guardian of the oender shall be informed; (c) Third offence offender shall pay a fine of Php200.
Pornography

The problems of obscenity and pornography are addressed by the ordinance penalising: (a) The printing, publishing, distribution, circulation, sale and exhibition of obscene and pornographic acts and materials; and (b) The production, public showing and viewing of video and VHS tapes, laser discs, theatrical or stage and other live performances and private showing for public consumption, whether for free or for a fee, of pornographic pictures.206 An act or material is considered obscene, regardless of the motive of the printer, publisher, seller, distributor, performer or author, if it: (a) Is indecent, erotic, lewd or oensive, (b) Is contrary to morals, good customs or religious beliefs, principles or doctrines,

54

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

(b) For selling obscene or pornographic materials imprisonment of not less than six (6) months nor more than one (1) year or a ne of not less than one thousand pesos (P1,000.00), nor more than three thousand pesos (P3,000.00) If the oender is a minor and is unable to pay the ne, the juveniles parents or guardian shall be liable to pay such ne.209
Prostitution

(a) Pay a Fine of not more than Two thousand ve hundred pesos (Php2,500) or; (b) Suer imprisonment not more than six (6) months, or; (c) Both such ne and imprisonment, at the discretion of the Court.215
Tobacco sale and use

The City of Manila, believing prostitution to be a social menace,210 declares the following unlawful under Ordinance No. 7791 for any person: (a) To have sexual relations with a prostitute for some consideration including payment but not limited to sums of money; (b) To solicit, procure, pimp or pander; (c) To act as a middle person or go-between for a third person and a prostitute in any place in the City of Manila for purposes of prostitution.211 Under this ordinance, prostitution refers to the act of habitually engaging in sexual relations with persons for certain considerations including payment not limited to sums of money.212 A prostitute is a person who habitually engages in sexual relations with another person for prot, gain or fee.213 The ne of Php5,000 or imprisonment of one (1) year, or both such fine and imprisonment at the Courts discretion shall be imposed on violators of this ordinance. The violator, if a foreigner shall also be subject to deportation upon the determination of proper authorities.214 However, if the violator is a minor who is between 10 and 17 years old, the juvenile oender shall:

In its eort to promote and protect the physical wellbeing and health, safety and general welfare of its youth residents, the City Government of Manila passed the Smoke Ban to Minors Ordinance.216 Under this ordinance, all minors below 18 years old are prohibited from smoking cigarettes, cigars and other tobacco products, whether or not they are in the company of their parents, guardians, elders or relatives who are not otherwise covered by this prohibition.217 The following sanctions shall be imposed on violators of this Smoke Ban Ordinance: (a) First conviction Four (4) hours of Community Services to the City Government under the supervision of the Youth Development and Welfare Bureau. (b) Second conviction The penalty imposed for rst conviction shall be extended to eight (8) hours of Community Service. (c) Third and subsequent conviction A Fine of not less than Five hundred pesos (Php500.00), or sixteen (16) hours Community Service, or both.218 Two other ordinances, apparently intended to penalise adults instead of juvenile oenders, are also presently enforced to protect the youth from the hazards of smoking.

Chapter 5 City and Barangay Ordinances and Resolutions

55

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

City Ordinance No. 7842219 prohibits the sale, transfer or conveyance of possession or ownership of cigarettes and cigarette paraphernalia to minors. Any violation of this ordinance shall merit the following sanctions: (a) First Offense Fine of Two hundred pesos (P200.00); (b) Second Oense Fine of Five hundred pesos (P500.00); (c) Third Oense One thousand pesos (P1,000.00) or imprisonment for six (6) months, or both ne and imprisonment, at the discretion of the Court.220 Also, Ordinance No. 7952221 declares it unlawful for any person, owner, operator, administrator, manager or person-in-charge of operation of restaurants, eateries and other establishments to allow children below 18 years of age to loiter, stay or be seated at designated smoking areas within subject establishments.222 The same persons are also directed to display, in conspicuous places within the establishments, signboards bearing the above prohibition.223 Violators shall be punished, upon conviction, by a ne of Php5,000 or imprisonment of 60 days and a repeated violation shall constitute sucient ground for the outright cancellation/revocation of business permit.224
Vandalism

Exceptions under this ordinance are the following: (a) When done with the consent and authority of the owner, with respect to privately-owned property, or (b) When duly authorized by the Mayor, with respect to public property.227 A person found violating the Anti-Vandalism Law of Manila shall, upon conviction, be punished by: (a) A fine of not less than One thousand pesos (P1,000.00) but not more than Five thousand pesos (P5, 000.00), or (b) Imprisonment of not less than six (6) months nor more than one (1) year, or (c) Both ne and imprisonment at the discretion of the Court.228
Other penal laws intended to protect the youth

A few other ordinances are apparently intended not to penalise minors but to consider certain acts of persons, particularly adults, to be criminal in order to protect minors. In August 1997, the City of Manila passed a controversial ordinance229 allowing the public identication of known or conrmed drug lords, drug pushers, drug peddlers or brokers and protectors, gambling lords and protectors and other known criminal elements. This ordinance, premised principally on the doctrine of parens patriae (parents of the country) and the local governments power arising from the General Welfare Clause230 of the Local Government Code is intended to penalise not children but criminal elements that are identied to be threats to the health, development and well-being of the youth.231

The Anti-Vandalism Law225 of the City of Manila declares unlawful for any person to deface or cause to deface the walls, sidings, partitions, fences, gates, doors or window panes of buildings, edices, houses or structures, whether public or private, or any other public property (eg. lamp posts, street signs, streets, sidewalks). The act of defacing may be done through painting, writing, scribbling, scrawling, drawing, smearing, colouring, stamping or inscribing.226

56

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

During the same month and year, Ordinance No. 7929232 was passed prohibiting theatre owners or operators in the City of Manila from showing movie trailers of lms with R (Restricted) and PG (Parental Guidance) classications during intermissions/breaks on the duration of playdates of a GP (General Patronage) movie.233 Violators shall be ned Php5,000 or imprisoned for not more than 30 days, or both, at the discretion of the Court. In case of juridical persons, the penalty shall be imposed on the President or General Manager of such establishment.234 QUEZON CITY The Quezon City Child and Youth Welfare Ordinance235 contains several penal provisions that are intended for minors or for persons who commit acts that prejudice or tend to prejudice minors. These provisions address the problems of cigarettes, liquor, video games, begging and drug tracking, among others.
Cigarettes and Liquor

(a) First oence conscation of Pellet Gun/Toy Gun and/or watusi pyrotechnics. (b) Second oence call the attention of the parent/guardian concerned and issue corresponding admonition regarding further commission of the oence. (c) Third oence imposition of whatever legal action, which maybe commensurate to the oence involved particularly when there is an aggrieved party. This will include the person selling the items.
Street children

The Quezon City Child and Youth Welfare Ordinance specically declares penal certain acts and activities for street children. These are: (a) Loitering within the Quezon City streets if the child is below 12 years old; (b) Selling sampaguita leis,241 cigarettes, newspapers, and other products or commercial items in the Quezon City streets; (c) Begging, sning rugby242 and other solvent products, pickpocketing, and doing other illegal activities.243 Street children falling under the last two categories, upon apprehension, shall be brought immediately to the Reception and Action Center of the Social Services and Development Department (SSDD) including mendicants and the socially disadvantaged group pending the establishment of the Quezon City Center for Child and Youth Development.244 The apprehending ocer has the obligation to notify the childs parents or guardian of the childs whereabouts.245 For the commission of the above acts or activities, the following penalties are imposed by the said ordinance:
Chapter 5 City and Barangay Ordinances and Resolutions

Within the Quezon City area, the sale of any brand of cigarettes or of any kind of liquor or intoxicating drinks to minors is strictly prohibited.236 The ordinance does not provide penalties for minors who are found to purchase cigarettes and liquor. Instead, penalties are imposed on the manufacturer, wholesaler or retailer found to be selling cigarettes or liquor to minors.237 The person who is found violating this prohibition shall be penalised with a minimum imprisonment term of 30 days to a maximum term of imprisonment of 60 days, or a ne of Php5,000, or both, at the Courts discretion.238
Guns

Barangay Masambong issued Ordinance No. 6, series of 1999239 banning the use of pellet guns, toy guns and watusi240 pyrotechnics. Specically prohibited are the use and sale of said items. The ordinance provides the following penalties:

57

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

(a) Same penalties provided under the Revised Penal Code and the Dangerous Drugs Act. (b) The penalty of imprisonment is also provided for any person found guilty of coercing, forcing or intimidating a street child or any other child to: (1) Beg or use begging as a means of living; (2) Act as middleman in drug-tracking or drug pushing; or (3) Conduct any illegal activities.246 Parents or guardians who are found to be grossly negligent in the performance of the duty imposed on them by the ordinance shall be punished as follows: (a) First oense Admonition by the SSDD. (b) Second oense Counseling by the SSDD and with a notice of the imposition of criminal liability for subsequent apprehension. (c) Third and nal oense The ling by any responsible person of appropriate criminal charges against the parent or guardian of the minor who shall be punished with a ne of Five hundred pesos (P500.00), or imprisonment of not more than ten (10) days, or both, at the Courts discretion.247 Consistent with national laws, the ordinance explicitly states that a child nine years of age or under at the time of the violation shall be exempt from liability. It adds further that it shall be the parent or guardian concerned who shall be held liable for the oence committed by said child.248
Video Games

(a) Play video machines found in amusement centers, malls and other similar establishments in QC during school hours from 8am to 5pm, Mondays to Fridays.249 (b) Play video game machines and other similar equipment at the above mentioned establishments during weekends if outside the time period of 8am to 8pm, and weekdays if beyond the time period of 5pm to 8pm.250 (c) Play video games that are not rated as non-violent games under the category of sports, adventure, racing, ight simulator and the like during the hours/days allowed in the ordinance, if the minor is below fourteen (14) years old.251 (d) Play violent and ultra-violent video games during the hours/days allowed in the ordinance, if the minor is fteen (15) to eighteen (18) years of age.252 As in the case of the prohibition on the sale of cigarettes and liquor, there are no penalties for minors in the event that they do not abide by the above guidelines. Instead, penalties are imposed on the operator, owners, seller or distributor of the video games: (a) First offense Fine of two thousand pesos (Php2,000) or an imprisonment of not more than four (4) months at the discretion of the Court. (b) Second oense Fine of three thousand pesos (Php3,000) with an imprisonment of not more than six (6) months, at the discretion of the Court. (c) Third offense Fine of five thousand pesos (Php5,000) with an imprisonment of not more than twelve (12) months, at the Courts discretion, including the conscation or destruction of video machines and other related paraphernalia, and the automatic cancellation/ revocation of business permits or licenses.253

Quezon Citys Child and Youth Welfare Ordinance enumerates at length the guidelines governing the prohibition on minors to play video game machines at particular times of the day and the week. Under Article V of the said ordinance, minors are prohibited to:

58

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Curfew

Barangay Pinyahan in Quezon City enacted Ordinance No. 4, S-2002 imposing curfew hours on minors from 10pm until 4am the following day. The ordinance provides the following conditions: Except for adults, it shall be unlawful for any person to make display in public and cause disturbance on the peace of the other person through the following acts: (a) Drinking and dancing in public display without any reason to celebrate such as birthday party, wedding celebration and the like. (b) Prolonged stay outside his or her residential abode. (c) Leisurely walk on the streets of the barangay without valid reason or purpose. Exempted from this curfew hours are students attending night classes with proper ID but not beyond 12mn, minors in the company of parents or guardians and where minors upon verication came from parties, graduation ceremonies, extra curricular activities in school where their attendance is indispensable and minors who cannot go home due to circumstances beyond their control and those working during night time. Ordinance No. 4, S-2002 imposes the following penalties: (a) First oense the apprehending authority shall take custody of the oending minor at the barangay hall, blotter the incident for record purposes by the Barangay Tanod/Barangay Security and Development Oce (BSDO) which shall in turn inform the parents or guardian of the minor, that said minor was apprehended for violation of Barangay Ordinance on curfew, said minor shall be turned over to his/her parents with stern warning not to repeat same violation.

(b) Second oense the minor shall be brought to the barangay hall for questioning and blotter and shall be penalized by rendering one (1) day public service without any compensation by the Barangay. (c) Third oense he/she shall be temporarily detained at the Barangay not more than six (6) hours and the oending minor shall be turned over to the nearest police precinct for proper disciplinary action in accordance with existing laws, rules and regulation or ordinances of the city, like vagrancy, etc. On the other hand, Barangay Masambong issued Resolution No. 07-99 strongly urging parents of minors to control and/or regulate the movements of their children after 12mn and before 4am.254 CALOOCAN CITY Compared to other respondent cities, Caloocan City has principally only two ordinances concerning minors, both of which refer to the Night Time Ban Policy for minors aged 17 years old and below. Under Ordinance No. 0247255 as amended by Ordinance No. 0259256 (Series of 1998), Caloocan youngsters aged 17 and below are banned from the streets during night time, from 10pm to 4am the following day.257 This night time ban, however, has exemptions: (a) Occupational exemptions includes students who are enrolled in night classes and night-shift young workers. (b) Incidental exemptions includes minors: (1) Accompanied by their elders; (2) Procuring medicine; (3) Performing tasks under the direct supervision of their elders, brothers/sisters aged eighteen (18) and above, and persons having parental authority over the minor/s; and
Chapter 5 City and Barangay Ordinances and Resolutions

59

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

(4) Involved in accidents, disasters and the like. (c) Occasional exemptions that is, during Christmas Eve and Christmas Day, New Years Eve and Day, Town Fiesta, All Saints Day, Holy Thursday, Good Friday, Black Saturday, and Easter Sunday.258 In the event a juvenile commits an infraction of these curfew ordinances, the following penalties shall be imposed: (a) First Oense Reprimand and Guardian/ Parental Summon; (b) Second Oense Guardian / Parental Fine of Three hundred pesos (P300.00) for negligence; (c) Third Oense Guardian / Parental Fine of Five hundred pesos (P500.00) for negligence; (d) Fourth and succeeding oenses Conscription of the juvenile oender to Social Welfare entities.259 It is worthy to note that the night-time ban amendatory ordinance species the policy implementing procedures intended to institutionalise and embody the imperative human rights safeguards and legal safety nets260 in the apprehension of children. These so-called safeguard and safety net procedures are the following: (a) Due process of law should always be observed by all policy implementers at all times. (b) Human rights and human dignity of violators and/or oenders shall be safeguarded by policy enforcers...shall safeguard human rights and human dignity of violators and/or oenders. (c) Apprehending ocials must have proper identication when executing an arrest. (d) Arbitrary detention or solitary connements shall never be practiced nor imposed on the violator. (e) Apprehensions can only be conducted in all public places within the City.

(f ) Immediately upon arrest, the oender shall be turned over by the apprehending ocial to the Barangay Chair of the barangay where the violator resides for proper case disposition. (g) No penalties shall be posted or paid to any arresting ocial except to the Barangay Treasurer of the barangay where the violator dwells. (h) In cases where the oender is a non-resident of the City, the violator shall be turned over to the concerned Barangay Captain who exercises political and territorial jurisdiction where the violation and apprehension transpired. (i) Arrests should be done in a cordial, humane and civil manner. (j) Policy implementors are strictly prohibited from inicting physical and psychological harm to the oender, before, during and after the violation or commission of the oense. (k) The doctrine of hot pursuit and the extradition principle also applies in this Ordinance.261 The SK Council of Barangay 46 in Caloocan issued Resolution No. 01 S-1997 providing curfew hours for those who are 18 years and below. This ordinance provides for curfew hours with the following conditions: (a) Minors, 18 years old and below, are strictly prohibited to loiter or wander in streets or outside their residential abode and public places from 11:00 p.m. to 5:00 a.m. the following morning. (b) Exempted from this curfew are students attending night classes, those working nighttime and minors in the company of parents or guardians.262 The said ordinance provides the following penalties: (a) First oense the parent/guardian shall be informed of the violation.

60

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

(b) Second oense the minor shall be brought to the barangay hall together with his/her parent or guardian and shall render one (1) day of community service. (c) Third oense the minor shall be brought to the barangay hall together with their parents/ guardian, will render one (1) day community service and will pay a ne of Two hundred pesos (P200.00). PASAY CITY The past decade is a witness to the passage of various ordinances penalising acts that may be committed by children or those that, if committed by adults, are likely to negatively aect or inuence minors. Issues ranging from gambling to smoking to sexual abuse are addressed by the numerous penal legislative measures enacted by the City Government of Pasay.
Child prostitution and sexual abuse
263

coliseum for purposes of betting or participating in betting as Kristo (bet collector) and entering the ring or rueda before or during the actual cockght.267 Violators shall suer the penalty of a ne of Php 500, or an imprisonment of 30 days, or both at the discretion of the Court.268 It should be noted that the penalty is imposed on operators, managers, or owners who violate this ordinance and not on minors.
Curfew

All minors are mandated under City Ordinance No. 688269 to observe curfew hours that start at 10pm and end at 4am the following day, except during the Christmas season270 or from 16 December to 23 January of the following year.271 The following are, however, exempted from this curfew: (a) Children having legitimate employment at nighttime to be certied by the employer and the barangay captain or at least two (2) barangay council representatives; (b) Students with an ID Card from school where he/she is presently enrolled or a certication from the barangay captain; (c) Children who do not have known parents but have a DSWD certication; (d) Children in transit who are accompanied by parents; and (e) Children who are sent on errands in emergency cases.272 Children who violate the mandated curfew hours shall be given the following sanctions: (a) First oense to be blottered or recorded in the barangay that has territorial jurisdiction;

The Child Welfare Code of Pasay City provides sanctions for establishments or enterprises that promote, facilitate or conduct activities, constituting child prostitution and other sexual abuse, child tracking and other acts of child abuse.264 These establishments shall be immediately closed and be ned an amount of Php5,000 (around US$90) with the permanent cancellation of their authority or license to operate, without prejudice to the persons responsible from being persecuted under RA 7610 or the Special Protection against Child Abuse, Exploitation and Discrimination Act.265
Cockghting

In an eort to discourage minors from engaging in gambling and betting, the entrance of minors in the City Cockpit Coliseum is prohibited under Ordinance No. 290.266 Under this ordinance, operators, managers and owners of the Pasay City Cockpit Coliseum are prohibited from allowing minors to enter the said

Chapter 5 City and Barangay Ordinances and Resolutions

61

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

(b) Second oense Undergo community service totalling at least eight (8) hours; (c) Third oense - Undergo community service totaling at least forty-eight (48) hours; (d) Fourth oense - Undergo or render community service totaling at least one hundred twenty (120) hours and in the event of deliberate refusal, the violator and his/her parents shall jointly suer to pay a ne of ve hundred pesos (Php500.00).273 However, in the case of children below ten years old, parents or guardians shall be made responsible for the acts of their children or wards. On the other hand, minors with no parents or guardians are classied as street children and shall be referred to the DSWD.274 Children caught violating the curfew hours shall immediately be turned over to the custody of the City Social Welfare and Development Oce. They shall be released only after having attended with their respective parents or guardians a one-day seminar on duties and responsibilities of children and parents conducted by the same oce.275
Fraternities

cooperate and form such fraternities and similar organisations.279 Those who are guilty of violating this ordinance shall be punished with an imprisonment of one (1) year.280
Liquor and intoxicating beverages

The City Government prohibits any person from drinking any intoxicating liquor or beverage in any public place, building and cemetery. Under ordinance No. 265,281 Any person who violates any of the provision of this Ordinance shall be punished by imprisonment of six months and one day, or ne of Php 2, 000 (US$36), or both at the Courts discretion. 282 Ordinance No. 1576283 declares it unlawful for any business, amusement, or entertainment establishments, restaurants or carinderias (small eateries and food stalls) to sell, dispense or serve intoxicating liquors and beverages to minors.284 Under this ordinance, there are no penalties for minors. Instead, the person who shall violate this ordinance shall suer 30 days imprisonment or a ne of Php 5,000, or both, at the discretion of the Court. In addition, the Mayors License or Permit of the establishment shall be revoked.285
Obscenity

The increase in the number of fraternities and organisations engaging in violence and rumbles, as well as the increasing reports of ghts and incidents of hazing associated with such organisations, is the premise for Ordinance No. 156.276 The said ordinance principally provides that, no persons shall engage in the recruitment of minors to any fraternity or other similar organisations, in and out of the school premises.277 Fraternities and Other Organisations refer to organisations, gangs, groups, fraternities or sororities inicting physical, mental or psychological pain as part of initiation rites or engaging in violent acts.278 Recruitment under said ordinance refers to any act of inviting, enticing or encouraging a minor to join,

In declaring that obscene or lewd shows are repugnant and oppressive to the moral values of the citizens, the City Government bans the exhibition of obscene or lewd shows in all beer joints, night clubs, bars, singalong bars, theatres, entertainment places and other places of amusement in Pasay City.286 Under this ordinance, the performer, owner or person in case of a single proprietor, business enterprise or the ocers of a corporation or partnership that runs or operates any of the stated establishments who are found to have violated the ordinance shall suer the following penalties:

62

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

(a) First oense - Two thousand ve hundred pesos (P2,500.00) or an imprisonment of two months. (b) Second oense - Three thousand ve hundred pesos (P3,500.00) or an imprisonment of three (3) months. (c) Third oense - Five thousand pesos (P5,000.00) or an imprisonment of six (6) months or both on the discretion of the Court. (d) Succeeding oences - revocation of all necessary licenses and permits issued by the City Government. However, under the more recently enacted Child Welfare Code of Pasay City, establishments or enterprises caught promoting or facilitating obscene publications and indecent shows shall immediately be closed and ned an amount of Php5,000 with their license to operate permanently cancelled. This penalty is without prejudice to the prosecution of the establishments owner, manager and other personnel under RA 7610.287
Roller skates

acquiring such tobacco products from any establishment within the territorial limits of Pasay City.290 A child who violates this ordinance by smoking, buying or acquiring cigarettes or cigars shall be subjected to a ne of Php200.291 Should owners of business establishment violate this ordinance by allowing a minor to buy or acquire cigarettes or cigars, a ne of Php500 shall be imposed.292
Toy guns

The Anti-Toy Gun Ordinance of Pasay City293 prohibits the manufacture, sale or possession of metal or plastic toy guns capable of being red with the use of plastic pellet bullets.294 This prohibition was legislated after acknowledging that children indiscriminately use these toys in shooting each other, which results to physical injuries, and in shooting light bulbs of electric posts. In addition, the ordinance is a result of incidents where unscrupulous teenagers or adults have used such toys, which appear to be real guns, in committing crimes.295 The following penalties shall be imposed on any person who manufactures, sells or possesses said toy guns: (a) Conscation of the toy gun and plastic pellet bullets; and (b) If the violator is eighteen (18) years old or above, he/she shall suer imprisonment of ve (5) days or a ne of One thousand pesos (P1,000.00), or both at the Courts discretion.296 The ordinance directs enforcing authorities to turn over oenders who are children to these minors parents or guardians. The authorities shall also conscate the toy guns and pellet bullets after recording these items in the logbook, which shall be signed by the parents or guardians of the children with a promise not to repeat the same oence.297

Compared to the four other identied cities in this research, only Pasay City has an ordinance prohibiting the use of national and city roads by person on roller skates and skateboards.288 For violations of the said ordinance, the following penalties are proscribed: (a) First offense - A fine of Two hundred pesos (P200.00); (b) Second oense - A ne of Three hundred pesos (P300.00); (c) Third offense - A fine of Five hundred pesos (P500.00).289
Smoking

Recognising that a high percentage of smokers in the country are minors, all children are prohibited from smoking cigarettes or cigars, as well as from buying or

Chapter 5 City and Barangay Ordinances and Resolutions

63

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Vandalism

PARAAQUE CITY There are an equal number of penal and non-penal legislative measures in the City of Paraaque. The penal measures deal mostly with similar issues and concerns addressed by ordinances in other cities, except that Paraaque is the only city among the ve that has a jaywalking ordinance. The non-penal measures, on the other hand, principally relate to appropriation of funds for dierent activities and projects that are supposedly intended to benet the youth.
Alcoholic beverages

In 1999, the Pasay City government enacted the Anti-Vandalism Ordinance of Pasay City298 on the premise that acts of vandalism are signs of disorder in a community and an open and direct challenge to authorities. Vandalism or acts of vandalism, under the ordinance means: (a) Any form of writing, scribbling, scrawling or drawing with the use of paint, pentel, fountain and ball pens and inks or any coloring materials of any word, sign or logo on any private or public wall fence, gate, building or legitimate signs, bill boards and public announcements without the written consent of the owner; (b) Any form of painting, spraying or splashing of paints, inks or coloring materials on any statue, bust, private or public wall, fence, gate, building or legitimate sign or billboards and public announcements, without the written consent of the owner; (c) Any form of scratching or etching with the use of pointed or sharp object on any private or public wall, fence, gate, glass windows or glass show case, legitimate signs, billboards and public announcements without the written consent of the owner; (d) Any form of pasting or posting of any campaign or advertising materials on any private or public wall, fence, gate, building or legitimate signs, billboards or public announcements or removing or defacing any legitimate signs, billboards or public announcements without the written consent of the owner.

The consumption or drinking of beer, wine, liquor or similar intoxicating beverages in public places is prohibited under Ordinance No. 95-27.299 Public places include, but are not limited to roads, pathways, streets, alleys, sidewalks, sports complex or grounds, parks or playground whether public or private, churchyards or school yards.300 The following penal sanctions shall be imposed on any person found violating the above ordinance: (a) First oense Fine of not less than Five hundred pesos (Php500.00) or imprisonment of not less than ve (5) days. (b) Second oense Fine of not less than One thousand pesos (Php1,000.00) or imprisonment of not less than ten (10) days. (c) Third and any succeeding oenses Fine of not less than Two thousand ve hundred pesos (Php2,500.00) and/or imprisonment of thirty (30) days, upon the discretion of the Court.301 Another ordinance302 seeks to penalise those who operate a motor vehicle under the inuence of alcohol within the territorial jurisdiction of the City of Paraaque with a Blood Alcohol Concentration of 0.06% or more by weight of alcohol in the drivers blood.303 Violations shall merit the following penalties:

64

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

(a) First offense Fine of Five thousand pesos (Php5,000.00) or thirty (30) days imprisonment. (b) Second offense Fine of Five thousand pesos (Php5,000.00) and thirty (30) days imprisonment. (c) Third offense Fine of Five thousand pesos (Php5,000.00), thirty (30) days imprisonment, and a recommendation by the city to the Land Transportation Oce for revocation of drivers license.304 The sale of liquors and other intoxicating beverages to minors is likewise prohibited in the City of Paraaque. Under Ordinance No. 95-18,305 all owners, sellers, or agents of business or commercial establishments are prohibited from selling liquors and other intoxicating beverages to minors who are under 18 years old.306 Penalties for violators are as follows: (a) First oense Fine of not less than Five hundred pesos (Php500.00) or imprisonment of not less than ve (5) days. (b) Second oense Fine of not less than One thousand pesos (Php1,000.00) or imprisonment of not less than ten (10) days. (c) Third and any succeeding oenses Fine of not less than Two thousand ve hundred pesos (Php2,500.00) and/or imprisonment of thirty (30) days, upon the discretion of the Court and if the violator be a business establishment, the clearance, permit or license to operate granted by the Municipality or Barangay shall be revoked.307
Curfew

following are, however, exempted from the curfew: (a) Those accompanied by their parents or guardians; (b) Students who come from their schools and are on their way to their respective residences, and for this purpose, students are required to bring with them their school identication cards and/or other means of identication; (c) Those engaged in livelihood provided they have a certication from the Department of Social Welfare and Development, City of Paraaque Branch, upon recommendation of the Barangay Captain wherein he/she resides. No fee or charge of whatever nature shall be paid for such identication card and permit.
310

The following penalties shall be imposed upon those found guilty of violating the prescribed curfew: (a) First oense The juvenile is reprimanded and the parent/guardian is informed of the violation; (b) Second offense Fine of One hundred pesos (Php100.00) or community work for two (2) hours; (c) Third offense Fine of Two hundred pesos (Php200.00) or community work for four (4) hours; (d) Fourth oense Fine of Three hundred pesos (Php300.00) or community work for six (6) hours; (e) Fifth and subsequent oenses Fine of Five hundred pesos (Php500.00) or community work for eight (8) hours. The above imposed community work shall be done in one of the barangay oces or in any other place within the barangay, which may be designated by the Barangay Captain. The oender, with the consent of his/her parent or guardian is given the option to pay

In the City of Paraaque, a curfew between 10 pm to 4 am of the following day is imposed on minors below the age of 15.308 Within this period, minors are prohibited to congregate, loiter, wander or be in the streets, plazas, other similar public areas and uninhabited places within the territorial limits of the city.309 The

Chapter 5 City and Barangay Ordinances and Resolutions

65

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

the ne or do community work, which option must be stated in writing and signed by both the minor and his/her parent or guardian.311 The following guidelines are provided in the ordinance for the proper enforcement of the curfew hours: (a) The apprehending person or authority shall bring the violator to the Barangay Hall or Police station/ sub-station, which ever is nearest, and shall at the earliest possible time inform the Barangay Captain (or his deputy or person in charge of the said oce) of the apprehension and other pertinent details. (b) The apprehended person shall be allowed to leave the Barangay oce or Police Station after 4:00 am, to be accompanied by a Barangay ocial or Police ocer to his/her place of residence. (c) The Barangay Chairperson shall take the necessary steps to verify if a violation actually occurred, and shall impose the penalties within a reasonable time but not to exceed a period of one (1) week after the violation was committed. (d) In the event of a denial from the alleged violator, the Barangay Captain shall convene the Barangay Court to hear the case and determine guilt and innocence. (e) No detention or deprivation of personal liberty shall be made or imposed during or after the apprehension for the violation of this Ordinance, it being understood that the penalties provided in the Ordinance shall not be considered as detention or deprivation of personal liberty, or constitute as a criminal record.312
Jaywalking

overpass along Quirino, Ninoy Aquino and Dr. Arcadio Santos Avenues is prohibited.314 Penalties for violation consist of nes and/or imprisonment: (a) First offense Fine of One hundred pesos (Php100.00) and/or one (1) day imprisonment upon the discretion of the Court. (b) Second offense Fine of Two hundred pesos (Php200.00) and/or two (2) days imprisonment upon the discretion of the Court. (c) Third and subsequent oenses Fine of Five hundred pesos (Php500.00) and/or ve (5) days imprisonment upon the discretion of the Court.
Smoking

Smoking in any public transportation is prohibited under Ordinance No. 99-23 (577), or the Smoking Ban in Public Utility Vehicles.315 This ordinance provides that all drivers, operators and passengers are prohibited from smoking cigarettes, cigars and other tobacco products in any form, inside public utility jeepneys, buses, taxicabs or other public utility conveyance in or through the City of Paraaque.316 A violation of this ordinance shall merit the following nes: (a) First offense Fine of Two hundred pesos (Php200.00). (b) Second offense Fine of Four hundred pesos (Php400.00). (c) Third offense Fine of Six hundred pesos (Php600.00). (d) Fourth oense Fine on Eight hundred pesos (Php800.00). (e) Fifth offense Fine of One thousand pesos (Php1,000.00) or community service of sixteen (16) hours to the City Government of Paraaque or both.317

Jaywalking, often committed by children, is prohibited in certain thoroughfares in Paraaque. Under Ordinance No. 96-15,313 jaywalking or crossing of streets not using the designated pedestrians lane or pedestrian

66

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

The sale of cigarettes to minors is also prohibited under the same Paraaque Ordinance No. 95-18318 that disallows the sale of intoxicating beverages. Said ordinance provides that all owners, sellers, or agents of business or commercial establishments are prohibited from selling cigarettes to minors319 and shall be penalised in the same manner when violations are committed when liquor is sold to minors.320
Vandalism

dren detained in the said Bureau.323 Moreover, in 1963, another appropriation was set aside for the construction of a building, which will house the Juvenile and Domestic Relations Court near the Youth Reception Center at Arrocerros Street, Manila.324 QUEZON CITY The Quezon City Child and Youth Welfare Ordinance arguably embodies a comprehensive list of action steps and programmes that may be implemented to benet minors. Among the programmes that this ordinance seeks to accomplish are the following, among others: The creation of the Quezon City Center for Child and Youth Development, its policy making body, the appropriation of funds for its establishment.325 The conduct of programs such as the: (1) Periodic community dialogues;326 (2) Parent Education Congress;327 (3) Scholarships328 The establishment of the Early Childhood Care and Development Program for the care of children ages 0-2. The implementation of the Primary Health Care Program through the Barangay Health Center.329 Setting up of child-friendly units in Quezon City hospitals.330 The investment by the city government in the production of local literature or other relevant materials for children.331 Other notable non-penal legislative measures approved by the Quezon City Council are the following: The creation of the Quezon City Council for the Protection of Children (QCCPC) that shall perform functions such as the formulation of city plans and actions for children.332

The willful and malicious destruction or defacement of public or private properties or vandalism is prohibited under Ordinance No. 96-14321. The violator of this ordinance, whether a minor or an adult, shall be given the following penalties: (a) First oense -- One (1) hour community service at the Environmental Sanitation Center. (b) Second oense Fine of not more than One hundred pesos (Php100.00) or imprisonment of not more than two (2) days or both upon discretion of the Court. (c) Third oense Fine of not more than Three hundred pesos (Php300.00) or imprisonment of not more than ve (5) days or both upon the discretion of the Court. NON-PENAL LEGISLATIVE MEASURES MANILA The notable non-penal ordinances in the City of Manila directly aecting children were enacted as early as the 60s. In 1960, an ordinance322 was passed changing the name of the Council for the Prevention of Juvenile Delinquency to Youth Welfare Council. In 1962, appropriations were made for the purchase of equipment and other devices for the use of the Juvenile Control Bureau of the Manila Police Department in notifying parents or guardians of estranged or lost chil-

Chapter 5 City and Barangay Ordinances and Resolutions

67

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

The City Council's adoption and expression of support to the Provisions of the United Nations Declaration on the Rights of the Child, the World Declaration on the Survival, Protection and Development of Children, and the Rights of Girl-Child Embodied at the Beijing Platform of Action for Women.333 The establishment within the City Hall Compound of a Day Care Center, the Quezon City Hall Yakap for children ages three (3) to six (6) of city government employees.334 The establishment of the Quezon City Drug Treatment and Rehabilitation Center.335 PASAY CITY In the Child Welfare Code of Pasay City336, the City Government has declared Pasay City as a Child Friendly City. Under this Code, the City Government has committed to, among others: Implement the Under Six Program Framework and the Primary Health Care Program Framework; Establish a comprehensive Community Support System, the Community Support System, which consists of, among others, the Pasay City Child Welfare Council, the Barangay Council for the Protection of Children; and Institutionalise Foster Homes for children with the technical assistance and supervision of the Department of Social Welfare and Development-NCR. In addition to the Child Welfare Code, other noteworthy legislative measures that are non-penal in nature are: The grant of authority to the Mayor to enter into a Memorandum of Agreement with the Department of Interior and Local Government for the establishment and maintenance of the Street and Urban Working

Children Project's Social Development Center.337 The creation of a Barangay Anti-Drug Abuse Council to serve as a focal point through which various organizations and individuals shall cooperatively work together in the planning, implementation and evaluation of programs on drug prevention effectively.338 The conduct of a feasibility study on the establishment of a shelter for street children in Pasay City.339 PARAAQUE CITY The City Government of Paraaque has passed a variety of non-penal legislative measures in the past decade. These measures intended to benet minors range from the extension of nancial assistance to youth circles,340 the grant of authority to the Mayor to enter into a Memorandum of Agreement with a Childrens Foundation,341 to the grant of a locational clearance for the construction of a proposed orphanage.342 Most notable, however, among the non-penal legislative measures for the youth are the following: The creation and establishment of a Culture, Arts and Music Training Center for Out-Of-School Youth, Street Children And Other Less Privileged Sector in the City of Paraaque;343 The grant of a monthly allowance of Five Hundred Pesos each for the Special Children of Paraaque enrolled in the Special Education Program of DECS;344 The establishment of a Post-secondary/ Tertiary Educational Institution of Science And Technology;345 and The establishment of a Half-Way Home for Drug Dependents.346

68

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

CALOOCAN CITY Barangay 102 in Caloocan issued Resolution No. 6 S-1998347 organising a Barangay Council for the Protection of Children (BCPC).

Analysis
Although the ordinances and resolutions collected from each respondent city and barangay by no means represent the entire prole of local laws governing children, the project endeavoured to be as comprehensive as possible. The penal legislation in the city and barangay levels, based on the laws collected, is principally focused on penalising certain acts, whether committed by adults or by children. The identied non-penal laws refer to children in general, with no specic provision for the promotion of the rights of children in conict with the law. These non-penal laws generally provide for appropriations for facilities and equipment; nancial assistance to individual persons and institutions; cooperation with other government agencies; and establishment of sports and cultural programmes. In addition to the crimes provided in the Revised Penal Code of the Philippines that may be committed by both adults and children, there are penal laws enacted at the city and barangay levels that apply to children only, ie, violation of curfew; abuse of solvents and volatile substances; smoking and use of tobacco; loitering; and use of video games. Other ordinances may apply to both adults and children, ie, roller and skateboarders; selling of cigarettes; selling of intoxicating beverages; selling of pornographic materials; and recruitment into fraternities. Arrest and imprisonment. Among the crimes for which children are arrested include violations of the ordinances cited in this research. Although some of the

local laws provide for graduated penalties in terms of nes and impose imprisonment only after the repeated commission of oences, children are still arrested and enter the criminal justice system owing to the existence of these laws. Prescribed penalties of imprisonment range from one day, as in the case of curfew violations in the City of Manila and of jaywalking in the City of Paraaque, to one year in cases wherein the Pasay City Ordinance against recruitment to fraternities or the City of Manila Ordinance against vandalism is violated. The imposition of penalties of imprisonment on children under these city ordinances, however, goes against the principle of restorative justice and reects the local laws failure to consider the needs of the community, the needs of the child and the desirability of the childs reintegration into and assumption of a constructive role in society.348 These laws arm the punitive nature of the criminal justice system in the Philippines, which primarily focuses on the laws that are broken, the offender, and the punishment provided. While nes are provided as alternative penalties, there are cases wherein the children are unable to pay such nes, and even in cases where they are able to pay, they still spend hours or days in the barangay holding cells, police precincts or jails. As seen in previous studies conducted, abuse and trauma can, and indeed happen, during the initial contact of children with the criminal justice system in the form of arrest.349 During the focus group discussion for the court and prosecution, the imprisonment of children arrested for the violation of ordinances was raised as an issue. In ordinary cases, violations of city and barangay ordinances are within the jurisdiction of the Metropolitan Trial Courts, the Municipal Trial Courts in cities and municipalities, and the Municipal Circuit Trial Courts. The applicable law is the Revised Rule on Summary Procedure.350 However, since a child

Chapter 5 City and Barangay Ordinances and Resolutions

69

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

is the one charged with the violation, jurisdiction is automatically conferred to the Regional Trial Court assigned as a Family Court pursuant to Section 5 of the Family Courts Act: SECTION 5. Jurisdiction of family Courts. The Family Courts shall have exclusive original jurisdiction to hear and decide the following cases: a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age but not less than nine (9) years of age or where one or more of the victims is a minor at the time of the commission of the oense: Provided, That if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. x x x 351 In this case, the Rule on Summary Procedure would still apply even though the case is with the Regional Trial Court since its provisions on the arrest of an accused are more favourable to the child: SEC. 16. Arrest of accused. The Court shall not order the arrest of the accused except for failure to appear whenever required. Release of the person arrested shall be either on bail or on recognizance by a responsible citizen acceptable to the Court. SEC. 17. Judgment. Where a trial has been conducted, the Court shall promulgate the judgment not later than thirty (30) days after the termination of trial.352 The Rule on Juveniles in Conict with the Law even reinforces this point:

SEC. 15 Recognisance. Before nal conviction, all juveniles charged with oenses falling under the Revised Rule on Summary Procedure shall be released on recognisance to the custody of their parents or other suitable person who shall be responsible for the juveniles appearance in court whenever required.353 However, the application of these provisions, in practice, depends on the Family Court judge. According to one participant during the plenary presentation, if the Family Court judge is familiar with the Revised Rule on Summary Procedure, having been previously assigned with the Municipal Trial Court, he or she will apply its provisions, unlike judges who are not familiar with the same provisions. Children, then, may undergo dierent processes for the same oence, depending on the judges knowledge of the Revised Rules on Summary Procedure. While other children may be granted recognisance, others may spend hours or days in jail or may be required to furnish bail even if the case is covered by the Rule on Summary Procedure. Types of penalties. The range of penalties imposed in the various ordinances is noticeably limited. The types of penalties are largely limited to nes, admonition, community or public service, and/or imprisonment. This limited catalogue of penalties may be indicative of the limited knowledge that local legislators have on a whole range of other disposition measures that may be imposed upon erring minors, such as those provided under Section 22 of the Rule on Juveniles in Conict with the Law: SEC. 22. Diversion Programs. The diversion program designed by the Committee shall be distinct to each juvenile in conict with the law limited for a specic period. It may include any or a combination of the following:

70

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

a) Written or oral reprimand or citation; b) Return of property; c) Payment of the damage caused; d) Written or oral apology; e) Guidance and supervision orders; f ) Counseling for the juvenile and his family; g) Training, seminars and lectures on (i) anger management skills; (ii) problem-solving and/or conict resolution skills; (iii) values formation; and (iv) other skills that will aid the juvenile to properly deal with situations that can lead to a repetition of the oense; h) Participation in available community-based programs; i) Institutional care and custody; or j) Work-detail program in the community. Hence, there is an evident want of local legislation that reects the States commitment under the UN CRC, Article 41, Paragraph 4, which states that: A variety of disposition measures, such as care, guidance and supervision orders; counseling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their wellbeing and proportionate both to their circumstances and the oence.354 In addition, it is not enough to merely provide for penalties, especially for ordinances applicable to children in conict with the law. Penalties such as community or public service should be clearly dened and its parameters set. More importantly, the question is whether the activities that constitute community or public service are appropriate to their well-being and proportionate both to their circumstances and the of-

fence. Will cleaning the barangay hall or police station full said standards? Moreover, how can restorative justice be applied when the penalty given is community or public service? Degree of penalty. A comparison of the city ordinances seeking to penalise the same type of infraction reveals a remarkable dierence in the nature and degree of penalties imposed on children. In the case of curfew ordinances, only the City of Manila imposes a penalty of imprisonment (for minors above 15 years old) in case of a violation of the curfew rules. A violation of Ordinance No. 4086 on curfew, enacted on 14 October 2002, merits an imprisonment from one day to ten days, or a ne of Php2,000, or both, at the discretion of the court, for third and subsequent oences. On the other hand, the Cities of Pasay and Paraaque merely impose community service to minors who violate their respective curfew ordinances. Under Ordinance No. 688 of Pasay City regarding curfew hours, the maximum penalty is 120 hours of community service and a ne of Php500 to be paid by the childs parents. Similarly, under Ordinance No. 99-12 of the City of Paraaque, the maximum penalty is community work for eight hours and a ne of Php500. Similarly, the Quezon City government imposes a penalty of public service to the child, but in the event of a third oence, its curfew ordinance prescribes that the minor: shall be temporarily detained at the Barangay not more than six (6) hours and the oending minor shall be turned over to the nearest police precinct for proper disciplinary action in accordance with existing laws, rules and regulations or ordinances of the city x x x355 The City of Caloocan, on the other hand, imposes nes against the parents or guardians of the erring minor. However, upon the commission of the fourth and
71

Chapter 5 City and Barangay Ordinances and Resolutions

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

succeeding oences, the conscription of the juvenile oender to Social Welfare entities is prescribed. While the dierent curfew ordinances punish the same act, children arrested for their violation are treated and penalised in extremely dierent ways. One city imposes imprisonment, while other cities merely impose community service. In the same manner, violations of ordinances prohibiting vandalism and drinking of intoxicating beverages or liquor in public places merit varying degrees of penalties across the subject cities. In Manila, for example, a child who commits an act of vandalism may be given a penalty ranging from six months to one year imprisonment under Ordinance No. 7971. However, a minor who commits the same act of vandalism as prescribed under Ordinance No. 96-14 of the City of Paraaque may only be directed to render a one hour community service or in the extreme case, be penalised with imprisonment ranging from two to ve days. While the City of Paraaque imposes a maximum penalty of 30 days imprisonment to minors who violate its Ordinance No. 95-27 prohibiting the drinking of alcoholic beverages in public places, the City of Pasay imposes a maximum imprisonment penalty of six months to minors who commit the same infraction under Pasay City Ordinance No. 265. In the above cases, although the ordinances in dierent cities punish the same acts, children arrested for these acts are treated dierently. Question on constitutionality. There is a question as to the constitutionality of several of the ordinances. The Supreme Court, in the case of People vs. Nazario (GR No. L-44143, 31 August 1988), held that: As a rule, a statute or act may be said to be vague when it lacks comprehensive standards that men of common intelligence must necessarily guess at its meaning and

dier as to its application. It is repugnant to the constitution in two respects: (1) it violates due process for failure to accord persons, especially the parties targeted by it, fair notice of the conduct to avoid; and (2) it leaves law enforcers unbridled direction in carrying out its provisions and becomes an arbitrary exing of the government muscle. For instance, Barangay Masambong of Quezon City issued Ordinance No. 6, series of 1999356 banning the use of pellet guns, toy guns and watusi pyrotechnics. Penalty provided for commission of a third oence is imposition of whatever legal action, which maybe commensurate to the oense involved particularly when there is an aggrieved party. The legal action contemplated under this ordinance is vague. What is the legal action contemplated in the rst place? In Quezon City also, Ordinance No. 4, S-2002 on curfew imposes the following penalties for commission of a third oence: he shall be temporarily detained at the Barangay not more than six hours and the offending minor shall be turned over to the nearest police precinct for proper disciplinary action in accordance with existing laws, rules and regulation or ordinances of the city, like vagrancy, etc. Proper disciplinary action is not dened. Does it include corporal punishment? What constitutes a proper disciplinary action is left to the discretion of the police ocers. In this instance, its implementation may vary from person to person. One police ocer may view disciplinary action to include corporal punishment while another may interpret it as admonishing the children or giving them a warning. Recommendations and interventions. In view of the foregoing discussion, the following forms of interventions may be done to correct existing local legislation where needed and to prevent the creation of local laws that are disadvantageous to children in conict with the law:

72

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Training of local legislators on the pertinent international instruments (ie, UN CRC) and national laws (ie, Child and Youth Welfare Code, Rule on Juveniles in Conict with the Law) to ensure that ordinances to be enacted shall be consistent with the principles, policies and procedures embodied therein. This may also serve as the venue to orient local legislators on the guiding principles on proper determination and graduation of penalties that take into consideration the special circumstances of children; Training on drafting of ordinances both at the barangay and city level, with focus on the constitutional requirements. Creation of venues (ie, seminars, roundtable discussions), where local legislators, local city and barangay ocials and child rights activists from dierent cities may share experiences on the implementation of ordinances. This shall serve as

potent venues to learn the better practices from cities and barangays that enact and implement more child-friendly ordinances; Training of Family Court judges to be familiar with the Rules on Summary Procedure as well as the Rule on the Juveniles in Conict with the Law; To prevent further detention and imprisonment of children and to ensure their uniform treatment across cities and barangays, the project recommends the decriminalisation of ordinances nation-wide if children commit violations; and City and barangay ocials should provide for alternative disposition measures to imprisonment as penalties for infractions, taking as an example such measures under the Rule on Juveniles in Conict with the Law issued by the Supreme Court.

