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CHAPTER 1
The Problem and Its Setting

Introduction
Juvenile delinquency poses itself as a dilemma around the world. It

subsists in any part of a society. In a global scale, the number of children engaging

in breaking the law is seriously big. Various efforts for the prevention and

rehabilitation of young offenders have been made by countries for centuries.

Since the 1990s, youth crime rates have plummeted. This falling crime rates

have led many jurisdictions to rethink the punitive juvenile justice practices that

became popular in the 1980s and 1990s. Nowadays, states are instituting major

systemic reforms designed to reduce institutional confinement, close old

19th century era reform schools, and expand community-based interventions.1

However, it still remains a rampant issue even today.

Juvenile delinquency is a byproduct of modern urbanization and

industrialization. This issue requires a great amount of attention because it

involves various causes and effects. According to the United States Department

of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP), there

were a total of 32,655,677 10-18-year-old adolescents alive in the year 2009. In

that same year there were 1,906,600 arrests made that involved juveniles in that

same age range. These statistics show that juvenile delinquency is a problem to

society due to the high number of arrest and crimes being committed.2
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Young offenders are viewed as perpetrators. However, they are only victims

of the failures of the society. They break the law because they are often exposed

to difficult circumstances. They commit crimes as a means of survival. These

children are usually from poor families and have stopped schooling. They wanted

to get out of the dire situation they are in because of indigence. It must be the duty

and responsibility of a state to protect these children from being the young versions

of adult criminals.

In the Philippines, the term “Children in Conflict with the Law” is instead

being used to refer to young offenders for the term “juvenile delinquents” is quite

discriminatory. It has a separate criminal justice system in dealing with young

offenders which is not punitive in nature. Its objective is a restorative process by

means of appropriate rehabilitation programs. It has enacted laws for the

protection of these Children in Conflict with the Law and is one of the state parties

which is a signatory to the United Nations’ Convention on the Rights of the Child.

The Philippines is home to over 11,000 CICL as of 2009, the Juvenile

Justice and Welfare Council (JJWC) reported. These are children “accused or

adjudged of committing an offense under Philippine laws. It never gave much

thought to CICL until 2006 when the "Juvenile Justice and Welfare Act” or Republic

Act 9344 was passed. 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 are being arrested every year based

on the report of the Department of Social Welfare and Development (DSWD).3

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Now the state recognizes the “doctrine of parens patriae” in which the best

interest of a child is upheld. It has also created various programs for handling cases

of CICLs. There is a nationwide effort in the implementation of policies, programs

and laws that involve young offenders. Local Government Units which are an

essential component on the prevention and reintegration programs to lessen

children’s risk of recidivism are required by the law to manage in the proper

handling of cases of CICLs.

Crime committed by young people is mainly an urban phenomenon.

Evidence shows that the probability of being a victim of crime and violence is

substantially higher in urban areas than in rural areas.4 Albay is a no exception to

this as it is one of the highly-urbanized provinces in the country. The Philippine

National Police Region 5 has reported that Albay has registered highest crime

rates involving “Children in Conflict in Law” in Bicol Region in the recent years.

The researchers have chosen Albay as the place of study for that

aforementioned reason. The researchers wanted to know why juvenile crimes is

most rampant in this area among other provinces in the region. This is for the

researchers to be able to establish facts that would lead to the determination in the

handling of cases of CICLs and recommendations for the proper rehabilitation of

these young offenders.

“Each province and highly-urbanized city shall be responsible for building,

funding, and operating a ‘Bahay Pag-asa’ within their jurisdiction following the

standards that will be set by DSWD and adopted by the Juvenile Justice and

Welfare Council (JJWC).”5 Another reason is that the researchers found out that
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there is no “Bahay Pag-asa” available yet in the region. Through the study, the

researchers aim to show that such institution is highly necessary in the prevention

of juvenile crimes not only in Albay but in the whole Bicol Region. The researchers

would like to be one of the agents in the protection of children and in building a

nation where children are free from nightmares of delinquency.

