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1. NATIONAL COLLEGE OF PUBLIC ADMINISTATION AND GOVERNANCE
Diliman, Quezon City
A Case study on Children in Conflict with the Law in Caloocan City
A research paper for PA 299.2
Hazel J. Urminita
PA 299.2 Research Methods in Public Administration I 5:30 – 8:30PM
Professor Rizalino Cruz

2. I. RATIONALE
Children, consisting of 39% of the overall population of the Philippines can play a
significant role as agents of transformation. However, these children often live in remote areas
with limited infrastructures and access to basic services.
In a typical Filipino community where poverty is a very common complication growing
rapidly in an urban setting, for example in Metro Manila where 20% resides in informal housings
or slum areas1.Children from impoverished households are often victims of extreme forms of
child labor such as prostitution or recruitment into armed forces. The effects of poverty are also
visible through that large amount of children living and working in the streets in the Philippines,
even though not very visible, there are an estimated 246,111 children living and working in the
streets, between the ages of 0-17 years old2.
With the current environment in the Philippines, children are not exempt from the
extreme expression of violence where arbitrary extrajudicial killings are very common, street
children are common victims of summary executions, violence, trafficking and exploitation.
Last 2014, there are 14,993 cases of Children in Conflict with the Law (CICL) in the
Philippines3. That is more than one child per hour being accused or adjudged of committing an
offense under Philippine laws and they are susceptible to abuse during arrest and detention.
The Philippines is home to over 15,000 Children in Conflict with the Law (CICL) as of 2014
data from the Philippine National Police (PNP). Majority of them were property-related crimes
wherein theft was considered the highest with the outstanding number of 5886 cases per year.
1
UNICEF Philippines, Annual Country Report 2010
2
Situation of the Filipino Children, CWC 2012
3
Council for the welfare of Children, 2015 Compendium of Statistics on Children

3. Thus, this study aims to explore more on the CICL situation and the Juvenile Justice
Welfare System in the country.
II. DETAILS OF THE RESEARCH
1. Statement of the Research Problem
a. What are the factors behind children in conflict with the law?
b. Do existing programs of the government particularly the DSWD and policies
address the issues on Children in Conflict with the Law?
c. How is restorative justice for CICL being implemented and how does the
implementation serve to further the rights and principles of children in the
Philippines?
2. Objectives
a. To know the different factors behind Children in Conflict with the Law
b. To know existing programs of the government particularly the DSWD and
policies address the issues on Children in Conflict with the Law
c. To determine if restorative justice for CICL is being implemented and how its
implementation is being served to further the rights and principles of children in
the Philippines.
3. Significance of the Study
This study further heeds to amplify the importance of the children in our society and the
plight they are experiencing specifically the Children in Conflict with the Law.
Children being considered as the most vulnerable sector in our society, there is a need for
their rights and situation to be put into a priority. The study would also like to give contribution
to the awareness of the situation of children in the Philippines and giving it a sense of significance
in ensuring and looking into the process of juvenile justice in the Philippines.

4. Furthermore, as this study draws attention to a sector that is most of the time being set
aside, the researcher is hoping to spark discussions and attention to the hild e s sector to
further call for actions on implementation of programs and policy legislation.
4. Definition of Terms
a. Child – refers to a person under the age of eighteen (18) years old
b. Children in conflict with the law – refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws
c. Juvenile Justice and Welfare System – refers to a system dealing with children at
risk and children in conflict with the law, which provides child-appropriate
proceedings, including programs and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their normal growth and
development.
d. Restorative Justice – refers to an alternative measure in the criminal justice
process that is not punitive in nature but rather seeks to render justice to
offenders and victims alike, instead of tilting the balance heavily in favor of one of
the stakeholders to the disadvantage of another and, focuses on the social
harmony as the ultimate goal as well.

5. III. REVIEW OF RELATED LITERATURE
a. International Instruments:
i. The United Nations Convention on the Rights of a Child (UNCRC)
The UNCRC defines the child as a person under 18 years of age. It acknowledges the
primary role of parents and the family in the care and protection of children, as well as the
obligation of the State to help them carry out these duties.
The UN Convention consists of 41 articles, each of which details a different type of right.
These rights are not ranked in order of importance; instead they interact with one another to
form one integrated set of rights. A common approach is to group these articles together under
the following themes:
1. Survival rights: i lude the hild s ight to life a d the eeds that a e ost asi to
existence, such as nutrition, shelter, an adequate living standard, and access to medical
services.
2. Development rights: include the right to education, play, leisure, cultural activities,
access to information, and freedom of thought, conscience and religion.
3. Protection rights: ensure children are safeguarded against all forms of abuse, neglect
and exploitation, including special care for refugee children; safeguards for children in
the criminal justice system; protection for children in employment; protection and
rehabilitation for children who have suffered exploitation or abuse of any kind.
4. Participation rights: encompass children's freedom to express opinions, to have a say in
matters affecting their own lives, to join associations and to assemble peacefully. As

6. their capacities develop, children should have increasing opportunity to participate in
the activities of society, in preparation for adulthood.
The UN Convention includes four articles that are given special emphasis. These are also
k o as ge e al p i iples . These ights a e the ed o k fo se u i g the additio al ights i
the UN Convention.
 that all the rights guaranteed by the UNCRC must be available to all children without
discrimination of any kind (Article 2);
 that the best interests of the child must be a primary consideration in all actions
concerning children (Article 3);
 that every child has the right to life, survival and development (Article 6); and
 that the hild s ie ust e o side ed a d take i to a ou t i all atte s affe ti g
him or her (Article 12).
b. National Instruments (National policies for CICLs)
i. The Juvenile Justice Welfare Act of 2006
In 2006, the Juvenile Justice and Welfare Act (Republic Act 9344) was passed, marking the
establishment of the comprehensive juvenile justice and welfare system. 4 The act was
developed in coherence with the international standards in juvenile justice and the rights of the
hild, e og izi g the ight of e e hild alleged as, a used of, adjudged, o e og ized as,
4
Republic of the Philippines, Congress of the Philippines, 13th
Congress, Second Regular Session, Republic Act
, The Ju e ile Justi e a d Welfa e A t of Jul

