legrespicBy Julie Anne V. Antolo and Trixie Mae F. Perez

In line with Republic Act No. 9344 otherwise known as the Juvenile Justice and Welfare Act of 2006, this study aims to analyze the extent of the implementation of the law for children-in-conflict-with law (CICL) in an urban city in the Philippines, Bacolod City. Specifically, this study will be premised on the following objectives: (1) To describe and statistically analyze the crimes of CICL in Bacolod City from January to December 2018; (2) To characterize the implementation of RA 9344 on the part of Social Workers; and (3) To determine the effectiveness of the RA 9344. Since the law mandates that the identity of the child offenders must be protected, the researchers were not allowed to interview and have a personal contact with the subjects but secondary data were secured through triangulation and descriptive assessment method. The method was done by utilizing data gathered from documentary analysis, key informant interviews, and survey questionnaires. The significant findings and perceived patterns and observations that were revealed and established in this method will be used in designing a youth crime prevention measure/s to ensure the successful execution of RA 9344 in the city.

CHAPTER 1   

INTRODUCTION

Background of the Study

Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile Justice and Welfare System as a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development.

Before R.A. No. 9344 was enacted, children at risk and CICL were treated much like adult offenders as when former President Ferdinand Marcos, Sr. signed into law the Judiciary Reorganization Act 1980 which abolished the juvenile and domestic relations courts. As such child offenders were subjected to the same adversarial proceedings as their adult counterparts.  As an offshoot of the United Nations Convention on the Rights of the Child (UNCRC), the R.A. No. 9344 intends to deal with these children without resorting to judicial proceedings. Instead of punishing juvenile offenders and treating them as criminals, these child offenders will be provided by the State and the community with assistance to prevent them from committing future offences (Sanchez, Overview of Philippine Juvenile Justice and Welfare).

According to RA 9344, children at risk refers to children who are vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following: (1) being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child; (2) being exploited including sexually or economically; (3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found; (4) coming from a dysfunctional or broken family or without a parent or guardian; (5) being out of school; (6) being a street child; (7) being a member of a gang; (8) living in a community with a high level of criminality or drug abuse; and (9) living in situations of armed conflict. In line with the previous, 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.

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 “Offense”. Under Republic Act 10630, offenses which only apply to a child and not to adults are called “Status Offenses”. 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.

R.A. No. 9344 has institutionalized the promotion of the well-being of the child and their families, involvement of parents and guardians, promotion of diversion, avoiding deprivation of liberty and protecting the privacy rights of children. In the same manner, R.A. No. 10630 further emphasized child-sensitive justice policies focused on the best interest of the child.

Objectives

The general objective of this study is to analyze the extent of the implementation of RA 9344 for children-in-conflict-with law (CICL) in Bacolod City.

The specific objectives of this study are:

  1. To describe and statistically analyze the crimes of CICL in Bacolod City from January to December 2018;
  2. To characterize the implementation of RA 9344 on the part of Social Workers;
  3. To determine the effectiveness of the RA 9344.

Statement of the Problem

There are a number of bills in the House of Representatives seeking to lower the criminal age of responsibility. A counterpart bill seeking to exempt children under 12 years old from criminal liability has also been filed in the Senate. The main problem here should be the proper implementation of the law, not the amendment of it, by strengthening the juvenile justice system through the strict implementation of existing laws that prosecute adults who coerce children to engage in criminal behavior and protect and rehabilitate children in conflict with the law (CICL) through restorative means.

Significance of the Study

Large numbers of children in conflict with the law are socio-economic victims, denied their rights to education, health, shelter, care and protection. Many of them have had little or no access to education; many are working children. Some children have left their homes and taken to the streets to escape from violence and abuse at the hands of their families. Some are forced to make a living on the streets, in order to survive. Others have been abandoned by their families and left to fend for themselves and sometimes for younger siblings. These children, who are abandoned and destitute, are also at high risk of sexual exploitation, trafficking and becoming involved in substance abuse and the drug trade through peer influence or the influence of adult criminals.  These children are alleged to have come into conflict with the law of the land; however, no allowances are made for the fact that it is often the law that is in conflict with their survival behavior and the reality of their lives. (Save the Children UK).

