Behind The Mask Experiences of CICL

BEHIND THE MASK: EXPERIENCES OF CHILDREN IN CONFLICT WITH THE LAW FROM RURAL AND NON-MAJOR URBAN AREAS
BEHIND THE MASK:

EXPERIENCES of CHILDREN CONFLICT in CONFLIC T with the LAW from RURAL LAW from RURAL and NON-MAJOR AREAS NON-MA JOR URBAN ARE AS
Plan Philippines
2006 2006
2006 Plan Philippines

ALL RIGHTS RESERVED
No part of this work may be reproduced, copied, or transmitted in any form for commercial purposes. Parts may be quoted for research, education, and similar purposes provided proper citation is made. ISBN 1 902280 34 2
Published by Plan Philippines

7th Floor Salustiana D Ty Tower, 104 Paseo de Roxas, Legaspi Village, Makati City Philippines TEL NO (632) 8173871 FAX NO (632) 8403940 Plan is an international, humanitarian, child-centered development organization without religious, political, or governmental affiliation. Founded in Spain in 1937, it grew to become one of todays biggest international NGOs working in 48 developing countries in the regions of Africa, Asia, South and Central America, and the Caribbean. Its financial resources come from the generous support of individuals, groups, and institutions from 16 developed nations. Child sponsorship is the basic foundation of Plan. The Psychosocial Support and Childrens Rights Resource Center (PST CRRC) is a non-government organization that engages in research, training, and publication on childhoods, childrens rights, child protection, and psychosocial support. PST CRRC also engages in monitoring and evaluating child-focused programs and projects and responds to psychosocial needs resulting from armed conflict and disasters. PST CRRC can be found at Room 312 Philippine Social Science Center Commonwealth Avenue, Diliman Quezon City 1 101 Philippines and can be contacted through telefax number (632) 9278446 or by email at pstcrrc@gmail.com. We encourage you to visit www.pstcrrc.org for more information. Arnie C. Trinidad, Anne Adelaine S. Manzano, and Marco Paa Puzon WRITER AND BOOK PROJECT COORDINATOR Arnie C. Trinidad RESEARCH PROJECT COORDINATOR Agnes Zenaida V. Camacho EDITOR Michelle G. Ong COVER ART Jason Moss INSIDE ART WORK Aldy C. Aguirre LAYOUT ARTIST Ariel G. Manuel
AUTHORS/RESEARCHERS
Table of Contents
Foreword 4 Preface 5 Acknowledgments 6 Acronyms 7
Chapt Welfare of Children elfar Chapt er FOUR Ensuring the Welfare of Children .................. 49
The LCPC, BCPC, and the Child-Friendly Barangay Program 51 Helping Children at Risk 53 Educational Programs and Responses 57 Preventing Physical Abuse and Violence 60 Local Ordinances and Procedures for the Protection of Children 63 Tapping the Media 66 Youth and Livelihood Organizations 67
Chapter ONE Giving Children in Conflict
ace Law Fac with the Law a Human Face ................................................ 9 Children Driven to a Life of Crime 1 1 They are Our Children Too 12 A Peek at the National Situation 13 The Most Common Offenses 14 Ensuring the Rights of CICL 15 CICL as a Non-Urban Area Phenomenon 16 Understanding the Plight of CICL from Non-Urban Areas 18
Chapter FIVE A Framework for the Prevention
Chapter TWO In the Hands of Their Protectors ........ 19

When Children are Apprehended 20 The Rehabilitation of CICL 33
and Protection of CICL ....................................................................... 71 Main Achievements in the Prevention and Protection of CICL 73 Main Challenges in the Prevention and Protection of CICL 77 The Role of Children in Advocating for the Rights of Children and CICL 79 A Programming Framework for the Prevention and Prevention of CICL 82
References .................................................................................................... 95
Chapter THREE Programs of the

Five Pillars of Justice .......................................................... Crisis Intervention 40 Improving Conditions in Jail: Corrections 43 Capacity Building/Training 44 Rehabilitation and Integration 45 Advocacy and Outreach/Organizing 48
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Foreword
Childrens rights are universal and indiscriminate. Countries that signed the UN Convention of the Rights of the Child are obligated to ensure that childrens rights are upheld and protected in any context and circumstance. Unfortuantely, the rights of children in conflict with the law (CICL) due to their context and peoples culturally-based misconceptions are often neglected. Doubly neglected are CICL who hail from non-urban and non-major urban areas because few people pay attention to their plight. People think that the problem does not exist. However, as the research Building Capacities for a Community-Based Prevention and Protection Program on Children in Conflict with the Law shows, the problem is as real a problem in rural and non-major urban areas. Although the numbers are still very low compared to those found in major cities, their cases are on the rise. Since they are children, their rights must be upheld and protected. What better way to begin than to try to understand their situation. This book, which comes as the popular version of the research Building Capacities for a Community-Based Prevention and Protection Program on Children in Conflict with the Law. It presents the important findings of the research in a simple language that is accessible to lay readers. The book is part of an advocacy campaign to reach a wider group of people to make them more aware of the issue of CICL in rural and non-major urban areas. The research helps us to be more aware of how the issue of the CICL is being addressed and identifies the strengths and weaknesses of the system in helping CICL and children in general. In doing this, it is hoped that we could instill changes in the system to help uphold and protect the rights of these children. An important part of the book is its presentation of a programming framework for the prevention and protection of CICL. This is an important part of the book because helping CICL does not only involve protecting children who have already come into conflict with the law, but more importantly, helping prevent children from coming into conflict with the law in the first place. FAYE G. BALANON Officer-in-Charge Psychosocial Support and Childrens Rights Resource Center
Preface
The number of children in conflict with the law (CICL) has grown based on statistics presented by Department of Social Welfare and Development, Philippine National Police, Bureau of Jail Management and Penology and the accounts of non-government organizations (NGOs). It is also heartening to note that CICLs experience abuses and exploitation while inside detention centers and jails. This publication provides an assessment of the situation of CICL and the juvenile justice system in rural communities and non-major urban areas. Specifically, it assesses the communitys understanding of and attitude towards CICL, identifies program responses, and assesses readiness to launch a prevention and protection program. The comprehensive research Building Capacities for a Community-Based Prevention and Protection Program on Children in Conflict with the Law, an Analysis of the Situation of Children in Conflict with the Law and the Juvenile Justice System informed the contents of this publication. Plan acknowledges the University of the Philippines-Center for Integrative and Development Studies-Psychosocial Trauma and Human Rights Program (UP-CIDS-PST) for helping educe and document current situation of CICLs in the present justice system prior to the approval of the Juvenile Justice Systems and Welfare Act or Republic Act (R.A.) 9344. Situations illustrated in this publication account those of the experiences in Plan-covered municipalities in Masbate, Southern Leyte and Western Samar. We hope that this will provide some starting points to initiate reforms in the administration of justice for CICL at the local and national levels. In an effort to make this publication more reader-friendly, we made use of specific cases with illustrations and artwork to assist readers in learning, remembering and making practical use of the material. It is a resource material for Plan staff, local government partners, social workers, police, parents, communities and government and non-government institutions, church-based groups and other institutions concerned on promoting the welfare of CICL. Plan acknowledges everyone who took part in developing this publication. MICHAEL JOSEPH DIAMOND Country Director Plan Philippines
Acknowledgments
This publication would not have been possible without the help of the following people: The Children in Conflict with the Law (CICL) who generously shared their stories and experiences to the research team; Municipal and City Social Welfare social workers, staff members of the Regional Rehabilitation Center for Youth (Tanauan, Southern Leyte), policemen, Bureau of Jail Management and Penology officials, judges and court officers, Public Attorneys Office staff and lawyers, parents, children, community members, NGO partners, principals, teachers, guidance counselors, barangay officials, and children from Masbate, Southern Leyte, Western Samar, and Tacloban City who willingly shared information on CICL and their practices in handling them in their communities; Anne Adelaine S. Manzano, Marco Paa Puzon, and Arnie C. Trinidad who carried out the research on which this publication is based; Agnes Zenaida V. Camacho, Faye G. Balanon, Elizabeth Protacio-de Castro, PhD, Cathy Seco, Jesus Far, and Leonila Melendrez who provided valuable comments during the various stages of the research and publication process of this book; The Psychosocial Support and Childrens Rights Resource Center (PST CRRC) for coordinating the publication of this book; Arnie C. Trinidad who wrote this book; Michelle G. Ong who edited the manuscript; Faye G. Balanon who proofread the final draft of the book; Jason Moss for the cover; Aldy C. Aguirre for the inside artwork; Perlyn Lakan Bunyi for facilitating the FGDs in the communities; Ariel G. Manuel who laid out the manuscript; and The Plan Program Unit staff of Masbate, Southern Leyte, and Western Samar and the Plan staff in Tacloban City. To all these people and the countless others who took part in the conduct and publication of this research, we offer you our heartfelt thanks.
Acronyms
ARH BCPC BPO BUF BJMP CIDA CICL CNSP CSWDO CPAC CFC DepEd DOJ DSWD GK LCPC LGU MOA MCPC MPOC NGO Adolescent Reproductive Health Barangay Council for the Protection of Children Barangay Protection Orders Barangay Unified Force Bureau of Jail Management and Penology Canadian International Development Agency Children in Conflict with the Law Children in Need of Special Protection City Social Welfare and Development Office Community Police Assistance Center Couples for Christ Department of Education Department of Justice Department of Social Welfare and Development Gawad Kalinga Local Council for the Protection of Children Local Government Unit Memorandum of Agreement Municipal Council for the Protection of Children Municipal Peace and Order Council Non-Government Organization PAO RRCY ROR RA SIGA SFC SK TESDA TPO UN CRC WCCD UNICEF UP CIDS PST ORASE PPO PNP PSWDO PST CRRC Orientation on Child Rights and Sexual Exploitation Permanent Protection Order Philippine National Police Provincial Social Welfare and Development Office Psychosocial Support and Childrens Rights Resource Center Public Attorneys Office Regional Rehabilitation Center for Youth Release on Recognizance Republic Act Serving in Gods Army Singles for Christ Sangguniang Kabataan Technical Education and Skills Development Authority Temporary Protection Order United Nations Convention on the Rights of Children Women and Childrens Concerns Desk United Nations Childrens Fund University of the Philippines Center for Integrative and Development Studies Psychosocial Trauma and Human Rights Program
Plan International
IDENTITY
Plan is an international humanitarian, child-centered development organization without religious, political, or governmental affiliation. Child sponsorship is the basic foundation of the organization.
VISION
Plan envisions a world in which all children realize their full potential in societies that respect peoples rights and dignity.
MISSION
Plan seeks to achieve lasting improvements in the quality of life of the deprived children in developing countries through a process that unites peoples across cultures and adds meaning and value to their lives by: Enabling deprived children, their families, and their communities to meet their basic needs and to increase their ability to participate in and benefit from their societies; Building relationships to increase understanding and unity among peoples of different cultures and countries; and Promoting the rights and interests of the worlds children.
Giving Children in Conflict with the Law a Human Face
Chapter ONE
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Children in conflict with the law (CICL) are called by many different names: kriminal, magnanakaw, mamamatay tao (criminal, thief, murderer), rapist. When people look at them, if they look at
all, all they see are the faces of little criminals, fierce, vicious, and rough. When people speak of them, their voices are often full of contempt, derision and even condemnation. These children are often given names that speak only of their crimes and not of their humanity. Their harsh faces are taken to be reflections of their depraved spirits. Many wish to be rid of such useless, hopeless creatures with the belief that these children will continue to lead a life of crime throughout their lives. What many do not know, or do not wish to know, is that the wicked faces we believe these children to have is just a maskone that children have put on themselves to hide their pain, anger, and fear, or one that we, in our ignorance and hate, have put on them. Because we mistake their masks for their faces, we forget who these children are. We forget that they are children, who have much to learn, much to do, and much to hope for. In believing the masks to be real, we undermine childrens capacity for growth and change.Thus, we rob them of their chances for a better future. We condemn them to a life of criminality and hopelessness, effectively trapping them behind the mask, making it real for them. In this book, we look into the experiences of children in conflict with the law to help uncover the face underneath the mask. It is hoped that as we come to know the child behind the mask, we will be in a better position to help them claim a better life.
BEHIND THE MASK: EXPERIENCES OF CHILDREN IN CONFLICT WITHChildren FROM RURALwith NON-MAJOR HumanAREAS Chapter One Giving THE LAW in Conflict AND the Law a URBAN Face
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CHILDREN DRIVEN TO A LIFE OF CRIME

As human beings, children have the capacity to think, to assess situations, and to act on these situations based on their judgment. Some will argue that
because of this, children who commit crimes are entirely responsible for their actions. However, as children, these human beings have limited experiences and their capacities for judgment are still evolving. Many might not make correct decisions especially when circumstances surrounding them fail to provide proper guidance and support. In the case of children who come into conflict with the law, this is readily apparent. Social factors have a strong impact on whether children decide to engage in activities that will lead them to conflict with the law. One factor that may drive children to come into conflict with the law is poverty. Studies have repeatedly shown that many CICL come from poverty-stricken families that cannot provide the most basic of provisions such as food, shelter, clothing, and education Their dire situation may push some children to commit crimes to provide for their own and their families needs. Many of these children live in communities whose very structures deny them opportunities for a better future. Their communities are likely to be places where criminality is high and basic services are lacking. For instance, there may be few or no good schools, the environment may not be clean nor safe, and there may be few loving adults and role models. Another factor to consider is a history of abuse. Many studies report that a large proportion of these children have been victims of abuse, cruelty, neglect, injustice, and indifference under the hands of the very persons tasked to care for and protect them. These children may turn to their peers for love and acceptance, and find themselves engaging in illicit activities for and with their friends. The absence of loving and responsible adults in their lives may also mean that no one is providing them the guidance they need. Taking these things into consideration, we come to appreciate that children who commit crimes are not the only ones at fault. Their communities and the larger society, by depriving them of opportunities they deserve and failing to provide for their needs, and uphold and protect their rights, have contributed to creating the terrible conditions that these children find themselves in.
Children who commit crimes are not the only ones at fault. Their communities and the larger community that has deprived them of opportunities and has failed to provide their needs, have contributed to them coming into conflict with the law.
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THEY ARE OUR CHILDREN TOO

Ang dapat kasing tutukan ay ang pagbibigay ng mga pangunahing pangangailangan ng bata para maiwasan na mapunta siya sa sitwasyong makakalabag siya ng batas. Ang hindi kasi pagtalima sa karapatan ng bata ay injustice na. Nagsisimula lahat kasi sa pamilya at sa komunidad. (Focus should be given in providing for the basic needs of children to prevent them from coming into conflict with the law. It is an injustice to the child if his rights are not protected. Everything begins with the family and the community).
FGD Participant from Masbate
The quote highlights our shared responsibility over children who come into conflict with the law. Their rights are violated, sometimes by the very people tasked to protect their rights. It should not surprise us that this injustice in these childrens lives has led them to commit crimes against others.
We must remember that as a signatory to the UN Convention on the Rights of Children (UN CRC), the Philippines along with its citizens have the responsibility to ensure that the development, survival, protection, and participation rights of all children are constantly upheld. Children in conflict with the law are children, and have as much right as any other child. As caretakers of these children, it is our role to protect children who have come into conflict with
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the law and to give them the opportunity to change. As adult members of society and as guardians of their rights, it is our responsibility to guarantee this. It is also our responsibility to see them for who they really are not hopeless criminals, but children who are in need of special protection. Thus, it is also our obligation to help other members of the community change their attitudes towards CICL, to push for policies or changes in policies to guarantee the protection of CICL, to prevent other children from coming into conflict with the law, and to advocate for the rights of the CICL. But before we can even begin to assure them of their rights, we have to gain a keen understanding their situation. We start by looking into some national data about the CICL.
A PEEK AT THE NATIONAL SITUATION

Figures from the Women and Childrens Concerns Desk (WCCD) of the Philippine National Police (PNP) show declining numbers of CICL in the Philippines from 2002-2004 after they peaked in 2001. Although
it is tempting to conclude that the decline is real and good, we should call attention to the fact that data on the CICL from government agencies are not in agreement. An example of this is that while WCCD reports that there were 2,906 CICL cases in 2004, the Department of Social Welfare and Development (DSWD) reports figures more than twice as large, with 6,991 reported CICL cases for the same year. The source of the disparities between the figures from the two agencies is not clear. What is apparent is that cases of CICL are not adequately documented, and could reflect an inadequacy in how the needs of these children are understood and addressed.
Nationwide Number of CICL Cases Nationwide (1999-2004)
Source: WCCD Annual and Quarterly Comparative Statistics on Youth Offender Cases
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THE MOST COMMON OFFENSES

According to national data from the WCCD from January to September 2004, the most common offense of children are theft with 1,241 cases, followed by the illegal use of solvents or adhesives, popularly known as rugby with 348 cases, and attempted murder with 236 cases.
Twelve Youth Off Top Twelve Youth Offenders Cases
January - September CY 2004
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The Five Pillars of the Justice System
ENSURING THE RIGHTS OF CICL

While it is true that necessary steps have been and are being put in place to ensure that the welfare of children and CICL is taken care of, there are lapses in carrying out these steps. For instance,
while laws have been passed protecting and upholding the rights of CICL, there is a lot to be desired in the proper implementation of these laws. Moreover, while the duties of the Five Pillars of Justice for accused and convicted children have been defined, there are still gaps in the performance of the roles of the stakeholders of the Five Pillars in carrying out their roles. Some of the weaknesses in the system include the absence of comprehensive rehabilitation programs for CICL, the limited government funds to address the needs of CICL, the lack of effective monitoring systems, the failure of the WCCD to adequately respond to the needs of CICL, and other similar weaknesses in the system.
THE FIVE PILLARS of the Justice system is comprised of the police, prosecution, judiciary, corrections, and community. The Five Pillars aim to prevent, detect, discover, and suppress crime. It also involves the identification of persons who have come into conflict with the law, their prosecution, incarceration, reform, and rehabilitation. More than these, the Five Pillars aim to protect the rights of the offenders. At the same time, they also aim to ensure the speedy delivery of justice and the assurance of the convicted persons rehabilitation and reintegration into society. By reintegration, we not only mean that the convicted person is reformed or rehabilitated, this also means preparing the community to accept the person after he has served time in jail or the rehabilitation center. While the Five Pillars of Justice deals with offenders in general, they are also mandated to care for children who come into conflict with the law. One of the more important roles of the Five Pillars is to ensure that children do not come into conflict with the law.
Source: Psychosocial Trauma and Human Rights Program UP CIDS and the Consortium for Street Children (2003)
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CICL AS A NON-URBAN AND NON-MAJOR URBAN AREA PHENOMENON

