West Visayas State University

Luna St. La Paz, Iloilo City

A study on the profile of a child

in conflict with the law

A Research Paper
in partial fulfillment
for the requirements of
PRACTICAL RESEARCH 1

Submitted to:
Dr. Francis O. Pantino

Submitted by:
Cyna Angela Louise Lupera
Roge Marie Barrera
Richard Neil Lencio
Jerlo Marzona
Therese Marie Taton
Dominic Labagnao

January 2017

1
 Table of Contents

CHAPTER I

Background of the Study------------------------------------------------------------------------------------3

Statement of the Problem-----------------------------------------------------------------------------------6

Scope and Delimitation of the Study-----------------------------------------------------------------------7

Significance of the Study------------------------------------------------------------------------------------7

CHAPTER II

Review of Related Literature--------------------------------------------------------------------------------8

Theoretical Framework--------------------------------------------------------------------------------------18

Paradigm of the Study--------------------------------------------------------------------------------------19

Definition of Terms------------------------------------------------------------------------------------------20

CHAPTER III

Methodology--------------------------------------------------------------------------------------------------21

Research Design and Approach----------------------------------------------------------------------------21

Participants of the Study------------------------------------------------------------------------------------22

Research Instrument----------------------------------------------------------------------------------------22

Data Gathering Procedure----------------------------------------------------------------------------------22

CHAPTER IV----------------------------------------------------------------------------------23

CHAPTER V

Summary------------------------------------------------------------------------------------------------------24

Conclusion-----------------------------------------------------------------------------------------------------25

Recommendations-------------------------------------------------------------------------------------------26

Bibliography---------------------------------------------------------------------------------------------------27

2
 CHAPTER I

INTRODUCTION

Background of the Study

Jail is no place for a child. Over 50,000 children in the Philippines have been arrested

and detained since 1995. Roughly 28 children get arrested every day. 8 out of 10 children in

conflict with the law will commit only one offense in their lifetime. They are called “first-time

offenders.” A “first-time offender” who is kept out of jails is 8 more times more likely to change

and become productive than a detained juvenile offender. Children in the Philippines can be

arrested and detained like adults from the age of nine years old. (UNICEF Philippines, 2016)

More than half of the crimes for which minors are charged are not serious offenses.

These include petty theft, sniffing of glue or solvents, vagrancy and violation of curfew hours.

Many cases involving children are not reviewed immediately. Most are eventually dismissed by

the courts due to out of court settlements or the failure of witnesses to appear during the trial.

Many children experience detention in sub-standard conditions for long periods of time before

their cases are finally resolved (UNICEF Philippines, 2016).

Crimes committed across the country have gone up by almost 50 percent in the first half

of 2015 compared to the same period in 2014. In particular, the increase was seen in cases of

theft, car theft, and physical injuries, data from the Philippine National Police showed. The total

crime volume for the first half of this year was at 885,445, including all index and non-index

crimes. This was a 46.81 percent increase from 2014’s 603,085 figure. Meanwhile, index crimes

such as crimes against persons and property went up by 37.30 percent, as there were 352,321

cases recorded for the first half of this year, compared to last year’s 256,592 (Philippine Daily

Inquirer, 2016).

3
 Young people in the streets are also criminalized and stigmatized for no obvious crime

committed. So many times the streets were cleaned upat the start of the tourist season and as a

consequence many street children were jailed because of vagrancy laws (Murdoch-Verwijs in Laserna,

2010).

Formally, a Child in Conflict with the Law (CICL) is a person who at the time of the

commission of the offense is below eighteen years old but not less than 15 years and one day

old. The concept of right and wrong among youth offenders is vague or erroneous; leading to

their low self-control. In the long run, their values become distorted, allowing them to commit

crimes without feeling guilty (Blanco, 2011).

The Republic Act No. 9344 also known as the Juvenile Justice and Welfare Act of 2006

of the Philippines was being implemented last July 25, 2005. The author of this law is Senator

Francis “Kiko” Pangilinan, and it was approved by the congress, senate and the former

President Gloria Macapagal-Arroyo during her term. Juvenile Justice and Welfare Act of 2006

shall cover the different stages involving children at risk and children in conflict with the law

from prevention to rehabilitation and reintegration. Thus, this law battled a lot of controversies

from the people and government officials because of the negative impact to the society in terms

of criminal rate (Besing, 2012).

RA No. 9344 also known as Juvenile Justice and Welfare Act of 2006 prohibits the

detention of children in jails. It likewise raised the age of criminal responsibility from nine under

Presidential decree 603 to a minimum of 15 years old. RA 9344 also exempted CICLS aged 15

and above from criminal liability unless the prosecution proved that they acted with discernment

or the capacity to determine what is right and wrong (Castillo in Casiano, et. al., 2016).