7. having infringed the penal law to be treated in a manner consistent with the promotion of the
hild s age a d desi a ilit of p o oti g his/he ei teg atio . 5 The act therefore recognizes the
primary objective of resorting first and foremost to non-judicial measures, and the use of
detention as a measure of last resort. 6 Emphasizing the imperative that all children deprived of
thei li e t ust e sepa ated f o adult offe de s at all ti es . 7
The act also provides broad, as well as specific protection from violence against children
in the justice system. The governing principles of the act generally prohibit all forms of neglect,
abuse, cruelty and exploitation. 8 Section 5 recognizes the right of children who come into conflict
with the law not to be subjected to torture or cruelty, inhumane or degrading treatment of
punishment, as well as the right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release.9 The Act elaborates on acts that are prohibited
to be resorted to by justice officials, this i lude la elli g hild e as ou g i i als, ju e ile
deli ue ts, p ostitutes o atta hi g to the a de ogato a es , e og izi g the p olo ged
negative effects that such stigmatization causes children.10 Similarly, the use of threats, or
coercive or punitive measures, or the employment of degrading, inhuman and cruel forms of
punishment is strictly forbidden.11
5
Section 2 (d) of the act
6
Section 5 (c)
7
Section 5 (d)
8
Section 2 (c)
9
Section 5 (b)
10
Section 60
11
Section 61 (a-d)

8. The act specifically prohibits the penalization of children for status offences, as well as
the crimes of vagrancy, prostitution, begging or sniffing rugby, preferring that children in these
situations benefit from counselling or treatment.12
c. Restorative Justice and Diversion under the act
The Act recognizes restorative justice as one of its governing principles, and develops a
system whereby the use of restorative justice is mainstreamed and used a primary measure for
children who have committed offences warranting not more than 6 years imprisonment13. In all
su h ases the la e fo e e t offi e ith the assista e of the so ial elfa e a d
development officer or other members of the LCPC shall conduct mediation, family conferencing
and conciliation – with a view to accomplishing the objectives of restorative justice and the
fo ulatio of a di e sio p og a 14.
However, the use of diversion measures is not limited to cases warranting not more than
6 years in prison, rather there are various stages at which diversion may be decided upon: at the
primary investigation stage and all other stages of the judicial proceedings diversion is a
possibility. For more serious cases, that warrant note more than 12 years imprisonment, the
court may decide upon a measure of diversion, where this is deemed appropriate15.
The right of diversion is recognized on a voluntary basis, if the child qualifies for diversion.
Conferencing, mediation and conciliation may be referred to before the child enters into formal
12
Sections 57 and 58
13
Section 23 (a)
14
Section 23 (a)
15
Section 23 (c) see also section 37 and 24

9. judicial proceedings. It is during this process that the child has the opportunity to admit
responsibility for the offence at hand, and if so, may give his or her consent to partake into a
diversion program. The admission of guilt cannot be used against the child in any subsequent
judicial proceedings16. It is during this process that the child has the opportunity to admit
responsibility for the offence at hand, and if so, may give his or her consent to partake in a
diversion program. The admission of guilt cannot be used against the child in any subsequent
judicial proceedings. The diversion proceedings are limited to be completed within a delay of 45
days, and the social welfare and development officer shall oversee the implementation of the
diversion programme. The diversion program is in essence then, the agreed terms of the
conference, mediation or conciliation process. The diversion programme can contain an
appropriate diversion programme the ability of the family to guide and supervise the child is a
decisive factor. The Act also identifies family counselling as a possible diversion program.
An innovation of the Act is its incorporation of the recognition of indigenous conflict
resolution mechanisms that comply with the rights of the child. For less serious crimes, where
the mediation is conducted by the law enforcement officer or Barangay with support of the social
welfare and development officer, the Act provides that, where app op iate, i dige ous odes
of o fli t esolutio should e utilized, i accordance with the best interest of the child with
a view to accomplishing the o je ti es of esto ati e justi e .
Another innovation is the recognition of the particular vulnerabilities of girls who become
involved with the justice system, and the importance of addressing their special needs as girls.
16
Section 26

10. “pe if i g that gi ls should e ha dled fe ale do to s, correction officers and social workers,
and shall be accommodated separately from ale hild e i o fli t ith the la .
The Act protects the hild’s right to e heard at all stages of the preliminary investigation
and any subsequent judicial proceedings, as well the right to be accompanied by a parent or
guardian when giving testimony. The Act goes further in recognizing the importance of children
to be heard and to participate on all levels of decision-making that concern children. Therefore,
the Act provides that the formulation of policies and strategies should be conducted in
o sultatio ith children for the prevention of juvenile delinquency and the administration of
justice, as well as for the treatment and rehabilitation of the children in conflict with the la
and that a mechanism is to be set up that ensures the involvement of children i esea h a d
poli de elop e t . The e hild e a e legall esta lished decision makers within the
national policy agenda.
Retroactive applicability of the provisions of the Act, meant that adoption of the Act
would entail real change for children already in the justice system, that would benefit from its
p ote tio a d thei se te es ould e adjusted a o di gl .
It is a significant development that with the adoption of the Act, the minimum age of
criminal responsibility was raised from 9 years to 15 years.
I , the D“WD issued a Ad i ist ati e O de e titled Guideli es i the Conduct of
Di e sio fo Child e i Co fli t ith the La a d the o je ti es state that the Guideline is
issued to ensure that diversion is appropriately conducted by social workers, law enforcement
offi e s, p ose uto s a d othe stakeholde s a d ai s to p o ide a sta da d p o edu e fo

