JUVENILE JUSTICE AND WELFARE ACT

OF 2006 (R.A. 9344) IMPLEMENTATION:

THE BARANGAYS AS THE GATEKEEPERS OF
THE JUVENILE JUSTICE
IN NAIC, CAVITE

Jocson, Ronn Nelson S.

introduction

r.a. 9344
 methodology
Table 1
Selected barangays
Qualitative Research of Naic, Cavite
Punong Barangay
Descriptive Method a member of Lupon ng Tagapamayapa
Barangay Population (As of 2016)
Documentary Analysis Method a member of BCPC
Ibayo Silangan
Library Research Method a Barangay
12,627 Tanod
Timalan Balsahan a Barangay
9,754 Resident
Labac Municipal
6,167 Mayor
Purposive Sampling
Bucana Sasahan 5,511
• re-elected
Malainen Bago 4,603
• population size
Bancaan 4,255
10 Selected
Muzon 2,422
Barangays of
Sapa 1,206
2016-2018 Naic, Cavite
Makina 833
Capt. C. Nazareno 801
 RESULTS & Discussion

I. The Situation of CICL in Selected Barangays of Naic

II. Threefold Community-Based Programs for CICL
III. The Gatekeepers of the Juvenile Justice and Welfare System in the
Community
IV. On Selected Provisions and Issues on R.A. 9344, as amended
 Above 15 but below 18
CICL Profile
Age

Sex

Crime(s) committed

Reasons for committing 1. R.A. 9165

crimes 2. Physical Injuries 1. Theft
3. Theft 2. R.A. 9165
4. PD 1602 3. Physical Injuries
Recidivism 5. Direct Assault 4. Acts of
6. Resistance & Lasciviousness
Disobedience 5. Robbery
7. Voyeurism
CICL Profile
Age
Peer influence
Sex
Poverty
Crime(s) committed
Dysfunctional families
Reasons for committing
crimes
Repeat offenders
Recidivism
 Community-based programs

Intervention Diversion Rehabilitation

Counseling
Peer counseling and life skills training and education
Primary Provision of support services to the family
Referral to other agencies for appropriate services
Access to child and youth organizations in the community
Release on recognizance
Secondary Temporary shelter
Organization of peer support groups
Psycho-social and therapeutic programs
Tertiary Financial assistance and support services
Diversion program as indicated in R.A. 9344
 intervention
Table 5
Intervention programs for CICL in the selected barangays
Level Intervention Programs
 Counseling
Tertiary  Referral to other agencies for appropriate services
 Diversion program (See Table 7)
 diversion
1. Restitution of property;
2. Reparation of the damage caused;
3. Indemnification for consequential damages;
4. Written or oral apology;
5. Care, guidance and supervision orders;
6. Counseling for the child in conflict with the law and the child’s family;
7. Attendance in trainings, seminars and lectures on:
• anger management skills;
• problem solving and/or conflict resolution skills;
• values formation; and
• other skills which will aid the child in dealing with situations which can lead
to repetition of the offense;
8. Participation in available community-based programs, including community
service;
9. Participation in education, vocation and life skills programs.
 Table 7: Diversion programs for CICL in the selected barangays
Forms of
Description
Diversion Programs
Restitution
return of the property
of property
Indemnification reimbursement (repair, restoration/mending the injury)
for consequential payment of the actual cost
damage Replacement
Written or promise not to commit the same offense again
oral apology acceptance of possible punishment for re-offending
giving advice
Care, guidance
home/school visit
and supervision orders
reporting to the LCPC representative/ LSWDO
Counseling for the CICL helping them become aware of themselves and the ways in which they
and the child's family react to the behavioral influences of their environment
Participation in available
conduct cleaning of surroundings, drainage of canals and other
community-based
environmental sanitation activities
programs/services
 rehabilitation
“application of corrective or reformative measures to a child in order to change
his or her negative attitude and behavior into something positive and acceptable
to the community”
(Rule 73, Revised IRR of R.A. 9344)

