Through the Eyes of the Youth: Children in Conflict with the Law and the Juvenile Justice System

Presented toProfessor Clarinda Berja

Department of Social Sciences

College of Arts and Sciences

University of the Philippines Manila

In partial fulfillment of the requirements in PS 198

By

Erika Sophia T. Acampado

2012-30029

BA Political Science

Acknowledgement

Abstract

This study, “Through the Eyes of the Youth: Children in Conflict with the Law and

the Juvenile Justice System”, is the analysis of the effectivity of the implementation of the

Juvenile Justice Welfare Act and its amendments. It discusses the concerns at the different

stages of the judicial process from the perceptions of the CICLs and duty bearers. This is

also an analysis on the effect on the emotional and cognitive mindset of the child. Through

interviews with primary respondents, CICLs and key informants, social workers from

Makati Youth Home and Regional Rehabilitation Center for Youth (RRCY), and expert

interviews from the Juvenile Justice Welfare Committee (JJWC), the research aims to

determine how the issues at each stage affect the rights of the child. It also the assesses the

effectivity of the overseeing departments with regard to monitoring and implementation. It

addresses the collective effect of limited budgeting and misinterpretation of the law in part

of the duty bearers. This study uses the theory of neoinstitutionalism to explore the

correlation of the enacted law and duty bearers on the proper implementation of the rights

of the child.

Key words: Children in Conflict with the Law, Neoinstitutionalism, Juvenile Justice

Welfare Act, duty bearers

I. Introduction

Background of the Study

Many laws and practices with regard to the juvenile justice system have changed

since the early 2000s. Prior to 2006 which enacted RA 9344 or the Juvenile Justice Welfare

Act, Presidential Decree 603 or the Child and Youth Welfare Code was set into place. The

laws stated were not so clear on how to handle the cases and majority of the children or

juvenile delinquents (term used at that time) were detained in jail cells among adults. With

the Republic Act in 2006, it started a change wherein less children were put into detention

centers. A Council was enacted to oversee implementation and youth homes were built.

With RA 10630, or the Juvenile Justice Welfare Act and its Amendments, youth homes

were called Bahay Pag-Asa and the criminal age of liability was kept at 15 years old instead

of reducing it to 9 years old. As RA 10630 and it’s implementing rules and regulations

were made or implemented only in the last three years, protocol dissemination and public

awareness have been the first step ensuring that no child will be detained and that all have

the opportunity for diversion or rehabilitation.

Laws enacted in the Philippines are becoming more comprehensive to avoid

misinterpretation. The current laws on juvenile justice are well detailed. Implementation

of these laws has always been the bottleneck (even in the general justice system). The

researcher was inspired to do this study upon undergoing her practicum under National

Union for People’s Lawyers (NUPL) wherein she witnessed the backlog of cases and

paperwork, and the struggle of the lawyers fighting for the rights of the victims. Children

in Conflict with the Law are also victims as they themselves can be misinformed and

misguided in handling their cases and are usually those from delicate and possibly broken

family backgrounds.

Statement of the Problem

It is quite evident that the criminal justice system in the Philippines has been subject to

delay, corruption, and inhumane living conditions for adult offenders. The juvenile justice

system has been subject to the same issues and has an even greater impact as it deals with

children. Prolonged detention will affect the Children in Conflict with the Law’s (CICL)

emotional and psychological state during the judicial process and more so during

reintegration upon release (Banaga, 2004). They have no means to afford representation

and are bound to be just one of the folders on a public defender’s desk. Due to the

increasing number of CICLs, there can only be so many cases heard and tried. The purpose

of this study is to pinpoint issues at each stage of the judicial process and to address these

issues. The researcher inquires on the current situation of Children in Conflict with the law.

Main Research Questions: Why do detention and delayed processes in the juvenile justice

system still persist despite its strengthening through RA 10630? And how do these

persisting problems affect the protection of child’s rights?

Purpose of the Study

The purpose of the study is to assess the comprehensiveness of the law and its

efficiency in implementation by contrasting experiences from the different duty bearers

and the CICL themselves. Specific objectives are listed below in aid of the purpose of this

study:

1. To identify the gaps and limitations at each stage of the judicial process in

Makati Youth Home and Regional Rehabilitation Center for the Youth;

2. To study the situation of CICLs in youth homes and the juvenile justice

system in correlation to their cognitive thinking and emotional mindset;

3. To analyze data retrieved from the children affected, from the lawyers

working on juvenile cases, from social workers in contact with the children

and from the administrators in the juvenile justice system on the

implementation of RA 10630;

4. To identify the importance of an early release program;

Significance of the Study

Even with the passing of the Juvenile Justice Welfare Act, the present state of the

application in the juvenile justice system in the Philippines differs from region to

region. The study aims to identify the different issues that continue to affect the

protection of the CICL’s rights. By identifying the bad case practices, the issues that

hinder proper application of the law, and the barriers in coordination among the pillars

of the justice system, this study aims to build a comprehensive, well-tailored and

appropriate solution to the rising crisis in the juvenile justice system.

Definition of Terms

• Juvenile justice system: a separate justice system that caters to the rights and needs

of children in conflict with the law.

• 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; below 18

years of age

• Neoinstitutionalism: It is the institutional analysis of policies, programs and

philosophies according to Schmidt (2010). It explains how institutions change and

persist. The concept of new institutionalism aims to connect the institution with

the individual.

