RESULTS

 38,363,884 = 38%
 beset with social problems affecting children and the youth; e.g. street children, juvenile drug use,
CAR/CICL
 Doubly neglected are CICL who come from rural areas
 4 PARTS

The Situation of CICL in Selected Barangays of Naic

 2016 = 111, 454
 S4 9344 CICL “alleged as, accused of, or adjudged as, having committed an offense”
 Table 1
o Purposively sampled – X experience; population size and re-elected
 Table 2
o came in formal contact with the criminal justice system/formally charged and proceeded to trial
o do not necessarily reflect all cases referred to or handled
o SPO3 Emelita C. Laurente - settlement or transferred
o do not deem the disposition worth noting
o Brgy - could also not present any information on the number/arrest statistics
 Table 3
o Male
 Figure 1
o above 15 but below 18
 Figure 2
o violation of the Comprehensive Dangerous Drugs Act of 2002 (9165) = drug pushing or sale and
drug usage or possession + physical injuries
o crimes against property - theft and robbery
o crimes against public order - direct assault + resistance and disobedience to PIA and their agents
o P.D. 1602 - illegal gambling, voyeurism, and acts of lasciviousness
o B - against persons and property/drug-related crimes
 Raul Pagkaliwangan (Tanod, Labac)
 Reasons
o group of friends
o CLJIP – Naic (2016) - poor and dysfunctional families + influence
 Repeat offenders - petty crimes

Threefold Community-Based Programs for CICL

 cornerstones
I - root causes and may take the shape of an individualized treatment program that will enhance the child’s well-
being (S4 (l) 9344)
o Who? (S6)
R21 of the IRR 9344
 PI - universal measures that uphold social justice and equal opportunity
 SI - help the CAR
 TI - tackle recidivism
IRR of 9344 - R37 - Examples
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  Counseling
 peer counseling and life skills training and education
 provision of support services to the family (e.g. parent effectiveness service, livelihood programs, skills
trainings, etc.)
 referral to other agencies for appropriate services (e.g. education, health, skills training, etc.);
 access to child and youth organizations in the community
 Table 4
 tertiary intervention
 Table 5
D “an alternative, child-appropriate process of determining the responsibility and treatment of a CICL on the
basis of his/her social, cultural, economic, psychological or educational background without resorting to formal
court proceedings” (S4 (i) 9344)
 S23 – 6 yrs, with discernment
 S24 - Katarungang Pambarangay
 Table 6
 Table 7
 CLJIP - poor diversion programs; no support programs provided for the family
1. still available/existing
2. written agreement e.g. installment
3. manifestation of the child’s remorse and repentance; blotter or logbook
4. advice, reprimand/warning - emphasizing their obligations; home or school visit – neglected;
continuous/post-efforts - none
o DSWD presence and assistance - 5 pm
6. barangay hall/compound; creek - safety boots; weeding

R - corrective or reformative measures to a child in - change negative attitude and behavior (R73, Revised IRR)
 upon court order
 CICL whose sentences are suspended; have been already admitted (S45, 9344)
 Mandated - S55
 Table 8
o no formal community-based rehabilitation programs
o limited only to intervention and diversion
o no need to establish such mechanism yet
o MSWDO have not yet referred cases to them
o Hon. Junio C. Dualan - continuity for the community-based programs

The Gatekeepers of the Juvenile Justice and Welfare System in the Community
 General
o establishment and strengthening of BCPC (S15)
o mandatory allocation of 1% of IRA for BCPC (S15)
o development of a CJIP covering at least a 3-year period (S18)
o formulation and conduct of diversion program at the Katarungang Pambarangay level (S24)
 duty-bearers
1. Punong Barangays
 Table 9
 chief executive (S389, 7160); enforcing all laws

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2. Lupong Tagapamayapa (Barangay Peace Committee)
 Table 10
 peace-seeking body - PB (chairperson) + not less than 10 nor more than 20 - Pangkat ng
Tagapagkasundo (Conciliation Body) shall be chosen
 duties in their conduct of diversion proceedings
3. BCPC
 adoption of CJIP as well as oversee its proper implementation
Table 11
4. Barangay tanods (Barangay Public Safety Officers)
 community brigade in charge of the peacekeeping and security matters
Table 12 - duty-bearers esp, LEO

General Decrees (4):