11. diversion, its implementation and supervision and monitoring232. The Guidelines further identify
which children are eligible for diversion, under the Act, and describes the diversion procedure,
identifying the various role players and structures needed. The annexes also provide interview
guidelines and protocol in conducting diversion proceedings, so as to ensure a child friendly
environment for children who are diverted.
The Presidential Executive Order No. 633 of 2007, provided for the release of detained
children in conflict with the law in accordance with the provisions of the Act. However, in 2011
NGOs transferred 446 minors to the Department of Social Welfare and Development (DSWD)
rehabilitation centres, following a court order issued upon petition by the NGO or the Public
Atto e s Offi e, appeali g to the p o isions of the regulations of child detention provided for
under the Act. NGOs and civil society o ga izatio s a d the Pu li Atto e s offi e o ti ue to
petition courts to release children wrongfully detained, and who are under the age of 15 years
of age.
Police stations have designated child and youth relations officers, that specialize in the
handling of children who become involved with the justice system, even so, reports indicate that
procedural rules concerning children are often not respected. The Department of Social Welfare
and Development (DSWD) has implemented community based programs to protect children who
become involved with the justice system from violence, abuse and other human rights violations.
In 2007, 2,759 children benefited from community based and center based sentencing
alternatives. 62% of males benefitted from community based programs. It was noted that girls
were more equally distributed among center based and community based programs than males.
d. Diversion Programs from Selected NGOs

12. The Community Based Diversion and Prevention Program in Cebu City17. This program was
initiated before the adoption of the law in 2003, as a pilot project in 12 barangays in Cebu City,
implemented by the local NGO, FREELAVA (Free Rehabilitation, Economic, Education and Legal
Assistance Volunteers Association).
A Child e s Justi e Co ittee CJC is a t ai ed g oup, that ha dle the di e sio of eligible
children, most commonly through mediation. The CJC is composed of members of the Barangay
Council, the police, the school guidance councilor, the social worker, the Gender and
Development Project officer (GAD), as well as community volunteers. The CJC recommends
appropriate interventions and support services for the child at hand and implements these
programs, the CJC is also responsible for following up on the implementation of the Diversion
program and keeping records of the developments of the case. The CJC is a coordinates with the
Barangay Council for the Protection of Children (BCPC).
The GAD officer assists in preparing the assessment of the child, including interviewing
the child, in order to determine appropriate diversion, rehabilitation and reintegration programs.
The Social Worker also assists in conducting counselling sessions and preparing cases, as well as
liaising with families. Furthermore, the social worker is engaged in implementing the
psychosocial interventions that the child might need.
Community volunteers and Peer Educators are vital in the rehabilitation and reintegration
stages of the program, as well as in tertiary prevention, in other words to prevent re-offending,
as a follow-up mechanism through peer counselling. The appropriateness of community
17 Free Rehabilitation, Economic, Education and legal Assistance Volunteers Association inc. and Save the
Children UK, Guidelines for a Community-based Diversion and prevention programme for Children in Conflict
with the Law, Philippines, 2005

13. volunteers is assessed in accordance to a set of criteria, such as, knowledge of their leadership
qualities, their respected positions in the community and their willingness to be a volunteer.
Former child offenders serve as peer educators and are good role models for children undergoing
diversion, that encourage children to change their lives. This is often done in informal settings,
where personal sharing is a central feature. Engaging peer educators is also an effective
rehabilitation and tertiary prevention tool, that ensures that children who have been involved
with the justice system are able to regain social recognition and respect, connected to a positive
lifestyle, thereby building their self-esteem18.
The Police is a crucial role player, as the offi e s affiliation ensures that police will pass
eligible children directly through the CJC, so that eligible children may avoid pretrial detention.
School guidance counsellors assist children who have returned to school, to ensure that they do
not reoffend.
Co u ity-based prevention of child offending and reoffending is a continuing process.
Hence it cuts across the entire process of the community-based diversion ork.
To reha ilitate a di erted CICL, the CJC u dertakes arious psy hoso ial interventions
such as, but not limited to, case monitoring, follow-up and continuous counselling, peer
edu atio , alues for atio , a d for al edu atio .
The reintegration process, through other forms of psychosocial interventions facilitated
by the CJC, aims to bring the offending child back into the community-to a life of or al y a d
so ial a epta e, a d here hildre s rights a d elfare are prote ted a d upheld.
18
P “a e the Child e UK, Ba k o T a k: Maki g Co u it -Based Diversion Work for Children in
Co fli t ith the La , A do u e tio of F eela a s e pe ie e i Ce u Cit , Philippi es , Philippi es,