• Duty bearers: those who have obligations for the protection and fulfillment of child

rights. Government and its agents, parents, and community members are the duty

bearers. The Juvenile Justice Welfare Committee (JJWC) is attached to the

Department of Social Welfare and Development and is in coordination with other

agencies such as:

“(a) Department of Justice (DOJ);

“(b) Council for the Welfare of Children (CWC);

“(c) Department of Education (DepED);

“(d) Department of the Interior and Local Government (DILG);

“(e) Public Attorney’s Office (PAO);

“(f) Bureau of Corrections (BUCOR);

“(g) Parole and Probation Administration (PPA);

“(h) National Bureau of Investigation (NBI);

“(i) Philippine National Police (PNP);

“(j) Bureau of Jail Management and Penology (BJMP);

“(k) Commission on Human Rights (CHR);

“(l) Technical Education and Skills Development Authority (TESDA);

“(m) National Youth Commission (NYC); and

“(n) Other institutions focused on juvenile justice and intervention programs.

I. Review of Related Literature

There have been 50,000 children arrested from the year 1995-2005. According to Dolan

(2005), there were 4,000 either in detention centers or in prisons with adults. There are

11,000 Filipino children in conflict with the law according to the 2009 report of the Juvenile

Justice and Welfare Council. In four years, the numbers increased from 4,000 to 11,000.

This is an alarming figure as detention centers or prisons are no place for a child. Prolonged

detainment shall have these juveniles believe that they are criminals and nothing more. It

is quite evident from observation that majority of these children come from low-income

families. They have no means to afford representation and are bound to be just one of the

folders on a public defender’s desk. Due to the increasing number of juveniles, there can

only be so many cases heard and tried. The purpose of this study is to pinpoint issues at

each stage of the criminal process and to address these issues. Upon identifying the issues

at hand, the objective is to find means to release the child at the beginning of the process

or at the pre-trial stage.

A previous study was done in 2004 in Metro Manila, Cebu City and Davao City. This

research proposal aims to update the previous study and focus on Regional Rehabilitation

Center for Youth and Makati Youth Home. It is quite evident that the criminal justice

system in the Philippines has been subject to delay, corruption, and inhumane living

conditions for adult offenders. The juvenile justice system has been subject to the same

issues and has an even greater impact as it deals with children. Prolonged detention will

affect the juvenile delinquent’s emotional and psychological state during the judicial

process and more so during reintegration upon release (Banaga, 2004).

Children in Conflict with the Law (CICLs) are from the age of 15 and below. According

to Republic Act 10630 or “An Act Strengthening the Juvenile Justice System in the

Philippines,” the minimum age of criminal liability is 18 years of age. A child that is less

than 15 years of age is exempt from criminal liability but is “subjected to an intervention

program.” A child above 15 years of age but less than 18 years is also exempt from criminal

liability will be subject to “appropriate proceedings” within this Act. It is important to note

that the use of the term “juvenile delinquent” is discouraged and CICL is more preferred

for the benefit of the child.

Sabangan (2011) stated in her article that until RA 9344 or “The Juvenile Justice and

Welfare Act of 2006” was passed, rules and procedures given to CICLs were no different

than from adult criminals. The creation of the Juvenile Justice Welfare Committee aided

greatly in information dissemination to transfer children from detention centers to youth

homes. Housing and funding still remains an issue in many regions but much has improved

from the creation of this Republic Act. Prior to the enactment of this law, the criminal age

of responsibility started at 9 years old. It was noted than even with the passing of this law,

modus operandis have only gotten worse. The minors involved are getting younger and

younger. Senators such as Senator Francis “Chiz” Escudero and Senator Panfilo Lacson

share a similar sentiment in returning the age of criminal responsibility to 9 years of age as

set under P.D. 603 or the Child and Youth Welfare Code of 1974. There have been

discussions whether or not CICLs should be subject to the regular process of the rule of

law or should undergo a restorative process as many of these CICLs have been influenced

by misinformation or coercion. The difficulty in the approved bill is the implementation.

According to DSWD, reducing the criminal age of liability is only a short-term solution.

Although there are various solutions and suggestions to the growing problem, only a

number of Barangays or areas are equipped in handling juvenile cases. Short-cuts are

available and the gaps in the judicial process are seen here. There has been continuous

monitoring, evaluation, and assessment of the law to make it more comprehensive and

beneficial for the CICLs. From P.D. 603, Republic Act 9344, Republic Act 10630, and

now Revised Implementing Rules and Regulations Implementing Republic Act 9344, as

amended by Republic Act 10630. Salient features include the creation of Bahay Pag-asas

nationwide and the creation of Regional Juvenile Justice Welfare Committees (RJJWC) to

oversee implementation at the regional and local levels. Currently, there are 34 Bahay

Pagasas in the Philippines.

In a four-part special report in Bulatlat, it stated that many of the children involved

have experienced injustice in the proceedings. Buencuceso (2005) interviewed a CICL and

the latter stated that he could not understand the hearings and papers signed as they were

written in English. Hence, children are not but should be well-represented in court. Alleged

crimes committed are often not appropriate to the penalties given to the convicted CICL.