A main feature of R.A. No. 9344 is that CICIL are required to undergo a “diversion

program” which refers to “an alternative, child-appropriate process of determining the

4
responsibility and treatment of a child in conflict with the law on the basis of his/her social,

cultural, economic, psychological or educational background without resorting to formal court

proceedings”, in addition to “intervention programs” refer to “a series of activities designed to

address issues that caused the child to commit an offense” and which “may take the form of

counseling, skills training, education, and other activities that will enhance his/her

psychological, emotional and psycho-social well-being” (Laserna, 2008).

The rehabilitative model focuses on the treatment of the offender with the assumption

that interventions such as probation supervision, work readiness, training, cognitive skills

training, and behavior therapy will change behavior and reduce the frequency of juvenile

offenses (Bradshaw & Roseborough, 2005).

RA 9344 is not only for the benefit of children. The safety of society is its foremost

interest. That is why it prioritizes rehabilitation and not imprisonment (Oco, 2016).

Children are the ones who are very vital for deciding how the world is gonna be after

some years. So if one can do some good in the life of a child then there can be change, at least

a slightest change, in the world to come. And if most of them think on same lines then we can

hope of a better future ahead (Sanaulla, 2008).

Investing financial resources to help children survive and develop to their full potential

is, first and foremost, a moral imperative. But investing in children is also important on practical

grounds. It yields positive benefits to economies and societies. Since the foundation of an

individual’s health and well-being is laid in early childhood, the most opportune time to break

the cycle of poverty, or prevent it from beginning, is during that time. Programmes that invest

in early childhood development could generate considerable cost savings for government.

Investments in children are increasingly seen as one of best and most valuable long-term

investments we can make (UNICEF, 2016).

5
 As the number of young people in the Philippines increase, the need to tap the youth’s

active participation in the nation’s growth and development has never been more urgent (Ayala

Foundation, 2013).

When we are dealing with children in conflict with the law, we are dealing with children

who had a bad start in life with circumstances and experiences very difficult to accept. The

state has the obligation according to articles 4 of the United Nations Convention on the Rights

of the Child to protect all children and to translate all rights in the Convention into reality

(Murdoch-Verwijs in Laserna, 2010).

Statement of the Problem

The overall objective of this study is to personally understand the reasons of these

people considered as juvenile delinquent. to achieve the said purpose, the researchers plan to

conduct an interview with a minor who was in conflict with the law from Zarraga, Iloilo. After

the interview, the researchers expect to grasp and understand the circumstances behind the

respondent's committed act.

1. How old was the respondent when the crime was committed?

2. What act led the respondent to conflict with the law?

3. What was the reason of the respondent for committing such act?

4. What method of punishment (if any) was given to the respondent?

5. What was the respondent's perspective towards the incident?

6
Scope and Delimitation of the Study

This study will be focused on the profile of a juvenile in conflict with the law. the study

was conducted at Zarraga, Iloilo from January to March 2017.

The researchers interviewed one respondent to sought answers for the study. data will

be taken and based from the respondent's answers and the researchers would delve deeper

into the factors that lead the individual's initial behavior, agents that have a positive effect on

their actions. The researchers would also investigate on the effectiveness of the selected

program's approach on fixing misconduct.

Significance of the Study

The findings of the study may provide deeper insights on how a juvenile delinquent

commits an act that is against the law. The study determined that some factors in the

environment of the subject leads and influence towards juvenile delinquency. The result of the

study will be great benefit of the following:

Parents. The results of this study may serve as an eye opener for those who are not physically

and emotionally present in their child’s life. This study also serves as a guide to those who want

to inspire their child and prevent certain factors that can lead to juvenile delinquency.

Youth. This study will provide them the results of wrong choices because they will realize how

life changes if they make a wrong move. This will enable them to reflect on themselves on how

to value life as a great treasure.

Teachers. This will provide understanding to the juvenile who needs more of their patience

and understanding. The findings of this study may encourage them to be a example and guide

to the youth in order to prevent juvenile delinquency.

7
 CHAPTER II

REVIEW OF RELATED LITERATURE

Definition of Juvenile Deliquency. According to Binder et al (1988), juvenile

delinquency is “a legal term whose definition varies from state to state.” Juvenile delinquency is

described as illegal or immoral behaviour especially by young people (Merriam-Webster, 2017).

Individuals included in the ‘juvenile’ group are those under the standard age of majority, which

depends on the set standard of the nation or state.Delinquency usually refers to behaviour that

would be criminal if the child were an adult.However, according to Burgess (1952), “A boy or a

girl is not a juvenile delinquent just because he commits a delinquent act. If so all boys and all,

or practically all, girls would be delinquent. A delinquent is one who has been treated as such

by society. He must be considered by the people in the community to be a delinquent. In other

words, he must have an official record. The longer his record, other things being equal, the

more delinquent is the child up to the point at which he reforms.”

Darbouze (undated) asserts that “Juvenile delinquency is a huge issue that has to be

addressed because it is becoming more visible and accepted in today’s society. Juvenile

delinquency is a complex trend that must be critically dissected to begin to understand

specifically all the reasons why children turn to delinquency. Unlocking the key to

understanding juvenile delinquency is important because this deeply shapes ways in which

juvenile delinquents who go through the juvenile justice system are rehabilitated.”