14. ‘eha ilitatio a d rei tegratio a ti ities are est conducted in the family community
continuum for an offending child to rectify his/her negative behavior towards a productive and
i depe de t life later o . 19
e. Situation of Children in the Philippines
i. Children in the Philippines
The Philippines is considered as a diverse nation with an indigenous population of about
12 million of which 5.1 million are children20. These children often live in remote areas with
limited infrastructures and access to basic services.
Poverty is resilient in Filipino community and further complicated in rapidly growing
urban settings, for example in Metro Manila, an approximate 20% reside in informal housing21.
Children from impoverished households are often victims of extreme forms of child labor such
as prostitution or are recruited in armed forces. The effects of poverty are also visible through
the large amount of children living and working on the streets in the Philippines, even though
most are not visible, there are an estimated 246,111 children living and working on the streets,
between the ages of 0-17 years old22.
Children are not exempt from the extreme expression of violence that affect the
Philippines, where arbitrary extrajudicial killings are common, street children are often victims
19
Free Rehabilitation, Economic, Education and legal Assistance Volunteers Association inc. and Save the Children
UK, Guidelines for a Community-based Diversion and prevention programme for Children in Conflict with the Law,
Philippines, 2005
20
“ituatio of the Filipi o Child e , “u a a Bata Ma o Mo ito i g “ ste , Cou il fo the Welfa e of
Children, Philippines, 2012
21
P 5 UNICEF Philippines Country Report
22
Situation of the Filipino Children

15. of summary executions and other targeted violence. The PREDA foundation and other NGOs
report that children suspected of committing petty crimes are targets for death squads and
very likely shot. Philippines also suffers from the effects of armed violence, and an estimated
30,000- 50,000 children are displaced by armed conflict annually23.
ii. Children in Conflict with the Law in the Philippines
The typical profile of a child who becalmed engaged with the justice system in the
Philippines is typically that of the male population; between the ages of 14-17 years old; with a
low level of education; is a school drop-out; comes from large low income families; engaged in
vices such as drugs and alcohol; and has been charged with property related crime.24 The use of
rugby is very common among youth gangs and children who become involved with the violations
of the law. 95% of the children who became involved with the justice system in 2010 were boys.
The Council for the Welfare of Children identifies a growing phenomenon of gangsterism in
rapidly developing urban areas.25 In fact, the areas that represent the highest crime rates are
urban areas.
Children who become involved with the justice system are commonly detained with
adults, as most prison here in the Philippines lack separate detention facilities for children.
Children in detention are often deprived of their basic rights, and forced to be retained in very
poor conditions, in overcrowded prisons, without access to adequate food and water, basic
23
Situation of the Filipino Children
24
Global Study on Child Poverty and Disparities; National Report Philippines, UNICEF, Makati City Philippines, 2010
25
“ituatio of the Filipi o Child e

16. health care services, education and sanitation.26 Reports show that children in detention are
victims of grave violations, such as sexual abuse, torture, the use of deadly force, forced labor,
exploitation and trafficking.
iii. Age of Discernment
One of the most controversial issues in juvenile justice as of the moment is the lowering
of the Minimum Age of Criminal Responsibility (MACR). There is a big disparity around the world
on what the proper age is, and even within nations, differences subsist depending upon the
nature of the crime and the jurisdiction. In the Philippines, Republic Act 9344 or the Juvenile
Justi e Welfa e A t “e tio o the Mi i al Age of C i i al espo si ilit states that A child
fifteen (15) years of age or under at the time of the commission of the offense shall be exempt
from criminal liability.
There are current movement in the legislature to lower the MACR from 15 to 9 years old,
and actions on amending the Republic Act No. 10630 or An Act Strengthening the Juvenile Justice
System in the Philippines and the Republic Act 9344 otherwise known as the Juvenile Justice And
Welfare Act of 2006 that places the nation in the forefront of Asian progress on juvenile justice.
The law, the first of its kind in Asia, was overtly passed to bring the country closer to its obligations
as a signatory of the United Nations Convention on the Rights of the Child (UNCRC) and pursuant
to the provisions of the Philippine Constitution and Philippine special laws on protecting children.
Also, the UNCRC as stated in a 2007 general comment that Childre s rights i ju e ile justice
26
Global Study op.cit

17. states that a i i u age of ri i al respo si ility elo the age of years is o sidered y
the Committee not to be internationally acceptable.
The proposed amendment to the 2006 Juvenile Justice and Welfare Act would lower the
age of criminal responsibility – the age in which children can be deemed criminally responsible
for their behavior to 9 years old. This is also a direct contravention of the recommendation from
the UNCRC, which has urged states to set the age of criminal responsibility at 14 to 16 in order
to contribute to a juvenile justice system that is in accordance with the Convention on the Rights
of the Child.
This amendment also contradicts in the statement based on the Rule 4 of the Beijing Rules
that recommends that the beginning of MACR shall not be fixed at too low an age level, bearing
in mind the facts of emotional, mental and intellectual maturity. In the light of this rule, the CRC
has also recommended States parties not to set a MACR at a too low level and to raise the existing
low MACR to an internationally acceptable level. From these recommendations, it can be
concluded that a minimum age of criminal responsibility below the age of 12 years is considered
by the CRC not to be internationally acceptable.
iv. Challenges and shortcomings
In its concluding observations the Committee on the Rights of the Child (the Committee)
noted the positive development of the adoption of the Act, however pointed out that despite its
existence children who become involved with the justice s ste still do ot effe ti el ha e