Statement of the Problem

This is a study delves on the preparedness of the Provincial Government of

Albay in cases of Children in Conflict with Law (CICL) by determining what

measures are being undertaken when it comes to handling such cases.

Specifically, this study sought to answer the following questions:

1. What is the status of the Provincial Government of Albay in handling

cases of CICL in terms of:

a.) Local legislation;

b.) Budget;

c.) Manpower; and

d.) Facilities

2. What is the preparedness of the Province of Albay in handling cases of

CICL?

3. What are the problems encountered by the concerned offices in handling

cases of CICL?

4. What strategies were employed by the offices in handling cases of

CICL?
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Scope and Delimitation

This study focused on the preparedness of the Provincial Government of

Albay when it comes to cases involving Children in Conflict with Law (CICL). It is

also focused on how the LGU works hand in hand with the coordination of different

agencies in handling cases of CICL. This study was limited to knowing what laws

are governing these cases, the budget allotted for CICL cases, the procedures that

these cases undergo, the problems regarding handling of these cases, and the

rehabilitation institutions available in the Province of Albay.

The respondents of the study were the following: seven social workers from

MSWDO/CSWDO of the municipalities or cities which were selected through

fishbowl method, a social worker III represented the chairman of the Regional

Juvenile Justice and Welfare Committee (RJJWC), a social worker from the

Provincial Social and Welfare Development Office (PSWDO), the head of the

Provincial Legal Office, seven police officers from the Women and Children

Protection Desk (WCPD) of the PNP, the OIC head of the Provincial Prosecutor’s

Office, and the head of the Regional Rehabilitation Center for Youth (RRCY).

This study covered the periods from 2010 to 2016 and the data gathering

period from March 2017 to October 2017. It used the qualitative research method

with interview, fishbowl method and documentary analysis as the methods of

gathering data. It did not include the causes of juvenile delinquency and the

involvement of children in conflict with law and the effects of it to the society. It also

did not include among its respondents the parents of the CICL and the CICL itself.

It was conducted within the province of Albay only.

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Significance of the Study

The result of the study would be beneficial to the following:

Provincial Government of Albay. This study may serve as an avenue for

them to check if the measures that they undertake in handling cases of CICL are

enough and sufficient.

Philippine National Police (PNP). This study may enlighten them how to

improve their handling of cases of CICL in their jurisdiction. It can also aid them in

the proper implementation of programs involving CICL.

Involved Government Agencies/Offices. This study will be able to

present the problems that these agencies encounter and present possible

solutions as well. It will help them in establishing ways on how to work together

efficiently.

Various Non-Governmental Organizations (NGOs). This study will be

able to provide information that will help understand the challenges that the LGU

experiences when handling cases of CICL and give them ideas how they can help

in solving these challenges.

Youth and their Parents. This may serve as a reference in future cases

wherein a child gets involved in criminal activities. This may help them whenever

they doubt the procedures they are undergoing.

Political Science Students. This is a good source of information when it

comes to criminal procedures involving CICL, which they may encounter on the
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course of their studies. This will enable them to develop an ideal level of awareness

and understanding regarding the social and political problems in the society.

Future Researchers. This will serve as a basis or reference for other

researches whose topics are in line with this study.

NOTES

1http://www.americanbar.org/content/newsletter/publications/gp_solo_mag

azine_home/gp_solo_magazine_index/juveniledelinquency.html
2 http://www.cjcj.org/education1/juvenile-justice-history.html
3 http://www.rappler.com/move-ph/issues/hunger/78690-children-conflict-

law
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4 http://www.rappler.com/move-ph/issues/hunger/78690-children-conflict-

law
5http://www.gov.ph/2015/06/05/dswd-pushes-for-establishment-of-more-
bahay-pag-asa-for-children-in-conflict-with-the-law/