JUVENILE DELINQUENCY AND

JUVENILE JUSTICE SYSTEM IN THE

PHILIPPINES

(CRIM5N)
MWF 10:30-11:30 AM

Submitted by:
GEOFREY G. OPALLA

Submitted to:
Dr. Theresil Marie Lapez
PROFESSOR
 Chapter 1

EVALUATION OF JUVENILE DELINQUENCY AND JUVENILE JUSTICE

SYSTEM IN THE PHILIPPINES

INTRODUCTION

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

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

According to RA 9344, children at risk refers to children who are vulnerable

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

A child can commit an act or omission whether punishable under special

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

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

REPUBLIC ACT NO. 9344 “An Act Establishing a Comprehensive

Juvenile Justice and Welfare System, Creating the Juvenile Justice Welfare
Council under the Department of Justice, Appropriating Funds Therefore
and for other Purposes”.

This Act shall be known as the “Juvenile Justice and Welfare Act of
2006”. It shall cover the different stages involving children at risk and
children in conflict with the law from prevention to rehabilitation and
reintegration.

“The State recognizes the vital role of the youth in nation-building

and shall promote and protect their physical, moral, spiritual, intellectual,
and social well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic affairs (Art.
II, Section 13, Phil. Constitution).”

The context of the fundamental law has clearly stated the

indispensable role of the youth towards a healthier development of our
country. The 1987 constitutional commission however, put an intense care
and value to the hopes of our fatherland commanding the state to shield
the interest of young men and not to consent them in becoming a menace
of the society.

Nevertheless, I wish to credit our concerned government agencies

with reference to their passionate and tireless efforts in saving our youths
from criminality. In addition, the following may somehow help the readers of
this piece to understand more what juvenile delinquency all about.
REVIEW OF RELATED LITERATURE

A lot of reasons were drawn as to why delinquency among the

juveniles is augmenting, likewise criticisms against the law enforcement
agencies on why youthful offenses continue to proliferate. A reminder from
one of our heroes’ quote: “The Youth is the Hope of the Fatherland” (We
were once a Youth), yet I think the excerpt is being conquered due to
hysterical involvement of young individuals to various undesirable activities
making them antisocial.

What makes them such delinquent? If there are causes then what are
they and what are the theories that may elucidate juvenile delinquency?
These are just basic questions which, if answered may enlighten our
understanding on juvenile misbehavior issues.

For many young people today, traditional patterns guiding the

relationships and transitions between family, school and work are being
challenged. Social relations that ensure a smooth process of socialization
are collapsing; lifestyle trajectories are becoming more varied and less
predictable. The restructuring of the labor market, the extension of the
maturity gap (the period of dependence of young adults on the family) and,
arguably, the more limited opportunities to become an independent adult
are all changes influencing relationships with family and friends,
educational opportunities and choices, labor market participation, leisure
activities and lifestyles. It is not only the developed countries that are facing
this situation; in developing counties as well there are new pressures on
young people undergoing the transition from childhood to independence.
Rapid population growth, the unavailability of housing and support services,
poverty, unemployment and underemployment among youth, the decline in
the authority of local communities, overcrowding in poor urban areas, the
disintegration of the family, and ineffective educational systems are some
of the pressures young people must deal with.

Youth nowadays, regardless of gender, social origin or country of

residence, are subject to individual risks but are also being presented with
new individual opportunities – some beneficial and some potentially
harmful. Quite often, advantage is being taken of illegal opportunities as
young people commit various offenses, become addicted to drugs, and use
violence against their peers. Statistical data indicate that in virtually all parts
of the world rates of youth crime rose in the 1990s. Many of the criminal
offenses are related to drug abuse and excessive alcohol use.

Majority of studies and programs dealing with juvenile delinquency

focused on youth as offenders. However, adolescents are also victims of
criminal or delinquent acts. The continuous threat of victimization is having
a serious impact on the socialization of young men and on their
internalization of the norms and values of the larger society. Results of self-
report studies indicate that an overwhelming majority of those who
participate in violence against young people are about the same age and
gender as their victims; in most cases the offenders are males acting in
groups. Surveys have shown that men are more likely than women to
become victims.