CHAPTER 2

CONCEPTUAL FRAMEWORK

Conceptual Diagram

The justice system of the Philippines provides a law that treats every CICL in a manner that recognizes and upholds human dignity and worth, and instills respect for the fundamental rights and freedoms of others, especially those of the CICL (Irene, Labid, & Pacayra, 2011). This law, Republic Act 9344 also known as the Juvenile Justice and Welfare Act of 2006, was anchored on this paper and is considered to be the primary legal basis of the researchers. In addition, the researchers employed the paradigm of the Input-Process-Output (IPO) Model to successfully achieve the objectives of this study.

The IPO Model, as stated by Green (2001), is considered to be the best tool in modern research that is envisioned to provide a clear picture of concept in any study and allows the readers to understand its trends and directions.  The input variables are fixed and established and provide for basic information which is necessary to begin a research. In this study, the input variables are the characteristic/features/descriptions of the children in conflict with the law provided by the data given by the authorities. These are their age, sex, crimes committed, and activities undertaken in the implementation of RA 9344 as well as the extent of its implementation, and drawbacks/constraints which are encountered by the respondents in the implementation of RA 9344.

The process embraces the analysis of the input variables with the use of triangulation and descriptive assessment method while the output box contains the recommendations and proposed youth crime prevention program by the researchers designed or formulated to reduce juvenile crime that will pave the way for successful implementation of RA 9344. Further, the feedback loop includes comments and opinions to the proposed youth crime prevention measures.

Triangulation and descriptive assessment method
Recommendations and Proposed youth crime prevention program
Characteristics/

Features/Descriptions of the CICL

Figure 2.1 Conceptual Diagram

Methodology

Descriptive assessment method is one that deals with studies that focuses on the accurate portrayal of the characteristics of persons, situations or groups and/or the frequency with which certain phenomena occur (Leedy, 1993). According to some other researchers, this method is the most appropriate method in this investigation for gathering data because it can be used in discovering facts upon which professional judgement can be based and its purpose is not only limited to describe a given state of affairs as fully as possible, nor to describe a phenomenon or a condition but also to understand the same and to be able to create theories and analyses (Abulencia, 2001).

The total enumerations of cases recorded in the office of the Social Development Center of Bacolod City, as well as that of the data given by the Philippine National Police Bacolod City Headquarters, were utilized in the study. Simple frequency count and measures of variability were employed to analyze the data. In addition, documentary analysis was likewise used. This technique is used to categorize, investigate, interpret, and identify limitations of physical sources, most commonly so of written documents (Payne, 2004).

The study also utilized survey questionnaires as the main instruments in data gathering. The Survey Questionnaires are intended to the members of the Bacolod City Police Office, Philippine National Police (PNP) and the staff members of the Department of Social Welfare and Development (DSWD) and the Social Development Center (SDC) of Bacolod City. The first set of questionnaire dealt on the intervention and diversion activities undertaken in the implementation of the Juvenile Justice Welfare Act (RA 9344) while the second set of questionnaire focused on the drawbacks or constraints in the implementation of said law.

CHAPTER 3

RESULTS AND DISCUSSION

The data provided below was obtained from the office of the Social Development Center of Bacolod City, as well as that of the data given by the Philippine National Police Bacolod City Headquarters. It includes the demographic profile of CICL, the type of offenses committed and the status of their cases. The period covered is from January to December 2018. It is to be noted as well that during the mentioned period, the months of July, August, October, November and December (as of December 07, 2018) reported zero (0) CICL cases.

