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#JailNoChild

A CALL FOR THE STRENGTHENING OF THE
JUVENILE JUSTICE AND WELFARE SYSTEM OF
THE PHILIPPINES
JUVENILE JUSTICE AND WELFARE COUNCIL

Republic Act 9344 as amended:
Landmark Child Protection Law
• Established a comprehensive and child-sensitive
juvenile justice system
• Under this law, children can be held accountable
using child sensitive procedures that avoid their
incarceration and emphasized on prevention and
rehabilitation so that there is lesser risk of re-
offending
• Enactment of R.A. 10630 in 2013 strengthening the
Juvenile Justice and Welfare Act of 2006
• Retention of the minimum age of criminal
responsibility (MACR) at above 15 years old as
provided by R.A. 10630
• R.A. 9344 nominated in the World Future Policy
Awards for 2015

FACT CHECK: Most Reported Offenses Allegedly
Involving Children in Conflict with the Law (2012-2015)

Percent Distribution of Crimes Committed by CICL
60%

50%

40%

30%

20%

10%

0%
Theft Physical Injuries Robbery Rape RA 9165 (Prohibited Drugs) Other Crimes

FACT CHECK : Crime Committed by Adults and Children
(2002 to 2015)

Percent distribution of Serious and non serious crimes under sec 20-a ra 9344 as amended 8.15% Non-serious Crimes Serious Crimes 91.85% .

39% .00% Below years old 9 to 11 years old 47.50% 12 to 15 years old Above 15 but below 18 years old 43.CICL and CAR by Age Group 7.12% 2.

528 Crime Volume 47.37% 2.020 38.042 TCV vs CICL 1.043 1.48% 4.CICL Cases in the Bicol (2014-2016) PROVINCE YEAR 2014 2015 2016 Albay 98 405 728 Camarines Norte 54 31 161 Camarines Sur 293 432 440 Catanduanes 101 102 149 Masbate 30 42 42 Sorsogon 76 31 8 Total 652 1.513 42.02% .

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Total Crime Volume vs CICL 50000 47513 45000 42020 40000 38042 35000 30000 25000 20000 15000 10000 5000 1043 1528 652 0 2014 2015 2016 TOTAL CRIME VOLUME .

CRIMES COMMITTED 2014 Theft 270 Physical Injury 131 Rape 50 Robbery 22 Trespass to Dwelling 19 2015 Theft 424 Physical Injury 181 Rape 55 Alarm & Scandal 49 Shoplifting 31 2016 Theft 456 Drugs 369 Physical Injury 233 Rape 71 Alarm & Scandal 40 .

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LGU Responsibilities Under R. 9344 • Appointment of a licensed social worker whose task is to assist children in conflict with the law. • Adopting and implementing Comprehensive Juvenile Intervention Programs. • Allocating at least 1% IRA for strengthening of the local councils for the protection of children. .A. • Implementing diversion mechanisms and programs and other child appropriate process to determine responsibility of CICL without resorting to formal court processes • Establishing and operating Bahay Pag-asa facilities for CICL in highly-urbanized cities and provinces.

50% However.342 80% SW) of LGUs have 70% appointed licensed 60% social workers.Status of Implementation at the LGU Level Hiring of Licensed Social Workers Hired in LGUs Social Workers 100% 90% Only 3% (or 1. 0% I R R II II I -A -B V VI VI I VI II IX X XI XI I GA M NC CA IV IV RA RM A CA Percent of LGUs with SW Percent of LGUs without SW . they also 40% handle all the other 30% cases in the LGU 20% that require a 10% social worker.

425 LGUs have Allocation 24.80% allocated at least 1% of their IRA for the Without 1% strengthening of the IRA Local Councils for the Allocation Protection of Children.20% . 75.Status of Implementation at the LGU Level Percent distribution of lgus with and w/out IRA allocation Allocation of at least 1% of IRA With 1% IRA Only 14.

a total number of 40 BPA 25. .00% with pending cases before the court.Status of Implementation at the LGU Level Percent distribution of lgus (Provinces and hucs) with Bahay pag-asa Bahay Pag-Asa (BPA) Facilities As of March 2017.00% facilities have been LGUs with BPA constructed to provide temporary residential LGUs without care for children in BPA conflict with the law 75.

Quezon .The newly-furnished Bahay Pag-asa in Baler.

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Status of Implementation at the LGU Level Percent distribution of lgus provided with technical assistance on the development of cljip Comprehensive Local Juvenile Intervention Program JJWC has provided LGUs provided technical assistance to with technical more than 13.13% 2015-2016.743 LGUs or 32%.939 out of assistance on 43.87% from barangay to the LGUs not provincial level from provided with 68. technical assistance on CLJIP . CLJIP 31.

1463 LGUs oriented and assisted din the development of their CLJIP •62 LGUS have crafted their CLJIP with resolution .For Bicol Region: •On CLJIP Orientation: •Of the total 3591 LGUs.

a policy-making.A. 9344) • 17 Regional Juvenile Justice and Welfare Committees (RJJWC) • National and Regional Secretariat .Status of Implementation at the LGU Level To oversee the coordinated. the following structures were institutionalized: • Juvenile Justice and Welfare Council (JJWC). coordinating. and monitoring body tasked with the implementation of Juvenile Justice and Welfare Act (R. regional and local levels. integrated and full implementation of the law at the national.

