RESEARCH ON THE SITUATION
OF CHILDREN IN CONFLICT WITH THE LAW
IN SELECTED METRO MANILA CITIES
Adhikain Para sa Karapatang Pambata
Ateneo Human Rights Center
RESEARCH ON THE SITUATION
OF CHILDREN IN CONFLICT WITH THE LAW
IN SELECTED METRO MANILA CITIES
Adhikain Para sa Karapatang Pambata
Ateneo Human Rights Center
This report forms part of the CD-ROM entitled, “BREAKING RULES: Children in Conflict
with the Law and the Juvenile Justice Process, The Experience in the Philippines.”
Published by:
Save the Children UK
3/F FSS Building 1
89 Scout Castor Street, Quezon City, Philippines
Copyright 2004
Save the Children – UK
Philippines Programme
This material is copyright but may be reproduced by any method without fee or prior
permission for teaching purposes, but not for resale. For copying in any other circumstances,
prior written permission must be obtained from the publisher, and a fee may be payable.
Research Team
Project Director:
Maria Glenda R. Ramirez
Project Coordinators: Yvette C. Tenefrancia
Nelda Erynn P. Torio
AKAP Director:
Ana Janet F. Suñga
Consultants:
Prof Jeffry Tejada
Prof Maria Cristita Mallari
Dr Ma. Louisa Carandang
Violeta Cruz
Atty Roselle Tenefrancia
Atty Araceli Habaradas
Contributing Writers:
Atty Tricia Clare Oco
Atty Roselle Tenefrancia
Atty Araceli Habaradas
Atty Amparita S. Sta. Maria
Editors:
Atty Maria Victoria V. Cardona
Atty Claire P. Hipolito
Technical editing:
Wilma T. Bañaga
Design and layout:
Dok Pavia
Save the Children UK is a member of the International Save the Children Alliance, the
world’s leading independent children’s rights organisation, with members in 27 countries and
operational programmes in more than 100 countries.
Save the Children works with children and their communities to provide practical assistance
and, by influencing policy and public opinion, bring about positive change for children.
ii
Save the Children – UK
Acknowledgments
A research of this magnitude and intricacy cannot be accomplished without
the assistance, encouragement and support of many people. Throughout the
preparation of this project, the research team has relied on a great number of
individuals, without whom its completion would have been impossible. Thus, it
wishes to acknowledge the following for their specific contributions:
Save the Children UK, for its financial support and technical inputs for this
project since its inception, for the staff’s patience and understanding, and for
bearing with us through the delays encountered with the work.
The steadfast support, friendship and inspiration throughout this project from
the lawyers of the Ateneo Human Rights Center (AHRC), namely, Carlos P.
Medina, Jr. (Executive Director), Atty. Sedfrey M. Candelaria, Amparita S. Sta.
Maria, Maria Aleli R. Domingo-Bernardino, Myrfi S. Gonzalez, Clarinda P. Hipolito,
Minerva Tan, Gilbert V. Sembrano and Ray Paolo J. Santiago. They provided
encouragement and moral support in the course of the research.
The AHRC staff--Ms. Carmelita D. Santos and Ms. Evangeline B. Riosa, for their
technical and moral support; and Mr. Reuben R.Verdejo and Mr. Rodelio M.
Ernacio for always being there to patiently help us run our errands.
The Ateneo Professional Schools (APS) for providing us the venue to present
the focus group discussions, interview trainings and initial findings of the study.
The project consultants, for their valuable critique, initial inputs and suggestions.
We are grateful to Professor Ma. Cristita Mallari, for her helpful insights
and commentary; to Professor Jeffry Tejada, who provided the statistical
interpretation and analysis of our gathered data; and to Dr. Ma. Louisa
Carandang, Ph.D. and Mrs.Violeta Cruz, for providing invaluable approach and
shared experiences during the project. We are especially grateful to Atty.
Roselle Tenefrancia, who helped interview the children in conflict with the law
and the components of Manila’s family courts. She also provided invaluable
assistance in the writing of this paper as a sounding board and a critic as we
brainstormed the interpretation and conclusions.
The Family Courts, Prosecutors, Public Defendants, Social Workers, Bureau
of Jail Management and Penology (BJMP) Officials, the police, probation and
barangay officers. They supported the project’s aim and discussed issues
regarding the situation of CICL and for their warm welcome and comfortable
accommodation during the interview and data gathering phase of our study.
Our thanks also extend to our friends in the private sector who have given
access to relevant data and information.
Save the Children – UK
iii
Ms. Marah Candy Aguilar and Ms. Toni Ann San Agustin, who both helped
tremendously in compiling the court cases of CICL in all the family courts of
the project’s five key cities; Mr. Ferdinand Diño, for helping amass the collection
of research materials used in the study of related literature; Mr. Gonzalo Go
III, Ms. Ivy Angelli Rosales, Mr. Fritz Ritchie Avila and Ms. Angelisa Razo, for their
invaluable assistance in the tabulation of the interview results.
We would like to specifically acknowledge the following individuals for their
assistance and for their substantial contributions during the interview phase.
We appreciate the time and effort each of them has put into this study that
contributed towards the completion of this research project:
Blessie Abad, Rommel Alim Abitria, Scarlette Rose Abragan,
Joel Aguirre, Xilca Alvarez, Pia Alvendia, Marie Amular -Angeles, Annang Heather
Anoñuevo, Reginald Thomas, Antonio Salvador Jr., Denise Jordan Arenillo, Maria
Victoria Awid, Dexter Balot, Jeri Alanz Banta, Angelica Benedicto, Ferdinand
Benitez, Ria Berbano, Dexter Bernades, Elizabeth Bingas, Christine Bio, Janina
Bustos, Cristina Cabrera, Edelyn Cadapan, Mary Caniba, Ameera Capay, Maria
Angelica Capili, Paola Cardenas, Lovely-Ann Carlos, Ma. Jasmin Casaje, Eleazar
Castillo, Charisse Jen Choa, Rhoda Cisnero, Claire M. Clementir, Philson Co,
Christina Codilla, Diana Dare, Philip De Jesus, Linabelle De Venecia, Ma. Gemma
Dee,Yola De La Cruz, Franklin Del Castillo, Christopher Delos Reyes, Amylex
Depano, Anel Diaz, Katrina Pia Diaz, Ferdinand Diño, Jen Dinopol, Warren Dy
Chua, Mylene Eguilos, Mark Leinad Enojo, Michelle Ann Erum, Ma. Cristina
Espinosa, Laurice Esteban, Jose Eduardo Genilo, Gonzalo Go III, Mahlene
Go, Margaret Ann Go, Jinky Guevarra, Raffy Guina, Cyril Eugene Hermoso,
Claire Hernandez, Jennifer Hernandez, Ma. Cristina Hipolito, George Hipolito,
James Imbong,Veronica Inoturan, Chris Lawrence Isidro, Erika Jimenez, Rhoda
Jimenez, Christine Jolo, Charmane Kanahashi, Archelle Lagsub, Franco Paolo
Lasam, Patrick Lauron, Jojo Leagogo, John Lee, Monica Ley, Joey Linsangan,
Aaron Litonjua, John Paul Loo, Joseph Lopez, Beryl Macabaya, Francis Maynard
Maleon, Clarissa Aeaea Mallari, Fernando Maronilla, Julie Mercurio, David Craig
Meregillano, Sheila Monedero, Ronald Monera, Tony Roberts Moreno, John Paul
Nabua, Gian Navarro, Freedom Navidad, Tom Jayson Ngo, Trinie Anne Nieva,
Rester John Nonato, Carissa Agnes Olmedo, Dean Oriñas, Regina Maria Ozoa,
Ana Rosario Padua, Ivy Pagdanganan, Maria Sophia Palmagil, Deborah Paraiso,
Ronnie Ray Paraiso, Gene Vincent Perez, Nancy Prodon, Rachel Punzalan,
Katrina Puzon, Leah Glenda Quesada, Emmalyn Ramirez, Christine Antoinette
Ramos, Richie Avigale Ramos, Maria Greta R. Resurreccion, Joan Pauline Reyes,
iv
Save the Children – UK
Culbert Reynes, Alexander Paul Rivera, Angelito Maria Rivera, Maria Lourdes
Rivera, Mitchelle Rivera, Ivy Angelli Rosales, Ryan Jay Roset, Ramayana Saidamen,
Gemini Sandoval, Gigi Santos, Carmine Eliza Serrano, Christian Sia, John Philip
Siao, Carla Silverio, Mike Singson, Rowena Soriano, Abigail Suarez, Marinela
Tablang, Mark Eusebio Taguinod, Angelo Tan, Brynda Tan, Christine Joy Tan,
Katrina Tan, Lydia Tan-Paredes, Annalyn Tayag, Mark Jose Tiaoqui, Regie Tongol,
Gian Carlo Trinidad, Sherwin Tugna, Ma. Perpetua Unico, Ruth Nicole Ureta,
Enrique Uy, Jill Christine Uy, Jonathan Uy,Voltaire Uy, Alzeena Vasquez, Racquel
Sienna Vergara, Giovanni Vidal, Rafael Yap, Patricia Ycasiano, Felina Yu, and Karen
Yu.
Most of all, we thank our families whose moral support and encouragement
saw us through as we faced obstacles in the completion of this project; for
their understanding and care even when they suffered an intolerable invasion of
our family time; for their forbearance in having to tolerate our arriving home
very late at night; for keeping out of our way as we continue our office work
at home; and for the affection and support as we tackled the details of the
research.
In the realisation of this project, the members of the research team acquired a
great deal of insight, understanding, and awareness of the situation of children
in conflict with the law.
Save the Children – UK
v
Contents
Acknowledgements
iii
List of Tables
ix
List of Figures
xiv
Acronyms and Abbreviations
xv
Local Terms Used
xvi
1
Introduction
1
Objectives of the Study
Framework of the Study
Scope and Limitations of the Study
2
Methodology
4
Interviews with the Five Pillars
Interviews with Children in Conflict with the Law and Case Studies
Review of Family Court Cases
Other Document Researches and Reviews
Methods of Validation
3
Summary of Related Studies
15
4
International and National Laws Related
to Children’s Justice
22
Criminal Responsibility
Deprivation of Liberty
Capital Punishment and Life Imprisonment
Procedure Related to Children’s Justice
vi
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The Child Enters the Law Enforcement Pillar
The Child Enters the Prosecution Pillar
The Child Enters Court Level
The Child Enters the Correction Pillar
The Child Enters the Community
Discussion of Some Relevant Laws Affecting CICL
5
City and Barangay Ordinances and Resolutions
48
Background
Overview of Legislative Measures
Penal Ordinances
Non-Penal Legislative Measures
Analysis
Survey of Local Ordinances in the Cities of Kalookan,
Manila, Parañaque, Pasay and Quezon City
6
Profile of Children in Conflict with the Law
99
Personal Profile
Legal Profile
7
Observance of Laws
120
Community
Law Enforcement
Court and Prosecution
Bureau of Jail Management and Penology Officials and House Parents
Probation
City Social Workers
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vii
8
Diversion
164
Basis
Views and Practice of the Five Pillars
9
Summary
174
Profile of the Child in Conflict with the Law
Community Pillar
Law Enforcement Pillar
Court and Prosecution
Correction Pillar
Probation
City Social Workers
Diversion
10 Recommendations
184
Community Level
Law Enforcement
For all Pillars
viii
Save the Children – UK
Endnotes
188
Case Studies
211
List of Tables
2.1.
Number of respondents interviewed from the five pillars of justice
4.1.
Degree of criminal responsibility by age
4.2.
Evolution of policy setting the minimum age of criminal responsibility
4.3.
Period of time a child must be delivered to proper judicial authorities by type of offence
4.4.
Penalty for theft by value of property stolen
5.1.
Penal ordinances affecting children, Caloocan City
5.2.
Penal ordinances affecting children, Manila City
5.3.
Non-penal ordinances affecting children, Manila City
5.4.
Other ordinances affecting children, Manila City
5.5.
Penal ordinances affecting children, Parañaque City
5.6.
Non-penal ordinances affecting children, Parañaque City
5.7.
Penal ordinances affecting children, Pasay City
5.8.
Non-penal ordinances affecting children, Pasay City
5.9.
Penal ordinances affecting children, Quezon City
5.10.
Non-penal ordinances affecting children, Quezon City
5.11.
Penal ordinances affecting children, Caloocan: Barangay 46, Zone 4, District II
5.12.
Non-penal ordinances affecting children, Barangay 46, Zone 4, District II, Caloocan City
5.13.
Non-penal ordinances affecting children, Barangay 102, Zone 2,, District II, CalooCan City
5.14.
Penal ordinances affecting children, Barangay Zone 74, District V, Paco, Manila
5.15.
Non-penal ordinances affecting children, Zone 55, District IV, Manila
5.16.
Penal ordinances affecting children, Barangay 67, Zone 6 District 1, Manila
5.17.
Penal ordinances affecting children, Barangay Pinyahan, Quezon City
5.18.
Penal ordinances affecting children, Barangay Masambong, Quezon City
5.19.
Non-penal ordinances affecting children, Barangay Masambong, Quezon City
6.1.
Distribution of cases filed in all family courts in respondent cities by city, 2001-2002
6.2.
Distribution of cases filed in family courts in the cities covered by branch, 2001-2002
6.3.
Distribution of cases by age, 2001-2002
6.4.
Distribution of cases by place of residence
6.5.
Distribution of cases who indicated their education by educational attainment
6.6.
Distribution of cases with records regarding family background by status of parents’ relationship
6.7.
Distribution of cases by mother’s occupation
6.8.
Distribution of cases by father’s occupation
6.9.
Distribution of working children by occupation
6.10.
Distribution of cases by the child’s being married or living in with a partner
6.11.
Distribution of cases by membership in gangs
6.12.
Distribution of gang members by gang
6.13.
Distribution of cases by whether or not they have case studies in their records
6.14.
Distribution of cases by type of crime
6.15.
Distribution of female children by type of crime
6.16.
Distribution of children with drug-related offences by type of drugs commonly used
Save the Children – UK
ix
6.17.
Types of items stolen
6.18.
Distribution of cases of children with weapons by type of weapon
6.19.
Distribution of cases of crimes against persons where the complainant is a child
6.20.
Distribution of cases involving sex offences where the complainant is a child
6.21.
Distribution of cases by city and area
6.22.
Distribution of cases by place where crime was committed
6.23.
Distribution of cases with co-accused by the relationship of the co-accused with the child
6.24.
Distribution of cases by arresting officer
6.25.
Distribution of cases of children who were arraigned and with plea by type of plea
6.26.
Distribution of arraigned cases by length of time between arrest and arraignment
6.27.
Distribution of cases of children with legal representation by counsel
6.28.
Distribution of cases of children by location
6.29.
Distribution of cases of children in rehabilitation centres by centre
7.1.
Knowledge of barangay ordinances (from 1990 onwards) relating to CICL
7.2.
Presence of a BCPC in the barangay
7.3.
Year when the BCPC was established in barangays where these are present
7.4.
Whether or not the BCPC is functional in barangays where a BCPC is present
7.5.
Presence of a representative for the youth in the BCPC in barangays where a BCPC is present
7.6.
Age of the youth representative in the BCPC
7.7.
Committees within the BCPC
7.8.
Presence of a Committee for the Protection of Children in Especially Difficult Circumstances/Children in Need of Special Protection
7.9.
Current programmes of the BCPC for the prevention of children coming into conflict with law
7.10.
Steps/programmes taken by the BCPC for assisting parents and children with behavioural problems
7.11.
Availability of a holding cell [temporary jail until accused is transferred to the city jail] inside the barangay hall
7.12.
Availability of a separate holding cell for CICL
7.13.
Availability of separate holding cells for male and for female CICL
7.14.
Availability of current programme/s for the reintegration/ rehabilitation of CICL in the community
7.15.
Programme/s for the reintegration/ rehabilitation of CICL in the community
7.16.
Whether or not the law enforcer introduces him/herself to the CICL
7.17.
Official identification presented to the CICL
7.18.
Whether or not the law enforcer informs the CICL of the reason for his/her apprehension/custody
7.19.
When the CICL is informed of the reason for his/her apprehension/custody
7.20.
Persons and government agencies notified upon contact with CICL
7.21.
Whether or not the CICL is taken to an available government medical or health officer for a physical examination
7.22.
Whether or not the CICL is taken to an available government medical or health officer for a mental examination
7.23.
Whether or not the CICL is detained in quarters separate from those of the opposite sex
7.24.
Whether or not the CICL is detained in quarters separate from those of adult offenders
7.25.
Agency where the CICL is turned over
7.26.
Whether or not the law enforcer conducts investigation of the child
7.27.
Whether or not the law enforcer conducts investigation alone with the CICL
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Save the Children – UK
7.28.
Person who usually accompanies the CICL during investigation
7.29.
Whether or not the law enforcer gets the child’s fingerprints
7.30.
Whether or not the fingerprint files of CICL are kept separate from those of adults
7.31.
Whether or not the law enforcement office photographs CICL
7.32.
Whether or not the photograph files of CICL are kept separate from those of adults
7.33.
Whether or not the law enforcement office removes and destroys the fingerprint or photograph files if the case against the CICL is not filed
or dismissed
7.34.
Whether or not the law enforcement office remove and destroy the fingerprints/photograph files when the CICL reaches 21 years of age and
there is no record that he committed an offence after reaching 18 years of age
7.35.
Whether or not the law enforcement office keeps separate blotters for CICL
7.36.
Whether or not the law enforcement office keeps separate records for CICL
7.37.
Whether or not the family court has special considerations/programmes for CICL
7.38.
Special considerations/programmes for CICL
7.39.
Whether or not the family court conducts disposition conferences
7.40.
Whether or not the family court already has a diversion committee
7.41.
Whether or not the family court practises diversion proceedings under the Rules on Juveniles in Conflict with the Law
7.42.
Specific programmes for diverted CICL
7.43.
Instances when the family court appoints a guardian ad litem for a CICL
7.44.
Whether or not the court allows the exclusion of the public from trial of CICL cases
7.45.
Special circumstances when trials involving CICL are held in private
7.46.
Whether or not there are specific days assigned for the trial ONLY of CICL (to the exclusion of other criminal cases)
7.47.
Terms used by lawyers and court officers in family courts to refer to CICL
7.48.
Measures taken to protect the confidentiality/privacy of the CICL (from the time of filing up to the termination of the case)
7.49.
Whether or not male CICL are separate from female CICL
7.50.
How to ensure that the CICL has a valid commitment order issued by competent authority
7.51.
Whether or not there are rules and regulations in the detention facilities
7.52.
Whether or not there are separate rules and regulations for CICL
7.53.
Whether or not the CICL is provided with a copy of the rules and regulations mentioned
7.54.
Whether or not CICL undergo medical examination upon admission to the detention facility
7.55.
Whether or not there is an interpreter available for CICL who do not understand the language used by detention personnel
7.56.
Whether or not the office keeps separate records for CICL and adults
7.57.
How confidentiality of the CICL’s records is maintained
7.58.
Whether or not CICL are allowed to contest their file/record
7.59.
Procedure for contesting files/records of CICL
7.60.
Whether or not CICL are provided with separate, sufficient and clean bedding
7.61.
Whether or not CICL are allowed to use their own clothing
7.62.
Whether or not CICL are allowed to possess personal effects
7.63.
Amount allotted per day for the food of the CICL
7.64.
Whether or not the CICL are provided opportunity to continue their education
7.65.
Whether education is conducted inside or outside the institution
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xi
7.66.
Level of education the CICL are allowed to finish
7.67.
Type of vocational training available to CICL
7.68.
Type of training and seminars CICL have access to
7.69.
Availability of a library inside the detention centre
7.70.
Whether or not religious services are allowed inside the detention centre
7.71.
Whether or not the CICL are given the right to receive visits from a representative of the religion of their choice
7.72.
Types of medical care available to the CICL
7.73.
Whether or not the CICL are allowed to communicate with families and friends through letters
7.74.
Whether or not the CICL are allowed to communicate with families/friends through the telephone
7.75.
Whether or not CICL are allowed to visit their homes and families
7.76.
Whether or not the CICL have access to television
7.77.
Whether or not the CICL have access to newspapers
7.78.
Distribution of responses by observed behaviour of detention personnel when relating to CICL and frequency of the behaviour
7.79.
Type/kind of disciplinary measures generally imposed inside the detention centre
7.80.
Type/kind of disciplinary measure imposed on CICL inside the detention centre
7.81.
Provision of follow-up services after the release of CICL
7.82.
Type of follow-up services provided by the institution
7.83.
Type of personnel in the detention centre
7.84.
Penalties imposed on CICL who have tried to escape or who escaped but were later on recaptured
7.85.
Procedure followed when there is an allegation of abuse of one CICL by another
7.86.
Procedure followed when there is an allegation of abuse of a CICL by an official of the detention centre
7.87.
Personnel in charge of investigating allegations of abuse committed against CICL
7.88.
Frequency by which judges visit the detention centre
7.89.
Whether or not respondents knows of minors [at the time of commission and promulgation] who availed of probation
7.90.
Whether or not the minority of the applicant at the time of the commission of the crime is a positive factor in granting the application for
probation
7.91.
Conditions under the Probation Law of 1976 that are often violated by CICL
7.92.
Observed effect of probation on CICL compared with adult offenders who were also granted probation
7.93.
Whether or not there is a difference between the programme of CICL and adult offenders granted probation
7.94.
Presence of a separate facility established for instruction, recreation or residence of persons on probation who were minors at the time of
commission of the crime
xii
7.95.
Total number of city social workers and those working with CICL by city
7.96.
Stages in the criminal justice system where social workers get involved in the case of CICL
7.97.
Specific assistance provided by the city social worker to CICL
7.98.
How the city social worker gets involved in the case of CICL
7.99.
Persons or agencies who made referrals to the city social worker
8.1.
Distribution of responses regarding whether or not all CICL should be diverted from the criminal justice system by pillar
8.2.
Considerations for diversion
8.3.
Distribution of responses by Level where diversion should occur and by pillar
8.4.
Distribution of responses by whether or not the respondent personally practises diversion and by pillar
Save the Children – UK
8.5.
Distribution of responses by whether or not the respondent’s colleagues practise diversion and by pillar
8.6.
Distribution of responses by considerations in the practice of diversion
8.7.
Distribution of responses by whether or not the pillar of justice has an official diversion programme and by pillar
8.8.
Distribution of responses by the average number of CICL diverted in a month and by pillar
8.9.
Distribution of responses by the average number of CICL diverted in a year and by pillar
8.10.
Distribution of responses by factors in the decision to divert CICL and by pillar
8.11.
Other factors considered in diversion
8.12.
Distribution of responses by whether or not to involve the CICL in the decision to divert him/her and by pillar
8.13.
Considerations in involving the CICL in the decision to adopt diversion
8.14.
Distribution of responses by whether or not the respondent or his/her office does follow-up with the children and by pillar
8.15.
Distribution of responses by considerations in doing follow-up
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xiii
List of Figures
Figure 2.1.
Figure 2.2.
Figure 2.3.
Figure 2.4.
Figure 2.5.
Figure 2.6.
Figure 2.7.
Figure 2.8.
Figure 2.9.
Figure 2.10.
Figure 2.11.
Figure 2.12.
Figure 2.13.
Figure 2.14.
Figure 6.2.
Figure 6.3.
Figure 6.4.
Figure 6.5.
Figure 6.6.
Figure 6.7.
Figure 6.8.
Figure 6.9.
Figure 6.10.
Figure 6.11.
Figure 6.12.
Figure 6.13.
Figure 6.14.
Figure 6.15.
Figure 6.16.
Figure 6.17.
Figure 6.18.
Figure 6.19.
Figure 8.1.
xiv
Distribution of tanod respondents by city
Distribution of barangay respondents by sex
Distribution of tanod respondents by city
Distribution of tanod respondents by sex
Distribution of respondents from law enforcement by city
Distribution of respondents from law enforcement by sex
Distribution of respondents from the court and the prosecution by city
Distribution of respondents from the court and the prosecution by sex
Distribution of BJMP respondents and house parents by city
Distribution of BJMP respondents and house parents by sex
Distribution of probation officer respondents by city
Distribution of probation officer respondents by sex
Distribution of city social workers respondents by city
Distribution of city social workers respondents by sex
Top five cities of last residence
Educational attainment
Family background
Parental custody
Work of a child
Children with case studies in their records
Crimes charged against children
Charges filed against female children
Type of drugs
Items stolen
Deadly weapon
Place where crime was committed
CICL with co-accused
Relationship of co-accused to the child
Arresting officers
Status of the case
CICL with counsel
Location of child
The diversion process
Save the Children – UK
Acronyms and Abbreviations
AKAP
AusAID
BADAC
BJMP
BSDO
CICL
CSWO
DILG
DOH
DOJ
DSWD
ECCD
EO
FGD
ICCSE
JDL
JDRC
JICL
LGU
MYRC
NCR
NGO
NTSB
PAO
PAYO
PD
PNP
QC
QCCPC
RPC
RA
RRAPIYO
SC-UK
SPSS
SSCD
SK
SSDD
UN CRC
UNICEF
UP
VHS
Adhikain Para sa Karapatang Pambata
Australian Agency for International Development
Barangay Anti-Drug Abuse Council
Bureau of Jail Management and Penology
Barangay Security and Development Office
children in conflict with the law
City Social Welfare Office
Department of Interior and Local Government
Department of Health
Department of Justice
Department of Social Welfare and Development
Early Childhood Care and Development
Executive Order
focus group discussion
Inter-City Committee on Street Education
Juveniles Deprived of their Liberty
Juvenile and Domestic Relations Court
juveniles in conflict with the law
local government unit
Manila Youth Reception Center
National Capital Region
non-government organisation
National Training School for Boys
Public Attorney’s Office
Philippine Action for Youth Offenders
Presidential Decree
Philippine National Police
Quezon City
Quezon City Council for the Protection of Children
Revised Penal Code
Republic Act
Rules and Regulations on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders
Save the Children-United Kingdom
Statistical Package for the Social Sciences
Social Services and Counselling Division
Sangguniang Kabataan
Social Services and Development Department
United Nations Convention on the Rights of the Child
United Nations Children’s Fund
University of the Philippines
video home system
Save the Children – UK
xv
Local Terms Used
bagansiya
vagrancy
barangay tanod
village police
barangay
village or community
barkada
group of friends or peer group
batuta
night stick
carinderia
small eatery or food stall
katarungang pambarangay
barangay justice
Katarungang Pambarangay Law village justice system
Kristo
literally translated as “Christ” in English, it refers to the bet collector in cockfights
liga ng mga barangay
league of barangays
lupon tagapamayapa
peace-and-order committee
palarong barangay
village sportsfest
panglungsod na
pederasyon ng mga
sangguniang kabataan
city federation of youth councils
pangkat ng tagapagkasundo
conciliation panel
pasalubong
food or gift brought by visiting relatives or a member of the family who has come home to other
members of the family
punong barangay
barangay chair
rugby
coined word for a type of commercial adhesive
sampaguita
small white fragrant flowers found throughout Southeast Asia
sanggunian
barangay council
Sangguniang Kabataan
youth council
Sangguniang Panglungsod
city council
shabu
popular name for metampethamine hydrochloride, an illegal drug
sumpak
homemade gun
takal
being beaten with a 2” x 2” piece of wood
watusi
refers to dancing fire crackers, which are very popular among young children in the Philippines
xvi
Save the Children
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
1 Introduction
All children in conflict with the law in the Philippines are afforded appropriate protection measures as
provided for by the United Nations Convention on
the Rights of Children (UN CRC) and other relevant
international instruments on juvenile justice that will
promote their dignity and worth as persons and become active participants of social change.
This is the stated goal of the Children’s Justice Programme of Save the Children-United Kingdom
(SC-UK), the design of which is based on the principles of children’s rights and restorative justice. The
Programme recognises that the concept of children’s
justice needs to be refined. Programme advisers from
the SC-UK headquarters noted the lack of primary data
to support the assumptions in the initial programme
design. Review of related literature further revealed the
lack of in-depth studies and information that focus on
the Philippine legal system and the five pillars of the
criminal justice system, namely, the community, the
police, the courts, prosecution and correction. These
are information that would have an impact on the
analysis of the needs of children in conflict with the
law (CICL) with regard to their rights.
This research project on the situation of children in
conflict with the law in selected cities in Metro Manila
was conceptualised in order to assist SC-UK and its
partners in defining their advocacy agenda on CICL at
the local and national levels and help clarify SC-UK’s
programme direction, strategies, areas of coverage and
target participants. Through quantitative and qualitative information collected in this project, major gaps
and abuses that occur in the administration of justice
to CICL were identified and corresponding analysis
and recommendations were formulated.
The project also gave emphasis on the protection
measures given to children in conflict with the law
through diversion at the different levels of the criminal
justice system. Diversion is an essential component of
children’s justice, with the purpose of preventing and
minimising the children’s entry into the criminal justice
system. The promulgation of the Rule on Juveniles in
Conflict with the Law by the Supreme Court in 15
April 2002, which provides for diversion in the court
level, requires a review of it relevant provisions. The
provisions of the Katarungang Pambarangay (barangay1
or village justice) Law as it applies to CICL are likewise
analysed in relation to diversion.
Objectives of the Study
In general, the project aims to establish the situation
of children in conflict with the law within the context
of the criminal justice system and identify the major
gaps and abuses that occur within the system.
Specifically, the project aims to achieve the following
objectives:
1. Generate and analyse the following quantitative
data on the situation of children in conflict with
the law:
a. Number of children arrested;
b. Arresting officers;
c. Sex of children arrested;
d. Type of offences committed;
e. Number of repeat offenders;
f. Number of children in custody;
g. Number of cases the police sent to the
prosecutor;
h. Number of cases the prosecutor filed in
courts;
i. Number of cases the court sentenced;
j. Length of sentence;
Save the Children – UK
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
k. Period of detention pending trial;
l. Disposition measures practiced by the
prosecutors and courts;
m. Whether children’s cases are heard separately
from adults;
n. Number of children sent for mediation;
o. Whether children are separated from adults
in police cells; and
p. Other relevant information.
2. Generate and analyse qualitative data on the situation of CICL;
3. Describe the processes in administering children’s
justice at the five pillars of the criminal justice
system;
4. Establish the various stages in the justice system
CICL are in;
5. Understand better the impact of the criminal
justice system by seeking the views of children
who have been directly affected by it;
6. Establish trends in offences committed by CICL
at least two years backward; and
7. Recommend ways by which SC-UK and the
partners can most strategically assist in sustainably diverting children from the criminal justice
system.
Framework of the Study
The project has its foundation in SC-UK’s commitment to safeguard children, specifically in the following
values and principles:2
• The abuse and exploitation of children happens
in all countries and societies across the world.
• All child abuse involves the abuse of children’s
rights.
• The situation of all children must be improved
through the promotion of their rights as set out in
the UN CRC. This includes the right to freedom
from abuse and exploitation.
• Child abuse is never acceptable and a commitment to children’s rights in general also means
a commitment to safeguard the children with
whom SC-UK is in contact.
As a State Party to the UN CRC,3 the Philippines has
the obligation to protect children from any form of discrimination and to take positive action to promote the
rights set forth under the Convention. At the legislative
level, there were efforts to harmonise national laws and
policies on children with the Convention through the
enactment of new laws and the amendment of existing
ones. National and local laws that deal in general or
specifically with children in conflict with the law are
also discussed.
The focus of the project is on the legal process within
the five pillars of the criminal justice system, from
the community up to the correction level. Given the
existence of specific laws for the administration of the
criminal justice system for children, the project aims
to identify whether there are gaps and problems, both
in the law itself and in its application by the pillars,
and if there are, specify such gaps and problems. The
rights of children provided in the Convention serve as
the framework of the corresponding analysis.
2
Save the Children – UK
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Scope and Limitation of the Study
The project covered the following cities in Metro
Manila: Caloocan, Pasay, Manila, Parañaque and
Quezon City. The cities were chosen based on the high
incidence of children arrested in such areas; the number of family courts in the cities; and the existence of
nongovernmental organisations working with CICL.
In each city, the researchers visited barangays, police
stations and police community precincts, family courts,
office of public prosecutors and public defenders,
Parole and Probation Office, the Bureau of Jail Management and Penology (BJMP), the City Social Welfare
Office (CSWO), and city jails and youth detention
centres to conduct interviews with representatives of
the five pillars. For the interviews, children detained
in the National Training School for Boys in Tanay and
Marillac Hills in Alabang were also included. Thirty
five children were interviewed and ten interview results
were selected for inclusion in the case studies.
Considering the time frame, personnel and financial
resources available and the number of stakeholders
involved, the number of interviews conducted was
limited. The project ensured that the number and selection of interview respondents adequately represented
the pillar and the government agency to which they
belong. A statistician has been hired as a consultant
for this purpose. The project started in April 2002 and
ended in March 2003. The interviews of the five pillars
were conducted from August to December 2002 and
interviews of children were conducted from November
to December 2002.
To establish trends in offences committed by children
for the past two years, the research examined court
records. However, court records were limited to cases
filed between 2001 and 2002 on children in conflict
with the law. Three hundred fifty (350) cases in all the
family courts were covered by the project. However,
information gathered were limited by the following factors: case has just been filed and records were limited;
incomplete court records; lack of case studies; and not
all court records were given to the researchers.
The court research was conducted between November
and December 2002. The review of studies conducted
with respect to CICL was limited to local researches
conducted from 1980 onwards.
Chapter 1 • Introduction
3
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
2 Methodology
To accomplish its objectives, the project used several
data gathering methods, discussed in the succeeding
sections.
Interviews with the Five Pillars
respondents. For the respondents who were either
unavailable or refused to be interviewed, questionnaires
were delivered to their offices. This was done to exhaust
all measures in getting their responses.
COMMUNITY
To generate both quantitative and qualitative data on
the situation of children in conflict with the law and
in the administration of the criminal justice system
on children, the project utilised the interview process.
A total of 349 representatives of the five pillars of the
criminal justice system were interviewed (see Table
2.1).
The barangay, as the basic political unit, serves as the
primary planning and implementing unit of government policies, plans, programmes, projects, and
activities in the community, and as a forum wherein
the collective views of the people may be expressed,
crystallised and considered, and more importantly,
where disputes may be amicably settled.4
Table 2.1. Number of respondents interviewed from the five pillars
of justice
THE BARANGAY CHAIR AND THE LUPON
TAGAPAMAYAPA
Respondent
1 Barangay chairs
2 Lupon Tagapamayapa member
3 Family Court judge
4 Court social worker
5 Public prosecutor
6 Public defender
7 Patrol/Apprehending officer
8 Criminal Investigation Division
9 Drug Enforcement Unit
10 Women & Children’s Desk
11 Barangay tanod (village police)
12 City social worker
13 BJMP
14 House parent
15 Probation officer
TOTAL
No.
74
44
15
26
11
13
19
22
12
24
58
17
6
2
6
349
A questionnaire was developed according to the functions of each pillar and the objectives of the project. The
questionnaires were finalised based on the comments of
all the consultants and field researchers. A pre-testing
of the questionnaires was conducted in Makati City
from 29 August to 5 September 2002.
The interviews were conducted personally with the
4
Save the Children – UK
As the chief executive of the barangay government, the
punong barangay or barangay chair has the following
powers and duties:5
(b) For efficient, effective and economical governance,
the purpose of which is the general welfare of the
barangay and its inhabitants pursuant to Section
16 of this Code, the punong barangay shall:
(1) Enforce all laws and ordinances which are applicable
within the barangay;
xxx
(3) Maintain public order in the barangay and, in
pursuance thereof, assist the city or municipal mayor
and the sanggunian [barangay council] members in
the performance of their duties and functions;
xxx
(10) Administer the operation of the Katarungang
Pambarangay in accordance with the provisions of
this Code;
(11) Exercise general supervision over the activities of
the sangguniang kabataan [youth council];
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
(12) Ensure the delivery of basic services as mandated
under Section 17 of this Code;
(13) Conduct an annual palarong barangay [village
sportsfest] which shall feature traditional sports and
disciplines included in national and international
games, in coordination with the Department of
Education, Culture and Sports;
(14) Promote the general welfare of the barangay; and
(15) Exercise such other powers and perform such other
duties and functions as may be prescribed by law
or ordinance.
The lupon tagapamayapa (peace-and-order committee) is in charge of administrative supervision over
the conciliation panels6 in the barangay. The law also
requires them to meet once a month for the exchange
of ideas among its members and the public on matters
pertaining to amicable settlement of disputes, and to
enable various conciliation panel members to share
with one another their observations and experiences
in effecting speedy resolution of disputes.7
The barangay chairs and members of the lupon
tagapamayapa represent the community level and the
barangay justice system. The interviewed respondents
were chosen from a sample of barangays that re-elected
their barangay chair in the 2002 barangay elections,
as newly elected officials may not have the substantial
experience dealing with children in conflict with the
law. In addition, barangay chairs serve as head of the
lupon tagapamayapa. At the time the interviews were
being scheduled, the lupon may not have been constituted yet immediately after the elections or even if
already constituted, new members may not have the
experience in dealing with children in conflict with
the law at the community level. One member of the
lupon tagapamayapa per barangay was interviewed.
Those interviewed were members with experience in
dealing with CICL.
Ten per cent of the respondent barangays were
randomly chosen by the statistician from the list of
barangays with re-elected chairs per city. The graphs
in Figures 2.1. and 2.2. illustrate the segregation of the
respondent chairs and members of the lupon according
to city and sex:
%
Caloocan
Manila
Parañaque
Pasay
QC
0
10
20
30
40
50
60
70
80
Figure 2.1. Distribution of tanod respondents by city
female 26%
male 74%
Figure 2.2. Distribution of barangay respondents by sex
THE BARANGAY TANOD
One tanod was interviewed per respondent barangay.
Being charged with the maintenance of peace and
order within the community, the initial contact of
children is usually with the tanod. Depending on the
crimes charged, the tanod may refer the case to the
barangay chair or the police for appropriate action. For
the purposes of this project, the tanod were segregated
from the chairs and members of the lupon. While the
chairs and the lupon facilitate the conciliation of cases
involving children within their jurisdiction, the tanod
is the one in charge of bringing said cases before them
Chapter 2 • Methodology
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
in the exercise of their function in maintaining peace
and order.
In general, the PNP has the following powers and
functions:8
The graphs in Figures 2.3. and 2.4. illustrate the segregation of the tanod respondent according to city
and sex:
(a) Enforce all laws and ordinances relative to the protection of lives and properties;
%
Caloocan
Manila
(b) Maintain peace and order and take all necessary
steps to ensure public safety;
(c) Investigate and prevent crimes, effect the arrest of
criminal offenders, bring offenders to justice and
assist in their prosecution;
(d) Exercise the general powers to make arrest, search
and seizure in accordance with the Constitution
and pertinent laws;
Parañaque
Pasay
QC
0
10
20
30
40
50
60
70
80
Figure 2.3. Distribution of tanod respondents by city
(e) Detain an arrested person for a period not beyond
what is prescribed by law, informing the person so
detained of all his [her] rights under the Constitution;
xxx
female 5%
male 95%
Figure 2.4. Distribution of tanod respondents by sex
LAW ENFORCEMENT
From the law enforcement level, the police officers from
the following units of the Philippine National Police
(PNP) were interviewed:
 Patrol and Apprehending Officers
 Criminal Investigation Division
 Drug Enforcement Unit
 Women and Children’s Concerns Desk
6
Save the Children – UK
(h) Perform such other duties and exercise all other
functions as may be provided by law.
One of the Operational Support Units of the PNP is
the Criminal Investigation Unit, which is required by
law to “…undertake the monitoring, investigation and
prosecution of all crimes involving economic sabotage, and other crimes of such magnitude and extent
as to indicate their commission by highly placed or
professional criminal syndicates and organisations.”9
The Narcotics Unit/Drug Enforcement Unit has the
duty to enforce all laws relative to the protection of
the citizenry against dangerous and other prohibited
drugs and substances.10
The law also requires the PNP to establish women’s
desks in all police stations throughout the country to
administer and attend to cases involving crimes against
chastity, sexual harassment, abuses committed against
women and children and other similar offences.11
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Out of the total number of police stations or police
community precincts in each city, fifty per cent were
randomly chosen as respondent stations and precincts.
One police officer with experience handling children in
conflict with the law from each unit was interviewed.
The segregation of the law enforcement respondents by
city and sex is shown in Figures 2.5. and 2.6.
%
Caloocan
Manila
Parañaque
Pasay
QC
0
10
20
30
40
50
60
70
80
Figure 2.5. Distribution of respondents from law enforcement by city
female 33%
male 67%
Figure 2.6. Distribution of respondents from law enforcement by sex
COURT AND PROSECUTION
To represent the court and prosecution level, only
officials assigned in family courts were interviewed.
The family courts have exclusive original jurisdiction
to “…hear and decide the criminal cases where one or
more of the accused is below 18 years of age but not
less than nine years of age.”12[1]
The following officials were interviewed:
 Judges
 Public Prosecutors
 Public Defenders
 Court Social Workers
Judicial power is vested in the Supreme Court and in
lower courts such as the Regional Trial Court. Judicial
power includes the duty of the courts to settle actual
controversies involving rights that are legally demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion on the part
of any branch of the government.
As a Regional Trial Court, the Family Court has a
special jurisdiction to handle “…[c]riminal cases
where one or more of the accused is below eighteen
years of age but not less than nine years of age or
where one or more of the victims is a minor at the
time of the commission of the offence.”13 Judges of
the family courts are tasked to ensure the protection
of the rights of children in conflict with the law.14
The judge of the Family Court also has direct control
and supervision of the youth detention home established by the corresponding local government unit.15
With respect to city prosecutors, they are required by
law to fulfil the following duties:16
a) Be the law officer of the province or city, as the case
may be. He [she] shall have charge of the prosecution
of all crimes, misdemeanours and violations of city or
municipal ordinances in the courts of such province
or city and shall therein discharge all the duties incident to the institution of criminal prosecutions.
b) Investigate and/or cause to be investigated all charges
of crimes, misdemeanours and violations of all
penal laws and ordinances within their respective
Chapter 2 • Methodology
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
jurisdictions and have the necessary information
or complaint prepared or made against the persons
accused. In the conduct of such investigations, he
[she] or his [her] assistants shall receive the sworn
statements or take oral evidence of witnesses summoned by subpoena for the purpose.
c) Investigate commission of criminal acts and take an
active part in the gathering of relevant evidence. For
this purpose, the National Bureau of Investigation,
the Philippine Constabulary and other offices and
agencies of the government shall extend to him/her
the necessary assistance.
xxx
e) Assist the Solicitor General, when so deputized in
the public interest, in the performance of any function or in the discharge of any duty incumbent upon
the latter, within the territorial jurisdiction of the
former, in which cases, he [she] shall be under the
control and supervision of the Solicitor General with
regard to the conduct of the proceedings assigned to
him/her and render reports thereon.
The Public Attorney’s Office (PAO) is an agency
attached to the Department of Justice (DOJ) and
primarily responsible for the delivery of free legal services to the indigent in all civil, criminal, labour and
administrative cases.17 The PAO is mandated to: 18
 Provide indigent clients with free legal services;
 Provide the low-income and indigent sector access
to counsel at the time of need; and
 Implement the constitutional guarantee of free
access to courts, due process and equal protection
of the law and rights of a person under investigation for the commission of an offence.
8
Save the Children – UK
The term “public defenders” is also used to refer to
lawyers working in PAO.
With regard to court social workers, the law mandates
the creation of a Social Services and Counseling Division (SSCD) in each judicial region as the Supreme
Court deems necessary based on the number of children and family cases existing in such jurisdiction.19
The SSCD is required to “…provide appropriate social
services to all juvenile and family cases filed with the
court and recommend the proper social action. It shall
also develop programmes, formulate uniform policies
and procedures, and provide technical supervision
and monitoring of all SSCD in coordination with
the judge.” Duties of the court social workers include
conducting intake assessment, social case studies,
casework and counselling, and other social services
that may be needed in connection with cases filed
with the court.20
There are two family courts in Caloocan; nine in
Manila; one in Parañaque; three in Pasay; and seven
in Quezon City. Due to the relatively small number
of family courts in all cities, the project researchers interviewed all abovementioned officials in each
family court. However, a few officials refused to be
interviewed. Out of the 80 officials in all cities, 15 were
either unavailable or refused to be interviewed while
65 gave their permission to be interviewed.
The segregation of respondent court and prosecution
officials by city and sex is shown in Figures 2.7 and
2.8.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
%
Caloocan
Manila
Parañaque
Pasay
QC
0
10
20
30
40
50
60
70
80
Figure 2.7. Distribution of respondents from the court and the
prosecution by city
fugitive from justice, or person detained awaiting
investigation or trial and/or transfer to the national
penitentiary, and/or violent mentally ill person who
endangers himself [herself ] or the safety of others,
duly certified as such by the proper medical or health
officer, pending the transfer to a medical institution.”21
The city jail service “…shall preferably be headed by a
graduate of a four-year course in psychology, psychiatry,
sociology, nursing, social work or criminology who shall
assist in the immediate rehabilitation of individuals or
detention of prisoners. Great care must be exercised so
that the human rights of these prisoners are respected
and protected, and their spiritual and physical well-being are properly and promptly attended to.”22
female 67%
male 33%
Figure 2.8. Distribution of respondents from the court and the
prosecution by sex
CORRECTION
BJMP and detention centres
The following officials were interviewed as representatives of the correction level:
 BJMP officers; and
 Houseparents in youth detention centres.
Every district, city and municipality is required under
the law to establish and maintain “…a secured, clean
adequately equipped and sanitary jail for the custody
and safekeeping of city and municipal prisoners, any
In Parañaque and Caloocan where there are no separate detention centres for children in conflict with the
law, BJMP officers were interviewed to represent the
correction level. Although there is a separate youth
detention centre in Quezon City, which is the Molave
Youth Reception Center, the said centre also receives
assistance from the BJMP in terms of security. Hence,
the BJMP officers assigned in Molave were also interviewed. To maintain a freer atmosphere than the jail,
youth detention centres employ houseparents rather
than jail guards. Houseparents assist in providing for
the basic services, ie, food and clothes, of the CICL.
In Pasay Youth Homes and Manila Youth Reception
Center, the respective houseparents assigned were
interviewed.
The segregation of respondent BJMP and houseparents by city and sex is shown in Figures 2.9 and 2.10
on the next page.
Chapter 2 • Methodology
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
%
Caloocan
Manila
Manila
Parañaque
Parañaque
Pasay
Pasay
Q.C.
Q.C.
0
10
20
30
40
50
60
70
80
Figure 2.9. Distribution of BJMP respondents and houseparents by city
10
20
30
40
50
60
70
female 67%
male 33%
Generally, probation is available to CICL who are no
longer covered by automatic suspension of sentence. A
few cases of children applied for probation in Caloocan, Pasay and Quezon City but records do not reflect
whether those who applied were children no longer
covered by suspension of sentence.
There is at least one probation officer in each city and
his or her duties include the following:23
(a) Investigate all persons referred to him [her] for investigation by the proper court or the Administrator;
(b) Instruct all probationers under his [her] supervision or that of the probation aide on the terms and
conditions of their probations;
80
Figure 2.11. Distribution of probation officer respondents by city
male 50%
PROBATION OFFICERS
Save the Children – UK
0
female 50%
Figure 2.10. Distribution of BJMP respondents and houseparents by
sex
10
%
Caloocan
Figure 2.12. Distribution of probation officer respondents by sex
(c) Keep himself [herself] informed of the conduct and
condition of probationers under his/her charge and
use all suitable methods to bring about an improvement in their conduct and conditions;
(d) Maintain a detailed record of his [her] work and
submit such written reports as may be required by
the Administration or the court having jurisdiction
over the probationer under his supervision;
xxx
(h) Perform such duties as may be assigned by the court
or the Administration.
The probation officers in Caloocan, Pasay and Quezon
City with experience in handling cases of CICL were
interviewed. According to the probation officers in
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Parañaque and Manila, there were no cases of children
that applied for probation in their respective cities. The
segregation of respondent probation officers by city and
sex is shown in Figures 2.11. and 2.12.
problems and improve their living conditions;
(ii) Provide relief and appropriate crisis intervention for
victims of abuse and exploitation and recommend
appropriate measures to deter further abuse and
exploitation;
CITY SOCIAL WORKERS
xxx
The responsibility of the national Department of Social
Welfare and Development (DSWD) with respect to
CICL was not among the functions devolved to the
cities. Nevertheless, city social workers also come in
contact and work with children in their respective cities
once they enter the criminal justice system, specifically, when a case has already been filed in the family
courts. A separate questionnaire was developed for the
city social workers and the responses were tabulated
separately.
(iv)Facilitate the implementation of welfare programs
for the disabled, elderly, and victims of drug addiction, the rehabilitation of prisoners and parolees, the
prevention of juvenile delinquency and such other
activities which would eliminate or minimize the
ill-effects of poverty;
The appointment of a social welfare and development
officer is mandatory for city governments and they take
charge of the office on social welfare and development
services. Their functions include the following:24
(1) Formulate measures for the approval of the Sanggunian [council] and provide technical assistance
and support to the governor or mayor, as the case may
be, in carrying out measures to endure the delivery
of basic services and provisions of adequate facilities
relative to social welfare and development services as
provided for under Section 17 of this Code;
(2) Develop plans and strategies and upon approval
thereof by the governor or mayor, as the case may be,
implement the same particularly those which have to
do with social welfare programs and projects which
the governor or mayor is empowered to implement
and which the sanggunian is empowered to provide
for under this Code;
(i) Identify the basic needs of the needy, the disadvantaged and the impoverished and develop and
implement appropriate measures to alleviate their
(v) Initiate and support youth welfare programs that will
enhance the role of the youth in nation-building;
(vi)Coordinate with government agencies and nongovernmental organisations which have for their
purpose the promotion and the protection of all
needy, disadvantaged, underprivileged or impoverished groups or individuals, particularly those
identified to be vulnerable and high-risk to exploitation, abuse and neglect;
xxx
(5) Recommend to the Sanggunian and advise the
governor or mayor, as the case may be, on all other
matters related to social welfare and development
services which will improve the livelihood and living
conditions of the inhabitants; and
(6) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
At least fifty per cent of city social workers who have
handled CICL were interviewed. See Figures 2.13. and
2.14. for the segregation of city social worker respondents by city and sex.
Chapter 2 • Methodology
11
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
%
Caloocan
Manila
 Compared with other government officials, the
team encountered more difficulty scheduling appointments with them;
Parañaque
Pasay
Q.C.
0
10
20
30
40
50
60
70
80
Figure 2.13. Distribution of city social workers respondents by city
female 76%
male 24%
Figure 2.14. Distribution of city social workers respondents by sex
The project encountered the following challenges during the interview proper for all the pillars:
12
 In some barangays, some respondents refused to
be interviewed outright, while others said they
were too busy;
 There were respondents who promised to set an
appointment and/or return our calls but did not
do so;
 A few respondents do not know how to read;
 When questionnaires were sent out to those who
were unable or refused to be interviewed as a last
effort to get their responses, the questionnaires
were not returned or lost when personal followups were made;
 There were respondents who were suspicious of
the interviewers, thinking that they were government representatives checking their activities;
 Efforts to interview patrol and apprehending officers proved to be difficult as most of them are
out of the precinct most of the time; and
 Barangay officials claimed there is no incidence
of juvenile delinquency in their barangays;
 Even with the endorsement letters from the Supreme Court and the appropriate government
agencies, a few court and prosecution officials
refused to be interviewed.
 Other barangays claimed that the children arrested came from neighbouring barangays and
would refer the interviewers to said barangays
instead;
The data generated by the interviews of the five pillars
were analysed quantitatively, using the Statistical Package for the Social Science (SPSS), and qualitatively.
Save the Children – UK
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Interviews with Children in Conflict
with the Law and Case Studies
The project also conducted interviews with children
in jails and detention centres to represent the views of
children. Five randomly selected children in each of
the following jails and detention centres were part of
the respondents interviewed:
 Caloocan City Jail
 National Training School for Boys
 Pasay City Youth Home
 Manila Youth Reception Center
 Marillac Hills
 Parañaque City Hall
 Molave Youth Reception Center
A questionnaire was developed for the children and a
pre-testing was conducted on 15 November 2002 at
Makati City Jail. Three children were interviewed (2
males; 1 female). Before proceeding with the formal
interview, the project was explained to the children and
their permission was sought. Since the focus of the project is on the criminal justice system, the emphasis of
the interview was on the process the children underwent from the time of their arrest onwards. Children
were chosen based on random sampling. The data
generated from the interviews were analysed qualitatively.
The project encountered the following challenges in
the course of the interview:
 The list of children was not up-to-date on the day
of the interview;
the centres. We had to explain to the children
that the interview is not going to push through
because we had to randomly sample the respondents;
 There were children who do not remember specific instances and details regarding their case.
Others were either shy or do not have an answer
to some of the questions or simply refused to
answer;
 Some interviewers experienced emotional drain
and burn-out in the interview process due the
stories related by the children and to the number
of the interview respondents; and
 There were interviewers who initially experienced
apprehension interviewing male children charged
with serious offences and sex-related offences.
From the 35 respondent children, five were chosen as
case studies. The case studies represent the different
status but common conditions and experiences of the
children. The project used the following criteria as basis
for choosing the case studies:
 The case is representative of the criminal justice
process the children interviewed in the centre or
jail underwent;
 The case illustrates the common concern/problem/issue in the implementation of the criminal
justice system; and
 The child was able to answer questions and share
experiences openly.
Unless otherwise indicated, the term “children” is
used interchangeably with “children in conflict with
the law” in this project.
 Lack of interview space in Caloocan City Jail;
 Children were pre-selected for the interview by
Chapter 2 • Methodology
13
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Review of Family Court Cases
In order to establish trends in offences committed by
children in the past two years, records of active court
cases filed in 2001 and 2002 on children in conflict
with the law were examined. Three hundred fifty cases
in all the family courts covered by the project were
included in the research. Aside from the crimes filed
in court, the personal and legal profiles of the children
were also gathered.
In the course of the examination of court records, the
researchers faced the following challenges:
 Some of the cases did not have a case study by
the court social worker. Hence, some of the personal information, ie, economic and educational
profiles, were not available;
Socio-economic and psychological studies conducted
in the Philippines on children in conflict with the
law were also summarised and reviewed. The materials were limited to the studies conducted from 1980
onwards.
Methods of Validation
FOCUS GROUP DISCUSSIONS AND CONSULTATIONS
One focus group discussion (FGD) per pillar in
the criminal justice system was held to present the
preliminary result, validate the results and solicit
recommendations and views. The discussions were
conducted during the following dates:
 Although the court personnel were generally
accommodating, there were family courts that
limited the research period to only one hour per
day; and
 Court and Prosecution
14 November 2002
 The list of cases by several of the family courts did
not indicate the age of the accused, prolonging
the research and making it more tedious.
 Community
26 November 2002
Other Document Researches and
Reviews
GATHERING OF CITY AND BARANGAY ORDINANCES
City and barangay laws and ordinances applicable to
children in conflict with the law were also collected and
examined. The project collected available and relevant
materials from the respective city council and the respondent barangays. The project strived to collect all
existing laws. However, they were limited by the ability of government personnel to recall the existence of
applicable laws and the compilation of laws preserved
by the appropriate offices.
14
REVIEW OF RELATED STUDIES
Save the Children – UK
 Law Enforcement
21 November 2002
 Correction and City Social Workers
10 December 2002
 Non-government organisations (NGOs)
12 December 2002
PLENARY PRESENTATION
A plenary presentation was held on 30 January 2003
from 2:30pm to 7pm at the Ateneo School of Law,
Rockwell Center, Makati City. The result of the project
was presented based on the interviews and research
conducted. An open forum was scheduled after the
presentation. National, city and barangay officials and
representatives from government agencies working
with CICL and NGOs attended the presentation.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
3 Summary of Related Studies
This chapter presents a summary of studies and researches involving CICL from 1980 onwards. Some
of the studies and researches were limited to specific
cities in Metro Manila while others had a nation-wide
coverage. Different methodologies were employed,
from face-to-face interviews to survey of secondary
data and case studies. Although there was a variance in
the objectives, there were commonalities among them
as well. The studies presented a profile of the children
and recommendations were given to improve their
situation through changes in laws and programmes of
the government or other stakeholders such as NGOs
and research institutions.
The Division of Research and Law Reform of the University of the Philippines (UP) Law Center conducted
a Socio-Legal Research Project on Youthful Offenders from 1979 to 1981. Data from the project were
gathered from the Juvenile and Domestic Relations
Courts (JDRCs)25 project, detention centres and jails
in Manila, Quezon City, Caloocan, Pasay, Makati,
Pasig and Valenzuela. The 323 cases were categorised,
coded and analysed.26 The following data were gathered
by the project:
 Sex;
 Civil status and family background of the children;
 Distribution of cases in JDRCs and regular
courts;
 Whether children were detained before case was
decided;
 Status of cases distributed per cities;
 Type of offences;
 Specific months the crimes were committed;
 Length of trial;
 Whether the child was a repeat offender;
 Medical attention given to children;
 Whether the child was provided with counsel at
the time of arraignment;
 Whether the child committed offence by himself
or with others; and
 Distribution of places where the offences were
committed.
In 1983, a research project funded by the Law Research
Council of the University of the Philippines entitled
Legal and Psychological Perspectives on Philippine Juvenile
Delinquency was published. The study was conducted
by Salvador T. Carlota and Annadaisy J. Carlota with
the general objective to “…investigate the problem of
juvenile delinquency in the Metro Manila setting from
the legal and psychological viewpoints.”27 Specifically,
its objectives were to:28
1) Critically analyse the law on juvenile delinquency;
2) Gather the latest available statistics on juvenile delinquency in the Metro Manila area
with respect to (a) certain demographic variables such as sex, age, socio-economic status,
and the like, (b) types of crimes committed,
and (c) the length of time consumed in the
disposition of juvenile cases in the regular
courts and the juvenile and domestic relations
courts29;
3) Investigate the differences in approach and procedure between the regular courts and juvenile
and domestic relations courts in trying juvenile
cases;
4) Identify the probable psychological causes of
juvenile delinquency;
5) Determine the intellectual and personality profiles
of juvenile delinquents; and
6) Suggest criteria for the evaluation of the efficacy of
treatment programmes of rehabilitation centres.
Save the Children – UK
15
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Data were gathered through interviews of participant
judges, children in conflict with the law and personnel of rehabilitation centres. Forty seven male and 31
female children in conflict with the law were included
in the study. Included in the findings is the fact that
judges are not automatically informed of the child’s
age and they learn of the age only upon personally
asking the child.30 The study also showed that there is a
possibility of discriminatory treatment for cases before
the juvenile and domestic relations courts compared
to those tried in regular courts, with the differential
treatment working against the child whose case was
tried by the latter.31
The authors recommended the following actions:32
According to the study, the most common feature
among the nine children is their poor economic conditions under which they came into conflict with the
law.33 Aside from these conditions, the criminal justice
system, which the children underwent, also served
as a challenge to these children. The study observed
the following disparities between the claims of the
government institutions and the actual experiences of
the children:34
 Not one of the nine children was brought by
the police to medical personnel for physical
examination, or to a psychologist for mental
examination;
 A more systematic method of record keeping with
respect to court records of children in conflict
with the law;
 The police were unaware that special treatment
should be accorded to minors. They do not even
know that the DSWD should be notified;
 Creation of a programme that incorporates
systematic attempts to bring about personality
and attitudinal changes, specifically, in moral
standards; emotional stability and self-control,
tolerance for frustration, and in self-concept;
 Some of the children were not formally charged
with vagrancy by the arresting police officers.
The children were kept in jails for a number of
days before they were released or transferred to a
Lingap Center for street children;
 Conduct researches that will evaluate the effectiveness of treatment programmes in rehabilitation
centres; and
 Some of the children were physically abused by
police officers even before the children reached
police headquarters and the prosecutor overlooked this;
 Additional researches on the “prevention” of
juvenile delinquency.
In 1993, the Department of Sociology of the Polytechnic University of the Philippines (PUP) conducted a
descriptive study of the status and situation of children in conflict with the law. The roles of different
government agencies involved with the children were
also included in the study. The study, The Situation of
Youthful Offenders in the Philippines, used the case study
method and covered nine children nationwide. The
research project was commissioned by the Defense for
Children International-Philippine Section, with funds
16
provided by the SC-UK.
Save the Children – UK
 Court trial takes a long time;
 The detention centre does not function as a rehabilitation centre, but a place for survival and a
training ground for criminality;
 Programmes and services in youth rehabilitation
centres, whether regional or local, are inadequate, ie, in-house education that are not being
implemented and insufficient medical and dental
services;
 Except for sportsfests, not one of the nine children
covered have come across the community-based
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
programmes of the government; and
 The intervention of DSWD, while the children
are going through the juvenile justice system, is
inadequate. The children’s cases only come to
the attention of the DSWD after they have been
in jail for a number of days, or even weeks and
months.
The Bureau of Child and Youth Welfare, DSWD and
the National Police Commission Crime Prevention
and Coordination Service undertook a joint project
entitled Survey on Youth Offenders at Camp Sampaguita
and Correctional Institute for Women. The survey was
published in April 1993. The survey covered children
confined at Camp Sampaguita and Correctional Institute for Women as of January 30, 1992. Fifty one
children were interviewed for the survey.
The survey concluded that poverty is one of the causes
of juvenile delinquency. A significant percentage of
the children’s parents have low income and this is
attributed to the fact that they have low educational
attainment. According to the survey, this situation
provided an impoverished environment for the children where prospects for advancement, socially and
economically, became improbable.35 With respect to
the criminal justice system, the survey made the following conclusions:36
 The law enforcers had no orientation on how to
handle cases of children at the time the children
committed the offence;
 The physical environment and accommodation
at the city, municipal, provincial jail, Camp Sampaguita or Correctional Institute for Women do
not comply with the standards established by the
United Nations Rules for the Protection of Juveniles Deprived of Liberty, Standard Minimum
Rules for the Administration of Juvenile Justice
and the UN CRC; and
 There is no concrete rehabilitation programme
for the children while in confinement.
The Australian Agency for International Development
(AusAID) National Project on Street Children and the
United Nations Children’s Fund (UNICEF) sponsored
a three-year project that aims to improve the psychological rehabilitation and therapeutic interventions for
the sexually abused, the substance abusers, and those
in conflict with the law. The publication of the project, Listen To Their Inner Voice: Street Children Speak
Through Their Drawings and Metaphors (1996), was
written by the overall coordinator, Dr. Maria Lourdes
A. Carandang. The project used a clinical, holistic and
in-depth approach as its research design. Twenty three
CICL were interviewed.
Among the direction and strategies identified by the
project, the following refers specifically to CICL:
xxx
5. Children in conflict with the law and substance
abusers view the world as ‘hopeful.’ They do so
because now ‘there are people who care.’ They must
first be listened to, given clear rules, informed of
consequences and given corresponding punishment
to satisfy their need for consistent and firm limits. In
small groups, they can be helped to visualise future
scenarios and the steps to achieve them, to capitalise
on and encourage their sense of hope.
xxx
6. Children in conflict with the law also view
themselves (with pride) in being ‘helpful’ to
others. This can be used as ‘entry point’ to channel
their impulses toward more constructive things. This
can be a group project so they can really be proud
of their accomplishments as a team, this team being
composed of their peers or ‘barkada.’ They can also
act as junior residents to explain or enforce the rules
and take care of the new residents.
Chapter 3 • Summary of Related Studies
17
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
xxx
9. Stop police brutality. The further trauma caused
by police harassment and brutality among children
in conflict with the law must be stopped…
xxx
14. Parent surrogates. Children in conflict with the
law, like substance abusers, need to belong to a peer
group with a strong parent figure as well. This fills a
deep longing for love and intimacy which they seem
to have found in their peers as parent surrogates. It
is also important to develop and strengthen this peer
support which should be directed toward helping
them get away from the stigma of being bad and
being doomed to be bad.
xxx
15. Different counseling approaches. The three
groups require different counseling approaches…
The need to set limits and disciplinary approaches for substance abusers and children in
conflict with the law. On the other hand, substance
abusers and children in conflict with the law need
guidance to erase their ‘bad’ label. This can be done
through small groups (peer power) discussions. Here
they discuss and share this issue in terms of right
and wrong, and later directed to plan and work
together on a project that can make them proud
of themselves. They need to experience a firm, but
not cruel or insulting, disciplinary approach and
consistent limit-setting…
Specific intervention strategies for three
groups… The substance abusers and children in
conflict with the law need to form meaningful and
constructive relationships with peers and, as mentioned previously, to have a firm and consistent, but
not harsh and insulting, disciplinary program.
16. Mother figures and father figures. The sexually
abused and children in conflict with the law need
to experience positive and nurturing mother figures,
18
Save the Children – UK
in terms of the therapeutic relationship…Caregivers
must be willing and able to provide these ‘surrogate
parent figures’ effectively. In this aspect, transference
and counter-transference issues must be effectively
handled.
xxx
19. Moral deterioration of children in conflict with
the law. It is urgent that we focus on the continuing
moral deterioration of children in conflict with the
law. This gradual erosion or inadequate development of conscience can be healed by fostering a
trusting relationship with them and involving their
peer group in the redirection of behaviour. Setting
firm and consistent limits of right and wrong, without violating their dignity is necessary…
xxx
22. Differences in experience of guilt. It is also important that moral differences in dealing with guilt
among three groups be the basis of directions in their
moral development.
xxx
Children in conflict with the law must be given
early moral intervention to prevent further erosion of their conscience. The caregiver must
connect with their guilt as entry points in developing a firmer sense of right and wrong and an
inner responsibility for owning their actions.
Also in 1996, Dr Exaltacion Lamberte conducted a
baseline study for the programme, “Street Education:
An Alternative Response to Street Children,” which was
being implemented by the Inter-City Committee on
Street Education (ICCSE). The study entitled, Today’s
Metro Manila Street Children aimed to provide benchmark information about the life situations of street
children in Metro Manila, specifically, Manila, Pasay,
Quezon and Mandaluyong. The study sought to:
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
1) Provide information on the background
characteristics of selected street children;
2) Describe their family situations;
3) Identify deviant behaviours they engage in;
4) Ascertain the factors that contribute to their existing conditions and life situations;
5) Identify their needs and the services they require;
and
6) Provide information on the kind of services they
receive from various individuals and organisations.37
The study covered a total of 700 sample street children
and made use of face-to-face structured interviews.
Convenient sampling techniques were utilised in
the selection of subjects. According to the study, the
main deviant behaviours street children engage in are
gambling, use of prohibited drugs, sexual behaviours
and commission of illegal acts.38 The data also showed
that 52.21 per cent had been previously arrested by the
police, 70.27 per cent in connection with “bagansiya”39
or police raids. Other reasons for arrest include the following: being a “suspect” in a crime; use of prohibited
drugs; snatching, gambling, vagrancy, begging and
pedicab driving without a license.40
The study also revealed that upon arrest, 30.46 per
cent of the children were punished by “takal,” ie, being beaten with a piece of wood (2” x 2”); 26.46 per
cent were asked to clean the precinct; 5.85 per cent
were asked to give a massage to the police; and 2.78
per cent were asked to give money to the police. No
punishment was given to the rest of the children covered by the study.41
In 1996, the Philippine Action for Youth Offender
(PAYO) also undertook a nation-wide survey of
children in conflict with the law entitled Youth in Detention: Issues and Challenges, A Nationwide Survey. The
objective of the survey was to document the situation
of children in detention. Data were obtained through
actual interviews of children inside the city jails in key
cities nation-wide. Two hundred thirty two children
nation-wide were interviewed. The socio-demographic
characteristics of the children were described in the
survey and the implementation of existing laws on
children in conflict with the law was also analysed.
The survey concluded that the condition in detention
violates the fundamental principle of the promotion of
the well-being of children and that they are trapped in
institutions that are very punitive in character.42
The Philippine Government, with the assistance of
UNICEF, reviewed the trends and issues that have direct impact on children and women. The result, entitled
Situation of Children and Women in the Philippines, was
published in 1997.
In cases where the child is the accused, the government recognised the need to continue addressing
current problems in the juvenile justice process, specifically:43
 Apprehension: simple procedures for arresting
offenders are often disregarded by law enforcers (e.g., physical examination, provision of the
services of a lawyer);
 Detention: youthful offenders are often mixed
with adults; a long period of detention is not
uncommon; inadequate facilities and services;
 Adjudication: slow disposition of cases; lack of
specialised training for judges in handling youthful offenders in court;
 Post-adjudication and rehabilitation: jails and
correctional institutions have inadequate facilities
and services; community-based rehabilitation
programmes need support to provide school and
work opportunities to returning offenders.
Chapter 3 • Summary of Related Studies
19
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
The following issues were also identified as requiring
immediate attention:44
(a) The pre-trial detention;
(b) Need for separate detention centres for minors;
(c) Need to improve and expand community-based
rehabilitation programmes for the children in
conflict with the Law;
(d) New set of rules and procedures appropriate and
sensitive to children’s psychological maturity.
The Adhikain Para sa Karapatang Pambata (AKAP),
in partnership with the UNICEF, conducted a study
on the situation of children in conflict with the law
entitled Situation Analysis on Children in Conflict with
the Law and the Juvenile Justice System. The objectives
of the study are the following:
 To analyse data and existing studies on children
in conflict with the law;
 To assess the current situation of the administration of juvenile justice in light of the principles
and relevant provisions of the UN CRC…; and
 To recommend practical and achievable steps
toward reforming the juvenile justice system.
The study was conducted through review of data covering 1993 to 1997 on various aspects of Juvenile Justice
System. Information was derived from existing studies,
surveys and reports prepared by concerned groups
concerned with CICL. Materials were supplemented
by actual interview and responses to questionnaires
sent to selected institutional respondents. Dialogues
with judges and designated courts for children’s cases
were conducted from April to June 1997.
20
Save the Children – UK
The following recommendations were made after analysis and investigation of the situation of CICL:
1. Law enforcement officers, prosecutors, judges,
court social welfare officers, public attorneys and
legal aid groups should be given orientation seminars on international human rights instruments
and child-related laws with emphasis on juvenile
justice.
2. Government agencies and institutions engaged in
defending youthful offenders should coordinate
their efforts in providing protection to these
children by establishing a common monitoring
system covering the various stages of the juvenile
justice process.
3. Specialised juvenile and domestic relations courts
should be created.
4. Support programmes for street children and other
similarly vulnerable children should be increased
as preventive measures.
5. More facilities exclusively for children who are
detained and sentenced should be constructed
to prevent mingling with adult offenders.
6. Community awareness of and involvement in
non-institutional rehabilitation programmes and
services should be enhanced.
7. NGOs engaged in multi-disciplinary outreach
programmes with CICL should form a network
to maximise extension of assistance to these children.
8. A comprehensive review of existing laws and procedures on juvenile justice in the light of the UN
CRC and other international standard-setting
instruments affecting CICL should be undertaken
for purposes of law reform.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
The National Youth Commission (NYC) commissioned the Social Weather Stations for the survey
on the situation of the youth. It also tapped the
services of experts from the academe and government institutions to prepare the document
The Situation of Youth in the Philippines that was
published in 1998. Statistics and previous studies conducted on youth offenders,45 delinquent
youth46 and drug-dependent youth47 were cited
in the report.
As seen in this chapter, there have been several studies
and researches that focused specifically on or included
CICL in the Philippines since 1980. Most of the studies provided a profile and background of the children
and their family and the type of offences or crimes
committed by the children. Emphasis was also given
to the processes that the child undergoes, from apprehension by law enforcement officials, court procedure,
and rehabilitations services provided at the correction
level. The studies and researches identified the gaps and
problems in dealing with CICL both in the law and in
practice. Recommendations were then provided.
In the succeeding chapters, the results of previous studies and researches are compared with the present results of the project in the presentation of data, analysis
and recommendations. This is one way of measuring if
there have been improvements or a worsening of the
situation in terms of law applicable to CICL and in
the practice and procedure of the five pillars in dealing
with these children. The project also examined past
recommendations in order to see its applicability in
the context of the present situation.
Chapter 3 • Summary of Related Studies
21
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
4 International and National Laws Related
to Children’s Justice
This chapter presents the international laws related to
children’s justice with special focus on the UN CRC
and provides a discussion of existing laws and regulations in the Philippines in the light of the provisions
of the UN CRC. Special focus was given to issues
on criminal responsibility, deprivation of liberty and
capital and life imprisonment of a juvenile in conflict
with the law with the aim of identifying the gaps in law
and practice using the provisions of the Convention
as a framework. Recommendations on appropriate
changes in legislation, procedure or practice were also
provided.