Types of Offenses

The data presented below, tabulated a total number of twenty-two (22) cases from January-December 2018. The BCPO-PNP records showed that among all cases, Physical Injury and Theft cases were the most rampant, with a number of 5 cases and a percentage of 23% each. It is followed by cases involving a violation of RA 10591 or the illegal possession of deadly weapons, with 4 out of 22 cases, and a percentage of 19%. Grave Threat and Frustrated Homicide had two (2) cases each (9%), and followed by cases of Attempted Homicide, Rape, Trafficking (Violation of RA 9208 as amended by RA 10364), and Acts of Lasciviousness with one (1) case and a percentage of 5% each.

Table 3.1 Types of Offenses Committed from January-December 2018

Types of Offenses Committed Number of Cases %
Physical Injury 5 23
Theft 5 23
Illegal Possession of Deadly Weapon 4 18
Grave Threat 2 9
Frustrated Homicide 2 9
Attempted Homicide 1 5
Rape 1 5
Trafficking 1 5
Acts of Lasciviousness 1 5

It is shown in Table 3.2 and 3.3 below that the month of April has the most number of reported crimes, with eight (8) cases (36%) for the year 2018. The second month with the most number of crimes committed is the month January with five (5) reported cases (23 %), followed by March with three (3) cases (14%) and the months of May and June with two cases (9%) each. The months of February and September has only one (1) reported case each month, and during the months of July, August, October, November and December (as of December 07, 2018), there were zero (0) reported CICL cases.

Table 3.2 Number of Crimes Committed per Month (Jan-Dec 2018)

          Month and Crimes Committed Number of Crimes Committed
JANUARY 5
Physical Injury 2
Grave Threat 1
Attempted Homicide 1
Rape 1
FEBRUARY 1
Theft 1
MARCH 3
Theft 2
Trafficking 1
APRIL 8
Illegal Possession of Deadly Weapon 2
Frustrated Homicide 1
Grave Threat 1
Theft 1
Physical Injury 2
Acts of Lasciviousness 1
MAY 2
Physical Injury 1
Theft 1
JUNE 2
Illegal Possession of Deadly Weapon 1
Frustrated Homicide 1
JULY 0
AUGUST 0
SEPTEMBER 1
Illegal Possession of Deadly Weapon 1
October 0
November 0
December (as of 07 Dec) 0
TOTAL: 22

Table 3.3 Summary Table for the Number of Crimes Committed per Month (Jan-Dec 2018)

Month Number of Crimes Percentage (%)
January 5 23
February 1 5
March 3 14
April 8 36
May 2 9
June 2 9
July 0 0
August 0 0
September 1 5
October 0 0
November 0 0
December (as of 07 Dec) 0 0

Role of Social Workers and Police Officers in the Implementation of RA 9344

The data provided below was gained through interviewing some Social Workers and Police Officers of Bacolod City. The Social Workers and Police Officers were asked about their training on activities related to CICL and the application of the training to CICL cases. All of the respondents (100%) have participated once or twice in training activity on discernment related to CICL.

Table 3.4 Social Workers’ and Police Officers’ Rating of Their Training on CICL and Its Relevance

As a result of the training activities on CICL… Strongly Agree Somewhat Agree Neither Agree or Disagree Somewhat Disagree Strongly Disagree
1. I was given knowledge and practical guidance that was relevant to my job. 80% 20% 0% 0% 0%
2. I applied and used my knowledge with the help of practical guidance from the training directly in my job. 60% 40% 0% 0% 0%
3. I believe I perform my job better. 60% 40% 0% 0% 0%
4. I believe, I and my colleague have noticed improvement in our professional performance 30% 70% 0% 0% 0%
5. I believe that juvenile justice system is improving its services to CICL 30% 50% 0% 20% 0%

As seen from the table above, most (80%) of the respondents answered to be strongly agree that they were given knowledge and practical guidance that was relevant to the job. In directly applying and using the knowledge with the help of practical guidance from the training in their jobs and performing their jobs better, more than half (60%) of the respondents answered that they strongly agree. Also, 70% of the respondents somewhat agree that they have noticed improvement in their professional performance. Despite this, they have reported that in some instances, had limited their abilities to put into practice the knowledge, skills or ideas they learned during the training, which are the following (not in any order): 1) Lack of resources in the office or place of work, 2) Lack of necessary programs, services, or resources in another part of the juvenile justice system, 3) Laws or regulations that apply to their role and duties. Half of the respondents (50%) believe that juvenile justice system in Bacolod City is improving its services to CICL. However, there are respondents (20%) who somewhat disagree.

