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CALATAGAN

COMPREHENSIVE
LOCAL JUVENILE
INTERVENTION PLAN
2019 - 2021
EXECUTIVE SUMMARY

The formulation of the Comprehensive Local Juvenile Intervention Plan is another


milestone in the history of the municipality of Calatagan in achieving the objective of RA
9344 of providing a just and humane system of treating children in Conflict with the Law.

The local government unit through the Office of Municipal Social Welfare and
Development collated, and analyzed data on children in conflict with the law and
formulated a Situational Analysis following the Republic Act 9344 as amended by RA
10630 to collate, summarize, and analyze data of Children in Conflict with the Law
(CICL) and Children At Risk (CAR); conduct continuing research and studies on matters
concerning juvenile welfare administration.

This serves as baseline data for policy makers in formulating policies and ordinances
that will promote and protect the welfare of children. Furthermore, this gives a clearer
view of the CICL situation and provides a basis for program planning, budgeting,
advocacy and capacity building of duty bearers.

The family, community and society play a vital role in addressing issues and concerns
related to CICL and CAR. The full implementation of the law from the regional to the
local level, strengthening the family through family-focused programs and activities is an
indispensable solution that would address issues related to juvenile offending and
proliferation of children at risk.
ACRONYMS

BCPC - Barangay Council for the Protection of Children


BJMP - Bureau of Jail Management and Penology
CAR - Child at Risk
CICL - Child in Conflict with the Law
CWC - Council for the Welfare of Children
DILG - Department of Interior and Local Government
ERPAT - Empowerment and Reaffirmation of Paternal Abilities
FDS - Family Development Session
JJWC - Juvenile Justice and Welfare Council
LGU - Local Government Unit
LSWDO - Local Social Welfare and Development Officer
NGO - Non-Government Unit
PES - Parent Effectiveness Session
PNP - Philippine National Police
PSWDO - Provincial Social Welfare and Development Office
RJJWC - Regional Juvenile Justice and Welfare Committee
SitAn - Situational Analysis
SPDR - Social Protection and development Report
UN CRC - United Nation Convention on the Rights of the Child
WCPD - Women and Child Protection Desk
DEFINITION OF TERMS

Bahay Pag-asa / Youth Detention Home refers to a 24-hour child-caring institution


established, funded and managed by local government units (LGUs) and licensed
and/or accredited non government organizations (NGOs) providing short term
residential care for children in conflict with the law who are above fifteen (15) but below
eighteen (18) years of age who are awaiting court disposition of their cases or transfer
to other agencies or jurisdiction.

Bail refers to the security given for the release of the person in custody of the law,
furnished by him/her or a bondsman, to guarantee his/her appearance before any court.
Bail may be given in the form of corporate security, proper bond, cash deposit, or
recognizance.

Best Interest of the Child refers to the totality of the circumstances and conditions
which are most congenial to the survival, protection and feelings of security of the child
and most encouraging to the child’s physical, psychological and emotional
development. It also means the least detrimental available alternative for safeguarding
the growth and development of the child.

Child refers to a person under the age of eighteen (18) years.

Children 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

Children at risk refers to a child who is vulnerable to and at the risk of committing
criminal offenses because of personal, family and social circumstances

Community-based Programs refers to the programs provided in a community setting


developed for purposes of intervention and diversion, as well as rehabilitation of the
child in conflict with the law, for reintegration into his/her family and / or community.

Court refers to a family court, or in places where there are no family courts, and
regional trial court

Deprivation of Liberty - refers to any form of detention or imprisonment, or to the


placement of a child in conflict with the law in a public or private custodial setting from
which the child in conflict with the law is not permitted to leave at will by order of any
judicial or administrative authority
Discernment defined as the mental capacity to understand what is right and wrong and
what consequences follow

Diversion refers to an alternative, child-appropriate process of determining the


responsibility and treatment of a child in conflict with the law on the basis of his/her
social, cultural, economic, psychological or educational background without resorting to
formal court proceedings.

Diversion Program refers to the program that the child in conflict with the law is
required to undergo after he/she is found responsible for an offense without resorting to
formal court proceedings.

Initial Contact with-the Child refers to the apprehension or taking into custody of a
child in conflict with the law-by-law enforcement officers or private citizens includes the
time when the child alleged to be in conflict with the law receives a subpoena under
Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under
Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the children alleged to be in conflict
with the law under immediate custody.

