GUIMARAS STATE UNIVERSITY

COLLEGE OF CRIMINAL JUSTICE EDUCATION

Chapter 2

Review of Related Literature and Studies

This chapter presents the review of related literature

and studies which have bearing on the present study. This

study has two major parts namely: the conceptual literature

and related studies.

Conceptual Literature

Understanding Juvenile Delinquency

Juvenile delinquency is a major problem that society is

suffering and will continue to suffer (Albay J. F., et. al.,

2013). Even the most developed and progressive countries in

the world, with their vast resources, have to contend with

the problem of juvenile delinquency (Asalan J. G. L., et.

al., 2014).

R.A. 9344, “Child” is a person under the age of

eighteen (18) years. While “Child at Risk” refers to a child

who is vulnerable to and at the risk of committing criminal

offences because of personal, family and social

circumstances. Some of the examples mentioned in the law

are: being abandoned or neglected, and living

in a community with a high level of criminality or drug

abuse.

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 GUIMARAS STATE UNIVERSITY
COLLEGE OF CRIMINAL JUSTICE EDUCATION
Buenavista, Guimaras

Philippine Juvenile Justice and Welfare

Republic Act No. 9344 or the “Juvenile Justice and

Welfare Act” defines the Juvenile Justice and

Welfare System as a system dealing with children at risk and

children in conflict with the law, which

provides child-appropriate proceedings, including programmes

and services for prevention, diversion, rehabilitation, re-

integration and aftercare to ensure their normal growth and

development (Sanchez, n.d.).

The R.A. No. 9344 is a derivative of the United Nations

Convention on the Rights of the Child (UNCRC) and aims to

address the needs of these minors without the need for legal

action. Rather than subjecting juvenile offenders to

punitive measures and treating them as delinquents, the

State and community will offer them support to deter future

criminal behavior (Sanchez, n.d.).

Juvenile delinquency is a prevalent issue, with minors

being predominantly involved in minor offenses. However,

there are reports indicating that young offenders are

becoming increasingly audacious and their age is decreasing.

There is an increasing incidence of minors being involved in

serious criminal offenses that carry the possibility of life

imprisonment. According to statistical data from 2015, the

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 GUIMARAS STATE UNIVERSITY
COLLEGE OF CRIMINAL JUSTICE EDUCATION
Buenavista, Guimaras

most prevalent criminal offenses committed by minors were

theft, physical assault, and sexual assault. The number of

recorded theft cases in the year 2015 amounted to 3,715,

whereas the cases of physical injury amounted to 1,859. The

number of rape cases involving child perpetrators has been

reported to have reached 642 (Business Mirror, 2022)

Related Studies

Foreign Studies

The study of Trinidad A., et. al. (2019) entitled

“Jumping at the opportunity: The role of situational and

opportunity factors in juvenile delinquency in Southern

Europe”. The occurrence of juvenile delinquency is impacted

by situational and environmental factors. Empirical research

has indicated that factors such as access to recreational

facilities and low levels of social cohesion are correlated

with delinquent behavior among young individuals. The

present study seeks to enhance comprehension of the impact

that situational and contextual factors exert on delinquency

among juveniles aged 12 to 18 years in a southern European

locality, from an opportunity perspective. The present study

employed a negative binomial regression to analyze police

data obtained from the municipalities of the Basque Country,

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 GUIMARAS STATE UNIVERSITY
COLLEGE OF CRIMINAL JUSTICE EDUCATION
Buenavista, Guimaras

situated in the northern region of Spain. The findings

revealed that opportunity-related variables, specifically

non-risky leisure and population size, exerted a significant

positive influence on juvenile delinquency. Conversely,

risky leisure opportunities, single-parent families, and

residential instability did not exhibit any significant

association with juvenile delinquency. These results suggest

that certain predictors that have been well-established in

the literature may not operate as expected in specific

cultural and geographic contexts.