Status of Child Delinquency. Flores (2003) reports that “the number of child

delinquents (juveniles between the ages of 7 and 12) handled in the [United States] juvenile

courts has increased 33 percent over the last decade (Snyder, 2001). This development is cause

for concern not only because offense patterns reflect more serious crimes among these

8
youngsters, but also because these very young offenders are more likely to continue their

involvement in crime. Child delinquents are two to three times more likely to become serious,

violent, and chronic offenders than adolescents whose delinquent behaviour begins in

theirteens. Recent high-profile media cases of violence committed by children age 12 or

younger also have drawn attention to the potential for child delinquents to inflict deadly harm.

For these reasons alone, child delinquents represent a significant concern for both society and

the juvenile justice system.” According to the Federal Bureau of Investigation’s (FBI’s) Uniform

Crime Reports in 1997, law enforcement agencies made an estimated 253,000 arrests of

children age 12 or younger, and these made up 9 percent of all juvenile arrests (i.e., arrests of

persons under age 18). Of these arrests of children, 17 percent (about 43,000) involved

persons under the age of 10. Only 10 percent of these arrests were for status offenses (e.g.,

running away from home, curfew violations, and liquor law violations).Interestingly, between

1988 and 1997, the total number of child arrests increased by only 6 percent, as compared with

a 35-percent increase for all juveniles, and child arrests for property crimes dropped by 17

percent. However, during this same period, child arrests for violent crimes increased by 45

percent. Overall, child delinquents arrested in 1997 were relatively more likely to be charged

with a violent crime, a weapons offense, or a drug law violation than a property offense

(Snyder, 2001).

In a 2003 World Youth Report, it was stated that “…statistical data in many countries

show that delinquency is largely a group phenomenon; between two-thirds and three-quarters

of all juvenile offences are committed by members of various groups. Even those juveniles who

commit offences alone are likely to be associated with groups. According to data from the

Russian Federation, the rate of criminal activity among juveniles in groups is about three to four

times higher than that of adult offenders. Juvenile group crime is most prevalent among 14-

9
yearolds and least prevalent among 17-year-olds. The rates are higher for theft, robbery and

rape, and lower for premeditated murder and grievous bodily harm.

Sabangan (2011) reports that “in the Philippines, where the plight of majority of the

poor remains largely unaddressed, and many places become breeding grounds for youth

offenders. While many of these children were able to rise from the rut-proving that poverty

isn’t a justifiable excuse for committing crime-thousands of other juveniles have failed to get

out of the trap and are forced to break the law primarily to survive.”

Possible Factors for Potential Child Delinquency. Children with strong social bond

will commit less crime than those who have weak social bond (Hirschi, 1969). Karen (1995),

states that “there should be a good relationship between the mother and the child so that the

child will not develop mistrust and anger. If a child develops anger and mistrust then that child

becomes a child without a conscience and behaves in an anti-social manner.”Harvey and Fine

(2004) studied that the children who had emotions of anger inside them led to the opposite end

of the law and this was found in the case of the children whose parents were divorced. This

occurred because these children needed proper care from their parents which was lacking.

Lieb, in her 1994 study on the risk factors of potential child delinquency, observes that:

1. “Early conduct problems — [such as] aggression, stealing, truancy, lying, and drug

use—are not only general predictors of delinquency many years later, but especially

of serious delinquency, and in certain cases, of recidivism.”

2. “Children who have not outgrown their aggressiveness by early adolescence appear

to be at high risk for delinquency.”

10
 3. “Although juvenile arrest or conviction is a predictor of arrest or conviction in

adulthood, the seriousness of the juvenile offense appears to be a better predictor of

continued, serious delinquency in adulthood.”

4. “Individual family variables are moderately strong predictors of subsequent

delinquency in offspring. Particularly strong predictors were poor supervision and the

parents’ rejection of the child, while other childrearing variables such as lack of

discipline and lack of involvement were slightly less powerful. In addition, parental

criminality and aggressiveness, and marital discord were moderately strong

predictors. Parent absence, parent health, and socioeconomic status were weaker

predictors of later delinquency.”

5. “Poor educational performance predicted later delinquency to some extent, but

available evidence suggests that accompanying conduct problems may be more

critical.”

6. “A majority of eventual chronic offenders can be recognized in their elementary

school years on the basis of their conduct problems and other handicaps.”

Nellis (2012) also noted on her report that “most people sent to prison for life as

youthwere failed by systems that are intended to protect children.” She reports that “1,579

individuals around the country who are serving these sentences demonstrate high rates of

socioeconomic disadvantage, extreme racial disparities in the imposition of these punishments,

sentences frequently imposed without judicial discretion, and counterproductive corrections

policies that thwart efforts at rehabilitation”. In the survey, she finds that most of these

juveniles have been exposed to violence, abuse, and socioeconomic disadvantages, either in

their own homes or in their community. Furthermore, she presents that “children model what

11
they see in their immediate environment and when they experience trauma it has lasting effects

on their perceptions and actions.”