Intervention refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take the form of an individualized
treatment program which may include counseling, skills training, education, and other
activities that will enhance his/her psychological, emotional and psycho-social
well-being.

Juvenile Justice and Welfare System refers to 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, reintegration
and aftercare to ensure their normal growth and development.

Law Enforcement Officer refers to the person in authority of his/her agent as defined
in Article 152 of the Revised Penal Code, including a barangay tanod

Offense refers to any act or omission whether punishable under special laws or the
Revised Penal Code, as amended

Recognizance refers to an undertaking in lieu of a bond assumed by a parent or


custodian who shall be responsible for the appearance in court of the child in conflict
with the law when required
Restorative Justice refers to a principle which requires a process of resolving conflicts
with the maximum involvement of the victim, the offender and the community. It seeks to
obtain reparation, reconciliation of the offender, the offended and the community, and
reassurance to the offender that he/she can be reintegrated into society. It also
enhances public safety by activating the offender, the victim and the community in
prevention strategies.

Status Offenses refers to offenses which discriminate only against a child, while an
adult does not suffer any penalty for committing similar acts. These shall include curfew
violations, truancy, parental disobedience and the like.

Youth Rehabilitation Center refers to a 24-hour residential care facility managed by


the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or
accredited NGOs monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law. Rehabilitation services are
provided under the guidance of a trained staff where residents are cared for under a
structured therapeutic environment with the end view of reintegrating them into their
families and communities as socially functioning individuals.

Victimless crimes are crimes that do not directly and specifically harm another party.
Some examples of crimes that do not affect anyone outside of the person committing
the crime are public drinking, trespassing, drug use and traffic violations
INTRODUCTION

The provision of Section 13 Article 11 of the Philippine Constitution provides that “ 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 and make it the
state policy to protect the best interest of the child.” This provision is fundamental in the
making of Republic Act 7610 or the Anti-Child Abuse Law and Republic Act 9344 or the
Juvenile Justice and Welfare Act as amended by RA 10630 which aims to provide a just
and humane system of treating children in Conflict with the Law.

The municipal government of Calatagan in its endeavor to promote the rights of


Children and protect them from abuses, has formulated four important documents which
have been considered a gift for them. The Local Code for Children was enacted in
2017, the Municipal Development Plan for Children and the State of the Children’s
Report were also readily available.

RATIONALE

The Philippines as one of the signatories to the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations
Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines) assures
the protection of the best interests of the child in accordance with the standards.

Members of the Congress designed and passed bills intended to make laws more
consistent with the Philippines’ advocacy on juvenile justice. Understanding the
foremost goal of the country, to have a standard national policy on children in conflict
with the law.

Republic Act 9344 or the “Juvenile Justice 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, reintegration and aftercare to ensure their normal
growth and development.

Using this approach, each CICL and CAR has the same universal and inalienable rights
as any child. The municipal situational analysis reviews and synthesizes existing data
obtained from the locality that respond to the needs of CICL and CAR, and which
examines progress in the achievement of goals, as well as identifies gaps and priorities
for future plans and intervention.
METHODOLOGY

The following are the process undertaken to collect and analyze data and identify the
problems and current situation:

1. Preparation of Municipal Development Plan


2. Preparation of Annual Investment Plan
3. Review of the Annual Accomplishment Report of Municipal Social Welfare and
Development Office / Local Council for the Welfare of Children
4. Request the Office of the Sangguniang Bayan for the copies of the local
ordinances passed and review its implementation
5. Coordination with Municipal Planning Office for updates on the Local
Development Plan for Children
6. Consultation with 5 Pillars of Justice including National Offices

GOALS
GOAL: To lessen the crimes committed by CICL by 80% and CAR by 100% in the
Municipality of Calatagan for the year 2023

Level of Analysis Condition (Outcomes) Intervention (Outputs)

Demand Side

Low educational Parenting skills of CICL Modules for parenting


attainment of parents parents was enhanced capability skills and
and siblings discipline were readily
Lack of parental care, available and provided to
guidance and support the facilitators
Marital conflict of
parents Values formation and
Child abuse / physical awareness sessions were
maltreatment of conducted
parents
Peer influence/
pressure
Poor family relationship
and values orientation

Over exposure on the use of Computer shops are Revision and strict
social media and vices in the regulated implementation of laws
community and ordinances to the use
of computer shops
Supply Side

