CHAPTER II

REVIEW OF LITERATURE

This chapter presents the conceptual literature and research

literature, its synthesis, the conceptual frameworks and definition of terms.

Conceptual Literature

The following are the conceptual literaturesthat provide useful insights

which can be helpfulin the conceptualization of this study. In particular, the

following are the topics discussed under the conceptual literature: children in

conflict with the law (CICL); juvenile justice system and police services; and

promoting awareness in handling CICL.

Children in Conflict with the Law (CICL). A child in a conflict with the

law is a person who at the time of commission of the offense is below eighteen

(18) years old but not less than fifteen (15) years and one (1) day old. Their rights

are respected by the courts, law enforcers and social agencies. To divert from

formal justice system, those children in conflict with the law are given alternative

programs and rehabilitation in conformity to the principles of balance justice.

Rehabilitation are built to provide care and protection both in physical or mental

development of the child. And also to promote, facilitate and implement in

administrative and judicial proceedings respect for the views of the child.

Diversion of the child in conflict with the law is to promote and protect the rights

and interest of child as zones of peace in situations of armed conflicts, but who are

alleged to be in conflict with the law (R.A. No. 9344, 2006).

 2

Instead of using the word “juvenile”, Philippine laws made use of the word

“child”. As defined in R.A. No. 9344, “Child” is a person under the age of

eighteen (18) years. While “Child at Risk” refers to a child who is vulnerable to

and at the risk of committing criminal offences because of personal, family and

social circumstances. Some of the examples mentioned in the law are: being

abandoned or neglected, and living in a community with a high level of criminality

or drug abuse. “Child in Conflict with the Law” or CICL on the other hand refers

to a child who is alleged as, accused of, or adjudged as, having committed an

offence under Philippine laws. A child can commit an act or omission whether

punishable under special laws or the amended Revised Penal Code which is

referred to as an “Offence”. Under Republic Act 10630, offences which only apply

to a child and not to adults are called “Status Offences”. These shall not be

considered as offences and shall not be punished if committed by a child.

Examples of status offences include curfew violations, truancy, parental

disobedience and the like (Sanchez, 2016).

Accordingly, Articles 37 and 40 of the Convention on the Rights of the

Child (1989), children in conflict with the law have the right to treatment that

promotes their sense of dignity and worth, takes into account their age and aims at

their reintegration into society. Also, placing children in conflict with the law in a

closed facility should be a measure of last resort, to be avoided whenever possible.

The convention prohibits the imposition of the death penalty and sentences of life

imprisonment for offences committed by persons under the age of 18.

 3

In the area of juvenile justice, UNICEF aims to reduce incarceration while

protecting children from violence, abuse and exploitation. It promotes

rehabilitation that involves families and communities as a safer, more appropriate

and effective approach than punitive measures. Justice systems designed for adults

often lack the capacity to adequately address these issues and are more likely to

harm than improve a child’s chances for reintegration into society. For all these

reasons, UNICEF strongly advocates diversion (directing children away from

judicial proceedings and towards community solutions), restorative justice

(promoting reconciliation, restitution and responsibility through the involvement

of the child, family members, victims and communities), and alternatives to

custodial sentencing like counseling, probation and community service (UNICEF,

2006).

All children in conflict with the law in the Philippines are afforded

appropriate protection measures as provided for by the United Nations Convention

on the Rights of Children (UN CRC) and other relevant international instruments

on juvenile justice that will promote their dignity and worth as persons and

become active participants of social change. Major gaps and abuses that occur in

the administration of justice to CICL were identified and corresponding analysis

and recommendations were formulated. It also gave emphasis on the protection

measures given to children in conflict with the law through diversion at the

different levels of the criminal justice system. Diversion is an essential component

 4

of children justice, with the purpose of preventing and minimizing the children’s

entry into the criminal justice system (Baniaga, 2004).

Poverty as a person could be languishing in jail in perpetuity: It has been

blamed for many social ills. One such ills is why many children commit crimes.

However, the real challenge, according to advocates and pundits, lies in the failure

of the State to properly deal with the so-called children in conflict with the law

(CICL). Such failure, it has been said, deprives children of the opportunity to

better their lives or, at the least, enjoy their childhood.

Based on data provided by the Juvenile Justice Welfare Council (JJWC),

there were at least 11,000 CICL in 2009. The government’s media agency has

reported that, prior to the enactment of the Juvenile Justice and Welfare Act of

2006, “more than 52,000 Filipino children are in detention or under custodial

setting.”“They suffer from all kinds of abuses, and some were meted out with

capital punishment,” the Philippine Information Agency (PIA) said in a report on

the 10th anniversary of the JJWC in May. The prevalence of juvenile delinquency

is primarily due to poverty, according to the Philippine National Police (PNP)

considering that theft is the common offense committed by children (San Juan &

Mayuga, 2016).