Colman et al (2009) observed in her study that “…boys with sexual abuse histories were

more likely than other boys to be identified as confirmed perpetrators of abuse and neglect,

leading to higher rates of dual system involvement. For girls, rates of sexual and physical abuse

tended to be highest among girls assigned to a high offending arrest trajectory group, and a

history of either abuse type significantly increased the risk of child maltreatment perpetration.”

Wright and Wright (1994) suggest that being in a single-parent family could also present

risk factors of falling into delinquency for children. Economic conditions inherent among single

parent households may place children at greater risk. Socialization of children residing in single

parent homes may differ from those residing with two parents.“Bad” neighbourhoods, where

single parents often reside, may contribute to delinquency.The response of officials from formal

institutions, police, and courts to children from single parent homes may increase the likelihood

that they are identified as delinquent.

According to McCord et al (2001), “Factors such as peer delinquent behaviour, peer

approval of delinquent behaviour, attachment or allegiance to peers, time spent with peers, and

peer pressure for deviance have all been associated with adolescent antisocial behaviour.”

Conversely, Elliot (1994) reported that spending time with peers who disapprove of delinquent

behaviour may control later violence. Peer rejection may also influence child and adolescent

delinquency by inducing the rejected child to associate with deviant peer groups and gangs

(Patterson, Capaldi, and Bank, 1991).

Bridges (1927), however, sees health statusalso as a factor for delinquency, particularly

malnutrition, lack of sleep, defects, etc. She says, “…malnutrition may cause inertia and mental

12
sluggishness or hyperexcitability and nervousness in a child. Any of these conditions may lead

to delinquency. The child may become the sport of bad suggestion or the tool of his own

feelings and impulses. Or he may compensate for his disabilities in delinquent conduct.”

Regarding lack of sleep, she says, “…like malnutrition, [it] may cause feelings of drowsiness and

inertia, but in addition to this, it increases irritability, excitability and nervousness. The child,

feeling his handicap, may suffer from mental conflict and take refuge in delinquency. Or, he

may exhibit bad behaviour due to impulses which are easily stimulated and hard to control

under a condition of hyperexcitability and fatigue.” Concerning defects as factors for

delinquency, she states that “…these defects will set the child at a disadvantage when in

competition with others both in and out of school. He may try to restore self-confidence and a

sense of superiority by resorting to delinquency… In addition to setting the child at a

disadvantage in competition with others and possibly making him a target for childish ridicule,

speech defects block one of the most essential means of self-expression and social expression

for the individual. A child with defective speech may become introverted and seclusive, partly

through shame and partly through inertia to overcome the handicap. He may on the other hand

become cynical and foster a grudge or a "get-even complex," with consequent anti-social

results.” She also notes that other ailments could lead to potential delinquency. These may

include: a. All forms of disease, for example, diseases of eye, ear, nose, or throat; pulmonary,

kidney, or heart diseases, etc. b. Defective teeth. c. Congenital syphilis. d. Head or spinal

injuries. She claims that, “…any of these may interfere with the child's achievements in normal

competition and cause him to resort to delinquency for relief from the mental conflict involved.

They may also directly cause some kinds of delinquency, for instance painful irritation may

result in outbursts of temper and violence.”

13
 She also attributes drug addiction to delinquency, stating, “This is not an important

factor in juvenile delinquency, though it may play a part in the causation of crime in later

adolescence and more particularly in adulthood. It is a delinquency in itself, but, like truancy, it

may also be a causal factor in other delinquency, such as stealing, sex offenses, or disturbing

the peace.' A great variety of mental, physical, and environmental factors contribute to drug

addiction as to any other form of undesirable behaviour.”

Treatment Methods for Child Delinquents. Darbouze (undated) says that

“Rehabilitation is practical because some rehabilitative methods addresses the personal needs

of juvenile delinquents and gives juvenile delinquents realistic options to make it in society

without having to recidivate.” Furthermore, Lober (2009) claims that “…juvenile delinquents

receiving proper rehabilitative methods is important because this lessens the likelihood of

juvenile delinquents that will recidivate and have to re-enter the juvenile justice system.”

“The treatment and social control of juvenile delinquency are the shared task of many

agencies, including law-enforcement officers, teachers, social workers, psychiatrists, and clinical

psychologists,” according to McDavid and McCandless. A lot of residential programs have been

organized to treat these delinquents, each using different approaches. There are public facilities

and private facilities. The Urban Institute (1989) states that the service quality and

effectiveness of the privately-owned programs were higher. However, regardless of what type

of facility it is, all of these programs use various approaches. According to McDavid and

McCandless (1962), “virtually all approaches to delinquent and criminal behaviour have touched

upon psychological issues and dealt with psychological variables, and there have been many

direct efforts to approach the problem of juvenile misbehaviour psychologically.” Garret (1985)

used a technique called “meta-analysis” to review 111 residential programs and their approach

methods to determine if they are successful in bringing about behavioural change. He found