Chapter 5 City and Barangay Ordinances and Resolutions

73

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Survey of Local Ordinances in the Cities of Caloocan, Manila, Paraaque, Pasay and Quezon City
CITY ORDINANCES
1. Caloocan City Table 5.1. Penal ordinances affecting children, Caloocan City
Resolution / Ordinance No. 0247 s.1997 Title Acts Required / Prohibited Penalties

An Ordinance Implementing a City- The Caloocan youngsters aged 17 and below First offence -- Reprimand and Wide and Homogenous Night Time are banned from the streets during nighttime, Guardian/Parental Summon Ban Policy for Minors, Aged Sevenfrom ten oclock in the evening to four oclock Second offence -- Guardian/Parental teen (17) Years Old and below from in the morning (Sections 3 and 6). Fine of Php 300 for negligence the Streets, and Providing for the Third offence -- Guardian/Parental Corresponding Penalties for Violators Fine of Php 500 for negligence and/or Offenders Thereof Fourth offence - conscription of juvenile offender/delinquent to Social Welfare entities (Section 4) An Ordinance Amending and Pro- Same nighttime ban under Ordinance No. 0247 Additional provision: Same penalviding the Necessary Safeguards to s. 1997, but with policy exemptions: ties as the Fourth offence for the City Ordinance No. 0247, Series of (1) Occupational exemptions juvenile delinquent or youthful 1997, Implementing a City-Wide and - students enrolled in night classes offenders commits another offence Homogenous Night-Time Ban Policy - night-shift young workers after the Fourth one for Minors Aged Seventeen (17) Years (2) Incidental exemptions Old and below from the Streets, and - minors accompanied by their elders Providing the Corresponding Penal- minors procuring medicine ties for Offenders and/or Violators - minors performing tasks under the direct Thereof supervision of their elders, brothers/sisters aged 18 and above, and persons having parental authority over the minor/s - minors involved in accidents, disasters and the like (3) Occasional exemptions (e.g. Christmas Eve, Town Fiesta)

0259 s.1998

TOTAL (as of January 2003) Penal: 2 (Ordinance No. SP 0259, S-1998 reiterates and amends Ordinance No. 0247, S-1997) Non-penal: 0

74

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

2. City of Manila Table 5.2. Penal ordinances affecting children, Manila City
Resolution/ Ordinance No. Ord. No. 8046 (14 October 2002) Title Acts Required / Prohibited Penalties If the offender is 15 years of age and below -- reprimand for the youth offender and admonition to the offenders parent, guardian or person exercising parental authority If the offender is above 15 years and under 18 years of age -First offence -- reprimand and admonition; Second offence -- reprimand and admonition, and a warning about the legal impositions in case of a third and subsequent violation; Third and subsequent offences -imprisonment of 1 to 10 days, or a Fine of Php 2,000, or both, at the discretion of the Court

An Ordinance Declaring the Hours Observance by children and youths below 18 from 10:00 p.m. to 4:00 a.m. of the years of age of curfew hours that start at 10 Following Day as Barangay Curfew p.m. and end at 4:00 a.m. During these hours, Hours for Children and Youths below minors are not allowed in the streets, commercial Eighteen (18) Years of Age, Prescribestablishments, recreation centres, malls or any ing Penalties Therefor, and for Other other area outside the immediate vicinity of their Purposes residence. the following are exempted from the curfew: (a) Those accompanied by their parents, family members of legal age, or guardian; (b) Those running lawful errands such as buying of medicines, using of telecommunication facilities for emergency purposes and the like; (c) Students of night schools and those who, by virtue of their employment, are required to stay in the street or outside their residence after 10 p.m.; and (d) Those working at night. Children falling under categories (c) and (d) shall secure a certication from their Punong Barangay exempting them from the coverage of the Ordinance, or present documentation/ identication proving their qualication under any such category

Ord. No. 7971 (29 October 1999)

An Ordinance Amending Ordinance It is unlawful for any person to deface or cause Fine of not less than Php 1,000 No. 6511, Prohibiting the Defacing, by to be defaced by painting, writing, scribbling, but not more than Php 5,000 or Painting, Writing, Scribbling, Scrawlscrawling, drawing, smearing, colouring, stampimprisonment of not less than six ing, Drawing, Smearing, Coloring, ing or inscribing, the walls, sidings, partitions, months nor more than one year or Stamping or Inscribing of Window fences, gates, doors or window panes of buildings, both ne and imprisonment at the Panes of Buildings, Edices, Houses edices, houses or structures, whether public or discretion of the Court or Structures, Whether Public or private, lampposts, street signs, streets, sidewalks Private, of Lampposts, Street Signs, or other public property Streets, Sidewalks or Other Public Exceptions: Property, with Certain Exceptions, (a) When done with the consent and authority of and Providing Penalty for Violation the owner, with respect to privately-owned Thereof, and for Other Purposes property, or (the Anti-Vandalism Law of 1999) (b) When duly authorized by the Mayor, with respect to public property

Chapter 5 City and Barangay Ordinances and Resolutions

75

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Resolution/ Ordinance No. Ord. No. 7952 (18 March 1998)

Title

Acts Required / Prohibited

Penalties

An Ordinance Prohibiting Any Per- It is unlawful for any person, owner, operator, The person, owner, operator, son, Owner, Operator,Administrator, administrator, manager or person-in-charge of administrator, manager or perManager, or Person in Charge of son-in-charge of operation of operation of restaurants, eateries and other Operation of Restaurants, Eateries restaurants, eateries and other establishments to allow children below 18 years and Other Similar Establishments to establishments found to violate the of age to loiter, stay or be seated at designated Allow Children below Eighteen (18) Ordinance shall be punished, upon smoking areas within subject establishments Years Old to Stay, Loiter or be Seated The same persons enumerated are also directed conviction, by a ne of Php 5,000 at Designated Smoking Areas within or imprisonment of 60 days to display, in conspicuous places within the Subject Establishments, Providing establishments, signboards bearing the above A repeated violation shall conPenalties for Violation Thereof and prohibition stitute sufcient ground for the for Other Purposes outright cancellation/revocation of business permit An Ordinance Repealing Sections 842-A and B of the Compilation of Ordinances of the City of Manila, Consolidating Thereof Ordinances Nos. 2878, 2927 and 4012, Bearing on Curfew Hours for Minors, and for Other Purposes

Ord. No. 7931 (Sept.1, 1997)

(REPEAL OF SECTIONS 842-A AND B OF CITY ORDINANCE NOS. 2878, 2927 AND 4012 ON THE CURFEW HOURS)

Ord. No. 7929 (Aug.28, 1997)

An Ordinance Prohibiting the Show- Theatre owners or operators are prohibited Fine of Php 5,000 or imprisoning of Movie Trailers of Films with from showing movie trailers of lms with R ment of not more than 30 days, R (Restricted) and PG (Parental (Restricted) and PG (Parental Guidance) clasor both, at the discretion of the Guidance) Classifications During sications during the intermissions/breaks on the Court. in case of juridical persons, Intermissions/Breaks on the Duration duration of playdates of a GP (General Patronage) the penalty shall be imposed on of Playdates of a GP (General Patronmovie/s in the City of Manila the President or General Manager age) Movie/s in the City of Manila, of such establishment. Providing Penalties Thereof

76

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Resolution/ Ordinance No. Ord. No. 7918 (Dec.19, 1996)

Title

Acts Required / Prohibited

Penalties

An Ordinance Prohibiting Any Person Within the City of Manila, any person or man- If violators are minors -- they shall ager/owner of business establishments specied be treated as youthful offenders or Owner/ Manager of Business in the Ordinance is prohibited from selling, or qualied under Presidential Decree Establishments to Sell, or Cause the causing the sale or peddling of the following No. 603 (the Child and Youth Selling or Peddling of Industrial or industrial or commercial adhesives, solvents and Welfare Code) Commercial Adhesives, Solvents and other related volatile substances used in solvent If violators are owners or managers Other Related Volatile Substances to abuse, to minors: Minors, and for Other Purposes of establishments enumerated in (a) Construction supplies / hardware stores Sec. 3 of the Ordinance -- they shall -- rubber or contact cement, instant glue, be punished by a ne of Php 5,000 industrial solvents used as adhesives and paint or imprisonment of one year, or or lacquer thinner; both such ne and imprisonment, (b) Drugstores -- acetone, instant glue; at the discretion of the Court. (c) Chemical establishments -- industrial solvent used as adhesives; (d) Cosmetic and beauty stores -- nail polish and acetone; (e) Department stores, especially those with cosmetic and/or hardware sections and drugstores -- same as in a, b, and d. Minors below 18 years old are likewise prohibited from buying the above-enumerated volatile substances used in solvent abuse. The owners and/or managers of the establishments are required to post in every entry point, window and other conspicuous places within their business premises, warning signs that bear the pertinent prohibition for minors to buy the volatile substances enumerated in the Ordinance. An Ordinance Prohibiting the Selling of Cigarettes, and Cigarette Paraphernalia to Minors and Providing Penalties for Violation Thereof The sale, transfer and/or conveying possession or ownership of cigarettes and cigarette paraphernalia to minors is prohibited First Offence -- Fine of Php 200 Second Offence -- Fine of Php 500 Third Offence -- Php 1,000 or imprisonment for six months, or both ne and imprisonment, at the discretion of the Court

Ord. No. 7842 (Feb.18, 1994)

Chapter 5 City and Barangay Ordinances and Resolutions

77

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Resolution/ Ordinance No. Ord. No. 7824 (Dec.9, 1993)

Title

Acts Required / Prohibited

Penalties

An Ordinance Prohibiting Minors All persons below eighteen (18) years old are First conviction -- the violator shall from Smoking Cigarettes, Cigars, and prohibited from smoking cigarettes, cigars and render four hours of community Other Tobacco Products within the other tobacco products in any form whatsoever, services to the City Government City of Manila whether or not they are in the company of their under the supervision of the Youth parents, guardians, elders or relatives who are Development and Welfare Bureau not otherwise covered by this prohibition Second conviction -- the penalty imposed for rst conviction shall be extended to eight hours of community services Third and subsequent conviction -a ne of not less than Five Hundred Pesos (Php 500, or community services of sixteen (16) hours, or both, shall be imposed. An Ordinance Prohibiting Sexual Relations with, and Solicitation or Procurement of, Prostitutes and Other Related Acts, Providing the Penalties Therefor The following are declared unlawful under the Fine of Php 5,000 or imprisonment Ordinance: of one year, or both such ne and (a) to have sexual relations with a prostitute for imprisonment at the discretion of some consideration including payment but the Court not limited to sums of money; If the violator is a foreigner, he/she (b) to solicit, procure, pimp or pander; shall, in addition to the above pen(c) to act as a middle person or go-between alty, be subject to deportation as for a third person and a prostitute in any may be determined by the proper place in the City of Manila for purposes of authorities prostitution If the violator is between the ages of 10 and 17 years, he/she shall pay a ne of not more than Php 2,500 or suffer imprisonment of not more than six months, or both such ne and imprisonment, at the discretion of the Court

Ord. No. 7791 (Jun. 11, 1993)

Ord. No. 7780 (Feb. 19, 1993)

An Ordinance Prohibiting and Pe- The printing, publishing, distribution, circulation, For the printing, publishing, distrinalizing the Printing, Publication, sale and exhibition of obscene and pornographic bution or circulation of obscene Sale, Distribution and Exhibition of acts and materials and the production, public or pornographic materials; the Obscene and Pornographic Acts and showing and viewing of video and VHS tapes, production or showing of obscene Materials and the Production, Rental, laser discs, theatrical or stage and other live movies, television shows, stage Public Showing and Viewing of Indeperformances and private showing for public and other liver performances; cent and Immoral Movies, Television consumption, whether for free or for a fee, of for producing or renting obscene Shows, Music Records, Video and pornographic pictures as dened in the Ordivideo and VHS tapes, laser discs, for VHS Tapes, Laser Discs,Theatrical or viewing obscene movies, television nance within the City of Manila Stage and Other Live Performances, shows, video and VHS tapes, and Except Those Reviewed by the Movie, laser discs or stage and other live Television Review and Classication performances -- imprisonment of 1 Board year or ne of Php 5,000, or both, at the discretion of the Court For selling obscene or pornographic materials -- imprisonment of not less than 6 months nor more than 1 year or a ne of not less than Php 1,000 nor more than Php 3,000

78

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Resolution/ Ordinance No. Ord. No. 7732 (Apr. 27, 1990)

Title

Acts Required / Prohibited

Penalties

An Ordinance Prohibiting Indecent To appear, or cause to appear, outside the im- Upon conviction, the violator shall Exposure and Disorderly Behaviour mediate vicinity of any night/day entertainment be punished by a ne not more Outside the Immediate Vicinity of Any spot in the City of Manila in any indecent or lewd than Php 200 or by imprisonment Night/Day Entertainment Spot in the dress of not more than six months, or City of Manila; and Providing Penalty To make any indecent exposure of ones person both such ne and imprisonment for Violation Thereof at the discretion of the Court or conduct oneself in disorderly behaviour Indecent Exposure being attired in a lewd dress or attire that is not in consonance with the customs and traditions of the people, and which would invite or induce the public to sexual pleasure, or entice them to offensive and scandalous behaviour; and urinating outside or in the immediate vicinity of the establishment. Disorderly Behaviour drunken, boisterous, rude or indecent manner An Ordinance Prohibiting the Dis- All persons, natural or juridical, in the City of Imprisonment of not more than 10 posal of Garbage, Trash, Rubbish and Manila are mandated to put their garbage, trash, days or a ne of not more than Php Refuse in Open, Uncovered or Unrubbish and refuse in a closed or sealed trash 500 or both upon the discretion of sealed Container; Providing Penalty bag, sack or similar container, the same to be the Court for Violation Thereof; and for Other closed and sealed for sanitary, orderly and proper Purposes disposition thereof It is unlawful to place outside ones residence or establishment garbage, trash, rubbish and refuse in an open, uncovered or unsealed container It is also unlawful for any person to open or destroy the aforesaid container for the purpose of scavenging and scattering the contents thereof in getting the said container An Ordinance Providing for the Attempting to prevent, cover, erase or in any Fine of Php 5,000 or imprisonment Public Identication and/or Publicaway deface the painting or inscription without for a period of one year, or both, tion of Known and/or Conrmed any authority from the Mayor or his authorized at the discretion of the Court Drug Lords, Drug Pushers, Drug representative Peddlers or Brokers and Protectors, * The Ordinance provides, prescribes and authorizes Gambling Lords and Protectors and the manner of public identication and/or publicaOther Known Criminal Elements tion of known and/or conrmed drug lords, drug by Painting or Inscribing with Appushers, drug peddlers or brokers and protectors, propriate Markings on Their Houses, gambling lords and protectors and other known Residences, Walls, Gates, Fences or criminal elements Other Premises Thereof, for the Protection, Safety and Welfare of the Public, Especially the Youth

Ord. No. 7695 (Mar. 1, 1989)

Ord. No. 7926 (Aug.6, 1997)

Chapter 5 City and Barangay Ordinances and Resolutions

79

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 5.3. Non-penal ordinances affecting children, Manila City


Resolution/ Ordinance No. Ord. No. 4728 (Mar.21, 1963) Title Resolution / Action Step

An Ordinance Appropriating the Amount of Sixty Appropriation of Php 60,000 for the construction of a buildThousand Pesos (P60,000.00) to be Made Available for ing which will house the Juvenile and Domestic Relations the Construction of a Building which will House the Court near the Youth Reception Center at Arrocerros Street, Juvenile and Domestic Relations Court Near the Youth Manila Reception Center at Arroceros Street, Manila An Ordinance Appropriating the Amount of Php Appropriation of Php 20,000 for the purchase of equipment 20,000.00 to be Made Available for the Purchase of and other devices for the use of the Juvenile Control Bureau Equipment and Other Devices for the Use of the Juveof the Manila Police Department in notifying parents or guardians of estranged or lost children detained in the said nile Control Bureau of the Manila Police Department Bureau in Notifying Parents or Guardians of Estranged or Lost Children Detained in the Said Bureau An Ordinance Changing the Name Council for the Pre- Changing the name of the Council for the Prevention of vention of Juvenile Delinquency Appearing in Ordinance Juvenile Delinquency to Youth Welfare Council. No. 2950, as Amended by Ordinances Nos. 2998, 3498 and 3509, to Youth Welfare Council.

Ord. No. 4588 (Aug.29, 1962)

Ord. No. 4728 (May 26, 1960)

Table 5.4. Other ordinances affecting children, Manila City


Resolution/ Ordinance No. Ord. No. 5555 Title Acts Required / Prohibited Resolution / Action Step

An Ordinance Prohibiting the Drink- Drinking of liquor or any intoxicating beverage Not indicated ing of Liquor or Any Intoxicating in any public place, streets, in front of sari-sari Beverage in Any Public Place, Streets, stores or establishments except for restaurants, in Front of Sari-Sari Stores or Escarinderia or bar with business permit. tablishments Except for Restaurants, Carinderia or Bar with Business Permit. An Ordinance Strictly Prohibiting Littering in a Public Place Littering in a public place Not indicated

Ord. No. 7319

Ord. No. 7397

An Ordinance Strictly Prohibiting the Improper disposal of garbage, paper, cigarette Not indicated Improper Disposal of Garbage, Paper, ashes, etc. Cigarette ashes, Etc.

Total (as of January 2003) Penal: 13 (Not including Ordinance No. 7931 dated 01 Sept 1997 repealing the provisions on curfew hours of earlier approved ordinances) Non-Penal: 3 Others: 3

80

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

3. Paraaque City Table 5.5. Penal ordinances affecting children, Paraaque City
Resolution/ Ordinance No. Ord. No. 01-07 (703) Series of 2001 Title Prohibitions Or Restriction On Children Penalties

An Ordinance Penalizing Any To operate a motor vehicle under the inuence First offence -- Fine of Php 5,000 or Person Operating a Motor Veof alcohol within the territorial jurisdiction of 30 days imprisonment. hicle Under the Influence of the City of Paraaque with a Blood Alcohol Second offence -- Fine of Php 5,000 Alcoholic Beverages within the Concentration of 0.06% or more by weight of and 30 days imprisonment. Territorial Jurisdiction of the City alcohol in the drivers blood Third offence -- Fine of Php 5,000and of Paraaque 30 days imprisonment and a recommendation by the city to the Land Transportation Ofce for revocation of drivers license An Ordinance Prohibiting Driv- Drivers/operators and passengers are prohibers/Operators and Passengers ited from smoking cigarettes, cigars and other from Smoking Inside Public Utiltobacco products in any for whatsoever, inside ity Jeepneys, Buses, Taxicabs or Public Utility Jeepneys, Buses, Taxicabs or other Any Other Public Conveyance Public Utility Conveyance in or through the City Operating in or Through the City of Paraaque of Paraaque, Providing Penalties for Violation Thereof An Ordinance Imposing a Curfew A curfew is imposed on those who are below for All Youths below Fifteen Years the age of 15, between 10 p.m. to 4 a.m. of the of Age Between the Hours of Ten following day.These minors are prohibited within oclock p.m. to Four oclock a.m., that time period to congregate, loiter, wander or Providing Its Exceptions and Penbe in the streets, plazas, other similar public areas alties for Violation Thereof and uninhabited places within the territorial limits of the City of Paraaque The following are exempted from the curfew: (a) Those accompanied by their parents or guardians; (b) Students who come from their schools and are on their way to their respective residences, and for this purpose, students are required to bring with them their school identication cards and/or other means of identication; (c) Those engaged in livelihood provided they have a certication from the Department of Social Welfare and Development, City of Paraaque Branch, upon recommendation of the Barangay Captain wherein he/she resides. No fee or charge of whatever nature shall be paid for such identication card and permit. An Ordinance Prohibiting Jaywalking along Major Thoroughfares within the Municipality and Providing Penalties Thereof First offence Fine of Php 200 Second offence Fine of Php 400 Third offence Fine of Php 600 Fourth offence Fine on Php 800 Fifth offence Fine of Php 1,000 or community service of 16 hours to the City Government of Paraaque or both

Ord. No. 99-23 (577) Series of 1999

Ord. No. 99-12 (575) Series of 1998

First offence -- Violator is reprimanded and the parent/guardian is informed of the violation; Second offence -- Fine of Php 100 or community work for two hours; Third offence -- Fine of Php 200 or community work for four hours; Fourth offence -- Fine of Php 300or community work for six hours; Fifth and subsequent offences -- Fine of Php 500 or community work for eight hours

Ord. No. 96-15 Series of 1996

Jaywalking or crossing of streets not using the First offence -- Fine of Php 100 and/or designated pedestrians lane or pedestrian overone day imprisonment upon the discrepass along Quirino Avenue, Ninoy Aquino Avenue tion of the Court and Dr. Arcadio Santos Avenue Second offence -- Fine of Php 200and/ or two days imprisonment upon the discretion of the Court Third and subsequent offences -- Fine of Php 500 and/or ve days imprisonment upon the discretion of the Court

Chapter 5 City and Barangay Ordinances and Resolutions

81

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Resolution/ Ordinance No. Ord. No. 96-14 Series of 1996

Title

Prohibitions Or Restriction On Children

Penalties First offence -- One hour community service at the Environmental Sanitation Center Second offence -- Fine of not more than Php 100 or imprisonment of not more than two days or both upon discretion of the Court Third offence -- Fine of not more than Php 300 or imprisonment of not more than ve days or both upon the discretion of the Court

An Ordinance Penalizing Van- The wilful and malicious destruction or dedalism on Public and Private facement of public or private properties is Properties prohibited

Ord. No. 95-27 Series of 1995

An Ordinance Prohibiting the Consumption or drinking of beer, wine, liquor First offence -- Fine of not less than Consumption or Drinking of or similar intoxication beverages in public places Php 500 or imprisonment of not less Beer, Wine, Liquor or Similar as enumerated in Section 1 of the Ordinance is than ve days Intoxicating Beverages in Public prohibited Second offence -- Fine of not less than Places and Providing Penalty for Public places include, but are not limited to: Php 1,000 or imprisonment of not less Violations Thereof (a) roads than 10 days (b) pathways Third and any succeeding offences -(c) street Fine of not less than Php 2,500 and/or (d) alleys imprisonment of 30 days, upon the (e) sidewalks discretion of the Court (f) sports complex or grounds (g) parks or playground whether public or private (h) Church yards (i) School yards An Ordinance Restricting the All owners, sellers, and/or agents of business or First offence -- Fine of not less than Sale of Cigarettes, Liquors and commercial establishments are prohibited from Php 500 or imprisonment of not less Other Intoxicating Beverages by selling cigarettes and liquors and other intoxicatthan ve days Owners and/or Operators or ing beverages to minors who are under 18 years Second offence -- Fine of not less than Their Agents and Sellers of Busiold Php 1,000 or imprisonment of not less ness Establishments to Minors 17 than 10 days Years and below Third and any succeeding offences -- Fine of not less than Php 2,500 and/or imprisonment of 30 days, upon the discretion of the Court and if the violator be a business establishment, the clearance, permit or license to operate granted by the municipality or barangay shall be revoked An Ordinance Amending Section III and IV of Ordinance No. 5, Series of 1961, entitled An Ordinance Regulating the Sale and Drinking of Beer, Wine or Similar Intoxicating Liquor and Providing Penalty for the Violation Therefor Fine of not less than Php 500 but not more than Php 1,000 or an imprisonment of not less than 15 days but not more than 30 days or both at the discretion of the Court

Ord. No. 95-18 Series of 1995

Ord. No. 93-15 Series of 1993

82

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 5.6. Non-penal ordinances affecting children, Paraaque City


Resolution/ Ordinance No. Res. No. 02-33 (2677) Series of 2002 Title Relevant Provisions/ Resolution / Action Step

A Resolution Extending Financial assistance City governments reiteration that the enhancement and growth of culture in the Amount of Three Hundred Thousand and tradition are among its highest priorities and recognition of traditional Pesos (Php 300,000.00) to Tambo Youth Lenten activities celebrated in select barangays in the City Circle (TYC.) Balikatan ng mga Kababaihan Appropriation of Php 300,000 by way of support and nancial assistance ng Don Galo, Kudyapi, Philippines to the Tambo Youth Circle, Balikatan ng mga Kababaihan ng Don Galo, Kudyapi, Philippines A Resolution Authorizing the Hon. Mayor Granting of authority to the City Mayor to sign for and in behalf of the Joey P. Marquez to Sign for and in Behalf City Government of Paraaque the Memorandum of Agreement with of the City Government of Paraaque the Save the Children Foundation to enable the latter to reach a the Memorandum of Agreement with the wider number of children, parent/caregivers and community members Save the Children Foundation to Enable the Latter to Reach a Wider Number of Children, Parent/Caregivers and Community Members An Ordinance Creating and Establishing a Declaration that the promotion of tourism and the development of the Culture,Arts and Music Training Center for arts are major thrusts and programs of the City Government and that Out-of-School Youth, Street Children and the City Government gives distinct and utmost importance to projects Other Less Privileged Sector in the City that enhance the growth of culture and artistic expressions and activities of Paraaque that will help revitalize and reinforce the rich culture and tradition of the City Recognition that the creation and establishment of a training centre shall help realize the aims of the City Government in promoting arts and culture and to assist training the youth in music and other art forms Establishment under the Ofce of the City Mayor the Culture, Arts and Music Training Center for out-of-school youth, street children and other members of the less privileged sector of the city Provision of funding for the operation of the Center, its program activities and other needs, to be sources from the Social Fund of the Mayor and donations from other sources A Resolution Granting Locational Clear- The Evaluating Committee of the City, after its inspection study and ance to Sister Phillip/Sr. Salecia for Their evaluation of the proposed project, St. Josephs House (Orphanage) recProposed St. Joseph House (Orphanage) ommending approval of granting a Locational Clearance for the project Located at L-1-A-2, 1-A-3 & 1-A-4 El Grant of the Locational Clearance to Sister Phillip/Sr. Salecia for their Dorado Avenue, Levitown, Barangay Don proposed St. Josephs House (Orphanage) located at Barangay Don Bosco, Bosco, City of Paraaque, Metro Manila City of Paraaque An Ordinance Granting a Monthly Allow- Recognition that there are 34 children of special needs, 27 hearing-impaired ance of Five Hundred Pesos (P500.00) pupils, and 15 vision-impaired students enrolled in the Special Education Each for the Special Children of Paraaque Program of the DECS in Paraaque City Currently Enrolled in the Special Education Grant of a monthly allowance of Php 500 to each special child Program of DECS and Appropriating Funds (mentally retarded, vision and hearing impaired) enrolled in Therefor the special education program of DECS, provided that said child has attended 80% of his/her classes for each month pursuant to the City Councils power to approve ordinances that provide for the care of disable persons and other needy and disadvantaged persons, particularly children and youth below 18 years of age Recognition of the need to provide assistance to this segment of the society as their talents could be harnessed in making them productive and not dependent members of the community Appropriation of Php 500,000 from the General Fund for the above purpose, with an yearly increment of 10% of said amount

Res. No. 01-47 (2530) Series of 2001

Ord. No. 01-03 (695) Series of 2001

Res. No. 00-83 Series of 2000

Ord. No. 00-19 Series of 2000

Chapter 5 City and Barangay Ordinances and Resolutions

83

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Resolution/ Ordinance No. Ord. No. 00-17 Series of 2000

Title

Relevant Provisions/ Resolution / Action Step

An Ordinance Establishing a Post-second- Reiteration that one of the primary objectives of the City Government is ary/Tertiary Educational Institution of to reach out and offer to the youth of the city, particularly the poor but Science and Technology and Appropriating deserving ones, a tertiary education in science and technology Funds for the Purpose Establishment of a Post-Secondary/Tertiary Educational Institution of science and technology, that shall admit only bonade residents and children of residents of Paraaque City, with priority for admission given to graduates of public school, considering that there is no school of higher learning specializing in science and technology in the City of Paraaque and pursuant to the City Governments desire to immensely contribute in the development of professionals in the eld of science and technology to meet the rapidly growing demands of the future Appropriation of Php 1.2 million for Fiscal Year (FY) 2000 and Php 8.8 million for FY 2001 to cover salaries, wages and other fringe benets for personnel services, maintenance and other operating expenses, supplies, materials and other educational equipment An Ordinance Regulating Financial assis- Recognition of the need to regulate the nancial assistance extended to tance Granted to Charitable Institutions different requesting charitable institutions in order to give priority to the from Games and Amusements Tax nancing of the Municipalitys (now City) projects and the settlement of the local governments nancial obligations Establishment of a cap (Php 10,000) for nancial assistance to be given by the City Government to charitable institutions. Order that the exact amount of nancial assistance to be granted to charitable institutions shall be recommended by the City Treasurer, subject to the approval of the City Council An Ordinance Establishing a Half-Way Home for Drug Dependents to be Administered by Technical Personnel and Providing Funds Therefor Citing the student on the After Care Services from the barangay health centres, the City Council recognizes the need for an intensive after care and the follow-up services to prevent the problem of relapses among those who underwent drug rehabilitation, and the imperative need for a half-way home Acknowledging that the citys willingness to extend funding support for the establishment of the half-way facility, together with the Richmond Foundation, the latter being responsible for the funding of all programs and services, the equipment, supplies, among others Establishment of a half-way home and the statement of the fund requirements and the counterpart appropriation coming from the City Government

Ord. No. 95-04 Series of 1995

Ord. No. 93-12 Series of 1993

TOTAL (as of January 2003) Penal: 8 Non-Penal: 8

84

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

4. Pasay City Table 5.7. Penal ordinances affecting children, Pasay City
Resolution/ Ordinance No. Ord. No. 2001, S-2001 Title Acts Required / Prohibited Penalties

An Ordinance Providing for Child Strict adherence to the provisions of An Act No penalties for minors. Penalties Survival, Development, Protection, Promoting the Salt Iodisation Nationwide is are imposed on the salt producer, Security and Participation and Esrequired manufacturer, importer, or trader tablishing a Comprehensive Children Pasay City hospitals are mandated to comply with found to have violated the said Support System in Pasay City and for law the requirements of the Department of Health Other Purposes for a Mother-Baby Friendly Hospital No penalties for minors. Hospitals found to have deliberately violated Inclusion of child-friendly facilities in the prothis mandate shall be recommendposed building plans of commercial buildings in ed for appropriate sanctions by the Pasay City Department of Health The provision of Paging Booths/System in all Pasay Non-approval of the proposed City shopping malls is required building plans No penalties for minors. Failure to comply shall subject the offender to a ne of Php 5,000, in addition to the suspension of permit to operate business for one year An Ordinance Prohibiting the Manufacture, Sale and Possession of Toy Guns with Pellet Bullets in Pasay City and Imposing Penalties for Violation Thereof The manufacture, sale or possession of metal or The person who manufactures, sells plastic toy guns capable of being red with the or possesses said toy guns shall use of plastic pellet bullets are prohibited suffer the following penalties: (a) Conscation of the toy gun and plastic pellet bullets (b) If the violator is 18 years old or above, he/she shall suffer imprisonment of ve days or a ne of Php 1,000, or both at the Courts discretion

Ord. No. 1383, S-1999

Chapter 5 City and Barangay Ordinances and Resolutions

85

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Resolution/ Ordinance No. Ord. No. 1496, S-1999

Title The Anti-Vandalism Ordinance of Pasay City

Acts Required / Prohibited Acts of vandalism, as dened under the ordinance, are prohibited Vandalism or acts of vandalism under the Ordinance means: (1) Any form of writing, scribbling, scrawling or drawing with the use of paint, pentel, fountain and ball pens and inks or any colouring materials of any word, sign or logo on any private or public wall fence, gate, building or legitimate signs, bill boards and public announcements without the written consent of the owner; (2) Any form of painting, spraying or splashing of paints, inks or colouring materials on any statue, bust, private or public wall, fence, gate, building or legitimate sign or billboards and public announcements, without the written consent of the owner; (3) Any form of scratching or etching with the use of pointed or sharp object on any private or public wall, fence, gate, glass windows or glass show case, legitimate signs, billboards and public announcements without the written consent of the owner; (4) Any form of pasting or posting of any campaign or advertising materials on any private or public wall, fence, gate, building or legitimate signs, billboards or public announcements or removing or defacing any legitimate signs, billboards or public announcements without the written consent of the owner;

Penalties

Ord. No. 688, S-1996

An Ordinance Amending Ordinance Observance of persons below 18 years old of No. 181 S-1992 to Read as Ordicurfew hours that starts at 10 p.m. and ends at nance Imposing Curfew Hour to 4 a.m. All Persons below 18 Years of Age The following are exempted from the curfew: Starting Ten (10:00) OClock in the (a) Children having legitimate employment at Evening Up to Four (4:00) OClock nighttime to be certied by the employer and in the Morning of the Following Day the barangay captain or at least two barangay and Providing Penalties to Violators councilmen; Thereof (b) Students with an ID Card from school where he/she is presently enrolled or a certication from the barangay captain; (c) Children who do not have known parents but have a certication from the DSWD; (d) Children in transit who are accompanied by parents; and (e) Children who are sent on errands in emergency cases. The curfew is suspended from the period starting December 16 and ending January 2 of the following year.

First offence - to be blottered or recorded in the barangay which has territorial jurisdiction Second offence - Undergo community service totalling at least eight hours by the Barangay Captain (sic) who has territorial jurisdiction over the place where the violator resides Third offence - Undergo community service totalling at least 48 hours Fourth offence - Undergo or render community service totalling at least 120 hours and in the event of deliberate refusal, the violator and his/her parents shall jointly suffer to pay a ne of Php 500 (Section 5)

86

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Resolution/ Ordinance No. (s(Ord. No. 1545, S-1999

Title An Ordinance Amending Ordinance 210 S-1993 Prohibiting the Exhibition of Lewd or Obscene Shows in Pasay City

Acts Required / Prohibited

Penalties

The exhibition of obscene or lewd shows are The performer, owner or person prohibited in all beer joints, night clubs, bars, in case of a single proprietor, business enterprise or the ofcers of a karaoke bars, theatres, entertainment places and corporation or partnership which other places of amusement in Pasay City runs or operates any of the stated establishments who are found to have violated the ordinance shall suffer the following penalties: (a) First offence Php 2,500 or an imprisonment of two months (b) Second offence Php 3,500, or an imprisonment of three months (c) Third offence Php 5,000 or an imprisonment of six months or both on the discretion of the Court. Succeeding violation(s) after the Third offence shall be the revocation of all necessary license and permit issued by the City Government

Ord. No. 1576, S-1999

An Ordinance Regulating the Sale or It is declared unlawful for any business, amusement, No penalties for minors. The Dispensation of Intoxicating Liquors or entertainment establishments, restaurants or person who shall violate this and Beverages to Minors carinderias to sell or dispense or serve intoxicatOrdinance shall suffer 30 days iming liquors and beverages to minors prisonment or a ne of Php 5,000 or both, at the discretion of the Court. The Mayors License/Permit of the establishment shall also be revoked. Resolution Requesting the Honour- Reiteration of the earlier ordinance, Ord. No. Reiteration of the penalty provided able City Mayor of Pasay to Strictly 265, S-1994 (see below) in Ord. No. 265, S-1994 Implement Ordinance No. 265, S1994 in the Entire Jurisdiction of Pasay and to Instruct the Police Ofcers and All Barangay Ofcials to Do the Same An Ordinance Prohibiting Minors Operators, managers, owners are prohibited The penalty if a ne of Php 500, below Eighteen (18) Years of Age from allowing minors below 18 years of age or an imprisonment of 30 days, from Entering the Pasay City Cockpit from entering the Pasay City Cockpit Coliseum or both at the discretion of the Coliseum for Purpose of Setting or for purposes of betting or participate in betting Court. Participating in Betting as Kristo as Kristo and entering the ring of rueda before The penalty is imposed not on and Entering the Ring or Rueda Bethe minors, but on the operators, or during the actual cockght fore or During the Actual Cockght managers, or owners who violate in View of the Hazard Posed by the this Ordinance. Sharp Blades (GAFF) attached to the Fighting Cocks and/or Act as Gaffer, Sulatdor, or Nagpapatuka

Res. No. 1348, S-1999

Ord. No. 290, S-1994

Chapter 5 City and Barangay Ordinances and Resolutions

87

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Resolution/ Ordinance No. Ord. No. 265, S-1994

Title

Acts Required / Prohibited

Penalties

An Ordinance Prohibiting the It is prohibited for any person to drink any in- Any person who violates any of the Drinking of Intoxicating Liquor and toxicating liquor or beverage in any public place, provision of this Ordinance shall Beverage in Any Public Place, Building building and cemetery be punished by imprisonment of and Cemetery in Pasay City at Any six months and one day, or ne of Time of the Day or Night and ProvidPhp 2,000 or both at the Courts ing for Violations Therefore discretion An Ordinance Prohibiting Roller and Prohibition of the use of national and city roads First offence - a ne of Php 200 Skateboard Skaters from Using Naby roller and skateboard skaters Second offence - a fine of Php tional and City Roads and Imposing 300 Penalties for Violators Thereof Third offence - a ne of Php 500 An Ordinance Prohibiting Any Person Any person 17 years old and below are prohibited Any person who is 17 years old and Who Are Under the Age of Eighteen from smoking cigarettes or cigars, as well as buybelow who violates this ordinance (18) Years Old from Buying/Acquiring ing or acquiring the same from any establishments by smoking/buying/acquiring cigaand Smoking Cigarettes/Cigars within the territorial limits of the city (Section rettes or cigars shall be subjected to a ne of Php 200 3) Those who run the business establishment in violation this Ordinance by allowing a minor to buy or acquire cigarettes or cigars shall suffer to pay a ne of Php 500 An Ordinance Prohibiting the Recruit- No person shall engage in the recruitment of ment of Minors to All Fraternities and minors to any fraternity or other similar organizaOther Similar Organizations and tions, in and out of the school premises Providing Penalty Thereof (sic) Penalty is imprisonment

Ord. 311-a, S-1994

Ord. No. 228, S-1993

Ord. No. 156, S-1992

88

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 5.8. Non-penal ordinances affecting children, Pasay City


Resolution/ Ordinance No. Ord. No. 2001, S-2001 Title Relevant Provisions/ Resolution / Action Step

An Ordinance Providing for Child Survival, Devel- Declaration that Pasay City is a Child Friendly City opment, Protection, Security and Participation Recognition of the childrens right to life and the full development and Establishing a Comprehensive Children of their potential (Survival and Development Rights of Children) Support System in Pasay City and for Other and the social trends showing a signicant increase in the incidents Purposes of child abuse Implementation of the Under Six Program Framework and the Primary Health Care Program Framework Establishment of a comprehensive Community Support System, the Community Support System, which consists of, among others, the Pasay City Child Welfare Council, the Barangay Council for the Protection of Children Institutionalisation of Foster Homes for children with the technical assistance and supervision of the DSWD-National Capital Region (NCR) A Resolution Authorizing the Honourable City The Australian Government, through AusAID, expands its ongoing Mayor Wenceslao B. Trinidad, to Enter Into and AusAID-assisted Street Children Nutrition and Education Project Sign in Behalf of the City Government of Pasay, to be implemented in 25 Local Government Units, one of which is a Memorandum of Agreement with the DepartPasay City. Pasay City is one of the designated LGUs of the Project ment of Interior and Local Government (DILG) because it has been identied as one of those with a considerable Represented by its Secretary, Hon. Alfredo Lim, number of street and urban working children on the Establishment and Maintenance of the That the City Mayor is authorized to enter into and sign in behalf Street and Urban Working Children Projects of the City Government a Memorandum of Agreement with the (SUWCP) Social Development Center (SDC) Department of Interior and Local Government, for the establishment and maintenance of the Street and Urban Working Children Projects Social Development Center

Res. No. 1586, S-2000

Chapter 5 City and Barangay Ordinances and Resolutions

89

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Resolution/ Ordinance No. Ord. No. 1422, S-99

Title

Relevant Provisions/ Resolution / Action Step

An Ordinance Appropriating the Amount of Two Recognition that the benets and privileges of the barangay ofcials Hundred Thousand Pesos (Php 200,000.00) from are inadequate considering the risks they face in the performance the SPF of the Proponent to be Put Up as Trust of their ofcial duties as persons in authority Fund for the Monetary Benets of All Incumbent The initial appropriation of Php 200,000 to be taken from the SpeBarangay Ofcials Including Barangay Tanods in cial Purpose Fund of the proponent from the City Council to be Pasay City, in the Event of Their Death or for put up as a Trust Fund for the monetary benets of all incumbent Their Medical Care Expenses Barangay ofcials in the event of their death or for their medical care expenses The monetary benets (e.g. medical care, death) are available to certain barangay ofcials, including the Sangguniang Kabataan (SK) Chairperson A Resolution Requiring All Barangay Captains of Pasay City to Create Their Local Barangay Anti-Drug Abuse Council (BADAC) in Their Respective Jurisdictions Upon its recognition that the increasing use of illegal drugs has contributed to the alarming incidence of heinous crimes, the City Council has agreed that the illegal drug problem needs to be addressed more effectively. To address this problem, a Barangay Anti-Drug Abuse Council is created to serve as a focal point through which various organizations and individuals work together cooperatively in the planning, implementation and evaluation of programs on drug prevention effectively and efciently Recognition that the holding of anti-drug seminars will help the citizens understand the ill effects of drugs and thereby lessen or discourage the users or would be users from continuously using the dangerous drugs A resolution to urge all SK Chairpersons and Kagawads of the City to allocate certain amounts from the General Fund of the SK for the holding of Anti-Drug Seminars and for the dissemination campaign of the same in their respective barangays

Res. No. 1274, S-1999

Res. No. 1302, S-1999

A Resolution Urging All SK Chairmen and Kagawads of the City of Pasay to Allocate Certain Amount from the General Fund of the Sangguniang Kabataan for the Holding of Anti-Drug Seminars and for the Dissemination Campaign of the Same in Their Respective Barangays

Res. No. 456, S-1992

A Resolution Requesting the Department of Social A recognition that minors, especially street children, become inWelfare and Development, Non-Government nocent preys of inhuman acts by paedophiles and coming victims of Organizations as Well as the Chairman of the various criminal acts perpetrated by adults, and notoriously engage Committee on Youth and Sports Development, in drug abuse to Coordinate for the Study of the Feasibility The City Councils request to the DSWD, Non-Government Orof Establishing a Shelter for Street Children in ganizations, and the Chairperson of the Committee on Youth and Pasay City Sports Developments, to coordinate for the feasibility study on the establishment of a shelter for street children in Pasay City

TOTAL (as of January 2003) Penal: 12 (Resolution No. 1348, S-1999 only reiterates the provisions under Ordinance No. 265, S-1994) Non-Penal: 6 (which includes Ordinance No. 2001, S-2001, also classied as a Penal Legislative Measure)

90

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

5. Quezon City Table 5.9. Penal ordinances affecting children, Quezon City
Resolution/ Ordinance No. SP-572; S-97 Title Quezon City Child and Youth Welfare Ordinance Prohibitions Or Restriction On Children Penalties

The following acts and activities of street children Same penalties provided under are prohibited: the Revised Penal Code and the (1) Loitering within the Quezon City (QC) Dangerous Drugs Act streets if child is below 12 years old Penal provisions are also included (2) Selling sampaguitas, cigarettes, newspapers, for parents or guardians found to and other products or commercial items in be grossly negligent in the perforthe QC streets mance of the duty imposed on (3) Begging, snifng rugby and other solvent prodthem by the ordinance ucts, pickpocketing, and doing other illegal The penalty of imprisonment is activities. [Sec. 7, in relation to Sec. 4(g)] also provided for any person found The Ordinance also provides for a procedure in guilty of coercing, forcing or intimimonitoring/reporting, apprehension, investigation, dating a street child or any other custody, and commitment of the children who are child to: found to commit the above acts. [Sec. 8, Art. III] (1) beg or use begging as a means of living; (2) act as middleman in drug-trafcking or drug pushing; or (3) conduct any illegal activities Minors are prohibited to: No penalties for minors. Penal(1) Play video machines found in amusement centies are imposed on the operator, owners, seller or distributor of the tres, malls and other similar establishments in video games QC during school hours from 8am to 5pm, Mondays to Fridays (2) Play video game machines and other similar equipment at the above-mentioned establishments during weekends if outside the time period of 8am to 8pm, and weekdays if beyond the time period of 5pm to 8pm (3) Play video games that are not rated as nonviolent games under the category of sports, adventure, racing, ight simulator and the like during the hours/days allowed in the Ordinance, if the minor is below fourteen (14) years old (4) Play violent and ultra-violent video games during the hours/days allowed in the Ordinance, if the minor is fteen (15) to eighteen (18) years of age Selling of cigarettes and liquor to minors is prohibited but the prohibition is imposed on the manufacturer, wholesaler or retailer. No prohibited acts imposed on the minor with respect to the purchase of cigarettes and liquor. Penalties are imposed only the manufacturer, wholesaler or retailer found to be selling cigarettes or liquor to minors.

SP 1722, S-2002

A Resolution Strictly Enforcing the Playing of video games, machines and other similar (Same penalty as that provided under Ordinance No. SP-572, S-97) Provisions of Ordinance No. SP-572, items/machines found in amusement centres, S-97, Regulating the Playing of Video malls and other similar establishments (ReiteraGames, Machines and Other Similar tion of Ordinance No. SP-572, S-97 provision on Items/Machines Found in Amusement playing of video games) Centres, Malls and Other Similar Establishments

Chapter 5 City and Barangay Ordinances and Resolutions

91

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 5.10. Non-penal ordinances affecting children, Quezon City


Resolution/ Ordinance No. SP-1026, S-2001 Title Relevant Provisions/ Resolution / Action Step

An Ordinance Creating the Quezon City Council Recognition of the need to create a local council for the protection of for the Protection of Children, Dening Its Funcchildren at the city level in accordance with the provisions of PD603 and tions and Membership,Technical Working Group, DILG Memorandum Circulars 94-14 and 96-139 and for Other Purposes Creation of the Quezon City Council for the Protection of Children (QCCPC) composed of: (1) City Mayor (2) City Vice Mayor (3) City Administrator (4) City SSDD Head (5) City Health Ofcer (6) Division of City Schools Head (7) Barangay Operations Center Ofcer (8) SK Federation President (9) ABC President (10) City Council Chairperson on Appropriations The QCCPC shall perform the following functions, among others: (1) Formulate city plans and action for children incorporating projects and programs needing assistance by the barangay and ensure its integration into the city development plans (2) Advocate for passage of relevant child and youth protection ordinances by drafting and submitting policy papers to city legislators (3) Advocate for increase support and resource allocation for childrens programs and projects. Quezon City Child and Youth Welfare Ordinance Creation of the QC Center for Child and Youth Development, its policy making body, the appropriation of funds for its establishment, and the conduct of programs, among which are: (1) periodic community dialogues; (2) Parent Education Congress; (3) scholarships Establishment of the Early Childhood Care and Development (ECCD) Program for the care of children ages 0-2 Implementation of the Primary Health Care Program through the Barangay Health Center Setting up of child-friendly units in QC hospitals Investment by the city government in the production of local literature or other relevant materials for children

SP-572;

S-97

92

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Resolution/ Ordinance No. SP-524, S-95

Title

Relevant Provisions/ Resolution / Action Step

A Resolution Adopting and Supporting the Provi- Adoption of the provisions of: sions of the United Declaration on the Rights of (1) the UN Declaration on the Rights of the Child, and the Child, the World Declaration on the Survival, (2) the World Declaration on the Survival, Protection and Development of Protection and Development of Children, and Children and the Rights of Girl-Child embodied at the Beijing Platform the Rights of Girl-Child Embodied at the Beijing of Action for Women. Platform of Action for Women and Urging the The City Council of QC shall urge the Legislative and Executive Branches of Legislative and Executive Branches of Governthe Government to enact laws and implement plans and programs related ment to Enact Laws and Implement Plans and to the above issues Programs Related to the Above Issues The City Council of QC shall urge the Senate and the House of Representatives: (1) to prioritise the passage of the bill on the Juvenile Justice System and (2) to enact stronger laws to prevent child prostitution and exploitation of children. The City Council of QC shall urge the Executive Branch of Government to implement plans and programs in support of the UN Convention on the Rights of the Child, and the World Declaration on the Survival, Protection and Development of Children and the Rights of Girl-Child embodied at the Beijing Platform of Action for Women a Resolution Approving the Quezon City Child and Recognition that the SK Federation is the prime youth organization in QC Youth Decade Sports Development Program that will spearhead the Child and Youth Decade Sports Program and Allocating the Amount of Two Million Five Recognition that sports and related activities have been a prime considHundred Thousand Pesos Under the Special eration in any governments developmental program, which aims to solicit Project of the Ofce of the City Mayor, for the active, real support, and participation of all, including children Implementation Thereof Acknowledging the value of the QC Child and Youth Decade Sports Development Program as it could: (1) provide the youth in every barangay with the technical knowledge necessary to administer the Sports and Physical Fitness Program; (2) serve as a means to propagate indigenous sports which complement the Filipino physique; (3) serve as a vehicle to produce and further develop young athletes for future local and international competitions; (4) conduct seminars and workshops that will train selected youths as future ofcers in the implementation of sports and physical projects and activities, as well as orient youth organizations ofcers and members with the basic technique in organizing and managing a sports group. Approval of the QC Child and Youth Decade Sports Development Program Appropriation of Php 2.5 million under the Special Project of the Ofce of the City Mayor, for the Implementation of the Program Coordination of the Citys Sports Development Ofce and Sports Development Council with the SK Federation for the smooth implementation of the Program Direct all departments/ofces/service units of the city government whose services are necessary for the implementation of the Program to extend assistance and cooperation, with the SK Federation as the lead implementing agency

SP-294,

S-94

Chapter 5 City and Barangay Ordinances and Resolutions

93

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Resolution/ Ordinance No. SP-215, S-94

Title An Ordinance Appropriating the Amount of One Million Pesos, or So Much Thereof as May be Necessary for the Implementation of Quezon City Child and Youth Decade Educational Development Program

Relevant Provisions/ Resolution / Action Step Direct all departments/agencies of the city government to extend assistance for the implementation of the QC Child and Youth Decade Educational Development Program with the recognition of the benets that could result from its implementation, namely: (1) harnessing civic-consciousness and awareness of the social condition among students, (2) providing basic knowledge among the youth, to be conscious of or recognize their vital role in the community, and in the countrys development (3) providing leadership training for the youth Appropriation of Php 1 million, or so much as may be necessary for the implementation of the Educational Development Program

SP-5,

S-92

Ordinance Establishing the Quezon City Hall Establishment within the City Hall Compound of a Day Care Center, the Yakap, a Day Care Center for Children Ages 3 Quezon City Hall Yakap for children ages three (3) to six (6) of City to 6 of Parents Employed in Quezon City Hall Government employees with the recognition of the need to free the parand Appropriating the Amount of Fifty Thousand ents-employees in the QC government from worrying about their small Pesos Therefor from Any Available Funds children and thus, to improve their level efciency Giving the administration of the Day Care Centre to the QC SSDD Directing the City Public Library to lend support to the day care centre in terms of instructional materials Appropriation of Php 50,000 for the Day Care Centre Ordinance Establishing the Quezon City Drug Establishment of the Quezon City Drug Treatment and Rehabilitation Treatment and Rehabilitation Center and ApCenter as a vital component of the QC Anti-Drug Abuse Program in view propriating the Amount of Nineteen Million of the extent of the drug problem in QC and the difculty encountered Seven Hundred Sixty Two Thousand Pesos for by the QC Anti-Drug Abuse Council to accommodate drug users who the Purpose surrendered for rehabilitation. The establishment of the Center is an afrmation of the moral and legal duty of the city government to promote youth development and the treatment and rehabilitation The provision of the administrative structure and project cost for the Center. Appropriation of Php 19.762 million for the Capital Outlay and Operational Expenses to be incurred in the construction and establishment of the Center Resolution Declaring 1990 to 2000 as Child and Declaration of 1990-2000 as Child and Youth Decade in Quezon City Youth Decade in Quezon City and Requesting in compliance with Presidential Proclamation No. 406 which directs all the City Mayor to Issue an Executive Order for sectors to come up with a 10-year Sports Development Program for the the Implementation Thereof Decade of Physical Fitness and Sports (1990-2000) Acknowledgment that the citys cooperation and support for such development program is needed for the program to be a vehicle for economic recovery where total youth development is promoted and implemented Directing the Kabataang Barangay Federation: (1) to spearhead the observance of the Child and Youth Program (2) to consult with the public or private sectors, particularly the youthoriented NGOs, in cooperation with the Youth and Sports Development and other committees of the City Council, for the formulation of a city-wide comprehensive and integrated Child and Youth Program for the period covered by the declaration

NC-146,

S-90

NC-296,

S-89

TOTAL (as of January 2003) Penal: 2 (Ordinance No. SP 1722, S-2002 only reiterates the provisions under Ordinance No. SP-572; S-97) Non-penal : 8 (Includes Ordinance No. SP-572; S-97, also classied as a Penal Legislative Measure)

94

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

BARANGAY ORDINANCES
1. Caloocan: Barangay 46, Zone 4, District II Table 5.11. Penal ordinances affecting children, Barangay 46, Zone 4, District II, Caloocan City
Resolution/ Ordinance No. Ord. No. 02 Title Acts Required/Prohibited Penalties

Curfew Hours for Minors, Minors, 18 years old and below, are strictly First offence - the parent/guardian be informed 18 Years Old and below of the violation. prohibited to, loiter or wander in streets or (English translation) outside their residential abode and public places Second offence the minor shall be brought from 11 p.m. to 5 a.m. the following morning. to the barangay hall together with their parent or guardian.The minor shall render community Exempted from the curfew hours are students service for one day. attending night classes, those working nighttime and minors in the company of parents or guard- Third offence the minor shall be brought to ians. the barangay hall together with his/her parents (English translation) or guardian, render one day community service and pay a ne of Php 200. (English translation)

Table 5.12. Non-penal ordinances affecting children, Barangay 46, Zone 4, District II, Caloocan City
Resolution/ Ordinance No. Res. No. 01 S-1997 Title Relevant Provisions/ Resolution / Action Step

In a Matter of Urgency and Considering the Prolif- The Sangguniang Kabataan Council of Barangay 46, Zone 4, District eration of Crime Wherein the Youth and Children II, City of Caloocan, resolves to approve the Resolution providing Are Mostly the Victims and Aggrieved Party. the curfew hour subject to the following conditions and exceptions: Sangguniang Kabataan of Barangay 46, Zone 4, Dis(a) for consultation to the residence of Barangay 46. trict II, City of Caloocan, Has Adopted a Resolution (b) for approval of Sangguniang Barangay of Barangay 46. Providing Curfew Hour for 18 Years and below. (c) Youth who are working at night and or have classes at the time of the effectivity of this ordinance are exempted. (d) Penalties 1. First offence 2. Second offence 3. Third offence Said resolution was adopted in recognition of every minors need: (e) to have protection against exploitation, improper inuences, hazards, and other conditions prejudicial to his physical, mental, emotional, social and moral development; (f) to be safeguarded as they are often times the target of evil and are prone to commit mistakes and risky decision; (g) to be properly guided by their parents especially at times when they are not in school; and (h) to full their goals and dreams, in order to give them a chance to contribute and share in the building of better society, and this can be done by keeping them away from evil and crime.