18. legal safegua ds , oti g i pa ti ula the high number of children deprived of their liberty27. The
Co ittee oted the li ited use of diversion and the alleged widespread practice of pretrial
dete tio 28, despite the fact that the Act prohibits the use of pretrial detention except as a
easu e of last resort and for the shortest possi le pe iod of ti e .
The Act as such institutes the framework for the juvenile justice system, in identifying
various role players, procedures and the rights of children in conflict with the law, however it
does not constitute a separate justice system for children. The Committee notes with concern
that there is a lack of specialized courts for children as well as specialized professionals, and notes
that, despite the Act specifically prohibiting the detention of children with adult offenders, this
is still a common practice. Children are therefore commonly found in detention with adults, in
deplorable conditions, without access to basic services and needs. The urgent need to ensure the
effective implementation of the Act was reiterated in 2012 during the discussions on the
Philippi es epo t to the U i e sal Pe iodi ‘e ie i the Hu a ‘ights Cou il. It was noted
that following the adoption of the Act and the issuance of Executive Order no 633, the number
of children deprived of their liberty decreased, however the release of children having committed
minor offences should continue in accordance with the Act and the Executive order.
As noted by the Global Study, the Act foresees that implementation of its provisions
should be on a local level through the LGU, however this process will take time, due to the
i e se u e of LGUs that eed to e i stituted, as the e a e p o i es, ities,
27
Par 80 United Nations, Committee on the Rights of a Child, Fifty-second session, Concluding Observations, The
Philippines
28
Par 90 CRC Committee

19. u i ipalities, a d a a ga s 29. Another example of the lack of normative acceptance
the Act has among judicial practitioners is that the Act provides protection for girls to be
protected from being charged for prostitution, however, there are reports indicating that girls
are systematically rounded up, under the assumption that they are prostitutes30.
Another worrying trend is the move toward once more lowering the minimum age of
criminal capacity, which the Committee and the UPR working group, as well as NGOs and civil
society organizations, strongly positioned themselves against. The Philippine Action for Youth
Offenders (PAYO) a collective organization for NGOs and civil society organizations working for
the rights of children who become involved with the justice system, points at social
misconceptions that increased crimes amongst minors is due to the lax provisions of the act.
There are consistent reports indicating that pretrial detention is still the norm when a child is
accused of having violated the law, and the pretrial detention period ranges between 2 weeks
and 2 months on average. In which time children are subject to multiple forms of extreme
violence, the DSWD has developed programs to assist children who have become involved with
the justice system, however, implementation of these services, is only possible once the DSWD
is informed of the case. Practice indicates that the DSWD is not informed of the case until the
case has passed to the Family Court which then contacts the DSWD31.
29
P 92 Global Study
30
Child ‘ights Coalitio , Philippi es-Child ‘ights Coalitio Asia , fou d at:
www.childrightscoalitionasia.org/southeast-asia/philippines
31
Coalitio to “top Child Dete tio th ough esto ati e Justi e Philippi es , Philippi es: Co ti ui g Child
Dete tio ith Adults i poli e Lo kups, A it a Dete tio of ‘es ued “t eet Children, and Extrajudicial
Execution of Children Accused of Violating the Law, Submitted to the UN Committee on the Rights of the Child,
52nd Session, 14 Septemeber-2 October 2009, Switzerland

20. IV. CONCEPTUAL FRAMEWORK
Figure 1: The seven elements and five main types of actors in ensuring a system that works best for children32
Over recent years there has been a growing recognition of the limitations of a fragmented
approach to child protection, which traditionally focused on specific child protection issues. The
epo t f o the UN “e eta s “tud o Viole e Agai st Child e e o e ded that all “tates
develop a multi-faceted and systematic framework in response to violence against children which
is integrated into national planning processes.33 This was re-emphasized in the Machel Study 10-
Year Strategic Review34 which recommended the development of national systems and capacity
building to protect children against violence, exploitation and abuse following the departures of
international actors in emergency and conflict-affected situations. Since then, numerous
agencies, such as UNICEF, Save the Children and the Office of the UN High Commissioner for
32
Bill Forbes, 2011
33
P.S. Pinheiro, World Report on Violence Against Children (2006), UNICEF p18.
34
UNICEF, Machel Study 10-Year Strategic Review: Children and Conflict in a Changing World (2009), pp100–101.

21. Refugees (UNHCR), have been investing considerable energy and resources in defining and
implementing a systems approach to child protection35 . It is hoped, therefore, that this paper
will contribute to the ongoing fruitful dialogue between agencies, organizations, governments
and other stakeholders about a systems approach to child protection that includes CICLs. A
systems approach to child protection requires a considerable conceptual shift from the
traditional stand-alone programming focus on particular groups of children in need of protection,
to the achievement of more sustainable, comprehensive and long-term responses to child
protection issues. A systems approach addresses child protection more holistically, brings greater
focus on prevention, and strengthens the critical roles and assets of the key actors responsible
for child protection. These key actors include government, civil society, parents, caregivers,
families and other community structures – which together provide formal, and informal child
protection mechanisms and services
Adopting a systems approach does not eliminate the need for some specific issues-based
programming targeting the most vulnerable children. A systems approach to child protection is
sufficiently flexible and robust to implement a wide range of interventions for the benefit of all
children in various situations, while simultaneously addressing, promoting and advocating for the
interests of significantly under-represented, marginalized or vulnerable children in a particular
situation or context. Even when focusing on a particular child protection issue, a systems
approach seeks to do the following:
35
UNICEF has published Adapting a Systems Approach to Child Protection: Key Concepts & Considerations, Chapin-Hall (2009);
Protection System: Comprehensive Mapping and Assessment Toolkit and A Concept Note on Child Protection Systems
Monitoring and Evaluation, Chapin-Hall (2010). Save the Children Fund has published several papers on child protection
systems and child protection systems in emergencies. To access these resources, go to
http://resourcecentre.savethechildren.se/. UNHC‘ s E Co Co lusio o Children at Risk, No. 107(LVIII) - 2007 addressed child
protection systems.