Children that were interviewed often have no understanding or have not been given the

appropriate information regarding the length of their detention. Cases tended to be

postponed when judges were not available or have resigned – situations clearly seen in

adult hearings. Cases of juvenile delinquency should be of utter importance as many are

victims of circumstance. Effective legal proceedings and rehabilitation can greatly benefit

the mindset of the child upon release. There were only 4 youth homes nationwide: Molave

Youth Home (Quezon City), Manila Youth Reception Center (MYRC), Pasay City Home

(PCYH), and the Regional Rehabilitation Center for the Youth (Cebu City). Currently,

along with the 34 Bahay Pagasas, there are housings under Local Government Units. There

is at least one Bahay Pagasa facility located in every region in the Philippines except in

Region XII. Despite having at least one per region, it should be stressed that more should

be built as those who are unable to be accommodated remain in detention centers. Such is

the case in Region III, Pampanga; only those with court orders are permitted to enter the

Regional Rehabilitation Center for Youth. Those without remain in the jails or detention

center of the region.

Due to the number of cases that land on the desks of public defendants, the attention

given to the Children in Conflict with the Law are minimal. Majority of these exhausted

public defendants suggested that pleading guilty will be the only way to hasten the process.

These children follow through with the suggestion unknowing of the repercussions for their

admission according to the article by Meyer (2001). In Bilibid, children as young as 9 years

old can be tried as an adult even if the minimum criminal age of responsibility is 15. Due

to the lack of proper accommodation for CICLs in the country, children live in cells along

with adults. Extensive detention can have severe effects on the psychology of children.

The article ended by stating that radical reforms must be done to keep children out of

Bilibid.

Keillor (2011) discussed in his research that there should be a higher standard of

treatment to juveniles but sadly that is not the case. The researcher focuses on the causal

relationship between corruption issues at the pre-trial stage and excessive juvenile

detention to identify better solutions for reform. The international conventions against

corruption in the juvenile justice system were listed and described. According to the

research presented, there still hasn’t been a study that focuses on the link between

corruption and exploitation of juvenile pre-trial detention.

The study can be used as a comparison between the juvenile justice systems of the

United States of America and of the Philippines. Such issues discussed were on public

defender incompetence, judicial corruption, police abuses etc. As children have lesser

understanding and comprehension of the laws, they should have special circumstances.

McCord (2000) depicted the judicial process in the United States. It discusses diversion

and rehabilitation of the child but for this study, it will solely focus on the judicial processes

themselves. It’s a four-step and interconnected process. It begins with the prosecution,

juvenile court intake, formal processing and lastly adjudication. There is at least one

juvenile detention center in each state in the United States.

Alvor (2005) discussed the composition of the corrections system, the

implementation of minimum requirements for the management of prisoners, and the pillars

of justice involved among others. According to the research, there are three types of

detainees namely “those undergoing investigation, those awaiting or undergoing trial; and

those awaiting final judgement.” Issues involved would be overcrowding, manner of

implementation in the corrections system; and inadequate and untrained officials and staff.

These issues were presented in the adult corrections system but can be applied to the

juvenile justice system. An added issue for the latter would be the lack of information in

the part of the juvenile to the rule of law.

The limitation from the studies presented above is that there are countless issues

present and still a number of them unaccounted for. Approximately, according to the JJWC

Accomplishment Report of 2006-2015, a total of 52,576 children were in detention or

under custodial setting. Moreover, an average of 10,515 children were being arrested ever

year - about 28 children per day, or more than 1 child per hour. There are laws and Republic

Acts for the benefit and safety of these children but proper implementation has always been

the barrier. The issues stated are presented as general knowledge and this research will

focus on pinpointing the exact issue that pertains to each stage of the trial process. An old

saying is that “the best settlement is an out of court settlement.” Applying this to the cases

of the juveniles, it is best to get them out of the system as soon as possible especially for

petty crimes. The research aim is to get the experiences during the juvenile justice process

straight from the CICLs themselves as well as an expert’s perspective on the application

and implementation of the Republic Act No. 10630.

The researcher’s target is to conduct a case study on the reasons behind prolonged

detention and procedural delays for CICLs and match corresponding solutions. By using a

phenomenological type of research, the researcher will be able to pinpoint the experiences

of the juveniles regarding the judicial process that they undergo. It will be an evaluative

process in which first-hand information will be from the CICL. Phenomenology is the

description of experiences as how they are lived. The questions will be asked in a

conversational manner to allow the respondent to answer spontaneously. According to Van

Manen (1990) there are four aspects of “lived experience” that are to be used in

phenomenology. These are spaciality (lived space), corporeality (lived body), temporality

(lived time), relationality (lived human relations). These are to link the CICL with their

experiences in the judicial institution. Through these, we assess the child’s response to their

state in the youth homes, to the notion that they are now considered Children in Conflict

with the Law (as the term “criminal” or is not widely used for children or juvenile

delinquent to the CICLs themselves), to the time they have used or will use as they await

their case to be adjudicated, and to their relations with the people under the pillars of justice.