14
that “programs using behaviour and life-skills approaches produced the largest positive results,

averaging approximately 25 percent of the standard deviation of the recidivism rate for the

control group”. Davidson (1984) also utilized the same technique to conduct an analysis on 90

community and residential programs. It was observed that behavioural approaches had the

most success in reducing recidivism although the effects were so small that “they could not

reject the null hypothesis.” Group therapy and transactional analysis programs were more likely

to produce negative effects.Whitehead and Lab’s 1989 analysis incorporated 50 juvenile

programs. Results were “far from encouraging,” and “correctional treatment has little effect on

recidivism.” Diversion of offenders from the juvenile justice system emerged as the most

promising intervention. Treatment programs appeared to be less effective in recent years.

Lipsey’s 1992 analysis found that behavioural, skill-oriented programs and programs with

multiple components produce the largest effects. Deterrent approaches (shock incarceration)

were more likely to produce negative effects. Effective treatment approaches produce larger

average treatment effects in a community as opposed to an institutional setting. In a 1990

study, Andrews, Unger and Hage claim that the most effective solution“...is the delivery of

appropriate correctional service...reflecting three psychological principles: 1) delivery of service

to higher-risk cases, 2) targeting of delinquency risk factors, and 3) use of styles and modes of

treatment...matching with client need and learning styles.”

What doesn’t work in the treatment and rehabilitation of juvenile offenders, however,

according to Romig (1982), are the following methods:

 Desk or office probation casework

 Diagnostic assessments and/or referral only

 Behaviour modification for complex behaviours

 General discussion groups

15
  School attendance alone

 Occupational orientation

 Field trips

 Work programs

 Insight-oriented counselling

 Psychodynamic counselling

 Therapeutic camping

In their 1993 study, Reiss and Roth found that several different biological conditions and

neurological processes are hypothesized to be linked to violent behaviour, including genetic

influences, neurophysiological abnormalities, and functioning of steroid hormones and

neurotransmitter systems. Because of this, Tate et al theorize that “…therefore, it is possible

that some violent behaviour may be reduced or prevented by altering relevant neurological

states or conditions.”

Sahmey (2013) suggests that“For the positive development of the child in conflict with

law, it is very much necessary to treat them in an absolute fair and friendly atmosphere to

draw out best results of positive behaviour from the offenders.”

Prevention of Potential Child Delinquency. “A healthy home environment is the single

most important factor in preventing delinquency,” according to Wright and Wright (1994). In

their study, they suggest that parents must monitor their children’s behaviour, whereabouts,

and friends, must reliably discipline their children for antisocial behaviour, must provide love

and support, must teach their children to feel empathy and compassion for others, and must

avoid overly harsh authoritarian punishment. In connection to this, the World Youth

Organization (2003) says that “The family, as the primary institution of socialization, appears to

16
play the most important role in the prevention of child and juvenile delinquency. The most

impressive prevention efforts focus on the families of troubled youth, including those young

people with serious behaviour problems.” The research results of Huizinga, Loeber and

Thornberry(1994) suggest that “efforts to reduce delinquent behaviour should start early, be

comprehensive and long-term, and attempt to interrupt developmental pathways before

serious, chronic delinquency emerges. They also suggest that intervention programs should

focus on family, school, peer, and neighbourhood factors; and within these settings, focus on

developing effective and caring monitoring and success opportunities that lead to attachment to

prosocial groups and activities. Intervention programs should be designed for the long-term,

because risk factors usually have a long-term effect on juveniles’ behaviour...Thus, intervention

programs lasting 6 to 10 months with youth returning to the same high-risk environment from

which they came are not likely to produce lasting results.”

Steinberg, (1989) suggests that “…helping youth learn to resist negative peer pressure may

provide youth with the motivation and the skills to avoid committing crimes simply to go along

with the crowd... Training parents to monitor their children more closely can reduce the number

of situations where youth must resist negative peer pressure.”

Regarding the prevention of former delinquents from repeating their mistakes, Jones (2014)

says that “…it is advisable… [that] more juveniles become employed and provided with the right

educational levels to keep them from becoming involved in criminal acts. Encouraging juveniles

to stay in school until they improve their level of education is important for reducing the

number of criminal offenses committed by them in [their nation].”

17
Theoretical Framework

Rooted from Gabriel Tarde's theory of imitation pertaining to expound criminal behavior,

Social learning theory indicates that individuals learn certain behavioral patterns by imitating the

others' behaviors. As stated by İçli and Çoban, this perspective expanded in a social context by

Albert Bandura believes that people learn behavior through observing others' behaviors.

Consequently, many modes of behavior are learned by observation of other behavior models;

and in this way the individual has the knowledge of the ways of displaying subsequent

behaviors and thus this codified knowledge directs individual in his/her subsequent behaviors.