22. - address child protection issues in a comprehensive and sustainable manner
- affirm the role of parents and caregivers as the first responsible for care and
protection of children
- affirm the responsibility of the government to guarantee the care and protection
of children,
- p ote ti g a d fulfilli g hild e s p ote tio ights outli ed i the U ited Natio s
Convention on the Rights of the Child (CRC) and other international human rights instruments
strengthen the protective environment for all children.
Ea h atio s hild protection system is unique and made of formal and informal
elements appropriate to its context. Formal elements are established or sanctioned by the
government and guided by laws, regulations and policies. Informal elements do not have
state/government mandates for protective functions. Instead, they are shaped by attitudes,
values, behaviors, social norms and traditional practices in society. The boundaries between
formal and informal elements will depend on the particular country context. For example, some
of the formal elements of the system, such as services, may be provided or implemented by non-
state/informal providers. Where the government has no capacity or fails to put in place adequate
protective services and mechanisms, civil society or other bodies may act on their own to fill in
the protection gaps, or may be requested by the government to do so. However, even where the
formal elements of the system are strong, the informal elements still play a significant role in
ensuring that children are protected. There is no universal consensus on the definition of child
protection systems.

23. Elements of a child protection system
1. Laws, policies, standards and regulations dete i e the s ste s st u tu es, a dates
and functions.
2. Services and service delivery mechanisms which provide protection for children.
3. Capacities to provide and perform the child protection services, including capacity
building, human and financial resources, and adequate infrastructure.
4. Cooperation, coordination and collaboration mechanisms ensuring that all elements of
the system, formal and informal, across different sectors and level (global, national and
local) work in a holistic and coordinated manner to ensure protection of children.
5. Accountability mechanisms to ensure that the system is effectively responding to key
child protection concerns and functioning according to the CRC, relevant laws and in the
best interest of the child.
6. Circle of care includes positive and protective attitudes, values, behaviours and
traditional practices; and a caring, supportive and protective immediate social
environment.
7. Children’s resilien e, life skills and parti ipation hi h st e gthe hild e s a ilit a d
opportunity to contribute to their own protection and that of others.

24. V. METHODOLOGY
a. Data Collection
i. Key Informant Interview on Selected CICLs in Caloocan City
Children Age Crime
days in the
center Educational Status reason for commiting crime
1 Boy D 15 Theft
1 month/
oftener
Never been to
school
gutom at kulang sa alaga ng
pamilya
2 Boy M 15 Damaged property 1 day Grade 2 Inggit
3 Boy H 15 Theft and robbery 2 days 1st year HS nagugutom
4 Boy L 13
Rescue, robbery
and theft
3 days/
oftener Grade 3
nagugutom
5 Girl A 15
Rescue, robbery
and theft 1 day/ oftener Grade 2
nabarkada/ broken family
6 Girl R 15
Rescue, robbery
and theft
1 days/
oftener
2nd year High
School
nabarkada/ broken family
7 Boy P 16 Rape 1 day Grade 11 bugso ng damdamin/
8 Boy J 15 Theft and robbery 1 day Grade 9 napagbintangan/ nabarkada
9 Boy C 18 murder 2 years
3rd year high
school
gang war/ nabarkada
Based on the interview, there are several factors why children commit crime. Primary to
this is the pressure that is coming from their peers to do the crime and the lack of care from their
parents. Due to the deprivation of their needs, these children resorts to committing crime in
order to survive. Majority of them are also not in school or they have stopped schooling thus it
can be said that education can be a contributing factor on why these children are also committing
crimes.
Based on the interviews conducted, the children are also not familiar with the rights that
they have as stipulated in the UNCRC and the Juvenile Justice Act. They only know that they
cannot be put into jail but they do not have the full acknowledgment of the inclusion of the

25. policies. Also, there were mentions of physical and emotional abusive treatment towards them
by the service providers, specifically the police and the social workers in the center. This further
resulted to children not wanting to stay in centers that supposed to be taking care of them.
As observed, majority of them are already ofteners – children that are committing crimes
over and over and keeps on coming back on the same centers. It was alarming that the two
female respondents have been around different centers in Metro Manila and that they even
shared the differences on how each centers cater to their needs. Based on the interviews of the
respondents, the services and space provided in the Caloocan City Yakap Center is not as good as
other centers in Metro Manila. It was noted that they were even deprived of water, medicines
and proper spaces for recreation and rest.
It was also duly noted that the children committing crimes in Caloocan City consists of 12
-18-year-old children and majority of the cases were property related theft.
ii. Problem Tree with CICLs in Caloocan City
Qualities of a CICL
Reasons for children committing crime
Martin Benson
Mayabang Barumbado Dahil sa impluwensya ng barkada
Minsan Mabait Magnanakaw
Hindi nagpapasakop sa magulang at
hindi marunong sumunod
Batang hindi sumusunod sa
patakaran sa loob ng bahay
Mahilig makipag away
Dahil sa barkada
Laging palaaway Mayabang
Kulang sa pangangalaga ng magulang
kaya ako napunta dito sa yakap bata
Sumasagot sa nakakatanda
Hindi marunong sumunod sa
magulang
Dahil sa drugs at impluwensya ng
barkada
Nagbago matapos ang limang
taon salbahe
Marami na ang nalulong dahil sa
barkada
Pangarp maging pulis walang diyos
Malakas makapanukso at dahil sa
impluwensya sa nkakasalamuhang tao

26. Magkapamilya mapagmahal sa magulang dahil sa barkada at droga
Nagrerebelde sa magulang matulungin Dahil sa paggamit ng masamang gamot
Nagnanais ng pagbabago sumusunod sa nakakatanda Dahil marami ng snatcher
Inggetero
Dahil hindi nagkakaisa ang aking mga
kapatid
Nangungursunada
Nakikita ko po ang magulang ko na
nagtitinda ng bawal na gamot
Hindi nakapag aral
Hindi sumusunod sa magulang
The researcher conducted a focused group discussion through a workshop and problem
tree among 10 children different that of the respondents of the key informant interview. These
children are all male and consists of 12 – 18 years old.
The researcher first asked the qualities that they commonly known of CICLs and based
from the conducted workshop, majority of the children responded that they do not follow order
from their parents and that they do not have a proper attitude towards other people. Meanwhile,
some of them also answered that as CICLs, they also wanted to be good to their families and that
they would also like to change their lives and have a family.
Majority of the known reasons why the respondents engaged in crime is because of peer
pressure and the usage of drugs which is quite alarming. It was duly noted that there were
children who have engaged in using drugs because of the influence of their parents.
It could then be concluded that based from the responses from the children, the main
reason why they commit crimes as children is because of peer pressure. It only means that the
influence of the people around them greatly affects the attitude and approach of children in their
life.