Almost all of the respondents (90%) have participated in training activities related to treatment and rehabilitation of CICL, but a few (10%) said they have not. The respondents have listed the subjects of the training that are most useful in CICL cases: 1) Child Sensitivity, 2) Community Involvement, 3) Gender Sensitivity, 4) Trauma Informed Care.

Psychosocial Aspect

According to Social Workers that we interviewed who are directly dealing with children-in-conflict-with law (CICL), scientific research on adolescent development and juvenile delinquency provide evidence that children and adolescents differ significantly from adults in decision-making, propensity to engage in risky behavior, impulse control, identity development, and overall maturity. The developmental immaturity of juveniles mitigates their criminal culpability.  Although they may be able to discern right from wrong action, it is their capability to act in ways consistent with that knowledge that is compromised by several factors at this stage.

The adolescent is psychosocially immature compared to adults. Because of still developing cognitive abilities and limited life experiences, adolescents are less able and less likely than adults to consider the longer -term consequences of their actions. This is why the parents play a great role in a child’s life. According to Article 209, Title IX of the Family Code, “… parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being”.

Issues on the Implementation of RA 9344 in Bacolod City

The Department of Social Services and Development (DSSD) in Bacolod City is pushing for an intervention program for children-in-conflict with the law (CICL). DSSD head Pacita Tero said that some of the CICL are recidivists because of lack of intervention program from the Barangay Council for Protection of Children (BCPC) (Sunstar PH, 2017).

In addition to the lack of intervention programs, another problem is the lack of facilities. The building facilities of the Social Development Center can be easily broken in because of wear and tear. This allows the CICL to swiftly escape from the said premises, and locating them once again is proved not a simple task.

Also, the amount of time of the legal process of the cases of these children is indeterminate. The cases usually take too long, which is why small cases are usually taken care of in the barangay units.

CHAPTER 4

CONCLUSION AND RECOMMENDATIONS

The typical CICL is poor, lacking in education, a victim of parental neglect and/or abuse, and lives in a criminogenic environment. These clearly place the young person at a disadvantage, making deficiencies in decision-making and vulnerability to coercion all the more pronounced.  To place such a young person, already victimized, into the hands of the criminal justice system further curtails his or her future prospects, and pushes them further towards a negative life trajectory.

Proposed Youth Crime Prevention Program

Conventionally, the juvenile justice system of the Philippines practices a reactive approach on dealing with CICLs. This kind of approach on juvenile crime prevention, according to Howell (2009), has concentrated on the risk-protection framework and the prevention component through the identification of appropriate treatment on a particular offense committed. While this reactive approach on juvenile delinquents is still prominent and necessary, recent research has seen the emergence of a proactive approach to help stem the swell of delinquent youth.

In line with this proactive approach, the proposed youth crime prevention measures or programs by the researchers present a different angle of reducing juvenile crime and juvenile delinquents in particular. This will be done through a social policy and social action specifically anchored on primary prevention, rather than retribution, and envisions a type of social bond deemed as a joint partnership between all the early social environments of a child – the family, educational institutions, and the residential communities. This social policy and program development measures are also geared from a situational model, rather than the traditional personal model. This situational model emphasizes the context of developing the children, youth, and their families, and would enhance the development of each individual’s competence rather than diagnosing and treating individual defects (Santos, Padawil, & Vedaña, 2016).

As mentioned, this proposed youth crime prevention measures or programs will be focusing on all the early social environments of a child. In addition, this program also has proposed measures for the barangay or local government units, the police, and the courts as they serve justice to these CICLs. These measures will be tackled one by one below.