• no formal community-based rehabilitation programs

• limited only to intervention and diversion
• MSWDO have not yet referred or endorsed cases to them subject for
community-based rehabilitation
 Four major roles of Duty-bearers
the barangays
I. establishment and strengthening
of BCPC (Sec. 15)
II. mandatory allocation of 1% of IRA I. Punong Barangay
for BCPC (Sec. 15) II. Lupong
III. development of a CJIP covering Tagapamayapa
at least a 3-year period (Sec. 18) III. BCPC
IV. formulation and conduct of IV. Barangay Tanod
diversion program at the
Katarungang Pambarangay level
(Sec. 24)
 barangays
established and organized Punong barangays
their own BCPC

earmarked 1% of their IRA Spearheads the

for its BCPC implementation of the Act
as the chief executive
developed and instituted a
CJIP Mediates in cases

implemented certain forms

of diversion programs
 Lupong BCPC
tagapamayapa • Early Childhood Care and Development
(ECCD) program
• day care centers/kindergarten schools
• seldom brought to them (CLJIP – Naic, 2016)
• cases that could not be • initial investigation
resolved • empowerment of the parents
• in most cases: first • no programs on proper parenting/child
responders rearing
• failed as a coordinating body for the
LEO and/or kagawad adoption, implementation, assessment,
+ monitoring and evaluation of the CJIP
investigator • no formal collaboration with other
stakeholders
initial contact &
Determining the age
investigation
LEO/Concerned person Child

BPSO Parents/Guardian
+
Supporting documents
Parents/Guardian

• no BCPC forms
• logbook
 Conflict resolution treatment
to, toy or totoy
 kagawad on duty, investigator & tanod ne or nene
 room that have enough privacy

disciplinary actions
 macr Establishment
& Strengthening of BCPC
Discernment
• Not familiar
• Lack of seminars & capability-
Exploitation by crime syndicates building programs/trainings
• Functional

MACR Hon. Dualan

functional in his assessment

13 12 9 budgetary constraints
 Diversion: The Cure-all
Resource Availability
Remedy?
• capable of rendering justice
• positive effect on the emotional
aspect Not enough

Requests

• Unfair
• Recidivism Limited scope of fund
• Not equipped with skills BCPC fund =
• Easy to get away local day care centers’ fund
• Parental liability
CICL: A Criminal or a Victim? Death Penalty

victims
> criminals
against

too harsh a sanction for a child

Peers Poverty • capable of changing

• driving forces
• lack the mental capacity
• impulsiveness
 Article 40 (1) Naic, CAVITE
duty to recognize the rights of the
CICL & their best interests Relatively Few
Small Cases

Ra 9344
McDonald and Bush (2013)
Punitive/ Restorative
Retributive
(Kratcoski, 2012) Individual Family Peer

(Cox & Conrad, 1991)

 Naic, CAVITE Yang, Veloso, Diaz,
Aldaba, & Ariston (2015)
drug-related crimes • absence or lack of
crimes against persons community-based programs

Intervention
few
Diversion
crimes against property
Edelbacher, Gerstberger Rehabilitation
& Norden (2012)
absence of systems or
mechanisms
poor cataloguing of data lack of CJIP, BCPC forms,
& diversion contracts
 Gaps in
gatekeepers
performance
four-fold roles (Mosquito, 2009) • mediation, family conferencing and
I. CJIP conciliation efforts usually limited to
II. BCPC first responders
• Lack of BCPC programs on the
Barangay Protocol in Managing Cases of CAR
area of health, sports, livelihood,
& CICL (2016)
recreational activities, and proper
1. Members parenting & child rearing
2. Performance • no formal BCPC programs or
3. Budget projects in collaboration with others
III. BCPC Fund = “day care fund” • taking of the statement of the child
IV. Diversion (Sec. 22)
 • age, residence, gender, crime
mandatory registry of CICL committed or accused of, and the
details of intervention/diversion
(SEC. 12, RA 10630) • no BCPC forms (e.g. intake,
complaint, referral and feedback
forms)
• birth certificate, baptismal certificate,
testimonies from the child or other Age of the child
persons, the physical appearance of the (SEC. 7, RA 9344)
child, and other relevant documents

Diversion contract • Limited only to logbook

(SEC. 26, RA 9344)
 • generally respects their welfare &
rights
Treatment of CICL • diplomatic manner
• no locked up policy (Sec. 21)

