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INTRODUCTION
For several years, there is a space for delinquency in the society whereas it
became part of custom in the justice system. While many of these children were able to
rise from the rut, proving that poverty isn’t a justifiable excuse for committing crime,
thousands of other juveniles have failed to get out of the trap and are forced to break the
law primarily to survive (Sabangan, 2011). Delinquency in the Philippines is a reality, but
the scope and gravity of such behavior appears to be less than in other countries, such
as the United States (Shoemaker, 1992).
A report which was presented by the Council for the Welfare of Children (CWC)
shows that more than 52,000 children from 1995 to 2000 were reported to be in conflict
with the law. Separate data from the DSWD show that from 2001 to 2010, there were
close to 64,000 CICLs served by the government. Another report from CWC in 2010
presents the profile of CICLs: usually male between the ages of 14 and 17; has low
Research Objective
The importance of this study is to give awareness to the society about the trend
of juvenile delinquency in Tuguegarao City, Cagayan. This study also heeds to the
relevant role of children in the society. Furthermore, this study would want to draw
attention to the status quo of the juvenile delinquents as most of the time they are
discarded by the society. Moreover, this study would also like to be a body of knowledge
in the scholarly works about juvenile delinquency in the Philippines. The result of this
study humbly hopes that this will spark a discussion and be a benchmark of the
government or any concerned private organization to systematize and help the juvenile
system in the country. The implication of this study depicts the arising issue about the
children in conflict with law as we explore the prevalence of children committing offenses
and how it was resolved. This study mainstreams the response of the government and
other organizations in preventing cases involving juvenile delinquency as well Hence,
the result of the study will serve as one of the bases of government sectors and other
organizations in neutralizing juvenile delinquency in Tuguegarao City.
Literature Review
Conceptual Framework
D. Status. Status offenses include activities such as cheating, sneaking out from
home, truancy, lying about one’s age, running away from home, smoking, and making
threatening phone calls.
Juvenile Delinquency
Children in conflict with law or in layman’s term, juvenile delinquents, are minors,
usually defined as being between the ages of 10 and 18, who have committed some act
that violates the law (criminal.findlaw). It is a person below the legal age of responsibility
and above certain minimum age, who is held punishable for breaking the law (Oxford
Dictionary). In Philippine legal system, it refers to a child who is alleged as, accused of,
or adjudged as, having committed an offense under Philippines laws (Section 4, R.A.
9344, Juvenile Justice and Welfare Act of 2006).
Delinquency wouldn’t exists without the triggering factors behind it. Changes in
population, inadequate housing, poverty, different race, physical and mental disorder,
and adult criminality were enumerated by Shaw & McKay (1942) in their study Juvenile
delinquency and urban areas. Moreover, Palmore & Hammond (1964) found out that
among the 319 youths from Aid to Dependent Children, three powerful factors are
associated with delinquency namely race, sex, and school performance. Likewise, a blog
(baysingerlaw) provided a list of leading factors to delinquency: (1) poor school
attendance; (2) poor educational standards: (3) violence in the home; (4) violence in
their social circles; (5) peer pressure; (6) socioeconomics factors; (7) substance use;
and (8) lack of moral guidance.
In every cause, effect will always follow. The aftertaste of delinquent acts are
bitter. Physical damages to the victim, loss of freedom, loss ground academically, future
consequences, trauma and instability of family, and increased government expenditure
composed the effects of delinquency (Barker, 2018).
law from prevention to rehabilitation and reintegration (Section 1). It observes the vital
role of children and youth in nation building, promotes the well-being of the children in
different aspects, recognizes the rights of every children vital for their protection and is
anchored to the principles of restorative justice (Section 2). Section 5 lists the rights of a
child in conflict with the law. Section 5 (d) expressly says that no child shall be detained
together with adult offenders, the child’s case shall be conveyed separately to or from
court and his/her case shall await hearing in a separate holding area. The JJWA also
adopts the provisions of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (Beijing Rules), United Nations Guidelines (Riyadh
Guidelines), and the United Nations Rules for the Protection of Juvenile Deprived of
Liberty (Section 5).