Juvenile Justice System and Police Services. Police are the first line of

defense against crime. At their work, the police have to constantly bear in mind

though child in conflict with the law should be handled in different manner from

the adult offender. Most child offenders are immature boys and girls lacking in
 5

judgment, who need understanding and guidance rather than punishments. In

handling the child offenders, it can produce circumstances in many police works.

It can also bear a fruitful knowledge that adds efficiency to a police officer. They

may experience a tension between their desire to perform what they consider their

primary duty, law enforcement, and the need to aid in the rehabilitation of the

child offenders. Police officers action in cases involving adults are usually

controlled by the law and their own judgment or discretion.

In contrast, a case involving child offender often demands that the officer

considers the best interest of the child and how the officer’s action will influence

the child’s best future well-being. It will also influence the behaviour of child in

conflict with the law depending on the procedures conducted by the police officers

and the manner on how they handle them. Children have sensitive attitudes that

can be affected when it comes on dealing with other people. This is one of the

police problems in processing up the child offenders. Police personnel is a well

defined citizen of this country that is why they should have a proper knowledge in

handling offenders especially the juveniles (Alviola & Canaman, 2012,p.83)

On the other hand, the CICLs tried to deal with Juvenile Justice System to

be rehabilitated. It is stated that police service is as old as organized society.

Warfare has always been a part of man’s social history. Police personnel are the

warriors to carry out the task of war, and their duty s for the protection of town,

city, mankind, community, economics, properties and especially the youth and the

child. One of the issues in policing is police discretion especially on conducting an

 6

attempt to arrest a child offender. And the police knowledge should be applied

from the time a child offender is arrested until they are rehabilitated. They may

end up as an effective agent of the law or simply labelled as incompetent or

ignorant (Manwong & Foronda, 2008, p.38).

Once a police personnel is employed, it means that he is referring to the

utilization of unit or elements of PNP for purpose of protection of lives and

properties, enforcement of laws, maintenance of peace and order, prevention of

crime, arrest of criminal offender and bringing the accused to justice, and also they

are responsible for the rehabilitation of child and youth offenders. They should

form relationships that exist between the child and to the organization to ensure

the rights, safety and protection of the CICL.

Police who works with juvenile offenders usually have skills and talent that

go beyond those generally associated with police work. Police departments with

very few officers have little need for internal division with special functions. Most

small departments make one officer responsible for handling juvenile matters for

the entire community. A large proportion of justice agencies have written policy

directives for handling juvenile offenders. However, in both large and small

departments, officers assigned to work with juveniles will not necessarily be the

only ones involved in handling child offenses. When a police personnel encounter

a child committing a crime, they are responsible for dealing with the problem

initially; they generally refer the case to the juvenile unit or to a juvenile police

officer for follow up (Guevara, 2008).

 7

Police officers are usually the first contact that young people have with the

juvenile justice system. And yet in many communities, law enforcement leaders

have not been part of the discussion on juvenile justice reform and the

development of policies and practices addressing youth. Sometimes it is because

they may not see their agency as part of the juvenile justice system. However, it is

often because others in the community working with young people schools,

service providers, legal professionals and others have not embraced their

involvement. The need for juvenile justice reform is gaining widespread visibility

as increased attention is directed at the high costs and low efficacy of youth

incarceration and the ways public safety can be maintained while addressing youth

in developmentally appropriate ways (Bahney, et al.,,2014).

The Juvenile Justice System tries to deal with and rehabilitate child

offenders who become involved in delinquency. There are different method in

handling the child in conflict with the law that deals with the reformation of the

child. They may be placed in the community for probation. And if the child is said

to be injurious or harmful to other individual, he may be place under the

supervision of an officer. The officer should be aware in handling the child during

their rehabilitation in order to have a good and productive outcome on child’s

reformation. In some instances, the child can also be place on officers supervision

if the victim is not compensated by the offender through direct payment or other

form of work or services (Bautista & Guevara, 2008).

 8

Children should not be placed in detention unless there is a substantial

reason to doubt their safety and their ability to appear for court hearing. A

detention home should be provided to keep the safety and for the child offender’s

protection. This should be made to provide temporary rehabilitation care and

safekeeping for children who come under the jurisdiction of the juvenile court

pending the disposition of their cases. If the children would feel that they are safe

in the center they would refused from running away. This facility should safeguard

their health, dignity guaranteed, welfare promoted, and development ensured.

Appropriate and effective services may not be available, it may not be possible to

match youth’s needs to the services that are available (Nunez, 2004).

Raising a child is not an easy job. It is a full time job that requires a great

deal of attention, and offering that no guarantee that a child would grow as one of

the productive citizen of his community. Children have no idea and ability to

understand that lying, stealing, cheating, and hurting others are the wrongful acts.

Observation and proper care should always be present in raising a child. The

development of his or her body should be equal on the development of his mind

and his mental ability. Children learn from their surrounding by means of

observing other people around him. Parents should be more delicate on handling

them. A child should grow in a proper welfare (Wicklife, 2014).