Banaga (2004) stated the following as the stages of CICLs within the juvenile justice

system:

1. Offending

2. Upon arrest

3. Before arraignment trial

4. Arraignment

5. Detention

6. Rehabilitation

7. Early release

It was stated in Buensuceso’s article that majority of the CICLs are clueless of the

procedure and the processes that they will undergo. This shows the barrier in

communication between the system and the child. As cases tend to be postponed due to

such issues such as changes in Judges hearing the case and inconsistent scheduling, it

depicts the failure of the institution to fulfil its duties in protecting the well-being of the

child. The researcher will focus on the observations and introspective reflections of the

CICLs. Purposive sampling and snow-ball sampling will be implemented. Respondents

will be interviewed from two different youth homes (one regional and one local) and key-

informants such as lawyers, administrators or caretakers in the respective homes. In-depth

interviews will be conducted with at least 3 children and 1 administrator per detention

center for a minimum total of 9 respondents and 3 key-informants. Through this analysis

whilst using the new institutionalist approach, the researcher can provide possible solutions

to the issues of prolonged detention. In methodological terms, new institutionalism

“explores how institutional structures, norms, and cultures constrain the choices and

actions of individuals when they are part of a political institutional (Breuning, 2014).” It

emphasizes the political design of institutions which in this case is the juvenile judicial

institution.

II. Frameworks

Theoretical Framework

For the case study, the researcher used the theory of new institutionalism. It is the

institutional analysis of policies, programs and philosophies according to Schmidt. It

explains how institutions change and persist. The concept of new institutionalism aims to

connect the institution with the individual which in this case study would be the interaction

between the juvenile justice system and the juvenile delinquent or CICL. To apply the

theory at a greater depth, this study focused on the connection of the issues that hinder

proper application of the law and how it affects the protection of child’s rights. The stages

involved will be the pre-trial stage, during the trial proceedings themselves and at post trial.

The research by Provine, Criminal Courts: In Search of a New Perspective, stipulates that

the institution is difficult to strip-down and assess simply. Her theory suggests institutional

adaptation and change. The researcher may apply this on the provision of RA 10630,

“protection of the CICL at all stages of contact with the juvenile justice and welfare system

by installing mechanisms which will safeguard the rights of the children, whether at-risk

or in conflict with the law and whether the child shall incur or will be exempt from criminal

liability”. As laws and institutions continuously change from internal and external demands

and pressures, the main question focuses on, “how did this occur?”

The study by Save the Children, Breaking Rules: Children in Conflict with the law,

was used as a theoretical guide. The researcher aimed to update the study as it was written

in 2004 but focusing on a local and a regional youth home for comparison. Status reports

written by the Juvenile Justice Welfare Committee (JJWC) were used as well to aid in

analysis.

Conceptual Framework

Figure A.

FigureB.

With the theory discussed earlier, the study focused on the issues at each stage of

the trial process in accordance with the five pillars of justice. The assessment of the

Juvenile Justice Welfare Act was done through gathering the perceptions and observations

by the CICLs themselves and the different duty bearers. By applying the phenomenological

approach, the researcher deduced common themes with good and bad case practices.

(Figure A.) Surrounding each phase of the judicial process (undergoing investigation,

awaiting or undergoing trial, awaiting final judgment, and law enforcement) are the five

pillars of justice (court, community, upon arrest, correction and prosecution). All of the 5

pillars of justice surround each phase as all of the pillars work hand in hand at every phase

of the judicial system. A subset of the pillars are the numerous duty bearers who take part

in shaping the diversion and rehabilitation process of the CICL namely departments,

organizations, baranggay officials, police officials, (MDT or multi-disciplinary team)

social workers, psychologists, house parents, lawyers, family and children’s and women’s

desk among others. A duty bearer is any person that will have a touch point with the CICL.

The researcher simplified each phase as such. Connecting Figure A and B are the issues at

each phase of the judicial process respectively.

Phase of Judicial Process Issues of Concern

Undergoing investigation Poor information dissemination: leads to improper handling

Awaiting or undergoing trial Lack of housing; CICLs unaware of their rights

Awaiting final judgment Hearing postponement and delays; lack of manpower/plantilia positions/human resources

Law enforcement Effect of diversion and rehabilitation centers on the cognitive and emotional mindset of the CICL

Hypothesis

As CICLs are of a young age, the protection of their rights at every level of judicial

contact is of utmost importance. They should be given priority as soon as they enter the

judicial institution as lengthening their time in a holding center will have them assume that

they are criminals and nothing more.

At present, RA 10630 or the “Act Strengthening the Juvenile Justice System” is enacted

into law. It is clear that the laws in place are for the betterment of the CICLs and those

under the juvenile judicial institution. The study suggests that there are still issues

regarding the protection of the child’s rights. These possible issues are as such: backlog in

paperwork, slow family courts or court hearing delay, misinformation among others.

Stricter implementation of these laws is required to lessen the issues such as procedural

delay to not only lessen the number of children in the system but to hasten the procedures

as well. Schemes for early release must be studied to be implemented and followed-up

properly.

IV. Methodology

This is a qualitative research using the phenomenological approach. According to Van

Manen (1990) there are four aspects of “lived experience” that are to be used in

phenomenology. These are spaciality (lived space), corporeality (lived body), temporality

(lived time), relationality (lived human relations). These are to link the CICL with their

experiences in the judicial institution. Through these, we assess the child’s response to their

state in the youth home, to the notion that they are now considered children in conflict with

the law (as the term “criminal” or “juvenile delinquent” is not widely used for children or

to refer to the children), to the time they have used or will use as they await their case to

be adjudicated, and to their relations with the people under the pillars of justice. Interviews

were conducted until data saturation was reached. The areas of concentration were Makati

Youth Home and Regional Rehabilitation Center for the Youth (one local and one regional

sources). Triangulation method was used to identify the issues juvenile justice system and

the current status of implementation of the juvenile justice act in each of the youth homes.