Chapter 5 City and Barangay Ordinances and Resolutions

95

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

2. Caloocan: Barangay 102, Zone 2, District II Table 5.13. Non-penal ordinances affecting children, Barangay 102, Zone 2,, District II, Caloocan City
Resolution/ Ordinance No. Res. No. 6 S-1998 Title A Resolution Organizing the Barangay Council for the Protection of Children (BCPC) by the Barangay Council pursuant to PD 603 and DILG Memoranda Circular 90-01 and 94-14 Relevant Provisions Affecting Children/resolution/action Step Creation of BCPC. It shall be subsumed under the appropriate existing committee at the Barangay Development an to ensure the implementation of the rights of a every child to live a society that offers or guarantees him safety, health, good morale development and facilities Pl for his wholesome development

3. Manila: Barangay Zone 74, District V, Paco Table 5.14. Penal ordinances affecting children, Barangay Zone 74, District V, Paco, Manila
Resolution/ Ordinance No. Res. No. 1 S-2002 Title Acts Required/prohibited Resolution/action Step

Resolution for the Implementation Observance of curfew hours from 10 Violators of this Ordinance shall be meted with in Zone 74, District V, Paco Manila p.m. to 5 a.m. for minors who are 17 the following penalties: of Curfew Hours from 10:00 P.M. to years old and below (a) First offence their names will be recorded 5:00 a.M. for Minors 17 Years Old Implementation in Zone 74, District in the barangay record or at the police and below. precinct in the vicinity; V, Paco, Manila of Curfew Hours from (b) Second offence they will be required to 10 p.m. to 5 a.m. for minors 17 years render community service in their respecold and below tive barangays; (c) Third offence -- they will be brought to the Juvenile Court in Arroceros Street, Manila for the nal judgment of the Court.

4. Manila: Zone 55, District IV Table 5.15. Non-penal ordinances affecting children, Zone 55, District IV, Manila
Resolution/ Ordinance No. Res. No. 01-2002 Title Relevant Provisions Affecting Children/resolution/action Step

Resolution Directing All Concerned In order to combat criminality and solve frat gang wars, that especially involve Barangay Ofcials of Zone 55 Disteenager boys and girls, ten (10) to eighteen (18) years of age, curfew must be impose trict IV, Manila to Take Necessary from 10 pm to 4 am Actions to Combat Criminality As mandated by the City Council Resolution No. 103, all barangay ofcials are directed Including the Imposing of Curfew to take necessary actions to combat criminality including the imposition of curfew in in Their Respective Areas their respective areas Punong Barangay are also mandated to maintain public order in their respective barangays, assist the City Mayor and Sanggunian members in the performance of the duties and functions to organize, and lead an emergency group whenever the same maybe necessary for the maintenance of peace and order. All the 14 chairpersons shall have to reorganise the Zone Task Force, an arm to maintain peace and order, drug problems and other forms of vices. The code also empowered the Sangguniang Barangay to enact ordinance as maybe necessary to discharge the responsibilities conferred upon it by law and to promote the general welfare of the inhabitants. Barangay ofcials of Zone 55 shall have to reorganise the Zone Task Force Ofcials and members to implement their sincere desire of their functions and obligations.

96

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

5. Manila: Barangay 67, Zone 6 District 1 Table 5.16. Penal ordinances affecting children, Barangay 67, Zone 6 District 1, Manila
Resolution/ Ordinance No. Res. No. 01810-97 Title Act Required / Prohibited Penalties Any person who violates this resolution will be punished. (a) First offence offender shall be brought to the Barangay Hall (b) Second offence parents/ guardian of the offender shall be informed (c) Third offence offender shall pay a ne of Php 200 (English Translation)

Resolution Requesting the Com- Prohibition of kite-ying in areas covered by mission of City of Manila Through Barangay 67, Zone 6 in order to protect the life Metro Manila Barangay Operation and property of the residents and to adequately Center and Manila Council to Ban respond to the complaints brought to the baranKite Flying within the Jurisdiction of gay, in order to prevent damage to the roof that Barangay 67, Zone 6. causes disagreements among residents. (English Translation) (English Translation)

6. Quezon City: Barangay Pinyahan Table 5.17. Penal ordinances affecting children, Barangay Pinyahan, Quezon City
Resolution/ Ordinance No. Ord. No. 4, S2002 Title Acts Required / Prohibited Penalties

An Ordinance providing for the im- Observation of curfew hours imposed on minors First offence the apprehending position of curfew hours to minors from 10 p.m. until 4 a.m. the following day. authority shall take custody of the providing penalties for violation Except for adults, it shall be unlawful for any offending minor at the barangay thereof and for other purposes hall, blotter the incident for record person to make display in public and cause dispurposes by the barangay tanod/ turbance on the peace of the other person the BSDO which shall in turn inform following acts: the parents or guardian of the (a) Drinking and dancing in public display without minor, that said minor was appreany reason to celebrate such as birthday party hended for violation of Barangay wedding celebration and the likes; Ordinance on curfew, said minor (b) Prolonged stay outside his or her residential shall be turned over to his/her abode; parents with stern warning not to (c) Leisurely walk on the streets of the barangay repeat same violation. without valid reason or purpose. Second offence the minor shall Exempted from this curfew hours are: be brought to the barangay hall (1) students attending night classes with proper for questioning and blotter. the ID but not beyond 12:00 midnight; minor shall be penalised with one (2) minors in the company of parents or guardday public service, without any ians and where minors upon verication came compensation by the barangay. from parties, graduation ceremonies, extra curricular activities in school where their Third offence the minor shall attendance is indispensable; and be temporarily detained at the (3) minors who cannot go home due to circumbarangay not more than six hours stances beyond their control; and and shall be turned over to the (4) those working night time. nearest police precinct for proper disciplinary action in accordance with existing laws, rules and regulation or ordinances of the city, like vagrancy, etc.

Chapter 5 City and Barangay Ordinances and Resolutions

97

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

7. Quezon City: Barangay Masambong Table 5.18. Penal ordinances affecting children, Barangay Masambong, Quezon City
Resolution/ Ordinance No. Ord. No. 6 S/1999 Title Acts Required / Prohibited Penalties

An Ordinance Banning the Use of The use of any kind of pellet guns / toy guns First offence confiscation of Pellet Guns/Toy Guns and/or Watusi particularly by children will be completely proPellet Gun/Toy Gun and/or Watusi Pyrotechnics within Barangay Mahibited within the barangay including the use of Pyrotechnics. sambong, San Francisco Del Monte, Watusi Pyrotechnics by children, the same being Second offence call the attention Quezon City, and the Imposition poisonous when taken internally by unsuspecting of the parent/guardian concerned of the Corresponding Penalties for children. and issue corresponding admoniViolation Thereof. Sale and/or dispensing of the above items for tion regarding further commission commercial purposes by persons other than the of the offence. children using the same will make the person Third offence imposition of selling them liable and his/her business permit whatever legal action, which may cancelled and any item mentioned in the precedbe commensurate to the involved ing section will be conscated. offence particularly when there is an aggrieved party.This penalty shall also be imposed on the person selling the items.

Table 5.19. Non-penal ordinances affecting children, Barangay Masambong, Quezon City
Resolution/ Ordinance No. Res. No. 07-99 Title Relevant Provisions Affecting Children / Resolution / Action Step

A Resolution Strongly Urging Parents Strongly urging parents of minors residing in this barangay, to control and/or regulate of Children and/or Minors below the movements of their children below 18 years of age, after 12 midnight and before 4 Eighteen Years of Age to Control a.m. the following morning. and/or Regulate the Movements On special and/or emergency situations, minors may be allowed by their parents to go of Their Children After 12:00 out of their residences after 12 midnight and before 4 a.m., provided that the parents Oclock Midnight and Before 4:00 concerned may give them written consent, specifying the reason why they are still out Oclock the Following Morning (as at such a time. Amended by Resolution No. 5/A The Barangay Anti-Drug Abuse Council (BADAC) will hold a series of public hearings, S-2002), Every Night, Unless on inviting all the parents concerned, and conduct an open-forum, thereby, enabling the Special and/or Emergency Cases Anti-Drug Abuse Council to impart to the parents, why they are rm in their conviction Where the Parents Are Strongly that full implementation of the Vagrancy Law will at least be a sort of deterrent to the Urged to Issue a Written Consent unnecessary and oftentimes source of trouble, roaming of minors. to the Minor Concerned, or Else the Full Force of the Vagrancy Law will be Imposed.

98

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

6 Prole Of Children In Conict With The Law


This chapter presents the results of the documentation of cases involving children in conict with the law. The project covers cases led between the years 2001 and 2002 in all family courts in respondent cities. The personal background of the child and the legal status of the case are presented in this chapter. When available, data collected from the cases were compared with the results of previous surveys and studies conducted. Proles of the 35 children interviewed for the case study were also incorporated in this chapter. Court records of 706 children were examined. In some instances, two or more children were charged in one court case since a criminal case may have more than one accused. Data is presented according to the number of children involved in all the court cases and not the actual cases led. Eighty per cent of the children covered by the cases were charged in Quezon City (40.1%) and Manila (39.9%; see Table 6.1.). For Caloocan (11%), CICL constitute only one-fourth of the children proceeded against in Quezon City and Manila. The remaining children were charged in Paraaque (6.2%) and Pasay (2.7%).
Table 6.1. Distribution of cases led in all family courts in respondent cities by city, 2001-2002 City
Quezon City Manila Caloocan Paraaque Pasay

Under the Rules of Court of the Philippines, criminal actions or cases are instituted and tried in the court of the territory where the oence was committed or any one of the essential ingredients thereof took place.357 Based on the abovementioned data, it may be concluded that the predominant number of children committed the oences in Quezon City and Manila since 80% of criminal cases against the children were led in the said cities. In the UP Law Center project (1981), 44.6 per cent of the 323 sampled cases involving CICL were led in Manila. The other half were distributed among the following cities: Pasay, 18.6 per cent; Valenzuela, 11.1 per cent; Quezon City, 10.8 per cent; Caloocan, 7.1 per cent; Makati, 4.6 per cent and Pasig, 3.1 per cent. Compared with this project, the proportion of cases led in Manila 20 years ago is consistent. However, there has been a marked increase in the number of children proceeded against in Quezon City. The number of CICL in both cities is almost equal. Compared with cases led against children 20 years ago, at the time of this study, there appears to be an overwhelming decrease in the number of cases in Pasay. Whereas before it was next to Manila in terms of number of cases led against children, it now has the least number of CICL among the cities covered by this project. The 706 cases were distributed among 19 family courts. There are seven family courts each in Quezon City and Manila; two each in Caloocan and Pasay; and one in Paraaque. Branch 38 in Manila handled the most (12.5%) number of CICL, followed by Branch 89 (10.6%) in Quezon City and Branch 29 (8.4%) in Manila (see Table 6.2).

No.
283 282 78 44 19

per cent
40.1 39.9 11.0 6.2 2.7

Total

706

100.0

Save the Children UK

99

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 6.2. Distribution of cases led in family courts in the cities covered by branch, 2001-2002 Family court branch
4 5 9 29 38 43 48 84 86 88 89 94 106 107 109 113 124 130 260

Personal Prole
SEX The children covered by the project were predominantly male (630 out of 706, or 89.2%; see Figure 6.1.). Of the 35 children interviewed for the case studies, 28 were male and 7 were female.
Figure 6.1. Percentage distribution of CICL by sex, 2001-2002
89.2
90 80 70 60 50 40 30 20 10 0

No.
15 30 16 59 88 39 36 39 33 39 75 7 53 37 8 11 42 36 43

per cent
2.1 4.2 2.3 8.4 12.5 5.5 5.1 5.5 4.7 5.5 10.6 1.0 7.5 5.2 1.1 1.6 5.9 5.1 6.1
%

10.8

Male

Female

Total

706

100.0

The least number of CICL were covered by Branch 94 (1%) in Quezon City and Branches 109 (1.1%) and 113 (1.6%) in Pasay City. Although there is only one family court in Paraaque City, Branch 260, it handled more CICL (6.1%) compared with both branches of the family courts in Pasay City (Branches 109 and 113).

The UP Law Center,358 PAYO359 and PNP360 data show the same trend. In the UP Law Center project (1981), which covered 323 cases, 86.46 per cent were male and 13.54 per cent were female. In the PAYO (1996) survey, which covered 232 children, 92 per cent were male and 8% were female. The PNP (2001) data that covered 5,905 cases showed that 83 per cent were male and 17 per cent were female. AGE AT THE TIME OF COMMISSION A majority (38.4%) of the children were 17 years of age at the time of the alleged commission of the oence (see Table 6.3.). This age group was followed by children who were 16 (26.8%), 15 (18%) and 14 (8.9%) years of age at the time of alleged commission. Only two children aged nine and ten were covered by the project. One le did not indicate the age of the child at the time of commission of the oence.

100

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 6.3. Distribution of cases by age, 2001-2002 Age


9 10 11 12 13 14 15 16 17 No Answer

No.
1 1 6 19 28 63 127 189 271 1

per cent
0.1 0.1 0.8 2.7 4.0 8.9 18.0 26.8 38.4 0.1

PLACE OF RESIDENCE Court records show that 87.5 per cent of children covered in the research resided in the respondent cities: Manila (37.8 per cent); Quezon City (29.5 per cent); Caloocan (12.7 per cent); Paraaque (4.2 per cent) and Pasay (3.3 per cent; see Figure 6.2. and Table 6.4.).
Figure 6.2. Top 5 Cities of Last Residence
37.8 29.5 12.7

Total

706

100.0

40 30

Of the 35 children interviewed for the case studies, 11 were 17 years old at the time of the alleged commission; ve were 16 years old; nine were 15 years old; and the rest were between the ages of 11 and 14 (three 14 years of age; two 13 years of age; one 12 years of age; and four 11 years of age). These records indicate that older children commit more oences compared with younger ones and the older the child, the higher the likelihood that he or she will commit an oence. The PAYO survey reveals that 52.6 per cent of the children detained were in the 15-17 age bracket and 6.9 per cent belonged to the 12-14-age bracket (0.4 per cent were 21 and above; 0.9 per cent did not indicate the age).361 The PNP (2001) data, revealed that 50 per cent of the children were between the age of 9 and 15, 47 per cent between 16 and 17; and 3 per cent below nine years of age.362

20 10 0
Manila Pasay

4.2 3.3 6.8 5.2

CITIES
Quezon City Others Caloocan Not Indicated Paraaque

The residence of more than six percent (6.8 per cent) of the children were spread throughout the following areas: Bulacan (1.1 per cent), Muntinlupa (0.1 per cent), Antipolo (0.7 per cent), Las Pias (0.4 per cent), Valenzuela (0.1 per cent), Dagupan (0.1 per cent), Malabon (0.1 per cent), Rizal (0.4 per cent), Cavite (0.4 per cent), Makati (0.1 per cent), Pasig (1.8 per cent), Olongapo (0.3 per cent), Naga (0.1 per cent) and Muntinlupa (0.3 per cent). Included in this list are children without permanent addresses (0.8 per cent). No addresses were indicated in 5.2 per cent of the childrens records.

Chapter 6 Prole of Children in Conict with the Law

101

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 6.4. Distribution of cases by place of residence Place of Residence


Manila Quezon City Caloocan Paraaque Pasay Pasig Bulacan Antipolo Las Pias Rizal Cavite Olongapo Dagupan Makati Malabon Muntinlupa Naga Valenzuela 20 No Permanent Address No Answer

No.
267 208 90 30 23 13 8 5 3 3 3 2 1 1 1 1 1 1 6 37

per cent
37.8 29.5 12.7 4.2 3.3 1.8 1.1 0.7 0.4 0.4 0.4 0.3 0.1 0.1 0.1 0.1 0.1 0.1 0.8 5.2

Of the 35 children interviewed for the case studies, 25 resided in respondent cities: six each in Caloocan and Manila; ve in Paraaque; and four in Pasay. The remaining ten resided in Marikina, Rizal, Bicol, Bicutan, Malabon, Marinduque, Mandaluyong, Valenzuela and Taguig. Relating this information to the place of commission of the oence, above-mentioned data show that the cities chosen as respondents in this project also serve as the cities of residence of the children. When asked about the high incidence of oences committed by children in their respective areas, some ocials explain that the children arrested in their cities reside in another area or city. The ranking with respect to the place of residence follows the ranking of cities with respect to the place of commission, except that for both the court records and case studies, the number of children that reside in Manila is slightly higher than those residing in Quezon City.

Total

706

100.0

Figure 6.3. Educational Attainment No Education at All

20

19

20.4 17.5

Grade 1 Grade 2 Grade 3

15

Grade 4

%
10

10.4

Grade 5

9 6.6 7.1

Grade 6 1st Year High School 2nd Year High School 3rd Year High School 4th Year High School

3.3 0.9 1.4

4.3

102

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

EDUCATIONAL ATTAINMENT Of the 706 children, court records only indicate the educational attainment of 211 children. Of these 211 children, more than half (51.7 per cent) either nished or were currently enrolled in high school. The highest percentages, however, were found in rst year high school (20.5 per cent), Grade six (19.0 per cent) and second year (17.5 per cent; see Figure 6.3 and Table 6.5). Meanwhile, the rest either nished or were currently enrolled in elementary (47.4%) while very few had no education at all (0.9%).
Table 6.5. Distribution of cases who indicated their education by educational attainment Educational attainment
No education Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Grade 6 First year high school Second year high school Third year high school Fourth year high school

reached fourth year high school.366 In the PAYO (1996) survey, which covered 232 children, 52 per cent had reached the elementary level, 41 per cent high school level, 0.4 per cent college level and 6 per cent did not indicate their educational attainment.367 The present project shows that there is a slight increase in the number of children that reached the secondary level compared with previous studies. FAMILY BACKGROUND Only 13 per cent (95 children) of the 706 cases have court records indicating family background, specically the status of the relationship of the parents (see Table 6.6).
Table 6.6. Distribution of cases with records regarding family background by status of parents relationship Status of parents relationship
1 Married & Living Together 2 Married But Separated 3 Married But Both Deceased 4 Married Mother Deceased 5 Married Father Deceased 6 Not Married But Living Together 7 Not Married & Not Living Together

No.
2 3 7 9 22 19 40 43 37 14 15

per cent
0.9 1.4 3.3 4.3 10.4 9.0 19.0 20.5 17.5 6.6 7.1

No.
45 28 3 2 9 3 5

per cent
47.4 29.5 0.4 0.3 1.3 0.4 0.7

Total

211

100.0

Total

95

100.0

Of the 35 children interviewed for the case studies, 19 reached high school level363 and 14 reached elementary level.364 One child said that he did not go to school while another one did not provide an answer.365 The UP Law Center project, showed that only 30 per cent of the respondents reached the intermediate level; 27 per cent had at least two years or less of high school; 24 per cent were of primary school level and 7 per cent

Almost half of these children (47.4 per cent) have parents who are married and still living together, while almost one-third (29.5 per cent) have parents who were married but were already separated (see Figure 6.4 and Table 6.6).

Chapter 6 Prole of Children in Conict with the Law

103

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Figure 6.4. Family Background Married and living together Married but separated
29.5

Figure 6.5. Parental Custody


43.6

50 45 40 35 30 % 25 20 15 10 5 0

47.2

45 40 35 30 % 25 20 15 10 5 0

Living with both parents Mother only Father only

Married but both deceased Married mother deceased Married father deceased
9.5 3.2 2.1
5.3 3.2

19.41 14.56 6.7 6.7 4.85

Mother and stepfather/common-law husband Fatther and stepmother/common-law wife With relatives With non-relatives

5.3

Not married but living together Not married and not living together

3.88

Of the 35 children interviewed for the case studies, 18 had parents who are still living together and 16 with parents who are no longer living together. Meanwhile, one interviewee did not give an answer. The PAYO revealed the same nding that majority of CICL had parents who are married and still living together. In the PAYO survey, 40.5 per cent of the children had parents who were married and still living together and 31.9 per cent had married parents but separated.368 PARENTAL CUSTODY Court records of 103 out of 706 children indicated the person with whom the child was staying or living with before their arrest. Of the 103 children, the most number of children (43.6 per cent) were living with both parents, while a signicant proportion (19.41 per cent) lived with their mother only (see Figure 6.5). Only 14.6 per cent lived with other relatives (ie, grandparents, aunt, uncle, brother, sister) prior to arrest.

The UP Law Center project shows that the majority of the children covered (73.8 per cent) resided with their parents and family.369 The nding that majority of the children still lived with their parents who are married and still living together is also conrmed by the earlier study of PAYO. The PAYO survey, reveals that 22.4 per cent lived with both parents; 20.7 per cent lived with the mother only; 17.7 per cent lived with other relatives; 12.9 per cent lived with friends and 9.4 per cent lived in the streets.370 With respect to the 35 children interviewed for the case study, 12 were living with both of their parents; two were living with their father only and three, with their mother only. Almost half (16 out of 35) of the children were no longer living with their parents. Two of those interviewed did not provide an answer. Of the 16 children no longer living with their parents, seven were either living with their friends, gang mates or work mates; six were living with relatives; one with a common law wife and one with the adoptive mother. One child did not give any answer.

104

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

OCCUPATION OF PARENTS AND GUARDIANS Only 65 (9 per cent) of the 706 children had records indicating the occupation of their mothers and only 56 (8 per cent) indicating the occupation of their fathers. The number of children (23 out of 65) had mothers who are not employed and who stay at home most of the time (see Table 6.7). Some work as vendors (14 out of 65) and laundry women (11 out of 65). The rest of the mothers were employed as helpers, midwives, sales representatives, overseas Filipino workers, sewers/factory workers, food servers and receptionist. One is engaged in business.
Table 6.7. Distribution of cases by mothers occupation Occupation of mother
Not employed Vendor Laundry woman Housekeeper/Housemaid Midwife Sewer/Factory worker Overseas Filipino worker Sales representative Has own business Receptionist Food server

Table 6.8. Distribution of cases by fathers occupation Occupation of father


Construction-related work/ Construction worker (carpenter, contractor, painter, foreman) Driver Vendor Engaged In Business None/Unemployed Labourer Government employee (Trafc enforcer, Metro Aid, soldier) Farmer Caller Others Mechanic/ Technician/Electrician

No.
13 10 9 4 4 3 3 2 2 5 1

Total No.
23 14 11 5 3 2 2 2 1 1 1

56

Based on available records, three of the children indicated that their male guardians work as technician/ electrician (2) and security guard (1) while two of the childrens female guardians just stayed at home. Of the 35 children interviewed for the case studies, 17 said that their mothers were working. Of the 17, ten were vendors; three were seamstresses and others worked as a supervisor, photographer, laundry woman and a garbage scavenger. With respect to the work of the father, 28 said that their fathers were working: eight work as a driver of a car, tricycle371 or pedicab;372 seven worked in construction, as foreman, construction worker, carpenter and painter; three worked as vendors; three worked in oces, as columnist, barangay personnel and marketing agent and the rest worked as seaman, reman, butcher, mechanic, stevedore and conductor. One child said that he does not know the occupation of his father. Based on the type of work that majority of the childrens parents engage in, which is mostly labour and service-oriented, it may be concluded that the economic background of their family fall under the low income level.

Total

65

The most number among the children (13 out of 56) had fathers who work as construction workers or are engaged in construction-related work (see Table 6.8). Many among them are also drivers (10 out of 56) and vendors (9 out of 56).

Chapter 6 Prole of Children in Conict with the Law

105

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

WORK OF CHILDREN Based on court records, 121 out of 706 children indicated that they were working before they were arrested. Of those working, more than half of the children worked as vendors (57.9 per cent). Several were working as helpers (13.2 per cent); pedicab/tricycle drivers (12.4 per cent); bet collectors (5.9 per cent); scavengers (4.1 per cent); tire man (2.5 per cent). The rest (4 per cent) worked as construction workers; assistant to drivers; delivery boy; caretaker; and janitor (see Figure 6.6 and Table 6.9).
Figure 6.6. Work of a child
Pedicab/Tricycle Driver
60 50 40 % 30 20 10 0

Table 6.9. Distribution of working children by occupation Occupation


Vendor Helper Pedicab/ Tricycle Driver Bet Collector Scavenger Tireman Others

No.
70 16 15 7 5 3 5

per cent
57.9 13.2 12.4 5.9 4.1 2.5 4.0

Total

121

100.0

57.9

Construction Worker Helper Pahinante/Assistant to the Driver Vendor Scavenger Delivery Boy

The fact that there are children in conict with the law already working, some in order to assist their parents, conrms the earlier nding that the economic background of the children belong to the low income level. This background may have contributed to the childrens decision to enter the workforce. CIVIL STATUS Although children are not legally allowed to enter into a marriage contract in the Philippines, court records show that ten children out of 706 were living with someone else or married (see Table 6.10.). Records do not indicate whether marriage was indeed solemnized or the children were merely living together as common law husband and wife.
Table 6.10. Distribution of cases by the childs being married or living with a partner Marital status
Yes No

12.4 13.2 0.8 0.8 4.1 5.9 0.8 0.8 0.8 2.5

Bet Collector Caretaker Janitor Tireman

Of the 35 children interviewed for the case studies, 19 (54.2 per cent) said that they were working before they were arrested; 14 said that they were not working; one said that he did occasional work; and one interviewee did not indicate an answer. Of the 19 children who worked, four worked as vendors; four worked as drivers, tricycle or pedicab; three assisted their parents; two worked as waiter/waitress; and the rest worked as a helper, driller, dishwasher, conductor, delivery boy and a guard.

No.
10 696

per cent
1.4 98.6

Total

706

100.0

106

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

The UP Law Center project also showed that 96.31 per cent of the children were single; 21.5 per cent were married and 1.54 per cent had no record as to their civil status.373 The present project conrms previous study conducted that only a small percentage of the children in conict with the law are married or living with someone as a common law wife or husband. GANG MEMBERSHIP Of the 706 children, court records indicated that 17 were members of gangs (see Table 6.11). Membership in gangs is not usually recorded in the childrens les unless it is a factor in the commission of the oence, ie, the oence was committed by gang members or an identied group.
Table 6.11. Distribution of cases by membership in gangs Gang membership
Gang member Not a gang member No Answer

Table 6.12. Distribution of gang members by gang Gang


Sputnik Batang City Jail Bahala Na West East Fraternity Sigue-Sigue Rugby Boys Yao No response

No.
5 4 3 1 1 1 1 1

Total

17

Of the 35 children interviewed for the case study, nine revealed that they are members of a gang and 23 said that they do not belong to a gang. Three interviews did not indicate an answer. SUMMARY OF THE PERSONAL PROFILE Children in conict with the law are usually male, aged 17 years at the time of commission. They reside in the city, most probably in Manila or Quezon City. The children either nished or are currently enrolled in Grade 6, 1st year or 2nd year high school. The children are living with their parents who are still alive and living together as husband and wife. The parents work in the labour sector, mostly within the service industry and with low wages. There are children who are working before their arrest and majority work as vendors. Only a small number of children are living with a partner and are members of a gang.

No.
17 452 238

per cent
2.3 64.0 33.7

Total

706

100.0

Of the 17 children, 16 identied the following gangs as the group to which they belong: Sputnik (5); Batang City Jail (4); Bahala Na (3); West East Fraternity (1); Sigue Sigue (1); Rugby Boys (1); and Yao (1); (see Table 6.12).

Legal Prole
CASE STUDY Of the 706 children, only 11.6 per cent had case studies at the time the research was conducted. In 84 per cent of the children, no case studies were attached in the records and in 4.4 per cent, there was no indication as
Chapter 6 Prole of Children in Conict with the Law

107

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

to whether there was a case study or not (see Figure 6.7 and Table 6.13). The lack of case studies of children may be explained by the fact that some of the cases had just been led at the time the research was conducted. Also, there were few judges who refused to have the case study of the child examined.
Figure 6.7. Children with case studies in their records

robbery, 44.9 per cent; theft, 47.4 per cent; qualied theft, 2.1 per cent; malicious mischief, 2.1 per cent; and estafa, 1.7 per cent (see Figure 6.8 and Table 6.14).
Figure 6.8. Crimes charges against children
40 30 37.9 15.2 13.6 12.8 12.8 4.4 1.2 1.1 0.8 0.1 0.1 0.1

%
84
100 80

20 10 0

60 40 20 0

11.6

4.4

Property Special Laws Security Public Ofcer

Persons Drug-related Offences Public Order Public Moral

Ordinance Sex-related Offences Quasi-Offences Public Interest

Yes

No

Not Indicated

However, the overwhelming lack of case studies contribute to the incomplete data collected on children, which makes it dicult to make a comprehensive prole of children especially if it is to be based solely on court records.
Table 6.13. Distribution of cases by whether or not they have case studies in their records Category
With case study Without case study Not Indicated

It is followed by crimes against persons (15.2 per cent); violation of ordinances (13.6 per cent); special laws (12.8 per cent); and drug-related oences (12.8 per cent). The rest involved sex-related oences (4.4 per cent); crimes against security (1.2 per cent); crimes against public order (1.1 per cent); quasi-oences (0.8 per cent); crimes committed against public ocers (0.1 per cent); crimes against public morals (0.1 per cent); and crimes against public interest (0.1 per cent). With respect to crimes against persons, homicide (40.9 per cent), physical injuries (31.3 per cent), and murder (26.1 per cent) were the most common charge against the children. For violation of ordinances, 61.2 per cent of the charges involved peddling. Most common special laws violated include unlawful possession of explosives and rearms (35.1 per cent); gambling (27.8 per cent) and possession of deadly weapon (17.5 per cent). Drug-related oences include use of rugby, which is a violation of a presidential decree, and possession and/or use of drugs, which is a violation of a Republic Act amended in 2002.374 In sex-related oences, children were often charged with the crime of rape (63.6 per cent) and acts of lasciviousness (24.2 per cent).

No.
82 593 31

per cent
11.6 84.0 4.4

Total

706

100.0

CRIMES CHARGED Although there were only 706 children, the total number of criminal cases tabulated reached 758. Some of the children had two or more criminal charges led against them. Court records showed that an overwhelming number (37.9 per cent) of the criminal charges against the children involved crimes against property, specically:
108

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 6.14. Distribution of cases by type of crime Type of Crime


Against Property - Theft/Snatching/Shoplifting - Robbery - Qualied Theft - Malicious Mischief/Vandalism - Estafa Subtotal Against Persons - Homicide [Attempted/Frustrated] - Physical Injuries [Serious/Less Serious/Slight] - Murder [Attempted/Frustrated] - Maltreatment - Tumultuous Affray Subtotal Ordinance - Peddling - Breach of Peace [Violation of Section 844, RO] - Resisting Arrest [Violation of Section 887, RO] - No Permit [Section 1119 Revised Ordinance] - Drinking Along Sidewalk - Anti-Tattoo - Loitering - Unlawful Operation of Pedicab [Violation of Section 7735] Subtotal Special Laws - Unlawful Possession Of Firearms/Explosives [PD 1866 as Amended] - Gambling [PD 603] - Possession of Deadly Weapon - Deadly Arrow [RA 3553] - Anti-Carnapping Act [RA 6539] - Anti-Hazing Law [RA 8049] - Driving Without License [RA 4136] - Obstruction of Justice [PD 1829] Others Subtotal 34 27 17 4 4 2 2 2 5 97 (12.8%) 35.1 27.8 17.5 4.1 4.1 2.1 2.1 2.1 5.0 100.0 47 36 30 1 1 115 (15.2%) 16 63 8 8 3 2 1 1 1 103 (13.6%) 40.9 31.3 26.1 0.9 0.9 100.0 15.5 61.2 7.8 7.8 2.9 1.9 1.0 1.0 1.0 100.0 136 129 6 6 5 287 (37.9%) 47.4 44.9 2.1 2.1 1.7 100.0

No.

Type of Crime
Drug-Related Offences - Rugby [PD 1619] - Possessions of Drugs/Drug Use [RA 9165] Subtotal Sex-Related Offence - Rape - Acts of Lasciviousness [Article 366] - Child Abuse [RA 7610] - Consented Abduction Subtotal Against Security - Grave Threats - Trespassing - Unjust Vexation Subtotal Against Public Order - Alarms & Scandals/Disturbance Of Peace/Public Disorders - Direct Assault - Resistance & Disobedience to an Agent of a Person in Authority Subtotal Quasi-Offences - Reckless Imprudence Subtotal Committed By Public Ofcers - Extortion (Bribery) Subtotal Against Public Moral - Selling & Exhibiting Pornographic Materials Subtotal Against Public Interest - Perjury Subtotal

No.
17 38 42 97 (12.8%) 21 8 2 2 33 (4.4%) 4 3 2 9 (1.2%)

%
17.5 39.2 43.3 100.0

6 1 1 8 (1.1%) 6 6 (0.8) 1 1 (0.1%)

1 1 (0.1%) 1 1 (0.1%)

Total

758

100%

Chapter 6 Prole of Children in Conict with the Law

109

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Of the 35 children interviewed for the case study, 21 (60 per cent) were charged with commission of crimes against property, particularly theft and robbery. Five were accused of a sex-related oence, particularly rape; four were charged with drug-related oences; two were charged with murder; one with possession of a deadly weapon; and one kidnapping. One interviewee did not indicate an answer. With respect to female children, the most common violations they were charged with after crimes against property (28 out of 67) were drug-related oences (23 out of 67) and violations of ordinances (10 out of 67; see Figure 6.9 and Table 6.15). There were only few cases of gambling, crimes against persons, and sex-related oences. Compared with the general prole of the children, it appears that female children in conict with the law are seldom charged with crimes against persons and violations of special laws, which include unlawful possession of explosives and rearms, gambling and possession of deadly weapon.
Figure 6.9. Charges led against female children
45 40 35 30 25 % 20 15 10 5 0 41.8 34.3

Table 6.15. Distribution of female children by type of crime Type of crimes


Property Drug-Related Ordinance Gambling Persons Sex-related

No.
28 23 10 3 2 1

Total

67

Of the 706 children, there were only eight children with case records that indicate a commission of a previous oence, four children previously committed malicious mischief or vandalism; three cases, alarms and scandal and disturbance of the peace; and one case of unlawful operation of a pedicab. Comparing this information with previous data collected, the UP Law Center 375 project, which covered 323 cases also showed that most of the oences committed were against property (46.1 per cent), followed by violation of ordinances (20.4 per cent) and crimes against public morals (10.2 per cent). The Camp Sampaguita and Correctional Institute for Women survey (1993) wherein 51 children were interviewed also showed that crimes against property (43.14 per cent) were the most often committed by the children detained there. However, this was followed by crimes against persons (31.37 per cent) and violations of special laws (11.76 per cent).376 This was conrmed by the PAYO survey, which also indicated that the crimes against persons (21.1 per cent) and violations of special laws (19.3 per cent) were the most common charges against the children.377 Based on the information led, the children were detained, both during trial and after the case has already been decided, for violations of crimes against properties, persons and special laws. This is explained by the fact, as shown by the present project, that these were the most common charges led against children.

Property Drug-related Ordinance


14.9 4.5 3

Gambling Persons
1.5

Sex-related

110

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

TYPE OF DRUGS Of the 97 cases of drug-related oences, 94 indicated the type of drugs used (see Figure 6.10 and Table 6.16). Half (51.1 per cent) of the children charged involved the drug shabu378; 40.4 per cent rugby; and a small percentage (8.5 per cent) involved marijuana. In these oences, the children were charged with use, possession or sale of said drugs.
Figure 6.10. Type of drugs
51.1
60 50 40

(1.2 per cent); toiletries (0.9 per cent); street signs (0.47 per cent); lights (0.47 per cent); and CDs and cassette tapes (0.23 per cent).

Figure 6.11. Items Stolen

20

14.6 12.7

% 10
0

11.3 11.3 11

8.9

5.6 4.5 4.5 3.8

2.8 2.6 2.6 1.2 0.9 0.7 0.47 0.47 0.2

40.4

% 30
20 10 0

8.5

Cell Phone Wallet Grocery Items Important Documents Car/Vehicle Parts CD/Cassette Tape Battery

Shabu

Toluene (Rugby)

Marijuana

Clothes/Shoes Jewelry Gadgets/Electronic Accessories Scrap Metals Animals Lights

Bag Accessories Tools Appliances Toiletries/Cosmetics Street Signs

Table 6.16. Distribution of children with drug-related offences by type of drugs commonly used Type of drugs
1 Shabu 2 Toluene (rugby) 3 Marijuana

No.
48 38 8

per cent
51.1 40.4 8.5

Table 6.17. Types of items stolen Item stolen


Cell phone Clothes/ Shoes Bag Wallet Jewelry Accessories Grocery items Gadgets/ Electronic accessories Tools Important documents Scrap metals Appliances Car/ Vehicle parts Others

No.
62 54 48 48 47 38 24 19 19 16 12 11 11 21

per cent
14.6 12.7 11.3 11.3 11 8.9 5.6 4.5 4.5 3.8 2.8 2.6 2.6 4.9

Total

94

100.0

ITEMS ALLEGEDLY STOLEN Of the 426 items stolen, the most common item was the cell phone (14.6 per cent) followed by clothes and shoes (12.7 per cent); wallets (11.3 per cent); bags (11.3 per cent); jewelry (11 per cent); and accessories (8.9 per cent; see Figure 6.11 and Table 6.17). Other items stolen include the following: grocery items (5.6 per cent); tools (4.5 per cent); gadgets and electronic accessories (4.5 per cent); important documents (3.8 per cent); scrap metal (2.8 per cent); appliances (2.6 per cent); car and vehicle parts (2.6 per cent); animals

Total

426

100.0

Chapter 6 Prole of Children in Conict with the Law

111

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

TYPES OF WEAPONS In 55 cases of possession of weapons, 51 indicated the specic weapon used. More than one third (18 out of 51) have fan knives, followed by guns and ammunitions (16 out of 51) and sumpak (homemade gun; 11 out of 51). Other weapons owned were pill box (homemade bomb), ice pick, and arrowheads and slings (See Figure 6.12 and Table 6.18).
Figure 6.12. Deadly Weapon
35.3

Table 6.19. Distribution of cases of crimes against persons where the complainant is a child Category
Complainant is a child Complainant is not a child Not Indicated

No.
34 250 422

per cent
4.8 35.4 59.8

Total

706

100.0

Of the 32 sex-related oences, 29 had complainants who were children, which represent 90.6 per cent of the total number of complainants in sex-related oences (see Table 6.20).
Table 6.20. Distribution of cases involving sex offences where the complainant is a child Category
Complainant is a child Complainant is not a child Not Indicated

40 35 30 25 % 20 15 10 5 0

31.4

Sumpak Fan Knife Ice Pick Arrow Head/Sling


7.8

No.
29 240 437

per cent
4.1 34.0 61.9

21.5

Guns/Ammo Pillbox

Total

706

100.0

TYPE OF WEAPON

AREAS OF COMMISSION Out of 706 children, 705 had case records that indicate the specic area of commission of the oence (see Table 6.21). As stated before, 80 per cent of the children covered by the cases were charged in Quezon City (40.1 per cent) and Manila (39.9 per cent). For Caloocan (11 per cent), the children involved were only one fourth (1/4) compared with the children charged in Quezon City and Manila. The remaining children were charged in Paraaque (6.2 per cent) and Pasay (2.7 per cent).

Table 6.18. Distribution of cases of children with weapons by type of weapon Type of weapon
Fan knife Guns/ Ammunition Sumpak Pillbox Ice Pick Arrowhead/ Sling

No.
18 16 11 4 1 1

Total

51

COMPLAINANTS Of the 115 cases involving crimes against persons, records show that in 34 cases, the complainants were also children, representing 30 per cent of the total number of complainants in these cases (see Table 6.19).

112

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 6.21. Distribution of cases by city and area City/Area Manila


Sta. Mesa San Miguel Tondo Intramuros Quiapo Sta. Cruz Malate Ermita Paco Sampaloc Pandacan Tayuman Binondo San Andres Sta. Ana Port Area Muntinlupa Taguig Indang, Cavite Avenida Dapitan 7 2 76 4 25 43 19 17 7 21 9 1 24 8 10 2 1 2 1 5 1 2.5 0.7 26.7 1.4 8.8 15.1 6.7 6.0 2.5 7.4 3.2 0.4 8.4 2.8 3.5 0.7 0.4 0.7 0.4 1.8 0.4

No.

per cent

City/Area
Greater Lagro Balintawak Payatas Novaliches Mariana Frrisco Brgy. South Triangle Brgy. Immaculate Concepcion Project 7 Tatalon Brgy. Sta. Cruz Brgy. Culiat Brgy. Bago-Bantay Brgy. Sta. Teresita Brgy. Bagong Silangan Pag-Asa Pasong-Tamo Brgy. Paraiso Project 8 Roxas Distrtict Commonwealth Diliman

No.
13 16 8 33 2 2 3 2 4 16 7 0 2 1 0 1 5 2 13 3 5 5

per cent
4.3 5.3 2.6 10.9 0.7 0.7 1 0.7 1.3 5.3 2.3 0 0.7 0.3 0 0.3 1.6 0.7 4.3 1 1.6 1.6

Total Quezon City


Brgy. Holy Spirit Brgy. Kaligayahan Brgy. Maharlika Brgy. Pinyahan Philcoa La Loma Cubao Project 2 San Jose Brgy. Baesa Brgy. Bungad Pansol Talipapa Minadanao Avenue Tandang Sora Krus Na Ligas Batasan Hills Project 4

285
16 2 3 6 4 2 76 10 2 11 2 1 3 3 3 4 8 5

100.0
5.3 0.7 1 2 1.3 0.7 25 3.3 0.7 3.6 0.7 0.3 1 1 1 1 2.6 1.6

Total Caloocan
Bagong Barrio Tala Monumento Grace Park Maypajo Soldier Hills Dagohoy Libis Dagat-Dagatan Sangandaan Bagbaguin Rizal Avenue Camarin Bunkers Ville Bagong Silang Bmc Kaybiga Kabulusan

304
5 5 6 12 3 1 2 1 7 1 1 1 4 1 10 1 2 1

100
6.8 6.8 8.2 16.4 4.1 1.4 2.7 1.4 9.6 1.4 1.4 1.4 5.5 1.4 13.7 1.4 2.7 1.4

Chapter 6 Prole of Children in Conict with the Law

113

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 6.21. (Continuation) City/Area


P. Zamora Dela Costa Samson Road Daang-Bakal Torsillo

No.
2 1 1 2 3

per cent
2.7 1.4 1.4 2.7 4.1

Total Paraaque
Daughters Tambo Kabihasnan Sucat Baclaran BfF Homes Better Living Sitio Fatima San Isidro Sun Valley San Antonio Evacom

73
3 1 3 6 5 2 3 2 1 1 1 2

100
10 3.3 10 20 16.7 6.7 10 6.7 3.3 3.3 3.3 6.7

(5.3 per cent); Tatalon (5.3 per cent); Project 8 (4.3 per cent) and Greater Lagro (4.3 per cent) were the top ve areas. In Caloocan, the areas were in: Grace Park (16.4 per cent); Bagong Silang (13.7 per cent); DagatDagatan (9.6 per cent); Monumento (8.2 per cent); and Bagong Barrio (6.8 per cent) and Tala (6.8 per cent). For Paraaque, oences were often committed in Baclaran (16.7 per cent); Daughters (10 per cent); BF Homes (6.7 per cent); Better Living (6.7 per cent); and Evacom (6.7 per cent). In Pasay, Malibay (28.6 per cent), Dolores Street (14.3 per cent) and Rotonda (14.3 per cent) were the most common areas. The percentages in each specic area presented were based on the total number of incidence committed in the city where it is located. In the UP Law Center project,379 Tondo, Quiapo and Ermita were found to be the place where crimes were often committed in Manila. Showing the same result as the present project, Cubao was the place where the occurrence of crime was most likely in Quezon City; in Pasay, it is in Malibay and Libertad. In Caloocan, 1st to 12th Avenues were shown to be the place where crimes were most likely to be committed. PLACES OF COMMISSION Based on court records, more than half of the children (58.9 per cent) allegedly committed the oence in the streets; 22 per cent in the house of other people or buildings; 14.7 per cent in stores, malls or markets; 2.4 per cent inside their own houses; 1.8 per cent in jeeps and 0.1 per cent did not indicate the specic place of commission (see Figure 6.13 and Table 6.22).

Total Pasay
Malibay EDSA Tramo Balagtas Dolores Street Villamor Airbase Merville Rotonda Makati City

30
4 1 1 1 2 1 1 2 1

100
28.6 7.1 7.1 7.1 14.3 7.1 7.1 14.3 7.1

Total

14

100.0

In Manila, the top ve areas where the oence took place were: Tondo (26.7 per cent); Sta. Cruz (15.1 per cent); Quiapo (8.8 per cent); Binondo (8.4 per cent); and Sampaloc (7.4 per cent). In Quezon City, Cubao (25 per cent); Novaliches (10.9 per cent); Balintawak

114

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Figure 6.13. Place where crime was committed


58.9 60 40 % 20 0 22

14.7 2.4 1.8 0.1

Street Store/Mall/Market Jeep

Others House/Building Own Residence Not Indicated

Of the children with co-accused, 26 had court records that indicated the blood relationship of the child with the co-accused (see Figure 6.15 and Table 6.23). More than one-third (34.6 per cent) of the children were charged together with their brother; 30.8 per cent with their cousin; 11.5 per cent with their father; 11.5 per cent with their mother; 7.7 per cent with their sister; and 3.8 per cent of the children were charged with their entire family.

Figure 6.15. Relationship of co-accused to the child Table 6.22. Distribution of cases by place where crime was commited Place where crime was committed
Street Others House/ Building Store/Mall/Market Own Residence Jeep Not Indicated

No.
416 155 104 17 13 1

per cent
58.9 22.0 14.7 2.4 1.8 0.1
%

34.6 35 30 25 20 15 10 5 0

30.8

Father Brother Cousin Mother


7.7 3.8

11.5

11.5

Sister Entire Family

Total

706

100.0

CO-ACCUSED Of the 706 children charged, 290 or 41% had a co-accused. In 92 per cent of the 290 children, the coaccused were also children, 6 per cent both adults and children and 2 per cent adults only (see Figure 6.14).
Figure 6.14. CICL with co-accused
58.9 60 40 % 20 0 22

Table 6.23. Distribution of cases with co-accused by the relationship of the co-accused with the child Co-accuseds relationship with the child
Brother Cousin Father Mother Sister Entire family

No.
9 8 3 3 2 1

per cent
34.6 30.8 11.5 11.5 7.7 3.8

Total

26

100.0

14.7 2.4 1.8 0.1

Street Store/Mall/Market Jeep

Others House/Building Own Residence Not Indicated

The UP Law Center (1981) project380 revealed similar results: 51.08 per cent of the children committed their oences alone; 24 per cent did it with other children. A small portion (9.5 per cent) had adult companions while 7.69 per cent had both children and adult coaccused.