Young people who are at risk of becoming delinquent often live in

difficult circumstances. Children who for various reasons – including
parental alcoholism, poverty, breakdown of the family, overcrowding,
abusive conditions in the home, the growing HIV/AIDS scourge, or the
death of parents during armed conflicts – are orphans or unaccompanied
and are without the means of subsistence, housing and other basic
necessities are at greatest risk of falling into juvenile delinquency.

The problem of juvenile delinquency is becoming more complicated

and universal, and crime prevention programs are either unequipped to
deal with the present realities or do not exist. Many developing countries
have done little or nothing to deal with these problems, and international
programs are obviously insufficient. Developed countries are engaged in
activities aimed at juvenile crime prevention, but the overall effect of these
programs is rather weak because the mechanisms in place are often
inadequate to address the existing situation. On the whole, current efforts
to fight juvenile delinquency are characterized by the lack of systematic
action and the absence of task-oriented and effective social work with both
offenders and victims, whether real or potential. Analysis is further
complicated by lack of international comparative data.
 Chapter 2

STUDY SITE (Describe location)

Upon planning on how I will execute my interview, I prefer to

conduct it in the morning for may be the best time to conduct my interview
and observing the site where the subject of my interview reside in the
uppermost portion of Garcia-Hernandez, the barangay Datag. Which is far
away from the highway that almost spend about two to three hours of
arrival, when I am heading to the site of the subject I was totally surprise on
the kind of people out there , Individual were busy for the work to the farm,
some are selling foods along the road, some are carrying loads in the back
were evident filled of vegetable, fruits, and charcoal, some were carrying
woods and some are riding horse and carabao’s . Some child playing in the
roads with their peers, some child is climbing in the coconut trees. And
some of the child are working in a small construction site. That almost child
out there at very young age are muscular enough for different type of work,
they have different duties, which mostly of them are morning person. Some
of their houses are made of light materials, like bahay kubo or nipa hut.

After two to three hours of journey in a very rough road finally, I

reached my destination. And I also observed one thing is the geographical
structure of their houses are very close to each others and some were
doesn’t have fences in the perimeter of the house that possibility for the
intruder to jump in everyone’s dwelling and rob their vulnerable objects
.And the barangay Datag is the most populated in the whole portion of
Garcia-Hernandez,Bohol, which very unusual for a typical barangay that
located in the higher peak. Their way of living is very simple compare to
others Living in the particular places.
INFORMANTS (Describe informants)

In behalf of the child, The child that I used to conduct the interview
are reside in a simple house ,simple house ,simple living and simple family,
Upon conducting the interview is seems that the child are shy, I remind him
to not be worry ,for I won’t publicize his name and his facial appearance.
For seek of his right of privacy and ignominy, for just I want to hear about
her side and to vent his statement for the accomplishment of my task and
the primary objective of this task to get those factors that tend them to
become child in conflict with the law . After convincing the subject for this
content finally the child agreed for my favor. And we started it by formal
inducing myself. Then followed with a simple questions. At first he was shy
then eventually at the end he stated it very well. He mentioned that he no
longer have parents, wherein he’s grandparents are currently stand as a
surrogate parents because of early leaving of his parents because both of
them are having severe cancer that causes to be belong in a truncated type
of family were his ascendants have no longer in condition to supervise and
foster care him, even if they are just three household leaving together as a
family. He cannot obtain a proper care and full attention ,protection and
supervision because of lack of capacity of the surrogate parents or
ascendance in appropriate rearing to him and old enough for lacking of
capability in keeping the life and normal development of the child. He also
claimed that he also sorrounded with his peers were very influential in
pushing him to become more violent and criminal minded child. Which he
think at first that he’s behavior are confronting to other ,especially his peers
and will cost nothing being engage in theft, robbery ,intrusion that simply
started with drinking liquir ,smoking until such time he uses different drugs.
After interview I could say that he already regreted those thing happened in
his life.
PROCESS EVALUATION (What happened during the course of
interview)