The researcher assessed the perceptions of the CICLs and duty bearers for analysis.

Observations and personal insights of the researcher was used as well.

Selection of Respondents

The main types of sampling the researcher used are snow-ball sampling and

purposive sampling. Purposive sampling was used in choosing the primary respondents as

it was needed to interview those who are undergoing hearings for their cases. Snow-ball

sampling was used for selecting key informants such as social workers; this will be upon

recommendation of the administration of the youth center.

The researcher collated interviews from five (5) Children in Conflict with the Law

and one (1) social worker from each youth home. The CICLs are considered as primary

respondents and the social workers as key informants. Social workers from Angeles City

were interviewed as well as key informants. As the researcher awaited approval from

CSWD San Fernando, social workers who handled CICL cases in Angeles City were

interviewed. Angeles City jail was primarily one of the selected detention centers to visit

but upon further research and through data gathering, the Regional Rehabilitation Center

for the Youth was deemed more apt for this research. The RRCY only caters to CICLs

who have been given court orders and is designed to house children from 15 to 18 years of

age. These CICL are those with suspended sentences. Originally, it was targeted to

interview lawyers for expert interviews. Upon recommendation by the Juvenile Justice

Welfare Committee, the chief of their Policy and Research Division and a social worker

were interviewed. As children are involved, confidentiality and the safety of the children

will be of utmost priority.

Design of the Study

The researcher used a semi-structured interview guide. All interviews were conducted

face-to-face with the respondent. Consent was willingly given and the research objectives

were explained prior to interview. Consent and questions for interview for the CICLs were

approved by the social workers of the youth home. The use of a voice recorder and printed

guide for notes were used in interviewing respondents from the Juvenile Justice Welfare

Committee and in the Regional Rehabilitation Center for the Youth. In Makati Youth

Home, however, the use of a recorder was not allowed and the researcher had friends to

write down notes in verbatim when interviewing the CICLs. The researcher as well took

down notes but focused on asking the questions and listening to the responses.

Ethical Considerations

Permits were applied for prior to entering the youth homes and prior to interviewing

respondents. Informed consent and guide questions for primary respondents, or children in

conflict with the law, were took note of and approved by the assigned social workers in the

facility. Informed consent was willingly given by all respondents prior to interview. For

confidentiality purposes, the CICLs are given codenames or aliases to protect their

identities. Questions were translated into Filipino for easier understanding on the part of

the primary respondents.

Description of the Instruments

The main instrument used was a semi-structured guided interview. All interviews

were conducted face-to-face for easier communication and understanding of body

movements. The follow-up questions depended on the answers provided by the

interviewees. A voice recorder was used for all interviews except for interviews conducted

in Makati Youth Home. Interviews were type-written directly on word document or written

in verbatim on printed interview guides.

Data Collection Procedures

The researcher applied for permits in the first week of February for Pampanga and

emailed JJWC for key informant and expert interviews. A key informant interview was

conducted in JJWC the week after and key informant interviews, social workers from

CSWD, were conducted in Angeles, Pampanga. Interviews were conducted in Makati

Youth Home on two separate days in two weeks after. In these two days, five (5) CICLs

and one (1) social worker were interviewed. Upon approval from CSWD San Fernando,

Pampanga, the researcher visited the Regional Rehabilitation Center for the Youth in

Magalang, Pampanga. Again, five (5) CICLs and one (1) social worker were interviewed.

Prior to visiting the center, the researcher had to retrieve the permit from the office. In the

terms and conditions, the researcher signed to email the final results of her thesis. An expert

interview was conducted mid-March in JJWC but the researcher was unable to interview a

lawyer on child’s rights. The researcher was assured by the council that the Chief of Policy

and Plans Division had the knowledge and competence needed to be counted as an expert

interviewee. All interviews except for those in Makati Youth Home were recorded and

transcribed.

V. Presentation of Findings

Rights of the Child in Conflict with the Law affected

Among the stated rights of children in conflict with the law according to the

Juvenile Justice Welfare Act and the United Nations Minimum Rules for the

Administration of Juvenile Justice are the following:

1. Right not to be subjected to torture, or other cruel, inhuman or degrading treatment

or punishment;

2. The right not to be deprived, unlawfully or arbitrarily, of his/liberty; detention or

imprisonment being a disposition of last resort, and which shall be the shortest

appropriate time;

3. The right to be treated with humanity and respect and in a manner which takes into

account the needs of a person of his/her age. A child deprived of liberty shall be

separated from adult offenders at all times;

4. The right to prompt access to legal access to legal and other appropriate assistance.

The CICLs interviewed stated that not all of them were informed of their rights, some

were subject to abuses by being detained and some were victims of delayed processes. On

another note, however, the diversion and rehabilitation programs have affected these

children positively with hopes of applying what they’ve learned outside of their sentence.

Stated below are the common gaps and limitations as stated by the various respondents.

These are the main issues at hand seen in the local, regional and secretariat (JJWC) levels.

Increase in protocol awareness and application of the law among the duty bearers

“Lack of coordination with the police. Not enough resources in training under local

government.” – Social worker, Angeles City

The first stage of contact would be at the barangay or community level. These

children would then be brought to the police station where their statements will be taken.