The abovementioned law created the Juvenile Justice and Welfare Council
(JJWC) that shall be an organ in administering and supervising in the implementation of
JJWA in coordination with other government agencies (Section 8). Section 9 of the
JJWA enumerates the duties and function of JJWC, these duties and functions are
observed all the time and at all cost. Different sectors shall be responsible to the
development, nurturing, educating not only the children in conflict with the law but the
community per se about juvenile delinquency and their rights. Establishment of Local
Council for the Protection of Children (LCPC) in all levels of local government to
coordinate with and assist the LGU on a comprehensive plan on delinquency prevention
and oversee its proper implementation (Section 15). Also, the JJWA provides for the
development of a comprehensive juvenile intervention program that shall be instituted in
LGUs from the barangay to the provincial level (Section 18). Children in conflict with the
law shall undergo diversion programs (Section 23). Section 31 of JJWA specifically laid
out kinds of diversion program that shall be adequate to the socio-cultural and
psychological development of the child.
Section 57 declares that any status offense committed by a child shall not be
penalized. Persons below 18 years of age are exempt from the prosecution for the crime
of vagrancy and prostitution (Section 202 of the Revised Penal Code), of mendicancy
(Presidential Decree No. 1563), and sniffing of rugby (Presidential Decree No. 1619)
however they shall undergo proper intervention and counselling programs. Children in
conflict with the law is as well exempted from the application of death penalty (Section
59). From initial contact of the authorities to the children, the former must refrain from
branding the latter derogatory names or any other similar acts (Section 60 and 61).
A. Age
Likewise, children above 15 years but below 18 years of age shall be exempt from
criminal liability, unless the child acted with discernment then he/she shall be subjected
to appropriate proceedings. Their exemption from criminal liability does not include their
exemption from civil liability (Section 6, Juvenile Justice Welfare Act of 2002).
Furthermore, since September 2016, the 17th Congress of the Philippines passed
several bills to lower the minimum age of criminal responsibility from 15 years to 9 years
old (Alhambra, 2016).
B. Gender
Nature theories rely mainly on biochemical and gender factors to explain juvenile
delinquency. The biochemical perspective holds that there is something inside the
physical or genetic make-up of the person that makes him engage in delinquent or
criminal acts (Araneta-de Leon, 2002). It has been argued that the relationship with
gender and delinquency has not received enough attention, and the importance of this
topic has been relegated generally to a marginal role of history of criminology (Chesney-
Lind & Shelden, 1998). Heidensohn (1994) believed that literature on the correlation of
gender and delinquency is concentrated mainly on one of the major concepts,
generalizability, which refers to whether theories that concentrated on males can be
equally applicable to females. However due to the general assumption that gender roles
or simply gender plays a bigger role in molding ones behaviour, gender now is an
important link towards understanding delinquency.
Delinquency is more common among boys than that of girls (Snyder & Sickmund,
1999; Mullis et al., 2004; Dodge, Coie, & Lynam, 2006) and acts committed by females
are less serious and violent than those committed by males (Acoca, 1999). Shoemaker
(1994) found out that male were twice as delinquent as females in Cagayan De Oro.
Also, the study of Gutierrez and Shoemaker (2007) on 633 students in Metro Manila
shows that the prevalence of delinquency on male were higher than females. With these
we can infer that female delinquency are less prevalent and serious than that of males.
In the past few years or decades, progressing amount of studies about female
delinquency has focused on its etiology, prevalence, and treatment (Chesney-Lind &
Jones, 2010; Chesney-Lind & Okamoto, 2001; Belknap et.al., 1997). Feminists’
perspective on crime and delinquency view the context through women’s experience of
gender inequality Chesney-Lind & Sheldon (2004). The statistics of female delinquency
arrest on United States in the year 1990 was at 22%, 28% in the year 2000 and up to
30% in the year 2009 (Sourcebook of Criminal Justice, Statistics, Federal Bureau of
Investigation, 2001, 2009). In addition, Chesney-Lind & Pasko (2004) concluded that in
the self-report of assessment of delinquency of females, they are more involved with
status offending and drug use, especially alcohol use as males.
delinquency (Adler, 1975). Woodward and Malamud (1975) argued that increased in
women’s crime was the negative side of women’s liberation and emancipation.
The amount of theories about the delinquency have grown rapidly over the past
few decades. Several of them explains the psychological factors on why youths became
a delinquent, some discussed about the physiological factors and some biological.
These theories generates a considerable body of knowledge about the correlates of
juvenile delinquency.
METHOD
Research Design
This study employed content qualitative research design as it is the best fit for
this study.
Data Source
The data of this study was collected from the 2015-2017 juvenile delinquency
records of Cagayan PPO-Tuguegarao City Police Station and PNP Cagayan Police
Provincial Office.