PHILIPPINE LEGISLATION
The chapter also presents a descriptive discussion on
how a juvenile in conflict with the law is proceeded
against in accordance with the laws of procedure on
juvenile in conflict with the law in the Philippines,
while comparing such procedures with the minimum
standards set forth in the UN CRC, the UN Guidelines for the Administration of Juvenile Delinquency
(the Riyadh Guidelines), the UN Standard Minimum
Rules for the Protection of Juvenile Justice (the Beijing
Rules), and the UN Rules for the Protection of Juveniles Deprived of their Liberties (JDL Rules).
Philippine laws do not provide for the definition of
discernment but the Supreme Court interpreted discernment to mean the mental capacity of the person to
understand the difference between right and wrong51
and to fully appreciate the consequences of his or her
unlawful act.52
Criminal Responsibility
INTERNATIONAL LAWS
Article 43 of the UN CRC requires State Parties to
establish a minimum age below which children shall
be presumed not to have the capacity to infringe the
penal law. Rule 4 of the United Nations Standard
Minimum Rules for the Administration of Juvenile
Justice, otherwise known as the Beijing Rules, proposes
that the beginning of the age of criminal responsibility
shall not be fixed at too low an age level, bearing in
mind the facts of emotional, mental and intellectual
maturity of the child.
22
Save the Children – UK
The age of criminal responsibility under the Revised
Penal Code of the Philippines is over nine years of age.
Therefore, a person under nine years of age is exempt
from criminal liability (see Table 4.1.). 48 The exemption is absolute, thus a child who commits an offence
shall instead be committed to the care of his or her
parents, guardians, nearest relatives or friends under the
discretion of the court and subject to its supervision.49
On the other hand, a person over nine and under 15
years of age is likewise exempt unless he or she is proven
to have acted with discernment.50
If the child acted with discernment, he or she shall be
proceeded against as a youth offender with his or her
age serving only as a mitigating circumstance in the
imposition of the penalty.53 To be proceeded against
as a youth offender means that the child, upon entering the criminal justice system, shall be subjected to a
different set of rules on criminal procedures. The effect
of the mitigating circumstance of age is the lowering
of the penalty imposed.
While a child over nine but less than 15 years of
age is not exempt from criminal liability, he or she
is presumed to be without criminal capacity. This
presumption may be rebutted if it could be proven
that the child was capable of appreciating the nature
and criminality of the act, that is, he or she acted with
discernment.54 However, where a minor offender is 15
years of age or over but under 18 years of age, he or she
is absolutely presumed to have acted with discernment
and is therefore not exempt from criminal liability. Being a minor, he or she will be proceeded against as a
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
youth offender with his or her minority being merely a
mitigating circumstance and not an exempting one.
Exemption from criminal liability does not include
exemption from civil liability. The parents and other
persons exercising parental authority over the child may
be civilly liable for the injuries and damages caused by
the minor subject to appropriate defences provided by
laws. The civil liability shall be enforced in accordance
with Article 221 of the Family Code, Articles 2176,
2180 and 2181 of the Civil Code, Article 101 of the
Revised Penal Code and Rule 111 of the Revised Rules
of Criminal Procedure.
Table 4.1. Degree of criminal responsibility by age
Age
Criminal Responsibility
Below 9 years old
Absolutely no criminal responsibility.
Over 9 to below 15
years old
No criminal responsibility unless the child is
proven to have acted with discernment.
Penalty is lowered by two degrees because
of age.
15 to below 18
years old
Absolute criminal responsibility.
Penalty is lowered by one degree because of
age.
ANALYSIS AND RECOMMENDATIONS
The laws delineating the criminal age of responsibility have not given the exact age or benchmark as to
what age the criminal responsibility of the child actually starts. The Revised Penal Code defines the age of
criminal responsibility as over nine years of age.55 It
seems that a person who is exactly nine years of age was
overlooked and can be neither specifically exempted
nor be held liable for a crime. The Child and Youth
Welfare Code or Presidential Decree (PD) 603,56 a later
law enacted in 1974 or 42 years after the enactment
of the Revised Penal Code, shed light on the latter’s
provision when it stated that a child nine years of age
or under at the time of the commission of the offence
is exempt from criminal responsibility.
Furthermore, the Supreme Court, which is vested with
the power to interpret laws, may have construed the
provision in the Revised Penal Code in the 1989 case
of Guevarra vs. Almodovar57 by specifically mentioning
that “minors nine years of age and below are not capable of performing a criminal act. On the other hand,
minors above nine years of age but below 15 are not
absolutely exempt.” Nevertheless, the determination
of the age of criminal responsibility was not the issue
in the Almodovar case but was discussed in the light of
the issue on whether the child who was just 11 years
old at the time of the commission of the offence acted
with discernment.
In 1997, Republic Act (RA) No. 8369 otherwise
known as the Family Courts Act of 1997 was signed into
law. The new law established the Family Courts granting them exclusive jurisdiction over all cases involving
children including criminal cases where one or more of
the accused is below 18 years of age but not less than
nine years of age.58
By virtue of its power to promulgate rules concerning
procedure in courts, the same Supreme Court that
ruled on the case of Guevarra vs. Almodovar issued the
Rule on Juveniles in Conflict With the Law, which took
effect on 15 April 2002. The Rule was made applicable
to a person who at the time of the commission of the
offence was below 18 years of age but not less than
nine years of age.59 Likewise, the Rule defined age of
criminal responsibility as the age when a juvenile who
is nine years of age or over but less than 15 years commits an offence with discernment,60 thus, including a
child nine years of age in the category of juvenile in
conflict with the law. Evidently, the Rule on Juveniles
in Conflict with the Law followed the wording of the
Family Courts Act of 1997 (see Table 4.1. for illustration of different laws and rules of procedure defining
the minimum age of criminal responsibility).
Chapter 4 • International and National Laws Related to Children’s Justice
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Faced with these inconsistencies in the laws and rules
of procedure, the problem arises on whether to exempt
children who are nine years of age at the time of the
commission of the offence. Under the rules on statutory construction, the Supreme Court has consistently
followed the pro reo doctrine where “penal statutes are
to be strictly construed against the government and
liberally in favour of the accused”61 should a penal
provision be subject to different interpretations.
The power to interpret the laws lies with the Supreme
Court. Nevertheless, there is not one Supreme Court
ruling to date that one can cite as authority regarding
specific interpretation on whether age of criminal
responsibility starts at the age of nine or below nine
years of age. This lack of ruling is due to the limitation
of the judicial power of the Supreme Court, that is, it
can settle only actual controversies62 and can only issue binding declaratory judgment that involves parties
with real conflicting legal interests. However, it cannot
issue binding advisory opinion, which is a response to
a legal controversy posed in the abstract in advance
of any actual case in which it may be presented. An
advisory opinion binds no one.63
The issue on age, then, remains a question until such
time that a case shall reach the Supreme Court for a
definite interpretation. Perhaps the very few number
of children aged nine who were involved in violation
of laws was the reason this issue was never tackled. The
implication, however, is if the provision of the Revised
Penal Code originally intended not to include a nineyear-old child in the category of juvenile in conflict
with the law, subsequent laws and rules enacted, particularly the Family Courts Act of 1997 and the Rule
on Juvenile in Conflict with the Law, might have in
fact lowered the minimum age of criminal responsibility. One may also infer that in practice, different
interpretations by the pillars in the application of the
law might result in actually lowering the minimum age
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of discernment. There is a need therefore to clarify the
benchmark for the minimum age.
Another important issue regarding the law on the
minimum age of criminal responsibility is that it has
remained stagnant for over a century in the Philippines.
While it has been proposed to be a subject matter of
study in Congress, no amendment of the law has ever
been made. As early as 1887, when the first Penal Code
was adopted verbatim from Spain, the law had already
recognised minority as an exempting circumstance
from criminal liability (see Table 4.2.). The old Penal
Code, then the subsisting Penal law in the Peninsula,
was merely ordered to take force and be applied in the
Philippines upon publication in the Official Gazette.64
The old Penal Code, as amended in accordance with
the recommendations of the Code Committee, was ordered published and was subsequently made effective.
Act No. 1438 and Act No. 3203, the pioneer juvenile
delinquency laws in the Philippines, failed to provide
for any amendment or elaboration to the provisions
of the old Penal Code on minority as an exempting
circumstance.
Even when the old Penal Code was revised and entitled
as the Revised Penal Code, which became effective in
1932, there remained neither changes nor deliberations
by the Code Committee on the provisions on minority. The law consistently recognized that minors above
nine and less than 15 years of age are not criminally
liable unless proven to have acted with discernment;
and that minors between 15 and below 18 years of
age are presumed to have acted with discernment.
Subsequent laws such as PD 603, governing JICL,
provide for the same rules as it did before the passage
of the Revised Penal Code. If society is to be governed
by penal laws, which reflect standards deemed suitable in accordance with the times, there is a need for
legislature to look into the law on minimum age of
criminal responsibility.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 4.2. Evolution of policy setting the minimum age of criminal responsibility
Law*
Article / Section
RPC
Minimum age
Year enacted
Over 9 but under 18 years old
Over 9 but under 21 years old
1932
1974
P.D. 603
Art. 189
P.D. 1179
Sec. 1
RRAPIYO
Sec. 3 (b)
After his 9th but before his 18th birthday
1995
R.A. 8369
Sec. 5
Below 18 but not less than 9 years of age
1997
Sec. 1
Below 18 but not less than 9 years of age
Sec. 4(m)
9 years of age or over but under 15 years with
discernment
Sec. 5
Under 9 years if age shall be exempt
Ron JICL
9 years old or under …shall be exempt
Over 9 but under 18 years old
9 years old or under shall be exempt
Note: RPC - Revised Penal Code; PD 603 - The
Child and Youth Welfare Code; PD 1179 - Amending Certain Provisions of PD 603; RRAPIYO – Rules
and Regulations on the Apprehension, Investigation,
Prosecution and Rehabilitation of Youth Offenders;
RA 8369 –The Family Courts Act of 1997; Ron JICL
– Rules on Juveniles in Conflict with the Law.
The minimum age of criminal responsibility in the
country is anchored on the child’s capacity for discernment. Under Philippine jurisprudence, discernment
means the mental capacity to understand the difference
between right and wrong.65 More than the mere understanding and knowledge of the difference between
right and wrong, however, it means the mental capacity of a minor to fully appreciate the consequences of
his/her unlawful act.66 It connotes that the accused
committed the wrongful act with the intention and
knowledge that it is a crime to perform such act and
not merely knowing that it is wrong to do it.67 To prove
discernment, it must appear from the evidence that the
accused acted with knowledge of the nature of his or
her acts and of the results, which would naturally follow
therefrom.68 Philippine jurisprudence would therefore
show that “discernment” relates to “intelligence.” It
1977
2002
bears pointing out now that the basic reason behind
the enactment of the exempting circumstances, such
as minority, in the Revised Penal Code is the absence
of intelligence, freedom or action or intent on the part
of the accused.69 Without the power of intelligence,
necessary to determine the morality of human acts to
distinguish a licit from an illicit act, no crime can exist, and because the infant has no intelligence, the law
exempts him or her from criminal liability.70
There are no fixed predetermined standards to guide
the courts in the determination of discernment, leaving it up to the appreciation of trial judges to decide
whether the accused minor has acted with discernment.
The Supreme Court, however, has declared that in
determining the presence of discernment, the Court
takes into consideration all the facts and circumstances
provided by the records in each case, the appearance,
attitude and comportment of the accused not only
before, during and after the commission of the act,
but even during trial.71
In the light of the above rulings, redefining the minimum age of criminal responsibility would require a
careful exploration on the age by which children are
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
deemed to have sufficient intelligence to understand
the morality of their acts. As recommended in the
Beijing Rules, the emotional, mental and intellectual
maturity of the child must be taken into consideration
in determining such age. To achieve this, resorting to
the findings of experts in the field of developmental
psychology is essential.
The works of renowned child psychologists Jean Piaget
and Lawrence Kohlberg have been constantly used
as bases for increasing the minimum age of criminal
responsibility and reshaping juvenile justice policies all
over the world. The Cognitive Development Theory by
Piaget shows that, as children mature, their ability to
think and to reason advance through a series of distinct
stages or a sequence of cognitive growth.72 Interestingly,
it recognises that children in the Concrete Operational
Stage (approximately above seven and twelve years old)
can only reason logically when dealing with concrete
tangible information and are not capable of thinking
abstractly. The concrete operational child can take
the role of others and understand their perceptions,
cognition, and feelings, as well as elaborate concepts
of causality, time, space, number, and the operations of
conservation, during this period.73 However, while the
child can solve problems if stimuli are present, the child
has difficulty in verbal and mental manipulations.74
This theory is supported by the Moral Judgment
Theory of Kohlberg, which maintains that children
cannot make sound moral judgment until they achieve
a high enough level of cognitive maturity to look at
things as others might see them.75 Kohlberg proposed
a three-level, six-stage theory of the development of
moral judgment.
The Preconventional Level covers the ages above three
and under ten. In this first level of maturity, the child’s
moral judgments are dominated by considerations
of what will be punished and what feels good. The
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child is not concerned with what society defines as
the right way to behave in a certain situation. He or
she is only concerned with the concrete consequences
of action, such as punishment, reward and exchange
of favours.76
The Conventional Level covers the ages above nine and
under thirteen. At this second level of moral judgment,
the child is yet unaware of the implications of his/her
actions. To such child, the law emerges as a central
value. However, he or she appreciates not only the
centrality of law but also the centrality of the value
of life. Thus, when the values of law and life openly
conflict, the child has trouble choosing between these.
Kohlberg believes that at this stage the child cannot
yet deal with situations in which a system of laws or
beliefs comes into conflict with basic human rights.77
The Postconventional Level is attained either at the age
of 13, or not until young adulthood. Sometimes, this
level is never attained.78 In this third level of moral
judgment, the individual acknowledges the possibility
of conflict between two socially accepted standards
and tries to decide which of these to choose. There is
control in the standards observed and the reasoning
about right and wrong. The moral judgment of the
child considers principles such as justice, individual
rights and contracts.79
Although a mere presentation of the above theories,
among perhaps a hundred others, will not suffice to
make concrete recommendations at this point as to the
appropriate age of criminal responsibility, it nevertheless supports the view that at nine years of age, the child
is still incapable of acting with discernment. Hence, the
need to raise the minimum age of responsibility to an
age at least above 12 or 13 years old, below which the
child does not yet have sufficiently developed cognitive
and moral skills to rightly judge his or her actions and
their consequences.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
It is submitted, however, that the ages determined in
the above theories are mere averages and that these
may vary considerably depending on the cultural background and socio-economic factors affecting the child.
To recommend a specific minimum age of criminal
responsibility, therefore, would necessitate the conduct
of a thorough study on how the underlying cultural,
social and economic factors in Philippine society affect
the Filipino child’s capacity for discernment.
There have been various legislative proposals on juvenile justice in Congress to increase the age of criminal
liability. Members of various groups that made the
proposals differ in their views about increasing the
age of discernment considering there are perceptions
in Congress that there had been an increased number
of young persons committing serious crimes. In fact,
in 1999 legislators were prompted to lower the age of
death penalty from 18 to 16 years of age owing to several news headlines about minors committing heinous
crimes. This is actually a retrogressive act on the part
of Congress, considering that the UN CRC prohibits
the imposition of death penalty on minors.
Proposals from various groups have been made to
increase the minimum age of criminal responsibility
from 12 or 15, or even 18 years of age. However, most
of the bills filed in Congress are proposing 12 years as
the minimum age of criminal responsibility. Whether
an extensive and comprehensive study has been made
to provide a strong empirical support for using the
age of 12 as benchmark is no more important than
as a strategy for the acceptability of the age especially
considering the evident perception of Congress as
shown in 1999 on JICL and the need to reconcile the
proposals with existing laws such as the Revised Penal
Code, which provide for over nine years as a minimum
age of criminal responsibility.
Deprivation of Liberty
INTERNATIONAL LAWS
The UN CRC sets no lower age limit on restriction
of liberty. It merely provides in Article 37(b) that “no
child shall be deprived of his or her liberty unlawfully
or arbitrarily. The arrest, detention or imprisonment
of a child shall be in conformity with the law and shall
be used only as a measure of last resort and for the
shortest possible time.” The Committee on the Rights
of the Child has expressed concern at the restriction
of the liberty of young children and has advanced the
view that the minimum age should be set in relation
to other basic principles of the Convention such as the
principles of Non-discrimination (Art. 2), Best Interests of the Child (Art. 3), Survival and Development
(Art. 6) and that the child shall only be separated from
his or her parents when such separation is necessary
for the best interests of the child (Art. 9).
It should be noted that the minimum age for deprivation of liberty does not only refer to the restriction
of the child’s liberty within the penal system but also
relates to the asylum-seeking and the placement of
children in welfare and health institutions. 80
PHILIPPINE LEGISLATION
Philippine law does not set an age limit for deprivation
of liberty or imprisonment. It may be presumed that
this age is the same as the age of criminal responsibility set by law that permits the child at least over nine
years of age and suspected of having infringed the penal
law, if unable to furnish bail, to be committed to the
care of the DSWD or a local rehabilitation centre or
detention home, or in the absence of such within the
locality, in a jail facility separate from adult detainees.81
The court, however, may, in its discretion and upon
the recommendation of the DSWD, release a child
on recognisance to the custody of his or her parents
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
or other suitable person.82 Even with respect to a child
below nine years of age who is suspected of committing
a felony, although the child is exempt from criminal
responsibility, the law places the responsibility of committing the child to the custody of his or her parents
upon the Court in its discretion.83 Thus, before the
child is brought before the Court, the child will remain
in the custody of the arresting officers or the DSWD
and consequently deprived of his or her liberty. However, the law mandates the arresting officers to contact
the child’s parents and the DSWD within eight hours
from the child’s apprehension.
ANALYSIS AND RECOMMENDATIONS
The UN CRC does not set a minimum age for deprivation of a child’s liberty including the child’s
commitment to a welfare institution. However, it is
well to heed the Committee’s recommendation that
such matters be considered in relation to the basic
principles of the Convention, particularly, the principle
that the child shall only be separated from his or her
parents when such separation is necessary for the best
interests of the child. It may be assumed that since
Philippine law imputes criminal responsibility only to
minors over nine years of age, it thus follows that the
minimum age of deprivation of liberty is also over nine
years of age. Analysis of the system would nevertheless
show the contrary.
In actual practice, Filipino children may be deprived
of their liberty either in connection with a commission of a felony or misdemeanour, in connection with
a clean-up drive, the rounding-up of street children or
a curfew violation.
With respect to children accused of committing a
crime or misdemeanour, the law provides an alternative to detention or institutional placement in the form
of recognisance or release of the child to the care of
his or her parents or other suitable person who shall
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Save the Children – UK
be responsible for the child’s appearance in court.
Nevertheless, such release on recognisance is a matter left to the discretion of the judge only upon the
recommendation of the DSWD, thus, necessitating
the temporary deprivation of the child’s liberty, either
in a police station, in jail or in a welfare or rehabilitation centre of the State, until the DSWD submits its
assessment and recommendation and the child’s case
is called in court. Even in cases of children below nine
years old who are considered exempt from criminal
liability, the law leaves it up to the discretion of the
trial judge to decide whether or not to commit the
child to his or her parents. This system permits the
deprivation of the child, albeit only temporary, notwithstanding that the child is exempt from criminal
liability. The situation of the child is aggravated where
there is no DSWD within the locality where the crime
was allegedly committed and where the existing jail
facility does not provide for separate cells or rooms for
minor offenders, thus exposing the child to criminal
contamination by adult and hardened criminals. Even
among other youth detainees within a jail facility or
a detention or rehabilitation home, the child is still
exposed to a prison culture where gangs exist. Thus,
instead of being rehabilitated and reformed, the child
is further socialised into criminality.
In the above situations, the creation of diversion measures to remove the child from the criminal justice
system and redirect the child to alternative programmes
assumes importance. It should be pointed out that even
one day in jail or a detention facility away from home,
family and friends can mean a lifetime of trauma for a
child, especially a first-time offender, and more so for
an innocent child who was wrongfully apprehended
or who is exempt from criminal liability. Philippine
law institutionalised the diversion system under the
Katarungang Pambarangay Law, the Family Courts Act
of 1997 and the Rules on JICL. Diversion is discussed
more thoroughly in Chapter 8 of this report.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Capital Punishment and Life
Imprisonment
INTERNATIONAL LAWS
The UN CRC prohibits in Art. 37 (a) the imposition of capital punishment and life imprisonment
without the possibility of release for offences committed before the age of 18.
PHILIPPINE LEGISLATION
Consistent with the UN CRC, Philippine law prohibits the imposition of death penalty below 18 years of
age at the time of the commission of the crime. This
prohibition is contained in Sec. 22 of Republic Act
7659, or the Death Penalty Law, which prescribes the
ultimate penalty of death for certain heinous crimes.
Even without such law, however, no children can be
meted the death penalty because minority is a privileged mitigating circumstances under the Revised Penal
Code, which entitles children to a penalty one degree
lower for children between 15 years and below 18 years
or two degrees for children over nine years and below
15 years, than that prescribed by law.
Although Philippine law does not categorically prohibit
the imposition of life sentences to minors without the
possibility of release, minor offenders may be sentenced
to life imprisonment where death penalty is imposed by
law. This is due to the privilege mitigating circumstance
of age, which they may avail of under the law. PD
603, as amended by the Family Courts Act, provides
for the automatic suspension of the child found guilty
of the offence.84 However, the right to a suspension
of sentence does not apply to a child who has once
enjoyed the benefits of a suspended sentence, or who
has been convicted of an offence punishable by death
or life imprisonment.85
ANALYSIS AND RECOMMENDATIONS
The law clearly prohibits the imposition of capital punishment on persons below 18 years. It is disheartening
to note that there have been several occasions where
children can be included in the country’s death row
list. Such a clear violation of the law may be attributed
to some judges’ misapplication of or failure to appreciate the law and to the incompetence of the children’s
counsels at the trial level. A common difficulty faced
by these children at the trial level is the lack of proper
documents to prove their real age. To effectively implement the State policy against death penalty for minors,
therefore, would necessarily entail the development of
an effective system of birth registration as well as the
continuous training of judges and prosecutors on the
proper interpretation of the laws affecting children and
the appropriate handling of cases of youth offenders.
Procedure Related to Children’s
Justice
INTERNATIONAL LAWS
International instruments adopt approaches for international legal regulation of deprivation of liberty.
These include the International Convention on Civil
and Political Rights and the UN CRC, which is the
first international instrument that adopted a comprehensive specific child rights approach. Although there
is an international regulation on the deprivation of a
child’s liberty, the specific legal regulation was left to
the implementing States. The international instruments
instead focus on the setting of minimum standards to
guide the implementing States. Even so, the UN, on
the basis of the UN CRC, established a set of three
rules concerning children’s justice--the UN Guidelines
for the Administration of Juvenile Delinquency (the
Riyadh Guidelines), the UN Standard Minimum
Rules for the Protection of Juvenile Justice (the Beijing
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Rules), and the UN Rules for the Protection of Juveniles Deprived of their Liberty (JDL Rules).
PHILIPPINE LEGISLATION
Philippine legislation, on the other hand, has provided
for a specific set of rules on dealing with CICL from
the time the child enters the formal criminal justice
system, such as from arrest up to the termination of
the case and aftercare services. The recently enacted
Rule on Juveniles in Conflict with the Law (New Rule)
is the main instrument governing criminal procedure
on CICL. The Rule on JICL is further supplemented
by the following rules of procedure: the Rules and Regulations on the Apprehension, Investigation, Prosecution
and Rehabilitation of Youth Offenders (Rules enacted
pursuant to PD 603. or the Child and Youth Welfare
Code); the Rule on Examination of a Child Witness; the
Revised Rules on Criminal Procedure and Revised Rules
on Summary Procedure.
The Child Enters the Law
Enforcement Pillar
APPREHENSION
International laws
Art. 37 (b) of the UN CRC further states that “No
child shall be deprived of his or her liberty unlawfully
or arbitrarily. The arrest, detention or imprisonment of
a child shall be in conformity with the law and shall be
used only as a measure of last resort and for the shortest
appropriate period.”
Under the JDL Rules, law enforcement officers are
required to respect the legal status of juveniles, promote
their well-being and avoid harming juveniles. The
Beijing Rules also require that parents of guardians
be notified of the arrest within the shortest possible
time.
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Philippine legislation
Arrest. A child accused of an offence encounters the
Philippine Criminal Justice System upon arrest. Arrest
may be made by an actual restraint of the child to be
arrested, or by his or her submission to the custody of
the person making the arrest.86
As a rule, an arrest cannot be effected unless there is
a valid warrant of arrest, unless the arrest falls under
the exception provided by law as will be discussed in
the subsection on warrantless arrest. The police officer,
by virtue of his or her power and authority to arrest
persons and any private person by virtue of citizen’s
arrest,87 are authorized to effect the arrest of a person.
The officer or any person who made the arrest shall
thereafter deliver the child to the nearest police station
or jail without unnecessary delay.88
Warrantless arrest. A child shall be arrested only by
virtue of a warrant of arrest except for allowable warrantless arrests as provided by the law.89 The following
are exclusive grounds for a lawful warrantless arrest:
A peace officer or private person may lawfully
arrest without warrant a person, (a) When, in
his presence, the person to be arrested has committed, is actually committing, or is attempting
to commit an offence; (b) When an offence has
just been committed and he has probable cause
to believe based on personal knowledge of facts
or circumstances that the person to be arrested
has committed it; and (c) When the person to
be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving
final judgment or is temporarily confined while
his case is pending, or has escaped while being
transferred from one confinement to another.90
Delivery to proper authorities and period. The child
arrested without a warrant shall be delivered without
delay to the nearest police station for investigation.91
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
The law,92 nonetheless, provides safeguards for the
rights of any person in such arrest. Thus, having arrested the child for legal grounds but without warrant
of arrest, the person making the arrest must deliver
the child to the proper judicial authorities within a
specific period based on the type of offence, as shown
in Table 4.3.
Table 4.3. Period of time a child must be delivered to proper judicial
authorities by type of offence
Start –End
Counting starts from
the time of arrest
up to the time the
case is filed by the
prosecutor in court.
Within this period,
the child must be
delivered to judicial
authorities.
Timeframe
(no. of hours)
Offence
12
Punishable by light penalties,
or their equivalent*
18
Punishable by correctional
penalties, or their equivalent
36
Punishable by afflictive or
capital penalties, or their
equivalent
*See the penalties for theft by value of property stolen in Table 4.4.
on page 47.
Unjustified failure to deliver within the prescribed
period will make the person making the arrest and
detaining the child criminally liable. On the one hand,
a public officer who fails to deliver the child within
the prescribed period will be liable for “Delay in the
delivery of detained persons to the proper judicial authority.” A private person, on the other hand, will be
liable for “Kidnapping and Serious Illegal Detention”
or “Slight Illegal Detention,” as the case may be. A
person may be charged by either of these crimes only
in cases of warrantless arrest.
The period provided by law is counted from the time
the child is arrested. It includes the time he or she undergoes custodial investigation at the police precinct,
the inquest proceedings at the prosecution level and
ends at the time the complaint against the child is
dismissed by the prosecutor or when a case is filed by
the prosecutor in court.
Procedure in taking a child in custody. While making the arrest, it is the duty of the person effecting the
arrest to identify himself or herself and present proper
identification to the child. He or she must inform
the child of the reason for such custody and advise
the child of his or her constitutional rights (Miranda
Rights) in a language or dialect the child understands.
The person making the arrest must refrain from using
vulgar or profane words and from sexually harassing or
abusing, or making sexual advances on the child. He or
she should also avoid displaying or using any firearm,
weapon, handcuffs or other instruments of force or
restrain, unless absolutely necessary and only after all
other methods of control have been exhausted and have
failed. The person should also refrain from subjecting
the juvenile to greater restraint than is necessary for his
or her apprehension and avoid violence or unnecessary
force. 93 A female child shall only be searched by a female police officer.94 Thereafter, the arrested child shall
be brought immediately to the nearest police station
where the apprehension took place and the name of
the police officer and the place of apprehension shall
be recorded in the police blotter.95
Post-arrest; duty to notify parents, relatives, guardians and local social workers. The person taking the
child into custody is required by the new Rule on Juveniles in Conflict with the Law to notify the parents
of the child or his or her nearest relative or guardian,
if any, and the local social welfare as soon as the apprehension is made.96 In the Rules and Regulation on
Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, enacted prior to the new
Rule on Juvenile in Conflict with the Law, notification
to the parents and the Department of Social Welfare
must be made within eight hours from the time the
arrest is made.97
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Physical and mental examination. After having recorded the arrest in the police blotter, it is the duty of
the law enforcement agency concerned to immediately
take the child to any available government medical
or health officer in the area for a physical and mental
examination. A medical certificate shall be issued after
said physical and mental examination. Whenever treatment for any physical or mental defect is indicated, the
government medical or health officer shall undertake
steps to provide the child with necessary and proper
treatment. The results of the examination and/or treatment of the child shall form part of the records of his
or her case,98 but such results shall be kept confidential
unless otherwise ordered by the Family Court.
While the child is detained for purposes of police investigation, the child shall be held in secure quarters separate
from that of the opposite sex and adult offenders.99
Social Services and Counselling Division. Upon
entry of the child into the law enforcement level, it is
incumbent upon the person taking the child in custody
to contact a social worker to carry out services needed
in connection with the child. As soon as the child enters
the justice system, a social worker is contacted who shall
immediately take an intake report of the child. Intake
reports shall be further discussed under the section on
police investigation.
The Social Services and Counselling Division was
established under the law with the guidance of the
DSWD. It is composed of qualified social workers
and other personnel with academic preparation in
behavioural sciences to conduct intake assessments,
social case studies, casework, counselling and other
social services that may be needed in connection with
the case filed with the Family Court. The Division also
recommends to the Court the consultative services of
psychiatrists, psychologists and other qualified specialists employed in other government departments in
connection with the case.100
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CUSTODIAL INVESTIGATION
International laws
Article 40 of the UN CRC and Rules 7-8 of the Beijing
Rules enumerate the basic rights of the child that must
be respected while the child is under investigation, such
as the right to be treated in a manner consistent with
the promotion of the child’s sense of dignity and worth;
the right to remain silent; the right to be presumed
innocent until proven guilty; the right to be notified
of the charges against him or her; the right to counsel;
the right to presence of parent or guardian; the right
to confront and cross-examine witnesses; and the right
to privacy of the child.
Philippine legislation
Conduct of initial investigation by the police. The
rights stated in the Convention and the Beijing Rules
are guaranteed rights under the Philippine Constitution. The Rules101 likewise provide the same rights. The
police officer conducting the initial investigation of the
child shall do so in the presence of either parents of the
child. In the absence of both parents, the investigation
must be conducted in the presence of the guardian or
the nearest relative, or a social welfare officer, and the
counsel of his or her own choice. In their presence the
child shall be informed of his or her constitutional
rights during custodial investigation. The child and
the parents have the right to be informed of the nature
of the offence charged against the child. The accused
child shall have the right to remain silent and to be
informed of the same. He or she shall have the right
to a competent legal counsel preferably of his or her
own choice, and to be informed of the same.102 In case
of warrantless arrests, referral of the child’s case to the
prosecutor or judge must be done within the allowable
detention period.103
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Right to privacy is protected. The interview of the
child shall be held privately. His or her rights shall be
protected at all times and all measures necessary to
promote this right shall be taken, including the exclusion of the media.104 This right to privacy extends even
during the fingerprinting and photographing of the
child. Thus, while under investigation, the child shall
not be fingerprinted or photographed in a humiliating and degrading manner. His or her fingerprint
and photograph files shall be kept separate from those
of adults and shall be kept confidential. They may
be inspected by law enforcement officers only when
necessary for the discharge of their duties and upon
prior authority of the Family Court. The fingerprints
and photographs shall be removed from the files and
destroyed if the case against the child is not filed, or is
dismissed or when the child reaches 21 years of age and
there is no record that he or she committed an offence
after reaching 18 years of age.105
Referral of the case to social worker. After consultations with the Department and if the interest of the
child shall be served thereby, the arresting officer shall
release the child to the custody of a social worker or a
responsible person in the community for supervision,
counselling or provision or other intervention measures
or services.
Intake report by the social worker. Upon the taking
the child into custody, the social welfare officer assigned to him or her by the DSWD shall immediately
undertake a preliminary background investigation of
the child and submit, prior to arraignment, a report
on his or her findings to the Family Court in which
the case may be filed.106
The intake report is a preliminary written report containing the personal and other circumstances of the
CICL and prepared by the social worker assigned by
the DSWD or the local government unit (LGU) to
assist the child as soon as he or she enters the justice
system.107
The intake report contains, among others, the bio data
of the child, his or her address, date of birth, family
composition and the identity of the parents. This is
necessary for the social worker/officer to conduct home
visits and validate the information given during the
interview of the child. The date of detention and the
version of the incident as related by the minor must also
be included in the intake report to determine whether
there had been violations of the child’s rights during
arrest and custodial investigation.108
The Child Enters the Prosecution
Pillar
INQUEST/PRELIMINARY INVESTIGATION
Referral of the case to the prosecutor. If findings warrant, the arresting officer shall forward the records of
the case of the youth under custody to the prosecutor or
judge concerned for the conduct of an inquest and/or
preliminary investigation to determine whether the
youth should remain under custody and correspondingly charged in court. The document transmitting
said records shall display the word, “YOUTH,” in bold
letters. The arresting officer shall bring the youth to
the proper authorities within the periods prescribed
in Art. 125 of the Revised Penal Code, as amended by
Executive Order (EO) No. 272. 109
Upon endorsement of records by the arresting officer,
the investigating officers authorised to conduct an
inquest or preliminary investigation shall now begin
the investigation of the case. The child now enters the
prosecution level.
Inquest investigation. An inquest proceeding is an
informal and summary investigation conducted by
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a public prosecutor in a criminal case involving a
person arrested and detained without the benefit of a
warrant of arrest issued by the court for the purpose
of determining whether or not that person should
remain under custody and correspondingly charged
in court.110 Such proceedings are provided in order
to prevent the person from being detained longer than
necessary and within the prescribed period provided by
law. Thus, teams of prosecutors are assigned for each
day and have a duty to conduct inquest proceedings in
cases where the accused are arrested during and even
after office hours and during weekends to conduct
inquest investigation.
Preliminary investigation. The purpose of the proceedings is to determine whether there is sufficient
ground to create a well-founded belief that a crime
has been committed and the child being investigated is
probably guilty thereof.111 This inquiry or proceeding
pre-supposes that a complaint has already been filed
against the child with the office of those authorised to
conduct preliminary investigation.112 Inquest investigation, on the other hand, pre-supposes no complaint had
been filed against the child as in a situation where the
child was caught in the act of committing a crime.
The manner of conducting the preliminary investigation shall be done according to the Revised Rules on
Criminal Procedure as far as they are consistent with
the Rule on Juvenile in Conflict with the Law.113
Filing of case in ourt. If the evidence submitted in
the inquest/preliminary investigation engenders a
well-founded belief that a crime has been committed
and that the child is probably guilty thereof, the corresponding criminal complaint/information shall be
filed against the child with the Family Court. This
initiates the child’s entrance to the court pillar.
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DETENTION / RELEASE
International laws
Under the Beijing Rules, the judge or official body
(eg, police officer) must consider the issue of release
immediately. Rule 113 of the Beijing Rules further
states that detention shall be used as a measure of last
resort and at the shortest time possible. Alternative
to detention shall be close supervision or placement
with the family. Detained minors must be separated
from adult detainees and their rights respected. Care,
protection and all necessary individual aid on account
of their age, sex and personality shall be provided.
Article III.17 of the UN Rules for the Protection of
Juveniles Deprived of their Liberty states that detention or imprisonment shall be a last resort and only
for minimum necessary period and limited to exceptional cases. Detention shall be for the shortest possible
time.114 Detained juveniles shall be separated from
convicted juveniles.115 Accused juvenile persons shall
be separated from adults and brought for adjudication
as quickly as possible.116
Article 5, Sec. 46 of the Riyadh Guidelines further
provides that the criteria authorising formal intervention such as institutionalisation should be strictly
defined and limited to the situations enumerated by
the Riyadh Guidelines. Institutionalisation of young
persons should be a measure of last resort for a minimum necessary period, taking into account the best
interests of young persons.117 It also specifies detailed
requirements in the management of juvenile facilities,
personnel, physical environment and accommodation,
education, vocational training and work, religion,
medical care, contacts with the wider community,
limitations of physical restraint and use of force, disciplinary procedures and return to community.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Philippine legislation
A child held for investigation, trial or pending appeal
may invoke his or her right to be released on bail or
recognisance.
Recognisance. A child may invoke his or her right to
be released on recognisance if charged only with offences falling under the Revised Rules on Summary
Procedure.118 He or she shall be released to the custody
of his or her parents or other suitable persons who
shall be responsible for the child’s appearance in court
wherever required.119
However, even if the offence charged against the child
is not one of those falling under the Revised Rules on
Summary Procedure, if the child is qualified to post bail
but is unable to post one for lack of financial resources,
he or she may still be released on recognisance. Thus,
if he or she does not pose a threat to public safety, the
Family Court may, motu propio (on its own accord), or
upon the motion and recommendation of the DSWD,
release the child on recognisance.120
121
122
Bail. Bail is a matter of right unless the crime is
punishable by death, reclusion perpetua or life imprisonment.123 In the event that the child cannot avail of
recognisance or bail, he or she shall from the time of
his or her arrest be committed to the care of DSWD, a
youth detention centre, or a local rehabilitation centre
for children, which shall be responsible for the child’s
appearance in court.
In the absence of any such centre or agency within a
reasonable distance from the venue of the trial, the
child shall be detained in the provincial, city or municipal jail, which shall provide adequate quarters for
the juvenile separate from adult detainees and detainees
of the opposite sex.124
The DSWD is mandated to establish regional rehabilitation centres for CICL. The local government and
other non-government entities shall collaborate and
contribute their support for the establishment and
maintenance of these facilities.125
The Department of Interior and Local Government
(DILG) is also mandated to establish detention homes
separate from jails pending the disposition of cases of
CICL.126 The Family Court judge has direct control
and supervision of the youth detention home.127
The child, if institutionalised, must be given separate
detention quarters from adults in jails in the absence of
any such home within a reasonable distance from the
venue of trial.128 Alternatives to detention and institutional care shall be made available to the accused child
including counselling, recognisance, bail, community
continuum or diversion from the justice system.129
The Child Enters Court Level
International Law
Under Rules 14-16 of the Beijing Rules, if the child is
not diverted, he or she must be dealt with by a competent court, board or council according to the principles
of a fair and just trial. Social inquiry reports regarding
the background and circumstances of the child must be
resorted to. Proceedings must be done in an atmosphere
of understanding where the juvenile has the opportunity to freely express himself or herself. Parents have
the right to participate in the trial if beneficial to the
juvenile. The child shall have the right to a counsel of
his or her own choice and to free legal service if he or
she cannot afford to pay. The court is given the power
to discontinue proceedings at any time.130 Article 14.1
of the International Covenant on Civil and Political
Rights also provides for the right of an accused to a fair
and public hearing by a competent, independent and
impartial tribunal. In the case of juveniles, criminal
procedure should take into account their age and the
desirability of promoting their rehabilitation.131
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PHILIPPINE LEGISLATION
PROSECUTION OF THE CASE
Court where case is tried. The child accused of the
crime has the right to be tried by the duly designated
Family Court.132 Through filing of information by
the prosecutor or filing of complaint directly with the
Family Court133 as the case may be, the institution of
the case initiates the proceeding against the child in
court. The Family Court then determines, according to
the offence charged against the child, whether to apply
the Diversion Proceedings, or the Rules on Summary
Procedure or whether the child should undergo a fullblown trial. A separate section shall discuss Diversion
and Summary Proceedings.
During trial, a guardian ad litem shall be appointed
if the parent or guardian is absent or has adverse interests. 134
Rights of the child. The general rights of the accused
under the Constitution135 in connection with the
prosecution of the case are likewise applicable to the
child. These rights are: (1) Right to due process of law;
(2) Right to be presumed innocent until proven guilty;
(3) Right to be heard by him/herself and counsel; (4)
Right to a speedy, impartial and public trial; (5) Right
to confrontation of witnesses against him or her; (6)
Right against self-incrimination; and (7) Right to be
protected from public identification. Moreover, his or
her privacy must be fully respected in all stages of the
proceedings.136 The child’s name, biographical information or his or her image by means of still or moving
pictures shall not be made public in connection with
the criminal proceedings against him or her. 137
Arraignment and plea. The arraignment of the child
signifies his or her formal entry into the court pillar.
It is at this time that the court will gain jurisdiction
over his or her person. Arraignment shall be held in
the chambers and conducted by the judge. After ex36
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plaining the nature and consequences, the judge will
ask the child whether to plea guilty or not guilty to the
offence charged against him or her.138
Pre-trial139 and trial. During the pre-trial conference,
whenever possible and practicable, the Family Court
shall explore all possibilities of settlement of the case
except its criminal aspect. Plea-bargaining shall be
resorted to only as a last measure when it will serve
the best interest of the child and the demands of restorative justice.140
Hearings shall be conducted in a manner conducive
to the best interests of the child and in an environment that will allow him or her to freely and fully
participate.141
Specific days for the trial of cases. Trial judges designated in the Family Courts shall endeavour to assign
specific days for the trial of cases involving minor offenders to the exclusion of criminal cases against adult
offenders.
DECISION OF THE CASE
INTERNATIONAL LAWS
Rule 17 of Beijing Rules provides that the restriction on
freedom of the juvenile shall be limited to the possible
minimum. There is deprivation of liberty of the child
only if convicted of: (1) Serious act involving violence
against another person or (2) Persistence in committing
other serious offences and there is no other appropriate
response. The well-being of the juvenile shall always be
paramount consideration.
Rule 17 of Beijing Rules placed importance on the
theory of “proportionality.” The reaction on the offending child shall be in proportion to the circumstances
and gravity of offences, and to circumstances and needs
of offender and society.
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Article 6(5) of the International Convention on Civil
and Political Rights prohibits the imposition of the
sentence of death for crimes committed by persons
below 18 years of age. Under Art. 37 of the UN CRC,
there is prohibition on the imposition of capital punishment and life imprisonment without possibility of
release for offences committed before the age of 18
years. Torture and other cruel, inhuman or degrading
treatment or punishment are likewise prohibited. Rule
17 of Beijing Rules provides for the prohibition on
capital and corporal punishment.
PHILIPPINE LEGISLATION
Guiding principles in the decision of CICL cases.
The Rule on JICL142 enumerates principles to
guide the judge in deciding the case against the
child, as follows:
1. It shall be in proportion to the gravity of the offence, and shall consider the circumstances and
the best interests of the child, the rights of the
victim and the needs of society in line with the
demands of restorative justice.
2. Restrictions on the personal liberty of the child
shall be limited to the minimum. Where discretion is given by law to the judge to determine
whether the penalty to be imposed is fine or imprisonment, the imposition of the former should
be preferred as the more appropriate penalty.
3. No corporal punishment shall be imposed.
Right to dismissal. Art. 189 of PD 603 provides
the right to dismissal and commitment to parents or
guardian if the child is below nine years old. The right
to dismissal of the case against him or her and commitment to parents/guardians may also be invoked by
the child between nine years old and below 15 years
unless the child acted with discernment.
Promulgation of sentence. If after trial the Family
Court should find the child guilty, it shall promulgate the sentence, impose the proper penalty
and ascertain any civil liability that the child may
have incurred.143
Automatic suspension of sentence. Instead of
serving his or her sentence, the child found to
have committed the act constituting the offence
is generally entitled to automatic suspension of
sentence,144 except if the offence is punishable
by death or life imprisonment, or if the child has
previously availed of suspension of sentence 145 or
when at the time of promulgation of judgment the
child is already 18 years of age or over.146
Imposable penalty is lowered. The law provides
for the lowering of the penalty in considering the
age of the child. If the convicted youth is over nine
but under 15 years of age, the penalty imposed is
two degrees lower than that prescribed by law. If
the child is over 15 years of age but below 18 years,
the penalty imposed shall be one degree lower than
that prescribed by law.147
Prohibition on death penalty. Philippine law
prohibits death penalty on persons below 18
years of age at the time of the commission of the
crime.148
DISPOSITION MEASURES
International Laws
In relation to Art. 37 (b) of the UN CRC, Rules 1820 of the Beijing Rules states that placement in an
institution shall be a disposition of last resort and for
minimum necessary period. Alternatives to detention
shall be imposed in proper cases such as probation,
community service order, financial penalties, treatment
orders and supervision order. No juvenile shall be removed from parental supervision unless circumstances
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make it necessary. Art. 37 of the UN CRC also provides
that the child deprived of liberty shall be separated
from adults and have the right to maintain contact
with his or her family.
Philippine Legislation
Disposition measures if sentence suspended. The
court shall set the case for a disposition conference
within 15 days from the promulgation of sentence,
which shall be attended by the social worker of the
Family Court, the juvenile and his/her parents or
guardian ad litem. It shall proceed to issue any or a
combination of the following disposition measures
best suited to the rehabilitation and welfare of the
juvenile:
1. Care, guidance and supervision orders;
2. Community service orders;
3. Drug and alcohol treatment;
4. Participation in group counselling and similar
activities and
5. Commitment to the Youth Rehabilitation Center
of the DSWD or other centres for juveniles in
conflict with the law authorised by the Secretary
of the DSWD.
The Social Services and Counselling Division (SSCD)
of the DSWD shall monitor the compliance by the
juvenile in conflict with the law with the disposition
measure and shall submit regularly to the Family Court
a status and progress report on the matter. The Family
Court may set a conference for the evaluation of such
report in the presence, if practicable, of the juvenile,
his/her parents or guardian, and other persons whose
presence may be deemed necessary.
Discharge of child subject of disposition measure. Upon the recommendation of the SSCD
and a duly authorised officer of the DSWD, the
head of an appropriate centre or the duly accre38
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dited child-caring agency that has custody over the
child, the Family Court shall, after due notice to
all parties and hearing, dismiss the case against the
child who has been issued disposition measures,
even before he or she has reached 18 years of age,
and order a final discharge if it finds that the child
has behaved properly and has shown the capability
to be a useful member of the community. 149
Non-discharge of the child. If the Family Court,
however, finds that the child has not behaved
properly, has been incorrigible, has not shown the
capability of becoming a useful member of society,
has willfully failed to comply with the conditions
of his disposition or rehabilitation programme, or
should his or her continued stay in the training
institution where the child has been assigned be
not in his or her best interests, the child shall be
brought before the court for execution of his or
her judgment. 150
The child reaches 18 years of age while in commitment. If the child reaches the age of 18 years
while in commitment, the Family Court shall
determine whether to dismiss the case or to execute
the judgment of conviction. In the latter case,
unless the child has already availed of probation
under PD 603 or other similar laws, he or she may
apply for probation if qualified under the provisions of the Probation Law. 151
Probation as an alternative to imprisonment.152
After promulgation of sentence and upon application at any time by the child, the Family Court
may place the child on probation if he or she is
qualified under the Probation Law.153 Probation
suspends the execution of the sentence of the
convicted child, who shall be released under the
supervision of a probation officer and subject to
conditions imposed by the Family Court.154
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Disqualified offenders. Probation cannot be extended
to those: (a) Sentenced to serve a maximum term of
imprisonment of more than six years; (b) Convicted of
any offence against the security of the State; (c) Who
have previously been convicted by final judgment of
an offence punished by imprisonment of not less than
one month and one day and/or a fine of not less than
Php200; and (d) Who have been once on probation
under the provisions of this Decree. 155
Termination of probation. After the period of
probation and upon consideration of the report and
recommendation of the probation officer, the court
may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions
of his probation and thereupon the case is deemed
terminated. 156
Effect of final discharge of probationer. The final
discharge of the probationer shall operate to restore
to him all civil rights lost or suspend as a result of his
conviction and to fully discharge his liability for any
fine imposed as to the offence for which probation
was granted. 157
Confidentiality of records of probationer. The
investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged and shall not be disclosed directly or indirectly
to anyone other than the Probation Administration or
the court concerned, except that the court, in its discretion, may permit the probationer or his/her attorney to
inspect the aforementioned documents or parts thereof
whenever the best interest of the probationer makes
such disclosure desirable or helpful; provided further
that any government office or agency engaged in the
correction or rehabilitation of offenders may, if necessary, obtain copies of said documents for its official use
from the proper court or the Administration. 158
Upon suspension of sentence, he or she shall be committed to either the DSWD, a government training
institution or a responsible person until he or she
reaches 21 years old or for lesser period if he or she
exhibits good behaviour. If the youth behaved properly
and displayed capability to be a useful member of the
community, the court shall dismiss the case. If the
youth remains incorrigible, a sentence of conviction
shall be pronounced but the youth is entitled to apply
for probation.
The Child Enters the Correction
Pillar
INTERNATIONAL LAW
The aim of treatment of prisoners under Art. 10(3) of
the International Convention on Civil and Political
Rights shall be reformation and social rehabilitation.
Juvenile offenders shall be segregated from adults and
be accorded treatment appropriate to their age and legal
status. Rules 24-26 of the Beijing Rules state that at
all stages of proceedings, the State has the obligation
to provide the child lodging, education, vocational
training, employment and other assistance to facilitate
the rehabilitation process. In case of institutional treatment, the objective of the training and treatment is
to provide care, protection, education and vocational
skills. The goal is to help them assume socially constructive and productive roles in society. To hasten the
reformative process, the juvenile should be separated
from adult offenders and special attention must be
given to young female offenders owing to their special
needs and problems.
Chapter 4 • International and National Laws Related to Children’s Justice
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PHILIPPINE LEGISLATION
CONFIDENTIALITY OF RECORDS
The convicted child shall be committed to
proper penal institution to serve his or her sentence. Whenever practicable, the child shall be
completely segregated from adult offenders and
grouped according to age levels, pathological or
behavioural tendencies or other suitable criteria to
ensure his or her speedy rehabilitation. The child
may serve his or her sentence in agricultural and
forestry prison camps that may be established by
the Bureau of Correction in lieu of confinement
in a regular penal institution.159
International Laws
ANALYSIS AND RECOMMENDATION
Benefits are not provided for those less than 21
years of age including separate detention cells
from adults if committed to a penal institution
(see Sec. 30 of Rules and Regulations). There are
also no agricultural and forestry prison camps for
the Metro Manila area.
The Child Enters the Community
The following are some ways by which a CICL can
be reverted to and his/her offence settled in the community.
1. Amicable settlement or conciliation under the
Katarungang Pambarangay Law (the Barangay
Justice Law)
2. Diversion proceedings under JICL
3. Suspension of sentence and discharge of the
CICL
4. Termination of probation
5. After service of sentence
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Rule 21 of the Beijing Rules provides that records
shall be kept highly confidential. Records cannot be
used in future adult proceedings involving the same
offender.
Philippine Legislation
All records of cases are considered privileged and
shall not be disclosed by anyone to any person except: (1) To answer inquiry from another court, the
DSWD or any government agency to determine if
the youth is entitled to suspension of sentence or
probation; (2) To answer inquiry from the victim
or the victim’s heirs relating to civil liability or; (3)
If the child may be granted probation under the
Probation Law.160
Other measures to protect confidentiality.
The Family Court shall take other measures to
protect this confidentiality of proceedings including non-disclosure of records to the media, the
maintenance of a separate police blotter for cases
involving juveniles in conflict with the law and the
adoption of a system of coding to conceal material information, which will lead to the juvenile’s
identity. Records of juveniles in conflict with the
law shall not be used in subsequent proceedings or
cases involving the same offender as an adult. 161
Non-liability for perjury, concealment or misrepresentation. The child shall have the right not
to disclose or acknowledge a previous criminal
charge against him or her and cannot be held guilty
of perjury, concealment or misrepresentation by
reason of his or her failure to acknowledge the case
or recite any fact related thereto in response to
any inquiry made to him or her for any purpose.
162
This right is applicable only in cases where the
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
child has been acquitted, if the case against him
or her has been dismissed or the child has been
committed to an institution and subsequently
discharged by the Family Court because of good
behaviour.163
Discussion of Some Relevant Laws
Affecting CICL
RULE ON JUVENILES IN CONFLICT WITH THE LAW
The New Rule is a recent response to the clamour for
the improvement of the juvenile justice system in the
Philippines. Despite several child-oriented laws and
regulations governing children’s justice particularly in
dealing with CICL, there are still major concerns left
unaddressed. Thus, the Philippine Supreme Court
enacted the New Rule that recently took effect on 15
April 2002.
An important novelty in the New Rule is the institutionalisation of the Diversion Proceedings within the
formal court proceedings before the child is held for
trial. Prior to this rule, a child may avail of suspension
of sentence or probation, which are forms of diversion from service of sentence. Diversion Proceedings,
on the other hand, can be availed of before the child
is held for trial. This is in consonance with the goal
of the New Rule, which is to divert from the justice
system children who can be cared for or placed under
community-based alternative programmes of treatment, training and rehabilitation in conformity with
the principle of restorative justice.
The New Rule also defines the concept of restorative
justice. With this definition the restorative justice,
philosophy was expressly recognised for the first time
in the Philippine legal system.
The New Rule seeks to formulate a more rehabilitative
approach on the juvenile justice system, as exemplified
by the institutionalisation of Diversion Proceedings.
It also endeavours to apply the principles of restorative justice in its procedures. Some of the changes
introduced should be re-examined to ascertain if the
provisions indeed promote the various international
instruments concerned with children’s rights and
whether they are still faithful to Philippine laws enacted in accordance with international instruments
on children’s rights.
1. Applicability of the rule
a. Age of the child in conflict with the law.
The New Rule defines a CICL as someone
who is not less than nine years but below
18 years of age at the time of the commission
of the crime. On the other hand, those minor
who are nine years old or below at the time
of the commission of the offence are exempt
from criminal liability.164 This phrase, which
followed the wording of the Family Courts
Act, marked a significant importance in the
delineation of age of criminal responsibility.
It seems that the wording of different Philippine laws defining who is a CICL varies.
Thus, it is not clear whether a nine-year-old
child at the time the offence was committed
is exempt or liable. A Supreme Court ruling165
has interpreted laws to mean that criminal
responsibility excludes children who are nine
years of age. Perhaps, this interpretation was
hinged on the principle that penal provisions
must always be construed in favour of the
accused. With the onset of the New Rule
including a nine-year-old child as capable of
incurring criminal liability, it seems that the
New Rule contradicted its own objective of
“considering the developmental age of the
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
child and his or her eventual reintegration in
the society in accordance with the principle
of restorative justice” because, with definite
wordings, it has expressly lowered the age of
criminal responsibility and has expressly included in the category of children in conflict
with the law those who are nine years old at
the time of the commission of the crime.
b. The initial contact rule. The New Rule requires
that in order for it to be applicable, initial contact
with the CICL must be at the time that the child
is still below 18 years of age.
Initial contact means the apprehension or
taking into custody of a juvenile in conflict
with the law by law enforcement officers or
private citizens. It includes the time when the
juvenile receives a subpoena or summons in
cases that do not require preliminary investigation or where there is no necessity to place
the juvenile under immediate custody. 166
Thus, even if the person commits an offence at the
time that he or she is below 18 years of age, if the
initial contact happens at the time the person has
already reached majority age, through no fault of
his or hers, the person shall be tried as an adult
for the crime committed as a child.
2. Diversion
a. Applicability of diversion proceedings. To
qualify for Diversion Proceedings, the maximum
penalty imposed by law for the offence committed
must be imprisonment of six months regardless of fine, or fine alone regardless of amount.
Majority of the offences committed by children
do not qualify for diversion. Hence, despite the
existence of this proceedings, many CICL cannot
avail of diversion and are still exposed to the usual
formal court proceedings because of the limited
applicability of the New Rule.
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b. Diversion is done within the formal court system. The Diversion Proceedings under the New
Rule contemplates a proceeding done within the
formal justice system. Before a child is qualified
for diversion, it presupposes that an information
or complaint is first filed against him or her in
the Family Court. In each Family Court, there
exists a Diversion Committee, composed of its
branch clerk of court as chairperson, the prosecutor, a lawyer of the PAO and social worker
assigned by the Family Court--all of whom are
court personnel. During the diversion conference,
the counsels of the CICL, as well as that of the
private complainant, are also present.
3. Bail
An examination of law and rules shows that
generally an adult accused is entitled to bail as
a matter of right unless the penalty imposed is
death, reclusion perpetua or life imprisonment if
evidence of guilt is strong.
Considering that children are entitled to a privilege mitigating circumstance of minority, the issue
then is whether they are entitled to bail as a matter of right even if the imposable penalty for the
crime committed is afflictive in nature (death,
reclusion perpetua or life imprisonment).
A Supreme Court167 case has settled this issue in a case where the child charged with
murder with an imposable penalty of reclusion
perpetua to death applied for bail. Thus, it
stated, “where it has been established without
objection that accused is only 16 years old, it
follows that if convicted, he should be given
the ‘penalty next lower than that prescribed
by law,’ which effectively rules out the death
penalty.” The reason for this ruling was, “the
Constitution withholds the guarantee of bail
from one who is accused of a capital offence
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
where the evidence of guilt is strong. The obvious reason is that one faces a probable death
sentence has a particularly strong temptation
to flee. This reason does not hold where the
accused has been established without objection to be a minor who by law cannot be
sentenced to death.”
The case above was decided before the 1987
Constitution, which eventually abolished death
penalty. As a result, the Constitution provided
that no bail is allowed for crimes with imposable
penalty of reclusion perpetua when evidence of
guilt is strong. The Rules of Criminal Procedure,
thus followed suit and provides no bail for those
crimes punishable by reclusion perpetua when
evidence of guilt is strong. However, the Heinous Crime Law later on reinstated the Death
Penalty. Thus, amendments were made to the
Rules of Criminal Procedure on bail but instead
of disallowing bail only on crimes with imposable
penalty, the Rules on Criminal Procedure further
provide that bail is not allowed for crimes punishable with death penalty, life imprisonment and
reclusion perpetua when evidence of guilt is strong.
The problem, thus, arises with regard to minors
15 years old and above who committed crimes
with imposable penalty of death because when
there is the privilege mitigating circumstance
of age, which is one degree lower, (eg, reclusion
perpetua) they are still within the purview of the
rule disallowing bail. This issue was later on resolved by the New Rule and in effect altogether
precluded such children to invoke their right to
bail when it copied the exact provision of the
Rules on Criminal Procedure on bail. Thus, Sec.
17 of the New Rule states that:
No juvenile charged with an offence punishable
by death, reclusion perpetua or life imprisonment
shall be admitted to bail when evidence of guilt
is strong.
4. Suspension of sentence
The New Rule has provided certain instances
where suspension of sentence does not apply to a
juvenile offender. Sec. 32 states that the benefits
of suspended sentence shall not apply to a CICL
who (a) has once enjoyed suspension of sentence;
(b) is convicted of an offence punishable by death,
reclusion perpetua or life imprisonment; or (c)
when at the time of promulgation of judgment
is already 18 years of age or over.
A feature that catches one’s attention on this provision is the preclusion of the child from availing
the benefits of the suspended sentence by reason
that he or she has already reached the majority
age at the time of the promulgation of sentence
even if the crime was committed during minority.
This clearly places the child at a great disadvantage
because the child is denied the chance to rehabilitate simply because he or she has already reached
majority age. Considering that the procedure in
the justice system is inherently slow, which causes
the prolonged disposition of the case, the child
is now treated like an adult under the criminal
justice system through no fault of such child.
THE COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002
The Comprehensive Dangerous Drugs Act of 2002
(RA 9165) approved on 2 June 2002 was enacted for
providing an extensive approach towards the eradication of illegal drugs.
Forms of diversion are also available for those who
violated the provisions such as the voluntary submission of the person found to be a drug dependent to
confinement, treatment and rehabilitation and suspension of sentence for CICL.
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Voluntary submission
A drug dependent may be placed under the care of
a Department of Health (DOH)-accredited physician where there is no centre near or accessible to the
residence of the drug dependent or where said drug
dependant is below 18 years of age and is a first-time
offender and non-confinement in a centre will not
pose a serious danger to his or her family or the community. 168
but not more than 18 years of age at the time when the
judgment should have been promulgated after having
been found guilty of said offence, may be given the
benefits of a suspended sentence subject to the following conditions:
(a) He/she has not been previously convicted of violating
any provision of this Act, or of the Dangerous Drugs
Act of 1972, as amended; or of the Revised Penal
Code; or of any special penal laws;
A drug dependent under the voluntary submission programme, who is finally discharged, may also be exempt
from criminal liability under conditions provided by
law,169 thus if such drug dependent is a child, he or
she will be spared undergoing a trial.
(b) He/she has not been previously committed to a centre
or to the care of a DOH-accredited physician; and
A drug dependent discharged as rehabilitated by the
DOH-accredited centre through the voluntary submission programme but does not qualify for exemption
from criminal liability under the law, may be charged
but shall be place under service in lieu of imprisonment and/or fine in the discretion of the court, without
prejudice to the outcome of the pending case filed in
court. 170
On the otherhand, in case of minors under 15 years of
age at the time of the commission of the offence, Art.
192 of PD 603 as amended shall apply.172
Such drug dependent shall undergo community service
as part of his or her aftercare and follow-up programme,
which may be done in co-ordination with non-governmental civil organisations accredited by the DSWD,
with the recommendation of the Board.171
Suspension of sentence of a first-time minor offender
If the child cannot be qualified to avail of the privilege
voluntary submission (for example, she/he is not a drug
dependent), the child may still avail of the benefit of
suspension of sentence.
The law provides that an accused who is over 15 years
of age at the time of the commission of the offence,
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(c) The Board favourably recommends that his/her
sentence be suspended.
ANALYSIS AND RECOMMENDATIONS
From the above provisions, one can see that with regard to minors 15 years and over who violate the laws
under the Comprehensive Dangerous Drugs Act of
2002, stricter conditions are imposed by law before
such children can avail of the benefits of suspended
sentence. It is therefore recommended that the suspension of sentence under Art. 192 of PD 603 as amended
be applied even to minors 15 years or over.
Nevertheless, it should also be noted that even if the
first-time minor offender cannot avail of suspension
of sentence, he or she might avail of probation or
community service in lieu of imprisonment. Thus,
upon promulgation of sentence, the court may, in its
discretion, place the accused under probation, even if
the sentence provided by the law is higher than that
provided under the existing law on probation, or impose community service in lieu of imprisonment.173
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
THE MENDICANCY LAW OF 1978
The Presidential Mendicancy Law of 1978 (PD 1563),
which punishes both the beggar and the alms giver, is
aimed at controlling and eradicating begging activities.
The law defines mendicant as any person, except those
enumerated in Sec. 4 of this Decree, who has no visible
and legal means of support, or lawful employment and
who is physically able to work but neglects to apply
himself/herself to some lawful calling and instead uses
begging as a means of living.174
Sec. 4 of the law provides the apprehension and services
for persons found begging:
Any infant or child 8 years old and below who is
found begging or is being utilised by a mendicant
for purposes of begging shall be apprehended as a
neglected child under Article 141 of PD 603 and
shall be committed to the custody and care of the
Department of Social Services and Development
or to any duly licensed child placement agency
or individual.
Any minor over 9 years of age under 15 found
begging or is being utilised for purposes of begging and who acted without discernment shall be
apprehended as a neglected child under Article
141 of Presidential Decree No. 603 and shall
be committed to the custody and care of the
Department of Social Services and Development
or to any duly licensed placement agency or individual.
Any minor over 9 years of age and under 15 who
is found begging or is being utilised for the purpose of begging and who acted with discernment
shall be proceeded against in accordance with the
provisions of Chapter 3, Title VIII of Presidential
Decree No. 603.
Any person not otherwise covered in the preceding paragraph of this Section who is found
begging and who is physically or mentally incapable of gainful occupation shall be provided the
integrated package of services by the Department
of Social Services and Development, the Welfare
units of local governments and other cooperating
agencies.
Criminal liability, which attached to those violating the mendicancy law are the following:175
A mendicant shall, upon conviction, be punished
by a fine not exceeding P500.00 or by imprisonment for a period not exceeding 2 years or both
at the discretion of the court.
A habitual mendicant shall be punished by a fine
not exceeding P1,000.00 or by imprisonment
for a period not exceeding 4 years or both at the
discretion of the court.
Parents of exploited infants or minors under Section 4 of this Decree shall be proceeded against in
accordance with Articles 59 and 60 of Presidential
Decree No. 603, unless they are themselves mendicants.
Any person who abets mendicancy by giving
alms directly to mendicants, exploited infants
and minors on public roads, sidewalks, parks and
bridges shall be punished by a fine not exceeding
P20.00.
ANALYSIS AND RECOMMENDATIONS
Children over nine years of age but below 15 who acted
with discernment as well as children over 15 years of
age may be penalised as mendicants under the law.
Considering that the maximum imposable penalty is
more than six months, said child violating the Mendicancy Law cannot even be qualified for diversion
under the New Rule.
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
It is recommended for the decriminalisation of such
status offence particularly when offenders involved
are children.
Revised Penal Code, Art. 202: Vagrants and Prostitutes
The law considers vagrancy and prostitution as criminal
offences that are punishable; thus, the Revised Penal
Code provides under Art. 202:
Vagrants and prostitutes; Penalty. — The following
are vagrants:
1. Any person having no apparent means of subsistence,
who has the physical ability to work and who neglects
to apply himself or herself to some lawful calling;
2. Any person found loitering about public or semipublic buildings or places or trampling or wandering
about the country or the streets without visible means
of support;
3. Any idle or dissolute person who ledges in houses of
ill fame; ruffians or pimps and those who habitually
associate with prostitutes;
4. Any person who, not being included in the provisions
of other articles of this Code, shall be found loitering
in any inhabited or uninhabited place belonging to
another without any lawful or justifiable purpose.
PROSTITUTES
For the purposes of this article, women or men who,
for money or profit, habitually indulge in sexual intercourse or lascivious conduct are deemed prostitutes.
Any person found guilty of any of the offences covered
by this article shall be punished by arresto menor or a
fine not exceeding Php200, and in case of recidivism,
by arresto mayor in its medium period to prision correccional in its minimum period or a fine ranging
from Php200 to Php2,000, or both, in the discretion
of the court.
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ANALYSIS AND RECOMMENDATIONS
With the passage of RA 7610, or An Act Providing
for Stronger Deterrence and Special Protection Against
Child Abuse, Exploitation and Discrimination, child
prostitution and other forms of sexual abuse176 is now
considered a criminal offence. Nevertheless, the law has
not made any amendment regarding the provision on
prostitution in Art. 202 of the Revised Penal Code. As
a result, children who came under the purview of Sec.
5 of RA 7610 as victims of child prostitution are also
considered as offenders under Art. 202 of the Revised
Penal Code. Thus, it is recommended that prostitution
be decriminalised. Article 202 of the Revised Penal
Code, which talks about vagrants and individuals in
prostitution, should be amended.
REVISED PENAL CODE,TITLE 10, CRIMES AGAINST
PROPERTY,THEFT
The imposable penalty for the crime of theft under Art.
309 of the Revised Penal Code depends on the value
of the thing stolen (see Table 4.4.).
ANALYSIS AND RECOMMENDATIONS
Considering that the Revised Penal Code was enacted
in 1932, the value of money has greatly decreased by
this time. This provision in terms of using the abovelisted value for determining the penalty is already
obsolete and requires amendment of the law to respond
to present times. Studies have shown that crimes against
property (eg, theft) are the ones mostly committed by
CICLs. However, because of such provision, only those
CICL who steal an item amounting to merely Php50
or below can avail of diversion proceedings.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 4.4. Penalty for theft by value of property stolen
Value of Property Stolen
Penalty
Years
More than Php22,000
Prisión Mayor maximum + 1 year for each additional
Php10,000, but total years imposed not to exceed 20 years
10 yrs & 1 day to 12 yrs + 10 yrs
but not exceeding 20 yrs
More than Php12,000 up to Php22,000
Prisión Mayor minimum and medium period
6 yrs & 1 day to 10 yrs
More than Php6,000 up to Php12,000
Prisión Correccional medium and maximum
2 yrs, 4 mos. to 6 yrs.
More than Php200 up to Php6,000
Prisión Correccional minimum and medium
6 mos. & 1 day to 4 yrs & 2 mos.
More than Php50 up to Php 200
Arresto Mayor medium to Prisión Correccional minimum
2 mos. & 1 day to 2 yrs. & 4 mos.
More than Php5 up to Php50
Arresto Mayor full extent
1 mo. & 1 day to 6 mos.
Php5 and below
Arresto Mayor minimum and medium
1 mo. to 4 mos.
Php5 and below
Arresto Menor or a fine not exceeding Php200 pesosa
1 to 30 days
Php5 and below
Arresto Menor minimum or fine not exceeding Php50b
1 to 10 days
a
If a person shall enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall
hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products.
b
If the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of his or her family.
Chapter 4 • International and National Laws Related to Children’s Justice
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
5 City and Barangay Ordinances and Resolutions
The entanglement of children with local laws cannot be
ignored. A considerable number of city and barangay
ordinances, while intended to govern all citizens, are
often violated mostly by minors. There are also resolutions at the local level that apply to children in general
or specifically with CICL. Among the offences allegedly
committed by children in the respondent cities include
violations of city and barangay ordinances.
Most of the existing literature centre on international
and national laws affecting children. This project, however, considers it relevant to collect and present laws
implemented at the city or barangay level to illustrate
the treatment of CICL by local legislative bodies. This
is the first instance that a discussion will be made on
these areas of legislation. After a brief background,
this chapter presents a discussion on ordinances, both
penal and non-penal, and resolutions that affect minors
in respondent cities and barangays and thereafter, an
analysis of said laws.
Background
For national laws of general applicability, legislative
power is vested in the Congress of the Philippines,
which consists of the Senate and the House of Representatives. 177
At the barangay level, the sangguniang barangay is the
legislative body, composed of the barangay chair or
Punong Barangay as presiding officer, the seven regular
Sangguniang Barangay members elected at large and
Sangguniang Kabataan (SK; youth council) chair, as
members.178
or ordinance and to promote the general welfare of
the inhabitants therein;
xxx
(14) Prescribe fines in amounts not exceeding
Php1,000.00 for violation of barangay ordinances;
(15) Provide for the administrative needs of the
Lupong Tagapamayapa and the Pangkat ng Tagapagkasundo;
(16) Provide for the organisation of community
brigades, barangay tanod, or community service
units as may be necessary;
(17) Organise regular lectures, programmes, or
fora on community problems such as sanitation,
nutrition, literacy, and drug abuse, and convene
assemblies to encourage citizen participation in
government;
(18) Adopt measures to prevent and control the
proliferation of squatters and mendicants in the
barangay;
(19) Provide for the proper development and welfare of children in the barangay by promoting and
supporting activities for the protection and total
development of children, particularly those below
seven years of age;
(20) Adopt measures towards the prevention and
eradication of drug abuse, child abuse, and juvenile
delinquency;
In relation to their legislative functions, the Sangguniang Barangay has the following powers:179
(21) Initiate the establishment of a barangay high
school, whenever feasible, in accordance with law;
(1) Enact ordinances as may be necessary to dis
charge the responsibilities conferred upon it by law
(22) Provide for the establishment of a non-formal
education centre in the barangay whenever feasible,
in coordination with the Department of Education,
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RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Culture and Sports;
xxx
(24) Exercise such other powers and perform such
other duties and functions as may be prescribed by
law or ordinance.