Interestingly, the studies done on CICL have mostly been carried out in urban areas. There is a dearth of information on CICL from non-urban areas and nonmajor urban centers. Non-urban areas refer to rural areas, while
non-major urban areas refer to smaller cities found in the different provinces of the Philippines. This reflects the long-standing assumption that CICL is largely an urban phenomenon or a phenomenon only found in bigger cities and metropolises in the country.
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The problem is assumed to be of a lesser degree in non-urban communities because the social fabric may actually be tighter in these communities. The size of the communities allows for people to maintain close relationships with community members thus making social control more possible compared to the bigger and impersonal urban areas. Moreover, nonurban areas do not have the anonymity that urban areas have; hence, there is less likelihood for children to be emboldened to come into conflict with the law.
While there are really more CICL in urban areas, this does not mean that CICL is not a problem in non-urban or non-major urban areas. In fact, the number of CICL from 2002 to 2004 in the four study areas of Masbate, Southern Leyte, Western Samar, and Tacloban City (non-major urban area) only total to 166. All 166 reported cases are male, with ages ranging from eight to 17 years old. While the numbers are low compared to the national figures, the numbers still point to the reality of CICL in non-urban areas. In these areas, the violation of PD 1619 or the illegal use of solvent or drugs came up as the most common crime for the CICL. This may have to do with the easy access to solvents from hardware stores, which could also be a reflection of the growing drug problem in the county. Next to solvent and drug abuse are theft and then murder. While this gives us an idea of the situation of CICL in non-urban and non-major urban areas, this hardly gives us a complete picture of their situation. Such a glaring lack of information may compromise the protection of the rights of CICL from these communities. Thus chronicling these childrens experiences is crucial for better responses to the needs of these children. But more than this, gathering information on the situation of CICL from non-major urban and non-urban areas allows us to design preventive programs that would keep children from coming into conflict with the law.
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UNDERSTANDING THE PLIGHT OF CICL FROM NON-URBAN AREAS

The lack of information on CICL from non-urban and non-major urban areas prompted Plan Philippines to commission the Psychosocial Trauma and Human Rights Program of the UP Center for Integrative and Development Studies (UP CIDS PST) to study the situation of CICL. This is to help improve
understanding of their situation and to come up with possible programs and projects that can respond to the needs of CICL as well as prevent other children from coming into conflict with the law. The study involved looking into the role of the Five Pillars of the Justice System in ensuring that the rights of children and CICL are promoted and in coming up with preventive programs for children in general. Methods used to gather data included interviews and focus group discussions in the non-urban areas of the provinces of Masbate, Western Samar, and Southern Leyte and non-major urban area of Tacloban City in Leyte Province from November to December 2004. A total of 382 individuals participated in the study. This number is composed of children, barangay and municipal officials, policemen, social workers from the DSWD, teachers and Department of Education (DepEd) representatives, Trial/Family Court and Public Attorneys Office (PAO) representatives, Bureau of Jail Management and Penology (BJMP) representatives and jail wardens, parents, community volunteers, local NGO staff members, Plan Philippines staff, and adult inmates. From the data, stories and themes of the experiences of CICL emerged. An assessment of the competence of the different pillars of justice was also done through an analysis of the strengths and weaknesses of their programs and procedures for handling CICL. The study also looked into the prevention and protection programs that are already in place in the areas studied. Lastly, the research also came up with recommendations as to how CICLs situation can better be addressed and how more effective preventive mechanisms can be put in place.
Plan Philippines commissioned the Psychosocial Support and Childrens Rights Center (PST CRRC) to write a book version of the research to reach a wider base. This book provides highlights of
the most important findings of the research. It is intended to provide a wider audience with a better understanding of the experiences of CICL in non-urban areas. Hopefully, this better understanding will allow for greater acceptance of CICL and will inspire more people to commit to helping these children, and to participate in or initiate action that will keep children from committing crimes.
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In the Hands of their Protectors
Chapt Chapter T WO
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Marilyn and Marissa (names of all the children have been changed to protect their privacy) from the province of Western Samar. The two girls were picked up by arresting officers who
did not identify themselves, and who did not explain why they were being arrested. Although the girls were not handcuffed, they were handled roughly by the arresting officers who brought them to a house near the Samar National High School. At the house, the two girls were asked to identify two drug pushers that went by the name of Abdul and Maymay. Maymay, it turns out, is a sister of one of the unsuspecting girls, who were used as couriers of shabu. Unfortunately, the drug pushers were not around when Marilyn and Marissa were brought to their hideouts. In the end, both girls were charged with drug pushing. At the police headquarters, they were made to sign a paper the contents of which were not explained to them. Their parents were not informed of their arrest and only learned about it three days later. Social workers were also not immediately informed. The girls were not brought to a medical facility for examination. Marilyn and Marissas story illustrates everything that could go wrong when children are arrested. Their story demonstrates some arresting officers utter disregard for proper procedure when arresting children. Their story also illustrates the possible abuses CICL from non-urban, and non-major urban areas could experience under the hands of people who should be their protectors. In this section, we look into the childrens actual experiences of apprehension, detention, trial, and rehabilitation in the study areas. The following discussion is based on the reports of the children themselves and of participants from the Five Pillars of Justice tasked to care for these childrens welfare.
WHEN CHILDREN ARE APPREHENDED

One of the more commendable steps the Philippine government and the Philippine National Police (PNP) have taken in the recent years to assure the protection of the rights of CICL is the creation of the WCCD in all police detachments all over the country to handle the cases of CICL. The WCCD is a special division of the PNP manned by staff who are specially
trained to handle womens and childrens cases and who are aware of childrens rights.
BEHIND THE MASK: EXPERIENCES OF CHILDREN IN CONFLICT Chapter Two RURAL AND NON-MAJOR URBAN AREAS WITH THE LAW FROM In the Hands of their Protectors
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The PNP has made an effort to train its staff to increase their awareness on childrens rights and child-friendly procedures in handling CICL. The PNP has collaborated with the DSWD and the United Nations Childrens Fund (UNICEF) on several occasions to train various WCCD personnel from all over the country on child sensitivity, child-friendly police investigation work with children in need of special protection (CNSP), the Five Pillars of Justice, and other relevant topics. In most of the areas, the police officers attended these trainings. In some cases, their superintendents attend the training in their stead and re-echo the trainings to them. Thus, police personnel who have been interviewed were aware of the rights of children and were properly aware of the procedures in arresting CICL. Unfortunately, knowledge does not always translate to improved practice.
Lapses in the Observance of Proper Procedures in the Arrest of Children

From the story of Marissa, Marilyn, and Joseph (See Josephs Warantless Arrest on page 23), we see that some police officers fail to carry out proper arrest procedures. For instance, all three children were not informed of their rights upon their arrest as stipulated in Republic Act No. 9344 of the Juvenile Justice and Welfare Act enacted in 2006. One of the provisions in the Juvenile Justice and Welfare Act also states that parents should be notified immediately of the arrest of their children by the police or social workers. However, failure to notify parents and the DSWD of the apprehension of children have been reported in some of the areas.
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Guidelines When A Child is Arrested

The child should be informed in simple
language and in a dialect he or she can understand why he is being placed under custody and the the offense he allegedly committed. The childs constitutional rights should also be explained. A lawyer should be present to ensure that the child is not incriminated for statements he may not have made on purpose or for answering questions he may have misunderstood. In the absence of a lawyer, a social worker should affix his or her signature to the statement given by the child. When a criminal charge is filed by the complainant against the child, the case should be referred to a social worker who will write a case study on the child. The intake interview involves getting basic information about the child such as where he is from, the names of his parents, the circumstances involving his crime, and the like. The childs parents should be informed of the childs situation as soon as possible and must also be present when a statement is taken from the child. The child, regardless of the absence of visible injury, should be immediately brought to a medical facility for physical and mental evaluation.
It should not be taken to mean that the police or the social workers are entirely at fault. Some children, out of fear of being rebuked by their parents or guardians, conceal from the police information such as their real names, ages, address, and names of parents. This makes it difficult to track down their parents to properly inform them of their childrens situation. This is the reason why it is important for the police or the social worker to develop a trusting relationship with children. A trusting relationship enables children to confide personal information to the officer because they know that the officer only has their welfare in mind. It was also found that CICL are not always brought for medical and psychological check-up. A police officer from one of the areas shares that if the police does not find any injuries, the children are no longer brought for physical and mental check-up. This is clearly a violation of Article 190 of Presidential Decree No. 603 or the Rules Apprehension of Minors as Amended. According to the police from one of the areas, children are only brought for medical check-up when there are visible signs of injury. However, such practice is a disservice to children. Their injuries may not be obvious to a non-medical personnel and an incorrect assessment will only contribute to the further abuse and/or deterioration of the childrens condition. The medical check-up should be carried out to ensure that the children are in good health and that they have not been injured in the process of arrest . A social worker from one of the study areas also attest that some police, although they have already received training, still interrogate children rather than ask them questions. Interrogation is not appropriate for children because it could scare children and could make them admit things they have not actually done because of the intimidating and accusatory tone of the interrogation. Asking questions in a manner that is child friendly and non-accusatory is the more preferred approach to children who have come into conflict with the law. The social workers sharing highlights the fact that one or two trainings are not enough to equip the police to be child-friendly or to be sensitive to the needs of children. This is because these skills and the proper attitude take years to learn and develop. Thus, there is a need for continuous training, perhaps, even the inclusion of such training in the curriculum of the police academy. This is why the presence of social workers is important when children are apprehended. According to a social worker from the City Social Welfare and
Source: Republic Act 9433, The Juvenile Justice and Welfare Act of 2006
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Development Office (CSWDO) in Tacloban City, because social workers are trained to handle children, children are more likely to open up to them rather than the police who may be perceived by children with fear or distrust. Social workers also ensure no abuses are committed against children and that the parents of the children are informed of their situation. Given this, it is important for social workers and law enforcement agents to share a good cooperative relationship. This would allow the police, in ideal conditions, to learn proper skills in handling children from social workers because a form of mentoring could ensue between the social worker and the law enforcement agent.
Josephs Warrantless Arrest

My name is Joseph. I am
17 years old. I was charged by a 20 year old woman of rape but God knows I am innocent. The woman who accuses me said that she had been raped by three big men. But I am only 56. I am definitely not big. I was put in jail but was released after a while. After this, I was rearrested for the same crime. When I was arrested the first time, my parents were notified by the police. But the second time, they were no longer informed. I was not even shown a warrant when the police came for me. My family was worried and did not know what to do.
Physical and Emotional Abuse of CICL While none of the children interviewed for the study report of having been tortured or abused by their arresting officers or by community members, we cannot deny that these things do happen. Stories surfaced from
other key informants such as social welfare officers and community members of how certain children went through experiences of physical abuse as they were arrested by police officers or by vigilant community members. Among the stories that surfaced were that of a boy in Tacloban City who was allegedly mauled by policemen, bystanders, members of an NGO, and members of the Bantay Bayan who caught him snatching jewelry. Another boy from Pating, Masbate was ordered by his unclea barangay captain from their communityto finish sniffing the solvent his uncle caught him inhaling to teach him a lesson. Another case in Masbate involved an irate shopkeeper locking up three children after he caught them breaking into his store. Some people may think that children deserve such treatment to teach them a lesson not to engage in criminal activities and to instill discipline in them. But harming them physically does not really teach them a lesson. Instead, it only succeeds in hurting the child and driving the child to seek comfort from thugs or fellow CICL. Such an approach also violates their basic rights as human beings. The case involving the barangay captain is especially worrying because local officials are mandated to protect the rights of children and they are supposed to have received training on the protection of the rights of children. The child being the barangay captains nephew should not have been used as an excuse to discipline the child in such manner because that undeniably constituted child abuse. Unfortunately, because they are children, some adults behave as if these children have no rightsthat they can be treated any which way the adult sees it fit to treat them.
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Punishment in the Guise of Discipline One of the more disturbing findings is how some parents commit their own children to jail in the guise of disciplining them. Parents think that fear and discipline would be instilled in children by placing them in jail. In Masbate and Western Samar, cases have been reported of children being placed in jail by their parents also to keep them safe from gang members who are out to harm them. While these parents may have good intentions, the conditions in jail may be compromising the safety and well-being of the child more than anything else because of the possibilities of abuse or the possibilities of becoming socialized into a culture of crime.
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Recognizing and Respecting the Rights of CICL Although we began by discussing lapses in the implementation of rules, the picture is not as grim as it seems.
There are instances where the rules are properly followed by key stakeholders. For instance, the proximity of the PNP and the DSWD offices with each other and the good relations between police officers and city social workers ensure the immediate notification of social workers when a child is arrested. In Southern Leyte, children are immediately brought to health facilities for check-up after their arrest because of the proximity of the health facility to the PNP. Moreover, police personnel interviewed for the project appear to have the right attitude towards CICL. For instance, police chiefs from Mandaon, Masbate and Tacloban City believe that it is in the best interest of the CICL not to be put in jail. According to them, CICL had best remain in the custody of their parents especially when they have committed only petty crimes because putting them in jail may be harmful to them. This is because the child may be exposed to lawless elements in jail. The child could also be branded as a criminal. Instead of putting the children in jail, they are sometimes given lectures instead of making them serve time in jail especially if the crime is not too serious. This is especially true if the offense committed is punishable by not more than six years of imprisonment. This is one of the diversion programs that could be undertaken for children who come into conflict with the law.
Children to Trial Bringing Children t o Trial Marissa and Marilyn have been in detention for over two years. They have been waiting for the decision on their but there
appears to be little hope for the quick resolution because of the slow churning of the wheels of justice with all the delays in the deposition of their cases. These delays in cases of CICL prevent these children from returning to their normal lives. This is an injustice, which unfortunately, is an all too common experience for CICL.
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Eric and Sonny: Two Tales of Rape
Overbur erburdened Family Cour ourts of Law Overburdened and Family Cour ts and Lack of Law yers The reason for these delays is the overburdened Family Courts. Family Courts are mandated to handle all sorts of complaints related to the family such as annulment of marriages, custodial claims for children, and other similar cases. The Family Courts were established through RA No. 8369 or the Family Courts Act of 1997. This is a milestone because it ensures that the rights of children are protected and that child-friendly ways are carried out during the litigation of CICL.
MY NAME IS ERIC. My story started

when I was 16 years old when I raped a girl. My case went on and on in court because of numerous delays in my trial. In the end, the judge found me guilty. I am supposed to have been handed the death sentence because rape carries that penalty but the judge only handed me the life sentence. He says that since I committed the crime as a boy, I should not be handed the maximum penalty. I am Sonny. I am nine. I was accused of raping my six-year old playmate. The judge said I said I could not have raped my playmate because the doctor reports that there was semen in the girl. The judge did not believe this was possible so she consulted a doctor who said that I was too young to ejaculate. The judge dismissed my case.
However, the sheer bulk of the cases in Family Courts oftentimes result in long-drawn litigation procedures, delays in court hearings, and the like, which undermine the welfare of children. In fact, some children remain in jail way beyond the sentence intended for the crime they committed. There have been reports of children having stayed for as long as one year in jail even though the maximum sentence for the crime they were accused of is only six months. Another reason for the long litigation is the lack of lawyers who are willing to handle CICL cases. Because many of the children come from indigent families, they cannot afford to hire private defense counsels. While the courts provide lawyers for CICL courtesy of the PAO, there arent enough lawyers from the PAO to handle all the cases that come their way. PAO gives free legal counsel to anyone needing of legal assistance, and there are far more people who need lawyers than there are lawyers willing to serve them. In the absence of lawyers, a case cannot be immediately resolved. Some delays may also be caused by technicalities. One such case involved a 15 year old boy who was charged with rape. After the case had been filed in court, the complainant tried to withdraw with the confession that their child had not been actually raped but only got a scratch on her thighs while playing. Before the case had been withdrawn, the child had to languish in jail while awaiting trial. The sad fact remains that as these children are made to languish in jail for longer periods, they are not properly served justice especially if the children are innocent.
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Issues Agains PA Law gainst Some Is sues A gains t PA O Law y ers Because PAO lawyers are saddled with numerous cases, their efficiency law and commitment in handling cases are compromised. There have been stories of
children who have been made to plead guilty to speed up their trial or to receive a lighter sentence. Although it does children well to have their trials sped up especially when they are already serving time in jail, this is a disservice to children especially when they are innocent. People tasked to protect their rights willingly sacrifice the right of these children to a fair trial. Sometimes, PAO lawyers are not equipped to handle cases of CICL because they have not been properly trained for this. A more disturbing finding is that copies of new laws are not made available to them by the Department of Justice (DOJ). If they are made available, these come in late. One of the respondents said he has yet to familiarize himself with RA No. 9262 or the law on Anti-Violence Against Women and their Children Act of 2004. Another respondent from the DOJ also admitted that he did not know of the existence of the Regional Rehabilitation Center for Youth (RRCY) in Tanauan, Leyete and even asked how CICL can be transferred to the RRCY.
Miguel and His Experiences in Court