Measures for the family, schools, and the residential communities

For these social institutions, the researchers envision a program with an early intervention method. A program is considered “early” if it takes place from before birth until early adolescence, and before the onset of delinquent behavior (Saminsky, 2010).  This is a valuable time period since early childhood provides a rare window of opportunity for young children to be uniquely receptive to enriching and supportive environments (Welsh & Farrington., 2007). These kinds of programs, in addition, have shown incredible results by targeting specific risk factors that lead to delinquent behaviors and that it focuses on holistic and general aspects of the child’s life rather than focusing on the crime itself (Saminsky, 2010).

Specifically, these measures will stress that schools, community, peer bonds, and most especially the family, as the basic foundation, have important effects on delinquency behavior and plays a big factor in the growth of a child, in its shaping and molding into a person. Based on Article 149, Title V of the Family Code, “The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects.” In addition, the family, like the other identified institutions, such as those established in schools, in the community, as well as with peers, are essential to social success and well-being. Resources would be targeted to schools, neighborhoods within communities, and other mainstream organizations. These organizations would be supported to advance their safety, operational fairness and respect for individual differences, so that the mutual obligations between each developing child or youth, their family and their community are reinforced. All significant activities will be informative, educational, and community-wide, and thus, will require the support of the family, the entire community, as well as those of the educational institutions present.

Measures for the Barangay/City/Provincial LGUs

Based on the identified issues and gaps mentioned in the previous chapter, the researchers, in line with the proactive approach, suggest that the local government units should develop a comprehensive community-based youth programs and services that would respond to basic needs and promote the rights of children. All government agencies should make sure to complement and coordinate their program development, planning, implementation, monitoring, and evaluation down to the communities geared towards the prevention of juvenile delinquency.

One provision of the law that needs to be effectively enforced is the creation of effective Barangay Councils for the Protection of Children (BCPC). RA 9344 mandates that LGUs should allot 1% of their internal revenue allotment (IRA) for the BCPCs, which have the power to take preventive steps against juvenile delinquency at the onset through intervention or diversion, which is “an alternative, child-appropriate process of determining the responsibility and treatment of a CICL…without resorting to formal court proceedings.” Unfortunately, not all BCPCs are effective. Sometimes, those in the barangay are unaware that they could already start diversion procedures at the local level.

The Barangay Justice System should also be strengthened and a separate community-managed children’s mediation center should be established, through local legislative measures in the barangays for a more child-friendly and gender-sensitive investigation and diversion proceedings, conscious of the elements of restorative justice. Finally, local government units should adopt that of Davao City’s initiative mentioned in the study published by Ancheta-Templa (2004) entitled, “A Study of the Situation of Children in Conflict with the Law in Davao”, wherein LGUs installed an office and appointed an Ombudsperson for children as an independent body to hear cases of maltreated children and protect those under custodial investigation. This will serve as a check and balance of the Special Office for Children’s Concerns and will monitor the implementation of laws/ordinances, violations and denial of children’s rights, as well as investigate and prosecute cases of violations of the rights of the child. Competent and distinguished lawyers with more than 15 years of practice shall be appointed by a core of child rights advocates recognized by the local community (Ancheta-Templa, 2004).

Measures for the Police Force

The police’s community relations division is considered to be essential in diversion and mediation measures (Ancheta-Templa, 2004). With this, they should make sure that a special arm for children at the PNP Offices and Headquarters should render 24-hour service for investigation and set up in a distinct place where child-appropriate systems are installed. They should also take initiatives in the creation of a diversion/mediation committee and a mediation-counselling center as a one-stop central unit for CICL with an in-house local government social worker. The police should also conduct information and educational campaigns on the new Rules of Court for Juveniles and relevant international instruments to ensure the increasing and up-to-date knowledge of children on our pertinent laws.