27. iii. Key Informant Interview with selected Government Agencies with CICL
interventions
Position
Common reasons of
children committing
crime Common cases on CICLs handled Challenges identified
Social Worker I Neglected by parents
dysfunctional families
No supervision from
parents
Theft and robbery
rescues
curfew
Functionality of BCPC
JJWC lack of training and
orientation
Parents do not
cooperate
Lack of social workers
House Parent
Drug use
Broken family
Robbery and theft Lack of training
Lack of staff/ manpower
in the center
Due to the limited time of the researcher, she decided to focus on the approach of the
Caloocan City Government on juvenile justice. Based from the key informant interview conducted
with the social worker and house parent from the Yakap Center, there were only 5 social workers
catering and giving services to all children in all the almost 200 barangays in Caloocan City. Due
to the limitation of the Social Workers and the disparity on the proportion of children to receive
service and the social workers that supposed to give services to the children, it can be noted that
obviously, the implementation of the law is not fully recognized in the local level. It was also
mentioned by the Social Worker that trainings seldom come in the city and they have very limited
manpower in cascading them to the local. It can also be noted that they do not have a set up
Juvenile Justice Welfare Desk in the city and that the BCPC is also not functional, giving too much
gap in the implementation of the juvenile justice welfare act.

28. The Social Worker also mentioned that they are getting enough support from the LGU
and that the incumbent mayor is very supportive of the programs of JJWC and DSWD for CICLs,
however, it does not reflect in the center where in they keep and take care of the children. Also,
no proper retribution is being done to the children as the method being used by the house
parents, social workers and police to discipline the children is through harmful practices. It was
noted in the interview that due to the behavior of the children, the socials workers, house parents
and police assigned to CICLs are doing physical and emotional harm to the welfare of the children.
As per their experience, if there are uncontrolled quarrels inside the center, the social worker
will immediately call the police and beat them physically. It was also the personal experience of
the researcher wherein she heard and saw how poorly the children are being treated inside the
center.
However, based from the social workers, they see that the intervention and care of the
community especially the parents will give a different light to the treatment of this children. It
has been a big challenge for the social workers to convince parents to take care and watch out
their children due to many reasons. It was then suggested more social workers should be working
in the area and that there should be in depth training given to them. Interventions should also
be given to parents through encouraging them and giving them livelihood so they could take care
of their children.
b. Data Analysis
The Philippines is an example of a diverse set of engaging parties that have initiated
promising community-based initiatives for primary, secondary and tertiary prevention.

29. Public debate is testament to the need of comprehensive disaggregated data on children
who become involved with the justice system, as well as the monitoring and evaluation of
interventions and programs. The researcher, being a former development worker even had a
hard time securing for disaggregated and updated data from the government agencies involved.
Capacity building amongst judicial officers is very crucial in implementing the legislated
appropriate processes of dealing with children who are accused or suspected of having violated
the law. Social workers should be given appropriate and immense training in taking care of these
children as well as police officers should also be involved in making sure that children are being
treated properly and that they should not resort in harming the children s welfare just because
of their unruly behavior. It is alarming that our government workers are the same people harming
the children in the center, thus there should be proper intervention and guidance on how these
service providers should properly treat the children in their best interest.
Obviously, the Philippines being one of the countries who were able to comply with the
international standards do have a good law on juvenile justice. Separate facilities and judicial
courts for children, need urgently to be set up in order to curb the negative effects entailed in
involving with the justice system as a child.
The juvenile justice system set up by the law, is one in keeping with international
standards on the rights of the child as well as juvenile justice and containing innovative and
forward striving provisions on diversion and child participation. The DSWD has also developed a
comprehensive set of guidelines for the implementation of diversion for children who become
involved with the justice system. The contents of the law, can be said to coincide with the

30. provisions on juvenile justice contained in the C‘C, a d the la efle ts a u i i to the
arguments and findings of the CRC Committee and the UN Study, that restorative justice is a
practice that derives from the rights of children in conflict with the law, in respect of the principle
of the best interest of the child, and in line with the general principles of the CRC. In this way the
Ju e ile Justi e A t has gi e a to esto ati e justi e athe tha t aditio al objectives of
i i al justi e, su h as ep essio / et i utio .
As observed, there is a great implementation gap between what the law stipulates, and
how the law really works, in other words, how children in conflict with the law are really treated.
Based on the information provided we can conclude that there is a group of organized actors
that adhere to and support the provisions of the law, and in extension, also the international
standards on restorative justice for children, this being the government, as legislator, and the
DSWD, i te atio al a d atio al NGO s and civil society organizations.
The government and the DSWD use the law to leverage change, and to administer
administrative orders, to improve the situation of CICL, adopting the concept of privileging a
restorative approach, from a retributive approach to criminal offending by children. However,
these efforts and discursive exercises, has limited normative and authoritative reach among
judicial practitioners. In this sense they have limited effe ti e ess i st e gthe i g hild e s
access to restorative forms of justice.
There is a direct flow of normative corroboration between legislator, government, DSWD
and human rights organizations, however this normative authority has very limited authoritative
reach to other groups, such as local government, or barangays, that have very limited buy in, to
the concept of restorative justice. The law, elaborates on how restorative justice measures