The children interviewed were usually made aware of their rights by the attorneys

themselves and not immediately from the police. One of the CICLs of Makati Youth Home

was accidentally put in Taguig City Jail with adults prior to being put in the home on the

presumption that he was not a minor (although he stated that he was and that the police

were just forcing him to admit the wrongful act committed). Similar situations were

witnessed by social workers in Angeles and more so by social workers in RRCY upon

accepting CICLs who were detained in city jails prior. “Pero siguro dahil sa kakulangan

sa kaalaman, hindi nila kabisado ung mga provision ng batas na iyon.” Upon reaching the

arraignment or court stages, judges, who are more informed of the law, correct the mistake

done by the duty bearers in the initial stages of the judicial process.

Police turnover is every three years or just even months for some. This puts social

workers and policy implementers at a disadvantage as they have to guide educational

discussions every so often. By the time they become well versed with the processes, the

people knowledgeable of these laws change without proper transition and then the cycle

continues.

Increase in human resources

The ideal ratio for optimum care and efficiency of social workers to CICLs in a

youth home is 1:15. This number has usually increased to 1:30-40 in the experiences of the

social workers interviewed. As Ms. Lourdes Aclain, Chief of Plans and Policy Division of

JJWC stated, “Then again, you don’t have the people but you have the children who already

need the services.” To open plantilia positions, one must have funding. Prioritization of

funding for certain laws depends on the executive implementing body at the time. It is well-

advised for LGUs to lobby with the Department of Budget and Management (DBM).

No tolerance policy on CICL abuse

From experiences by Ms. Analyn Favilla, social worker in JJWC and Sir. Jeff,

social worker from Makati Youth Home, CICLs taken into custody in Metro Manila go

through the appropriate judicial procedures. There will be rare cases of CICLs sharing

detention centers with adults but these are usually rectified as soon as possible (at least a

day after being arrested). In RRCY, however, majority of the CICLs were placed in city

jails prior to being given a court order to enter the facility. CICLs experienced physical

abuse and at times extreme violence from the police upon their arrest. They were not made

aware of their rights until they reached the center. The social workers are then the ones

who explain to them their rights as children. Police would turn a blind eye to the claim of

these children when the latter would state that they are minors. They remained in city jails

(Angeles City Jail, City Hall of San Fernando, Balanga City Jail) for at least five (5) days

to at most one (1) month. Upon arrest of the CICL, they are supposedly given 8 hours to

collect the needed information before releasing them to their parents or to DSWD.

Appropriation of funds

Three out of five respondents in the Regional Rehabilitation Center for The Youth

were placed in jails or detention centers upon waiting for the court order to be put in the

home (as RRCY does not accept those without court orders). The reason for this is that

there aren’t enough youth homes or facilities that can hold CICLs while waiting for court

orders. Social workers in Angeles, Pampanga have witnessed minors becoming victims

due to the delayed procedures while waiting for the resolution of the cases. They lack

funding and manpower and do not have a youth home designed under Bahay Pagasa

(Region 3). NCR, on the other hand, has 34 Bahay Pagasas present. The JJWC acts as as

the overseeing body. The secretariat aims to reach regions like this this year and in the next

few years.

Status of CICLs in youth homes

The perception of CICLs of youth homes depends on the background they had prior

to being transferred to the youth home. Most of the children are wary and scared of the

youth home prior to entering if they were originally placed in city jails. Those who were

treated appropriately or were placed in a center among children, were more positive about

the idea of youth homes. Both MYH and RRCY had continuous and scheduled programs

to keep the CICLs moving and busy. These programs included sports, Alternative Learning

School (ALS), agriculture and the like. Feelings of sadness and impatience cannot be

helped by the children as they await the decisions of their trials. Upon entering the youth

homes, their insights and perceptions of right and wrong have changed. Diversion

programs clearly help the children. The maximum age for the category of CICLs is 18.

There are instances in MYH of children that remain until they are 21 or in RRCY until they

are 23. The reasoning behind this is so that the progress that they’ve attained while being

in the youth home will not be altered or have a drastic traumatizing effect should they be

placed in an adult correctional facility such as Bilibid. “Hindi sila ipapadala sa Bilibid.

Hanggang 21 pwede sila dun. Pag 21, dapat ididismiss o magseserve ng sentence pero

kasi yung ibang judges, nakikita nila yung progress ng bata. Halimbawa, one year na lang.

Ayaw nila ipaserve sa Bilibid.”

Prioritization in Court Hearings

Delays in procedures from the experiences of the CICLs include, changing of

judges, rescheduling of hearings (and for some, no rescheduled date as of time of

interview), and non-appearance of complainant. Due to the increasing number of CICL

cases and a certain number of available social workers, PAOs, courts among others to

handle cases in the area, prioritization had to be applied. Due to the lack of human

resources, delays in proceedings were unavoidable to be able to cater to all cases efficiently

and properly. In spite of unavoidable delay, social workers still strive to hasten the process

for the CICLs, depending on the degree of the offense. Some remain in the youth home

longer for purposes of diversion and rehabilitation and not due to procedural delay.

Objectives Questions Primary Respondents: CICL

Questions KII: Social Workers

To identify the gaps and limitations in the different stages of judicial contact

How were you educated on your rights? What are your experiences with the different duty bearers? How did you feel about sharing a cell with an adult? What are the issues that you experience upon waiting for the resolution of your case?

The first stage of contact would be at the barangay or community level. These children would then be brought to the police station where their statements will be taken. The children interviewed were usually made aware of their rights by the Attorneys themselves and not

What are the issues that you experience in protecting the rights of the children?

a. How has the inter-agency provision aided?

b. What is lacking in the juvenile justice system?

c. How can we improve on what is lacking?