At the city level, legislative power is exercised by the
Sangguniang Panglungsod (city council),180 which is
composed of the city vice-mayor as presiding officer,
the regular Sanggunian members, the president of the
city chapter of the Liga ng mga Barangay (league of
barangays), the president of the Panglungsod na Pederasyon ng mga Sangguniang Kabataan (city federation
of youth councils), and the sectoral representatives,
as members. Also represented are three sectoral representatives from the women, agricultural or industrial
workers; and from the other sectors, including the
urban poor, indigenous cultural communities or disabled persons.181
As the legislative body of the city, the Sangguniang
Panglungsod has the powers to “enact ordinances,
approve resolutions and appropriate funds for the
general welfare of the city and its inhabitants … and
in the proper exercise of the corporate powers of the
city … shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective city government,
and in this connection, shall:
(i) Review all ordinances approved by the Sangguniang Barangay and executive orders issued by
the Punong Barangay to determine whether these
are within the scope of the prescribed powers of
the Sanggunian and of the Punong Barangay;
(ii) Maintain peace and order by enacting
measures to prevent and suppress lawlessness,
disorder, riot, violence, rebellion or sedition
and impose penalties for the violation of said
ordinances;
(iii) Approve ordinances imposing a fine not
exceeding Five thousand pesos (P5, 000.00) or
an imprisonment for a period not exceeding one
(1) year, or both in the discretion of the Court,
for the violation of a city ordinance;
xxx
(v) Enact ordinances intended to prevent,
suppress and impose appropriate penalties
for habitual drunkenness in public places,
vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute,
gambling and other prohibited games of chance,
fraudulent devices and ways to obtain money or
property, drug addiction, maintenance of drug
dens, drug pushing, juvenile delinquency, the
printing, distribution or exhibition of obscene
or pornographic materials or publications, and
such other activities inimical to the welfare and
morals of the inhabitants of the city;
xxx
(4) Regulate activities relative to the use of land,
buildings and structures within the city in order to
promote the general welfare and for said purpose
shall:
(i) Declare, prevent or abate any nuisance;
xxx
(iv) Regulate the establishment, operation and
cafes, restaurants, beerhouses, hotels, motels,
inns, pension houses, lodging houses, and other
similar establishments, including tourist guides
and transports;
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
(v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or
fermented liquors at any retail outlet;
xxx
(vii) Regulate the establishment, operation,
and maintenance of any entertainment or
amusement facilities, including theatrical
performances, circuses, billiard pools, public
dancing schools, public dance halls, sauna baths,
massage parlors, and other places for entertainment or amusement; regulate such other events
or activities for amusement or entertainment,
particularly those which tend to disturb the
community or annoy the inhabitants, or require
the suspension or suppression of the same; or,
prohibit certain forms of amusement or entertainment in order to protect the social and moral
welfare of the community;
xxx
(5) Approve ordinances, which shall ensure the
efficient and effective delivery of the basic services
and facilities as provided for under Section 17 of
this Code, and in addition to said services and
facilities, shall:
xxx
(x) Subject to the availability of funds and to
existing laws, rules and regulations, establish
and provide for the operation of vocational and
technical schools and similar post-secondary
institutions and, with the approval of the Department of Education, Culture and Sports and
subject to existing law on tuition fees, fix and
collect reasonable tuition fees and other school
charges in educational institutions supported by
the city government;
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(xi) Establish a scholarship fund for the poor
but deserving students in schools located within
its jurisdiction or for students residing within
the city;
xxx
(xiv) Provide for the care of disabled persons,
paupers, the aged, the sick, persons of unsound
mind, abandoned minors, juvenile delinquents,
drug dependents, abused children and other
needy and disadvantaged persons, particularly
children and youth below eighteen (18) years
of age; and, subject to availability of funds,
establish and provide for the operation of centers
and facilities for said needy and disadvantaged
persons;
(xv) Establish and provide for the maintenance
and improvement of jails and detention centers,
institute a sound jail management, and appropriate funds for the subsistence of detainees and
convicted prisoners in the city.
Since the project covered both ordinances and resolutions, it is pertinent to present the distinction between
the two. The purpose of an ordinance is to permanently
direct and control matters applying to persons or things
in general while resolutions are merely expressive of
opinions of a legislature and which only have a temporary effect.182 A resolution may merely be an expression
of intent but in order to become effectual, it must be
expressed by legislative enactment, which is through
an ordinance.183
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Overview of Legislative Measures
For most of the respondent cities, penal legislation
outnumbers the non-penal ordinances and resolutions that affect children in their respective territorial
jurisdictions.
Certain ordinances that are penal in nature are common among most of the respondent cities. These
are local legislation on the imposition of curfew, the
restrictions on the sale and use of cigarettes, the dispensation of liquor to minors, and the prohibition of
vandalism.
Other significant ordinances and resolutions deal with
the prevalent problems of drugs and prostitution, while
the rest of the ordinances, most of which are non-penal
in nature, deal with the appropriation of funds for the
supposed promotion of youth-related concerns.
PENAL ORDINANCES
MANILA
Of the select ordinances of the City of Manila affecting
minors, 13 are penal ordinances, while 3 are non-penal in nature. The penal ordinances, most of which
are often found to be violated by children, govern
matters such as vandalism, curfew and prostitution,
among others.
Abuse of solvents and volatile substances
The City Government of Manila prohibits the sale, or
causing the sale or peddling of industrial or commercial adhesives, solvents and other volatile substances
to minors184 in line with its policy to address the issue
of “solvent abuse” and to contain the same to protect
minors against its destructive influence.185
Within the City of Manila, any person or manager/
owner of business establishments specified in the ordinance is prohibited from selling, or causing the sale
or peddling of the following industrial or commercial
adhesives, solvents and other related volatile substances
used in solvent abuse, to minors:
(a) Construction supplies/hardware stores – rubber or contact cement, instant glue, industrial
solvents used as adhesives and paint or lacquer
thinner;
(b) Drugstores – acetone, instant glue;
(c) Chemical blishments – industrial solvent used as
adhesives;
(d) Cosmetic and beauty stores – nail polish and
acetone;
(e) Department stores, especially those with cosmetic
and/or hardware sections and drugstores – same
as in a, b, and d.186
It is likewise unlawful for any minor to buy the
above-enumerated volatile substances used in solvent
abuse.187
The owners and/or managers of the establishments are
further required to post warning signs in every entry
point, window and other conspicuous places within
their business premises, which read as follows:
All minors are prohibited from buying
(indicating all items corresponding to the establishment as listed in the Ordinance) in this store
as provided for by ordinance no. 7918 of the
city of manila.188
Any person who violates this ordinance shall, upon
conviction, be punished as follows:
(a) If violators are minors – they shall be treated as
youthful offenders qualified under the Child and
Youth Welfare Code;189
(b) If violators are owners or managers of establishments enumerated in the Ordinance – they shall
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be punished by a Fine of Five thousand pesos (P5,
000.00) or imprisonment of one (1) year, or both
such fine and imprisonment, at the discretion of
the Court.190
Curfew Hours
Most recent of Manila’s approved city ordinances are
the revival of the curfew system191 and the declaration
of Barangay Curfew Hours192 from 10pm to 4am the
following day. During these hours, minors are not
allowed in public places or any other area outside the
immediate vicinity of their residence.193
The following minors are, however, exempted from
the curfew:
(a) Those accompanied by their parents, family members of legal age, or guardian;
(b) Those running lawful errands such as buying of
medicines, using of telecommunication facilities
for emergency purposes and the like;
(c) Students of night schools;
(d) Those who, by virtue of their employment, are required to stay in the street or outside their residence
after 10pm; and
(e) Those working at night.194
Minors falling under the last three categories enumerated above are required to secure a Certification from
their Punong Barangay exempting them from the
coverage of the ordinance, or present documentation
or identification proving their qualification under any
such category.195
In the event of a violation of this ordinance, the following sanctions shall be imposed:
(a) If the offender is 15 years of age and below – the
sanction shall consist of a reprimand for the ju-
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venile, and admonition to the offender’s parent,
guardian or person exercising parental authority;
(b) If the offender is above 15 years and under 18 years
of age –
(1) First offense – Reprimand and Admonition;
(2) Second offense – Reprimand and Admonition, and
a warning about the legal impositions in case of a
third and subsequent violation; and
(3) Third and subsequent offenses – Imprisonment
of one (1) day to ten (10) days, or a Fine of Two
thousand pesos (P2,000.00), or both at the discretion of the Court.196
A Barangay Curfew Advisory Board (the “Board”)
created under this ordinance assumes the following
powers and responsibilities:
(a) To impose the sanctions provided under the ordinance, except the penalty of imprisonment and
fine for the commission of a third and subsequent
offenses;
(b) To commit an offender to the custody only of the
parent, guardian or person exercising parental
authority;
(c) To decide on the advisability of immediately referring an offender who is found homeless, abandoned
or neglected or has no known parent, relative, or
guardian residing in the City, to the custody/care
of the Manila Youth Reception Center of the City
Department of Social Welfare; or to impose the
applicable sanction provided under the Ordinance,
if the Board finds that the best interest of the public,
as well as that of the offender will be best served
by doing so.
(d) To furnish the Sangguniang Kabataan Chairpersons a copy of the Apprehension Report for
monitoring purposes.197
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
The ordinance provides the guidelines that shall be
followed after the child is apprehended:
(a) The apprehended juvenile found in violation of the
Ordinance shall be held for not more than three (3)
hours at the Barangay Hall or Holding Center.
(b) Without unnecessary delay, the apprehending
official shall notify the Board that shall, in turn,
immediately inform either the parent, or relative,
or guardian, of the fact of apprehension.
(c) Apprehended violators residing in other barangays
shall be referred immediately to the Punong Barangay of the juvenile offender’s place of residence,
upon whom falls the responsibility for the proper
action as if he made the apprehension.
(d) An offender who resides in a barangay outside the
territorial jurisdiction of the City of Manila shall
be held for not more than six (6) hours and, shall be
referred immediately to the Board of the barangay
where the apprehension was made.
(e) An offender who is homeless, abandoned or neglected or has no known parent, relative, or guardian
in the City shall be referred, without unnecessary
delay, within twelve (12) hours or at the earliest
office hours from the time of apprehension, whichever comes first, to the custody/care of the Manila
Youth Reception Center of the City Department of
Social Welfare.198
In 2002, Barangay Zone 74 in Manila also enacted
Resolution No. 1 S-2002,199 which provides for the
implementation of curfew hours from 10pm to 5am
for minors 17 years old and below. It provides the following guidelines for violators:
(a) First offence – their name will be recorded in the
Barangay record or at the police precinct in the
vicinity;
(b) Second offence – they will be required to render
community services in their respective Barangay;
(c) Third offence - they will be brought to the Juvenile
Court in Arroceros Street, Manila for the final
judgment of the Court.
Resolution No. 1 S-2002200 was also issued directing
all concerned barangay officials in Zone 55, District
IV, and Manila to take all necessary steps to combat
criminality, including the imposition of curfew in their
respective areas. Said resolution covers 14 barangays
in Manila.
Indecent exposure and disorderly behaviour
Indecent exposure is addressed by Ordinance No.
7732201 as it declares unlawful for any person to:
(a) Appear, or cause to appear, outside the immediate
vicinity of any night/day entertainment spot in the
City of Manila in any indecent or lewd dress;
(b) Make any indecent exposure of one’s person; or
(c) Conduct oneself in disorderly behaviour.202
“Indecent exposure” is dressing in lewd attire that is not
in consonance with the customs and traditions of the
people, and which would invite/induce the public to
sexual pleasure, or entice them to offensive and scandalous behaviour. It also includes urinating outside or in
the immediate vicinity of the establishment.203
“Disorderly Behavior,” on the other hand, refers to a
drunken, boisterous, rude or indecent manner.204
Any person found violating this Ordinance, shall,
upon conviction, be punished by a fine not more than
Php200 (around US$ 3.60) or by imprisonment of not
more than six months, or both such fine and imprisonment at the discretion of the Court.205
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Kite Flying
(c) Tends to corrupt or deprave the human mind,
Barangay 67 in Manila issued Resolution No. 01810-97 requesting the Commission of City of Manila,
through the Metro Manila Barangay Operation Center
and the Manila Council, to ban kite flying in the jurisdiction of Barangay 67, Zone 6. The Sangguniang
Barangay of Barangay 67 Zone 6 passed a resolution
for areas covered by Barangay 67, Zone 6 that prohibits
kite-flying. A person who violates this resolution is
punished through the following means:
(d) Is calculated to excite impure imagination or arouse
prurient interest,
(a) First offence – offender shall be brought to the
Barangay Hall;
(b) Second offence – parents/guardian of the offender
shall be informed;
(c) Third offence – offender shall pay a fine of
Php200.
Pornography
The problems of obscenity and pornography are addressed by the ordinance penalising:
(a) The printing, publishing, distribution, circulation,
sale and exhibition of obscene and pornographic
acts and materials; and
(b) The production, public showing and viewing of
video and VHS tapes, laser discs, theatrical or stage
and other live performances and private showing
for public consumption, whether for free or for a
fee, of pornographic pictures.206
An act or material is considered “obscene,” regardless of
the motive of the printer, publisher, seller, distributor,
performer or author, if it:
(a) Is indecent, erotic, lewd or offensive,
(b) Is contrary to morals, good customs or religious
beliefs, principles or doctrines,
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(e) Is unfit to be seen or hear, or
(f ) Violates the proprieties of language or behavior.207
“Pornography” is understood under this ordinance
as objects or subjects of photography, movies, music records, video and VHS (video home system, or
video casette) tapes, laser discs, billboards, television,
magazines, newspapers, tabloids, comics and live shows
calculated to excite or stimulate sexual drive or impure
imagination, regardless of motive. This includes, but
is not limited to, the following:
(a) Performing live sexual acts in whatever form;
(b) Those other than live performances showing, depicting or describing sexual cacts;
(c) Those showing, depicting or describing children in
sex acts;
(d) Those showing, depicting or describing completely
nude human body, or showing, depicting or describing the human sexual organs or the female
breasts.208
Any person violating this ordinance shall be punished
as follows:
(a) For the printing, publishing, distribution or circulation of obscene or pornographic materials; the
production or showing of obscene movies, television shows, stage and other live performances; for
producing or renting obscene video and VHS tapes,
laser discs, for viewing obscene movies, television
shows, video and VHS tapes, and laser discs or stage
and other live performances – imprisonment of one
(1) year or fine of five thousand pesos (P5,000.00),
or both, at the discretion of the Court
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
(b) For selling obscene or pornographic materials
– imprisonment of not less than six (6) months nor
more than one (1) year or a fine of not less than
one thousand pesos (P1,000.00), nor more than
three thousand pesos (P3,000.00)
If the offender is a minor and is unable to pay the fine,
the juvenile’s parents or guardian shall be liable to pay
such fine.209
Prostitution
The City of Manila, believing prostitution to be a social menace,210 declares the following unlawful under
Ordinance No. 7791 for any person:
(a) To have sexual relations with a prostitute for some
consideration including payment but not limited
to sums of money;
(b) To solicit, procure, pimp or pander;
(c) To act as a middle person or go-between for a third
person and a prostitute in any place in the City of
Manila for purposes of prostitution.211
Under this ordinance, “prostitution” refers to the act of
habitually engaging in sexual relations with persons for
certain considerations including payment not limited
to sums of money.212 A “prostitute” is a person who
habitually engages in sexual relations with another
person for profit, gain or fee.213
The fine of Php5,000 or imprisonment of one (1)
year, or both such fine and imprisonment at the
Court’s discretion shall be imposed on violators of
this ordinance. The violator, if a foreigner shall also
be subject to deportation upon the determination of
proper authorities.214
However, if the violator is a minor who is between 10
and 17 years old, the juvenile offender shall:
(a) Pay a Fine of not more than Two thousand five
hundred pesos (Php2,500) or;
(b) Suffer imprisonment not more than six (6) months,
or;
(c) Both such fine and imprisonment, at the discretion
of the Court.215
Tobacco sale and use
In its effort to promote and protect the physical wellbeing and health, safety and general welfare of its youth
residents, the City Government of Manila passed the
“Smoke Ban to Minors” Ordinance.216 Under this ordinance, all minors below 18 years old are prohibited
from smoking cigarettes, cigars and other tobacco
products, whether or not they are in the company of
their parents, guardians, elders or relatives who are not
otherwise covered by this prohibition.217
The following sanctions shall be imposed on violators
of this Smoke Ban Ordinance:
(a) First conviction – Four (4) hours of Community Services to the City Government under the
supervision of the Youth Development and Welfare
Bureau.
(b) Second conviction – The penalty imposed for first
conviction shall be extended to eight (8) hours of
Community Service.
(c) Third and subsequent conviction – A Fine of not
less than Five hundred pesos (Php500.00), or sixteen (16) hours Community Service, or both.218
Two other ordinances, apparently intended to penalise
adults instead of juvenile offenders, are also presently
enforced to protect the youth from the hazards of
smoking.
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
City Ordinance No. 7842219 prohibits the sale, transfer
or conveyance of possession or ownership of cigarettes
and cigarette paraphernalia to minors. Any violation of
this ordinance shall merit the following sanctions:
(a) First Offense – Fine of Two hundred pesos
(P200.00);
(b) Second Offense – Fine of Five hundred pesos
(P500.00);
(c) Third Offense – One thousand pesos (P1,000.00)
or imprisonment for six (6) months, or both
fine and imprisonment, at the discretion of the
Court.220
Also, Ordinance No. 7952221 declares it unlawful for
any person, owner, operator, administrator, manager
or person-in-charge of operation of restaurants, eateries
and other establishments to allow children below 18
years of age to loiter, stay or be seated at designated
smoking areas within subject establishments.222 The
same persons are also directed to display, in conspicuous places within the establishments, signboards
bearing the above prohibition.223 Violators shall be
punished, upon conviction, by a fine of Php5,000 or
imprisonment of 60 days and a repeated violation shall
constitute sufficient ground for the outright cancellation/revocation of business permit.224
Vandalism
The Anti-Vandalism Law225 of the City of Manila
declares unlawful for any person to deface or cause
to deface the walls, sidings, partitions, fences, gates,
doors or window panes of buildings, edifices, houses
or structures, whether public or private, or any other
public property (eg. lamp posts, street signs, streets,
sidewalks). The act of defacing may be done through
painting, writing, scribbling, scrawling, drawing,
smearing, colouring, stamping or inscribing.226
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Exceptions under this ordinance are the following:
(a) When done with the consent and authority of the
owner, with respect to privately-owned property,
or
(b) When duly authorized by the Mayor, with respect
to public property.227
A person found violating the Anti-Vandalism Law of
Manila shall, upon conviction, be punished by:
(a) A fine of not less than One thousand pesos
(P1,000.00) but not more than Five thousand
pesos (P5, 000.00), or
(b) Imprisonment of not less than six (6) months nor
more than one (1) year, or
(c) Both fine and imprisonment at the discretion of
the Court.228
Other penal laws intended to protect the youth
A few other ordinances are apparently intended not to
penalise minors but to consider certain acts of persons,
particularly adults, to be criminal in order to protect
minors.
In August 1997, the City of Manila passed a controversial ordinance229 allowing the public identification
of known or confirmed drug lords, drug pushers, drug
peddlers or brokers and protectors, gambling lords
and protectors and other known criminal elements.
This ordinance, premised principally on the doctrine
of parens patriae (parents of the country) and the local
government’s power arising from the General Welfare
Clause230 of the Local Government Code is intended
to penalise not children but criminal elements that are
identified to be threats to the health, development and
well-being of the youth.231
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
During the same month and year, Ordinance No.
7929232 was passed prohibiting theatre owners or
operators in the City of Manila from showing movie
trailers of films with R (Restricted) and PG (Parental
Guidance) classifications during intermissions/breaks
on the duration of playdates of a GP (General Patronage) movie.233 Violators shall be fined Php5,000 or
imprisoned for not more than 30 days, or both, at the
discretion of the Court. In case of juridical persons, the
penalty shall be imposed on the President or General
Manager of such establishment.234
QUEZON CITY
The Quezon City Child and Youth Welfare Ordinance235 contains several penal provisions that are
intended for minors or for persons who commit acts
that prejudice or tend to prejudice minors. These provisions address the problems of cigarettes, liquor, video
games, begging and drug trafficking, among others.
Cigarettes and Liquor
Within the Quezon City area, the sale of any brand
of cigarettes or of any kind of liquor or intoxicating
drinks to minors is strictly prohibited.236 The ordinance
does not provide penalties for minors who are found
to purchase cigarettes and liquor. Instead, penalties are
imposed on the manufacturer, wholesaler or retailer
found to be selling cigarettes or liquor to minors.237
The person who is found violating this prohibition shall
be penalised with a minimum imprisonment term of
30 days to a maximum term of imprisonment of 60
days, or a fine of Php5,000, or both, at the Court’s
discretion.238
Guns
Barangay Masambong issued Ordinance No. 6, series
of 1999239 banning the use of pellet guns, toy guns and
watusi240 pyrotechnics. Specifically prohibited are the
use and sale of said items. The ordinance provides the
following penalties:
(a) First offence – confiscation of Pellet Gun/Toy Gun
and/or watusi pyrotechnics.
(b) Second offence – call the attention of the parent/guardian concerned and issue corresponding
admonition regarding further commission of the
offence.
(c) Third offence – imposition of whatever legal action, which maybe commensurate to the offence
involved particularly when there is an aggrieved
party. This will include the person selling the
items.
Street children
The Quezon City Child and Youth Welfare Ordinance
specifically declares penal certain acts and activities for
street children. These are:
(a) Loitering within the Quezon City streets if the
child is below 12 years old;
(b) Selling sampaguita leis,241 cigarettes, newspapers,
and other products or commercial items in the
Quezon City streets;
(c) Begging, sniffing rugby242 and other solvent
products, pickpocketing, and doing other illegal
activities.243
Street children falling under the last two categories,
upon apprehension, shall be brought immediately to
the Reception and Action Center of the Social Services
and Development Department (SSDD) including
mendicants and the socially disadvantaged group pending the establishment of the Quezon City Center for
Child and Youth Development.244 The apprehending
officer has the obligation to notify the child’s parents
or guardian of the child’s whereabouts.245
For the commission of the above acts or activities,
the following penalties are imposed by the said ordinance:
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(a) Same penalties provided under the Revised Penal
Code and the Dangerous Drugs Act.
(b) The penalty of imprisonment is also provided for any
person found guilty of coercing, forcing or intimidating a street child or any other child to:
(1) Beg or use begging as a means of living;
(2) Act as middleman in drug-trafficking or drug
pushing; or
(3) Conduct any illegal activities.246 Parents or guardians who are found to be grossly negligent in the
performance of the duty imposed on them by the
ordinance shall be punished as follows:
(a) Play video machines found in amusement centers,
malls and other similar establishments in QC during school hours from 8am to 5pm, Mondays to
Fridays.249
(b) Play video game machines and other similar equipment at the above mentioned establishments during
weekends if outside the time period of 8am to 8pm,
and weekdays if beyond the time period of 5pm to
8pm.250
(a) First offense – Admonition by the SSDD.
(c) Play video games that are not rated as non-violent
games under the category of sports, adventure, racing,
flight simulator and the like during the hours/days
allowed in the ordinance, if the minor is below
fourteen (14) years old.251
(b) Second offense – Counseling by the SSDD
and with a notice of the imposition of criminal liability for subsequent apprehension.
(d) Play violent and ultra-violent video games during
the hours/days allowed in the ordinance, if the minor
is fifteen (15) to eighteen (18) years of age.252
(c) Third and final offense – The filing by any
responsible person of appropriate criminal
charges against the parent or guardian of the
minor who shall be punished with a fine of
Five hundred pesos (P500.00), or imprisonment of not more than ten (10) days, or both,
at the Court’s discretion.247
As in the case of the prohibition on the sale of cigarettes
and liquor, there are no penalties for minors in the
event that they do not abide by the above guidelines.
Instead, penalties are imposed on the operator, owners,
seller or distributor of the video games:
Consistent with national laws, the ordinance explicitly
states that a child nine years of age or under at the time
of the violation shall be exempt from liability. It adds
further that it shall be the parent or guardian concerned
who shall be held liable for the offence committed by
said child.248
(b) Second offense – Fine of three thousand pesos
(Php3,000) with an imprisonment of not more than
six (6) months, at the discretion of the Court.
Video Games
Quezon City’s Child and Youth Welfare Ordinance
enumerates at length the guidelines governing the
prohibition on minors to play video game machines at
particular times of the day and the week. Under Article
V of the said ordinance, minors are prohibited to:
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(a) First offense – Fine of two thousand pesos
(Php2,000) or an imprisonment of not more than
four (4) months at the discretion of the Court.
(c) Third offense – Fine of five thousand pesos
(Php5,000) with an imprisonment of not more
than twelve (12) months, at the Court’s discretion,
including the confiscation or destruction of video
machines and other related paraphernalia, and
the automatic cancellation/ revocation of business
permits or licenses.253
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Curfew
Barangay Pinyahan in Quezon City enacted Ordinance
No. 4, S-2002 imposing curfew hours on minors from
10pm until 4am the following day. The ordinance
provides the following conditions:
Except for adults, it shall be unlawful for any person to
make display in public and cause disturbance on the
peace of the other person through the following acts:
(a) Drinking and dancing in public display without any
reason to celebrate such as birthday party, wedding
celebration and the like.
(b) Prolonged stay outside his or her residential abode.
(c) Leisurely walk on the streets of the barangay without
valid reason or purpose.
Exempted from this curfew hours are students attending night classes with proper ID but not beyond
12mn, minors in the company of parents or guardians
and where minors upon verification came from parties, graduation ceremonies, extra curricular activities
in school where their attendance is indispensable and
minors who cannot go home due to circumstances
beyond their control and those working during night
time.
Ordinance No. 4, S-2002 imposes the following
penalties:
(a) First offense – the apprehending authority shall
take custody of the offending minor at the barangay
hall, blotter the incident for record purposes by the
Barangay Tanod/Barangay Security and Development Office (BSDO) which shall in turn inform
the parents or guardian of the minor, that said
minor was apprehended for violation of Barangay
Ordinance on curfew, said minor shall be turned
over to his/her parents with stern warning not to
repeat same violation.
(b) Second offense – the minor shall be brought to the
barangay hall for questioning and blotter and shall
be penalized by rendering one (1) day public service
without any compensation by the Barangay.
(c) Third offense – he/she shall be temporarily detained
at the Barangay not more than six (6) hours and the
offending minor shall be turned over to the nearest
police precinct for proper disciplinary action in accordance with existing laws, rules and regulation or
ordinances of the city, like vagrancy, etc.
On the other hand, Barangay Masambong issued
Resolution No. 07-99 strongly urging parents of minors to control and/or regulate the movements of their
children after 12mn and before 4am.254
CALOOCAN CITY
Compared to other respondent cities, Caloocan City
has principally only two ordinances concerning minors,
both of which refer to the Night Time Ban Policy for
minors aged 17 years old and below.
Under Ordinance No. 0247255 as amended by Ordinance No. 0259256 (Series of 1998), “Caloocan
youngsters” aged 17 and below are banned from the
streets during night time, from 10pm to 4am the
following day.257 This night time ban, however, has
exemptions:
(a) Occupational exemptions – includes students who
are enrolled in night classes and night-shift young
workers.
(b) Incidental exemptions – includes minors:
(1) Accompanied by their elders;
(2) Procuring medicine;
(3) Performing tasks under the direct supervision of
their elders, brothers/sisters aged eighteen (18)
and above, and persons having parental authority over the minor/s; and
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(4) Involved in accidents, disasters and the like.
(c) Occasional exemptions – that is, during Christmas
Eve and Christmas Day, New Year’s Eve and Day,
Town Fiesta, All Saints Day, Holy Thursday, Good
Friday, Black Saturday, and Easter Sunday.258
In the event a juvenile commits an infraction of these
curfew ordinances, the following penalties shall be
imposed:
(a) First Offense – Reprimand and Guardian/ Parental
Summon;
(b) Second Offense – Guardian / Parental Fine of
Three hundred pesos (P300.00) for negligence;
(c) Third Offense – Guardian / Parental Fine of Five
hundred pesos (P500.00) for negligence;
(d) Fourth and succeeding offenses – Conscription of
the juvenile offender to Social Welfare entities.259
It is worthy to note that the night-time ban amendatory
ordinance specifies the policy implementing procedures
intended to “institutionalise and embody the imperative human rights safeguards and legal safety nets”260 in
the apprehension of children. These so-called safeguard
and safety net procedures are the following:
(a) Due process of law should always be observed by
all policy implementers at all times.
(b) Human rights and human dignity of violators
and/or offenders shall be safeguarded by policy
enforcers...shall safeguard human rights and human dignity of violators and/or offenders.
(c) Apprehending officials must have proper identification when executing an arrest.
(d) Arbitrary detention or solitary confinements shall
never be practiced nor imposed on the violator.
(e) Apprehensions can only be conducted in all
public places within the City.
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(f ) Immediately upon arrest, the offender shall be
turned over by the apprehending official to the
Barangay Chair of the barangay where the violator
resides for proper case disposition.
(g) No penalties shall be posted or paid to any arresting official except to the Barangay Treasurer
of the barangay where the violator dwells.
(h) In cases where the offender is a non-resident of
the City, the violator shall be turned over to the
concerned Barangay Captain who exercises political and territorial jurisdiction where the violation
and apprehension transpired.
(i) Arrests should be done in a cordial, humane and
civil manner.
(j) Policy implementors are strictly prohibited from
inflicting physical and psychological harm to the
offender, before, during and after the violation or
commission of the offense.
(k) The doctrine of hot pursuit and the extradition
principle also applies in this Ordinance.261
The SK Council of Barangay 46 in Caloocan issued
Resolution No. 01 S-1997 providing curfew hours for
those who are 18 years and below. This ordinance provides for curfew hours with the following conditions:
(a) Minors, 18 years old and below, are strictly prohibited to loiter or wander in streets or outside their
residential abode and public places from 11:00 p.m.
to 5:00 a.m. the following morning.
(b) Exempted from this curfew are students attending
night classes, those working nighttime and minors
in the company of parents or guardians.262
The said ordinance provides the following penalties:
(a) First offense – the parent/guardian shall be informed of the violation.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
(b) Second offense – the minor shall be brought to
the barangay hall together with his/her parent or
guardian and shall render one (1) day of community
service.
(c) Third offense – the minor shall be brought to the
barangay hall together with their parents/ guardian,
will render one (1) day community service and will
pay a fine of Two hundred pesos (P200.00).
coliseum for purposes of betting or participating in
betting as Kristo (bet collector) and entering the ring
or rueda before or during the actual cockfight.267
Violators shall suffer the penalty of a fine of Php 500, or
an imprisonment of 30 days, or both at the discretion
of the Court.268 It should be noted that the penalty is
imposed on operators, managers, or owners who violate
this ordinance and not on minors.
Curfew
PASAY CITY
The past decade is a witness to the passage of various
ordinances penalising acts that may be committed
by children or those that, if committed by adults, are
likely to negatively affect or influence minors. Issues
ranging from gambling to smoking to sexual abuse are
addressed by the numerous penal legislative measures
enacted by the City Government of Pasay.
Child prostitution and sexual abuse
263
The Child Welfare Code of Pasay City provides
sanctions for establishments or enterprises that promote, facilitate or conduct activities, constituting child
prostitution and other sexual abuse, child trafficking
and other acts of child abuse.264 These establishments
shall be immediately closed and be fined an amount
of Php5,000 (around US$90) with the permanent
cancellation of their authority or license to operate,
without prejudice to the persons responsible from
being persecuted under RA 7610 or the “Special
Protection against Child Abuse, Exploitation and
Discrimination Act.”265
Cockfighting
In an effort to discourage minors from engaging in
gambling and betting, the entrance of minors in the
City Cockpit Coliseum is prohibited under Ordinance
No. 290.266 Under this ordinance, operators, managers and owners of the Pasay City Cockpit Coliseum
are prohibited from allowing minors to enter the said
All minors are mandated under City Ordinance No.
688269 to observe curfew hours that start at 10pm and
end at 4am the following day, except during the Christmas season270 or from 16 December to 23 January of
the following year.271
The following are, however, exempted from this curfew:
(a) Children having legitimate employment at
nighttime to be certified by the employer and
the barangay captain or at least two (2) barangay
council representatives;
(b) Students with an ID Card from school where
he/she is presently enrolled or a certification from
the barangay captain;
(c) Children who do not have known parents but
have a DSWD certification;
(d) Children in transit who are accompanied by
parents; and
(e) Children who are sent on errands in emergency
cases.272
Children who violate the mandated curfew hours shall
be given the following sanctions:
(a) First offense – to be blottered or recorded in the
barangay that has territorial jurisdiction;
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(b) Second offense – Undergo community service totalling at least eight (8) hours;
(c) Third offense - Undergo community service totaling
at least forty-eight (48) hours;
(d) Fourth offense - Undergo or render community
service totaling at least one hundred twenty (120)
hours and in the event of deliberate refusal, the
violator and his/her parents shall jointly suffer to
pay a fine of five hundred pesos (Php500.00).273
However, in the case of children below ten years old,
parents or guardians shall be made responsible for the
acts of their children or wards. On the other hand, minors with no parents or guardians are classified as “street
children” and shall be referred to the DSWD.274
Children caught violating the curfew hours shall immediately be turned over to the custody of the City
Social Welfare and Development Office. They shall be
released only after having attended with their respective
parents or guardians a one-day seminar on duties and
responsibilities of children and parents conducted by
the same office.275
Fraternities
The increase in the number of fraternities and organisations engaging in violence and rumbles, as well as the
increasing reports of fights and incidents of hazing
associated with such organisations, is the premise for
Ordinance No. 156.276 The said ordinance principally
provides that, “no persons shall engage in the recruitment of minors to any fraternity or other similar
organisations, in and out of the school premises.”277
“Fraternities and Other Organisations” refer to organisations, gangs, groups, fraternities or sororities
inflicting physical, mental or psychological pain as
part of initiation rites or engaging in violent acts.278
“Recruitment” under said ordinance refers to any act
of inviting, enticing or encouraging a minor to join,
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cooperate and form such fraternities and similar organisations.279
Those who are guilty of violating this ordinance shall be
punished with an imprisonment of one (1) year.280
Liquor and intoxicating beverages
The City Government prohibits any person from drinking any intoxicating liquor or beverage in any public
place, building and cemetery. Under ordinance No.
265,281 “Any person who violates any of the provision
of this Ordinance shall be punished by imprisonment
of six months and one day, or fine of Php 2, 000
(US$36), or both at the Court’s discretion. “282
Ordinance No. 1576283 declares it unlawful for any
business, amusement, or entertainment establishments,
restaurants or carinderias (small eateries and food stalls)
to sell, dispense or serve intoxicating liquors and beverages to minors.284 Under this ordinance, there are no
penalties for minors. Instead, the person who shall
violate this ordinance shall suffer 30 days imprisonment
or a fine of Php 5,000, or both, at the discretion of the
Court. In addition, the Mayor’s License or Permit of
the establishment shall be revoked.285
Obscenity
In declaring that obscene or lewd shows are “repugnant
and oppressive to the moral values” of the citizens, the
City Government bans the exhibition of obscene or
lewd shows in all beer joints, night clubs, bars, singalong bars, theatres, entertainment places and other
places of amusement in Pasay City.286
Under this ordinance, the performer, owner or person
in case of a single proprietor, business enterprise or
the officers of a corporation or partnership that runs
or operates any of the stated establishments who are
found to have violated the ordinance shall suffer the
following penalties:
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
(a) First offense - Two thousand five hundred pesos
(P2,500.00) or an imprisonment of two months.
(b) Second offense - Three thousand five hundred
pesos (P3,500.00) or an imprisonment of three (3)
months.
(c) Third offense - Five thousand pesos (P5,000.00)
or an imprisonment of six (6) months or both on
the discretion of the Court.
(d) Succeeding offences - revocation of all necessary licenses and permits issued by the City Government.
However, under the more recently enacted Child
Welfare Code of Pasay City, establishments or enterprises caught promoting or facilitating obscene
publications and indecent shows shall immediately
be closed and fined an amount of Php5,000 with
their license to operate permanently cancelled. This
penalty is without prejudice to the prosecution of the
establishment’s owner, manager and other personnel
under RA 7610.287
Roller skates
Compared to the four other identified cities in this
research, only Pasay City has an ordinance prohibiting
the use of national and city roads by person on roller
skates and skateboards.288 For violations of the said
ordinance, the following penalties are proscribed:
(a) First offense - A fine of Two hundred pesos
(P200.00);
(b) Second offense - A fine of Three hundred pesos
(P300.00);
(c) Third offense - A fine of Five hundred pesos
(P500.00).289
Smoking
Recognising that a high percentage of smokers in the
country are minors, all children are prohibited from
smoking cigarettes or cigars, as well as from buying or
acquiring such tobacco products from any establishment within the territorial limits of Pasay City.290
A child who violates this ordinance by smoking, buying
or acquiring cigarettes or cigars shall be subjected to
a fine of Php200.291 Should owners of business establishment violate this ordinance by allowing a minor
to buy or acquire cigarettes or cigars, a fine of Php500
shall be imposed.292
Toy guns
The “Anti-Toy Gun Ordinance of Pasay City”293 prohibits the manufacture, sale or possession of metal or
plastic toy guns capable of being fired with the use of
plastic pellet bullets.294 This prohibition was legislated
after acknowledging that children indiscriminately
use these toys in shooting each other, which results
to physical injuries, and in shooting light bulbs of
electric posts. In addition, the ordinance is a result of
incidents where “unscrupulous teenagers or adults”
have used such toys, which appear to be real guns, in
committing crimes.295
The following penalties shall be imposed on any person
who manufactures, sells or possesses said toy guns:
(a) Confiscation of the toy gun and plastic pellet bullets;
and
(b) If the violator is eighteen (18) years old or above,
he/she shall suffer imprisonment of five (5) days or
a fine of One thousand pesos (P1,000.00), or both
at the Court’s discretion.296
The ordinance directs enforcing authorities to turn over
offenders who are children to these minors’ parents or
guardians. The authorities shall also confiscate the toy
guns and pellet bullets after recording these items in
the logbook, which shall be signed by the parents or
guardians of the children with a promise not to repeat
the same offence.297
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Vandalism
PARAÑAQUE CITY
In 1999, the Pasay City government enacted the
“Anti-Vandalism Ordinance of Pasay City”298 on the
premise that acts of vandalism are signs of disorder
in a community and an open and direct challenge to
authorities.
There are an equal number of penal and non-penal
legislative measures in the City of Parañaque. The penal
measures deal mostly with similar issues and concerns
addressed by ordinances in other cities, except that
Parañaque is the only city among the five that has a
jaywalking ordinance. The non-penal measures, on the
other hand, principally relate to appropriation of funds
for different activities and projects that are supposedly
intended to benefit the youth.
“Vandalism” or “acts of vandalism,” under the ordinance means:
(a) Any form of writing, scribbling, scrawling or drawing with the use of paint, pentel, fountain and ball
pens and inks or any coloring materials of any word,
sign or logo on any private or public wall fence, gate,
building or legitimate signs, bill boards and public
announcements without the written consent of the
owner;
(b) Any form of painting, spraying or splashing of paints,
inks or coloring materials on any statue, bust, private
or public wall, fence, gate, building or legitimate sign
or billboards and public announcements, without
the written consent of the owner;
(c) Any form of scratching or etching with the use of
pointed or sharp object on any private or public
wall, fence, gate, glass windows or glass show case,
legitimate signs, billboards and public announcements without the written consent of the owner;
(d) Any form of pasting or posting of any campaign
or advertising materials on any private or public
wall, fence, gate, building or legitimate signs,
billboards or public announcements or removing or defacing any legitimate signs, billboards or
public announcements without the written consent
of the owner.
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Alcoholic beverages
The consumption or drinking of beer, wine, liquor or
similar intoxicating beverages in public places is prohibited under Ordinance No. 95-27.299 Public places
include, but are not limited to roads, pathways, streets,
alleys, sidewalks, sports complex or grounds, parks or
playground whether public or private, churchyards or
school yards.300
The following penal sanctions shall be imposed on any
person found violating the above ordinance:
(a) First offense – Fine of not less than Five hundred
pesos (Php500.00) or imprisonment of not less than
five (5) days.
(b) Second offense – Fine of not less than One thousand
pesos (Php1,000.00) or imprisonment of not less
than ten (10) days.
(c) Third and any succeeding offenses – Fine of
not less than Two thousand five hundred pesos
(Php2,500.00) and/or imprisonment of thirty (30)
days, upon the discretion of the Court.301
Another ordinance302 seeks to penalise those who operate a motor vehicle under the influence of alcohol
within the territorial jurisdiction of the City of Parañaque with a Blood Alcohol Concentration of 0.06%
or more by weight of alcohol in the driver’s blood.303
Violations shall merit the following penalties:
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
(a) First offense – Fine of Five thousand pesos
(Php5,000.00) or thirty (30) days imprisonment.
(b) Second offense – Fine of Five thousand pesos
(Php5,000.00) and thirty (30) days imprisonment.
(c) Third offense – Fine of Five thousand pesos
(Php5,000.00), thirty (30) days imprisonment, and
a recommendation by the city to the Land Transportation Office for revocation of driver’s license.304
The sale of liquors and other intoxicating beverages to
minors is likewise prohibited in the City of Parañaque.
Under Ordinance No. 95-18,305 all owners, sellers, or
agents of business or commercial establishments are
prohibited from selling liquors and other intoxicating
beverages to minors who are under 18 years old.306
Penalties for violators are as follows:
(a) First offense – Fine of not less than Five hundred
pesos (Php500.00) or imprisonment of not less than
five (5) days.
(b) Second offense – Fine of not less than One thousand
pesos (Php1,000.00) or imprisonment of not less
than ten (10) days.
(c) Third and any succeeding offenses – Fine of
not less than Two thousand five hundred pesos
(Php2,500.00) and/or imprisonment of thirty (30)
days, upon the discretion of the Court and if the
violator be a business establishment, the clearance,
permit or license to operate granted by the Municipality or Barangay shall be revoked.307
Curfew
In the City of Parañaque, a curfew between 10 pm
to 4 am of the following day is imposed on minors
below the age of 15.308 Within this period, minors are
prohibited to congregate, loiter, wander or be in the
streets, plazas, other similar public areas and uninhabited places within the territorial limits of the city.309 The
following are, however, exempted from the curfew:
(a) Those accompanied by their parents or guardians;
(b) Students who come from their schools and are on
their way to their respective residences, and for this
purpose, students are required to bring with them
their school identification cards and/or other means
of identification;
(c) Those engaged in livelihood provided they have a
certification from the Department of Social Welfare
and Development, City of Parañaque Branch, upon
recommendation of the Barangay Captain wherein
he/she resides. No fee or charge of whatever nature
shall be paid for such identification card and permit.
310
The following penalties shall be imposed upon those
found guilty of violating the prescribed curfew:
(a) First offense – The juvenile is reprimanded and the
parent/guardian is informed of the violation;
(b) Second offense – Fine of One hundred pesos
(Php100.00) or community work for two (2)
hours;
(c) Third offense – Fine of Two hundred pesos
(Php200.00) or community work for four (4)
hours;
(d) Fourth offense – Fine of Three hundred pesos
(Php300.00) or community work for six (6)
hours;
(e) Fifth and subsequent offenses – Fine of Five
hundred pesos (Php500.00) or community work
for eight (8) hours.
The above imposed community work shall be done
in one of the barangay offices or in any other place
within the barangay, which may be designated by the
Barangay Captain. The offender, with the consent of
his/her parent or guardian is given the option to pay
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the fine or do community work, which option must
be stated in writing and signed by both the minor and
his/her parent or guardian.311
overpass along Quirino, Ninoy Aquino and Dr. Arcadio Santos Avenues is prohibited.314 Penalties for
violation consist of fines and/or imprisonment:
The following guidelines are provided in the ordinance
for the proper enforcement of the curfew hours:
(a) First offense – Fine of One hundred pesos
(Php100.00) and/or one (1) day imprisonment
upon the discretion of the Court.
(a) The apprehending person or authority shall bring
the violator to the Barangay Hall or Police station/
sub-station, which ever is nearest, and shall at the
earliest possible time inform the Barangay Captain
(or his deputy or person in charge of the said office)
of the apprehension and other pertinent details.
(b) The apprehended person shall be allowed to leave
the Barangay office or Police Station after 4:00 am,
to be accompanied by a Barangay official or Police
officer to his/her place of residence.
(c) The Barangay Chairperson shall take the necessary
steps to verify if a violation actually occurred, and
shall impose the penalties within a reasonable time
but not to exceed a period of one (1) week after the
violation was committed.
(d) In the event of a denial from the alleged violator,
the Barangay Captain shall convene the Barangay
Court to hear the case and determine guilt and innocence.
(e) No detention or deprivation of personal liberty
shall be made or imposed during or after the apprehension for the violation of this Ordinance, it
being understood that the penalties provided in the
Ordinance shall not be considered as detention or
deprivation of personal liberty, or constitute as a
criminal record.312
Jaywalking
Jaywalking, often committed by children, is prohibited
in certain thoroughfares in Parañaque. Under Ordinance No. 96-15,313 jaywalking or crossing of streets
not using the designated pedestrians lane or pedestrian
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(b) Second offense – Fine of Two hundred pesos
(Php200.00) and/or two (2) days imprisonment
upon the discretion of the Court.
(c) Third and subsequent offenses – Fine of Five
hundred pesos (Php500.00) and/or five (5) days
imprisonment upon the discretion of the Court.
Smoking
Smoking in any public transportation is prohibited under Ordinance No. 99-23 (577), or the “Smoking Ban
in Public Utility Vehicles.”315 This ordinance provides
that all drivers, operators and passengers are prohibited from smoking cigarettes, cigars and other tobacco
products in any form, inside public utility jeepneys,
buses, taxicabs or other public utility conveyance in or
through the City of Parañaque.316 A violation of this
ordinance shall merit the following fines:
(a) First offense – Fine of Two hundred pesos
(Php200.00).
(b) Second offense – Fine of Four hundred pesos
(Php400.00).
(c) Third offense – Fine of Six hundred pesos
(Php600.00).
(d) Fourth offense – Fine on Eight hundred pesos
(Php800.00).
(e) Fifth offense – Fine of One thousand pesos
(Php1,000.00) or community service of sixteen
(16) hours to the City Government of Parañaque
or both.317
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
The sale of cigarettes to minors is also prohibited under
the same Parañaque Ordinance No. 95-18318 that disallows the sale of intoxicating beverages. Said ordinance
provides that all owners, sellers, or agents of business
or commercial establishments are prohibited from
selling cigarettes to minors319 and shall be penalised
in the same manner when violations are committed
when liquor is sold to minors.320
Vandalism
The willful and malicious destruction or defacement
of public or private properties or “vandalism” is prohibited under Ordinance No. 96-14321. The violator
of this ordinance, whether a minor or an adult, shall
be given the following penalties:
(a) First offense -- One (1) hour community service at
the Environmental Sanitation Center.
(b) Second offense – Fine of not more than One hundred pesos (Php100.00) or imprisonment of not
more than two (2) days or both upon discretion of
the Court.
(c) Third offense – Fine of not more than Three hundred pesos (Php300.00) or imprisonment of not more
than five (5) days or both upon the discretion of the
Court.
NON-PENAL LEGISLATIVE MEASURES
MANILA
dren detained in the said Bureau.323 Moreover, in 1963,
another appropriation was set aside for the construction of a building, which will house the Juvenile and
Domestic Relations Court near the Youth Reception
Center at Arrocerros Street, Manila.324
QUEZON CITY
The Quezon City Child and Youth Welfare Ordinance
arguably embodies a comprehensive list of action steps
and programmes that may be implemented to benefit
minors. Among the programmes that this ordinance
seeks to accomplish are the following, among others:
• The creation of the Quezon City Center for Child
and Youth Development, its policy making body, the
appropriation of funds for its establishment.325
• The conduct of programs such as the:
(1) Periodic community dialogues;326
(2) Parent Education Congress;327
(3) Scholarships328
• The establishment of the Early Childhood Care and
Development Program for the care of children ages
0-2.
• The implementation of the Primary Health Care
Program through the Barangay Health Center.329
• Setting up of child-friendly units in Quezon City
hospitals.330
 The investment by the city government in the production of local literature or other relevant materials for
children.331
The notable non-penal ordinances in the City of Manila directly affecting children were enacted as early as
the 60s. In 1960, an ordinance322 was passed changing
the name of the “Council for the Prevention of Juvenile
Delinquency” to “Youth Welfare Council.”
Other notable non-penal legislative measures approved
by the Quezon City Council are the following:
In 1962, appropriations were made for the purchase of
equipment and other devices for the use of the Juvenile
Control Bureau of the Manila Police Department in
notifying parents or guardians of estranged or lost chil-
 The creation of the Quezon City Council for the
Protection of Children (QCCPC) that shall perform
functions such as the formulation of city plans and
actions for children.332
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• The City Council's adoption and expression of
support to the Provisions of the United Nations
Declaration on the Rights of the Child, the World
Declaration on the Survival, Protection and Development of Children, and the Rights of Girl-Child
Embodied at the Beijing Platform of Action for
Women.333
• The establishment within the City Hall Compound
of a Day Care Center, the “Quezon City Hall Yakap”
for children ages three (3) to six (6) of city government employees.334
• The establishment of the Quezon City Drug Treatment and Rehabilitation Center.335
Children Project's Social Development Center.337
• The creation of a Barangay Anti-Drug Abuse Council to serve as a focal point through which various
organizations and individuals shall cooperatively
work together in the planning, implementation
and evaluation of programs on drug prevention effectively.338
• The conduct of a feasibility study on the establishment
of a shelter for street children in Pasay City.339
PARAÑAQUE CITY
In the Child Welfare Code of Pasay City336, the City
Government has declared Pasay City as a “Child
Friendly City.” Under this Code, the City Government
has committed to, among others:
The City Government of Parañaque has passed a variety
of non-penal legislative measures in the past decade.
These measures intended to benefit minors range from
the extension of financial assistance to youth circles,340
the grant of authority to the Mayor to enter into a
Memorandum of Agreement with a Children’s Foundation,341 to the grant of a locational clearance for the
construction of a proposed orphanage.342
• Implement the Under Six Program Framework and
the Primary Health Care Program Framework;
Most notable, however, among the non-penal legislative measures for the youth are the following:
• Establish a comprehensive Community Support
System, the Community Support System, which consists of, among others, the Pasay City Child Welfare
Council, the Barangay Council for the Protection
of Children; and
• The creation and establishment of a Culture, Arts
and Music Training Center for Out-Of-School
Youth, Street Children And Other Less Privileged
Sector in the City of Parañaque;343
PASAY CITY
• Institutionalise Foster Homes for children with the
technical assistance and supervision of the Department of Social Welfare and Development-NCR.
In addition to the Child Welfare Code, other noteworthy legislative measures that are non-penal in
nature are:
• The grant of authority to the Mayor to enter into a
Memorandum of Agreement with the Department of
Interior and Local Government for the establishment
and maintenance of the Street and Urban Working
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• The grant of a monthly allowance of Five Hundred
Pesos each for the Special Children of Parañaque
enrolled in the Special Education Program of
DECS;344
• The establishment of a Post-secondary/ Tertiary
Educational Institution of Science And Technology;345 and
• The establishment of a Half-Way Home for Drug
Dependents.346
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
CALOOCAN CITY
Barangay 102 in Caloocan issued Resolution No. 6
S-1998347 organising a Barangay Council for the Protection of Children (BCPC).
Analysis
Although the ordinances and resolutions collected
from each respondent city and barangay by no means
represent the entire profile of local laws governing
children, the project endeavoured to be as comprehensive as possible. The penal legislation in the city
and barangay levels, based on the laws collected, is
principally focused on penalising certain acts, whether
committed by adults or by children. The identified
non-penal laws refer to children in general, with no
specific provision for the promotion of the rights of
children in conflict with the law. These non-penal laws
generally provide for appropriations for facilities and
equipment; financial assistance to individual persons
and institutions; cooperation with other government
agencies; and establishment of sports and cultural
programmes.
In addition to the crimes provided in the Revised
Penal Code of the Philippines that may be committed by both adults and children, there are penal laws
enacted at the city and barangay levels that apply to
children only, ie, violation of curfew; abuse of solvents
and volatile substances; smoking and use of tobacco;
loitering; and use of video games. Other ordinances
may apply to both adults and children, ie, roller and
skateboarders; selling of cigarettes; selling of intoxicating beverages; selling of pornographic materials; and
recruitment into fraternities.
Arrest and imprisonment. Among the crimes for
which children are arrested include violations of the
ordinances cited in this research. Although some of the
local laws provide for graduated penalties in terms of
fines and impose imprisonment only after the repeated
commission of offences, children are still arrested and
enter the criminal justice system owing to the existence
of these laws. Prescribed penalties of imprisonment
range from one day, as in the case of curfew violations
in the City of Manila and of jaywalking in the City of
Parañaque, to one year in cases wherein the Pasay City
Ordinance against recruitment to fraternities or the
City of Manila Ordinance against vandalism is violated.
The imposition of penalties of imprisonment on children under these city ordinances, however, goes against
the principle of restorative justice and reflects the local
laws’ failure to consider the needs of the community,
the needs of the child and the desirability of the child’s
reintegration into and assumption of a constructive role
in society.348 These laws affirm the punitive nature of
the criminal justice system in the Philippines, which
primarily focuses on the laws that are broken, the offender, and the punishment provided.
While fines are provided as alternative penalties, there
are cases wherein the children are unable to pay such
fines, and even in cases where they are able to pay, they
still spend hours or days in the barangay holding cells,
police precincts or jails. As seen in previous studies
conducted, abuse and trauma can, and indeed happen,
during the initial contact of children with the criminal
justice system in the form of arrest.349
During the focus group discussion for the court and
prosecution, the imprisonment of children arrested
for the violation of ordinances was raised as an issue.
In ordinary cases, violations of city and barangay
ordinances are within the jurisdiction of the Metropolitan Trial Courts, the Municipal Trial Courts in
cities and municipalities, and the Municipal Circuit
Trial Courts. The applicable law is the Revised Rule
on Summary Procedure.350 However, since a child
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is the one charged with the violation, jurisdiction is
automatically conferred to the Regional Trial Court
assigned as a Family Court pursuant to Section 5 of
the Family Courts Act:
SECTION 5. Jurisdiction of family Courts. – The
Family Courts shall have exclusive original jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused
is below eighteen (18) years of age but not less than
nine (9) years of age but not less than nine (9)
years of age or where one or more of the victims is a
minor at the time of the commission of the offense:
Provided, That if the minor is found guilty, the court
shall promulgate sentence and ascertain any civil
liability which the accused may have incurred.
x x x 351
In this case, the Rule on Summary Procedure
would still apply even though the case is with
the Regional Trial Court since its provisions on
the arrest of an accused are more favourable to
the child:
SEC. 16. Arrest of accused. — The Court shall not
order the arrest of the accused except for failure
to appear whenever required. Release of the person
arrested shall be either on bail or on recognizance by
a responsible citizen acceptable to the Court.
SEC. 17. Judgment. — Where a trial has been
conducted, the Court shall promulgate the judgment not later than thirty (30) days after the
termination of trial.352
The Rule on Juveniles in Conflict with the Law
even reinforces this point:
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SEC. 15 Recognisance. – Before final conviction,
all juveniles charged with offenses falling under
the Revised Rule on Summary Procedure shall be
released on recognisance to the custody of their
parents or other suitable person who shall be responsible for the juveniles’ appearance in court whenever
required.353
However, the application of these provisions, in practice, depends on the Family Court judge. According
to one participant during the plenary presentation, if
the Family Court judge is familiar with the Revised
Rule on Summary Procedure, having been previously
assigned with the Municipal Trial Court, he or she will
apply its provisions, unlike judges who are not familiar
with the same provisions. Children, then, may undergo
different processes for the same offence, depending on
the judge’s knowledge of the Revised Rules on Summary Procedure. While other children may be granted
recognisance, others may spend hours or days in jail
or may be required to furnish bail even if the case is
covered by the Rule on Summary Procedure.
Types of penalties. The range of penalties imposed in
the various ordinances is noticeably limited. The types
of penalties are largely limited to fines, admonition,
community or public service, and/or imprisonment.
This limited “catalogue” of penalties may be indicative
of the limited knowledge that local legislators have on
a whole range of other disposition measures that may
be imposed upon erring minors, such as those provided
under Section 22 of the Rule on Juveniles in Conflict
with the Law:
SEC. 22. Diversion Programs. – The diversion program designed by the Committee shall be distinct to
each juvenile in conflict with the law limited for a
specific period. It may include any or a combination
of the following:
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
a) Written or oral reprimand or citation;
b) Return of property;
c) Payment of the damage caused;
d) Written or oral apology;
e) Guidance and supervision orders;
f ) Counseling for the juvenile and his family;
g) Training, seminars and lectures on (i) anger management skills; (ii) problem-solving and/or conflict
resolution skills; (iii) values formation; and (iv)
other skills that will aid the juvenile to properly deal
with situations that can lead to a repetition of the
offense;
h) Participation in available community-based programs;
i) Institutional care and custody; or
j) Work-detail program in the community.
Hence, there is an evident want of local legislation that
reflects the State’s commitment under the UN CRC,
Article 41, Paragraph 4, which states that:
A variety of disposition measures, such as care,
guidance and supervision orders; counseling; probation; foster care; education and vocational training
programmes and other alternatives to institutional
care shall be available to ensure that children are
dealt with in a manner appropriate to their wellbeing and proportionate both to their circumstances
and the offence.354
In addition, it is not enough to merely provide for
penalties, especially for ordinances applicable to
children in conflict with the law. Penalties such as
community or public service should be clearly defined
and its parameters set. More importantly, the question
is whether the activities that constitute community or
public service are “appropriate to their well-being and
proportionate both to their circumstances and the of-
fence.” Will cleaning the barangay hall or police station
fulfil said standards? Moreover, how can restorative
justice be applied when the penalty given is community
or public service?
Degree of penalty. A comparison of the city ordinances
seeking to penalise the same type of infraction reveals
a remarkable difference in the nature and degree of
penalties imposed on children. In the case of curfew
ordinances, only the City of Manila imposes a penalty
of imprisonment (for minors above 15 years old) in
case of a violation of the curfew rules. A violation of
Ordinance No. 4086 on curfew, enacted on 14 October
2002, merits an imprisonment from one day to ten
days, or a fine of Php2,000, or both, at the discretion
of the court, for third and subsequent offences. On the
other hand, the Cities of Pasay and Parañaque merely
impose community service to minors who violate
their respective curfew ordinances. Under Ordinance
No. 688 of Pasay City regarding curfew hours, the
maximum penalty is 120 hours of community service
and a fine of Php500 to be paid by the child’s parents.
Similarly, under Ordinance No. 99-12 of the City of
Parañaque, the maximum penalty is community work
for eight hours and a fine of Php500.
Similarly, the Quezon City government imposes a
penalty of public service to the child, but in the event
of a third offence, its curfew ordinance prescribes that
the minor:
… shall be temporarily detained at the Barangay
not more than six (6) hours and the offending minor
shall be turned over to the nearest police precinct
for proper disciplinary action in accordance with
existing laws, rules and regulations or ordinances
of the city x x x355
The City of Caloocan, on the other hand, imposes fines
against the parents or guardians of the erring minor.
However, upon the commission of the fourth and
Chapter 5 • City and Barangay Ordinances and Resolutions
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
succeeding offences, the “conscription of the juvenile
offender to Social Welfare entities” is prescribed.
While the different curfew ordinances punish the same
act, children arrested for their violation are treated and
penalised in extremely different ways. One city imposes
imprisonment, while other cities merely impose community service.
In the same manner, violations of ordinances prohibiting vandalism and drinking of intoxicating beverages
or liquor in public places merit varying degrees of
penalties across the subject cities. In Manila, for example, a child who commits an act of vandalism may
be given a penalty ranging from six months to one year
imprisonment under Ordinance No. 7971. However,
a minor who commits the same act of vandalism as
prescribed under Ordinance No. 96-14 of the City of
Parañaque may only be directed to render a one hour
community service or in the extreme case, be penalised
with imprisonment ranging from two to five days.
While the City of Parañaque imposes a maximum
penalty of 30 days imprisonment to minors who violate
its Ordinance No. 95-27 prohibiting the drinking of
alcoholic beverages in public places, the City of Pasay
imposes a maximum imprisonment penalty of six
months to minors who commit the same infraction
under Pasay City Ordinance No. 265.
In the above cases, although the ordinances in different
cities punish the same acts, children arrested for these
acts are treated differently.
Question on constitutionality. There is a question as
to the constitutionality of several of the ordinances.
The Supreme Court, in the case of People vs. Nazario
(GR No. L-44143, 31 August 1988), held that: “As a
rule, a statute or act may be said to be vague when it
lacks comprehensive standards that men ‘of common
intelligence must necessarily guess at its meaning and
72
Save the Children – UK
differ as to its application.’ It is repugnant to the constitution in two respects: (1) it violates due process for
failure to accord persons, especially the parties targeted
by it, fair notice of the conduct to avoid; and (2) it
leaves law enforcers unbridled direction in carrying out
its provisions and becomes an arbitrary flexing of the
government muscle.”
For instance, Barangay Masambong of Quezon City
issued Ordinance No. 6, series of 1999356 banning the
use of pellet guns, toy guns and watusi pyrotechnics.
Penalty provided for commission of a third offence is
“…imposition of whatever legal action, which maybe
commensurate to the offense involved particularly
when there is an aggrieved party.” The “legal action”
contemplated under this ordinance is vague. What is
the “legal action” contemplated in the first place?
In Quezon City also, Ordinance No. 4, S-2002 on
curfew imposes the following penalties for commission
of a third offence: “…he shall be temporarily detained
at the Barangay not more than six hours and the offending minor shall be turned over to the nearest police
precinct for proper disciplinary action in accordance
with existing laws, rules and regulation or ordinances of
the city, like vagrancy, etc.” Proper disciplinary action
is not defined. Does it include corporal punishment?
What constitutes a “proper” disciplinary action is left to
the discretion of the police officers. In this instance, its
implementation may vary from person to person. One
police officer may view disciplinary action to include
corporal punishment while another may interpret it as
admonishing the children or giving them a warning.
Recommendations and interventions. In view of the
foregoing discussion, the following forms of interventions may be done to correct existing local legislation
where needed and to prevent the creation of local laws
that are disadvantageous to children in conflict with
the law:
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
• Training of local legislators on the pertinent international instruments (ie, UN CRC) and national
laws (ie, Child and Youth Welfare Code, Rule on
Juveniles in Conflict with the Law) to ensure that
ordinances to be enacted shall be consistent with
the principles, policies and procedures embodied
therein. This may also serve as the venue to orient local legislators on the guiding principles on
proper determination and graduation of penalties
that take into consideration the special circumstances of children;
• Training on drafting of ordinances both at the
barangay and city level, with focus on the constitutional requirements.
• Creation of venues (ie, seminars, roundtable
discussions), where local legislators, local city
and barangay officials and child rights activists
from different cities may share experiences on the
implementation of ordinances. This shall serve as
potent venues to learn the better practices from
cities and barangays that enact and implement
more child-friendly ordinances;
• Training of Family Court judges to be familiar
with the Rules on Summary Procedure as well
as the Rule on the Juveniles in Conflict with the
Law;
• To prevent further detention and imprisonment
of children and to ensure their uniform treatment across cities and barangays, the project
recommends the decriminalisation of ordinances
nation-wide if children commit violations; and
• City and barangay officials should provide for
alternative disposition measures to imprisonment
as penalties for infractions, taking as an example
such measures under the Rule on Juveniles in
Conflict with the Law issued by the Supreme
Court.
Chapter 5 • City and Barangay Ordinances and Resolutions
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Survey of Local Ordinances in the Cities
of Caloocan, Manila, Parañaque, Pasay and
Quezon City
CITY ORDINANCES
1. Caloocan City
Table 5.1. Penal ordinances affecting children, Caloocan City
Resolution /
Ordinance No.
Title
Acts Required / Prohibited
0247 s.1997
An Ordinance Implementing a City-  The “Caloocan youngsters” aged 17 and below  First offence -- Reprimand and
Wide and Homogenous Night Time
are banned from the streets during nighttime,
Guardian/Parental Summon
Ban Policy for Minors, Aged Sevenfrom ten o’clock in the evening to four o’clock  Second offence -- Guardian/Parental
teen (17) Years Old and below from
in the morning (Sections 3 and 6).
Fine of Php 300 for negligence
the Streets, and Providing for the
 Third offence -- Guardian/Parental
Corresponding Penalties for Violators
Fine of Php 500 for negligence
and/or Offenders Thereof
 Fourth offence - conscription of
juvenile offender/delinquent to
Social Welfare entities (Section 4)
0259 s.1998
An Ordinance Amending and Pro-  Same nighttime ban under Ordinance No. 0247  Additional provision: Same penalviding the Necessary Safeguards to
s. 1997, but with policy exemptions:
ties as the Fourth offence for the
City Ordinance No. 0247, Series of
(1) Occupational exemptions
juvenile delinquent or youthful
1997, Implementing a City-Wide and
- students enrolled in night classes
offenders commits another offence
Homogenous Night-Time Ban Policy
- night-shift young workers
after the Fourth one
for Minors Aged Seventeen (17) Years
(2) Incidental exemptions
Old and below from the Streets, and
- minors accompanied by their elders
Providing the Corresponding Penal- minors procuring medicine
ties for Offenders and/or Violators
- minors performing tasks under the direct
Thereof
supervision of their elders, brothers/sisters aged 18 and above, and persons having
parental authority over the minor/s
- minors involved in accidents, disasters and
the like
(3) Occasional exemptions (e.g. Christmas Eve,
Town Fiesta)
TOTAL (as of January 2003)
Penal: 2 (Ordinance No. SP 0259, S-1998 reiterates and amends Ordinance No. 0247, S-1997)
Non-penal: 0
74
Penalties
Save the Children – UK
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
2. City of Manila
Table 5.2. Penal ordinances affecting children, Manila City
Resolution/
Ordinance No.
Title
Acts Required / Prohibited
Penalties
Ord. No. 8046
(14 October
2002)
An Ordinance Declaring the Hours  Observance by “children and youths” below 18
from 10:00 p.m. to 4:00 a.m. of the
years of age of curfew hours that start at 10
Following Day as ‘Barangay Curfew
p.m. and end at 4:00 a.m. During these hours,
Hours’ for Children and Youths below
minors are not allowed in the streets, commercial
Eighteen (18) Years of Age, Prescribestablishments, recreation centres, malls or any
ing Penalties Therefor, and for Other
other area outside the immediate vicinity of their
Purposes
residence.
 the following are exempted from the curfew:
(a) Those accompanied by their parents, family
members of legal age, or guardian;
(b) Those running lawful errands such as buying of
medicines, using of telecommunication facilities for emergency purposes and the like;
(c) Students of night schools and those who, by
virtue of their employment, are required to
stay in the street or outside their residence
after 10 p.m.; and
(d) Those working at night.
 Children falling under categories (c) and (d)
shall secure a certification from their Punong
Barangay exempting them from the coverage
of the Ordinance, or present documentation/
identification proving their qualification under
any such category
Ord. No. 7971
(29 October
1999)
An Ordinance Amending Ordinance  It is unlawful for any person to deface or cause  Fine of not less than Php 1,000
No. 6511, Prohibiting the Defacing, by
to be defaced by painting, writing, scribbling,
but not more than Php 5,000 or
Painting, Writing, Scribbling, Scrawlscrawling, drawing, smearing, colouring, stampimprisonment of not less than six
ing, Drawing, Smearing, Coloring,
ing or inscribing, the walls, sidings, partitions,
months nor more than one year or
Stamping or Inscribing of Window
fences, gates, doors or window panes of buildings,
both fine and imprisonment at the
Panes of Buildings, Edifices, Houses
edifices, houses or structures, whether public or
discretion of the Court
or Structures, Whether Public or
private, lampposts, street signs, streets, sidewalks
Private, of Lampposts, Street Signs,
or other public property
Streets, Sidewalks or Other Public
Exceptions:
Property, with Certain Exceptions,
(a) When done with the consent and authority of
and Providing Penalty for Violation
the owner, with respect to privately-owned
Thereof, and for Other Purposes
property, or
(“the Anti-Vandalism Law of 1999”)
(b) When duly authorized by the Mayor, with
respect to public property
 If the offender is 15 years of age
and below -- reprimand for the
youth offender and admonition to
the offender’s parent, guardian or
person exercising parental authority
 If the offender is above 15 years
and under 18 years of age -First offence -- reprimand and admonition;
Second offence -- reprimand and admonition, and a warning about the
legal impositions in case of a third
and subsequent violation;
Third and subsequent offences -imprisonment of 1 to 10 days, or a
Fine of Php 2,000, or both, at the
discretion of the Court
Chapter 5 • City and Barangay Ordinances and Resolutions
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Resolution/
Ordinance No.
76
Title
Acts Required / Prohibited
Penalties
Ord. No. 7952
(18 March 1998)
An Ordinance Prohibiting Any Per-  It is unlawful for any person, owner, operator,  The person, owner, operator,
son, Owner, Operator,Administrator,
administrator, manager or person-in-charge of
administrator, manager or perManager, or Person in Charge of
son-in-charge of operation of
operation of restaurants, eateries and other
Operation of Restaurants, Eateries
restaurants, eateries and other
establishments to allow children below 18 years
and Other Similar Establishments to
establishments found to violate the
of age to loiter, stay or be seated at designated
Allow Children below Eighteen (18)
Ordinance shall be punished, upon
smoking areas within subject establishments
Years Old to Stay, Loiter or be Seated  The same persons enumerated are also directed
conviction, by a fine of Php 5,000
at Designated Smoking Areas within
or imprisonment of 60 days
to display, in conspicuous places within the
Subject Establishments, Providing
establishments, signboards bearing the above  A repeated violation shall conPenalties for Violation Thereof and
prohibition
stitute sufficient ground for the
for Other Purposes
outright cancellation/revocation of
business permit
Ord. No. 7931
(Sept.1, 1997)
An Ordinance Repealing Sections
842-A and B of the Compilation of
Ordinances of the City of Manila,
Consolidating Thereof Ordinances
Nos. 2878, 2927 and 4012, Bearing
on Curfew Hours for Minors, and for
Other Purposes
Ord. No. 7929
(Aug.28, 1997)
An Ordinance Prohibiting the Show-  Theatre owners or operators are prohibited  Fine of Php 5,000 or imprisoning of Movie Trailers of Films with
from showing movie trailers of films with R
ment of not more than 30 days,
R (Restricted) and PG (Parental
(Restricted) and PG (Parental Guidance) clasor both, at the discretion of the
Guidance) Classifications During
sifications during the intermissions/breaks on the
Court. in case of juridical persons,
Intermissions/Breaks on the Duration
duration of playdates of a GP (General Patronage)
the penalty shall be imposed on
of Playdates of a GP (General Patronmovie/s in the City of Manila
the President or General Manager
age) Movie/s in the City of Manila,
of such establishment.
Providing Penalties Thereof
Save the Children – UK
(REPEAL OF SECTIONS 842-A AND B OF CITY ORDINANCE
NOS. 2878, 2927 AND 4012 ON THE CURFEW HOURS)
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Resolution/
Ordinance No.
Title
Acts Required / Prohibited
Penalties
Ord. No. 7918
(Dec.19, 1996)
An Ordinance Prohibiting Any Person  Within the City of Manila, any person or man-  If violators are minors -- they shall
ager/owner of business establishments specified
be treated as youthful offenders
or Owner/ Manager of Business
in the Ordinance is prohibited from selling, or
qualified under Presidential Decree
Establishments to Sell, or Cause the
causing the sale or peddling of the following
No. 603 (the “Child and Youth
Selling or Peddling of Industrial or
industrial or commercial adhesives, solvents and
Welfare Code”)
Commercial Adhesives, Solvents and
other related volatile substances used in solvent  If violators are owners or managers
Other Related Volatile Substances to
abuse, to minors:
Minors, and for Other Purposes
of establishments enumerated in
(a) Construction supplies / hardware stores
Sec. 3 of the Ordinance -- they shall
-- rubber or contact cement, instant glue,
be punished by a fine of Php 5,000
industrial solvents used as adhesives and paint
or imprisonment of one year, or
or lacquer thinner;
both such fine and imprisonment,
(b) Drugstores -- acetone, instant glue;
at the discretion of the Court.
(c) Chemical establishments -- industrial solvent
used as adhesives;
(d) Cosmetic and beauty stores -- nail polish and
acetone;
(e) Department stores, especially those with
cosmetic and/or hardware sections and
drugstores -- same as in a, b, and d.
 Minors below 18 years old are likewise prohibited from buying the above-enumerated volatile
substances used in solvent abuse.
 The owners and/or managers of the establishments are required to post in every entry point,
window and other conspicuous places within
their business premises, warning signs that bear
the pertinent prohibition for minors to buy the
volatile substances enumerated in the Ordinance.