Most legal system prescribed specific procedures in dealing with juveniles,

such as juvenile detention centers and courts. Depending on the type and severity

of the offense committed, it is possible to a person under 18 to be charged and

 9

tried as adults. In recent years, a higher proportion of youth have experienced

arrest by their early 20s than in the past, although some scholars have concluded

this may reflect more aggressive criminal justice and zero tolerance policies rather

than changes in youth behavior (Goode, 2011).

Juvenile delinquency prevention refers to the efforts aimed at preventing

children or minors from committing delinquent acts, anti-social behavior, and

ultimately, from getting involved in illegal and criminal activities at young age. It

refers to intervening in young people’s lives prior to their engaging in delinquency

acts.

However, history has proven that the prevention of delinquency is not an easy

task. It is a fact that juvenile delinquency is a problem that has existed and has

continued to exist despite all efforts made by the government of the different

countries across the globe. Even the riches countries with sufficient government’s

finds to use the implementation of their programs and policies could not totally

eliminate it (Siegel and Senna, 2007).

Promoting Awareness in Handling CICL. In 2006, the Philippines

adopted the Juvenile Justice Welfare Act (RA 9344). RA 9344 and its amendment,

RA 10630, established as comprehensive juvenile justice and welfare system in

the country. In 2014, UNICEF commissioned an independent evaluation to assess

how the center-based rehabilitation programs and diversion programs contribute to

the overall objectives of juvenile justice and welfare administration in the

Philippines.
 10

Two considerable evidences show that most programs provide an enabling

environment for the rehabilitation and reintegration of CICL. Most CICL are able

to continue their formal education schooling through the programs in which they

participate. Some CICL are able to attend vocational training programs. Interviews

with parents and children confirm changes in the behavior of the CICL in the

programs. Several factors are identified as negatively affecting the rehabilitation

and reintegration of CICL in a significant way, which can turn into facilitating

factors if handled properly. They include: 1) the delayed court proceedings, 2) the

insufficient capacity of juvenile justice actors, e.g. social workers, police,

prosecutors, and judges, and 3) the weak commitment from the LGU, which has

significantly affected the implementation of programs for CICL at the local level

(Pineda, 2019).

With Congress pushing for a lower minimum age of criminal responsibility,

all eyes are now on children in conflict with the law (CICL). But while they may

be portrayed as criminals increasing in number, they are like any other children,

just learning about their lives, dreams, and hopes. The House already passed a

bill seeking to lower the age of criminal liability from the current 15 years old to

12 – higher than the 9 years of age that the committee approved. The bill is still

pending at the Senate but has a chance of approval when Congress resumes in

May after the 2019 elections. Critics strongly oppose this, saying there is no

scientific evidence that a lower age of criminal responsibility will lead to less

crimes. Instead of running after kids, the government should fully implement the
 11

Juvenile Justice Act of 2006, which was later amended and strengthened in 2013

(Elemia, 2019).

Prior to this law, children were locked up in jails together with adults even

for petty offenses. They were vulnerable to abuse during arrest and detention. An

average of 10,515 children were arrested every year, the Department of Social

Welfare and Development reported in 2014. In 2012, RA 10630 was passed to

amend the previous law. The new legislation allows children as young as 12 years

old to be held criminally liable for serious crimes such as rape and murder, among

others. The law also mandates that local government units establish “houses of

hope” or Bahay Pag-asa to offer rehabilitation, diversion, and intervention

(Elemia, 2016a).

In 2010, the Yakap-Bata Holding Center was established even before LGUs

were mandated to manage youth homes. But 4 years since RA 10630 was enacted

into law, CICL in Caloocan are made to stay in a center reeking with foul odor,

swallowed by cramped spaces and iron bars. A city hall worker, who refused to be

named, said the condition inside the center is “not conducive” to children’s

development and is “not child-friendly.” The department has restricted access to

the center, the employee said, especially after the media wrote about conditions.

The center is located on the 3rd floor of the building in the city hall compound.

The second level is where local residents can obtain marriage licenses, among

others (Elemia, 2016b).

 12

Not all cities or municipalities have their own special facility for youth

offenders. Quezon City, which is one of the most progressive cities in the

Philippines, has its Molave Youth Home for youth offenders. The facility is

located at the Social Services Development Department (SSDD) building behind

the City Hall. Molave provides temporary custody and care to youth offenders

between 9 and 17 while undergoing trial. A 2005 Gawad Galing Pook awards for

pioneering work in the rehabilitation of youth offenders, as well as their

reintegration to society, Molave is being run and managed by the city’s SSDD. At

Molave, youth offenders get the chance to make the most of their life while

waiting for the judge’s verdict (San Juan & Mayuga, 2016).