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Status of Implementation at the National Level Policy Formulation and Program Development . Development of policies which serve as guide and protocol for duty- bearers in properly implementing the law .

Annual nationwide observance of Juvenile Justice and Welfare Consciousness Week as an awareness-raising platform . Legislative advocacy and social mobilization work . Development and dissemination of IEC and advocacy materials . Development of training modules .Status of Implementation at the National Level Advocacy and Social Mobilization .

Pilot testing phase) • Capacity building activities for social workers. law enforcement officers. local duty-bearers . prosecutors. lawyers. Capacity-Building • Development of the JJWC National Juvenile Justice and Welfare Management Information System (CICL and CAR Registry .Status of Implementation at the National Level Information Management.

regular jails and detention facilities. .Status of Implementation at the National Level Monitoring • In 2016. 109 of these children were released and transferred to their parents or appropriate facilities. monitored and provide with technical assistance • 319 detention/jail facilities were inspected • As a result. 397 children were found to be detained in BJMP facilities. all 35 operational Bahay Pag-Asa were visited.

Enhanced Parent Effectiveness Service (PES) Seminars  Diversion Program of CICL as indicated in RA 9344. CICL were neglected and are from poor families Goal: The Children in Davao City are free from abuse and neglect with full access to services and living in a peaceful and caring society. Organization of Watch Groups.26% of IRA Intervention Programs:  ECCD. establishment of residential care and rehabilitation facilities (Bahay Pag-Asa)  Hiring of licensed social workers for the city and per barangay (91 RSW hired)  Operational Quick Response Team for Children’s Concerns (QRTCC) . Participation in Education. Vocation and Life Skills Program. Values Formation  Family Therapy to the Family of the Children at Risk. Total investment on intervention programs for children: 24. Institutionalization of activities on Children and Youth.Implementation of RA 9344 as amended: Davao City Experience CICL Situationer: 50% increase in their CICL from 525 in 2010 to 1067 in 2011.

662 3-year CLJIP 724 180 Implementation Davao City: Recognized during the 10th Anniversary of the Enactment of R. 9344 for the Good Practice of the LGU in implementing the JJWA .Implementation of RA 9344 as amended: Davao City Experience Two years of implementation and… Number of reported crimes involving CICL in Davao City LGU 2012 2013 to 2016 2015 1st sem 2016 3.A.

GAPS in the Implementation • Low LGU compliance • Insufficient personnel of the JJWC to monitor the implementation of the law • Lack of awareness and capacity of the pillars of the justice system • Lack of awareness of the general public on the juvenile justice and welfare system .

CRJIP Bicol • GOAL: Decreased incidence of CARs & CICLs • Output 1. congress and provided with IEC materials • Baseline: 13 Schools Divisions (DepEd. congress.Children are aware of their rights through conduct of forum. 2017) .1 . & IEC materials distribution • Indicator: Number of children attended the forum.

.Recommendations • Additional funding support (e. subsidies) to the LGUs for the operation of the Bahay Pag-asa facilities • Mandatory establishment and operation of camps/training centers by BuCor and DSWD where former CICL may serve sentence and continue their rehabilitation in lieu of confinement in a regular penal facility • Investment and Implementation of Comprehensive Community-Based Intervention Programs: Strict monitoring and audit of incorporation of the LGU’s Comprehensive Local Juvenile Intervention Program in the Local Development and Investment Plan of the LGU .g.

Proposed Bill on Lowering the Minimum Age of Criminal Responsibility (MACR) .

10630 . It is harmful and undermines the best interest of the child  It is anti-poor  It is costly for the government  It is unconstitutional  It is not the solution  JJWC calls for the full implementation of R.A.A. JJWC KEY MESSAGES on Lowering MACR  It will not reduce the crime rate  It will not protect or help children. 9344 as amended by R.

repentant. remorseful for having committed a crime .PSYCHODYNAMICS OF A CHILD IN CONFLICT WITH THE LAW  Feeling of aggression and hostility  Feeling of being a bad person and being known as a bad person  Cannot control his impulses  Shamed.

PSYCHODYNAMICS OF A CHILD IN CONFLICT WITH THE LAW  Confused. pretending he is not overwhelmed by problems . turning to drugs. roaming freely in the streets  Numbering his feelings. fearful and afraid of being caught and of being brutalized or tortured  Running away.

loneliness. longing for love and intimacy  Has a concept of injustice  Feeling of guilt when committed a crime  Perceives family as predominantly chaotic. neglectful and causing them to be bad .PSYCHODYNAMICS OF A CHILD IN CONFLICT WITH THE LAW  Express feeling of sadness.

• Children in conflict with the law cannot forget. .” • and stay with their gangs. • they learn to commit crimes. and maltreated by • the police. . . They always remember the • injustice done to them. being harassed. Confused and afraid. brutalized. . “remain bad. . . • . .

angry.lies his feelings of insecurity. Behind his impenetrable façade. . apprehension. . fearful and rejected. . . pretentious. and desire to escape his present state. • . The contradiction between his outer and inner self makes him sensitive. . .

.• How they view others. kind. . are violent and abusive  Friends are helpful. and “cool”. .  Mothers can be loving but “problematic”  Fathers are the cause of family problems.

• Real Change Should Not • Hurt Our Children .

THANK YOU! .