Ord. No. 7842
(Feb.18, 1994)
An Ordinance Prohibiting the Selling
of Cigarettes, and Cigarette Paraphernalia to Minors and Providing
Penalties for Violation Thereof
 The sale, transfer and/or conveying possession or
ownership of cigarettes and cigarette paraphernalia to minors is prohibited
 First Offence -- Fine of Php 200
 Second Offence -- Fine of Php
500
 Third Offence -- Php 1,000 or
imprisonment for six months, or
both fine and imprisonment, at the
discretion of the Court
Chapter 5 • City and Barangay Ordinances and Resolutions
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Resolution/
Ordinance No.
78
Title
Acts Required / Prohibited
Penalties
Ord. No. 7824
(Dec.9, 1993)
An Ordinance Prohibiting Minors  All persons below eighteen (18) years old are  First conviction -- the violator shall
from Smoking Cigarettes, Cigars, and
prohibited from smoking cigarettes, cigars and
render four hours of community
Other Tobacco Products within the
other tobacco products in any form whatsoever,
services to the City Government
City of Manila
whether or not they are in the company of their
under the supervision of the Youth
parents, guardians, elders or relatives who are
Development and Welfare Bureau
not otherwise covered by this prohibition
 Second conviction -- the penalty
imposed for first conviction shall
be extended to eight hours of
community services
 Third and subsequent conviction -a fine of not less than Five Hundred
Pesos (Php 500, or community
services of sixteen (16) hours, or
both, shall be imposed.
Ord. No. 7791
(Jun. 11, 1993)
An Ordinance Prohibiting Sexual
Relations with, and Solicitation or
Procurement of, Prostitutes and
Other Related Acts, Providing the
Penalties Therefor
Ord. No. 7780
(Feb. 19, 1993)
An Ordinance Prohibiting and Pe-  The printing, publishing, distribution, circulation,  For the printing, publishing, distrinalizing the Printing, Publication,
sale and exhibition of obscene and pornographic
bution or circulation of obscene
Sale, Distribution and Exhibition of
acts and materials and the production, public
or pornographic materials; the
Obscene and Pornographic Acts and
showing and viewing of video and VHS tapes,
production or showing of obscene
Materials and the Production, Rental,
laser discs, theatrical or stage and other live
movies, television shows, stage
Public Showing and Viewing of Indeperformances and private showing for public
and other liver performances;
cent and Immoral Movies, Television
consumption, whether for free or for a fee, of
for producing or renting obscene
Shows, Music Records, Video and
pornographic pictures as defined in the Ordivideo and VHS tapes, laser discs, for
VHS Tapes, Laser Discs,Theatrical or
viewing obscene movies, television
nance within the City of Manila
Stage and Other Live Performances,
shows, video and VHS tapes, and
Except Those Reviewed by the Movie,
laser discs or stage and other live
Television Review and Classification
performances -- imprisonment of 1
Board
year or fine of Php 5,000, or both,
at the discretion of the Court
 For selling obscene or pornographic materials -- imprisonment of not
less than 6 months nor more than 1
year or a fine of not less than Php
1,000 nor more than Php 3,000
Save the Children – UK
 The following are declared unlawful under the  Fine of Php 5,000 or imprisonment
Ordinance:
of one year, or both such fine and
(a) to have sexual relations with a prostitute for
imprisonment at the discretion of
some consideration including payment but
the Court
not limited to sums of money;
 If the violator is a foreigner, he/she
(b) to solicit, procure, pimp or pander;
shall, in addition to the above pen(c) to act as a middle person or go-between
alty, be subject to deportation as
for a third person and a prostitute in any
may be determined by the proper
place in the City of Manila for purposes of
authorities
prostitution
 If the violator is between the ages
of 10 and 17 years, he/she shall
pay a fine of not more than Php
2,500 or suffer imprisonment of
not more than six months, or both
such fine and imprisonment, at the
discretion of the Court
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Resolution/
Ordinance No.
Title
Acts Required / Prohibited
Penalties
Ord. No. 7732
(Apr. 27, 1990)
An Ordinance Prohibiting Indecent  To appear, or cause to appear, outside the im-  Upon conviction, the violator shall
Exposure and Disorderly Behaviour
mediate vicinity of any night/day entertainment
be punished by a fine not more
Outside the Immediate Vicinity of Any
spot in the City of Manila in any indecent or lewd
than Php 200 or by imprisonment
Night/Day Entertainment Spot in the
dress
of not more than six months, or
City of Manila; and Providing Penalty  To make any indecent exposure of one’s person
both such fine and imprisonment
for Violation Thereof
at the discretion of the Court
or conduct oneself in disorderly behaviour
Indecent Exposure – being attired in a lewd
dress or attire that is not in consonance with
the customs and traditions of the people, and
which would invite or induce the public to sexual
pleasure, or entice them to offensive and scandalous behaviour; and urinating outside or in the
immediate vicinity of the establishment.
Disorderly Behaviour – drunken, boisterous, rude
or indecent manner
Ord. No. 7695
(Mar. 1, 1989)
An Ordinance Prohibiting the Dis-  All persons, natural or juridical, in the City of  Imprisonment of not more than 10
posal of Garbage, Trash, Rubbish and
Manila are mandated to put their garbage, trash,
days or a fine of not more than Php
Refuse in Open, Uncovered or Unrubbish and refuse in a closed or sealed trash
500 or both upon the discretion of
sealed Container; Providing Penalty
bag, sack or similar container, the same to be
the Court
for Violation Thereof; and for Other
closed and sealed for sanitary, orderly and proper
Purposes
disposition thereof
 It is unlawful to place outside one’s residence or
establishment garbage, trash, rubbish and refuse
in an open, uncovered or unsealed container
 It is also unlawful for any person to open or
destroy the aforesaid container for the purpose
of scavenging and scattering the contents thereof
in getting the said container
Ord. No. 7926
(Aug.6, 1997)
An Ordinance Providing for the  Attempting to prevent, cover, erase or in any  Fine of Php 5,000 or imprisonment
Public Identification and/or Publicaway deface the painting or inscription without
for a period of one year, or both,
tion of Known and/or Confirmed
any authority from the Mayor or his authorized
at the discretion of the Court
Drug Lords, Drug Pushers, Drug
representative
Peddlers or Brokers and Protectors, * The Ordinance provides, prescribes and authorizes
Gambling Lords and Protectors and
the manner of public identification and/or publicaOther Known Criminal Elements
tion of known and/or confirmed drug lords, drug
by Painting or Inscribing with Appushers, drug peddlers or brokers and protectors,
propriate Markings on Their Houses,
gambling lords and protectors and other known
Residences, Walls, Gates, Fences or
criminal elements
Other Premises Thereof, for the
Protection, Safety and Welfare of the
Public, Especially the Youth
Chapter 5 • City and Barangay Ordinances and Resolutions
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Table 5.3. Non-penal ordinances affecting children, Manila City
Resolution/
Ordinance No.
Title
Ord. No. 4728
(Mar.21, 1963)
Resolution / Action Step
An Ordinance Appropriating the Amount of Sixty  Appropriation of Php 60,000 for the construction of a buildThousand Pesos (P60,000.00) to be Made Available for
ing which will house the Juvenile and Domestic Relations
the Construction of a Building which will House the
Court near the Youth Reception Center at Arrocerros Street,
Juvenile and Domestic Relations Court Near the Youth
Manila
Reception Center at Arroceros Street, Manila
An Ordinance Appropriating the Amount of Php  Appropriation of Php 20,000 for the purchase of equipment
20,000.00 to be Made Available for the Purchase of
and other devices for the use of the Juvenile Control Bureau
Equipment and Other Devices for the Use of the Juveof the Manila Police Department in notifying parents or
guardians of estranged or lost children detained in the said
nile Control Bureau of the Manila Police Department
Bureau
in Notifying Parents or Guardians of Estranged or Lost
Children Detained in the Said Bureau
Ord. No. 4588
(Aug.29, 1962)
Ord. No. 4728
(May 26, 1960)
An Ordinance Changing the Name “Council for the Pre-  Changing the name of the “Council for the Prevention of
vention of Juvenile Delinquency” Appearing in Ordinance
Juvenile Delinquency” to “Youth Welfare Council.”
No. 2950, as Amended by Ordinances Nos. 2998, 3498
and 3509, to “Youth Welfare Council.”
Table 5.4. Other ordinances affecting children, Manila City
Resolution/
Ordinance No.
Title
Acts Required / Prohibited
Resolution / Action Step
Ord. No. 5555
An Ordinance Prohibiting the Drink-  Drinking of liquor or any intoxicating beverage  Not indicated
ing of Liquor or Any Intoxicating
in any public place, streets, in front of sari-sari
Beverage in Any Public Place, Streets,
stores or establishments except for restaurants,
in Front of Sari-Sari Stores or Escarinderia or bar with business permit.
tablishments Except for Restaurants,
Carinderia or Bar with Business
Permit.
Ord. No. 7319
An Ordinance Strictly Prohibiting
Littering in a Public Place
Ord. No. 7397
An Ordinance Strictly Prohibiting the  Improper disposal of garbage, paper, cigarette  Not indicated
Improper Disposal of Garbage, Paper,
ashes, etc.
Cigarette ashes, Etc.
 Littering in a public place
 Not indicated
Total (as of January 2003)
Penal: 13 (Not including Ordinance No. 7931 dated 01 Sept 1997 repealing the provisions on curfew hours of earlier approved ordinances)
Non-Penal: 3
Others: 3
80
Save the Children – UK
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
3. Parañaque City
Table 5.5. Penal ordinances affecting children, Parañaque City
Resolution/
Ordinance No.
Title
Prohibitions Or Restriction On Children
Penalties
Ord. No. 01-07
(703) Series of
2001
An Ordinance Penalizing Any  To operate a motor vehicle under the influence  First offence -- Fine of Php 5,000 or
Person Operating a Motor Veof alcohol within the territorial jurisdiction of
30 days imprisonment.
hicle Under the Influence of
the City of Parañaque with a Blood Alcohol  Second offence -- Fine of Php 5,000
Alcoholic Beverages within the
Concentration of 0.06% or more by weight of
and 30 days imprisonment.
Territorial Jurisdiction of the City
alcohol in the driver’s blood
 Third offence -- Fine of Php 5,000and
of Parañaque
30 days imprisonment and a recommendation by the city to the Land
Transportation Office for revocation
of driver’s license
Ord. No. 99-23
(577) Series of
1999
An Ordinance Prohibiting Driv-  Drivers/operators and passengers are prohibers/Operators and Passengers
ited from smoking cigarettes, cigars and other
from Smoking Inside Public Utiltobacco products in any for whatsoever, inside
ity Jeepneys, Buses, Taxicabs or
Public Utility Jeepneys, Buses, Taxicabs or other
Any Other Public Conveyance
Public Utility Conveyance in or through the City
Operating in or Through the City
of Parañaque
of Parañaque, Providing Penalties
for Violation Thereof





Ord. No. 99-12
(575) Series of
1998
An Ordinance Imposing a Curfew  A curfew is imposed on those who are below
for All Youths below Fifteen Years
the age of 15, between 10 p.m. to 4 a.m. of the
of Age Between the Hours of Ten
following day.These minors are prohibited within
o’clock p.m. to Four o’clock a.m.,
that time period to congregate, loiter, wander or
Providing Its Exceptions and Penbe in the streets, plazas, other similar public areas
alties for Violation Thereof
and uninhabited places within the territorial limits
of the City of Parañaque
 The following are exempted from the curfew:
(a) Those accompanied by their parents or
guardians;
(b) Students who come from their schools
and are on their way to their respective
residences, and for this purpose, students
are required to bring with them their school
identification cards and/or other means of
identification;
(c) Those engaged in livelihood provided they
have a certification from the Department
of Social Welfare and Development, City of
Parañaque Branch, upon recommendation of
the Barangay Captain wherein he/she resides.
No fee or charge of whatever nature shall be
paid for such identification card and permit.
 First offence -- Violator is reprimanded
and the parent/guardian is informed of
the violation;
 Second offence -- Fine of Php 100 or
community work for two hours;
 Third offence -- Fine of Php 200 or
community work for four hours;
 Fourth offence -- Fine of Php 300or
community work for six hours;
 Fifth and subsequent offences -- Fine of
Php 500 or community work for eight
hours
Ord. No. 96-15
Series of 1996
An Ordinance Prohibiting Jaywalking along Major Thoroughfares
within the Municipality and Providing Penalties Thereof
First offence – Fine of Php 200
Second offence – Fine of Php 400
Third offence – Fine of Php 600
Fourth offence – Fine on Php 800
Fifth offence – Fine of Php 1,000 or community service of 16 hours to the City
Government of Parañaque or both
 Jaywalking or crossing of streets not using the  First offence -- Fine of Php 100 and/or
designated pedestrians lane or pedestrian overone day imprisonment upon the discrepass along Quirino Avenue, Ninoy Aquino Avenue
tion of the Court
and Dr. Arcadio Santos Avenue
 Second offence -- Fine of Php 200and/
or two days imprisonment upon the
discretion of the Court
 Third and subsequent offences -- Fine
of Php 500 and/or five days imprisonment upon the discretion of the
Court
Chapter 5 • City and Barangay Ordinances and Resolutions
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Resolution/
Ordinance No.
82
Title
Prohibitions Or Restriction On Children
Penalties
Ord. No. 96-14
Series of 1996
An Ordinance Penalizing Van-  The wilful and malicious destruction or dedalism on Public and Private
facement of public or private properties is
Properties
prohibited
Ord. No. 95-27
Series of 1995
An Ordinance Prohibiting the  Consumption or drinking of beer, wine, liquor  First offence -- Fine of not less than
Consumption or Drinking of
or similar intoxication beverages in public places
Php 500 or imprisonment of not less
Beer, Wine, Liquor or Similar
as enumerated in Section 1 of the Ordinance is
than five days
Intoxicating Beverages in Public
prohibited
 Second offence -- Fine of not less than
Places and Providing Penalty for Public places include, but are not limited to:
Php 1,000 or imprisonment of not less
Violations Thereof
(a) roads
than 10 days
(b) pathways
 Third and any succeeding offences -(c) street
Fine of not less than Php 2,500 and/or
(d) alleys
imprisonment of 30 days, upon the
(e) sidewalks
discretion of the Court
(f) sports complex or grounds
(g) parks or playground whether public or
private
(h) Church yards
(i) School yards
Ord. No. 95-18
Series of 1995
An Ordinance Restricting the  All owners, sellers, and/or agents of business or  First offence -- Fine of not less than
Sale of Cigarettes, Liquors and
commercial establishments are prohibited from
Php 500 or imprisonment of not less
Other Intoxicating Beverages by
selling cigarettes and liquors and other intoxicatthan five days
Owners and/or Operators or
ing beverages to minors who are under 18 years  Second offence -- Fine of not less than
Their Agents and Sellers of Busiold
Php 1,000 or imprisonment of not less
ness Establishments to Minors 17
than 10 days
Years and below
 Third and any succeeding offences
-- Fine of not less than Php 2,500
and/or imprisonment of 30 days, upon
the discretion of the Court and if the
violator be a business establishment,
the clearance, permit or license to
operate granted by the municipality
or barangay shall be revoked
Ord. No. 93-15
Series of 1993
An Ordinance Amending Section III and IV of Ordinance No.
5, Series of 1961, entitled “An
Ordinance Regulating the Sale
and Drinking of Beer, Wine or
Similar Intoxicating Liquor and
Providing Penalty for the Violation
Therefor”
Save the Children – UK
 First offence -- One hour community
service at the Environmental Sanitation
Center
 Second offence -- Fine of not more
than Php 100 or imprisonment of not
more than two days or both upon
discretion of the Court
 Third offence -- Fine of not more than
Php 300 or imprisonment of not more
than five days or both upon the discretion of the Court
 Fine of not less than Php 500 but not
more than Php 1,000 or an imprisonment of not less than 15 days but not
more than 30 days or both at the
discretion of the Court
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 5.6. Non-penal ordinances affecting children, Parañaque City
Resolution/
Ordinance No.
Title
Relevant Provisions/ Resolution / Action Step
Res. No. 02-33 (2677)
Series of 2002
A Resolution Extending Financial assistance  City government’s reiteration that the enhancement and growth of culture
in the Amount of Three Hundred Thousand
and tradition are among its highest priorities and recognition of traditional
Pesos (Php 300,000.00) to Tambo Youth
Lenten activities celebrated in select barangays in the City
Circle (TYC.) Balikatan ng mga Kababaihan  Appropriation of Php 300,000 by way of support and financial assistance
ng Don Galo, Kudyapi, Philippines
to the Tambo Youth Circle, Balikatan ng mga Kababaihan ng Don Galo,
Kudyapi, Philippines
Res. No. 01-47 (2530)
Series of 2001
A Resolution Authorizing the Hon. Mayor  Granting of authority to the City Mayor to sign for and in behalf of the
Joey P. Marquez to Sign for and in Behalf
City Government of Parañaque the Memorandum of Agreement with
of the City Government of Parañaque
the Save the Children Foundation to enable the latter to reach a
the Memorandum of Agreement with the
wider number of children, parent/caregivers and community members
Save the Children Foundation to Enable
the Latter to Reach a Wider Number of
Children, Parent/Caregivers and Community Members
Ord. No. 01-03 (695)
Series of 2001
An Ordinance Creating and Establishing a  Declaration that the promotion of tourism and the development of the
Culture,Arts and Music Training Center for
arts are major thrusts and programs of the City Government and that
Out-of-School Youth, Street Children and
the City Government gives distinct and utmost importance to projects
Other Less Privileged Sector in the City
that enhance the growth of culture and artistic expressions and activities
of Parañaque
that will help revitalize and reinforce the rich culture and tradition of the
City
 Recognition that the creation and establishment of a training centre shall
help realize the aims of the City Government in promoting arts and culture
and to assist training the youth in music and other art forms
 Establishment under the Office of the City Mayor the Culture, Arts and
Music Training Center for out-of-school youth, street children and other
members of the less privileged sector of the city
 Provision of funding for the operation of the Center, its program activities
and other needs, to be sources from the Social Fund of the Mayor and
donations from other sources
Res. No. 00-83
Series of 2000
A Resolution Granting Locational Clear-  The Evaluating Committee of the City, after its inspection study and
ance to Sister Phillip/Sr. Salecia for Their
evaluation of the proposed project, St. Joseph’s House (Orphanage) recProposed St. Joseph House (Orphanage)
ommending approval of granting a Locational Clearance for the project
Located at L-1-A-2, 1-A-3 & 1-A-4 El  Grant of the Locational Clearance to Sister Phillip/Sr. Salecia for their
Dorado Avenue, Levitown, Barangay Don
proposed St. Joseph’s House (Orphanage) located at Barangay Don Bosco,
Bosco, City of Parañaque, Metro Manila
City of Parañaque
Ord. No. 00-19
Series of 2000
An Ordinance Granting a Monthly Allow-  Recognition that there are 34 children of special needs, 27 hearing-impaired
ance of Five Hundred Pesos (P500.00)
pupils, and 15 vision-impaired students enrolled in the Special Education
Each for the Special Children of Parañaque
Program of the DECS in Parañaque City
Currently Enrolled in the Special Education  Grant of a monthly allowance of Php 500 to each special child
Program of DECS and Appropriating Funds
(mentally retarded, vision and hearing impaired) enrolled in
Therefor
the special education program of DECS, provided that said child
has attended 80% of his/her classes for each month pursuant to the City
Council’s power to approve ordinances that provide for the care of disable
persons and other needy and disadvantaged persons, particularly children
and youth below 18 years of age
 Recognition of the need to provide assistance to this segment of the
society as their talents could be harnessed in making them productive
and not dependent members of the community
 Appropriation of Php 500,000 from the General Fund for the above
purpose, with an yearly increment of 10% of said amount
Chapter 5 • City and Barangay Ordinances and Resolutions
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Resolution/
Ordinance No.
Relevant Provisions/ Resolution / Action Step
Ord. No. 00-17
Series of 2000
An Ordinance Establishing a Post-second-  Reiteration that one of the primary objectives of the City Government is
ary/Tertiary Educational Institution of
to reach out and offer to the youth of the city, particularly the poor but
Science and Technology and Appropriating
deserving ones, a tertiary education in science and technology
Funds for the Purpose
 Establishment of a Post-Secondary/Tertiary Educational Institution of science and technology, that shall admit only bonafide residents
and children of residents of Parañaque City, with priority for admission
given to graduates of public school, considering that there is no school
of higher learning specializing in science and technology in the City of
Parañaque and pursuant to the City Government’s desire to immensely
contribute in the development of professionals in the field of science and
technology to meet the rapidly growing demands of the future
 Appropriation of Php 1.2 million for Fiscal Year (FY) 2000 and Php 8.8
million for FY 2001 to cover salaries, wages and other fringe benefits for
personnel services, maintenance and other operating expenses, supplies,
materials and other educational equipment
Ord. No. 95-04
Series of 1995
An Ordinance Regulating Financial assis-  Recognition of the need to regulate the financial assistance extended to
tance Granted to Charitable Institutions
different requesting charitable institutions in order to give priority to the
from Games and Amusements Tax
financing of the Municipality’s (now City) projects and the settlement of
the local government’s financial obligations
 Establishment of a cap (Php 10,000) for financial assistance to
be given by the City Government to charitable institutions.
 Order that the exact amount of financial assistance to be granted to
charitable institutions shall be recommended by the City Treasurer, subject
to the approval of the City Council
Ord. No. 93-12
Series of 1993
An Ordinance Establishing a Half-Way
Home for Drug Dependents to be Administered by Technical Personnel and Providing
Funds Therefor
TOTAL (as of January 2003)
Penal: 8
Non-Penal: 8
84
Title
Save the Children – UK
 Citing the student on the After Care Services from the barangay health
centres, the City Council recognizes the need for an intensive after care
and the follow-up services to prevent the problem of relapses among
those who underwent drug rehabilitation, and the imperative need for a
half-way home
 Acknowledging that the city’s willingness to extend funding support for
the establishment of the half-way facility, together with the Richmond
Foundation, the latter being responsible for the funding of all programs
and services, the equipment, supplies, among others
 Establishment of a half-way home and the statement of the fund
requirements and the counterpart appropriation coming from
the City Government
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
4. Pasay City
Table 5.7. Penal ordinances affecting children, Pasay City
Resolution/
Ordinance No.
Title
Acts Required / Prohibited
Penalties
Ord. No. 2001,
S-2001
An Ordinance Providing for Child  Strict adherence to the provisions of “An Act  No penalties for minors. Penalties
Survival, Development, Protection,
Promoting the Salt Iodisation Nationwide” is
are imposed on the salt producer,
Security and Participation and Esrequired
manufacturer, importer, or trader
tablishing a Comprehensive Children  Pasay City hospitals are mandated to comply with
found to have violated the said
Support System in Pasay City and for
law
the requirements of the Department of Health
Other Purposes
for a Mother-Baby Friendly Hospital
 No penalties for minors. Hospitals
found to have deliberately violated
 Inclusion of child-friendly facilities in the prothis mandate shall be recommendposed building plans of commercial buildings in
ed for appropriate sanctions by the
Pasay City
Department of Health
 The provision of Paging Booths/System in all Pasay
 Non-approval of the proposed
City shopping malls is required
building plans
 No penalties for minors. Failure to
comply shall subject the offender to
a fine of Php 5,000, in addition to
the suspension of permit to operate business for one year
Ord. No. 1383,
S-1999
An Ordinance Prohibiting the Manufacture, Sale and Possession of Toy
Guns with Pellet Bullets in Pasay City
and Imposing Penalties for Violation
Thereof
 The manufacture, sale or possession of metal or  The person who manufactures, sells
plastic toy guns capable of being fired with the
or possesses said toy guns shall
use of plastic pellet bullets are prohibited
suffer the following penalties:
(a) Confiscation of the toy gun and
plastic pellet bullets
(b) If the violator is 18 years old
or above, he/she shall suffer
imprisonment of five days or
a fine of Php 1,000, or both at
the Court’s discretion
Chapter 5 • City and Barangay Ordinances and Resolutions
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Resolution/
Ordinance No.
Title
Acts Required / Prohibited
Ord. No. 1496,
S-1999
The Anti-Vandalism Ordinance of
Pasay City
 Acts of vandalism, as defined under the ordinance,
are prohibited
 “Vandalism” or “acts of vandalism” under the
Ordinance means:
(1) Any form of writing, scribbling, scrawling or
drawing with the use of paint, pentel, fountain and ball pens and inks or any colouring
materials of any word, sign or logo on any
private or public wall fence, gate, building
or legitimate signs, bill boards and public announcements without the written consent
of the owner;
(2) Any form of painting, spraying or splashing
of paints, inks or colouring materials on any
statue, bust, private or public wall, fence, gate,
building or legitimate sign or billboards and
public announcements, without the written
consent of the owner;
(3) Any form of scratching or etching with the use
of pointed or sharp object on any private or
public wall, fence, gate, glass windows or glass
show case, legitimate signs, billboards and
public announcements without the written
consent of the owner;
(4) Any form of pasting or posting of any campaign
or advertising materials on any private or
public wall, fence, gate, building or legitimate
signs, billboards or public announcements
or removing or defacing any legitimate signs,
billboards or public announcements without
the written consent of the owner;
Ord. No. 688,
S-1996
An Ordinance Amending Ordinance  Observance of persons below 18 years old of
No. 181 S-1992 to Read as “Ordicurfew hours that starts at 10 p.m. and ends at
nance Imposing Curfew Hour to
4 a.m.
All Persons below 18 Years of Age  The following are exempted from the curfew:
Starting Ten (10:00) O’Clock in the
(a) Children having legitimate employment at
Evening Up to Four (4:00) O’Clock
nighttime to be certified by the employer and
in the Morning of the Following Day
the barangay captain or at least two barangay
and Providing Penalties to Violators
councilmen;
Thereof
(b) Students with an ID Card from school where
he/she is presently enrolled or a certification
from the barangay captain;
(c) Children who do not have known parents but
have a certification from the DSWD;
(d) Children in transit who are accompanied by
parents; and
(e) Children who are sent on errands in emergency cases.
 The curfew is suspended from the period starting December 16 and ending January 2 of the
following year.
Save the Children – UK
Penalties
 First offence - to be blottered or
recorded in the barangay which has
territorial jurisdiction
 Second offence - Undergo community service totalling at least eight
hours by the Barangay Captain (sic)
who has territorial jurisdiction
over the place where the violator
resides
 Third offence - Undergo community service totalling at least 48
hours
 Fourth offence - Undergo or render community service totalling at
least 120 hours and in the event of
deliberate refusal, the violator and
his/her parents shall jointly suffer to
pay a fine of Php 500 (Section 5)
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Resolution/
Ordinance No.
Title
Acts Required / Prohibited
Penalties
(s(Ord. No.
1545, S-1999
An Ordinance Amending Ordinance
210 S-1993 Prohibiting the Exhibition of Lewd or Obscene Shows in
Pasay City
 The exhibition of obscene or lewd shows are  The performer, owner or person
prohibited in all beer joints, night clubs, bars,
in case of a single proprietor, business enterprise or the officers of a
karaoke bars, theatres, entertainment places and
corporation or partnership which
other places of amusement in Pasay City
runs or operates any of the stated
establishments who are found to
have violated the ordinance shall
suffer the following penalties:
(a) First offence –Php 2,500 or an
imprisonment of two months
(b) Second offence –Php 3,500,
or an imprisonment of three
months
(c) Third offence – Php 5,000 or
an imprisonment of six months
or both on the discretion of the
Court.
 Succeeding violation(s) after the
Third offence shall be the revocation of all necessary license and
permit issued by the City Government
Ord. No. 1576,
S-1999
An Ordinance Regulating the Sale or  It is declared unlawful for any business, amusement,  No penalties for minors. The
Dispensation of Intoxicating Liquors
or entertainment establishments, restaurants or
person who shall violate this
and Beverages to Minors
carinderias to sell or dispense or serve intoxicatOrdinance shall suffer 30 days iming liquors and beverages to minors
prisonment or a fine of Php 5,000
or both, at the discretion of the
Court.
 The Mayor’s License/Permit of
the establishment shall also be
revoked.
Res. No. 1348,
S-1999
Resolution Requesting the Honour-  Reiteration of the earlier ordinance, Ord. No.  Reiteration of the penalty provided
able City Mayor of Pasay to Strictly
265, S-1994 (see below)
in Ord. No. 265, S-1994
Implement Ordinance No. 265, S1994 in the Entire Jurisdiction of
Pasay and to Instruct the Police
Officers and All Barangay Officials to
Do the Same
Ord. No. 290,
S-1994
An Ordinance Prohibiting Minors  Operators, managers, owners are prohibited  The penalty if a fine of Php 500,
below Eighteen (18) Years of Age
from allowing minors below 18 years of age
or an imprisonment of 30 days,
from Entering the Pasay City Cockpit
from entering the Pasay City Cockpit Coliseum
or both at the discretion of the
Coliseum for Purpose of Setting or
for purposes of betting or participate in betting
Court.
Participating in Betting as “Kristo”
as Kristo and entering the ring of rueda before  The penalty is imposed not on
and Entering the Ring or “Rueda” Bethe minors, but on the operators,
or during the actual cockfight
fore or During the Actual Cockfight
managers, or owners who violate
in View of the Hazard Posed by the
this Ordinance.
Sharp Blades (GAFF) attached to the
Fighting Cocks and/or Act as Gaffer,
“Sulatdor”, or “Nagpapatuka”
Chapter 5 • City and Barangay Ordinances and Resolutions
87
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Resolution/
Ordinance No.
88
Title
Acts Required / Prohibited
Penalties
Ord. No. 265,
S-1994
An Ordinance Prohibiting the  It is prohibited for any person to drink any in-  Any person who violates any of the
Drinking of Intoxicating Liquor and
toxicating liquor or beverage in any public place,
provision of this Ordinance shall
Beverage in Any Public Place, Building
building and cemetery
be punished by imprisonment of
and Cemetery in Pasay City at Any
six months and one day, or fine of
Time of the Day or Night and ProvidPhp 2,000 or both at the Court’s
ing for Violations Therefore
discretion
Ord. 311-a,
S-1994
An Ordinance Prohibiting Roller and  Prohibition of the use of national and city roads  First offence - a fine of Php 200
Skateboard Skaters from Using Naby roller and skateboard skaters
 Second offence - a fine of Php
tional and City Roads and Imposing
300
Penalties for Violators Thereof
 Third offence - a fine of Php 500
Ord. No. 228,
S-1993
An Ordinance Prohibiting Any Person  Any person 17 years old and below are prohibited  Any person who is 17 years old and
Who Are Under the Age of Eighteen
from smoking cigarettes or cigars, as well as buybelow who violates this ordinance
(18) Years Old from Buying/Acquiring
ing or acquiring the same from any establishments
by smoking/buying/acquiring cigaand Smoking Cigarettes/Cigars
within the territorial limits of the city (Section
rettes or cigars shall be subjected
to a fine of Php 200
3)
 Those who run the business establishment in violation this Ordinance
by allowing a minor to buy or
acquire cigarettes or cigars shall
suffer to pay a fine of Php 500
Ord. No. 156,
S-1992
An Ordinance Prohibiting the Recruit-  No person shall engage in the recruitment of
ment of Minors to All Fraternities and
minors to any fraternity or other similar organizaOther Similar Organizations and
tions, in and out of the school premises
Providing Penalty Thereof (sic)
Save the Children – UK
 Penalty is imprisonment
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 5.8. Non-penal ordinances affecting children, Pasay City
Resolution/
Ordinance No.
Title
Relevant Provisions/ Resolution / Action Step
Ord. No. 2001, S-2001
An Ordinance Providing for Child Survival, Devel-  Declaration that Pasay City is a Child Friendly City
opment, Protection, Security and Participation  Recognition of the children’s right to life and the full development
and Establishing a Comprehensive Children
of their potential (Survival and Development Rights of Children)
Support System in Pasay City and for Other
and the social trends showing a significant increase in the incidents
Purposes
of child abuse
 Implementation of the Under Six Program Framework and the
Primary Health Care Program Framework
 Establishment of a comprehensive Community Support System,
the Community Support System, which consists of, among others,
the Pasay City Child Welfare Council, the Barangay Council for the
Protection of Children
 Institutionalisation of Foster Homes for children with the technical
assistance and supervision of the DSWD-National Capital Region
(NCR)
Res. No. 1586, S-2000
A Resolution Authorizing the Honourable City  The Australian Government, through AusAID, expands its ongoing
Mayor Wenceslao B. Trinidad, to Enter Into and
AusAID-assisted Street Children Nutrition and Education Project
Sign in Behalf of the City Government of Pasay,
to be implemented in 25 Local Government Units, one of which is
a Memorandum of Agreement with the DepartPasay City. Pasay City is one of the designated LGUs of the Project
ment of Interior and Local Government (DILG)
because it has been identified as one of those with a considerable
Represented by its Secretary, Hon. Alfredo Lim,
number of street and urban working children
on the Establishment and Maintenance of the  That the City Mayor is authorized to enter into and sign in behalf
Street and Urban Working Children Project’s
of the City Government a Memorandum of Agreement with the
(SUWCP) Social Development Center (SDC)
Department of Interior and Local Government, for the establishment and maintenance of the Street and Urban Working Children
Project’s Social Development Center
Chapter 5 • City and Barangay Ordinances and Resolutions
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Resolution/
Ordinance No.
Title
Relevant Provisions/ Resolution / Action Step
Ord. No. 1422, S-99
An Ordinance Appropriating the Amount of Two  Recognition that the benefits and privileges of the barangay officials
Hundred Thousand Pesos (Php 200,000.00) from
are inadequate considering the risks they face in the performance
the SPF of the Proponent to be Put Up as Trust
of their official duties as persons in authority
Fund for the Monetary Benefits of All Incumbent  The initial appropriation of Php 200,000 to be taken from the SpeBarangay Officials Including Barangay Tanods in
cial Purpose Fund of the proponent from the City Council to be
Pasay City, in the Event of Their Death or for
put up as a Trust Fund for the monetary benefits of all incumbent
Their Medical Care Expenses
Barangay officials in the event of their death or for their medical
care expenses
 The monetary benefits (e.g. medical care, death) are available to
certain barangay officials, including the Sangguniang Kabataan (SK)
Chairperson
Res. No. 1274, S-1999
A Resolution Requiring All Barangay Captains
of Pasay City to Create Their Local Barangay
Anti-Drug Abuse Council (BADAC) in Their
Respective Jurisdictions
 Upon its recognition that the increasing use of illegal drugs has
contributed to the alarming incidence of heinous crimes, the City
Council has agreed that the illegal drug problem needs to be addressed more effectively.
 To address this problem, a Barangay Anti-Drug Abuse Council is
created to serve as a focal point through which various organizations and individuals work together cooperatively in the planning,
implementation and evaluation of programs on drug prevention
effectively and efficiently
Res. No. 1302, S-1999
A Resolution Urging All SK Chairmen and Kagawads of the City of Pasay to Allocate Certain
Amount from the General Fund of the Sangguniang Kabataan for the Holding of Anti-Drug
Seminars and for the Dissemination Campaign of
the Same in Their Respective Barangays
 Recognition that the holding of anti-drug seminars will help the
citizens understand the ill effects of drugs and thereby lessen or
discourage the users or would be users from continuously using
the dangerous drugs
 A resolution to urge all SK Chairpersons and Kagawads of the City
to allocate certain amounts from the General Fund of the SK for the
holding of Anti-Drug Seminars and for the dissemination campaign
of the same in their respective barangays
Res. No. 456, S-1992
A Resolution Requesting the Department of Social  A recognition that minors, especially street children, become inWelfare and Development, Non-Government
nocent preys of inhuman acts by paedophiles and coming victims of
Organizations as Well as the Chairman of the
various criminal acts perpetrated by adults, and notoriously engage
Committee on Youth and Sports Development,
in drug abuse
to Coordinate for the Study of the Feasibility  The City Council’s request to the DSWD, Non-Government Orof Establishing a Shelter for Street Children in
ganizations, and the Chairperson of the Committee on Youth and
Pasay City
Sports Developments, to coordinate for the feasibility study on the
establishment of a shelter for street children in Pasay City
TOTAL (as of January 2003)
Penal: 12 (Resolution No. 1348, S-1999 only reiterates the provisions under Ordinance No. 265, S-1994)
Non-Penal: 6 (which includes Ordinance No. 2001, S-2001, also classified as a Penal Legislative Measure)
90
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RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
5. Quezon City
Table 5.9. Penal ordinances affecting children, Quezon City
Resolution/
Ordinance No.
SP-572;
S-97
Title
Prohibitions Or Restriction On Children
Penalties
Quezon City Child and Youth Welfare
Ordinance
 The following acts and activities of street children  Same penalties provided under
are prohibited:
the Revised Penal Code and the
(1) Loitering within the Quezon City (QC)
Dangerous Drugs Act
streets if child is below 12 years old
 Penal provisions are also included
(2) Selling sampaguitas, cigarettes, newspapers,
for parents or guardians found to
and other products or commercial items in
be grossly negligent in the perforthe QC streets
mance of the duty imposed on
(3) Begging, sniffing rugby and other solvent prodthem by the ordinance
ucts, pickpocketing, and doing other illegal
 The penalty of imprisonment is
activities. [Sec. 7, in relation to Sec. 4(g)]
also provided for any person found
 The Ordinance also provides for a procedure in
guilty of coercing, forcing or intimimonitoring/reporting, apprehension, investigation,
dating a street child or any other
custody, and commitment of the children who are
child to:
found to commit the above acts. [Sec. 8, Art. III]
(1) beg or use begging as a means
of living;
(2) act as middleman in drug-trafficking or drug pushing; or
(3) conduct any illegal activities
 Minors are prohibited to:
 No penalties for minors. Penal(1) Play video machines found in amusement centies are imposed on the operator,
owners, seller or distributor of the
tres, malls and other similar establishments in
video games
QC during school hours from 8am to 5pm,
Mondays to Fridays
(2) Play video game machines and other similar
equipment at the above-mentioned establishments during weekends if outside the time
period of 8am to 8pm, and weekdays if beyond
the time period of 5pm to 8pm
(3) Play video games that are not rated as nonviolent games under the category of sports,
adventure, racing, flight simulator and the
like during the hours/days allowed in the
Ordinance, if the minor is below fourteen
(14) years old
(4) Play violent and ultra-violent video games during the hours/days allowed in the Ordinance,
if the minor is fifteen (15) to eighteen (18)
years of age
 Selling of cigarettes and liquor to minors is
prohibited but the prohibition is imposed on the
manufacturer, wholesaler or retailer. No prohibited acts imposed on the minor with respect to
the purchase of cigarettes and liquor.
SP 1722, S-2002
 Penalties are imposed only the
manufacturer, wholesaler or retailer found to be selling cigarettes
or liquor to minors.
A Resolution Strictly Enforcing the  Playing of video games, machines and other similar (Same penalty as that provided under
Ordinance No. SP-572, S-97)
Provisions of Ordinance No. SP-572,
items/machines found in amusement centres,
S-97, Regulating the Playing of Video
malls and other similar establishments (ReiteraGames, Machines and Other Similar
tion of Ordinance No. SP-572, S-97 provision on
Items/Machines Found in Amusement
playing of video games)
Centres, Malls and Other Similar
Establishments
Chapter 5 • City and Barangay Ordinances and Resolutions
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Table 5.10. Non-penal ordinances affecting children, Quezon City
Resolution/
Ordinance No.
92
Title
Relevant Provisions/ Resolution / Action Step
SP-1026, S-2001
An Ordinance Creating the Quezon City Council  Recognition of the need to create a local council for the protection of
for the Protection of Children, Defining Its Funcchildren at the city level in accordance with the provisions of PD603 and
tions and Membership,Technical Working Group,
DILG Memorandum Circulars 94-14 and 96-139
and for Other Purposes
 Creation of the Quezon City Council for the Protection of Children (QCCPC) composed of:
(1) City Mayor
(2) City Vice Mayor
(3) City Administrator
(4) City SSDD Head
(5) City Health Officer
(6) Division of City Schools Head
(7) Barangay Operations Center Officer
(8) SK Federation President
(9) ABC President
(10) City Council Chairperson on Appropriations
 The QCCPC shall perform the following functions, among others:
(1) Formulate city plans and action for children incorporating projects and
programs needing assistance by the barangay and ensure its integration
into the city development plans
(2) Advocate for passage of relevant child and youth protection ordinances
by drafting and submitting policy papers to city legislators
(3) Advocate for increase support and resource allocation for children’s
programs and projects.
SP-572;
Quezon City Child and Youth Welfare Ordinance
S-97
Save the Children – UK
 Creation of the QC Center for Child and Youth Development, its policy
making body, the appropriation of funds for its establishment, and the
conduct of programs, among which are:
(1) periodic community dialogues;
(2) Parent Education Congress;
(3) scholarships
 Establishment of the Early Childhood Care and Development (ECCD)
Program for the care of children ages 0-2
 Implementation of the Primary Health Care Program through the Barangay
Health Center
 Setting up of child-friendly units in QC hospitals
 Investment by the city government in the production of local literature or
other relevant materials for children
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Resolution/
Ordinance No.
Title
Relevant Provisions/ Resolution / Action Step
SP-524,
S-95
A Resolution Adopting and Supporting the Provi-  Adoption of the provisions of:
sions of the United Declaration on the Rights of
(1) the UN Declaration on the Rights of the Child, and
the Child, the World Declaration on the Survival,
(2) the World Declaration on the Survival, Protection and Development of
Protection and Development of Children, and
Children and the Rights of Girl-Child embodied at the Beijing Platform
the Rights of Girl-Child Embodied at the Beijing
of Action for Women.
Platform of Action for Women and Urging the  The City Council of QC shall urge the Legislative and Executive Branches of
Legislative and Executive Branches of Governthe Government to enact laws and implement plans and programs related
ment to Enact Laws and Implement Plans and
to the above issues
Programs Related to the Above Issues
 The City Council of QC shall urge the Senate and the House of Representatives:
(1) to prioritise the passage of the bill on the Juvenile Justice System and
(2) to enact stronger laws to prevent child prostitution and exploitation
of children.
 The City Council of QC shall urge the Executive Branch of Government
to implement plans and programs in support of the UN Convention on the
Rights of the Child, and the World Declaration on the Survival, Protection
and Development of Children and the Rights of Girl-Child embodied at
the Beijing Platform of Action for Women
SP-294,
S-94
a Resolution Approving the Quezon City Child and  Recognition that the SK Federation is the prime youth organization in QC
Youth Decade Sports Development Program
that will spearhead the Child and Youth Decade Sports Program
and Allocating the Amount of Two Million Five  Recognition that sports and related activities have been a prime considHundred Thousand Pesos Under the Special
eration in any government’s developmental program, which aims to solicit
Project of the Office of the City Mayor, for the
active, real support, and participation of all, including children
Implementation Thereof
 Acknowledging the value of the QC Child and Youth Decade Sports Development Program as it could:
(1) provide the youth in every barangay with the technical knowledge
necessary to administer the Sports and Physical Fitness Program;
(2) serve as a means to propagate indigenous sports which complement
the Filipino physique;
(3) serve as a vehicle to produce and further develop young athletes for
future local and international competitions;
(4) conduct seminars and workshops that will train selected youths as
future officers in the implementation of sports and physical projects and
activities, as well as orient youth organizations’ officers and members
with the basic technique in organizing and managing a sports group.
 Approval of the QC Child and Youth Decade Sports Development Program
 Appropriation of Php 2.5 million under the Special Project of the Office
of the City Mayor, for the Implementation of the Program
 Coordination of the City’s Sports Development Office and Sports Development Council with the SK Federation for the smooth implementation
of the Program
 Direct all departments/offices/service units of the city government whose
services are necessary for the implementation of the Program to extend
assistance and cooperation, with the SK Federation as the lead implementing agency
Chapter 5 • City and Barangay Ordinances and Resolutions
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Resolution/
Ordinance No.
Title
Relevant Provisions/ Resolution / Action Step
 Direct all departments/agencies of the city government to extend assistance
for the implementation of the QC Child and Youth Decade Educational
Development Program with the recognition of the benefits that could
result from its implementation, namely:
(1) harnessing civic-consciousness and awareness of the social condition
among students,
(2) providing basic knowledge among the youth, to be conscious of or
recognize their vital role in the community, and in the country’s development
(3) providing leadership training for the youth
 Appropriation of Php 1 million, or so much as may be necessary for the
implementation of the Educational Development Program
SP-215,
S-94
An Ordinance Appropriating the Amount of One
Million Pesos, or So Much Thereof as May be
Necessary for the Implementation of Quezon
City “Child and Youth Decade Educational Development Program”
SP-5,
S-92
Ordinance Establishing the “Quezon City Hall  Establishment within the City Hall Compound of a Day Care Center, the
Yakap,” a Day Care Center for Children Ages 3
“Quezon City Hall Yakap” for children ages three (3) to six (6) of City
to 6 of Parents Employed in Quezon City Hall
Government employees with the recognition of the need to free the parand Appropriating the Amount of Fifty Thousand
ents-employees in the QC government from worrying about their small
Pesos Therefor from Any Available Funds
children and thus, to improve their level efficiency
 Giving the administration of the Day Care Centre to the QC SSDD
 Directing the City Public Library to lend support to the day care centre
in terms of instructional materials
 Appropriation of Php 50,000 for the Day Care Centre
NC-146,
S-90
Ordinance Establishing the Quezon City Drug  Establishment of the “Quezon City Drug Treatment and Rehabilitation
Treatment and Rehabilitation Center and ApCenter” as a vital component of the QC Anti-Drug Abuse Program in view
propriating the Amount of Nineteen Million
of the extent of the drug problem in QC and the difficulty encountered
Seven Hundred Sixty Two Thousand Pesos for
by the QC Anti-Drug Abuse Council to accommodate drug users who
the Purpose
surrendered for rehabilitation. The establishment of the Center is an affirmation of the moral and legal duty of the city government to promote
youth development and the treatment and rehabilitation
 The provision of the administrative structure and project cost for the
Center. Appropriation of Php 19.762 million for the Capital Outlay and
Operational Expenses to be incurred in the construction and establishment
of the Center
NC-296,
S-89
Resolution Declaring 1990 to 2000 as “Child and  Declaration of 1990-2000 as “Child and Youth Decade in Quezon City”
Youth Decade in Quezon City” and Requesting
in compliance with Presidential Proclamation No. 406 which directs all
the City Mayor to Issue an Executive Order for
sectors to come up with a 10-year Sports Development Program for the
the Implementation Thereof
“Decade of Physical Fitness and Sports” (1990-2000)
 Acknowledgment that the city’s cooperation and support for such development program is needed for the program to be a vehicle for economic
recovery where total youth development is promoted and implemented
 Directing the Kabataang Barangay Federation:
(1) to spearhead the observance of the Child and Youth Program
(2) to consult with the public or private sectors, particularly the youthoriented NGOs, in cooperation with the Youth and Sports Development
and other committees of the City Council, for the formulation of a
city-wide comprehensive and integrated Child and Youth Program for
the period covered by the declaration
TOTAL (as of January 2003)
Penal:
2 (Ordinance No. SP 1722, S-2002 only reiterates the provisions under Ordinance No. SP-572; S-97)
Non-penal : 8 (Includes Ordinance No. SP-572; S-97, also classified as a Penal Legislative Measure)
94
Save the Children – UK
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
BARANGAY ORDINANCES
1. Caloocan: Barangay 46, Zone 4, District II
Table 5.11. Penal ordinances affecting children, Barangay 46, Zone 4, District II, Caloocan City
Resolution/
Ordinance No.
Ord. No. 02
Title
Acts Required/Prohibited
Penalties
Curfew Hours for Minors,  Minors, 18 years old and below, are strictly  First offence - the parent/guardian be informed
18 Years Old and below
of the violation.
prohibited to, loiter or wander in streets or
(English translation)
outside their residential abode and public places  Second offence – the minor shall be brought
from 11 p.m. to 5 a.m. the following morning.
to the barangay hall together with their parent
or guardian.The minor shall render community
 Exempted from the curfew hours are students
service for one day.
attending night classes, those working nighttime
and minors in the company of parents or guard-  Third offence – the minor shall be brought to
ians.
the barangay hall together with his/her parents
(English translation)
or guardian, render one day community service
and pay a fine of Php 200.
(English translation)
Table 5.12. Non-penal ordinances affecting children, Barangay 46, Zone 4, District II, Caloocan City
Resolution/
Ordinance No.
Res. No. 01 S-1997
Title
Relevant Provisions/ Resolution / Action Step
In a Matter of Urgency and Considering the Prolif-  The Sangguniang Kabataan Council of Barangay 46, Zone 4, District
eration of Crime Wherein the Youth and Children
II, City of Caloocan, resolves to approve the Resolution providing
Are Mostly the Victims and Aggrieved Party. the
curfew hour subject to the following conditions and exceptions:
Sangguniang Kabataan of Barangay 46, Zone 4, Dis(a) for consultation to the residence of Barangay 46.
trict II, City of Caloocan, Has Adopted a Resolution
(b) for approval of Sangguniang Barangay of Barangay 46.
Providing Curfew Hour for 18 Years and below.
(c) Youth who are working at night and or have classes at the time
of the effectivity of this ordinance are exempted.
(d) Penalties
1. First offence
2. Second offence
3. Third offence
 Said resolution was adopted in recognition of every minor’s need:
(e) to have protection against exploitation, improper influences,
hazards, and other conditions prejudicial to his physical, mental,
emotional, social and moral development;
(f) to be safeguarded as they are often times the target of evil and
are prone to commit mistakes and risky decision;
(g) to be properly guided by their parents especially at times when
they are not in school; and
(h) to fulfil their goals and dreams, in order to give them a chance
to contribute and share in the building of better society, and
this can be done by keeping them away from evil and crime.
Chapter 5 • City and Barangay Ordinances and Resolutions
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
2. Caloocan: Barangay 102, Zone 2, District II
Table 5.13. Non-penal ordinances affecting children, Barangay 102, Zone 2,, District II, Caloocan City
Resolution/
Ordinance No.
Res. No. 6 S-1998
Title
Relevant Provisions Affecting Children/resolution/action Step
A Resolution Organizing the Barangay Council
for the Protection of Children (BCPC) by the
Barangay Council pursuant to PD 603 and DILG
Memoranda Circular 90-01 and 94-14
• Creation of BCPC. It shall be subsumed under the appropriate
existing committee at the Barangay Development an to ensure the
implementation of the rights of a every child to live a society that
offers or guarantees him safety, health, good morale development
and facilities Pl for his wholesome development
3. Manila: Barangay Zone 74, District V, Paco
Table 5.14. Penal ordinances affecting children, Barangay Zone 74, District V, Paco, Manila
Resolution/
Ordinance No.
Res. No. 1 S-2002
Title
Acts Required/prohibited
Resolution/action Step
Resolution for the Implementation  Observance of curfew hours from 10  Violators of this Ordinance shall be meted with
in Zone 74, District V, Paco Manila
p.m. to 5 a.m. for minors who are 17
the following penalties:
of Curfew Hours from 10:00 P.M. to
years old and below
(a) First offence – their names will be recorded
5:00 a.M. for Minors 17 Years Old  Implementation in Zone 74, District
in the barangay record or at the police
and below.
precinct in the vicinity;
V, Paco, Manila of Curfew Hours from
(b) Second offence – they will be required to
10 p.m. to 5 a.m. for minors 17 years
render community service in their respecold and below
tive barangays;
(c) Third offence -- they will be brought to the
Juvenile Court in Arroceros Street, Manila
for the final judgment of the Court.
4. Manila: Zone 55, District IV
Table 5.15. Non-penal ordinances affecting children, Zone 55, District IV, Manila
Resolution/
Ordinance No.
Res. No. 01-2002
96
Title
Relevant Provisions Affecting Children/resolution/action Step
Resolution Directing All Concerned  In order to combat criminality and solve “frat gang wars,” that especially involve
Barangay Officials of Zone 55 Disteenager boys and girls, ten (10) to eighteen (18) years of age, curfew must be impose
trict IV, Manila to Take Necessary
from 10 pm to 4 am
Actions to Combat Criminality  As mandated by the City Council Resolution No. 103, all barangay officials are directed
Including the Imposing of Curfew
to take necessary actions to combat criminality including the imposition of curfew in
in Their Respective Areas
their respective areas
 Punong Barangay are also mandated to maintain public order in their respective
barangays, assist the City Mayor and Sanggunian members in the performance of the
duties and functions to organize, and lead an emergency group whenever the same
maybe necessary for the maintenance of peace and order.
 All the 14 chairpersons shall have to reorganise the Zone Task Force, an arm to
maintain peace and order, drug problems and other forms of vices.
 The code also empowered the Sangguniang Barangay to enact ordinance as maybe
necessary to discharge the responsibilities conferred upon it by law and to promote
the general welfare of the inhabitants.
 Barangay officials of Zone 55 shall have to reorganise the Zone Task Force Officials
and members to implement their sincere desire of their functions and obligations.
Save the Children – UK
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
5. Manila: Barangay 67, Zone 6 District 1
Table 5.16. Penal ordinances affecting children, Barangay 67, Zone 6 District 1, Manila
Resolution/
Ordinance No.
Res. No. 01810-97
Title
Act Required / Prohibited
Penalties
Resolution Requesting the Com-  Prohibition of kite-flying in areas covered by
mission of City of Manila Through
Barangay 67, Zone 6 in order to protect the life
Metro Manila Barangay Operation
and property of the residents and to adequately
Center and Manila Council to Ban
respond to the complaints brought to the baranKite Flying within the Jurisdiction of
gay, in order to prevent damage to the roof that
Barangay 67, Zone 6.
causes disagreements among residents.
(English Translation)
(English Translation)
 Any person who violates this resolution will be punished.
(a) First offence – offender shall be
brought to the Barangay Hall
(b) Second offence – parents/
guardian of the offender shall
be informed
(c) Third offence – offender shall
pay a fine of Php 200
(English Translation)
6. Quezon City: Barangay Pinyahan
Table 5.17. Penal ordinances affecting children, Barangay Pinyahan, Quezon City
Resolution/
Ordinance No.
Ord. No. 4, S2002
Title
Acts Required / Prohibited
Penalties
An Ordinance providing for the im-  Observation of curfew hours imposed on minors  First offence – the apprehending
position of curfew hours to minors
from 10 p.m. until 4 a.m. the following day.
authority shall take custody of the
providing penalties for violation  Except for adults, it shall be unlawful for any
offending minor at the barangay
thereof and for other purposes
hall, blotter the incident for record
person to make display in public and cause dispurposes by the barangay tanod/
turbance on the peace of the other person the
BSDO which shall in turn inform
following acts:
the parents or guardian of the
(a) Drinking and dancing in public display without
minor, that said minor was appreany reason to celebrate such as birthday party
hended for violation of Barangay
wedding celebration and the likes;
Ordinance on curfew, said minor
(b) Prolonged stay outside his or her residential
shall be turned over to his/her
abode;
parents with stern warning not to
(c) Leisurely walk on the streets of the barangay
repeat same violation.
without valid reason or purpose.
 Second offence – the minor shall
 Exempted from this curfew hours are:
be brought to the barangay hall
(1) students attending night classes with proper
for questioning and blotter. the
ID but not beyond 12:00 midnight;
minor shall be penalised with one
(2) minors in the company of parents or guardday public service, without any
ians and where minors upon verification came
compensation by the barangay.
from parties, graduation ceremonies, extra
curricular activities in school where their  Third offence – the minor shall
attendance is indispensable; and
be temporarily detained at the
(3) minors who cannot go home due to circumbarangay not more than six hours
stances beyond their control; and
and shall be turned over to the
(4) those working night time.
nearest police precinct for proper
disciplinary action in accordance
with existing laws, rules and regulation or ordinances of the city, like
vagrancy, etc.
Chapter 5 • City and Barangay Ordinances and Resolutions
97
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
7. Quezon City: Barangay Masambong
Table 5.18. Penal ordinances affecting children, Barangay Masambong, Quezon City
Resolution/
Ordinance No.
Ord. No. 6
S/1999
Title
Acts Required / Prohibited
Penalties
An Ordinance Banning the Use of  The use of any kind of pellet guns / toy guns  First offence – confiscation of
Pellet Guns/Toy Guns and/or Watusi
particularly by children will be completely proPellet Gun/Toy Gun and/or Watusi
Pyrotechnics within Barangay Mahibited within the barangay including the use of
Pyrotechnics.
sambong, San Francisco Del Monte,
Watusi Pyrotechnics by children, the same being  Second offence – call the attention
Quezon City, and the Imposition
poisonous when taken internally by unsuspecting
of the parent/guardian concerned
of the Corresponding Penalties for
children.
and issue corresponding admoniViolation Thereof.
 Sale and/or dispensing of the above items for
tion regarding further commission
commercial purposes by persons other than the
of the offence.
children using the same will make the person  Third offence – imposition of
selling them liable and his/her business permit
whatever legal action, which may
cancelled and any item mentioned in the precedbe commensurate to the involved
ing section will be confiscated.
offence particularly when there is
an aggrieved party.This penalty shall
also be imposed on the person
selling the items.
Table 5.19. Non-penal ordinances affecting children, Barangay Masambong, Quezon City
Resolution/
Ordinance No.
Res. No. 07-99
98
Title
Relevant Provisions Affecting Children / Resolution / Action Step
A Resolution Strongly Urging Parents  Strongly urging parents of minors residing in this barangay, to control and/or regulate
of Children and/or Minors below
the movements of their children below 18 years of age, after 12 midnight and before 4
Eighteen Years of Age to Control
a.m. the following morning.
and/or Regulate the Movements  On special and/or emergency situations, minors may be allowed by their parents to go
of Their Children After 12:00
out of their residences after 12 midnight and before 4 a.m., provided that the parents
O’clock Midnight and Before 4:00
concerned may give them written consent, specifying the reason why they are still out
O’clock the Following Morning (as
at such a time.
Amended by Resolution No. 5/A
 The Barangay Anti-Drug Abuse Council (BADAC) will hold a series of public hearings,
S-2002), Every Night, Unless on
inviting all the parents concerned, and conduct an open-forum, thereby, enabling the
Special and/or Emergency Cases
Anti-Drug Abuse Council to impart to the parents, why they are firm in their conviction
Where the Parents Are Strongly
that full implementation of the “Vagrancy Law” will at least be a sort of deterrent to the
Urged to Issue a Written Consent
unnecessary and oftentimes source of trouble, roaming of minors.
to the Minor Concerned, or Else
the Full Force of the “Vagrancy
Law” will be Imposed.
Save the Children – UK
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
6 Profile Of Children In Conflict With The Law
This chapter presents the results of the documentation
of cases involving children in conflict with the law.
The project covers cases filed between the years 2001
and 2002 in all family courts in respondent cities. The
personal background of the child and the legal status
of the case are presented in this chapter. When available, data collected from the cases were compared with
the results of previous surveys and studies conducted.
Profiles of the 35 children interviewed for the case
study were also incorporated in this chapter.
Court records of 706 children were examined. In some
instances, two or more children were charged in one
court case since a criminal case may have more than
one accused. Data is presented according to the number
of children involved in all the court cases and not the
actual cases filed.
Eighty per cent of the children covered by the cases
were charged in Quezon City (40.1%) and Manila
(39.9%; see Table 6.1.). For Caloocan (11%), CICL
constitute only one-fourth of the children proceeded
against in Quezon City and Manila. The remaining
children were charged in Parañaque (6.2%) and Pasay
(2.7%).
Table 6.1. Distribution of cases filed in all family courts in respondent
cities by city, 2001-2002
City
No.
per cent
Quezon City
283
40.1
Manila
282
39.9
Caloocan
78
11.0
Parañaque
44
6.2
Pasay
19
2.7
706
100.0
Total
Under the Rules of Court of the Philippines, criminal
actions or cases are instituted and tried in the court
of the territory where the offence was committed
or any one of the essential ingredients thereof took
place.357 Based on the abovementioned data, it may be
concluded that the predominant number of children
committed the offences in Quezon City and Manila
since 80% of criminal cases against the children were
filed in the said cities.
In the UP Law Center project (1981), 44.6 per cent
of the 323 sampled cases involving CICL were filed
in Manila. The other half were distributed among the
following cities: Pasay, 18.6 per cent; Valenzuela, 11.1
per cent; Quezon City, 10.8 per cent; Caloocan, 7.1
per cent; Makati, 4.6 per cent and Pasig, 3.1 per cent.
Compared with this project, the proportion of cases
filed in Manila 20 years ago is consistent. However,
there has been a marked increase in the number of children proceeded against in Quezon City. The number
of CICL in both cities is almost equal.
Compared with cases filed against children 20 years
ago, at the time of this study, there appears to be an
overwhelming decrease in the number of cases in
Pasay. Whereas before it was next to Manila in terms
of number of cases filed against children, it now has
the least number of CICL among the cities covered
by this project.
The 706 cases were distributed among 19 family courts.
There are seven family courts each in Quezon City
and Manila; two each in Caloocan and Pasay; and
one in Parañaque. Branch 38 in Manila handled the
most (12.5%) number of CICL, followed by Branch
89 (10.6%) in Quezon City and Branch 29 (8.4%) in
Manila (see Table 6.2).
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Table 6.2. Distribution of cases filed in family courts in the cities
covered by branch, 2001-2002
Family court branch
Personal Profile
No.
per cent
4
15
2.1
5
30
4.2
9
16
2.3
29
59
8.4
38
88
12.5
43
39
5.5
48
36
5.1
84
39
5.5
Figure 6.1.
4.7
Percentage distribution of CICL by sex, 2001-2002
86
33
88
39
5.5
89
75
10.6
94
7
1.0
106
53
7.5
107
37
5.2
109
8
1.1
113
11
1.6
124
42
5.9
130
36
5.1
260
43
6.1
Total
706
100.0
The least number of CICL were covered by Branch
94 (1%) in Quezon City and Branches 109 (1.1%)
and 113 (1.6%) in Pasay City. Although there is only
one family court in Parañaque City, Branch 260, it
handled more CICL (6.1%) compared with both
branches of the family courts in Pasay City (Branches
109 and 113).
SEX
The children covered by the project were predominantly male (630 out of 706, or 89.2%; see Figure 6.1.).
Of the 35 children interviewed for the case studies, 28
were male and 7 were female.
89.2
90
80
70
60
%
50
40
10.8
30
20
10
0
Male
Female
The UP Law Center,358 PAYO359 and PNP360 data show
the same trend. In the UP Law Center project (1981),
which covered 323 cases, 86.46 per cent were male
and 13.54 per cent were female. In the PAYO (1996)
survey, which covered 232 children, 92 per cent were
male and 8% were female. The PNP (2001) data that
covered 5,905 cases showed that 83 per cent were male
and 17 per cent were female.
AGE AT THE TIME OF COMMISSION
A majority (38.4%) of the children were 17 years of
age at the time of the alleged commission of the offence
(see Table 6.3.). This age group was followed by children who were 16 (26.8%), 15 (18%) and 14 (8.9%)
years of age at the time of alleged commission. Only
two children aged nine and ten were covered by the
project. One file did not indicate the age of the child
at the time of commission of the offence.
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RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 6.3. Distribution of cases by age, 2001-2002
PLACE OF RESIDENCE
Age
No.
per cent
9
1
0.1
10
1
0.1
11
6
0.8
12
19
2.7
13
28
4.0
14
63
8.9
15
127
18.0
Figure 6.2.
16
189
26.8
Top 5 Cities of Last Residence
17
271
38.4
No Answer
Total
1
0.1
706
100.0
Court records show that 87.5 per cent of children
covered in the research resided in the respondent cities:
Manila (37.8 per cent); Quezon City (29.5 per cent);
Caloocan (12.7 per cent); Parañaque (4.2 per cent) and
Pasay (3.3 per cent; see Figure 6.2. and Table 6.4.).
40
37.8
29.5
30
Of the 35 children interviewed for the case studies, 11
were 17 years old at the time of the alleged commission;
five were 16 years old; nine were 15 years old; and the
rest were between the ages of 11 and 14 (three 14 years
of age; two 13 years of age; one 12 years of age; and
four 11 years of age).
These records indicate that older children commit more
offences compared with younger ones and the older
the child, the higher the likelihood that he or she will
commit an offence.
The PAYO survey reveals that 52.6 per cent of the
children detained were in the 15-17 age bracket and
6.9 per cent belonged to the 12-14-age bracket (0.4 per
cent were 21 and above; 0.9 per cent did not indicate
the age).361 The PNP (2001) data, revealed that 50 per
cent of the children were between the age of 9 and 15,
47 per cent between 16 and 17; and 3 per cent below
nine years of age.362
%
12.7
20
10
0
4.2 3.3 6.8 5.2
CITIES
Manila
Quezon City
Caloocan
Pasay
Others
Not Indicated
Parañaque
The residence of more than six percent (6.8 per cent)
of the children were spread throughout the following
areas: Bulacan (1.1 per cent), Muntinlupa (0.1 per
cent), Antipolo (0.7 per cent), Las Piñas (0.4 per cent),
Valenzuela (0.1 per cent), Dagupan (0.1 per cent),
Malabon (0.1 per cent), Rizal (0.4 per cent), Cavite
(0.4 per cent), Makati (0.1 per cent), Pasig (1.8 per
cent), Olongapo (0.3 per cent), Naga (0.1 per cent)
and Muntinlupa (0.3 per cent). Included in this list
are children without permanent addresses (0.8 per
cent). No addresses were indicated in 5.2 per cent of
the children’s records.
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Of the 35 children interviewed for the case studies,
25 resided in respondent cities: six each in Caloocan
and Manila; five in Parañaque; and four in Pasay.
The remaining ten resided in Marikina, Rizal, Bicol,
Bicutan, Malabon, Marinduque, Mandaluyong, Valenzuela and Taguig.
Table 6.4. Distribution of cases by place of residence
Place of Residence
No.
per cent
Manila
267
37.8
Quezon City
208
29.5
Caloocan
90
12.7
Parañaque
30
4.2
Pasay
23
3.3
Pasig
13
1.8
Bulacan
8
1.1
Antipolo
5
0.7
Las Piñas
3
0.4
Rizal
3
0.4
Cavite
3
0.4
Olongapo
2
0.3
Dagupan
1
0.1
Makati
1
0.1
Malabon
1
0.1
Muntinlupa
1
0.1
Naga
1
0.1
Valenzuela
1
0.1
20 No Permanent Address
6
0.8
No Answer
37
5.2
706
100.0
Total
Relating this information to the place of commission of
the offence, above-mentioned data show that the cities
chosen as respondents in this project also serve as the
cities of residence of the children. When asked about
the high incidence of offences committed by children
in their respective areas, some officials explain that
the children arrested in their cities reside in another
area or city. The ranking with respect to the place of
residence follows the ranking of cities with respect to
the place of commission, except that for both the court
records and case studies, the number of children that
reside in Manila is slightly higher than those residing
in Quezon City.
Figure 6.3.
Educational Attainment
No Education at All
19
20
20.4
Grade 1
17.5
Grade 2
Grade 3
Grade 4
15
%
10.4
10
3.3
0.9 1.4
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Grade 6
9
6.6 7.1
5
0
Grade 5
4.3
1st Year High School
2nd Year High School
3rd Year High School
4th Year High School
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
EDUCATIONAL ATTAINMENT
Of the 706 children, court records only indicate the
educational attainment of 211 children. Of these
211 children, more than half (51.7 per cent) either
finished or were currently enrolled in high school.
The highest percentages, however, were found in first
year high school (20.5 per cent), Grade six (19.0 per
cent) and second year (17.5 per cent; see Figure 6.3
and Table 6.5).
Meanwhile, the rest either finished or were currently
enrolled in elementary (47.4%) while very few had no
education at all (0.9%).
Table 6.5. Distribution of cases who indicated their education by
educational attainment
Educational attainment
reached fourth year high school.366 In the PAYO (1996)
survey, which covered 232 children, 52 per cent had
reached the elementary level, 41 per cent high school
level, 0.4 per cent college level and 6 per cent did not
indicate their educational attainment.367
The present project shows that there is a slight increase
in the number of children that reached the secondary
level compared with previous studies.
FAMILY BACKGROUND
Only 13 per cent (95 children) of the 706 cases have
court records indicating family background, specifically the status of the relationship of the parents (see
Table 6.6).
No.
per cent
No education
2
0.9
Grade 1
3
1.4
Grade 2
7
3.3
Status of parents’ relationship
No.
per cent
45
47.4
Table 6.6. Distribution of cases with records regarding family background by status of parents’ relationship
Grade 3
9
4.3
1 Married & Living Together
Grade 4
22
10.4
2 Married But Separated
28
29.5
Grade 5
19
9.0
3 Married But Both Deceased
3
0.4
Grade 6
40
19.0
4 Married – Mother Deceased
2
0.3
First year high school
43
20.5
5 Married – Father Deceased
9
1.3
17.5
6 Not Married But Living Together
3
0.4
7 Not Married & Not Living Together
5
0.7
95
100.0
Second year high school
37
Third year high school
14
6.6
Fourth year high school
15
7.1
211
100.0
Total
Of the 35 children interviewed for the case studies, 19
reached high school level363 and 14 reached elementary
level.364 One child said that he did not go to school
while another one did not provide an answer.365
Total
Almost half of these children (47.4 per cent) have
parents who are married and still living together, while
almost one-third (29.5 per cent) have parents who
were married but were already separated (see Figure
6.4 and Table 6.6).
The UP Law Center project, showed that only 30 per
cent of the respondents reached the intermediate level;
27 per cent had at least two years or less of high school;
24 per cent were of primary school level and 7 per cent
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50
Figure 6.4.
Figure 6.5.
Family Background
Parental Custody
Married and living together
47.2
Married but separated
45
40
35
Married but both deceased
29.5
30
Married – mother deceased
% 25
Married – father deceased
20
15
10
5
9.5
3.2
2.1
5.3
3.25.3
0
Not married but living together
Not married and not living together
Of the 35 children interviewed for the case studies, 18
had parents who are still living together and 16 with
parents who are no longer living together. Meanwhile,
one interviewee did not give an answer.
The PAYO revealed the same finding that majority
of CICL had parents who are married and still living
together. In the PAYO survey, 40.5 per cent of the
children had parents who were married and still living
together and 31.9 per cent had married parents but
separated.368
PARENTAL CUSTODY
Court records of 103 out of 706 children indicated the
person with whom the child was staying or living with
before their arrest. Of the 103 children, the most number of children (43.6 per cent) were living with both
parents, while a significant proportion (19.41 per cent)
lived with their mother only (see Figure 6.5). Only 14.6
per cent lived with other relatives (ie, grandparents,
aunt, uncle, brother, sister) prior to arrest.
104
45
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Living with both parents
43.6
40
Mother only
35
Father only
30
%
25
20
Mother and stepfather/common-law husband
19.41
14.56
15
10
5
0
6.7 6.7
4.85
3.88
Fatther and stepmother/common-law wife
With relatives
With non-relatives
The UP Law Center project shows that the majority of
the children covered (73.8 per cent) resided with their
parents and family.369 The finding that majority of the
children still lived with their parents who are married
and still living together is also confirmed by the earlier
study of PAYO. The PAYO survey, reveals that 22.4
per cent lived with both parents; 20.7 per cent lived
with the mother only; 17.7 per cent lived with other
relatives; 12.9 per cent lived with friends and 9.4 per
cent lived in the streets.370
With respect to the 35 children interviewed for the
case study, 12 were living with both of their parents;
two were living with their father only and three, with
their mother only. Almost half (16 out of 35) of the
children were no longer living with their parents. Two
of those interviewed did not provide an answer.
Of the 16 children no longer living with their parents,
seven were either living with their friends, gang mates
or work mates; six were living with relatives; one with
a common law wife and one with the adoptive mother.
One child did not give any answer.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
OCCUPATION OF PARENTS AND GUARDIANS
Only 65 (9 per cent) of the 706 children had records
indicating the occupation of their mothers and only 56
(8 per cent) indicating the occupation of their fathers.
The number of children (23 out of 65) had mothers
who are not employed and who stay at home most of
the time (see Table 6.7). Some work as vendors (14 out
of 65) and laundry women (11 out of 65). The rest of
the mothers were employed as helpers, midwives, sales
representatives, overseas Filipino workers, sewers/factory workers, food servers and receptionist. One is
engaged in business.
Table 6.8. Distribution of cases by father’s occupation
Occupation of father
13
Driver
10
Vendor
9
Engaged In Business
4
None/Unemployed
4
Labourer
3
Government employee (Traffic enforcer, Metro
Aid, soldier)
3
Farmer
2
Caller
2
Others
5
Mechanic/ Technician/Electrician
Table 6.7. Distribution of cases by mother’s occupation
Occupation of mother
Total
No.