Social workers in Angeles, Pampanga have witnessed minors becoming victims due to the delayed procedures while waiting for the resolution of the cases. They lack funding and manpower and do not have a youth home designed under Bahay Pagasa. Coordination with duty

How long do these procedures take and how do you feel about the length it takes for these procedures to be processed?

What is your experience in a family court?

immediately from the police. One of the CICLs was accidentally put in a detention center with adults on the presumption that he was not a minor (although he stated that he was and that the police were just forcing him to admit the wrongful act committed). Their experience with the different duty bearers varied. More fear was projected toward police officers and more trust was projected towards social workers. As much as possible, they were not treated as CICLs (to not make

bearers can be a problem and rules and procedures (although expected to be uniform) tend to be different in different regions and offices. The implementation of the laws is what is needed and this can be done through educational and situational awareness among all duty bearers. Issues in procedures usually stem from the barangay and police levels. More courts are needed in Angeles to be able to more efficiently attend to the number of CICL cases.

them feel like criminals). One of the issues faced by the CICLs upon awaiting their trial was postponement due to the absence of the complainant, judge or prosecutor. The CICLs would only see their Attorneys in the family court itself. It was noted by one CICL that it would be better if there were regular visits by the Attorney to the youth home to better understand their situation.

To study the situation of CICLs in detention centers and the juvenile justice system in correlation to their

What are the current living conditions?

How are you reprimanded in the center?

In Makati Youth Home, the CICLs are well provided for and well taken cared off. Although they are a

What are the current issues that affect the cognitive and emotional mindset of the child?

How is their relationship with

Issues mostly stem from awaiting the resolution of their trial. Such feelings include depression, boredom,

cognitive thinking and emotional mindset

What activities or programs are you able to do in the center? How do these help you psychologically?

little above the maximum number of residents, 41, it is still comfortable for the CICLs. The CICLs are taught discipline and in time, they stated that they saw the value of it. They are able to discern right from wrong. As provided in the Juvenile Justice Welfare Act, there should be programs that would aid in the diversion of CICLs. Such include ALS or Alternative Learning School, exercise programs, bible study, livelihood etc. These have aided in passing the time, in

the different duty bearers?

What programs are available in the youth home/rehabilitation center while waiting for the ruling of the court? How effective are they?

sometimes anger etc. The CICLs feel more anger/fear toward police officers but find solace in social workers. Programs include Alternative Learning System (ALS), individual counseling, play therapy in coordination with other disciplines (Angeles)

educating them and as well as guiding the children to understanding right from wrong. In Regional Rehabilitation Center for Youth, there are 88 CICLs for a residence made for 70. As with MYH, there are social workers, psychologists, and house parents. They have ALS and have agriculture as livelihood. A higher trust was observed with the barriers around the vicinity being very low.

To study the challenges and effective measures in the implementation of RA 9344, RA 10630 and its IRRs (focusing on

What are your experiences along with challenges with the current policies or rules implemented?

How has the inter-agency provision aided in

Other agencies work hand-in-hand in making sure that no child is detained in jail centers. There is constant checking, updating and

center-based intervention, it’s mechanisms for safeguarding the rights of children)

implementing the Republic Acts?

reporting among the different agencies.

To stress the importance of early release

How effective are early release programs?

Minors can only be held for processing for 8 hours. Beyond that, they should be released. There are some cases wherein that is not possible due to the number of CICL cases handed to social workers at a time. All agencies strive for early release in behalf of the child but admittedly there are situations beyond their control (courts, prosecutors etc).

Summary of Findings The issues that affect the rights of the Children in Conflict with the Law to due

process starts among the duty bearers. It produces a snowball effect in hearing the cases of

the children. Beginning with the barangay or police level, children are already questioned

more than the 8-hour maximum holding or are put in city jails. Degrees vary however for

Metro Manila and for Region 3. The Juvenile Justice Welfare Act is as comprehensive and

as well written as it can ever be. Proper implementation and monitoring are the only actions

necessary towards this Republic Act. It has yet to be fully implemented and monitored

among all the regions. Despite having a Juvenile Justice Welfare Council, there is a need

for a secretariat in all regions. Currently, there are Regional Juvenile Justice Welfare

Councils but are not yet established in every region. At the arraignment or court level, there

are instances wherein hearings are moved due to absence of judges, rescheduling for

overload of cases, or for other reasons unknown by the CICL themselves. This affects the

rights of the CICLs as they become victims of the judicial institution. Programs made in

the youth centers provide rehabilitation and distractions for the children. These children

find use and purpose for most programs as they feel that they may use these skills and

learnings upon release.

Limitations of the Study The purpose of this study is to provide the perceptions of CICLs and duty bearers

on the current conditions of the implementation of the Juvenile Justice Welfare Act.

Although the researcher was able to gather information from a government body and

centers at a local and regional level, it may not apply to all centers given the small sample.

As the study only focused on two youth centers/youth homes, it would have been

better to have had interviews from at least four youth homes in Metro Manila and possibly

3 in other regions for better comparison. The researcher was only able to interview social

workers and those in the Juvenile Justice Welfare Council. Although the researcher was

not given a response, it would be advised to interview police enforcers as well as they are

the usual bottlenecks from the perceptions of the CICLs.