I DID NOT LIKE TO ATTEND MY HEARINGS BECAUSE THEY WERE IN ENGLISH. I could not understand what was going on in court. I had an interpreter, but I still did not feel comfortable. There were times when the judge did not arrive. It also took a long time before my hearings started because my mother could not get me a lawyer. My accusers have already forgiven and withdrawn their case against me, but I still remain in jail because of all the delays in the hearings.
Justice Served The Family Courts provide for specially trained justices to handle the cases of CICL. These judges are trained on child and family laws, procedures, and other related
disciplines. Such trainings prepare them to deal justice to children, both as accused and as victims/ survivors. Judges that have been interviewed show sensitivity to CICL. One of the judges said she does not wear the black robe during trials because this may intimidate and scare minors. She only wears her uniform when the accused is already 16 and above, when the accused is a recidivist, or has exhibited unruly behavior in court. However, there are also instances, when judges have not been as sensitive as the story of Miguel illustrates. (See Miguel and His Experiences in Court)
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Diversion
IDEALLY, CHILDRENS CASES SHOULD BE SETTLED OUT OF COURT, especially when
the cases involve lighter crimes that can be resolved with the help of the barangay council. Lighter cases are those involving crimes that carry the penalty of imprisonment of not more than six months, regardless of fines. Some of the childrens cases are settled between the CICL and the victim in the barangay through the Katarungang Pambarangay, which encourages out of court settlement. The Katarungang Pambarangay was a result of PD 1508 in 1978, which allows for a Lupong Tagapamayapa (Peace and Order Committee) to settle all disputes where the parties involved are from the same barangay. Diversion may include written or oral reprimand or citation; return of property; payment of damage caused; written or oral apology; guidance and supervision orders; counseling for the child or his/her family; training, seminars, and lectures on anger management skills, problem solving, etc; participation in available community-based programs; institutional care and custody; or work detail program in the community. These forms of diversion allow children to escape the prospect of litigation and the trauma of having to go to jail especially if the cases can be settled amicably. This is also beneficial to trial courts because diversion lightens their caseload significantly. Diversion is also good for children because it gives them another chance at reform. Only when cases cannot be settled amicably or when they are grave, can children be brought to litigation.
Source: Save the Children UK 2004 and 2005
Onlookers are also not allowed in the courtroom. She ensures that there is an interpreter present during trials. She also instructs the child to give his or her testimony with minimal contact with the accused or complainant, talks to policemen in handling CICL, and gives court employees and other people in the Bulwagan ng Katarungan lectures on child sensitivity. Moreover, not all children have encountered problems in the course of their trial: Joseph, one of the child key informants, sought legal assistance from the PAO, resulting to his release on recognizance or PD 603 (ROR) three days after his arrest. He has been advised by his PAO legal counsel not to plead guilty since the charges against him are not true. A high-school student is charged with homicide, voluntarily surrenders and pleads guilty. Due to his age, he was given a suspended sentence, but was released on probation at the age of 19. In 2003, two 16 year old boys, residents of Milagros, Masbate were charged with murder, but were released on recognizance. A 17 year old boy, also a resident of Milagros, was accused of qualified theft, but was also released on recognizance. Their cases were handled by the MSWDO. A 15-year old student from Municipality of Inabangan in Samar, was charged with murder in 2002 after killing a classmate but the boy was not sentenced by virtue of provisions under PD 603.
Locking Children Up in Prison Marilyn and Marissa describe their life at the Samar Provincial Jail as bad. They were forced to sleep on the cold floor at the
start. Later, they slept on a karton or a large flattened cardboard box or a banig (a woven mat) after their parents had brought them beddings. Fortunately for Marilyn, her mother had a bed made for her.
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The girls also complain of leaking roofs during the rains and the soaring temperatures during the summer. The dreadful conditions in jail has so worsened Marissas asthma that she had to be rushed to the hospital one time. There isnt much to do in jail either except to chat with each other, wash clothes, or eat. The experience of the two girls is shared by many CICL. These are among the lapses in implementing the United Nations (UN) Standards on Juvenile Justice. These lapses are linked to the shortages in the funds of the BJMP. Conditions are described to be even worse in the Provincial Jails in the study areas. Because of this, the time children spend in jail becomes a punitive experience more than a rehabilitative experience. In the following section, we discuss the conditions children have to endure while serving their jail sentence.
Conditions in Jail The most common complaint about the jail is its crowdedness. This is particularly true of the Catbalogan Municipal Jail and
the Samar Provincial Jail, the structures of which date back to the Spanish occupation. There are not enough detention cells for inmates given the measly funds the national government allots for the BJMP. The situation in the Samar Provincial Jail is even worse. Makeshift and semi-permanent structures have been built in suitable corners of the courtyard to serve as sleeping quarters for inmates. With roofs of plastic and tarpaulin, the structures offer little comfort during the summers and rainy days. Thus, inmates are usually packed in minute cells aptly described by one of the child inmates as being no different from a can of sardines. At the time of the research, there were 34 children cramped in one cell at the Tacloban City Jail. Although the children are separated from adult inmates in most of the jails, the size of the cells and the design (the cells are only separated by grills) of the detention centers still allows for interaction between adult and child inmates. An example is the Catbalogan Municipal Jail which has allocated one cell for CICL. However, the cell is only separated by steel bars from the cell of adult inmates. The same goes for the jail in Calbayog City, also located in Western Samar. As such, communication between adult and children inmates is still possible.
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Some Notes on the Jail Sentence of Children

The BJMP is tasked to ensure the rehabilitation and correction of child youth offenders.
Children who receive one day to six month-jail sentence are placed in municipal jails. On the other hand, children who are sentenced from one day to three years are placed in city jails. When the penalty goes over six months and it was committed within the municipality, the child youth offender will be placed in provincial jails. When the penalty exceeds three years, the offender serves his or her sentence in jails managed by the Bureau of Corrections. A child youth offender is entitled to apply for a suspension of his sentence when the sentence involves long term incarceration in jail. Once granted, the child shall be committed to any of the ten Rehabilitation Centers operated by the DSWD. Youth offenders who have been involved in drug use are committed to Drug Treatment and Rehabilitation Center for drug dependents.
Source: UNICEF and AKAP 2001
Unfortunately, interaction with the convicted adults in jail may increase the chance of children being socialized into the culture of violence and criminality and also increases the risk of abuse. To address the issue of children being able to mingle with adult inmates, the Samar Provincial Jail has identified a jail guard to keep watch and make sure that children do not stray out of their assigned areas. A social worker from the RRCY in Tanauan shares of the possibility of children being placed with hardened criminals in jails especially when the CICL is not recognized as a child due to the absence of birth records and the like. There are also no detention cells especially made for girls in all of the areas. At the Tarangnan Municipal Jail in Western Samar, there are no separate detention cells for children and women. It is also an accepted practice at the Tacloban City Jail to place female children with adult female inmates. This may have its benefits too since female inmates are thought to be caring, often showing motherly concern for younger inmates. However, there are no systematic studies that show this to be true. A special case involved two female children being placed with male children at the RRCY at Tanauan because they could not be taken in by the girls rehabilitation center in Manila. With this, the social workers were forced to make certain adjustments to protect them from possible sexual abuse by the male wards by allocating a special sleeping quarters for both girls. The lack of cells for girls may be because of the low number girls coming into conflict with the law. However, this should not be an excuse. Detention centers should be prepared to take in girls should there be a need to. As such, the lack of cells may compromise the safety of girl inmates. Food adequacy in jails and detention centers is also an issue. While inmates are fed three square meals a day, the quality of the food, variety, and nutritive content is difficult to guarantee with the 30 to 35peso food allowance per day allocated for each inmate. According to a social worker, food is usually haphazardly prepared and usually consists of dried fish or watery vegetables and rice. Interestingly, a number of the children reported that they are satisfied with the food being served in jail and that they are happy to be served food on a regular basis unlike when they were outside the jail. This is a sad commentary on the situation of these children who, because they come from poor families, may not have had enough food to get prior to their detention. Some children also come without beddings, especially if their families fail to
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provide them with blankets, sheets, or mats. Thus, some are forced to sleep on bare floors or cardboard boxes. Sanitary facilities are also often poor and potable drinking water unavailable in most of the jails. There are also problems with the lack of running water and problems with electric supply because the BJMP cannot pay for the supply regularly. The deplorable conditions shared above are not beneficial to CICL. Instead of making their detention in jail a rehabilitative experience, their stay only underscores the punitive nature of the jail system in the Philippines. Because of the sub-human conditions in some of these jails marked by the lack or unavailability of even the most basic of amenities and provisions such as water, their stay becomes a long drawn punishment.
Miguels Positive Experience in Jail

MY NAME IS MIGUEL. I am 16 years old. I was
accused of robbery together with two other boys. One of our companions escaped. I am only an accomplice but I am being accused of planning the whole thing. I am currently in a Western Samar Municipal Jail. The jail isnt really like a jail. I can move around freely and even go home to visit my family or to take baths. The police let me out whenever I feel like it. The police are kind to me. I am close to one of the policemen. I like him because he is like a kuya to me. Another policeman is also okay because he makes me attend church services. I can watch television until late at night and can wake up any time I want. I usually sleep at the office of the police. I have my own beddings supplied by my family. I had the cell to myself until another inmate came in. It is okay in the cell, I dont even have to worry about mosquitoes because I am given mosquito coils to use at night. When I am bored, I play with the guard dogs. Sometimes, I play basketball with friends. The food is okay. We usually have rice, vegetables, dried fish or bulad, and even chicken. We normally eat the same food as the policemen. Sometimes, the police ask me to do some tasks for them like cleaning the yard of the headquarters. I am paid for this most of the time.
Lapses Due to Attitudes, Lack of Concern, and Other Reasons Some of the lapses are not strictly related to shortages in funds.
They may have to do with other factors such as the lack of sensitivity, concern or knowledge of the implementing agents. While release on recognizance (ROR) should be an option that is available to CICL, not all children are given this option. The ROR allows the CICL to be released to their parents or guardians provided that the adults take on the responsibility of bringing the CICL to court. Since the law provides for the option for ROR, then it should be properly given to children by concerned parties such as the police and social workers to avoid the prospect of keeping the child in jail for extended periods. But such is always not the case. Some children have to wait in jail for months or years on end only to find their cases dismissed. Such situations call into question the justice of the system or the concern adult stakeholders have for these children who are not given the justice they deserve. Not all areas deny children of their right to be released on recognizance. At the Balud Municipal jail in Masbate, parents are immediately informed on ways to secure the most immediate release of their children, particularly when an ROR is applicable to them. Non-information of the parents about the possiblity of release on recognizance in some areas may be a reflection of the lack of concern or lack of knowldege of some of the officers on the availability of the ROR for children.
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Oplan Decongestion provides paralegal and legal assistance to children to avoid institutionalization and assists children in finding people willing to take courtesy of them should their parents refuse to take them in.
On another note, the very people tasked to care for them may even act as their tormentors. A boy accused of rape, for instance, reports of being insulted and maligned by a police officer who asked malicious questions about his alleged rape of a girl. Such insensitivity has the potential to wound the psyche of the child. The officers may also fail to protect these children from harm inside the prisons. For instance, police officers fail to protect children from gangs who recruit children. These groups initiate these children to violence or prime them to be victims of violence. Often, children are punished for no reason by gang mates or mayors who call the shots in the detention cells. Failure to follow the orders of these superiors may get the child beaten or abused. Aside from these, there have also been reports of children being sexually abused by fellow children or adult inmates, or drugs being smuggled into the cells without the police doing anything.
Efforts to Address the Problem The Masbate City Jail has embarked on a program called Oplan Decongestion, which provides paralegal and legal assistance to children to avoid institutionalization. The program also assists childrenespecially those children whose parents have refused to take them backin finding people who would be willing to take custody of them when they are released on recognizance. Children Positiv Experiences en ositive Childr en s Positiv e Experienc es in Jail Not all experiences of CICL in jail can be described as negative. Some children see their experiences in
jail as positive in the sense that they no longer have to worry about their next meal. Because the lives of children are also governed by rules and regulations which they may not have experienced in their own homes, children gain some level of order and discipline in their lives. Some of the detention centers also provide counseling to the children via the different religious groups that work in the jails. Their contact with religious groups initiates meaningful spiritual changes in the lives of these children by giving them a sense of hope and direction. Although gangs and lawlessness are incontrovertible facts of life in jails, some children also find peers who are able to help them process their experiences and are able to fill their need for friendship, affection, and mentoring. These elders or kuyas may be able to give them advice and to offer a sense of direction to CICL based on their own experiences. Many of the stories of positive experiences come from CICL who have been interned at the rehabilitation center. This is because the CICL are prepared by its staff to be reintegrated into the community after they have served their time at the Center. A social worker from the Tanauan RRCY shares some of her wards have come back years after saying they have found good jobs from the skills they learned from the vocational training they got from the Center.
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THE REHABILITATION OF CICL

Although very little information has been gathered on the experience of children during post-trial and rehabilitation, the narratives of the key child informants indicate that these are largely dependent on how the community feels towards them.
Reintegration into the community is facilitated when people in the community believe in the innocence of children. The same is not true if the community takes on an adversarial role towards these children. The stigma they may attach to CICL poses long-term psychological scars on children in that they are never able to live normal lives in their community. In extreme cases, stigmatized children become the victims of self-fulfilling prophecies because they may end up doing the very things the community accuses them of doing. It is also important for people to believe that these children are capable of reform. Reform or the belief in CICLs ability to mend their ways, in fact, should be the whole basis of the justice system. This is the reason why rehabilitation centers have been set up to cater to children who have come into conflict with the law. The sad thing is, there may not really be enough rehabilitation centers, forcing many children to be placed in jails, which offer punitive reform more than rehabilitation to CICL. The only available rehabilitation center in the areas of study is the Tanauan RRCY in Leyte, which caters to the needs of male CICL in the Eastern Visayas. Children are usually brought to the center upon the referral of social workers. At the rehabilitation center, the children go through counseling and activities with the social workers to help them reintegrate with society later on. To address their low self esteem, these children are given art and music workshops. They are also given the opportunity to go to school and to attend outside trainings on livelihood such as welding and auto repair. Productivity helps raise these childrens self-esteem and morale which may help prepare them for going back to their communities. The activities and schedule in the rehabilitation centers also lend some structure in the lives of children and allow them to learn discipline. However, outside jail or the rehabilitation center, the community plays a larger role in helping children. They also play a major role in making sure children do not end up as CICL.
Jerry and Jeremy: Trying to Live Normal Lives

MY NAME IS JERRY. I AM 13. HIS NAME IS JEREMY AND HE IS 15. We are friends. We have been accused by an 18 year old woman, along with three other boys, of raping her. We were released after 10 days of staying in jail. After we were released, we did not want to go back to school. We were just too embarrassed to go back. Things have been hard for us because some of our friends have been trying to avoid us. But not everyone does that. There are still others who invite us to play basketball with them in school. Thankfully, there are people like our teacher who are supportive of us and who believe in our innocence. People like them make things easier for us. But not everything is easy. Sometimes, we would run into the girl who accused us of rape. When this happens, we usually avoid her because she, or sometimes her mother, would call us names. Our parents advise us to ignore them when they do this. We have been forbidden to roam around the barangay alone. Our parents have imposed a curfew on us too. This is for our own safety according to them.
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The Role of the Community in Protecting Children One of the important roles of the community is prevention. The second is protection, especially when the child has already committed a crime and may already be spending time in jail or a rehabilitation center. The last is acceptance or reintegration of the CICL after they have been released from prison. All three roles are important in that they happen at different points in the lives of children.
Who are the key members of the community? The community includes parents, school officials, barangay officials, social workers, volunteers, and NGO representatives, such as Plan Philippines staff who have a stake in protecting and caring for children.
Parents
Parents play the most important role in the lives of children, particularly in preventing them from committing crimes. This is because parental guidance is important in molding the character of children for them to become law-abiding and exemplary citizens. Children whose parents devote time for them, send them to school, appropriately discipline and give them good counsel, have better chances of leading better lives. Unfortunately, some parents are unable to guide and give attention to children, which is integral in preventing them from engaging in criminal activities. One possible reason why children are not given proper attention and guidance by parents is poverty. The ever-increasing needs of families leave most parents focused on earning a living, at times leaving their children without proper guidance. A respondent from the Maasin Vocational High School says that because fathers and mothers have to look for jobs to augment their family income, children are left without strong family support; hence, they grow up not recognizing authority. When children are not given attention and guidance, they learn to fend for themselves early on. The absence of guidance also forces children to seek attention from peers. Unfortunately, some peers may influence them to do illegal activities such as drug use or stealing. A teacher from the Himayangan National High School in Liloan, Southern Leyte agreed and added that other than economic problems, relational problems within the family also lead children to criminality.
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Some parents who hardly show any interest in having their children released from jail. According to a social worker from Tacloban City, although social workers point out the option of ROR to these parents, some show little interest for this option. According to the social worker, the release of the ROR is made more expedient with the constant following up of parents, which means that disinterested parents are actually risking that their children stay in jail longer than necessary.
These parents appear to disregard and neglect their role and responsibility in guiding their children from committing offenses, and feel that the stay in jail will frighten their children enough to turn them into productive, law-abiding citizens. However, this is not to say all parents of CICL are like this. For instance, one child respondents story shows that there are genuinely concerned parents. In this case, the boys mother pushed her drug-using child to be commtted to a drub rehabilitation facility. She also made sure that she was in constant contact with her child all throughout his ordeal.
School
The school serves as the second home of children where they are socialized to become good citizens, where they learn to relate with people and learn the rules that govern society. However, this may be an ideal that is not fully realized by many schools in the country. Some children in schools extort money from younger students, bring illegal weapons, or engage in theft. An extreme case involved a third year student stabbing another child with a knife in Tacloban City. According to a key informant, peer influence plays a big role in childrens involvement in mischief.
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The Role of Teachers in Helping the CICL be Reintegrated Into Society

ALBERTO ABUEL (not his real name), a teacher in Masbate, helped Jerry (12 years old) and Jeremy (15 years old), who were accused of rape, in their reintegration in school. Abuel encouraged both boys to go back to school after they expressed their desire to drop out after the incident. When the children returned to school, Abuel remained in constant consultation with the two childrens school advisers, who like Abuel, discouraged other children from taunting the two boys. The teacher also helped the two catch up with the lessons they missed while in jail. Through tutorial classes, and further assistance from their teachers, the two boys remained active in school. Abuels belief in the two made the reintegration of the two children easier. The community, which showed sympathy to both boys, also helped. They believed in the innocence of the boys, thus facilitating smooth reintegration. On the question of how the community would react if the charges were true, Abuel said that the accused would have had to face the consequences of their actions, and the community might have reacted differently. Whether Jerry and Jeremy committed the crime or not does not matter to Abuel, who emphasized the importance of respecting the side of children and believing them innocent until proven guilty.
Unfortunately, in most public schools there are few guidance counselors who may help children who commit offenses get their lives back on track. For instance, at the Leyte National High School, only three guidance counselors handle the student body that number to the thousands. The same is reported by a Guidance Counselor for the elementary grades in Masbate City where most schools in the area do not have their own guidance counselors. Because no one may be there to help them, children may be forced to turn to their peers for guidance, who may not actually be the best persons to help them. In the absence of guidance counselors, teachers may also fill in the task of guiding children. But teachers are overworked and will have to fulfill their guidance duties on top of their teaching and advising functions. Thus, they may no longer be in the best position to personally attend to the concerns of each student and provide attention and guidance that will prevent them from committing crimes. However, some schools have set up mechanisms to monitor the activities of children, particularly those who commit crimes. For instance, the principal of Leyte National High School shares her effort to maintain close contact with other students who inform her of the misdemeanors students may be committing. This allows her to be on top of things. The principal also said that it is important for the school officials to constantly follow up on the children. This allows them to update the parents on how their children are doing. The principal also involves the guidance counselor and the teachers to ensure that the children will get all the help and support they can get. In the event that students commit misdemeanors, the school tries to solve the problem first before bringing the case to the police or the barangay. This helps prevent the children from incurring records with the police or the barangay. Only when they can not solve the problem do they call the attention of law enforcement agents. Sometimes, officials of the Leyte National High School also ask the children to transfer to another school. This, however, may not really solve the problem because this does not assure the child will reform his or her ways in another school. The possibility of the child engaging in the same activities in the new school remains.
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Barangay
The community or the barangay plays a role in shaping childrens behavior. For instance, the existence of drug problems in the community may actually predispose children to drug dependency. In Tacloban City, drug use is not only a problem involving children within the school grounds but also the environs around the school where illegal substances are sometimes peddled in the open. Just as the community influences children to commit crimes, the community may also help prevent children into coming into conflict with the law. Barangay officials from Tarangnan, Western Samar confirm this. Among the factors they said that help curb criminality in their area are the following: close family ties; the familiarity of residents with one another; manageable population level; and the common desire of barangay residents to resolve cases amicably than to resort to the courts.
The Katarungang Pambarangay

