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CHAPTER 1

Introduction

Rationale

The youth will always be our future. Dr. Jose Rizal, this country’s national hero

died believing so. Even the highest law of the Philippine land recognizes the vital role of

the youth in nation-building. However, it is alarming to know that many of the Filipino

youth chooses knowingly and unknowingly to be at the other end of the law.

Years before a law that establishes a comprehensive juvenile justice system was

passed in the country, the situation of children involved in crimes are very dire. From

1995 to 2000, over 50,000 children in the Philippines have been arrested and detained.

Roughly 28 children get arrested every day or more than one child for every hour. 1

Children as young as nine years old were being imprisoned even for petty crimes. In

September 2005, there were an estimated 4,000 children in jail and detention centers.2

Immediately after the Juvenile Justice and Welfare Act was implemented in 2006,

children detained in jails were released. They were subjected to intervention and

rehabilitative programs instead. From 8,661 children in conflict with the law (CICL)

served by the Department of Social Welfare and Development in that year, the number

decreased to a yearly average of about 2,500 from the year 2007 to 2009.3 The number

rose to 10,313 according to the January, 2010 to December, 2012 record of Juvenile

Justice and Welfare Council,4 the council tasked to oversee the implementation of the

Juvenile Justice and Welfare Act.

Looking at a local perspective, there were 359 reported cases of CICLs in

Legazpi City based on the 2011-2013 report of the City Social Welfare and Development

Office. On a separate report of Philippine National Police Women and Children


2

Protection Desk, on the year 2013, there were 149 recorded cases which rose to 222 on

January to October of 2014.

Statistics is not the only problem though. There are other issues being discussed

and debated related to youth involvement on crimes.

Approved in October 2006, Juvenile Justice and Welfare Act also known as

Republic Act 9344 established a comprehensive juvenile justice and welfare system in

the Philippines. It is considered a milestone in the country’s legislation for it ended the

long-time problem of criminalizing children. The law increased the minimum age of

criminal responsibility in the country from nine years old to the current 15 years old. It

also seeks to apply the principle of restorative justice in dealing with the cases of

children in conflict with the law as they are legally called, whereas they would be

subjected to child-sensitive intervention and diversion programs rather than sending

them to jail. The law believes that these children shall not be deemed criminal but

neglected children thus, they shall be treated differently from adult criminals.

In October, 2013 the law was amended to further strengthen the country’s

juvenile justice system. It mandates the formulation of a Regional Juvenile Justice and

Welfare Council and the establishment of a ‘Bahay Pag-asa’, a 24-hour child-caring

institution exclusively for the CICLs.

However, the researchers of this current study found out that in Legazpi City, the

Juvenile Justice and Welfare Act of 2006 is being misunderstood and that there are gaps

between the coordination of respective government agencies concerned on this matter.

The law mandates the establishment of a youth detention home where a child

with the recommendation of the court should undergo a rehabilitation program. In the

city, the Local Government Unit had established the Legazpi City Youth Home at
3

Barangay Puro, Legazpi City. According to Mayor Noel E. Rosal, LCYH is still operating

with the complete facilities and activities exclusive for the CICLs. However, according to

Mrs. Cecila E. Arcilla of the City Social Welfare and Development Office, although the

LCYH is still operating, it is now catering not only the CICLs but even the abandoned

families, persons with disabilities and abused children. Moreover, CICLs with court order

are being brought directly to the DSWD Regional Rehabilitation Center for Youth in

Sorsogon.

In addition to this, the law clearly stated that a child shall not be detained

together with adult detainees regardless of gender. However, the researchers found out

that there is one CICL in the custody of Legazpi City Jail. Although Senior Jail Officer 1

Arnold Lasam and Jail Officer 1 Ruth Castor claimed that they have a separate cell and

rehabilitation activities for the CICL, it is still a violation of the law to put a child behind

bars.

Aside from these issues, there is also the issue of maltreatment from the law

enforcers. Commission on Human Rights Regional Director Atty. Arlene Q. Alangco said

that it is true that upon arrest, there are minors who are harmed by some police because

they look like adults. Mrs. Arcilla also accounted that those youth who committed

offenses more than once are mostly the one who experienced maltreatment like physical

abuse from the law enforcers. It is verified by Denver (not his real name) who had

suffered the same fate on the hands of police officers during the sixth time he was

caught.

Currently, the Criminal Code Committee of the Department of Justice included

the lowering of the minimum age of criminal responsibility (MACR) to age 13 in the

revision of the country’s Revised Penal Code which has been already endorsed in the
4

House of Congress. However, the Juvenile Justice and Welfare Council and its member

agencies, the Department of Social Welfare and Development and the Commission of

Human Rights are opposed to this. Chairman Loretta Ann Rosales of CHR said on an

interview with the Philippine Star, “Lowering the MACR will just punish the children while

remaining oblivious to the root causes of youth offending and vulnerabilities arising from

the lack of a protective and caring environment brought about by failures of individuals,

systems and the larger society.”5

Lowering the minimum age of criminal responsibility in the country may or may

not be an ideal solution on the problem of rising number of children in conflict with the

law. Nevertheless, the problems on the implementation of the Juvenile Justice and

Welfare Act shall be addressed first because whatever protection the law wanted to give

to the youth, if both the government and the community will not partake in the

implementation, the law will remain in papers whereas the rights of the children will be at

risk. Because of this, the role of media as a message channel begins.

Recognized by Section 14 of Juvenile Justice and Welfare Act, mass media has

an important role in the promotion of child rights, and delinquency prevention by relaying

consistent messages through a balanced approach. 6 The researchers as future media

practitioners deemed it necessary to produce a video documentary that would present

the real status of juvenile delinquency in the country specifically in the city of Legazpi.

This research video documentary titled “Cyrus at Denver: Dalawang Mukha ng

mga Batang Naligaw? (A Video Documentary on Juvenile Delinquency Cases in Legazpi

City)” featured two youth named as “Denver” and “Cyrus” who were both street children

once. At a young age, they ran away from home and have both been involved in criminal

acts like stealing, robbing and the like. According to Denver’s father, the absence of his
5

mother due to work was most likely the reason why Denver chose to stay in the street

with the other street children. On the other hand, Denver said that it was because he

wanted to experience living in the street like the other children that he often ran away

from home. Meanwhile, Cyrus began living in the street after his mother passed away

when he was seven years old. He also experienced physical abuse with his father.

The video questioned if the children who committed offenses against the law

shall be viewed as criminals and if punishing these children the solution to lessen the

number of children in conflict with the law.

This video documentary also tackled some important points of the Juvenile

Justice and Welfare Act of 2006 and its implementation in the city of Legazpi. Interviews

with Legazpi City Mayor Noel E. Rosal, Mrs. Cecilia E. Arcilla of the City Social Welfare

and Development Office, Police Senior Inspector Roseleen P. Vazquez of the Legazpi

Philippine National Police Women and Children Protection Desk, Commission on Human

Rights Region V Regional Director Atty. Arlene Q. Alangco and Psychology professor Dr.

Rudya A. Roallos were also presented on the video.

Copies of the video output of this study were distributed to the government

agencies responsible of delinquency prevention and the implementation of the amended

RA 9344. The information should help the concerned government agencies and the local

communities in addressing the issue in appropriate manner.


6

Objectives

The study “Cyrus at Denver: Dalawang Mukha ng mga Batang Naligaw? (A

Video Documentary on Juvenile Delinquency Cases in Legazpi City)” aimed to produce

a video documentary which would serve as a medium to relay necessary, reliable and

factual information regarding juvenile delinquency and crimes and the juvenile justice

and welfare system for the awareness of the community.