Instrument
To materialize the objective of this study, the researchers made use of the data
archiving method since the data needed were the records of juvenile delinquency for the
past three years. Archived data are indexed and organized so it can be easily located
and retrieved.
Data Analysis
The records collected after the data gathering procedure were carefully and
systematically examined through qualitative content analysis. The data were then
organized to attain the objective of this study.
RESULTS
20
15
10
0
Filed in Court
For Confrontation
Dismissed
Referred
Under Investigation
Dropped/Closed
Settled
Figure 1.1 shows the different progress of juvenile delinquents cases in the past
three years. It can be seen that in year 2015, five cases were filed in court, it decreased
to one in 2016 and yielded the same result in 2017. Nine cases were referred to an
office that specifically handled the case in 2015, it slightly decreased to eight in 2016.
However, cases referred escalated to ten in 2017. In 2015, three cases were under
investigation, it further increased to ten in 2016 and gradually diminished to five in 2017.
Furthermore, two cases were dropped/closed in 2015, it increased to 11 in 2016 and a
soaring 18 cases were casually dropped/closed in 2017. On the other hand, four cases
were settled in 2015. Meanwhile in 2016, the cases dropped/closed inflated to 18 and
deflated to three in 2017. Additionally, only one case for confrontation appeared in 2015
40
35
30
25
20
15
10
0
Uncleared Cleared Solved
Figure 2.1 shows the different status of the cases per year of the juvenile
delinquents. In 2015, six cases were uncleared and no uncleared cases appeared in two
succeeding years. Moreover, there was no unsolved case recorded in 2015 but there
were ten accounts of unsolved cases in 2016 and decline to five in 2017. Three cases
were cleared in 2015, increased to five in 2016, and further increased to 8 in 2017.
Finally, there were 15 solved cases in 2015, it incrementally increased to 34 in 2016 and
diminished to 24 in 2017.
30
25
20
15
10
0
ed ed d e il d ... /A
n s te rg ba tte e N
ai ea es -la n- ui sh
et el Ar
r
At O q
rt
o
D R Ac e
ov
e d
rn
2015 2016 Tu
2017
Figure 3.1
Figure 3.1 shows the various status of juvenile delinquents. It displays that four
CICLs are detained in 2015 but there were no detained CICLs recorded in 2016 and
2017. In 2015, five CICLs were released and increased to eight in 2016 but declined to
two in 2017. Also, 11 were arrested in 2015, it escalated to 31 in 2016 and fell slightly to
26 in 2017. It shows in the results in 2015 that two CICLs were unrestrained or at-large,
it rose to eight in 2016 and slightly drop to seven to 2017. There is only one CICL that
was able to bail in 2016 and there was none in 2015 and 2017. Likewise, only one CICL
was acquitted in 2016 and there was none in 2015 and 2017. Additionally, two CICLs
were fortunately turned to shelter for rehabilitation and there was none in 2015 and
2016. However, in 2015 there were two CICLs that appeared in the record without the
specifics of their whereabouts.
Figure 6.2
Figure 6.1.0 displays the different types of crime and the offenses charged
against juvenile delinquents. In the graph there are four types of crimes namely: (1)
Property Offense, (2) Violence, (3) Drugs, Cigarette, and Alcohol Use and, (4) Status
Offenses.
There are four subtypes under property offenses specifically: Theft, Malicious
Mischief, Estafa, and R.A. 6539 (Anti-Carnapping Act). There was one account of theft
recorded in 2015, increased to four in 2016, and further increased to eight in 2017. No
record of malicious mischief appeared in 2015 then gradually increased to seven in 2016
but decreased to four in 2017. Furthermore, there was no record of estafa indicated in
2015 and 2017 but there was one in 2016. Additionally, a violation of R.A. 6539 was
recorded in 2015, rose to three in 2016, and doubled in 2017.
Under violence, there nine subtypes indicated namely: (1) Physical Injury; (2)
Homicide; (3) Murder; (4) Vehicular Incident; (5) Direct Assault; (6) R.A. 7610 (Child
Abuse Act); (7) Article 266-A of the Revised Penal Code and R.A. 8353 (Rape); (8) R.A.
