Republic of the Philippines

Biliran Province State University

(formerly NAVAL STATE UNIVERSITY)
ISO 9001:2015 CERTIFIED

CASE STUDY:
THE EFFECTIVENESS OF JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES

Submitted by:

Balondo, Francis Philip A

Rojas, Reneboy
Laso, Aldwin
Dalut, Adrian
Efe, Arnie

Submitted to:

Mr. Nerrick Jade Mangco

Introduction

Dr. Jose P. Rizal, the national hero of the Philippines, once said that the youth are the
nation’s future. However, what future will these children have if they can be
arrested and detained like adults even when charged with not so serious offenses
such as petty theft, glue or solvent sniffing, vagrancy and curfew hours’ violations?
More than 50,000 children have been arrested and detained in the Philippines since
1995. According to UNICEF, almost 28 children get arrested on a daily basis or more
than one child per hour. But what’s really alarming about this situation is the fact
that these minors are often detained in the same cells as adult offenders. So, does
the Juvenile Justice Law really work in the Philippines?

In November 2016 , the juvenile justice law became a hot topic for debate when the
Philippine Congress planned to propose a bill that would lower the age of criminal
responsibility to nine from fifteen - years - old , which is the legal as documented in
the current Juvenile Justice and Welfare Act , otherwise known as the R.A. 9344 .

Often, youth who are involved with or at risk of being involved with the juvenile
justice system have coccurring life difficulties or disabilities that lead them to cross
paths with the justice system at a particular moment and/or that have significant
impacts on their emotional, mental, physical, and behavioral well-being. The notion
that children and youth are not innately violent or cruel is the driving force behind
the juvenile justice system. There exists a firm belief that youth can and will lead
healthy and constructive lives if given the opportunity to grow instead of being
presumed irredeemable and segregated from their communities.

The primary goals of the juvenile justice system, in addition to maintaining public
safety, are skill development, habilitation, rehabilitation, addressing treatment
needs, and successful reintegration of youth into the community. The juvenile justice
system takes a significantly more restorative approach than the adult criminal justice
system. A truly successful case for youth would result in the adolescent learning
from the experience without exposure to the severity of an adult prison, altering
their decisions and life course moving forward, and having no future contact with
the juvenile or criminal justice systems.

Background Information

The implementation of Juvenile Justice system has led to many success stories
proving that children in conflict of the law can be rehabilitated without resorting to
imprisonment or detention. UNICEF has been working with local governments, civil
society organizations, executive and administrative bodies, the Supreme Court, and
children themselves to fully implement the law to protect children’s rights – whether
the child is the victim, the offender, or a community member.

A youth entering the Juvenile Justice System has the opportunity to receive
intervention assistance from the state. In the care of the state, a youth may receive
drug rehabilitation assistance, counselling, and educational opportunities. The
success of the Juvenile Justice System is measured by how well it prepares youth to
re-enter the community without committing further crimes. Optimally all Juvenile
detention facilities would catch youths up on their education, provide them with job
training, give them experience of living in a safe, stable environment and provide
them with them assistance to break harmful habits.

However, DSWD facilities that operate primarily for CICLs do not get enough support
to offer adequate therapy and psychosocial assistance to support Juvenile Justice in
the Philippines. According to Secretary-General of Karapatan, Cristina Palabay,
“Children in conflict with the law often end up behind bars like common criminals
even inside facilities run by the DSWD or LGUs.” In some instances, due to the lack of
proper infrastructures for children, the authorities are forced to mix CICLs with
adults, with girls being held in the same cells as women. The lack of adequate
support and specialized facilities have made rehabilitation and reintegration for
CICLs more challenging, with the authorities not being able to handle a number of
CICLs due to the lack of funds and the absence of a clear system. Organizations and
political groups called the reform irresponsible and pushed for the full
implementation of the Philippine Juvenile Justice and Welfare Act instead. With
juvenile support institutions still lacking budget and support from the government,
lowering the age of criminal responsibility just means that the State has failed in
their move to protect the youth from abuse and exploitation.

As mentioned, in third paragraph in the second part of this paper, there is limitation
on resources and supports, but regardless they will still pursue their goal. In reality,
lack and limitations is difficult to fully change, making the goals regardless of those
circumstances may be impossible, how can they provide best services to the children
who they believe as not criminals. The children needs a lot more than rehabilitation,
more than the services the juvenile justice system has to offer, further, if the
association is lacking, the situation in giving those services may not be at the best
interest and consideration of children, is the facilities enough, safe and nurturing
environment, if the funds or resources is lacking and limited. Tje juvenille justice
system needs funds specifically for the services they'll offer to the juveniles.
Furthermore, juvenile justice system, may it be resulted effective is still not enough,
the government shoudl ensure to provide all children to education, food, health,
safety as well as shelter. Words in guidance and counselling may not be enough to
each, for instance juvenilles will be released, and the juvenilles will faced yet again
their reality, such as poverty, among others. A question: which is more terrifying, the
gun which is in front of you? or the law which is far away?. Which is more terrifying
dying cause of starvation for instance or steal for food to survive?

Alternatives

The government, in recommendations should build projects within a time

period to finished such as providig shelter to those who do not have. Education to
all, regardless of financial instability or non at all, for instance uniforms in primary
are not compulsory, as long pupils go to school, clean and neat. Make job
opportunities regardless of political beliefs and who they support, to minimize
competence people to work overseas, and use their skills and proficiency for the
development of foreign country instead of the mother land to developed and
prosper.

Solution

The juvenille justice system, should demand a proper funds to support their
goals and services to the government, to ensure and prevent juvenille crimes in the
Philippines. Modifying facilities based on children's nature, an environment that is
nurturing, redreshing and calming, as well as an environment to support their
holistic development, raging from cognitive, physical, socio-emotional among others.

Reccomendation

To limit juvenille crimes, in each family which is financially unstable should limit the
number of children to raise, as education regardless as treated as free, still needs
financial support, further that financial support is not only limited for the use of
education bur for every day survival, such as food, and water, among others.
Encourage big business and company in the Philippines to donate to charity to build
and support foster homes and mental health services.
Conclusion

The juvenille justice system cannot operate better while having lackings, and
this system offers rehabilitation and not prison as well as not punishment but for the
betterment of each minor. The effectiveness of the juvenile justice system is not on
its peak, due to it's lacking and limited resources to operate and produce a better
services to rehabilitation towards juvenille crimes. Regardless of effort to thrive even
against limition on resources, the juvenille justice system needs support and enough
funds from the government to fully operate effectively and positively.

References

1. (n.d). Juvenile Justice. Retrived from https://youth.gov/youth-topics/juvenile-

justice

2. Law. (N.D). Juvenile Justice Prevention. Retrived frok

https://www.impactlaw.com/criminal-law/juvenile/prevention

3. BUSINESSMIRROR. (MAY 19, 2022). Juvenile Delinquency in the Philippines: Is

Juvenile Justice Fair? Retrieved from
https://businessmirror.com.ph/2022/05/19/juvenile-delinquency-in-the-philippines/

4. Kristine Joyce M Belonio. (N.D). Philippines Juvenile Justice: A Life Behind Bars.
Retrieved from https://philippineone.com/philippines-juvenile-justice-a-life-behind-
bars/

5. UNICEF. (20 May 2019). Implement the Juvenile Justice Law fully and effectively.
Retrived from https://www.unicef.org/philippines/press-releases/unicef-implement-
juvenile-justice-law-fully-and-effectively