Chapter 6 Prole of Children in Conict with the Law

115

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

ARRESTING OFFICERS Out of 706 children, 689 had court records that indicated the person who arrested them. Majority of the children (64.2 per cent) were arrested by police ocers, followed by the barangay tanods (18.7 per cent; see Figure 6.16 and Table 6.24). The rest were arrested by civilian security guards (6.1 per cent); the victims themselves (4.4 per cent); witnesses (3.5 per cent); store representatives (1.3 per cent); relatives of the victim (0.9 per cent); voluntary surrender by children (0.3 per cent); and the relative of the oender (0.1 per cent).
Figure 6.16. Arresting ofcers

Of the 35 children interviewed for the case studies, 18 were arrested by police ocers; 11 by barangay tanods or chairpersons; two by private citizens; one by a security guard; one by the parents of the child; and one child voluntarily surrendered. One interviewee did not indicate the person that made the arrest. STATUS OF THE CASE At the time the research was conducted, almost onethird (26.3 per cent) of the cases were scheduled for arraignment (see Figure 6.17). The other third (26.2 per cent) of the cases were in the trial stage, where either the prosecution or defence is presenting evidence, and 18.3 per cent were in the pre-trial stage, either scheduled for pre-trial, undergoing pre-trial or the pre-trial had just ended.381 A small percentage (8.9 per cent) of the children had pending warrants of arrest. Almost four per cent (3.8 per cent) of the cases were already decided and 2.1 per cent were scheduled to be decided; 3.7 per cent were in the preliminary investigation stage;382 1.7 per cent were undergoing the diversion process; and 0.6 per cent had been archived. The rest of the childrens case records (8.4 per cent) did not indicate the status of the case.
Figure 6.17.

70 60 50 40 30 20 10 0

64.2

Police Ocers Barangay Tanods Victim Civilian/Security Guard Store Representative

18.7 4.4 6.1

Witness Relative
1.9 3.5 0.1 0.9 0.3

Relative of Victim Voluntarily Surrendered

Table 6.24. Distribution of cases by arresting ofcer Arresting ofcer


1 Police Ofcers 2 Barangay Tanods 3 Victim 4 Civilian/Security Guard 5 Store Representative 6 Witness 7 Relative 8 Relative Of Victim 9 Voluntarily Surrendered Not Indicated

Status of the case per cent


62.6 18.3 4.2 5.9 1.8 3.4 0.1 0.8 0.3 2.4

No.
442 129 30 42 13 24 1 6 2 17

30 25 20 % 15 10 5 0

26.3

26.2

For Arraignment Preliminary Investigation Pre-Trial Not Indicated Trial Decided

18.3

8.4 3.7 3.8 2.1

8.9 1.7

For Decision Pending Warrant

Total

706

100.0

0.6

Diversion Archived

116

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

ARRAIGNMENT: PLEA Of the 219 children who were arraigned and whose records indicate their plea, 92.7 per cent entered a plea of not guilty while 7.3 per cent pleaded not guilty (see Table 6.25).
Table 6.25. Distribution of cases of children who were arraigned and with plea by type of plea Plea
Guilty Not Guilty

Table 6.26. Distribution of arraigned cases by length of time between arrest and arraignment Time between arrest and arraignment (in no. of months)
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

No.
18 49 38 28 10 7 7 5 3 2 0 3 1 1 1 2 1 0 0 1 1

per cent
10.1 27.5 21.3 15.7 5.6 3.9 3.9 2.8 1.7 1.1 1.7 0.5 0.5 0.5 1.1 0.5 0.5 0.5

No.
16 203

per cent
7.3 92.7

Total

219

100.0

Arraignment: period elapsed from time of arrest to arraignment One hundred seventy eight (178) children who were already arraigned had court records that indicated the dates of their arrest and arraignment. The project computed the dierence between the time of arrest and arraignment. Data shows that the majority of the cases (about 75 per cent) were arraigned three months or less after arrest. In almost one-third (27.5 per cent) of the cases, there was a one month interval between the arrest and arraignment. There was a two-month interval in 21 per cent of the cases; 15.7 per cent had an interval of three months and 10 per cent had less than one month interval. The rest of the cases had intervals ranging from four months to 20 months (see Table 6.26).

Total

178

100.0

Considering that almost 40 per cent of the children covered by the study committed the oence at the age of 17, it is emphasised that the court process be conducted as speedily as possible so that the child may be able to enjoy the benets under the law, ie, diversion and suspension of sentence. The arraignment must be scheduled immediately after the arrest and ling of complaint or information, before the child reaches the age of 18, so they may still be able to avail of such benets when applicable.

Chapter 6 Prole of Children in Conict with the Law

117

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

COUNSEL Records show that of the 706 cases of children covered by study, more than half (458 cases, or 65 per cent,) had legal counsel. Of this number, almost all (92.1 per cent) were represented by public defenders (see Figure 6.18 and Table 6.27). In the UP Law Center project, 81 per cent of the children were provided with de ocio counsel383 and only 2 per cent had their own counsel.384
Figure 6.19. Location of child
40.0 35.0 30.0 25.0 % 20.0 15.0 10.0 5.0 0.0

36.4 29

Jail Parents Center


16.7

14.6

Relatives At Large Non-relative

2.3

Figure 6.18. CICL with counsel


92.1 100

Table 6.28. Distribution of cases of children by location Location


3 DSWD Center 2 Parents 1 Jail 5 At Large 4 Relatives 6 Non-Relative

No.
177 141 71 81 11 5

per cent
36.4 29.0 14.6 16.7 2.3 1.0

50 0

7.9

Public Defender

Private Lawyer

Total

486

100.0

Table 6.27. Distribution of cases of children with legal representation by counsel Counsel
Public Defender Private Lawyer

No.
422 36

per cent
92.1 7.9

Total

456

100.0

LOCATION OF CHILD The majority of the children (486, or 69 per cent) had court records that indicated their location. The most number (36.4 per cent) were staying at training and rehabilitation centres run by the DSWD (see Figure 6.19 and Table 6.28). The other third (29 per cent) of the 486 were in the custody of their parents, either released on recognizance or the children furnished bail. The rest were at large (16.7 per cent); detained in jails (14.6 per cent); staying with relatives (2.3 per cent) and non-relatives (1 per cent).

The majority of the children staying in rehabilitation centres (59.3 per cent) were staying at the Molave Youth Home in Quezon City, 30.5 per cent at the Manila Youth Reception Center (MYRC) in the city of Manila; 4 per cent at the National Training School for Boys (NTSB); 3.4 per cent at the Marillac Hills-Home for Girls in Muntinlupa City in the southern part of Metro manila; 2.2 per cent at the Pasay Youth Home; and 0.6 per cent at Kanlungan sa (lap of ) Erma, an NGO-run institution (see Table 6.29).

118

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 6.29. Distribution of cases of children in rehabilitation centres by centre Training and rehabilitation centres
2 Molave 1 MYRC 3 NTSB 4 Marillac Hills 7 Pasay Youth Home 6 Kanlungan Sa Erma

No.
105 54 7 6 4 1

per cent
59.3 30.5 4.0 3.4 2.2 0.6

Total

177

100.0

SUMMARY OF THE LEGAL PROFILE The most common criminal charges against the children involve crimes against property, specically, robbery; theft; qualied theft; malicious mischief and estafa. This is followed by crimes against persons; violation of ordinances; special laws; and drug-related oences. With respect to female children, the most common violations they are charged with after crimes against property are drug-related oences and violations of ordinances. Complainants in the cases against children involving crimes against persons and sex-related oences also include children. In cases of drug-related oences, the most common drugs involved are shabu and rugby. Children are charged either with use, possession or sale of prohibited drugs. In cases of crimes against property, specically theft and robbery, the most common item stolen is the cell phone, followed by clothes and shoes, wallets, bags, jewelry and accessories. In cases involving possession of weapons, the most common are fan knives, followed by guns and ammunitions, and sumpak.

Most of the oences are committed in Quezon City and Manila. In Quezon City, the most common areas where crimes are allegedly committed by children are in Cubao, Novaliches, Balintawak, Tatalon, Project 8 and Greater Lagro. In Manila, the common areas are in Tondo, Sta. Cruz, Quiapo, Binondo, and Sampaloc. In Caloocan, it is in Grace Park, Bagong Silang, Dagat-Dagatan, Monumento, and Bagong Barrio and Tala. For Paraaque, oences are often committed in Baclaran, Daughters, BF Homes, Better Living and Evacom. In Pasay, Malibay, Dolores Street and Rotonda are the most common areas. The oences are usually committed in the streets, in the house of other people or buildings; and in stores, malls or markets. Children in conict with the law are often charged together with a co-accused. The co-accused are also children themselves and in some cases, they are already adults or both adult and children. In some cases, the co-accused are related by blood to the child in conict with the law. Most of the time, children are apprehended by police ocers, followed by barangay ocials, specically the barangay tanod. During arraignment, children often plead not guilty. The interval between the arrest or surrender and the date of arraignment is usually from one to three months. Almost all of the children are represented by public defenders from the PAO. Most of the children are either staying at DSWD-run training and rehabilitation centres or are in the custody of their parents, relatives or non-relatives, upon release on recognizance or posting of bail. However, there is a signicant number of children detained in jails.

Chapter 6 Prole of Children in Conict with the Law

119

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

7 Observance of Laws
This chapter presents the data collected based on the interviews of the dierent pillars of the criminal justice system with respect to the observance of laws. A questionnaire was formulated per pillar depending on the functions and duties provided by national and international laws on the administration of the criminal justice system on children in conict with the law. To establish a reasonable length of interview, only selected functions and duties were included in the questionnaire. The responses of 35 children interviewed for the case studies were also incorporated in this chapter. Comparisons were also made between the childrens responses and the respondents from the ve pillars of the criminal justice system. relating to children in conict with the law at all or there are such ordinances but they are not aware that such ordinances exist (see Table 7.1). Of the few barangay ordinances collected and presented in the chapter on city and barangay ordinances, it was shown that penal ordinances applicable to children outnumber non-penal ordinances on children. The few barangay ordinances gathered support the answer of majority of the respondents who answered no when asked if they know of any barangay ordinances relating to children in conict with the law.
Table 7.1. Knowledge of barangay ordinances (from 1990 onwards) relating to CICL Response
There are barangay ordinances relating to CICL There are no barangay ordinances relating to CICL Do not know No Answer

No.
42 57 13 6

per cent
35.6 48.3 11.0 5.1

Community
BARANGAY ORDINANCES As previously mentioned in the preceding chapters, among the powers of the Sangguniang Barangay, the community legislative body, is the power to enact

Total

118

100

ordinances that prescribe nes in amounts not exceeding Php1,000 for violation of barangay ordinances. Aside from this power, the respondents in the community pillar were asked questions as to the exercise of their functions and the provisions of the law that are relevant to the protection and promotion of the rights of children in conict with the law.
When the 118 respondents were asked if they know of any barangay ordinance from 1990 onwards that relates to children in conict with the law, 48.3 per cent answered no, 35.6 per cent said yes, 11.0 per cent responded that they do not know, and 5.1 per cent did not give an answer. For those who answered no, either their respective barangays do not have ordinances
120

BARANGAY COUNCIL FOR THE PROTECTION OF CHILDREN Article 87 of P.D. No. 603,385 and Department of Interior and Local Government Circulars 90-04, 94-14 and 96-139 provide for the establishment of BCPCs in every barangay. When asked whether there is a BCPC in their respective barangays, 48.3 per cent of the respondents said no, 41.5 per cent said yes, 6.8 per cent said that they do not know, and 3.4 per cent did not give an answer (see Table 7.2).
Table 7.2. Presence of a BCPC in the barangay Response
There is a BCPC in the barangay There is no BCPC in the barangay Do Not Know No Answer

No.
49 57 8 4

per cent
41.5 48.3 6.8 3.4

Total

118

100

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Of the 49 respondents who said that a BCPC is present in their barangay, 45 identied the year the BCPCs were established. An overwhelming majority of the total number of respondents (73 out of 118), 61.9 per cent, did not give an answer, while 13.6 per cent do not remember the year it was established. The rest (24.3 per cent) of the respondents answers ranged from 1992 to 2002, with most of the BCPCs established in 2002, the year the research was conducted (see Table 7.3).
Table 7.3.Year when the BCPC was established in barangays where these are present Year
Do Not Remember 1992 1994 1998 1999 2000 2001 2002

Only 28.8 per cent of the 118 respondents from the community pillar said that there is a representative for the youth among the BCPC members. Almost 60 per cent (57.6 per cent) did not provide an answer, 3.4 per cent said that they do not know, and 10.2 per cent said there is no representative for the youth among BCPC members (see Table 7.5). Of the 118 respondents, 22.9 per cent said that the youth representative is below 18, 29.7 per cent said that the representative is 18 years of age or over, and 70.3 per cent did not provide an answer (see Table 7.6).
Table 7.5. Presence of a representative for the youth in the BCPC in barangays where a BCPC is present Response
There is a youth representative in the BCPC There is no youth representative in the BCPC Do Not Know No Answer

No.
16 1 1 3 5 5 5 9

per cent
35.6 2.2 2.2 6.7 11.1 11.1 11.1 20

No.
34 12 4 68

per cent
28.8 10.2 3.4 57.6

Total

45

100

Total

118

100

Table 7.6. Age of the youth representative in the BCPC

An overwhelming majority of the 48 respondents (75 per cent) said yes, 16.7 per cent said that the BCPC is not functional and 8.3 per cent responded that they do not know if the BCPC is functional (see Table 7.4).
Table 7.4. Whether or not the BCPC is functional in barangays where a BCPC is present Response
The BCPC is functional The BCPC is not functional Do Not Know

Age of youth representative


Below 18 18 and Above No Answer

No.
27 8 83

per cent
22.9 29.7 70.3

Total

118

100

No.
36 8 4

per cent
75 16.7 8.3

Total

48

100

When the respondents were asked to specify the committees within the BCPC, they only provided general answers. There seems to be confusion as to the BCPC committees and the general committees found in the barangay level, ie, Ways and Means, Infrastructures, or Anti-Drug Abuse Council. Some respondents cited these general committees as part of BCPC committees. However, there were a few respondents who said that the BCPC in their respective communities established the following child-related committees: child abuse, protection of children under dicult circumstances, day care centres and weekly feeding (see Table 7.7).

Chapter 7 Observance of Laws

121

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 7.7. Committees within the BCPC Committee


Sports Peace and Order Education Committee Sanggunian Kabataan (Youth Council) Clean and beautication Health and sanitation Appropriations Free medicine Livelihood Environmental services Committee on Children Committee on Family Women and Family Ways and Means Protection of children under difcult circumstances Child Abuse Livelihood Human rights Day care centre Social services Weekly Feeding Anti-Vending Infrastructure Rehabilitation Civil Rights Urban poor Economy Welfare Mediation Religion Barangay Anti-Drug Abuse Council (BADAC) Emergency/Typhoon Committee

No.
10 10 9 6 4 4 3 3 3 2 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

Only 11 per cent of the respondents said there is a committee within the BCPC for the protection of children in especially dicult circumstances, which also covers children in conict with the law (see Table 7.8). This small number of respondents who answered armatively may be because there are only a few existing committees within the BCPC, if a BCPC has been established at all and if such is functioning.
Table 7.8. Presence of a Committee for the Protection of Children in Especially Difcult Circumstances/Children in Need of Special Protection Response
Such committee is present There is no such committee Do Not Know No Answer

No.
13 34 5 66

per cent
11.0 28.8 4.2 55.9

Total

118

100

To prevent children from coming into conict with the law, the respondents cited the following eorts by the BCPC: sports development; curfew, coordination with the Sangguniang Kabataan, feeding programmes, presence of roving tanods, and medical assistance. Other respondents refer to policies rather than activities, ie, protection against abuse and exploitation and protection against drugs (see Table 7.9). The same types of programmes and policies were cited by the respondents when asked about the programmes or steps taken by the BCPC to assist parents whose children have behavioural problems (see Table 7.10).

Total

81

122

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 7.9. Current programmes of the BCPC for the prevention of children coming into conict with law Programme
Sports development/sportsfest Medical assistance Education/Scholarship Curfew, implementation of city ordinance Dialogue Feeding program Meet/Talk with parents Visibility of barangay tanod and police Coordination with the Sangguniang Kabataan Year round effort by the whole community Trainings Educational eld trips Information dissemination Gift giving Activities of religious groups, schools Recreation School attendance Day care Amicable settlement Forward to DSWD Active SK and non-SK youth org. Protection against abuse, exploitation Protection against drugs/Out of School Youth Livelihood Discipline the child Others

Table 7.10. Steps/programmes taken by the BCPC for assisting parents and children with behavioural problems Step/Programme
Inform and call parents Awareness raising/Information dissemination/house-to-house Seminar for the parents Guidance for children Livelihood program Monitoring Refer to social worker/counsellors/DSWD Scholarship/Education for the child Catechism/ Spiritual activities for family Feeding program Campaign for parents to have jobs Sports program Bring home to province Curfew Economic assistance: 5% of appropriation

No.
14 5 4 3 3 3 3 3 2 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1

No.
7 5 4 3 3 3 2 2 2 2 1 1 1 1 1

Total

38

HOLDING CELLS Almost half of the 118 respondents (44.1 per cent) said there is a holding cell inside their barangays. However, less than half of these respondents said there is a separate holding cell for children (17.8 per cent) and separate holding cells for the male and female children (15.3 per cent). This may be explained by the observation during the research that there is usually only one holding cell in barangay halls (see Tables 7.11 to 7.13).
Table 7.11. Availability of a holding cell [temporary jail until accused is transferred to the city jail] inside the barangay hall Response
There is a holding cell A holding cell is not available Do Not Know No Answer 4 3.4

Total

62

No.
52 62

per cent
44.1 52.5

Total

118

100

Chapter 7 Observance of Laws

123

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 7.12. Availability of a separate holding cell for CICL Response 5.12
Separate cell for children is present Children are mixed with adults Do Not Know No Answer

No.
21 56 1 40

per cent
17.8 47.5 0.8 33.9

by the respondents do not fall into reintegration and rehabilitation programmes but rather actions to prevent children from coming into conict with the law, such as curfew; or responses to the childs alleged criminal action, ie, return of child to parents (see Table 7.15).
Table 7.15. Programme/s for the reintegration/ rehabilitation of CICL in the community Response
Livelihood programmes/employment Education Placement in rehabilitation/custodial centres Vocational/Skills training Community service Return the CICL to the custody of the parents Sports program Dialogue/discussion/counselling with the CICL Curfew Follow-up from parents Moral recovery program Personal visitation Conduct of drug testing Fellowships Give CICL responsibilities/errands Recommend to CADAD/BADAC/Bicutan

Total

118

100

Table 7.13. Availability of separate holding cells for male and for female CICL Response
Separate cells for male and for female CICL are present There are no separate cells for male and for female CICL 3 Do Not Know No Answer

No.
6 5 4 4 4 3 3 3 1 1 1 1 1 1 1 1

No.
18 43 4 53

per cent
15.3 36.4 3.4 44.9

Total

118

100

REINTEGRATION/REHABILITATION OF CHILDREN When asked if their respective barangays have programmes for the reintegration and rehabilitation of children in conict with the law in their community, majority (59.3 per cent) of the respondents said no, 26.3 per cent said yes, 11 per cent gave no answer and 3.4 per cent said that they do not know (see Table 7.14).
Table 7.14. Availability of current programme/s for the reintegration/ rehabilitation of CICL in the community Response
There are programmes for reintegration of CICL There are no programmes for reintegration of CICL Do Not Know No Answer

Total

40

SUMMARY AND ANALYSIS Based on the current situation, the community plays three roles in the involvement of children with the justice system. First, they can be the source of ordinances that penalise acts that may both be committed by children and adults or non-penal ordinances that benet children, ie, creation of programmes for the rehabilitation of children in conict with the law within the BCPC. The results of the project show that the ordinance-making power of the barangay has not been maximised to benet children. If ordinances relating to children exist at all, it is to prohibit acts and provide penalties for such violations, including imprisonment. Violation of ordinances is among the most common

No.
31 70 4 13

per cent
26.3 59.3 3.4 11.0

Total

118

100

Programmes cited by the respondents who answered in the armative include the following: livelihood, education, placement in rehabilitation centres, skills traiing, and community service. Others mentioned

124

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

oences for which children are charged. Knowledge of existing barangay ordinances that relate to children in conict with the law is not common among the respondents. Although the establishment of BCPCs has been mandated by law since 1975, there is only a limited number of functional BCPCs in the cities covered by this project, and with fewer BCPCs with children or youth among its members. Based on the answers of respondents, the committees within the functional BCPCs are the same as the general committees established within the barangay, with programmes on children focusing more on sports activities, feeding, education, livelihood and economic assistance. Second, it is in the community where children are also apprehended. The community has peace and order programmes and is part of the law enforcement level through the barangay tanods. Aside from police ocers, children are often apprehended by barangay tanods and spend time in holding cells. In each barangay hall, there is usually only one holding cell and children detained spend time in the company of adult oenders. Third, it is to the community where children return after their apprehension, detention or service of sentence. Results of the project show that there is a lack of established programmes to address the community reintegration and rehabilitation of children in conict with the law. The appropriateness of communitybased reintegration and rehabilitation programmes cited by the respondents are also questionable, ie, curfew, cleaning of the community, drug-testing or sports activities. Some respondents even said that the children are referred back to rehabilitation centres or to their parents. The role of the community with respect to maintaining peace and order has been emphasised. A concrete

manifestation of this is the drive to impose a curfew on children, specically in the cities covered by this project. As mentioned above, the role of the community extends further with respect to children in conict with the law. The establishment of a working BCPC with appropriate programmes that benefit children in conict with the law must be emphasised with the community leaders. All pillars refer to the community as the level where diversion should occur and the community must be able to take on this role with appropriate training not only on laws but also to the underlying principles of said laws and sensitivity to the needs and situation of children.

Law Enforcement
For the purposes of this project, the law enforcement pillar is represented by the police ocers and the barangay tanods interviewed. barangay tanods perform peace-keeping duties at the community level and apprehend oenders, including children. PRESENTATION OF IDENTIFICATION TO CHILD Section 6 of the Rules on Juveniles in Conict with the Law provides that: Any person taking into custody a juvenile in conict with the law shall: (a) Identify himself and present proper identication to the juvenile Based on practice, an overwhelming majority of the barangay tanods (87.9 per cent) and police ocers (75.3 per cent) said they identify themselves to the children (see Table 7.16). The slightly higher number of barangay tanods compared to police ocers who responded in the armative may be explained by the fact that police ocers wear distinctive uniforms

Chapter 7 Observance of Laws

125

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

and the latter rely on this for identication. Hence, barangay ocers need to identify themselves as such compared to police ocers. However, of the 35 children interviewed for the case study, only 13 said the apprehending ocers identied themselves. Majority (17) said the apprehending ofcers did not do so; and ve children did not provide an answer.
Table 7.16. Whether or not the law enforcer introduces him/herself to the CICL Response
Introduces ones self Does not introduce ones self Depends No Answer

INFORM CHILD REASON FOR CUSTODY Section 6 of the Rules on Juveniles in Conict with the Law provides that: Any person taking into custody a juvenile in conict with the law shall: Inform the juvenile of the reason for such custody An overwhelming number of respondents from the barangay tanods (81 per cent) and police ocers (83.1 per cent) said that they informed the children of the reason for their custody and apprehension. Only a few respondents, 5.2 per cent for the barangay tanods and 10.4 per cent for the police ocers, answered no to the response (see Table 7.18).
Table 7.18. Whether or not the law enforcer informs the CICL of the reason for his/her apprehension/custody Tanod Police per cent
81.0 5.2 6.9 6.9

Tanod per No. cent


51 2 3 2 87.9 3.4 5.2 3.4

Police per No. cent


58 15 2 2 75.3 19.5 2.6 2.6

Total

58

100

77

100

According to the law enforcement ocers, identication presented to the child usually include badges or LDs, uniforms, use of oral identication or introduction, police hat or patrol, and weapon such as the batuta (night stick; see Table 7.17). Few respondents said they do not need to present an ocial identication to the child.
Table 7.17. Ofcial identication presented to the CICL Identication
Uniform ID/badge Proper verbal communication No need/none Batuta (night stick) Hat Patrol

Response
Informs the child of reason for apprehension/custody Does not inform the child of reason for apprehension/ custody Depends No Answer

No.
47 3 4 4

No.
64 8 1 4

per cent
83.1 10.4 1.3 5.2

Total

58

100

77

100

No.
35 68 13 10 3 1 1

Total

131

Most of the law enforcement ocials said they informed the child of the reason for the custody or apprehension at the time of the arrest, when they also recite the Miranda doctrine386 (see Table 7.19). Several respondents gave such information when the child is already in the oce or the barangay hall, after the arrest, even before the arrest, before investigation, after introduction with the child; or they call the child rst.

126

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 7.19. When the CICL is informed of the reason for his/her apprehension/custody Response
At the time of arrest (Miranda Doctrine) When child is in the ofce/barangay hall After arrest/apprehension Before arrest During the interview Before investigation Children already know why we arrest them Call rst After introduction

No.
46 7 5 5 4 2 1 1 1

Total

72

A few of the respondents said that the period they informed the child of the reason for their arrest depends on the situation. Of the 35 children interviewed for the case study, majority (17) said the apprehending ocers explained the reasons for their arrest; 13 said that the reason for their arrest was not explained to them; and ve children did not provide an answer. With respect to their rights, 24 of the 35 children said they were not informed of their rights upon arrest; eight said that they were informed of their rights; and four children did not provide an answer. NOTIFICATION OF PARENTS AND GUARDIANS Section 6 of the Rules on Juveniles in Conict with the Law provides that: Any person taking into custody a juvenile in conict with the law shall: (g) Notify the parents of the juvenile or his nearest relative or guardian, if any, and the local social welfare ocer as soon as the apprehension is made

In practice, the barangay tanod informs community ocials such as the Barangay Chairperson, other Tanods, and members of the Lupon Tagapamayapa and the police ocers. Individual police ocers turn over the child for investigation to the appropriate police precincts and units within the precincts, whether the WCCD or the desk ocers in the precincts. Law enforcement ocials also inform the DSWD and the parents or relatives of the child. Other persons or oces notied include the following: DILG, Oce of the Prosecutors, neighbours, schools, NGOs; rehabilitation centres, Public Defenders Oce, hospitals, and other city ocials. One respondent said that he/she also noties television and radio stations. However, of the 35 children interviewed for the case study, majority (17) said the apprehending ocers did not inform their parents 11 said their parents were informed, and seven children did not provide an answer.
Table 7.19. Persons and government agencies notied upon contact with CICL Persons/agencies notied
DSWD Police Headquarters/superiors/ NBI/NAPoliceCOM Parents/relatives Barangay ofcials Women and Childrens Concerned Desks Rehabilitation centres NGOs DILG Others

No.
56 44 37 32 16 8 6 5 9

%
26.4 20.6 17.4 15.0 7.5 3.8 2.8 2.3 4.2

Total

213

100.0

Chapter 7 Observance of Laws

127

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

PHYSICAL AND MENTAL EXAMINATION Section 6 of the Rules on Juveniles in Conict with the Law provides that: Any person taking into custody a juvenile in conict with the law shall: (h) Take the juvenile immediately to an available government or medical or health ocer for physical and mental examination. (Emphasis supplied) Article 190 of the Child and Youth Welfare Code, amended, also provided that: It shall be the duty of the law enforcement agency concerned to take the youthful oender, immediately after his apprehension, to the proper medical or health ocer for a thorough physical and mental examination. Whenever treatment for any physical or mental defect is indicated, steps hall immediately be undertaken to provide the same. (Emphasis supplied) More than half (51.7 per cent) of the barangay tanods and a large percentage of police ocers (76.6 per cent) responded that they take the child to a medical or health ocer for a physical examination. However, with respect to mental examination, only a small percentage of barangay tanods (22.4 per cent) and police ocers (27.3 per cent) said they take the child to an available government or medical or health ocer for mental examination. Several barangay tanods and police ocers said they only take the child for a physical examination depending on the following situations: if the injury is serious or obvious, if there are causes for physical injury, depending on the case committed by the child, depending on the health of the child, and only when necessary. For a child to be taken for mental examination, the respon-

dents said that it depends on the following situations: behaviour of the child; case to case basis; when the child suers from an obvious mental problem; if needed; if a drug problem is involved; if requested by the DSWD, courts or relatives of the child; or if recommended by the government doctors. Of the 35 children interviewed for the case study, majority (24) said that they were referred to health ocers for medical examination; seven said that they were not brought to a health ocer; and four children did not provide an answer.
Table 7.21. Whether or not the CICL is taken to an available government medical or health ofcer for a physical examination Response
Yes No Depends No Answer

Tanod
No. 30 16 9 3 per cent 51.7 27.6 15.5 5.2 No. 59 3 8 7

Police
per cent 76.6 3.9 10.4 9.1

Total

58

100

77

100

Table 7.22. Whether or not the CICL is taken to an available government medical or health ofcer for a mental examination Response
Yes No Depends No Answer

Tanod
No. 13 36 4 5 per cent 22.4 62.1 6.9 8.6 No. 21 31 17 8

Police
per cent 27.3 40.3 22.1 10.4

Total

58

100

77

100

Even though the law requires both physical and mental examination, emphasis has been given to the former in terms of practice. According to some respondents, one instance wherein children are brought for mental examination is when the child obviously suers from mental problems. In practice, the mental examination seems to be more of an exception rather than the general rule.

128

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Also, under the Rules on Juveniles in Conict with the law, the duty to bring the child to the appropriate person or agency for mental examination rests upon the person who takes the child into custody and this is not limited to police ocers. Comparing the responses of the barangay tanods and the police ocers, more police ocers implement the said provision more than the former. DETENTION OF CHILDREN Section 6 of the Rules on Juveniles in Conict with the Law provides that: Any person taking into custody a juvenile in conict with the law shall: (i) Hold the juvenile in secure quarters separate from that of the opposite sex and adult oenders. Article 191 of the Child and Youth Welfare Code, amended, also provided that, a child: if unable to furnish bail, shall from the time of his arrest be committed to the care of the Department of Social Welfare or the local rehabilitation center or a detention home in the province or city which shall be responsible for his appearance in court whenever required: Provided, That in the absence of any such center or agency within a reasonable distance from the venue of the trial, the provincial, city and municipal jail shall provide quarters for youth oenders separate from other detainees (Emphasis supplied) When asked if children of the opposite sex are detained in separate quarters, only 31 per cent of the barangay tanods and more than half of the police ocers (51.9 per cent) replied in the armative. Concerning detention of children separate from adults, the gures

given by both the barangay tanods (24.1 per cent) and police ocers (37.7 per cent) are lower. This may be explained by the observation during the interviews that in police stations, there are usually only two cells, one for males and another for females. In the community, however, there is usually only one holding cell inside the barangay hall. Of the 35 children interviewed for the case study, majority (22) said they were not detained separately from adults, six said they were detained separately, one said that at rst they were detained together with adults but later on separated, and six children did not provide an answer. An overwhelming majority (28) of the children was detained separately from the opposite sex, two said they were detained with members of the opposite sex, and ve did not provide an answer.
Table 7.23. Whether or not the CICL is detained in quarters separate from those of the opposite sex Response
Yes No Do Not Know Do Not Detain CICL No Answer

Tanod
No. 18 11 4 19 6 % 31.0 19.0 6.9 32.8 10.3 No. 40 17 1 9 10

Police
% 51.9 22.1 1.3 11.7 13.0

Total

58

100

77

100

Table 7.24. Whether or not the CICL is detained in quarters separate from those of adult offenders Response
Yes No Do Not Know Do Not Detain CICL No Answer

Tanod
No. 14 14 3 17 10 % 24.1 24.1 5.2 29.3 17.2 10 14 No. 29 24

Police
% 37.7 31.2 13.0 18.2

Total

58

100

77

100

Chapter 7 Observance of Laws

129

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

TURNOVER OF CHILD According to article 191 of the Child and Youth Welfare Code as amended, a child: held for physical and mental examination or trial or pending appeal, if unable to furnish bail, shall from the time of his arrest be committed to the care of the Department of Social Welfare or the local rehabilitation center or a detention home in the province or city which shall be responsible for his appearance in court whenever required: Provided, That in the absence of any such center or agency within a reasonable distance from the venue of the trial, the provincial, city and municipal jail shall provide quarters for youth oenders separate from other detainees Based on the practice of barangay tanods and the police ocers, children are usually turned over to the following authorities: DSWD; Youth Detention Centres, ie, Molave Youth Reception Center, Manila Youth Reception Center, or Pasay Youth Home; Police Headquarters; Oce of the Prosecutor; and the WCCD. Other places to which or persons to whom the child is turned over include the following: parents, homeowners associations, courts, barangay chairpersons and the Manila City Hall. Based on the interviews, the following practice appears: once a barangay tanod arrests a child, the child is brought to the barangay hall for documentation. The child is then brought to the police station or a police ocer is summoned to the barangay hall to bring the child to the police station. In the course of these proceedings, the barangay tanod usually informs the family or relatives of the child and they accompany the child to the police station. When in the custody of the police, the child is then brought to the appropriate person or agency for physical and mental examination as abovementioned.

Table 7.25. Agency where the CICL is turned over Agency


DSWD Molave/MYRC/Pasay Youth Home/Youth centres Appropriate precinct/headquarters/PNP Prosecutors Ofce Women and Childrens Concerned Desk Barangay Chair Parents/Home Courts Homeowners association Manila City Hall

No.
43 37 37 14 11 11 4 3 1 1

Total

162

INVESTIGATION OF CHILD More than half of the barangay tanods (51.7 per cent) and police ocers (54.5 per cent) interviewed conduct investigation of the child. barangay tanods who answered in the negative (37.9 per cent) said that the following persons or oces conduct the investigation instead: police, barangay chairpersons and lupon members, peace and order committee members, or barangay kagawads. For the police ocers, respondents said that the investigation, when not conducted by them personally, is done by the courts, ocers from WCCD, police headquarters, commissioned ocers, police ocers from the Criminal Investigation Division and the precinct ocers. There were a few barangay tanods (6.9 per cent) who said that they only investigate a child depending on the following situations: when such order is given by the barangay chairperson, when the chairperson is not available, when the barangay tanods executive ocer is not available, or when it is the shift of the barangay tanod. For the few police ocers, they said that they conduct the investigation only when the Womens Desk is not available and only when the child has a lawyer.

130

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 7.26. Whether or not the law enforcer conducts investigation of the child Response
Yes No Depends No Answer

Tanod
No. 30 22 4 2 per cent 51.7 37.9 6.9 3.4 No. 42 27 2 6

Police
per cent 54.5 35.1 2.6 7.8

Total

58

100

77

100

Of the 35 children interviewed for the case study, 15 children said that the investigating ocers explained the nature of their oence; 14 children said that the nature of the oence was not explained to them; and six children did not provide an answer. Majority (23) of the 35 children said that the investigating ocers did not inform them of their rights; eight children said that they were informed of their rights; and four children did not specify an answer. PERSON ACCOMPANYING THE CHILD Section 8 of the Rules on Juveniles in Conict with the Law provides that: The police ocer conducting the initial investigation of a juvenile in conict with the law shall do so in the presence of either of the parents of the juvenile; in the absence of both parents, the guardian or the nearest relative, or a social welfare ocer, and the counsel of his own choice. In their presence, the juvenile shall be informed of his constitutional rights during custodial investigation. The right of the juvenile to privacy shall be protected at all times. All measures necessary to promote this right shall be taken, including the exclusion of the media.

Only 27.6 per cent of barangay tanods and 19.5 per centof police ocers conduct investigation alone with the child. In this practice, the gure is higher for barangay tanods. During the investigation, children are usually accompanied by their parents according to the barangay tanods (81 per cent) and the police ocers (70.1 per cent). After the childrens parents, children are usually accompanied by their relatives (32.8 per cent) when being investigated by the barangay tanods, unlike in the police level where the children are accompanied by their guardians (31.2 per cent).
Table 7.27. Whether or not the law enforcer conducts investigation alone with the CICL Response
Yes No Depends No Answer

Tanod
No. 16 15 6 21 per cent 27.6 25.9 10.3 36.2 No. 15 28 4 30

Police
per cent 19.5 36.4 5.2 39.0

Total

58

100

77

100

Under the law, children are required to be accompanied by their parents or guardians and lawyers during initial investigation by a police ocer. Of the 35 children interviewed for the case study, ten said lawyers assisted them; 29 said they were not; and six children did not provide an answer.
Table 7.28. Person who usually accompanies the CICL during investigation Person
Parents Guardians Relative Social Welfare Ofcer CICLs Lawyer

Tanod
No. 47 14 19 5 1 per cent 81.0 24.1 32.8 8.6 1.7 No. 54 24 15 12 6

Police
per cent 70.1 31.2 19.5 15.6 7.8

None

10.3

16

20.8

Chapter 7 Observance of Laws

131

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

FINGERPRINTS AND PHOTOGRAPHS Section 9 of the Rules on Juveniles in Conict with the Law provides that: While under investigation, no juvenile in conict with the law shall be ngerprinted or photographed in a humiliating and degrading manner. The following guidelines shall be observed when ngerprinting or photographing the juvenile: (a) His ngerprint and photograph les shall be kept separate from those of adults and shall be kept condential. They may be inspected by law enforcement ocers only when necessary for the discharge of their duties and upon prior authority of the Family Court; (b) His ngerprints and photographs shall be removed from the les and destroyed: (1) if the case against him is not led, or is dismissed; or (2) when the juvenile reaches twenty one (21) years of age and there is no record that he committed an oence after reaching eighteen (18) years of age. Of the 35 children interviewed for the case study, 22 children were ngerprinted and 18 were photographed. Only a very small number of barangay tanods (5.2 per cent) ngerprint children compared with more than half of police ocers (54.5 per cent) who said that their oce ngerprint children. The practice of ngerprinting children is more common with the police. However, when asked if ngerprint les of children are kept separate from those of adults, the gures become smaller, with only 1.7 per cent of barangay tanods and 27.3 per cent of police ocers saying that the ngerprint les of children are kept separate from adults.

Table 7.29. Whether or not the law enforcer gets the childs ngerprints Response
Yes No Do Not Know No Answer

Tanod
No. 3 51 2 2 per cent 5.2 87.9 3.4 3.4 No. 42 25 2 8

Police
per cent 54.5 32.5 2.6 10.4

Total

58

100

77

100

Table 7.30. Whether or not the ngerprint les of CICL are kept separate from those of adults Response
Yes No Do Not Know No Answer

Tanod
No. 1 2 1 54 per cent 1.7 3.4 1.7 93.1 No. 21 17 3 36

Police
per cent 27.3 22.1 3.9 46.8

Total

58

100

77

100

With respect to taking the pictures of children, only a small number of barangay tanods (5.2 per cent) responded that their ocers take the photographs of children. Taking the pictures of persons arrested do not seem to be a practice within the community level with some respondents saying that they do not have the resources to do so. More than half of police ocers (54.5 per cent) responded that their oces take the photograph of children. However, only half (24.7 per cent) said that the photograph les of children are kept separate from adults.
Table 7.31. Whether or not the law enforcement ofce photographs CICL Response
Yes No Do Not Know No Answer 4 6.9

B.
No. 6 48 per cent 10.3 82.8 No. 42 23 3 9

Police
per cent 54.5 29.9 3.9 11.7

Total

58

100

77

100

132

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 7.32. Whether or not the photograph les of CICL are kept separate from those of adults Response
Yes No Do Not Know No Answer 52 89.7

Tanod
No. 2 4 per cent 3.4 6.9 No. 19 26 3 29

Police
per cent 24.7 33.8 3.9 37.7

Table 7.34. Whether or not the law enforcement ofce remove and destroy the ngerprints/photograph les when the CICL reaches 21 years of age and there is no record that he committed an offence after reaching 18 years of age Response
Yes No Do Not Know No Answer 6 2 51 10.3 1.7 87.9

Tanod
No. per cent No. 1 32 10 34

Police
per cent 1.3 41.6 13.0 44.2

Total

58

100

77

100

Total

58

100

77

100

Based on the answers of both the barangay tanods and police ocers, the removal and destruction of ngerprints and photograph les of children, if the case against the child is not led or dismissed or when the child reaches the age of 21; and there is no record that he committed an oence when 18 years of age is reached, is not practised in both the community and the law enforcement level. Only 1.7 per cent of barangay tanods and 6.5 per cent police ocers said that their oces remove and destroy ngerprint and photograph les of children if the case against the child is not led or dismissed. Only 1.3 per cent of police ocers said that their oces remove and destroy ngerprint and photograph les of children when the child reaches the age of 21 and there is no record that he committed an oence when reached the 18 years of age.
Table 7.33. Whether or not the law enforcement ofce removes and destroys the ngerprint or photograph les if the case against the CICL is not led or dismissed Response
Yes No Do Not Know No Answer

RECORD-KEEPING Section 36 of the Rules on Juveniles in Conict with the Law provides that: All proceedings and records involving juveniles in conict with the law from initial contact until nal disposition of the case by the Family Court shall be considered privileged and condential The Family Court shall take other measures to protect this condentiality of proceedings including non-disclosure of records to the media, the maintenance of a separate police blotter for cases involving juveniles in conict with the law and the adoption of a system of coding to conceal material information, which will lead to the juveniles identity. In practice, only a few oces where respondent barangay tanods and police ocers work keep the blotters and records separate for children in conict with the law. Only 13.8 per cent of barangay tanods and 33.8 per cent police ocers said that their oces keep separate blotters and only 15.5 per cent of barangay tanods and 33.8 per cent of police ocers said their ocers keep separate records. The number of police ocers who said their oces keep separate records and blotters for children is slightly higher than that of barangay tanods.

Tanod
No. 1 4 1 52 per cent 1.7 6.9 1.7 89.7 No. 5 33 9 30

Police
per cent 6.5 42.9 11.7 39.0

Total

58

100

77

100

Chapter 7 Observance of Laws

133

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 7.35. Whether or not the law enforcement ofce keeps separate blotters for CICL Response
Yes No Do Not Know No Answer 4 6.9

Tanod
No. 8 46 per cent 13.8 79.3 No. 26 34 3 14

Police
per cent 33.8 44.2 3.9 18.2

Total

58

100

77

100

exception rather than the general rule. Also, under the Rules on Juveniles in Conict with the law, the duty to bring the child to the appropriate person or agency for mental examination rests upon the person who takes the child in custody and this is not limited to police ocers. Comparing the responses of the barangay tanods and the police ocers, the latter implements said provision more than the former. In police precincts, majority of the respondents said children are detained in quarters separate from that of the opposite sex. However, with respect to separate detention of children from adults, the gure is much lower. Compared with the responses of police ocers, barangay tanods gave a much lower gure when asked if children are detained separately from the opposite sex and from adults. This may be explained by the observation during the interviews that in police stations, there are usually only two cells, one for arrested males and the other for females. In the community, there is usually only one holding cell inside the barangay hall. Majority of the children interviewed were not detained in quarters separate from adults and there were a few children detained with members of the opposite sex. Based on the practice of barangay tanods and police ocers, children are usually turned over to the following authorities: DSWD; youth detention centres such as the Molave Youth Reception Center, Manila Youth Reception Center, or the Pasay Youth Home; police headquarters; Oce of the Prosecutor; and the WCCD. Other places to which or persons to whom the child is turned over include the following: parents, homeowners association, courts; barangay chair and Manila City Hall. Based on the interviews, the following practice appears: once a barangay tanod arrests a child, the child is brought to the barangay hall for documentation. The child is then brought to the police station or a police

Table 7.36. Whether or not the law enforcement ofce keeps separate records for CICL Response
Yes No Do Not Know No Answer

Tanod
No. 9 44 1 4 per cent 15.5 75.9 1.7 6.9 No. 26 34 3 14

Police
per cent 33.8 44.2 3.9 18.2

Total

58

100

77

100

SUMMARY AND ANALYSIS An overwhelming majority of law enforcement ocers, both barangay tanods and police ocers, identify themselves as such to children upon arrest. They also present identication, ie, ID or badges, and usually wear their uniforms. At the time of arrest, they inform the child as to the reasons for the arrest. After which, the law enforcement ocers notify the DSWD, police, parents, barangay ocials and the WCCD. However, interview with the children revealed that although the reason for their arrest were explained to majority of them, the majority of the apprehending ocers did not identify themselves as such and most of the children were not informed of their rights. Even though both physical and mental examination are required by law, in practice, emphasis has been given to the former. In fact, majority of the children interviewed were brought to the appropriate persons or agencies for medical examination. It is only in obvious cases, ie, child is evidently mentally challenged, wherein children are brought for mental examination. In practice, mental examination seems to be more of an
134
Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

ocer is summoned to the barangay hall to bring the child to the police station. In the course of these proceedings, the barangay tanod, usually informs the family or the relatives of the child and they accompany the child to the police station. When in the custody of the police, the child is then brought to the appropriate person or agency for physical and mental examination as abovementioned. Despite the rule to the contrary, there are a number of barangay tanods and police ocers who conduct investigations alone with the child and the gure is higher for barangay tanods. Majority of the respondents, however, said that they conduct the investigation of the child in the presence of another person. Children are usually accompanied by their parents followed by relatives in cases wherein the investigation is being conducted by the barangay tanods; and by guardians when it is done by police ocers. Although required by law, the investigation of children is usually conducted without the presence of a lawyer. Only a very small number of barangay tanods ngerprint children compared with more than half of the respondent police ocers. The practice of ngerprinting children is more common with the police. However, when asked if ngerprint les of children are kept separate from those of adults, the gures become smaller, both with the barangay tanods and with police ocers. With respect to taking the pictures of children, only a small number of barangay tanods responded that their ocers take the photographs of children. Taking the pictures of persons arrested do not seem to be a practice within the community level with some barangay tanods saying that they do not have the resources to do so. More than half of respondent police ocers said that taking the photograph of children is practised in their oce. However, only half of said respondents said

that the photograph les of children are kept separate from adults. Based on the answers of both barangay tanods and police ocers, the removal and destruction of ngerprint and photograph les of children, if the case against the child is not led or dismissed or when the child reaches the age of 21 and there is no record that he committed an oence when 18 years of age is reached, is rarely practised in both the community and law enforcement level. Only few oces, where respondent barangay tanods and police ocers work, keep the blotters and records separate for children in conict with the law. The number of police ocers who said that their oces keep separate records and blotters for children is slightly higher than that of barangay tanods. Comparing the answers of the police ocers and barangay tanods, more police ocers implement the provisions of the law than the latter from informing the children the reason for their custody, taking the child to the appropriate agencies for physical and mental examination, detaining children in quarters separate from adults and that of the opposite sex, investigating the child in the presence of another person, and providing separate blotters and records for children. This is because police ocers receive more training on the legalities of apprehension and the rules that should be followed when apprehending persons, especially children, compared to barangay tanods. As barangay tanods also come into direct contact with children in conict with the law and they are sometimes the rst contact that the child has in the criminal justice system, focus should be given to the training of the barangay tanods on the proper handling of children in conict with the law, not only in terms of what is provided under the law but also in handling the child with sensitivity.

Chapter 7 Observance of Laws

135

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Court And Prosecution


BACKGROUND The prosecution and trial of the child is under the jurisdiction of the Family Courts. The establishment of the Family Court is based on R.A. No. 8369. The Family Courts shall have exclusive original jurisdiction to hear and decide the following cases: a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age, or where one or more of the victims is a minor at the time of the commission of the oense; Provided, That if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. The sentence, however, shall be suspended without need of application pursuant to Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code. x x x i) Cases against minors cognisable under the Dangerous Drugs Act, as amended; x x x.387 The rules of procedure that apply to cases involving Children in Conict with the Law are the Rules on Juveniles in Conict with the Law, Administrative Matter No. 02-1-18-SC, which became eective on 15 April 2002. Supplemental are the Revised Rules of Criminal Procedure, to the extent compatible with the former. Although the said rules are the most recent promulgation on children, provisions of P.D. 603, as amended, that are applicable to children are still in force, including some provisions on suspension of sentence.

PROCEDURE The procedure governing the prosecution and trial of the child is governed by the recent Rules on Juveniles in Conict with the Law. This Rule has the eect of revising the relevant provisions of the Rules of Court over cases, which involve children. The prosecution of a child begins upon the ling of a complaint with the prosecutor or the municipal trial court if a preliminary investigation is required, or directly with the Family Court, if preliminary investigation is not required.388 Note that in Manila and in most chartered cities, the complaint shall be led with the Oce of the Prosecutor.389 Cases, which do not require preliminary investigation, are those that are subject to the summary procedure.390 The prosecutor or the municipal trial court judge conducts the preliminary investigation in accordance to the provisions of Section 3, Rule 112, Revised Rules on Criminal Procedure.391 Sec. 3. Procedure. The preliminary investigation shall be conducted in the following manner: (a) The complaint shall state the address of the respondent and shall be accompanied by the adavits of the complainant and his witnesses, as well as other supporting documents to establish probable cause. They shall be in such number of copies as there are respondents, plus two (2) copies for the ocial le. The adavits shall be subscribed and sworn to before any prosecutor or government ocial authorized to administer oath, or, in their absence or unavailability, before a notary public, each of whom must certify that he personally examined the aants and that he is satised that they voluntarily executed and understood their adavits.