Specifically the objectives are:

1. Discuss the factors that cause or trigger minors to commit offenses against the

law.

2. Showcase the common cases that involve minor offenders in Legazpi City.

3. Present the intervention and diversion programs of the Local Government Unit,

City Social Welfare and Development Office and PNP Women and Children Protection

Desk.

4. Discuss the salient points of Juvenile Justice and Welfare Act of 2006.

Scope and Delimitation

This research titled “Cyrus at Denver: Dalawang Mukha ng mga Batang

Naligaw? (A Video Documentary on Juvenile Delinquency Cases in Legazpi City)”

determined the causes of why youth commit offenses against the law and the common

cases which involve minor offenders. The study also determined the different

intervention and diversion programs of the Local Government Unit, the City Social

Welfare and Development Office and Philippine National Police Women and Children
7

Protection Desk for the CICL in the city of Legazpi. It also incorporated the brief

discussion of how juvenile justice and welfare system works in the country. These were

all presented in a video documentary.

Data that substantiated this study were gathered from the City Social Welfare

and Development Office, Philippine National Police Women and Children Protection

Desk and Office of the Mayor wherein representative of each agency discussed how

they address the problem and their actions towards it.

A Psychology professor from Bicol University College of Social Sciences and

Philosophy helped explain the factors that cause or trigger the minors to commit

violations against the law for reliable discussion of that matter. The regional director of

the Commission on Human Rights Region V talked about the rights of the children in

conflict with the law.

Two youth from Legazpi City who were once street children and who committed

offenses against the law were featured to share their experiences as children in conflict

with the law. Their real identities were concealed from the public for confidentiality.

No CICL in custody of the CSWD was allowed to be interviewed since Section 43

of Republic Act 9344 states that “All records and proceedings involving children in

conflict with the law from initial contact to final disposition of the case shall be considered

privileged and confidential”. Neither the CICL detained in the City Jail was allowed by the

Bureau of Jail Management and Penology Region V to be interviewed. Thus, the

delimitation of the study.


8

Significance of the Study

The result of the study would be beneficial to the LGU Legazpi, DSWD, PNP,

CHR, JJWC, child-related NGOs, CICL, their family, policy makers, BUCAL, BUCSSP,

future researchers and the researchers. Hereunder are the benefits that the above

mentioned stakeholders would derive from the study.

Local Government Unit of Legazpi. This study would let the Local Government

Unit of Legazpi be aware of the issues concerning the children and youth in conflict with

the law. This would give them an idea on how to respond appropriately to the situation.

The documentary would also serve as an evaluation of the implementation of the RA

9344 on the city.

Department of Social Welfare and Development. The video output of this

study can be used by the agency as the threshold information or data so that proper

coordination with the law enforcers and community leaders would ensure the effective

implementation of the law.

Legazpi City Philippine National Police Women and Children Protection

Desk. This study would enlighten them on how to deal with juvenile delinquency

incidences during circumstances. This would also aid them in the proper coordination

with the other concerned agencies.

Commission on Human Rights. They may use this study to further promote the

observance and protection of the rights of the children in conflict with the law.

Juvenile Justice and Welfare Council. The output of the study could be utilized

as their campaign documentary for the awareness of juvenile justice and welfare system

in the other part of the country.

Child-related Non-Government Organizations. As one member of the Juvenile

Justice and Welfare Council, they could derive information related to juvenile justice and
9

welfare system from the output of this study. They could utilize it for the promotion of

children’s rights.

Community. This would remind them of their role in constructing a healthy living

ground for the children and molding the behaviour of the children and the youth.

The Family of CICL. This study could serve as an eye opener to the family of

children in conflict with the law regarding their responsibilities towards the development

of the children.

Parents. Not only would the parents of the CICL but all of the parents in and out

of the city be benefited in this study through stimulating their awareness that their

children are at risk to becoming in conflict with the law. This study should make them

realize the vital role they need to play in order for their children to grow into a good

person.

Children/Youth In Conflict with the Law. This study would remind them of their

rights during the commission of an offense. This could also guide them on what to do

when they experience abuse or neglect.

Youth. This study should make them aware of the risk that their environment can

cause them. They should be educated of proper behavior in order to avoid being on the

other side of the law. The study would also help them on how to act towards the issue of

delinquency that other children/youth faces.

Policy Makers. The output of this study would give the local legislators the

information regarding the implementation of the amended RA 9344 in the city. It would

also give them further idea of the needs of the CICL.

Bicol University College of Arts and Letters (BUCAL). This study would be

the first research on the topic juvenile delinquency and juvenile justice system in the

college. This could encourage the institution to produce more related video documentary

especially those which would uphold the rights of the children and the youth.
10

Bicol University College of Social Sciences and Philosophy (BUCSSP). The

output of this study could be used by the students specializing in sociology, social work

and psychology as their reference for juvenile delinquency related topic.

Future Researchers. This would serve as a reference for other researchers

whose studies would be in line with the present study.

Researchers. This study would serve the researchers’ purpose as

communication students to be the channel that would open the awareness of the

community to the issue regarding juvenile delinquency and crimes and juvenile justice

and welfare system.


11

NOTES

1
http://www.unicef.org/philippines/children/jj_1.html <Retrieved: August 6, 2014>

2
Sabine Dolan. “Philippines Senate action builds hope for children in jail”.

http://www.unicef.org/protection/philippines_30525.html <Retrieved: August 6, 2014>

3
Annie Ruth Sabangan. “Children in Crime: Cracks in the Country’s Juvenile

Justice System”. http://www.interaksyon.com/article/14780/children-in-crime-cracks-in-

the-countrys-juvenile-justice-system <Retrieved: August 17, 2014>

4
Ces Oreña-Drilon. “Glyzelle: Naging boses ng mga youth offenders” TV Patrol

News Report <January 20, 2015>

5
Rhodina Villanueva. “CHR bucks proposal to lower minimum age of criminal

responsibility”. http://www.philstar.com/headlines/2014/09/17/1369968/chr-bucks-

proposal-lower-minimum-age-criminal-responsibility <Retrieved: February 7, 2015>

6
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

<Retrieved: July 18, 2014>


12

CHAPTER 2

Review of Related Literature, Studies and Films

Presented in this chapter are the reviews of related literature, related studies and

film which are substantial in the conduct of research. Additionally, the chapter includes

the synthesis of the State-of-the-Art, the gap to be bridged by the study, the thesis

statement the theoretical and production framework and the definition of terms.

Related Literature

Delinquency among the youth has both been a concern of many countries

including the Philippines and a subject of many literatures, documentaries and

researches for the past decades. Lots of books have offered various definitions of

juvenile delinquency yet as according to Trojanowicz and Morash, the concept has not

always referred to the same type of behavior. Notions about what behavior should be

defined as delinquency are not set and changing and in fact, are frequently questioned.1

The concept of juvenile delinquency and juvenile justice is also a relatively

modern thought. It was invented in 1899 when the first juvenile court began to treat

young offenders differently from those who were older.2 In the pre-modern societies,

youth offenders are treated the same as they treat adult criminals. Such approach was

often based on the notion that what causes delinquency of youth are inseparable from

what causes criminal actions and therefore shall be similarly punished.