Limited / Inadequate Programs and services Proposals for the


programs and services for for youth are sufficient implementation of
children and youth programs and services
are submitted

Lobbying of programs for


children done

Poor monitoring of LCPC / Monitoring of LCPC / LCPC / BCPC has an


BCPC in the programs and BCPC programs and established monitoring
services for CICL / CAR services enhanced system

Only ONE Social Worker in Proper handling of CICL Proposal for additional
the LGU / limited Social will be performed personnel / social worker
Worker to handle CICL was submitted

Barangay Official is unaware Service providers are Provided learning


of RA 9344 capacitated modules and conducted
trainings to raise the
awareness of barangay
officials on RA 9344

Limited visibilities of Barangay Brgy. Officials actively Strict monitoring on the


Tanods and roving officers in scrutinize their vicinity roles and responsibilities
uniform of the barangay officials

Enabling Environment

Inactive youth organizations Reorganization of youth Series of meetings among


organizations done youth organization

BCPC is not functional Functional BCPC Strengthening the


functionality of BCPC

Quarterly meeting done

Poor implementation of local Effective reintegration of Development of


ordinances children in the monitoring system
community
SUMMARY OF MAJOR PROBLEMS AND CHALLENGES CONFRONTING CHILD AT
RISK AND CHILDREN IN CONFLICT WITH THE LAW

The major problems and challenges confronting CICL cases using the data generated
and collected from the Municipal Social Welfare and Development Office from January
2018 to July 2020 through a Municipal Situational Analysis are the following:
● Dysfunctional families and weak parenting capabilities
● Excessive use of social media and technology
● Non-functionality BCPC / LCPC
● Lack of capacity in handling CAR/CICL cases
● Limited service provider

Analysis of Causes at the Demands Side


In general, CICL in the Municipality of Calatagan came from the disadvantaged family
whose parents lack opportunities to have a good paying job because of lack of support
and low level of education. Most of the time, parents need to spend their earnings for a
living to be able to support their family. Thus, the parental duties are being neglected
which is essential in every child’s development.

Poor parenting skills that are most likely rooted in low levels of education and early
marriage are the most common root cause of the CICL problems resulting in
dysfunctional families. Moreover, children nowadays lack guidance and positive social
values and life skills training that will enable them to function according to the demands
of society.

In addition, children in conflict with the law are also exposed to various forms of violence
even within the tenet of security and peace. Any kind of violence especially, domestic
violence has a huge effect on growing children. Parents play a vital role in the
bio-psychosocial well-being of so if there is a presence of domicile ferociousness the
child’s development will be difficult.

Analysis of Causes at the Supply Side


Nowadays, children in conflict with the law have infinite access to social media and
technology since there are numerous and affordable internet shops at any corner
influencing their minds. In connection, their views about different societal issued and
problems like theft, rape, illegal gambling and alcoholism disillusioned their values and
functionality. Also, social stigma is present in the community.
Poor implementation of child protective services due to limited number of professional
service providers and in-depth knowledge and training and understanding of CICL.

In addition, there is only one social worker in the municipality that makes it a struggle to
implement and monitor plans and interventions that will help them to understand the
demand of the society that is expected of them and be able to develop them to be a
functional individual.

There is no Bahay Pag-Asa in the municipality and there is no situation-appropriate


space, personnel, insufficient training and other requirements that are needed to be
able to be accredited by the DSWD. All these factors are contributory factors that affect
the rehabilitation of the children.
Analysis of Causes at the Enabling Environment Side
The passage of RA 9344 as amended by RA 10630 provides for the making of a
Comprehensive Local Juvenile Intervention Program, BCPC is not functional and this
hinders the achievement of the intervention and other programs and services
addressing CICL problems. Both the BCPC and LCPC have minimal training on proper
handling of CICL/CAR.

LOCAL PROGRAMS, INTERVENTION, SERVICES AND FACILITIES FOR


CHILDREN IN CONFLICT WITH THE LAW

A. Social Services
A social welfare intervention to clients in need are being extended to promote
their interpersonal relationships with their families and relatives. Diversion
programs are being implemented to children in conflict with the law (CICL) until
they are ready for reunification to their families and reintegration with the
community. The social worker facilitates social case management process to
ensure that clients shall be given appropriate and

B. Medical Services
Provision of medical services to the clients shall be made possible through the
Rural Health Unit and other partner hospitals for their routine physical
examination, treatment, dental and other medical related services.