The Katarungang Pambarangay, is a local justice body that allows for the settlement of the cases at the barangay level. Out of court settlement could spare children from a jail sentence. This is good as there is really no assurance that jail rehabilitates children. It also spares children from the trauma of a long drawn trial. The Katarungang Pambarangay also decongests the local courts of cases they have to handle.
The government has also instituted mechanisms at the level of the community to help prevent children from committing crimes and help them when they have committed one. These include: The Local Council for the Protection of Children, which is mandated to protect the rights of children; Katarungang Pambarangay, which allows for the out of court settlement of cases of children. In some areas like Tarangnan Western Samar, the Katarungang Pambarangay is already functional. However, there is danger that politics may influence decisions of barangay officials. For instance, a respondent from San Ricardo, Southern Leyte shared that barangay officials have the tendency to side with parents who wield influence in the community.
The attitude of community members towards CICL is important in helping them reintegrate into the community. Stereotyping and negative attitudes are some of the problems faced by CICLs in the community. These make reforming difficult for the children because they have a real impact on peoples actions towards and excpecations of them. They may be avoided by their neighbors and community members, which push them to seek the more accepting company of undesirable elements in the community.
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Some Duties of Social Workers to the CICL

SOCIAL WORKERS WRITE REPORTS and
recommend to the justice system the transfer of a convicted child to a rehabilitation center. They also recommend parents to apply for RORs for their children. Social workers should be skilled in child-friendly ways because this facilitates trust among children. Trust allows social workers to encourage children to recount their experiences. This would be helpful in preparing case studies for their litigation. Given these important roles, much of the future of the CICL particularly lies on the effectiveness of the social workers.
A social worker from the Tanauan RRCY shares the case of inmates from the Rehabilitation Center who jumped fence to buy cigarettes from outside the center. The incident resulted to some residents hurling stones at the Rehabilitation Center. This is because some residents thought the children were peddling and using marijuana. Though the community was fine with the children staying within the boundaries of the rehabilitation center, they harbor unsettled fears on what the children could do when they are back on the streets. The case illustrates how prejudicial society could be to CICL, even those who are willing to reform.
Social Welfare Office

Social workers receive special training in looking after the concerns of CICL. From the time the child is apprehended to the time he goes through trial and then to jail or the rehabilitation center, social workers are the steady companions of these children. Because they have been trained to handle children, they are in the best position to assure that the rights of CICL are protected and that those who handle them do so using child-friendly ways. Although social workers generally carry out their duties very well, there are some who dont. Poor documentation, especially in preparing in-take interviews, and inefficient information-keeping are among the serious gaps existing in a number of the Social Welfare Offices visited by the team. One extreme case of negligence is that of two girls who had to languish in jail for more than two years because their social worker did not follow-up their cases. The girls were supposed to have served a six month jail sentence only. In Tacloban City, only one social worker handles the cases of over 30 child inmates at the Tacloban City Jail. The sheer number of cases to be handled makes it difficult for social workers to give quality service to these children. This is because social workers are expected to visit each child, follow up on their cases, and make sure that their cases are proceeding well. Because social workers are there at every step of the CICLs life in the justice system, respondents from the Social Welfare likewise shared that a strong relationship with the other Pillars of Justice is significant in helping the children. In a way, the social welfare office acts as a conduit or facilitator to make sure that all offices are fulfilling their mandate to protect the welfare of the child.
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Programs of the Five Pillars of Justice
Chapter THREE
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The protection of children should include program that protect and prevent children from becoming CICL as well as program to address their needs when they do come into conflict with law.
An important component in the protection of children is ensuring that there are programs that would help protect and prevent them from becoming CICL as well as programs to address their needs when they do come into conflict with the law. In this Chapter, we survey the different existing or planned programs of the Five Pillars of Justice that have to do with Crisis Intervention, Capacity-building/Training, and Advocacy. These programs are important in that they offer the spectrum of prevention programs and protection programs. Aside from the Five Pillars of Justice, this Chapter also looks into the programs of Plan Philippines and the local government in the study areas. It is important to look into the programs because this could serve as models that can be carried out in other areas.
CRISIS INTERVENTION
Intervention programs help avert crisis especially when the child has already come into conflict with the law. These programs ensure that children are adequately protected from abuse and their rights
are upheld and that they are properly rehabilitated to facilitate their entry into the community after serving time in jail or the rehabilitation center.
Law Enforcement
In Tacloban City, plans are underway to build a center that is envisioned not only as a detention center, but as a halfway house for CICL, street children, and orphans. The detention center will both have a preventive and protective component. Once built, the Center seeks to ensure the welfare of errant and street children by providing them productive activities and teaching them skills they will have use for later. The Center will also ensure that these children would be kept safe from harm and from the influences of bad elements in society. One of the plans is to put up computer terminals in the center where children can learn basic computing skills. The Center can also be a place where CICL can stay while their trial is ongoing. Funding for the construction of the Center was still under negotiation at the time of the research.
Judiciary and Prosecution

When the judges decide on a minors case, mitigating circumstances are always considered such as the child being a minor, whether the child pleaded guilty, etc. This helps the judiciary to assess the appropriate punishment that will be dealt out to children. Although this does not always work as had been discussed in a previous chapter, the fact that this is voiced out by members of the judiciary means there are efforts to make things equitable for children.
BEHIND THE MASK: EXPERIENCES OF CHILDREN IN CONFLICT WITH THE LAW FROM RURAL AND NON-MAJOR URBANJustice Chapter Three Programs of the Five Pillars of AREAS
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In addition, a new administrative court order came out on 16 August 2004 that calls for the conduct of a preliminary conference to hear the case of the CICL. The conference brings together complainants and the accused to explore the possible settlement of their dispute outside court. This is important in that it allows children some leeway and it allows them to possibly avoid a long drawn incarceration in jail. Other options include plea bargaining or amicable settlement.
Corrections
The BJMP in Masbate City offers the Oplan Decongestion program that provides paralegal support system that helps in the necessary paper work to facilitate the immediate release of CICL and adult inmates as well. However, the program does not offer representation in court as this is part of the PAOs responsibility.
Local Government
The Barangay Conciliation Process provides for the settlement of disputes and offenses perpetrated in the barangay. In Tacloban City,
barangay chairpersons preside over the resolution of crimes and violations including those perpetrated by and against minors. If the chairman cannot resolve the issue, the case is brought to the Lupon. If this too fails, the case is then brought to the police and the courts. Although the procedure states that serious cases such as rape must be referred to the police, this is not always followed. A number of officials from Tacloban City, Southern Leyte, Masbate, and Western Samar shared incidents where serious cases perpetrated by children were handled by the barangay through the Katarungang Pambarangay. They justify this by saying that resolving the offense at the barangay-level is better than filing a case and tainting the childs record. As assistance to the local DSWD, a number of barangay officials mentioned that they already have set up the BCPC. However, most of them confess, as in Tacloban, that the Council has not yet reached its full potential. In Southern Leyte, the PSWDO reported that they have implemented efforts to revitalize the BCPC and MCPC to empower the local government units in crisis intervention.
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Welfare elfar Social Welf ar e
The Barangay Conciliation Process

THE BARANGAY CONCILIATION PROCESS can only handle offenses that entail a maximum penalty of imprisonment exceeding one year or a fine of over PhP5,000. These violations include those covered by city ordinances, and regardless if the offense is perpetrated by a child, or an adult.
MSWD officers are responsible for interviewing CICL their parents or CICL, guardians, school teachers or principals in order to prepare a comprehensive case study of the child. They likewise refer the CICL to significant agencies or groups, such as the PAO
to enable the immediate resolution of the childs case. In Milagros, Masbate, the MWSDO runs three emergency assistance programs, namely Family Welfare, Women Welfare, and Child and Youth Welfare in all the 27 barangays of the municipality. The programs and services include counseling, bench sessions or discussions, day care, financial assistance, and relief distribution. The Tacloban City Social Welfare Office runs programs that directly relate to children. These include programs for street children, emergencies, family and community, day care services, and resettlement. Social workers and officers also coordinate with other government agencies and private groups and centers, such as Runggiyan and Pintados Day Care. In 2002, the Southern Leyte Provincial DSWD office established a Crisis Center called Child and Youth Crisis Center. Aside from being a Crisis Center for children, it also provides temporary shelter and medical assistance to adult women. It caters specifically to victims of abuses. Services are available to children in need of protection and those perceived to be at risk. The DSWD social workers also provide counseling for the family, if necessary. This is important in that counseling helps the family deal with the crisis that they and their children may be experiencing and also helps in facilitating the reintegration of their children in their family and the community when they get out of jail.
Though there is no formal program on crisis intervention, student advisers and the guidance counselors handle and resolve the incidents, and give corresponding punishment to children who have committed offenses.
School
School officials from Southern Leyte and Tacloban try to solve problems involving children before they bring the case to the police or the barangay especially if these are minor cases. They solicit the help of the police or the barangay only for serious
offenses such as stabbing or drug-use. Guidance counselors and principals also provide schoollevel counseling to students who commit misdemeanors. Teachers from Daram National High School, Western Samar conduct home visits for children who have been absent for several days.
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IMPROVING CONDITIONS IN JAIL: CORRECTIONS

Although CICL may have committed crimes, this does not mean they lose their rights as children. As children, they are still entitled to their survival, development, protection, and participation rights. Thus,
although they may be in jail, these rights should still be upheld and all the more so because jail time should really be a rehabilitative experience for them more than anything else. This section will show efforts at improving the conditions in jail to ensure the rights of CICL are protected.
Access to Education Programs

In cooperation with the DepEd, the BJMP provided a two-year adult and child literacy/non-formal education program in the municipal jail of Placer, Masbate. The program ended after the first batch of students graduated and has not since been continued.
Detention Facilities Det ention Facilities

To ease decongestion (eight-10 inmates to a jail cell), the BJMP in Placer, Masbate plans to construct more cells in a vacant lot; however, there are budgetary constraints. To accommodate CICL, the BJMP plans to convert the office of the warden to a facility to house children. Through careful watch, there is also an absence of gangs in the jails in Masbate and no records of abuse by inmates of children in the jails in the province.
Health
The City Health Office regularly extends assistance to the BJMP in Catbalogan, Western Samar by way of providing medicine for inmates. Representatives from the City Health Office also regularly conduct visits and inspections, usually twice a month, to check on the health condition of both the adult and child inmates.
CICL are entitled to their survival, development and participation rights. These rights should still be upheld and all the more so because jail time should be a rehabilitation experience for them.
Spiritual Services
The BJMP Catbalogan jail officials allow the entry of religious groups from different denominations to offer spiritual services to inmates. These groups likewise provide counseling services to the inmates. Mass is held twice a month, every Saturday. Different religious denominations, such as the Bible Baptist, Born-Again and Prison Ministry also conduct services for the inmates.
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CAPACITY-BUILDING/TRAINING
The PNP in Masbate has taken a step in the right direction by creating a coordinated WCCD that is expected to improve the reporting system of CNSP in the province
Capacity-building are programs geared for members of the Five Pillars of Justice to better prepare them to handle CICL or to better equip them to help in preventing children from having brushes with the Law.
Law Enforcement
Pulong-pulong or Community Meetings
The Tacloban PNP engages the community in meetings called pulong-pulong. The meetings serve as a venue for the police to educate ordinary folk (head of the families), barangay officials, and children and youth (through the SK) on the law. With this, criminality may be prevented because the public is informed of possible activities that make them criminally liable. People are also informed of possible things that may happen should they commit a particular crime. The meetings also cover the extent of the barangay officials police power, how to create blotters, how to resolve cases, etc. The police also has tie ups with the SK in conducting pulong-pulong for young people. They usually conduct the pulongpulong with young people when the SK has activities like sports festivals, etc.
Child-sensitivity Training
Two batches of WCCD officers of Masbate attended a training and study tour in Davao City sponsored by the UNICEF in 1999 and 2000. As a follow-up to the training, a coordinated WCCD was established in 2004 in all the municipalities of Masbate, with offices in Cataingan, Ticao, and Milagros. The program was formally launched in January 2005. The creation of the coordinated WCCD offices is expected to improve the reporting system of CNSP cases and coming up with a consolidated report at the end of every year. It aims to come up with a master list of CNSP cases in the 14 municipalities of Masbate. More than 100 members of the provincial police force from the city and provincial headquarters, municipal and district detachments have also been trained on child-sensitivity. These trainings include:1) child-friendly police investigation work with CNSP in 2001 and 2003; 2) proper reportage on CNSP; and 3) the Five Pillars of Justice in 2000. On top of this is the Friendly Enforcers thrust of the PNP to enhance the image of the police officers as the kuya (older brother) and ate (older sisters) of CICL. Media personnel were also given training on child-friendly investigation work.
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Seminars and Workshops on Childrens Issues
DSWD Officers in Southern Leyte coordinated with Plan Philippines and the Philippine Association of Social Workers, Inc to hold a seminar on current and relevant issues of children like CICL and children in armed conflict. The PSWDO of Southern Leyte, on the other hand, organized a workshop at Maasin City, with the Vice Mayors, the Sangguniang Bayan Chairman, Barangay or Social Welfare Education and Family Committee on how to prepare ordinances and discussion on the rights of children and related issues.
The DSWD National Office has conducted training workshops on Childrens Rights, Mothers Class, and Effective Parenting Courses (includes modules on Husband-Wife Relationship, and Health issues) and training sessions on RA No. 9262 or the law on AntiViolence Against Women and their Children Act in Southern Leyte, Tacloban City, Masbate and Western Samar.
The Regional DSWD of Western Samar has had programs on making the jails in Western Samar child sensitive. In early 2002, jail personnel of the Western Samar BJMP conducted a half-day orientation on child sensitivity. The Libagon MSWDO, Southern Leyte, on the other hand, conducted trainings and seminars on RA No. 8980 or the Early Child Care and Development Act and RA No. 7610 or the Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act in coordination with Provincial Peace and Order Council. Plans for a Task Force for the protection of children are also underway. The team is envisioned to be composed of representatives of the various sectors in the community, including DepEd representatives and local officials.
Revitalizing the LCPC

PSWDO, Southern Leyte in coordination with Plan Philippines implemented a project in key areas on revitalizing the LCPC.
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REHABILITATION AND INTEGRATION

Among the more important components of ensuring a better future for CICL are programs on rehabilitation and integration. These programs ensure that these children are given
a second chance at reform and becoming productive members of society. Moreover, these programs help assure children will be accepted by their community after they have served time in jail or the rehabilitation center.
Tacloban and Region Eight

CICL, particularly those who have committed heinous crimes, are rehabilitated at the DSWD Regional Rehabilitation Center at Tanauan, Leyte. Those brought to the rehabilitation center may be pardoned upon the recommendation of the social worker if they are found to have reformed their ways. When the child is pardoned, the child is given the chance to start out with a clean slate. However, if the child is found to be recidivist, then the child is brought to jail to serve his full sentence when he becomes an adult.

Municipal social workers provide counseling for CICL. Part of their duty also involves regular home visits and assistance in the referral of cases.
Southern Leyte
The MSWDO or the local government has no formal reintegration program. However, the MSWDO remains a reliable agency that provides assistance to CICL and their families. Through counseling, referrals, and livelihood programs (such as handicraft making and food preservation seminars) for parents, the PSWDO contributes to the rehabilitation and reintegration of the CICL.
The RRCY at Tanauan, Southern Leyte is also directly involved in the rehabilitation of CICL. It facilitates different vocational trainings for CICL on welding, automotive, tablea (chocolate tablets)-making, hog-raising, and hollow blockmaking, as well as workshops on art. With these trainings, children become productive and earn money in the process as well. Interested children are also given the opportunity to continue with their schooling while in the Rehabilitation Center.
The RRCY also conducts a pre-discharge conference with the community social worker and the community members. This conference, which involves the barangay chairman, parents, and the community social worker, helps prepare the family and the community for accepting the child when he or she returns home. Children who have been involved in drug use are brought to the Salag Rehabilitation Center in Southern Leyte.
Western Samar
In Daram, residents have been particularly concerned with women and child-trafficking. Some girl children and women previously involved in prostitution return to Daram after having been rehabilitated in Manila. Former sex workers have been provided with counseling and after-care visits by the MSWDO, as part of its effort to reintegrate them to the community.
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Corrections
Advocacy is an effective tool to make people aware of the plight of CICL, which hopefully will help them more receptive and accepting of them.
The BJMP at the Masbate City Jail offers a vocational training- handicraft-making program aimed to teach inmates skills they may be able to use later when they go back to their communities.
School
In Tacloban, children who commit serious violations or crimes are encouraged to join Brigada Eskwela, a school-based volunteer organization that monitors the activities of students and helps in extra-curricular projects.
There have also been documented efforts in Balud, Masbate where teachers facilitate the reintegration of CICL in the school. The teachers spoke with classmates of the CICL to discourage them from harassing or taunting the CICL.
Local Government
Barangays work closely with other local government units, including the DSWD in rehabilitating CICL in all four areas of study. In Tacloban, for instance,
children who commit crimes are referred to social workers who can assess and recommend a child for counseling or rehabilitation. The DSWD usually shoulders the costs for the childs rehabilitation but other times, the parents are expected to foot the bill depending on the financial capability of the family. It is only through the concerted efforts of the MSWDO, barangay officials, school principals, and even church leaders, that a childs smooth reintegration to the community can be facilitated.
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ADVOCACY AND OUTREACH ACTIVITIES

Advocacy is an essential protective mechanism for the welfare of the CICL. It is an effective tool to make people aware of the
issue, which hopefully will contribute to making people more receptive and accepting of CICL. Hopefully, it will also make people more empathetic of them and would inspire commitment among them to ensure the CICLs rights. Advocacy could also be carried out to help prevent children from coming into conflict with the Law.