BIBLIOGRAPHY

Abulencia, A. (2001). School-Based Management: A Structural Reform Intervention.

Ancheta-Templa, M. F. (2004). UNDERSTANDING CHILDREN IN CONFLICT WITH THE LAW: CONTRADICTIONS ON VICTIMISATION, SURVIVOR BEHAVIOUR AND THE PHILIPPINE JUSTICE SYSTEM. A Study of the Situation of Children in Conflict with the Law in Davao.

Irene, E. A., Labid, S. A., & Pacayra, E. A. (2011). STATUS OF CHILDREN IN CONFLICT WITH THE LAW IN SAMAR, PHILIPPINES: INPUT TO INTERVENTION PROGRAM .

Leedy, P. (1993). Practical Research Planning and Design. ( Fifth Edition).

Payne, G. &. (2004). Key Concepts in Social Research.

Pedrosa, M. (2017, July 27). Intervention program for CICL sought in Bacolod. Retrieved from https://www.sunstar.com.ph/article/155332

RA 9344 or the Juvenile Justice and Welfare Act

Saminsky, A. (2010). Preventing Juvenile Delinquency: Early Intervention and Comprehensiveness as Critical Factors. Retrieved December 23, 2018, from InquiriesJournal.com: http://www.inquiriesjournal.com/articles/165/preventing-juvenile-delinquency-early-intervention-and-comprehensiveness-as-critical-factors

Sanchez, J. (n.d.). Overview of Philippine Juvenile Justice and Welfare. Retrieved from https://www.unafei.or.jp/publications/pdf/RS_No101/No101_17_IP_Philippines.pdf.

Santos, M. M., Padawil, A. K., & Vedaña, M. C. (2016). International Journal of Humanities and Management Sciences. Juvenile Justice and Welfare Law Implementation: The Philippine Urban Poor City Case, 4(1).

Save the Children UK. MODERN CONCEPTS OF WORKING WITH CHILDREN IN CONFLICT WITH THE LAW. Juvenile Justice, 45-46. doi:https://www.crin.org/en/docs/save_jj_modern_concepts.pdf

The Family Code of the Philippines

Welsh, B. C., & Farrington., D. P. (2007). Criminology & Public Policy. Save Children From a Life of Crime.

APPENDICES

APPENDIX A:

Letter for Research Participants

UNIVERSITY OF ST. LA SALLE

College of Law

Bacolod City, Neg. Occ. 6100

16 November 2018

__________________________

__________________________

__________________________

Good day!

We, the undersigned, are first year law students of the University of St. La Salle – Bacolod. In partial fulfillment of the requirements for Legal Research and Thesis Writing, we will be conducting a survey for our research entitled “RA 9344 or the Juvenile Justice and Welfare Act of 2006: A Case Study of its Implementation in Bacolod City, Philippines”. The general objective of this study is to analyze the extent of the implementation of both diversion and intervention activities for children-in-conflict-with law (CICL) in Bacolod City.

In line with this, we are kindly requesting your availability for an interview at your most convenient time. All gathered data will be treated with utmost confidentiality and will be used exclusively for academic and research purposes. We will be willing to share the results and recommendations upon the completion of our research.  We would also like to request for any relevant data that would help in the process of completing our research.

Should you have any concerns or inquiries, we will be very glad to answer them. You may reach us through the phone number +639174933978.  We are hoping for a positive response.

Thank you very much!

Respectfully yours,

JULIE ANNE V. ANTOLO                          TRIXIE MAE F. PEREZ                             

Noted:

ATTY. JOCELLE BATAPA–SIGUE

Adviser

University of St. La Salle

 

APPENDIX B:

Consent Form to Act as Participant

CONSENT TO ACT AS PARTICIPANT

You are about to participate in a study being conducted by Julie Anne Antolo and Trixie Mae Perez, 1st year College of Law students from the University of St. La Salle – Bacolod.