Delinquency causation is also being offered by various theories of different field

such as biology, psychology and sociology. San Juan and Centeno claim that biologists

believe that aberrant genetic traits causes deviant behavior while psychologists argue
13

that it is brought about by the deviant impulses toward sexuality and aggression. 3

Sociologists on the other hand, offer a wider perspective of what causes delinquency.

According to the chapter 7 of World Youth Report, juvenile delinquency is often

caused by the following:

1. Economic and Social factors – Juvenile delinquency is driven by the negative

consequence of social and economic crises, political instability and the weakening of

major institutions (including the State, systems of education and public assistance, and

the family).

2. Cultural factors – Delinquent behaviour often occurs in social settings which

the norms for acceptable behaviour have broken down.

3. Urbanization – Countries with more urbanized population have higher

registered crime rates than to those with strong rural lifestyles and communities. This

may be attributed to the differences in social control and social cohesion.

4. Family – Dysfunctional family settings—characterized by conflict, inadequate

parental control, weak internal linkages and integration, and premature autonomy—are

closely associated of juvenile delinquency.

5. The media – Young people who watch violence tend to behave more

aggressively or violently, particularly when provoked.

6. Peer Influence – Quite often delinquent groups can counterbalance or

compensate for the imperfections of family and school.4

On the positive note, the above factors that cause juvenile delinquency are also

the key to alleviate and prevent youth from becoming delinquent. Each has functions to
14

fulfil in order to solve the many issues on juvenile delinquency. Structural-functionalism

perspective believes that society is made up of various institutions that work together in

cooperation.5

To do their part, governments of many different countries establish juvenile

justice system that will properly handle those youth who are involved in crimes. Siegel

and Welsh on their book “Juvenile Delinquency: Theory, Practice and Law” offer a

comprehensive explanation on the subject of Juvenile Delinquency. According to them:

The state, through its juvenile authorities, should act in the best interests

of the child. This means that children should not be punished for their misdeeds

but instead should be given the care and custody necessary to remedy and

control wayward behavior. It makes no sense to find children guilty of specific

crimes, such as burglary or petty larceny, because that stigmatizes them and

labels them as thieves or burglars. Instead, the catchall term “juvenile

delinquency” should be used, as it indicates that the child needs the care,

custody, and treatment of the state.6

In the Philippines, juvenile delinquents are legally called Children in Conflict with

the Law. It is inappropriate to call them “delinquents” since it can trigger the development

of consistent negative behavior of the youth. Juvenile justice systems provide clear

understanding that children and youth who commit offenses are not criminals but are

also victims of abuse and neglect.

The United Nations as the pioneer agency that oversees the formulation and

operation of juvenile justice system in its member states have set guidelines for the

prevention of juvenile delinquency called as the Riyadh Guidelines. Approved and

proclaimed in December 14, 1990, one fundamental principle of the guidelines is: The

need for and importance of progressive delinquency prevention policies and the
15

systematic study and the elaboration of measures should be recognized. These should

avoid criminalizing and penalizing a child for behaviour that does not cause serious

damage to the development of the child or harm to others.7

As a member of United Nations and a signatory of several international treaties

pertaining to the protection of child rights and juvenile justice, the Philippines has taken

the step towards the establishment of a comprehensive juvenile justice system through

the passing and approval of Republic Act 9344 or the Juvenile Justice and Welfare Act of

2006. An online news article by Sabangan says that R.A. 9344 envisioned a holistic and

restorative justice approach to addressing the plight of CICLs. 8 The law mandates the

non-criminal treatment of CICL and aims to prevent youth from committing further

offenses in the future. Furthermore, the law prohibits the detention of children in jails.

Likewise, section 6 of RA 9344 sets the minimum age of criminal responsibility

from nine (9) years to above fifteen (15) years and below eighteen (18) years. 9 They are

exempted from criminal liability but are still liable of civil damages. If the child acted with

discernment, s/he shall undergo proper proceedings. Those youth who are 15 years old

and below at the time of commission of offense are also exempted to criminal liability. In

all cases, CICL are subjected to undergo intervention programs.

The law also mandates the formulation of intervention and community-based

programs that will respond to the needs and problems of the children and youth. Local

Government Units are expected to include the expenditures for the intervention

programs of the CICL in their annual budget. The implementation shall be participated by

child-focused institutions, Non-Government Organizations, educational institutions and

government agencies involved in prevention of delinquency.10


16

These intervention and community-based programs are important in the

prevention of delinquency. However, such programs shall be appropriate depending on

the prevalence of youth offenses. They shall be effective and shall accomplished one or

more several objectives of the juvenile justice system such as reducing recidivism,

increasing restitution payment to victims, providing education or job training to offenders

and improving offenders’ work records.11

In October 3, 2013, President Benigno Aquino III signed a bill that amended the

Juvenile Justice and Welfare Act of 2006. According to Navera, Republic Act 10630

mandates the reinvents the temporary housing “Bahay Pag-asa” and mandates the

formation of a multidisciplinary team for the protection of children. Whereas, the old law

(RA 9344), only mandates authorities to send children in conflict with the law to a “Youth

Detention Center” managed by accredited local government units (LGUs) and

nongovernment organizations (NGOs).12 However, the amendment has not been

satisfactory to the huge part of the public. There have been requests to lower the

minimum age of criminal responsibility. Yet, the government believes that such notion will

not be a solution in preventing juvenile delinquency. Effective implementation of the law

is what child-related agencies such as Department of Social Welfare and Development

and Commission on Human believe to be the ideal solution.

To ensure the effective implementation of the law, community participation is

encouraged. As mentioned, each member of the society has its own functions to fulfil in

providing a healthy living environment for its young members. According on the report “A

Voice for the Future of Juvenile Justice in Asia-Pacific” made by the Asia-Pacific Council

for Juvenile Justice or APCJJ, the lack of public support for diversion measures and

alternatives to detention is a common problem in the Asia-Pacific region as in other parts


17

of the world.13 Public participation can be encouraged through conferences, seminars,

symposiums and other activities to stimulate awareness.

Moreover, the fundamental role of mass media in promoting children’s rights and

juvenile justice is essential in the success of implementation of RA 9344. A report about

“South Asia and the Minimum Age of Criminal Responsibility” by the United Nations

Children’s Fund mentioned that media reports and public statements by officials carry

both high visibility and influence over public opinion and can have a tangible impact on

the promotion of children’s rights.14 Therefore, mass media shall be utilized in creating

positive public attitude towards the juvenile justice system.

Anchored on the mentioned concerns pertaining to juvenile delinquency and

juvenile justice, the study “Cyrus at Denver: Dalawang Mukha ng mga Batang Naligaw?

(A Video Documentary on Juvenile Delinquency Cases in Legazpi City)” was an

essential tool in creating awareness to the public regarding the issue. It served as a

medium to communicate the important information the mentioned books, articles and

reports failed to deliver in the wide expanse of the society.

Related Studies

Many researches and studies have been devoted in the subject of juvenile

delinquency. Among those researches and studies, several essential studies are

selected to support the undertakings of the present study.

During the Research Forum sponsored by the Council of Deans and Department

Chairs of Colleges of Arts and Sciences in Region V held at Naga City on July 4, 2014,

Arjay Serrano and Tristan Turiano presented their study titled “IGIN: A Campaign
18

Documentary on Juvenile Delinquency in Iriga City”. The documentary campaign aimed

to increase the awareness of the people of Iriga on the issue of juvenile delinquency. 15

The main objective of the present study was in line with the cited purpose of the

campaign documentary. Moreover, both studies stressed the need of effective

implementation of the Juvenile Justice and Welfare Act.