A child in conflict with the law taken into custody shall now be searched by

a law enforcement officer only of the same gender and shall not be locked up in a

detention cell. Instead, immediately and not later than eight (8) hours after

apprehension, the CICL shall be turned over to the Social Welfare and

Development Office or other accredited non-government organizations, and the

child’s parents/guardians and Public Attorney’s Office shall be notified of such

apprehension.

Upon taking of the CICL into custody, the social welfare worker assigned

should conduct an initial assessment to determine whether to place the CICL under

community-based intervention or diversion, depending on the circumstances of the

case, and prepare an Intake Report (containing the personal and other
 13

circumstances of the CICL), which should be submitted to the court prior to

arraignment in the event that a case is to be filed in court.

If diversion is appropriate, the Diversion Committee shall formulate a

diversion program for the CICL depending on various factors such as the

availability of community-based programs for rehabilitation and the past records

of the child. Diversion will include adequate socio-cultural and psychological

responses and services for the child and address the satisfaction of the civil

liability of the child, without prejudice to the liability of the parents for damages.

To avoid liability for damages, the CICL’s parents may prove to the satisfaction of

the court that they exercised reasonable supervision over the child at the time of

commission of offense and reasonable effort and utmost diligence to prevent or

discourage the child from committing another offense (Supreme Court, 2019).

In relation to this, when the DSWD through their personnel and social

workers work with children, they need to ensure that their rights are respected and

their best welfare given paramount consideration. This applies even to children in

conflict with the law (CICL) especially because they look at them not as offenders

but as individuals who need special protection and assistance. For this reason, they

shifted from retributive to restorative justice in handling CICL.

Restorative justice holds the offender accountable for the harm caused by

the offense committed. It repairs severed relationships to the extent possible with

the maximum participation of the victim and the community as it enables the

CICL to become a better person. It gives emphasis on the just reparation of the
 14

damage rather than on punishment especially through imprisonment. To apply the

principle of restorative justice, Sec. 22.b of Republic Act 9344 or the Juvenile

Justice and Welfare Act of 2006 mandates the conduct of diversion in the case of a

CICL above 15 but below 18 years old and was assessed to have acted with

discernment. Diversion is a child-appropriate process of determining the

responsibility and treatment of a CICL with consideration to his/her needs and

circumstances without resorting to formal court proceedings (DSWD, 2008).

Research Literature

This scholarly work likewise presented studies that are related to the

present study. The past studies were gathered in order to elaborate further on the

concept and modes of handling Children in Conflict with the Law (CICL).

As clearly posited by Tiale (2013) in his study entitled, “Understanding and

Giving Support to Children in Conflict with the Law: A Socio-ecological

Perspective,” many children in conflict with the law are not receiving the relevant

education and services to which they are entitled. Convention on the Rights of the

Child, proclaim that the convicted child’s needs of persons of their age, like the

right to appropriate education must be addressed as a matter of urgency. The aim

of this study was to develop socio-ecological framework in understanding and

giving support to children in conflict with the law. Bronfenbrenner‟s ecological

model was used as a conceptual framework. Qualitative research design and

phenomenology as a mode of enquiry were employed in this study. Interpretivism

was used a philosophical paradigm. Population was learners, between ages of

 15

eleven and seventeen, from three correctional facilities. Purposive sampling was

used as a method of sample selection.

The findings in this study indicated that the children in conflict with the law

resented the teachers showing signs of being judgmental, for failing to

acknowledge their efforts and for being unresponsive to their needs. Initial desires

to succeed in the classroom were replaced by frustration, anger, hopelessness and

disappointment following failure. Many of their acting out behaviors were an

expression of this anger and disappointment.

According to the study of Spruit et al., (2016) entitled, “Filipino Children in

Conflict with the Law The Care Of Filipino CICL in Residential Facilities

Evaluated Using the Risk-Need-Responsivity Model,” the risk-needs-responsivity

model of offender assessment and rehabilitation, treatment should target specific

factors that are related to re-offending. This study evaluates the residential care of

Filipino children in conflict with the law (CICL) using the risk-needs responsivity

model. Risk analyses and criminogenic needs assessments (parenting style,

aggression, relationship with peers, affective empathy, and moral development)

have been conducted at 55 CICL (N = 55) in four residential facilities. The

psychological care has been assessed using a checklist. Statistical analyses showed

that CICL had a high risk of reoffending, high aggression, difficulties with making

pro-social friends, and a delayed socio-moral development. The psychological

programs in the residential facilities were poor, however, conditions were better in

non-governmental facilities. The care in the facilities fitted poorly with the
 16

characteristics of the CICL, and didn't comply with the risk-needs responsivity

model. Implications for theory and practice are discussed.

In the study of Baes and Limbo (2015) entitled, “Family Characteristics of

Juvenile Delinquents in selected Barangay in Batangas City,” the researchers

discussed the family characteristics on juvenile delinquency. They found that the

majority of the person who commits crimes like physical injury is 14 years old.