The RRCY in Tanauan, Southern Leyte invites community residents to join the founding anniversary of the Center annually. This allows the people to interact with the
child inmates, which may help dispel their prejudicial notions about them. Such interactions have the potential to shatter negative stereotypes the community may have of CICL and enable community members to be more accepting of these children.
Law Enforcement
The Tacloban PNP has a grassroots approach to maintaining peace and order in the barangay. They clustered 10 selected families
in each barangay who serve as informants on crime in their community. In turn, five neighboring barangays are clustered together. This is for the prevention of criminality in the area, including those perpetrated by children. The local Tacloban PNP is also vigorously involved in addressing the problem of drugs. It conducts regular crackdowns against drug pushers and users. This helps in veering children away from possible addiction and involvement in the peddling of drugs. The Tacloban Police Chief reports that they have succeeded in neutralizing at least 85 percent of the drug problem in the area. Tacloban City also has a Community Police Assistance Center (CPAC) that maintains peace and order in every barangay in the city. The CPAC is headed by a police officer who is assisted by barangay officials. In Masbate, the PNP has launched raids against laboratories of illegal drugs such as shabu (metamphetamine). There are also plans to create a group called Task Force Contra Aboso to look into the growing cases of substance abuse, particularly rugby among children, most of whom are out of school youths.
Local Government
Barangay 39 of Tacloban City has an anti-Drug Campaign called Iwas sa Masama that targets people in the community to make them more informed about the drug problem and advocate the stop of drug-use. The
local government also conducts trainings for barangay officials in the Barangay Conciliation Process, to facilitate the resolution of cases within the barangay. The Masbate City government organized the Barangay Unified Force (BUF) to help coordinate operations and cooperation between the various barangays of Masbate City. As part of the training under the BUF, participants were given capability-building workshops and lectures on childrens rights. The DILG of Maasin, Southern Leyte organized seminars on Juvenile Justice for their municipal-level personnel. This is likewise re-echoed to barangay-officials through the Barangay Lupon, as is done in the Katarungang Pambarangay in the municipality of Liloan.
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Ensuring the Welfare of Children
Chapter FOUR
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The Five Pillars of Justice has two important functions. Foremost is to help CICL reform, protect them from the violation of their rights especially when they are already serving time in jail, and ensure their development so as to discourage them from coming into conflict with the law again. The second role has to do with preventing children
from having brushes with the law and the formal criminal justice system. This latter role is as important as the first because this basically answers for childrens basic rights as stipulated in the UN CRC that enjoins the State and their caregivers to uphold the best interests of children and to assure their survival and developmental rights. Moreover, giving equal importance to this and actually seeing this through ensures that no child will come into contact with the Law. The Juvenile Justice and Welfare Act of 2006 is as a clear sign of the Philippine governments commitment to putting forward the rights of CICL. At the same time, it recognizes the importance of prevention programs directed to children. It stipulates that community-based programs on delinquency prevention should be instituted by local government units through the LCPCs, schools, youth organizations, and other concerned agencies. These are meant to ensure: a)
primary prevention measures that promote social justice and equal opportunity and tertiary prevention, which includes measures to avoid unnecessary contact with the
formal justice system and other measures to prevent re-offending.
tackle perceived root causes of offending; b) secondary prevention measures that assist children at risk; and c)
This chapter is devoted to discussing prevention and protection programs that were found in the research areas. It highlights the importance of these programs in ensuring the rights of children and also offers recommendations on how to strengthen these programs. The chapter also shows how these programs can possibly be adopted in other areas
BEHIND THE MASK: EXPERIENCES OF CHILDREN IN CONFLICT WITH THE LAW FROM RURAL AND NON-MAJOR URBAN AREAS Chapter Four Ensuring the Welfare of Children
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THE LCPC, BCPC, AND THE CHILDFRIENDLY BARANGAY PROGRAM

Local laws such as The Child and Youth Welfare Code of the Philippines and the Juvenile Justice Law, mandate barangays to establish the Local Council for the Protection of Children (LCPC). The LCPC is a community mechanism composed of different
councils for the protection of children at various levels such as the municipal, provincial, city, and barangay levels that aims to ensure the proper development and welfare of children in the community including adopting a comprehensive plan on delinquency prevention. On the other hand, the Barangay Council for the Protection of Children (BCPC), which is part of the LCPC, is a local council found in the level of the barangay. It functions as an essential component of the Child-Friendly Barangay Program. The BCPC is concerned with: Promoting the best interest of children; Preparing an annual action plan focused on children, with children participating in this; Monitoring closely the compliance with laws and ordinances on children; Preparing an annual progress report on the situation of children; and Installing a local information system on childrens condition using a particular set of standards or tapping existing systems like the Minimum Basic Needs Information System.
The Local Council for the Protection Children ensures the proper development and welfare of children in the community including adoting a comprehensive plan to prevent delinquency among the youth.
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trengthening BCP CPC LCP CPC S tr engthening the B CP C and LCP C

The LCPC and BCPC play a significant role in ensuring that the community is a safe environment for every child where their rights are protected and upheld. In this way, they contribute to preventing children from coming into conflict with the law. Strengthening the LCPC and BCPC, thus, empowers the residents and local officials in monitoring policies promoting childrens rights and processes. One of these policies is barangay conciliation, which prevents the number of CICL cases from increasing at the municipal level. However, although a mandate exists for the creation of the BCPC, Barangay Councils have the choice not to establish or revitalize them. Thus, not all barangays have organized the BCPC. For those that have already established the BCPC, mechanisms have yet to become fully functional in most local communities. An officer from the Provincial Social Welfare Development Office (PSWDO) reports that the BCPC in most barangays in Southern Leyte are still non-functional. In Maasin, Southern Leyte, the BCPC is operational only when confronted by cases involving children. It tends to be reactive instead of proactive, dealing with particular cases instead of providing a more programmatic response to CICL and other issues. However, efforts are underway to address this by pushing for programs that prevent further increase of CICL cases. In Masbate, plans have been made to link the BCPC to the provincial government through the support of UNICEF and the provincial technical working group organized under the Country Programme for Children 5 (CPC5). This is to build the capacity of barangay captains in handling cases of CNSP. This is also to help them establish appropriate programs on juvenile justice and to working out a diversion plan for children. Interestingly, some Plan Philippines Program Units have actively helped in setting up Municipal Councils for the Protection of Children (MCPC) in a number of municipalities in their area. They have also facilitated the creation of BCPC and have embarked on programs promoting child-friendly barangays. In Tarangnan, although all 41 barangays have BCPCs, a Sangguniang Bayan Member from the community says that only 10 BCPCs are functional, all of which are found in Plan Philippines program areas. This highlights the important role NGOs such as Plan Philippines play in helping make BCPCs functional. The existence of LCPCs does not automatically guarantee the protection of the rights of children. In Gandara, Western Samar, a municipal councilor shares that the MCPC remains non-functional. In some areas, policies, structures, and processes still remain unclear, even to the very members of MCPC or BCPC. For instance, some officials remain confused on the composition of their MCPC. A Vice-Mayor was likewise unaware that his office is one of the members of the local child-protection body.
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HELPING CHILDREN AT RISK

Some children are predisposed to become CICL because their personal, family, and social circumstances may push them to become such. According to
research findings, children who experience the following may be more vulnerable to becoming CICL: being abused, abandoned, or neglected; coming from a dysfunctional or broken family; being out-of-school; being a street child; being a member of a gang; or living in a community with a high level of criminality or drug abuse.
Children at Risk
IT IS IMPORTANT TO COME UP with prevention strategies that target children who are most at risk such as street children, drug dependents, and out-of-school children. Children who work or live in the streets are exposed to different perils. They are vulnerable to being arrested for status offenses such as truancy, running away from home, prostitution, begging, or vagrancy. Hence, street children should be one of the priority targets of any CICL preventive program.
An important caveat though is that these are just predisposing factors, not determining factors in the sense that experiencing these does not necessarily mean the child will certainly come into conflict with the law. Nevertheless, any effort at prevention must take into consideration the fact that living in difficult circumstances bring children to situations and decisions that may bring them to conflict with the law.
Beefing-Up Existing Shelters for Children at Risk

THERE ARE TWO WAYS BY WHICH CHILDREN AT RISK, particularly street children, can be prevented from coming into conflict with the law according to Wernham and the Consortium for Children (2004) and these are:
a) Preventing Street Migration (i.e. preventing children from leaving their homes and communities of origin); b) Preventing First Time and Re-offending (i.e. preventing street children from coming into contact with the law once they are already in the streets).
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Similar prevention programs were found to exist in some of the study areas. In Tacloban, a private group operates a day care center called Pintados with the Social Welfare Office. The day care center targets street children and outof-school youth. At the Center, children up to 12 years old are taught basic literacy, hygiene, and discipline. Unfortunately, no programs are available for teenage children, who may be most at risk of becoming CICL. Budget constraints also limit the number of children they can provide services for.
In Masbate, the Fazenda da Esperana was established in March 2004 as a rehabilitation center for alcoholics and drug dependents. Although Fazenda does not admit CICL, their efforts in working with schools and other institutions help in preventing young people from engaging in drugs. The Fazenda also plans to help handle the problem of street children in the city, particularly those who are addicted to rugby. According to a Provincial Officer of the NAPOLCOM in Masbate City, the city government plans to tap the Fazenda da Esperana to rehabilitate children who have come in conflict with the law, to prepare them for reintegration. The existence of shelters and programs targeting children at risk help prevent children from coming into conflict with the law. They anticipate the risk and establish strategies to reduce opportunities for children to commit crimes or to re-offend. Although the shelters for children at risk do not target CICL directly, their willingness to expand their mandate demonstrates that institutions that aim to help children at risk can be tapped not only to support prevention programs, but to provide direct services to CICL as well. Unfortunately though, limited resources may also come in the way of widening the reach of these programs. Hence, there is a need to ensure cooperative work among different agencies in order to extend their services to the most number of children possible.
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Children Values Teaching Childr en Values Because the family has the primary role of nurturing and rearing children, it plays a critical role in delinquency prevention especially among those who are most at risk.
Children develop their values in the home through the guidance of their family. This highlights the importance of parents being adequately prepared to rear their children. Parents need to be taught how to plan their families, to teach them responsible parenthood, to help them set their priorities, and to train them in supervising their children. This is important in that the lack of parental supervision and proper guidance may predispose children to make irresponsible and harmful decisions. Respondents from various areas believe that values formation is instrumental in addressing problems with children and young people. Keeping children in school, involving them in the community, and improving family relations may veer children away from vices and misdemeanors. In a lot of ways, Plan Philippines has contributed toward this through programs for parents and schools that has allowed parents and children to engage in enjoyable and fruitful activities together.
Promo omoting Guns-in-Exchange-f or-Liv change-for-Livelihood Project Promo ting Guns-in-Ex change-f or-Liv elihood Pr oject
To prevent gangs from coming into conflict with the law, a program on gun control has been enforced in Catbalogan, Western Samar. A respondent from the Western Samar PNP shares that the program encourages gang members to surrender their paltik, dose-dose, knives, arrows and slingshots in exchange for livelihood trainings and projects. The livelihood projects, provided for by the Provincial Technical Education and Skills Development Authority (TESDA), include training on fishpond operation and welding technologies. By equipping children with skills and having them occupied, it is hoped that they will be dissuaded from engaging in criminal activities.
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argeting Problem Targeting the Drug Problem

The possession and use of illegal substances is the most common offense children commit in areas visited by the team. Since it is the most common offense, it is
important to address this issue head on. The local DSWD in Tacloban City embarked on campaigns in hardware stores and similar establishments that sell solvent to ban children from acquiring these substances. However, a Tacloban City Social Worker reveals that few have complied because this could mean loss of profit for business establishments selling these products. In Catbalogan, Western Samar, the Office of the Mayor and the PNP have embarked on an anti-drug campaign directed against drug pushers and users. Through a series of operations, they have reduced the number of drug-affected barangays from 16 to 11, out of the total 57 in the Municipality of Catbalogan. In the municipalities of Southern Leyte, tanods man the streets to dissuade drug use. However, despite the concerted efforts of the police and the local DILG, the efforts have remained unsuccessful. The situation highlights the need to rethink the strategies of the barangay in trying to arrest the problem, which may require more than just making rounds in the community.
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The Importance of Advocacy

Advocacy helps in raising peoples awareness on issues and existing laws connected with CICL. Two of the advocacy programs that were encountered include the pulong-pulong or meetings with young people conducted by the Tacloban City PNP to educate children on their rights and responsibilities and the slogans such as pahinumdum [public reminders] that are put up in schools and barangays, through the assistance and support of NGOs in Western Samar. Both of these programs have served as preventive mechanisms for children coming into conflict with the law. In Catbalogan, resource persons have spoken on topics such as self-improvement and dangers of drug use. The same is being done in Southern Leyte, where a reformed drug addict talks in school assemblies regarding the effects of drugs.
EDUCATIONAL PROGRAMS AND RESPONSES

The Juvenile Justice and Welfare Act mandates educational institutions to work with families, community organizations and agencies in preventing juvenile delinquency and in rehabilitating and reintegrating CICL into the community. Below are some existing, creative prevention programs sponsored by
educational institutions in the study areas.
Plan Philippines and its Advocacies for Children

P L A N PHILIPPINES has helped parents become more aware of the rights of children through its various programs and projects for parents, children, and families. Plans initiative to set up childrens organizations in various areas has also become a venue for children to become active and participative in community affairs. Being active in the community helps veer children away from crime or misdemeanors.
Promoting Free Education for All

A respondent from the Ichon National High School in Southern Leyte shared that the DepEd has outreach projects providing free education through distance learning or home-based studying to children and youth. Although the program has yet to reach more youth, particularly CICL who are being reintegrated into society, the project is an important step in helping children get an education. In Maasin, Southern Leyte, the Provincial Literacy Council has been activated in the municipal and barangay-levels. Sending children to school should involve the concerted efforts of parents, barangay officials, and the entire community because education is not only a crucial step in delinquency prevention, but will most of all promote empowerment of the youth. A number of the key informants and FGD participants in Masbate noted how the presence of Plan Philippines has greatly helped send childrenparticularly indigent childrento school in sponsored barangays.
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Values education and programs that reduce the oppurtunity for children to commit misdemeanors help prevent children from coming in conflict with the laws.
The Role of Education in Preventing Criminal Behavior

Schools play an important role in reducing opportunities to commit crimes. In Himayangan National High School, teachers prepare
reports on the accomplishments and delinquencies of children on a yearly basis for the local government. This keeps barangay and municipal officials upto-date with the situation of children in their area. In Liloan, the mayor meets with local officials, school principals, police and hi-way patrol once a month to discuss town issues, including the problems of the youth. The participation of the school principals in such meetings allow them to share the situation of children and participate in crafting programs that may help prevent children from coming into conflict with the law. The Daram National High School, on the other hand, has set up a system to monitor fraternities to prevent the creation of gangs and fraternities. Classes and course programs such as Values Education and Citizens Army Training (CAT) also incorporate lessons on personal development and values-formation. Teachers in Southern Leyte likewise conduct regular home visits, particularly to delinquent students or absentees. Back-to-School campaigns are also being conducted in Western Samar to encourage parents to send their children to school.
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Promoting Non-Formal Education In Western Samar, non-formal education programs such as arts and practical skills are being organized to promote the right of all children to education. Because not all children are keen to enter or continue
formal schooling, non-formal education programs serve as an alternative for the youth to learn skills they may find useful later on. Skills-training such as cosmetology for females and automotive, electronics, and furniture upholstery for males have been spearheaded by barangay officials, and organizations like Plan Philippines, Couples for Christ, and TESDA. Teachers and social welfare officers in Southern Leyte shared that some children are embarrassed to go back to regular or traditional schooling, particularly after they have stopped for a number of years due to work or lack of parental support. These children are usually given the option to join non-formal education programs, such as vocational training to equip them not only with a new set of skills, but more importantly a positive outlook and a chance to succeed in life. In Tacloban City, the local social welfare office received computers from the Canadian International Development Agency (CIDA). The computers are used for the basic computer education of children and young adults, particularly street children. This serves as an effective way to take young persons off the streets and away from misdemeanors. CICL from Tacloban and Southern Leyte, particularly those at the RRCY likewise benefit from non-formal education programs. They are provided skillstraining and other non-formal education programs that ensure they can learn, as well as start their lives anew.
N on-formal education provides the youth and CICL an alternative venue to learn skills and become productive members of society.
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PREVENTING PHYSICAL ABUSE AND VIOLENCE

Domestic violence or child abuse in the home creates a cycle, which ultimately distorts the childrens view of right and wrong. Children who grow
up in a violent environment and suffer psychological trauma may develop aggressive behavior later on. Immediate effects of abuse include depression, delinquent behavior, self-isolation and manifestation of hyperactivity. Longterm and devastating physical and psychological effects have also been observed such as abused children becoming abusers later on in life. The abused child may develop psychiatric disorders, use prohibited drugs, engage in unhealthy sexual relationships or even end up in prostitution (United Nations 2001), particularly those who have been sexually abused.. This highlights the significance of protecting children from being victims of abuse, violence, or neglect. In cases of domestic violence or child abuse, early and proper intervention for the childrens well-being can potentially spare children from suffering trauma. RA No. 9262 or The Anti-Violence against Women and Children Act identifies and penalizes various acts of violence (physical, sexual, psychological, and economic abuse) committed against women and children. Passed in March 2004, it defines domestic violence as violence committed within or outside the family abode. It also includes threats of battery, assault, coercion, harassment, or deprivation of liberty.
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Under the new law, the barangay can no longer mediate between the abusive husband and the battered wife. This is to protect the abused woman and her children because barangay mediation will not necessarily stop the husband from battering his wife or children in the future. Under the new law, the victims can apply for Barangay Protection Orders (BPO) with the barangay captain or barangay councilor. The victim can also apply for a Temporary Protection Order (TPO) or a Permanent Protection Order (PPO) with a Family Court or any court near the victims residence.
Addressing Domestic Violence through Advocacy