Not employed
23
Vendor
14
Laundry woman
11
Housekeeper/Housemaid
5
Midwife
3
Sewer/Factory worker
2
Overseas Filipino worker
2
Sales representative
2
Has own business
1
Receptionist
1
Food server
Total
1
65
The most number among the children (13 out of 56)
had fathers who work as construction workers or are
engaged in construction-related work (see Table 6.8).
Many among them are also drivers (10 out of 56) and
vendors (9 out of 56).
No.
Construction-related work/
Construction worker (carpenter, contractor,
painter, foreman)
1
56
Based on available records, three of the children
indicated that their male guardians work as technician/
electrician (2) and security guard (1) while two of the
children’s female guardians just stayed at home.
Of the 35 children interviewed for the case studies,
17 said that their mothers were working. Of the 17,
ten were vendors; three were seamstresses and others
worked as a supervisor, photographer, laundry woman
and a garbage scavenger. With respect to the work of
the father, 28 said that their fathers were working:
eight work as a driver of a car, tricycle371 or pedicab;372
seven worked in construction, as foreman, construction worker, carpenter and painter; three worked as
vendors; three worked in offices, as columnist, barangay
personnel and marketing agent and the rest worked
as seaman, fireman, butcher, mechanic, stevedore and
conductor. One child said that he does not know the
occupation of his father.
Based on the type of work that majority of the
children’s parents engage in, which is mostly labour
and service-oriented, it may be concluded that the
economic background of their family fall under the
low income level.
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
WORK OF CHILDREN
Table 6.9. Distribution of working children by occupation
Based on court records, 121 out of 706 children
indicated that they were working before they were
arrested. Of those working, more than half of the children worked as vendors (57.9 per cent). Several were
working as helpers (13.2 per cent); pedicab/tricycle
drivers (12.4 per cent); bet collectors (5.9 per cent);
scavengers (4.1 per cent); tire man (2.5 per cent). The
rest (4 per cent) worked as construction workers; assistant to drivers; delivery boy; caretaker; and janitor
(see Figure 6.6 and Table 6.9).
Figure 6.6.
Work of a child
Pedicab/Tricycle Driver
57.9
60
Helper
50
Vendor
Scavenger
% 30
10
Delivery Boy
12.4 13.2
0.8
0.8
Bet Collector
4.1 5.9
0.8
0.8 0.8 2.5
0
Caretaker
Janitor
Tireman
Of the 35 children interviewed for the case studies, 19
(54.2 per cent) said that they were working before they
were arrested; 14 said that they were not working; one
said that he did occasional work; and one interviewee
did not indicate an answer. Of the 19 children who
worked, four worked as vendors; four worked as drivers, tricycle or pedicab; three assisted their parents;
two worked as waiter/waitress; and the rest worked as
a helper, driller, dishwasher, conductor, delivery boy
and a guard.
106
No.
per cent
Vendor
70
57.9
Helper
16
13.2
Pedicab/ Tricycle Driver
15
12.4
Bet Collector
7
5.9
Scavenger
5
4.1
“Tireman”
3
2.5
Others
5
4.0
121
100.0
Total
The fact that there are children in conflict with the law
already working, some in order to assist their parents,
confirms the earlier finding that the economic background of the children belong to the low income level.
This background may have contributed to the children’s
decision to enter the workforce.
Pahinante/Assistant to the Driver
40
20
Construction Worker
Occupation
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CIVIL STATUS
Although children are not legally allowed to enter into
a marriage contract in the Philippines, court records
show that ten children out of 706 were living with
someone else or married (see Table 6.10.). Records do
not indicate whether marriage was indeed solemnized
or the children were merely living together as common
law husband and wife.
Table 6.10. Distribution of cases by the child’s being married or living
with a partner
Marital status
No.
per cent
Yes
10
1.4
No
696
98.6
Total
706
100.0
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
The UP Law Center project also showed that 96.31
per cent of the children were single; 21.5 per cent were
married and 1.54 per cent had no record as to their
civil status.373
The present project confirms previous study conducted
that only a small percentage of the children in conflict
with the law are married or living with someone as a
common law wife or husband.
Table 6.12. Distribution of gang members by gang
Gang
No.
Sputnik
5
Batang City Jail
4
Bahala Na
3
West East Fraternity
1
Sigue-Sigue
1
Rugby Boys
1
Yao
1
No response
Total
GANG MEMBERSHIP
Of the 706 children, court records indicated that 17
were members of gangs (see Table 6.11). Membership
in gangs is not usually recorded in the children’s files
unless it is a factor in the commission of the offence,
ie, the offence was committed by gang members or an
identified group.
Table 6.11. Distribution of cases by membership in gangs
Gang membership
No.
Gang member
17
2.3
Not a gang member
452
64.0
No Answer
Total
per cent
238
33.7
706
100.0
Of the 17 children, 16 identified the following gangs as
the group to which they belong: Sputnik (5); Batang
City Jail (4); Bahala Na (3); West East Fraternity (1);
Sigue Sigue (1); Rugby Boys (1); and Yao (1); (see
Table 6.12).
1
17
Of the 35 children interviewed for the case study, nine
revealed that they are members of a gang and 23 said
that they do not belong to a gang. Three interviews
did not indicate an answer.
SUMMARY OF THE PERSONAL PROFILE
Children in conflict with the law are usually male,
aged 17 years at the time of commission. They reside
in the city, most probably in Manila or Quezon City.
The children either finished or are currently enrolled
in Grade 6, 1st year or 2nd year high school.
The children are living with their parents who are still
alive and living together as husband and wife. The
parents work in the labour sector, mostly within the
service industry and with low wages. There are children
who are working before their arrest and majority work
as vendors. Only a small number of children are living
with a partner and are members of a gang.
Legal Profile
CASE STUDY
Of the 706 children, only 11.6 per cent had case studies
at the time the research was conducted. In 84 per cent
of the children, no case studies were attached in the
records and in 4.4 per cent, there was no indication as
Chapter 6 • Profile of Children in Conflict with the Law
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
to whether there was a case study or not (see Figure 6.7
and Table 6.13). The lack of case studies of children
may be explained by the fact that some of the cases had
just been filed at the time the research was conducted.
Also, there were few judges who refused to have the
case study of the child examined.
robbery, 44.9 per cent; theft, 47.4 per cent; qualified
theft, 2.1 per cent; malicious mischief, 2.1 per cent; and
estafa, 1.7 per cent (see Figure 6.8 and Table 6.14).
Figure 6.8.
Crimes charges against children
Figure 6.7.
40
Children with case studies in their records
30
%
Property
Special Laws
Security
Public Officer
80
60
11.6
15.2 13.6
12.8 12.8
4.4
1.2 1.1
0.8
0.1 0.1
0.1
0
100
40
20
10
84
%
37.9
4.4
20
Persons
Drug-related Offences
Public Order
Public Moral
Ordinance
Sex-related Offences
Quasi-Offences
Public Interest
0
Yes
No
Not Indicated
However, the overwhelming lack of case studies contribute to the incomplete data collected on children,
which makes it difficult to make a comprehensive
profile of children especially if it is to be based solely
on court records.
Table 6.13. Distribution of cases by whether or not they have case studies in their records
Category
No.
per cent
With case study
82
11.6
Without case study
593
84.0
Not Indicated
31
4.4
706
100.0
Total
CRIMES CHARGED
Although there were only 706 children, the total number of criminal cases tabulated reached 758. Some of
the children had two or more criminal charges filed
against them.
Court records showed that an overwhelming number
(37.9 per cent) of the criminal charges against the
children involved crimes against property, specifically:
108
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It is followed by crimes against persons (15.2 per cent);
violation of ordinances (13.6 per cent); special laws
(12.8 per cent); and drug-related offences (12.8 per
cent). The rest involved sex-related offences (4.4 per
cent); crimes against security (1.2 per cent); crimes
against public order (1.1 per cent); quasi-offences (0.8
per cent); crimes committed against public officers (0.1
per cent); crimes against public morals (0.1 per cent);
and crimes against public interest (0.1 per cent).
With respect to crimes against persons, homicide (40.9
per cent), physical injuries (31.3 per cent), and murder
(26.1 per cent) were the most common charge against
the children. For violation of ordinances, 61.2 per cent
of the charges involved peddling. Most common special
laws violated include unlawful possession of explosives
and firearms (35.1 per cent); gambling (27.8 per cent)
and possession of deadly weapon (17.5 per cent).
Drug-related offences include use of rugby, which is a
violation of a presidential decree, and possession and/or
use of drugs, which is a violation of a Republic Act
amended in 2002.374 In sex-related offences, children
were often charged with the crime of rape (63.6 per
cent) and acts of lasciviousness (24.2 per cent).
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 6.14. Distribution of cases by type of crime
Type of Crime
No.
%
Against Property
Type of Crime
No.
%
Drug-Related Offences
17
17.5
- Theft/Snatching/Shoplifting
136
47.4
- Rugby [PD 1619]
38
39.2
- Robbery
129
44.9
42
43.3
- Qualified Theft
6
2.1
- Possessions of Drugs/Drug Use [RA
9165]
- Malicious Mischief/Vandalism
6
2.1
97 (12.8%)
100.0
- Estafa
5
1.7
Subtotal
287 (37.9%)
100.0
Against Persons
Subtotal
Sex-Related Offence
- Rape
21
- Acts of Lasciviousness [Article 366]
8
- Child Abuse [RA 7610]
2
- Homicide [Attempted/Frustrated]
47
40.9
- Physical Injuries [Serious/Less
Serious/Slight]
36
31.3
Subtotal
- Murder [Attempted/Frustrated]
30
26.1
Against Security
- Maltreatment
1
0.9
- Grave Threats
4
- Tumultuous Affray
1
0.9
- Trespassing
3
115 (15.2%)
100.0
- Unjust Vexation
Ordinance
16
15.5
Subtotal
- Peddling
63
61.2
Against Public Order
8
7.8
- Alarms & Scandals/Disturbance Of
Peace/Public Disorders
6
8
7.8
- Direct Assault
1
3
2.9
- Resistance & Disobedience to an Agent
of a Person in Authority
1
- Drinking Along Sidewalk
2
1.9
- Anti-Tattoo
1
1.0
- Loitering
1
1.0
- Unlawful Operation of Pedicab [Violation of Section 7735]
1
1.0
103 (13.6%)
100.0
Subtotal
- Breach of Peace [Violation of Section
844, RO]
- Resisting Arrest [Violation of Section
887, RO]
- No Permit [Section 1119 Revised
Ordinance]
Subtotal
- Consented Abduction
2
9 (1.2%)
Subtotal
8 (1.1%)
Quasi-Offences
- Reckless Imprudence
Subtotal
6
6 (0.8)
Committed By Public Officers
- Extortion (Bribery)
Subtotal
Special Laws
2
33 (4.4%)
1
1 (0.1%)
Against Public Moral
- Unlawful Possession Of Firearms/Explosives [PD 1866 as Amended]
34
35.1
- Gambling [PD 603]
27
27.8
- Selling & Exhibiting Pornographic
Materials
- Possession of Deadly Weapon
17
17.5
Subtotal
Against Public Interest
1
1 (0.1%)
- Deadly Arrow [RA 3553]
4
4.1
- Anti-Carnapping Act [RA 6539]
4
4.1
- Perjury
1
- Anti-Hazing Law [RA 8049]
2
2.1
Subtotal
1 (0.1%)
- Driving Without License [RA 4136]
2
2.1
- Obstruction of Justice [PD 1829]
2
2.1
Others
5
5.0
Subtotal
97 (12.8%)
100.0
Total
758
100%
Chapter 6 • Profile of Children in Conflict with the Law
109
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Of the 35 children interviewed for the case study, 21
(60 per cent) were charged with commission of crimes
against property, particularly theft and robbery. Five
were accused of a sex-related offence, particularly rape;
four were charged with drug-related offences; two were
charged with murder; one with possession of a deadly
weapon; and one kidnapping. One interviewee did not
indicate an answer.
With respect to female children, the most common
violations they were charged with after crimes against
property (28 out of 67) were drug-related offences (23
out of 67) and violations of ordinances (10 out of 67;
see Figure 6.9 and Table 6.15). There were only few
cases of gambling, crimes against persons, and sex-related offences. Compared with the general profile of
the children, it appears that female children in conflict
with the law are seldom charged with crimes against
persons and violations of special laws, which include
unlawful possession of explosives and firearms, gambling and possession of deadly weapon.
Figure 6.9.
Charges filed against female children
45
40
35
30
25
%
20
15
10
5
0
110
Property
41.8
Drug-related
34.3
Ordinance
Gambling
14.9
4.5
Save the Children – UK
Persons
3
1.5
Sex-related
Table 6.15. Distribution of female children by type of crime
Type of crimes
No.
Property
28
Drug-Related
23
Ordinance
10
Gambling
3
Persons
2
Sex-related
Total
1
67
Of the 706 children, there were only eight children
with case records that indicate a commission of a
previous offence, four children previously committed
malicious mischief or vandalism; three cases, alarms
and scandal and disturbance of the peace; and one case
of unlawful operation of a pedicab.
Comparing this information with previous data collected, the UP Law Center 375 project, which covered
323 cases also showed that most of the offences committed were against property (46.1 per cent), followed
by violation of ordinances (20.4 per cent) and crimes
against public morals (10.2 per cent). The Camp
Sampaguita and Correctional Institute for Women
survey (1993) wherein 51 children were interviewed
also showed that crimes against property (43.14 per
cent) were the most often committed by the children
detained there. However, this was followed by crimes
against persons (31.37 per cent) and violations of
special laws (11.76 per cent).376 This was confirmed by
the PAYO survey, which also indicated that the crimes
against persons (21.1 per cent) and violations of special
laws (19.3 per cent) were the most common charges
against the children.377 Based on the information filed,
the children were detained, both during trial and after
the case has already been decided, for violations of
crimes against properties, persons and special laws.
This is explained by the fact, as shown by the present
project, that these were the most common charges filed
against children.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
TYPE OF DRUGS
Of the 97 cases of drug-related offences, 94 indicated
the type of drugs used (see Figure 6.10 and Table 6.16).
Half (51.1 per cent) of the children charged involved
the drug shabu378; 40.4 per cent rugby; and a small
percentage (8.5 per cent) involved marijuana. In these
offences, the children were charged with use, possession
or sale of said drugs.
(1.2 per cent); toiletries (0.9 per cent); street signs (0.47
per cent); lights (0.47 per cent); and CDs and cassette
tapes (0.23 per cent).
Figure 6.11.
Items Stolen
20
Figure 6.10.
% 10
Type of drugs
40.4
50
Cell Phone
Wallet
Grocery Items
40
% 30
8.5
20
Important Documents
Car/Vehicle Parts
CD/Cassette Tape
Battery
10
0
Shabu
11.3 11.3 11
8.9
5.6 4.5 4.5
3.8
0
51.1
60
14.6 12.7
Toluene (Rugby)
Marijuana
2.8 2.6 2.6 1.2 0.9
0.7 0.47 0.47 0.2
Clothes/Shoes
Jewelry
Gadgets/Electronic
Accessories
Scrap Metals
Animals
Lights
Bag
Accessories
Tools
Appliances
Toiletries/Cosmetics
Street Signs
Table 6.16. Distribution of children with drug-related offences by
type of drugs commonly used
Type of drugs
No.
per cent
1 Shabu
48
51.1
2 Toluene (rugby)
38
40.4
3 Marijuana
8
8.5
94
100.0
Total
ITEMS ALLEGEDLY STOLEN
Of the 426 items stolen, the most common item was
the cell phone (14.6 per cent) followed by clothes and
shoes (12.7 per cent); wallets (11.3 per cent); bags
(11.3 per cent); jewelry (11 per cent); and accessories
(8.9 per cent; see Figure 6.11 and Table 6.17). Other
items stolen include the following: grocery items (5.6
per cent); tools (4.5 per cent); gadgets and electronic
accessories (4.5 per cent); important documents (3.8
per cent); scrap metal (2.8 per cent); appliances (2.6
per cent); car and vehicle parts (2.6 per cent); animals
Table 6.17. Types of items stolen
Item stolen
No.
per cent
Cell phone
62
14.6
Clothes/ Shoes
54
12.7
Bag
48
11.3
Wallet
48
11.3
Jewelry
47
11
Accessories
38
8.9
Grocery items
24
5.6
Gadgets/ Electronic accessories
19
4.5
Tools
19
4.5
Important documents
16
3.8
Scrap metals
12
2.8
Appliances
11
2.6
Car/ Vehicle parts
11
2.6
Others
21
4.9
426
100.0
Total
Chapter 6 • Profile of Children in Conflict with the Law
111
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
TYPES OF WEAPONS
In 55 cases of possession of weapons, 51 indicated the
specific weapon used. More than one third (18 out of
51) have fan knives, followed by guns and ammunitions
(16 out of 51) and sumpak (homemade gun; 11 out of
51). Other weapons owned were “pill box” (homemade
bomb), ice pick, and arrowheads and slings (See Figure
6.12 and Table 6.18).
Figure 6.12.
Table 6.19. Distribution of cases of crimes against persons where the
complainant is a child
Category
No.
per cent
Complainant is a child
34
4.8
Complainant is not a child
250
35.4
Not Indicated
422
59.8
706
100.0
Total
Of the 32 sex-related offences, 29 had complainants
who were children, which represent 90.6 per cent of the
total number of complainants in sex-related offences
(see Table 6.20).
Deadly Weapon
35.3
40
30
25
Sumpak
31.4
35
Table 6.20. Distribution of cases involving sex offences where the
complainant is a child
Fan Knife
21.5
Ice Pick
% 20
Arrow Head/Sling
15
7.8
10
2
5
2
0
Guns/Ammo
No.
Fan knife
18
Guns/ Ammunition
16
Sumpak
11
Pillbox
4
Ice Pick
1
Total
1
51
COMPLAINANTS
Of the 115 cases involving crimes against persons, records show that in 34 cases, the complainants were also
children, representing 30 per cent of the total number
of complainants in these cases (see Table 6.19).
112
Save the Children – UK
per cent
29
4.1
Complainant is not a child
240
34.0
Not Indicated
Total
437
61.9
706
100.0
AREAS OF COMMISSION
Table 6.18. Distribution of cases of children with weapons by type
of weapon
Arrowhead/ Sling
No.
Complainant is a child
Pillbox
TYPE OF WEAPON
Type of weapon
Category
Out of 706 children, 705 had case records that indicate the specific area of commission of the offence (see
Table 6.21).
As stated before, 80 per cent of the children covered
by the cases were charged in Quezon City (40.1 per
cent) and Manila (39.9 per cent). For Caloocan (11
per cent), the children involved were only one fourth
(1/4) compared with the children charged in Quezon
City and Manila. The remaining children were charged
in Parañaque (6.2 per cent) and Pasay (2.7 per cent).
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 6.21. Distribution of cases by city and area
City/Area
No.
per cent
Manila
City/Area
No.
per cent
Greater Lagro
13
4.3
5.3
Sta. Mesa
7
2.5
Balintawak
16
San Miguel
2
0.7
Payatas
8
2.6
33
10.9
Tondo
76
26.7
Novaliches
Intramuros
4
1.4
Mariana
2
0.7
Quiapo
25
8.8
Frrisco
2
0.7
Sta. Cruz
43
15.1
Brgy. South Triangle
3
1
Malate
19
6.7
Brgy. Immaculate Concepcion
2
0.7
Ermita
17
6.0
Project 7
4
1.3
16
5.3
2.3
Paco
7
2.5
Tatalon
Sampaloc
21
7.4
Brgy. Sta. Cruz
7
Pandacan
9
3.2
Brgy. Culiat
0
0
Tayuman
1
0.4
Brgy. Bago-Bantay
2
0.7
Binondo
24
8.4
Brgy. Sta. Teresita
1
0.3
0
0
San Andres
8
2.8
Brgy. Bagong Silangan
Sta. Ana
10
3.5
Pag-Asa
1
0.3
Port Area
2
0.7
Pasong-Tamo
5
1.6
Muntinlupa
1
0.4
Brgy. Paraiso
2
0.7
Taguig
2
0.7
Project 8
13
4.3
0.4
Roxas Distrtict
3
1
1.8
Commonwealth
5
1.6
Indang, Cavite
1
Avenida
5
Dapitan
1
0.4
285
100.0
Total
5
1.6
304
100
Caloocan
Quezon City
Brgy. Holy Spirit
Diliman
Total
16
5.3
Bagong Barrio
5
6.8
Tala
5
6.8
Brgy. Kaligayahan
2
0.7
Brgy. Maharlika
3
1
Monumento
6
8.2
Brgy. Pinyahan
6
2
Grace Park
12
16.4
Philcoa
4
1.3
Maypajo
3
4.1
La Loma
2
0.7
Soldier Hills
1
1.4
2
2.7
Cubao
76
25
Dagohoy
Project 2
10
3.3
Libis
1
1.4
San Jose
2
0.7
Dagat-Dagatan
7
9.6
Brgy. Baesa
11
3.6
Sangandaan
1
1.4
Brgy. Bungad
2
0.7
Bagbaguin
1
1.4
0.3
Rizal Avenue
1
1.4
4
5.5
Pansol
1
Talipapa
3
1
Camarin
Minadanao Avenue
3
1
Bunker’s Ville
1
1.4
Tandang Sora
3
1
Bagong Silang
10
13.7
Krus Na Ligas
4
1
Bmc
1
1.4
2.6
Kaybiga
2
2.7
1.6
Kabulusan
1
1.4
Batasan Hills
Project 4
8
5
Chapter 6 • Profile of Children in Conflict with the Law
113
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Table 6.21. (Continuation)
City/Area
No.
per cent
P. Zamora
2
2.7
Dela Costa
1
1.4
Samson Road
1
1.4
Daang-Bakal
2
2.7
Torsillo
3
4.1
73
100
Total
Parañaque
Daughters
3
10
Tambo
1
3.3
Kabihasnan
3
10
Sucat
6
20
Baclaran
5
16.7
BfF Homes
2
6.7
Better Living
3
10
Sitio Fatima
2
6.7
San Isidro
1
3.3
Sun Valley
1
3.3
San Antonio
1
3.3
Evacom
2
6.7
30
100
Malibay
4
28.6
EDSA
1
7.1
Tramo
1
7.1
Balagtas
1
7.1
Dolores Street
2
14.3
Villamor Airbase
1
7.1
Merville
1
7.1
Rotonda
2
14.3
Makati City
1
7.1
14
100.0
Total
Pasay
Total
In Manila, the top five areas where the offence took
place were: Tondo (26.7 per cent); Sta. Cruz (15.1 per
cent); Quiapo (8.8 per cent); Binondo (8.4 per cent);
and Sampaloc (7.4 per cent). In Quezon City, Cubao
(25 per cent); Novaliches (10.9 per cent); Balintawak
114
Save the Children – UK
(5.3 per cent); Tatalon (5.3 per cent); Project 8 (4.3
per cent) and Greater Lagro (4.3 per cent) were the top
five areas. In Caloocan, the areas were in: Grace Park
(16.4 per cent); Bagong Silang (13.7 per cent); DagatDagatan (9.6 per cent); Monumento (8.2 per cent);
and Bagong Barrio (6.8 per cent) and Tala (6.8 per
cent). For Parañaque, offences were often committed
in Baclaran (16.7 per cent); Daughters (10 per cent);
BF Homes (6.7 per cent); Better Living (6.7 per cent);
and Evacom (6.7 per cent). In Pasay, Malibay (28.6
per cent), Dolores Street (14.3 per cent) and Rotonda
(14.3 per cent) were the most common areas.
The percentages in each specific area presented were
based on the total number of incidence committed in
the city where it is located.
In the UP Law Center project,379 Tondo, Quiapo and
Ermita were found to be the place where crimes were
often committed in Manila. Showing the same result
as the present project, Cubao was the place where the
occurrence of crime was most likely in Quezon City;
in Pasay, it is in Malibay and Libertad. In Caloocan,
1st to 12th Avenues were shown to be the place where
crimes were most likely to be committed.
PLACES OF COMMISSION
Based on court records, more than half of the children
(58.9 per cent) allegedly committed the offence in the
streets; 22 per cent in the house of other people or
buildings; 14.7 per cent in stores, malls or markets; 2.4
per cent inside their own houses; 1.8 per cent in jeeps
and 0.1 per cent did not indicate the specific place of
commission (see Figure 6.13 and Table 6.22).
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Of the children with co-accused, 26 had court records
that indicated the blood relationship of the child with
the co-accused (see Figure 6.15 and Table 6.23). More
than one-third (34.6 per cent) of the children were
charged together with their brother; 30.8 per cent with
their cousin; 11.5 per cent with their father; 11.5 per
cent with their mother; 7.7 per cent with their sister;
and 3.8 per cent of the children were charged with
their entire family.
Figure 6.13.
Place where crime was committed
58.9
60
40
22
%
14.7
20
2.4
1.8
0.1
0
Street
Store/Mall/Market
Jeep
Other’s House/Building
Own Residence
Not Indicated
Figure 6.15.
Relationship of co-accused to the child
Table 6.22. Distribution of cases by place where crime was commited
Place where crime was committed
No.
per cent
Street
416
58.9
Other’s House/ Building
155
22.0
Store/Mall/Market
104
14.7
Own Residence
17
2.4
Jeep
13
1.8
Not Indicated
1
0.1
706
100.0
Total
CO-ACCUSED
Of the 706 children charged, 290 or 41% had a
co-accused. In 92 per cent of the 290 children, the coaccused were also children, 6 per cent both adults and
children and 2 per cent adults only (see Figure 6.14).
Figure 6.14.
CICL with co-accused
34.6
35
%
Father
30.8
30
Brother
25
Cousin
20
15
11.5
10
Mother
11.5
7.7
Sister
3.8
5
Entire Family
0
Table 6.23. Distribution of cases with co-accused by the relationship
of the co-accused with the child
Co-accused’s relationship with the child
No.
per cent
Brother
9
34.6
Cousin
8
30.8
Father
3
11.5
Mother
3
11.5
Sister
2
7.7
Entire family
1
3.8
26
100.0
Total
58.9
60
40
%
22
20
14.7
2.4
1.8
0.1
0
Street
Store/Mall/Market
Jeep
Other’s House/Building
Own Residence
Not Indicated
The UP Law Center (1981) project380 revealed similar
results: 51.08 per cent of the children committed their
offences alone; 24 per cent did it with other children.
A small portion (9.5 per cent) had adult companions
while 7.69 per cent had both children and adult coaccused.
Chapter 6 • Profile of Children in Conflict with the Law
115
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
ARRESTING OFFICERS
Out of 706 children, 689 had court records that
indicated the person who arrested them. Majority of
the children (64.2 per cent) were arrested by police
officers, followed by the barangay tanods (18.7 per
cent; see Figure 6.16 and Table 6.24). The rest were
arrested by civilian security guards (6.1 per cent); the
victims themselves (4.4 per cent); witnesses (3.5 per
cent); store representatives (1.3 per cent); relatives of
the victim (0.9 per cent); voluntary surrender by children (0.3 per cent); and the relative of the offender
(0.1 per cent).
Figure 6.16.
Arresting officers
s
70
Police Officers
64.2
Barangay Tanods
60
Victim
50
%
Civilian/Security Guard
40
Store Representative
30
20
Witness
18.7
10
4.4 6.1
0
Relative
Relative of Victim
1.9 3.5 0.1 0.9 0.3
Voluntarily Surrendered
Of the 35 children interviewed for the case studies,
18 were arrested by police officers; 11 by barangay
tanods or chairpersons; two by private citizens; one by
a security guard; one by the parents of the child; and
one child voluntarily surrendered. One interviewee did
not indicate the person that made the arrest.
STATUS OF THE CASE
At the time the research was conducted, almost onethird (26.3 per cent) of the cases were scheduled for
arraignment (see Figure 6.17). The other third (26.2
per cent) of the cases were in the trial stage, where either
the prosecution or defence is presenting evidence, and
18.3 per cent were in the pre-trial stage, either scheduled for pre-trial, undergoing pre-trial or the pre-trial
had just ended.381 A small percentage (8.9 per cent)
of the children had pending warrants of arrest. Almost
four per cent (3.8 per cent) of the cases were already
decided and 2.1 per cent were scheduled to be decided;
3.7 per cent were in the preliminary investigation
stage;382 1.7 per cent were undergoing the diversion
process; and 0.6 per cent had been archived. The rest
of the children’s case records (8.4 per cent) did not
indicate the status of the case.
Figure 6.17.
Table 6.24. Distribution of cases by arresting officer
Arresting officer
1 Police Officers
Status of the case
No.
per cent
442
62.6
2 Barangay Tanods
129
18.3
3 Victim
30
4.2
4 Civilian/Security Guard
42
5.9
5 Store Representative
13
1.8
6 Witness
24
3.4
7 Relative
1
0.1
8 Relative Of Victim
6
0.8
9 Voluntarily Surrendered
2
0.3
Not Indicated
17
2.4
706
100.0
Total
30
Save the Children – UK
For Arraignment
26.2
Preliminary
Investigation
25
%
Pre-Trial
18.3
20
Not Indicated
Trial
15
Decided
5
8.9
8.4
10
0
116
26.3
3.7
3.8
2.1
For Decision
1.7
Pending
Warrant
0.6
Diversion
Archived
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
ARRAIGNMENT: PLEA
Of the 219 children who were arraigned and whose
records indicate their plea, 92.7 per cent entered a plea
of not guilty while 7.3 per cent pleaded not guilty (see
Table 6.25).
Table 6.25. Distribution of cases of children who were arraigned and
with plea by type of plea
Plea
No.
per cent
Guilty
16
7.3
Not Guilty
203
92.7
219
100.0
Total
Arraignment: period elapsed from time of arrest to
arraignment
One hundred seventy eight (178) children who were
already arraigned had court records that indicated
the dates of their arrest and arraignment. The project
computed the difference between the time of arrest
and arraignment. Data shows that the majority of the
cases (about 75 per cent) were arraigned three months
or less after arrest. In almost one-third (27.5 per cent)
of the cases, there was a one month interval between
the arrest and arraignment. There was a two-month
interval in 21 per cent of the cases; 15.7 per cent had
an interval of three months and 10 per cent had less
than one month interval. The rest of the cases had
intervals ranging from four months to 20 months (see
Table 6.26).
Table 6.26. Distribution of arraigned cases by length of time between
arrest and arraignment
Time between arrest
and arraignment
(in no. of months)
No.
per cent
0
18
10.1
1
49
27.5
2
38
21.3
3
28
15.7
4
10
5.6
5
7
3.9
6
7
3.9
7
5
2.8
8
3
1.7
9
2
1.1
10
0
-
11
3
1.7
12
1
0.5
13
1
0.5
14
1
0.5
15
2
1.1
16
1
0.5
17
0
-
18
0
-
19
1
0.5
20
1
0.5
Total
178
100.0
Considering that almost 40 per cent of the children
covered by the study committed the offence at the age
of 17, it is emphasised that the court process be conducted as speedily as possible so that the child may be
able to enjoy the benefits under the law, ie, diversion
and suspension of sentence. The arraignment must
be scheduled immediately after the arrest and filing
of complaint or information, before the child reaches
the age of 18, so they may still be able to avail of such
benefits when applicable.
Chapter 6 • Profile of Children in Conflict with the Law
117
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
COUNSEL
Records show that of the 706 cases of children covered
by study, more than half (458 cases, or 65 per cent,)
had legal counsel. Of this number, almost all (92.1
per cent) were represented by public defenders (see
Figure 6.18 and Table 6.27). In the UP Law Center
project, 81 per cent of the children were provided with
“de officio” counsel383 and only 2 per cent had their
own counsel.384
Figure 6.19.
Location of child
36.4
40.0
35.0
Jail
Parents
29
30.0
Center
25.0
% 20.0
16.7
14.6
Relatives
15.0
10.0
5.0
At Large
2.3
Non-relative
1
0.0
Figure 6.18.
CICL with counsel
Table 6.28. Distribution of cases of children by location
Location
92.1
100
%
7.9
50
0
Public Defender
Private Lawyer
Public Defender
Private Lawyer
Total
No.
per cent
422
36
92.1
7.9
456
100.0
LOCATION OF CHILD
The majority of the children (486, or 69 per cent) had
court records that indicated their location. The most
number (36.4 per cent) were staying at training and
rehabilitation centres run by the DSWD (see Figure
6.19 and Table 6.28). The other third (29 per cent)
of the 486 were in the custody of their parents, either
released on recognizance or the children furnished bail.
The rest were at large (16.7 per cent); detained in jails
(14.6 per cent); staying with relatives (2.3 per cent)
and non-relatives (1 per cent).
118
Save the Children – UK
per cent
177
36.4
2 Parents
141
29.0
1 Jail
71
14.6
5 At Large
81
16.7
4 Relatives
11
2.3
6 Non-Relative
5
1.0
486
100.0
Total
Table 6.27. Distribution of cases of children with legal representation
by counsel
Counsel
No.
3 DSWD Center
The majority of the children staying in rehabilitation
centres (59.3 per cent) were staying at the Molave
Youth Home in Quezon City, 30.5 per cent at the
Manila Youth Reception Center (MYRC) in the
city of Manila; 4 per cent at the National Training School for Boys (NTSB); 3.4 per cent at the
Marillac Hills-Home for Girls in Muntinlupa City in
the southern part of Metro manila; 2.2 per cent at the
Pasay Youth Home; and 0.6 per cent at Kanlungan
sa (lap of ) Erma, an NGO-run institution (see Table
6.29).
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 6.29. Distribution of cases of children in rehabilitation centres
by centre
Training and rehabilitation centres
No.
per cent
2 Molave
105
59.3
1 MYRC
54
30.5
3 NTSB
7
4.0
4 Marillac Hills
6
3.4
7 Pasay Youth Home
4
2.2
6 Kanlungan Sa Erma
1
0.6
177
100.0
Total
SUMMARY OF THE LEGAL PROFILE
The most common criminal charges against the
children involve crimes against property, specifically,
robbery; theft; qualified theft; malicious mischief and
estafa. This is followed by crimes against persons;
violation of ordinances; special laws; and drug-related
offences. With respect to female children, the most
common violations they are charged with after crimes
against property are drug-related offences and violations of ordinances.
Complainants in the cases against children involving
crimes against persons and sex-related offences also
include children.
In cases of drug-related offences, the most common
drugs involved are shabu and rugby. Children are
charged either with use, possession or sale of prohibited
drugs. In cases of crimes against property, specifically
theft and robbery, the most common item stolen is the
cell phone, followed by clothes and shoes, wallets, bags,
jewelry and accessories. In cases involving possession of
weapons, the most common are fan knives, followed
by guns and ammunitions, and sumpak.
Most of the offences are committed in Quezon City
and Manila. In Quezon City, the most common areas
where crimes are allegedly committed by children are
in Cubao, Novaliches, Balintawak, Tatalon, Project 8
and Greater Lagro. In Manila, the common areas are
in Tondo, Sta. Cruz, Quiapo, Binondo, and Sampaloc.
In Caloocan, it is in Grace Park, Bagong Silang, Dagat-Dagatan, Monumento, and Bagong Barrio and
Tala. For Parañaque, offences are often committed
in Baclaran, Daughters, BF Homes, Better Living
and Evacom. In Pasay, Malibay, Dolores Street and
Rotonda are the most common areas.
The offences are usually committed in the streets, in
the house of other people or buildings; and in stores,
malls or markets.
Children in conflict with the law are often charged
together with a co-accused. The co-accused are also
children themselves and in some cases, they are already
adults or both adult and children. In some cases, the
co-accused are related by blood to the child in conflict
with the law.
Most of the time, children are apprehended by police
officers, followed by barangay officials, specifically the
barangay tanod. During arraignment, children often
plead not guilty. The interval between the arrest or
surrender and the date of arraignment is usually from
one to three months. Almost all of the children are
represented by public defenders from the PAO.
Most of the children are either staying at DSWD-run
training and rehabilitation centres or are in the custody
of their parents, relatives or non-relatives, upon release
on recognizance or posting of bail. However, there is a
significant number of children detained in jails.
Chapter 6 • Profile of Children in Conflict with the Law
119
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
7 Observance of Laws
This chapter presents the data collected based on
the interviews of the different pillars of the criminal
justice system with respect to the observance of laws.
A questionnaire was formulated per pillar depending
on the functions and duties provided by national
and international laws on the administration of the
criminal justice system on children in conflict with
the law. To establish a reasonable length of interview,
only selected functions and duties were included in
the questionnaire.
The responses of 35 children interviewed for the
case studies were also incorporated in this chapter.
Comparisons were also made between the children’s
responses and the respondents from the five pillars of
the criminal justice system.
Community
BARANGAY ORDINANCES
As previously mentioned in the preceding chapters,
among the powers of the Sangguniang Barangay, the
community legislative body, is the power to enact
ordinances that prescribe fines in amounts not
exceeding Php1,000 for violation of barangay ordinances. Aside from this power, the respondents
in the community pillar were asked questions as to
the exercise of their functions and the provisions
of the law that are relevant to the protection and
promotion of the rights of children in conflict
with the law.
When the 118 respondents were asked if they know
of any barangay ordinance from 1990 onwards that
relates to children in conflict with the law, 48.3 per cent
answered “no”, 35.6 per cent said “yes”, 11.0 per cent
responded that they “do not know”, and 5.1 per cent
did not give an answer. For those who answered “no”,
either their respective barangays do not have ordinances
120
Save the Children – UK
relating to children in conflict with the law at all or
there are such ordinances but they are not aware that
such ordinances exist (see Table 7.1).
Of the few barangay ordinances collected and presented
in the chapter on city and barangay ordinances, it was
shown that penal ordinances applicable to children
outnumber non-penal ordinances on children. The few
barangay ordinances gathered support the answer of
majority of the respondents who answered “no” when
asked if they know of any barangay ordinances relating
to children in conflict with the law.
Table 7.1. Knowledge of barangay ordinances (from 1990 onwards)
relating to CICL
Response
No.
per cent
42
35.6
57
48.3
Do not know
13
11.0
No Answer
6
5.1
118
100
There are barangay ordinances relating to CICL
There are no barangay ordinances
relating to CICL
Total
BARANGAY COUNCIL FOR THE PROTECTION OF
CHILDREN
Article 87 of P.D. No. 603,385 and Department of
Interior and Local Government Circulars 90-04,
94-14 and 96-139 provide for the establishment of
BCPCs in every barangay. When asked whether there
is a BCPC in their respective barangays, 48.3 per cent
of the respondents said “no”, 41.5 per cent said “yes”,
6.8 per cent said that they “do not know”, and 3.4 per
cent did not give an answer (see Table 7.2).
Table 7.2. Presence of a BCPC in the barangay
Response
No.
per cent
There is a BCPC in the barangay
49
41.5
There is no BCPC in the barangay
57
48.3
Do Not Know
8
6.8
No Answer
4
3.4
118
100
Total
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Of the 49 respondents who said that a BCPC is present
in their barangay, 45 identified the year the BCPCs
were established. An overwhelming majority of the
total number of respondents (73 out of 118), 61.9 per
cent, did not give an answer, while 13.6 per cent do not
remember the year it was established. The rest (24.3 per
cent) of the respondents’ answers ranged from 1992 to
2002, with most of the BCPCs established in 2002, the
year the research was conducted (see Table 7.3).
Table 7.3.Year when the BCPC was established in barangays where
these are present
Year
No.
per cent
Do Not Remember
16
35.6
1992
1
2.2
1994
1
2.2
1998
3
6.7
1999
5
11.1
2000
5
11.1
2001
5
11.1
2002
Total
9
20
45
100
Only 28.8 per cent of the 118 respondents from the
community pillar said that there is a representative for
the youth among the BCPC members. Almost 60 per
cent (57.6 per cent) did not provide an answer, 3.4 per
cent said that they “do not know,” and 10.2 per cent
said there is no representative for the youth among
BCPC members (see Table 7.5). Of the 118 respondents, 22.9 per cent said that the youth representative
is below 18, 29.7 per cent said that the representative
is 18 years of age or over, and 70.3 per cent did not
provide an answer (see Table 7.6).
Table 7.5. Presence of a representative for the youth in the BCPC in
barangays where a BCPC is present
Response
There is a youth representative in
the BCPC
There is no youth representative in
the BCPC
No.
per cent
34
28.8
12
10.2
Do Not Know
4
3.4
No Answer
68
57.6
118
100
Total
Table 7.6. Age of the youth representative in the BCPC
An overwhelming majority of the 48 respondents (75
per cent) said “yes,” 16.7 per cent said that the BCPC
is “not” functional and 8.3 per cent responded that
they “do not know” if the BCPC is functional (see
Table 7.4).
Table 7.4. Whether or not the BCPC is functional in barangays where
a BCPC is present
Response
No.
per cent
The BCPC is functional
36
75
The BCPC is not functional
8
16.7
Do Not Know
4
8.3
48
100
Total
Age of youth representative
No.
per cent
Below 18
27
22.9
18 and Above
8
29.7
No Answer
83
70.3
118
100
Total
When the respondents were asked to specify the committees within the BCPC, they only provided general
answers. There seems to be confusion as to the BCPC
committees and the general committees found in the
barangay level, ie, Ways and Means, Infrastructures,
or Anti-Drug Abuse Council. Some respondents cited
these general committees as part of BCPC committees.
However, there were a few respondents who said that
the BCPC in their respective communities established
the following child-related committees: child abuse,
protection of children under difficult circumstances,
day care centres and weekly feeding (see Table 7.7).
Chapter 7 • Observance of Laws
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Table 7.7. Committees within the BCPC
Committee
Sports
10
Peace and Order
10
Education Committee
9
Sanggunian Kabataan (Youth Council)
6
Clean and beautification
4
Health and sanitation
4
Appropriations
3
Free medicine
3
Livelihood
3
Environmental services
2
Committee on Children
2
Committee on Family
2
Women and Family
2
Ways and Means
2
Protection of children under difficult circumstances
2
Child Abuse
2
Livelihood
1
Human rights
1
Day care centre
1
Social services
1
Weekly Feeding
1
Anti-Vending
1
Infrastructure
1
Rehabilitation
1
Civil Rights
1
Urban poor
1
Economy
1
Welfare
1
Mediation
1
Religion
1
Barangay Anti-Drug Abuse Council (BADAC)
1
Emergency/Typhoon Committee
Total
122
No.
Save the Children – UK
1
81
Only 11 per cent of the respondents said there is a
committee within the BCPC for the protection of
children in especially difficult circumstances, which
also covers children in conflict with the law (see Table
7.8). This small number of respondents who answered
affirmatively may be because there are only a few existing committees within the BCPC, if a BCPC has been
established at all and if such is functioning.
Table 7.8. Presence of a Committee for the Protection of Children
in Especially Difficult Circumstances/Children in Need of Special
Protection
Response
No.
per cent
Such committee is present
13
11.0
There is no such committee
34
28.8
Do Not Know
5
4.2
No Answer
66
55.9
118
100
Total
To prevent children from coming into conflict with the
law, the respondents cited the following efforts by the
BCPC: sports development; curfew, coordination with
the Sangguniang Kabataan, feeding programmes, presence of roving tanods, and medical assistance. Other
respondents refer to policies rather than activities, ie,
protection against abuse and exploitation and protection against drugs (see Table 7.9). The same types of
programmes and policies were cited by the respondents
when asked about the programmes or steps taken by
the BCPC to assist parents whose children have behavioural problems (see Table 7.10).
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 7.9. Current programmes of the BCPC for the prevention of
children coming into conflict with law
Programme
Sports development/sportsfest
No.
Table 7.10. Steps/programmes taken by the BCPC for assisting parents and children with behavioural problems
Step/Programme
No.
14
Inform and call parents
7
Medical assistance
5
5
Education/Scholarship
4
Awareness raising/Information
dissemination/house-to-house
Curfew, implementation of city ordinance
3
Seminar for the parents
4
Dialogue
3
Guidance for children
3
Feeding program
3
Livelihood program
3
Meet/Talk with parents
3
Monitoring
3
Visibility of barangay tanod and police
3
Refer to social worker/counsellors/DSWD
2
Coordination with the Sangguniang Kabataan
2
Scholarship/Education for the child
2
Year round effort by the whole community
2
Catechism/ Spiritual activities for family
2
Trainings
2
Feeding program
2
Educational field trips
2
Campaign for parents to have jobs
1
Information dissemination
2
Sports program
1
Gift giving
2
Bring home to province
1
Activities of religious groups, schools
2
Curfew
1
Recreation
1
School attendance
1
Day care
1
Amicable settlement
1
Forward to DSWD
1
Active SK and non-SK youth org.
1
Protection against abuse, exploitation
1
Protection against drugs/Out of School Youth
1
Livelihood
1
Discipline the child
1
Others
Total
62
1
Economic assistance: 5% of appropriation
Total
38
HOLDING CELLS
Almost half of the 118 respondents (44.1 per cent)
said there is a holding cell inside their barangays.
However, less than half of these respondents said there
is a separate holding cell for children (17.8 per cent)
and separate holding cells for the male and female
children (15.3 per cent). This may be explained by
the observation during the research that there is usually only one holding cell in barangay halls (see Tables
7.11 to 7.13).
Table 7.11. Availability of a holding cell [temporary jail until accused is
transferred to the city jail] inside the barangay hall
Response
No.
per cent
There is a holding cell
52
44.1
A holding cell is not available
62
52.5
Do Not Know
No Answer
Total
4
3.4
118
100
Chapter 7 • Observance of Laws
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Table 7.12. Availability of a separate holding cell for CICL
Response 5.12
No.
per cent
Separate cell for children is present
21
17.8
Children are mixed with adults
56
47.5
Do Not Know
1
0.8
No Answer
40
33.9
118
100
Total
Table 7.13. Availability of separate holding cells for male and for
female CICL
Response
Separate cells for male and for
female CICL are present
There are no separate cells for male
and for female CICL
No.
per cent
18
15.3
43
36.4
Table 7.15. Programme/s for the reintegration/ rehabilitation of CICL
in the community
Response
No.
Livelihood programmes/employment
6
Education
5
Placement in rehabilitation/custodial centres
4
Vocational/Skills training
4
Community service
4
3
3 Do Not Know
4
3.4
No Answer
53
44.9
Return the CICL to the custody of the parents
100
Sports program
3
Dialogue/discussion/counselling with the CICL
3
Curfew
1
Follow-up from parents
1
Moral recovery program
1
Personal visitation
1
Conduct of drug testing
1
Fellowships
1
Give CICL responsibilities/errands
1
Total
118
REINTEGRATION/REHABILITATION OF CHILDREN
When asked if their respective barangays have programmes for the reintegration and rehabilitation of
children in conflict with the law in their community,
majority (59.3 per cent) of the respondents said “no,”
26.3 per cent said “yes,” 11 per cent gave “no answer”
and 3.4 per cent said that they “do not know” (see
Table 7.14).
Table 7.14. Availability of current programme/s for the reintegration/
rehabilitation of CICL in the community
Response
There are programmes for
reintegration of CICL
There are no programmes for
reintegration of CICL
No.
per cent
31
26.3
70
59.3
Do Not Know
4
3.4
No Answer
13
11.0
118
100
Total
Programmes cited by the respondents who answered
in the affirmative include the following: livelihood,
education, placement in rehabilitation centres, skills
traiing, and community service. Others mentioned
124
by the respondents do not fall into reintegration and
rehabilitation programmes but rather actions to prevent
children from coming into conflict with the law, such
as curfew; or responses to the child’s alleged criminal
action, ie, return of child to parents (see Table 7.15).
Save the Children – UK
Recommend to CADAD/BADAC/Bicutan
Total
1
40
SUMMARY AND ANALYSIS
Based on the current situation, the community plays
three roles in the involvement of children with the
justice system. First, they can be the source of ordinances that penalise acts that may both be committed
by children and adults or non-penal ordinances that
benefit children, ie, creation of programmes for the rehabilitation of children in conflict with the law within
the BCPC. The results of the project show that the
ordinance-making power of the barangay has not been
maximised to benefit children. If ordinances relating
to children exist at all, it is to prohibit acts and provide
penalties for such violations, including imprisonment.
Violation of ordinances is among the most common
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
offences for which children are charged. Knowledge
of existing barangay ordinances that relate to children
in conflict with the law is not common among the
respondents.
Although the establishment of BCPCs has been
mandated by law since 1975, there is only a limited
number of functional BCPCs in the cities covered by
this project, and with fewer BCPCs with children or
youth among its members. Based on the answers of
respondents, the committees within the functional
BCPCs are the same as the general committees established within the barangay, with programmes on
children focusing more on sports activities, feeding,
education, livelihood and economic assistance.
Second, it is in the community where children are
also apprehended. The community has peace and
order programmes and is part of the law enforcement
level through the barangay tanods. Aside from police
officers, children are often apprehended by barangay
tanods and spend time in holding cells. In each barangay hall, there is usually only one holding cell and
children detained spend time in the company of adult
offenders.
Third, it is to the community where children return
after their apprehension, detention or service of sentence. Results of the project show that there is a lack
of established programmes to address the community
reintegration and rehabilitation of children in conflict
with the law. The appropriateness of communitybased reintegration and rehabilitation programmes
cited by the respondents are also questionable, ie,
curfew, cleaning of the community, drug-testing or
sports activities. Some respondents even said that the
children are referred back to rehabilitation centres or
to their parents.
The role of the community with respect to maintaining peace and order has been emphasised. A concrete
manifestation of this is the drive to impose a curfew
on children, specifically in the cities covered by this
project. As mentioned above, the role of the community extends further with respect to children in
conflict with the law. The establishment of a working
BCPC with appropriate programmes that benefit
children in conflict with the law must be emphasised
with the community leaders. All pillars refer to the
community as the level where diversion should occur
and the community must be able to take on this role
with appropriate training not only on laws but also to
the underlying principles of said laws and sensitivity
to the needs and situation of children.
Law Enforcement
For the purposes of this project, the law enforcement
pillar is represented by the police officers and the barangay tanods interviewed. barangay tanods perform
peace-keeping duties at the community level and apprehend offenders, including children.
PRESENTATION OF IDENTIFICATION TO CHILD
Section 6 of the Rules on Juveniles in Conflict with
the Law provides that:
Any person taking into custody a juvenile in conflict
with the law shall:
(a) Identify himself and present proper identification to the juvenile
Based on practice, an overwhelming majority of the
barangay tanods (87.9 per cent) and police officers
(75.3 per cent) said they identify themselves to the
children (see Table 7.16). The slightly higher number
of barangay tanods compared to police officers who
responded in the affirmative may be explained by
the fact that police officers wear distinctive uniforms
Chapter 7 • Observance of Laws
125
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
and the latter rely on this for identification. Hence,
barangay officers need to identify themselves as such
compared to police officers.
However, of the 35 children interviewed for the case
study, only 13 said the apprehending officers identified
themselves. Majority (17) said the apprehending officers did not do so; and five children did not provide
an answer.
Table 7.16. Whether or not the law enforcer introduces him/herself
to the CICL
Response
Tanod
per
No.
cent
Police
per
No.
cent
Introduces one’s self
51
87.9
58
75.3
Does not introduce one’s self
2
3.4
15
19.5
Depends
3
5.2
2
2.6
No Answer
2
3.4
2
2.6
58
100
77
100
Total
INFORM CHILD REASON FOR CUSTODY
Section 6 of the Rules on Juveniles in Conflict with
the Law provides that:
Any person taking into custody a juvenile in conflict
with the law shall:
Inform the juvenile of the reason for such custody…
An overwhelming number of respondents from the
barangay tanods (81 per cent) and police officers (83.1
per cent) said that they informed the children of the
reason for their custody and apprehension. Only a few
respondents, 5.2 per cent for the barangay tanods and
10.4 per cent for the police officers, answered “no” to
the response (see Table 7.18).
Table 7.18. Whether or not the law enforcer informs the CICL of the
reason for his/her apprehension/custody
Tanod
According to the law enforcement officers, identification presented to the child usually include badges or
LDs, uniforms, use of oral identification or introduction, police hat or patrol, and weapon such as the
batuta (night stick; see Table 7.17). Few respondents
said they do not need to present an official identification to the child.
Table 7.17. Official identification presented to the CICL
Identification
Uniform
35
ID/badge
68
Proper verbal communication
13
No need/none
10
Batuta (night stick)
3
Hat
1
Patrol
Total
126
No.
Save the Children – UK
1
131
Response
Police
No.
per
cent
No.
per
cent
47
81.0
64
83.1
3
5.2
8
10.4
Depends
4
6.9
1
1.3
No Answer
4
6.9
4
5.2
58
100
77
100
Informs the child of reason for
apprehension/custody
Does not inform the child
of reason for apprehension/
custody
Total
Most of the law enforcement officials said they informed
the child of the reason for the custody or apprehension
at the time of the arrest, when they also recite the Miranda doctrine386 (see Table 7.19). Several respondents
gave such information when the child is already in the
office or the barangay hall, after the arrest, even before
the arrest, before investigation, after introduction with
the child; or they call the child first.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 7.19. When the CICL is informed of the reason for his/her
apprehension/custody
Response
No.
At the time of arrest (Miranda Doctrine)
46
When child is in the office/barangay hall
7
After arrest/apprehension
5
Before arrest
5
During the interview
4
Before investigation
2
Children already know why we arrest them
1
Call first
1
After introduction
Total
1
72
A few of the respondents said that the period they informed the child of the reason for their arrest depends
on the situation.
Of the 35 children interviewed for the case study,
majority (17) said the apprehending officers explained
the reasons for their arrest; 13 said that the reason
for their arrest was not explained to them; and five
children did not provide an answer. With respect to
their rights, 24 of the 35 children said they were not
informed of their rights upon arrest; eight said that
they were informed of their rights; and four children
did not provide an answer.
NOTIFICATION OF PARENTS AND GUARDIANS
Section 6 of the Rules on Juveniles in Conflict with
the Law provides that:
Any person taking into custody a juvenile in conflict
with the law shall:
In practice, the barangay tanod informs community officials such as the Barangay Chairperson, other
Tanods, and members of the Lupon Tagapamayapa
and the police officers. Individual police officers turn
over the child for investigation to the appropriate police precincts and units within the precincts, whether
the WCCD or the desk officers in the precincts. Law
enforcement officials also inform the DSWD and the
parents or relatives of the child. Other persons or offices
notified include the following: DILG, Office of the
Prosecutors, neighbours, schools, NGOs; rehabilitation centres, Public Defenders’ Office, hospitals, and
other city officials. One respondent said that he/she
also notifies television and radio stations.
However, of the 35 children interviewed for the case
study, majority (17) said the apprehending officers
did not inform their parents 11 said their parents
were informed, and seven children did not provide
an answer.
Table 7.19. Persons and government agencies notified upon contact
with CICL
Persons/agencies notified
No.
%
DSWD
56
26.4
Police Headquarters/superiors/
NBI/NAPoliceCOM
44
20.6
Parents/relatives
37
17.4
Barangay officials
32
15.0
Women and Children’s Concerned
Desks
16
7.5
Rehabilitation centres
8
3.8
NGOs
6
2.8
DILG
5
2.3
Others
9
4.2
213
100.0
Total
(g) Notify the parents of the juvenile or his nearest
relative or guardian, if any, and the local social
welfare officer as soon as the apprehension is made
Chapter 7 • Observance of Laws
127
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
PHYSICAL AND MENTAL EXAMINATION
Section 6 of the Rules on Juveniles in Conflict with
the Law provides that:
Any person taking into custody a juvenile in conflict
with the law shall:
…
(h) Take the juvenile immediately to an available
government or medical or health officer for physical
and mental examination. (Emphasis supplied)
Article 190 of the Child and Youth Welfare Code,
amended, also provided that:
It shall be the duty of the law enforcement agency
concerned to take the youthful offender, immediately after his apprehension, to the proper medical
or health officer for a thorough physical and mental
examination. Whenever treatment for any physical
or mental defect is indicated, steps hall immediately
be undertaken to provide the same. (Emphasis
supplied)
More than half (51.7 per cent) of the barangay tanods
and a large percentage of police officers (76.6 per
cent) responded that they take the child to a medical
or health officer for a physical examination. However,
with respect to mental examination, only a small percentage of barangay tanods (22.4 per cent) and police
officers (27.3 per cent) said they take the child to an
available government or medical or health officer for
mental examination.
Several barangay tanods and police officers said they
only take the child for a physical examination depending on the following situations: if the injury is serious or
obvious, if there are causes for physical injury, depending on the case committed by the child, depending on
the health of the child, and only when necessary. For a
child to be taken for mental examination, the respon-
128
Save the Children – UK
dents said that it depends on the following situations:
behaviour of the child; case to case basis; when the child
suffers from an obvious mental problem; if needed; if a
drug problem is involved; if requested by the DSWD,
courts or relatives of the child; or if recommended by
the government doctors.
Of the 35 children interviewed for the case study,
majority (24) said that they were referred to health
officers for medical examination; seven said that they
were not brought to a health officer; and four children
did not provide an answer.
Table 7.21. Whether or not the CICL is taken to an available government medical or health officer for a physical examination
Response
Tanod
Police
No.
per cent
No.
per cent
Yes
30
51.7
59
76.6
No
16
27.6
3
3.9
Depends
9
15.5
8
10.4
No Answer
Total
3
5.2
7
9.1
58
100
77
100
Table 7.22. Whether or not the CICL is taken to an available government medical or health officer for a mental examination
Response
Tanod
Police
No.
per cent
No.
per cent
Yes
13
22.4
21
27.3
No
36
62.1
31
40.3
Depends
4
6.9
17
22.1
No Answer
5
8.6
8
10.4
58
100
77
100
Total
Even though the law requires both physical and mental
examination, emphasis has been given to the former
in terms of practice. According to some respondents,
one instance wherein children are brought for mental
examination is when the child obviously suffers from
mental problems. In practice, the mental examination seems to be more of an exception rather than the
general rule.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Also, under the Rules on Juveniles in Conflict with
the law, the duty to bring the child to the appropriate
person or agency for mental examination rests upon
the person who takes the child into custody and this is
not limited to police officers. Comparing the responses
of the barangay tanods and the police officers, more
police officers implement the said provision more than
the former.
DETENTION OF CHILDREN
Section 6 of the Rules on Juveniles in Conflict with
the Law provides that:
Any person taking into custody a juvenile in conflict
with the law shall:
…
(i) Hold the juvenile in secure quarters separate from
that of the opposite sex and adult offenders.
Article 191 of the Child and Youth Welfare Code,
amended, also provided that, a child:
“…if unable to furnish bail, shall from the time of
his arrest be committed to the care of the Department of Social Welfare or the local rehabilitation
center or a detention home in the province or city
which shall be responsible for his appearance in
court whenever required: Provided, That in the
absence of any such center or agency within a reasonable distance from the venue of the trial, the
provincial, city and municipal jail shall provide
quarters for youth offenders separate from other
detainees…” (Emphasis supplied)
When asked if children of the opposite sex are detained
in separate quarters, only 31 per cent of the barangay
tanods and more than half of the police officers (51.9
per cent) replied in the affirmative. Concerning detention of children separate from adults, the figures
given by both the barangay tanods (24.1 per cent) and
police officers (37.7 per cent) are lower. This may be
explained by the observation during the interviews that
in police stations, there are usually only two cells, one
for males and another for females. In the community,
however, there is usually only one holding cell inside
the barangay hall.
Of the 35 children interviewed for the case study, majority (22) said they were not detained separately from
adults, six said they were detained separately, one said
that at first they were detained together with adults but
later on separated, and six children did not provide an
answer. An overwhelming majority (28) of the children
was detained separately from the opposite sex, two said
they were detained with members of the opposite sex,
and five did not provide an answer.
Table 7.23. Whether or not the CICL is detained in quarters separate
from those of the opposite sex
Response
Tanod
Police
No.
%
No.
%
Yes
18
31.0
40
51.9
No
11
19.0
17
22.1
Do Not Know
4
6.9
1
1.3
Do Not Detain
CICL
19
32.8
9
11.7
6
10.3
10
13.0
58
100
77
100
No Answer
Total
Table 7.24. Whether or not the CICL is detained in quarters separate
from those of adult offenders
Response
Tanod
Police
No.
%
No.
%
Yes
14
24.1
29
37.7
No
14
24.1
24
31.2
Do Not Know
3
5.2
Do Not Detain
CICL
17
29.3
10
13.0
10
17.2
14
18.2
58
100
77
100
No Answer
Total
Chapter 7 • Observance of Laws
129
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
TURNOVER OF CHILD
According to article 191 of the Child and Youth Welfare Code as amended, a child:
“…held for physical and mental examination or
trial or pending appeal, if unable to furnish bail,
shall from the time of his arrest be committed to
the care of the Department of Social Welfare or the
local rehabilitation center or a detention home in
the province or city which shall be responsible for his
appearance in court whenever required: Provided,
That in the absence of any such center or agency
within a reasonable distance from the venue of the
trial, the provincial, city and municipal jail shall
provide quarters for youth offenders separate from
other detainees…”
Based on the practice of barangay tanods and the
police officers, children are usually turned over to
the following authorities: DSWD; Youth Detention
Centres, ie, Molave Youth Reception Center, Manila
Youth Reception Center, or Pasay Youth Home; Police Headquarters; Office of the Prosecutor; and the
WCCD. Other places to which or persons to whom
the child is turned over include the following: parents,
homeowner’s associations, courts, barangay chairpersons and the Manila City Hall.
Based on the interviews, the following practice appears: once a barangay tanod arrests a child, the child
is brought to the barangay hall for documentation. The
child is then brought to the police station or a police
officer is summoned to the barangay hall to bring
the child to the police station. In the course of these
proceedings, the barangay tanod usually informs the
family or relatives of the child and they accompany
the child to the police station. When in the custody of
the police, the child is then brought to the appropriate
person or agency for physical and mental examination
as abovementioned.
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Save the Children – UK
Table 7.25. Agency where the CICL is turned over
Agency
No.
DSWD
43
Molave/MYRC/Pasay Youth Home/Youth
centres
37
Appropriate precinct/headquarters/PNP
37
Prosecutor’s Office
14
Women and Children’s Concerned Desk
11
Barangay Chair
11
Parents/Home
4
Courts
3
Homeowner’s association
1
Manila City Hall
Total
1
162
INVESTIGATION OF CHILD
More than half of the barangay tanods (51.7 per
cent) and police officers (54.5 per cent) interviewed
conduct investigation of the child. barangay tanods
who answered in the negative (37.9 per cent) said that
the following persons or offices conduct the investigation instead: police, barangay chairpersons and lupon
members, peace and order committee members, or
barangay kagawads. For the police officers, respondents
said that the investigation, when not conducted by
them personally, is done by the courts, officers from
WCCD, police headquarters, commissioned officers,
police officers from the Criminal Investigation Division
and the precinct officers.
There were a few barangay tanods (6.9 per cent) who
said that they only investigate a child depending on
the following situations: when such order is given by
the barangay chairperson, when the chairperson is not
available, when the barangay tanods executive officer
is not available, or when it is the shift of the barangay
tanod. For the few police officers, they said that they
conduct the investigation only when the Women’s Desk
is not available and only when the child has a lawyer.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 7.26. Whether or not the law enforcer conducts investigation
of the child
Response
Tanod
Police
No.
per cent
No.
per cent
Yes
30
51.7
42
54.5
No
22
37.9
27
35.1
Depends
4
6.9
2
2.6
No Answer
2
3.4
6
7.8
58
100
77
100
Total
Of the 35 children interviewed for the case study, 15
children said that the investigating officers explained
the nature of their offence; 14 children said that the
nature of the offence was not explained to them; and
six children did not provide an answer. Majority (23)
of the 35 children said that the investigating officers
did not inform them of their rights; eight children
said that they were informed of their rights; and four
children did not specify an answer.
PERSON ACCOMPANYING THE CHILD
Section 8 of the Rules on Juveniles in Conflict with
the Law provides that:
The police officer conducting the initial investigation
of a juvenile in conflict with the law shall do so in
the presence of either of the parents of the juvenile;
in the absence of both parents, the guardian or the
nearest relative, or a social welfare officer, and the
counsel of his own choice. In their presence, the juvenile shall be informed of his constitutional rights
during custodial investigation.
The right of the juvenile to privacy shall be protected
at all times. All measures necessary to promote this
right shall be taken, including the exclusion of the
media.
Only 27.6 per cent of barangay tanods and 19.5 per
centof police officers conduct investigation alone with
the child. In this practice, the figure is higher for barangay tanods. During the investigation, children are
usually accompanied by their parents according to the
barangay tanods (81 per cent) and the police officers
(70.1 per cent). After the children’s parents, children are
usually accompanied by their relatives (32.8 per cent)
when being investigated by the barangay tanods, unlike
in the police level where the children are accompanied
by their guardians (31.2 per cent).
Table 7.27. Whether or not the law enforcer conducts investigation
alone with the CICL
Response
Tanod
Police
No.
per cent
No.
per cent
Yes
16
27.6
15
19.5
No
15
25.9
28
36.4
Depends
6
10.3
4
5.2
No Answer
21
36.2
30
39.0
58
100
77
100
Total
Under the law, children are required to be accompanied
by their parents or guardians and lawyers during initial
investigation by a police officer. Of the 35 children
interviewed for the case study, ten said lawyers assisted
them; 29 said they were not; and six children did not
provide an answer.
Table 7.28. Person who usually accompanies the CICL during investigation
Person
Tanod
Police
No.
per cent
No.
per cent
Parents
47
81.0
54
70.1
Guardians
14
24.1
24
31.2
Relative
19
32.8
15
19.5
Social Welfare
Officer
5
8.6
12
15.6
CICL’s Lawyer
None
1
1.7
6
7.8
6
10.3
16
20.8
Chapter 7 • Observance of Laws
131
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
FINGERPRINTS AND PHOTOGRAPHS
Section 9 of the Rules on Juveniles in Conflict with
the Law provides that:
While under investigation, no juvenile in conflict
with the law shall be fingerprinted or photographed
in a humiliating and degrading manner. The
following guidelines shall be observed when fingerprinting or photographing the juvenile:
(a) His fingerprint and photograph files shall be
kept separate from those of adults and shall be kept
confidential. They may be inspected by law enforcement officers only when necessary for the discharge of
their duties and upon prior authority of the Family
Court;
(b) His fingerprints and photographs shall be removed from the files and destroyed: (1) if the case
against him is not filed, or is dismissed; or (2) when
the juvenile reaches twenty one (21) years of age and
there is no record that he committed an offence after
reaching eighteen (18) years of age.
Of the 35 children interviewed for the case study,
22 children were fingerprinted and 18 were photographed.
Only a very small number of barangay tanods (5.2 per
cent) fingerprint children compared with more than
half of police officers (54.5 per cent) who said that
their office fingerprint children. The practice of fingerprinting children is more common with the police.
However, when asked if fingerprint files of children are
kept separate from those of adults, the figures become
smaller, with only 1.7 per cent of barangay tanods and
27.3 per cent of police officers saying that the fingerprint files of children are kept separate from adults.
132
Save the Children – UK
Table 7.29. Whether or not the law enforcer gets the child’s fingerprints
Response
Tanod
Police
No.
per cent
No.
per cent
Yes
3
5.2
42
54.5
No
51
87.9
25
32.5
Do Not Know
2
3.4
2
2.6
No Answer
2
3.4
8
10.4
58
100
77
100
Total
Table 7.30. Whether or not the fingerprint files of CICL are kept
separate from those of adults
Response
Tanod
Police
No.
per cent
No.
per cent
Yes
1
1.7
21
27.3
No
2
3.4
17
22.1
Do Not Know
1
1.7
3
3.9
No Answer
54
93.1
36
46.8
58
100
77
100
Total
With respect to taking the pictures of children, only
a small number of barangay tanods (5.2 per cent)
responded that their officers take the photographs of
children. Taking the pictures of persons arrested do
not seem to be a practice within the community level
with some respondents saying that they do not have
the resources to do so. More than half of police officers
(54.5 per cent) responded that their offices take the
photograph of children. However, only half (24.7 per
cent) said that the photograph files of children are kept
separate from adults.
Table 7.31. Whether or not the law enforcement office photographs
CICL
Response
B.
Police
No.
per cent
No.
per cent
Yes
6
10.3
42
54.5
No
48
82.8
23
29.9
Do Not Know
No Answer
Total
3
3.9
4
6.9
9
11.7
58
100
77
100
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 7.32. Whether or not the photograph files of CICL are kept
separate from those of adults
Response
Tanod
Police
No.
per cent
No.
per cent
Yes
2
3.4
19
24.7
No
4
6.9
26
33.8
3
3.9
Do Not Know
No Answer
Total
52
89.7
29
37.7
58
100
77
100
Table 7.34. Whether or not the law enforcement office remove and
destroy the fingerprints/photograph files when the CICL reaches 21
years of age and there is no record that he committed an offence
after reaching 18 years of age
Response
Table 7.33. Whether or not the law enforcement office removes and
destroys the fingerprint or photograph files if the case against the
CICL is not filed or dismissed
Response
Tanod
Police
No.
per cent
No.
Yes
1
1.7
5
per cent
6.5
No
4
6.9
33
42.9
Do Not Know
1
1.7
9
11.7
No Answer
52
89.7
30
39.0
58
100
77
100
Total
Police
per cent
Yes
No
6
No.
per cent
1
1.3
10.3
32
41.6
Do Not Know
2
1.7
10
13.0
No Answer
51
87.9
34
44.2
58
100
77
100
Total
Based on the answers of both the barangay tanods
and police officers, the removal and destruction of
fingerprints and photograph files of children, if the
case against the child is not filed or dismissed or when
the child reaches the age of 21; and there is no record
that he committed an offence when 18 years of age
is reached, is not practised in both the community
and the law enforcement level. Only 1.7 per cent of
barangay tanods and 6.5 per cent police officers said
that their offices remove and destroy fingerprint and
photograph files of children if the case against the
child is not filed or dismissed. Only 1.3 per cent of
police officers said that their offices remove and destroy
fingerprint and photograph files of children when the
child reaches the age of 21 and there is no record that
he committed an offence when reached the 18 years
of age.
Tanod
No.
RECORD-KEEPING
Section 36 of the Rules on Juveniles in Conflict with
the Law provides that:
All proceedings and records involving juveniles in conflict
with the law from initial contact until final disposition of the case by the Family Court shall be considered
privileged and confidential…
The Family Court shall take other measures to protect
this confidentiality of proceedings including non-disclosure of records to the media, the maintenance of a
separate police blotter for cases involving juveniles in
conflict with the law and the adoption of a system of
coding to conceal material information, which will
lead to the juveniles’ identity.
In practice, only a few offices where respondent barangay tanods and police officers work keep the blotters
and records separate for children in conflict with the
law. Only 13.8 per cent of barangay tanods and 33.8
per cent police officers said that their offices keep
separate blotters and only 15.5 per cent of barangay
tanods and 33.8 per cent of police officers said their
officers keep separate records. The number of police
officers who said their offices keep separate records
and blotters for children is slightly higher than that of
barangay tanods.
Chapter 7 • Observance of Laws
133
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Table 7.35. Whether or not the law enforcement office keeps separate blotters for CICL
Response
Tanod
Police
No.
per cent
No.
per cent
Yes
8
13.8
26
33.8
No
46
79.3
34
44.2
Do Not Know
No Answer
Total
3
3.9
4
6.9
14
18.2
58
100
77
100
Table 7.36. Whether or not the law enforcement office keeps separate records for CICL
Response
Tanod
Police
No.
per cent
No.
per cent
Yes
9
15.5
26
33.8
No
44
75.9
34
44.2
Do Not Know
1
1.7
3
3.9
No Answer
4
6.9
14
18.2
58
100
77
100
Total
SUMMARY AND ANALYSIS
An overwhelming majority of law enforcement officers,
both barangay tanods and police officers, identify
themselves as such to children upon arrest. They also
present identification, ie, ID or badges, and usually
wear their uniforms. At the time of arrest, they inform
the child as to the reasons for the arrest. After which,
the law enforcement officers notify the DSWD, police,
parents, barangay officials and the WCCD. However,
interview with the children revealed that although the
reason for their arrest were explained to majority of
them, the majority of the apprehending officers did not
identify themselves as such and most of the children
were not informed of their rights.
Even though both physical and mental examination
are required by law, in practice, emphasis has been
given to the former. In fact, majority of the children
interviewed were brought to the appropriate persons
or agencies for medical examination. It is only in obvious cases, ie, child is evidently mentally challenged,
wherein children are brought for mental examination.