“IGIN” however, failed to show a case of a child in conflict with the law because

the researchers were not permitted to conduct interview with the CICL. The same

circumstance was encountered by the present researchers however, alternative

measure was provided. The researchers of the video documentary research decided to

include in the study those children who once committed offenses but, were already

released from the custody of the CSWDO.

The study of Dela Cruz titled “Juvenile Justice and Welfare Act (Republic Act

9344) in Makati City: A Critical Analysis” was focused in the implementation of Juvenile

Justice and Welfare Act in the City of Makati. The researcher found out the following

problems encountered by the police respondents: inadequate knowledge of the law of

concerned entities; attitudes of children in conflict with the law, parents or guardians,

police personnel and other social institutions toward the law and the children; and skills

needed by concerned agencies in undertaking the implementation respective of

procedures as provided by the law.16 Those problems was addressed by the present

study by creating awareness of the law to the public through a video documentary.

Similarly, the study of Arroco and Sulit which was “The Implementation of the

Juvenile Justice and Welfare Act as Perceived by the Stakeholders in Legazpi City”

evaluated the implementation of RA 9344 in yet another locale which was Legazpi City.

The researchers of the mentioned study found out that majority of parent respondents
19

perceived that the implementation of the law is less effective and this implies that the

programs given to the CICL are not really efficient to address issues concerning CICL.17

However, the study only made use of the parents, City Social Welfare and

Development officers and Philippine National Police officers as key respondents. Since

the implementation of the law shall involve the Local Government Unit and the

community, they should be included in the study to justify the word “Stakeholders” on the

research title. Additionally, the parent respondents were not clearly identified whether

they represented all the parents in the whole city or only those parents of the CICL.

Different perception can be gained from the two different classifications of the parent

respondents.

On the other hand, the studies of Dela Cruz and Arroco and Sulit, provided a

relevant proof of the existing problems on implementing the law. “Cyrus at Denver:

Dalawang Mukha ng mga Batang Naligaw?” is an ideal tool to encourage an active

implementation of the law in Legazpi City which was deemed ineffective by the study of

Arroco and Sulit.

Moreover, since the law was already been amended and important provisions

have been added, the present study introduced this on the public. Since the new law (RA

10630) aims to strengthen the old law (RA 9344) it shall be achieved through the

initiative of mass media before another study would conduct an evaluation of the

amended law.

The study of Prieto titled “The Conditions of Juvenile Jailed in Legazpi City Jail” 18

was focused in discovering the true conditions of the children in conflict with the law

detained inside the Legazpi City Jail. Prieto presented four youth in the name of White,

age 15 and accused of theft; Toto, age 16 and accused of carnapping; Budong, age 17
20

and accused of rape with homicide and; Lem, age 17 and accused of rape. The study

clearly showed that RA 9344 has been violated by the Legazpi City Jail. The principle of

restorative justice has not been observed.

Therefore, a comprehensive discussion of the law was needed especially on the

matter of putting children in jail. This is what the researchers included in the production

of the video documentary. The study of Prieto is a well-made research on the issue of

detaining minors in adult jails and which served as a good reference for the present

study.

Another study which was essential in the pursuit of the research was the study of

Dia titled “Community-based Dialogues on the Promotion and Protection of Human

Rights in the Philippines: A Critical Review”. It used the same theory as to the present

study. The principles of Structural-functionalism were applied to the aims and objectives

of the project “Community-based Dialogues in the Promotion of Human Rights”. The

project aimed to craft a closer relationship among the members of the security sector

and the community that is united and one in addressing common issues within the

community, particularly in the promotion and protection of human rights.19

The study reviewed a program which promotes and protects human rights while

the current study aimed to create awareness of a law and promote the rights of the

children. Such community-based dialogue is an ideal action to encourage public

participation and create community awareness of the recent trend of juvenile

delinquency and juvenile justice system in the country particularly in Legazpi City.

The study “Common Factors of Juvenile Delinquent Acts” by Bocar, et. Al.

investigated how often factors affect juvenile delinquent acts. It found out that none of

the four factors (environment, family, school and government) pushes the youth always
21

to break the law. The environment is observed as it causes the youth to misbehave often

(frequently). In addition, the family and school occasionally (sometimes) cause the

juvenile to have conflict with law. Furthermore, among the four groups of respondents

only the police officers manifested that other departments or agencies of the government

are never (not at all) factors for the youth to commit criminal acts while the three (3)

other groups of respondents declare that it occasionally (sometimes) encourage the

commission of delinquent acts.20

The study did not only prove that certain factors affect minors to commit offenses

but it also found out how often those factors urge the commission of an offense.

“Juvenile Delinquency Cases in the City of Ilo-ilo: An analysis” by Laru-an 21

identified what type of crime was committed by most children in conflict with the law and

the classification of the CICL as to age, educational attainment and socio-economic

status of parents. This study was related to the present study since it dealt on the same

topic. However, the study of Laru-an had only identified the type of offense committed

dependent on the demographic profile of the minor offenders and the crimes the CICL

committed the most. It was a quantitative research which has been based on the

statistics provided by the DSWD Ilo-ilo.

Likewise, the study of Millena and Mirandilla titled “Juvenile Delinquency

Incidence in Daraga, Albay: 2010-2012” was a quantitative research that found out the

top three (3) recorded offenses and the factors that influences juvenile delinquency in

Daraga, Albay.22 Provided by the Municipal Social Welfare and Development Office,

Millena and Mirandilla found out that from 2010 to 2012, theft, shoplifting and violation of

curfew hours are the top three recorded offenses. Poverty, Irresponsible parenthood and
22

the lack of parental supervision were found out to be the top three factors that influence

minors to commit offenses.

Both studies of Laru-an, and Millena and Mirandilla were related to the current

study but did not cover the implementation of RA 9344 nor its amendment. In addition,

the result of Millena and Mirandilla’s research which identified the factors that influences

juvenile delinquency was somehow confusing. It might have been better if the factor lack

of parental supervision be treated as similar with irresponsible parenthood.

The study by Añonuevo, et. Al. titled “Sordo y Silencio: A Video Documentary of

Deaf and Mute in Albay” produced a video-documentary about the condition of deaf and

mute community in the province.23 Although it focused on a very different topic, it was still

relevant to the current study. The video-documentary also promoted the rights of the

individuals who are deaf and mute in light of the Magna Carta for Persons with

Disabilities or RA 9442. It also pioneered a forum among concerned government

agencies, non-government organizations, PWDs and their family to create awareness.

Similarly, “Sangre: A Video Documentary on the importance of Newborn

Screening Test” by Base et. Al. promoted the rights of infants to medical opportunities

which ensure their healthy development. The study presented the importance of

Newborn Screening Test to the life of every infant.24 The video created awareness to the

community especially the mothers. The researchers of the mentioned study also

conducted a symposium for the maximum dissemination of information.

Both the “Sordo y Silencio” and “Sangre” proved that community awareness of

the important laws and programs approved in the country shall be given emphasis for

effective implementation. Thus, the study “Cyrus at Denver: Dalawang Mukha ng mga

Batang Naligaw? (A Video Documentary on Juvenile Delinquency Cases in Legazpi


23

City)” became an important tool for the promotion of the Juvenile Justice and Welfare Act

as well as the rights of the children in conflict with the law.