In 2000-2001, Southern Leyte ranked second nationwide for the most number of reported cases of sexual abuse. This has impelled the Southern Leyte PSWDO to advocate on existing laws related to domestic violence. Through these advocacy programs on laws such as RA No. 7610 or the Special Protection of Children against Child Abuse, Exploitation, and Discrimination, the community becomes aware the consequences of perpetrating acts of violence against children. However, programs curbing domestic violence are not always accepted enthusiastically in the community. In Milagros, Masbate, the Sangguniang Bayans ordinance against domestic violence is perceived as one of the reasons children have become stubborn. Thus, there is a need to strengthen the Municipal Peace and Order Council (MPOC) and gather support for information-dissemination campaigns on the relevance of this ordinance. Certainly, local ordinances cannot offer sufficient protection for women and children if policies and programs are not disseminated and promoted. Awareness of human and childrens rights is crucial in ensuring that each one will claim his/her rights, while respecting the rights of others.
Advocating the Rights of Children The effective prevention of domestic violence and child abuse requires people to be aware of the rights of children and women. This is
where organizations such as Runggiyan in Tacloban City play a definitive role. Runggiyan,
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The Importance of the Adequate Implementation of Laws

PROCLAMATION NO. 20, signed by then
President Corazon Aquino on 12 August 1986, promotes the well-being and total development of the Filipino youth and children and to protect them from exploitation, abuse, improper influences, hazards, and other conditions or circumstances prejudicial to their physical, mental, emotional, social, and moral development. RA No. 7610 or Special Protection of Children Against Child Abuse, Exploitation and Discriminatory Act was also enacted during Aquinos term. The more recent RA No. 9262 or the Anti-Violence Against Women and Children Act emphasize the Philippines effort to protect the rights of children. However, there are problems that need to be addressed in implementing these. This is where the groundwork and support of NGOs and other agencies are crucial. These agencies can embark on advocacy campaigns to raise peoples awareness of the issues and available laws and programs curbing violence at home. Seeking to decrease incidences of violence at home is a fundamental step in delinquency prevention given that abuse could be a contributing factor to delinquency among young people.
which means inner force in the local language Waray, works with children and women in the community. It embarks on advocacy campaigns on Reproductive Health, Nutrition, and Childrens Rights. Part of the advocacy includes information dissemination on the sexual and reproductive health and rights of women and female youth. It also guides women and children in decision-making and ensuring ones physical, emotional, psychological, and social health.
An important component of any campaign combatting violence against women and children is the support and coordination of the community. In Malapog National High School the local
DepEd takes charge of filing cases against perpetrators of abuse even without the consent of parents so long as the victim is willing to testify. This is important in that the DepEd lends support to the child and prevents the abuse from continuing. In Western Samar, concerted efforts of the DepEd, SK, DSWD, barangay officials, theater groups, and representatives from the media sponsor activities and programs such as the Orientation on Child Rights and Sexual Exploitation (ORASE) and Adolescent Reproductive Health (ARH). Activities such as theater presentations, musicals, sports, on-the-air broadcasting like the Batang Waraynon, symposia and campaigns of Youth for Christ (YFC) educate the youth on issues involving them. An Anti-Child Abuse campaign in the province has likewise been organized through the BCPC, SK, DSWD, NGOs, and youth organizations.
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LOCAL ORDINANCES AND PROCEDURES FOR THE PROTECTION OF CHILDREN

Local government units are responsible for enacting ordinances and legislations that promote the development and protection of its constituents including children, and facilitating the delivery of services from the government.
Ordinances to protect children exist in the study areas. For instance, laws on banning illegal gambling, drugs, and the sale of liquor or alcohol to minors have been enacted to protect children from vices and misdemeanors. In Southern Leyte, some ordinances require parents and guardians to send their children to school at least to complete the elementary years. Breaking the ordinance entails punishment of the negligent parent. However, majority of the ordinances have to do with enacting curfews to prevent children from roaming the streets at night. This is under the pretext of protecting children from being influenced by negative elements in the community. Although these ordinances have been enacted, there is still a lot to be desired in their implementation in most areas. Interestingly, in some areas like Western Samar, community members no longer see the need to implement laws on curfews because people know each other well and children are not wont to break the ordinance. While there is a curfew law In Tacloban City, residents shared that implementation of the Curfew Ordinance in the city is inconsistent: only children in barangays near the poblacion follow the ordinance, as implementation in farflung areas is rather lax. In Maasin, Southern Leyte, barangay ordinances that ban children within the radius of 150 meters of gambling areas have also been put in place. Children who violate this are apprehended by the Barangay Council or barangay tanods and [are required to] pay a fee of PhP50.00. Unfortunately, the implementation has not been as effective especially when the children gamble with their families or the children are relatives of barangay officials. There is also an existing ordinance against vagrancy, but much like in other cities, street children continue to beg for food and money around the poblacion.
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The Philippines has enacted adequate national policies and laws on children, including local ordinances advocating the welfare of children. The problem lies with their implementation and monitoring. The PREDA Foundation, Inc. fully agrees that the country has been in the forefront of Human Rights promotion, particularly in terms of legislation but has regrettably fallen short of expectation when it comes to implementation.
Look into Anti-Vagr agrancy Curf Ordinanc dinances A Closer Look int o Anti-Vagr ancy and Cur f e w Ordinanc es The enactment of curfews for children was intensified during the term of President Gloria Macapagal-Arroyo following the launch of her anti-crime campaign in early 2003. As part of the campaign, the PNP coordinated with the 17 city and
municipal mayors of Metro Manila to implement a curfew on minors. Strict curfew laws have also been implemented in the cities of Olongapo, Davao, and General Santos. Police officials report that crime incidents in these cities have dropped significantly following the implementation of curfew. However, previous studies note that ordinances on curfew leads to problems. This is because there are few drop-in and processing centers where these children could be housed. With this, children who are arrested are placed in jails together with other adult inmates (Lamberte 2002). Abuses by law enforcers during apprehension and detention have also been documented, even though many children were just victims of circumstances. Moreover, some policemen fail to explain to children the reason for their arrest. Curfew laws are more punitive than protective. Although the Anti-Vagrancy Law was imposed to protect children from the perils of the street at night, certain procedures and experiences may pose a greater risk on the children of being physically and sexually abused by arresting officers or by adult inmates. Also, the very reason they get apprehended mirrors an existing distortion in society: in the first place, curfews do not really address the root causes why children are out at night. Programs would only be effective if the root causes are properly addressed.
Emerging Good Practices (Balanon, Yacat, and UP CIDS PST 2003) chronicles the experiences of an organization called Kaugmaon that sought to address the issue of curfew in Davao City, while upholding the Best Interest Principle. Kaugmaon worked with a Barangay Councilor to push for an alternative to putting children in jail for violating the curfew ordinance. Instead of bringing the children to the police, the barangay patrols accompany the children back to their homes.
Through a signed Memorandum of Agreement (MOA) with various barangays, Kaugmaon has likewise solicited the support and cooperation of various barangays to the NGOs programs and services. This MOA resulted to a decrease in the arrest and abuse of children by barangay patrols.
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Bey Policies Going Be y ond Policies There is an existing gap between enactment and enforcement of laws. This emphasizes the urgency for an institutionalized
monitoring or surveillance system, on top of regular assessment of policies related to family and childrens welfare (CWC, No Date) that would ensure laws are properly implemented. Without support and proper implementation, local legislation remains only on paper. There is also a need for greater information dissemination, awareness campaigns, social mobilization, and advocacy efforts to ensure the successful implementation of local and national policies or programs. Coordination and collaboration between the government, civil society (NGOs and POs) and the citizenry/community should also be of primary concern because no single sector can ensure the adequate protection of children. It would always entail cooperation among different stakeholders. The Five Pillars of Justice and all concerned agencies and institutions must also involve children because childrens participation would ensure their needs are properly addressed.
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Media and the Juvenile Justice Law

THE JUVENILE JUSTICE LAW recognizes the role of mass media in promoting child rights and delinquency prevention by relaying consistent messages through a balanced approach. In all publicity concerning children, the best interest of children should be the most important concern.
TAPPING THE MEDIA

Numerous participants shared their belief that media can negatively influence children. They single out films that glorify pornography or lawbreakers such as the
bad boy characters portrayed by popular actor Robin Padilla. Participants link stories they see in media to real life, saying that CICL could likewise be victims of violence themselves. However, there are still debates on the real effects of media and whether it actually influences children to commit misdemeanors or crime. Some Plan Philippines officers believe media does not necessarily lead children to a life of crime. An important learning here is the need for parents to supervise their children adequately when watching television or films or using the internet and to explain to them sufficiently the concepts of right or wrong. This fear of the media and its supposed impact on children and violence is based on the reality that media is powerful. This power may be used to the detriment of children, or for uplifting their condition and upholding their rights.
Child-Friendly Efforts Work Child-Friendly Ef f or ts in Media Work

One of the more important responsibilities of media is to ensure the protection of the rights of children. In the case of CICL this includes protecting their anonymity. The CICL,
MSWDO of San Ricardo, Southern Leyte and Western Samar shares that children remain anonymous in news reports. They credit this to media practitioners having been trained on child sensitivity. This is important because the Juvenile Justice Law calls for the maintenance of critical and professional standards in covering the cases of children and CICL. A similar training on child sensitivity has been given to media practitioners in Masbate City, according to a Provincial Officer of the NAPOLCOM. However, there are isolated cases where media has not been as sensitive. One such story involves a group of media who took pictures of CICL when journalists visited the Masbate City Jail. Although the media personnel asked permission from the jail warden and the children to take their photographs to which they agreed, the children were asked to have their pictures taken behind bars. Media is responsible for showing or writing only the truth. In that instance, the photo did not truthfully portray the conditions in the Masbate BJMP Compound. This is because detained children at the Masbate BJMP can freely walk in the compound and do not stay in the jail cells except at night to sleep.
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YOUTH AND LIVELIHOOD ORGANIZATIONS

Youth and livelihood organizations provide activities to children. It allows them to keep occupied with relevant and productive
activities that may help prevent them from coming into conflict with the law.
Promo omoting Par ticipation through Youth Groups articipa Promo ting Child Par ticipa tion thr ough Youth Gr oups Youth organizations in the study areas have been set up by schools and barangays or through Plan Philippines assistance.
These organizations ensure the participation of children in community activities and helps children become productive and busy, leading them away from bad influences of peers or other community members. Groups that have been set up through the help of Plan Philippines have been active in promoting childrens participation in various activities of the community such as the formation of childrens and youth groups in the community.
The Role of Religious and Civic Organizations

The Catholic Church has set up religious and civic organizations for children and teenagers in some of the areas.
These groups have contributed to preventing the formation of gangs and fraternities in Catablogan, Western Samar. Through the Gawad Kalinga (GK) program, the Couples for Christ (CFC) and Singles for Christ (SFC) actively work with families, communities, and children. The CFC and SFC also organized the SIGA (Serving in Gods Army), a group composed of out-of-school youth and members of fraternities and gangs who want to start a new life. Their success stories include two former notorious gang members who have become SIGA facilitators and the scores of SIGA members who now study as GK scholars.
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Childrens Participation and Delinquency Prevention

ARTICLE 12 of the UN CRC lays down the rights of children to participate and be involved in decisions affecting them. Consistent with this, the Juvenile Justice Law upholds that community-based programs on delinquency prevention shall be instituted by the local government units through the LCPC, schools, and other concerned agencies or institutions; it also emphasizes the role of youth organizations in delinquency prevention. Plan Philippines has been active in setting up childrens organizations all over the Philippines that promote childrens participation and the protection of their rights to give children the venue to participate in meaningful and relevant activities for the community. Empowering the youth to form groups and organizations lead them to ultimately defend their rights, support the needs of other youth, and advocate issues concerning them. It facilitates unity for a common stand towards social reform, in this case, a common voice in programs addressing juvenile delinquency.
The GK uses a four-pronged approach for SIGA involving education, health, livelihood, and shelter. The SFC has chosen to do some intervention work with gang and fraternity members in 2003 after skirmishes in Catbalogan among gangs. The SFC decided to help the gang members to provide a better alternative to their violent lifestyle. When the SIGA members attain spiritual growth, they are reintegrated to the SFC, further deepening their spiritual life, restoring their dignity as human beings, and helping them become peaceful members of the community. The program also taps parents of these young people. This serves as a factor in the recovery and reintegration of these gang members. By including the family in the healing process, the CFC helps CICL gain important support from family members, which help facilitate their smoother reintegration into society. The GK has also organized age-bracket specific groups: SIBOL (children ages from three to six years old, kindergarten and pre-schoolers) and SAGIP (children ages seven to 12). The SFC conducts educational assistance and supplementary-feeding for both these groups and offers free housing for students based in far-flung barangays who study in Catbalogan. SIGA, SIBOL, and SAGIP, and Tatag Homes (the shelter program for GK indigent families) form the GKs four-pillar program that is veering children away from a life of crime. The GK Provincial Director said that the CFC has also initiated a contribution drive in cash or kind called padugo to support the four pillars of the program. As of April 2005, the GK was sponsoring eight college and 33 high school students.
The Sangguniang Kabataan

The Sangguniang Kabataan is a local and national government organization that ensures youth participation in the community. Republic Act No. 7610 requires each
barangay to have an SK that will promulgate resolutions relevant to the youth; initiate programs designed to enhance the social, political, economic, cultural, intellectual, moral, spiritual, and physical development of young people; hold fund-raising activities for their projects; create committees that will effectively carry out its programs and activities; consult and coordinate with youth organizations in the barangay for policy formulation and program implementation; coordinate with the appropriate national agency in implementing youth development projects and programs at the national level, among others.
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RA No. 9344 or the Juvenile Justice and Welfare Act, states that the Sangguniang Kabataan (SK) shall coordinate with the LCPCs in the formulation and implementation of delinquency prevention and diversion programs in the community. This indicates and emphasizes the role of the SK in organizing programs to lead children away from criminal behavior. A local official from Barangay Cabutan, San Ricardo, Southern Leyte shared the efforts of the local SK in organizing basketball leagues that keep children busy and keep them from becoming istambays (idle individuals). However, not all SKs actively carry out their duties. SKs in some areas have been criticized for being inactive or for not coming up with relevant programs for the youth.
Youth Groups and the Promotion of Childrens Rights

YOUTH GROUPS CAN ACT as representatives of the youth in local government processes. This helps ensure that the LGUs provide appropriate services to children. They can also ensure that all decisions in the community stands for the best interest of the children in the community.
Promoting Cooperatives and Livelihood Organizations

Livelihood opportunities keep children busy, preventing them from committing crimes, while giving them a source of income. In Liloan, Southern Leyte, a teacher from
Himayangan National High School has organized a number of livelihood cooperatives to provide a source of income for the youth and their parents. It has set up the Young Entrepreneurs Cooperative, the Himayangan Mariculture Operators Association, and Bonbon Islang Livelihood and Marine Association. These programs have received assistance from Quedancor, a semiprivate credit company that gives financial assistance to small and medium scale entrepreneurs. Instead of roaming the streets at night, Himayangan National High School students raise bangus (milkfish). The livelihood serves as both a pastime and a viable source of income for the children and their family. The groups are currently raising around PhP250,000 for Liloans entrepreneurs through the help of Plan Philippines Program Unit Southern Leyte and the local government. They have existing plans for livelihood programs for parents and other school-based cooperatives. In Western Samar, though there are very few organizations focused on children, they have NGOs that provide livelihood programs. According to a respondent from the Western Samar PSWDO, the Western Samar Livelihood, Samar Island Biodiversity Program, and the womens group Kusog Samarnon are potential organizations to tap in any CICL prevention program. Although these NGOs have no components in their program specifically for children, they could be trained and made capable of contributing to prevention efforts in their respective communities.
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A Framework for the Prevention and Protection of CICL
Chapter FIVE
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Lahat ng tao dito sa mundo May karapatang magbago Gaano man kalaki kasalanan nito Kaya ang mga CICL Ating tanggapin at huwag nating kutyain
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- Poem written by Christopher Rivera, from Tagpu, Mandaon, Masbate at the end of the Validation Workshop with Plan Philippines children in April 2004.
Reading Christophers simple but very meaningful poem may inspire us to ask: Can we honestly accept children who have come into conflict with the law? Just as important a question, but
perhaps even harder to answer, is translating these words into concrete action and programs. The previous chapters provide an overview of the situation of CICL and the juvenile justice system in the provinces of Masbate, Western Samar, Southern Leyte, and in Tacloban City. While the problem of CICL in these areas has not reached the proportions of CICL in urban centers such as Manila, Cebu, or Davao, nonetheless, data from the field indicates that there is an emerging need for a rights-based and participatory program for the prevention of CICL and protection of children. In this Chapter, we present the assessment of the main achievements and challenges in the prevention and protection of CICL. We also present a programming framework and possible intervention strategies in the Five Pillars of Justice to ensure that the rights of CICL are respected and upheld.
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Every person in this world Has the right to change No matter how large their sin So we should accept CICL And not sneer at them.
BEHIND THE MASK: EXPERIENCES OF CHILDREN IN CONFLICT WITH THE LAW FROMPrevention NON-MAJOR URBAN AREAS Chapter Five A Framework for the RURAL AND and Protection of CICL
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MAIN ACHIEVEMENTS IN THE PREVENTION AND PROTECTION OF CICL

Understanding Awarenes of eness Unders tanding and Awar enes s o f Juvenile Justice and CICL
There are efforts from the Five Pillars of Justice to increase knowledge about the juvenile justice system and the issue of CICL. In the study areas, members of law enforcement agencies, corrections, social welfare, and the judiciary shared having attended childrens rightsbased trainings. For example, the police and jail management personnel are aware of the rights of children. They have also attended sessions conducted by their respective chiefs to: a) update the them on laws; b) train them properly in handling criminals including CICL; and c) update them on issues and topics they need to learn as law enforcement agents or jail guards and personnel such as child-sensitivity, crime prevention, and juvenile justice. In cases where materials on CICL and new laws are either scarce or difficult to access, some people in the Five Pillars of Justice have had the initiative to self-study. In cases where formal avenues of sharing of information in the form of trainings are restricted due to logistic or budgetary constraints, people who have received training have resorted to sharing information informally. At the provincial level, there are efforts to discuss issues involving children and childrens rights among the different stakeholders in the Five Pillars of Justice. There are efforts to facilitate coordination among the different pillars of justice to ensure that the rights of children including CICL are protected.
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To ard At titudes To ward CICL