In practice, mental examination seems to be more of an
134
Save the Children – UK
exception rather than the general rule. Also, under the
Rules on Juveniles in Conflict with the law, the duty to
bring the child to the appropriate person or agency for
mental examination rests upon the person who takes
the child in custody and this is not limited to police
officers. Comparing the responses of the barangay
tanods and the police officers, the latter implements
said provision more than the former.
In police precincts, majority of the respondents said
children are detained in quarters separate from that
of the opposite sex. However, with respect to separate
detention of children from adults, the figure is much
lower. Compared with the responses of police officers,
barangay tanods gave a much lower figure when asked
if children are detained separately from the opposite sex
and from adults. This may be explained by the observation during the interviews that in police stations, there
are usually only two cells, one for arrested males and the
other for females. In the community, there is usually
only one holding cell inside the barangay hall.
Majority of the children interviewed were not detained
in quarters separate from adults and there were a few
children detained with members of the opposite sex.
Based on the practice of barangay tanods and police
officers, children are usually turned over to the following authorities: DSWD; youth detention centres
such as the Molave Youth Reception Center, Manila
Youth Reception Center, or the Pasay Youth Home;
police headquarters; Office of the Prosecutor; and the
WCCD. Other places to which or persons to whom
the child is turned over include the following: parents,
homeowner’s association, courts; barangay chair and
Manila City Hall.
Based on the interviews, the following practice appears: once a barangay tanod arrests a child, the child
is brought to the barangay hall for documentation. The
child is then brought to the police station or a police
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
officer is summoned to the barangay hall to bring
the child to the police station. In the course of these
proceedings, the barangay tanod, usually informs the
family or the relatives of the child and they accompany
the child to the police station. When in the custody of
the police, the child is then brought to the appropriate
person or agency for physical and mental examination
as abovementioned.
Despite the rule to the contrary, there are a number of
barangay tanods and police officers who conduct investigations alone with the child and the figure is higher
for barangay tanods. Majority of the respondents,
however, said that they conduct the investigation of
the child in the presence of another person. Children
are usually accompanied by their parents followed by
relatives in cases wherein the investigation is being
conducted by the barangay tanods; and by guardians
when it is done by police officers. Although required by
law, the investigation of children is usually conducted
without the presence of a lawyer.
Only a very small number of barangay tanods fingerprint children compared with more than half of
the respondent police officers. The practice of fingerprinting children is more common with the police.
However, when asked if fingerprint files of children
are kept separate from those of adults, the figures
become smaller, both with the barangay tanods and
with police officers.
With respect to taking the pictures of children, only a
small number of barangay tanods responded that their
officers take the photographs of children. Taking the
pictures of persons arrested do not seem to be a practice within the community level with some barangay
tanods saying that they do not have the resources to
do so. More than half of respondent police officers said
that taking the photograph of children is practised in
their office. However, only half of said respondents said
that the photograph files of children are kept separate
from adults.
Based on the answers of both barangay tanods and
police officers, the removal and destruction of fingerprint and photograph files of children, if the case
against the child is not filed or dismissed or when
the child reaches the age of 21 and there is no record
that he committed an offence when 18 years of age is
reached, is rarely practised in both the community and
law enforcement level.
Only few offices, where respondent barangay tanods
and police officers work, keep the blotters and records
separate for children in conflict with the law. The number of police officers who said that their offices keep
separate records and blotters for children is slightly
higher than that of barangay tanods.
Comparing the answers of the police officers and
barangay tanods, more police officers implement the
provisions of the law than the latter – from informing
the children the reason for their custody, taking the
child to the appropriate agencies for physical and mental examination, detaining children in quarters separate
from adults and that of the opposite sex, investigating
the child in the presence of another person, and providing separate blotters and records for children. This
is because police officers receive more training on the
legalities of apprehension and the rules that should
be followed when apprehending persons, especially
children, compared to barangay tanods. As barangay
tanods also come into direct contact with children
in conflict with the law and they are sometimes the
first contact that the child has in the criminal justice
system, focus should be given to the training of the
barangay tanods on the proper handling of children
in conflict with the law, not only in terms of what is
provided under the law but also in handling the child
with sensitivity.
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Court And Prosecution
BACKGROUND
The prosecution and trial of the child is under the
jurisdiction of the Family Courts. The establishment
of the Family Court is based on R.A. No. 8369.
The Family Courts shall have exclusive original jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused
is below eighteen (18) years of age but not less
than nine (9) years of age, or where one or more
of the victims is a minor at the time of the commission of the offense; Provided, That if the minor
is found guilty, the court shall promulgate sentence
and ascertain any civil liability which the accused
may have incurred. The sentence, however, shall be
suspended without need of application pursuant to
Presidential Decree No. 603, otherwise known as
the “Child and Youth Welfare Code.” x x x
i) Cases against minors cognisable under the Dangerous Drugs Act, as amended;
x x x.387
The rules of procedure that apply to cases involving
Children in Conflict with the Law are the Rules on
Juveniles in Conflict with the Law, Administrative
Matter No. 02-1-18-SC, which became effective on
15 April 2002. Supplemental are the Revised Rules
of Criminal Procedure, to the extent compatible with
the former.
Although the said rules are the most recent promulgation on children, provisions of P.D. 603, as amended,
that are applicable to children are still in force, including some provisions on suspension of sentence.
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PROCEDURE
The procedure governing the prosecution and trial of
the child is governed by the recent Rules on Juveniles
in Conflict with the Law. This Rule has the effect of
revising the relevant provisions of the Rules of Court
over cases, which involve children.
The prosecution of a child begins upon the filing of a
complaint with the prosecutor or the municipal trial
court if a preliminary investigation is required, or
directly with the Family Court, if preliminary investigation is not required.388 Note that in Manila and in
most chartered cities, the complaint shall be filed with
the Office of the Prosecutor.389 Cases, which do not
require preliminary investigation, are those that are
subject to the summary procedure.390
The prosecutor or the municipal trial court judge
conducts the preliminary investigation in accordance
to the provisions of Section 3, Rule 112, Revised Rules
on Criminal Procedure.391
Sec. 3. Procedure.– The preliminary investigation
shall be conducted in the following manner:
(a) The complaint shall state the address of the
respondent and shall be accompanied by the affidavits of the complainant and his witnesses, as well
as other supporting documents to establish probable
cause. They shall be in such number of copies as
there are respondents, plus two (2) copies for the
official file. The affidavits shall be subscribed and
sworn to before any prosecutor or government official
authorized to administer oath, or, in their absence
or unavailability, before a notary public, each of
whom must certify that he personally examined the
affiants and that he is satisfied that they voluntarily
executed and understood their affidavits.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
(b) Within ten (10) days after the filing of the
complaint, the investigating officer shall either
dismiss it if he finds no ground to continue with the
investigation, or issue a subpoena to the respondent
attaching to it a copy of the complaint and its supporting affidavits and documents.
The respondent shall have the right to examine
the evidence submitted by the complainant which
he may not have been furnished and to copy them
at his expense. If the evidence is voluminous, the
complainant may be required to specify those which
he intends to present against the respondent, and
these shall be made available for examination or
copying by the respondent at his expense.
Objects as evidence need not be furnished a party but
shall be made available for examination, copying,
or photographing at the expense of the requesting
party.
(c) Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits
and documents, the respondent shall submit his
counter-affidavit and that of his witnesses and
other supporting documents relied upon for his
defence. The counter-affidavits shall be subscribed
and sworn to and certified as provided in paragraph
(a) of this section, with copies thereof furnished by
him to the complainant. The respondent shall not
be allowed to file a motion to dismiss in lieu of a
counter-affidavit.
(d) If the respondent cannot be subpoenaed, or
if subpoenaed, does not submit counter-affidavits
within the ten (10) day period, the investigating
office shall resolve the complaint based on the
evidence presented by the complainant.
(e) The investigating officer may set a hearing if there
are facts and issues to be clarified from a party or
a witness. The parties can be present at the hearing
but without the right to examine or cross-examine.
They may, however, submit to the investigating
officer questions, which may be asked to the party
or witness concerned.
The hearing shall be held within ten (10) days
from submission of the counter-affidavits and other
documents or from the expiration of the period for
their submission. It shall be terminated within five
(5) days.
(No.) Within ten (10) days after the investigation,
the investigating officer shall determine whether or
not there is sufficient ground to hold the respondent
for trial.
Hearings may be conducted for clarificatory questions,
in which case, the Rule on Examination of a Child Witness shall apply.392 If the investigating prosecutor finds
probable cause to hold the child for trial, he or she shall
prepare the corresponding resolution and information,
furnishing the child, the parents or nearest relative or
guardian, and the child’s counsel, copies of the approved resolution.393 The corresponding information
shall be filed in the Family Court having jurisdiction
over the offence.394
Where the case involved falls under the Rule on
Summary Procedure, the child shall be released on
recognizance to their parents or other suitable person
who shall be responsible for the child’s appearance in
court when required.395 Otherwise, the child shall be
admitted to bail. Bail shall be a matter of right, except
in cases where the imposable penalty is death, reclusion perpetua or life imprisonment. However, where
the child does not pose a threat to public safety, the
Family Court may order the release of the child on recognizance.396 In the latter cases, the child may not be
admitted to bail when the evidence of guilt is strong.397
In cases where the child cannot furnish bail or is denied
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bail, he or she shall be committed by the family court
to the care of the DSWD, a youth detention centre, or
a local rehabilitation centre recognised by the government. Such centre or agency shall be responsible for
the appearance of the child in court.398
When the criminal case has been instituted in court, the
court social worker shall immediately conduct a case
study of the child, his/her family, his/her environment
and other relevant matters that will facilitate the proper
disposition of the case. The case study report shall be
submitted to the family court within the period fixed,
preferably before arraignment.399
In cases where the maximum penalty imposable is imprisonment of not more than six months, or only a fine,
the case shall be referred to the Diversion Committee
for determination of whether or not the child can be
considered for Diversion Proceedings.400 Otherwise,
the case shall be set for arraignment.
The arraignment shall be scheduled within seven days
from the date the information is filed with the Family
Court, unless a shorter period is provided. It shall be
conducted in the chambers of the judge, furnishing the
child a copy of the complaint or information, and reading it to him or her in a familiar language, explaining
the nature and consequences of a plea of guilty or not
guilty, and asking him or her what the plea is.401
The pre-trial of the child shall be conducted in accordance with the Revised Rules of Criminal Procedure,
which shall consider the following:
(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the
parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused admits
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the charge but interposes a lawful defense; and
(f ) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the
case.402
All agreements and admissions made during the pretrial conference shall be in writing and signed by the
child and his/her counsel; otherwise, they may not be
used against the child.403 Non-appearance of either the
counsel for the child or the prosecutor shall be subject
to proper sanctions or penalties.404 The judge, reciting
the actions taken, the facts stipulated and evidence
marked, shall issue a pre-trial order. This shall have
the effect of controlling the course of the action during the trial, unless modified by the court to prevent
manifest injustice.405
The trial of the child shall be conducted in a manner
conducive to the best interests of the child,406 and shall
be guided by the following principles:
SEC. 30. Guiding Principles in Judging the Juvenile.–
Subject to the provisions of the Revised Penal Code, as
amended, and other special laws, the judgment against
a juvenile in conflict with the law shall be guided by
the following principles:
1. It shall be in proportion to the gravity of the offense,
and shall consider the circumstances and the best
interests of the juvenile, the rights of the victim,
the needs of society in line with the demands of
restorative justice.
2. Restrictions on the personal liberty of the juvenile
shall be limited to the minimum. Where discretion
is given by law to the judge to determine whether
the penalty to be imposed is fine or imprisonment,
the imposition of the former should be preferred as
the more appropriate penalty.
3. No corporal punishment shall be imposed.407
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
After trial, the court shall determine whether the child
is guilty or not guilty. If the child is not guilty, the court
shall order the dismissal of the case. Otherwise, it shall
impose the proper penalty, including any civil liability,
and promulgate the sentence in accordance with the
provisions of the Revised Rules on Criminal Procedure
on Promulgation of Judgment.408
Sec. 6. Promulgation of judgment. – The judgment
is promulgated by reading it in the presence of the
accused and any judge of the court in which it was rendered. However, if the conviction is for a light offense,
the judgment may be pronounced in the presence of
his counsel or representative. When the judge is absent
or outside the province or city, the judgment may be
promulgated by the clerk of court.
If the accused is confined or detained in another
province or city, the judgment may be promulgated
by the executive judge of the Regional Trial Court
having jurisdiction over the place of confinement or
detention upon request of the court which rendered
the judgment. The court promulgating the judgment
shall have authority to accept the notice of appeal and
to approve the bail bond pending appeal; provided, that
if the decision of the trial court convicting the accused
changed the nature of the offense from non-bailable to
bailable, the application for bail can only be filed and
resolved by the appellate court.
The proper clerk of court shall give notice to the
accused personally or through his bondsman or
warden and counsel, requiring him to be present
at the promulgation of the decision. If the accused
was tried in absentia because he jumped bail or
escaped from prison, the notice to him/her shall
be served at his/her last known address.
the promulgation shall be made by recording the
judgment in the criminal docket and serving him/
her a copy thereof at his/her last known address
or through his/her counsel.
If the judgment is for conviction and the failure
of the accused to appear was without justifiable
cause, he/she shall lose the remedies available in
these rules against the judgment and the court
shall order his/her arrest. Within fifteen (15)
days from promulgation of judgment, however,
the accused may surrender and file a motion for
leave of court to avail of these remedies. He/she
shall state the reasons for his/her absence at the
scheduled promulgation and if he/she proves that
his/her absence was for a justifiable cause, he/she
shall be allowed to avail of said remedies within
fifteen (15) days from notice.409
Where the child is found guilty, the sentence shall
automatically be suspended after the promulgation of
sentence. The case shall be the subject of the disposition conference, which shall be set within 15 days from
the date of promulgation. The court social worker, the
child, and his parents or guardian ad litem shall attend
the conference. The court shall issue any of the following disposition measures:
1. Care, guidance, and supervision orders;
2. Community service orders;
3. Drug and alcohol treatment;
4. Participation in group counselling and similar
activities;
5. Commitment to the Youth Rehabilitation Center of
the DSWD or other centers for Children, authorized
by the Secretary of the DSWD.410
In case the accused fails to appear at the scheduled
date of promulgation of judgment despite notice,
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The DSWD shall be in charge of monitoring the disposition measure, and shall regularly submit a status and
progress report to the family court. The court may set
a conference for evaluation, preferably in the presence
of the child, his or her parents or guardian or other
persons whose presence may be deemed necessary.411
Automatic suspension of sentence shall, however, not
be applicable in the following cases:
1. if the child has already enjoyed suspension of
sentence;
4. The child has wilfully failed to comply with the conditions of his disposition or rehabilitation program;
or
5. The child’s continued stay in the training institution where he has been assigned is not in his best
interests.414
Should judgment be executed, the child may apply
for probation, if qualified under the provisions of the
Probation Law.415
3. if at the time of promulgation, the child has
already reached at least 18 years of age.412
All proceedings and records involving children in
conflict with the law from initial contact until final
disposition of the case by the court shall be considered
privileged and confidential. The public may even be
excluded from the proceedings.416
In such cases, the child shall serve the sentence accordingly.
Measures to protect confidentiality may include the
following417:
2. if the offence is punishable by death, reclusion
perpetua or life imprisonment; or,
The family court shall dismiss the case against the child
who has been issued disposition measures, and order
a final discharge if it finds that the child has behaved
properly and has shown a capability to be a useful
member of the community, and upon recommendation
by the proper officer or agency.413
1. Non-disclosure of records to the media;
On the other hand, the child shall be brought before
the court for the execution of judgment in the following instances:
4. Records shall not be used in subsequent proceedings
or cases involving the same offender as an adult.
1. The child has not behaved properly;
2. The child has been incorrigible;
3. The child has not shown the capability of becoming
a useful member of society;
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2. Maintenance of a separate police blotter for cases
involving children in conflict with the law;
3. Adoption of a system of coding to conceal material
information, which will lead to the child’s identity;
5. The court shall order the sealing of records in accordance with the provisions of Section 38 of the Rules
on Juveniles in Conflict with the Law.418
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
DATA
Table 7.38. Special considerations/programmes for CICL
Programmes for children. When the respondents were
asked if they have specific programmes for children,
majority (69.2%) have answered positively. Several
respondents answered in the negative (21.5 per cent)
and two respondents said it depends on certain circumstances.
Table 7.37.Whether or not the family court has special considerations/programmes for CICL
Response
Programme
No.
Monitor CICL
7
Special treatment to CICL
6
Priority in scheduling hearing of CICL cases
6
Implementation of diversion
5
Sensitive cases heard inside the chambers
5
Orders release of child in recognisance
6
Coordination with other agencies/NGOs
4
Involvement of barangay officials
3
Judge/court personnel conducts counselling
3
CICLs brought to institutions/rehabilitation centres
3
No.
per cent
Yes
45
69.2
Impose minimum penalty
2
No
14
21.5
Court social worker order to prepare intake report
2
Depends
2
3.1
Use of livelink
1
No Answer
4
6.2
Hold family conferences
1
65
100
Child sensitive
1
Implement rules on child witness
1
Referrals to doctors/psychologists
1
Involvement of CICL’s parents
1
Home visits
1
Orient CICL to court processes
1
Disposition conferences
1
Reparation of damages
1
Reprimand/citation
1
Total
The respondents were consequently asked what these
special programmes or consideration they practise in
their family courts. Monitoring the child is the most
common programme that respondents practise, with
seven respondents giving such answer. Next were giving the child special treatments and giving priority in
scheduling hearings of child cases, with six respondents
who provided for such answers. In addition, the more
common responses were implementation of diversion
proceedings, conducting hearings of sensitive cases inside the judge’s chambers, and issuing orders to release
the child on recognisance.
Participation in community programmes
Total
1
64
Disposition conferences. When asked whether their
respective family courts conduct disposition conferences, 60 per cent of the respondents said they did,
while 27.7 per cent said they did not. Although most
of them did answer that their courts conduct disposition conferences, it was not clarified if they follow
the procedure according to the Rules on Juveniles in
Conflict with the Law.
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Table 7.39. Whether or not the family court conducts disposition
conferences
Response
No.
per cent
Yes
39
60.0
No
18
27.7
Depends
3
4.6
No Answer
5
7.7
65
100
Total
Those who answered “depends”, constituting 4.6 per
cent of the respondents, specified the instances when
their family courts conduct disposition conferences, ie,
depending on the nature of offence; the final disposition of suspended sentence; or the parents of the child
complainant and child in conflict with the law.
Diversion. Thirty-seven (37) respondents said their
respective family courts already have a diversion committee. Although this number is a majority, comprising
56.9 per cent, a considerable number of respondents
said they did not have a diversion committee in their
courts, or that the existence of a diversion committee
depends on certain circumstances, ie, decision of the
prosecutors or the nature of the offence.
During some of the interviews, it appeared that some
respondents are not aware of the diversion committee
in their courts, even if it was possible that there already
was a diversion committee.
Table 7.40. Whether or not the family court already has a diversion
committee
RESPONSE
No.
per cent
Has diversion committee
37
56.9
Has no diversion committee
22
33.8
Depends
2
3.1
No Answer
4
6.2
65
100.0
Total
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Majority of the respondents (55.4 per cent) answered
that their family courts practised diversion proceedings
under the Rules. However, quite a substantial number
of respondents also said their courts did not practise
it, and a couple of respondents said that it depends on
the private complainant.
Table 7.41. Whether or not the family court practises diversion proceedings under the Rules on Juveniles in Conflict with the Law
Response
No.
per cent
36
55.4
22
33.8
Depends
2
3.1
No Answer
5
7.7
65
100
Family court practises diversion
proceedings
Family court does not practise diversion proceedings
Total
For those who answered that their family courts practised diversion, they were also asked to state which
specific programmes their courts practise.
Counselling programmes garnered the most number of
affirmative answers with 30 respondents. Some courts,
according to 24 respondents, also practised guidance
and supervision orders. Return of property (with 22
affirmative responses) was the third among the most
number of affirmative responses, followed very closely
by written or oral reprimand or citation, payment
of the damage caused (both with 21 affirmative responses), written and oral apology (with 20 affirmative
answers) and institutional care and custody (with 18
affirmative answers).
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 7.42. Specific programmes for diverted CICL
Programme
No.
per cent
Counselling for the CICL and his
family
30
46.2
Guidance and supervision orders
24
36.9
Return of property
22
33.8
Written or oral reprimand or
citation
21
32.3
Payment of the damage caused
21
32.3
Written or oral apology
20
30.8
Institutional care and custody
18
27.7
11
16.9
9
13.8
Values formation
5
7.7
Anger management skills
4
6.2
4
6.2
Participation in available communitybased programmes
Work-detail programme in the
community
Problem solving and/or conflict
resolution skills
Multiple response: N = 65
Trial of children’s cases. When asked if their courts
excluded the public during trials of CICL cases, less
than a majority said yes (38.5 per cent) while 30.8
per cent of them said that the exclusion of the public
during trial depends on certain circumstances, which
are outlined on the table below. It is common practice
among family courts to conduct the hearing of cases
involving children in conflict with the law in public.
Closed-door hearings are more of an exception.
Table 7.44. Whether or not the court allows the exclusion of the
public from trial of CICL cases
Response
No.
per cent
Yes
25
38.5
No
15
23.1
Depends
20
30.8
No Answer
5
7.7
65
100
Total
Guardian ad litem. Out of the 25 respondents who
gave this response, most of them said that their family
courts appoint guardians ad litem in cases where the
child has no parents or guardians with him or her.
Moreover, in some instances, even when there are
parents, the parents and the family are not capable of
giving guidance to the CICL during the hearings.
Table 7.45.Special circumstances when trials involving CICL are held
in private
Circumstance
5
Victim is also a minor
4
CICL requests exclusion of public
2
Nature of the case
2
Sensitive cases
1
For arraignment only
Table 7.43. Instances when the family court appoints a guardian ad
litem for a CICL
Response
No.
No parents/guardians
11
No lawyer
1
Family/parents not capable
5
When CICL released on recognizance
3
Parents can’t be found/unknown
2
CICL engaged in prostitution
1
CICL exploited
1
Children from remote areas
Total
1
25
No.
Sex-related offences
Total
1
15
When asked if there are specific days assigned for trials of children only, most respondents (53.8 per cent)
said they did not have such special days assigned. A
considerable number, however, said they did (33.8 per
cent) but some of them explained that they assigned
a specific time during the day for the hearing of children, which is usually at the end of the criminal days
calendar for the day, to ensure that no other person not
involved with CICL cases are inside the court room
anymore. The instances where there are specific days
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assigned for trial only of children, which those who
answered “depends” have cited, include cases involving child complainants and depending on the nature
of offences committed.
Table 7.46. Whether or not there are specific days assigned for the
trial ONLY of CICL (to the exclusion of other criminal cases)
RESPONSE
Response
No.
Accused
22
Youth offender
13
Minor
12
By name
7
Juvenile
6
Juvenile delinquent
5
No.
per cent
1 Yes
39
60.0
Juvenile in conflict with the law
4
2 No
18
27.7
Minor offender
3
3 Depends
3
4.6
Minor accused
3
No Answer
5
7.7
65
100
Minor/child suspect
2
Child/children
2
Minor in conflict with the law
2
Vagrant
2
Defence/defendant
2
Parties
1
Juvenile offender
1
Anak (“my child”)
1
Private offender
1
Total
Labelling of children. Most of the respondents (22)
said that lawyers and court officers generally refer
to the child in conflict with the law as “accused.” A
considerable number still refer to the child as a “youth
offender” and “minor.” In other instances, although a
relatively small number, the child is still referred to as
“juvenile delingquent,” “suspect,” “vagrant,” “suspect,”
“minor/child suspect,” etc. However, there are a few
who already refer to the CICL as “juvenile in conflict
with the law” or “minor in conflict with the law,” or
referring to the child by his/her given name or using
terms of endearment like, “anak” or “child.”
Confidentiality and privacy. It can be seen from the
responses that most of the interviewees practise confidentiality. Although some did not answer this response,
most of the respondents showed positive reaction to the
response. Most of them said that the court requires that
permission for anyone to see the records is necessary.
Others also said they conduct interviews with the CICL
in confidence and privately. Media people are also not
allowed by some. A few of them also seal the case study
reports and keep them on separate files.
144
Table 7.47. Terms used by lawyers and court officers in family courts
to refer to CICL
Save the Children – UK
Suspect
Total
1
90
Table 7.48. Measures taken to protect the confidentiality/privacy of
the CICL (from the time of filing up to the termination of the case)
Measure
No.
Require permission from judge to see records
25
Interview with CICL confidential and private
6
Media not allowed
5
Case studies sealed in envelope/separated
3
CICL records kept separate
3
Trial in chambers/public excluded
3
Documents stamped with Juvenile in Conflict with
the Law
2
Do not discuss case with others
2
No practice
Total
1
50
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
SUMMARY AND ANALYSIS
Based on data generated from the interviews with
respondents from the court and prosecution pillar, it
is apparent that majority of them are at least familiar
or aware of the procedure involving the prosecution
and trial of cases involving children in conflict with
the law, and whose family courts are conducting the
trial of CICL cases in accordance with the Rules on
Juveniles in Conflict with the Law.
It must be noted, though, that respondents made certain explanations regarding their own interpretation
of the Rules. While a few discussed that their courts
followed the Rules to the letter, some of them apply
the Rules liberally, especially when it involves the application of the diversion programmes.
According to the Rules, diversion proceedings before
arraignment shall only apply if the CICL is charged
with an offence punishable by imprisonment for a
maximum period of not more than six months, or if
the penalty is only a fine, regardless of amount.419 Based
on the remarks of several respondents, they conduct
diversion proceedings even if the offence involved is
punishable by imprisonment of more than six months.
They say there are very few cases nowadays, which
involve penalties less than six months. If they do not
apply diversion proceedings for CICL cases, which do
not qualify under the law, most, if not all of these cases
will have to undergo the regular procedure, and will
generally not be to the best interests of the child.
The data gathered for this project reveals that majority
of the respondents affirm the existence of a diversion
committee in their respective courts. However, their
observations on how the procedure is applied shows
that there is no hard and fast rule for the courts to
follow, given the different situations that may involve
court dockets, and limitations in facilities in courts.
Although some respondents appeared at a loss on how
to conduct diversion proceedings, they claim that they
use their best judgment in conducting proceedings to
ensure that they consider the best interests of the child,
even if they do not strictly abide by the Rules.
It can be observed further that although most of the
respondents said their courts have diversion committees and practise the diversion proceedings, quite a
number of them said that their courts still do not.
Notably, the Rules became effective on 15 April 2002.
Given the lapse of time from its effectivity to the dates
the interviews for this project was conducted, it may be
inferred that strict compliance to the Rules by family
courts has not been enforced fully.
Based on the comments of some respondent judges,
it seems that they have not been properly informed or
briefed on how the Rules should apply. Consequently,
their liberal and informal application takes precedence,
of course with consideration of the best interests of
the CICL.
Worth noting are the responses of the interviewees to
the questions including the exclusion of the public
during trial of CICL cases (See Q.5.8 under C Data).
Majority said their courts allowed for exclusion, and
close to that number said that “it depends.” At the
onset, it would appear that there are courts, which do
not comply with the Rule on exclusion. If the Rules will
be read closely, however, it states that the courts may
exclude the public.”420 This means it is not mandatory.
Hence, the courts are giving the discretion to determine
whether the public will be excluded or not.
Another notable observation is the respondents’ answers to the questions on what terms are used by court
officers and lawyers during proceedings to refer to the
CICL. According to some of them, the officers refer
to children as “accused,” “accused minor”, “juvenile
delinquent,” “minor,” generally. While a few refer to
the CICL by their first names, most of them still use
terms, which according to the Rules are prohibited
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terms.421 Somehow, this shows that the courts have
generally not yet strictly enforced the prohibition
against labelling of children.
In sum, most of the data gathered can show that some
family courts are already compliant with the Rules on
Juveniles in Conflict with the Law. However, it is also
very clear that the enforcement of the Rules, as well
as the premises that touch on the best interests of the
child, which the Rules are based on, has much room
for improvement.
APPLICABLE RULES ON PRELIMINARY
INVESTIGATION
According to the Rules on Juveniles in Conflict with
the Law, where preliminary investigation is required,
the rules that will be followed will be the provisions of
Section 3 of Rule 112 of the Revised Rules on Criminal Procedure. If these provisions were to be applied,
it would take at least 25 days422 before the case will
be filed or dismissed, if the prosecutor finds grounds
to continue with the investigation and if he finds it
necessary to set the case for hearing.
It would appear that at least 25 days might not be
favourable to the child considering that most children
would have been detained during the duration of the
Preliminary Investigation. Upon the filing of information, the court may immediately order the release of
the child on recognizance or on bail. Except in certain
circumstances, it would not be in the best interest of the
child to be held in custody for 25 days only while his
or her case is undergoing preliminary investigation.
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It may be recommended that the same diversion proceedings as in the family courts be applied even during
the preliminary investigation stage, to ensure that the
release of the child will be facilitated.
APPLICABILITY OF THE RULE ON SUMMARY
PROCEDURE FOR CHILDREN’S CASES
Some of the respondents have suggested that to ensure
that the children’s cases will be expedited, the procedure
that may be applied will be the Rule on Summary
Procedure. It would seem that if the CICL case does
not qualify for diversion under the Rules on Juveniles
in Conflict with the Law, the child goes through the
trial in accordance with the Revised Rules of Criminal
Procedure, which applies to accused adults as well.
It is noticeable that although the Rules on Juveniles in
Conflict with the Law has introduced new procedures
for the prosecution and trial of CICL, it would still
seem that the procedure that generally applies, particularly in the preliminary investigation, pre-trial, trial and
promulgation stages, are the provisions of the Revised
Rules of Criminal Procedure, with reference to the Rule
on the Examination of Child Witness. The expediency
that is being sought in dealing with CICL cases may
not be fully answered by the new rules.
Applying the Rule on Summary Procedure may be
one way to ensure the protection of the best interests
of the child. The Rule on Summary Procedure was
also discussed in the preceding chapter on City and
Barangay Ordinances.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Bureau of Jail Management and
Penology Officials and House Parents
BACKGROUND
The following officials were interviewed as representatives of the correction level:
• Bureau of Jail Management and Penology (BJMP)
officers
• Houseparents in youth detention centres
In Parañaque and Caloocan where there are no separate detention centres for children in conflict with the
law, BJMP officers where interviewed to represent the
correction level. Although there is a separate youth
detention centre in Quezon City, which is the Molave
Youth Reception Center, the Center also receives assistance from the BJMP in terms of security. Hence,
the BJMP officers assigned in Molave were also interviewed. In Pasay Youth Homes and Manila Youth
Reception Center, the respective houseparents assigned
were interviewed. Houseparents assist in providing the
basic need, ie, food and clothes, of children in conflict
with the law. To maintain a more liberated atmosphere
than the jail, youth detention centres employ houseparents rather than jail guards.
PROCEDURE
If a child is unable to furnish bail after arrest, he or she
is required to be committed to the care of the DSWD,
the local rehabilitation centre or a detention home
in the city while being held for physical and mental
examination, trial or pending appeal. The centre is the
one responsible for the child’s appearance in court.423
DATA
Separate detention quarters
Separate from convicted juveniles. In Caloocan and
Parañaque where children are detained in city jails, children undergoing trial are not separated from children
who have already been convicted by courts. According
to one BJMP official interviewed in Parañaque, the city
jail detains children sentenced with imprisonment of
three years or less.
In Manila, Pasay and Quezon City where there are
separate detention and rehabilitation centres, officials
from Manila and Pasay responded that children undergoing trial are kept separate from convicted children at
the Manila Youth Reception Center and Pasay Youth
Home. In Quezon City, convicted children are not
detained at the Molave Youth Reception Center.
Separate from adult offenders. In Caloocan and
Parañaque city jails where adults are also detained,
the cells of male children are separate from the cells
of male adults. Nevertheless, it has been observed that
there have been instances wherein children mingle
freely with adult inmates since all cells are located in
one building (Parañaque City Jail) or one compound
(Caloocan City Jail).
Based on the interviews with BJMP officials in the
Caloocan City Jail, female children are kept separate
from female adult offenders. However, in Parañaque,
female children are detained with female adults. According to the officials interviewed, there are only few
female children and female adult offenders detained.
Separate cells for male and female CICL. Except for
one, all respondents (87.5 per cent) from the five cities
said that male children are kept separate from female
children. One respondent did not give an answer.
During the interviews conducted, it was observed
that children indeed have separate quarters from that
of the opposite sex.
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Table 7.49. Whether or not male CICL are separate from female
CICL
Response
No.
per cent
Yes
7
87.5
No
0
-
No Answer
1
12.5
8
100
Total
Table 7.50. How to ensure that the CICL has a valid commitment
order issued by competent authority
Response
No.
Confirm order by court/judge
2
Ensure inquest by fiscal
1
Ensure medical certificate is presented
1
Total
4
ENSURING PRIVACY AND CONFIDENTIALITY
RULES AND REGULATIONS
When respondents were asked how they ensure that
the communication of the child with his or her counsel
is private and confidential, six of the respondents said
they make sure the interview between the child and the
lawyer is private. Some of the respondents indicated
that the counsel and the child are left alone and if possible, use of a private room is granted, ie, in the chapel
or office of the BJMP official.
When asked if there are rules and regulations in detention facilities, 75 per cent of the respondents answered
“yes”. Two of the respondents did not give an answer.
When asked if there are separate rules and regulations
for children, 50 per cent of the respondents answered
“no”; 37.5 per cent answered “yes”; and one (12.5 per
cent) respondent did not give an answer.
VALID COMMITMENT ORDER
When asked if they ensure that the child has a valid
commitment order issued by a competent authority,
four of the respondents replied in the positive. Said
respondents ensure such by: confirming that an inquest
has already been conducted by the public prosecutor or
fiscal; making sure that a medical certificate is presented; or confirming the order by the court or judge.
However, in one interview, one of the respondents
brought forth the information that there were instances
wherein parents asked jail officials to temporarily
keep the child for “safekeeping.” The child may have
encountered trouble outside (ie, in gangs, fraternities,
or school trouble). Even without a criminal case, the
child is then detained in jail.
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Table 7.51. Whether or not there are rules and regulations in the
detention facilities
Response
No.
per cent
Yes
6
75.0
No
0
-
No Answer
2
25.0
8
100
Total
Table 7.52. Whether or not there are separate rules and regulations
for CICL
Response
No.
per cent
1 Yes
3
37.5
2 No
4
50.0
No Answer
1
12.5
8
100
Total
However, when asked if they provide children with a
copy of such rules and regulations, 50 per cent of the
respondents said that the rules and regulations were
not written; 37.5 per cent said they give children a
copy; and one (12.5 per cent) respondent did not give
an answer.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 7.53. Whether or not the CICL is provided with a copy of the
rules and regulations mentioned
Response
No.
per cent
Yes
3
37.5
No
0
-
Do Not Know
0
-
Rules and Regulations Not Written
4
50.0
1
12.5
8
100
No Answer
Total
RECORD KEEPING
When asked if their office keep separate records for
children and adults, majority of the respondents (62.5
%) said “yes.” Two respondents (25 per cent) said
“no,” and one respondent (12.5 per cent) did not give
an answer. The respondents who answered “no” and
said they do not keep a separate record for children,
are from Caloocan and Parañaque City Jails, where
children are detained with adults.
MEDICAL EXAMINATION
An overwhelming majority of the respondents (87.5
per cent) said that children undergo medical examination upon admission to the detention facility. One
(12.5 per cent) respondent did not give an answer.
Table 7.54. Whether or not CICL undergo medical examination upon
admission to the detention facility
Response
No.
per cent
Yes
7
87.5
No
0
-
No Answer
1
12.5
8
100
Total
INTERPRETER
With respect to the availability of an interpreter for a
child who does not understand the language used by
detention personnel, an overwhelming majority of the
respondents (87.5 per cent) said there is no interpreter
available. One (12.5 per cent) respondent did not give
an answer.
Table 7.55. Whether or not there is an interpreter available for CICL
who do not understand the language used by detention personnel
Response
No.
per cent
Yes
0
-
No
7
87.5
Do Not Know
0
-
No Answer
1
12.5
8
100
Total
Table 7.56. Whether or not the office keeps separate records for
CICL and adults
Response
No.
per cent
Yes
5
62.5
No
2
25.0
No Answer
1
12.5
8
100
Total
In order to maintain the confidentiality of the children’s
records, the respondents restrict access to records,
require the permission of the warden before accessing
the records, or assign a record officer or social worker
to keep the records.
Table 7.57. How confidentiality of the CICL’s records is maintained
Response
No.
Access restricted
4
Request permission of warden
1
Record officer assigned
1
Social Worker keeps the records
Total
1
7
When asked if the children may contest their files, an
equal number of respondents answered “yes” (37.5 per
cent) and “no” (37.5 per cent). One respondent each
(12.5 per cent) answered “do not know” and gave no
answer. For those who answered “yes,” respondents
said the procedure to contest the files might be done
through the courts with the record officer, or by producing proof of the item contested.
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Table 7.58. Whether or not CICL are allowed to contest their file/record
Response
Yes
No
No.
per cent
No.
per cent
3
37.5
Yes
7
87.5
37.5
No
1
12.5
1
12.5
Total
8
100
1
12.5
8
100
3
Do Not Know
No Answer
Total
Table 7.59. Procedure for contesting files/records of CICL
Response
No.
Through the courts
1
Talk with record officers
1
1
Produce proof
Total
PROVISIONS:
3
BED, PERSONAL EFFECTS, FOOD
Majority of the respondents (50 per cent) said the
children are provided with separate, sufficient and
clean beddings, 25 per cent answered “no,” and 25 per
cent said that it “depends.” With respect to children
staying in jails, the availability of beddings depends
on the donations of civic organisations and NGOs. In
jails, children usually sleep on the floors covered with
papers or mattresses, if available.
Table 7.60. Whether or not CICL are provided with separate, sufficient and clean bedding
Response
No.
per cent
Yes
4
50.0
No
2
25.0
Depends
2
25.0
8
100
Total
Table 7.61. Whether or not CICL are allowed to use their own
clothing
Response
Majority of respondents (62.5 per cent) said they allow the child to possess personal effects in detention;
two respondents (25 per cent) said they do not allow
the child; and one respondent (12.5 per cent) said it
depends on the personal effects. A child may be allowed
to have personal effects provided such cannot be used
as weapons.
Table 7.62. Whether or not CICL are allowed to possess personal
effects
Response
No.
per cent
Yes
5
62.5
No
2
25.0
Depends
1
12.5
8
100
Total
When asked how much amount is allotted for the
children’s food, six out of eight respondents gave the
following answers: Php30 (5); Php20 (1 from Molave
Youth Reception Center); and Php90 (1 respondent
from Caloocan City Jail). Across the cities, Php30 is
the common amount allotted for the food of children
based on the answers of the respondents.
Table 7.63. Amount allotted per day for the food of the CICL
Amount
An overwhelming majority of respondents (87.5 per
cent) said they allow the child to use his or her own
clothing. One respondent (12.5 per cent) said they do
not allow the child to use their own clothing.
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No.
Twenty pesos
1
Thirty pesos
5
Ninety pesos
Total
1
7
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
EDUCATION AND TRAINING
According to majority (62.5 %) of the respondents,
their institutions provide children with the opportunity to continue their education. Three (37.5 %) of
the respondents, from Parañaque City Jail and Pasay
Youth Home, answered “no.” According to 6 (75 %)
of the respondents, the classes are conducted inside
the institution.
Table 7.64. Whether or not the CICL are provided opportunity to
continue their education
Vocational trainings given to children in detention
may include any of the following: candle making,
electrical training, cooking, paper recycling, toy making, handicraft, cross stitch, sewing;, slipper making
or rosary bead making.
Table 7.67.Type of vocational training available to CICL
Vocational training
No.
Candle making
4
Paper recycling
1
Electrical training
2
No.
per cent
Cooking
2
Yes
5
62.5
Toy making
1
No
3
37.5
Handicraft
1
Total
8
100
Cross stitch
1
Sewing
1
Slipper making
1
Response
Table 7.65. Whether education is conducted inside or outside the
institution
Response
No.
per cent
Inside
6
75.0
Outside
0
-
No Answer
2
25.0
8
100
Total
According to the respondents in institutions, which
allow children to continue their education, the children
are allowed to finish elementary (42 per cent), high
school (42 per cent), vocational training (8 per cent),
and others (8 per cent) like non-formal education.
1
Rosary bead making
Total
15
According to respondents (58.3 per cent), the trainings
and seminars available to children inside institutions
include the following: hygiene and health, vocational
training, bible study, and skills training. Values formation (25 per cent), anger management skills (8.3 per
cent), and problem solving skills (8.3 per cent) are also
available to children.
Table 7.68. Type of training and seminars to which CICL have access
Type of training/seminar
Table 7.66.Level of education the CICL are allowed to finish
Level of education
1
Problem Solving and/or Conflict Resolution Skills
1
3
No.
per cent
Elementary
5
42
Values Formation
High School
5
42
Others
College
0
-
Vocational training
1
8
Others
1
8
12
100
Total
No.
Anger Management Skills
Total
7
12
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Majority (62.5 per cent) of the respondents said there
is a library inside the detention centres. Three respondents (37.5 per cent), from Molave Youth Reception
Center and Caloocan City Jail, said there is no library
inside the detention centre.
MEDICAL CARE
Table 7.69.Availability of a library inside the detention centre
Table 7.72.Types of medical care available to the CICL
Response
The most common medical care available to children in
detention are dental care and pharmaceutical products.
Other medical care available includes mental care,
preventive care and ophthalmological care.
No.
per cent
There is a library
5
62.5
Dental
8
There is no library
3
37.5
Pharmaceutical products
7
Do Not Know
Mental
3
No Answer
Preventive
1
Total
8
100
Types of medical services
No.
Ophthalmological
1
Total
20
RELIGIOUS SERVICES
All of the respondents said that religious services are
allowed inside the detention centres and that children
are given the right to be visited by religious representatives.
Table 7.70. Whether or not religious services are allowed inside the
detention centre
Response
No.
per cent
1 Yes
8
100.0
2 No
0
-
3 Do Not Know
0
-
No Answer
0
-
8
100
Total
COMMUNICATION
All of the respondents said that children are allowed to
communicate with their families and friends through
letters. However, with respect to communication
through telephone, half of the respondents (50 per
cent) said that children are not allowed to communicate by phone, 25 per cent said “yes,” and 25 per cent
said that “it depends,” ie, whether the situation is an
emergency.
Table 7.73. Whether or not the CICL are allowed to communicate
with families and friends through letters
Response
Table 7.71. Whether or not the CICL are given the right to receive
visits from a representative of the religion of their choice
Response
No.
per cent
Yes
8
100.0
No
0
-
Total
8
100
No.
per cent
Yes
8
100.0
No
0
-
Total
8
100
Table 7.74. Whether or not the CICL are allowed to communicate
with families/friends through the telephone
Response
No.
per cent
Yes
2
25.0
No
4
50.0
Do Not Know
0
-
Depends
2
25.0
8
100
Total
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RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
One half (50 per cent) of the respondents replied that
they “do not know” if children are allowed to visit their
homes and families. Three respondents (37.5 per cent)
said they allow the children, and only one (12.5 per
cent) said that children are allowed to visit their homes
and families. However, the respondents mentioned that
there were cases wherein children were allowed to visit
their homes and families when there is a court order
or when there is death in the family.
Table 7.75. Whether or not CICL are allowed to visit their homes
and families
Response
No.
per cent
Yes
1
12.5
No
3
37.5
Do Not Know
4
50.0
8
100
Total
ACCESS TO TELEVISION AND NEWSPAPER
According to all the respondents (100 per cent),
children have access to television. With respect to
newspapers, majority of the respondents (75 per cent)
replied that children do not have access to newspapers
in their institutions.
TREATMENT OF CHILDREN
With respect to questions on the treatment of detention officials, some respondents were quite adamant in
answering questions. Based on their answers, six out
of eight respondents revealed that they rarely observed
their colleagues use force or physical harm on the child
nor do they place child in solitary confinement. However, one respondent indicated that it happened.
Five out of eight respondents said they did not witness
sexual harassment or abuse of children and carrying
of firearms or weapons in front of the child. With
respect to carrying of weapons in front of the child,
two of the respondents revealed that it occurs in their
institutions. Four out of eight respondents said they
have not observed the use of profane or vulgar words
and two out of eight respondents have observed such
on their colleagues.
According to the respondents, the use of handcuffs on
children by their colleagues is commonly observed.
Three respondents said they have not observed it,
one said it was common, and three have observed it
happening.
Table 7.76. Whether or not the CICL have access to television
Response
No.
per cent
Yes
8
100.0
No
0
-
Total
8
100
Table 7.77. Whether or not the CICL have access to newspapers
Response
No.
per cent
Yes
2
25.0
No
6
75.0
Total
8
100
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Table 7.78. Distribution of responses by observed behaviour of detention personnel when relating to CICL and frequency of the behaviour
Behaviour among detention personnel
Use of vulgar/profane words
1
Not At All
4
2
3
1
1
Sexually harass or abuse
5
1
Carry firearms or weapons in front of child
5
1
Use handcuffs
3
3
Use force or physical harm
6
Place child in solitary confinement
6
4
5
Common
1
1
1
No
Answer
2
Total
8
2
8
1
8
1
8
2
8
1
8
The disciplinary measures imposed in the general
population of prisoners, including adults, are the same
as the disciplinary measures imposed on children. In
imposing discipline, withdrawal of privileges, close
confinement and advice are given to both child and
adult. Officials also dialogue with the child and provide
counselling as disciplinary measures.
FOLLOW-UP
Table 7.79. Type/kind of disciplinary measures generally imposed
inside the detention centre
Table 7.81. Provision of follow-up services after the release of CICL
Disciplinary measures
No.
Withdrawal of privileges
2
Close confinement
2
Give advice
1
Dialogue with disciplinary board
Total
1
6
Table 7.80. Type/kind of disciplinary measure imposed on CICL inside
the detention centre
Type/kind of disciplinary measure
4
Close confinement
1
Give advice
1
Dialogue with CICL
1
Counselling
Total
154
No.
Withdrawal of privileges
Save the Children – UK
2
9
Only one-fourth of the respondents said they provide
follow-up services upon release of the child. Of these
respondents, two said they visit the home of the child
or provide the child with livelihood loan. The rest of
the respondents (75 per cent) replied that they do not
provide livelihood services.
Response
Yes
No.
2
No
6
Total
8
Table 7.82. Type of follow-up services provided by the institution
Follow-up service
Home visit
Livelihood loan
Total
No.
1
1
2
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
PERSONNEL
According to the respondents, the most common personnel in detention centres are social workers (21 per
cent), teachers (17.2 per cent), psychiatrists (17.2 per
cent), and psychologists (17.2 per cent). Counsellors
(10 per cent) and vocational instructors (3.4) are also
available. Others include dentists, doctors, criminologists, nurses, and house parents.
Table 7.83. Type of personnel in the detention centre
Type of personnel
No.
Teachers
5
Psychiatrists
5
Psychologists
5
Social Workers
6
Counsellors
3
Vocational Instructors
1
Others
Total
4
29
ESCAPES
Among the eight respondents, one respondent from
Quezon City (Molave Youth Reception Center) and
Pasay City (Pasay Youth Home) revealed that one
escaped in Molave and two escaped in Pasay. A news
report on 12 September 2002 revealed that 30 minors
escaped from the Manila Youth Reception Center by
sawing the bars off the dormitory windows.424
According to the respondents, in cases wherein the
child tried to escape or did escape and was later recaptured. Penalties include the following: solitary
confinement, physical punishment, transfer to Marillac, filing of additional case, counselling, and the child
being placed again in detention.
Table 7.84. Penalties imposed on CICL who have tried to escape or
who escaped but were later on recaptured
Penalty
No.
Solitary confinement
2
Detained back in jail
1
Physical punishment
1
Placement in Marillac
1
Counselling
1
Filing of additional case
1
Total
7
ALLEGATIONS OF ABUSE
According to the respondents, in cases wherein there is
an allegation of abuse by one child against another, one
or several of the following procedures are followed: an
investigation is conducted by the guard or houseparent
on duty or the disciplinary board; an investigation is
conducted by the warden or the Inspection and Investigation Branch and the warden decides; an investigation
is first conducted by the chair of the cell, the results are
forwarded to the Inspection and Investigation Branch,
and the BJMP gives the final decision; there is suspension of privileges; or counselling is given to the child.
Table 7.85. Procedure followed when there is an allegation of abuse
of one CICL by another
Procedure
No.
Investigation by the guard/houseparent on duty
2
Investigation by the disciplinary board
2
Counselling
1
Suspension of privileges
1
Investigation by the warden
1
Investigation by the Inspection and Investigation
Branch and Warden decides
Investigation by “chairman” in the cell; forward
to the Intelligence and investigation Branch;
BJMP final decision
Total
1
1
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According to the respondents, when there is an allegation of abuse committed by a detention official against
a child, the following procedure is undertaken: filing
of an administrative case before the BJMP; investigation by the disciplinary board; investigation by the
guard or houseparent on duty; or investigation by the
Inspection and Investigation Branch. One respondent
replied that no procedure if undertaken when there is
such an allegation.
Table 7.86. Procedure followed when there is an allegation of abuse
of a CICL by an official of the detention centre
Procedure
No.
Administrative case before the BJMP
2
Investigation by disciplinary board
2
None
1
Investigation by guard/houseparent on duty
1
Investigation by the Inspection and Investigation
Branch
1
Total
7
According to the respondents, the following officials
conduct the investigation when there is an allegation
of abuse committed against a child: disciplinary board,
warden, guard on duty, inspection and investigation
unit, house parent, or the prison cell chairperson.
Table 7.87. Personnel in charge of investigating allegations of
abuse committed against CICL
Personnel
2
Warden
2
Inspection and Investigation Unit
2
Guard on duty
1
Houseparent
1
Prison cell chairperson
Total
156
No.
Disciplinary board
Save the Children – UK
1
9
VISITS BY JUDGES
According to the respondents, judges visit the institutions once a year (37.5 per cent) or more than three
times. Some respondents said the judges never visited
(12.5 per cent). Others visited the institutions they
work for twice or thrice.
Table 7.88. Frequency by which judges visit the detention centre
Frequency
No.
Never
1
Once a year
3
2 or 3 times a year
1
More than 3 times
Total
3
8
SUMMARY AND ANALYSIS
With respect to correction level, a major concern is
the lack of separate detention centres for children
in conflict with the law, specifically in the cities of
Caloocan and Parañaque. This has been pointed out
by several surveys and studies conducted before this
project. Even though the children are detained inside
cells separate from adults in said cities, the children still
have the opportunity to mingle closely with adults since
their cells are located in one compound. Aside from
the lack of separate detention centres, said cities face
challenges in terms of keeping a healthy and sanitary
environment and facilities for the physical health of the
children detained. An increase in the food allowance
of children is also in order for their maximum growth
and development given the circumstances they are in.
Medical services available to children should also be
expanded.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Programmess for the education and psychosocial rehabilitation of the children also need strengthening.
Children who were studying before their detention
should be given the opportunity to continue their
studies or pursue activities that would enrich their
mental and psychological well-being. Focus should be
given on not only vocational, skills training, and moral
development of the child but education services that
would be able to let him or her continue his or her
studies after detention.
studies, they suggested the following recommendations
to the correction pillar:
Rules and regulations, both written and oral, in the
detention facilities and city jails are applicable to both
adult and children. There may be a need to establish
separate rules and regulations for children due to their
special circumstance. The imposition of disciplinary
measures on the general population of prisoners,
including children is also a cause for concern. In
imposing discipline, withdrawal of privileges, close
confinement and advice are given to both child and
adult. The appropriateness of these forms of discipline
on children may be questioned.
• To improve the manner of discipline given to
them
As to the treatment of detention officials, some respondents were quite adamant in answering questions.
Although rare, use of force or physical harm on the
child or placement of child in solitary confinement
has been witnessed as with the carrying of weapons in
front of the child and use of profane or vulgar words.
The use of handcuffs on children has been commonly
observed.
With respect to the improvement of services offered by
the correction level, children themselves gave suggestions. When 35 children were interviewed for the case
• To treat children humanely and respect them
properly
• To provide them education and other training
skills
• To strictly separate the males from the females
• To provide venue and opportunity for open-forum activities
• For more officials to take care of their cases
• To be given more food
• To provide recreational activities
The children also requested for additional funding
for:
• Food
• Adequate and clean water
• Medicines
• Clothing supplies, slippers, and toiletries
• Proper ventilation
• Books and other educational supplies
• Recreational activities
• Other training programmes
• Trash cans
• For cleaning and beautification purposes
• More rehabilitation centres and services
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Probation
BACKGROUND
Probation officers in Caloocan, Pasay and Quezon
City with experience in handling such cases were
interviewed. According to the probation officers in
Parañaque and Manila, there was no incidence of
children (including persons who were minors at the
time of commission but already adults at the time
of promulgation) that applied for probation in their
respective cities.
In general, the Probation Law of 1976, as amended, does not cover children in conflict with the law.
However, if the child has previously enjoyed the
benefits of suspended sentence, he can no longer
avail of suspension of sentence again.425 Instead,
the child may apply for probation provided he is
not disqualified from such. Under the law:
The benefits of this Decree shall not be extended to
those:
(a) Sentenced to serve a maximum term of imprisonment of more than six years;
(b) Convicted of subversion or any crime against the
national security or the public order;
(c) Who have previously been convicted by final judgment of an offense punished by imprisonment of not
less than one month and one day and/or a fine of
not less than Two Hundred Pesos;
(d) Who have been once on probation under the provisions of this Decree; and
(e) Who are already serving sentence at the time the
substantive provisions of this Decree became applicable pursuant to Section 33 hereof.”426
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PROCEDURE427
In case the child is qualified, he or she may apply to
the court, which gave the order of conviction. Under
the law, the filing of the application is deemed a waiver
of the right to appeal. Upon order of the court, the
probation officer is mandated by law to conduct an
investigation and submit a report within 60 days from
receipt of order.
The court must resolve the application for probation within five days from receipt of the report. An
order granting or denying the probation cannot be
appealed.
If granted, the probation order takes effect immediately
upon its issuance. The court may, during the period of
probation, revise or modify the conditions or period
of probation upon application of the probationer or
the probation officer.
If a violation of the conditions by the probationer is
established, the court may revoke or continue his or
her probation and modify the conditions thereof. If
revoked, the court shall order the probationer to serve
the sentence originally imposed.
After the period of probation and upon consideration
of the report and recommendation of the probation
officer, the court may order the final discharge of the
probationer when there is a finding that he or she has
fulfilled the terms and conditions of his/her probation.
Thereupon, the case is deemed terminated.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
DATA
When the probation officers were asked to provide the
average number of persons who were minors at the time
of commission but already of age at the time of promulgation who applied for probation, an overwhelming
majority (83.3 per cent) of the probation officers gave
the figure five or less. One probation officer did not
give an answer.
An overwhelming majority (83.3 per cent) of the
probation officers also know of instances wherein the
applicant for probation was minor at the time of commission and promulgation of sentence. One probation
officer said that he did not know of such an instance.
Table 7.89. Whether or not respondents know of minors [at the
time of commission and promulgation] who availed of probation
Response
When the probation officers were asked to identify
the conditions to probation often violated by the child
granted probation, they identified the following conditions as most common:
• Regular reporting to probation officer (16.7 per
cent);
• Reside at premises approved by it and not to
change his/her residence without its prior written
approval (16.7 per cent); and
• Other conditions related to the rehabilitation of
the child (16.7 per cent).
Table 7.91. Conditions under the Probation Law of 1976 that are
often violated by CICL
Condition
No.
Present himself/herself to the probation officer designated to undertake his/her supervision at such place as
maybe specified in the order within seventy-two hours
from receipt of said order
1
No.
per cent
Yes
5
83.3
No
1
16.7
Report to the probation officer at least once a month
at such time and place as specified by said order
2
6
100
Cooperate with a programme of supervision
1
Meet his/her family responsibilities
0
No Answer
Total
When asked if the minority of the applicant at the
time of the commission of the crime is a positive
factor in granting the application for probation, two
thirds (66.7 per cent) of the respondents said “yes”.
One third of the probation officers interviewed did
not give an answer.
Table 7.90. Whether or not the minority of the applicant at the time
of the commission of the crime is a positive factor in granting the
application for probation
Response
No.
per cent
Yes
4
66.7
No
0
-
No Answer
2
33.3
6
100.0
Total
Devote himself/herself to a specific employment and
not to change said employment without the prior written approval of the probation officer
Undergo medical, psychological or psychiatric examination and treatment and enter and remain in specified
institution, when required for that purpose
1
Pursue a prescribed secular study or vocational training
1
Attend or reside in a facility established for instruction,
recreation or residence of persons on probation
1
Refrain from visiting houses of ill-repute
0
Abstain from drinking intoxicating beverages to excess
1
Permit the probation office or an authorised social
worker to visit his home and place of work
Reside at premises approved by it and not to change
his residence without its prior written approval; or
2
Other conditions related to the rehabilitation of the
defendant and not unduly restrictive of his/her liberty
or incompatible with his/her freedom of conscience
2
Total
12
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Out of four probation officers who responded, one
responded that probation has a positive effect on the
child while three said that probation has no positive effect on the child. Two officers did not give an
answer.
Table 7.92. Observed effect of probation on CICL compared with
adult offenders who were also granted probation
Observed effect
No.
Positive effect
1
None
3
6
An overwhelming majority of the probation officers
(83.3 per cent) interviewed responded that there is no
difference in the programme of supervision between
adults and children. One probation officer (16.7 per
cent) said there was a difference and that the child is
given an individualised treatment.
Table 7.93. Whether or not there is a difference between the programme of CICL and adult offenders granted probation
Response
No.
per cent
Yes
1
16.7
No
5
83.3
Total
6
100
When asked if there is a separate facility for the instruction, recreation or residence of persons on probation
who were minors at the time of commission of the
crime, an overwhelming majority (83.3 per cent) of
the probation officers interviewed gave no answer. One
probation officer (16.7 per cent) responded that there
is a separate facility.
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Response 5.7
No.
per cent
Present
1
16.7
Not present
0
-
No Answer
5
83.3
6
100
Total
SUMMARY AND ANALYSIS
2
No answer
Total
Table 7.94. Presence of a separate facility established for instruction,
recreation or residence of persons on probation who were minors
at the time of commission of the crime
When the probation officers were asked about cases
of probation granted to children, cases wherein the
offence was committed while the applicants were still
children and they were still minors at the time of application or already adults at the time of application,
they were able to recall only a few instances. When the
researcher visited the office of the Probation Administration to inquire about data on probation of those
who were minors at the time of the commission of the
offence, they were told that data were not segregated
and presented according to the age of the applicant at
the time of the commission of the offence. There is no
way of tracing cases of probationers who were minors
at the time of commission of the offence.
The lack of concrete data on probation granted to minors may be explained by the few children who were
convicted again for a second offence which exempts
them from availing of suspension of sentence again and
their current sentence may be for more than six years,
or their previous conviction was imprisonment not less
than one month and one day or a fine of not less than
Php200, excluding them from the provisions of the
Probation Law of 1976, as amended. This lack of data
is aggravated by the insufficient centralised system of
monitoring and recording cases of children in conflict
with the law, from the time of their arrest up to the
time of release or service of sentence.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
There are also cases wherein the child changes his/her
name upon succeeding arrests. If such is the case and
if it remains undiscovered by officials during the trial,
the child may again be placed under suspension of
sentence if found guilty.
In instances wherein the child comes under probation,
it is up for the probation officers to determine the age of
the child, or if he or she is already an adult, to inquire
on the age at the time of commission. Although only a
few probation officers were interviewed compared with
other pillars, majority of those interviewed said that
there is no difference in the programme of supervision
between adults and children. This may explain their
responses when asked if they think probation has a
positive effect on children compared with adults – only
one said it has a positive effect. However, majority of
them said that when the applicant for probation committed the offence while still a minor, such a factor is
positively considered for recommending to the court
the approval of the application for probation.
With respect to the conditions of probation commonly
violated by the children, two of them are related to the
residence of the child: change of residence without permission and failure to report regularly to the probation
officer. During the interviews for all the pillars, there
were respondents who said that when parents move
residences, they take the child with them, regardless
of the consequences for the trial, rehabilitation or
probation. The government officers have a hard time
tracing the child, especially when the family left for
the province.
City Social Workers
BACKGROUND
The appointment of a social welfare and development
officer is mandatory for city governments and they take
charge of the office of social welfare and development
services. Although the responsibility of the national
level DSWD with respect to children in conflict with
the law was not among the functions devolved to the
cities, city social workers extend social services to said
children. The city social workers come in contact and
work with children in their respective cities once they
enter the criminal justice system, specifically, when a
case has already been filed in the family courts.
DATA
Based on the interviews conducted, Pasay City has the
highest number of social workers (30), followed by
Caloocan (11), and Parañaque (8). The exact number
of city social workers in Manila and Quezon City,
where there are several offices scattered throughout the
respective cities, is unknown.428
In cities where there is a separate detention and rehabilitation centre for children in conflict with the law,
the numbers of social workers assigned are as follows:
Manila Youth Reception Center (5), Pasay City Youth
Home (5) , Molave Youth Reception Center (10).
In the cities of Caloocan and Parañaque where the
children are detained in city jails, two and eight social
workers work with the children, respectively.
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Table 7.95. Total number of city social workers and those working
with CICL by city
City
Total CSW
CSW
Working
with CICL
Pasay City
30
5
Caloocan
11
2
Parañaque City
8
8
Manila
Quezon City
no data
5
no data
10
Although city social workers become involved in all
stages of the criminal justice system, from arrest to
release of the child and upon serving sentence, an overwhelming majority becomes involved with the children
at the following stages: upon release (17.5 per cent),
trial (16.25 per cent), detention pending trial (16.25
per cent), and rehabilitation (16.25 per cent).
Table 7.96. Stages in the criminal justice system where social workers
get involved in the case of CICL
Stage
No.
Upon Release
14
Trial
13
Detention pending trial
13
Rehabilitation
13
Preliminary Investigation
7
While Serving Sentence
6
Police Investigation
6
Arrest
2
Others
6
Total
80
Among others, city social workers extend the following assistance to the children: counselling; case
management; home visitation; legal assistance (through
follow-up to the court and lawyers); and medical,
dental and psychological assistance.
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Table 7.97. Specific assistance provided by the city social worker to
CICL
Assistance
No.
Counselling
10
Case management
10
Home visitation
8
Legal assistance (follow-up court, public
defender, etc.)
7
Medical/dental/psychological assistance
6
Skills management/training
4
Educational assistance
4
Catechism/spiritual assistance
3
Provide food
2
Livelihood skills
1
Total
55
Majority of the social workers get involved in cases
through referrals (62 per cent). When asked to identify
the persons who made the referrals, the social workers identified the police, lawyers, court personnel,
barangay officials and concerned citizens. The child’s
parents, guardians or relatives (19 per cent) and NGOs
also inform the city social workers about the case of
the child, initiating the involvement of the city social
workers. One city social worker indicated that they
learn of the case of the child during jail visitations,
hence, they get involved in the case and the welfare
of the child.
Table 7.98. How the city social worker gets involved in the case of
CICL
Response
No.
per cent
Referrals
13
62
Parent/Guardians/Relatives
4
19
NGOs
1
5
Others
3
14
21
100
Total
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 7.99. Persons or agencies who made referrals to the city social
worker
Person/Agency
No.
Police
11
Court
4
Lawyers
2
Barangay officials
1
Concerned citizens
Total
1
19
SUMMARY AND ANALYSIS
As mentioned above, the responsibility of the DSWD
central office with respect to children in conflict with
the law was not among the functions devolved to the
cities. However, based on the interviews of city social
workers conducted for this project, they already extend
social services to said children. The services are more
comprehensive with respect to cities with separate
detention and rehabilitation centres for children like
Manila, Pasay and Quezon City. This is due to the
full-time work and focus given by social workers to
children already detained in said centres.
In terms of services, the national-level DSWD may
consider devolving such to city social workers since
they are already performing such functions. However,
in terms of keeping centralised information nationally
on children in conflict with the law, including networking with NGOs and facilitating the dissemination
of such information, this is a function suited to the
national office.
Based on the interviews, city social workers usually get
involved with the children upon their release or from
the trial stage onwards, including detention during
trial. Although some of the city social workers get involved during the arrest period, the arrest and detention
after arrest stages are areas that should be given focus.
Even if the law provides immediate turnover of the
child to the DSWD or local rehabilitation centre,429
there are instances wherein the child has to spend days
in the jails in police precincts after their arrest. One
way this may be prevented is for the social workers to
conduct regular visits in police precincts.
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BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
8 Diversion
This chapter presents the data collected on the views
and practices of the respondents across all pillars of
the criminal justice system regarding diversion. On
April 15, 2002, the Rules on Juveniles in Conflict with
the Law issued by the Supreme Court became effective. The Rules defined diversion and provided for its
coverage and procedure. However, for the purposes of
the questionnaires,430 diversion was defined, not as the
specific and technical term used in the Supreme Court
Rule on Juveniles in Conflict with the Law but as a
general principle that the child should be removed from
criminal justice processing, ie, settle the case within the
respective five pillars of the criminal justice system or
not to proceed with the case itself.
Basis
The Convention of the Rights of the Child provides
that:
3. States Parties shall seek to promote the establishment of laws, procedures, authorities and
institutions specifically applicable to children
alleged as, accused of, or recognized as having
infringed the penal law, and, in particular:
… (b) Whenever appropriate and desirable,
measures for dealing with such children without resorting to judicial proceedings, providing
that human rights and legal safeguards are fully
respected.
4. A variety of dispositions, such as care, guidance
and supervision orders; counselling; probation;
foster care; education and vocational training
programmes and other alternatives to institutional care shall be available to ensure that
children are dealt with in a manner appropriate
to their well-being and proportionate both to
their circumstances and the offence.
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In compliance with its provisions, the Supreme Court
of the Philippines issued the Rules on Juveniles in
Conflict with the Law,431 which took effect on 15
April 2002.
The Rules define diversion as “…an alternative childappropriate process of determining the responsibility
and treatment of a juvenile in conflict with the law
on the basis of his/her social, cultural, economic,
psychological or educational background without
resorting to formal court adjudication”432 and diversion programmes as “programmes that the juvenile in
conflict with the law is required to undergo in lieu of
formal court proceedings.”433
The diversion programme covers offences where the
maximum penalty imposed by law for the offence with
which the child in conflict with the law is charged is
imprisonment of not more than six months, regardless of fine or fine alone regardless of amount, and the
corresponding complaint or information is filed with
the Family Court.434
The procedure provided in the Rule is as follows:
1. Referral to Diversion Committee
Instead of setting the case for arraignment, the
case will be referred to the Diversion Committee.435 Pending determination by the Committee,
the court shall deliver the child on recognisance to
the custody of his or her parents or legal guardian
who shall be responsible for the presence of the
child during the diversion proceedings.436
2. Conference
The chairperson of the Committee shall call for
a conference with notice to the child, his or her
parents/legal guardian and his or her counsel, and
the private complainant and his or her counsel,
and recommend to the Family Court whether the
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
child should be diverted to a diversion programme
or undergo formal court proceedings.437
3. Diversion recommended438
If the Committee recommends diversion, it shall
submit the diversion programme439 for the child
for the consideration and approval of the court.
The Family Court shall set the recommendation
and diversion programme for hearing within 10
days from receipt thereof.440
4. Closure order
The child, subject of diversion proceedings, shall
be visited periodically by the Family Court social
worker who will submit to the Committee his or
her reports thereon. If the child has complied with
his or her undertaking, the Family Court shall issue the corresponding closure order terminating
the diversion programme.441 In the event the court
finds that the diversion programme will no longer
serve its purpose, it shall include the case of the
child in its calendar for formal proceedings.442
[See Figure 8.1 for the flowchart of the diversion procedure.]
Views and Practice of the Five Pillars
DIVERSION OF CHILDREN FROM THE CRIMINAL
JUSTICE SYSTEM
Majority of the Community respondents (66 out of
118) and Barangay Tanod (31 out of 58) agree that
ALL children should be diverted. Respondents from
the Correction pillar were equally divided in terms of
their responses. Majority of the City Social Workers
(11 out of 17), Police (38 out of 77), and the Court
and Prosecution (28 out of 65) answered that diversion
will have to depend on several factors.
In considering diversion, the priority and most common consideration among respondents is the gravity
and nature of the offence committed by the child. The
respondents said that their answers depend on the following factors: <table 8.2>
LEVEL WHERE DIVERSION SHOULD OCCUR
When given the choice, most of the respondents from
the Community (77), Police (40), Probation (4), and
City Social Workers (12) think diversion should occur
at the community level. However, most of the Court
and Prosecution (29) and Correction (4) officials think
that diversion should occur at all levels.
The emphasis on community as the level at which the
diversion process should occur may be explained by the
community’s role in the life of a child. The community
is composed of families to which a child belongs and
its role in the formation of the child. Most of the interviewed respondents rely on the community, as the
pillar, which is most familiar with the children and their
family background. The members of the community
interact with the child on a more personal level.
Chapter 8 • Diversion
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Table 8.1. Distribution of responses regarding whether or not ALL CICL should be diverted from the criminal justice system by pillar
Pillar of justice*
Response
COMM
POL
BT
CRT/PROS
CORR
PROB
CS W
Yes
66
27
31
24
4
2
6
No
13
11
4
11
0
0
0
Maybe
38
38
22
28
4
4
11
No Answer
Total
1
1
1
2
0
0
0
118
77
58
65
8
6
17
* COMM stands for community; POL for police; BT for barangay tanod; CRT/PROS for courts and prosecution; CORR for correction; PROB
for probation and CSW for city social worker.
Table 8.2. Considerations for diversion
Factor
No.
Gravity and nature of the offence
76
Child is recidivist/repeat offender
12
Case to case basis
6
Personality or nature of the child
5
Preference of complainant
4
Age of child
4
Cicl under the influence of drugs
2
Early resolution
1
Precinct
1
1
To separate from convicts
Total
112
Table 8.3. Distribution of responses by Level where diversion should occur and by pillar
Level
Community
COMM
77
POL
BT
CRT/PROS
27
40
Law Enforcement
6
5
5
7
Prosecution
2
3
3
6
Court
1
2
3
10
All Levels
22
13
8
29
CORR
3
PROB
CSW
4
12
2
1
1
4
4
Table 8.4. Distribution of responses by whether or not the respondent PERSONALLY practises diversion and by pillar
Response
POL
BT
CRT/PROS
No.
%
No.
%
60.3
48
73.8
13
76.5
16
27.6
12
18.5
3
17.6
7
12.1
5
7.7
1
5.9
58
100
65
100
17
100
%
No.
%
No.
%
Yes
78
66.1
36
46.8
35
No
26
22.0
35
45.5
No Answer
14
11.9
6
7.8
118
100
77
100
Total
166
COMM
No.
Save the Children – UK
CSW
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
PRACTICE OF DIVERSION
Majority of the respondents interviewed across all the
pillars personally practise diversion. The City Social
Worker (76.5 per cent) and the Court and Prosecution pillar (73.8 per cent) had the highest number of
respondents who answered that they personally practise
diversion; followed by the Community (66.1 per cent).
Among the pillars, the Police had the lowest number
of respondents who practise diversion (46.8 per cent).
According to some of the police officers, they do not
practise diversion because they do not want to be accused by the complainants of favouring the children
or of receiving money from the parents of the child.
To prevent these accusations, they just endorse the case
to the public prosecutors or the courts.