10591 (Comprehensive Law on Firearms and Ammunition); and (9) Robbery. There
were four accounts of physical injury recorded in 2015 then gradually increased to 16 in
2016, and diminished to three in 2017. There was no recorded crime of homicide in
2015. However, in 2016, three CICLs committed homicide, then increased to four in
2017. Also, there was no recorded crime of murder in 2015 and 2017, but there was one
recorded in 2016. Five CICLs were involved in vehicular incident in 2015 and there was
none in 2016 and 2017. Moreover, it appeared in 2015 and 2016 that there was no
record of direct assault committed but there was one recorded in 2017. One CICL
violated R.A. 7610 in 2015, doubled in 2016, and rose to four in 2017. In violation in R.A.
8353 and a crime under Art 266 A of the RPC, three CICLs both committed a crime and
violation against the law in 2016, it decreased to one in 2017, and nothing appeared in
2015. In 2016, only one CICL violated R.A. 10591 and no CICL violated the law in 2015
and 2017. In 2015, there was one CICL who committed robbery, doubled in 2016, and
climb to three in 2017.
Violation of City Ordinance, Illegal Gambling, and Slander are classified under
Status Offenses. It appeared in the data that status offenses were only committed in
2015. There was one CICL who violated a city ordinance, two were involved in illegal
gambling, and two committed slander.
Figure 6.2 shows the overall number of CICLs per type of crime. It can be seen
in the graph that Violence with a total number of 55 is the prime type of crime that is
mostly committed by CICLs. It is followed by Property Offense with a total of 35 CICLs
then Drugs, Cigarette, and Alcohol Use with a total number of 14 CICLs, and lastly,
Status Offense with five CICLs.
DISCUSSION
Data from 2015 to 2017 provided the researchers the content they need to
materialize the objective of this study.
In 2015, most of the cases were referred. This means that, it, the cases of the
juvenile delinquents, was brought to higher offices or to a court that specifically handles
the crime the child committed. Meanwhile, in 2016, majority of the cases were settled,
meaning, disputes were solved before the end of the trial. Furthermore, in 2017, majority
of the cases were dropped/closed indicating that cases were never formally charged or
were formally charged but the police decided to dismiss the case. The reasons for
dismissal maybe because of insufficient evidence, evidences that contradicts the arrest,
inadmissible evidences, and/or defendant’s constitutional rights were violated.
Among the different types of crime, juvenile delinquents in Tuguegarao City were
more involved in crimes that involves violence and property offenses. Physical injury was
the most common charged offense against the children under this type of crime, followed
by homicide and R.A. 7610, robbery, vehicular incident, Article 266-A of RPC and R.A.
8353, and murder. While in property offense the most common was theft followed by
malicious mischief, R.A. 6539, and Estafa. The Ateneo Human Rights Center (2004) and
Templa et al., (2004) also found the same result in their study. Significantly large number
of juveniles were reported to assaulting someone with the intention of inflicting serious
harm (Snyder and Sickmund, 2006). Soriano (2001) stated in her scholarly work that
theft and robbery crimes were the most common crime committed by the juvenile
delinquents.
The use of drugs, cigarettes and alcohol were slightly common in Tuguegarao
City in the span of three years. Status offenses were rarely committed during those
years. The National Center on Addiction and Substance Abuse (CASA) reported that in
four of every five youth arrestees in state juvenile justice system are under the influence
of alcohol or drugs while committing their crimes. Also, in another study entitled as
“Criminal Neglect: Substance Abuse, Juvenile Justice and the Children Left Behind” they
had found out that 1.9 million of 2.4 million juvenile arrests had substance abused and
addiction involvement. Their finding include youths under the influence of marijuana and
cocaine, alongside, they also found out accounts of property offenses, assaults,
vandalism and disorderly conduct.
CONCLUSION
This study revealed that the case progress of juvenile delinquents are mostly
dropped/closed followed by a referral to a higher office and further followed by
settlement in the police station. Majority of the cases were solved. Furthermore, results
revealed that juveniles are arrested when they committed an act in violation with laws or
ordinances implemented by the city government. Moreover, this study determined that
violence and property offenses are mostly committed by children in conflict with law in
Tuguegarao City. Therefore, a juvenile delinquent whose case was solved,
dropped/closed, referred to a higher office or settled in the police station either
committed a violent crime or a property offense.
Based on the findings and conclusion, the following are highly recommended.
Further research should interview the juvenile delinquents in order to know their
reason/s on committing delinquent acts.
Further research should be conducted not only in Tuguegarao but the whole
Cagayan Province in order to know the status quo of the juvenile delinquency in
Cagayan.
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APPENDIX A
Memorandum