Chapter 1 Final Bueno and Virtudes
Chapter 1 Final Bueno and Virtudes
Chapter 1 Final Bueno and Virtudes
In Partial Fulfillment
Of the Requirements for the Degree
BACHELOR OF SCIENCE IN CRIMINOLOGY
Most children in conflict with the law have committed petty crimes or such minor
offences. Examples are vagrancy, truancy, begging or alcohol use. Some of these are
known as status offences and are not considered criminal when committed by adults. In
addition, some children who were engaged in criminal behavior have been used or
coerced by adults. In many instances, prejudice related to race, ethnicity or social and
economic status may bring a child into conflict with the law even when no crime has
are the one who is usually in charge in handling child in conflict with the law (CICL) and
Barangays Officials play a pivotal role in dealing with CICL. Being front liners of public
service, they are the one who must be discerning and knowledgeable enough to attend to
According to the UNICEF, data, there are 1 million children in detention today. And 90%
of the children in conflict with the law were just petty offenders. Four out of five children
who commit an offense, commit one in their lifetime. The majority of children who
ended up in the criminal justice system were from deprived communities and
discriminated against minorities (UNICEF, 2003). In the Philippines, RA 9344 defines
"Child in Conflict with the Law" to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws. According to Leones (2006), A child
in conflict with the law has the right to treatment which promotes the child’s sense of
dignity and worth, takes the child’s age into account and aims at his or her reintegration
into society. Children are entitled to basic guarantees as well as legal or other assistance
for their defense. Judicial proceedings and institutional placements shall be avoided
whenever possible.
In the Philippines, the justice system provides a law that treats every CICL in a
manner that recognizes and upholds human dignity and worth, and instills in the child
respect for the fundamental rights and freedom of others. This law, otherwise known as
Juvenile Justice and Welfare Act of 2006 or RA 9344 authored by Senator Francis
Pangilinan, asserts that no child 15 or younger may be charged for a criminal act and
minors above 15 but below 18 may be held criminally liable only if they are shown to
have acted with discernment. The law also provides resources for the rehabilitation and
intervention programs for CICL. However, a number of cities and local government units
are not aware of this provision of the law much more of providing resources for CICL.
But even if facility and services are provided, there are still some flaws with the law.
(Pagunuran, 2008)
The particular study will attempt to determine the level of effectiveness of the
Barangay Officials on handling Child in Conflict with the Law (CICL) on selected
barangays in Tangub City in terms of initial contact and diversion of CICL. This will
further find out what are preventive measures taken by the Barangay Officials to prevent
Conceptual Framework
with the Law (CICL) or Children at Risk (CAR) under Republic Act 9344. It seeks to
ensure the handling of children in conflict with the law and to enumerate the appropriate
steps from first contact with the child to turning over the child to guardians, or referral
services if necessary. It is also to ensure that violence and unnecessary force are
prevented, ensuring the child fully understands the situation and suggesting intervening
actions for the child such as online counselling or community volunteering. The
Barangay Protocol in Handling Children in Conflict with the Law (CICL) states that the
barangay plays an important role in taking custody of the CICL, conducting diversion
proceedings and assisting in implementing the diversion program for CICL with
discernment and preventing children to be at risk and to run in conflict with the law.
The said protocol seeks for the establishment and strengthening of the Local
Councils for the Protection of Children (LCPC). This Council serves as the primary
agency to coordinate with and assist the local government units in the adoption of a
comprehensive program for juvenile delinquency. It is tasked to coordinate with and
assist LGUs in calling on all sectors concerned, particularly the child-focused institutions,
NGOs, people’s organizations, educational institutions and government agencies
involved in delinquency prevention to participate in the planning process and
implementation of juvenile intervention programs. They shall also assist the Punong
Barangay in conducting diversion proceedings in cases, assist the Local Social Welfare
and Development Officer (LSWDO) in the development of the appropriate diversion
program, institute together with schools, youth organizations and other concerned
agencies in their community-based programs on juvenile justice and welfare initiated by
LGUs, and conduct capability building programs to enhance knowledge and skills in
handling children’s programs, among others. (Oppus, 2017)
minor undergoes a “child driven” program of treatment, without resorting to formal court
proceedings. The 2006 Act specifically prescribes when diversion may and may not be
appropriate and generally encourages the use of diversion so as to keep juveniles out of
custody. The wording of the legislation and its supporting rules are again reflective of the
rehabilitation in an attempt to protect the human rights and dignity of the child. Diversion
may take the form of restitution of property, reparation of the damage caused, or
supervision orders, counseling for the child or his family, attendance in seminars (anger
management, problem solving, values formation, and other skills), education, vocational
and life skills training or community service. It is, therefore, a form of rehabilitation,
whereby the minor undergoes a “child driven” program of treatment without resorting to
in handling child in conflict with the law in Tangub City will raise awareness of the
terms of their skills, knowledge and experience in handling child related cases.
1. What is the level of the Barangay Officials on handling Child in Conflict with the
2. What are the preventive measures taken by the Barangay Officials to prevent
in Conflict with the Law (CICL) to the selected 5 (five) barangays in Tangub City. The
children in conflict with the law, including services for prevention, diversion,
Barangay Officials. This study will help them to improve their performance
regarding their duties to the best of their abilities in order for them to protect the children
Parents. This research study will benefit the parents of the children who are in
conflict with the law. Through this study, parents will be able to guide and nurture their
Future Researchers. This will provide them the knowledge and ideas about the
Selected Barangays in Tangub City. This will serve as their reference for future studies.