Based on the interview of Community and Barangay
Tanod respondents, the following forms of diversion
practices emerged:
• Procedure under the Katarungang Pambarangay
Law
• Informal talks with the child, giving him advice
• Children are given three chances, otherwise they
are turned over to the DSWD
• Child asked to sign a letter, which promises that
he will no longer violate the law
• Ask child to clean the streets or tasks to beautify
barangay
• Call parents of the child and ask them to sign an
agreement
• Talk with both parties and urge them to settle the
case amicably
• Give sermon to parents and/or the child
• Ask parents or child to pay damages
• Give warning to first offenders
• Ask children why they committed the crime
With respect to the Police officers, they practise the
following forms of diversion:
• Talk with the Complainants and if they agree, ask
them to sign the blotter
• Ask the parents of the child to sign the blotter if
there is settlement
• Encourage parents of child to talk with Complainant and the latter to settle the case
• To reprimand the child, ask child to clean the
office
• If first time offender, child is given a warning and
a second chance
• Ask guidance counsellor of school to be a witness
• Refer the child to the barangay
• Lecture the child, especially the parents
The Court and Prosecution practise the following
forms of diversion:
• Diversion under the Rule on Juveniles in Conflict
with the Law
• Talk with the police officers and the complainant
• If the Complainant does not appear during trial,
dismiss case
• Ask the Public Prosecutor if settlement is possible
• During pre-trial stage, ask the Complainant to
settle the case
When asked if their colleagues practise diversion, an
overwhelming majority of Community respondents
(61.6 per cent) and City Social Workers (64.7 per cent)
and almost half (53.4 per cent) of the Barangay Tanod
respondents answered in the affirmative. For the Police,
Court, and Prosecution, only a third, 36.4 per cent and
Chapter 8 • Diversion
167
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
32.3 per cent, respectively, answered in the affirmative.
Their answers may be explained by the hesitancy of the
police to practise diversion as previously mentioned
and the fact that for the Court and Prosecution, the
Rules on Juveniles in Conflict with the Law issued by
the Supreme Court became effective only in 2002 and
there may be court officers who are not yet aware or
practise diversion under said Rules.
When asked if their office have an “official” diversion
programme, half (50.8 per cent) of the Community
respondents answered NO and several (19.5 per cent)
said they only have unofficial diversion programmes.
For the Police, 50.6 per cent gave a negative answer
and several (20.8 per cent) said that they only have
unofficial diversion programmes. Almost one third of
the Barangay Tanods (24.1 per cent) and the Court
Table 8.5. Distribution of responses by whether or not the respondent’s colleagues practise diversion and by pillar
Response
COMM
POL
BT
CSW
%
No.
%
No.
%
No.
%
No.
%
Yes
73
61.9
28
36.4
31
53.4
21
32.3
11
64.7
No
10
8.5
4
5.2
4
6.9
10
15.4
Do Not Know
15
12.7
3
3.9
4
6.9
21
32.3
2
11.8
2
2.6
2
3.4
2
3.1
Depends
No Answer
Total
20
16.9
40
51.9
17
29.3
11
16.9
4
23.5
118
100
77
100
58
100
65
100
17
100
There are respondents who replied that the practice of
diversion depend on the following factors: preference
of complainant, workload, qualification of their colleagues, gravity of the offence committed by the child,
the Barangay Chairperson settles the case in the community, if there is a seminar given on diversion, and
on the barangay, if they practise diversion.
Table 8.6. Distribution of responses by considerations in the practice
of diversion
Consideration
No.
Preference of complainant
1
Workload
1
Qualification of colleagues
1
Gravity of offence
1
Chairperson settles the case
1
If there is a seminar on diversion
1
Depends on the barangay
TOTAL
168
CRT/PROS
No.
Save the Children – UK
1
7
and Prosecution (26.2) answered that they officially
have diversion. Majority (41.2 per cent) of the City
Social Workers said they practise diversion only unofficially.
Among the pillars, it is only the Court, which has an
official diversion programme as provided for under
the Rules on Juveniles in Conflict with the Law. The
Katarungang Pambarangay Law, which preceded the
Rules by more than 20 years, provides for conciliation
and mediation proceedings at the community level. It
may also be considered as a form of diversion at the
community level. What is important to note is that
even without an “official” diversion programme for
other pillars, respondents already practise diversion in
general terms.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
An overwhelming majority of the Community (64.4
per cent), Police (80.5 per cent), Barangay Tanod (62.1
per cent) and Court and Prosecution (63.1 per cent)
did not give answers as to the number of children
diverted in a month. Of those who answered, most of
the pillars divert five children or less in a month.
An overwhelming majority of the Police (68.8 per
cent), Barangay Tanod (72.4 per cent) and Court and
Prosecution (72.3 per cent) did not give answers as to
the number of children diverted in a year. However,
of those who gave an answer among the pillars who
answered the question, majority of them divert 10
children or less in a year.
Table 8.7. Distribution of responses by whether or not the pillar of justice has an official diversion programme and by pillar
Response
COMM
POL
BT
CRT/PROS
No.
%
No.
%
No.
%
No.
%
Yes
12
10.2
6
7.8
14
24.1
17
26.2
No
60
50.8
15
19.5
13
22.4
26
40.0
Do Not Know
3
2.5
1
1.3
1
1.7
2
3.1
Unofficial Diversion Only
23
19.5
16
20.8
12
20.7
12
No Answer
20
16.9
39
50.6
18
31.0
118
100
77
100
58
100
Total
CSW
No.
%
6
35.5
18.5
7
41.2
8
12.3
4
23.5
65
100
17
100
Table 8.8. Distribution of responses by the average number of CICL diverted in a month and by pillar
No. of children diverted
COM
POL
BT
CRT/PRS
CSW
No.
%
No.
%
No.
%
No.
%
No.
None
4
3.4
1
1.3
2
3.4
1
1.5
0
-
5 or less
25
21.2
11
14.3
14
24.1
21
32.3
13
52.9
6-10
7
5.9
2
2.6
2
3.4
1
1.5
3
17.6
11-15
2
1.7
0
-
1
1.7
1
1.5
0
-
16-20
1
0.8
0
-
1
1.7
0
-
0
-
1
1.3
1
1.7
0
-
0
-
21-25
%
25-30
3
2.5
0
-
0
-
0
-
0
More than 30
0
-
0
-
1
1.7
0
-
0
-
No Answer
76
64.4
62
80.5
36
62.1
41
63.1
5
29.4
118
100
77
100
58
100
65
100
17
100
Total
Table 8.9. Distribution of responses by the average number of CICL diverted in a year and by pillar
No. of children diverted
COMM
POL
BT
CRT/PROS
No.
%
No.
%
No.
%
No.
%
None
2
1.7
1
1.3
1
1.7
10 or less
26
22.0
16
20.8
7
12.1
8
11-20
6
5.1
4
5.2
2
3.4
5
21-30
4
3.4
1
1.3
1
1.7
2
3.1
31-40
1
0.8
1
1.5
1
1.3
1
1.5
1
1.3
5
8.6
1
1.5
53
68.8
42
72.4
47
77
100
58
100
65
41-50
More than 50
12
10.2
No Answer
Total
118
100
CSW
No.
%
12.3
9
52.3
7.7
3
17.6
72.3
5
29.4
100
17
100
Chapter 8 • Diversion
169
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
FACTORS CONSIDERED IN DIVERSION
City Social Workers
The five topmost factors considered by the different
pillars in deciding to adopt diversion are as follows.
21. Nature of offence (58.8 per cent);
Community
23. Community safety (35.3 per cent);
1. Nature of offence (69.5 per cent);
24. Complainant’s preference (29.4 per cent); and
2. Age of child (67.8 per cent);
25. Reputation of child (29.4 per cent).
3. Family support (53.4 per cent);
4. Community safety (50.8 per cent); and
5. Previous criminal record (50 per cent).
Police
6. Nature of offence (40.3 per cent);
7. Age of child (35.1 per cent);
8. Complainant’s preference (29.9 per cent);
9. Family support (27.3 per cent); and
10. Previous criminal record of child (23.4 per
cent).
Barangay
11. Nature of offence (60.3 per cent);
12. Age of child (50 per cent);
13. Sex of child (43.1 per cent);
14. Reputation of child (41.4 per cent); and
15. Previous criminal record (39.7 per cent).
Court and Prosecution
16. Nature of offence (67.7 per cent);
17. Age of child (61.5 per cent);
18. Previous criminal record (50.8 per cent);
19. Community safety (44.6 per cent); and
20. Availability of government programmes for the
child (43.1 per cent).
170
22. Age of child (52.9 per cent);
Save the Children – UK
All pillars listed the nature of the offence and the age
of the child as the two most important factors when
deciding whether to divert the child or not. For some
of the respondents, if the offence involved crimes
like murder or rape, which they deem very serious,
they would not want diversion to be applied to the
child. Among the factors they consider is the previous
criminal record of the child. Some of the respondents
view that if the child previously committed an offence,
diversion is less likely to succeed.
Except for the Barangay Tanod and Police, community safety is a major consideration for all the pillars.
Community respondents consider also the family support given to the child in the diversion process. With
the Police, they give weight to the preference of the
Complainant in deciding whether to divert or not. As
previously mentioned, the police officers do not want
to be accused by the complainant of giving preference
to children accused of committing an offence.
Other factors listed by all the respondents include the
physical, psychological and mental capacity and nature
of the child, including his/her personality and his/her
capacity for change; whether the child is studying; the
preference of his/her parents or guardians; and the
reason why the child committed the offence.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Table 8.10. Distribution of responses by factors in the decision to divert CICL by pillar
COMM
%
No.
No.
%
No.
%
Age of CICL
80
67.8
27
35.1
29
50.0
40
61.5
Gender of CICL
58
49.2
18
23.4
25
43.1
24
Nature of the offence committed
82
69.5
31
40.3
35
60.3
44
Economic class/status of CICL
46
39.0
17
22.1
19
32.8
Previous criminal record
59
50.0
18
23.4
23
Reputation of child
57
48.3
14
18.2
Community safety
60
50.8
15
Complainant’s preference
46
39.0
37
30
Factors
Availability of government programmes for CICL
Availability of government funds
for CICL
CRT/PROS
No.
%
CSW
No.
%
9
52.9
36.9
4
23.5
67.7
10
58.8
23
35.4
5
29.4
39.7
33
50.8
5
29.4
24
41.4
23
35.4
5
29.4
19.5
20
34.5
29
44.6
6
35.3
23
29.9
21
36.2
22
33.8
5
29.4
31.4
10
13.0
13
22.4
28
43.1
4
23.5
25.4
9
11.7
13
22.4
20
30.8
3
17.6
52
44.1
13
16.9
23
39.7
38
58.5
6
35.3
53.4
21
27.3
23
39.7
41
63.1
12
70.6
Table 8.11. Other factors considered in diversion
FACTORS
No.
Physical, mental and psychological behaviour
of child
15
Education of child/child is studying
12
Preference of relatives/guardian
7
Reason why child committed crime
5
Decision of the complainant
3
Capacity of parents/guardians to take care
of Child
3
Agreement between parties
2
Number of offences of child
2
Recommendation of social worker
2
Case to case basis
1
Child working
1
Community relationship
1
Gravity of the offence
1
Social standing of child
1
Availability of playground/recreation
1
Suggestion of the barangay council
1
Relationship of complainant with offender
TOTAL
BT
63
Opportunity for rehabilitation
Family support
POL
1
59
Involvement of Children
Majority of the respondents in the Community (52.5
per cent), Barangay Tanod (43.1 per cent), Court and
Prosecution (52.3 per cent), and City Social Workers
(58.8 per cent) involve children in the decision as to
whether to divert or not. Although the majority (51.9)
of the Police respondents gave a negative answer, several
(31.2 per cent) said that they involve children in the
decision.
There are respondents who said that the involvement
of the child in the decision regarding diversion would
depend on the parents, with some saying that it is the
parents who are consulted on the decision; nature or
gravity of the offence; maturity of the child; willingness
of the child; Complainant’s preference; whether child
is a repeat offender; and depending on the decision of
the Barangay Chairperson who handles the cases.
Chapter 8 • Diversion
171
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Table 8.12. Distribution of responses by whether or not to involve the CICL in the decision to divert him/her and by pillar
Response
COMM
POL
BT
CRT/PROS
No.
%
No.
%
43.1
34
52.3
10
58.8
10
17.2
8
12.3
2
11.8
2
3.4
2
3.1
1
5.9
51.9
21
36.2
21
32.3
4
23.5
100
58
100
65
100
17
100
No.
%
No.
%
No.
%
Yes
62
52.5
24
31.2
25
No
25
21.2
9
11.7
Depends
7
5.9
4
5.2
No answer
24
20.3
40
118
100
77
TOTAL
There are respondents who answered that the followup of children depend on factors such as availability
of time and workload, nature of offence, if the child
is a repeat offender, whether the child needs it, and
when there are available funds to conduct follow-up
activities. Other pillars said that officials of other pillars
conduct the follow-up.
Table 8.13. Considerations in involving the CICL in the decision to
adopt diversion
Consideration
No.
Parents
5
Nature/gravity of offence
4
If the child is willing
2
Maturity of the child
2
If CICL is recidivist, he/she is brought to the
centre
1
Depends on the Complainant
1
Depends on the Barangay Chairperson
1
TOTAL
CSW
Table 8.15. Distribution of responses by considerations in doing
follow-up
16
Consideration
Follow-up After Diversion
Among the pillars, the City Social Workers are the ones
who gave the highest number of affirmative responses
(76.5 per cent) when asked if their office follow-up
after the turnover of the children to their families.
Majority (54.2 per cent) of the respondents from the
Community also conduct follow-up activities. Some
of the respondents from the Barangay Tanod (39.7
per cent) and Court and Prosecution (33.8 per cent)
also conduct follow-up activities, with the Police having the smallest number of respondents who conduct
follow-up activities.
No.
Other pillars conduct follow-up
4
Nature of the offence
3
If we have time/workload
2
Child is a repeat offender
2
Only if the child needs it
2
1
Funds are available
TOTAL
14
Table 8.14. Distribution of responses by whether or not the respondent or his/her office does follow-up with the children and by pillar
Response
POL
BT
CRT/PROS
No.
%
No.
%
39.7
22
33.8
13
76.5
13
22.4
20
30.8
0
-
3
5.2
2
3.1
0
-
49.4
19
32.8
21
32.3
4
23.5
100
58
100
65
100
17
100
%
No.
%
No.
%
Yes
64
54.2
10
13.0
23
No
19
16.1
24
31.2
Depends
9
7.6
5
6.5
No Answer
26
22.0
38
118
100
77
Total
172
COMM
No.
Save the Children – UK
CSW
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Figure 8.1. The Diversion Process
COVERAGE: Cases wherein law provides maximum
penalty of not more than 6 months imprisonment
Pending determination by the Committee, child is released
to the custody of his or her parents /legal guardian
Instead of arraigning child, Family Court REFERS case to
Diversion Committee [1]; child is not arraigned
Chairperson of committee CALLS FOR A CONFERENCE with notice to the child, his or her
parents/legal guardian and counsel, and the complainant and his or her counsel
Committee DOES NOT RECOMMEND diversion; case is scheduled for arraignment and trial
Committee RECOMMENDS diversion to Court
and DESIGNS a diversion program [2]
Court schedules HEARING within 10 days from receipt of recommendation TO CONSIDER the recommendation and diversion program
Recommendation and diversion program NOT
GRANTED; case is scheduled for arraignment
and trial
Child given benefit of DIVERSION PROGRAMME;
child signs an UNDERTAKING [3] together with
his or her parents and the complainant
PERIODIC VISITS by the court social worker; social worker submits
report to the Committee
Committee FILES with the Family Court a REPORT recommending
closure or extension of diversion period
Court CONDUCTS HEARING within 15 days from receipt of report;
notice is given to child, his or her parents/legal guardian and his or her
counsel and complainant and his or her counsel
Upon finding that the diversion program no
longer serve its purpose, Court SCHEDULES case of child for arraignment and trial
Court EXTENDS period of
diversion to give child further time to be rehabilitated
Court issues closure order TERMINATING
diversion program upon finding that child
fully complied with his or her undertaking
[1] The Diversion Committee in the Family Court is composed of its branch clerk of court as chairperson, and the prosecutor, a lawyer of
the Public Attorney’s Office and the social worker assigned to the said court as members.
[2] The design of the diversion programme is distinct to each and may include any or a combination of the following: Written or oral reprimand or citation; Return of property; Payment of the damage caused;Written or oral apology; Guidance and supervision orders; Counselling
for the juvenile and his family; Training, seminars and lectures on (i) anger management skills; (ii) problem-solving and/or conflict resolution
skills; (iii) values formation; and (iv) other skills that will aid the juvenile to properly deal with situations that can lead to a repetition of the
offence; Participation in available community-based programs; Institutional care and custody; or Work-detail program in the community.
[3] The undertaking describes the diversion and also contains the following terms and conditions: The child shall present him or herself to
the social worker of the Family Court that approved the diversion programme at least once a month for evaluation of its effectiveness and
that the child shall faithfully comply with the terms and conditions in the undertaking.
Chapter 8 • Diversion
173
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
9 Summary
This chapter presents a summary of the findings generated by the research project.
jewelry and accessories. In cases involving possession of
weapons, the most common are fan knives, followed
by guns and ammunitions, and sumpak.
Profile of the Child in Conflict with
the Law
Most of the offences are committed in Quezon City
and Manila. In Quezon City, the most common areas
where children allegedly commit crimes are in Cubao,
Novaliches, Balintawak, Tatalon, Project 8 and Greater
Lagro. In Manila, the common areas are in Tondo, Sta.
Cruz, Quiapo, Binondo, and Sampaloc. In Caloocan,
it is in: Grace Park, Bagong Silang, Dagat-Dagatan,
Monumento, Bagong Barrio, and Tala. For Parañaque,
offences are often committed in Baclaran, Daughters,
BF Homes, Better Living, and Evacom. In Pasay,
Malibay, Dolores Street and Rotonda are the most
common areas.
Children in conflict with the law are usually male,
aged 17 years at the time of commission. They reside
in the city, most probably in Manila or Quezon City.
The children either finished or are currently enrolled
in Grade 6, 1st year or 2nd year high school.
The children are living with their parents who are still
alive and living together as husband and wife. The parents work in the labour sector, mostly within the service
industry, with known low wage. There are children who
were working before their arrests and majority of them
work as vendors. Only a small number of children are
living with a partner and are members of a gang.
The most common criminal charges against the
children involve crimes against property, specifically,
robbery theft, qualified theft, malicious mischief, and
estafa. This is followed by crimes against persons,
violation of ordinances, special laws, and drug-related
offences. With respect to female children, the most
common violations they are charged with after crimes
against property are drug-related offences and violations of ordinances.
Complainants in the cases against children involving
crimes against persons and sex-related offences also
include children.
In cases of drug-related offences, the most common
drugs involved are shabu and rugby. Children are
charged with the use, possession or sale of prohibited
drugs. In cases of crimes against property, specifically
theft and robbery, the most common item stolen is the
cell phone, followed by clothes and shoes, wallets, bags,
174
Save the Children – UK
The offences are usually committed in the streets, in
the house of other people or buildings; and in stores,
malls or markets.
Children in conflict with the law are often charged
together with a co-accused. The co-accused are also
children themselves. In some cases, they are already
adults or both adult and children. In some cases, the
co-accused are related by blood to the child in conflict
with the law.
Most of the time children are apprehended by police
officers, followed by barangay officials, specifically the
barangay tanod. During arraignment, children often
plead not guilty. The interval between the arrest or surrender and the date of arraignment is usually from one
month to three months. Almost all of the children are
represented by public defenders from the PAO.
Most of the children are either staying at DSWD-run
training and rehabilitation centres or are in the custody
of their parents, relatives or non-relatives, upon release
on recognizance or posting of bail. However, there are
a significant number of children detained in jails.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Community Pillar
Based on the current situation, the community plays
three roles in the involvement of children with the
justice system. First, they can be the source of ordinances that penalise acts that may both be committed
by children and adults or non-penal ordinances that
benefits children, ie, creation of programs for the rehabilitation of children in conflict with the law within
the BCPC. The results of the project show that the
ordinance-making power of the barangay has not been
maximised to benefit children. If ordinances relating
to children exist at all, it is to prohibit acts and provide
penalties for such violations, including imprisonment.
Violation of ordinances is among the most common
offences for which children are charged. Knowledge
of existing barangay ordinances that relate to children
in conflict with the law is not common among the
respondents.
Third, it is to the community where children return
after their apprehension, detention or service of sentence. Results of the project show that there is a lack
of established programmes to address community
reintegration and rehabilitation of children in conflict
with the law. The appropriateness of community-based
reintegration and rehabilitation programmes cited by
the respondents are also questionable, ie, curfew, cleaning of the community, drug-testing or sports activities.
Some respondents even said that the children are referred back to rehabilitation centres or their parents.
The role of the community with respect to maintaining peace and order has been emphasised. A concrete
manifestation of this is the drive to impose a curfew
on children, specifically in the cities covered by this
project. As mentioned above, the role of the community extends further with respect to children in
conflict with the law. The establishment of a working
BCPC with appropriate programmes that benefits
children in conflict with the law must be emphasised
with the community leaders. All pillars refer to the
community as the level where diversion should occur
and the community must be able to take on this role
with appropriate training not only on laws but also to
the underlying principles of said laws and sensitivity
to needs and situation of children.
Although law has mandated the establishment of
BCPCs since 1975, there is only a limited number of
functional BCPCs in the cities covered by this project,
with fewer BCPCs with children or youth among its
members. Based on the answers of respondents, the
committees within the functional BCPCs are the
same as the general committees established within the
barangay, with programmes on children focusing more
on sports activities, feeding, education, livelihood and
economic assistance.
Law Enforcement Pillar
Second, it is in the community where children are
also apprehended. The community has peace and
order programmes and is part of the law enforcement
level through the barangay tanods. Aside from police
officers, children are often apprehended by barangay
tanods and spend time in holding cells. In each barangay hall, there is usually only one holding cell and
children detained spend time in the company of adult
offenders.
An overwhelming majority of law enforcement officers,
both barangay tanods and police officers, identify
themselves as such to children upon arrest and they also
present identification, ie, ID or badges, and they usually wear uniforms. At the time of arrest, they inform
the child of the reasons for the arrest. After which, law
enforcement officers notify the DSWD, police, parents,
barangay officials, and the WCCD. However, interview
with the children revealed that although the reason for
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their arrest were explained to majority of them, the
majority of the apprehending officers did not identify
themselves as such and most of the children were not
informed of their rights.
Even though the law requires both physical and mental
examination, emphasis has been given to the former in
practice. In fact, majority of the children interviewed
were brought to the appropriate persons or agencies
for medical examination. It is only in obvious cases,
ie, child is manifestly mentally challenged, wherein
children are brought for mental examination. In practice, the mental examination seems to be more of an
exception rather than the general rule. Also, under the
Rules on Juveniles in Conflict with the law, the duty to
bring the child to the appropriate person or agency for
mental examination rests upon the person who takes
the child in custody and this is not limited to police
officers. Comparing the responses of the barangay
tanods and the police officers, the latter implement
the said provision more than the former.
the following authorities: DSWD; youth detention
centres such as the Molave Youth Reception Center,
Manila Youth Reception Center, or Pasay Youth Home;
police headquarters; Office of the Prosecutor; and the
WCCDs. Other places to which or persons to whom
the child is turned over include the following: parents,
homeowner’s association, courts, barangay chairs and
the Manila City Hall.
Based on the interviews, the following practice appears: once a barangay tanod arrests a child, the child
is brought to the barangay hall for documentation. The
child is then brought to the police station or a police
officer is summoned to the barangay hall to bring
the child to the police station. In the course of these
proceedings, the barangay tanod usually informs the
family or relatives of the child and they accompany
the child to the police station. When in the custody of
the police, the child is then brought to the appropriate
person or agency for physical and mental examination
as abovementioned.
In police precincts, majority of the respondents said
that children of opposite sexes are detained in separate
quarters. However, with respect to separate detention of
children from adults, the figure is much lower. Compared with the response of police officers, barangay
tanods gave a much lower figure when asked if children
are detained separate from the opposite sex and from
adults. This may be explained by the observation during
the interviews that in police stations, there are usually
only two cells, one for males and the other for females
arrested. In the community, however, there is usually
only one holding cell inside the barangay hall.
Despite the rule to the contrary, a number of barangay
tanods and police officers who conduct investigations
alone with the child and the figure is higher for barangay tanods. However, majority of the respondents
said that they conduct the investigation of the child in
the presence of another person. Children are usually
accompanied by their parents, followed by relatives
in cases wherein the investigation is being conducted
by the barangay tanods and the children’s guardians
when it is done by police officers. Although required by
law, the investigation of children is usually conducted
without the presence of a lawyer.
Majority of the children interviewed were not detained
in quarters separate from adults and there were a few
children detained with members of the opposite sex.
Only a very small number of barangay tanods fingerprint children compared with more than half of
the respondent police officers. The practice of fingerprinting children is more common with the police.
However, when asked if fingerprint files of children
Based on the practice of the barangay tanods and the
police officers, children are usually turned over to
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RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
are kept separate from those of adults, the figures
become smaller, with both the barangay tanods and
police officers.
With respect to taking pictures of children, only a
small number of barangay tanods responded that their
officers take the photographs of children. Taking the
pictures of persons arrested do not seem to be a practice within the community level with some barangay
tanods saying that they do not have the resources to
do so. More than half of respondent police officers
said that taking photographs of children is practised
in their office. However, only half of said respondents
said that the photograph files of children are kept
separate from adults.
may be explained by the fact that police officers receive
more training on the legalities of apprehension and the
rules to follow when apprehending persons, especially
children, compared to barangay tanods. As barangay
tanods also come into direct contact with children
in conflict with the law and they are sometimes the
first contact that the child has to the criminal justice
system, focus should be given to the training of the
barangay tanods on the proper handling of children
in conflict with the law, not only in terms of what is
provided under the law but also in handling the child
with sensitivity.
Court and Prosecution
Based on the answers of both barangay tanods and
police officers, the removal and destruction of fingerprint and photograph files of children, if the case
against the child is not filed or dismissed or when the
child reaches the age of 21 and there is no record that
he/she committed an offence when reached 18 years
of age, is rarely practised in both the community and
law enforcement level.
Based on the data generated from the interviews
conducted with the respondents from the court and
prosecution pillar, it is apparent that majority of them
are at least familiar or aware of the procedure involving
the prosecution and trial of cases involving children
in conflict with the law, and whose family courts are
conducting the trial of CICL cases in accordance with
the Rules on Juveniles in Conflict with the Law.
Only a few offices where respondent barangay tanods
and police officers work keep the blotters and records
separate for children in conflict with the law. The number of police officers who said that their offices keep
separate records and blotters for children is slightly
higher than that of barangay tanods.
It must be noted, though, that respondents made certain explanations regarding their own interpretation
of the Rules. While a few discussed that their courts
followed the Rules to the letter, some of them apply
the Rules liberally, especially when it involves the application of the diversion programmes.
Comparing the answers of the police officers and barangay tanods, the more police officers implement the
provisions of the law than the latter, from informing the
children the reason for their custody; taking the child
to the appropriate agencies for physical and mental
examination; detaining children in quarters separate
from adults and that of the opposite sex; investigating
the child in the presence of another person; and providing separate blotters and records for children. This
According to the Rules, diversion proceedings before
arraignment shall only apply if the CICL is charged
with an offence punishable by imprisonment for a
maximum period of not more than six months, or if
the penalty is only a fine, regardless of amount.443 Based
on the remarks of several respondents, they conduct
diversion proceedings even if the offence involved is
punishable by imprisonment of more than six months.
They say that there are very few cases nowadays, which
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involve penalties less than six months. If they do not
apply diversion proceedings for CICL cases, which do
not qualify under the law, most, if not all of these cases
will have to undergo the regular procedure, and will
generally not be to the best interests of the child.
The data gathered for this project reveal that majority
of the respondents affirm the existence of a diversion
committee in their respective courts. However, their
observations on how the procedure is being applied
shows that there is no hard and fast rule for the courts
to follow, given the different situations that may involve
court dockets, and limitations in facilities in courts.
Although some respondents appeared at a loss on how
to conduct diversion proceedings, they claim that they
use their best judgment in conducting proceedings to
ensure that they consider the best interests of the child,
even if they do not strictly abide by the Rules.
It can be observed further, that although most of the
respondents said their courts have diversion committees and practise diversion proceedings, quite a number
of them said their courts still do not. Notably, the Rules
became effective on 15 April 2002. Given the lapse
of time from its effectivity to the dates the interviews
for this project was conducted, it may be inferred that
strict compliance to the Rules by the family courts has
not been enforced fully.
Based on the comments of some respondent judges,
it seems that they have not been properly informed or
briefed on how the Rules should apply. Consequently,
their liberal and informal application takes precedence,
of course with consideration of the best interests of
the CICL.
Worth noting are the responses of the interviewees to
the questions including the exclusion of the public
during trial of CICL cases. Majority said their courts
allowed for exclusion, and close to that number said
that it depends. At the onset, it would appear that
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there are courts, which do not comply with the Rule
on exclusion. If the Rules will be read closely, however,
it states that the courts may exclude the public.”444 This
means that it is not mandatory; hence, the courts are
giving the discretion to determine whether the public
will be excluded or not.
Another notable observation is the answers of the respondents to the questions on what terms are used by
court officers and lawyers during proceedings to refer
to the CICL. According to some of them, the officers
refer to children as “accused,” “accused minor”, “juvenile delinquent,” and “minor,” generally. While a few
refer to the CICL by their first names, most of them
still use terms, which according to the Rules are prohibited terms.445 Somehow, this shows that the courts
have generally not yet strictly enforced the prohibition
against labelling of children.
In sum, most of the data gathered can show that some
family courts are already compliant with the Rules on
Juveniles in Conflict with the Law. However, it is also
very clear that the enforcement of the Rules as well
as the premises that touch on the best interests of the
child, on which the Rules are based, has much room
for improvement.
APPLICABLE RULES ON PRELIMINARY
INVESTIGATION
According to the Rules on Juveniles in Conflict with
the Law, where preliminary investigation is required,
the rules that will be followed will be the provisions of
Section 3 of Rule 112 of the Revised Rules on Criminal
Procedure. If these provisions were to be applied, it
would take at least 25 days446 before the case will be
filed or dismissed, if the prosecutor finds ground to
continue with the investigation and if he/she finds it
necessary to set the case for hearing.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
It would appear that 25 days, at the least, might not
be favourable to the child, considering that most children would have been detained during the duration
of the Preliminary Investigation. Since upon filing of
the information, the court may immediately order the
release of the child on recognisance or on bail, except
in certain circumstances, it would not be in the best
interest of the child to be held in custody for 25 days
while his or her case is still undergoing preliminary
investigation.
It may be recommended that the same diversion proceedings as in the family courts be applied even while
during the preliminary investigation stage, to ensure
that the release of the child will be facilitated.
APPLICABILITY OF THE RULE ON SUMMARY
PROCEDURE FOR CHILDREN’S CASES
Some of the respondents have suggested that to ensure
that the children’s cases will be expedited, the procedure
that may be applied will be the Rule on Summary
Procedure. It would seem that if the CICL case does
not qualify for diversion under the Rules on Juveniles
in Conflict with the Law, the child goes through the
trial in accordance with the Revised Rules of Criminal
Procedure, which applies to accused adults as well.
It is noticeable that although the Rules on Juveniles
in Conflict with the Law has introduced new procedures for the prosecution and trial of the CICL, it
would seem that the procedure that generally applies,
particularly in the preliminary investigation, pre-trial,
trial and promulgation stages, are the provisions of the
Revised Rules of Criminal Procedure, with reference
to the Rule on the Examination of Child Witness. The
expediency that is being sought in dealing with CICL
cases may not be fully answered by the new rules.
Applying the Rule on Summary Procedure may be one
way to ensure that the best interests of the child will
be protected. The Rule on Summary Procedure was
also discussed in the preceding chapter on City and
Barangay Ordinances.
Correction Pillar
With respect to the correction level, a major concern
is the lack of separate detention centres for children
in conflict with the law, specifically in the cities of
Caloocan and Parañaque. This has been pointed out
by several surveys and studies conducted before this
project. Even though the children are detained inside
cells separate from adults in said cities, the children still
have the opportunity to mingle closely with adults since
their cells are located in one compound. Aside from
the lack of separate detention centres, said cities face
challenges in terms of keeping a healthy and sanitary
environment and facilities for the physical health of the
children detained. An increase in the food allowance
of children is also in order for their maximum growth
and development even given the circumstances they
are in. Medical services available to children should
also be expanded.
Programmes for the education and psychosocial rehabilitation of the children also need strengthening.
Children who were studying before their detention
should be given the opportunity to continue their
studies or pursue activities that would enrich their
mental and psychological well-being. Focus should
be given not only on vocational, skills training, and
moral development of the child, but education services
that would be able to let him continue his/her studies
after detention.
Rules and regulations, both written and oral, in the
detention facilities and city jails are applicable to both
adult and children. There may be a need to establish
separate rules and regulations for children due to their
special circumstance. The imposition of disciplinary
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measures imposed in the general population of prisoners, including adults, to children is also a cause for
concern. In imposing discipline, withdrawal of privileges, close confinement and advice are given to both
child and adult. The appropriateness of these forms of
discipline on children may be questioned.
The children also requested for additional funding
for:
• Food
• Adequate and clean water
• Medicines
As to the treatment of detentions officials, some respondents were quite adamant in answering questions.
Although rare, use force or physical harm on the child
or placement of child in solitary confinement has been
witnessed as with the carrying of weapons in front of
the child and use of profane or vulgar words. The use of
handcuff on children has been commonly observed.
• Clothing supplies, slippers, and toiletries
With respect to the improvement of the services offered by the correction level, children themselves gave
suggestions. When 35 children were interviewed for
the case studies, they suggested the following recommendations to the correction pillar:
• For cleaning and beautification purposes
• To treat children humanely and respect them
properly
• To provide them education and other training
skills
• To strictly separate the males from the females
• To provide venue and opportunity for open-forum activities
• To improve the manner of discipline given to
them
• For more officials to take care of their cases
• To be given more food
• To provide recreational activities
• Proper ventilation
• Books and other educational supplies
• Recreational activities
• Other training programs
• Trash cans
• More rehabilitation centres and services
Probation
When the probation officers were asked about cases
of probation granted to children, cases wherein the
offence was committed while the applicants were still
children and they were still minors at the time of application or already adults at the time of application,
they were able to recall only a few instances. When the
researcher visited the office of the Probation Administration to inquire about data on probation of those who
were minors of the commission of the offence, they
were told that data were not segregated and presented
according to the age of the applicant at the time of the
commission of the offence. There is no way of tracing
cases of probationers who were minors at the time of
commission of the offence.
The lack of concrete data on probation granted to minors may be explained by the few children who were
convicted again for a second offence which exempts
them from availing of suspension of sentence again and
their current sentence may be for more than six years,
or their previous conviction was imprisonment not less
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than one month and one day or a fine of not less than
Php200, excluding them from the provisions of the
Probation Law of 1976, as amended. This lack of data
is aggravated by the insufficient centralised system of
monitoring and recording cases of children in conflict
with the law, from the time of their arrest up to the
time of release or service of sentence.
There are also cases wherein the child changes his
name upon succeeding arrests. If such is the case and
if it remains undiscovered by officials during the trial,
the child may have been placed under suspension of
sentence once again if found guilty.
In instances wherein the child comes under probation,
it is up for the probation officers to determine the age of
the child, or if he or she is already an adult, to inquire
on the age at the time of commission. Although only a
few probation officers were interviewed compared with
other pillars, majority of those interviewed said that
there is no difference in the programme of supervision
between adults and children. This may explain their
responses when asked if they think probation has a
positive effect on children compared with adults: only
one said it has a positive effect. However, majority of
them said that when the applicant for probation committed the offence while still a minor, such a factor is
positively considered for recommending to the court
the approval of the application for probation.
With respect to the conditions of probation commonly
violated by the children, two of them are related to the
residence of the child: change of residence without permission and failure to report regularly to the probation
officer. During the interviews for all the pillars, there
were respondents who said that when parents move
residences, they take the child with them, regardless
of the consequences for the trial, rehabilitation or
probation. The government officers have a hard time
tracing the child, especially when the family left for
the province.
City Social Workers
As mentioned above, the responsibility of the nationallevel DSWD with respect to children in conflict with
the law was not among the functions devolved to the
cities. However, based on the interviews of city social
workers conducted for this project, they already extend
social services to said children. The services are more
comprehensive with respect to cities with separate
detention and rehabilitation centres for children like
Manila, Pasay and Quezon City. This is due to the
full-time work and focus given by social workers to
children already detained in the said centres.
In terms of services, the national-level DSWD may
consider devolving such to city social workers since
they are already performing such functions. However,
in terms of keeping centralised information nationally
on children in conflict with the law, including networking with NGOs and facilitating the dissemination
of such information, this is a function suited to the
national office.
Based on the interviews, city social workers usually get
involved with the children upon their release or from
the trial stage onwards, including detention during
trial. Although some of the city social workers get involved during the arrest period, the arrest and detention
after arrest stages are areas that should be given focus.
Even if the law provides immediate turnover of the
child to the DSWD or local rehabilitation centre,447
there are instances wherein the child has to spend days
in the jails in the police precincts after their arrest. One
way this may be prevented is for the social workers to
conduct regular visits to police precincts.
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Diversion
Based on the abovementioned information, the diversion practice in the Philippines is limited by the
following factors:
• The “official” diversion procedure is limited in its
scope.
Although diversion is provided only under the Rules
on Juveniles in Conflict with the Law issued by the
Supreme Court and only applicable to cases that reach
the courts, diversion is widely practised across all pillars. Officials from the community, law enforcement,
prosecution and city social workers, practise diversion
in one form or another unofficially since there are no
guidelines, rules or law which provides for it, except for
conciliation and mediation procedure in the community level provided under the Katarungang Pambarangay
Law. In these instances, only children whose cases fall
under an official who practises unofficial diversion
enjoy the benefit of diversion in general terms. The
enjoyment of this benefit by children becomes dependent on the personal practice of the official when the
diversion is unofficial.
• Diversion under the Rules only covers offences where
the maximum penalty imposed by law is imprisonment of not more than six months.
Due to this provision, only a limited number of children are covered by diversion. As mentioned before,
the common offences committed by children involve
crimes against property, persons and drug-related offences, offences that are penalised by more than six
months. There are only a limited number of offences
wherein the law imposes imprisonment of not more
than six months, ie, slight physical injuries, alarms and
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scandals, grave threats, unjust vexation, and possession
of a deadly arrow. In addition, since the barangay conciliation system under the Katarungang Pambarangay
Law already covers offences punished by imprisonment
of one year or less, which includes the offences covered
by diversion, only a limited number of cases reach the
courts. The barangay may have already successfully
mediated the cases that are covered by diversion. As
discussed in the chapter on observance of laws of the
court and prosecution, there are Family Courts that
apply the diversion process even though the case is not
covered by diversion under the Rules.
When asked if the respondents agree that all children
should be diverted from the criminal justice system,
most of the respondents said that it depends on certain
factors. They mentioned as one of the factors the nature
or gravity of the offence. Several of the respondents
said that children should not be diverted if the crime
involves rape or murder. Considering their views as to
what constitutes offences that should not be covered
by diversion, the coverage provided for under the Rules
is too restrictive to benefit the majority of the children
in conflict with the law.
• Diversion under the Rules is limited to cases wherein
the complaint or information is filed with the Family
Courts.
In areas where there are no designated Family Courts,
children in conflict with the law whose cases are filed
in the Regional Trial Courts are excluded from availing
of the benefits of diversion.
• Diversion programme under the Rules may include
community-based programmes or work-detail programmes in the community.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
The choice of the Committee in designing a diversion
programme may already be limited since there is an
absence of community-based programmes or workdetailed programmes designed to address the needs
of children in conflict with the law. Even though the
creation of a BCPC has been encouraged since 1974,
only a limited number of barangays have established
such and even if established, its effectivity is questioned.
The communities and its officials need to receive sensitivity and skills training in dealing with children in
conflict with the law.
When diversion is subjected to the consent of the
complainant, there will be children unable to avail of
it due to the desire of some complainants for revenge,
punishment, or to teach the child a lesson by pushing for trial and/or imprisonment of the child. For
example, there are department stores or malls which
do not permit settlement of cases and has a policy of
proceeding with the prosecution of cases, regardless of
the amount of the item stolen and even if the offender
is a child.
• Under the Rules, the Committee may only recommend diversion if the complainant does not object
thereto.
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10 Recommendations
This study puts forward the following recommendations for each of the five pillars of justice in terms
of changing perceptions and attitudes, enhancing
knowledge and skills, improving practice, and working
collaboratively towards the prevention of offending
among children, protection of CICL who are in the
justice system, and facilitating the CICL’s return to
their families and communities as viable and productive members.
Community Level
1. Promote understanding within the communities
of the rights of CICL, the concept of restorative
justice, diversion, the damaging effects of subjecting children under the criminal justice system
(eg, prosecution, custody and detention) and the
important role that the community plays in the
promotion of rights and prevention of crime by
children. This can be done, through advocacy and
training seminars as well as information drives on
laws and studies concerning CICL.
a. Special focus should be given to parents who
should be educated, be made aware and be made
to appreciate child rights. There are cases where
parents themselves ask jail officials to keep their
children in detention for “safekeeping” to prevent
their children from getting into trouble.
b. Special training should also be given to barangay
officials because many of the officers are not familiar with laws on CICL. One manifestation is that
compared with police officers, a lesser number
of barangay tanods comply with the laws when
arresting children. Perhaps this may be attributed
to the fact that they are the ones least trained on
children’s rights. The barangay officials actually
perform three important roles when dealing with
CICL. First, they have the authority to enact
ordinances relevant to children. Second, having
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the power and authority to maintain peace and
order in the barangay, they act as law enforcers
and can arrest CICL. Third, they are the ones
who are tasked to implement existing programs
in the community when CICL return to the community.
c. There must be advocacy movements for the establishment of a working BCPCs and cooperation
of the leaders in the barangay must be obtained.
Barangay residents and officials must be made
aware of existing mechanisms within the barangay
level, which they could use to protect CICL.
d. Barangays with existing BCPCs should be
monitored so that even on the event of change of
leadership (ie, through an election), the continuing existence of BCPCs is ensured.
e. All pillars refer to the community as the level
where diversion should occur. The community
must be able to take on this role with appropriate training on not only laws but also principles
and sensitivity to children. Existing mechanisms
such as the Barangay Justice System may be used
to promote the practice of diversion of children
within the community level. It addition, the
criminal jurisdiction of the Barangay Justice System covers criminal offences where the penalty
does not exceed one year imprisonment or a fine
of Php5,000. Thus, it even has wider diversionable offences compared with the Rule on Juvenile
in Conflict with the Law which provides that only
those with penalty of maximum of six months or
a fine, regardless of the amount can be diverted.
2. Interventions should be made to promote local
legislations concerning protection for CICL
as well as correct existing ones and prevent
enactment of those disadvantageous to CICL.
Specifically, the following are recommended:
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
a. Training of local legislators on pertinent international instruments and national laws and
rules relevant to children’s rights to ensure that
ordinances to be enacted are consistent with
the principles, policies and procedures embodied therein. This may also serve as the venue
to orient local legislators on guiding principles
on the proper determination and graduation
of penalties that take into consideration the
special circumstances of children;
b. Training and drafting of ordinances both at
the barangay and city level, with focus on the
constitutional requirements;
c. Creation of venues, ie, seminars, roundtable
discussions, where local legislators, local city
and barangay officials and child rights activities from different cities may share experiences
on the implementation of ordinances. This
shall serve as potent venues to learn the better practices form cities and barangays that
enact and implement more child-friendly
ordinances;
d. Prevention of further detention and imprisonment of children and ensure their uniform
treatment across cities and barangays. There
should be decriminalisation of ordinances
nation-wide if children commit violations.
This is consistent with the non-discrimination
principle as provided in the UN CRC; and
e. City and barangay officials should provide for
alternative disposition measures to imprisonment as penalties for infractions, taking as an
example such measures under the Rule on
Juvenile in Conflict with the law.
3. The community should be made aware for the
need to set up appropriate programmes for crime
prevention and assist children with behavioural
problems. There should also exist proper community-based sentencing and restorative justice
for CICL. Such community-based sentencing as
provided in the New Rule must be specifically
identified and made sure to be child-appropriate.
The barangays should also have programmes for
reintegration and rehabilitation of CICL in the
community.
4. Institutional support for the realisation of Diversion Programmes as provided in the New Rule
is also recommended. This can also be done by
informing the DILG of the existence of the New
Rule providing for such measures and advocate
for them to take action for the immediate establishment of community-based programmes and
work-detail programmes in the community.
5. There must be an advocacy movement to activate
BCPCs in pilot areas. The existing law under PD
603 does not mandate but merely encourage the
setting up and activation of BCPCs. A possible
solution is to lobby for a law in Congress to mandate the setting up of not only the Council for the
Protection of Children at the barangay level but
also cities, municipalities and provinces. However,
considering children’s issues are not being given
priority in Congress, aside from lobbying hard
there is also a need to activate existing BCPCs in a
particular area to serve as a model for other LGUs
to follow in the absence of existing legislation.
6. There should be a move to assist barangays to
generate funds for better facilities for CICL. For
example, some barangay halls do not have holding
cells for CICL. If there are, most are not separate
from cells of adults and/or the male CICL are not
separated from female CICL.
Chapter 10 • Recommendations
185
•
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process — THE EXPERIENCE IN THE PHILIPPINES
Law Enforcement
1. Training on child sensitivity, laws on CICL, diversion proceedings and restorative justice must be
given not only to members of the WCCD but to
all police officers. Usually, first encounter with the
law enforcement is through arrest of the child by
a police officer. It is only after the arrested child is
referred to the WCCD that such WCCD police
are able to deal with CICL.
2. Recommend the inclusion of children’s issues in
mandatory courses and continuing legal education required of police officers.
3. There must be accountability for police officers in
case of lack of compliance with the provision of
the law particularly during arrest of children. For
example, there are still prevalent violations such
as instances wherein the police do not identify
themselves and explain the rights of the child
during arrests, or conduct investigations without
counsel for the child.
4. There must be separate quarters for detained children and detained adults at the police precinct.
5. There must be separate records for children.
Prosecution and Court Level
1. There should be continuing training and education on application of the Rules on Summary
Procedure and the Rule on Juveniles in Conflict
with the Law. Special trainings should also be
made on Diversion Proceedings in the New Rules,
as this procedure is very new in the Philippine
court system. Guidelines should be provided for
its implementation. Research could be made as
to the practice of diversion in other jurisdictions
and how these good practices can be integrated in
the Philippine system. A proposal is also made to
include topics on children’s justice during Man-
186
Save the Children – UK
datory Continuing Legal Education required of
law practitioners as well as seminars required of
judges.
2. There is still a need to conduct further sensitivity
sessions with court officers. There are instances
where terms like vagrants, juvenile delinquents
are still being used on CICL. It should also be
noted that even the new Rules on Juvenile in
Conflict with the Law used the terms juvenile
delinquent.
3. Diversion proceeding under the New Rule applies
only to the CICL charged with an offence punishable by imprisonment for a maximum period of
not more than six 6 months, or if the penalty is
a fine, regardless of amount. Many CICL cannot
avail of the proceedings because there are very few
diversionable offences existing under Philippine
laws. It is recommended that the New Rules be
amended for the Diversion Proceedings to apply
to crimes with higher penalty.
4. The Diversion Proceedings under the New Rule
contemplates a proceeding done within the
formal justice system. Before a child is qualified
for diversion, it presupposes an information
or complaint is first filed against him or her in
the Family Court. In each Family Court, there
exists a Diversion Committee, composed of its
branch clerk of court as chairperson, the prosecutor, a lawyer of the Public Attorney’s Office
and social worker assigned by the Family Court
– all of which are members of court personnel.
During the diversion conference, the counsels of
the child in conflict with the law as well as that
of the private complainant are also present. It is
recommended to create diversion proceedings for
CICL outside the court pillar, eg, amendment of
the Katarungang Pambarangay Law and inclusion
of diversion proceedings at the barangay level.
RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES •
Correction Level/ BJMP
1. Prioritise the allocation of resources on the
national budget to answer problems on: (a.) Subhuman conditions in jails and detention, eg, lack
of proper beds and beddings, cramped cells, Php
30/day as food allowance; and (b.) Conditions
that are detrimental to the well-being of a CICL,
eg, lack of separate cells for detained child and
convicted CICL and/or separate cells for women
adults and female CICL, not all CICL are given
the opportunity for continuing education.
2. Discussion on how to realistically apply the administrative circular issued by the Supreme Court
on jail visitation by family court judges.
Probation
1. In the application of probation, there is no difference between the supervision of CICL and
the adult offenders. There must be rules and
regulations requiring special treatment of CICL
probation applicants.
2. There are no separate facilities for instruction/
recreation and residence for the CICL. It is recommended that budget be allocated for establishing a
separate place and facilities especially for CICLs.
3. Data on CICLs who applied for probation were
not segregated and presented according to the age
of the applicant at the time of the commission
of the offence. Hence, there is no way of tracing
cases of probationers who were minors at the time
of commission of the offence, aggravated by the
insufficient centralised system of monitoring and
recording cases of children in conflict with the
law, from the time of their arrest up to the time
of release or service of sentence. The Probation
Office must be required to compile separate data
on CICL, including pertinent information on
them.
City Social Workers
1. Even if the law provides immediate turnover of
the child to the DSWD or local rehabilitation
centre, there are instances wherein the child has
to spend days in the jails in the police precincts
after their arrest. One way this may be prevented
is for the city social workers to conduct daily visits
in police precincts. It is also recommended that
city social workers strengthen their coordination
with law enforces to ensure that upon arrest/apprehension of the CICL, they will be immediately
informed.
2. Most city social workers get involved only during the trial, detention, rehabilitation and release
stages of the CICL cases. Social workers should
be present during all stages from the time of arrest up to the follow-through activities after the
release of the child.
For all Pillars
1. There is a need to examine how the national and
local governments allocate resources on children’s
issues, programmes and policies. The Philippines
already have several existing laws that sufficiently
address child protection but there are problems in
terms of enforcement because of lack of budget
for implementation. The lack of budget does not
necessarily follow the lack of resources. Reasons
could be that other issues (eg, terrorism) are given
more priority during allocation of budget by the
government.
Chapter 10 • Recommendations
187
Endnotes
Chapter 1
1
The barangay is the Filipino word for village. It is the smallest political unit in the
Philippines.
2
Taken from the Summary of Child Protection Policy, Save the Children-UK.
3
The Philippines became a State Party through Senate Resolution No. 109, which was
approved on July 1990.
Chapter 2
4
Section 384, Republic Act No. 7160: The Local Government Code of the Philippines.
5
Section 389(b), Republic Act No. 7160: The Local Government Code of the Philippines.
6
Pangkat ng tagapagkasundo (conciliation panel), consisting of three members, chosen by
both parties from the list of members of the lupon. Section 404, Republic Act No. 7160:
The Local Government Code of the Philippines.
7
Section 402, Republic Act No. 7160: The Local Government Code of the Philippines.
8
Section 24, Republic Act No. 6975: An Act Establishing the Philippine National Police
Under a Reorganized Department of the Interior and Local Government, And For Other
Purposes.
9
Section 35(b) 4, Republic Act No. 6975: An Act Establishing the Philippine National Police
Under a Reorganized Department of the Interior and Local Government, And For Other
Purposes.
10
Section 35(b) 6, Republic Act No. 6975: An Act Establishing the Philippine National Police
Under a Reorganized Department of the Interior and Local Government, And For Other
Purposes.
11
Section 57, Republic Act No. 8551: Philippine National Police Reform and Reorganization
Act of 1998.12
Section 5(a), Republic Act No. 8369: An Act Establishing Family
Courts, Granting Them Exclusive Original Jurisdiction Over Child and Family Cases,
Amending Batas Pambansa Bilang 129, As Amended, Otherwise Known as Act of 1980,
Appropriating Funds Therefor and For Other Purposes.
13
Section 5, Republic Act No. 8369: An Act Establishing Family Courts Granting them
Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas Pambansa
Bilang 129, As Amended, Otherwise Known as Act 1980, Appropriating Funds Therefor
and For Other Purposes.
14
Section 26, A.M. No. 02-1-18-SC: Rule on Juveniles in Conflict with the Law [February
28, 2002]
15
Section 8, Republic Act No. 8369: An Act Establishing Family Courts Granting them
Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas Pambansa
Bilang 129, As Amended, Otherwise Known as Act 1980, Appropriating Funds Therefor
and For Other Purposes.
188
Save the Children – UK
16
Section 11, Presidential Decree No. 1275: Reorganizing The Prosecution Staff Of The
Department Of Justice And The Offices Of The Provincial And City Fiscals, Regionalizing
The Prosecution Service, And Creating The National Prosecution Service.17
Available at http://www.pao.gov.ph/.
18
Available at http://www.pao.gov.ph/index.php?nav=prof&cat=Mandate.
19
Section 9, Republic Act No. 8369: An Act Establishing Family Courts Granting them
Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas Pambansa
Bilang 129, As Amended, Otherwise Known as Act 1980, Appropriating Funds Therefor
and For Other Purposes.
20
Section 10, Republic Act No. 8369: An Act Establishing Family Courts Granting them
Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas Pambansa
Bilang 129, As Amended, Otherwise Known as Act 1980, Appropriating Funds Therefor
and For Other Purposes.
21
Section 63, Republic Act No. 6975: An Act Establishing the Philippine National Police
under a Reorganized Department of Interior and Local Government, and For Other
Purposes.
22
Id.
23
Section 23, Presidential Decree No. 968, Establishing a Probation System, Appropriating
Funds Therefor and For Other Purposes [1976] (amended by Presidential Decree No.
1990 [1985]).
24
Section 483, Republic Act No. 7160: The Local Government Code of the Philippines.
Chapter 3
25
Precursor to the Regional Trial Courts designated as Family Courts.
26
Bautista, Rosa Maria J., Profile of the Youthful Offender of Metro Manila, as cited in Salute
to Youth (UP Law Center, Quezon City: 1989), p.122.
27
Carlota, Salvador T. and Annadaisy J Carlota, Legal and Psychological Perspectives on
Philippine Juvenile Delinquency (Manila: 1983), p. 2.
28
Id.
29
Id., p. 114.
30
Id.
31
Id., p. 115.
32
Id., pp. 116-117.
33
PUP Department of Sociology, The Situation of Youthful Offenders in The Philippines,
unpublished (1993) p. 249.
34
Id., pp. 250-253.
35
Survey on Youth Offenders at Camp Sampaguita and Correctional Institute for Women
{Bureau of Child and Youth Welfare, Department of Social Welfare and Development,
1993), p. 69.
Endnotes
189
36
Id., pp. 69-70.
37
Lamberte, Dr. Exaltacion E., Today’s Metro Manila Street Children, (Manila: 1996), p. 61.
38
Id., p. 63.
39
Vagrancy
40
Lamberte, p. 38.
41
Lamberte, p. 39.
42
Youth in Detention: Issues and Challenges, A Nationwide Survey, A Project of the
Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p. 42.
43
Situation of Children and Women in the Philippines, 1997 (Manila) pp.19-20.
44
Id., p.138.
45
National Youth Commission, Situation of the Youth in the Philippines 1998 (Manila, 1998)
pp. 135-138.
46
Defined as someone “below 18 years old and who committed a misdemeanour but
whose case is not filed in court,” National Youth Commission, Situation of the Youth in
the Philippines 1998 (Manila, 1998) pp. 139-140.
47
Id., pp. 140-143.
Chapter 4
48
Revised Penal Code, Art. 12(1).
49
Presidential Decree 603, Art. 189.
50
Revised Penal Code, Art. 12(3).
51
People vs. Doqueña, 68 Phil. 580 (1932).
52
Antonio L. Gregorio, Fundamentals of Criminal Law Review 1088, 8th ed. , p. 62, quoting
People vs. Navarro (CA) 51 O.G. 4092.
53
Revised Penal Code, Art. 13(2).
54
Guevarra vs. Almodovar (1989) 169 SCRA 475.
55
Revised Penal Code, Art. 12(1).
56
Art. 189.
57
Guevarra vs. Almodovar (26 January 1989) G.R. No. 75256.
58
RA 8369, Sec 5(a).
59
Rule on Juveniles in Conflict with the Law, Sec.1
60
Rule on Juveniles in Conflict with the Law, Sec.4 (m). See also Sec. 5 stating, “A minor
under 9 years of age at the time of the commission of the offence shall be exempt from
criminal liability. A minor 9 years of age and above but under fifteen years of … if he has
acted with discernment, he shall be proceeded against in accordance with … the Rule”
190
Save the Children – UK
61
People vs. Subido (5 September 1975) G.R. No. L-21734. See also Lina Lim Lao vs. Court
of Appeals and People (1 September 1994) G.R. No. 119178; Centeno vs.VillalonPornillos and People, G.R. No. 113092; People vs. Deleverio G.R. Nos. 118937-38 and
People vs. Malunes 247 SCRA 317.
62
See 1987 Philippine Constitution, Article VII, Sec. 1.
63
Joaquin G. Bernas. The 1987 Philippine Constitution: A Reviewer - Primer. 2nd ed. (1992).
64
The Official Gazette is an official publication of the Government containing newly
enacted laws and newly promulgated cases by the Supreme Court.
65
People vs. Doqueña (1932) 68 Phil 580.
66
Antonio L. Gregorio. Fundamentals of Criminal Law Review, 1088. 8th ed, p. 62, quoting
People vs. Navarro (CA) 51 O.G. 4092.
67
People vs. Subida, unreported case (1961), quoting People vs. Nieto (1958) 103 Phil 113.
68
US vs. Maralit (1917) 36 Phil 155, 158.
69
Reyes. Revised Penal Code. 12th ed, 1981, p.2.
70
Guevarra vs. Almodovar (1989) 169 SCRA 476, 482.
71
People vs. Doqueña (1932) 68 Phil 580, 583; Guevarra vs. Almodovar (1989) 169 SCRA
476, 481.
72
Rita Atkins. Introduction to Psychology. 1990, p. 80.
73
Mavis Hetherington and Ross Parke, Child Psychology: A Contemporary Viewpoint. 1968,
p. 368.
74
Helen Bee. The Developing Child. 1986, p. 368.
75
David Elkland. A Sympathetic Understanding of the Child, Birth to Sixteen. 3rd ed. 1994,
p. 421.
76
Diane Papalia and Sally Wendkows Oldes. A Child’s World: Infancy through Adolescence.
1990, p. 466.
77
Id, p. 468.
78
Diane Papalia and Sally Wendkows Oldes. A Child’s World: Infancy through Adolescence.
1990, p. 468.
79
Id..
80
UNICEF. Implementing Handbook for the Convention on the Rights of the Child. 1998, p.
12.
81
PD 603, Art. 191.
82
Ibid.
83
Ibid, Art. 189.
84
PD 603, Art. 189, as amended by the Family Courts Act, RA 8369, Sec. 5(a).
85
Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation
of Youth Offenders, Sec. 19.
Endnotes
191
86
Revised Rules of Court, Rule 110, Sec. 2.
87 Citizen’s arrest is allowed in cases of (a) lawful warrantless arrest provided in Sec. 5 of
the Revised Rules of Criminal Procedure, e.g. person is caught in the act of committing
a crime, or (b) Sec. 10 where an officer making a lawful arrest summons orally as many
person as he or she deems necessary to assist him in effecting an arrest.
88
Revised Rules of Criminal Procedure, Rule 113, Secs. 3 and 5; Rule on Juveniles in
Conflict with the Law, Sec. 7.
89
Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation
of Youth Offenders, Sec. 5.
90
Revised Rules of Criminal Procedure, Rule 110, Sec. 5.
91
Ibid.
92
Revised Penal Code, Art. 124: Delay in the delivery of detained persons to the proper
judicial authorities; See also Art. 267: Kidnapping and serious illegal detention and 268:
Slight illegal detention.
93
Rule on Juveniles in Conflict with the Law, Sec. 6 (a-f); See also Rules on Regulation on
the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders, Secs.
4-5.
94
Id., Sec. 5.
95
Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation
of Youth Offenders, Sec. 4.
96
Rule on Juveniles in Conflict with the Law, Sec. 6 (g).
97
Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation
of Youth Offenders, Sec. 4.
98
PD 1179, Art. 192 and Rules on Regulation on the Apprehension, Investigation,
Prosecution and Rehabilitation of Youth Offenders, Sec. 7; Rule on Juveniles in Conflict
with the Law, Sec. 6 (h).
99
Rule on Juveniles in Conflict with the Law, Sec. 6 (h-i).
100
RA 8369, The Family Courts Act of 1997, Sec. 9 and 10. See also Sec. 11.
101
Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation
of Youth Offenders, Sec. 6 to 9; and Rule on Juveniles in Conflict with the Law, Sec. 8.
102
The 1987 Philippine Constitution, Art. III, Sec. 12.
103
Revised Penal Code, Art. 125 (12 hours for light penalties, 18 hours for correctional
penalties, 36 hours for afflictive penalties).
104
Rule on Juveniles in Conflict with the Law, Sec. 8.
105
Id., Sec. 9.
106
Id., Sec. 10.
107
Id., Sec. 4(d).
108
Interview with Mary Vargas, DSWD-National Capital Region (NCR) Social Worker Officer.
192
Save the Children – UK
109
Rules and Regulation on the Apprehension, Investigation, Prosecution and
Rehabilitation of Youth Offenders, Sec. 6 to 9 and Rule on Juveniles in Conflict with the
Law, Sec. 9.
110
Manual of Prosecutor, DOJ Issuance No. 153 dated 28 May 1996, p.8.
111
Revised Rules on Criminal Procedure, Rule 112, Sec. 1.
112
Id, Sec. 2, The following may conduct preliminary investigations: (a) Provincial or City
Prosecutors and their assistants; (b) Judges of the Municipal Trial Courts and Municipal
Circuit Trial Courts; (c) National and Regional State Prosecutors; and (d) other officers
as may be authorized by law.
113
See Rule 112, sec. 3 and Rule on Juvenile in Conflict with the Law, Sec. 11 and 13.
114
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, Article
III.17.
115
Id.
116
International Convention on Civil and Political Rights, Art 10(2)(b).
117
Convention on the Rights of the Child, Art. 37, 40.
118
Sec. 1B: Criminal Cases: (1) Violations of traffic laws, rules and regulations;
(2) Violations of the rental law; (3) violations of municipal or city ordinances; (4) All
other criminal cases where the penalty prescribed by law for the offence charged
is imprisonment not exceeding six months, or a fine not exceeding (Php1,000), or
both, irrespective of other imposable penalties, accessory or otherwise, or of the
civil liability arising therefrom; provided, however, that in offences involving damage to
property through criminal negligence, this Rule shall govern where the imposable fine
does not exceed ten thousand pesos (Php10,000).
119
Rule on Juvenile in Conflict with the Law, Sec. 15.
120
Id., Sec. 16.
121
Bail is a mode short of confinement that would, with reasonable certainty, insure the
attendance of the accused at his or her trial. It usually takes the form of a deposit
of money or its equivalent as a guarantee of such attendance and which deposit is
forfeited upon failure to appear (Bernas, The 1987 Philippine Constitution, A Reviewer
Primer. 2nd ed. 1992).
122
1987 Philippine Constitution, Art. III; PD 603, Art. 191; Rule on Juvenile in Conflict with
the Law, Sec. 16.
123
Rule 114, Sec. 4.
124
PD 603, Art. 191; Rules on Regulation on the Apprehension, Investigation, Prosecution
and Rehabilitation of Youth Offenders, Sec. 11; Rule on Juvenile in Conflict with the
Law, Sec. 18.
125
PD 603 Art. 202; Rules on Regulation on the Apprehension, Investigation, Prosecution
and Rehabilitation of Youth Offenders, Sec. 12.
126
Ibid, Sec. 13.
127
RA 8369, Sec. 8.
Endnotes
193
128
PD 603, Art. 19.
129
RA 8369, Sec. 8.
130
Beijing Rules, Rule 17.
131
International Covenant on Civil and Political Rights, Art. 14.4.
132
RA 8369, Sec. 5(a).
133
Rules on Juvenile in Conflict with the Law, Sec. 11.
134
Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation
of Youth Offenders, Sec. 11; Rule on Examination of a Child Witness, Sec. 4(a). A
“guardian ad litem” is a person appointed by the court where the case is pending
for a child who is a victim of, accused of, or a witness to a crime to protect the best
interests of the said child. See also Sec. 5(a-f) on role of guardian ad litem
135
Art. III, Sec. 14; See also Rules on Juvenile in Conflict with the Law, Sec. 26 (a-k),
enumerating the rights of the child in conflict with the law during trial.
136
Rules on Juvenile in Conflict with the Law, Sec. 26(c).
137
Rules on Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation
of Youth Offenders, Sec. 20.
138
Rule on Juveniles in Conflict with the Law, Sec. 27.
139
Pre-Trial Conference is mandatory in criminal cases. The Revised Rules on Criminal
Procedure Rule 118, Sec. 1 states that the following should be considered during
pre-trial: (a) plea bargaining; (b)stipulation of facts; (c) marking for identification of the
parties; (d) waiver of objections to admissibility of evidence; e) modification of the
order of trial if the accused admits the charge but interposes a lawful defence; and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil
aspects of the case.
140
Rule on Juvenile in Conflict with the Law, Sec. 28.
141
Id., Sec. 29.
142
Sec. 30.
143
RA 8369, The Family Courts Act Of 1997, Sec. 5 (A); Rule On Juveniles in Conflict with
the Law, Sec. 31; Revised Rules of Criminal Procedure, Rule 120, Sec. 31.
144
PD 603, Art. 192, as amended by RA 8369. Sec. 5(a).
145
PD 603, Art. 192, as amended by PD 1179.
146
Rule on Juvenile in Conflict with the Law, Sec. 32.
147
Revised Penal Code, Art. 68.
148
RA 7659, The Death Penalty Law, Sec. 22.
149
Rule on Juvenile in Conflict with the Law, Sec. 33.
150
Id.
151
Id.
194
Save the Children – UK
152
Id., Section 34.
153
PD 968 as amended, Probation Law of 1976.
154
Id., Sec. 3, 4.
155
Id., Sec. 9.
156
PD 968, as amended; Probation Law of 1976, Sec. 16.
157
Id.
158
Id. , Sec. 17.
159
PD 603, Art. 199; See also Rules and Regulation on the Apprehension, Investigation,
Prosecution and Rehabilitation of Youth Offenders, Sec. 31.
160
PD 603, Article 200; Rules and Regulation on the Apprehension, Investigation,
Prosecution and Rehabilitation of Youth Offenders, Section 34.
161
Rule on Juvenile in Conflict with the Law, Sec. 34.
162
Id., Sec. 36.
163
PD 603, Art. 200.
164
Rule on Juvenile in Conflict with the Law, Sec. 1, 5.
165
Almodovar vs. Guevarra (26 January 1989) 169 SCRA 476.
166
Rule on Juvenile in Conflict with the Law, Sec. 4(p).
167
Bravo vs. Borja (18 February 1985), G.R. No. L-65228.
168
RA 9165, Sec. 25.
169
See RA 9165, Sec. 55. Exemption from the Criminal Liability under the Voluntary
Submission Program. A drug dependent under the voluntary submission program,
who is finally discharged from confinement, shall be exempt from the criminal liability
under Sec. 15 of this act subject to the following conditions: (1) He/she has complied
with the rules and regulations of the Centre, the applicable rules and regulations of
the Board, including the after-care and follow-up program for at least eighteen (18)
months following temporary discharge from confinement in the Centre or, in the case
of a dependent placed under the care of the DOH-accredited physician, the after-care
programme and follow-up schedule formulated by the DSWD and approved by the
Board: Provided that capability-building of local government social workers shall be
undertaken by the DSWD; (2) He/she has never been charged or convicted of any
offence punishable under this Act, the Dangerous Drugs Act of 1972 or RA 6425, as
amended; the Revised Penal Code, as amended; or any special penal laws; (3) He/she
has no record of escape from a Centre: Provided, that had he/she escaped, he/she
surrendered by himself/herself or through his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity, within one (1) week from the date
of the said escape; and (4) He/she poses no serious danger to himself/herself, his/her
family or the community by his/her exemption from criminal liability.
170
RA 9165, Sec. 57.
171
Id.
Endnotes
195
172
RA 9165, Sec. 66.
173
Id, Sec. 70.
174
PD 1563, Sec. 3(a).
175
PD 1563, Sec. 5.
176
RA 7610, Sec. 5.
Chapter 5
177
1987 Philippine Constitution, Art.VI, Sec. 1.
178
RA 7160, Sec. 390 (Hereinafter cited as The Local Government Code).
179
The Local Government Code, Sec. 391.
180
City Council
181
Local Government Code, Sec. 457.
182
Supreme Court decision in Garcia vs. Commission on Elections (30 September 1994)
G.R. No. 111230 as cited in Alberto C. Agra. Compendium on Local Autonomy and Local
Government 1992-1997. 2nd ed. 1997, p. 195.
183
Department of Interior and Local Government Opinion No. 31-1996, as cited in
Alberto C. Agra. Compendium on Local Autonomy and Local Government 1992-1997, 2nd
ed., 1997, p. 195.
184
Ordinance No. 7918 entitled, “An Ordinance Prohibiting Any Person or Owner/
Manager of Business Establishments to Sell, or Cause the Selling or Peddling of
Industrial or Commercial Adhesives, Solvents and other Related Volatile Substances to
Minors, and for Other Purposes.” (19 December 1996).
185
Id. Sec. 1.
186
Id. Sec. 3.
187
Id. Sec. 4.
188
Id. Sec. 5.
189
PD 603 (See discussion under Title VIII, Chapter 3).
190
Ordinance No. 7918, Sec. 7.
191
Ordinance No. 7931 effectively repealed Sec. 842-A and B of City Ordinance Nos.
2878, 2927 and 4012 on the curfew hours.
192
Ordinance No. 8046 entitled, “An Ordinance Declaring the Hours from 10:00 p.m.
to 4:00 a.m. of the following day as ‘Barangay Curfew Hours’ for Children and Youths
below Eighteen (18) Years of Age, Prescribing Penalties Therefor, and for other
Purposes” (14 October 2002).
193
Id. Sec. 2.
194
Id.
196
Save the Children – UK
195
Id. Sec. 2(d).
196
Id. Sec. 4.
197
Id. Sec. 5.
198
Id. Sec. 3.
199
Resolution for the Implementation in Zone 74, District V, Paco Manila of Curfew Hours
from 10:00 p.m. to 5:00 a.m. for Minors 17 Years Old and below.
200
Resolution Directing All Concerned Barangay Officials of Zone 55 District IV, Manila
to Take Necessary Actions to Combat Criminality Including the Imposing of Curfew in
their Respective Areas.
201
An Ordinance Prohibiting Indecent Exposure and Disorderly Behavior Outside the
Immediate Vicinity of Any Night/Day Entertainment Spot in the City of Manila; and
Providing Penalty for Violation Thereof (27 April 1990).
202
Id. Sec. 2.
203
Id. Sec. 1.
204
Id.
205
Id. Sec. 3.
206
Ordinance No. 7780 entitled, “An Ordinance Prohibiting and Penalizing the Printing,
Publication, Sale, Distribution and Exhibition of Obscene and Pornographic Acts and
Materials and the Production, Rental, Public Showing and Viewing of Indecent and
Immoral Movies, Television Shows, Music Records,Video and VHS Tapes, Laser Discs,
Theatrical or Stage and Other Live Performances, Except those Reviewed by the
Movie Television Review and Classification Board,” Sec. 3 (19 February 1993).
207
Id. Sec. 2(A).
208
Id. Sec. 2(B).
209
Id. Sec. 4.
210
Ordinance No. 7791 entitled, “An Ordinance Prohibiting Sexual Relations with, and
Solicitation or Procurement of, Prostitutes and Other Related Acts, Providing the
Penalties Therefor.” Sec.1. (11 June 1993).
211
Id. Sec. 2.
212
Id. Sec. 3(b).
213
Id. Sec. 3(c).
214
Id. Secs. 4 and 4(a).
215
Id. Sec. 4(b).
216
Ordinance No. 7824 entitled, “An Ordinance Prohibiting Minors from Smoking
Cigarettes, Cigars, and Other Tobacco Products within the City of Manila.” Sec. 1 (09
December 1993).
217
Id. Sec. 4.
Endnotes
197
218
Id. Sec. 5.
219
An Ordinance Prohibiting the Selling of Cigarettes, and Cigarette Paraphernalia to
Minors and Providing Penalties for Violation Thereof (18 February 1994).
220
Id. Sec. 3.
221
An Ordinance Prohibiting Any Person, Owner, Operator, Administrator, Manager,
or Person in Charge of Operation of Restaurants, Eateries and Other Similar
Establishments to Allow Children Below Eighteen (18) Years Old to Stay, Loiter or be
Seated at Designated Smoking Areas Within Subject Establishments, Providing Penalties
for Violation Thereof and for Other Purposes (18 March 1998).
