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
Legazpi City based on the 2011-2013 report of the City Social Welfare and Development
Protection Desk, on the year 2013, there were 149 recorded cases which rose to 222 on
Statistics is not the only problem though. There are other issues being discussed
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
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
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
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.
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,
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
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
the real status of juvenile delinquency in the country specifically in the city of 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
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.
Copies of the video output of this study were distributed to the government
RA 9344. The information should help the concerned government agencies and the local
Objectives
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
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.
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
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
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
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.
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
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
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.
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
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
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
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
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
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
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
output of this study could be used by the students specializing in sociology, social work
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
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”.
3
Annie Ruth Sabangan. “Children in Crime: Cracks in the Country’s Juvenile
4
Ces Oreña-Drilon. “Glyzelle: Naging boses ng mga youth offenders” TV Patrol
5
Rhodina Villanueva. “CHR bucks proposal to lower minimum age of criminal
responsibility”. http://www.philstar.com/headlines/2014/09/17/1369968/chr-bucks-
6
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
CHAPTER 2
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
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
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
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.
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).
registered crime rates than to those with strong rural lifestyles and communities. This
parental control, weak internal linkages and integration, and premature autonomy—are
5. The media – Young people who watch violence tend to behave more
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
perspective believes that society is made up of various institutions that work together in
cooperation.5
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
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
crimes, such as burglary or petty larceny, because that stigmatizes them and
delinquency” should be used, as it indicates that the child needs the care,
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
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
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
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.
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
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
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,
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
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
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
Moreover, the fundamental role of mass media in promoting children’s rights and
“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
juvenile justice, the study “Cyrus at Denver: Dalawang Mukha ng mga Batang Naligaw?
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
Related Studies
Many researches and studies have been devoted in the subject of juvenile
delinquency. Among those researches and studies, several essential studies are
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
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
“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
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
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
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
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:
implementation of the law in Legazpi City which was deemed ineffective by the study of
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
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
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
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
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
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)
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.
identified what type of crime was committed by most children in conflict with the law and
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
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
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
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
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
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
City)” became an important tool for the promotion of the Juvenile Justice and Welfare Act
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
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
The different findings offered by the various studies aforementioned were utilized
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
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
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
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
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
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
IGIN was focused on the situation in Iriga and had only presented interviews 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
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
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
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
These are the gap that the study been able to bridge.
Thesis Statement
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
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
Applying this theory to the present study, the stimuli are the factors that cause or
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.
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
adopted:
First, most people will become aware of the information, often through mass
media.
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
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
To support the importance of this present study, the researchers emphasized the
system of interrelated parts. It assumes that the majority of society shares the same core
29
As part of the society, the researchers have both the capability and the function
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.
Behaviourism Theory
Information
Mass Media
Early Adopters
Structural-
Societ
Functional
y
ism
Opinion Leaders
Perspectiv
e
Opinion Followers
Laggards
Production Framework
The study titled “Cyrus at Denver: Dalawang Mukha ng mga Batang Naligaw? (A
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
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
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
Legazpi City)
Definition of Terms
For a clearer understanding of the study, the following terms have been
Children In Conflict with the Law – refers to a child who is alleged as, accused
the child in conflict with the law, for reintegration into his/her family and/or community.33
address issues that caused the child to commit an offense. It may take the form of an
education, and other activities that will enhance his/her psychological, emotional and
psycho-social well-being.34
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
children may potentially be held criminally liable for infringements of the penal law in a
given country.37
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
Children/Youth’s rights – referred to the rights of the children and youth to fair
justice system.
Concerned agencies – are the government agencies which are part of the
Detention – referred both to putting children in jail and taking CICL in the
delinquency prevention and are identified members of the Juvenile Justice and Welfare
Council.
cases in Legazpi, the needs and rights of the CICL and the implementation of the law.
the CICL which includes but is not limited to proper education, rehabilitation and support
of family.
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:
5
Violeta A. Vega, Nelia G. Prieto, Myrna L. Carreon. Social Dimension of
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
8
Annie Ruth Sabangan. “Children in Crime: Cracks in the Country’s Juvenile
9
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
10
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
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-
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
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
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
23
Eric Añonuevo, et. Al. Sordo y Silencio: A Video Documentary of Deaf and Mute
24
Vernice Jane E. Base, et. Al. Sangre: A Video Documentary on the Importance
25
“Hamog: A Rappler Documentary” http://www.youtube.com/watch?v=
26
“Batang Kalye” I-Witness September 9, 2011 episode
27
John B. Watson (1878 to 1958) Behaviorism http://www.lifecircles-
28
Thomson, Wadsworth. Mass Communication Theory: Foundations, Ferment
29
Gerardo G. Dia. Community-based Dialogues on the Promotion and Protection
30
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
31
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
32
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
33
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
34
RA 9344 www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
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
CHAPTER 3
Research Design
The study titled “Cyrus at Denver: Dalawang Mukha ng mga Batang Naligaw? (A
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.
featured two youth who once committed offenses to provide a real account of their life as
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
study.
41
method of research.
alphanumeric data for social analysis.2 This method entails the documentation of people,
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
Key Informants
juvenile delinquency and crime, and juvenile justice and welfare system in the city of
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.
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
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
brainstorming in this preparation stage which would culminate in the study “Cyrus at
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
After the panel approved the proposal to conduct this study, the researchers then
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
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
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
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
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
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
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
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
suggestion of the chairman of the panel, the title was changed into “Cyrus at Denver:
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
NOTES
1
Dr. Janet Waters. “Phenomenological Research Guidelines”.
http://www.capilanou.ca/psychology/student-resources/research-
2 “
Ethnovideography as Research Methodology”.
https://www.academia.edu/1113719/Ethnovideography_as_Research_Methodology
3
Roberta Sapino. “What is a Documentary Film: Discussion of the Genre”. p.10
BIBLIOGRAPHIES
Books
San Juan, Wilfredo R., Centeno, Ma. Luz J. General Sociology (with Anthropology and
Trojanowicz, Robert C., Merry Morash. Juvenile Delinquency: Concepts and Control,
Vega, Violeta A., Prieto, Nelia, G., Carreon, Myrna L., Social Dimension of Education.
Añonuevo, Eric, et. Al., “Sordo y Silencio: A Video Documentary of Deaf and Mute in
Arroco, Mark Kevin A., Sulit, Jilmar M., “The Implementation of Juvenile Justice and
Base, Vernice Jane E., et. Al., “Sangre: A Video Documentary on the Importance of
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
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,
Prieto, Daryl Vincent B., “The Conditions of Juveniles Jailed in Legazpi City Jail”, (2008)
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”.
https://www.academia.edu/1113719/Ethnovideography_as_Research_Methodolo
http://www.legazpitoday.com/top-
responsibility”. http://www.philstar.com/headlines/2014/09/17/1369968/chr-bucks-
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-
8,
2014>
Siegel, Larry J., Welsh, Brandon C.,”Juvenile Delinquency: Theory, Practice and Law,
“South Asia and the Minimum Age of Criminal Responsibility” < August 13, 2014>
51
http://www.capilanou.ca/psychology/student-resources/researchguidelines/
Guidelines)”
<August 9, 2014>
Ces Oreña-Drilon. “Glyzelle: Naging boses ng mga youth offenders” TV Patrol News