Consequently, many modes of behavior are learned by observation of other behavior models;

and in this way the individual has the knowledge of the ways of displaying subsequent

behaviors and thus this codified knowledge directs individual in his/her subsequent behaviors

(Bandura, 1997).

According to Vito et al., based on the presumption of Social learning theory, behavior is

learned through a process of observation, behavior modeling and imitation. Within this context,

they stress that primary groups and intimate/admiring people are the key factors which

compromise the individual’s major source of reinforcements. Social learning theory focuses on

both the individual and social source of behavior thus analyzing the environment where the

crime and criminal behavior was learned and adopted rather than the criminals (İçli and Çoban,

2012).

The Social Learning Theory relates to the present study being conducted stating that

environmental factors are great contributors to the emergent or misbehaviors among children.

Other factors were also considered such as the age, past experiences, peer influence and social

status as which peers and social status are being considered as environmental factors of the

children.

18
 The study hypothecate the behavior of juveniles in conflict with the law through the

influences of certain environment, social relation and personal factors. The relationship between

the variables are graphically presented following the Input-Process-Output approach shown in

Figure 1.

Input Process Output

 Profile of  Gathering of  Self realizations of

children data through children
a. Age interview  Knowledge and
b. Sex background of
c. Location the causes of
 Back story of delinquency
past  Better
experiences understanding
 Behavior about children in
 Environment conflict with law
a. Peer
Influence
b. Social
Status

Figure 1. The research paradigm identifying the input, process and output of the study.

19
Definition of Terms

Juvenile delinquency. Conduct by a juvenile characterized by antisocial behavior that is

beyond parental control and therefore subject to legal action. (Merriam-Webster

Dictionary, 2017).

In this study , Juvenile Delinquency refers to the violation of the law committed by a juvenile

and subject to legal action

Boy. A person under 18 years of age. (UNCRC, 2016)

In this study, a boy refers to any persons aged 18 years and below who, with inefficient ability

to upright judgement, is vulnerable to commit any kind of crime.

Boy or Children in Conflict with the Law. Refers to the boy who is alleged as accused of,

or adjudged as, having committed an offense under Philippine Laws. (RA 9344 in the LawPhil

Project, 2016).

In this study, Boy or Children in Conflict with the Law refers to any persons aged 18 years and

below who were under, particularly the DSWD, in consequence of committing a certain kind of

criminal offenses punishable by law.

Drugs. a substance intended for use in the diagnosis, cure, mitigation, treatment, or

prevention of disease. (Merriam-Webster Dictionary, 2017).

In this study, Drugs refers illegal drugs that may used by boys and it is the cause

of their change in behavior.

20
 CHAPTER III

METHODOLOGY

The primary purpose of this study was to open our perspectives and learn more about

child delinquency through a child who already experienced being in conflict with the law. This

chapter shall discuss the research methods available for the study and what is applicable for it

to use in response for the statement of the problem in Chapter I which is directed towards

children in conflict with the law.

Likewise, this chapter presents the various procedures and strategies in identifying

sources for needed information on the study of a child in conflict with the law. Data were

collected in the form of a semi-structured interview.

Thus, this part of the study specifies the method of research used, research design,

respondents of the study, data collection and the instruments used.

Methods of Research

The researchers used the descriptive method. In this method, it is possible that the

study would be convenient and quick. It could also suggest unanticipated hypotheses.

Nonetheless, it would be very hard to rule out alternative explanations and especially infer

causations. Thus, this study used the descriptive approach.

Research Design and Approach

The researchers want to explore the experiences of a child that has been in conflict with

the law. Due to the nature of the study, the researchers decide to employ a combination of

phenomenological and case study designs, using one-on-one semi-structured interview with a

child who have experienced child delinquency.

21
Participants of the Study

The respondent is a 17-year old from Zarraga, Iloilo. The respondent narrated the

process he went through, summarizing the requirements asked for by the CIU (Crisis

Intervention Unit), and the conditions presented if he ever decides to recidivate.

Research Instrument

The researchers used the semi-structured interview. In connection with this, the

instrument used in this method is the interview schedule. The interview schedule served as a

guide for the researchers that is conducting an interview. It has two components, a set of

questions designed to be asked exactly as worded, and instructions to the researchers about

how to properly ask the respondent.

Data Gathering Procedure

In the conduct of the study, the researchers searched for a minor who has been in

conflict with the law. The child is from Zarraga, Iloilo. The researchers asked permission to the

parents of the child and to the child himself for the possibility of the interview. The interview

lasted approximately one hour because of the child’s availability. The data collected are

sufficient and legit.

22
 CHAPTER IV

This study aims to determine factors that influenced a child to conduct misbehavior, the

process leading to misbehavior and the experiences as a result after being in conflict with the

law.