222
Id. Sec. 2.
223
Id. Sec. 3.
224
Id. Sec. 4.
225
Ordinance No. 7971 entitled “An Ordinance Amending Ordinance No. 6511,
Prohibiting the Defacing, by Painting, Writing, Scribbling, Scrawling, Drawing, Smearing,
Coloring, Stamping or Inscribing of Window Panes of Buildings, Edifices, Houses or
Structures, Whether Public or Private, of Lampposts, Street Signs, Streets, Sidewalks
or Other Public Property, With Certain Exceptions, and Providing Penalty for Violation
Thereof, and for Other Purposes” (29 October 1999) amending Manila Ordinance No.
6511.
226
Id. Sec. 2.
227
Id.
228
Id. Sec. 3.
229
Ordinance No. 7926 entitled, “An Ordinance Providing for the Public Identification and/
or Publication of Known and/or Confirmed Drug Lords, Drug Pushers, Drug Peddlers
or Brokers and Protectors, Gambling Lords and Protectors and Other Known Criminal
Elements by Painting or Inscribing with Appropriate Markings on their Houses,
Residences, Walls, Gates, Fences or Other Premises Thereof, for the Protection, Safety
and Welfare of the Public, Especially the Youth.” (06 August 1997).
230
Sec. 16 of the General Welfare Clause of the Local Government Code states that: Every
local government unit shall exercise the powers expressly granted, those necessarily implied
therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of the general welfare.Within their
respective territorial jurisdictions, local government units shall ensure and support, among other
things, the preservation and enrichment of culture, promote health and safety, enhance the right
of the people to a balanced ecology, encourage and support the development of appropriate
and self-reliant scientific and technological capabilities, improve public morals, enhance economic
prosperity and social justice, promote full employment among their residents, maintain peace
and order, and preserve the comfort and convenience of their inhabitants.
231
Id. Sec. 1.
232
An Ordinance Prohibiting the Showing of Movie Trailers of Films with R (Restricted)
and PG (Parental Guidance) Classifications During Intermissions/Breaks on the
Duration of Playdates of a GP (General Patronage) Movie/s in the City of Manila,
Providing Penalties Thereof (28 August 1997).
198
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233
Id. Sec. 1.
234
Id. Sec. 2.
235
Ordinance No. SP-572 (21 October 1997).
236
Quezon City Child and Youth Welfare Ordinance, Sec. 28.
237
Id. Sec. 29.
238
Id. Sec. 30.
239
An Ordinance Banning the Use of Pellet Guns/Toy Guns and/or Watusi Pyrotechnics
within Barangay Masambong, San Francisco Del Monte, Quezon City, and the
Imposition of the Corresponding Penalties for Violation Thereof.
240
Watusi is the word used to refer to dancing fire crackers, which are very popular
among young children in the Philippines.
241
The sampaguita are small white fragrant flowers found throughout Southeast Asia.
242
Rugby is a coined word for a type of commercial adhesive.
243
Id. Sec. 7, in relation to Sec. 4(g).
244
Id. Sec. 8(b).
245
Id.
246
Id. Secs. 7(b) and 11(b).
247
Id. Sec. 11(a).
248
Id. Sec. 8(b).
249
Id. Sec. 19.
250
Id. Sec. 20.
251
Id. Sec. 22.
252
Id. Sec. 23.
253
Id. Sec. 27.
254
A Resolution Strongly Urging Parents of Children and/or Minors Below Eighteen
Years of Age to Control and/or Regulate the Movements of their Children after 12:00
O’clock Midnight and Before 4:00 O’clock the Following Morning (As Amended by
Resolution No. 5/A S-2002), Every Night, Unless on Special and/or Emergency Cases
Where the Parents are Strongly Urged to Issue a Written Consent to the Minor
Concerned, or Else the Full Force of the “Vagrancy Law” will be Imposed.
255
An Ordinance Implementing a City-Wide and Homogenous Night-Time Ban Policy for
Minors, Aged Seventeen (17) Years Old and Below from the Streets, and Providing for
the Corresponding Penalties for Violators and/or Offenders Thereof (1997).
256
An Ordinance Amending and Providing the Necessary Safeguards to City Ordinance
No. 0247, Series of 1997, Implementing a City-Wide and Homogenous Night-Time
Ban Policy for Minors Aged Seventeen (17) Years Old and Below from the Streets, and
Providing the Corresponding Penalties for Offenders and/or Violators Thereof (1998).
Endnotes
199
257
Ordinance No. 0247, Secs. 3 and 6.
258
Ordinance No. 0259. Sec. 4.
259
Ordinance No. 0247. Sec. 4, as amended by Ordinance No. 0259, Sec. 1.
260
Ordinance No. 0259. 4th Whereas.
261
Ordinance No. 0259 (s. of 1998), Sec. 5 amending Ordinance No. 0247 (s. of 1997),Sec. 8.
262
English translation.
263
An Ordinance Providing for Child Survival, Development, Protection, Security and
Participation and Establishing a Comprehensive Children Support System in Pasay City
and for Other Purposes (13 February 2001). [Hereinafter referred to as the “Child
Welfare Code of Pasay City.”]
264
Id. Sec. 25.
265
Id.
266
Ordinance No. 290 entitled “An Ordinance Prohibiting Minors Below Eighteen (18)
Years of Age from Entering The Pasay City Cockpit Coliseum for Purpose of Setting or
Participating in Betting as ‘Kristo’ and Entering the Ring or ‘Rueda’ Before or During
the Actual Cockfight in View of the Hazard Posed by the Sharp Blades (GAFF) Attached
to the Fighting Cocks and/or Act as Gaffer, ‘Sulatdor,” or ‘Nagpapatuka’” (25 July 1994).
267
Id. Sec. 1.
268
Id. Sec. 2.
269
An Ordinance Amending Ordinance No. 181 S-1992 to Read as “Ordinance Imposing
Curfew Hour to All Persons Below 18 Years of Age Starting Ten (10:00) o’clock in the
Evening up to Four (4:00) o’clock in the Morning of the Following Day and Providing
Penalties to Violators Thereof” (22 October 1996).
270
An Ordinance Providing For Child Survival, Development, Protection, Security and
Participation and Establishing a Comprehensive Children Support System in Pasay City
and for Other Purposes, Sec. 39 (13 February 2001).
271
Ordinance No. 688 (on curfew hours), supra note 82, Sec. 3.
272
Id.
273
Id. Sec. 5.
274
Id. Sec. 4.
275
Child Welfare Code of Pasay City, Sec. 39.
276
“An Ordinance Prohibiting the Recruitment of Minors to All Fraternities and Other
Similar Organizations and Providing Penalty Thereof” (31 August 1992).
277
Id. Sec. 2.
278
Id. Sec. 1(c).
279
Id. Sec. 1(b).
280
Id. Sec. 3.
200
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281
An Ordinance Prohibiting the Drinking of Intoxicating Liquor and Beverage in Any
Public Place, Building and Cemetery in Pasay City at any Time of the Day or Night and
Providing for Violations Therefore (10 May 1994).
282
Id. Sec. 4.
283
An Ordinance Regulating The Sale Or Dispensation Of Intoxicating Liquors And
Beverages To Minors (07 September 1999).
284
Id. Sec. 2.
285
Id. Sec. 4.
286
Ordinance No. 1545 entitled, “An Ordinance Amending Ordinance 210 S-1993
Prohibiting the Exhibition of Lewd or Obscene Shows in Pasay City” (29 June 1999).
287
Child Welfare Code of Pasay City, Sec. 25.
288
Ordinance 311-A entitled, “An Ordinance Prohibiting Roller and Skateboard Skaters
from Using National and City Roads and Imposing Penalties for Violators Thereof, Sec. 1
(26 September 1994).
289
Id.
290
Ordinance No. 228 entitled, “An Ordinance Prohibiting Any Person Who are Under the
Age of Eighteen (18) Years Old from Buying/Acquiring and Smoking Cigarettes/Cigars.”
4th Whereas and Sec. 3 (13 September 1993).
291
Id. Sec. 4.
292
Id.
293
Ordinance No. 1383 entitled, “An Ordinance Prohibiting The Manufacture, Sale And
Possession of Toy Guns With Pellet Bullets in Pasay City And Imposing Penalties For
Violation Thereof.” (14 September 1999).
294
Id. Sec. 2.
295
Id. 2nd to 4th Whereas.
296
Id. Sec. 3.
297
Id. Sec. 4.
298
Ordinance No. 1496 (1999).
299
An Ordinance Prohibiting The Consumption or Drinking of Beer, Wine, Liquor or
Similar Intoxicating Beverages in Public Places And Providing Penalty for Violations
Thereof, Sec. 2 (07 November 1995).
300
Id. Sec. 1.
301
Id. Sec. 4.
302
Ord. No. 01-07 (703) entitled, “An Ordinance Penalizing Any Person Operating a Motor
Vehicle under the Influence of Alcoholic Beverages within the Territorial Jurisdiction of
the City of Parañaque.” (26 October 2001).
303
Id. Sec. 2.
Endnotes
201
304
Id. Sec. 4.
305
An Ordinance Restricting the Sale of Cigarettes, Liquors and Other Intoxicating
Beverages by Owners and/or Operators or Their Agents and Sellers of Business
Establishments to Minors 17 Years and Below (10 October 1995).
306
Id. Sec. 2.
307
Id. Sec. 5.
308
Ordinance No. 99-12 (575) entitled “An Ordinance Imposing a Curfew for All Youths
Below Fifteen Years of Age Between the Hours of Ten o’clock p.m. to Four o’clock a.m.,
Providing its Exceptions and Penalties for Violation Thereof,” Sec. 1 (14 September
1999).
309
Id.
310
Id. Sec. 2.
311
Id. Sec. 3.
312
Id. Sec. 4.
313
“An Ordinance Prohibiting Jaywalking along Major Thoroughfares within the
Municipality and Providing Penalties Thereof” (02 July 1996).
314
Id. Sec. 2.
315
An Ordinance Prohibiting Drivers/Operators and Passengers from Smoking Inside
Public Utility Jeepneys, Buses, Taxicabs or Any Other Public Conveyance Operating
in or through the City of Parañaque, Providing Penalties for Violation Thereof (16
November 1999).
316
Id. Sec. 3.
317
Id. Sec. 4.
318
An Ordinance Restricting The Sale of Cigarettes, Liquors And Other Intoxicating
Beverages By Owners And/Or Operators Or Their Agents And Sellers Of Business
Establishments To Minors 17 Years And Below (10 October 1995).
319
Id. Sec. 2.
320
Id. Sec. 5.
321
An Ordinance Penalizing Vandalism on Public and Private Properties, Sec. 1 (02 July
1996).
322
Ordinance No. 4728 entitled, “An Ordinance Changing the Name ‘Council for the
Prevention of Juvenile Delinquency’ Appearing in Ordinance No. 2950, as Amended by
Ordinances Nos. 2998, 3498 and 3509, to “Youth Welfare Council” (26 May 1960).
323
Ordinance No. 4588 entitled, “An Ordinance Appropriating the Amount of P20,000
to be Made Available for the Purchase of Equipment and Other Devices for the Use
of the Juvenile Control Bureau of the Manila Police Department in Notifying Parents
or Guardians of Estranged or Lost Children Detained in the Said Bureau” (29 August
1962).
202
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324
Ordinance No. 4728 entitled, “An Ordinance Appropriating the Amount of P60,000.00
to be Made Available for the Construction of a Building Which Will House the Juvenile
snd Domestic Relations Court Near the Youth Reception Center at Arroceros Street,
Manila” (21 March 1963).
325
Quezon City Child and Youth Welfare Ordinance, Sec. 11.
326
Id. Sec. 12(a).
327
Id. Sec. 12(b).
328
Id. Sec. 12(c).
329
Id. Sec. 15.
330
Id. Sec. 16.
331
Id. Sec. 17.
332
Ordinance No. SP-1026 entitled, “An Ordinance Creating the Quezon City Council for
the Protection of Children, Defining Its Functions and Membership, Technical Working
Group, and for Other Purposes” (20 February 2001).
333
Resolution No. SP-524 entitled, “A Resolution Adopting and Supporting the Provisions
of the United Nations Declaration on the Rights of the Child, the World Declaration
on the Survival, Protection and Development of Children, and the Rights of Girl-Child
Embodied at the Beijing Platform of Action for Women and Urging the Legislative and
Executive Branches of Government to Enact Laws and Implement Plans and Programs
Related to the Above Issues” (24 October 1995).
334
Ordinance No. SP-5 entitled, “Ordinance Establishing the ‘Quezon City Hall Yakap,’ A
Day Care Center for Children Ages 3 to 6 of Parents Employed In Quezon City Hall
and Appropriating the Amount of Fifty Thousand pesos Therefor from Any Available
Funds” (03 August 1992).
335
Ordinance No. NC-146 entitled, “Ordinance Establishing the Quezon City Drug
Treatment and Rehabilitation Center and Appropriating the Amount of Nineteen
Million Seven Hundred Sixty Two Thousand Pesos for the Purpose” (16 April 1990).
336
An Ordinance Providing for Child Survival, Development, Protection, Security and
Participation and Establishing A Comprehensive Children Support System in Pasay City
and for Other Purposes (13 February 2001).
337
Resolution No. 1586 entitled, “Resolution Authorizing the Honorable City Mayor
Wenceslao B. Trinidad, to Enter into and Sign in Behalf of the City Government
of Pasay, A Memorandum of Agreement with the Department of Interior and
Local Government (DILG) Represented by its Secretary, Hon. Alfredo Lim, on the
Establishment and Maintenance of the Street and Urban Working Children Project’s
(SUWCP) Social Development Center (SDC)” (08 November 2000).
338
Resolution No. 1274 entitled, “A Resolution Requiring All Barangay Captains of Pasay
City to Create Their Local Barangay Anti-Drug Abuse Council (BADAC) in Their
Respective Jurisdictions” (22 June 1999).
Endnotes
203
339
Resolution No. 456 entitled, “A Resolution Requesting the Department of Social
Welfare and Development, Non-Government Organizations as well as the Chairman of
the Committee on Youth and Sports Development, to Coordinate for the Study of the
Feasibility of Establishing a Shelter for Street Children in Pasay City” (28 September
1992).
340
Resolution No. 02-33 (2677) entitled, “A Resolution Extending Financial Assistance in
the Amount of Three Hundred Thousand Pesos (P300,000.00) to Tambo Youth Circle
(TYC) Balikatan ng mga Kababaihan ng Don Galo, Kudyapi, Philippines” (05 March
2002).
341
Resolution No. 01-47 (2530) entitled, “A Resolution Authorizing the Hon. Mayor
Joey P. Marquez to Sign for and in Behalf of the City Government of Parañaque the
Memorandum of Agreement with the Save the Children Foundation to Enable the
Latter to Reach a Wider Number of Children, Parent/Caregivers and Community
Members” (07 August 2001).
342
Resolution No. 00-83 entitled, “A Resolution Granting Locational Clearance to Sister
Phillip/Sr. Salecia for Their Proposed St. Joseph House (Orphanage) Located at L-1-A-2,
1-A-3 & 1-A-4 El Dorado Avenue, Levitown, Barangay Don Bosco, City of Parañaque,
Metro Manila” (01 August 2000).
343
Ordinance No. 01-03 (695) entitled, “An Ordinance Creating and Establishing a
Culture, Arts and Music Training Center for Out-of-School Youth, Street Children and
Other Less Privileged Sector in the City of Parañaque.” (27 February 2001).
344
Ordinance No. 00-19 entitled, “An Ordinance Granting a Monthly Allowance of Five
Hundred Pesos (P500.00) Each for the Special Children of Parañaque Currently
Enrolled in the Special Education Program of DECS And Appropriating Funds Therefor”
(10 October 2000).
345
Ordinance No. 00-17 entitled, “An Ordinance Establishing a Post-secondary/Tertiary
Educational Institution of Science and Technology and Appropriating Funds for the
Purpose” (02 October 2000).
346
Ordinance No. 93-12 entitled, “An Ordinance Establishing a Half-Way Home for Drug
Dependents to be Administered by Technical Personnel and Providing Funds Therefor.”
(29 June 1993).
347
A Resolution Organizing the Barangay Council for the Protection of Children (BCPC)
by the Barangay Council Pursuant to PD 603 And DILG Memoranda Circular 90-01
and 94-14.
348
Rule on Juveniles in Conflict with the Law, Section 2.
349
Refer to Chapter Three on Related Studies.
350
Resolution of the Supreme Court en banc dated 15 October 1991 providing for the
Revised Rule on Summary Procedure for Metropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts.
351
Emphasis supplied.
352
Emphasis supplied.
353
Emphasis supplied.
204
Save the Children – UK
354
Emphasis supplied.
355
Quezon City Ordinance No. 4, S-2002.
356
An Ordinance Banning the Use of Pellet Guns/Toy Guns and/or Watusi Pyrotechnics
within Barangay Masambong, San Francisco Del Monte, Quezon City, and the
Imposition of the Corresponding Penalties for Violation Thereof.Ch. 6 Notes 357 - 384
Chapter 6
357
Section 15 (a), Rule 110.
358
Bautista, Rosa Maria J., Profile of the Youthful Offender of Metro Manila, as cited in
Salute to Youth U.P(. Law Center, Quezon City: 1989), p. 154.
359
Youth In Detention: Issues and Challenges, A Nationwide Survey, A Project of the
Research Committee of the Philippine Action for Youth Offender (Manila 1996), p.11.
360
PNP Youth Offender Data Monitoring System (January to December 2001).
361
“Youth In Detention: Issues and Challenges, A Nationwide Survey.” A Project of the
Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p. 13.
362
PNP Youth Offender Data Monitoring System (January to December 2001).
363
Of the 19 children in high school, 12 were in first year; 5 in second year and 2 in third
year.
364
Of the 14 children in elementary, 1 was in Grade One; 2 were in Grade Two; 1 in
Grade Three; 1 in Grade Four; 4 in Grade Five; 4 in Grade Six and 1 did not indicate
the grade level.
365
When the 35 children interviewed were asked if they were attending school before
their arrest, 13 children answered in the affirmative; 21 children said that they stopped
schooling before their arrest and 1 child did not provide an answer.
366
Bautista, Rosa Maria J., Profile of the Youthful Offender of Metro Manila, as cited in
Salute to Youth (UPLaw Center, Quezon City: 1989), p.154.
367
Youth In Detention: Issues and Challenges, A Nationwide Survey, A Project of the
Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p. 20.
368
Youth In Detention: Issues and Challenges, A Nationwide Survey, A Project of the
Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p. 16.
369
Bautista, Rosa Maria J., “Profile of the Youthful Offender of Metro Manila,” as cited in
Salute to Youth (U.P. Law Center, Quezon City: 1989), p. 155.
370
“Youth In Detention: Issues and Challenges. “ A Nationwide Survey. A Project of the
Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p. 17.
371
The tricycle, a motorcycle with a side car used for carrying passengers, is an alternative
means of transportation most commonly used in the side streets of Metro Manila and
in many other places in the country.
372
A pedicab is a bicycle with a side car that is used as a means of public transportation. It
is usually taken for travel of short distances.
Endnotes
205
373
Bautista, Rosa Maria J., Profile of the Youthful Offender of Metro Manila, as cited in
Salute to Youth (UP Law Center, Quezon City: 1989), p. 154.
374
The Comprehensive Dangerous Drugs Act of 2002, Republic Act No. 9165.
375
Bautista, Rosa Maria J., Profile of the Youthful Offender of Metro Manila, as cited in
Salute to Youth (U.P. Law Center, Quezon City: 1989), p. 139.
376
Survey on Youth Offenders at Camp Sampaguita and Correctional Institute for Women
{Bureau of Child and Youth Welfare, Department of Social Welfare and Development,
1993), p. 30.
377
Youth In Detention: Issues and Challenges, A Nationwide Survey, A Project of the
Research Committee of the Philippine Action for Youth Offender (Manila, 1996), p.27.
378
Shabu is the popular name for metampethamine hydrochloride.
379
Bautista, Rosa Maria J., Profile of the Youthful Offender of Metro Manila, as cited in
Salute to Youth (U.P. Law Center, Quezon City: 1989), p. 154.
380
Bautista, Rosa Maria J., Profile of the Youthful Offender of Metro Manila, as cited in
Salute to Youth (U.P. Law Center, Quezon City: 1989), p. 154.
381
After arraignment, the court is required to order a pre-trial conference to consider the
following: (a) plea bargaining; stipulation of facts; marking for identification of evidence
of the parties; (d) waiver of objections to admissibility of evidence; (e) modification of
the order of trial if the accused admits the charge but interposes a lawful defense; and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil
aspects of the case (Rule 118, Section 1, Revised Rules of Court).
382
Preliminary investigation is required to be conducted before the filing of a complaint
or information for an offense where the penalty prescribed by law is at least four (4)
years, two (2) months and one (1) day without regard to the fine (Rule 112, Section 1,
Revised Rules of Court).
383
Lawyer appointed by the court who is often a government lawyer or public defender.
384
Bautista, Rosa Maria J., Profile of the Youthful Offender of Metro Manila, as cited in
Salute to Youth (UP Law Center, Quezon City: 1989), p. 152.
Chapter 7
385
Art. 87. Council for the Protection of Children. - Every barangay council shall
encourage the organization of a local Council for the Protection of Children and shall
coordinate with the Council for the Welfare of Children and Youth in drawing and
implementing plans for the promotion of child and youth welfare. Membership shall be
taken from responsible members of the community including a representative of the
youth, as well as representatives of government and private agencies concerned with
the welfare of children and youth whose area of assignment includes the particular
barangay and shall be on a purely voluntary basis.
Said Council shall:
(1) Foster the education of every child in the barangay; (2) Encourage the proper
performance of the duties of parents, and provide learning opportunities on the
adequate rearing of children and on positive parent-child relationship; (3) Protect and
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Save the Children – UK
assist abandoned or maltreated children and dependents; (4) Take steps to prevent
juvenile delinquency and assist parents of children with behavioral problems so
that they can get expert advise; (5) Adopt measures for the health of children; (6)
Promote the opening and maintenance of playgrounds and day-care centers and other
services that are necessary for child and youth welfare; (7) Coordinate the activities
of organizations devoted to the welfare of children and secure their cooperation; (8)
Promote wholesome entertainment in the community, especially in movie houses; and
(9) Assist parents, whenever necessary in securing expert guidance counseling from
the proper governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the children. It
shall distribute to parents available literature and other information on child guidance.
The Council shall assist parents, with behavioral problems whenever necessary, in
securing expert guidance counseling from the proper governmental or private welfare
agency.
386
The Miranda Doctrine embodies the rights of the accused which a law enforcer recites
to an individual upon arrest as matter of procedure. This consists of the right to be
warned prior to any questioning that the person has the right to remain silent, that
anything that one says can be used against him/her in a court of law, that one has the
right to presence of any attorney, and that if he/she cannot afford an attorney, one will
be appointed for him/her prior to any questioning if he/she so desires.
387
Sec. 5, Republic Act No. 8369, An Act Establishing Family Courts, Granting Them
Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas
Pambansa Bilang 129, as Amended, Otherwise Known as the Judiciary Reorganization
Act of 1980, Appropriating Funds Therefor and for Other Purposes.
388
Section 11, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC, Supreme
Court, April 15, 2003.
389
For the purposes of this research, criminal cases handled by the respondents are filed
with the Prosecutor only, as the respondents are from Family Courts within Metro
Manila.
390
Section 1 of the 1991 Revised Rule on Summary Procedure provides:
“SECTION 1. Scope. --- This rule shall govern the summary procedure … xxx… in the
following cases falling within their jurisdiction:
B. Criminal Cases:
xxx
xxx
(3) Violations of municipal or city ordinances;
(4) All other criminal cases where the penalty prescribed by law for the offence
charged is imprisonment not exceeding six months … xxx.”
391
Section 3 of Rule 112, Revised Rules of Criminal Procedure provides that, “
392
Rule on Examination of Child Witness, 15 December 2000.
393
Section 13, Rules on Juveniles in Conflict with the Law, A.M. No. 02-1-18-SC, 15 April
2002.
394
Section 14, Id.
395
Section 15, Id.
Endnotes
207
396
Section 16, Id.
397
Section 17, Id.
398
Section 18, Id.
399
Section 19, Id.
400
Section 20, Id.
401
Section 27, Id.
402
Section 1, Rule 119, Revised Rules on Criminal Procedure.
403
Section 2, Id.
404
Section 3, Id.
405
Section 4, Id.
406
Section 29, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC, Supreme Court.
407
Section 30, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC, Supreme Court.
408
Section 31, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC, Supreme Court.
409
Section 6, Rule 120, Revised Rules on Criminal Procedure.
410
Paragraph 1, Section 32, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC,
Supreme Court.
411
Paragraph 2, Section 32, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC,,
Supreme Court.
412
Paragraph 3, Section 32, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC,,
Supreme Court.
413
Paragraph 1, Section 33, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC,,
Supreme Court.
414
Paragraph 2, Section 33, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC,,
Supreme Court.
415
Paragraph 3, Section 33, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC,,
Supreme Court.
416
Paragraph 1, Section 36, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC,,
Supreme Court.
417
Paragraph 2, Section 35, Rules on Juveniles in Conflict with the Law, A.M. 02-1-18-SC,,
Supreme Court.
418
Section 38 provides: “The Family Court, motu proprio or on application of a person
who has been adjudged a juvenile in conflict with the law, or if still a minor, on motion
of his parents or legal guardian, shall, upon notice to the prosecution and after hearing,
order the sealing of the records of the case if it finds that two (2) years have elapsed
since the final discharge of the juvenile after suspension of sentence or probation, or
from the date of the closure order and he has no pending case of an offense or a crime
involving moral turpitude.
Upon entry of the order, the case shall be treated as if it never occurred. All index
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references shall be deleted and in case of inquiry, the Family Court, prosecution, law
enforcement officers and all other offices and agencies that dealt with the case shall
reply that no record exists with respect to the juvenile concerned. Copies of the order
shall be sent to these officials and agencies named in the order. Inspection of the sealed
records thereafter may be permitted only by order of the Family Court upon petition
of the juvenile who is the subject of the records or of other proper parties.
This procedure shall be without prejudiced to the rule on destruction of video or
audio tapes under Section 31 of the Rule on the Examination of a Child Witness.”
419
Section 20, Rules on Juveniles…
420
Section 36, supra.
421
Section 39, supra.
422
This period was taken from the totality of the periods within which the prosecutor
has to act before filing the information in court, and does not include the lapse of time
from the date of issuance of the subpoena or notice to reply to the date of actual
receipt by any party.
423
Article 191, Child and Youth Welfare Code, as amended (1974).
424
Mer Layson, 30 minors bolt Manila youth detention center, available at
http://www.manilatimes.net/national/2002/sept/12/metro/20020912met1.html.
425
Section 32, Rules on Juveniles in Conflict with the Law, Supreme Court A.M. No. 02-118-SC (Effective April 15, 2002).
426
Presidential Decree No. 1990, Amending Presidential Decree No. 968 otherwise
known as the Probation Law of 1976 (October 5, 1985).
427
Presidential Decree No. 968, Probation Law of 1976 (July 24, 1976).
428
Due to the separate offices of city social workers in Manila and Quezon City, their
exact numbers where not ascertained during the interviews.
429
Article 191, Presidential Decree No. 603, as amended.
Chapter 8
430
Due to the nature of their function, some of the questions were not asked of the
Correction pillar. Since their function is the implementation of a decision by the courts,
diversion is not applicable to them.
431
A.M. No. 02-1-18-SC
432
Section 4 (f).
433
Section 4 (g).
434
Section 20.
435
Composed of its branch clerk of court as chairperson, and the prosecutor, a lawyer of
the Public Attorney’s Office and the social worker assigned to the said Family Court,
Section 21.
436
Section 20.
Endnotes
209
437
In making its recommendation, the Committee shall consider the following factors:
a) The record of the juvenile on his conflict with the law;
b) Whether the imposable maximum penalty of the offence is more than six (6)
months, regardless of fine; or only a fine, regardless of amount;
c) Whether the juvenile is an obvious threat to himself and/or the community;
d) Whether the juvenile is unrepentant;
e) Whether the juvenile or his parents are indifferent or hostile; and
f) Whether the juvenile’s relationships with his peers increase the possibility of
delinquent behaviour. (Section 22)
438
The Committee cannot recommend diversion should the juvenile or the private
complainant object thereto. If no diversion programme is recommended, the court
shall include the case in its calendar for formal proceedings.
439
It may include any or a combination of the following:
a)
b)
c)
d)
e)
f)
g)
Written or oral reprimand or citation;
Return of property;
Payment of the damage caused;
Written or oral apology;
Guidance and supervision orders;
Counselling for the juvenile and his family;
Training, seminars and lectures on (i) anger management skills; (ii) problem-solving
and/or conflict resolution skills; (iii) values formation; and (iv) other skills that will
aid the juvenile to properly deal with situations that can lead to a repetition of the
offence;
h) Participation in available community-based programmes;
i) Institutional care and custody; or
j) Work-detail programme in the community. (Section 22)
440
Section 23. In all cases where a juvenile in conflict with the law is given the benefit of a
diversion programme, an undertaking describing the programme shall be signed by him,
his parents or legal guardian and the complainant, and approved by the Family Court.
441
It may, however, extend the period of diversion to give the juvenile a further chance to
be rehabilitated.
442
Section 25.
Chapter 9
Section 20, Rules on Juveniles…
444
Section 36, supra.
445
Section 39, supra.
446
This period was taken from the totality of the periods within which the prosecutor has to
act before filing the information in court, and does not include the lapse of time from the
date of issuance of the subpoena or notice to reply to the date of actual receipt by any party.
447
Article 191, Presidential Decree No. 603, as amended.
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Case Studies
Note: The real names of the children interviewed have been changed to protect their identity.
Case Study 1: Dennis
(Interviewed 8 January 2003)
PERSONAL PROFILE AND CIRCUMSTANCES
Dennis was 11 years old at the time of his arrest. He grew up in Mindanao Avenue,
Quezon City. Before the arrest, he was residing in Tandang Sora (near the public
market) with his parents. His father worked as a firefighter and his mother stays
at home. He is the third of six children.
Dennis finished third grade. He spends most of his time playing computer games
(“Counter Strike”) and hanging around with his barkada (gang mates). He is a
member of the “Onse P Gang” or “Onseng Palaboy” (“Eleven Vagrants”). Dennis
smokes, drinks alcohol and, on one occasion, tried smoking marijuana. He has
been arrested three times.
BACKGROUND OF ARREST
In August 2002, a security guard caught Dennis stealing slippers, bags and money
from the public market.
GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE
The security guard explained to Dennis why he was arrested. He verified Dennis’ age
but did not inform the latter of his rights. He hit Dennis on the face and brought
him to the barangay hall where he stayed there for a day. From the barangay hall,
he was brought to the police station. The police officer verified his age and took
his picture and fingerprints but did not explain to him the charge against him. He
did not read Dennis his rights as an accused.
Within 36 hours from his arrest, Dennis was brought to the prosecutor’s office for
inquest. He was accompanied by three police officers. During the inquest, the prosecutor did not verify Dennis’ age, neither did he read him his rights nor explained
to him the nature and cause of the accusation against him. The prosecutor only
asked him about the goods that he stole from the market. According to him, the
prosecutor paid more attention to the complainant and the police officers.
During the first court hearing, Dennis was represented by a lawyer. He does not
know whether the lawyer was a private counsel or from the PAO. The only instance
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when his lawyer talked to him was before the arraignment but it was only for (30
minutes. The court did not verify Dennis’ age. The public was also not excluded
during the trial. Dennis has already attended three hearings. According to him,
nothing much happened during these hearings because the complainant did not
appear in court. He said that he did not understand the court proceedings.
SITUATION IN THE DETENTION AND REHABILITATION CENTRE
After the police investigation, Dennis was detained at the precinct for two weeks.
There were seven detainees in the precinct--four children and three adult females.
He was later transferred to the Molave Youth Center. Dennis shares one dormitory
with 16 other detainees. Among the activities in the centre, he enjoys candle and
keychain making the most. He likes studying the least.
CONCEPT OF DIVERSION AND ITS IMPACT ON THE CHILD
The interviewer explained to Dennis the meaning or concept of diversion. Dennis
believes that not all children in conflict with the law should be diverted from the
criminal justice system. The application of diversion should depend on the gravity
of the offence committed by the child. In light cases, the punishment should be
to make the offenders render community work and eventually find employment.
Diversion should start at the community level to prevent child offenders from being
put in jail. He also mentioned that the social worker requested for his temporary
release, but the court denied it.
SUGGESTIONS GIVEN BY THE CHILD
Dennis suggested that in order to prevent children from coming into conflict with
the law, adults should make sure they always do what is right. Parents should not
physically punish their children.
Barangay officials, on the other hand, must help kids like Dennis to stay away
from jail. There should be more female police officers when a case is being investigated.
Dennis said the public should not be allowed to witness the trial of a case involving children in conflict with the law. The court social worker should remind the
judge to observe this.
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Case Study 2 : Jerry
(Interviewed 8 January 2003)
PERSONAL PROFILE AND CIRCUMSTANCES
Jerry used to live with his family in Bulacan up until he ran away from home (nagstokwa or went stow-away) and moved to Bagong Pag-asa, Agham, Quezon City.
He stayed with his barkada or gang mates.
He had already quit school when he was arrested. He finished first year high
school.
Jerry’s parents are separated and he does not know where his biological mother is.
His father is still alive and works as a barangay officer in Bulacan. He is the second
of three siblings.
At the time of his arrest, Jerry was a “hold-upper.” He was a member of the “Original
Pinoy Gangsta” and a member of the “Bahala Na Gang.” He and other members
of the gang engaged in hazing, drank alcohol, smoked cigarettes, used drugs like
shabu and marijuana, picked girls up, and robbed people.
BACKGROUND OF ARREST
This is Jerry’s first arrest. He and six of his gang mates were caught while they heldup a public passenger jeepney. He was the only minor. Only two were arrested
while the other four fled when a passenger-police officer on the jeepney shot Jerry.
Subsequently, the arresting police officers and Barangay Tanods who responded to
the incident brought Jerry to a hospital before the police investigation.
Two passengers were killed, the police officer and a woman. Meanwhile, the woman’s
husband was paralysed. Jerry was charged with robbery with double homicide.
GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE
The arresting officer identified himself to Jerry. He asked Jerry his name, age, and address. Jerry gave a false address because he did not want his family to find out about
the incident. The arresting officers hit him and used vulgar words with him.
During the police investigation, Jerry was asked his age, fingerprinted and photographed. There was no lawyer present during the police investigation. Jerry’s
family discovered what happened to him when they saw the news on television.
Jerry was handcuffed and brought to Camp Karingal for detention.
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A week after his arrest, Jerry was brought to a prosecutor for inquest or preliminary
investigation. Jerry’s father, grandmother, older sister, the police officer, the prosecutor, the complainant, and a witness were all present during the investigation.
The fiscal read the report made by the police, and then explained to Jerry why he
was being investigated.
The court reviewed the police report and Jerry’s birth certificate to ascertain his age.
A PAO lawyer represented Jerry during the trial. At first, Jerry’s lawyer discussed
the case with him before they went to trial. Later on, the lawyer did the same.
The public was not excluded during his trial. Jerry was able to understand the court
proceedings when it was explained by the social worker from Molave who was assigned to him. His last trial scheduled on 15 October 2002 was reset to 13 January
2003. The trial scheduled for October was not listed on the BJMP calendar.
Jerry wanted to get a private lawyer. He felt that the PAO lawyer assigned to him
was not doing his job well. The lawyer was courting Jerry’s sister, which is another
reason why he did not like the said lawyer. His lawyer wanted him to “plead guilty”
to the crime he was charged with. On the day that he was supposed to “plead
guilty,” the complainant did not appear in court. The next hearing date was rescheduled. His lawyer told him he would be sent to the National Bilibid Prisons
in Muntinlupa. He was very frightened.
SITUATION IN THE DETENTION AND REHABILITATION CENTRES
After the arrest and police investigation, Jerry was brought to Camp Karingal
for detention. There were around 17 men inside the cell. Adult offenders were
detained together with the children in conflict with the law. The female offenders
were separated from them.
Pending the trial, Jerry stayed at the Molave Youth Center. He was the dorm leader
of Dorm 3. He shared the room with 27 other children. Being the dorm leader, he
was in charge of giving speeches if there are special occasions. He was also tasked
to welcome or thank the guests and/or visitors. When there are new detainees, he
would assist them. Jerry would tell the new detainees to respect those in authority
or in uniform (referring to the social workers and jail guards in Molave); and that
they should learn how to cooperate with the other detainees.
Jerry liked all the activities in Molave such as soap making, sewing, singing, and
dancing. He enjoyed drawing and studying electronics the most. He even won
first place in the 2001 and second place in the 2002 poster-making contests held
in Molave. He would like to get a degree in Computer Technology.
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He observed that there were enough supplies of food, slippers and toiletries for
them. He believes, however, that additional funds should be given to the centre to
buy medicines. He lent and gave some clothes to the new detainees, especially those
who had nothing with them when they arrived at the Molave Youth Center.
CONCEPT OF DIVERSION AND ITS IMPACT ON THE CHILD
Jerry does not completely agree with the concept of diversion. The settling of the case
should depend on the economic status of the parents of the child in conflict with
the law. Some parents are not capable of paying the amount of money demanded
or the amount of damage caused by their children. Similarly, some complainants
or the relatives of the complainants take advantage of the situation to demand a
much higher compensation.
There was an attempt to divert or settle Jerry’s case at the court level. The wife of
the slain police officer stopped attending the hearings and lost interest in the case.
The parents of the woman who was killed wanted the case to be diverted. However,
the parent of the man who was paralysed wanted the case to push through.
SUGGESTIONS GIVEN BY THE CHILD
Jerry opined that children come into conflict with the law because they rebel. It
does not necessarily mean that their parents neglect them.
In order to prevent other children from coming into conflict with the law, Jerry
would like to share with them his experiences. He would like to convince them to
avoid doing things they might regret in the future. Jerry thinks that his father’s way
of disciplining them--by telling them that what they did was wrong, is an effective
way of disciplining children. He narrated that his father would spank him or hit
him only when he is being too difficult. He believes that parents should discipline
their children by talking to them. The children would understand that what they
did was wrong if their parents would tell them, instead of physically hurting them.
He added that children who experienced physical punishment from their parents
learn to be more aggressive and tend to rebel against their parents. He emphasised
that problems can be solved when people talk or discuss them.
Jerry thinks that the minimum age of criminal liability should be 18 years old. Below that age, a child is too young to be detained and not capable of understanding
the things he or she did. Children below 18 years of age are also easily influenced
by his or her peers or barkada. He feels that at the age of 18, an individual can be
charged with the offence he committed because he is no longer a minor.
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Although Jerry agrees with imprisonment as punishment for children in conflict
with the law, he believes that they should not be detained for a long period of time.
Children in conflict with the law should experience being detained so they would
be scared of repeating the wrong they did. As he puts it, “Dapat makulong din pero
huwag matagalan, para lang madala sila sa ginawa nila at matakot, para hindi na
nila ulitin” [They should also be put in jail, but not for a very long period, just so
they will learn their lesson and for them to refrain from repeating the act again].
Jerry pointed out that barangay officials and police officers should not hurt children
in conflict with the law. Likewise, he said that the latter should stop engaging in
corrupt practices and refrain from abusing authority. Jerry stressed that these officials are not doing their job well. The process in court is slow and it takes months
for the hearing to continue and sometimes the trials are re-scheduled. As for the
correction level, he suggested that more officials should be assigned so they could
focus on the situation of each child detained in the detention centres.
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Case Study 3: John
(Interviewed 8 January 2003)
PERSONAL PROFILE AND CIRCUMSTANCES
John is a 15-year-old male who grew up in Ormoc, Leyte. He came to Manila with
his mother in the hope of finding a better life. They lived in Sucat, Parañaque where
his mother sold barbeque. He does not know who his father is. He has an elder
sister, now 17 years old, who remained in Ormoc, Leyte to continue her studies.
John finished elementary education in Ormoc. When he arrived in Manila with
his mother, he found work as a dishwasher in Laguna. After seven months, he
quit and worked as a barker hailing jeepneys (nagtatawag ng jeep) and assisting
passengers in Sucat.
Like boys his age, he enjoys playing basketball. He has friends but is not a member
of any gang. Besides smoking, he does not have any other vice. His only wish is
that he can go back to Leyte to be with his old friends again. If given the chance,
he also wants to finish high school and find decent work.
BACKGROUND OF ARREST
This is John’s first arrest. He was arrested for robbing a person while he was hailing
jeepneys in Upper Sucat. It was the father of the person he allegedly robbed who
arrested him. The arrest was without a warrant. It was made the next day after the
“alleged robbery” and he was brought to the police station in “Coastal.”
GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE
During the investigation, the police asked how old he was, afterwhich, his fingerprints and photograph were taken. They explained the nature and cause of
the accusation against him. However, the police did not tell him his rights as an
accused. Furthermore, the police officers used vulgar words and other profanities
and also kicked him.
He remembers no one assisting him during the police investigation. No lawyer
was present. The media reporters at the police station merely took pictures and
did not interview him.
Within 36 hours after the police investigation, he was brought to a prosecutor for
preliminary investigation. During the inquest, only the prosecutor was present.
No lawyer assisted John. Again, he was asked how old he and was told why he was
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brought to the police station. However, they did not inform him of his rights as
an accused.
Currently, John’s case is on trial stage and he is being represented by a PAO lawyer.
He appeared only once in court and that was during his arraignment. However,
the PAO lawyer did not discuss the case with him. John says the court asked if he
fairly understood the proceedings in court even if no one explained to him what
was going on. He said people inside the court did not leave the room during his
arraignment.
SITUATION IN THE DETENTION AND REHABILITATION CENTRES
John was detained for one day and one night at the police station in Coastal Parañaque. He remembers sharing the cell with eight other inmates. There were also
adult offenders in the jail, all males.
CONCEPT OF DIVERSION
John believes that children in conflict with the law should be diverted from the
criminal justice system. According to him because of their tender age, children do
not understand the consequences of their actions in most cases. He believes that
diversion should occur in the community or barangay level in order to speed up
the release of the children in conflict with the law. John does not know whether
there was any attempt to divert or settle the case against him.
SUGGESTIONS GIVEN BY THE CHILD
John thinks the reason why children come into conflict with the law is poverty.
Children need to survive and pay household expenses. He thinks that the minimum
age at which a person may be held criminally liable is 13 years old. At that age,
a child already has a sense of right and wrong. In addition, the child has already
finished elementary grade at that age.
He thinks that parents may spank and scold children to discipline them. These
are effective in teaching children not to do the wrong things. He says that when a
child is wrong and scolded, he or she admits his or her faults. He cannot think of
other effective means of disciplining a child. However, he does not have a definite
answer when he was asked whether he agrees that children in conflict with the law
should be incarcerated. He just bowed his head and said, “Maybe.”
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He believes that children in conflict with the law should not be put in jail but
should be confined in their respective houses, under the care and supervision of
their parents, similar to “house arrest.”
He says the community, through the barangay officials, should help solve problems
in the barangay. Furthermore, law enforcers should explain to the children they
arrest what their rights are. He adds that programmes that aim to provide detained
children with food and education should be encouraged.
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Case Study 4 : Joseph
(Interviewed 8 January 2003)
PERSONAL PROFILE AND CIRCUMSTANCES
Joseph is the fourth of five children. His family is from the province of Samar.
They moved to Manila when he was 10 years old. At the time of his arrest, he was
only 17 years old and he was living with his parents in their residence in Muñoz,
Quezon City. As of this interview, his parents still live together in Muñoz. His
father and mother both earn a living as street vendors at the Muñoz market. Joseph
would help them whenever he is not in school.
Joseph was in first year high school when he was arrested and never resumed
schooling since then. He did not have any work other than helping his parents at
the market. His interests revolve around sports such as basketball and singing rap
music. His ambition is to become a police officer like one of his uncles.
Joseph is not a member of any gang. His friends or barkada include some of his
immediate cousins, mostly his own age. His vices include smoking and drinking
alcoholic drinks.
BACKGROUND OF ARREST
This is Joseph’s first arrest. He and his barkada, composed of around ten minors,
were hanging out near Muñoz Market at around 11pm when three police officers
passed by. They were accompanied by two civilians whom he later learned were
his accusers. When they were approached by the police, the group was asked to
stand up and face them, saying that two persons complained of a snatching incident that same day. Joseph and his group did as they were told. They were all
asked to take off their caps. When the complainants surveyed them, Joseph and
another minor were pointed out as the snatchers. According to the complainants,
they recognised Joseph and his companions’ clothes and necklaces but could not
exactly pinpoint them by their faces alone. Later it turned out that the other minor
was mistaken for another. After being pinpointed, only Joseph was brought to the
Baler police station.
GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE
Joseph did not resist the arrest in any way. The arresting officer asked him his
age but did not inform him of his rights. The officer did not identify himself,
but Joseph recognised him as a police officer because of his cap. Joseph was not
physically abused or harassed in any way at the time of his arrest. The policeman
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did not carry a gun or stick and did not use any force against Joseph since he did
not resist the arrest. However, the officer did not attempt to inform his parents or
relatives of the arrest. He was brought immediately to the Baler station without
going through any physical or mental examination.
The next morning the desk officer of Baler station interviewed him. No lawyer
assisted him and no media personnel interviewed him. The police did not personally
inform him of the cause of his arrest because there was already a complaint against
him. Joseph was not fingerprinted nor was his photograph taken. According to
the officer, his arrest was based simply on the positive identification made by the
complainants when he was arrested.
Within twelve hours from his arrest, Joseph was brought to the prosecutor’s office
for an inquest. He was not assisted by any lawyer, nor was he told that he should
get one. The other persons present during the investigation were the two complainants, the prosecutor, and the arresting officer.
He was not asked how old he was because it was already contained in the record.
He was not informed of his rights, but was informed about the nature and cause
of his arrest (robbery).
During his arraignment and pre-trial, a DSWD representative, who was not a
lawyer, assisted Joseph. It was during the second hearing that a lawyer appeared.
He was a friend of the DSWD representative. On his second hearing, Joseph was
asked by the lawyer if he had any defence. He was also informed of the probable
outcome of the case. He was even told that considering he was only 17 years old,
he should plead guilty so that he would be sentenced to four years in Tanay, Rizal,
a centre for minors. If he does not plead guilty now, the case could drag on. f he
is convicted after he reaches 18 years old, he could be sentenced to four years in
Muntinlupa, a prison for adults. Joseph refused and maintained his innocence.
Joseph’s hearings were open to the public. He did not understand any of the proceedings before the court. During his first two appearances, the court did not ask
him his age. It was only on the second hearing that the lawyer explained to him
what could happen.
SITUATION IN DETENTION AND REHABILITATION CENTRES
During his stay at the Baler station, he was placed in a small room along with adults
and three minors. Adjacent to their room was another cell with female detainees.
He was detained there for 20 days before being brought to Molave.
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He was able to mingle freely with female detainees through the adjacent wall of
the room. There were no other activities in the detention centre other than the
visiting hours.
At the rehabilitation centre in Molave, there were around 27 minors in one dorm.
He is not able to mingle freely with female inmates because their cells are in separate portions of the building. There are several activities in the centre that includes
study periods, cooking classes and cleaning chores. He enjoys hanging out inside
one of the bigger rooms where all male minors can sing and watch television. He
also looks forward to visiting hours.
He does not like it when there is nothing to do and when no one comes to see him
during the visiting hours (weekends at 1pm - 5pm and weekdays at 3pm - 5pm).
CONCEPT OF DIVERSION
For children above nine years old, diversion should not be applied. Joseph believes
that if a child is truly guilty of a crime, the child should be disciplined through the
justice system. It is the best way for the child to realize the wrongful act. However,
he is not against settling the case whenever possible. He believes that settlement
is proper because court proceedings take a long time. For those under nine years
old, diversion should be the first option. This should be done even if the child
admits to the crime.
Joseph believes that diversion should be applied in the community or barangay
level, as much as possible. In case the arrest is made by a police officer, diversion
should be made even before the child is brought to the police station, such as on
the spot settlement. If brought to the stage of investigation, the prosecutor should
make the diversion. If brought to the court level, the judge should initiate the diversion. However, according to Joseph, it is better if diversion is made at the earliest
possible time. He thinks that diversion prevents unnecessary detention in jail. In
his experience, being detained is not easy, especially for a minor.
SUGGESTIONS GIVEN BY THE CHILD
For Joseph, a child is led to commit crimes because of two reasons. First, the child
is not given enough attention at home by the parents and second, the child grows
up without the guidance of his parents.
Joseph believes that the minimum age of liability should be 20 years old. However,
he said children below nine years old should not be made liable in any way. He
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believes that a child under 20 years of age does not know right from wrong. That
child is easily influenced by others to commit a crime.
He believes that the best form of discipline is simply guidance by the parents. It
should begin while the child is still very young and should be done until the child
becomes an adult. It is not enough that the child is spoken to or scolded at times
when he was brought up.
Joseph says children should avoid loitering in public places late at night. He thinks
that minors are easily accused of crimes because they are judged by the way they
dress. Joseph and his barkada dress like “hip-hop.” He thinks this is the reason
why they were pinpointed by the police and the complainants.
Joseph suggested that parents take care of their children. According to him, parental
guidance is most important when the child is very young because that is the formative years when the child learns easily. Joseph believes that influence starts at home.
A child who is brought up well by his parents is less likely to commit a crime.
For Joseph the community should provide more safe places for children to play
and hang out. He said there should be more basketball courts.
Joseph also adds that law enforcement officers should inform them of their rights as
soon as they are arrested so they would understand what they were going through.
The cause of the arrest should be explained to the children even before they are
detained. The Courts should also provide more opportunity for the children to
speak for themselves so their side may be heard. He thinks that the prosecutors
and the defenders are doing an “okay” job.
Meanwhile, rehabilitation and detention centres should provide more food for the
children because there are times when they would not have meals were it not for
the pasalubong or food brought by visiting relatives. He thinks that funding for
projects should be channelled to building more rehabilitation centres and improving already existing youth centres.
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Case Study 5 : Karen
(Interviewed 6 December 2002)
PERSONAL PROFILE AND CIRCUMSTANCES
Karen is a 14-year-old female at the time of the interview. She grew up in Taguig.
Her parents are still alive and living together and she was living with them at the
time of the arrest. Her father is a family driver while her mother works as a supervisor at Max’s restaurant. She was in first year high school at the time of her arrest.
She has two other siblings and she is the youngest child in the family. Karen is not
a member of any gang and she does not have any vices.
BACKGROUND OF ARREST
Karen is a first-time offender and was accused of shoplifting costume earrings at
Robinson’s Galleria. During the interview, she reiterated her innocence. According
to her, she was merely going around the mall when a woman suddenly inserted the
earrings inside her bag. After which, she was arrested for shoplifting. A saleslady
arrested Karen and brought her to the manager of the mall. Then, she was turned
over to the police for arrest and investigation.
GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE
During the arrest, the arresting officer identified himself to Karen and explained
the reason for her arrest. The officer verified her age, informed her of her rights
and talked to her parents regarding her arrest. Immediately upon arrest, she was
brought to a government medical officer for physical and mental examination.
The arresting officer did not use vulgar words or profanities during the investigation. No unnecessary force was used against her during the arrest. However,
when Karen was still in the custody of Robinson’s Galleria, the manager slapped
her on the face.
During the police investigation, the investigating officer explained the nature and
cause of the accusation against her. However, the officer did not ask her how old
she was and did not explain the rights available to her as a child in conflict with
the law. Her photograph was not taken. Karen was not assisted by any lawyer in
the course of the investigation.
From the time of Karen’s arrest, she was brought to the prosecutor for inquest
within 12 hours. Again, Karen was not assisted by any lawyer during the inquest.
The investigating prosecutor asked her age and explained the nature and cause of
the accusation against her. However, she was not informed of her rights.
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The case against Karen was filed at the Regional Trial Court of Quezon City. A PAO
lawyer assisted her during the trial. The court asked her how old she was before the
trial. The Presiding Judge and other officers of the Court tried to explain to Karen
the court proceedings. The public was excluded during the trial. As of now, the
case is still pending in court.
SITUATION IN THE DETENTION AND REHABILITATION CENTRE
After the police investigation, Karen was detained for one week at the Molave City
Jail in Quezon City. She shared the cell with another offender. It was a separate
cell from the adult offenders as well as those of the opposite sex.
Karen was then transferred to the Rehabilitation Center of Marillac. There were 16
children in a room but they were detained separately from the adult offenders and
those of the opposite sex. However, there were occasions when she was allowed to
mingle freely with the members of the opposite sex.
Among the activities in the centre, Karen liked the vocational skills best, like dressmaking and toy-making activities. She liked cleaning chores the least.
CONCEPT OF DIVERSION
The concept of diversion was explained to Karen by using her experience as an
example. It was only after a series of illustrations were made that she was able to
relate to and appreciate the importance of diverting the case from the criminal
justice system.
Karen believes in the concept of diversion in order for the child not to be separated
from his or her family. She thinks that the process of diversion should occur in
the community or barangay level for expediency to be able to immediately settle
the case at the earliest possible opportunity.
Karen was not aware of any attempt to divert or settle her case out of court.
SUGGESTIONS GIVEN BY THE CHILD
Karen said that she could not think of any reason why children come into conflict with the law, but she said that perhaps it depends on the child. For her, the
minimum age of criminal liability should be 18 years old, instead of 10 because
children below the age of majority are still very young.
According to Karen, the most effective means of disciplining a child is simply by
talking and explaining to the child the consequences of his or her action. Giving
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good moral advice also helps because it shows the love and concern of the parents
over their children. Fortunately for Karen, this was also the type of discipline she
received from her parents. Karen does not believe or agree with incarceration as
punishment for children in conflict with the law. According to her, children can
still change for the better.
Karen suggested that children should follow the advice of their parents and parents
in turn should guide their children. The community according to her should immediately inform the parents when children come into conflict with the law. They
must be referred to the nearest rehabilitation centres. She also added that children
should not be detained and that correction centres should prevent children from
being hurt.
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Case Study 6 : Luis
(Interviewed 8 January 2003)
PERSONAL PROFILE AND CIRCUMSTANCES
Luis was 12 years old when he was arrested and turned 13 years old on 17 January
2003. He grew up in Munoz, Quezon City and finished fourth grade at the Toro
Hills Elementary School.
Luis is the sixth among ten children (four were boys and the rest were girls). Their
father abandoned them while his mother worked as a mananahi or seamstress.
Luis had to help take care and feed his other siblings. He and three other siblings
sold sampaguita.
Luis narrated that his parents never physically punished him. They merely scolded
him whenever he commits something wrong. He thinks that corporal punishment
is effective in teaching children the difference between right and wrong.
Luis is not a member of any gang. He does not drink nor smoke.
BACKGROUND OF ARREST
Luis had been arrested twice. On his second arrest, he was accused of stealing a
bottle of softdrink from a vendor at the Victory Liner station in Monumento.
The Barangay Captain arrested him and brought him to the Kalookan detention
centre.
GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE
It was only at the detention centre where Luis learned that he was accused of committing a crime. The arresting officer did not harm him but used abusive words
towards him. The officer did not inform Luis’ mother where he was. She only knew
of his detention when she went out to look for him.
During the investigation, the officer only asked Luis his age but did nothing else.
The Barangay Captain was the only person present during the investigation. Luis
said that media reporters from television stations 9 and 7 also interviewed him.
He was detained for six months in the Kalookan City Jail.
After three days, Luis was brought to the prosecutor’s office for preliminary investigation. This time, the complainant and a CICL representative were present. The
police asked how old he was. The investigating officer also explained why he was
arrested. A lawyer did not assist him during the investigation.
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Two months later, Luis was arraigned in court. A lawyer from the PAO represented
him. The court verified his age but the public was not excluded during the trial.
Luis said that he did not fully understand the proceedings in court. It was not
explained to him. From what he understood, his last hearing was scheduled on 9
December 2002 and that the real offender was already caught and detained.
SITUATION IN THE DETENTION AND REHABILITATION CENTRE
After the preliminary investigation, Luis was led to a cell at the Caloocan City Jail
where he was detained for six months. Forty other male detainees occupied the
cell. The children were not separated from the adults, hence, he was exposed to
other people accused of more serious crimes.
When he was transferred to the Rehabilitation Center, Luis occupied the juvenile
dorm with 40 other male children around his age. No child mingled with adult
inmates or with others of the opposite sex who lived in separate dorms. Meals were
served in batches to avoid confusion and intermingling. Among the activities in
the centre, Luis liked studying and reading the most.
CONCEPT OF DIVERSION AND ITS IMPACT ON THE CHILD
Luis believes that diversion should be an option but it should be exercised at the
court level to assure compliance from both parties and to make sure that walang
agrabyado (no one was taken advantaged of ). In Luis’ case, his mother attempted
to initiate diversion with the complainant softdrink vendor but he refused.
SUGGESTIONS GIVEN BY THE CHILD
Luis tells children not to run away from home. Even if their parents already passed
away, children should not turn to their peers for comfort. They may just be influenced into using illegal substances such as rugby. He also advises parents to take
care of their children properly and guide them because proper education keeps
children off the streets.
Luis thinks Barangay Officials should be “strict” in carrying out their duties and not
neglect them. Law Enforcement Officers, he states, should refrain from rounding
up children from the street even if they have not done anything wrong.
Among all the programmes and services for the benefit of children in conflict with
the law, Luis believes that additional funding should be allotted to the purchase
of books and school materials.
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Case Study 7 : Manuel
(Interviewed 18 November 2002)
PERSONAL PROFILE AND CIRCUMSTANCES
Manuel was 17 years old at the time of the arrest and turned 18 on 18 January
2002. His family is from Baliuag, Bulacan. He was vacationing with his aunt in
Kalookan when the incident happened.
His aunt owns a computer store at that time. He had been working at the store for
a month when he was arrested. He received Php2,400 a month for his work.
Both of Manuel’s parents are still alive and live in the province. His father knows
that he has been detained. However, he told his father not to tell his mother about
his predicament because it was nakakahiya [embarrassing] and this will only make
his mother angrier with him.
Manuel’s father worked as a house painter while his mother stays at home. They tell
him to be serious with his studies and to study hard. He is the eldest of two siblings.
The youngest one is no longer studying. The rest of his family is in Bulacan.
Manuel finished first year high school. He smokes and drinks alcohol. He is not
a member of any gang.
BACKGROUND OF ARREST
This is Manuel’s first arrest. He just came from work and was riding the tricycle
with two other friends when they saw another friend. They stopped and were talking on the side of the road when barangay tanods arrived and searched them. He
does not remember how many barangay tanods were there. The tanods said they
saw stacks of marijuana near the wall where they were standing. He was charged
under the Dangerous Drugs Act
GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE
The police officer and barangay tanods arrested Manuel. The barangay tanods
identified themselves to him. They did not inform him of his rights but he was
asked how old he was and was medically examined. His photograph was taken
at the jail. He does not know whether a judge has been assigned to his case and
whether he will get a private lawyer.
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Manuel was informed that there is “no bail” allowed for the crime he was charged
with. He expressed remorse for his arrest. Although he admits having used marijuana
previously, he denies he owns the drugs allegedly found when they were arrested.
He suspects he was framed.
SITUATION IN THE DETENTION AND REHABILITATION CENTRES
It was Manuel’s fourth day at the Caloocan City Jail, when he was interviewed
for this study. He was detained in a cell with two other adult inmates. He finds
conditions inside the jail very bad as it was very hot inside and the food is difficult
to eat. However, he said, “Kapag di kumain, mamatay dito.” {He will die inside if
he does not eat]. He was able to watch television and movies inside the jail.
SUGGESTIONS GIVEN BY THE CHILD
If the charges are proven true, Manuel believes the child should be imprisoned.
If the child is not imprisoned, the child will just repeat the offence. In order for
the child to learn his or her lesson (madala), he should be imprisoned. According
to him, being imprisoned will give the child a time to think about what he or she
has done. He blames himself for the situation he is in.
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Case Study 8 : Maria
(Interviewed 8 January 2003)
PERSONAL PROFILE AND CIRCUMSTANCES
Maria was 15 years old when she was arrested. She grew up in Quezon City with
her grandmother. She finished second year high school but was not able to enrol
again after her grandmother died. She has five siblings, three with her father and
two with her mother. She has not met her father and the last time she saw her
mother was when she was still small.
Maria’s ambition was to finish her studies and to take up Science and Technology.
However, she had to earn and save money to continue her education. For three
years, Maria worked as a waitress at a Videoke Bar in Quezon City.
Maria enjoys singing and dancing. She spends most of her time cleaning the house.
She is not a member of a gang and does not drink or smoke. Maria admitted to
having smoked marijuana once.
BACKGROUND OF ARREST
Maria was arrested by police officers while working at the Videoke Bar. She was
accused of stealing home appliances belonging to her best friend. She was brought
to Police Station 7 in Quezon City.
GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE
Upon arrest, the police officers (one male and two females) explained to Maria the
reason for the arrest. They identified themselves to her and they ascertained her
age. However, the arresting officers did not inform her of her rights.
On the other hand, the arresting officers did not use force or harassment upon her.
They brought her to a medical officer for an examination. After the arrest, she was
turned over to the investigating officer. They took her picture and fingerprints, verified her age, informed her of her rights and explained to her the charge against her.
She was placed in the detention centre for eighteen days. Those who were present
during the investigation were the lawyer of the complainant, the investigator, and
the complainant. No lawyer represented her.
Within 12 hours from the time she was investigated at the police station, she was
brought to the prosecutor’s office. The prosecutor verified her age, explained to her,
her rights and the accusation against her. No lawyer was present to represent her
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during the preliminary investigation. At the court level, a PAO lawyer was available
to assist her. The court verified her age. She said that she understood the proceedings in court because it was explained to her by the social worker. She pleaded not
guilty. The case is still ongoing and she has already attended three hearings.
SITUATION IN THE DETENTION AND REHABILITATION CENTRE
Maria has been staying with 14 other female detainees in one dormitory at the
Molave Youth Center. Among the activities in the centre, she enjoys the socialisation activity every Friday the most. She studies at the centre from 8am to 10am.
Although she enjoys the socialisation, she does not like it when they are made to
dance with the opposite sex.
CONCEPT OF DIVERSION AND ITS IMPACT ON THE CHILD
When the interviewer explained to Maria the concept of diversion, she said that
the process should depend on the crime committed by the child in conflict with
the law. Diversion should only apply to light cases. She believes that it should
start at the community level. In her case, she said that there was no attempt to
settle the case.
SUGGESTIONS GIVEN BY THE CHILD
Maria suggested that police officers clearly explain to the children why they are
being arrested. The court should hear the side of the children and not just the
complainant. They should also explain to the children who come into conflict with
the law the procedures and the facts of the case. For the correction level, she said
the detention centres should improve the manner of disciplining the children and
encourage or have an open forum among the children detained. She also said that
the children should be allowed to finish their studies. If additional funding will
be given to the detention facilities, the money should go to education and books
for the detained children.
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Case Study 9 : Mario
(Interviewed 8 January 2003)
PERSONAL PROFILE AND CIRCUMSTANCES
Mario is a 16-year-old male and the youngest of five children. He grew up in Bicutan
where his father works as a construction worker and his mother a fish vendor. All
his siblings are married and are living on their own.
He was staying at his friend’s house when he was arrested at 15 years of age. He
was not living with his parents then as they were residing together in Iloilo.
He finished fifth grade. When Mario was still living with his parents, he assisted
his mother in selling fish. To pass the time, he often wanders with his friends.
Moreover, he shares that his parents communicate with him and gives advice when
he is being disciplined.
He belongs to a gang called “True Stupid Lotus” or TSL. He smokes cigarettes.
BACKGROUND OF ARREST
This is Mario’s first arrest. He is accused of being an accessory to the crime of robbery together with an 18-year-old male. According to him, he was staying at his
friend’s house when he was arrested. He was 15 years old at that time. He was
sleeping when at about 11pm, a barangay tanod knocked at the door. When he
opened the door, the barangay tanod grabbed him by the front of his shirt and
arrested him. He was not shown a warrant of arrest.
GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE
Mario said the barangay tanod explained the reason for his arrest, informed him
of his rights and asked him his age. He said that there was no need for an introduction because he is already acquainted with the barangay tanod. No incident
of using vulgar or profane words and harassment or abuse occurred. The arresting
officer did not use any firearm, or any other kind of weapon, handcuffs or other
instruments of force or restraint against him and there was no use of violence or
unnecessary force. However, the arresting officer grabbed his shirt. Furthermore,
the barangay tanod also informed his parents about the arrest. After that, he was
taken to a government medical officer for physical and mental examination.
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The barangay tanod then turned him over to the police. First, he was turned over
to the Taguig Police Station. Then, he was transferred to the Parañaque Police
Station. Only his mother was present during the police investigation. At the police station, the police took his fingerprints, and informed him of his rights. He
was detained. No photograph was taken of him, nor was the nature and cause of
accusation explained to him. He was merely told that the complaint pointed to
him as the culprit. No lawyer assisted Mario during the investigation at the police
station and no reporter from the media interviewed him.
SITUATION IN DETENTION AND REHABILITATION CENTRES
Mario was detained in Bicutan for two days and in Parañaque for two months and
six days. Mario narrated that he was detained in a cell with 24 other minor offenders. The adult male and female offenders were housed in separate cells. However,
there were occasions when the minor offenders freely mingled with the adult male
offenders. They were prohibited from interacting with the female offenders, who
they only saw at Sunday mass.
In the beginning, Mario did not mention any physical violence committed against
him. However, towards the end of the interview, he disclosed that several police
officers maltreated him. They punched him and a plastic bag was placed over his
head for about two minutes. They asked him to confess to the crime they accused
him of.
Two days after Mario was detained, he was brought to a prosecutor. He was accompanied by two police officers. The prosecutor asked how old he was. He also
explained to him his rights and the accusation against him. Still, no lawyer assisted
him. Meanwhile, the case brought against him has not proceeded to arraignment
nor any court proceeding been taken.
Although Mario is in jail, he claims to enjoy the duty given to him by his cellmates
when they asked him to guard them while they sleep. However, he said there is no
activity inside the jail. He does not like it.
CONCEPT OF THE DIVERSION PROCESS
Mario agrees with the diversion process because he says the children are still
young and can change. He also claims not to have done the crime he is accused
of. Should diversion be undertaken, he thinks it should be done at the barangay
level because in his mind, if the case reaches the police, the children would already
need to put up bail.
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There was an attempt to settle his case. A law student volunteer at the Bicutan
police station attempted to talk with the complainants. However, said volunteer
was not able to return to pursue the settlement.
SUGGESTIONS GIVEN BY THE CHILD
Mario believes that children come into conflict with the law because of their vices.
He thinks that the minimum age of criminal liability should be posted at 18 years
of age for the simple reason that such age is already old enough. To prevent other
children from being in conflict with the law, he recommends that they should not
loiter in the streets because this leads to mischief.
He said parents should monitor their children. He stated that his parents tried to
discipline him by communicating with him and giving him advice. He believes
that these are effective means of disciplining children. He is of the opinion that
if a child is at fault, the child may be spanked. Mario agrees in having children in
conflict with the law incarcerated as long as they are really at fault.
With regard to the members of the community, he said they should treat children
as if they were their own relatives. He said barangay officials should be more careful
in arresting children. It should not be done for the sole reason that a complainant
pointed to the child. Moreover, he claims that police officers should refrain from
inflicting physical harm to minors, which was what he experienced when he was
arrested.
He said detention facilities should be given additional funding. There is a need
to add to the number of electric fans in detention cells. The food provided is also
insufficient for the detained children.
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Case Study 10 : Ronald
(Interviewed 5 December 2002)
PERSONAL PROFILE AND CIRCUMSTANCES
Ronald is an 18-year-old male when he was interviewed. His family was from Bicol
and moved to Parañaque in 1990. His parents are separated and he does not know
where his biological father is. His mother is still alive and owns a sari-sari store.
His mother remarried and his stepfather works as a supervisor in a construction
project. He is the younger of two siblings in his mother’s first marriage.
He ran away from home when he was eight years old because he did not want to
be a burden to his mother and stepfather, who were raising nine siblings in his
mother’s second marriage. He ended up in an orphanage in Bulacan but ran away
again when he was nine years old. He said that his family does not know anything
about the case.
He was not studying at the time of his arrest. He reached the sixth grade but was
not able to finish it. He was not working either. He was a member of the “Bad Guys
Gangsta.” He and other members of the gang drank alcohol, smoked cigarettes,
used drugs like shabu and marijuana, robbed people, picked girls up, fought with
other gangs or just hung out (tambay lang).
BACKGROUND OF ARREST
Ronald was arrested more than five times for violations of the city ordinance on
curfew. He was last arrested by a police officer who caught him in the act of snatching a cell phone in Bicutan, Parañaque. He was with three other gang members at
the time of the incident, although he did not squeal them to the authorities.
GAPS AND PROBLEMS IN THE ADMINISTRATION OF JUSTICE
He was handcuffed and brought to the Parañaque City Jail for detention. He was
placed in a cell with 70 adult offenders before he was investigated. During the police
investigation, he was asked regarding his name, age, and address, was fingerprinted
and photographed. There were no lawyers present during the police investigation.
It was only himself, two police officers and a radio reporter. He was then brought
to a medical officer for examination.
After the examination, he was bought back to Parañaque City Jail, where he was
“tortured” to admit the crime. He said they used vulgar and profane words on
him and used him as a punching bag, electrocuted him and was made to lie on
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a bench handcuffed, with a towel in his mouth. The police poured some water
over the towel until it spilled over. They also placed a bullet between his fingers
and pressed his fingers together. He was detained for eight months with 34 other
male children.
Two weeks after his arrest. He was brought to a prosecutor for inquest or preliminary investigation. The prosecutor just asked the jail guard his age and did not
talk to him.
During the trial, a public lawyer represented him. The counsel just asked him if
he would plead guilty or not to the crime. He said that he does not want to say
anything or plead guilty to the crime committed. He said that he understood the
court proceedings since the Clerk of Court translated everything to Filipino. Succeeding hearings are still to be conducted.
SITUATION IN THE DETENTION AND REHABILITATION CENTRE
Ronald was transferred to the NTSB from Parañaque City Jail. In NTSB, he resided
with 264 other children–15 of whom are his roommates. They were separated
according to age per cottage.
His favourite programme in NTSB is being part of the Theatre Club. He enjoys
playing the role of a young boy who is very much like him.
CONCEPT OF DIVERSION
He believes that children in conflict with the law should be given a chance to
change. That is why he agrees that all minors should be diverted from the criminal
justice system. He said that diversion should start at the community level, since
this is where the incidents usually begin.
The complainant attempted to settle the case by letting him return the cellular
phone, but the police officers refused and convinced the complainant to file a case
against him.
He believes in incarceration as punishment for children but he said that it should
depend on the gravity of the crime and only if the said minor is guilty.
SUGGESTIONS GIVEN BY THE CHILD
Ronald thinks the root of children coming into conflict with the law comes from
problems in the family. Some parents cannot understand how their children feel
and this is why they rebel against them. Let the children understand that what he
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or she did was wrong by telling them, not by hurting the children. He added that
parents should take good care and watch over their children.
He thinks that the minimum age of criminal liability should be 18 years old. He
thinks that below 18 a child is too young to be detained – even if found guilty. If
the child is imprisoned, a child might become more aggressive or learn more bad
habits from adult offenders. In addition, once children are detained, society sees
them not as children but as offenders or delinquents.
He thinks that barangay officials and police officers should not hurt minors,
should stop corrupt practices, and should not abuse their power. In addition, he
observed that the process in Court is slow. It takes months for the trial to proceed
and sometimes, the trials are even rescheduled.
There is a lack of supply of clothes, slippers and toiletries and this should be addressed by giving the Youth Center additional funding. The children would risk
stealing extra soap bars from the supplies rather than smell stinky. They would also
lend, or at times give, their new “NTSB mates” some clothes, especially those who
do not have anything with them when they arrived at the NTSB.
He wanted to become a police officer when he was younger. Now, he has some
apprehensions for he does not know what will happen to him after NTSB. He
thinks that the society would not accept him or would label him negatively.
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Save the Children UK
Philippines Programme
3/F FSS Building 1, 89 Scout Castor St., Quezon City, Philippines
Telephone (+632) 372–3483 • Fax (+632) 372–3484
www.savethechildren.org.uk
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