The study of Young et al. (2017) entitled “Juvenile

delinquency, welfare, justice and therapeutic interventions:

a global perspective”. The article provides an international

perspective on juvenile delinquency and justice. The issue

of juvenile delinquency is increasingly becoming a matter of

apprehension. The intersection of victimization and

offending among young individuals necessitates a public

health approach that incorporates both welfare and justice

models, in order to address their multifaceted needs. The

legal frameworks across the globe exhibit significant

variability and inadequacy, while the dearth of a

specialized workforce further exacerbates the situation.

Forensic child and adolescent psychiatry has been

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 GUIMARAS STATE UNIVERSITY
COLLEGE OF CRIMINAL JUSTICE EDUCATION
Buenavista, Guimaras

established in high-income countries such as the UK,

encompassing various disciplines including legal,

psychiatric, and developmental aspects. The implementation

of a therapeutic intervention philosophy based on evidence

has been linked to more significant decreases in recidivism

in comparison to punitive methods that are commonly utilized

in various nations globally. As a result, it can be

considered a superior approach to addressing the issue of

juvenile delinquency.

Local Studies

The study of Bilog F. E. (2014) entitled

“Implementation of the Juvenile Justice and Welfare Act of

2006 (RA 9344): Inputs to Policy Amendments” revealed that

The majority of juvenile offenders in Batangas City are

males who are single and between the ages of 15 and 17. They

have completed elementary education and have committed theft

in the year 2012. These offenders are currently under the

care of their parents or legal guardians. The implementation

of objectives, compliance, evaluation, and monitoring as a

means of assessing the status of RA 9344 represents a novel

approach within the criminal justice system as it pertains

to juvenile offenders. The implementation of RA 9344 poses

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 GUIMARAS STATE UNIVERSITY
COLLEGE OF CRIMINAL JUSTICE EDUCATION
Buenavista, Guimaras

challenges for various sectors, particularly in terms of

inadequate understanding among both children and parents

regarding the severity of the child's offense and their

constitutional rights. The research revealed a noteworthy

correlation between the level of execution of RA 9344 and

the challenges experienced. Moreover, notable distinctions

exist among the reactions of the three cohorts of

participants. The exemption of juvenile offenders from

criminal responsibility has significant implications for the

community, as it may result in the recurrence of criminal

behavior or the commission of more serious offenses than

those previously committed. Furthermore, it was discovered

that the impact of exempting youth offenders from criminal

responsibility was significantly associated with compliance,

evaluation, and monitoring. The study's results led to the

identification of potential modifications to the policies

governing RA 9344, with the aim of enhancing the

implementation's efficiency and effectiveness. Intervention

programs, such as child management training and

rehabilitative programs focused on continuous education for

juvenile offenders, are recommended. Additionally, the

provision of supplementary facilities to support

rehabilitation, staffed by competent personnel, is

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 GUIMARAS STATE UNIVERSITY
COLLEGE OF CRIMINAL JUSTICE EDUCATION
Buenavista, Guimaras

suggested. The establishment of rehabilitation centers in

each province, also staffed by competent personnel and

equipped with necessary facilities, is also proposed.

According to the study of Bassig, Fevidal, A. M. N., &

Robeniol, G. A. D. (2009) “Exploring juvenile delinquency:

violence as perceived and justified by juvenile

delinquents”. The study sample comprises of Filipino

adolescents who have engaged in delinquent behavior and fall

within the age range of 15 to 18 years. The participants

underwent an interview process via a focus group discussion

that was moderated by the researchers. The data obtained

from the interviews has been subjected to analysis using a

three-phase variation of the Grounded Theory methodology.

The research revealed that a significant proportion of young

individuals perceive violence as a means of ensuring their

survival. The majority of individuals held the belief that

the use of violence can be deemed acceptable if it is

utilized as a means of survival, such as acquiring necessary

financial resources or safeguarding oneself and one's close

relations. If young individuals are consistently exposed to

violent situations and are provided with justifications for

engaging in such behavior, they may continue to rely on

violence as their primary means of coping and survival.