The study was based on Albert Bandura's Social Learning Theorem which states that a

child's misbehavior is a reflection of a child's environment wherein the bases of his/her

knowledge regarding the concept or right and wrong is being determined by the concept of the

people a child is surrounded with. Such that in this study our respondent is a 17-year old from

Zarraga. The respondent narrated the process he experienced through summarizing the

requirements asked for by the Crisis Intervention Unit (CIU), and the conditions presented if he

ever decides to return to a previous pattern of behavior, especially criminal conduct. Based on

the respondent's content of narration, peer influence is one of the major factors that lead the

offender to commit such act also stating that the previous offenders were peers which

correlates to the Social Learning Theorem of Albert Bandura.

Another factor that influenced the offender's unlawful behavior is due to his social status

wherein stated as one of the primary causes a person commits such acts. The lack of adequate

amout and financial security is one factor that can cause lack of personal necessities leading to

despondent acts to provide for specific and personal needs. In relation the the theory, a child's

unsatifactory environment is another factor being considered.

The offender also stated such that the yearning for approval and affection from peers

caused him to commit such acts, unknown wheter peers mentioned pressured or forced him or

not. One that signals the rebellious behavior or children is the need for approval, despondent

23
acts for specific wants and necesseties, loyalty with peers, time spend considering a child

spends more than with peers than with parents as well as the need of adaptation within an

environment.

The factors considered by the respondents is comparable to the factors of the based

theory about Social Learning Theory.

CHAPTER V

SUMMARY, CONCLUSIONS AND RECOMMENDATIONS

Summary

The main purpose of this research is to examine an underage law offender's reasons for

coming in conflict with the law, the process underwent, and the results experienced by the

offender. The study incorporates the method of interview to seek answers from a respondent.

The respondent is a 17-year old from Zarraga, Iloilo. The respondent narrated the process he

went through, summarizing the requirements asked for by the CIU (Crisis Intervention Unit),

and the conditions presented if he ever decides to recidivate. Incorporating content analysis

from the interview answers, and it was found that one of the factors influencing the offender

from committing such act is peer influence, proven by the claim of the respondent that the

previous offenders were peers. This further proves the Social Learning Theory formulated by

Bandura (1997), which says that behavior is formed through observation and imitation from

other behavioral models.

24
Conclusion

Underage law offense is becoming increasingly common in various countries, for

instance, according to Synder (2001),cases covered by the U.S. juvenile court has increased by

33 percent in the U.S. in the last decade. Because underage offense is increasingly becoming

common in parts of the world, various methods are being tested to create intervention with

these underage delinquents.

To further understand these offenders, an interview was conducted, and a summary of

the events that transpired was collected from the answers. The interviewee responded with a

testimony including the

As it can be concluded in the interview answers, the primary factors causing the target

individual's illegal offense is the influence from peers, unknown if the individual was pressured

or was acting on his own accord. McCord et al (2001), time spent with peers, loyalty, need for

approval, and attachment are possible factors and signals of rebellious behavior. This can also

be connected to the Social Learning Theory devised by Bandura (1997), which says that

behavior can be formed from the inspection and emulation of role models. It can also be

assumed that financial problems could also be another factor, as the need for theft would not

exist if the family's financial status is stable.

So it can be concluded that there is a significant connection between a child's

environment, which includes peers and economic conditions, with his potential rebellion from

the law. And in the same way, a good environment is more likely produce good behavior.

25
Recommendations

The following recommendations are offered for related research in the field of underage

crime.

1. Given that underage crime gets more rampant in time, future research works related to

underage crime must also study and examine the methods being used by various

agencies dealing with underage crime in the Philippines.

2. Aside from studying, examining, and analyzing different methods, researchers are also

recommended to compare and contrast various methods incorporated in delinquency

intervention to determine which are the most effective, and which are not.

3. It is also advised for researchers working in the field of underage delinquency

intervention to apply psychological techniques and use validated instruments in directly

gathering data from youth offenders under the custody of rehabilitation programs, and

their psychological state must be taken into consideration to prevent causing

impediments.

26
 BIBLIOGRAPHY

Ayala Foundation, Inc. (2013). Youth participation key to national development. Retrieved

March 18, 2017 from http://www.ayalafoundation.org/youth-participation-key-to-national-

development/

Bandura, A. (1997). Social learning theory. New York: General Learning Press.

Besing D.T. (2012). The juvenile law. Retrieved March 18, 2017 from

https://www.slideshare.net/daisybesing/the-juvenile-law-by-daisy-t-besing-discourse-paper.

Blanco, N. (2011). Krusada: Juvenile delinquency. Retrieved March 18, 2017 from

http://news.abs-cbn.com/current-affairs-programs/11/21/11/krusada-juvenile-delinquency.

Binder et al. (1988). Juvenile delinquency: historical, cultural, legal perspectives. University

of Michigan: Ann Arbor, Michigan. Retrieved February 2, 2017 from

https://books.google.com.ph/books/about/Juvenile_Delinquency.html?id=2EGxJesPdf4C&re

dir_esc=y.

Bradshaw, W. and Roseborough D.J. (2005). Restorative justice dialogue: The Impact of

Mediation and Conferencing on Juvenile Recidivism. Retrieved March 18, 2017 from

http://www.antoniocasella.eu/restorative/Bradshaw_2005.pdf

Bridges, J.W. (2012). A study of a group of delinquent girls. The Pedagogical Seminary and

Journal of Genetic Psychology, 34(2), 187-204.