Related Film

One film that was used as the basis of this study was the documentary video

made by the online news carrier Rappler titled “Hamog”.25 Published on June 23, 2012,

the video was about “Peter”, not his real name, 19 years old and one of those they call

“batang hamog”. These “batang hamog” are children known by the law as children in

conflict with the law. They are numerous in the streets of Manila and are more involved

on theft, robbery and the like.

Another was the GMA-7 I-Witness episode titled “Anak ng Kalye” 26 aired on

September 9, 2011. Hosted by Kara David, the documentary featured the youth accused

as being involved on robbing a taxi driver on a known highway in Manila which incident

was caught on a CCTV. The group was called “bukas-taxi gang” whose modus is to rob

taxicabs during traffic. The host interviewed “Roy” and “James” (not their real names)

who denied being the minors caught on the CCTV but who confessed that they are

members of the group.

Synthesis of the State-of-the-Art

The different findings offered by the various studies aforementioned were utilized

as one ground for pursuing this research.


24

“IGIN” is a campaign documentary which aimed to increase the awareness of the

people of Iriga on the issue of Juvenile Delinquency. However, it failed to provide a case

of a CICL. Nevertheless, it was the most related study to the present study.

The studies of Dela Cruz and Arroco and Sulit evaluated the implementation of

RA 9344 in two different locales, Makati City and Legazpi City. Different groups of

respondents perceived that the implementation of the law was ineffective. Both studies

evaluated the implementation of RA 9344 which law was already been amended on

October 2013. Republic Act 10630 or the amended Juvenile Justice and Welfare Act was

introduced in the public with the use of the present study in order to create awareness

before another study evaluates the new law in the future.

Prieto conducted a study of the cases of four youth detained in the Legazpi City

Jail. It also provided details on the programs formulated by the Bureau of Jail

Management and Penology for the youth detainees.

The study of Dia was focused in the review of the Community-based Dialogue on

the promotion and Protection of Human Rights initiated by the Philippine National Police.

It utilized the Structural-functionalism perspective which the present study also used.

Bocar, et. Al. conducted a study which identified how often environment, school,

family and the government affect the delinquent acts. Since the mentioned factors can

affect juvenile delinquent acts, they should however create a positive effect which may

alleviate delinquency.

Laru-an and, Millena and Mirandilla conducted studies which focused on the

juvenile delinquency cases in two different locales, Ilo-ilo City and Daraga, Albay. Both

studies depended on the statistical data provided by the local Social Welfare and

Development of each mentioned place. Although related on the current study, the
25

studies did not cover the implementation of RA 9344 nor the intervention programs of

their respective communities and the needs of the CICL.

Finally, “Sordo y Silencio” and “Sangre” are two studies which were conducted by

Añonuevo et. Al. and Base et. Al. The two studies both produced video documentaries

that upholds the rights of the deaf and mute and the infants. The researchers of the

mentioned studies conducted a forum and a symposium to further implant awareness

among the public of the importance of Magna Carta for PWDs and the Newborn

Screening Test. Although both studies covered two different topics, they were still helpful

to the current study since they all aimed to create awareness of the relevant issues in

the Albayano society in the present which was the same goal of the present study.

Every study aforementioned was essential for the undertaking of present study

because they supported the objectives of the current study.

Gap to be bridged by the Study

Apparently, there have been a lot of studies conducted that identifies the causes

of juvenile delinquency, the trend of juvenile delinquency cases and the implementation

of RA 9344 in some places in the Philippines. However, it is rare to find a study which

aims to produce a video documentary that will discuss the topic in an educational

manner. “IGIN” and the present study are two of those.

IGIN was focused on the situation in Iriga and had only presented interviews of

individuals knowledgeable of juvenile delinquency. It failed to mention the situation of

children who were detained behind bars or a case of a child in conflict with the law. It

simply presented the statistics, the programs of Women and Children Protection Desk
26

and Millennium Development Goals’ Family Based-Actions for Children and their

Environments, and discussed the Juvenile Justice and Welfare Act.

The present study on the other hand included the information the former video

documentary failed to include. It presented interviews of two youth who were once

involved in different offenses. Yet, the identities of the youth were carefully hidden from

the public. This was important in order for the current study to make people aware that

these children shall not be treated as criminals but as children who are neglected of

healthy living environment.

No study that critically analyses an intervention, diversion, rehabilitation or a

community-based program was found by the researchers. If there are any, it must be

few. In this study, the intervention and diversion programs of the LGU Legazpi, CSWDO

and PNP-WCPD were included. It was necessary so that the people could see that the

needs of CICL were met.

The present study did not only depend on the statistics but it also dealt with the

matter in a descriptive manner. Unlike the other studies which analyzed the different

aspect of juvenile delinquency in the country, “Cyrus at Denver: Dalawang Mukha ng

mga Batang Naligaw? (A Video Documentary on Juvenile Delinquency Cases in Legazpi

City)” created awareness of the important information related in the topic.

These are the gap that the study been able to bridge.

Thesis Statement

“Cyrus at Denver: Dalawang Mukha ng mga Batang Naligaw? (A Video

Documentary on Juvenile Delinquency Cases in Legazpi City)” stated that children in


27

conflict with the law in Legazpi City are not criminals but, are neglected young members

of the society whose rights shall also be observed and whose needs shall be met.

Theoretical Framework

The current study was anchored on three theories namely the Behaviourism of

J.B. Watson, Diffusion of Information Communication Theory of E.M. Rogers and the

Structural-Functionalism Perspective of Talcott Parsons.

Watson’s theory is a Psychological theory which assumes that behavior is

observable and can be correlated with other observable events. Thus, there are events

that precede and follow behavior. Behaviorism's goal is to explain relationships between

antecedent conditions (stimuli), behavior (responses), and consequences (reward,

punishment, or neutral effect). 27

Applying this theory to the present study, the stimuli are the factors that cause or

trigger juvenile delinquency. Committing an offense would be the youth’s response to

these stimuli and a consequence will then follow. They would either be caught by the

authorities or they would not. And they would either become recidivist or not.

Diffusion of Information Theory on the other hand is a communication theory. It is

a source-dominated theory which is concerned with the spread of ideas originating from

the sources to ultimate users. The theory is also called Innovation Diffusion Theory

which is used to explain how technological advances reach the awareness of the people.

Since it has also been used applicably to explain communication phenomena, it was

utilized by the present study.


28

There are series of stages before information or an innovation will be widely

adopted:

First, most people will become aware of the information, often through mass

media.

Second, the information or innovations will be adopted by a very small group of

innovators or early adopters.

Third, opinion leaders learn from the early adopters and try the

information/innovation themselves.

Fourth, if opinion leaders find the innovation useful, they encourage their friends

—the opinion followers.

Finally, after most people have adopted the information/innovation, a group of

laggards or late adopters make the change.28

Diffusion of Information treats mass media as a means to create awareness and

draw attention as a basis for group discussion. In this study, the present study served as

the mass media which created awareness of juvenile delinquency and crime and the

juvenile justice and welfare system to the Legazpeños. The duty-bearers and other

members of the different sectors of the community shall be the early adopters and the

opinion leaders who will encourage the active implementation of RA 9344 as amended

by RA 10630 in their respective agencies and community.

To support the importance of this present study, the researchers emphasized the

principles of Structural-Functionalism Perspective. The theory looks at society as a

system of interrelated parts. It assumes that the majority of society shares the same core
29

values and appropriate forms of behaviour. It looks at how persistent patterns of

behaviour or social structures function to implement society’s values.29

As part of the society, the researchers have both the capability and the function

to deliver information essential in strengthening the society’s values. This became

effective not only through the production of video-documentary but with the help of the

important people in the society. Each has functions to do for the attainment of its primary

goals.