They describe the family of the respondents as nuclear, both father and mother,

unemployed and mostly elementary graduates who often argue with each other.

This aspect mostly contributes to the formation of juvenile delinquency in the

community. And these family characteristics can also be one of the reasons that

gives problems to the police process in handling the child offenders. The

formation of the child’s physical, mental, spiritual and social development should

always start at home to prevent the existence of delinquency in their community.

More so, the study of Abella (2016) entitled, “Extent of the Factors

Influencing the Delinquent Acts among Children in Conflict with the Law,”

determined the extent of the influence of several factors in the commission of

delinquent acts among children in conflict with the law. This study was conducted

at People Recovery Empowerment Authority (PREDA) a non-government agency

which care for children in conflict with the law. A descriptive research was

utilized to gather information regarding the profile of the children and their family

background. A total of 27 respondents were utilized to assess how the internal

factors (parental relationship, sibling relationship and home environment) and the
 17

external factors (environment outside home, peer pressure, and community rules)

influence the respondents to commit delinquent acts.

This study found out that the external factors which include

the environment outside home, peer pressure and community rule all has been

found to a great extent of influence in the lives of children in conflict with the law.

This study further holds that there has been a strong positive relationship with the

internal factors and the external factors (r=0.646) identified which thereby

influenced the respondents to commit delinquent acts.

In the study of De Castro and Samson (2013) entitled, “Challenges in the

Implementation of RA 9344 in Batangas City,” the researchers primarily focused

on the challenges in implementing the RA.9344. It stated that the government

should address and facilitate the RA.9344 (Juvenile welfare Act of 2006) by

giving funds in making facilities and shelters or detention homes for juvenile. The

local government unit should strengthen the implementation of the RA.9344 in

their area such as their municipalities in order to have a realization of the aims of

the special law. The local government units or municipalities should initiate the

implementation in their barangays and municipal council.

On the other hand, the study of Godilo, Harina and Rosales (2016) entitled,

“Attitude of CICL towards the rehabilitation as perceived by selected City and

Municipal Social Welfare and Development,”deals with attitude of children in

conflict with the law (CICL) towards the rehabilitation program as perceived by

selected city and municipal social welfare and development office. It includes the
 18

profile of the respondents as to age, sex, civil status, educational attainment, and

length of service. The researchers believe that as future law enforcers they will be

handling cases involving children in the future. The researcher employed design

quantitative method of research in conducting the study and primary data was

gathered with the use of a self-constructed questionnaire. The study used quota

sampling for their respondents.

The findings revealed that most of the that most of the respondents are 26

to 30 years of age, female of the social workers the who have been in service for

one (1) to five (5) years in services: according to the selected MSWDOs and

CSWDO programs provided by their social workers for the CICL are being

implemented in their office: social workers sometimes observed the attitude of

CICL towards the rehabilitation programs in terms of attendance to activities and

cognitive strategies. While, they always observed the attitude of CICL towards the

rehabilitation programs in terms of fulfillment to rehabilitation programs: the

answers given by the social workers on the perception on the attitude of CICL

towards the rehabilitation programs when grouped according to profile variables

have no significant difference. At the end, an extension service activity may be

proposed to promote cooperation among CICL on the rehabilitation programs

provided to them.

Meanwhile, the study of Gonzales & Punzalan (2017) determined the

effectiveness of the rehabilitation program for children in conflict with the law as

perceived by the CSWDO personnel. This involves the rehabilitation programs

 19

offered by the social workers in handling the children in conflict with the law. The

researchers used a descriptive method of research with a self-constructed

questionnaire, which was used in gathering primary and secondary data. The

respondents were 32 CSWDO personnel in the three cities of Batangas.

After the treatment, analysis and interpretation of data, the study yielded

these findings. Most of the respondents answered that consultation with the five

pillars of justice system, counseling, psychological assessment and skills and

vocational training had a frequency of 32 or 100 percent. Most of the respondents

agreed that conducting group and individual counseling, conducting group

dynamic activities, encouraging family members to conduct private meetings and

encouraging family to engage in religious activities was more effective.Findings

showed that most of the respondents agreed that encouraging children to

participate in community service programs to promote good image and develop

acceptable social relationship in the community is “highly effective” with a

composite mean of 3.31. Findings showed that most of the respondents found that

care, guidance, supervision and reporting to the office of barangay have constant

watch at the development of the child and that providing education to children

willing to go back to schooling to minimize offending was “highly effective” with

a composite mean of 3.45.

In addition to this, the study of Magtibay and Plata (2019) primarily

covered the perceived effectiveness of the programs implemented at the Bahay

Pag-asa in Batangas City. It also aimed to determine the profile variables of the
 20

respondents in terms of age, sex, civil status, educational attainment, work

affiliation and years in service. Significant differences on the perception on the

effectiveness of the programs implemented at Bahay Pagasa with respect to the

respondent’s profile variables were also examined. On the other hand, the output

of the study is the inputs to assist the Bahay Pagasa Personnel to further improve

the implementation of their programs.