136

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

(b) Within ten (10) days after the ling of the complaint, the investigating officer shall either dismiss it if he nds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting adavits and documents. The respondent shall have the right to examine the evidence submitted by the complainant which he may not have been furnished and to copy them at his expense. If the evidence is voluminous, the complainant may be required to specify those which he intends to present against the respondent, and these shall be made available for examination or copying by the respondent at his expense. Objects as evidence need not be furnished a party but shall be made available for examination, copying, or photographing at the expense of the requesting party. (c) Within ten (10) days from receipt of the subpoena with the complaint and supporting adavits and documents, the respondent shall submit his counter-adavit and that of his witnesses and other supporting documents relied upon for his defence. The counter-adavits shall be subscribed and sworn to and certied as provided in paragraph (a) of this section, with copies thereof furnished by him to the complainant. The respondent shall not be allowed to le a motion to dismiss in lieu of a counter-adavit. (d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-adavits within the ten (10) day period, the investigating office shall resolve the complaint based on the evidence presented by the complainant. (e) The investigating ocer may set a hearing if there are facts and issues to be claried from a party or

a witness. The parties can be present at the hearing but without the right to examine or cross-examine. They may, however, submit to the investigating ocer questions, which may be asked to the party or witness concerned. The hearing shall be held within ten (10) days from submission of the counter-adavits and other documents or from the expiration of the period for their submission. It shall be terminated within ve (5) days. (No.) Within ten (10) days after the investigation, the investigating ocer shall determine whether or not there is sucient ground to hold the respondent for trial. Hearings may be conducted for claricatory questions, in which case, the Rule on Examination of a Child Witness shall apply.392 If the investigating prosecutor nds probable cause to hold the child for trial, he or she shall prepare the corresponding resolution and information, furnishing the child, the parents or nearest relative or guardian, and the childs counsel, copies of the approved resolution.393 The corresponding information shall be led in the Family Court having jurisdiction over the oence.394 Where the case involved falls under the Rule on Summary Procedure, the child shall be released on recognizance to their parents or other suitable person who shall be responsible for the childs appearance in court when required.395 Otherwise, the child shall be admitted to bail. Bail shall be a matter of right, except in cases where the imposable penalty is death, reclusion perpetua or life imprisonment. However, where the child does not pose a threat to public safety, the Family Court may order the release of the child on recognizance.396 In the latter cases, the child may not be admitted to bail when the evidence of guilt is strong.397 In cases where the child cannot furnish bail or is denied
Chapter 7 Observance of Laws

137

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

bail, he or she shall be committed by the family court to the care of the DSWD, a youth detention centre, or a local rehabilitation centre recognised by the government. Such centre or agency shall be responsible for the appearance of the child in court.398 When the criminal case has been instituted in court, the court social worker shall immediately conduct a case study of the child, his/her family, his/her environment and other relevant matters that will facilitate the proper disposition of the case. The case study report shall be submitted to the family court within the period xed, preferably before arraignment.399 In cases where the maximum penalty imposable is imprisonment of not more than six months, or only a ne, the case shall be referred to the Diversion Committee for determination of whether or not the child can be considered for Diversion Proceedings.400 Otherwise, the case shall be set for arraignment. The arraignment shall be scheduled within seven days from the date the information is led with the Family Court, unless a shorter period is provided. It shall be conducted in the chambers of the judge, furnishing the child a copy of the complaint or information, and reading it to him or her in a familiar language, explaining the nature and consequences of a plea of guilty or not guilty, and asking him or her what the plea is.401 The pre-trial of the child shall be conducted in accordance with the Revised Rules of Criminal Procedure, which shall consider the following: (a) plea bargaining; (b) stipulation of facts; (c) marking for identication of evidence of the parties; (d) waiver of objections to admissibility of evidence; (e) modication of the order of trial if the accused admits

the charge but interposes a lawful defense; and (f ) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.402 All agreements and admissions made during the pretrial conference shall be in writing and signed by the child and his/her counsel; otherwise, they may not be used against the child.403 Non-appearance of either the counsel for the child or the prosecutor shall be subject to proper sanctions or penalties.404 The judge, reciting the actions taken, the facts stipulated and evidence marked, shall issue a pre-trial order. This shall have the eect of controlling the course of the action during the trial, unless modied by the court to prevent manifest injustice.405 The trial of the child shall be conducted in a manner conducive to the best interests of the child,406 and shall be guided by the following principles: SEC. 30. Guiding Principles in Judging the Juvenile. Subject to the provisions of the Revised Penal Code, as amended, and other special laws, the judgment against a juvenile in conict with the law shall be guided by the following principles: 1. It shall be in proportion to the gravity of the oense, and shall consider the circumstances and the best interests of the juvenile, the rights of the victim, the needs of society in line with the demands of restorative justice. 2. Restrictions on the personal liberty of the juvenile shall be limited to the minimum. Where discretion is given by law to the judge to determine whether the penalty to be imposed is ne or imprisonment, the imposition of the former should be preferred as the more appropriate penalty. 3. No corporal punishment shall be imposed.407

138

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

After trial, the court shall determine whether the child is guilty or not guilty. If the child is not guilty, the court shall order the dismissal of the case. Otherwise, it shall impose the proper penalty, including any civil liability, and promulgate the sentence in accordance with the provisions of the Revised Rules on Criminal Procedure on Promulgation of Judgment.408 Sec. 6. Promulgation of judgment. The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. However, if the conviction is for a light oense, the judgment may be pronounced in the presence of his counsel or representative. When the judge is absent or outside the province or city, the judgment may be promulgated by the clerk of court. If the accused is conned or detained in another province or city, the judgment may be promulgated by the executive judge of the Regional Trial Court having jurisdiction over the place of connement or detention upon request of the court which rendered the judgment. The court promulgating the judgment shall have authority to accept the notice of appeal and to approve the bail bond pending appeal; provided, that if the decision of the trial court convicting the accused changed the nature of the oense from non-bailable to bailable, the application for bail can only be led and resolved by the appellate court.

the promulgation shall be made by recording the judgment in the criminal docket and serving him/ her a copy thereof at his/her last known address or through his/her counsel. If the judgment is for conviction and the failure of the accused to appear was without justiable cause, he/she shall lose the remedies available in these rules against the judgment and the court shall order his/her arrest. Within fteen (15) days from promulgation of judgment, however, the accused may surrender and le a motion for leave of court to avail of these remedies. He/she shall state the reasons for his/her absence at the scheduled promulgation and if he/she proves that his/her absence was for a justiable cause, he/she shall be allowed to avail of said remedies within fteen (15) days from notice.409
Where the child is found guilty, the sentence shall automatically be suspended after the promulgation of sentence. The case shall be the subject of the disposition conference, which shall be set within 15 days from the date of promulgation. The court social worker, the child, and his parents or guardian ad litem shall attend the conference. The court shall issue any of the following disposition measures: 1. Care, guidance, and supervision orders; 2. Community service orders; 3. Drug and alcohol treatment; 4. Participation in group counselling and similar activities; 5. Commitment to the Youth Rehabilitation Center of the DSWD or other centers for Children, authorized by the Secretary of the DSWD.410

The proper clerk of court shall give notice to the accused personally or through his bondsman or warden and counsel, requiring him to be present at the promulgation of the decision. If the accused was tried in absentia because he jumped bail or escaped from prison, the notice to him/her shall be served at his/her last known address. In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice,

Chapter 7 Observance of Laws

139

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

The DSWD shall be in charge of monitoring the disposition measure, and shall regularly submit a status and progress report to the family court. The court may set a conference for evaluation, preferably in the presence of the child, his or her parents or guardian or other persons whose presence may be deemed necessary.411 Automatic suspension of sentence shall, however, not be applicable in the following cases: 1. if the child has already enjoyed suspension of sentence; 2. if the oence is punishable by death, reclusion perpetua or life imprisonment; or, 3. if at the time of promulgation, the child has already reached at least 18 years of age.412 In such cases, the child shall serve the sentence accordingly. The family court shall dismiss the case against the child who has been issued disposition measures, and order a nal discharge if it nds that the child has behaved properly and has shown a capability to be a useful member of the community, and upon recommendation by the proper ocer or agency.413 On the other hand, the child shall be brought before the court for the execution of judgment in the following instances: 1. The child has not behaved properly; 2. The child has been incorrigible; 3. The child has not shown the capability of becoming a useful member of society;

4. The child has wilfully failed to comply with the conditions of his disposition or rehabilitation program; or 5. The childs continued stay in the training institution where he has been assigned is not in his best interests.414 Should judgment be executed, the child may apply for probation, if qualied under the provisions of the Probation Law.415 All proceedings and records involving children in conict with the law from initial contact until nal disposition of the case by the court shall be considered privileged and condential. The public may even be excluded from the proceedings.416 Measures to protect condentiality may include the following417: 1. Non-disclosure of records to the media; 2. Maintenance of a separate police blotter for cases involving children in conict with the law; 3. Adoption of a system of coding to conceal material information, which will lead to the childs identity; 4. Records shall not be used in subsequent proceedings or cases involving the same oender as an adult. 5. The court shall order the sealing of records in accordance with the provisions of Section 38 of the Rules on Juveniles in Conict with the Law.418

140

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

DATA Programmes for children. When the respondents were asked if they have specic programmes for children, majority (69.2%) have answered positively. Several respondents answered in the negative (21.5 per cent) and two respondents said it depends on certain circumstances.
Table 7.37.Whether or not the family court has special considerations/programmes for CICL Response
Yes No Depends No Answer

Table 7.38. Special considerations/programmes for CICL Programme


Monitor CICL Special treatment to CICL Priority in scheduling hearing of CICL cases Implementation of diversion Sensitive cases heard inside the chambers Orders release of child in recognisance Coordination with other agencies/NGOs Involvement of barangay ofcials Judge/court personnel conducts counselling CICLs brought to institutions/rehabilitation centres Impose minimum penalty Court social worker order to prepare intake report Use of livelink Hold family conferences Child sensitive Implement rules on child witness Referrals to doctors/psychologists Involvement of CICLs parents Home visits Orient CICL to court processes Disposition conferences Reparation of damages Reprimand/citation Participation in community programmes

No.
7 6 6 5 5 6 4 3 3 3 2 2 1 1 1 1 1 1 1 1 1 1 1 1

No.
45 14 2 4

per cent
69.2 21.5 3.1 6.2

Total

65

100

The respondents were consequently asked what these special programmes or consideration they practise in their family courts. Monitoring the child is the most common programme that respondents practise, with seven respondents giving such answer. Next were giving the child special treatments and giving priority in scheduling hearings of child cases, with six respondents who provided for such answers. In addition, the more common responses were implementation of diversion proceedings, conducting hearings of sensitive cases inside the judges chambers, and issuing orders to release the child on recognisance.

Total

64

Disposition conferences. When asked whether their respective family courts conduct disposition conferences, 60 per cent of the respondents said they did, while 27.7 per cent said they did not. Although most of them did answer that their courts conduct disposition conferences, it was not claried if they follow the procedure according to the Rules on Juveniles in Conict with the Law.

Chapter 7 Observance of Laws

141

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 7.39. Whether or not the family court conducts disposition conferences Response
Yes No Depends No Answer

No.
39 18 3 5

per cent
60.0 27.7 4.6 7.7

Total

65

100

Majority of the respondents (55.4 per cent) answered that their family courts practised diversion proceedings under the Rules. However, quite a substantial number of respondents also said their courts did not practise it, and a couple of respondents said that it depends on the private complainant.
Table 7.41. Whether or not the family court practises diversion proceedings under the Rules on Juveniles in Conict with the Law Response
Family court practises diversion proceedings Family court does not practise diversion proceedings Depends No Answer

Those who answered depends, constituting 4.6 per cent of the respondents, specied the instances when their family courts conduct disposition conferences, ie, depending on the nature of oence; the nal disposition of suspended sentence; or the parents of the child complainant and child in conict with the law. Diversion. Thirty-seven (37) respondents said their respective family courts already have a diversion committee. Although this number is a majority, comprising 56.9 per cent, a considerable number of respondents said they did not have a diversion committee in their courts, or that the existence of a diversion committee depends on certain circumstances, ie, decision of the prosecutors or the nature of the oence. During some of the interviews, it appeared that some respondents are not aware of the diversion committee in their courts, even if it was possible that there already was a diversion committee.
Table 7.40. Whether or not the family court already has a diversion committee RESPONSE
Has diversion committee Has no diversion committee Depends No Answer

No.
36 22 2 5

per cent
55.4 33.8 3.1 7.7

Total

65

100

For those who answered that their family courts practised diversion, they were also asked to state which specic programmes their courts practise. Counselling programmes garnered the most number of armative answers with 30 respondents. Some courts, according to 24 respondents, also practised guidance and supervision orders. Return of property (with 22 armative responses) was the third among the most number of armative responses, followed very closely by written or oral reprimand or citation, payment of the damage caused (both with 21 armative responses), written and oral apology (with 20 armative answers) and institutional care and custody (with 18 armative answers).

No.
37 22 2 4

per cent
56.9 33.8 3.1 6.2

Total

65

100.0

142

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 7.42. Specic programmes for diverted CICL Programme


Counselling for the CICL and his family Guidance and supervision orders Return of property Written or oral reprimand or citation Payment of the damage caused Written or oral apology Institutional care and custody Participation in available communitybased programmes Work-detail programme in the community Values formation Anger management skills

No.
30 24 22 21 21 20 18 11 9 5 4

per cent
46.2 36.9 33.8 32.3 32.3 30.8 27.7 16.9 13.8 7.7 6.2

Trial of childrens cases. When asked if their courts excluded the public during trials of CICL cases, less than a majority said yes (38.5 per cent) while 30.8 per cent of them said that the exclusion of the public during trial depends on certain circumstances, which are outlined on the table below. It is common practice among family courts to conduct the hearing of cases involving children in conict with the law in public. Closed-door hearings are more of an exception.
Table 7.44. Whether or not the court allows the exclusion of the public from trial of CICL cases Response
Yes No Depends No Answer

No.
25 15 20 5

per cent
38.5 23.1 30.8 7.7

Problem solving and/or conict resolution skills

6.2

Multiple response: N = 65 Guardian ad litem. Out of the 25 respondents who gave this response, most of them said that their family courts appoint guardians ad litem in cases where the child has no parents or guardians with him or her. Moreover, in some instances, even when there are parents, the parents and the family are not capable of giving guidance to the CICL during the hearings.
Table 7.43. Instances when the family court appoints a guardian ad litem for a CICL Response
No parents/guardians No lawyer Family/parents not capable When CICL released on recognizance Parents cant be found/unknown CICL engaged in prostitution CICL exploited Children from remote areas

Total

65

100

Table 7.45.Special circumstances when trials involving CICL are held in private Circumstance
Sex-related offences Victim is also a minor CICL requests exclusion of public Nature of the case Sensitive cases For arraignment only

No.
5 4 2 2 1 1

Total

15

No.
11 1 5 3 2 1 1 1

Total

25

When asked if there are specic days assigned for trials of children only, most respondents (53.8 per cent) said they did not have such special days assigned. A considerable number, however, said they did (33.8 per cent) but some of them explained that they assigned a specic time during the day for the hearing of children, which is usually at the end of the criminal days calendar for the day, to ensure that no other person not involved with CICL cases are inside the court room anymore. The instances where there are specic days

Chapter 7 Observance of Laws

143

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

assigned for trial only of children, which those who answered depends have cited, include cases involving child complainants and depending on the nature of oences committed.
Table 7.46. Whether or not there are specic days assigned for the trial ONLY of CICL (to the exclusion of other criminal cases) RESPONSE
1 Yes 2 No 3 Depends No Answer

Table 7.47. Terms used by lawyers and court ofcers in family courts to refer to CICL Response
Accused Youth offender Minor By name Juvenile Juvenile delinquent Juvenile in conict with the law Minor offender Minor accused Minor/child suspect Child/children Minor in conict with the law Vagrant Defence/defendant Parties Juvenile offender Anak (my child) Private offender Suspect

No.
22 13 12 7 6 5 4 3 3 2 2 2 2 2 1 1 1 1 1

No.
39 18 3 5

per cent
60.0 27.7 4.6 7.7

Total

65

100

Labelling of children. Most of the respondents (22) said that lawyers and court ocers generally refer to the child in conict with the law as accused. A considerable number still refer to the child as a youth oender and minor. In other instances, although a relatively small number, the child is still referred to as juvenile delingquent, suspect, vagrant, suspect, minor/child suspect, etc. However, there are a few who already refer to the CICL as juvenile in conict with the law or minor in conict with the law, or referring to the child by his/her given name or using terms of endearment like, anak or child. Condentiality and privacy. It can be seen from the responses that most of the interviewees practise condentiality. Although some did not answer this response, most of the respondents showed positive reaction to the response. Most of them said that the court requires that permission for anyone to see the records is necessary. Others also said they conduct interviews with the CICL in condence and privately. Media people are also not allowed by some. A few of them also seal the case study reports and keep them on separate les.

Total

90

Table 7.48. Measures taken to protect the condentiality/privacy of the CICL (from the time of ling up to the termination of the case) Measure
Require permission from judge to see records Interview with CICL condential and private Media not allowed Case studies sealed in envelope/separated CICL records kept separate Trial in chambers/public excluded Documents stamped with Juvenile in Conict with the Law Do not discuss case with others No practice

No.
25 6 5 3 3 3 2 2 1

Total

50

144

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

SUMMARY AND ANALYSIS Based on data generated from the interviews with respondents from the court and prosecution pillar, it is apparent that majority of them are at least familiar or aware of the procedure involving the prosecution and trial of cases involving children in conict with the law, and whose family courts are conducting the trial of CICL cases in accordance with the Rules on Juveniles in Conict with the Law. It must be noted, though, that respondents made certain explanations regarding their own interpretation of the Rules. While a few discussed that their courts followed the Rules to the letter, some of them apply the Rules liberally, especially when it involves the application of the diversion programmes. According to the Rules, diversion proceedings before arraignment shall only apply if the CICL is charged with an oence punishable by imprisonment for a maximum period of not more than six months, or if the penalty is only a ne, regardless of amount.419 Based on the remarks of several respondents, they conduct diversion proceedings even if the oence involved is punishable by imprisonment of more than six months. They say there are very few cases nowadays, which involve penalties less than six months. If they do not apply diversion proceedings for CICL cases, which do not qualify under the law, most, if not all of these cases will have to undergo the regular procedure, and will generally not be to the best interests of the child. The data gathered for this project reveals that majority of the respondents arm the existence of a diversion committee in their respective courts. However, their observations on how the procedure is applied shows that there is no hard and fast rule for the courts to follow, given the dierent situations that may involve court dockets, and limitations in facilities in courts. Although some respondents appeared at a loss on how to conduct diversion proceedings, they claim that they

use their best judgment in conducting proceedings to ensure that they consider the best interests of the child, even if they do not strictly abide by the Rules. It can be observed further that although most of the respondents said their courts have diversion committees and practise the diversion proceedings, quite a number of them said that their courts still do not. Notably, the Rules became eective on 15 April 2002. Given the lapse of time from its eectivity to the dates the interviews for this project was conducted, it may be inferred that strict compliance to the Rules by family courts has not been enforced fully. Based on the comments of some respondent judges, it seems that they have not been properly informed or briefed on how the Rules should apply. Consequently, their liberal and informal application takes precedence, of course with consideration of the best interests of the CICL. Worth noting are the responses of the interviewees to the questions including the exclusion of the public during trial of CICL cases (See Q.5.8 under C Data). Majority said their courts allowed for exclusion, and close to that number said that it depends. At the onset, it would appear that there are courts, which do not comply with the Rule on exclusion. If the Rules will be read closely, however, it states that the courts may exclude the public.420 This means it is not mandatory. Hence, the courts are giving the discretion to determine whether the public will be excluded or not. Another notable observation is the respondents answers to the questions on what terms are used by court ocers and lawyers during proceedings to refer to the CICL. According to some of them, the ocers refer to children as accused, accused minor, juvenile delinquent, minor, generally. While a few refer to the CICL by their rst names, most of them still use terms, which according to the Rules are prohibited
Chapter 7 Observance of Laws

145

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

terms.421 Somehow, this shows that the courts have generally not yet strictly enforced the prohibition against labelling of children. In sum, most of the data gathered can show that some family courts are already compliant with the Rules on Juveniles in Conict with the Law. However, it is also very clear that the enforcement of the Rules, as well as the premises that touch on the best interests of the child, which the Rules are based on, has much room for improvement. APPLICABLE RULES ON PRELIMINARY INVESTIGATION According to the Rules on Juveniles in Conict with the Law, where preliminary investigation is required, the rules that will be followed will be the provisions of Section 3 of Rule 112 of the Revised Rules on Criminal Procedure. If these provisions were to be applied, it would take at least 25 days422 before the case will be led or dismissed, if the prosecutor nds grounds to continue with the investigation and if he nds it necessary to set the case for hearing. It would appear that at least 25 days might not be favourable to the child considering that most children would have been detained during the duration of the Preliminary Investigation. Upon the ling of information, the court may immediately order the release of the child on recognizance or on bail. Except in certain circumstances, it would not be in the best interest of the child to be held in custody for 25 days only while his or her case is undergoing preliminary investigation.

It may be recommended that the same diversion proceedings as in the family courts be applied even during the preliminary investigation stage, to ensure that the release of the child will be facilitated. APPLICABILITY OF THE RULE ON SUMMARY PROCEDURE FOR CHILDRENS CASES Some of the respondents have suggested that to ensure that the childrens cases will be expedited, the procedure that may be applied will be the Rule on Summary Procedure. It would seem that if the CICL case does not qualify for diversion under the Rules on Juveniles in Conict with the Law, the child goes through the trial in accordance with the Revised Rules of Criminal Procedure, which applies to accused adults as well. It is noticeable that although the Rules on Juveniles in Conict with the Law has introduced new procedures for the prosecution and trial of CICL, it would still seem that the procedure that generally applies, particularly in the preliminary investigation, pre-trial, trial and promulgation stages, are the provisions of the Revised Rules of Criminal Procedure, with reference to the Rule on the Examination of Child Witness. The expediency that is being sought in dealing with CICL cases may not be fully answered by the new rules. Applying the Rule on Summary Procedure may be one way to ensure the protection of the best interests of the child. The Rule on Summary Procedure was also discussed in the preceding chapter on City and Barangay Ordinances.

146

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Bureau of Jail Management and Penology Ofcials and House Parents


BACKGROUND The following ocials were interviewed as representatives of the correction level: Bureau of Jail Management and Penology (BJMP) ocers Houseparents in youth detention centres In Paraaque and Caloocan where there are no separate detention centres for children in conict with the law, BJMP ocers where interviewed to represent the correction level. Although there is a separate youth detention centre in Quezon City, which is the Molave Youth Reception Center, the Center also receives assistance from the BJMP in terms of security. Hence, the BJMP ocers assigned in Molave were also interviewed. In Pasay Youth Homes and Manila Youth Reception Center, the respective houseparents assigned were interviewed. Houseparents assist in providing the basic need, ie, food and clothes, of children in conict with the law. To maintain a more liberated atmosphere than the jail, youth detention centres employ houseparents rather than jail guards. PROCEDURE If a child is unable to furnish bail after arrest, he or she is required to be committed to the care of the DSWD, the local rehabilitation centre or a detention home in the city while being held for physical and mental examination, trial or pending appeal. The centre is the one responsible for the childs appearance in court.423

DATA
Separate detention quarters

Separate from convicted juveniles. In Caloocan and Paraaque where children are detained in city jails, children undergoing trial are not separated from children who have already been convicted by courts. According to one BJMP ocial interviewed in Paraaque, the city jail detains children sentenced with imprisonment of three years or less. In Manila, Pasay and Quezon City where there are separate detention and rehabilitation centres, ocials from Manila and Pasay responded that children undergoing trial are kept separate from convicted children at the Manila Youth Reception Center and Pasay Youth Home. In Quezon City, convicted children are not detained at the Molave Youth Reception Center. Separate from adult oenders. In Caloocan and Paraaque city jails where adults are also detained, the cells of male children are separate from the cells of male adults. Nevertheless, it has been observed that there have been instances wherein children mingle freely with adult inmates since all cells are located in one building (Paraaque City Jail) or one compound (Caloocan City Jail). Based on the interviews with BJMP ocials in the Caloocan City Jail, female children are kept separate from female adult oenders. However, in Paraaque, female children are detained with female adults. According to the ocials interviewed, there are only few female children and female adult oenders detained. Separate cells for male and female CICL. Except for one, all respondents (87.5 per cent) from the ve cities said that male children are kept separate from female children. One respondent did not give an answer. During the interviews conducted, it was observed that children indeed have separate quarters from that of the opposite sex.
Chapter 7 Observance of Laws

147

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 7.49. Whether or not male CICL are separate from female CICL Response
Yes No No Answer

Table 7.50. How to ensure that the CICL has a valid commitment order issued by competent authority Response
Conrm order by court/judge Ensure inquest by scal Ensure medical certicate is presented

No.
7 0 1

per cent
87.5 12.5

No.
2 1 1

Total

100

Total

ENSURING PRIVACY AND CONFIDENTIALITY When respondents were asked how they ensure that the communication of the child with his or her counsel is private and condential, six of the respondents said they make sure the interview between the child and the lawyer is private. Some of the respondents indicated that the counsel and the child are left alone and if possible, use of a private room is granted, ie, in the chapel or oce of the BJMP ocial. VALID COMMITMENT ORDER When asked if they ensure that the child has a valid commitment order issued by a competent authority, four of the respondents replied in the positive. Said respondents ensure such by: conrming that an inquest has already been conducted by the public prosecutor or scal; making sure that a medical certicate is presented; or conrming the order by the court or judge. However, in one interview, one of the respondents brought forth the information that there were instances wherein parents asked jail ocials to temporarily keep the child for safekeeping. The child may have encountered trouble outside (ie, in gangs, fraternities, or school trouble). Even without a criminal case, the child is then detained in jail.

RULES AND REGULATIONS When asked if there are rules and regulations in detention facilities, 75 per cent of the respondents answered yes. Two of the respondents did not give an answer. When asked if there are separate rules and regulations for children, 50 per cent of the respondents answered no; 37.5 per cent answered yes; and one (12.5 per cent) respondent did not give an answer.
Table 7.51. Whether or not there are rules and regulations in the detention facilities Response
Yes No No Answer

No.
6 0 2

per cent
75.0 25.0

Total

100

Table 7.52. Whether or not there are separate rules and regulations for CICL Response
1 Yes 2 No No Answer

No.
3 4 1

per cent
37.5 50.0 12.5

Total

100

However, when asked if they provide children with a copy of such rules and regulations, 50 per cent of the respondents said that the rules and regulations were not written; 37.5 per cent said they give children a copy; and one (12.5 per cent) respondent did not give an answer.

148

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 7.53. Whether or not the CICL is provided with a copy of the rules and regulations mentioned Response
Yes No Do Not Know Rules and Regulations Not Written No Answer

RECORD KEEPING When asked if their oce keep separate records for children and adults, majority of the respondents (62.5 %) said yes. Two respondents (25 per cent) said no, and one respondent (12.5 per cent) did not give an answer. The respondents who answered no and said they do not keep a separate record for children, are from Caloocan and Paraaque City Jails, where children are detained with adults.
Table 7.56. Whether or not the ofce keeps separate records for CICL and adults Response
Yes No No Answer

No.
3 0 0 4 1

per cent
37.5 50.0 12.5

Total

100

MEDICAL EXAMINATION An overwhelming majority of the respondents (87.5 per cent) said that children undergo medical examination upon admission to the detention facility. One (12.5 per cent) respondent did not give an answer.
Table 7.54. Whether or not CICL undergo medical examination upon admission to the detention facility Response
Yes No No Answer

No.
5 2 1

per cent
62.5 25.0 12.5

Total

100

No.
7 0 1

per cent
87.5 12.5

Total

100

In order to maintain the condentiality of the childrens records, the respondents restrict access to records, require the permission of the warden before accessing the records, or assign a record ocer or social worker to keep the records.
Table 7.57. How condentiality of the CICLs records is maintained Response
Access restricted Request permission of warden Record ofcer assigned Social Worker keeps the records

INTERPRETER With respect to the availability of an interpreter for a child who does not understand the language used by detention personnel, an overwhelming majority of the respondents (87.5 per cent) said there is no interpreter available. One (12.5 per cent) respondent did not give an answer.
Table 7.55. Whether or not there is an interpreter available for CICL who do not understand the language used by detention personnel Response
Yes No Do Not Know No Answer

No.
4 1 1 1

Total

No.
0 7 0 1

per cent
87.5 12.5

Total

100

When asked if the children may contest their les, an equal number of respondents answered yes (37.5 per cent) and no (37.5 per cent). One respondent each (12.5 per cent) answered do not know and gave no answer. For those who answered yes, respondents said the procedure to contest the les might be done through the courts with the record ocer, or by producing proof of the item contested.

Chapter 7 Observance of Laws

149

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 7.58. Whether or not CICL are allowed to contest their le/record Response
Yes No Do Not Know No Answer

Table 7.61. Whether or not CICL are allowed to use their own clothing Response
Yes No

No.
3 3 1 1

per cent
37.5 37.5 12.5 12.5

No.
7 1

per cent
87.5 12.5

Total

100

Total

100

Table 7.59. Procedure for contesting les/records of CICL Response


Through the courts Talk with record ofcers Produce proof

No.
1 1 1

Total

Majority of respondents (62.5 per cent) said they allow the child to possess personal eects in detention; two respondents (25 per cent) said they do not allow the child; and one respondent (12.5 per cent) said it depends on the personal eects. A child may be allowed to have personal eects provided such cannot be used as weapons.
Table 7.62. Whether or not CICL are allowed to possess personal effects Response
Yes No Depends

PROVISIONS:

BED, PERSONAL EFFECTS, FOOD

Majority of the respondents (50 per cent) said the children are provided with separate, sucient and clean beddings, 25 per cent answered no, and 25 per cent said that it depends. With respect to children staying in jails, the availability of beddings depends on the donations of civic organisations and NGOs. In jails, children usually sleep on the oors covered with papers or mattresses, if available.
Table 7.60. Whether or not CICL are provided with separate, sufcient and clean bedding Response
Yes No Depends

No.
5 2 1

per cent
62.5 25.0 12.5

Total

100

No.
4 2 2

per cent
50.0 25.0 25.0

When asked how much amount is allotted for the childrens food, six out of eight respondents gave the following answers: Php30 (5); Php20 (1 from Molave Youth Reception Center); and Php90 (1 respondent from Caloocan City Jail). Across the cities, Php30 is the common amount allotted for the food of children based on the answers of the respondents.
Table 7.63. Amount allotted per day for the food of the CICL Amount No.
1 5 1 Twenty pesos Thirty pesos Ninety pesos

Total

100

An overwhelming majority of respondents (87.5 per cent) said they allow the child to use his or her own clothing. One respondent (12.5 per cent) said they do not allow the child to use their own clothing.

Total

150

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

EDUCATION AND TRAINING According to majority (62.5 %) of the respondents, their institutions provide children with the opportunity to continue their education. Three (37.5 %) of the respondents, from Paraaque City Jail and Pasay Youth Home, answered no. According to 6 (75 %) of the respondents, the classes are conducted inside the institution.
Table 7.64. Whether or not the CICL are provided opportunity to continue their education Response
Yes No

Vocational trainings given to children in detention may include any of the following: candle making, electrical training, cooking, paper recycling, toy making, handicraft, cross stitch, sewing;, slipper making or rosary bead making.
Table 7.67.Type of vocational training available to CICL Vocational training
Candle making Paper recycling Electrical training Cooking Toy making Handicraft Cross stitch Sewing Slipper making Rosary bead making

No.
4 1 2 2 1 1 1 1 1 1

No.
5 3

per cent
62.5 37.5

Total

100

Table 7.65. Whether education is conducted inside or outside the institution Response
Inside Outside No Answer

No.
6 0 2

per cent
75.0 25.0

Total

15

Total

100

According to the respondents in institutions, which allow children to continue their education, the children are allowed to nish elementary (42 per cent), high school (42 per cent), vocational training (8 per cent), and others (8 per cent) like non-formal education.
Table 7.66.Level of education the CICL are allowed to nish Level of education
Elementary High School College Vocational training Others

According to respondents (58.3 per cent), the trainings and seminars available to children inside institutions include the following: hygiene and health, vocational training, bible study, and skills training. Values formation (25 per cent), anger management skills (8.3 per cent), and problem solving skills (8.3 per cent) are also available to children.
Table 7.68. Type of training and seminars to which CICL have access Type of training/seminar
Anger Management Skills Problem Solving and/or Conict Resolution Skills Values Formation Others

No.
1 1 3 7

No.
5 5 0 1 1

per cent
42 42 8 8

Total

12

Total

12

100

Chapter 7 Observance of Laws

151

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Majority (62.5 per cent) of the respondents said there is a library inside the detention centres. Three respondents (37.5 per cent), from Molave Youth Reception Center and Caloocan City Jail, said there is no library inside the detention centre.
Table 7.69.Availability of a library inside the detention centre Response
There is a library There is no library Do Not Know No Answer

MEDICAL CARE The most common medical care available to children in detention are dental care and pharmaceutical products. Other medical care available includes mental care, preventive care and ophthalmological care.
Table 7.72.Types of medical care available to the CICL Types of medical services
Dental Pharmaceutical products Mental Preventive Ophthalmological

No.
5 3

per cent
62.5 37.5

No.
8 7 3 1 1

Total

100

Total

20

RELIGIOUS SERVICES All of the respondents said that religious services are allowed inside the detention centres and that children are given the right to be visited by religious representatives.
Table 7.70. Whether or not religious services are allowed inside the detention centre Response
1 Yes 2 No 3 Do Not Know No Answer

COMMUNICATION All of the respondents said that children are allowed to communicate with their families and friends through letters. However, with respect to communication through telephone, half of the respondents (50 per cent) said that children are not allowed to communicate by phone, 25 per cent said yes, and 25 per cent said that it depends, ie, whether the situation is an emergency.
Table 7.73. Whether or not the CICL are allowed to communicate with families and friends through letters Response No.
8 0

No.
8 0 0 0

per cent
100.0 -

Total

100

per cent
100.0 -

Table 7.71. Whether or not the CICL are given the right to receive visits from a representative of the religion of their choice Response
Yes No

Yes No

No.
8 0

per cent
100.0 -

Total

100

Total

100

Table 7.74. Whether or not the CICL are allowed to communicate with families/friends through the telephone Response
Yes No Do Not Know Depends

No.
2 4 0 2

per cent
25.0 50.0 25.0

Total

100

152

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

One half (50 per cent) of the respondents replied that they do not know if children are allowed to visit their homes and families. Three respondents (37.5 per cent) said they allow the children, and only one (12.5 per cent) said that children are allowed to visit their homes and families. However, the respondents mentioned that there were cases wherein children were allowed to visit their homes and families when there is a court order or when there is death in the family.
Table 7.75. Whether or not CICL are allowed to visit their homes and families Response
Yes No Do Not Know

TREATMENT OF CHILDREN With respect to questions on the treatment of detention ocials, some respondents were quite adamant in answering questions. Based on their answers, six out of eight respondents revealed that they rarely observed their colleagues use force or physical harm on the child nor do they place child in solitary connement. However, one respondent indicated that it happened. Five out of eight respondents said they did not witness sexual harassment or abuse of children and carrying of rearms or weapons in front of the child. With respect to carrying of weapons in front of the child, two of the respondents revealed that it occurs in their institutions. Four out of eight respondents said they have not observed the use of profane or vulgar words and two out of eight respondents have observed such on their colleagues. According to the respondents, the use of handcus on children by their colleagues is commonly observed. Three respondents said they have not observed it, one said it was common, and three have observed it happening.

No.
1 3 4

per cent
12.5 37.5 50.0

Total

100

ACCESS TO TELEVISION AND NEWSPAPER According to all the respondents (100 per cent), children have access to television. With respect to newspapers, majority of the respondents (75 per cent) replied that children do not have access to newspapers in their institutions.
Table 7.76. Whether or not the CICL have access to television Response
Yes No

No.
8 0

per cent
100.0 -

Total

100

Table 7.77. Whether or not the CICL have access to newspapers Response
Yes No

No.
2 6

per cent
25.0 75.0

Total

100

Chapter 7 Observance of Laws

153

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 7.78. Distribution of responses by observed behaviour of detention personnel when relating to CICL and frequency of the behaviour Behaviour among detention personnel
Use of vulgar/profane words Sexually harass or abuse Carry rearms or weapons in front of child Use handcuffs Use force or physical harm

1 Not At All 4
5 5 3 6

2 1
1 1 3

3 1
1

5 Common

No Answer 2
2 1

Total 8
8 8 8 8

1 2

Place child in solitary connement

The disciplinary measures imposed in the general population of prisoners, including adults, are the same as the disciplinary measures imposed on children. In imposing discipline, withdrawal of privileges, close connement and advice are given to both child and adult. Ocials also dialogue with the child and provide counselling as disciplinary measures.
Table 7.79. Type/kind of disciplinary measures generally imposed inside the detention centre Disciplinary measures
Withdrawal of privileges Close connement Give advice Dialogue with disciplinary board

FOLLOW-UP Only one-fourth of the respondents said they provide follow-up services upon release of the child. Of these respondents, two said they visit the home of the child or provide the child with livelihood loan. The rest of the respondents (75 per cent) replied that they do not provide livelihood services.
Table 7.81. Provision of follow-up services after the release of CICL Response
Yes No

No.
2 2 1 1

No.
2 6

Total

Total

Table 7.82. Type of follow-up services provided by the institution Follow-up service
Home visit Livelihood loan

No.
1 1

Table 7.80. Type/kind of disciplinary measure imposed on CICL inside the detention centre Type/kind of disciplinary measure
Withdrawal of privileges Close connement Give advice Dialogue with CICL Counselling

No.
4 1 1 1 2

Total

Total

154

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

PERSONNEL According to the respondents, the most common personnel in detention centres are social workers (21 per cent), teachers (17.2 per cent), psychiatrists (17.2 per cent), and psychologists (17.2 per cent). Counsellors (10 per cent) and vocational instructors (3.4) are also available. Others include dentists, doctors, criminologists, nurses, and house parents.
Table 7.83. Type of personnel in the detention centre Type of personnel
Teachers Psychiatrists Psychologists Social Workers Counsellors Vocational Instructors Others

Table 7.84. Penalties imposed on CICL who have tried to escape or who escaped but were later on recaptured Penalty
Solitary connement Detained back in jail Physical punishment Placement in Marillac Counselling Filing of additional case

No.
2 1 1 1 1 1

Total

No.
5 5 5 6 3 1 4

ALLEGATIONS OF ABUSE According to the respondents, in cases wherein there is an allegation of abuse by one child against another, one or several of the following procedures are followed: an investigation is conducted by the guard or houseparent on duty or the disciplinary board; an investigation is conducted by the warden or the Inspection and Investigation Branch and the warden decides; an investigation is rst conducted by the chair of the cell, the results are forwarded to the Inspection and Investigation Branch, and the BJMP gives the nal decision; there is suspension of privileges; or counselling is given to the child.
Table 7.85. Procedure followed when there is an allegation of abuse of one CICL by another Procedure
Investigation by the guard/houseparent on duty Investigation by the disciplinary board Counselling Suspension of privileges Investigation by the warden Investigation by the Inspection and Investigation Branch and Warden decides Investigation by chairman in the cell; forward to the Intelligence and investigation Branch; BJMP nal decision

Total

29

ESCAPES Among the eight respondents, one respondent from Quezon City (Molave Youth Reception Center) and Pasay City (Pasay Youth Home) revealed that one escaped in Molave and two escaped in Pasay. A news report on 12 September 2002 revealed that 30 minors escaped from the Manila Youth Reception Center by sawing the bars o the dormitory windows.424 According to the respondents, in cases wherein the child tried to escape or did escape and was later recaptured. Penalties include the following: solitary connement, physical punishment, transfer to Marillac, ling of additional case, counselling, and the child being placed again in detention.

No.
2 2 1 1 1 1 1

Total

Chapter 7 Observance of Laws

155

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

According to the respondents, when there is an allegation of abuse committed by a detention ocial against a child, the following procedure is undertaken: ling of an administrative case before the BJMP; investigation by the disciplinary board; investigation by the guard or houseparent on duty; or investigation by the Inspection and Investigation Branch. One respondent replied that no procedure if undertaken when there is such an allegation.
Table 7.86. Procedure followed when there is an allegation of abuse of a CICL by an ofcial of the detention centre Procedure
Administrative case before the BJMP Investigation by disciplinary board None Investigation by guard/houseparent on duty Investigation by the Inspection and Investigation Branch

VISITS BY JUDGES According to the respondents, judges visit the institutions once a year (37.5 per cent) or more than three times. Some respondents said the judges never visited (12.5 per cent). Others visited the institutions they work for twice or thrice.
Table 7.88. Frequency by which judges visit the detention centre Frequency
Never Once a year 2 or 3 times a year More than 3 times

No.
1 3 1 3

No.
2 2 1 1 1

Total

SUMMARY AND ANALYSIS With respect to correction level, a major concern is the lack of separate detention centres for children in conict with the law, specically in the cities of Caloocan and Paraaque. This has been pointed out by several surveys and studies conducted before this project. Even though the children are detained inside cells separate from adults in said cities, the children still have the opportunity to mingle closely with adults since their cells are located in one compound. Aside from the lack of separate detention centres, said cities face challenges in terms of keeping a healthy and sanitary environment and facilities for the physical health of the children detained. An increase in the food allowance of children is also in order for their maximum growth and development given the circumstances they are in. Medical services available to children should also be expanded.

Total

According to the respondents, the following ocials conduct the investigation when there is an allegation of abuse committed against a child: disciplinary board, warden, guard on duty, inspection and investigation unit, house parent, or the prison cell chairperson.
Table 7.87. Personnel in charge of investigating allegations of abuse committed against CICL Personnel
Disciplinary board Warden Inspection and Investigation Unit Guard on duty Houseparent Prison cell chairperson

No.
2 2 2 1 1 1

Total

156

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Programmess for the education and psychosocial rehabilitation of the children also need strengthening. Children who were studying before their detention should be given the opportunity to continue their studies or pursue activities that would enrich their mental and psychological well-being. Focus should be given on not only vocational, skills training, and moral development of the child but education services that would be able to let him or her continue his or her studies after detention. Rules and regulations, both written and oral, in the detention facilities and city jails are applicable to both adult and children. There may be a need to establish separate rules and regulations for children due to their special circumstance. The imposition of disciplinary measures on the general population of prisoners, including children is also a cause for concern. In imposing discipline, withdrawal of privileges, close connement and advice are given to both child and adult. The appropriateness of these forms of discipline on children may be questioned. As to the treatment of detention ocials, some respondents were quite adamant in answering questions. Although rare, use of force or physical harm on the child or placement of child in solitary connement has been witnessed as with the carrying of weapons in front of the child and use of profane or vulgar words. The use of handcus on children has been commonly observed. With respect to the improvement of services oered by the correction level, children themselves gave suggestions. When 35 children were interviewed for the case

studies, they suggested the following recommendations to the correction pillar: To treat children humanely and respect them properly To provide them education and other training skills To strictly separate the males from the females To provide venue and opportunity for open-forum activities To improve the manner of discipline given to them For more ocials to take care of their cases To be given more food To provide recreational activities The children also requested for additional funding for: Food Adequate and clean water Medicines Clothing supplies, slippers, and toiletries Proper ventilation Books and other educational supplies Recreational activities Other training programmes Trash cans For cleaning and beautication purposes More rehabilitation centres and services

Chapter 7 Observance of Laws

157

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Probation
BACKGROUND Probation ocers in Caloocan, Pasay and Quezon City with experience in handling such cases were interviewed. According to the probation ocers in Paraaque and Manila, there was no incidence of children (including persons who were minors at the time of commission but already adults at the time of promulgation) that applied for probation in their respective cities.

PROCEDURE427 In case the child is qualied, he or she may apply to the court, which gave the order of conviction. Under the law, the ling of the application is deemed a waiver of the right to appeal. Upon order of the court, the probation ocer is mandated by law to conduct an investigation and submit a report within 60 days from receipt of order. The court must resolve the application for probation within ve days from receipt of the report. An order granting or denying the probation cannot be appealed. If granted, the probation order takes eect immediately upon its issuance. The court may, during the period of probation, revise or modify the conditions or period of probation upon application of the probationer or the probation ocer. If a violation of the conditions by the probationer is established, the court may revoke or continue his or her probation and modify the conditions thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed. After the period of probation and upon consideration of the report and recommendation of the probation ocer, the court may order the nal discharge of the probationer when there is a nding that he or she has fullled the terms and conditions of his/her probation. Thereupon, the case is deemed terminated.

In general, the Probation Law of 1976, as amended, does not cover children in conict with the law. However, if the child has previously enjoyed the benets of suspended sentence, he can no longer avail of suspension of sentence again.425 Instead, the child may apply for probation provided he is not disqualied from such. Under the law:
The benets of this Decree shall not be extended to those: (a) Sentenced to serve a maximum term of imprisonment of more than six years; (b) Convicted of subversion or any crime against the national security or the public order; (c) Who have previously been convicted by nal judgment of an oense punished by imprisonment of not less than one month and one day and/or a ne of not less than Two Hundred Pesos; (d) Who have been once on probation under the provisions of this Decree; and (e) Who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof.426

158

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

DATA When the probation ocers were asked to provide the average number of persons who were minors at the time of commission but already of age at the time of promulgation who applied for probation, an overwhelming majority (83.3 per cent) of the probation ocers gave the gure ve or less. One probation ocer did not give an answer. An overwhelming majority (83.3 per cent) of the probation ocers also know of instances wherein the applicant for probation was minor at the time of commission and promulgation of sentence. One probation ocer said that he did not know of such an instance.
Table 7.89. Whether or not respondents know of minors [at the time of commission and promulgation] who availed of probation Response
Yes No No Answer

When the probation ocers were asked to identify the conditions to probation often violated by the child granted probation, they identied the following conditions as most common: Regular reporting to probation ocer (16.7 per cent); Reside at premises approved by it and not to change his/her residence without its prior written approval (16.7 per cent); and Other conditions related to the rehabilitation of the child (16.7 per cent).
Table 7.91. Conditions under the Probation Law of 1976 that are often violated by CICL Condition
Present himself/herself to the probation ofcer designated to undertake his/her supervision at such place as maybe specied in the order within seventy-two hours from receipt of said order Report to the probation ofcer at least once a month at such time and place as specied by said order Cooperate with a programme of supervision Meet his/her family responsibilities

No.
1

No.
5 1

per cent
83.3 16.7

2 1 0

Total

100

When asked if the minority of the applicant at the time of the commission of the crime is a positive factor in granting the application for probation, two thirds (66.7 per cent) of the respondents said yes. One third of the probation ocers interviewed did not give an answer.
Table 7.90. Whether or not the minority of the applicant at the time of the commission of the crime is a positive factor in granting the application for probation Response
Yes No No Answer

Devote himself/herself to a specic employment and not to change said employment without the prior written approval of the probation ofcer Undergo medical, psychological or psychiatric examination and treatment and enter and remain in specied institution, when required for that purpose Pursue a prescribed secular study or vocational training Attend or reside in a facility established for instruction, recreation or residence of persons on probation Refrain from visiting houses of ill-repute Abstain from drinking intoxicating beverages to excess Permit the probation ofce or an authorised social worker to visit his home and place of work Reside at premises approved by it and not to change his residence without its prior written approval; or Other conditions related to the rehabilitation of the defendant and not unduly restrictive of his/her liberty or incompatible with his/her freedom of conscience 2 2 1 1 1 0 1

No.
4 0 2

per cent
66.7 33.3

Total

100.0

Total

12

Chapter 7 Observance of Laws

159

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Out of four probation ocers who responded, one responded that probation has a positive eect on the child while three said that probation has no positive eect on the child. Two ocers did not give an answer.
Table 7.92. Observed effect of probation on CICL compared with adult offenders who were also granted probation Observed effect
Positive effect None No answer

Table 7.94. Presence of a separate facility established for instruction, recreation or residence of persons on probation who were minors at the time of commission of the crime Response 5.7
Present Not present No Answer

No.
1 0 5

per cent
16.7 83.3

Total

100

No.
1 3 2

SUMMARY AND ANALYSIS When the probation ocers were asked about cases of probation granted to children, cases wherein the oence was committed while the applicants were still children and they were still minors at the time of application or already adults at the time of application, they were able to recall only a few instances. When the researcher visited the oce of the Probation Administration to inquire about data on probation of those who were minors at the time of the commission of the oence, they were told that data were not segregated and presented according to the age of the applicant at the time of the commission of the oence. There is no way of tracing cases of probationers who were minors at the time of commission of the oence. The lack of concrete data on probation granted to minors may be explained by the few children who were convicted again for a second oence which exempts them from availing of suspension of sentence again and their current sentence may be for more than six years, or their previous conviction was imprisonment not less than one month and one day or a ne of not less than Php200, excluding them from the provisions of the Probation Law of 1976, as amended. This lack of data is aggravated by the insucient centralised system of monitoring and recording cases of children in conict with the law, from the time of their arrest up to the time of release or service of sentence.

Total

An overwhelming majority of the probation ocers (83.3 per cent) interviewed responded that there is no dierence in the programme of supervision between adults and children. One probation ocer (16.7 per cent) said there was a dierence and that the child is given an individualised treatment.
Table 7.93. Whether or not there is a difference between the programme of CICL and adult offenders granted probation Response
Yes No

No.
1 5

per cent
16.7 83.3

Total

100

When asked if there is a separate facility for the instruction, recreation or residence of persons on probation who were minors at the time of commission of the crime, an overwhelming majority (83.3 per cent) of the probation ocers interviewed gave no answer. One probation ocer (16.7 per cent) responded that there is a separate facility.