Presented on the next page is the theoretical paradigm


30

Diffusion of Information Communication Theory

Behaviourism Theory

Antecedent Conditions Behaviour Consequences


(Stimuli) (Response) (Reward, Punishment,
Neutral Effect)

Information

Mass Media

Early Adopters

Structural-
Societ
Functional
y
ism
Opinion Leaders
Perspectiv
e

Opinion Followers

Laggards

Figure 1. Theoretical Paradigm


31

Production Framework

The study titled “Cyrus at Denver: Dalawang Mukha ng mga Batang Naligaw? (A

Video Documentary on Juvenile Delinquency Cases in Legazpi City)” aimed to produce

video documentary which created awareness to the public of the causes of juvenile

delinquency and crime, common cases which involve minor offenders, the intervention

and diversion programs of the agencies concerned and the juvenile justice and welfare

system in the country.

The intervention programs of the Local Government Unit, the City Social Welfare

and Development Office and the Philippine National Police Women and Children

Protection Desk was also discussed since it is essential to know that there are existing

programs that aid the CICL in custody. Similarly, to present real life stories of CICL was

important in producing the documentary so that they would be addressed.

Since video documentaries aims not only to provide information from authorities

but also to portray the real situation of a certain issue, the researchers believed it was

necessary to include a case of a child in conflict with the law. Two former children in

conflict with the law who were already released by the CSWDO to their guardians were

interviewed with the guardians’ consent. No child in the custody of CSWDO was

interviewed since it is not allowed by the law itself. Neither the sole minor detained in the

City Jail was allowed by the BJMP V to be interviewed.


32

Information Mass Media Early Adopters


 Factors that cause or trigger
minors to commit offense
 CSWDO
against the law Cyrus at Denver: Dalawang
 PNP-WCPD
 Common cases involving  LGU
Mukha ng mga Batang
minor offenders  CHR
 Intervention and diversion  Other members of
Naligaw? (A Video
programs the community
 Juvenile Justice and Welfare Documentary on Juvenile
Act Delinquency Cases in

Legazpi City)

Figure 2. Production Paradigm


33

Definition of Terms

For a clearer understanding of the study, the following terms have been

conceptually and operationally defined, to wit:

a.) Conceptual Definition

Child/Youth – refers to a person under the age of eighteen (18) years.30

Children At Risk - refers to a child who is vulnerable to and at the risk of

committing criminal offenses because of personal, family and social circumstances. 31

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.32

Community-based programs – refers to the programs provided in a community

setting developed for purposes of intervention and diversion, as well as rehabilitation of

the child in conflict with the law, for reintegration into his/her family and/or community.33

Intervention programs – refers to a series of activities which are designed to

address issues that caused the child to commit an offense. It may take the form of an

individualized treatment program which may include counselling, skills training,

education, and other activities that will enhance his/her psychological, emotional and

psycho-social well-being.34

Juvenile Delinquency – refers to the criminal act committed by minors35

Juvenile Justice and Welfare Act of 2006 – is a Philippine law which

establishes a comprehensive juvenile justice system in the country. It was amended in

October, 2013.
34

Juvenile Justice System – is a special part of the larger justice system that

deals with matters related to juveniles and has its own set of laws and procedures that

govern how juveniles are treated.36

Minimum Age of Criminal Responsibility – is the lowest statutory age at which

children may potentially be held criminally liable for infringements of the penal law in a

given country.37

Restorative Justice – refers to a principle which requires a process of resolving

conflicts with the maximum involvement of the victim, the offender and the community. It

seeks to obtain reparation for the victim; reconciliation of the offender, the offended and

the community; and reassurance to the offender that he/she can be reintegrated into

society. It also enhances public safety by activating the offender, the victim and the

community in prevention strategies.38

b.) Operational Definition

Children/Youth’s rights – referred to the rights of the children and youth to fair

justice system.

Child-related NGOs – are Non-Government organizations which are focused on

promoting the rights of children and youth.

Concerned agencies – are the government agencies which are part of the

Juvenile Justice and Welfare Act implementing body.

Detention – referred both to putting children in jail and taking CICL in the

custody of Department of Social Welfare and Development.


35

Duty-bearers – referred to the government agencies who are responsible to

delinquency prevention and are identified members of the Juvenile Justice and Welfare

Council.

Juvenile delinquency cases – referred generally to the trend of recorder CICL

cases in Legazpi, the needs and rights of the CICL and the implementation of the law.

Needs of CICL – referred to the physical, psychological and emotional needs of

the CICL which includes but is not limited to proper education, rehabilitation and support

of family.

Offenses committed by minors – referred both to status offense and the

offenses punishable by penal law.


36

NOTES

1
Robert C. Trojanowicz, Merry Morash. Juvenile Delinquency: Concepts and

Control, 5th edition. Prentice Hall, Eaglewood Cliffs, New Jersey, 1992. p. 3.

2
Robert C. Trojanowicz, Merry Morash. Juvenile Delinquency: Concepts and

Control, 5th edition. Prentice Hall, Eaglewood Cliffs, New Jersey, 1992. p. 3.

3
Wilfredo R. San Juan, Ma. Luz J. Centeno. General Sociology (with

Anthropology and Family Planning). Mandaluyong City: Books Atbp. Publishing Corp.,

2011.p.195-196.

4
“Juvenile Delinquency”. World Youth Report, 2003. p.193-197. <Retrieved:

August 13, 2014>

5
Violeta A. Vega, Nelia G. Prieto, Myrna L. Carreon. Social Dimension of

Education. Quezon City: Lorimar Publishing Co. Inc., 2006.p.45.

6
Larry J. Siegel, Brandon C. Welsh. Juvenile Delinquency: Theory, Practice and

Law, 11th edition. Wadsworth, Cengage Learning, 2012.p.19-20 <Retrieved: August 24,

2014>

7
The United Nations Guidelines for Juvenile Delinquency Prevention (Riyadh

Guidelines) <Retrieved: August 9, 2014>

8
Annie Ruth Sabangan. “Children in Crime: Cracks in the Country’s Juvenile

Justice System”. http://www.interaksyon.com/article/14780/children-in-crime-cracks-in-

the-countrys-juvenile-justice-system <Retrieved: August 17, 2014>

9
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

<Retrieved: July 18, 2014>


37

10
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

<Retrieved: July 18, 2014>

11
Robert C. Trojanowicz, Merry Morash. Juvenile Delinquency: Concepts and

Control, 5th edition. Prentice Hall, Eaglewood Cliffs, New Jersey, 1992.