Respondents of the study were the following: 20 respondents from the

multi-disciplinary personnel working at Bahay Pagasa in Batangas City; 10

respondents were from the members of Barangay Council for the Protection of

Children (BCPC) of Barangay Bolbok; 10 respondents were from the members of

BCPC of Barangay Kumintang Ibaba and 10 respondents were from BCPC

member of Barangay Sta. Clara, a total of fifty (50) respondents. This study is

limited to the above metioned maybe Barangay. This study was delimited to other

Bahay Pagasa situated in other cities of Batangas Province and to the person who

have no contact with Child in Conflict with the Law (CICL).The following are the

reasons for the conduct of this study. The researchers want to have extensive

knowledge about the Bahay Pagasa and to become familiar with the programs and

services provided. In addition, the researchers also want to know how to treat a

child inside the facility because there are some reports that children are escaping

from such institution. One of the researcher encounter a scenario of a CSWD

personnel and a little girl talking about the escaped of the children from the child

caring institution, because of the alleged maltreatment of the little girl. This study
 21

gave focused to the children in conflict with the law and for those public servants

who had knowledge to implement the RA 10630. The study also tackles the

programs and other activities of the children under the custody of the multi-

disciplinary personnel at Bahay Pagasa.

In this study, descriptive research was used. It involves the description,

recording, analysis, and interpretation of the present nature, composition or

processes of phenomena. The focus is on prevailing conditions, or how a person,

group, or thing behaves or functions in the present. It often involves some type of

comparison or contrast. Results of the study revealed that majority of the

respondents are 43 years old and above, female, married, college graduates,

barangay official and rendered 1 to 5 years in service. Most of the barangay

officials of barangay Bolbok, barangay Kumintang Ibaba and Barangay Santa

Clara and also the Multi-disciplinary Personnel of Bahay Pagasa perceived the

programs implemented as highly effective on the child custody, intervention

measures and follow-up measures.There is significant difference on the perception

of the respondents in the implementation of the programs in terms of child custody

and follow up measures when they are grouped based on civil status. Proposed

input based from the study are intended for the Bahay Pagasa personnel to enhance

the effectiveness of the programs implemented in the institution.

Accordingly, the study of Bathan and Guico (2019) entitled, “Challenges

Encountered by the Social Worker in Handling Children in Conflict with the Law

(CICL),” focused on the challenges encountered by the social worker in handling

 22

children in conflict with the law (CICL). It also included the profile of the

respondents in terms of age, sex, civil status, educational attainment and years in

service as well as the significant difference on the challenges encountered by

social workers in handling children in conflict with law when they are grouped

according to their profile variable. Also, theinputs proposed may address the said

challenges.

The study made use of the descriptive method of research. A total of 73

respondents participated in the study, 10 were social workers of City Social

Welfare and Development office of Batangas City and 63 were barangay officials

of Barangay Poblacion, Barangay Santa Clara and Barangay Kumintang Ibaba.

The data used in this study were based on responses to the researchers prepared

questionnaire. Statistical tool used were relative frequency, percentage, weighted

mean, independent T-test and one analysis of variance.

Based on the given findings, most of the respondents were Barangay

officials, 53 and above years old, male, married, college graduate and 6 to 10 years

in their service. The challenges encountered in handling children in conflict with

the law in terms of guidance and counseling were uncooperative attitude,

inadequate programs and lack of interest of CICL. For counseling services; in

terms of implementation of diversion and intervention program and findings

revealed that CICL were uncooperative CICL and they lack of facility; while in

terms of maintaining confidential record they had poor access to technology as

well as unavailability of storage room or cabinet.

 23

Finally, the study of Esparrago, Manzanal, and Atienza (2019) focused on

the diversion program as alternative process in children in conflict with the law

(CICL) in Batangas City. The total population of the study was consisted of one

(1) Department of Social Worker and Development Office (CSWDO) personnel

and twenty-four (24) barangay officials as respondents. The profile variables of

the respondents were as follows: age, sex, educational attainment, years of service,

types of respondents and number of training attended. The study was classified as

descriptive in nature which utilized a survey questionnaire as the main data

gathering instrument. The data was collected through the use of a self-constructed

questionnaire and informal interviews. The statistical tools used were frequency

count, percentage distribution, ranking, weighted mean, and standard deviation.

The findings of the study revealed that majority of the respondents were of

ages 52 years old and above, males, college undergraduates, 7-9 years in service,

barangay officials and had no trainings attended regarding CICL. Majority of

respondents strongly agreed on the effects of diversion programs to the social re-

integration of CICL in the community. The proposed information dissemination

material in the form of a three-fold pamphlet aimed to enhance awareness on

varied forms of diversion programs for CICL.