There is a genuine concern for CICL. In fact, some members of the Five Pillars of Justice even go beyond their duties, sometimes, digging from their own pockets, to ensure the well-being of children under their care. Interviews with community members and people in the juvenile justice system are punctuated with promptness, selflessness, and dedication in caring for children who have come into conflict with the law. Among respondents, including children participants, there is a great degree of openness about using the term CICL instead of juvenile delinquent or youthful offender. There are participants who believe that the use of terms and labels is important because the labels actually tell of what people think of the children who commit crimes. By calling a child a delinquent or a youthful offender, the guilt of the child is already assumed.
Existing Programs and Responses to CICL and Conflict Resolution Mechanisms

The Katarungang Pambarangay is operational in the study areas visited by the team. Although there is an absence of data as to how fully operational and how successful this mechanism is in the barangays, childrens cases are already settled through this mechanism. However limited, active steps are being undertaken by the law enforcement and corrections to separate child inmates from the adult inmates in the jails visited by the research team. Also, despite limitations in budget, there are also measures to provide medical care and other services to CICL. There is positive action among people in the Five Pillars of Justice to lessen the period of detention and expedite the cases of children who have come into conflict with the law. There is a growing acknowledgement of the need to combat the rise of criminality, and take action in the study areas. The LGUs have stepped up efforts to prevent criminality in their areas through various means.
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Readiness of the Community to Launch a Prevention and Protection Program

In cooperation with government agencies, and international agencies such as Plan Philippines and UNICEF, there are current and growing efforts in the study areas to revitalize or strengthen legal institutions for the protection of children, particularly the BCPC and the MCPC. There are actions to maximize the role of the school, formal or non-formal education, and recreational activities in reducing opportunities for children to commit offenses. In Southern Leyte, for example, a Provincial Literacy Council has been activated and strengthened at the lower levels of government. The presence of Plan Philippines has greatly helped the children and families in their sponsored barangays and one such program undertaken is the education for children of indigent families. There are positive and concerted actions to advocate the rights of all children through the help of local councils, media, church groups, NGOs and GOs. Although not targeting CICL directly, advocacy about childrens rights has a clear impact on prevention of and response to CICL. Good practices and responses abound from NGOs, sociocivic and religious organizations, the private sector, and the media in CICL prevention, reintegration, and the promotion of a child-friendly community. Some examples of such good practices and responses include: a) The Runggiyan in Tacloban City, which actively advocates for Reproductive Health, Nutrition, and Childrens Rights at the barangay-level; b) Religious and civic organizations, which have been integral in solving the phenomena of gangs and fraternities in Catablogan, Western Samar. Through the GK, the CFC is actively working with the families and communities of children and young people who had been involved or are still involved in the fraternities or gangs in the municipality.
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Although shelters for children at risk, such as the Fazenda da Esperana in Masbate and the Pintados in Tacloban City do not directly address the needs of CICL, their willingness to expand their mandate demonstrates that these institutions can be tapped not only to support prevention programs, but to cater to CICL as well.
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MAIN CHALLENGES IN THE PREVENTION AND PROTECTION OF CICL

Unders tanding and Awar enes s o f Understanding Awarenes of eness Juvenile Justice and CICL
Lapses in the administration of juvenile justice have been noted. Although the law specifically mandates that CICL to be brought for medical and psychological check-up, it is not standard procedure for PNP stations in the study areas to bring the CICL to health facilities for check-up. Interestingly, many of the inconsistencies in the administration of juvenile justice stem from the lack of knowledge, understanding, and awareness of the system. It also has to do with poor coordination between the various pillars of justice or even the lack of funds. Despite efforts to increase knowledge about the juvenile justice system and the issue of CICL, there are still members of the law enforcement, corrections, social welfare offices, prosecution, and the judiciary who have not received formal training on handling the cases of CICL. There is also indication that some people in the Five Pillars of Justice have not been equipped enough by such trainings to handle children. Thus, the consistency and spread of knowledge and understanding leaves much to be desired. As such there is the need to increase their understanding and awareness on these issues. There is still the need to level off on the terms used for children who have come into conflict with the law. Some of the respondents and documents collected by the team still use terms such as juvenile delinquent and youthful offender.
To ard At titudes To ward CICL

CICL are vulnerable to stereotyping. Residents in the community may still have fears and prejudices against the children who have been released from jail and the rehabilitation center. There are unsettled fears on what CICL will do when they are back on the streets.
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Existing Programs and Responses to CICL and Conflict Resolution Mechanisms

While there are efforts to improve living conditions in the jails, the set-up in a number of the jails visited by the team indicates violations against international laws, such as the UN Rules for the Protection of Juveniles Deprived of Liberty. Despite active steps to separate the children from adult inmates, interaction is still possible in most jails. There are no separate facilities for children (only separate cells with contact between adult and child inmates still possible), and no separate facilities for girl CICL in all of the places visited. The passage of curfew ordinances on children presents the need to ensure that local ordinances promote the best interests of children. LGUs in the study areas all maintain that imposing a curfew is ultimately for the best interest of the child. Yet a closer look on curfew policies shows they can defeat the purpose of protection and may even be detrimental to the children, given the possibility of abuses by the police or barangay tanod. While the settlement of cases involving children through the Katarungang Pambarangay prevents the entry of children into the criminal justice system, there are reports on inconsistencies in its administration. This includes the settlement of rape cases, which are already outside the scope of the Katarungang Pambarangay. The role of politics has also undermined the functions of the Lupong Tagapamahala. As in the case of a town in Western Samar, people still prefer to bring their complaints to the police due to their perception of the highly politicized nature of their barangay government system.
Readiness of the Community to Launch a Prevention and Protection Program

The potential and participation of the SK in advocacy work for CICL prevention and child protection appears to be left unutilized in the study areas. The role of the SK appears to be largely limited to organizing basketball or sporting leagues during the summer vacation, as a number of children have nothing to do and resort to loafing or loitering in the community.
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THE ROLE OF CHILDREN IN ADVOCATING FOR THE RIGHTS OF CHILDREN AND CICL
Children Eff orts for Self-Awarenes en eness Childr en s Ef f or ts f or Self-A war enes s and Av oiding Of f enses Av Off The youth has the role to participate and be aware of community activities. Participating in symposiums and counseling can serve
as ways by which children can learn about CICL issues and Child Protection. Children in the four visited areas realize their role in promoting their rights and the rights of those who have come into conflict with the law. Children from the Pintados Day Care Center shared their personal efforts to avoid illegal drugs and committing offenses despite seeing other children sniffing rugby and stealing in the streets.
Hindi ako magnanakaw dahil masamang magnakaw, sasabihin ko rin sa mga kaibigan ko na masamang magnakaw.
(I am not a thief. Stealing is bad. I will tell my friends that stealing is bad. I will avoid drugs.)
Danny, Tacloban City
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CICL Road to CICLs Road t o Change The children from the RRCY shared their efforts to change.
Having committed offenses in the past, they promise to avert from their unlawful ways and practice self-control once released. However, they realize that the influences of the community can be very strong; hence, they pray they will remain resolute in starting a new life. They disclosed how they will share their experiences in detention and rehabilitation to their siblings and old friends to encourage change in other peoples lives.
Helping Other Children and CICL
Ako ay magbabago hindi lang sa salita kundi sa gawa. (I will change not only in words but also in deeds.)
- Dennis, RRCY, Tanauan, Leyte
The children shared that they can help CICL by being a friend to them. Youth participants from Masbate shared:
Bigyan sila ng isa pang pagkakataon. (Give them a chance.) Unawain kung bakit sila naging CICL. (Understand why they became CICL.) Bigyan ng pagkakataong maipakita ang kanilang pagbabago (Give them the opportunity to show they have changed.) Tanggapin ang mga CICL at huwag silang layuan, katakutan at gawing katatawanan. (Accept CICL, dont avoid them, dont be afraid of them, and dont laugh at them.)
These statements show the childrens recognition that CICL should be treated with respect and dignity; CICL should be given an opportunity to change. Children from the Pintados Day Care Center in Tacloban likewise shared that they will talk to their friends who have committed an offense to encourage them to renew their lives. Though young children (aged nine to 13 years old), they realize that CICL are children who merely committed a mistake and who deserve to be heard.
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Par ticipation articipa Adv dvocacy Efforts Child Par ticipa tion in A dv ocacy Ef f or ts and arenes eness-Raising Progr ograms Aw ar enes s-Raising Pr ogr ams
The youth participants of Southern Leyte emphasized the value of joining youth organizations. They shared that by becoming an advocate of childrens rights and responsibilities, children can help in advancing the welfare of CICL. They plan to have a theater production to retell the stories of CICL: from committing an offense, to their apprehension, detention, ROR, trial, and even rehabilitation. The children participants hope to demonstrate good practices, as well as inform the community of the situation of CICL, emphasizing that despite being in conflict with the law, they still have rights that must be promoted and needs that should be addressed. The children from Western Samar likewise realize the role of the youth in disseminating information on the rights and needs of CICL. Through school publications, theater arts organization, children celebrations and radio broadcasting, the youth hopes to advocate childrens rights, while informing the community of the present situation of CICL.
Maging bahagi ng pagbabago ng lipunan at i-promote ang awareness ng kabataan sa kanilang rights and responsibilities.
(To take part in changing society and to promote awareness of childrens rights and responsibilities)
- Jenny, Southern Leyte
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A PROGRAMMING FRAMEWORK FOR THE PREVENTION AND PROTECTION OF CICL

The following framework seeks to provide a guide for Plan Philippines in programming
Plan Philippines Country Program Child Protection / JJ Protecting Children at Risk Country goal: Incidence of Abuse, Neglect & Exploitation of Children Reduced CICL and children at risk have access to basic social services LGUs, NGOs and CBOs implement and enhance a Community Diversion and Community Reintegration Program for CICL Plan Philippines program areas organize efforts for training and capacity-building of stakeholders Enhancing the protection of CICL through advocacy and awareness-raising to government, NGOs and other stakeholders. Advocacy materials on child rights and child-related laws are disseminated in the community. Youth groups are active in promoting CICLs welfare through awareness-raising programs, such as theater productions. Strengthening the capacities of BCPCs to implement a diversion and reintegration program BCPCs Revitalizing to handle CICL and childrelated cases An information system on JJ and CICL issues has been set up in pilot BCPCs.
UPHOLDING THE RIGHTS AND WELFARE OF CHILDREN IN CONFLICT WITH THE LAW
Five Pillars of Juvenile Justice adhere to their commitments and responsibilities to promote the rights and welfare of CICL Adequate knowledge base and proper documentation on the situation of CICL and children at risk Expanding the knowledge base on CICL (from apprehension to reintegration) through proper documentation of good practices and CICL cases. Concerned institutions crosscheck documents and information gathered to ensure accuracy and avoid redundancy in data and services. LGUs institutionalizing a Diversion and Reintegration Program for CICL in partnership with civil-service organizations Diversion and Reintegration Programs facilitate the communitys acceptance and recognition of the rights of CICL. CICL are given more opportunities for change through effective Diversion Programs, instead of formal court proceedings.
Inter-agency coordination among government and non-state actors Expanding timely and adequate access to basic services for CICL and children at risk Conditions of detention and rehabilitation centers are improved. Efficient legal assistance provided for the CICL facilitating speedy resolution of cases.
Plan Philippines supported areas initiate advocacy and community awareness-raising projects Reaching out to CICL and children at risk by building capacities for service delivery and advocacy of LGUs and NGOs Trainers training sessions have been organized to equip government and NGO representatives in handling CICL cases. Regular meetings of stakeholders and community representatives significantly improve collaboration and service delivery.
Ensuring the welfare and protection of CICL and children at risk by empowering community and peoples organizations in Plan Philippinessupported areas Youth organizations and CBOs have organized services and projects promoting the rights and welfare of CICL and children at risk.
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Issues Pos ossible Inter erv Str tra (Five Main Is sues and Pos sible Int er v ention S tr a t egies (Fiv e Pillars)
Main Gaps or Issues Key Questions ossible Pre Pos sible Pre v ention and Protection Strategies ossible Indicat Pos sible Indica t ors
Law Enfor orc Law Enforcement (PNP, FJGAD, WCD)

Non-observance of rules and processes in arresting CICL - Abuse, mishandling of CICL during arrest (e.g. children are handcuffed, beaten) - Arrest without warrant - Case not referred immediately to the social worker - Child not referred immediately for medico-legal attention - non-application of release on recognizance when in fact it is applicable Are the law enforcers aware of the rights of CICL (UNCRC, Riyadh Guidelines, etc)? Are the law enforcers aware of national and local policies and rules affecting CICLs? How would you assess the coordination between law enforcers and social workers? And Health authorities? Regular training for law enforcers on childrens rights, particularly on rights of CICL and the juvenile justice system; ensure continuing education Documentation and monitoring of cases of arrest involving children Coordination: MOA between the lawenforcers and government health centers; where beneficial, MOA between law enforcers and trained private medical physician Number of police enforcers who participated in training on childrens rights; trainings conducted on a regular basis Number of reported cases of abuse of CICL during arrest (increase or decrease), Qualitative reports of CICL about their experience of arrest and detention Number of arrested CICL should equal the number of CICL handled by government social workers and health authorities Number of CICL needing medical treatment given proper care
Lack of sensitivity in handling children - Interrogation instead of facilitation - Children are treated as criminals - Not friendly
How are CICLs treated by law enforcers during and upon arrest?
Training programs to focus not just on knowledge and skills but equally on a reflection of attitudes towards children, particularly CICLs
Number of training programs and reflection sessions conducted and the number of participants Number of people reached by community awareness programs
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Main Gaps or Issues
Key Questions
ossible Pre Pos sible Pre v ention and Protection Strategies

Community awareness program (e.g. posters, billboards, radio plugs) promoting CICL as victims rather than as offenders Develop and disseminate ethical guidelines in the handling of CICL
ossible Indicat Pos sible Indica t ors
Number of police personnel who have received ethical guidelines in tha handling of CICL Qualitative feedback from police, community, and CICL
Lack of trained police staff (understaffed) and equipment for proper and sensitive police work
Given the limitations, how are police staff able to carry out their functions? Are such limitations contributing to the non-observance of rules and processes in arresting CICL? Does the local government provide or address these limitations? Can any counterparts be given by the LGUs?
Regular training for incoming law enforcers on childrens rights, particularly on rights of CICL and the juvenile justice system; ensure continuing education Develop and disseminate flowcharts explaining how the different pillars of justice operate and should coordinate
Number of new police enforcers who participated in training on childrens rights, the juvenile justice system trainings conducted on a regular basis Number of police personnel who have received flowcharts
Poor documentation work and inefficient storage of information in police detachments and stations
Do the stakeholders handling CICL cases keep record and compile their figures and information? Is there a system of sharing information among the concerned offices and organizations? Is there a specific group/institution in the community, which has all the CICLrelated information from all offices?
Regular capability-training sessions for jail management to facilitate efficient documentation and coordination among the levels provincial, city, municipal Compilation of information on CICL cases Creation of an information management system and database for CICL
Number of police personnel who actively participated in the training sessions
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Main Gaps or Issues
Key Questions
Prosecution
Lack of trained PAO personnel staff (understaffed) and equipment
How are CICLs treated by PAO and private lawyers/prosecution during trial? Given the limitations, how are the PAO lawyers able to carry out their functions? Are such limitations contributing to the non-observance of rules and processes in arresting CICL?
Training programs to focus not just on knowledge and skills but equally on a reflection of attitudes towards children, particularly CICLs Regular training for PAO lawyers and personnel on childrens rights, particularly on rights of CICL and the juvenile justice system; ensure continuing education Community awareness program (e.g. posters, billboards, radio plugs) promoting CICL as victims rather than as offenders Develop and disseminate ethical guidelines in the handling of CICL Develop and disseminate flowcharts explaining how the different pillars of justice operate and should coordinate
Number of training programs and reflection sessions conducted and the number of participants Number of people reached by community awareness programs Number of public and private law practitioners who have received ethical guidelines in tha handling of CICL/flowcharts
Corrections
No separate facilities for adult and children detainees Given the lack of separate facilities, how are the children being accommodated in the jails? Regular training for jail management personnel on childrens rights, particularly on rights of CICL and the juvenile justice system; ensure continuing education Number of training programs and reflection sessions conducted and the number of participants
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Main Gaps or Issues
Key Questions

Training programs to focus not just on knowledge and skills but equally on a reflection of attitudes towards children, particularly CICLs and the need to separate them from adults and the special needs of girl CICLs Community awareness program (e.g. posters, billboards, radio plugs) on the conditions faced by children in jail Creation of minimum standards for detention facilities for CICL
Are the children kept separate from the adult inmates at all times? If not, how can we lessen the childrens interaction with the adult inmates? Is the jail management capable of handling cases of girl-CICL? Does the local government provide or address these limitations? Can any counterparts be given by the LGUs?
Number of people reached by community awareness programs Number of jail personnel who have received ethical guidelines in tha handling of CICL Number of areas with separate facilities for CICL, and number of those able to meet minimum standards
No clear safeguard in preventing abuse by adult inmates and older boys on younger children in jails
What can the jail management do to prevent such abuses from happening?
Documentation and monitoring of cases of abuse inside the jails Reflection sessions of attitudes among adult inmates towards children, particularly CICLs
Number of reported cases of abuse of CICL by older children, young people and adults in jail (increase or decrease) Number of inmates who attended the reflection sessions
Prison conditions violate international and national laws
How do you assess the living conditions in the jail? [Ex. Is there potable water? Are there any sanitary facilities?] Are the jail guards and corrections personnel aware of the rights of CICL (UNCRC, Riyadh Guidelines, etc) and international and national laws and memoranda concerning juveniles deprived of liberty?
Regular training for jail management personnel on childrens rights, particularly on rights of CICL and the juvenile justice system; ensure continuing education Regular inspection by health or sanitation offices Coordination and provision of medical services: MOA between the correction management government health centers;
Number of training programs and reflection sessions conducted and the number of participants Number of people reached by community awareness programs Number of jail personnel who have received ethical guidelines in the handling of CICL
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Main Gaps or Issues
Key Questions
Are there existing programs and services for the CICL while in jail? How would you assess the coordination between the jail management and social workers? And health authorities?
Number of visits and inspections made by health and sanitation officers Number of CICL needing medical treatment given proper care Number of jails who adhere to standards and guidelines for prisons and their management
Lack of trained personnel staff (understaffed) and equipment
How are CICLs treated by jail personnel? Given the limitations, how is the jail management able to carry out their functions? Are such limitations contributing to the non-observance of rules and processes in arresting CICL? Does the local government provide or address these limitations? Can any counterparts be given by the LGUs?
Training programs to focus not just on knowledge and skills but equally on a reflection of attitudes towards children, particularly CICLs Regular training for correction personnel on childrens rights, particularly on rights of CICL and the juvenile justice system; ensure continuing education Community awareness program (e.g. posters, billboards, radio plugs) promoting CICL as victims rather than as offenders Develop and disseminate ethical guidelines in the handling of CICL Develop and disseminate flowcharts explaining how the different pillars of justice operate and should coordinate
Number of training programs and reflection sessions conducted and the number of participants Number of people reached by community awareness programs Number of jail personnel who have received ethical guidelines in the handling of CICL/flowcharts
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Main Gaps or Issues
Key Questions