The research project entitled, RA 9344 or the Juvenile Justice and Welfare Act of 2006: A Case Study on its Implementation in Bacolod City, aims to analyze the extent of the implementation of both diversion and intervention activities for children-in-conflict-with law (CICL) here in Bacolod City.

If you decide to participate, you will be asked to take part in a survey. Participation in the project is completely voluntary.

Your confidentiality will be protected throughout the study. There are no anticipated benefits or risks to you as a participant, aside from helping us assess the implementation of the act, which will be further used in designing a youth crime prevention measure/s to ensure the successful execution of RA 9344 in the city.

If you have any questions about this research project, you can call us at 09270789237 or email us at julieanneantolo@yahoo.com.

Thank you for your participation!

ignature: __________________________________________

Participant’s Name: ___________________________________

Date: ______________________________________________

 

APPENDIX C:

Consent Form for Participation in Interview Research

Consent for Participation in Interview Research

I volunteer to participate in a research conducted by by Julie Anne Antolo, Trixie Mae Perez, and Karl Emmanuel Ealdama, 1st year College of Law students from the University of St. La Salle – Bacolod. I understand that the project is designed to gather information about implementation of both diversion and intervention activities for children-in-conflict-with law (CICL) here in Bacolod City.

  1. My participation in this project is voluntary.  I understand that I will not be paid for my participation. I may withdraw and discontinue participation at any time without penalty.
  2. I understand that most interviewees will find the discussion interesting and thought-provoking. If, however, I feel uncomfortable in any way during the interview session, I have the right to decline to answer any question or to end the interview.
  3. Participation involves being interviewed in a focused group discussion by researchers. The interview will last approximately 30minutes-1hour. Notes will be written during the interview. An audio tape of the interview and subsequent dialogue will be made. If I don’t want to be taped, I will not be able to participate in the study.
  4. I understand that the researcher will not identify me by name in any reports using information obtained from this interview, and that my confidentiality as a participant in this study will remain secure. Subsequent uses of records and data will be subject to standard data use policies which protect the anonymity of individuals and institutions.
  5. I have read and understand the explanation provided to me. I have had all my questions answered to my satisfaction, and I voluntarily agree to participate in this study.
  6. I have been given a copy of this consent form.

_______________________________________

My Signature

_______________________________________

My Printed Name

Julie Anne Antolo,

Trixie Mae Perez

1st year, College of Law

APPENDIX D:

Survey Questionnaire for Social Workers

Feedback on the Training

  1. Have you participated in training activity on discernment related to CICL?
    • No
    • Once
    • Twice
    • Others:
  2. If you have participated training on discernment, please fill out the following table:
As a result of the training activities on discernment… Strongly Agree Somewhat Agree Neither Agree or Disagree Somewhat Disagree Strongly Disagree
I was given knowledge and practical guidance that was relevant to my job          
I applied and used my knowledge with the help of practical guidance from the training directly in my job.          
I believe I perform my job better.          
I believe, I and my colleague have noticed improvement in our professional performance          
I believe that juvenile justice system is improving its services to CICL          

What factors, if any, limited your ability to put into practice knowledge, skills or idas learned during training?

    • opposition of my superiors or colleagues
    • laws or regulations that apply to my role and duties
    • lack of resources in my office or place of work
    • lack of necessary programs, services or resources in another part of the juvenile justice system
    • None of the above – no factors limited my ability to put into practice what I learned in training.

 

  1. Have you participated in training activity relative to treatment and rehabilitation of CICL?
    • No
    • Once
    • Twice
    • Others:
  2. What are the subject/s of these training activities? (Please indicate below)
    • _________________________
    • _________________________
    • _________________________
    • _________________________

 

  1. Which types of training activities are most useful?
    • Gender Sensitivity
    • Child Sensitivity
    • Other trainings relative to treatment and rehabilitation of CICL. Please specify. _________________________________________________

 

APPENDIX E:

Survey Questionnaire for Professionals who have received training

 

  1. Are you:
  • a judge
  • a prosecutor
  • a police officer
  • a lawyer
  • other profession (Please specify): _________________________