FIELD VISITS

In the field visit, I felt diffirent ambience in the dwelling where child
reside. Just like what I stated above the subject is belong to a truncated
family, a member of grandparents that both of them are already reached
old age of their lives and a child that lived in a simple way of living. Even
the grandparents are very old they thrive for their way of life. The
grandmother is selling some native snacks/ foods at every 10 in the
morning and 3 in the afternoon. That when I appeared to them she was
busy for preparing for her product and cooking to sell it along the road with
the use of wood cart. And his grandfather was recently came home few
minutes upon I came up, he look so tired and exhausted getting busy from
harvesting at the ricefield and deploying he’s Carabao and cow far away
from the field, and the boy is take charge for helping his lola’s in preparing
and feeding ducks and chicken at the backyard.

INTERVIEW

I didn’t rush acquiring interview at the child because ,at that moment
they are all busy in their morning routine. Until such time ,they all fixed their
works and been rested for a minutes, at first I tried to negotiate to both
guardian for getting some answers for my simple questions and thanks to
God both of them agreed to my permission ,unless the child will agreed to
me a can get what I want ,but somehow I cannot force child to do so. I used
my asset ,being friendly and catching his vibes until I started to negotiate
him. Fortunately, I convinced the child to get some answers to him. But the
condition is I must not publicize his identity specifically his name and
identity.
So I promised to him I won’t publicize it.
OBSERVATION

My observation is the child is belong to a good , calm and loving

family. The child the way he talk and think is very unusual at his age
,matured and smart. Which didn’t come up my first impression to him and
upon starting my interview there is slight Shyness he shown until child feel
comfortable to me.
Initiated it with an introductory of mine ,he also introduce himself with an
alyas to retain his privacy, child delivered his thoughts well and smooth.
 Chapter 3

VIEWS AND CONCEPT OF CHILD IN CONFLICT WITH THE LAW IN

THE PHILIPPINES AND BY THEIR RESPECTIVE DEPARTMENTS OF
THEIR ASSIGNED TASK

"Child in Conflict with the Law" refers to a child who is alleged as, accused
of, or adjudged as, having committed an offense under Philippine laws.

SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and
Below. - Upon effectivity of this Act, cases of children fifteen (15) years old
and below at the time of the commission of the crime shall immediately be
dismissed and the child shall be referred to the appropriate local social
welfare and development officer. Such officer, upon thorough assessment
of the child, shall determine whether to release the child to the custody of
his/her parents, or refer the child to prevention programs as provided under
this Act. Those with suspended sentences and undergoing rehabilitation at
the youth rehabilitation center shall likewise be released, unless it is
contrary to the best interest of the child.

SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict
with the law shall have the following rights, including but not limited to:

(a) the right not to be subjected to torture or other cruel, inhuman or

degrading treatment or punishment;

(b) the right not to be imposed a sentence of capital punishment or

life imprisonment, without the possibility of release;

(c) the right not to be deprived, unlawfully or arbitrarily, of his/her

liberty; detention or imprisonment being a disposition of last resort,
and which shall be for the shortest appropriate period of time;

(d) the right to be treated with humanity and respect, for the inherent
dignity of the person, and in a manner which takes into account the
needs of a person of his/her age. In particular, a child deprived of
liberty shall be separated from adult offenders at all times. No child
shall be detained together with adult offenders. He/She shall be
conveyed separately to or from court. He/She shall await hearing of
his/her own case in a separate holding area. A child in conflict with
the law shall have the right to maintain contact with his/her family
through correspondence and visits, save in exceptional
circumstances;

(e) the right to prompt access to legal and other appropriate

assistance, as well as the right to challenge the legality of the
deprivation of his/her liberty before a court or other competent,
independent and impartial authority, and to a prompt decision on
such action;

(f) the right to bail and recognizance, in appropriate cases;

(g) the right to testify as a witness in hid/her own behalf under the rule
on examination of a child witness;

(h) the right to have his/her privacy respected fully at all stages of the
proceedings;

(i) the right to diversion if he/she is qualified and voluntarily avails of

the same;

(j) the right to be imposed a judgment in proportion to the gravity of

the offense where his/her best interest, the rights of the victim and the
needs of society are all taken into consideration by the court, under
the principle of restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to

the minimum, and where discretion is given by law to the judge to
determine whether to impose fine or imprisonment, the imposition of
fine being preferred as the more appropriate penalty;

(I) in general, the right to automatic suspension of sentence;

(m) the right to probation as an alternative to imprisonment, if

qualified under the Probation Law;

(n) the right to be free from liability for perjury, concealment or

misrepresentation; and
 (o) other rights as provided for under existing laws, rules and
regulations.