VI. Conclusion

We return to the main questions of this research: Why do detention and delayed

processes in the juvenile justice system still persist despite its strengthening through RA

10630? And how do these persisting problems affect the protection of child’s rights?

The juvenile justice system is a complex one and it affects the delicate mindset of the

youth. It is an institution that comprises of many stakeholders – duty bearers, families and

the children in conflict with the youth. As with any passed law, implementation is usually

the main bottleneck. Awareness among the duty bearers should be of utmost importance

especially those in the front line such as barangay officials and police officials.

Recommendations at Pre-trial level

Upon custody of the CICL, appropriate measures must be done for early release as

this is a right of a juvenile. Awareness and educational discussions must constantly be done

for the benefit and safety of the child. According to the experiences of social workers, most

of them are well learnt but of course there can be inconsistencies at times regarding

implementation with the revisions applied in the different regions. If sentencing and trial

could be prevented at this stage by assisting to the child right away, it would limit the time

needed for the child to be in a youth home. Increasing the number of social workers and

other plantilia positions would greatly hasten the filing and assessment at this stage.

Funding would then be needed for the supply of these positions.

Recommendations on Trial/Judicial Procedures

Court hearings and trials are in the hands of the stakeholders in the courts. Increase

in manpower and efficiency in case management should be the main focus. Hearings

should have a no or low tolerance policy on rescheduling as this affects the mindset of the

children. The children interviewed would start to feel hopeless with the flow of the

proceedings. One stated that the longer one stays in the youth home, the longer the next

trial settings would be. It affects them holistically as witnessed by the researcher upon

asking their perceptions of the flow of the judicial processes in the juvenile justice system.

Emotions were at a low when the children were interviewed.

Recommendations on Policy Implementation

Continuous monitoring and assessment should be done by the different agencies.

Quality information dissemination on how to handle CICL cases should be addressed at

every level of the judicial system. A centralized information system would greatly help aid

social workers, police officers and other duty bearers in handling CICL cases. It was

suggested by JJWC that there should be both software and hardware systems. Currently, it

is in procurement phase. “Policy and programs developed at this level, both the local and

regional level will be founded on this up to date information tungkol sa sector na siniserve

natin.” This would put an ease policy awareness during turnovers of officials or of other

duty bearers.

Appendix

Consent Forms

For Key Informants/Expert Interviewees:

University of the Philippines Manila College of Arts and Sciences

Department of Social Sciences – Political Science Program Dear_______________________________, Good day! I am Erika Sophia T. Acampado, a 4th year BA Political Science student from the University of the Philippines Manila. It is one of our degree program’s requirements that we conduct a thesis, through Political Science 198 (Special Problems in Political Science). My Research study is entitled “Through the Eyes of the Youth: Children in Conflict with the Law and the Juvenile Justice System” and this aims to find out pressing issues in the juvenile justice system and the CICL’s perception of the institution. The perceptions of social workers and lawyers are also needed as they are most aware of the situation from a legal and institutional point of view. Specific goals of this research study include identifying the persisting issues in the juvenile justice system and how they affect the protection of child’s rights. This research study, once completed, may contribute to society’s awareness on the current laws implemented and that status of the well-being of CICLs. In line with this, I would like to ask you to be an interviewee for my Key Informant Interviews. I believe that you have the expertise in addressing the goals of the study. All information taken will be solely for the academic purposes of this study. Your participation in this study will be of great help in finding out the perspective of social workers and how you address the cases and issues involving CICLs. If you have any questions about this research study, you may contact me at 09175933782 or acampadoerika@gmail.com.

Erika Sophia T. Acampado BA Political Science - University of the Philippines Manila

I am indicating that I am giving my consent to participate in the study, “Through the Eyes of the Youth: Children in Conflict with the Law and the Juvenile Justice System”. I am giving permission to the researcher to use the information that will be shared during this interview. ____________________________________ Signature above Printed Name ____________________________________ Date

For Primary Respondents:

University of the Philippines Manila College of Arts and Sciences

Department of Social Sciences – Political Science Program Dear_______________________________, Magandang araw! Ako si Erika Sophia T. Acampado, ikaapat na taong mag-aaral ng kursong Political Science galing sa Unibersidad ng Pilipinas Manila. Isa sa mga kinakailangan naming para sa graduwasyon ay gumawa ng isang thesis sa aming klase sa Political Science 198 (Espesyal na Problema sa Political Science). Ang aking pananaliksik ay tungkol sa pang-unawa ng mga CICL sa juvenile justice system. Nais kong aralin ang mga patuloy na isyu sa juvenile justice system at kung paano sila nakakaapekto sa proteksyon ng karapatan ng mga bata. Nais ko po sanang hingin ang inyong permiso upang kayo ay maging aking respondent sa gagawing pag-aaral. Ang inyong pag pagpayag ay lubos na makakatulong sa pagpapalawig sa pag-aaral at upang maipaliwanag ang patuloy-tuloy na isyu sa sistema. Mananatiling kompidensyal ang inyong pangalan at ang mga kasagutan o detalye na inyong ibibigay ay gagamitin lamang para sa akademiyong layunin.

Erika Sophia T. Acampado BA Political Science - University of the Philippines Manila

Ako po ay pumapayag na maging respondent sa pag-aaral tungkol sa pang-unawa sa juvenile justice system ____________________________________ Pangalan at lagda ____________________________________ Petsa

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