 BCPCs were already established and organized (Executive Order; quarterly meeting; CLJIP – Naic - not
all are functional)
 have already earmarked 1% of their IRA for its BCPC Table 13
 have not yet developed and instituted a CJIP
o no solid framework for the community-based programs
o not even familiar
 have implemented certain forms of diversion programs
A. Punong Barangays
 reflects the responsibilities
 mediators - usually the last official
o session or meeting is not formally instituted
o not familiar with the details of diversion
 lack of relevant documents e.g. diversion contracts
B. Lupon
 seldom reach - could not resolve are brought to the level of the lupon
 first responders – LEO and/or kagawad and the investigator
C. BCPC
 functions - Early Childhood Care and Development (ECCD) program
o full range of health, nutrition, early education, psychological, and other services that provide for
the holistic needs of children e.g. day care centers
 have their respective day care centers/kindergarten schools (CLJIP – Naic, 2016)
 Responsibilities - seldom participate in the initial investigation; Unless the kagawad on duty is also a
member of BCPC
 duties - empowerment of the parents
o no programs that provide for any seminar or forum for proper parenting and child rearing
 barangay assembly - twice a year
 failed as a coordinating body for the adoption, implementation, assessment, monitoring and evaluation
of the CJIP
 do not also have any funding for any capability-building programs
 no formal collaboration between the council and the schools, youth organizations and other concerned
agencies
o referral of out-of-school youths to the Department of Education (DepEd) for the Alternative
Learning System (ALS)
D. initial contact and investigation
 usually apprehended by the LEO upon receiving any call or by the concerned persons themselves
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  transfer the child to the office of the BPSO
 call for the presence of the child’s parents, if none, any guardian of the child
 some tanods admitted that they are giving out lectures or advices to the child
 none of the barangays are using any BCPC forms e.g. intake form
 any data or information are written directly into their logbook or blotter
o care of the desk officer and it is only brought out by the officer on duty when there is a case;
separate
o one barangay is not familiar with the CICL logbook - registered instead in their VAWC logbook
 officials give some advice to the parties
 usually accommodate the children in their barangay hall
 children are not detained there
 see to it that the children would not feel that they are being interrogated - not ask questions repeatedly;
trying to earn the trust of the child
 one at a time
E. determining the age
 ask first the offender
 confirm the same with the parents/guardian.
o birth certificate and school I.D.; on the records
F. conflict resolution = conciliation, conferencing and mediation efforts - meeting or series of meetings
facilitated by the barangay officials
 kagawad on duty, investigator and tanod
 rather than the Punong Barangay and the lupon
 neutral place where the identities are kept confidential
 room that have enough privacy
 no agreement - give a certification to this fact or an endorsement for the aggrieved party to file an action
G. treatment
 respecting the rights of the child
 consider and call - their own children; offer food to them
 addressing - generic terms to, toy or totoy for male and ne or nene for female
 diplomatic manner; counter-productive
H. disciplinary actions
 immediate transfer and referral of CICL cases to the police - somehow imposes fear
 prohibited acts - punitive measures e.g. employment of unnecessary force
o smack the child - practice before - child have to lie on top of the table then I will slap him or her
o push-ups
On Selected Provisions and Issues on R.A. 9344, as amended
I. Minimum Age of Criminal Liability
 for children - raised from 9 to 15
 above 12 up to 15 - serious crimes - mandatorily detained within the youth care facility or Bahay Pag-
asa (S20-A, R.A. 10630)
 age of discernment - “capacity to understand the difference between right and wrong, and its
consequences (Rule 38.a., Revised IRR of R.A. 9344).”
 exploitation of children for commission of crimes by crime syndicates

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 unanimously acknowledged the relation between the MACR and the exploitation of youth by the
syndicates
o systematic schemes
o target - lack of parental guidance
 majority - lower it 13, 12, 9 - topmost preferred ages
o prevent repeatedly
o an excuse/ bragging right - emboldens; hard-headed
 at the current standard - best interests of the child; what is right and wrong; begins to develop thoughts

II. Establishment and Strengthening of BCPCs

 failed to institute their own BCPC, let alone ensure functional
 already have a BCPC
o remain confused as to its composition when a member of this council was sought
o recognized its importance - unaware about the CLJIP and the budget
o lack of pertinent seminars and capability-building programs or trainings – GAD/VAWC, drugs,
Katarungang Pambarangay; proper handling of childen’s cases
 Hon. Dualan - functional in his assessment; submit the necessary reports
o one major impediment–budgetary constraints.
 focal coordinating council for delinquency prevention