The study’s recommendations were based on the findings and conclusions

generated have with. The proposed information dissemination material must be

realized in order to enhance awareness on varied forms of diversion programs for

CICL. Batangas City Social Worker Development Office personnel and barangay
 24

officials must conduct trainings, seminars and lectures which deals about anger

management skills, problem solving and/or conflict resolution skills and values

formation. The local government must take into consideration the effects of

diversion programs to the social re-integration of CICL in the community and to

further enhance the different forms of diversion programs implemented for the

CICL. The CSWDO personnel and barangay officials assigned in handling cases

relative to CICL must undergo trainings related to CICL for them to be able to

become more knowledgeable on the proper measures and programs to be

implemented for the CICL so that they can reintegrate well with the community

after undergoing diversion programs. Further, similar researches may be

conducted to verify and expand the results of this study.

Synthesis

The literatures from different studies have similarities and differences to the

present study regarding the modes of processing the child in conflict with the law.

The studies of Tiale, Spruit et al., Gonzales and Punzalan, Magtibay and

Plata; and Esparrago, Manzanal, and Atienza focused on the support and programs

provided by various agencies to Children in Conflict with the Law (CICL). In

some of these studies, the researchers even measured the effectiveness these

programs for CICL in order to provide significant recommendations to authorities

for the efficient delivery of programs for CICL. As to the study of Godilo, Harina

and Rosales, the researchers determined the attitudes of CICL on the rehabilitation

programs provided to them by the concerned agencies of the government.

 25

Eventhough these studies have different priorities, all of them are closely

related to the present study for the reason it generally tackles the modes of

processing CICL, which is considered one the support extended by authorities to

children in conflict with the law. The current and past studies only differed on the

executed procedures in order to gather the data needed in their respective studies.

More so, it is clear that the outputs which were produced in the past studies are

different from the present study because a seminar was proposed in order to

strengthen the capabilities of law enforcers in processing CICL. Finally, the

sources of data generally vary from all this studies wherein the present studies

primarily considered Batangas City Police Station personnel as their main

respondents.

On the other hand, the study of De Castro and Samson; and Bathan and

Guico are geared towards the challenges encountered by concerned government

officials and employees in handling CICL, particular when the processes involved

are related to R.A No. 9344 or the Juvenile Justice and Welfare Act of 2006. The

researchers of these past studies pinpointed specific problems such as lack of

sufficient fund to support the programs for CICL, uncooperative CICL, lack of

facility for CICL; while in terms of maintaining confidential record, authorities

have insufficient secured storage facilities and equipment. These findings served

as important bases of the present study in the formulation of its research

objectives. The present and past studies all utilized the descriptive method of

research, equipped with a self-constructed questionnaire as the main data gathering

 26

instrument. The present and past studies also differed on the locales where they

pursued their research works.

Finally, the study of Baes and Limbo examined the family characteristics of

juvenile delinquents in the selected barangays of Batangas City. The researchers

aimed this objective in order to justify the delinquent acts appreciated among

juveniles, which are currently referred to as CICL. The findings of this study

which were very much related to the study of Abella on the factors influencing the

delinquent acts among CICL were considered by the present study as important

facts that strengthened its research objectives. The present and past studies all

utilized the descriptive method of research, also with a survey questionnaire to

collect the needed data for their respective studies. As to the research locale, the

present study and the study of Baes and Limbo were conducted in Batangas City,

while the study of Abella was pursued in a different setting.

Since majority of the cited studies have shown differences to the present

study, the above discussions had proven that the current study is genuine and not a

duplication of other accomplished studies.

Conceptual Framework

In the message of the former Chief of the PNP Women and Children

Protection Center, Police Chief Superintendent Rosauro V. Acio, he reiterated that

with the alarming rise of offenses committed by Children in Conflict with the Law

(CICL) and the increase of Children at Risk (CAR), the police still remember that

they are children. They must never be mingled or mixed with hardened criminals
 27

in jail and other penal institutions; instead, they must learn and face the

consequences of their actions in an environment where they are allowed to atone

and reform, and in time, become productive members of society. And in this,

society itself has to be their partners.

As defined in the Manual in Handling Cases of Children at Risk and

Children in Conflict with the Law, “initial contact with the child” refers to the

apprehension or taking into custody of a child in conflict with the law (CICL) by

police officers or private citizens. It includes apprehension with or without a

warrant. Police officers shall take note that the physical custody of the child shall

be turned over to the appropriate persons or agencies as provided in Section 5-4,

within eight hours after initial contact.

The CICL shall enjoy the rights laid down in R.A. No. 9344 as amended

and its Implementing Rules and Regulations, and shall enjoy the protection of

other laws, whenever applicable from the first time that the child comes in contact

with the Juvenile Justice and Welfare System. The right to privacy of a child in

conflict with the law shall be respected at all stages of the proceedings. As such,

all records and proceedings involving children in conflict with the law, from initial

contact until the final disposition of the case, shall be considered privileged and

confidential (PNP Women and Children Protection Center, 2016).