The State further adopts the provisions of the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice or "Beijing Rules",
United Nations Guidelines for the Prevention of Juvenile Delinquency or the
"Riyadh Guidelines", and the United Nations Rules for the Protection of
Juveniles Deprived of Liberty.

SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years

of age or under at the time of the commission of the offense shall be
exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.

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

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

SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy
the presumption of minority. He/She shall enjoy all the rights of a child in
conflict with the law until he/she is proven to be eighteen (18) years old or
older. The age of a child may be determined from the child's birth
certificate, baptismal certificate or any other pertinent documents. In the
absence of these documents, age may be based on information from the
child himself/herself, testimonies of other persons, the physical appearance
of the child and other relevant evidence. In case of doubt as to the age of
the child, it shall be resolved in his/her favor.

Any person contesting the age of the child in conflict with the law prior to
the filing of the information in any appropriate court may file a case in a
summary proceeding for the determination of age before the Family Court
which shall decide the case within twenty-four (24) hours from receipt of the
appropriate pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is
pending in the appropriate court, the person shall file a motion to determine
the age of the child in the same court where the case is pending. Pending
hearing on the said motion, proceedings on the main case shall be
suspended.

In all proceedings, law enforcement officers, prosecutors, judges and other

government officials concerned shall exert all efforts at determining the age
of the child in conflict with the law.
STRATEGIES YOU CAN THINK WITH WHICH WILL CURB THE HIGH
LIKELIHOOD IN FOSTER CHILD DELINQUENCY

Every parent and every person holding substituted parental authority

shall see to it that the rights of the child are respected and his duties
complied with, and shall particularly, by precept and example, imbue the
child with high-mindedness, love of country, veneration for the national
heroes, fidelity to democracy as a way of life, and attachment to the ideal of
permanent world peace.

The Council for the Protection of Children shall look after the welfare
of children in the municipality. It shall, among other functions:
1. Foster the education of every child in the municipality;
2. Encourage the cultivation of the duties of parents;
3. Protect and assist abandoned or mistreated children, and orphans;
4. Take steps to prevent juvenile delinquency;
5. Adopt measures for the health of children;
6. Promote the opening and maintenance of playgrounds;
7. Coordinate the activities of organizations devoted to the welfare of
children, and secure their cooperation.

Juvenile courts will be established, as far as practicable, in every

chartered city or large municipality. Whenever a child is found delinquent
by any court, the father, mother, or guardian may in a proper case be
judicially admonished.

In all questions on the care, custody, education and property of

children the latter’s welfare shall be paramount. No mother shall be
separated from her child under seven years of age, unless the court finds
compelling reasons for such measure (Desiderio, 2006).

Regulation of Child and Youth Welfare Services

Public and private child and youth welfare agencies providing
encouragement, care, and protection to any category of children and youth
whether mentally gifted, dependent, abandoned, neglected, abused,
handicapped, disturbed, or youthful offenders, classified and defined as
follows, shall be coordinated by the Department of Social Welfare (Art. 117,
PD 603):

1. A Child-Caring Institution
It provides twenty-four hour resident group care service for the
physical, mental, social and spiritual well-being of nine or more mentally
gifted, dependent, abandoned, neglected, handicapped or disturbed
children, or youthful offenders. An institution, whose primary purpose is
education, is deemed to be a child-caring institution when nine or more of
its pupils or wards in the ordinary course of events do not return annually to
the homes of their parents or guardians for at least two months of summer
vacation.