 

  1. How many times have you participated in training activities related to treatment and rehabilitation of CICL?
    • None
    • Once
    • Twice
    • Thrice
    • Others (Please specify): _____________

 

  1. What are the subject/s of these training activities? (Please indicate below)
    • _________________________
    • _________________________
    • _________________________
    • _________________________

  

  1. Please check the box of your corresponding answer:
As a result of the training activities… Strongly Agree Somewhat Agree Neither Agree or Disagree Somewhat Disagree Strongly Disagree
I was given knowledge and practical guidance that was relevant to my job          
I applied and used my knowledge with the help of practical guidance from the training directly in my job.          
I believe I perform my job better.          
I believe, I and my colleague have noticed improvement in our professional performance          
I believe that juvenile justice system is improving its services to CICL          

 

  1. Which types of training activities are most useful?
    • Gender Sensitivity
    • Child Sensitivity
    • Other trainings relative to treatment and rehabilitation of CICL. Please specify.

__________________________________________

 

  1. What factors, if any, have limited your ability to put into practice knowledge, skills or ideas learned during training?
    • opposition of my superiors or colleagues
    • laws or regulations that apply to my role and duties
    • lack of resources in my office or place of work
    • lack of necessary programs, services or resources in another part of the juvenile justice system
    • None of the above – no factors limited my ability to put into practice what I learned in training.

 

APPENDIX F:

Interview Guide Questions for Social Workers

Questions on Discernment

  1. What role do you have in the discernment assessment?
  2. What is your understanding of the assessment, e.g. the goal/purpose, the applicable legal test? When is the assessment made? Who makes the assessment?
  3. How long does it take to make the assessment? What information is available to the person making the assessment? Is there data which relates the results of the assessments to factors such as age, gender, family circumstances, education, and nature of the offence committed by the CICL? Is that information enough?
  4. What happens if the results of the assessment are disputed? How often does this happen?
  5. How is the final decision about discernment made?
  6. In most countries criminal responsibility is determined only by age of the CICL. Is there a need to have the additional test of “discernment” in the Philippines’ juvenile justice law?
  7. In your opinion, how well has this practice been working?
  8. Are certain CICL subject to unfair or discriminatory treatment through this process?
  9. What is the public attitude towards discernment assessments?
  10. What could be done to improve how discernment assessments are made?

 

Questions on Training

  1. How has the training and the knowledge or skills you learned about discernment made any difference in the way you perform your professional duties? Please give one example.
  2. Can you further talk about the challenges you have met in applying the knowledge and skills you have learned from the training activities on a daily basis?
  3. Would you appreciate the opportunity to participate in additional training on discernment, and, if so, on what subject?

 

APPENDIX G:

Interview Guide Questions for Professionals who have received training

  1. Please describe your role and responsibilities in the juvenile justice system.
  2. How has the training and the knowledge or skills you learned made any difference in the way you perform your professional duties? Please give one example.
  3. Can you further talk about the challenges you have encountered in applying the knowledge and skills you have learned from the training activities on a daily basis?
  4. Would you appreciate the opportunity to participate in additional training, and, if so, on what subject?
  5. What is the most important thing that needs to be done at this point, to improve the rehabilitation programs for CICL?
  6. What is the most important thing that needs to be done to improve the diversion programs for CICL?
  7. Any other comments on how to reduce re-offending by juveniles and better re-integrate them into their families and communities?

 

APPENDIX H:

Data from Women and Child Protection Desk, PNP Bacolod City

APPENDIX I:

Pictures from the Fieldwork

Participants from the Social Development Center (SDC) of Bacolod City

Participants from the City Social Welfare Development Office (CSWDO) of Bacolod City

 

Researchers: 

Julie Anne V. Antolo

Trixie Mae F. Perez

All Rights Reserved. Philippines 2018.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  Social Development Center, Bacolod City

Women and Child Protection Desk, Bacolod City

 

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