Taking into consideration the concepts presented above, the researcher

adopted the Input-Process-Output (IPO) Model to present the distinct framework

of this study. The Input box is composed of items that will determine the profile of
 28

the respondents and the mode adopted by Batangas City Police Station (BCPS)

personnel in handling children in conflict with the law. This is followed by the

Process box which is composed of the methods employed by the researcher to

gather the necessary data for this study, which is through the administration of the

self-constructed questionnaire and conduct of informal interview. The last is the

Output box which represents the output of this undertaking. The said output is in

the form of a proposed seminar to strengthen the capability of PNP members in

processing CICL.

Figure 1 is presented below to provide the readers with a clear picture of

the flow and significant variables considered for this study.

 29

Input Process Output

1.Profile of the
Respondents in terms
of :
 Age
 Sex
 Civil Status
 Educational
Attainment Administration of
 Rank Self-constructed Proposed Seminar to
 Length of
Service Questionnaire strengthen the
 Section modes of BCPS
assigned
Conduct of Personnel in
2. Perception of Informal Interview processing CICL
BCPS Personnel
Mode of Processing
the CICL in terms of:
 initial contact
with the child
 interviewing
CICLS, and
 turn over to
other concerned
agencies.

Figure 1

Figure 1

Conceptual Paradigm of the Study

 30

Hypothesis

This study tested the null hypothesis that:

There is no significance difference on the modes of BCPS personnel in

processing the Child in Conflict with the Law (CICL) when grouped according to

respondents’ profile variables.

Definition of Terms

For better understanding of the study the following terms were defined both

conceptually and operationally.

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

4, Par. (e), R.A. No. 9344, 2006). As used in this study, the term refers to an

individual who is not considered in the age of majority.

Child at Risk (CAR). This refers to children who are vulnerable to and at

risk of behaving in a way that can harm themselves or others, or vulnerable and at

risk of being pushed and exploited to come into conflict with the law because of

personal, family and social circumstances (PNP Women and Children Protection

Center, 2016).

Child in Conflict with the Law (CICL). The term refers to a person who

at the time of commission of the offense is below eighteen (18) years old but not

less than fifteen (15) years and one (1) day old (R.A. 9344, 2006).

Diversion. The term refers to an alternative, child-appropriate process of

determining the responsibility and treatment of a child in conflict with the law on
 31

the basis of his/her social, cultural, economic, psychological or educational

background without resorting to formal court proceedings (R.A. 9344, 2006).

Juvenile delinquency. The term is also known "juvenile offending", is the

act of participating in unlawful behavior as minors (juveniles, i.e. individuals

younger than the statutory age of majority (Siegel, L. & Welsh, B. (2011).

Juvenile delinquent. As used in the study, the term refers to a person who

is typically below 18 years of age and commits an act that otherwise would have

been charged as a crime if they were an adult.

Juvenile Justice System. This refers to the primary system used to handle

youth who are convicted of criminal offenses. The juvenile justice system

intervenes in delinquent behavior through police, court, and correctional

involvement, with the goal of rehabilitation (R.A. 9344, 2006).

Initial Contact with CICL. The term refers to the apprehension or taking

into custody of a child in conflict with the law by police officers or private

citizens. It includes apprehension with or without a warrant. (PNP Women and

Children Protection Center, 2016).

Interviewing CICL. This refers to the process of determining the child’s

personal circumstance including among others, his or her name, name of his or her

parents, the child’s date of birth, and home address; age; if the child is Dependent,

Abandoned, Repeat Offender, Neglected or Abused (DARNA); if the child had

been hurt or otherwise injured by the apprehending officer (PNP Women and

Children Protection Center, 2016).

 32

Mode. As used in this study, the term is synonymous with the process

considered by law enforcers and other concerned agencies of the government

when dealing with children in conflict with the law.

Processing CICL. As used in this study, the term refers to the mechanism

or set of procedures adopted by law enforcers and other concerned agencies of the

government in treating children in conflict with the law.

Turn-over of CICL. This refers to the process of transferring the physical

custody of the child to the local social welfare and development office (LSWDO)

of the place where the offense was committed (PNP Women and Children

Protection Center, 2016).

Youth Detention Home. The term refers to a 24-hour child-caring

institution managed by accredited local government units (LGUs) and licensed

and/or accredited nongovernment organizations (NGOs) providing short-term

residential care for children in conflict with the law who are awaiting court

disposition of their cases or transfer to other agencies or jurisdiction (R.A. 9344,

2006).

Youthful Offender. The term refers to the one who is over nine years but

under twenty-one years of age at the time of the commission of the offense

(Article 189 of P.D. No. 603, 1974).