III. Diversion: The Cure-all Remedy?

 detour from the normal or expected route of criminal prosecution
 in a way dealt through by a variety of decisions and measures which do not have the same level of
public scrutiny and propriety as a formal court trial
 +
o mere apprehension and verdict = justice for the victim
o some positive effects on the emotional aspects – fear of peer rejection

 -
o more unfair for the victims - more losses; still depends on the gravity
o prefer that a punishment shall be imposed for fear of recidivism
o Dualan - seemingly easy to get away from their wrong acts
o officials handling the cases - not equipped with the required skills
 extend the criminal liability of the child to his or her parents; force them to keep an eye on them

IV. Resource Availability

 financial resources are not enough
 limited scope in the BCPC fund of the barangays - local day care centers’ fund; since the fund is little
 Compensate - approaching and requesting - to mayor, to governor, congressman...

V. CICL: A Criminal or a Victim?

 criminal offenders; also considered to be victims of circumstances beyond their control
 unanimously perceive the CICL as victims rather than criminals
o influence of the peers
o Poverty - deprived them of access to their basic needs such as food and education

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 VI. Death Penalty
 objection against the use of capital punishment on children under all circumstances
 Dualan - too harsh a sanction for a child
o belief that a child is still capable of changing; driving forces
o lack the mental capacity; their impulsiveness

DISCUSSION
 State Parties to CRC
o duty to recognize the rights of the CICL + best interests - Article 40 (1); dignity and worth;
human rights and fundamental freedoms
 R.A. 9344 - legislative enactment in compliance with this
o paradigm shift - punitive and retributive justice towards restorative justice - trend (Kratcoski,
2012)
 barangays have a huge role - government policies, plans, programs, projects, and activities in the
community + amicable settlement of disputes (S384, 7160)

 population is relatively small - few number of cases

o juvenile delinquency - thrives in rural areas as well - attention
o McDonald and Bush (2013) - domains of risk factors that contribute to juvenile transgression
1. individual domain - gender alone - biological risk - males are more likely to engage
2. family domain - family conflict, marital discord, lack of parental supervision - parental
neglect/dysfunctional families
o child internalizes those basic beliefs, values, attitudes, and general patterns of behavior (Cox &
Conrad, 1991)
3. peer domain - pressures - youths; peer rejection/influence, gang involvement - in the company
 Bilog (2014) - economically and socially disadvantaged families; needs
 majority of offenses - drug-related crimes and crimes against persons
o differ - Edelbacher, Gerstberger and Norden (2012) - crimes against property
 major impediment - poor cataloguing of data
o a child taken into custody because the child is accused of having committed an offense under
Philippine law is already considered a CICL
o faithful registration of cases that were received, handled or referred to
o not of sufficient quality and not sufficiently accurate to permit a true and accurate picture of
juvenile crime to be built up

 empowered to settle conflicts - dispute resolution/mediation - offender and the victim together in the -
mutually agreeable solution + 3rd party mediator (Katarungang Pambarangay: A Handbook, 2004)
o restorative justice framework - multilateral approach (Bates & Swan, 2014)
o theoretical foundations - Whitehead and Lab (2013)
1. John Braithwaite’s ‘reintegrative shaming’
o communication of shame and disapproval within a continuum of respect - to encourage to
desist from such acts; conferencing - awareness and knowledge; community service -
exposes the child
2. ‘exchange theory’ - a compromise - reparations for reintegration
 Yang, Veloso, Diaz, Aldaba, and Ariston (2015) - absence or lack
o considerably few when juxtaposed to the examples or forms

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 o X new experiences or skills - anger management skills, problem solving and/or conflict
resolution skills, values formation, and other life skills
 most glaring failure - rehabilitation programs - (S17, 7160)
 absence of systems or mechanisms - lack of CJIP, BCPC forms, diversion contracts, and funds
 formulation of diversion program - diversion committee (Rule 47.b, Revised IRR of R.A. 9344)
o BCPC, LSWDO, lupon, + faith-based organization
o local authorities present during a particular case
o coalescence of the LCPC, school, youth organizations and other concerned agencies (S19, 9344)