160

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

There are also cases wherein the child changes his/her name upon succeeding arrests. If such is the case and if it remains undiscovered by ocials during the trial, the child may again be placed under suspension of sentence if found guilty. In instances wherein the child comes under probation, it is up for the probation ocers to determine the age of the child, or if he or she is already an adult, to inquire on the age at the time of commission. Although only a few probation ocers were interviewed compared with other pillars, majority of those interviewed said that there is no dierence in the programme of supervision between adults and children. This may explain their responses when asked if they think probation has a positive eect on children compared with adults only one said it has a positive eect. However, majority of them said that when the applicant for probation committed the oence while still a minor, such a factor is positively considered for recommending to the court the approval of the application for probation. With respect to the conditions of probation commonly violated by the children, two of them are related to the residence of the child: change of residence without permission and failure to report regularly to the probation ocer. During the interviews for all the pillars, there were respondents who said that when parents move residences, they take the child with them, regardless of the consequences for the trial, rehabilitation or probation. The government ocers have a hard time tracing the child, especially when the family left for the province.

City Social Workers


BACKGROUND The appointment of a social welfare and development ocer is mandatory for city governments and they take charge of the oce of social welfare and development services. Although the responsibility of the national level DSWD with respect to children in conict with the law was not among the functions devolved to the cities, city social workers extend social services to said children. The city social workers come in contact and work with children in their respective cities once they enter the criminal justice system, specically, when a case has already been led in the family courts. DATA Based on the interviews conducted, Pasay City has the highest number of social workers (30), followed by Caloocan (11), and Paraaque (8). The exact number of city social workers in Manila and Quezon City, where there are several oces scattered throughout the respective cities, is unknown.428 In cities where there is a separate detention and rehabilitation centre for children in conict with the law, the numbers of social workers assigned are as follows: Manila Youth Reception Center (5), Pasay City Youth Home (5) , Molave Youth Reception Center (10). In the cities of Caloocan and Paraaque where the children are detained in city jails, two and eight social workers work with the children, respectively.

Chapter 7 Observance of Laws

161

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 7.95. Total number of city social workers and those working with CICL by city City
Pasay City Caloocan Paraaque City Manila

Table 7.97. Specic assistance provided by the city social worker to CICL Assistance
Counselling Case management Home visitation Legal assistance (follow-up court, public defender, etc.) Medical/dental/psychological assistance Skills management/training Educational assistance Catechism/spiritual assistance Provide food Livelihood skills

Total CSW
30 11 8 no data

CSW Working with CICL


5 2 8 5

No.
10 10 8 7 6 4 4 3 2 1

Quezon City

no data

10

Although city social workers become involved in all stages of the criminal justice system, from arrest to release of the child and upon serving sentence, an overwhelming majority becomes involved with the children at the following stages: upon release (17.5 per cent), trial (16.25 per cent), detention pending trial (16.25 per cent), and rehabilitation (16.25 per cent).
Table 7.96. Stages in the criminal justice system where social workers get involved in the case of CICL Stage
Upon Release Trial Detention pending trial Rehabilitation Preliminary Investigation While Serving Sentence Police Investigation Arrest Others

Total

55

No.
14 13 13 13 7 6 6 2 6

Majority of the social workers get involved in cases through referrals (62 per cent). When asked to identify the persons who made the referrals, the social workers identied the police, lawyers, court personnel, barangay ocials and concerned citizens. The childs parents, guardians or relatives (19 per cent) and NGOs also inform the city social workers about the case of the child, initiating the involvement of the city social workers. One city social worker indicated that they learn of the case of the child during jail visitations, hence, they get involved in the case and the welfare of the child.
Table 7.98. How the city social worker gets involved in the case of CICL Response
Referrals Parent/Guardians/Relatives NGOs Others

Total

80

No.
13 4 1 3

per cent
62 19 5 14

Among others, city social workers extend the following assistance to the children: counselling; case management; home visitation; legal assistance (through follow-up to the court and lawyers); and medical, dental and psychological assistance.

Total

21

100

162

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 7.99. Persons or agencies who made referrals to the city social worker Person/Agency
Police Court Lawyers Barangay ofcials Concerned citizens

No.
11 4 2 1 1

Total

19

In terms of services, the national-level DSWD may consider devolving such to city social workers since they are already performing such functions. However, in terms of keeping centralised information nationally on children in conict with the law, including networking with NGOs and facilitating the dissemination of such information, this is a function suited to the national oce. Based on the interviews, city social workers usually get involved with the children upon their release or from the trial stage onwards, including detention during trial. Although some of the city social workers get involved during the arrest period, the arrest and detention after arrest stages are areas that should be given focus. Even if the law provides immediate turnover of the child to the DSWD or local rehabilitation centre,429 there are instances wherein the child has to spend days in the jails in police precincts after their arrest. One way this may be prevented is for the social workers to conduct regular visits in police precincts.

SUMMARY AND ANALYSIS As mentioned above, the responsibility of the DSWD central oce with respect to children in conict with the law was not among the functions devolved to the cities. However, based on the interviews of city social workers conducted for this project, they already extend social services to said children. The services are more comprehensive with respect to cities with separate detention and rehabilitation centres for children like Manila, Pasay and Quezon City. This is due to the full-time work and focus given by social workers to children already detained in said centres.

Chapter 7 Observance of Laws

163

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

8 Diversion
This chapter presents the data collected on the views and practices of the respondents across all pillars of the criminal justice system regarding diversion. On April 15, 2002, the Rules on Juveniles in Conict with the Law issued by the Supreme Court became eective. The Rules dened diversion and provided for its coverage and procedure. However, for the purposes of the questionnaires,430 diversion was dened, not as the specic and technical term used in the Supreme Court Rule on Juveniles in Conict with the Law but as a general principle that the child should be removed from criminal justice processing, ie, settle the case within the respective ve pillars of the criminal justice system or not to proceed with the case itself. In compliance with its provisions, the Supreme Court of the Philippines issued the Rules on Juveniles in Conict with the Law,431 which took eect on 15 April 2002. The Rules dene diversion as an alternative childappropriate process of determining the responsibility and treatment of a juvenile in conict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court adjudication432 and diversion programmes as programmes that the juvenile in conict with the law is required to undergo in lieu of formal court proceedings.433 The diversion programme covers oences where the maximum penalty imposed by law for the oence with which the child in conict with the law is charged is imprisonment of not more than six months, regardless of ne or ne alone regardless of amount, and the corresponding complaint or information is led with the Family Court.434 The procedure provided in the Rule is as follows: 1. Referral to Diversion Committee Instead of setting the case for arraignment, the case will be referred to the Diversion Committee.435 Pending determination by the Committee, the court shall deliver the child on recognisance to the custody of his or her parents or legal guardian who shall be responsible for the presence of the child during the diversion proceedings.436 2. Conference The chairperson of the Committee shall call for a conference with notice to the child, his or her parents/legal guardian and his or her counsel, and the private complainant and his or her counsel, and recommend to the Family Court whether the

Basis
The Convention of the Rights of the Child provides that: 3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular: (b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. 4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the oence.

164

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

child should be diverted to a diversion programme or undergo formal court proceedings.437 3. Diversion recommended438 If the Committee recommends diversion, it shall submit the diversion programme439 for the child for the consideration and approval of the court. The Family Court shall set the recommendation and diversion programme for hearing within 10 days from receipt thereof.440 4. Closure order The child, subject of diversion proceedings, shall be visited periodically by the Family Court social worker who will submit to the Committee his or her reports thereon. If the child has complied with his or her undertaking, the Family Court shall issue the corresponding closure order terminating the diversion programme.441 In the event the court nds that the diversion programme will no longer serve its purpose, it shall include the case of the child in its calendar for formal proceedings.442
[See Figure 8.1 for the owchart of the diversion procedure.]

Views and Practice of the Five Pillars


DIVERSION OF CHILDREN FROM THE CRIMINAL
JUSTICE SYSTEM

Majority of the Community respondents (66 out of 118) and Barangay Tanod (31 out of 58) agree that ALL children should be diverted. Respondents from the Correction pillar were equally divided in terms of their responses. Majority of the City Social Workers (11 out of 17), Police (38 out of 77), and the Court and Prosecution (28 out of 65) answered that diversion will have to depend on several factors. In considering diversion, the priority and most common consideration among respondents is the gravity and nature of the oence committed by the child. The respondents said that their answers depend on the following factors: <table 8.2> LEVEL WHERE DIVERSION SHOULD OCCUR When given the choice, most of the respondents from the Community (77), Police (40), Probation (4), and City Social Workers (12) think diversion should occur at the community level. However, most of the Court and Prosecution (29) and Correction (4) ocials think that diversion should occur at all levels. The emphasis on community as the level at which the diversion process should occur may be explained by the communitys role in the life of a child. The community is composed of families to which a child belongs and its role in the formation of the child. Most of the interviewed respondents rely on the community, as the pillar, which is most familiar with the children and their family background. The members of the community interact with the child on a more personal level.

Chapter 8 Diversion

165

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 8.1. Distribution of responses regarding whether or not ALL CICL should be diverted from the criminal justice system by pillar Response
Yes No Maybe No Answer

Pillar of justice*
COMM 66 13 38 1 POL 27 11 38 1 BT 31 4 22 1 CRT/PROS 24 11 28 2 CORR 4 0 4 0 PROB 2 0 4 0 CS W 6 0 11 0

Total

118

77

58

65

17

* COMM stands for community; POL for police; BT for barangay tanod; CRT/PROS for courts and prosecution; CORR for correction; PROB for probation and CSW for city social worker.

Table 8.2. Considerations for diversion Factor


Gravity and nature of the offence Child is recidivist/repeat offender Case to case basis Personality or nature of the child Preference of complainant Age of child Cicl under the inuence of drugs Early resolution Precinct To separate from convicts

No.
76 12 6 5 4 4 2 1 1 1

Total

112

Table 8.3. Distribution of responses by Level where diversion should occur and by pillar Level
Community Law Enforcement Prosecution Court

COMM 77
6 2 1

POL 40
5 3 2

BT
5 3 3

CRT/PROS 27
7 6 10

CORR 3

PROB 4
1

CSW 12
2 1

All Levels

22

13

29

Table 8.4. Distribution of responses by whether or not the respondent PERSONALLY practises diversion and by pillar Response
Yes No No Answer

COMM No.
78 26 14

POL %
66.1 22.0 11.9

BT %
46.8 45.5 7.8

No.
36 35 6

No.
35 16 7

%
60.3 27.6 12.1

CRT/PROS No. %
48 12 5 73.8 18.5 7.7

CSW No.
13 3 1

%
76.5 17.6 5.9

Total

118

100

77

100

58

100

65

100

17

100

166

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

PRACTICE OF DIVERSION Majority of the respondents interviewed across all the pillars personally practise diversion. The City Social Worker (76.5 per cent) and the Court and Prosecution pillar (73.8 per cent) had the highest number of respondents who answered that they personally practise diversion; followed by the Community (66.1 per cent). Among the pillars, the Police had the lowest number of respondents who practise diversion (46.8 per cent). According to some of the police ocers, they do not practise diversion because they do not want to be accused by the complainants of favouring the children or of receiving money from the parents of the child. To prevent these accusations, they just endorse the case to the public prosecutors or the courts. Based on the interview of Community and Barangay Tanod respondents, the following forms of diversion practices emerged: Procedure under the Katarungang Pambarangay Law Informal talks with the child, giving him advice Children are given three chances, otherwise they are turned over to the DSWD Child asked to sign a letter, which promises that he will no longer violate the law Ask child to clean the streets or tasks to beautify barangay Call parents of the child and ask them to sign an agreement Talk with both parties and urge them to settle the case amicably Give sermon to parents and/or the child Ask parents or child to pay damages Give warning to rst oenders Ask children why they committed the crime

With respect to the Police ocers, they practise the following forms of diversion: Talk with the Complainants and if they agree, ask them to sign the blotter Ask the parents of the child to sign the blotter if there is settlement Encourage parents of child to talk with Complainant and the latter to settle the case To reprimand the child, ask child to clean the oce If rst time oender, child is given a warning and a second chance Ask guidance counsellor of school to be a witness Refer the child to the barangay Lecture the child, especially the parents The Court and Prosecution practise the following forms of diversion: Diversion under the Rule on Juveniles in Conict with the Law Talk with the police ocers and the complainant If the Complainant does not appear during trial, dismiss case Ask the Public Prosecutor if settlement is possible During pre-trial stage, ask the Complainant to settle the case When asked if their colleagues practise diversion, an overwhelming majority of Community respondents (61.6 per cent) and City Social Workers (64.7 per cent) and almost half (53.4 per cent) of the Barangay Tanod respondents answered in the armative. For the Police, Court, and Prosecution, only a third, 36.4 per cent and
Chapter 8 Diversion

167

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

32.3 per cent, respectively, answered in the armative. Their answers may be explained by the hesitancy of the police to practise diversion as previously mentioned and the fact that for the Court and Prosecution, the Rules on Juveniles in Conict with the Law issued by the Supreme Court became eective only in 2002 and there may be court ocers who are not yet aware or practise diversion under said Rules.

When asked if their oce have an ocial diversion programme, half (50.8 per cent) of the Community respondents answered NO and several (19.5 per cent) said they only have unocial diversion programmes. For the Police, 50.6 per cent gave a negative answer and several (20.8 per cent) said that they only have unocial diversion programmes. Almost one third of the Barangay Tanods (24.1 per cent) and the Court

Table 8.5. Distribution of responses by whether or not the respondents colleagues practise diversion and by pillar Response
Yes No Do Not Know Depends No Answer 20 16.9

COMM
No. 73 10 15 % 61.9 8.5 12.7 No. 28 4 3 2 40

POL
% 36.4 5.2 3.9 2.6 51.9 No. 31 4 4 2 17

BT
% 53.4 6.9 6.9 3.4 29.3

CRT/PROS
No. 21 10 21 2 11 % 32.3 15.4 32.3 3.1 16.9 4 2 No. 11

CSW
% 64.7 11.8 23.5

Total

118

100

77

100

58

100

65

100

17

100

There are respondents who replied that the practice of diversion depend on the following factors: preference of complainant, workload, qualication of their colleagues, gravity of the oence committed by the child, the Barangay Chairperson settles the case in the community, if there is a seminar given on diversion, and on the barangay, if they practise diversion.
Table 8.6. Distribution of responses by considerations in the practice of diversion Consideration
Preference of complainant Workload Qualication of colleagues Gravity of offence Chairperson settles the case If there is a seminar on diversion Depends on the barangay

and Prosecution (26.2) answered that they ocially have diversion. Majority (41.2 per cent) of the City Social Workers said they practise diversion only unofcially. Among the pillars, it is only the Court, which has an ocial diversion programme as provided for under the Rules on Juveniles in Conict with the Law. The Katarungang Pambarangay Law, which preceded the Rules by more than 20 years, provides for conciliation and mediation proceedings at the community level. It may also be considered as a form of diversion at the community level. What is important to note is that even without an ocial diversion programme for other pillars, respondents already practise diversion in general terms.

No.
1 1 1 1 1 1 1

TOTAL

168

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

An overwhelming majority of the Community (64.4 per cent), Police (80.5 per cent), Barangay Tanod (62.1 per cent) and Court and Prosecution (63.1 per cent) did not give answers as to the number of children diverted in a month. Of those who answered, most of the pillars divert ve children or less in a month.

An overwhelming majority of the Police (68.8 per cent), Barangay Tanod (72.4 per cent) and Court and Prosecution (72.3 per cent) did not give answers as to the number of children diverted in a year. However, of those who gave an answer among the pillars who answered the question, majority of them divert 10 children or less in a year.

Table 8.7. Distribution of responses by whether or not the pillar of justice has an ofcial diversion programme and by pillar Response No.
Yes No Do Not Know Unofcial Diversion Only No Answer 12 60 3 23 20

COMM %
10.2 50.8 2.5 19.5 16.9

POL No.
6 15 1 16 39

BT %
7.8 19.5 1.3 20.8 50.6

No.
14 13 1 12 18

%
24.1 22.4 1.7 20.7 31.0

CRT/PROS No. %
17 26 2 12 8 26.2 40.0 3.1 18.5 12.3

CSW No.
6

%
35.5

7 4

41.2 23.5

Total

118

100

77

100

58

100

65

100

17

100

Table 8.8. Distribution of responses by the average number of CICL diverted in a month and by pillar No. of children diverted
None 5 or less 6-10 11-15 16-20 21-25 25-30 More than 30 No Answer 3 0 76 2.5 64.4

COM
No. 4 25 7 2 1 % 3.4 21.2 5.9 1.7 0.8 No. 1 11 2 0 0 1 0 0 62

POL
% 1.3 14.3 2.6 1.3 80.5 No. 2 14 2 1 1 1 0 1 36

BT
% 3.4 24.1 3.4 1.7 1.7 1.7 1.7 62.1 1 21 1 1 0 0 0 0 41

CRT/PRS
No. % 1.5 32.3 1.5 1.5 63.1 No. 0 13 3 0 0 0 0 0 5

CSW
% 52.9 17.6 29.4

Total

118

100

77

100

58

100

65

100

17

100

Table 8.9. Distribution of responses by the average number of CICL diverted in a year and by pillar No. of children diverted
None 10 or less 11-20 21-30 31-40 41-50 More than 50 No Answer 12 10.2

COMM No.
2 26 6 4 1

POL %
1.7 22.0 5.1 3.4 0.8 1 1 53 1.3 1.3 68.8 5 42

BT %
1.3 20.8 5.2 1.3

No.
1 16 4 1

No.
1 7 2 1

%
1.7 12.1 3.4 1.7

CRT/PROS No. %
8 5 2 1 1 12.3 7.7 3.1 1.5 1.5 1.5 72.3

CSW No.
9 3

%
52.3 17.6

8.6 72.4

1 47

29.4

Total

118

100

77

100

58

100

65

100

17

100

Chapter 8 Diversion

169

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

FACTORS CONSIDERED IN DIVERSION The ve topmost factors considered by the dierent pillars in deciding to adopt diversion are as follows.
Community

City Social Workers

21. Nature of oence (58.8 per cent); 22. Age of child (52.9 per cent); 23. Community safety (35.3 per cent); 24. Complainants preference (29.4 per cent); and 25. Reputation of child (29.4 per cent). All pillars listed the nature of the oence and the age of the child as the two most important factors when deciding whether to divert the child or not. For some of the respondents, if the oence involved crimes like murder or rape, which they deem very serious, they would not want diversion to be applied to the child. Among the factors they consider is the previous criminal record of the child. Some of the respondents view that if the child previously committed an oence, diversion is less likely to succeed. Except for the Barangay Tanod and Police, community safety is a major consideration for all the pillars. Community respondents consider also the family support given to the child in the diversion process. With the Police, they give weight to the preference of the Complainant in deciding whether to divert or not. As previously mentioned, the police ocers do not want to be accused by the complainant of giving preference to children accused of committing an oence. Other factors listed by all the respondents include the physical, psychological and mental capacity and nature of the child, including his/her personality and his/her capacity for change; whether the child is studying; the preference of his/her parents or guardians; and the reason why the child committed the oence.

1. Nature of oence (69.5 per cent); 2. Age of child (67.8 per cent); 3. Family support (53.4 per cent); 4. Community safety (50.8 per cent); and 5. Previous criminal record (50 per cent).
Police

6. Nature of oence (40.3 per cent); 7. Age of child (35.1 per cent); 8. Complainants preference (29.9 per cent); 9. Family support (27.3 per cent); and 10. Previous criminal record of child (23.4 per cent).
Barangay

11. Nature of oence (60.3 per cent); 12. Age of child (50 per cent); 13. Sex of child (43.1 per cent); 14. Reputation of child (41.4 per cent); and 15. Previous criminal record (39.7 per cent).
Court and Prosecution

16. Nature of oence (67.7 per cent); 17. Age of child (61.5 per cent); 18. Previous criminal record (50.8 per cent); 19. Community safety (44.6 per cent); and 20. Availability of government programmes for the child (43.1 per cent).

170

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Table 8.10. Distribution of responses by factors in the decision to divert CICL by pillar Factors
Age of CICL Gender of CICL Nature of the offence committed Economic class/status of CICL Previous criminal record Reputation of child Community safety Complainants preference Availability of government programmes for CICL Availability of government funds for CICL Opportunity for rehabilitation

COMM % No.
80 58 82 46 59 57 60 46 37 30 52 67.8 49.2 69.5 39.0 50.0 48.3 50.8 39.0 31.4 25.4 44.1

POL No.
27 18 31 17 18 14 15 23 10 9 13

BT %
35.1 23.4 40.3 22.1 23.4 18.2 19.5 29.9 13.0 11.7 16.9

No.
29 25 35 19 23 24 20 21 13 13 23

%
50.0 43.1 60.3 32.8 39.7 41.4 34.5 36.2 22.4 22.4 39.7

CRT/PROS No. %
40 24 44 23 33 23 29 22 28 20 38 61.5 36.9 67.7 35.4 50.8 35.4 44.6 33.8 43.1 30.8 58.5

CSW No.
9 4 10 5 5 5 6 5 4 3 6

%
52.9 23.5 58.8 29.4 29.4 29.4 35.3 29.4 23.5 17.6 35.3

Family support

63

53.4

21

27.3

23

39.7

41

63.1

12

70.6

Table 8.11. Other factors considered in diversion FACTORS


Physical, mental and psychological behaviour of child Education of child/child is studying Preference of relatives/guardian Reason why child committed crime Decision of the complainant Capacity of parents/guardians to take care of Child Agreement between parties Number of offences of child Recommendation of social worker Case to case basis Child working Community relationship Gravity of the offence Social standing of child Availability of playground/recreation Suggestion of the barangay council Relationship of complainant with offender

No.
15 12 7 5 3 3 2 2 2 1 1 1 1 1 1 1 1

Involvement of Children

Majority of the respondents in the Community (52.5 per cent), Barangay Tanod (43.1 per cent), Court and Prosecution (52.3 per cent), and City Social Workers (58.8 per cent) involve children in the decision as to whether to divert or not. Although the majority (51.9) of the Police respondents gave a negative answer, several (31.2 per cent) said that they involve children in the decision. There are respondents who said that the involvement of the child in the decision regarding diversion would depend on the parents, with some saying that it is the parents who are consulted on the decision; nature or gravity of the oence; maturity of the child; willingness of the child; Complainants preference; whether child is a repeat oender; and depending on the decision of the Barangay Chairperson who handles the cases.

TOTAL

59

Chapter 8 Diversion

171

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Table 8.12. Distribution of responses by whether or not to involve the CICL in the decision to divert him/her and by pillar Response
Yes No Depends No answer

COMM No.
62 25 7 24

POL %
52.5 21.2 5.9 20.3

BT %
31.2 11.7 5.2 51.9

No.
24 9 4 40

No.
25 10 2 21

%
43.1 17.2 3.4 36.2

CRT/PROS No. %
34 8 2 21 52.3 12.3 3.1 32.3

CSW No.
10 2 1 4

%
58.8 11.8 5.9 23.5

TOTAL

118

100

77

100

58

100

65

100

17

100

Table 8.13. Considerations in involving the CICL in the decision to adopt diversion Consideration
Parents Nature/gravity of offence If the child is willing Maturity of the child If CICL is recidivist, he/she is brought to the centre Depends on the Complainant Depends on the Barangay Chairperson

No.
5 4 2 2 1 1 1

There are respondents who answered that the followup of children depend on factors such as availability of time and workload, nature of oence, if the child is a repeat oender, whether the child needs it, and when there are available funds to conduct follow-up activities. Other pillars said that ocials of other pillars conduct the follow-up.
Table 8.15. Distribution of responses by considerations in doing follow-up Consideration
Other pillars conduct follow-up Nature of the offence If we have time/workload Child is a repeat offender Only if the child needs it Funds are available

TOTAL

16

No.
4 3 2 2 2 1

Follow-up After Diversion

Among the pillars, the City Social Workers are the ones who gave the highest number of armative responses (76.5 per cent) when asked if their oce follow-up after the turnover of the children to their families. Majority (54.2 per cent) of the respondents from the Community also conduct follow-up activities. Some of the respondents from the Barangay Tanod (39.7 per cent) and Court and Prosecution (33.8 per cent) also conduct follow-up activities, with the Police having the smallest number of respondents who conduct follow-up activities.

TOTAL

14

Table 8.14. Distribution of responses by whether or not the respondent or his/her ofce does follow-up with the children and by pillar Response
Yes No Depends No Answer

COMM No.
64 19 9 26

POL %
54.2 16.1 7.6 22.0

BT %
13.0 31.2 6.5 49.4

No.
10 24 5 38

No.
23 13 3 19

%
39.7 22.4 5.2 32.8

CRT/PROS No. %
22 20 2 21 33.8 30.8 3.1 32.3

CSW No.
13 0 0 4

%
76.5 23.5

Total

118

100

77

100

58

100

65

100

17

100

172

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Figure 8.1. The Diversion Process


COVERAGE: Cases wherein law provides maximum penalty of not more than 6 months imprisonment

Pending determination by the Committee, child is released to the custody of his or her parents /legal guardian

Instead of arraigning child, Family Court REFERS case to Diversion Committee [1]; child is not arraigned

Chairperson of committee CALLS FOR A CONFERENCE with notice to the child, his or her parents/legal guardian and counsel, and the complainant and his or her counsel Committee DOES NOT RECOMMEND diversion; case is scheduled for arraignment and trial Committee RECOMMENDS diversion to Court and DESIGNS a diversion program [2]

Court schedules HEARING within 10 days from receipt of recommendation TO CONSIDER the recommendation and diversion program Recommendation and diversion program NOT GRANTED; case is scheduled for arraignment and trial Child given benet of DIVERSION PROGRAMME; child signs an UNDERTAKING [3] together with his or her parents and the complainant

PERIODIC VISITS by the court social worker; social worker submits report to the Committee Committee FILES with the Family Court a REPORT recommending closure or extension of diversion period Court CONDUCTS HEARING within 15 days from receipt of report; notice is given to child, his or her parents/legal guardian and his or her counsel and complainant and his or her counsel

Upon nding that the diversion program no longer serve its purpose, Court SCHEDULES case of child for arraignment and trial

Court EXTENDS period of diversion to give child further time to be rehabilitated

Court issues closure order TERMINATING diversion program upon nding that child fully complied with his or her undertaking

[1] The Diversion Committee in the Family Court is composed of its branch clerk of court as chairperson, and the prosecutor, a lawyer of the Public Attorneys Ofce and the social worker assigned to the said court as members. [2] The design of the diversion programme is distinct to each and may include any or a combination of the following: Written or oral reprimand or citation; Return of property; Payment of the damage caused;Written or oral apology; Guidance and supervision orders; Counselling for the juvenile and his family; Training, seminars and lectures on (i) anger management skills; (ii) problem-solving and/or conict resolution skills; (iii) values formation; and (iv) other skills that will aid the juvenile to properly deal with situations that can lead to a repetition of the offence; Participation in available community-based programs; Institutional care and custody; or Work-detail program in the community. [3] The undertaking describes the diversion and also contains the following terms and conditions: The child shall present him or herself to the social worker of the Family Court that approved the diversion programme at least once a month for evaluation of its effectiveness and that the child shall faithfully comply with the terms and conditions in the undertaking.

Chapter 8 Diversion

173

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

9 Summary
This chapter presents a summary of the ndings generated by the research project. jewelry and accessories. In cases involving possession of weapons, the most common are fan knives, followed by guns and ammunitions, and sumpak. Most of the oences are committed in Quezon City and Manila. In Quezon City, the most common areas where children allegedly commit crimes are in Cubao, Novaliches, Balintawak, Tatalon, Project 8 and Greater Lagro. In Manila, the common areas are in Tondo, Sta. Cruz, Quiapo, Binondo, and Sampaloc. In Caloocan, it is in: Grace Park, Bagong Silang, Dagat-Dagatan, Monumento, Bagong Barrio, and Tala. For Paraaque, oences are often committed in Baclaran, Daughters, BF Homes, Better Living, and Evacom. In Pasay, Malibay, Dolores Street and Rotonda are the most common areas. The oences are usually committed in the streets, in the house of other people or buildings; and in stores, malls or markets. Children in conict with the law are often charged together with a co-accused. The co-accused are also children themselves. In some cases, they are already adults or both adult and children. In some cases, the co-accused are related by blood to the child in conict with the law. Most of the time children are apprehended by police ocers, followed by barangay ocials, specically the barangay tanod. During arraignment, children often plead not guilty. The interval between the arrest or surrender and the date of arraignment is usually from one month to three months. Almost all of the children are represented by public defenders from the PAO. Most of the children are either staying at DSWD-run training and rehabilitation centres or are in the custody of their parents, relatives or non-relatives, upon release on recognizance or posting of bail. However, there are a signicant number of children detained in jails.

Prole of the Child in Conict with the Law


Children in conict with the law are usually male, aged 17 years at the time of commission. They reside in the city, most probably in Manila or Quezon City. The children either nished or are currently enrolled in Grade 6, 1st year or 2nd year high school. The children are living with their parents who are still alive and living together as husband and wife. The parents work in the labour sector, mostly within the service industry, with known low wage. There are children who were working before their arrests and majority of them work as vendors. Only a small number of children are living with a partner and are members of a gang. The most common criminal charges against the children involve crimes against property, specically, robbery theft, qualied theft, malicious mischief, and estafa. This is followed by crimes against persons, violation of ordinances, special laws, and drug-related oences. With respect to female children, the most common violations they are charged with after crimes against property are drug-related oences and violations of ordinances. Complainants in the cases against children involving crimes against persons and sex-related oences also include children. In cases of drug-related oences, the most common drugs involved are shabu and rugby. Children are charged with the use, possession or sale of prohibited drugs. In cases of crimes against property, specically theft and robbery, the most common item stolen is the cell phone, followed by clothes and shoes, wallets, bags,

174

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Community Pillar
Based on the current situation, the community plays three roles in the involvement of children with the justice system. First, they can be the source of ordinances that penalise acts that may both be committed by children and adults or non-penal ordinances that benets children, ie, creation of programs for the rehabilitation of children in conict with the law within the BCPC. The results of the project show that the ordinance-making power of the barangay has not been maximised to benet children. If ordinances relating to children exist at all, it is to prohibit acts and provide penalties for such violations, including imprisonment. Violation of ordinances is among the most common oences for which children are charged. Knowledge of existing barangay ordinances that relate to children in conict with the law is not common among the respondents. Although law has mandated the establishment of BCPCs since 1975, there is only a limited number of functional BCPCs in the cities covered by this project, with fewer BCPCs with children or youth among its members. Based on the answers of respondents, the committees within the functional BCPCs are the same as the general committees established within the barangay, with programmes on children focusing more on sports activities, feeding, education, livelihood and economic assistance. Second, it is in the community where children are also apprehended. The community has peace and order programmes and is part of the law enforcement level through the barangay tanods. Aside from police ocers, children are often apprehended by barangay tanods and spend time in holding cells. In each barangay hall, there is usually only one holding cell and children detained spend time in the company of adult oenders.

Third, it is to the community where children return after their apprehension, detention or service of sentence. Results of the project show that there is a lack of established programmes to address community reintegration and rehabilitation of children in conict with the law. The appropriateness of community-based reintegration and rehabilitation programmes cited by the respondents are also questionable, ie, curfew, cleaning of the community, drug-testing or sports activities. Some respondents even said that the children are referred back to rehabilitation centres or their parents. The role of the community with respect to maintaining peace and order has been emphasised. A concrete manifestation of this is the drive to impose a curfew on children, specically in the cities covered by this project. As mentioned above, the role of the community extends further with respect to children in conict with the law. The establishment of a working BCPC with appropriate programmes that benets children in conict with the law must be emphasised with the community leaders. All pillars refer to the community as the level where diversion should occur and the community must be able to take on this role with appropriate training not only on laws but also to the underlying principles of said laws and sensitivity to needs and situation of children.

Law Enforcement Pillar


An overwhelming majority of law enforcement ocers, both barangay tanods and police ocers, identify themselves as such to children upon arrest and they also present identication, ie, ID or badges, and they usually wear uniforms. At the time of arrest, they inform the child of the reasons for the arrest. After which, law enforcement ocers notify the DSWD, police, parents, barangay ocials, and the WCCD. However, interview with the children revealed that although the reason for

Chapter 9 Summary

175

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

their arrest were explained to majority of them, the majority of the apprehending ocers did not identify themselves as such and most of the children were not informed of their rights. Even though the law requires both physical and mental examination, emphasis has been given to the former in practice. In fact, majority of the children interviewed were brought to the appropriate persons or agencies for medical examination. It is only in obvious cases, ie, child is manifestly mentally challenged, wherein children are brought for mental examination. In practice, the mental examination seems to be more of an exception rather than the general rule. Also, under the Rules on Juveniles in Conict with the law, the duty to bring the child to the appropriate person or agency for mental examination rests upon the person who takes the child in custody and this is not limited to police ocers. Comparing the responses of the barangay tanods and the police ocers, the latter implement the said provision more than the former. In police precincts, majority of the respondents said that children of opposite sexes are detained in separate quarters. However, with respect to separate detention of children from adults, the gure is much lower. Compared with the response of police ocers, barangay tanods gave a much lower gure when asked if children are detained separate from the opposite sex and from adults. This may be explained by the observation during the interviews that in police stations, there are usually only two cells, one for males and the other for females arrested. In the community, however, there is usually only one holding cell inside the barangay hall. Majority of the children interviewed were not detained in quarters separate from adults and there were a few children detained with members of the opposite sex. Based on the practice of the barangay tanods and the police ocers, children are usually turned over to

the following authorities: DSWD; youth detention centres such as the Molave Youth Reception Center, Manila Youth Reception Center, or Pasay Youth Home; police headquarters; Oce of the Prosecutor; and the WCCDs. Other places to which or persons to whom the child is turned over include the following: parents, homeowners association, courts, barangay chairs and the Manila City Hall. Based on the interviews, the following practice appears: once a barangay tanod arrests a child, the child is brought to the barangay hall for documentation. The child is then brought to the police station or a police ocer is summoned to the barangay hall to bring the child to the police station. In the course of these proceedings, the barangay tanod usually informs the family or relatives of the child and they accompany the child to the police station. When in the custody of the police, the child is then brought to the appropriate person or agency for physical and mental examination as abovementioned. Despite the rule to the contrary, a number of barangay tanods and police ocers who conduct investigations alone with the child and the gure is higher for barangay tanods. However, majority of the respondents said that they conduct the investigation of the child in the presence of another person. Children are usually accompanied by their parents, followed by relatives in cases wherein the investigation is being conducted by the barangay tanods and the childrens guardians when it is done by police ocers. Although required by law, the investigation of children is usually conducted without the presence of a lawyer. Only a very small number of barangay tanods ngerprint children compared with more than half of the respondent police ocers. The practice of ngerprinting children is more common with the police. However, when asked if ngerprint les of children

176

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

are kept separate from those of adults, the gures become smaller, with both the barangay tanods and police ocers. With respect to taking pictures of children, only a small number of barangay tanods responded that their ocers take the photographs of children. Taking the pictures of persons arrested do not seem to be a practice within the community level with some barangay tanods saying that they do not have the resources to do so. More than half of respondent police ocers said that taking photographs of children is practised in their oce. However, only half of said respondents said that the photograph les of children are kept separate from adults. Based on the answers of both barangay tanods and police ocers, the removal and destruction of ngerprint and photograph les of children, if the case against the child is not led or dismissed or when the child reaches the age of 21 and there is no record that he/she committed an oence when reached 18 years of age, is rarely practised in both the community and law enforcement level. Only a few oces where respondent barangay tanods and police ocers work keep the blotters and records separate for children in conict with the law. The number of police ocers who said that their oces keep separate records and blotters for children is slightly higher than that of barangay tanods. Comparing the answers of the police ocers and barangay tanods, the more police ocers implement the provisions of the law than the latter, from informing the children the reason for their custody; taking the child to the appropriate agencies for physical and mental examination; detaining children in quarters separate from adults and that of the opposite sex; investigating the child in the presence of another person; and providing separate blotters and records for children. This

may be explained by the fact that police ocers receive more training on the legalities of apprehension and the rules to follow when apprehending persons, especially children, compared to barangay tanods. As barangay tanods also come into direct contact with children in conict with the law and they are sometimes the rst contact that the child has to the criminal justice system, focus should be given to the training of the barangay tanods on the proper handling of children in conict with the law, not only in terms of what is provided under the law but also in handling the child with sensitivity.

Court and Prosecution


Based on the data generated from the interviews conducted with the respondents from the court and prosecution pillar, it is apparent that majority of them are at least familiar or aware of the procedure involving the prosecution and trial of cases involving children in conict with the law, and whose family courts are conducting the trial of CICL cases in accordance with the Rules on Juveniles in Conict with the Law. It must be noted, though, that respondents made certain explanations regarding their own interpretation of the Rules. While a few discussed that their courts followed the Rules to the letter, some of them apply the Rules liberally, especially when it involves the application of the diversion programmes. According to the Rules, diversion proceedings before arraignment shall only apply if the CICL is charged with an oence punishable by imprisonment for a maximum period of not more than six months, or if the penalty is only a ne, regardless of amount.443 Based on the remarks of several respondents, they conduct diversion proceedings even if the oence involved is punishable by imprisonment of more than six months. They say that there are very few cases nowadays, which
Chapter 9 Summary

177

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

involve penalties less than six months. If they do not apply diversion proceedings for CICL cases, which do not qualify under the law, most, if not all of these cases will have to undergo the regular procedure, and will generally not be to the best interests of the child. The data gathered for this project reveal that majority of the respondents arm the existence of a diversion committee in their respective courts. However, their observations on how the procedure is being applied shows that there is no hard and fast rule for the courts to follow, given the dierent situations that may involve court dockets, and limitations in facilities in courts. Although some respondents appeared at a loss on how to conduct diversion proceedings, they claim that they use their best judgment in conducting proceedings to ensure that they consider the best interests of the child, even if they do not strictly abide by the Rules. It can be observed further, that although most of the respondents said their courts have diversion committees and practise diversion proceedings, quite a number of them said their courts still do not. Notably, the Rules became eective on 15 April 2002. Given the lapse of time from its eectivity to the dates the interviews for this project was conducted, it may be inferred that strict compliance to the Rules by the family courts has not been enforced fully. Based on the comments of some respondent judges, it seems that they have not been properly informed or briefed on how the Rules should apply. Consequently, their liberal and informal application takes precedence, of course with consideration of the best interests of the CICL. Worth noting are the responses of the interviewees to the questions including the exclusion of the public during trial of CICL cases. Majority said their courts allowed for exclusion, and close to that number said that it depends. At the onset, it would appear that

there are courts, which do not comply with the Rule on exclusion. If the Rules will be read closely, however, it states that the courts may exclude the public.444 This means that it is not mandatory; hence, the courts are giving the discretion to determine whether the public will be excluded or not. Another notable observation is the answers of the respondents to the questions on what terms are used by court ocers and lawyers during proceedings to refer to the CICL. According to some of them, the ocers refer to children as accused, accused minor, juvenile delinquent, and minor, generally. While a few refer to the CICL by their rst names, most of them still use terms, which according to the Rules are prohibited terms.445 Somehow, this shows that the courts have generally not yet strictly enforced the prohibition against labelling of children. In sum, most of the data gathered can show that some family courts are already compliant with the Rules on Juveniles in Conict with the Law. However, it is also very clear that the enforcement of the Rules as well as the premises that touch on the best interests of the child, on which the Rules are based, has much room for improvement. APPLICABLE RULES ON PRELIMINARY INVESTIGATION According to the Rules on Juveniles in Conict with the Law, where preliminary investigation is required, the rules that will be followed will be the provisions of Section 3 of Rule 112 of the Revised Rules on Criminal Procedure. If these provisions were to be applied, it would take at least 25 days446 before the case will be led or dismissed, if the prosecutor nds ground to continue with the investigation and if he/she nds it necessary to set the case for hearing.

178

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

It would appear that 25 days, at the least, might not be favourable to the child, considering that most children would have been detained during the duration of the Preliminary Investigation. Since upon ling of the information, the court may immediately order the release of the child on recognisance or on bail, except in certain circumstances, it would not be in the best interest of the child to be held in custody for 25 days while his or her case is still undergoing preliminary investigation. It may be recommended that the same diversion proceedings as in the family courts be applied even while during the preliminary investigation stage, to ensure that the release of the child will be facilitated. APPLICABILITY OF THE RULE ON SUMMARY PROCEDURE FOR CHILDRENS CASES Some of the respondents have suggested that to ensure that the childrens cases will be expedited, the procedure that may be applied will be the Rule on Summary Procedure. It would seem that if the CICL case does not qualify for diversion under the Rules on Juveniles in Conict with the Law, the child goes through the trial in accordance with the Revised Rules of Criminal Procedure, which applies to accused adults as well. It is noticeable that although the Rules on Juveniles in Conict with the Law has introduced new procedures for the prosecution and trial of the CICL, it would seem that the procedure that generally applies, particularly in the preliminary investigation, pre-trial, trial and promulgation stages, are the provisions of the Revised Rules of Criminal Procedure, with reference to the Rule on the Examination of Child Witness. The expediency that is being sought in dealing with CICL cases may not be fully answered by the new rules. Applying the Rule on Summary Procedure may be one way to ensure that the best interests of the child will

be protected. The Rule on Summary Procedure was also discussed in the preceding chapter on City and Barangay Ordinances.

Correction Pillar
With respect to the correction level, a major concern is the lack of separate detention centres for children in conict with the law, specically in the cities of Caloocan and Paraaque. This has been pointed out by several surveys and studies conducted before this project. Even though the children are detained inside cells separate from adults in said cities, the children still have the opportunity to mingle closely with adults since their cells are located in one compound. Aside from the lack of separate detention centres, said cities face challenges in terms of keeping a healthy and sanitary environment and facilities for the physical health of the children detained. An increase in the food allowance of children is also in order for their maximum growth and development even given the circumstances they are in. Medical services available to children should also be expanded. Programmes for the education and psychosocial rehabilitation of the children also need strengthening. Children who were studying before their detention should be given the opportunity to continue their studies or pursue activities that would enrich their mental and psychological well-being. Focus should be given not only on vocational, skills training, and moral development of the child, but education services that would be able to let him continue his/her studies after detention. Rules and regulations, both written and oral, in the detention facilities and city jails are applicable to both adult and children. There may be a need to establish separate rules and regulations for children due to their special circumstance. The imposition of disciplinary
Chapter 9 Summary

179

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

measures imposed in the general population of prisoners, including adults, to children is also a cause for concern. In imposing discipline, withdrawal of privileges, close connement and advice are given to both child and adult. The appropriateness of these forms of discipline on children may be questioned. As to the treatment of detentions ocials, some respondents were quite adamant in answering questions. Although rare, use force or physical harm on the child or placement of child in solitary connement has been witnessed as with the carrying of weapons in front of the child and use of profane or vulgar words. The use of handcu on children has been commonly observed. With respect to the improvement of the services offered by the correction level, children themselves gave suggestions. When 35 children were interviewed for the case studies, they suggested the following recommendations to the correction pillar: To treat children humanely and respect them properly To provide them education and other training skills To strictly separate the males from the females To provide venue and opportunity for open-forum activities To improve the manner of discipline given to them For more ocials to take care of their cases To be given more food To provide recreational activities

The children also requested for additional funding for: Food Adequate and clean water Medicines Clothing supplies, slippers, and toiletries Proper ventilation Books and other educational supplies Recreational activities Other training programs Trash cans For cleaning and beautication purposes More rehabilitation centres and services

Probation
When the probation ocers were asked about cases of probation granted to children, cases wherein the oence was committed while the applicants were still children and they were still minors at the time of application or already adults at the time of application, they were able to recall only a few instances. When the researcher visited the oce of the Probation Administration to inquire about data on probation of those who were minors of the commission of the oence, they were told that data were not segregated and presented according to the age of the applicant at the time of the commission of the oence. There is no way of tracing cases of probationers who were minors at the time of commission of the oence. The lack of concrete data on probation granted to minors may be explained by the few children who were convicted again for a second oence which exempts them from availing of suspension of sentence again and their current sentence may be for more than six years, or their previous conviction was imprisonment not less

180

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

than one month and one day or a ne of not less than Php200, excluding them from the provisions of the Probation Law of 1976, as amended. This lack of data is aggravated by the insucient centralised system of monitoring and recording cases of children in conict with the law, from the time of their arrest up to the time of release or service of sentence. There are also cases wherein the child changes his name upon succeeding arrests. If such is the case and if it remains undiscovered by ocials during the trial, the child may have been placed under suspension of sentence once again if found guilty. In instances wherein the child comes under probation, it is up for the probation ocers to determine the age of the child, or if he or she is already an adult, to inquire on the age at the time of commission. Although only a few probation ocers were interviewed compared with other pillars, majority of those interviewed said that there is no dierence in the programme of supervision between adults and children. This may explain their responses when asked if they think probation has a positive eect on children compared with adults: only one said it has a positive eect. However, majority of them said that when the applicant for probation committed the oence while still a minor, such a factor is positively considered for recommending to the court the approval of the application for probation. With respect to the conditions of probation commonly violated by the children, two of them are related to the residence of the child: change of residence without permission and failure to report regularly to the probation ocer. During the interviews for all the pillars, there were respondents who said that when parents move residences, they take the child with them, regardless of the consequences for the trial, rehabilitation or probation. The government ocers have a hard time tracing the child, especially when the family left for the province.

City Social Workers


As mentioned above, the responsibility of the nationallevel DSWD with respect to children in conict with the law was not among the functions devolved to the cities. However, based on the interviews of city social workers conducted for this project, they already extend social services to said children. The services are more comprehensive with respect to cities with separate detention and rehabilitation centres for children like Manila, Pasay and Quezon City. This is due to the full-time work and focus given by social workers to children already detained in the said centres. In terms of services, the national-level DSWD may consider devolving such to city social workers since they are already performing such functions. However, in terms of keeping centralised information nationally on children in conict with the law, including networking with NGOs and facilitating the dissemination of such information, this is a function suited to the national oce. Based on the interviews, city social workers usually get involved with the children upon their release or from the trial stage onwards, including detention during trial. Although some of the city social workers get involved during the arrest period, the arrest and detention after arrest stages are areas that should be given focus. Even if the law provides immediate turnover of the child to the DSWD or local rehabilitation centre,447 there are instances wherein the child has to spend days in the jails in the police precincts after their arrest. One way this may be prevented is for the social workers to conduct regular visits to police precincts.

Chapter 9 Summary

181

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Diversion
Based on the abovementioned information, the diversion practice in the Philippines is limited by the following factors: The ocial diversion procedure is limited in its scope. Although diversion is provided only under the Rules on Juveniles in Conict with the Law issued by the Supreme Court and only applicable to cases that reach the courts, diversion is widely practised across all pillars. Ocials from the community, law enforcement, prosecution and city social workers, practise diversion in one form or another unocially since there are no guidelines, rules or law which provides for it, except for conciliation and mediation procedure in the community level provided under the Katarungang Pambarangay Law. In these instances, only children whose cases fall under an ocial who practises unocial diversion enjoy the benet of diversion in general terms. The enjoyment of this benet by children becomes dependent on the personal practice of the ocial when the diversion is unocial. Diversion under the Rules only covers oences where the maximum penalty imposed by law is imprisonment of not more than six months. Due to this provision, only a limited number of children are covered by diversion. As mentioned before, the common oences committed by children involve crimes against property, persons and drug-related offences, oences that are penalised by more than six months. There are only a limited number of oences wherein the law imposes imprisonment of not more than six months, ie, slight physical injuries, alarms and

scandals, grave threats, unjust vexation, and possession of a deadly arrow. In addition, since the barangay conciliation system under the Katarungang Pambarangay Law already covers oences punished by imprisonment of one year or less, which includes the oences covered by diversion, only a limited number of cases reach the courts. The barangay may have already successfully mediated the cases that are covered by diversion. As discussed in the chapter on observance of laws of the court and prosecution, there are Family Courts that apply the diversion process even though the case is not covered by diversion under the Rules. When asked if the respondents agree that all children should be diverted from the criminal justice system, most of the respondents said that it depends on certain factors. They mentioned as one of the factors the nature or gravity of the oence. Several of the respondents said that children should not be diverted if the crime involves rape or murder. Considering their views as to what constitutes oences that should not be covered by diversion, the coverage provided for under the Rules is too restrictive to benet the majority of the children in conict with the law. Diversion under the Rules is limited to cases wherein the complaint or information is led with the Family Courts. In areas where there are no designated Family Courts, children in conict with the law whose cases are led in the Regional Trial Courts are excluded from availing of the benets of diversion. Diversion programme under the Rules may include community-based programmes or work-detail programmes in the community.

182

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

The choice of the Committee in designing a diversion programme may already be limited since there is an absence of community-based programmes or workdetailed programmes designed to address the needs of children in conict with the law. Even though the creation of a BCPC has been encouraged since 1974, only a limited number of barangays have established such and even if established, its eectivity is questioned. The communities and its ocials need to receive sensitivity and skills training in dealing with children in conict with the law. Under the Rules, the Committee may only recommend diversion if the complainant does not object thereto.

When diversion is subjected to the consent of the complainant, there will be children unable to avail of it due to the desire of some complainants for revenge, punishment, or to teach the child a lesson by pushing for trial and/or imprisonment of the child. For example, there are department stores or malls which do not permit settlement of cases and has a policy of proceeding with the prosecution of cases, regardless of the amount of the item stolen and even if the oender is a child.