This study will be limited only to the selected five (5) barangays in Tangub City
which are the Barangay Maloro, Barangay Migcanaway and Barangay Silanga, Barangay
Conflict with the Law will be the only focus of this research study.
Research Methods
This section presents the (a) research design, (b) research setting, (c) research
respondents, (d) research instruments, (e) data analysis (f) data gathering procedure and
Research Design
computational techniques. This research study will use the descriptive survey
method.
provides information that is useful to deal with local issues. Since the research
Conflict with the Law (CICL) on selected barangays in Tangub City, the
Research Setting
The study will take place in five selected barangays in the municipality of
Tangub City which are the Barangay Maloro, Barangay Migcanaway and
concentrated near the city. To find out if the location was one of the factors to the
CICL cases, the researchers will also conduct an interview with the barangay
Research Respondents
The respondents of this study will be the children in conflict with the law
of the five (5) barangays in the Municipality of Tangub City which are the
Mantic and Barangay I. The researchers will use total sampling; meaning, the
total population and numbers of the Child in Conflict with the Law (CICL) on the
selected barangays on Tangub City that will be the official samples of the study.
sampling where the whole population of interest (i.e., a group whose members all
Research Instrument
The main tool that will be used in this research study is a researcher -made
questionnaire- checklist. There will be three (2) parts of the said research
instrument:
Conflict with the Law (CICL) on their respective barangays in terms of: Initial
Contact with the CICL, and Diversion of CICL; and Part II assesing the actions
taken by the Barangay Officials to prevent Child in Conflict with the Law (CICL)
Nonetheless, the researchers will prepare and adopt the data-gathering tool
Data Analysis
level of barangay officials in handling child in conflict with the law. The
percentage will be calculated by getting the frequency of each level divided by the
conduct the survey to the respondents. The data that will be gathered will be
Validation of Instrument
Healy & Peary (2000), explain that validity determines whether the
research truly measures that which it was intended to measure or how truthful the
research results are. It estimates how accurately the data obtained in the study
researcher -made questionnaire- checklist will be use as a tool for data collection
from the respondents which are the Barangay Officials on the selected barangays
in Tangub City.
In this case, the researches will take a personal interview to the research
handling Child in Conflict with the Law on Selected Barangays in Tangub City".
Ethical Consideration
The ten principles of ethical consideration by Bell and Bryman (2007) will be
complied in this study. First, the research respondents will not be subjected to harm in
any way. Respect for the respondents’ dignity will be prioritized. Full consent will be
obtain from the respondents before the study. Protection of the privacy of research
respondents, the adequate level of confidentiality of the research data, and the anonymity
of individuals participating in the research will also be ensured. Moreover, deception and
exaggeration about the aims and objectives of the study will be avoided. Affiliations in
any forms, sources of finding, as well as any possible conflicts of interest, will be
declared. Lastly, any type of communication in relation to the research will be done with
consult professionals and experts regarding the data to be gathered to assure that the
proponents will make correct judgments of the results in order to generate a good
recommendation for this. Nevertheless, this study will be conducted with utmost
Definition of Terms
For better clarification and understanding of the terms related to this study, the
or without a warrant.
Barangay Officials- The barangay officials on the selected barangays in Tangub
City were conceptualized to perform their mandated duties and responsibilities at the
implementing relevant programs and promoting the general welfare, among others. They
Child In Conflict with the Law (CICL)- is a person who at the time of the
commission of the offense is below eighteen years old but not less than fifteen (15) years
procedure, regimen, or service, when deployed in the field in routine circumstances, does
Diversion Proceedings- refer to programs that child in conflict with the law is
required to undergo after the child is found by the appropriate authority responsible for an
Prevention- means the action of the barangay officials to reduce the instance,
delay the onset, or lessen the severity of the CICL cases in their respective barangays.
References
Babbie, E. (2010) The practice of social research. 12th Edition, Wadsworth, Belmont.
Bryman, A. and Bell, E. (2007) Business Research Methods. Revised Edition, Oxford
https://doi.org/10.1108/13522750010333861
Mugenda, A.G. (2008) Social Science Research: Theory and Principles. Acts Press,
Nairobi.
Pagunuran, P. (2008). Children in Conflict with the Law. The Philippines Today.
Retrieved July13,2011,fromhttp://www.philippinestoday.net/index.php?
module=article&view=1098
UNICEF Philippines (2003). Jail is no place for a child. Retrieved October, 10 2012 from
(http://www.unicef.org/philippines/children/jj_1.html
Appendix A
Researcher-Made Questionnaire on the Effectiveness of Barangay Officials in Handling
Child in Conflict with the Law on Selected Barangays in Tangub City
Name (Optional): ___________________ Age: __________ Sex: ___________
Part I: Instruction. Please check () and rate honestly the given statements based on
your level of effectiveness on handling child in conflict with the law.
Part II: Instruction. Please check () and rate honestly the given statements based on
the actions taken by the Barangay Officials to prevent Child in Conflict with the Law
(CICL) on their respective barangay.
Preventive Measures 5 4 3 2 1
1. Institute programs on juvenile justice and welfare.
2. Provide services that respond to special needs
problems interests and concerns of children.
3. Deliver services that offer appropriate counseling
and guidance to children and their families.
4. Promotes the best interest of the child.
5. Awareness raising on the situation and laws on
children
6. Hold classes and seminars on the proper rearing
of children and a positive parent-child
relationship.