 doorstep of the juvenile justice system - as gatekeepers

 four-fold roles - Mosquito (2009)
I. institutionalization of CJIP - S18
o no assurance that the existing issues and concerns on children and delinquency within the
barangays are properly addressed
II. Barangay Protocol in Managing Cases of Children at Risk and Children in Conflict with the Law
(2016) – criteria: functional
1. presence of members as prescribed by law
o executive orders defining the organization and composition
o minutes show that not all members are present - reduced only to a piece of paper
2. performance of duties as provided by law
o some duties of BCPC are not fulfilled – CJIP
3. a definite working budget given by the barangay
 have not yet reached its full potential and have yet to become fully functional
o reactive instead of proactive – particular:programmatic
III. BCPCs’ Annual Work and Financial Plans (AWFP)
o scope -“day care fund”
o dilemma confronted by the juvenile justice administrators - economic side
o appropriation of money for certain programs or to support particular policies means withdrawal
of funding for other programs and policies (Preston & Ryder, 2011)
o influence of the political decision makers over the range of programs and resources
IV. Diversion programs - weak and not formally institutionalized yet
 some gaps - roles, duties, functions or responsibilities of the stakeholders
o PB - do not conduct mediation, family conferencing and conciliation efforts at all times -1st
responders
o lupon - do not really participate to a great extent in the juvenile justice process
o functions - committed in fostering the education of the children
 other areas such as on health, sports, livelihood and recreational activities
 no formal BCPC programs or projects in collaboration with others
o responsibilities – BCPCs
 hardly any BCPC participation in the initial investigation
o duties - empower the parents - parenting or child rearing
 role of the families and the parents is critical in delinquency prevention (S12, 9344)
 Parental guidance = molding; very limited parenting skills - delinquent behavior of their
children (Wright, Tibbetts & Daigle, 2015)
 mandatory registry of CICL (S12, 10630)
o age, residence, gender, crime committed or accused of, and the details of intervention/diversion
o BCPC forms e.g. intake, complaint, referral and feedback forms - poor documentation work and
inefficient cataloguing
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  no any barangay report - initial investigation (Rule 27.c, Revised IRR of R.A. 9344)
 taking of the statement of the child - LSWDO
o S22- representative of an NGO, religious group, or member of the BCPC - absence
 age of the child
o compliance of the S7 - birth certificate, baptismal certificate, testimonies from the child or other
persons, the physical appearance of the child, and other
 factors - diversion program e.g. frequency and gravity (S29, 9344)
o broad measures; appropriate to their well-being + circumstances and the offence (A40 (4), CRC)
o contract of diversion - after the voluntary admission - writing and signed (S26, 9344)
 no such contract - individualized program, method of monitoring/officer-in-charge, period, and
the rights, responsibilities or accountabilities
 logbook
 LSWDO - conducts the initial assessment; not the barangay
o lack of knowledge on the differences
o not same level of expertise as the LSWDO
 treatment of CICL
o generally respect their welfare and their rights
o child-friendly approach - X derogatory remarks; diplomatic manner
o no locked up policy S21 - neutral area
o confide personal information
 confidentiality of records and proceedings (S43, 9344)
o alyas or codename
o closed-door sessions - conceal the child’s identity and respect privacy (S5 (h), 9344)
o separate logbook for CICL - VAWC logbook
 prohibited acts - unnecessary violence
o S60 - prohibited measures

 12 years since took effect - several issues & challenges

1. “Legal Research on RA 9344 as Amended: Compilation of the Philippine Supreme Court Decision on RA
9344 as amended (2006 to June 2017)” - JJWC
o alleged vulnerability of children - crime syndicates - illegal activities - one of the strongest criticism
o suitable instruments to carry out their illegal business
o several attempts - Senator Vicente Sotto III - 13 - syndicates (Viray, 2018)
o Pampering; recidivists
o not intend the child to go scot-free; appropriate programs - great challenge
o Sison-Arroyo and Estorninos (2012) - only expose younger children; crackdown - worst form of child
labor
o R.A. 10630 - maximum imposable penalty and period for the crime committed (S20-C)
o CRC and other international guidelines - considerably compliant apart mandatory detention of children
who committed serious crimes or are repeat offenders - discriminatory given; exceptions to the MACR
(Estorninos, 2017).
2. strengthening of the BCPCs
o these are not completely utilized
o strong support and commitment from the LGUs
3. diversionary measures - released without the much needed reformation
o loose and informal juvenile justice system - people who are devoid of skills and knowledge (Woolford &
Ratner, 2010)