Chapter 9 Summary

183

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

10 Recommendations
This study puts forward the following recommendations for each of the ve pillars of justice in terms of changing perceptions and attitudes, enhancing knowledge and skills, improving practice, and working collaboratively towards the prevention of oending among children, protection of CICL who are in the justice system, and facilitating the CICLs return to their families and communities as viable and productive members. the power and authority to maintain peace and order in the barangay, they act as law enforcers and can arrest CICL. Third, they are the ones who are tasked to implement existing programs in the community when CICL return to the community. c. There must be advocacy movements for the establishment of a working BCPCs and cooperation of the leaders in the barangay must be obtained. Barangay residents and ocials must be made aware of existing mechanisms within the barangay level, which they could use to protect CICL. d. Barangays with existing BCPCs should be monitored so that even on the event of change of leadership (ie, through an election), the continuing existence of BCPCs is ensured. e. All pillars refer to the community as the level where diversion should occur. The community must be able to take on this role with appropriate training on not only laws but also principles and sensitivity to children. Existing mechanisms such as the Barangay Justice System may be used to promote the practice of diversion of children within the community level. It addition, the criminal jurisdiction of the Barangay Justice System covers criminal oences where the penalty does not exceed one year imprisonment or a ne of Php5,000. Thus, it even has wider diversionable oences compared with the Rule on Juvenile in Conict with the Law which provides that only those with penalty of maximum of six months or a ne, regardless of the amount can be diverted. 2. Interventions should be made to promote local legislations concerning protection for CICL as well as correct existing ones and prevent enactment of those disadvantageous to CICL. Specically, the following are recommended:

Community Level
1. Promote understanding within the communities of the rights of CICL, the concept of restorative justice, diversion, the damaging eects of subjecting children under the criminal justice system (eg, prosecution, custody and detention) and the important role that the community plays in the promotion of rights and prevention of crime by children. This can be done, through advocacy and training seminars as well as information drives on laws and studies concerning CICL. a. Special focus should be given to parents who should be educated, be made aware and be made to appreciate child rights. There are cases where parents themselves ask jail ocials to keep their children in detention for safekeeping to prevent their children from getting into trouble. b. Special training should also be given to barangay ocials because many of the ocers are not familiar with laws on CICL. One manifestation is that compared with police ocers, a lesser number of barangay tanods comply with the laws when arresting children. Perhaps this may be attributed to the fact that they are the ones least trained on childrens rights. The barangay ocials actually perform three important roles when dealing with CICL. First, they have the authority to enact ordinances relevant to children. Second, having
184

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

a. Training of local legislators on pertinent international instruments and national laws and rules relevant to childrens rights to ensure that ordinances to be enacted are consistent with the principles, policies and procedures embodied therein. This may also serve as the venue to orient local legislators on guiding principles on the proper determination and graduation of penalties that take into consideration the special circumstances of children; b. Training and drafting of ordinances both at the barangay and city level, with focus on the constitutional requirements; c. Creation of venues, ie, seminars, roundtable discussions, where local legislators, local city and barangay ocials and child rights activities from dierent cities may share experiences on the implementation of ordinances. This shall serve as potent venues to learn the better practices form cities and barangays that enact and implement more child-friendly ordinances; d. Prevention of further detention and imprisonment of children and ensure their uniform treatment across cities and barangays. There should be decriminalisation of ordinances nation-wide if children commit violations. This is consistent with the non-discrimination principle as provided in the UN CRC; and e. City and barangay ocials should provide for alternative disposition measures to imprisonment as penalties for infractions, taking as an example such measures under the Rule on Juvenile in Conict with the law.

3. The community should be made aware for the need to set up appropriate programmes for crime prevention and assist children with behavioural problems. There should also exist proper community-based sentencing and restorative justice for CICL. Such community-based sentencing as provided in the New Rule must be specically identied and made sure to be child-appropriate. The barangays should also have programmes for reintegration and rehabilitation of CICL in the community. 4. Institutional support for the realisation of Diversion Programmes as provided in the New Rule is also recommended. This can also be done by informing the DILG of the existence of the New Rule providing for such measures and advocate for them to take action for the immediate establishment of community-based programmes and work-detail programmes in the community. 5. There must be an advocacy movement to activate BCPCs in pilot areas. The existing law under PD 603 does not mandate but merely encourage the setting up and activation of BCPCs. A possible solution is to lobby for a law in Congress to mandate the setting up of not only the Council for the Protection of Children at the barangay level but also cities, municipalities and provinces. However, considering childrens issues are not being given priority in Congress, aside from lobbying hard there is also a need to activate existing BCPCs in a particular area to serve as a model for other LGUs to follow in the absence of existing legislation. 6. There should be a move to assist barangays to generate funds for better facilities for CICL. For example, some barangay halls do not have holding cells for CICL. If there are, most are not separate from cells of adults and/or the male CICL are not separated from female CICL.

Chapter 10 Recommendations

185

BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES

Law Enforcement
1. Training on child sensitivity, laws on CICL, diversion proceedings and restorative justice must be given not only to members of the WCCD but to all police ocers. Usually, rst encounter with the law enforcement is through arrest of the child by a police ocer. It is only after the arrested child is referred to the WCCD that such WCCD police are able to deal with CICL. 2. Recommend the inclusion of childrens issues in mandatory courses and continuing legal education required of police ocers. 3. There must be accountability for police ocers in case of lack of compliance with the provision of the law particularly during arrest of children. For example, there are still prevalent violations such as instances wherein the police do not identify themselves and explain the rights of the child during arrests, or conduct investigations without counsel for the child. 4. There must be separate quarters for detained children and detained adults at the police precinct. 5. There must be separate records for children.

datory Continuing Legal Education required of law practitioners as well as seminars required of judges. 2. There is still a need to conduct further sensitivity sessions with court ocers. There are instances where terms like vagrants, juvenile delinquents are still being used on CICL. It should also be noted that even the new Rules on Juvenile in Conict with the Law used the terms juvenile delinquent. 3. Diversion proceeding under the New Rule applies only to the CICL charged with an oence punishable by imprisonment for a maximum period of not more than six 6 months, or if the penalty is a ne, regardless of amount. Many CICL cannot avail of the proceedings because there are very few diversionable oences existing under Philippine laws. It is recommended that the New Rules be amended for the Diversion Proceedings to apply to crimes with higher penalty. 4. The Diversion Proceedings under the New Rule contemplates a proceeding done within the formal justice system. Before a child is qualied for diversion, it presupposes an information or complaint is rst led against him or her in the Family Court. In each Family Court, there exists a Diversion Committee, composed of its branch clerk of court as chairperson, the prosecutor, a lawyer of the Public Attorneys Oce and social worker assigned by the Family Court all of which are members of court personnel. During the diversion conference, the counsels of the child in conict with the law as well as that of the private complainant are also present. It is recommended to create diversion proceedings for CICL outside the court pillar, eg, amendment of the Katarungang Pambarangay Law and inclusion of diversion proceedings at the barangay level.

Prosecution and Court Level


1. There should be continuing training and education on application of the Rules on Summary Procedure and the Rule on Juveniles in Conict with the Law. Special trainings should also be made on Diversion Proceedings in the New Rules, as this procedure is very new in the Philippine court system. Guidelines should be provided for its implementation. Research could be made as to the practice of diversion in other jurisdictions and how these good practices can be integrated in the Philippine system. A proposal is also made to include topics on childrens justice during Man-

186

Save the Children UK

RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES

Correction Level/ BJMP


1. Prioritise the allocation of resources on the national budget to answer problems on: (a.) Subhuman conditions in jails and detention, eg, lack of proper beds and beddings, cramped cells, Php 30/day as food allowance; and (b.) Conditions that are detrimental to the well-being of a CICL, eg, lack of separate cells for detained child and convicted CICL and/or separate cells for women adults and female CICL, not all CICL are given the opportunity for continuing education. 2. Discussion on how to realistically apply the administrative circular issued by the Supreme Court on jail visitation by family court judges.

City Social Workers


1. Even if the law provides immediate turnover of the child to the DSWD or local rehabilitation centre, there are instances wherein the child has to spend days in the jails in the police precincts after their arrest. One way this may be prevented is for the city social workers to conduct daily visits in police precincts. It is also recommended that city social workers strengthen their coordination with law enforces to ensure that upon arrest/apprehension of the CICL, they will be immediately informed. 2. Most city social workers get involved only during the trial, detention, rehabilitation and release stages of the CICL cases. Social workers should be present during all stages from the time of arrest up to the follow-through activities after the release of the child.

Probation
1. In the application of probation, there is no difference between the supervision of CICL and the adult oenders. There must be rules and regulations requiring special treatment of CICL probation applicants. 2. There are no separate facilities for instruction/ recreation and residence for the CICL. It is recommended that budget be allocated for establishing a separate place and facilities especially for CICLs. 3. Data on CICLs who applied for probation were not segregated and presented according to the age of the applicant at the time of the commission of the oence. Hence, there is no way of tracing cases of probationers who were minors at the time of commission of the oence, aggravated by the insucient centralised system of monitoring and recording cases of children in conict with the law, from the time of their arrest up to the time of release or service of sentence. The Probation Oce must be required to compile separate data on CICL, including pertinent information on them.

For all Pillars


1. There is a need to examine how the national and local governments allocate resources on childrens issues, programmes and policies. The Philippines already have several existing laws that suciently address child protection but there are problems in terms of enforcement because of lack of budget for implementation. The lack of budget does not necessarily follow the lack of resources. Reasons could be that other issues (eg, terrorism) are given more priority during allocation of budget by the government.

Chapter 10 Recommendations

187

Endnotes

Chapter 1
1 2 3 The barangay is the Filipino word for village. It is the smallest political unit in the Philippines. Taken from the Summary of Child Protection Policy, Save the Children-UK. The Philippines became a State Party through Senate Resolution No. 109, which was approved on July 1990.

Chapter 2
4 5 6 Section 384, Republic Act No. 7160: The Local Government Code of the Philippines. Section 389(b), Republic Act No. 7160: The Local Government Code of the Philippines. Pangkat ng tagapagkasundo (conciliation panel), consisting of three members, chosen by both parties from the list of members of the lupon. Section 404, Republic Act No. 7160: The Local Government Code of the Philippines. Section 402, Republic Act No. 7160: The Local Government Code of the Philippines. Section 24, Republic Act No. 6975: An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and Local Government, And For Other Purposes. Section 35(b) 4, Republic Act No. 6975: An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and Local Government, And For Other Purposes. Section 35(b) 6, Republic Act No. 6975: An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and Local Government, And For Other Purposes. Section 57, Republic Act No. 8551: Philippine National Police Reform and Reorganization Act of 1998.12 Section 5(a), Republic Act No. 8369: An Act Establishing Family Courts, Granting Them Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas Pambansa Bilang 129, As Amended, Otherwise Known as Act of 1980, Appropriating Funds Therefor and For Other Purposes. Section 5, Republic Act No. 8369: An Act Establishing Family Courts Granting them Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas Pambansa Bilang 129, As Amended, Otherwise Known as Act 1980, Appropriating Funds Therefor and For Other Purposes. Section 26, A.M. No. 02-1-18-SC: Rule on Juveniles in Conict with the Law [February 28, 2002] Section 8, Republic Act No. 8369: An Act Establishing Family Courts Granting them Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas Pambansa Bilang 129, As Amended, Otherwise Known as Act 1980, Appropriating Funds Therefor and For Other Purposes.

7 8

10

11

13

14 15

188

Save the Children UK

16

Section 11, Presidential Decree No. 1275: Reorganizing The Prosecution Staff Of The Department Of Justice And The Ofces Of The Provincial And City Fiscals, Regionalizing The Prosecution Service, And Creating The National Prosecution Service.17 Available at http://www.pao.gov.ph/. Available at http://www.pao.gov.ph/index.php?nav=prof&cat=Mandate. Section 9, Republic Act No. 8369: An Act Establishing Family Courts Granting them Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas Pambansa Bilang 129, As Amended, Otherwise Known as Act 1980, Appropriating Funds Therefor and For Other Purposes. Section 10, Republic Act No. 8369: An Act Establishing Family Courts Granting them Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas Pambansa Bilang 129, As Amended, Otherwise Known as Act 1980, Appropriating Funds Therefor and For Other Purposes. Section 63, Republic Act No. 6975: An Act Establishing the Philippine National Police under a Reorganized Department of Interior and Local Government, and For Other Purposes. Id. Section 23, Presidential Decree No. 968, Establishing a Probation System, Appropriating Funds Therefor and For Other Purposes [1976] (amended by Presidential Decree No. 1990 [1985]). Section 483, Republic Act No. 7160: The Local Government Code of the Philippines.

18 19

20

21

22 23

24

Chapter 3
25 26 27 28 29 30 31 32 33 34 35 Precursor to the Regional Trial Courts designated as Family Courts. Bautista, Rosa Maria J., Prole of the Youthful Offender of Metro Manila, as cited in Salute to Youth (UP Law Center, Quezon City: 1989), p.122. Carlota, Salvador T. and Annadaisy J Carlota, Legal and Psychological Perspectives on Philippine Juvenile Delinquency (Manila: 1983), p. 2. Id. Id., p. 114. Id. Id., p. 115. Id., pp. 116-117. PUP Department of Sociology, The Situation of Youthful Offenders in The Philippines, unpublished (1993) p. 249. Id., pp. 250-253. Survey on Youth Offenders at Camp Sampaguita and Correctional Institute for Women {Bureau of Child and Youth Welfare, Department of Social Welfare and Development, 1993), p. 69.

Endnotes

189

36 37 38 39 40 41 42 43 44 45 46

Id., pp. 69-70. Lamberte, Dr. Exaltacion E., Todays Metro Manila Street Children, (Manila: 1996), p. 61. Id., p. 63. Vagrancy Lamberte, p. 38. Lamberte, p. 39. Youth in Detention: Issues and Challenges, A Nationwide Survey, A Project of the Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p. 42. Situation of Children and Women in the Philippines, 1997 (Manila) pp.19-20. Id., p.138. National Youth Commission, Situation of the Youth in the Philippines 1998 (Manila, 1998) pp. 135-138. Dened as someone below 18 years old and who committed a misdemeanour but whose case is not led in court, National Youth Commission, Situation of the Youth in the Philippines 1998 (Manila, 1998) pp. 139-140. Id., pp. 140-143.

47

Chapter 4
48 49 50 51 52 53 54 55 56 57 58 59 60 Revised Penal Code, Art. 12(1). Presidential Decree 603, Art. 189. Revised Penal Code, Art. 12(3). People vs. Doquea, 68 Phil. 580 (1932). Antonio L. Gregorio, Fundamentals of Criminal Law Review 1088, 8th ed. , p. 62, quoting People vs. Navarro (CA) 51 O.G. 4092. Revised Penal Code, Art. 13(2). Guevarra vs. Almodovar (1989) 169 SCRA 475. Revised Penal Code, Art. 12(1). Art. 189. Guevarra vs. Almodovar (26 January 1989) G.R. No. 75256. RA 8369, Sec 5(a). Rule on Juveniles in Conict with the Law, Sec.1 Rule on Juveniles in Conict with the Law, Sec.4 (m). See also Sec. 5 stating, A minor under 9 years of age at the time of the commission of the offence shall be exempt from criminal liability. A minor 9 years of age and above but under fteen years of if he has acted with discernment, he shall be proceeded against in accordance with the Rule

190

Save the Children UK

61

People vs. Subido (5 September 1975) G.R. No. L-21734. See also Lina Lim Lao vs. Court of Appeals and People (1 September 1994) G.R. No. 119178; Centeno vs.VillalonPornillos and People, G.R. No. 113092; People vs. Deleverio G.R. Nos. 118937-38 and People vs. Malunes 247 SCRA 317. See 1987 Philippine Constitution, Article VII, Sec. 1. Joaquin G. Bernas. The 1987 Philippine Constitution: A Reviewer - Primer. 2nd ed. (1992). The Ofcial Gazette is an ofcial publication of the Government containing newly enacted laws and newly promulgated cases by the Supreme Court. People vs. Doquea (1932) 68 Phil 580. Antonio L. Gregorio. Fundamentals of Criminal Law Review, 1088. 8th ed, p. 62, quoting People vs. Navarro (CA) 51 O.G. 4092. People vs. Subida, unreported case (1961), quoting People vs. Nieto (1958) 103 Phil 113. US vs. Maralit (1917) 36 Phil 155, 158. Reyes. Revised Penal Code. 12th ed, 1981, p.2. Guevarra vs. Almodovar (1989) 169 SCRA 476, 482. People vs. Doquea (1932) 68 Phil 580, 583; Guevarra vs. Almodovar (1989) 169 SCRA 476, 481. Rita Atkins. Introduction to Psychology. 1990, p. 80. Mavis Hetherington and Ross Parke, Child Psychology: A Contemporary Viewpoint. 1968, p. 368. Helen Bee. The Developing Child. 1986, p. 368. David Elkland. A Sympathetic Understanding of the Child, Birth to Sixteen. 3rd ed. 1994, p. 421. Diane Papalia and Sally Wendkows Oldes. A Childs World: Infancy through Adolescence. 1990, p. 466. Id, p. 468. Diane Papalia and Sally Wendkows Oldes. A Childs World: Infancy through Adolescence. 1990, p. 468. Id.. UNICEF. Implementing Handbook for the Convention on the Rights of the Child. 1998, p. 12. PD 603, Art. 191. Ibid. Ibid, Art. 189. PD 603, Art. 189, as amended by the Family Courts Act, RA 8369, Sec. 5(a). Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Sec. 19.
Endnotes

62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85

191

86

Revised Rules of Court, Rule 110, Sec. 2.

87 Citizens arrest is allowed in cases of (a) lawful warrantless arrest provided in Sec. 5 of the Revised Rules of Criminal Procedure, e.g. person is caught in the act of committing a crime, or (b) Sec. 10 where an ofcer making a lawful arrest summons orally as many person as he or she deems necessary to assist him in effecting an arrest. 88 89 90 91 92 Revised Rules of Criminal Procedure, Rule 113, Secs. 3 and 5; Rule on Juveniles in Conict with the Law, Sec. 7. Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Sec. 5. Revised Rules of Criminal Procedure, Rule 110, Sec. 5. Ibid. Revised Penal Code, Art. 124: Delay in the delivery of detained persons to the proper judicial authorities; See also Art. 267: Kidnapping and serious illegal detention and 268: Slight illegal detention. Rule on Juveniles in Conict with the Law, Sec. 6 (a-f); See also Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Secs. 4-5. Id., Sec. 5. Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Sec. 4. Rule on Juveniles in Conict with the Law, Sec. 6 (g). Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Sec. 4. PD 1179, Art. 192 and Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Sec. 7; Rule on Juveniles in Conict with the Law, Sec. 6 (h). Rule on Juveniles in Conict with the Law, Sec. 6 (h-i). RA 8369, The Family Courts Act of 1997, Sec. 9 and 10. See also Sec. 11. Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Sec. 6 to 9; and Rule on Juveniles in Conict with the Law, Sec. 8. The 1987 Philippine Constitution, Art. III, Sec. 12. Revised Penal Code, Art. 125 (12 hours for light penalties, 18 hours for correctional penalties, 36 hours for afictive penalties). Rule on Juveniles in Conict with the Law, Sec. 8. Id., Sec. 9. Id., Sec. 10. Id., Sec. 4(d). Interview with Mary Vargas, DSWD-National Capital Region (NCR) Social Worker Ofcer.

93

94 95 96 97 98

99 100 101 102 103 104 105 106 107 108

192

Save the Children UK

109

Rules and Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Sec. 6 to 9 and Rule on Juveniles in Conict with the Law, Sec. 9. Manual of Prosecutor, DOJ Issuance No. 153 dated 28 May 1996, p.8. Revised Rules on Criminal Procedure, Rule 112, Sec. 1. Id, Sec. 2, The following may conduct preliminary investigations: (a) Provincial or City Prosecutors and their assistants; (b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts; (c) National and Regional State Prosecutors; and (d) other ofcers as may be authorized by law. See Rule 112, sec. 3 and Rule on Juvenile in Conict with the Law, Sec. 11 and 13. United Nations Rules for the Protection of Juveniles Deprived of their Liberty, Article III.17. Id. International Convention on Civil and Political Rights, Art 10(2)(b). Convention on the Rights of the Child, Art. 37, 40. Sec. 1B: Criminal Cases: (1) Violations of trafc laws, rules and regulations; (2) Violations of the rental law; (3) violations of municipal or city ordinances; (4) All other criminal cases where the penalty prescribed by law for the offence charged is imprisonment not exceeding six months, or a ne not exceeding (Php1,000), or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom; provided, however, that in offences involving damage to property through criminal negligence, this Rule shall govern where the imposable ne does not exceed ten thousand pesos (Php10,000). Rule on Juvenile in Conict with the Law, Sec. 15. Id., Sec. 16. Bail is a mode short of connement that would, with reasonable certainty, insure the attendance of the accused at his or her trial. It usually takes the form of a deposit of money or its equivalent as a guarantee of such attendance and which deposit is forfeited upon failure to appear (Bernas, The 1987 Philippine Constitution, A Reviewer Primer. 2nd ed. 1992). 1987 Philippine Constitution, Art. III; PD 603, Art. 191; Rule on Juvenile in Conict with the Law, Sec. 16. Rule 114, Sec. 4. PD 603, Art. 191; Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Sec. 11; Rule on Juvenile in Conict with the Law, Sec. 18. PD 603 Art. 202; Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Sec. 12. Ibid, Sec. 13. RA 8369, Sec. 8.

110 111 112

113 114 115 116 117 118

119 120 121

122 123 124

125 126 127

Endnotes

193

128 129 130 131 132 133 134

PD 603, Art. 19. RA 8369, Sec. 8. Beijing Rules, Rule 17. International Covenant on Civil and Political Rights, Art. 14.4. RA 8369, Sec. 5(a). Rules on Juvenile in Conict with the Law, Sec. 11. Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Sec. 11; Rule on Examination of a Child Witness, Sec. 4(a). A guardian ad litem is a person appointed by the court where the case is pending for a child who is a victim of, accused of, or a witness to a crime to protect the best interests of the said child. See also Sec. 5(a-f) on role of guardian ad litem Art. III, Sec. 14; See also Rules on Juvenile in Conict with the Law, Sec. 26 (a-k), enumerating the rights of the child in conict with the law during trial. Rules on Juvenile in Conict with the Law, Sec. 26(c). Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Sec. 20. Rule on Juveniles in Conict with the Law, Sec. 27. Pre-Trial Conference is mandatory in criminal cases. The Revised Rules on Criminal Procedure Rule 118, Sec. 1 states that the following should be considered during pre-trial: (a) plea bargaining; (b)stipulation of facts; (c) marking for identication of the parties; (d) waiver of objections to admissibility of evidence; e) modication of the order of trial if the accused admits the charge but interposes a lawful defence; and (f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. Rule on Juvenile in Conict with the Law, Sec. 28. Id., Sec. 29. Sec. 30. RA 8369, The Family Courts Act Of 1997, Sec. 5 (A); Rule On Juveniles in Conict with the Law, Sec. 31; Revised Rules of Criminal Procedure, Rule 120, Sec. 31. PD 603, Art. 192, as amended by RA 8369. Sec. 5(a). PD 603, Art. 192, as amended by PD 1179. Rule on Juvenile in Conict with the Law, Sec. 32. Revised Penal Code, Art. 68. RA 7659, The Death Penalty Law, Sec. 22. Rule on Juvenile in Conict with the Law, Sec. 33. Id. Id.

135 136 137 138 139

140 141 142 143 144 145 146 147 148 149 150 151

194

Save the Children UK

152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169

Id., Section 34. PD 968 as amended, Probation Law of 1976. Id., Sec. 3, 4. Id., Sec. 9. PD 968, as amended; Probation Law of 1976, Sec. 16. Id. Id. , Sec. 17. PD 603, Art. 199; See also Rules and Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Sec. 31. PD 603, Article 200; Rules and Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Section 34. Rule on Juvenile in Conict with the Law, Sec. 34. Id., Sec. 36. PD 603, Art. 200. Rule on Juvenile in Conict with the Law, Sec. 1, 5. Almodovar vs. Guevarra (26 January 1989) 169 SCRA 476. Rule on Juvenile in Conict with the Law, Sec. 4(p). Bravo vs. Borja (18 February 1985), G.R. No. L-65228. RA 9165, Sec. 25. See RA 9165, Sec. 55. Exemption from the Criminal Liability under the Voluntary Submission Program. A drug dependent under the voluntary submission program, who is nally discharged from connement, shall be exempt from the criminal liability under Sec. 15 of this act subject to the following conditions: (1) He/she has complied with the rules and regulations of the Centre, the applicable rules and regulations of the Board, including the after-care and follow-up program for at least eighteen (18) months following temporary discharge from connement in the Centre or, in the case of a dependent placed under the care of the DOH-accredited physician, the after-care programme and follow-up schedule formulated by the DSWD and approved by the Board: Provided that capability-building of local government social workers shall be undertaken by the DSWD; (2) He/she has never been charged or convicted of any offence punishable under this Act, the Dangerous Drugs Act of 1972 or RA 6425, as amended; the Revised Penal Code, as amended; or any special penal laws; (3) He/she has no record of escape from a Centre: Provided, that had he/she escaped, he/she surrendered by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or afnity, within one (1) week from the date of the said escape; and (4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption from criminal liability. RA 9165, Sec. 57. Id.

170 171

Endnotes

195

172 173 174 175 176

RA 9165, Sec. 66. Id, Sec. 70. PD 1563, Sec. 3(a). PD 1563, Sec. 5. RA 7610, Sec. 5.

Chapter 5
177 178 179 180 181 182 1987 Philippine Constitution, Art.VI, Sec. 1. RA 7160, Sec. 390 (Hereinafter cited as The Local Government Code). The Local Government Code, Sec. 391. City Council Local Government Code, Sec. 457. Supreme Court decision in Garcia vs. Commission on Elections (30 September 1994) G.R. No. 111230 as cited in Alberto C. Agra. Compendium on Local Autonomy and Local Government 1992-1997. 2nd ed. 1997, p. 195. Department of Interior and Local Government Opinion No. 31-1996, as cited in Alberto C. Agra. Compendium on Local Autonomy and Local Government 1992-1997, 2nd ed., 1997, p. 195. Ordinance No. 7918 entitled, An Ordinance Prohibiting Any Person or Owner/ Manager of Business Establishments to Sell, or Cause the Selling or Peddling of Industrial or Commercial Adhesives, Solvents and other Related Volatile Substances to Minors, and for Other Purposes. (19 December 1996). Id. Sec. 1. Id. Sec. 3. Id. Sec. 4. Id. Sec. 5. PD 603 (See discussion under Title VIII, Chapter 3). Ordinance No. 7918, Sec. 7. Ordinance No. 7931 effectively repealed Sec. 842-A and B of City Ordinance Nos. 2878, 2927 and 4012 on the curfew hours. Ordinance No. 8046 entitled, An Ordinance Declaring the Hours from 10:00 p.m. to 4:00 a.m. of the following day as Barangay Curfew Hours for Children and Youths below Eighteen (18) Years of Age, Prescribing Penalties Therefor, and for other Purposes (14 October 2002). Id. Sec. 2. Id.

183

184

185 186 187 188 189 190 191 192

193 194

196

Save the Children UK

195 196 197 198 199 200

Id. Sec. 2(d). Id. Sec. 4. Id. Sec. 5. Id. Sec. 3. Resolution for the Implementation in Zone 74, District V, Paco Manila of Curfew Hours from 10:00 p.m. to 5:00 a.m. for Minors 17 Years Old and below. Resolution Directing All Concerned Barangay Ofcials of Zone 55 District IV, Manila to Take Necessary Actions to Combat Criminality Including the Imposing of Curfew in their Respective Areas. An Ordinance Prohibiting Indecent Exposure and Disorderly Behavior Outside the Immediate Vicinity of Any Night/Day Entertainment Spot in the City of Manila; and Providing Penalty for Violation Thereof (27 April 1990). Id. Sec. 2. Id. Sec. 1. Id. Id. Sec. 3. Ordinance No. 7780 entitled, An Ordinance Prohibiting and Penalizing the Printing, Publication, Sale, Distribution and Exhibition of Obscene and Pornographic Acts and Materials and the Production, Rental, Public Showing and Viewing of Indecent and Immoral Movies, Television Shows, Music Records,Video and VHS Tapes, Laser Discs, Theatrical or Stage and Other Live Performances, Except those Reviewed by the Movie Television Review and Classication Board, Sec. 3 (19 February 1993). Id. Sec. 2(A). Id. Sec. 2(B). Id. Sec. 4. Ordinance No. 7791 entitled, An Ordinance Prohibiting Sexual Relations with, and Solicitation or Procurement of, Prostitutes and Other Related Acts, Providing the Penalties Therefor. Sec.1. (11 June 1993). Id. Sec. 2. Id. Sec. 3(b). Id. Sec. 3(c). Id. Secs. 4 and 4(a). Id. Sec. 4(b). Ordinance No. 7824 entitled, An Ordinance Prohibiting Minors from Smoking Cigarettes, Cigars, and Other Tobacco Products within the City of Manila. Sec. 1 (09 December 1993). Id. Sec. 4.

201

202 203 204 205 206

207 208 209 210

211 212 213 214 215 216

217

Endnotes

197

218 219 220 221

Id. Sec. 5. An Ordinance Prohibiting the Selling of Cigarettes, and Cigarette Paraphernalia to Minors and Providing Penalties for Violation Thereof (18 February 1994). Id. Sec. 3. An Ordinance Prohibiting Any Person, Owner, Operator, Administrator, Manager, or Person in Charge of Operation of Restaurants, Eateries and Other Similar Establishments to Allow Children Below Eighteen (18) Years Old to Stay, Loiter or be Seated at Designated Smoking Areas Within Subject Establishments, Providing Penalties for Violation Thereof and for Other Purposes (18 March 1998). Id. Sec. 2. Id. Sec. 3. Id. Sec. 4. Ordinance No. 7971 entitled An Ordinance Amending Ordinance No. 6511, Prohibiting the Defacing, by Painting, Writing, Scribbling, Scrawling, Drawing, Smearing, Coloring, Stamping or Inscribing of Window Panes of Buildings, Edices, Houses or Structures, Whether Public or Private, of Lampposts, Street Signs, Streets, Sidewalks or Other Public Property, With Certain Exceptions, and Providing Penalty for Violation Thereof, and for Other Purposes (29 October 1999) amending Manila Ordinance No. 6511. Id. Sec. 2. Id. Id. Sec. 3. Ordinance No. 7926 entitled, An Ordinance Providing for the Public Identication and/ or Publication of Known and/or Conrmed Drug Lords, Drug Pushers, Drug Peddlers or Brokers and Protectors, Gambling Lords and Protectors and Other Known Criminal Elements by Painting or Inscribing with Appropriate Markings on their Houses, Residences, Walls, Gates, Fences or Other Premises Thereof, for the Protection, Safety and Welfare of the Public, Especially the Youth. (06 August 1997). Sec. 16 of the General Welfare Clause of the Local Government Code states that: Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efcient and effective governance, and those which are essential to the promotion of the general welfare.Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientic and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants. Id. Sec. 1. An Ordinance Prohibiting the Showing of Movie Trailers of Films with R (Restricted) and PG (Parental Guidance) Classications During Intermissions/Breaks on the Duration of Playdates of a GP (General Patronage) Movie/s in the City of Manila, Providing Penalties Thereof (28 August 1997).

222 223 224 225

226 227 228 229

230

231 232

198

Save the Children UK

233 234 235 236 237 238 239

Id. Sec. 1. Id. Sec. 2. Ordinance No. SP-572 (21 October 1997). Quezon City Child and Youth Welfare Ordinance, Sec. 28. Id. Sec. 29. Id. Sec. 30. An Ordinance Banning the Use of Pellet Guns/Toy Guns and/or Watusi Pyrotechnics within Barangay Masambong, San Francisco Del Monte, Quezon City, and the Imposition of the Corresponding Penalties for Violation Thereof. Watusi is the word used to refer to dancing re crackers, which are very popular among young children in the Philippines. The sampaguita are small white fragrant owers found throughout Southeast Asia. Rugby is a coined word for a type of commercial adhesive. Id. Sec. 7, in relation to Sec. 4(g). Id. Sec. 8(b). Id. Id. Secs. 7(b) and 11(b). Id. Sec. 11(a). Id. Sec. 8(b). Id. Sec. 19. Id. Sec. 20. Id. Sec. 22. Id. Sec. 23. Id. Sec. 27. A Resolution Strongly Urging Parents of Children and/or Minors Below Eighteen Years of Age to Control and/or Regulate the Movements of their Children after 12:00 Oclock Midnight and Before 4:00 Oclock the Following Morning (As Amended by Resolution No. 5/A S-2002), Every Night, Unless on Special and/or Emergency Cases Where the Parents are Strongly Urged to Issue a Written Consent to the Minor Concerned, or Else the Full Force of the Vagrancy Law will be Imposed. An Ordinance Implementing a City-Wide and Homogenous Night-Time Ban Policy for Minors, Aged Seventeen (17) Years Old and Below from the Streets, and Providing for the Corresponding Penalties for Violators and/or Offenders Thereof (1997). An Ordinance Amending and Providing the Necessary Safeguards to City Ordinance No. 0247, Series of 1997, Implementing a City-Wide and Homogenous Night-Time Ban Policy for Minors Aged Seventeen (17) Years Old and Below from the Streets, and Providing the Corresponding Penalties for Offenders and/or Violators Thereof (1998).

240 241 242 243 244 245 246 247 248 249 250 251 252 253 254

255

256

Endnotes

199

257 258 259 260 261 262 263

Ordinance No. 0247, Secs. 3 and 6. Ordinance No. 0259. Sec. 4. Ordinance No. 0247. Sec. 4, as amended by Ordinance No. 0259, Sec. 1. Ordinance No. 0259. 4th Whereas. Ordinance No. 0259 (s. of 1998), Sec. 5 amending Ordinance No. 0247 (s. of 1997),Sec. 8. English translation. An Ordinance Providing for Child Survival, Development, Protection, Security and Participation and Establishing a Comprehensive Children Support System in Pasay City and for Other Purposes (13 February 2001). [Hereinafter referred to as the Child Welfare Code of Pasay City.] Id. Sec. 25. Id. Ordinance No. 290 entitled An Ordinance Prohibiting Minors Below Eighteen (18) Years of Age from Entering The Pasay City Cockpit Coliseum for Purpose of Setting or Participating in Betting as Kristo and Entering the Ring or Rueda Before or During the Actual Cockght in View of the Hazard Posed by the Sharp Blades (GAFF) Attached to the Fighting Cocks and/or Act as Gaffer, Sulatdor, or Nagpapatuka (25 July 1994). Id. Sec. 1. Id. Sec. 2. An Ordinance Amending Ordinance No. 181 S-1992 to Read as Ordinance Imposing Curfew Hour to All Persons Below 18 Years of Age Starting Ten (10:00) oclock in the Evening up to Four (4:00) oclock in the Morning of the Following Day and Providing Penalties to Violators Thereof (22 October 1996). An Ordinance Providing For Child Survival, Development, Protection, Security and Participation and Establishing a Comprehensive Children Support System in Pasay City and for Other Purposes, Sec. 39 (13 February 2001). Ordinance No. 688 (on curfew hours), supra note 82, Sec. 3. Id. Id. Sec. 5. Id. Sec. 4. Child Welfare Code of Pasay City, Sec. 39. An Ordinance Prohibiting the Recruitment of Minors to All Fraternities and Other Similar Organizations and Providing Penalty Thereof (31 August 1992). Id. Sec. 2. Id. Sec. 1(c). Id. Sec. 1(b). Id. Sec. 3.

264 265 266

267 268 269

270

271 272 273 274 275 276 277 278 279 280

200

Save the Children UK

281

An Ordinance Prohibiting the Drinking of Intoxicating Liquor and Beverage in Any Public Place, Building and Cemetery in Pasay City at any Time of the Day or Night and Providing for Violations Therefore (10 May 1994). Id. Sec. 4. An Ordinance Regulating The Sale Or Dispensation Of Intoxicating Liquors And Beverages To Minors (07 September 1999). Id. Sec. 2. Id. Sec. 4. Ordinance No. 1545 entitled, An Ordinance Amending Ordinance 210 S-1993 Prohibiting the Exhibition of Lewd or Obscene Shows in Pasay City (29 June 1999). Child Welfare Code of Pasay City, Sec. 25. Ordinance 311-A entitled, An Ordinance Prohibiting Roller and Skateboard Skaters from Using National and City Roads and Imposing Penalties for Violators Thereof, Sec. 1 (26 September 1994). Id. Ordinance No. 228 entitled, An Ordinance Prohibiting Any Person Who are Under the Age of Eighteen (18) Years Old from Buying/Acquiring and Smoking Cigarettes/Cigars. 4th Whereas and Sec. 3 (13 September 1993). Id. Sec. 4. Id. Ordinance No. 1383 entitled, An Ordinance Prohibiting The Manufacture, Sale And Possession of Toy Guns With Pellet Bullets in Pasay City And Imposing Penalties For Violation Thereof. (14 September 1999). Id. Sec. 2. Id. 2nd to 4th Whereas. Id. Sec. 3. Id. Sec. 4. Ordinance No. 1496 (1999). An Ordinance Prohibiting The Consumption or Drinking of Beer, Wine, Liquor or Similar Intoxicating Beverages in Public Places And Providing Penalty for Violations Thereof, Sec. 2 (07 November 1995). Id. Sec. 1. Id. Sec. 4. Ord. No. 01-07 (703) entitled, An Ordinance Penalizing Any Person Operating a Motor Vehicle under the Inuence of Alcoholic Beverages within the Territorial Jurisdiction of the City of Paraaque. (26 October 2001). Id. Sec. 2.

282 283 284 285 286 287 288

289 290

291 292 293

294 295 296 297 298 299

300 301 302

303

Endnotes

201

304 305

Id. Sec. 4. An Ordinance Restricting the Sale of Cigarettes, Liquors and Other Intoxicating Beverages by Owners and/or Operators or Their Agents and Sellers of Business Establishments to Minors 17 Years and Below (10 October 1995). Id. Sec. 2. Id. Sec. 5. Ordinance No. 99-12 (575) entitled An Ordinance Imposing a Curfew for All Youths Below Fifteen Years of Age Between the Hours of Ten oclock p.m. to Four oclock a.m., Providing its Exceptions and Penalties for Violation Thereof, Sec. 1 (14 September 1999). Id. Id. Sec. 2. Id. Sec. 3. Id. Sec. 4. An Ordinance Prohibiting Jaywalking along Major Thoroughfares within the Municipality and Providing Penalties Thereof (02 July 1996). Id. Sec. 2. An Ordinance Prohibiting Drivers/Operators and Passengers from Smoking Inside Public Utility Jeepneys, Buses, Taxicabs or Any Other Public Conveyance Operating in or through the City of Paraaque, Providing Penalties for Violation Thereof (16 November 1999). Id. Sec. 3. Id. Sec. 4. An Ordinance Restricting The Sale of Cigarettes, Liquors And Other Intoxicating Beverages By Owners And/Or Operators Or Their Agents And Sellers Of Business Establishments To Minors 17 Years And Below (10 October 1995). Id. Sec. 2. Id. Sec. 5. An Ordinance Penalizing Vandalism on Public and Private Properties, Sec. 1 (02 July 1996). Ordinance No. 4728 entitled, An Ordinance Changing the Name Council for the Prevention of Juvenile Delinquency Appearing in Ordinance No. 2950, as Amended by Ordinances Nos. 2998, 3498 and 3509, to Youth Welfare Council (26 May 1960). Ordinance No. 4588 entitled, An Ordinance Appropriating the Amount of P20,000 to be Made Available for the Purchase of Equipment and Other Devices for the Use of the Juvenile Control Bureau of the Manila Police Department in Notifying Parents or Guardians of Estranged or Lost Children Detained in the Said Bureau (29 August 1962).

306 307 308

309 310 311 312 313 314 315

316 317 318

319 320 321 322

323

202

Save the Children UK

324

Ordinance No. 4728 entitled, An Ordinance Appropriating the Amount of P60,000.00 to be Made Available for the Construction of a Building Which Will House the Juvenile snd Domestic Relations Court Near the Youth Reception Center at Arroceros Street, Manila (21 March 1963). Quezon City Child and Youth Welfare Ordinance, Sec. 11. Id. Sec. 12(a). Id. Sec. 12(b). Id. Sec. 12(c). Id. Sec. 15. Id. Sec. 16. Id. Sec. 17. Ordinance No. SP-1026 entitled, An Ordinance Creating the Quezon City Council for the Protection of Children, Dening Its Functions and Membership, Technical Working Group, and for Other Purposes (20 February 2001). Resolution No. SP-524 entitled, A Resolution Adopting and Supporting the Provisions of the United Nations Declaration on the Rights of the Child, the World Declaration on the Survival, Protection and Development of Children, and the Rights of Girl-Child Embodied at the Beijing Platform of Action for Women and Urging the Legislative and Executive Branches of Government to Enact Laws and Implement Plans and Programs Related to the Above Issues (24 October 1995). Ordinance No. SP-5 entitled, Ordinance Establishing the Quezon City Hall Yakap, A Day Care Center for Children Ages 3 to 6 of Parents Employed In Quezon City Hall and Appropriating the Amount of Fifty Thousand pesos Therefor from Any Available Funds (03 August 1992). Ordinance No. NC-146 entitled, Ordinance Establishing the Quezon City Drug Treatment and Rehabilitation Center and Appropriating the Amount of Nineteen Million Seven Hundred Sixty Two Thousand Pesos for the Purpose (16 April 1990). An Ordinance Providing for Child Survival, Development, Protection, Security and Participation and Establishing A Comprehensive Children Support System in Pasay City and for Other Purposes (13 February 2001). Resolution No. 1586 entitled, Resolution Authorizing the Honorable City Mayor Wenceslao B. Trinidad, to Enter into and Sign in Behalf of the City Government of Pasay, A Memorandum of Agreement with the Department of Interior and Local Government (DILG) Represented by its Secretary, Hon. Alfredo Lim, on the Establishment and Maintenance of the Street and Urban Working Children Projects (SUWCP) Social Development Center (SDC) (08 November 2000). Resolution No. 1274 entitled, A Resolution Requiring All Barangay Captains of Pasay City to Create Their Local Barangay Anti-Drug Abuse Council (BADAC) in Their Respective Jurisdictions (22 June 1999).

325 326 327 328 329 330 331 332

333

334

335

336

337

338

Endnotes

203

339

Resolution No. 456 entitled, A Resolution Requesting the Department of Social Welfare and Development, Non-Government Organizations as well as the Chairman of the Committee on Youth and Sports Development, to Coordinate for the Study of the Feasibility of Establishing a Shelter for Street Children in Pasay City (28 September 1992). Resolution No. 02-33 (2677) entitled, A Resolution Extending Financial Assistance in the Amount of Three Hundred Thousand Pesos (P300,000.00) to Tambo Youth Circle (TYC) Balikatan ng mga Kababaihan ng Don Galo, Kudyapi, Philippines (05 March 2002). Resolution No. 01-47 (2530) entitled, A Resolution Authorizing the Hon. Mayor Joey P. Marquez to Sign for and in Behalf of the City Government of Paraaque the Memorandum of Agreement with the Save the Children Foundation to Enable the Latter to Reach a Wider Number of Children, Parent/Caregivers and Community Members (07 August 2001). Resolution No. 00-83 entitled, A Resolution Granting Locational Clearance to Sister Phillip/Sr. Salecia for Their Proposed St. Joseph House (Orphanage) Located at L-1-A-2, 1-A-3 & 1-A-4 El Dorado Avenue, Levitown, Barangay Don Bosco, City of Paraaque, Metro Manila (01 August 2000). Ordinance No. 01-03 (695) entitled, An Ordinance Creating and Establishing a Culture, Arts and Music Training Center for Out-of-School Youth, Street Children and Other Less Privileged Sector in the City of Paraaque. (27 February 2001). Ordinance No. 00-19 entitled, An Ordinance Granting a Monthly Allowance of Five Hundred Pesos (P500.00) Each for the Special Children of Paraaque Currently Enrolled in the Special Education Program of DECS And Appropriating Funds Therefor (10 October 2000). Ordinance No. 00-17 entitled, An Ordinance Establishing a Post-secondary/Tertiary Educational Institution of Science and Technology and Appropriating Funds for the Purpose (02 October 2000). Ordinance No. 93-12 entitled, An Ordinance Establishing a Half-Way Home for Drug Dependents to be Administered by Technical Personnel and Providing Funds Therefor. (29 June 1993). A Resolution Organizing the Barangay Council for the Protection of Children (BCPC) by the Barangay Council Pursuant to PD 603 And DILG Memoranda Circular 90-01 and 94-14. Rule on Juveniles in Conict with the Law, Section 2. Refer to Chapter Three on Related Studies. Resolution of the Supreme Court en banc dated 15 October 1991 providing for the Revised Rule on Summary Procedure for Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts. Emphasis supplied. Emphasis supplied. Emphasis supplied.

340

341

342

343

344

345

346

347

348 349 350

351 352 353

204

Save the Children UK

354 355 356

Emphasis supplied. Quezon City Ordinance No. 4, S-2002. An Ordinance Banning the Use of Pellet Guns/Toy Guns and/or Watusi Pyrotechnics within Barangay Masambong, San Francisco Del Monte, Quezon City, and the Imposition of the Corresponding Penalties for Violation Thereof.Ch. 6 Notes 357 - 384

Chapter 6
357 358 359 360 361 362 363 364 Section 15 (a), Rule 110. Bautista, Rosa Maria J., Prole of the Youthful Offender of Metro Manila, as cited in Salute to Youth U.P(. Law Center, Quezon City: 1989), p. 154. Youth In Detention: Issues and Challenges, A Nationwide Survey, A Project of the Research Committee of the Philippine Action for Youth Offender (Manila 1996), p.11. PNP Youth Offender Data Monitoring System (January to December 2001). Youth In Detention: Issues and Challenges, A Nationwide Survey. A Project of the Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p. 13. PNP Youth Offender Data Monitoring System (January to December 2001). Of the 19 children in high school, 12 were in rst year; 5 in second year and 2 in third year. Of the 14 children in elementary, 1 was in Grade One; 2 were in Grade Two; 1 in Grade Three; 1 in Grade Four; 4 in Grade Five; 4 in Grade Six and 1 did not indicate the grade level. When the 35 children interviewed were asked if they were attending school before their arrest, 13 children answered in the afrmative; 21 children said that they stopped schooling before their arrest and 1 child did not provide an answer. Bautista, Rosa Maria J., Prole of the Youthful Offender of Metro Manila, as cited in Salute to Youth (UPLaw Center, Quezon City: 1989), p.154. Youth In Detention: Issues and Challenges, A Nationwide Survey, A Project of the Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p. 20. Youth In Detention: Issues and Challenges, A Nationwide Survey, A Project of the Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p. 16. Bautista, Rosa Maria J., Prole of the Youthful Offender of Metro Manila, as cited in Salute to Youth (U.P. Law Center, Quezon City: 1989), p. 155. Youth In Detention: Issues and Challenges. A Nationwide Survey. A Project of the Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p. 17. The tricycle, a motorcycle with a side car used for carrying passengers, is an alternative means of transportation most commonly used in the side streets of Metro Manila and in many other places in the country. A pedicab is a bicycle with a side car that is used as a means of public transportation. It is usually taken for travel of short distances.

365

366 367 368 369 370 371

372

Endnotes

205

373 374 375 376

Bautista, Rosa Maria J., Prole of the Youthful Offender of Metro Manila, as cited in Salute to Youth (UP Law Center, Quezon City: 1989), p. 154. The Comprehensive Dangerous Drugs Act of 2002, Republic Act No. 9165. Bautista, Rosa Maria J., Prole of the Youthful Offender of Metro Manila, as cited in Salute to Youth (U.P. Law Center, Quezon City: 1989), p. 139. Survey on Youth Offenders at Camp Sampaguita and Correctional Institute for Women {Bureau of Child and Youth Welfare, Department of Social Welfare and Development, 1993), p. 30. Youth In Detention: Issues and Challenges, A Nationwide Survey, A Project of the Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p.27. Shabu is the popular name for metampethamine hydrochloride. Bautista, Rosa Maria J., Prole of the Youthful Offender of Metro Manila, as cited in Salute to Youth (U.P. Law Center, Quezon City: 1989), p. 154. Bautista, Rosa Maria J., Prole of the Youthful Offender of Metro Manila, as cited in Salute to Youth (U.P. Law Center, Quezon City: 1989), p. 154. After arraignment, the court is required to order a pre-trial conference to consider the following: (a) plea bargaining; stipulation of facts; marking for identication of evidence of the parties; (d) waiver of objections to admissibility of evidence; (e) modication of the order of trial if the accused admits the charge but interposes a lawful defense; and (f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case (Rule 118, Section 1, Revised Rules of Court). Preliminary investigation is required to be conducted before the ling of a complaint or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the ne (Rule 112, Section 1, Revised Rules of Court). Lawyer appointed by the court who is often a government lawyer or public defender. Bautista, Rosa Maria J., Prole of the Youthful Offender of Metro Manila, as cited in Salute to Youth (UP Law Center, Quezon City: 1989), p. 152.