12
Liz Navera. “PNoy signs law on youth crime” http://www.legazpitoday.com/top-

stories/585-pnoy-signs-law-on-youth-crime <Retrieved: July 18, 2014>

13
A Voice for the Future of Juvenile Justice in Asia-Pacific <Retrieved: August 13,

2014>

14
South Asia and the Minimum Age of Criminal Responsibility <Retrieved: August

13, 2014>

15
Arjay Serrano, Tristan Turiano. IGIN: A Campaign Documentary on Juvenile

Delinquency in Iriga City. (2013). Research Forum, July 4, 2014 at Naga Regent Hotel

16
Alfredo dela Cruz. Juvenile Justice and Welfare Act (Republic Act 9344) in

Makati City: A Critical Analysis. (2010)

17
Mark Kevin A. Arroco, Jilmar M. Sulit. The Implementation of the Juvenile

Justice and Welfare Act as Perceived by the Stakeholders in Legazpi City. (2010)

18
Daryl Vincent B. Prieto. The Conditions of Juveniles Jailed in Legazpi City Jail.

(2008)

19
Gerardo G. Dia. Community-based Dialogues on the Promotion and Protection

of Human Rights in the Philippines: A Critical Review. (December, 2011)

20
Dr. Anna C. Bocar, et. Al. Common Factors of Juvenile Delinquency Acts.

(2013)
38

21
Nelson G. Laru-an. Juvenile Delinquency Cases in the City of Iloilo: An

Analysis. (2010)

22
Jessa L. Millena, Ana Marie L. Mirandilla. Juvenile Delinquency Incidence in

Daraga, Albay: 2010-2012. (March, 2014)

23
Eric Añonuevo, et. Al. Sordo y Silencio: A Video Documentary of Deaf and Mute

in Albay. (March, 2014)

24
Vernice Jane E. Base, et. Al. Sangre: A Video Documentary on the Importance

of Newborn Screening Test. (March, 2013)

25
“Hamog: A Rappler Documentary” http://www.youtube.com/watch?v=

KnNWGZZXofs <Retrieved : August 13, 2014>

26
“Batang Kalye” I-Witness September 9, 2011 episode

27
John B. Watson (1878 to 1958) Behaviorism http://www.lifecircles-

inc.com/Learningtheories/behaviorism/Watson.html. <Retrieved: October 18, 2014>

28
Thomson, Wadsworth. Mass Communication Theory: Foundations, Ferment

and Future, 4th edition. 2006.p.173-174

29
Gerardo G. Dia. Community-based Dialogues on the Promotion and Protection

of Human Rights in the Philippines: A Critical Review. (December, 2011)

30
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

<Retrieved: July 18, 2014>

31
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

<Retrieved: July 18, 2014>


39

32
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

<Retrieved: July 18, 2014>

33
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

<Retrieved: July 18, 2014>

34
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

<Retrieved: July 18, 2014>

35
Larry J. Siegel, Brandon C. Welsh. Juvenile Delinquency: Theory, Practice and

Law, 11th edition. Wadsworth, Cengage Learning, 2012. <Retrieved: August 24, 2014>

36
Robert C. Trojanowicz, Merry Morash. Juvenile Delinquency: Concepts and

Control, 5th edition. Prentice Hall, Eaglewood Cliffs, New Jersey, 1992.

37
South Asia and the Minimum Age of Criminal Responsibility <Retrieved: August

13, 2014>

38
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

<Retrieved: July 18, 2014>


40

CHAPTER 3

Research Design and Methodology

Research Design

The study titled “Cyrus at Denver: Dalawang Mukha ng mga Batang Naligaw? (A

Video Documentary on Juvenile Delinquency Cases in Legazpi City)” was a qualitative

research that was presented in a production form of a 25-minute video documentary. It

discussed the factors that cause or trigger minors to commit offenses against the law.

The documentary also showed the common cases that involve minor offenders. It also

briefly discussed the juvenile justice and welfare system in the country specifically the

RA 9344 and the intervention and diversion programs of the government for the CICL.

Problems on the implementation of RA 9344 were also identified and mentioned. It

featured two youth who once committed offenses to provide a real account of their life as

children in conflict with the law.

For the researchers to meet their objectives, the researchers interviewed duty-

bearers from the City Social Welfare and Development Office, Philippine National Police

Women and Children Protection Desk, Local Government Unit, Commission on Human

Rights Region V, a psychologist and two CICL who were already released to the custody

of their guardians.

Methodology

The present study utilized the phenomenological ethnovideography method of

study.
41

The goal of qualitative phenomenological research is to describe a "lived

experience" of a phenomenon.1 Data are gathered differently from a quantitative type of

research. Conducting interview is one way to gather data needed in phenomenological

method of research.

Ethnovideography on the other hand is defined as the study and analysis of

groups or group representatives using small-format video documentation techniques. It

is a research procedure that makes use of small-format video-recorded, non-

alphanumeric data for social analysis.2 This method entails the documentation of people,

places, events, processes and social problems without being scripted.

Juvenile delinquency and crime is a phenomenon which has been present in the

society even before an established concept of what juvenile delinquency was made.

Using the two method of research, the current study presented the main concerns on

juvenile delinquency and crime and juvenile justice and welfare system in the city of

Legazpi through a video documentary.

Key Informants

For this study, several individuals provided substantial information regarding

juvenile delinquency and crime, and juvenile justice and welfare system in the city of

Legazpi through interviews.

The researchers interviewed Mayor Noel E. Rosal to give facts on the

implementation of the said law in Legazpi. Police Senior Inspector Roseleen P. Vazquez,

chief officer of Women and Children Protection Desk in Philippine National Police

Legazpi asked on an interview to give details on the actions they take regarding the
42

issue of juvenile delinquency and crime. Mrs. Cecilia E. Arcilla of the City Social Welfare

and Development was interviewed regarding the same concern as well as the agency’s

programs that are created for the children in conflict with the law.

Dr. Rudya A. Roallos, a Psychology professor of BU College of Social Sciences

and Philosophy was interviewed to discuss why minors commit offenses against the law.

Both the City Jail and the CSWDO refused to give the researchers permission to

interview CICL who are in their custodies. Thus, the researchers looked for children who

once have committed offenses but were already released to their guardians. The

researchers were able to find two youth whose identity were carefully hidden for

confidentiality.

“Cyrus” and “Denver”, the two youth featured in this video documentary was

chosen to represent the children in conflict with the law in Legazpi City. They were

chosen based not only on the offenses they committed but also on how they chose to

change.

The other informants for this present study were chosen depending not only on

their position in their agencies but, most importantly on their expertise and their

knowledge of the implementation of the amended RA 9344, the trend of juvenile

delinquency and crime in the city and handling of CICL cases.

Research Instrument

In the pursuit of essential data for this study, interviews with reliable individuals

who are knowledgeable of the topic were conducted. An interview guide was handed out

before the interview. It is attached as Appendix C. The interview guide was checked first
43

by the content adviser and was subjected first to the interviewee’s approval before the

conduct of interview.

Research Process

Pre-Production

The conceptualization of the topic was made by the researchers through

brainstorming in this preparation stage which would culminate in the study “Cyrus at

Denver: Dalawang Mukha ng mga Batang Naligaw? (A Video Documentary on Juvenile

Delinquency Cases in Legazpi City)” considering that one of the serious problems in the

society for the long time has been the issue of children/youth committing offenses

against the law. Prior to the proposal defense, the researchers already conducted

weekly meetings, research and brainstorming at available places during the month of

August to September.

The distribution of tasks to each member was also done in this particular stage.

Each member of the group was assigned to their respective tasks and roles to perform in

order to achieve quality standards relevant to the objectives. The list of team members

and their designated tasks is attached as Appendix F. The content and technical

advisers assigned are the one to guide the researchers in conducting the study and in

improving the research. The script written by the writer, the estimated budgetary

requirement prepared by the account manager, and the research and production

schedule which was prepared by the production manager were all checked by the two

advisers. The mentioned documents are also attached as Appendix A, D and E.


44

After the panel approved the proposal to conduct this study, the researchers then

started asking permission from different concerned government and non-government

organizations to conduct documented interviews. The letters were disseminated and

were signed for approval. The schedules for the interview were arranged by the

researchers based on the informant’s available time. A list of guide questions was

attached on each letter so that the respondents would be aware of the focus of the

interview.