Regular capability-training sessions for jail management to facilitate efficient documentation and coordination among the levels provincial, city, municipal Compilation of information on CICL cases
Poor documentation work and inefficient storage of information in jails
Do the stakeholders handling CICL cases keep record and compile their figures and information? Is there a system of sharing information among the concerned offices and organizations? Is there a specific group / institution in the community, which has all the CICL-related information from all offices? Does the local government provide or address these limitations? Can any counterparts be given by the LGUs?
Number of jail records personnel who actively participated in the training sessions
Judiciary (Family Courts)

Lack of sensitivity in handling children among court employees How are CICLs treated by judges and court employees during trial? Is the physical arrangement of the jail and the language used in the court threatening to the children? Training programs to focus not just on knowledge and skills but equally on a reflection of attitudes towards children, particularly CICLs Regular training for court employees and personnel on childrens rights, particularly on rights of CICL and the juvenile justice system; ensure continuing education Community awareness program (e.g. posters, billboards, radio plugs) promoting CICL as victims rather than as offenders Number of training programs and reflection sessions conducted and the number of participants Number of people reached by community awareness programs Number of court employees who have received ethical guidelines in tha handling of CICL
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Main Gaps or Issues
Key Questions

Develop and disseminate ethical guidelines in the handling of CICL Develop and disseminate flowcharts explaining how the different pillars of justice operate and should coordinate Community awareness program (e.g. posters, billboards, radio plugs) promoting CICL as victims rather than as offenders Encourage the settlement of cases at the barangay level.
Backlog/ delays in the disposition of cases
What is causing the delay or backlogs? In which part of the judiciary process do the backlogs or delays occur mostly? Are the people working in the judiciary giving priority to CICL cases? How would you assess the coordination between the judiciary and the other pillars of justice?
Number of court personnel who have received flowcharts Number of annual CICL cases dispsed compared to annual CICL cases filed Number of people reached by community awareness programs
ommunity Community (Barangay, Social Welfare Office, School, Youth Groups, Family)
Patronage politics, graft and corruption, even at the local-level are affecting the quality of services rendered by the LGUs How does the community assess the level of efficiency of the local government? Are there reports of politicking and corruption in the local government yielding to problems in the delivery of services in the community? Empowering the community to form groups, such as Citizens Watch Against Graft and Corruption. Community meetings and Bisita sa Barangay sessions will provide an opportunity for transparency in government service. Number of local officials and community representatives who actively and meaningfully participated in meetings and dialogues on efficient service delivery in the government
Children lacking Birth Certificates / unregistered in Civil Registry
Does the local government provide sufficient information regarding basic services, including the process, charges and details of filing legal papers, particularly birth certificates?
Bisita sa Barangay sessions, where the representatives of government offices go to the barangays to provide services to the community and share updates on new laws and information.
Number of newly-filed birth certificates of children in the community
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Main Gaps or Issues
Key Questions

Advocacy programs for the barangays focused on CRC, emphasizing every childs right to a name (to be registered as a legal person), and the difficulties an unregistered child will face. Programs or processes that facilitate birth registration, including late registration
Are there community-based programs which provide opportunities for parents to avail of basic services, including filing of birth certificates for their children?
Poor documentation work and inefficient cataloguing of information in Social Welfare offices
Do the stakeholders handling CICL cases keep record and compile their figures and information? Is there a system of sharing information among the concerned offices and organizations? Is there a specific group / institution in the community, which has all the CICL-related information from all offices?
Regular capability-training sessions for social worker to facilitate efficient documentation and coordination among the levels provincial, city, municipal Compilation of information on CICL cases
Number of social workers who actively participated in the training sessions
Functions of MCPCs and BCPCs representatives not clearly defined -Redundancy in Working Groups / Councils - No specific point-person/ group leading efforts for Child Protection
How would you assess the coordination of social workers, local officials, community representatives and other stakeholders in terms of efforts for the protection of children? How would you assess the LCPCs efforts as the lead units for Child Protection?
Revitalizing LCPCs and conduct meetings with LCPC representatives and community volunteers to assess the Councils roles, achievements, and efforts for Child Protection
Number of revitalized BCPCs and/or MCPCs Number of LCPC representatives and community volunteers who participated in planning and assessment meetings
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Main Gaps or Issues
Key Questions

With the LCPC representatives, community and youth volunteers, drafting of necessary Guiding Principles, Roles of Members and Child Protection Programs for pilot MCPCs or BCPCs Regular capability-training sessions with LCPC representatives on CRC, Philippine and International laws for children, good practices promoting the welfare of the youth, particularly children at risk and CICL.
Number of programs, projects, ordinances for CICL and children at risk spearheaded by the LCPCs
Prejudice and biases against CICL - Child lynched by an angry mob - Community does not want former CICL back; child rejected by his community - School does not want to admit CICL even after rehabilitation or upon ROR
How would you assess the attitudes of the community towards CICL? And after the childs rehabilitation? Are there efforts and programs in the community (school-based, civicoriented, through youth groups) that provide opportunities for the CICLs reintegration?
Awareness-raising campaigns on CRC and rights of CICL, procedures of handling CICL cases and good practices. Mobilization of community members (parents, youth) for awareness-raising and for participation in rehabilitation and reintegration efforts.
Number of local officials, social workers, youth, school representatives, community volunteers and parents who participated in training on childrens rights and CICL issues; trainings conducted on a regular basis Number of implemented and continued programs for reintegration of CICL
Inadequate services for CICLs diversion and reintegration to the community - Lack of a rehabilitation center for children (for every province)
Is the community aware of the rights of every CICL for diversion, rehabilitation and reintegration back to their families?
Awareness-raising campaigns on CRC and rights of CICL, procedures of handling CICL cases and good practices. Regular meetings (with monitoring and evaluation) with CICL to assess their situations and needs and as a venue for the
Number of stakeholders who participated in training on childrens rights and CICL issues Number of CICL who participated in assessments of programs
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Main Gaps or Issues
Key Questions

children to discuss their suggestions on possible Diversion and Reintegration Programs Regular meetings (with monitoring and evaluation) with LGU, NGOs and youth volunteers to discuss possible diversion alternatives and necessary programs for community reintegration
Are there existing centers, programs and services for the CICL in place of detention? How would you assess the existing programs in the community for the rehabilitation and reintegration of CICLs?
Number of new activities or diversion alternatives and projects for CICLs reintegration Number of local officials, community and youth representatives who participated in planning Diversion and Reintegration Programs
Local ordinances (e.g. curfew) enacted are not promoting the best interest of children
Do the local ordinances protect the rights of all children in the community? Are the policy-makers aware of the rights of children?
Regular training (with monitoring and reechoing sessions) on childrens rights for the policy-makers and LGU representatives Capability-training for stakeholders on child-friendly policy-making and implementation of local ordinances (including proper apprehension of children, rights of a CICL, etc.) Community meetings, as in Bisita sa Barangay with Sangguniang Bayan representatives, other LGU officials, community and youth volunteers: - to discuss local policies and procedure of implementation of enacted ordinances. - also, as a venue to discuss alternatives to ordinances criminalizing status offenses Advocacy and awareness-raising campaigns on local ordinances to ensure communitys support and adherence to policies
Number of enacted local ordinances protecting the rights and welfare of children, including CICL Number of LGU officials, community and youth volunteers who actively and meaningfully participated in discussions on policy-making and proper implementation of ordinances Number of local ordinances criminalizing status offenses, as in curfew hours for children should be significantly reduced, with the aim that no such ordinance be enacted and implemented due to awarenessraising campaigns
Problems in implementation of local ordinances for the protection of children
How would you assess the local officials awareness of enacted ordinances protecting children? Is there a clear delineation of tasks in terms of the implementation of ordinances between the law enforcers (police) and local officials (barangay tanod and barangay/municipal representatives)? How would you assess the local communitys awareness of enacted ordinances protecting children?
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Main Gaps or Issues
Key Questions
Children Youth Childr en and Youth

Not enough opportunities for youth participation in the community - Children are not active in community concerns How would you assess the opportunities available for childrens active and meaningful participation? Youth and Parents Congress to empower children and their families to participate in planning and decision-making in the community Involve youth representatives (including children at risk and CICL upon ROR or rehabilitation) in community meetings, training sessions, drafting of policies and programs and awareness-raising campaigns Number of children and families who participated in Youth Congress and Parents Congress Number of youth representatives, including children at risk and CICL who participated in community meetings, training sessions and advocacy programs
Vacation and school breaks not spent on meaningful and productive activities (e.g. influenced by misbehaving peers)
How do the youth spend their school breaks, vacations or weekends? Are there existing youth recreation programs introduced by the local government, NGOs, youth organizations, or civic-oriented groups?
Conducting meetings with the youth to plan programs for recreation and development Organizing youth sports fests and other activities (targeting those at risk of becoming CICL) during Christmas and summer breaks Tapping the SK and Katipunan ng Kabataan for youth participation, programs and activities relevant to young people. Tapping informal youth groups/ organizations/gangs in the community.
Number of CICL who participated in youth activities
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Main Gaps or Issues
Key Questions

Conduct meetings with CICL to assess their needs in order to facilitate their reintegration into the community Provide training sessions, and livelihood opportunities focused on the CICLs future and needs Tap NGOs and programs of existing GOs (e.g. TESDA) for livelihood training and opportunities.
Lack of Non-Formal Education programs, livelihood opportunities and skills-training sessions available for children, particularly children at risk and CICL
Are there existing programs directed for children at risk and children who commit misdemeanors in schools? What are the existing programs for CICLs education, livelihood, and development of skills?
Number of CICL who finished / graduated a series of NFE or skills-training sessions Number of CICL who are able to have a means of livelihood after acquiring skills in the training programs
BEHIND THE MASK: EXPERIENCES OF CHILDREN IN CONFLICT WITH THE LAW FROM RURAL AND NON-MAJOR URBAN AREAS References
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REFERENCES
Adhikain Para sa Karapatang Pambata, Ateneo Human Rights Center. 1998. Situation Analysis on Children in Conflict with the Law and the Juvenile Justice System. Manila: AKAP and UNICEF. Consortium for Street Children and University College Cork. 1999. Prevention of Street Migration: Resource Pack. London: Consortium for Street Children. Council for the Welfare of Children. No Date. National Report on Follow-up to the World Summit for ChildrenChild Protection Issues. Featured Article on Child Protection in the Philippines Philippine Resource Network. Available html http://www.childprotection.org.ph/ monthlyfeatures/childprotectioncwc.doc
Juvenile Justice and Welfare Act. 2006

Lamberte, E.E. 2002. Ours to Protect and Nurture, The Case of Children Needing Special Protection. Manila: UNICEF Manila. Philippine Action for Youth Offenders (PAYO). 2002. Arrested Development: The Level of Discernment of Out-of-School Children and Youth. Manila: PAYO and UNICEF. PREDA Foundation, Inc. 2004. State Violence against Children in the Philippines. Featured Article on Child Protection in the Philippines Philippine Resource Network. www.childprotection.org. Available html http://www.childprotection.org.ph/monthlyfeatures/archives/ june2k4a.html. Puzon, M. and UPCIDS PST. 2003. Painted Gray Faces, Behind Bars and in the Streets: Street Children and the Juvenile Justice System in the Philippines. Quezon City: UPCIDS PST and Consortium for Street Children. Roy, N. and M Wong. 2002-03. Juvenile Justice Review and Training Documents prepared for Save the Children UK. Save the Children (UK). 2004. Breaking Rules: Children in Conflict with the Law and the Juvenile Justice Process The Experience in the Philippines. Manila: SC (UK). Save the Children (UK). 2005. Back on Track: Making Community-Based Diversion Work for Children in Conflict with the Law. Quezon City: SC (UK). United Nations. 2001. Sexually Abused and Sexually Exploited Children and Youth in the Philippines: An assessment of their health needs and available services. New York: United Nations. Available html http://www.unescap.org/esid/hds/sexual/philippines.pdf. Wernham, Marie and Consortium for Children. 2004. An Outside Chance: Street Children and Juvenile Justice an International Perspective. London, UK. UNICEF. 2003. What Barangay Officials Can Do To Set Up a Child-Friendly Locality: Handbook for Barangay Manual for Officials. Manila: UNICEF Manila. UPCIDS PST. 2003. Emerging Good Practices: A Documentation of the Experiences and Learning of Save the Children UKs Programme for Abused and Exploited Children. Quezon City: SC (UK) Philippines and UP CIDS PST.
BEHIND THE MASK: Experiences of Children in Conflict with the Law from Rural and Non Major Urban Areas
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BEHIND THE MASK: EXPERIENCES of CHILDREN in CONFLICT

with the LAW from RURAL and NON-MAJOR URBAN AREAS
When people look at children in conflict with the law (CICL), all they see are the faces of little criminals: fierce, vicious, and rough. When people speak of them, their voices seethe with contempt, derision, even condemnation. What many do not realize is that the wicked faces we believe these children to have is just a maskone that children may have put on themselves to hide their pain, anger, and fear, or one that we, in our ignorance and hate, have put on them. In seeing these CICL with their masks on, we forget that they are children whose rights need to be protected and whose bright future we should assure.
Behind the Mask: Experiences of Children in Conflict with the Law from Rural and Non-Major Urban Areas helps reveal the truth about these children by recounting their experiences as CICL.
The book chronicles the situation of CICL from rural and non-major urban areas where little information on them is available. It looks into how the Five Pillars of Justice in these areas are working to ensure the protection of the rights of these children, and what programs they have created to prevent other children from coming into conflict with the law. It also points out strengths as well as weaknesses and gaps in the existing programs. It is hoped that this can lead to meaningful changes in the system that would benefit CICL and children in general. In telling the experiences of CICL, people will hopefully see these children for who they really are and reflect on their role in protecting the rights of these children. It is also hoped that this will translate into increased commitment among different stakeholders in helping make childrens rights and justice real in the lives of all children.
7th Floor Salustiana D Ty Tower, 104 Paseo de Roxas, Legaspi Village, Makati City Philippines
Plan Philippines
97

Behind The Mask Experiences of CICL

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Behind The Mask Experiences of CICL

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BEHIND THE MASK: EXPERIENCES OF CHILDREN IN CONFLICT WITH THE LAW FROM RURAL AND NON-MAJOR URBAN AREAS

BEHIND THE MASK:

2006 Plan Philippines

Published by Plan Philippines

Chapter ONE Giving Children in Conflict

Chapter FIVE A Framework for the Prevention

Chapter TWO In the Hands of Their Protectors ........ 19

Chapter THREE Programs of the

Giving Children in Conflict with the Law a Human Face

CHILDREN DRIVEN TO A LIFE OF CRIME

THEY ARE OUR CHILDREN TOO

A PEEK AT THE NATIONAL SITUATION

Nationwide Number of CICL Cases Nationwide (1999-2004)

THE MOST COMMON OFFENSES

The Five Pillars of the Justice System

ENSURING THE RIGHTS OF CICL

CICL AS A NON-URBAN AND NON-MAJOR URBAN AREA PHENOMENON

UNDERSTANDING THE PLIGHT OF CICL FROM NON-URBAN AREAS

In the Hands of their Protectors

WHEN CHILDREN ARE APPREHENDED

Lapses in the Observance of Proper Procedures in the Arrest of Children

Guidelines When A Child is Arrested

Josephs Warrantless Arrest

Eric and Sonny: Two Tales of Rape

MY NAME IS ERIC. My story started

Miguel and His Experiences in Court

Some Notes on the Jail Sentence of Children

Miguels Positive Experience in Jail

THE REHABILITATION OF CICL

Jerry and Jeremy: Trying to Live Normal Lives

The Role of Teachers in Helping the CICL be Reintegrated Into Society

The Katarungang Pambarangay

Some Duties of Social Workers to the CICL

Social Welfare Office

Programs of the Five Pillars of Justice

Judiciary and Prosecution

Welfare elfar Social Welf ar e

The Barangay Conciliation Process

IMPROVING CONDITIONS IN JAIL: CORRECTIONS

Access to Education Programs

Detention Facilities Det ention Facilities

Welfare elfar Social Welf ar e

Revitalizing the LCPC

REHABILITATION AND INTEGRATION

Tacloban and Region Eight

Welfare elfar Social Welf ar e

ADVOCACY AND OUTREACH ACTIVITIES

Welfare elfar Social Welf ar e

Ensuring the Welfare of Children

THE LCPC, BCPC, AND THE CHILDFRIENDLY BARANGAY PROGRAM

trengthening BCP CPC LCP CPC S tr engthening the B CP C and LCP C

HELPING CHILDREN AT RISK

Beefing-Up Existing Shelters for Children at Risk

argeting Problem Targeting the Drug Problem

The Importance of Advocacy

EDUCATIONAL PROGRAMS AND RESPONSES

Plan Philippines and its Advocacies for Children

Promoting Free Education for All

The Role of Education in Preventing Criminal Behavior

PREVENTING PHYSICAL ABUSE AND VIOLENCE

Addressing Domestic Violence through Advocacy

The Importance of the Adequate Implementation of Laws