31. should be implemented through the local barangay structures, and rather clearly identifies
responsible parties on a local level, however this has had limited effect on how justice is
performed locally. The implementation process as intended through the law, does not seem to
correspond to the p a ti al ealit of e e isi g a o ati e autho it f o a o e i to the i o
so ial i te a tio s that take pla e i almost the 42,000 barangays in the country. Not only
a a ga s see to ot ha e the o ati e e pe tatio s to a d justice or the justice system,
as is held by the law. Rather severe forms of violence are routinely practiced, and harsh
punishments administered to children who are found to have committed an offence. Social
perception of child offending also reflects a negative and harsh perception of CICL, that supports
getti g tough o ju e ile i e th ough retributive forms of justice.
The Philippines being a country prone to natural disaster, with high incidences of
violence and crime, have very uncertain economic situations for a large part of the population.
The daily reality of community members, will shape the sense they have that they have access to
safety and justice. The continued brutal treatment of children in conflict with the law, reflects
this perception and the normative expectations that come with it, for example, that safety is
a i ised th ough getti g tough o i e. E e though studies a d poli out o e, do ot
support such a finding. In such cases the argument can be made that people will want real results,
that they can feel and therefore relate to before they fully adhere to a normative expectation
that restorative justice is more effective than a retributive system, to deal with the issue of
juvenile delinquency. In this sense the effectiveness of local pilot projects will have a great long-
term effect toward renegotiating those normative expectations. These social economic
circumstances will also shape the perception the public have on the reasons underlying juvenile

32. delinquency, and as long as child offenders are seen as anti-social criminals, the general attitude
that favors a retributive system of justice will not change. NGOs and international organizations
point out that it is necessary to undertake awareness raising campaigns in order to effectively
implement a restorative juvenile justice system, as it entails a change of paradigm, a totally other
way of thinking about what justice is, for which broad programs of public education will be
necessary in order to shift normative expectations and adherences.
The effective implementation of a restorative juvenile justice system, is further hampered
by limited economic resources to enforce the law. The law tries to bridge this gap by providing
for the economic upkeep of the system, through local government funding. However, this does
not seem to have local acceptance. The government would need to allocate more resources in
order to ensure effective implementation of the particular formulations of the law. At this point
the actors that support this normative perception, have at their disposal, persuasion as their
strongest asset, as coercion would require economic back-up. One might therefore draw the
conclusion that the implementation of restorative justice is ineffective, however there are clear
indications that the normative expectations concerning child offending, are constantly being
renegotiated, this can be seen in the discussions on the proposal to lower the minimum age of
criminal responsibility, that has, as of yet, not passed in parliament. This indicates that the
drafting and adoption of the new legislation, was a step toward shifting the discursive weight
toward a juvenile justice that encompasses restorative justice as a central feature. In effect it
ep ese ts a odal poi t hi h pa tiall fi es the o o o ati e pe eptio s.

33. VI. CONCLUSION
Despite these major implementation gaps, largely attributed to an under resourced
justice system, challenges are met by innovative legislative provisions, an engaged corps of NGOs,
civil society organizations, community members, and government officials who are committed
towards improving the system. Even though implementation gaps are significant, and reports by
NGOs and civil society organizations including that of the observation of the researcher and
responses from the government agencies involved, are testament to the fact that there is weak
implementation of its provisions on a local level, the fact that there is this strong basis, gives
significant leverage to NGOs and civil society organizations to work together with the
government agencies to improve the situation of children who become involved with the law.
It can therefore be concluded that despite the compliance of the Philippines to the
International Standards and despite the country having good policies on Children in Conflict with
the Law, there is still a big gap in its implementation in the local level because institutions that
supposed to be taking care of children are not properly set up and he service providers who are
supposed to be taking care of children do not receive proper training on how to properly deal
with children committing crime.

34. VII. POLICY RECOMMENDATION
The susceptibility of juveniles to immature and irresponsible behavior means their
irresponsible conduct is not as morally reprehensible as that of an adult. From a moral standpoint
it would be misguided to equate the failings of a minor with those of an adult, for a greater
possi ilit e ists that a i o s ha a te defi ie ies ill e efo ed.
The researcher calls on the government and non-government stakeholders to:
1. Take all necessary and concrete measures to ensure that the age of criminal responsibility
is not lowered, and to consider the crucial role of defining the age of discernment of
children involved in crimes;
2. Provide diversion or intervention program that is rights-based, age and developmental
appropriate to children in conflict with the law. Every municipality/province should have
its own youth detention home for CICL that comply to standards and provide adequate
budgetary allocation for it;
3. Strengthen the monitoring of the plight of children in conflict with the law, especially
those already detained or imprisoned. Children, particularly those who have committed
minor offenses should be released immediately;
4. Strengthen advocacy to properly implement the Juvenile Justice and Welfare Act as
amended by RA 10630 among local officials, law enforcers and service providers. Parents
and children at the community should also be oriented on JJWA;

35. 5. Solicit support from the Local Government Units to establish and make their Local Council
for the Protection of Children/ Barangay Council for the Protection of Children functional;
and;
6. Strengthen the Juvenile Justice and Welfare Council (JJWC), as the agency mandated to
oversee the implementation of the JJWA as amended by RA 10630, and its Regional
Juvenile Justice and Welfare Committee.