Production

This is a significant stage where gathered data are converted to AVP material.

The filming is a highly technical stage. On this production, the production team used

DSLR cameras, tripods, cellphone sound recorder and SD cards.

Several problems were encountered by the researchers during the production

stage. First was the vulnerability of the interview locations to noise. The production team

used a cellphone recorder to record the discussion of the interviewee but, like in the

case of the interview with Mayor Rosal, PSInsp Vazquez “Denver” and his father, there

was a noticeable amount of noise in the background.

Busy schedule and the unwillingness to be interviewed on-cam were two other

problems the researchers encountered with the supposed interviewees. Yet, fortunately,

the production team managed to find replacement for those who denied the request.

The present study dealt with a societal issue which if treated lightly would result

to shallow understanding of the real situation. The researchers knew this. That was why

the team was very careful especially with talking with the two youth. The interviewer tried

to take the interview in favor of the children without letting the truth of their stories to fall
45

away. Their identities were carefully hidden by using extreme close up shot on filming

their hands and lips as they talked.

Each members of the production team learned things from the experience of

working a documentary film especially one which concerns the most important yet often

neglected members of the society. The most essential lesson was: there are many good

things in the country’s legislation yet, it is only through its people’s utmost effort that

those good things would come in handy.

Post Production

The finishing touches were done on this stage. It includes editing, musical

scoring and finalization. All the recorded footages were screened and selected. The

production team used Adobe Premiere Pro for video editing.

The faults observed on the lighting and sound during the production stage was

corrected by the editor as much as it was possible. The background music used was

downloaded from a site that offers royalty free music.

Rather than continuity editing which is used on fictional film, evidentiary editing

was used for this documentary. In this type of editing, places, people, objects and voices

are brought forward according to a precise rhetorical construction, whose aim is to

organize the logic of the argument.3

The editor made the preliminary and final editing of the documentary which was

supervised by the director to achieve the ideal flow of presentation. After the preliminary

editing, the rough cut was checked by the advisers; comments and recommendations

were accepted.
46

The original title of the study was supposed to be “JOVENES: A Video

Documentary on Juvenile Delinquency Cases in Legazpi City”. However, due to the

suggestion of the chairman of the panel, the title was changed into “Cyrus at Denver:

Dalawang Mukha ng mga Batang Naligaw? (A Video Documentary on Juvenile

Delinquency Cases in Legazpi City)” during the final oral examination. It was to suit the

flow of the story of the video which highlights the story of Cyrus and Denver (not their

real name), two former children involved in committing offenses.


47

NOTES

1
Dr. Janet Waters. “Phenomenological Research Guidelines”.

http://www.capilanou.ca/psychology/student-resources/research-

guidelines/Phenomenological-Research-Guidelines/ <Retrieved: September 17, 2014>

2 “
Ethnovideography as Research Methodology”.

https://www.academia.edu/1113719/Ethnovideography_as_Research_Methodology

<Retrieved: September 17, 2014>

3
Roberta Sapino. “What is a Documentary Film: Discussion of the Genre”. p.10

<Retrieved: September 8, 2014>


48

BIBLIOGRAPHIES

Books

San Juan, Wilfredo R., Centeno, Ma. Luz J. General Sociology (with Anthropology and

Family Planning). Mandaluyong City: Books Atbp. Publishing Corp., 2011

Trojanowicz, Robert C., Merry Morash. Juvenile Delinquency: Concepts and Control,

5th edition. Prentice Hall, Eaglewood Cliffs, New Jersey, 1992

Vega, Violeta A., Prieto, Nelia, G., Carreon, Myrna L., Social Dimension of Education.

Quezon City: Lorimar Publishing Co. Inc., 2006

Wadsworth, Thompson, Mass Communication Theory: Foundations, Ferment and

Future, 4th edition. 2006

Thesis and Dissertation

Añonuevo, Eric, et. Al., “Sordo y Silencio: A Video Documentary of Deaf and Mute in

Albay”. (March, 2014)

Arroco, Mark Kevin A., Sulit, Jilmar M., “The Implementation of Juvenile Justice and

Welfare Act as Perceived by the Stakeholders in Legazpi City”. (2010)

Base, Vernice Jane E., et. Al., “Sangre: A Video Documentary on the Importance of

Newborn Screening Test”. (March, 2013)

Bocar, Anna C., et. Al., “Common Factors of Juvenile Delinquency Acts”. (2013)

Dela Cruz, Alfredo, “Juvenile Justice and Welfare Act (Republic Act 9344) in Makati City:
49

A Critical Analysis”. (2010)

Dia, Gerardo G.,”Community-based Dialogues on the Promotion and Protection of

Human Rights in the Philippines: A Critical Review”. (December, 2011)

Laru-an, Nelson G., “Juvenile Delinquency Cases in the City of Iloilo: An Analysis”.

(2010)

Millena, Jessa L., Mirandilla, Ana Marie L., “Juvenile Delinquency Incidence in Daraga,

Albay: 2010-2012”. (March, 2014)

Prieto, Daryl Vincent B., “The Conditions of Juveniles Jailed in Legazpi City Jail”, (2008)

Serrano, Arjay, Turiano, Tristan, “IGIN: A Campaign Documentary on Juvenile

Delinquency in Iriga City”. (2013)

Websites

A Voice for the Future of Juvenile Justice in Asia-Pacific <August 13, 2014>

Dolan, Sabine, “Philippines Senate action builds hope for children in jail”.

http://www.unicef.org/protection/philippines_30525.html <August 6, 2014>

“Ethnovideography as Research Methodology”

https://www.academia.edu/1113719/Ethnovideography_as_Research_Methodolo

gy <Retrieved: September 17, 2014>

Juvenile Delinquency, World Youth Report, 2003, <August 13, 2014>


50

Navera, Liz, “PNoy signs law on youth crime”,

http://www.legazpitoday.com/top-

stories/585-pnoy-signs-law-on-youth-crime <July 18, 2014>

“Hamog: A Rappler Documentary” http://www.youtube.com/watch?v= KnNWGZZXofs

<Retrieved : August 13, 2014>

RA 9344, www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html <July 18, 2014>

Rhodina Villanueva. “CHR bucks proposal to lower minimum age of criminal

responsibility”. http://www.philstar.com/headlines/2014/09/17/1369968/chr-bucks-

proposal-lower-minimum-age-criminal-responsibility <Retrieved: February 7,

2015>

Sabangan, Annie Ruth, “Children in Crime: Cracks in the Country’s Juvenile Justice

System”

http://www.interaksyon.com/article/14780/children-in-crime-cracks-in-

the-countrys- juvenile-justice-system < August 17, 2014>

Sapino, Roberta, “What is a Documentary Film: Discussion of the Genre”, <September

8,

2014>

Siegel, Larry J., Welsh, Brandon C.,”Juvenile Delinquency: Theory, Practice and Law,

11th edition. Wadsworth, Cengage Learning”, 2012 <August 24, 2014>

“South Asia and the Minimum Age of Criminal Responsibility” < August 13, 2014>
51

Waters, Janet, “Phenomenological Research Guidelines”.

http://www.capilanou.ca/psychology/student-resources/researchguidelines/

Phenomenological-Research-Guidelines/ <September 17, 2014>

“The United Nations Guidelines for Juvenile Delinquency Prevention (Riyadh

Guidelines)”

<August 9, 2014>

Ces Oreña-Drilon. “Glyzelle: Naging boses ng mga youth offenders” TV Patrol News

Report <January 20, 2015>


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