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 GUIMARAS STATE UNIVERSITY
COLLEGE OF CRIMINAL JUSTICE EDUCATION
Buenavista, Guimaras

The study of Lopez, Mondia, M. G. S., Porio, L. M. F.,

& Javier, V. I. W. (2016) entitled Bata at batas : an

exploratory research on Filipino children in conflict with

the law-- concepts and levels of empathy. The study

investigated the attitudes and degree of empathy exhibited

by Filipino minors who have become involved in legal

conflicts, commonly referred to as Filipino children in

conflict with the law (Filipino CICL). The study focused on

the children's conceptualizations of empathy, its

development, and their encounters with demonstrating and

receiving empathy from other individuals. The study employed

a partially structured interview and utilized the

Pagkamaunawain subscale from the Masaklaw na Panulat ng Loob

(MAPA) to collect the requisite data. The data obtained from

the interviews was subjected to thematic and content

analysis, while the scores derived from the scale were

presented using descriptive statistics. The findings

obtained from the interviews indicated that the juveniles

who were involved in legal conflicts had primarily

encountered empathy through their social circle,

particularly their acquaintances and relatives, specifically

their mothers and fathers. Furthermore, they had developed

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 GUIMARAS STATE UNIVERSITY
COLLEGE OF CRIMINAL JUSTICE EDUCATION
Buenavista, Guimaras

their understanding of empathy based on the instances of

empathy that they had personally experienced. Subsequently,

the children were able to recollect instances wherein they

have demonstrated or received empathy towards or from

another individual. The results obtained from the scale

indicate that the children who were in conflict with the law

exhibited predominantly average levels of empathy. The study

on Filipino children in conflict with the law (CICL)

revealed that their capacity for empathy is influenced by

their past experiences and observations. Despite their

challenging circumstances, these children demonstrate an

ability to comprehend and exhibit empathy that is consistent

with societal norms. In conclusion, the researchers have

summarized that Filipino children in conflict with the law

possess the ability to express and comprehend the emotions

of others, as well as empathize with them, in order to

integrate and become members of society.

Another study by Dirig. (2016) entitled “Examination of

Relationship Between Child Abuse Type, Gender, and Violence

in Juvenile Delinquency and Juvenile Dependency Subjects”.

The present investigation examined the associations between

the various forms of maltreatment encountered by minors, the

nature of the offenses (violent or non-violent) perpetrated

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 GUIMARAS STATE UNIVERSITY
COLLEGE OF CRIMINAL JUSTICE EDUCATION
Buenavista, Guimaras

by minors, and the gender of Crossover Youth. The research

exhibited a correlation between minors who have experienced

emotional abuse and their tendency to engage in acts of

violence. In comparison to other forms of abuse, a

significant proportion of male juveniles underwent neglect,

while a relatively minor proportion of female juveniles

experienced emotional abuse. In addition, there was a

notable correlation between male juveniles who have been

neglected or sexually abused and their propensity to engage

in violent criminal behavior. The aforementioned analyses

have the potential to offer significant value in devising

efficacious psychological interventions that are tailored to

the various forms of abuse that children may encounter, with

the aim of mitigating the likelihood of subsequent

delinquent behavior.

Relevance of Related Literature

“Today’s delinquents are tomorrow’s criminals.” This

saying warns us of the danger of delinquency if it is not

controlled or addressed timely.

The preceding conceptual and related literature and

studies were important because they served as a guide on the

present study and provided factual confirmation to some

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 GUIMARAS STATE UNIVERSITY
COLLEGE OF CRIMINAL JUSTICE EDUCATION
Buenavista, Guimaras

findings that the researcher could use. Additionally, these

studies and literature were important because they were

related to one another.

The researchers were able to establish a theoretical

foundation for their study on the challenges encountered in

the implementation of the Juvenile Justice and Welfare Act

of 2006 (RA 9444) through a comprehensive review of related

literature and studies. This process also aided the

researchers in identifying potential participants for the

study. The incorporation of conceptual and related

literature in this study facilitated the researchers in

attaining a comprehensive comprehension of their research

and validating the existence of the issues at hand.

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