• alyas or codename
• closed-door sessions confidentiality of records and
(Sec. 5 (h), RA 9344)
• separate logbook for CICL
proceedings
(Sec. 43, ra 9344)
• VAWC logbook

prohibited acts • Employment of unnecessary

(Sec. 60, ra 9344) violence
 macr Establishment
Viray (2018)
& Strengthening of BCPC
Senator Vicente Sotto III 13
Sison-Arroyo and Estorninos (2012)
will only expose younger children
crackdown of syndicates ostrong support and commitment
ofrom the LGUs
Sec. 20-C, R.A. 10630
maximum imposable penalty and period

Estorninos (2017)
considerably compliant (CRC and other
international guidelines)
 Diversion: The Cure-all
Resource Availability
Remedy?
Farmer (2011)
reoffending:
- adult-formulated justice
system
could set aside an amount from
- labelled or stigmatized as
delinquent their general fund for the purposes
Trinidad, Manzano & Puzon (2006) of the Act
• expedites the resolution of cases e.g. intervention programs
• decongests the local courts (Sec. 18, RA 9344)
• spares from the arduous process of
prosecution

Problem lies more on the implementation

CICL: A Criminal or a Victim? Death Penalty
Article 37 (a)
predisposed to turn into CICL due to:
• Poverty RA 9344
• Lack of parental guidance
• Peer pressure

Lennings & Lennings (2014) Sec. 5 (b)

rights
doli incapax or “incapable of evil” Sec. 59
exempting provision

new lease on life

 conclusion
A. No. of CICL is considerably small • BCPCs are not all functional
• Limited scope of budget
above 15 but below 18 • No CJIPs
poor and dysfunctional families • Lack of pertinent documents
Peer influence • Poor database or registry of cases
• Prohibited acts

B. limited intervention and diversion programs with 1. lower the MACR

no rehabilitation programs 2. the enhancement of BCPCs remains
C. considerably compliant with some gaps as to a challenge due to financial
constraints and lack of training
their roles, duties, functions and responsibilities
3. divided opinion as to diversion limited
D. On Selected Issues and Provisions resources
4. CICL as victims of circumstances
beyond their control
5. no to death penalty
 conclusion
A. No. of CICL is considerably small
above 15 but below 18
poor and dysfunctional families
”
The CICL have as
Peer influence
much universal and
B. limited intervention and diversion programs with indiscriminate rights
no rehabilitation programs as any other child...
C. considerably compliant with some gaps as to
their roles, duties, functions and responsibilities Their welfare shall
D. On Selected Issues and Provisions be the juvenile
justice system’s
paramount
consideration...
 recommendation
A. barangays & its officials
B. MCPC, LSWDO & DILG – Naic • continuous efforts in strengthening
- trainings/capacity-building the BCPCs
• 1% of IRA for the BCPC programs
C. close interagency coordination (barangays, LSWDO and projects
& Naic mps) • institute CJIP with the help of all
- centralized database at the sectors concerned
barangay and municipal level • readily available and extensive
community-based programs
D. convergence of different sectors
E. Parents/guardians restorative justice
- counseling services & parent
effectiveness seminars/training
20 19
18
16
14 Figure 1
Age group of the
12
10
8
cicl
6 5
4
2 1
0 0 0
0
11 years old and 12-15 years old Above 15 but below
below 18 years old
MSWDO - Naic
Naic Municipal Police Station
MSWDO Naic mps

Gender of the cicl

 7
6
6
5
5
Figure 2 4

Reported 3
2
3
2

offenses
2
1 1 1 1 1 1 1
1

committed by 0
0 0 0 0 0 0

CICL

MSWDO - Naic Naic Municipal Police Station - WCPD

Reasons
Peer influence

Poverty

Dysfunctional families

Repeat offenders
 Statement of the problem
CICL Profile community-based
programs
Age

Sex Intervention

Crime(s) committed
Diversion
Reasons for committing crimes

Recidivism Rehabilitation
 Statement of the problem
LAW REQUIREMENTS PERCEPTION
MACR
Responsi-
Roles BCPCs
bilities

Diversion as the “panacea”

Resource availability

Duties Functions Dualism (offender/victim)

Death penalty
Scope and limitation

• R.A. 9344, as amended

• intervention, diversion and
rehabilitation
• selected barangays of Naic
• 2016 to 2018
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