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 o protected from the detrimental effects of incarceration
o Farmer (2011) - reoffending is larger when the children are exposed to an adult-formulated justice
system and when labelled or stigmatized as delinquent
 difficult to escape the stigmatization - forced out of interaction; association with labeled
o expedites the resolution of cases, decongests the local courts of cases they have to handle, and spares the
children from the arduous process of prosecution (Trinidad, Manzano & Puzon, 2006).
o different process - may work effectively for their best interest than the strong arm of the law or
punishment
o problem lies more on the implementation.
4. budgetary or financial constraints - IRA
o policies and guidelines on juvenile justice - “national-centric” - difficult at the local level
o could set aside an amount from their general fund for the purposes of the law - intervention programs
(S18, 9344) - different from social services
5. victim-offender dichotomy
o poverty, lack of parental guidance, peer pressure
o doli incapax or “incapable of evil” - not possess the necessary knowledge to have a criminal intention
(Lennings & Lennings, 2014)
o predisposed to turn into CICL; cannot be entirely viewed as offenders
6. death penalty - universally acknowledged legal principle
o A37 (a) of CRC - without possibility of release
o 9344 S5 (b) + S59 - exempting provision
(1) the belief and respect for the child's evolving capacities;
(2) the conception of a CICL as a victim of various correlates of delinquency; and
(3) the lack of discernment
o new lease on life
CONCLUSION AND RECOMMENDATION
Conclusion
 legal backbone of the juvenile justice system
 restorative justice
 community pillar - barangays (first responders & mediators; hence, the gatekeepers)
 rural areas remain neglected and hardly given attention to
o Naic - 1st class municipality in Cavite
A. The number of CICL in the selected barangays of Naic is considerably small.
 mostly male, above 15 but below 18, drug-related crimes and crimes against persons, poor and
dysfunctional families/peers
 lack of information and statistics does not assure of an accurate picture
B. limited intervention and diversion programs with no rehabilitation programs instituted at their level
C. considerably compliant with their roles, duties, functions and responsibilities
 still some gaps
o BCPCs are still not functional
o budget remains limited
o CJIPs are not developed and instituted yet
o lack of mechanisms and systems in place as shown by the lack of pertinent documents
(e.g. BCPC forms and diversion contracts)
o poor database or registry of cases
o prohibited acts - disciplinary measures
D. questions and criticisms - their insights
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 1. lower the MACR (alleged exploitation of syndicates and the laxity)
 majority - lower
2. local officials revealed that the strengthening of BCPCs remains a challenge due to budgetary
constraints and lack of training
3. divided opinion as to the propriety and effectiveness of diversion in administering justice
 positive effects if properly implemented
4. resources - limited
 strong political will from the local officials to allocate significant amount
5. All - victims of circumstances beyond their control - poverty, parental neglect, and peer pressure
6. all against the imposition of death penalty - too harsh a sanction; stage of development
 without any solid and factual basis; otherwise, the rights of children will be compromised merely
on the basis of expediency
 The CICL have as much universal and indiscriminate rights as any other child
 welfare shall be the juvenile justice system’s paramount consideration
 multifaceted problem - basic social conditions of our society
 barangay arises must create the conditions conducive to the child and their families
 reactive - more proactive = delinquency prevention
Recommendation
A. barangays and its officials
 roles, duties, functions and responsibilities
 four-pronged approach
1. continuous efforts in strengthening the BCPCs/functional by convening regularly with all the
members and initiating local projects or activities.
2. 1% of IRA shall be used to finance the programs and projects of the BCPC
o could be earmarked from other sources in the general fund
o community volunteers, private sector, organizations, agencies and institutions
3. CJIP - all sectors concerned, particularly the child-focused institutions, NGOs, people's
organizations, educational institutions and government agencies
4. community-based programs must be readily available - full range of programs on health, education,
spiritual and values formation, and skills and sports development
o e.g. conduct skills or vocational trainings for children/TESDA
5. restorative justice - abolish any punitive measures
B. The MCPC, LSWDO and DILG – Naic should institute trainings or capacity-building
o technical assistance and support e.g. localization and development of CJIP
C. close interagency coordination between the barangays, LSWDO and Naic Municipal Police Station
o centralized database at the barangay and municipal level
o alleged to have committed crimes, apprehended for a crime, diverted without charge or
subjected to other community based programs, charged and proceeded to trial, and handed
down with a sentence
D. convergence of different sectors - the barangays, civil societies, youth, educational institutions, NGOs,
and faith-based organizations
o watch groups, parent figures, and youth
o information and education campaigns.
E. parents or the guardians must recognize their responsibilities over their children + vital role in
delinquency prevention
o counseling services and parent effectiveness seminars or training programs - early childhood
development, behavior management, parenting duties, and responsible parenthood.

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