C. Psychological Services
To determine the social, emotional and intellectual functioning of every client
being referred to the MSWDO, psychological evaluation is given with the
assistance of the psychologist from the Philippine Mental Health Association
during the activities. The general objective of the services is to ensure that the
clients will become fully functional through complete understanding of the
situation, generation of new cognitive structures and the development of a
healthy and adaptive coping mechanism. The program includes therapy like life
skills activities, arts, play therapy and counseling in a form of individual or group
sessions.

D. Spiritual Enhancement Services


The development of moral and spiritual values of clients is being addressed by
this program. The children are taught bible studies, morning and evening
devotions and spiritual counseling is a powerful tool in aiding the individual and
family deficiencies. Spiritual volunteers are being tapped regardless of the
religious sector they belong to.
E. Recreational Services
The services provide facilities for sports and recreation. The child shall have the
opportunity to engage in a constructive activity and to establish good peer
relationships as an alternative to relieve stress, worries and boredom. It also
boosts personality development in terms of cooperation, camaraderie, leadership
and friendship.

F. After-Care Services
The program and services entail the monitoring and follow-up of clients after they
have been released or reunited with the family or relatives. The social worker in
charge of the program shall prepare and implement effective monitoring and
evaluation which may include regular reporting of clients attendance to organized
activities relative to his/her rehabilitation.

Diversion program shall form part of the after-care services for the children in
conflict with the law since they are already reunited or taken custody of the family
or relatives. Close coordination and good working relationships with the families
and other government entities shall be established to assure continuous
rehabilitation development of clients.

G. Counseling
The services intend to conduct through individual and group sessions for clients
admitted at the center. Its aim is to explore options for their welfare, reducing
painful feelings of shame, isolation and fear; and improving self-esteem,
confidence and self-sufficiency.

H. Legal Representation
This service includes informing clients of their rights and legal options
representing clients at court, or assisting them to obtain legal representation from
elsewhere.
CONCLUSIONS

Many of the CICL come from poverty-stricken populations whose level of morality is
driven by the need to survive. With inadequate livelihood skills and low educational
attainment, everyone in the family tends to make money in any way possible. Children
being unguided resorted to commission of theft and robbery.

With the insufficient available programs and services from the community and the state
and considering that most of the LCPCs in barangays are non-functional, controlling the
increase of CICL is impossible. The municipality have ordinances or resolutions
upholding and protecting children and youth from becoming CICL/CAR but poor
implementation and monitoring from service providers / duty bearers make the law
futile. It is evident that lack of monitoring and parent’s absence of support and guidance
to their children causes the spike in the number of reported CICL and CAR cases.

In as much as the government would like to improve and protect the welfare of all the
children including offenders through passage of laws, lack of service providers equipped
enough to carry out and properly implement it deter the development of programs and
projects that would lower the incidence of crime commission of the children and youth.

RECOMMENDATIONS

Based on the above findings, the following are the recommendations:

Demand Side
For MSWDO, to strengthen the implementation of Parents Effectiveness Session,
Family Development Session, Empowerment and Reaffirmation of Paternal
Abilities, etc. to build the parenting skills of parents and caregivers particularly of
CICL / CAR
For partner stakeholders and NGO catering to children and youth to initiate
community activities / events that will involve families and children, adolescents
in community affairs and where children can have wholesome or productive
engagements that would equip youth / children with life skills and in-demand
productivity skills training.
OWWA and TESDA to provide alternative job opportunities and skills training to
CICL’s parents
For DSWD, DepEd and NGOs to conduct advocacy and communication activities
to raise awareness of parents, caregivers, children and adolescents on child
rights and proper values, etc.
Involvement of parents as partners during the diversion programs and other
related intervention program
Parents/guardians/caregivers as partners for strict parental supervision and
guidance for the proper use of social media and internet technology access
For the policy makers, to formulate policies that will protect the welfare of
children

Supply Side
To request the JJWC/RJJWC to conduct trainings for Barangay leaders in case
management of CICL / CAR
For the local government to hire additional registered social worker/s that would
cater to the needs of the CICL/CAR
For the Municipality to promote and further strengthen the implementation of
Community-Based Diversion and Intervention Program for CICL / CAR
To strengthen collaboration to partner agencies in the data collection and
generation through formulating data gathering tool
Strengthen the implementation of programs and services in the Municipality
Allocation of fund for sustainability of programs and services

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