377 378 379 380 381

382

383 384

Chapter 7
385 Art. 87. Council for the Protection of Children. - Every barangay council shall encourage the organization of a local Council for the Protection of Children and shall coordinate with the Council for the Welfare of Children and Youth in drawing and implementing plans for the promotion of child and youth welfare. Membership shall be taken from responsible members of the community including a representative of the youth, as well as representatives of government and private agencies concerned with the welfare of children and youth whose area of assignment includes the particular barangay and shall be on a purely voluntary basis. Said Council shall: (1) Foster the education of every child in the barangay; (2) Encourage the proper performance of the duties of parents, and provide learning opportunities on the adequate rearing of children and on positive parent-child relationship; (3) Protect and

206

Save the Children UK

assist abandoned or maltreated children and dependents; (4) Take steps to prevent juvenile delinquency and assist parents of children with behavioral problems so that they can get expert advise; (5) Adopt measures for the health of children; (6) Promote the opening and maintenance of playgrounds and day-care centers and other services that are necessary for child and youth welfare; (7) Coordinate the activities of organizations devoted to the welfare of children and secure their cooperation; (8) Promote wholesome entertainment in the community, especially in movie houses; and (9) Assist parents, whenever necessary in securing expert guidance counseling from the proper governmental or private welfare agency. In addition, it shall hold classes and seminars on the proper rearing of the children. It shall distribute to parents available literature and other information on child guidance. The Council shall assist parents, with behavioral problems whenever necessary, in securing expert guidance counseling from the proper governmental or private welfare agency. 386 The Miranda Doctrine embodies the rights of the accused which a law enforcer recites to an individual upon arrest as matter of procedure. This consists of the right to be warned prior to any questioning that the person has the right to remain silent, that anything that one says can be used against him/her in a court of law, that one has the right to presence of any attorney, and that if he/she cannot afford an attorney, one will be appointed for him/her prior to any questioning if he/she so desires. Sec. 5, Republic Act No. 8369, An Act Establishing Family Courts, Granting Them Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas Pambansa Bilang 129, as Amended, Otherwise Known as the Judiciary Reorganization Act of 1980, Appropriating Funds Therefor and for Other Purposes. Section 11, Rules on Juveniles in Conict with the Law, A.M. 02-1-18-SC, Supreme Court, April 15, 2003. For the purposes of this research, criminal cases handled by the respondents are led with the Prosecutor only, as the respondents are from Family Courts within Metro Manila. Section 1 of the 1991 Revised Rule on Summary Procedure provides: SECTION 1. Scope. --- This rule shall govern the summary procedure xxx in the following cases falling within their jurisdiction: B. Criminal Cases: xxx

387

388 389

390

xxx (3) Violations of municipal or city ordinances; (4) All other criminal cases where the penalty prescribed by law for the offence charged is imprisonment not exceeding six months xxx. 391 392 393 394 395 Section 3 of Rule 112, Revised Rules of Criminal Procedure provides that, Rule on Examination of Child Witness, 15 December 2000. Section 13, Rules on Juveniles in Conict with the Law, A.M. No. 02-1-18-SC, 15 April 2002. Section 14, Id. Section 15, Id.

Endnotes

207

396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418

Section 16, Id. Section 17, Id. Section 18, Id. Section 19, Id. Section 20, Id. Section 27, Id. Section 1, Rule 119, Revised Rules on Criminal Procedure. Section 2, Id. Section 3, Id. Section 4, Id. Section 29, Rules on Juveniles in Conict with the Law, A.M. 02-1-18-SC, Supreme Court. Section 30, Rules on Juveniles in Conict with the Law, A.M. 02-1-18-SC, Supreme Court. Section 31, Rules on Juveniles in Conict with the Law, A.M. 02-1-18-SC, Supreme Court. Section 6, Rule 120, Revised Rules on Criminal Procedure. Paragraph 1, Section 32, Rules on Juveniles in Conict with the Law, A.M. 02-1-18-SC, Supreme Court. Paragraph 2, Section 32, Rules on Juveniles in Conict with the Law, A.M. 02-1-18-SC,, Supreme Court. Paragraph 3, Section 32, Rules on Juveniles in Conict with the Law, A.M. 02-1-18-SC,, Supreme Court. Paragraph 1, Section 33, Rules on Juveniles in Conict with the Law, A.M. 02-1-18-SC,, Supreme Court. Paragraph 2, Section 33, Rules on Juveniles in Conict with the Law, A.M. 02-1-18-SC,, Supreme Court. Paragraph 3, Section 33, Rules on Juveniles in Conict with the Law, A.M. 02-1-18-SC,, Supreme Court. Paragraph 1, Section 36, Rules on Juveniles in Conict with the Law, A.M. 02-1-18-SC,, Supreme Court. Paragraph 2, Section 35, Rules on Juveniles in Conict with the Law, A.M. 02-1-18-SC,, Supreme Court. Section 38 provides: The Family Court, motu proprio or on application of a person who has been adjudged a juvenile in conict with the law, or if still a minor, on motion of his parents or legal guardian, shall, upon notice to the prosecution and after hearing, order the sealing of the records of the case if it nds that two (2) years have elapsed since the nal discharge of the juvenile after suspension of sentence or probation, or from the date of the closure order and he has no pending case of an offense or a crime involving moral turpitude. Upon entry of the order, the case shall be treated as if it never occurred. All index

208

Save the Children UK

references shall be deleted and in case of inquiry, the Family Court, prosecution, law enforcement ofcers and all other ofces and agencies that dealt with the case shall reply that no record exists with respect to the juvenile concerned. Copies of the order shall be sent to these ofcials and agencies named in the order. Inspection of the sealed records thereafter may be permitted only by order of the Family Court upon petition of the juvenile who is the subject of the records or of other proper parties. This procedure shall be without prejudiced to the rule on destruction of video or audio tapes under Section 31 of the Rule on the Examination of a Child Witness. 419 420 421 422 Section 20, Rules on Juveniles Section 36, supra. Section 39, supra. This period was taken from the totality of the periods within which the prosecutor has to act before ling the information in court, and does not include the lapse of time from the date of issuance of the subpoena or notice to reply to the date of actual receipt by any party. Article 191, Child and Youth Welfare Code, as amended (1974). Mer Layson, 30 minors bolt Manila youth detention center, available at http://www.manilatimes.net/national/2002/sept/12/metro/20020912met1.html. Section 32, Rules on Juveniles in Conict with the Law, Supreme Court A.M. No. 02-118-SC (Effective April 15, 2002). Presidential Decree No. 1990, Amending Presidential Decree No. 968 otherwise known as the Probation Law of 1976 (October 5, 1985). Presidential Decree No. 968, Probation Law of 1976 (July 24, 1976). Due to the separate ofces of city social workers in Manila and Quezon City, their exact numbers where not ascertained during the interviews. Article 191, Presidential Decree No. 603, as amended.

423 424 425 426 427 428 429

Chapter 8
430 Due to the nature of their function, some of the questions were not asked of the Correction pillar. Since their function is the implementation of a decision by the courts, diversion is not applicable to them. A.M. No. 02-1-18-SC Section 4 (f). Section 4 (g). Section 20. Composed of its branch clerk of court as chairperson, and the prosecutor, a lawyer of the Public Attorneys Ofce and the social worker assigned to the said Family Court, Section 21. Section 20.
Endnotes

431 432 433 434 435

436

209

437

In making its recommendation, the Committee shall consider the following factors: a) The record of the juvenile on his conict with the law; b) Whether the imposable maximum penalty of the offence is more than six (6) months, regardless of ne; or only a ne, regardless of amount; c) Whether the juvenile is an obvious threat to himself and/or the community; d) Whether the juvenile is unrepentant; e) Whether the juvenile or his parents are indifferent or hostile; and f) Whether the juveniles relationships with his peers increase the possibility of delinquent behaviour. (Section 22)

438

The Committee cannot recommend diversion should the juvenile or the private complainant object thereto. If no diversion programme is recommended, the court shall include the case in its calendar for formal proceedings. It may include any or a combination of the following: a) b) c) d) e) f) g) Written or oral reprimand or citation; Return of property; Payment of the damage caused; Written or oral apology; Guidance and supervision orders; Counselling for the juvenile and his family; Training, seminars and lectures on (i) anger management skills; (ii) problem-solving and/or conict resolution skills; (iii) values formation; and (iv) other skills that will aid the juvenile to properly deal with situations that can lead to a repetition of the offence; h) Participation in available community-based programmes; i) Institutional care and custody; or j) Work-detail programme in the community. (Section 22)

439

440

Section 23. In all cases where a juvenile in conict with the law is given the benet of a diversion programme, an undertaking describing the programme shall be signed by him, his parents or legal guardian and the complainant, and approved by the Family Court. It may, however, extend the period of diversion to give the juvenile a further chance to be rehabilitated. Section 25.

441 442

Chapter 9
443 444 445 446 Section 20, Rules on Juveniles Section 36, supra. Section 39, supra. This period was taken from the totality of the periods within which the prosecutor has to act before ling the information in court, and does not include the lapse of time from the date of issuance of the subpoena or notice to reply to the date of actual receipt by any party. Article 191, Presidential Decree No. 603, as amended.

447

210

Save the Children UK

Case Studies

Note: The real names of the children interviewed have been changed to protect their identity.

Case Study 1: Dennis


(Interviewed 8 January 2003)

PERSONAL PROFILE AND CIRCUMSTANCES Dennis was 11 years old at the time of his arrest. He grew up in Mindanao Avenue, Quezon City. Before the arrest, he was residing in Tandang Sora (near the public market) with his parents. His father worked as a reghter and his mother stays at home. He is the third of six children. Dennis nished third grade. He spends most of his time playing computer games (Counter Strike) and hanging around with his barkada (gang mates). He is a member of the Onse P Gang or Onseng Palaboy (Eleven Vagrants). Dennis smokes, drinks alcohol and, on one occasion, tried smoking marijuana. He has been arrested three times. BACKGROUND OF ARREST In August 2002, a security guard caught Dennis stealing slippers, bags and money from the public market. GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE The security guard explained to Dennis why he was arrested. He veried Dennis age but did not inform the latter of his rights. He hit Dennis on the face and brought him to the barangay hall where he stayed there for a day. From the barangay hall, he was brought to the police station. The police ocer veried his age and took his picture and ngerprints but did not explain to him the charge against him. He did not read Dennis his rights as an accused. Within 36 hours from his arrest, Dennis was brought to the prosecutors oce for inquest. He was accompanied by three police ocers. During the inquest, the prosecutor did not verify Dennis age, neither did he read him his rights nor explained to him the nature and cause of the accusation against him. The prosecutor only asked him about the goods that he stole from the market. According to him, the prosecutor paid more attention to the complainant and the police ocers. During the rst court hearing, Dennis was represented by a lawyer. He does not know whether the lawyer was a private counsel or from the PAO. The only instance
Case Studies

211

when his lawyer talked to him was before the arraignment but it was only for (30 minutes. The court did not verify Dennis age. The public was also not excluded during the trial. Dennis has already attended three hearings. According to him, nothing much happened during these hearings because the complainant did not appear in court. He said that he did not understand the court proceedings. SITUATION IN THE DETENTION AND REHABILITATION CENTRE After the police investigation, Dennis was detained at the precinct for two weeks. There were seven detainees in the precinct--four children and three adult females. He was later transferred to the Molave Youth Center. Dennis shares one dormitory with 16 other detainees. Among the activities in the centre, he enjoys candle and keychain making the most. He likes studying the least. CONCEPT OF DIVERSION AND ITS IMPACT ON THE CHILD The interviewer explained to Dennis the meaning or concept of diversion. Dennis believes that not all children in conict with the law should be diverted from the criminal justice system. The application of diversion should depend on the gravity of the oence committed by the child. In light cases, the punishment should be to make the oenders render community work and eventually nd employment. Diversion should start at the community level to prevent child oenders from being put in jail. He also mentioned that the social worker requested for his temporary release, but the court denied it. SUGGESTIONS GIVEN BY THE CHILD Dennis suggested that in order to prevent children from coming into conict with the law, adults should make sure they always do what is right. Parents should not physically punish their children. Barangay ocials, on the other hand, must help kids like Dennis to stay away from jail. There should be more female police ocers when a case is being investigated. Dennis said the public should not be allowed to witness the trial of a case involving children in conict with the law. The court social worker should remind the judge to observe this.

212

Save the Children UK

Case Study 2 : Jerry


(Interviewed 8 January 2003)

PERSONAL PROFILE AND CIRCUMSTANCES Jerry used to live with his family in Bulacan up until he ran away from home (nagstokwa or went stow-away) and moved to Bagong Pag-asa, Agham, Quezon City. He stayed with his barkada or gang mates. He had already quit school when he was arrested. He nished rst year high school. Jerrys parents are separated and he does not know where his biological mother is. His father is still alive and works as a barangay ocer in Bulacan. He is the second of three siblings. At the time of his arrest, Jerry was a hold-upper. He was a member of the Original Pinoy Gangsta and a member of the Bahala Na Gang. He and other members of the gang engaged in hazing, drank alcohol, smoked cigarettes, used drugs like shabu and marijuana, picked girls up, and robbed people. BACKGROUND OF ARREST This is Jerrys rst arrest. He and six of his gang mates were caught while they heldup a public passenger jeepney. He was the only minor. Only two were arrested while the other four ed when a passenger-police ocer on the jeepney shot Jerry. Subsequently, the arresting police ocers and Barangay Tanods who responded to the incident brought Jerry to a hospital before the police investigation. Two passengers were killed, the police ocer and a woman. Meanwhile, the womans husband was paralysed. Jerry was charged with robbery with double homicide. GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE The arresting ocer identied himself to Jerry. He asked Jerry his name, age, and address. Jerry gave a false address because he did not want his family to nd out about the incident. The arresting ocers hit him and used vulgar words with him. During the police investigation, Jerry was asked his age, ngerprinted and photographed. There was no lawyer present during the police investigation. Jerrys family discovered what happened to him when they saw the news on television. Jerry was handcued and brought to Camp Karingal for detention.

Case Studies

213

A week after his arrest, Jerry was brought to a prosecutor for inquest or preliminary investigation. Jerrys father, grandmother, older sister, the police ocer, the prosecutor, the complainant, and a witness were all present during the investigation. The scal read the report made by the police, and then explained to Jerry why he was being investigated. The court reviewed the police report and Jerrys birth certicate to ascertain his age. A PAO lawyer represented Jerry during the trial. At rst, Jerrys lawyer discussed the case with him before they went to trial. Later on, the lawyer did the same. The public was not excluded during his trial. Jerry was able to understand the court proceedings when it was explained by the social worker from Molave who was assigned to him. His last trial scheduled on 15 October 2002 was reset to 13 January 2003. The trial scheduled for October was not listed on the BJMP calendar. Jerry wanted to get a private lawyer. He felt that the PAO lawyer assigned to him was not doing his job well. The lawyer was courting Jerrys sister, which is another reason why he did not like the said lawyer. His lawyer wanted him to plead guilty to the crime he was charged with. On the day that he was supposed to plead guilty, the complainant did not appear in court. The next hearing date was rescheduled. His lawyer told him he would be sent to the National Bilibid Prisons in Muntinlupa. He was very frightened. SITUATION IN THE DETENTION AND REHABILITATION CENTRES After the arrest and police investigation, Jerry was brought to Camp Karingal for detention. There were around 17 men inside the cell. Adult oenders were detained together with the children in conict with the law. The female oenders were separated from them. Pending the trial, Jerry stayed at the Molave Youth Center. He was the dorm leader of Dorm 3. He shared the room with 27 other children. Being the dorm leader, he was in charge of giving speeches if there are special occasions. He was also tasked to welcome or thank the guests and/or visitors. When there are new detainees, he would assist them. Jerry would tell the new detainees to respect those in authority or in uniform (referring to the social workers and jail guards in Molave); and that they should learn how to cooperate with the other detainees. Jerry liked all the activities in Molave such as soap making, sewing, singing, and dancing. He enjoyed drawing and studying electronics the most. He even won rst place in the 2001 and second place in the 2002 poster-making contests held in Molave. He would like to get a degree in Computer Technology.
214
Save the Children UK

He observed that there were enough supplies of food, slippers and toiletries for them. He believes, however, that additional funds should be given to the centre to buy medicines. He lent and gave some clothes to the new detainees, especially those who had nothing with them when they arrived at the Molave Youth Center. CONCEPT OF DIVERSION AND ITS IMPACT ON THE CHILD Jerry does not completely agree with the concept of diversion. The settling of the case should depend on the economic status of the parents of the child in conict with the law. Some parents are not capable of paying the amount of money demanded or the amount of damage caused by their children. Similarly, some complainants or the relatives of the complainants take advantage of the situation to demand a much higher compensation. There was an attempt to divert or settle Jerrys case at the court level. The wife of the slain police ocer stopped attending the hearings and lost interest in the case. The parents of the woman who was killed wanted the case to be diverted. However, the parent of the man who was paralysed wanted the case to push through. SUGGESTIONS GIVEN BY THE CHILD Jerry opined that children come into conict with the law because they rebel. It does not necessarily mean that their parents neglect them. In order to prevent other children from coming into conict with the law, Jerry would like to share with them his experiences. He would like to convince them to avoid doing things they might regret in the future. Jerry thinks that his fathers way of disciplining them--by telling them that what they did was wrong, is an eective way of disciplining children. He narrated that his father would spank him or hit him only when he is being too dicult. He believes that parents should discipline their children by talking to them. The children would understand that what they did was wrong if their parents would tell them, instead of physically hurting them. He added that children who experienced physical punishment from their parents learn to be more aggressive and tend to rebel against their parents. He emphasised that problems can be solved when people talk or discuss them. Jerry thinks that the minimum age of criminal liability should be 18 years old. Below that age, a child is too young to be detained and not capable of understanding the things he or she did. Children below 18 years of age are also easily inuenced by his or her peers or barkada. He feels that at the age of 18, an individual can be charged with the oence he committed because he is no longer a minor.

Case Studies

215

Although Jerry agrees with imprisonment as punishment for children in conict with the law, he believes that they should not be detained for a long period of time. Children in conict with the law should experience being detained so they would be scared of repeating the wrong they did. As he puts it, Dapat makulong din pero huwag matagalan, para lang madala sila sa ginawa nila at matakot, para hindi na nila ulitin [They should also be put in jail, but not for a very long period, just so they will learn their lesson and for them to refrain from repeating the act again]. Jerry pointed out that barangay ocials and police ocers should not hurt children in conict with the law. Likewise, he said that the latter should stop engaging in corrupt practices and refrain from abusing authority. Jerry stressed that these ofcials are not doing their job well. The process in court is slow and it takes months for the hearing to continue and sometimes the trials are re-scheduled. As for the correction level, he suggested that more ocials should be assigned so they could focus on the situation of each child detained in the detention centres.

216

Save the Children UK

Case Study 3: John


(Interviewed 8 January 2003)

PERSONAL PROFILE AND CIRCUMSTANCES John is a 15-year-old male who grew up in Ormoc, Leyte. He came to Manila with his mother in the hope of nding a better life. They lived in Sucat, Paraaque where his mother sold barbeque. He does not know who his father is. He has an elder sister, now 17 years old, who remained in Ormoc, Leyte to continue her studies. John nished elementary education in Ormoc. When he arrived in Manila with his mother, he found work as a dishwasher in Laguna. After seven months, he quit and worked as a barker hailing jeepneys (nagtatawag ng jeep) and assisting passengers in Sucat. Like boys his age, he enjoys playing basketball. He has friends but is not a member of any gang. Besides smoking, he does not have any other vice. His only wish is that he can go back to Leyte to be with his old friends again. If given the chance, he also wants to nish high school and nd decent work. BACKGROUND OF ARREST This is Johns rst arrest. He was arrested for robbing a person while he was hailing jeepneys in Upper Sucat. It was the father of the person he allegedly robbed who arrested him. The arrest was without a warrant. It was made the next day after the alleged robbery and he was brought to the police station in Coastal. GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE During the investigation, the police asked how old he was, afterwhich, his ngerprints and photograph were taken. They explained the nature and cause of the accusation against him. However, the police did not tell him his rights as an accused. Furthermore, the police ocers used vulgar words and other profanities and also kicked him. He remembers no one assisting him during the police investigation. No lawyer was present. The media reporters at the police station merely took pictures and did not interview him. Within 36 hours after the police investigation, he was brought to a prosecutor for preliminary investigation. During the inquest, only the prosecutor was present. No lawyer assisted John. Again, he was asked how old he and was told why he was

Case Studies

217

brought to the police station. However, they did not inform him of his rights as an accused. Currently, Johns case is on trial stage and he is being represented by a PAO lawyer. He appeared only once in court and that was during his arraignment. However, the PAO lawyer did not discuss the case with him. John says the court asked if he fairly understood the proceedings in court even if no one explained to him what was going on. He said people inside the court did not leave the room during his arraignment. SITUATION IN THE DETENTION AND REHABILITATION CENTRES John was detained for one day and one night at the police station in Coastal Paraaque. He remembers sharing the cell with eight other inmates. There were also adult oenders in the jail, all males. CONCEPT OF DIVERSION John believes that children in conict with the law should be diverted from the criminal justice system. According to him because of their tender age, children do not understand the consequences of their actions in most cases. He believes that diversion should occur in the community or barangay level in order to speed up the release of the children in conict with the law. John does not know whether there was any attempt to divert or settle the case against him. SUGGESTIONS GIVEN BY THE CHILD John thinks the reason why children come into conict with the law is poverty. Children need to survive and pay household expenses. He thinks that the minimum age at which a person may be held criminally liable is 13 years old. At that age, a child already has a sense of right and wrong. In addition, the child has already nished elementary grade at that age. He thinks that parents may spank and scold children to discipline them. These are eective in teaching children not to do the wrong things. He says that when a child is wrong and scolded, he or she admits his or her faults. He cannot think of other eective means of disciplining a child. However, he does not have a denite answer when he was asked whether he agrees that children in conict with the law should be incarcerated. He just bowed his head and said, Maybe.

218

Save the Children UK

He believes that children in conict with the law should not be put in jail but should be conned in their respective houses, under the care and supervision of their parents, similar to house arrest. He says the community, through the barangay ocials, should help solve problems in the barangay. Furthermore, law enforcers should explain to the children they arrest what their rights are. He adds that programmes that aim to provide detained children with food and education should be encouraged.

Case Studies

219

Case Study 4 : Joseph


(Interviewed 8 January 2003)

PERSONAL PROFILE AND CIRCUMSTANCES Joseph is the fourth of ve children. His family is from the province of Samar. They moved to Manila when he was 10 years old. At the time of his arrest, he was only 17 years old and he was living with his parents in their residence in Muoz, Quezon City. As of this interview, his parents still live together in Muoz. His father and mother both earn a living as street vendors at the Muoz market. Joseph would help them whenever he is not in school. Joseph was in rst year high school when he was arrested and never resumed schooling since then. He did not have any work other than helping his parents at the market. His interests revolve around sports such as basketball and singing rap music. His ambition is to become a police ocer like one of his uncles. Joseph is not a member of any gang. His friends or barkada include some of his immediate cousins, mostly his own age. His vices include smoking and drinking alcoholic drinks. BACKGROUND OF ARREST This is Josephs rst arrest. He and his barkada, composed of around ten minors, were hanging out near Muoz Market at around 11pm when three police ocers passed by. They were accompanied by two civilians whom he later learned were his accusers. When they were approached by the police, the group was asked to stand up and face them, saying that two persons complained of a snatching incident that same day. Joseph and his group did as they were told. They were all asked to take o their caps. When the complainants surveyed them, Joseph and another minor were pointed out as the snatchers. According to the complainants, they recognised Joseph and his companions clothes and necklaces but could not exactly pinpoint them by their faces alone. Later it turned out that the other minor was mistaken for another. After being pinpointed, only Joseph was brought to the Baler police station. GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE Joseph did not resist the arrest in any way. The arresting ocer asked him his age but did not inform him of his rights. The ocer did not identify himself, but Joseph recognised him as a police ocer because of his cap. Joseph was not physically abused or harassed in any way at the time of his arrest. The policeman
220
Save the Children UK

did not carry a gun or stick and did not use any force against Joseph since he did not resist the arrest. However, the ocer did not attempt to inform his parents or relatives of the arrest. He was brought immediately to the Baler station without going through any physical or mental examination. The next morning the desk ocer of Baler station interviewed him. No lawyer assisted him and no media personnel interviewed him. The police did not personally inform him of the cause of his arrest because there was already a complaint against him. Joseph was not ngerprinted nor was his photograph taken. According to the ocer, his arrest was based simply on the positive identication made by the complainants when he was arrested. Within twelve hours from his arrest, Joseph was brought to the prosecutors oce for an inquest. He was not assisted by any lawyer, nor was he told that he should get one. The other persons present during the investigation were the two complainants, the prosecutor, and the arresting ocer. He was not asked how old he was because it was already contained in the record. He was not informed of his rights, but was informed about the nature and cause of his arrest (robbery). During his arraignment and pre-trial, a DSWD representative, who was not a lawyer, assisted Joseph. It was during the second hearing that a lawyer appeared. He was a friend of the DSWD representative. On his second hearing, Joseph was asked by the lawyer if he had any defence. He was also informed of the probable outcome of the case. He was even told that considering he was only 17 years old, he should plead guilty so that he would be sentenced to four years in Tanay, Rizal, a centre for minors. If he does not plead guilty now, the case could drag on. f he is convicted after he reaches 18 years old, he could be sentenced to four years in Muntinlupa, a prison for adults. Joseph refused and maintained his innocence. Josephs hearings were open to the public. He did not understand any of the proceedings before the court. During his rst two appearances, the court did not ask him his age. It was only on the second hearing that the lawyer explained to him what could happen. SITUATION IN DETENTION AND REHABILITATION CENTRES During his stay at the Baler station, he was placed in a small room along with adults and three minors. Adjacent to their room was another cell with female detainees. He was detained there for 20 days before being brought to Molave.

Case Studies

221

He was able to mingle freely with female detainees through the adjacent wall of the room. There were no other activities in the detention centre other than the visiting hours. At the rehabilitation centre in Molave, there were around 27 minors in one dorm. He is not able to mingle freely with female inmates because their cells are in separate portions of the building. There are several activities in the centre that includes study periods, cooking classes and cleaning chores. He enjoys hanging out inside one of the bigger rooms where all male minors can sing and watch television. He also looks forward to visiting hours. He does not like it when there is nothing to do and when no one comes to see him during the visiting hours (weekends at 1pm - 5pm and weekdays at 3pm - 5pm). CONCEPT OF DIVERSION For children above nine years old, diversion should not be applied. Joseph believes that if a child is truly guilty of a crime, the child should be disciplined through the justice system. It is the best way for the child to realize the wrongful act. However, he is not against settling the case whenever possible. He believes that settlement is proper because court proceedings take a long time. For those under nine years old, diversion should be the rst option. This should be done even if the child admits to the crime. Joseph believes that diversion should be applied in the community or barangay level, as much as possible. In case the arrest is made by a police ocer, diversion should be made even before the child is brought to the police station, such as on the spot settlement. If brought to the stage of investigation, the prosecutor should make the diversion. If brought to the court level, the judge should initiate the diversion. However, according to Joseph, it is better if diversion is made at the earliest possible time. He thinks that diversion prevents unnecessary detention in jail. In his experience, being detained is not easy, especially for a minor. SUGGESTIONS GIVEN BY THE CHILD For Joseph, a child is led to commit crimes because of two reasons. First, the child is not given enough attention at home by the parents and second, the child grows up without the guidance of his parents. Joseph believes that the minimum age of liability should be 20 years old. However, he said children below nine years old should not be made liable in any way. He

222

Save the Children UK

believes that a child under 20 years of age does not know right from wrong. That child is easily inuenced by others to commit a crime. He believes that the best form of discipline is simply guidance by the parents. It should begin while the child is still very young and should be done until the child becomes an adult. It is not enough that the child is spoken to or scolded at times when he was brought up. Joseph says children should avoid loitering in public places late at night. He thinks that minors are easily accused of crimes because they are judged by the way they dress. Joseph and his barkada dress like hip-hop. He thinks this is the reason why they were pinpointed by the police and the complainants. Joseph suggested that parents take care of their children. According to him, parental guidance is most important when the child is very young because that is the formative years when the child learns easily. Joseph believes that inuence starts at home. A child who is brought up well by his parents is less likely to commit a crime. For Joseph the community should provide more safe places for children to play and hang out. He said there should be more basketball courts. Joseph also adds that law enforcement ocers should inform them of their rights as soon as they are arrested so they would understand what they were going through. The cause of the arrest should be explained to the children even before they are detained. The Courts should also provide more opportunity for the children to speak for themselves so their side may be heard. He thinks that the prosecutors and the defenders are doing an okay job. Meanwhile, rehabilitation and detention centres should provide more food for the children because there are times when they would not have meals were it not for the pasalubong or food brought by visiting relatives. He thinks that funding for projects should be channelled to building more rehabilitation centres and improving already existing youth centres.

Case Studies

223

Case Study 5 : Karen


(Interviewed 6 December 2002)

PERSONAL PROFILE AND CIRCUMSTANCES Karen is a 14-year-old female at the time of the interview. She grew up in Taguig. Her parents are still alive and living together and she was living with them at the time of the arrest. Her father is a family driver while her mother works as a supervisor at Maxs restaurant. She was in rst year high school at the time of her arrest. She has two other siblings and she is the youngest child in the family. Karen is not a member of any gang and she does not have any vices. BACKGROUND OF ARREST Karen is a rst-time oender and was accused of shoplifting costume earrings at Robinsons Galleria. During the interview, she reiterated her innocence. According to her, she was merely going around the mall when a woman suddenly inserted the earrings inside her bag. After which, she was arrested for shoplifting. A saleslady arrested Karen and brought her to the manager of the mall. Then, she was turned over to the police for arrest and investigation. GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE During the arrest, the arresting ocer identied himself to Karen and explained the reason for her arrest. The ocer veried her age, informed her of her rights and talked to her parents regarding her arrest. Immediately upon arrest, she was brought to a government medical ocer for physical and mental examination. The arresting ocer did not use vulgar words or profanities during the investigation. No unnecessary force was used against her during the arrest. However, when Karen was still in the custody of Robinsons Galleria, the manager slapped her on the face. During the police investigation, the investigating ocer explained the nature and cause of the accusation against her. However, the ocer did not ask her how old she was and did not explain the rights available to her as a child in conict with the law. Her photograph was not taken. Karen was not assisted by any lawyer in the course of the investigation. From the time of Karens arrest, she was brought to the prosecutor for inquest within 12 hours. Again, Karen was not assisted by any lawyer during the inquest. The investigating prosecutor asked her age and explained the nature and cause of the accusation against her. However, she was not informed of her rights.
224
Save the Children UK

The case against Karen was led at the Regional Trial Court of Quezon City. A PAO lawyer assisted her during the trial. The court asked her how old she was before the trial. The Presiding Judge and other ocers of the Court tried to explain to Karen the court proceedings. The public was excluded during the trial. As of now, the case is still pending in court. SITUATION IN THE DETENTION AND REHABILITATION CENTRE After the police investigation, Karen was detained for one week at the Molave City Jail in Quezon City. She shared the cell with another oender. It was a separate cell from the adult oenders as well as those of the opposite sex. Karen was then transferred to the Rehabilitation Center of Marillac. There were 16 children in a room but they were detained separately from the adult oenders and those of the opposite sex. However, there were occasions when she was allowed to mingle freely with the members of the opposite sex. Among the activities in the centre, Karen liked the vocational skills best, like dressmaking and toy-making activities. She liked cleaning chores the least. CONCEPT OF DIVERSION The concept of diversion was explained to Karen by using her experience as an example. It was only after a series of illustrations were made that she was able to relate to and appreciate the importance of diverting the case from the criminal justice system. Karen believes in the concept of diversion in order for the child not to be separated from his or her family. She thinks that the process of diversion should occur in the community or barangay level for expediency to be able to immediately settle the case at the earliest possible opportunity. Karen was not aware of any attempt to divert or settle her case out of court. SUGGESTIONS GIVEN BY THE CHILD Karen said that she could not think of any reason why children come into conict with the law, but she said that perhaps it depends on the child. For her, the minimum age of criminal liability should be 18 years old, instead of 10 because children below the age of majority are still very young. According to Karen, the most eective means of disciplining a child is simply by talking and explaining to the child the consequences of his or her action. Giving
Case Studies

225

good moral advice also helps because it shows the love and concern of the parents over their children. Fortunately for Karen, this was also the type of discipline she received from her parents. Karen does not believe or agree with incarceration as punishment for children in conict with the law. According to her, children can still change for the better. Karen suggested that children should follow the advice of their parents and parents in turn should guide their children. The community according to her should immediately inform the parents when children come into conict with the law. They must be referred to the nearest rehabilitation centres. She also added that children should not be detained and that correction centres should prevent children from being hurt.

226

Save the Children UK

Case Study 6 : Luis


(Interviewed 8 January 2003)

PERSONAL PROFILE AND CIRCUMSTANCES Luis was 12 years old when he was arrested and turned 13 years old on 17 January 2003. He grew up in Munoz, Quezon City and nished fourth grade at the Toro Hills Elementary School. Luis is the sixth among ten children (four were boys and the rest were girls). Their father abandoned them while his mother worked as a mananahi or seamstress. Luis had to help take care and feed his other siblings. He and three other siblings sold sampaguita. Luis narrated that his parents never physically punished him. They merely scolded him whenever he commits something wrong. He thinks that corporal punishment is eective in teaching children the dierence between right and wrong. Luis is not a member of any gang. He does not drink nor smoke. BACKGROUND OF ARREST Luis had been arrested twice. On his second arrest, he was accused of stealing a bottle of softdrink from a vendor at the Victory Liner station in Monumento. The Barangay Captain arrested him and brought him to the Kalookan detention centre. GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE It was only at the detention centre where Luis learned that he was accused of committing a crime. The arresting ocer did not harm him but used abusive words towards him. The ocer did not inform Luis mother where he was. She only knew of his detention when she went out to look for him. During the investigation, the ocer only asked Luis his age but did nothing else. The Barangay Captain was the only person present during the investigation. Luis said that media reporters from television stations 9 and 7 also interviewed him. He was detained for six months in the Kalookan City Jail. After three days, Luis was brought to the prosecutors oce for preliminary investigation. This time, the complainant and a CICL representative were present. The police asked how old he was. The investigating ocer also explained why he was arrested. A lawyer did not assist him during the investigation.
Case Studies

227

Two months later, Luis was arraigned in court. A lawyer from the PAO represented him. The court veried his age but the public was not excluded during the trial. Luis said that he did not fully understand the proceedings in court. It was not explained to him. From what he understood, his last hearing was scheduled on 9 December 2002 and that the real oender was already caught and detained. SITUATION IN THE DETENTION AND REHABILITATION CENTRE After the preliminary investigation, Luis was led to a cell at the Caloocan City Jail where he was detained for six months. Forty other male detainees occupied the cell. The children were not separated from the adults, hence, he was exposed to other people accused of more serious crimes. When he was transferred to the Rehabilitation Center, Luis occupied the juvenile dorm with 40 other male children around his age. No child mingled with adult inmates or with others of the opposite sex who lived in separate dorms. Meals were served in batches to avoid confusion and intermingling. Among the activities in the centre, Luis liked studying and reading the most. CONCEPT OF DIVERSION AND ITS IMPACT ON THE CHILD Luis believes that diversion should be an option but it should be exercised at the court level to assure compliance from both parties and to make sure that walang agrabyado (no one was taken advantaged of ). In Luis case, his mother attempted to initiate diversion with the complainant softdrink vendor but he refused. SUGGESTIONS GIVEN BY THE CHILD Luis tells children not to run away from home. Even if their parents already passed away, children should not turn to their peers for comfort. They may just be inuenced into using illegal substances such as rugby. He also advises parents to take care of their children properly and guide them because proper education keeps children o the streets. Luis thinks Barangay Ocials should be strict in carrying out their duties and not neglect them. Law Enforcement Ocers, he states, should refrain from rounding up children from the street even if they have not done anything wrong. Among all the programmes and services for the benet of children in conict with the law, Luis believes that additional funding should be allotted to the purchase of books and school materials.

228

Save the Children UK

Case Study 7 : Manuel


(Interviewed 18 November 2002)

PERSONAL PROFILE AND CIRCUMSTANCES Manuel was 17 years old at the time of the arrest and turned 18 on 18 January 2002. His family is from Baliuag, Bulacan. He was vacationing with his aunt in Kalookan when the incident happened. His aunt owns a computer store at that time. He had been working at the store for a month when he was arrested. He received Php2,400 a month for his work. Both of Manuels parents are still alive and live in the province. His father knows that he has been detained. However, he told his father not to tell his mother about his predicament because it was nakakahiya [embarrassing] and this will only make his mother angrier with him. Manuels father worked as a house painter while his mother stays at home. They tell him to be serious with his studies and to study hard. He is the eldest of two siblings. The youngest one is no longer studying. The rest of his family is in Bulacan. Manuel nished rst year high school. He smokes and drinks alcohol. He is not a member of any gang. BACKGROUND OF ARREST This is Manuels rst arrest. He just came from work and was riding the tricycle with two other friends when they saw another friend. They stopped and were talking on the side of the road when barangay tanods arrived and searched them. He does not remember how many barangay tanods were there. The tanods said they saw stacks of marijuana near the wall where they were standing. He was charged under the Dangerous Drugs Act GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE The police ocer and barangay tanods arrested Manuel. The barangay tanods identied themselves to him. They did not inform him of his rights but he was asked how old he was and was medically examined. His photograph was taken at the jail. He does not know whether a judge has been assigned to his case and whether he will get a private lawyer.

Case Studies

229

Manuel was informed that there is no bail allowed for the crime he was charged with. He expressed remorse for his arrest. Although he admits having used marijuana previously, he denies he owns the drugs allegedly found when they were arrested. He suspects he was framed. SITUATION IN THE DETENTION AND REHABILITATION CENTRES It was Manuels fourth day at the Caloocan City Jail, when he was interviewed for this study. He was detained in a cell with two other adult inmates. He nds conditions inside the jail very bad as it was very hot inside and the food is dicult to eat. However, he said, Kapag di kumain, mamatay dito. {He will die inside if he does not eat]. He was able to watch television and movies inside the jail. SUGGESTIONS GIVEN BY THE CHILD If the charges are proven true, Manuel believes the child should be imprisoned. If the child is not imprisoned, the child will just repeat the oence. In order for the child to learn his or her lesson (madala), he should be imprisoned. According to him, being imprisoned will give the child a time to think about what he or she has done. He blames himself for the situation he is in.

230

Save the Children UK

Case Study 8 : Maria


(Interviewed 8 January 2003)

PERSONAL PROFILE AND CIRCUMSTANCES Maria was 15 years old when she was arrested. She grew up in Quezon City with her grandmother. She nished second year high school but was not able to enrol again after her grandmother died. She has ve siblings, three with her father and two with her mother. She has not met her father and the last time she saw her mother was when she was still small. Marias ambition was to nish her studies and to take up Science and Technology. However, she had to earn and save money to continue her education. For three years, Maria worked as a waitress at a Videoke Bar in Quezon City. Maria enjoys singing and dancing. She spends most of her time cleaning the house. She is not a member of a gang and does not drink or smoke. Maria admitted to having smoked marijuana once. BACKGROUND OF ARREST Maria was arrested by police ocers while working at the Videoke Bar. She was accused of stealing home appliances belonging to her best friend. She was brought to Police Station 7 in Quezon City. GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE Upon arrest, the police ocers (one male and two females) explained to Maria the reason for the arrest. They identied themselves to her and they ascertained her age. However, the arresting ocers did not inform her of her rights. On the other hand, the arresting ocers did not use force or harassment upon her. They brought her to a medical ocer for an examination. After the arrest, she was turned over to the investigating ocer. They took her picture and ngerprints, veried her age, informed her of her rights and explained to her the charge against her. She was placed in the detention centre for eighteen days. Those who were present during the investigation were the lawyer of the complainant, the investigator, and the complainant. No lawyer represented her. Within 12 hours from the time she was investigated at the police station, she was brought to the prosecutors oce. The prosecutor veried her age, explained to her, her rights and the accusation against her. No lawyer was present to represent her
Case Studies

231

during the preliminary investigation. At the court level, a PAO lawyer was available to assist her. The court veried her age. She said that she understood the proceedings in court because it was explained to her by the social worker. She pleaded not guilty. The case is still ongoing and she has already attended three hearings. SITUATION IN THE DETENTION AND REHABILITATION CENTRE Maria has been staying with 14 other female detainees in one dormitory at the Molave Youth Center. Among the activities in the centre, she enjoys the socialisation activity every Friday the most. She studies at the centre from 8am to 10am. Although she enjoys the socialisation, she does not like it when they are made to dance with the opposite sex. CONCEPT OF DIVERSION AND ITS IMPACT ON THE CHILD When the interviewer explained to Maria the concept of diversion, she said that the process should depend on the crime committed by the child in conict with the law. Diversion should only apply to light cases. She believes that it should start at the community level. In her case, she said that there was no attempt to settle the case. SUGGESTIONS GIVEN BY THE CHILD Maria suggested that police ocers clearly explain to the children why they are being arrested. The court should hear the side of the children and not just the complainant. They should also explain to the children who come into conict with the law the procedures and the facts of the case. For the correction level, she said the detention centres should improve the manner of disciplining the children and encourage or have an open forum among the children detained. She also said that the children should be allowed to nish their studies. If additional funding will be given to the detention facilities, the money should go to education and books for the detained children.

232

Save the Children UK

Case Study 9 : Mario


(Interviewed 8 January 2003)

PERSONAL PROFILE AND CIRCUMSTANCES Mario is a 16-year-old male and the youngest of ve children. He grew up in Bicutan where his father works as a construction worker and his mother a sh vendor. All his siblings are married and are living on their own. He was staying at his friends house when he was arrested at 15 years of age. He was not living with his parents then as they were residing together in Iloilo. He nished fth grade. When Mario was still living with his parents, he assisted his mother in selling sh. To pass the time, he often wanders with his friends. Moreover, he shares that his parents communicate with him and gives advice when he is being disciplined. He belongs to a gang called True Stupid Lotus or TSL. He smokes cigarettes. BACKGROUND OF ARREST This is Marios rst arrest. He is accused of being an accessory to the crime of robbery together with an 18-year-old male. According to him, he was staying at his friends house when he was arrested. He was 15 years old at that time. He was sleeping when at about 11pm, a barangay tanod knocked at the door. When he opened the door, the barangay tanod grabbed him by the front of his shirt and arrested him. He was not shown a warrant of arrest. GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE Mario said the barangay tanod explained the reason for his arrest, informed him of his rights and asked him his age. He said that there was no need for an introduction because he is already acquainted with the barangay tanod. No incident of using vulgar or profane words and harassment or abuse occurred. The arresting ocer did not use any rearm, or any other kind of weapon, handcus or other instruments of force or restraint against him and there was no use of violence or unnecessary force. However, the arresting ocer grabbed his shirt. Furthermore, the barangay tanod also informed his parents about the arrest. After that, he was taken to a government medical ocer for physical and mental examination.

Case Studies

233

The barangay tanod then turned him over to the police. First, he was turned over to the Taguig Police Station. Then, he was transferred to the Paraaque Police Station. Only his mother was present during the police investigation. At the police station, the police took his ngerprints, and informed him of his rights. He was detained. No photograph was taken of him, nor was the nature and cause of accusation explained to him. He was merely told that the complaint pointed to him as the culprit. No lawyer assisted Mario during the investigation at the police station and no reporter from the media interviewed him. SITUATION IN DETENTION AND REHABILITATION CENTRES Mario was detained in Bicutan for two days and in Paraaque for two months and six days. Mario narrated that he was detained in a cell with 24 other minor oenders. The adult male and female oenders were housed in separate cells. However, there were occasions when the minor oenders freely mingled with the adult male oenders. They were prohibited from interacting with the female oenders, who they only saw at Sunday mass. In the beginning, Mario did not mention any physical violence committed against him. However, towards the end of the interview, he disclosed that several police ocers maltreated him. They punched him and a plastic bag was placed over his head for about two minutes. They asked him to confess to the crime they accused him of. Two days after Mario was detained, he was brought to a prosecutor. He was accompanied by two police ocers. The prosecutor asked how old he was. He also explained to him his rights and the accusation against him. Still, no lawyer assisted him. Meanwhile, the case brought against him has not proceeded to arraignment nor any court proceeding been taken. Although Mario is in jail, he claims to enjoy the duty given to him by his cellmates when they asked him to guard them while they sleep. However, he said there is no activity inside the jail. He does not like it. CONCEPT OF THE DIVERSION PROCESS Mario agrees with the diversion process because he says the children are still young and can change. He also claims not to have done the crime he is accused of. Should diversion be undertaken, he thinks it should be done at the barangay level because in his mind, if the case reaches the police, the children would already need to put up bail.

234

Save the Children UK

There was an attempt to settle his case. A law student volunteer at the Bicutan police station attempted to talk with the complainants. However, said volunteer was not able to return to pursue the settlement. SUGGESTIONS GIVEN BY THE CHILD Mario believes that children come into conict with the law because of their vices. He thinks that the minimum age of criminal liability should be posted at 18 years of age for the simple reason that such age is already old enough. To prevent other children from being in conict with the law, he recommends that they should not loiter in the streets because this leads to mischief. He said parents should monitor their children. He stated that his parents tried to discipline him by communicating with him and giving him advice. He believes that these are eective means of disciplining children. He is of the opinion that if a child is at fault, the child may be spanked. Mario agrees in having children in conict with the law incarcerated as long as they are really at fault. With regard to the members of the community, he said they should treat children as if they were their own relatives. He said barangay ocials should be more careful in arresting children. It should not be done for the sole reason that a complainant pointed to the child. Moreover, he claims that police ocers should refrain from inicting physical harm to minors, which was what he experienced when he was arrested. He said detention facilities should be given additional funding. There is a need to add to the number of electric fans in detention cells. The food provided is also insucient for the detained children.

Case Studies

235

Case Study 10 : Ronald


(Interviewed 5 December 2002)

PERSONAL PROFILE AND CIRCUMSTANCES Ronald is an 18-year-old male when he was interviewed. His family was from Bicol and moved to Paraaque in 1990. His parents are separated and he does not know where his biological father is. His mother is still alive and owns a sari-sari store. His mother remarried and his stepfather works as a supervisor in a construction project. He is the younger of two siblings in his mothers rst marriage. He ran away from home when he was eight years old because he did not want to be a burden to his mother and stepfather, who were raising nine siblings in his mothers second marriage. He ended up in an orphanage in Bulacan but ran away again when he was nine years old. He said that his family does not know anything about the case. He was not studying at the time of his arrest. He reached the sixth grade but was not able to nish it. He was not working either. He was a member of the Bad Guys Gangsta. He and other members of the gang drank alcohol, smoked cigarettes, used drugs like shabu and marijuana, robbed people, picked girls up, fought with other gangs or just hung out (tambay lang). BACKGROUND OF ARREST Ronald was arrested more than ve times for violations of the city ordinance on curfew. He was last arrested by a police ocer who caught him in the act of snatching a cell phone in Bicutan, Paraaque. He was with three other gang members at the time of the incident, although he did not squeal them to the authorities. GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE He was handcued and brought to the Paraaque City Jail for detention. He was placed in a cell with 70 adult oenders before he was investigated. During the police investigation, he was asked regarding his name, age, and address, was ngerprinted and photographed. There were no lawyers present during the police investigation. It was only himself, two police ocers and a radio reporter. He was then brought to a medical ocer for examination. After the examination, he was bought back to Paraaque City Jail, where he was tortured to admit the crime. He said they used vulgar and profane words on him and used him as a punching bag, electrocuted him and was made to lie on
236

Save the Children UK

a bench handcued, with a towel in his mouth. The police poured some water over the towel until it spilled over. They also placed a bullet between his ngers and pressed his ngers together. He was detained for eight months with 34 other male children. Two weeks after his arrest. He was brought to a prosecutor for inquest or preliminary investigation. The prosecutor just asked the jail guard his age and did not talk to him. During the trial, a public lawyer represented him. The counsel just asked him if he would plead guilty or not to the crime. He said that he does not want to say anything or plead guilty to the crime committed. He said that he understood the court proceedings since the Clerk of Court translated everything to Filipino. Succeeding hearings are still to be conducted. SITUATION IN THE DETENTION AND REHABILITATION CENTRE Ronald was transferred to the NTSB from Paraaque City Jail. In NTSB, he resided with 264 other children15 of whom are his roommates. They were separated according to age per cottage. His favourite programme in NTSB is being part of the Theatre Club. He enjoys playing the role of a young boy who is very much like him. CONCEPT OF DIVERSION He believes that children in conict with the law should be given a chance to change. That is why he agrees that all minors should be diverted from the criminal justice system. He said that diversion should start at the community level, since this is where the incidents usually begin. The complainant attempted to settle the case by letting him return the cellular phone, but the police ocers refused and convinced the complainant to le a case against him. He believes in incarceration as punishment for children but he said that it should depend on the gravity of the crime and only if the said minor is guilty. SUGGESTIONS GIVEN BY THE CHILD Ronald thinks the root of children coming into conict with the law comes from problems in the family. Some parents cannot understand how their children feel and this is why they rebel against them. Let the children understand that what he
Case Studies

237

or she did was wrong by telling them, not by hurting the children. He added that parents should take good care and watch over their children. He thinks that the minimum age of criminal liability should be 18 years old. He thinks that below 18 a child is too young to be detained even if found guilty. If the child is imprisoned, a child might become more aggressive or learn more bad habits from adult oenders. In addition, once children are detained, society sees them not as children but as oenders or delinquents. He thinks that barangay ocials and police ocers should not hurt minors, should stop corrupt practices, and should not abuse their power. In addition, he observed that the process in Court is slow. It takes months for the trial to proceed and sometimes, the trials are even rescheduled. There is a lack of supply of clothes, slippers and toiletries and this should be addressed by giving the Youth Center additional funding. The children would risk stealing extra soap bars from the supplies rather than smell stinky. They would also lend, or at times give, their new NTSB mates some clothes, especially those who do not have anything with them when they arrived at the NTSB. He wanted to become a police ocer when he was younger. Now, he has some apprehensions for he does not know what will happen to him after NTSB. He thinks that the society would not accept him or would label him negatively.

238

Save the Children UK

Save the Children UK


Philippines Programme 3/F FSS Building 1, 89 Scout Castor St., Quezon City, Philippines Telephone (+632) 3723483 Fax (+632) 3723484 www.savethechildren.org.uk

Case Studies

239