Burgess, E. (1952). The economic factor in juvenile delinquency. Northwestern University:

Chicago, Illinois. Retrieved February 2, 2017 from

http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=3984&context=j

clc.

27
Colman, R.A. et al. (2009). Delinquent girls grown up: young adult offending patterns and

their relation to early legal, individual, and family risk. New York, New York: NYS Office of

Children and Family Services.

Darbouze, K. (n.d). Rehabilitative methods and the effect on juvenile delinquents. University

of Maryland: College Park, Maryland. Retrieved February 2, 2017 from

https://pdfs.semanticscholar.org/a406/a32c55c12776d39dee52ef57662b4cd5fc32.pdf.

Heimer, K. (1995). Gender, race, and the pathways to delinquency: an interactionist

explanation. Stanford, CA: Stanford University Press.

Huizinga, D. et al. (2004). Urban delinquency and substance abuse: initial findings: research

findings. Washington, D.C: Office of Juvenile Justice and Delinquency Prevention.

Retrieved February 2, 2017 from https://www.ncjrs.gov/pdffiles/urdel.pdf.

Laserna, M.J. and Mercader L.C. (2008). Philippine law and cases. Retrieved March 18, 2017

from http://attylaserna.blogspot.com/2008/06/juvenile-justice-and-welfare-act.html?m=1.

Lieb, R. (1994). Juvenile offenders: what works? The Evergreen State College: Olympia,

Washington.

Merriam-Webster. (2011). Juvenile delinquency. Retrieved February 2, 2017 from

https://www.merriam-webster.com/

McCandless, B.R. & McDavid, J.W. (1962). Psychological theory, research, and juvenile

delinquency. Journal of Criminal Law and Criminology 53(1), 1-14.

Morris, A.S. & Steinberg L. (2001). Adolescent development. Boulder, Colorado: Annual

Reviews. Retrieved February 2, 2017 from http://www.colorado.edu/ibs/jessor/psych7536-

805/readings/steinberg_morris-2001_83-110.pdf.

28
Nellis, A. (2012). The lives of juvenile lifers: findings from a national survey. Washington,

D.C.: The Sentencing Project. Retrieved February 2, 2017 from

http://sentencingproject.org/wp-content/uploads/2016/01/The-Lives-of-Juvenile-Lifers.pdf.

Philippine Daily Inquirer. (2015). Retrieved March 18, 2017 from

http://newsinfo.inquirer.net/709845/crimes-up-by-50-in-first-half-of-2015-pnp.

Philippine Daily Inquirer. (2016).RA 9344 only provides different process for child offenders

Retrieved March 18, 2017 from

http://opinion.inquirer.net/92760/ra-9344-only-provides-different-process-for-child-

offenders

Sabangan, A.R. (2011, October 9). Children in crime: Cracks in the country's juvenile justice

system. Interaksyon. Retrieved from http://www.interaksyon.com

Sahmey, K. (2013). A study on factors underlying juvenile delinquency and positive youth

development programs. National Institute of Technology: Odisha, India. Retrieved February

2, 2017 from http://ethesis.nitrkl.ac.in/4634/1/411HS1010.pdf.

Snyder, H. (2001). Juvenile Arrests 2001. Washington, D.C: Office of Juvenile Justice and

Delinquency Prevention.

The Urban Institute (1989), Comparison of Privately and Publicly Operated Corrections

Facilities in Kentucky and Massachusetts, Washington, D.C.

Unicef. Importance of investing in Children. Retrieved March 18, 2017 from

https://www.unicef.org/socialpolicy/index_53294.html

Unicef. Jail is no place for a child. Retrieved March 18, 2017 from

https://www.unicef.org/philippines/children/jj_1.html.

29
United Nations (2003). World youth report: the global situation of young people. New York,

New York: United Nations Reproduction Section. Retrieved February 2, 2017 from

http://sentencingproject.org/wp-content/uploads/2016/01/The-Lives-of-Juvenile-Lifers.pdf.

U.S. Department of Justice (n.d.). Risk factors for delinquency: an overview. Washington,

D.C: Office of Juvenile Justice and Delinquency Prevention. Retrieved February 7, 2017 from

https://www.ncjrs.gov/.

U.S. Department of Justice (2003). Risk and protective factors of child delinquency.

Retrieved February 2, 2017 from http://ethesis.nitrkl.ac.in/4634/1/411HS1010.pdf.

U.S. Department of Justice (1994). Understanding and preventing violence. Washington,

D.C: National Institute of Justice. Retrieved February 2, 2017 from https://www.ncjrs.gov/.

Verwijs, M.M. (1990). Juvenile justice in the Philippines- a personal experience. Retrieved

March 18, 2017 from https://www.scribd.com/doc/207681435/Juvenile-Justice-in-the-

Philippines.

30