2. A Detention Home
It is a twenty-four hour child-caring institution providing short term
resident care for youthful offenders who are awaiting court disposition of
their cases or transfer to other agencies or jurisdiction.

3. A Shelter-Care Institution
It provides temporary protection and care to children requiring
emergency reception as a result of fortuitous events, abandonment by
parents, dangerous conditions of neglect or cruelty in the home, being
without adult care because of crisis in the family, or a court order holding
them as material witnesses.

4. Receiving Homes
It is a family-type home which provides temporary shelter from ten to
twenty days for children who shall during this period be under observation
and study for eventual placement by the Department of Social Welfare. The
number of children in a receiving home shall not at any time exceed nine:
Provided, that no more than two of them shall be under three years of age.

5. A Nursery
It is a child-caring institution that provides care for six or more
children below six years of age for all or part of a twenty-four hour day,
except those duly licensed to offer primarily medical and educational
services.
 6. A Maternity Home
It is an institution of residence whose primary function is to give shelter and
care to pregnant women and their infants before, during and after delivery.

7. A Rehabilitation Center
An institution that receives and rehabilitates youthful offenders or
other disturbed children.

8. A Reception and Study Center

An institution that receives for study, diagnosis, and temporary
treatment, children who have behavioral problems for the purpose of
determining the appropriate care for them or recommending their
permanent treatment or rehabilitation in other child welfare agencies.

9. A Child-placing Agency
It is an institution or person assuming the care, custody, protection
and maintenance of children for placement in any child-caring institution or
home or under the care and custody of any person or persons for purposes
of adoption, guardianship or foster care. The relatives of such child or
children within the sixth degree of consanguinity or affinity are excluded
from this definition.

10. Admission of Disabled Children

The Department of Social Welfare, upon the application of the
parents or guardians and the recommendation of any reputable diagnostic
center or clinic, shall refer and/or admit disabled children to any public or
private institution providing the proper care, training and rehabilitation (Art.
173, PD 603).Disabled children shall include mentally retarded, physically
handicapped, emotionally disturbed, and severe mentally ill children.
Training and Opportunities for Disabled Children. Specialized educational
services shall be expanded and improved to provide appropriate
opportunities for disabled children. Vocational rehabilitation and manpower
conservation agencies shall train disabled children for specialized types of
jobs, services and business which could be learned only by them and shall
help provide opportunities for their future occupational placement: That the
agencies and organizations engaged in programs and services for the
disable need not be limited to minors. Persons of legal age may be
admitted whenever facilities are available for them (Art. 174, PD 603).

11. Development of a Comprehensive Juvenile Intervention

Program. 

A Comprehensive juvenile intervention program covering at least a

3-year period shall be instituted in LGUs from the barangay to the
provincial level.The LGUs shall set aside an amount necessary to
implement their respective juvenile intervention programs in their annual
budget.The LGUs, in coordination with the LCPC, shall call on all sectors
concerned, particularly the child-focused institutions, NGOs, people's
organizations, educational institutions and government agencies involved in
delinquency prevention to participate in the planning process and
implementation of juvenile intervention programs. Such programs shall be
implemented consistent with the national program formulated and designed
by the JJWC. The implementation of the comprehensive juvenile
intervention program shall be reviewed and assessed annually by the
LGUs in coordination with the LCPC. Results of the assessment shall be
submitted by the provincial and city governments to the JJWC not later
than March 30 of every year.

Community-based Programs on Juvenile Justice and Welfare. -

Community-based programs on juvenile justice and welfare shall be
instituted by the LGUs through the LCPC, school, youth organizations and
other concerned agencies. The LGUs shall provide community-based
services which respond to the special needs, problems, interests and
concerns of children and which offer appropriate counseling and guidance
to them and their families. These programs shall consist of three levels:

(a) Primary intervention includes general measures to promote social

justice and equal opportunity, which tackle perceived root causes of
offending;

(b) Secondary intervention includes measures to assist children at risk; and

(c) Tertiary intervention includes measures to avoid unnecessary contact
with the formal justice system and other measures to prevent re-offending.