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STATUS OF CHILDREN IN CONFLICT WITH THE LAW IN LA TRINIDAD

ANNE JANE B. MACARIO and FELIPE S. COMILA, Ed.D.
ABSTRACT This study analyzed the status of children in conflict with the law in La Trinidad
through fifty (50) selected employees and workers from government and non-government
agencies. The study determined the level of incidence of the juvenile crimes committed in La
Trinidad, the level of influence of the specified factors that contribute to the occurrence of
children in conflict with the law, the degree of seriousness of the specified problems encountered
in implementing the juvenile justice system and the level of utilization of the specified necessary
intervention programs undertaken by government and non-government agencies. Findings
confirmed that there is a high incidence of the crimes of theft, drug and substance abuse,
drunkenness and vagrancy. Poverty, peer pressure, media influence and family dysfunction all
have high influence in the commission of such crimes, they being interconnected with each other.
Lack of adequate facilities such as a rehabilitation center, lack of constant monitoring and
documentation of juvenile cases, lack of adequate manpower and lack of formal training of
personnel topped the list of problems encountered. Counseling is the conventional mode of
intervention utilized by all the concerned agencies.

INTRODUCTION
Background of the Study
All over the world, an examination of the juvenile justice system is being done. Among
the areas of concern undergoing re-investigation is the philosophy of punishment involving
juvenile offenders and the process of bringing them into the juvenile system of justice.
In the Philippines, the number of Filipino children in conflict with the law is
skyrocketing. According to the Juvenile Justice Network, thousands of children are being arrested
and detained each year. Most of these detained children in jails are mixed with notorious adult
criminals, the boys abused and the girls raped. The distinctive effects which delinquency
engenders on the child, his family and the community in which he lives have increasingly been
felt as the Philippine socio-cultural, economic and political systems have been transformed.
In the Women and Childrens Complaint Desk (WCCD), cases of youthful offenders are
afforded their rights but there are still those who became recidivist and commit graver offenses.
At first, these minors indulge themselves to petty thieveries, pick pocketing and snatching.
Conceptual Framework
The adoption of measures to curb the incidence of children in conflict with the law is an
essential part of crime prevention in society. There is therefore a need to make an analysis on the
status of children in conflict with the law in order to effectively implement the laws on juvenile
justice and welfare system. Crime control will never succeed without repairing the damage done
to the victim and without his or her active participation, the healing process in the community
will never take off. Criminal behavior among children, when uncontrolled can lead to a
breakdown of moral fiber that is presumed to motivate the developing youth toward positive
personal growth. It has in fact been observed to set the stage for youth offending, which when
allowed continuing may lead further to a rise in criminal behavior later in the individuals adult
life. The provisions of the Juvenile Justice and Welfare Act of 2006 (RA 9344) cover the
different stages involving children at risk and children in conflict with the law from prevention to
rehabilitation and reintegration. It also adopts the principles of restorative justice in all its laws,
policies and programs applicable to children in conflict with the law.

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A. J. B. Macario and F. S. Comila

166

Earlier studies indicated that the chief strength of restorative justice interventions does
not lie in their rejection of punishment, but in the empowerment of communities of care that
respond to the causes and the consequences of criminal acts. One of its abiding principles is that
crime is not merely an act of breaching the laws of the State. It is the violation of the sanctity of
one human being by another. It is the destruction of social fabric (UNICEF, 2003).

METHODOLOGY
The study made use of the descriptive method of research through unstructured interview
with a prepared questionnaire as the main tool in gathering data for study. The information
gathered was directed to the existing condition of the status of children in conflict with the law in
La Trinidad. This was conducted with the help of fifty (50) selected employees and staff from the
Municipal Social Work and Development Office (MSWDO), Women and Childrens Complaint
Desk, concerned non-government organizations (NGOs), and Barangay officials and members of
the Barangay Center for the Protection of Children (BCPC) established in each barangay of La
Trinidad.
Data collection took place during the summer of 2008. In collecting concrete data and
relevant information from the respondents, on the spot person to person unstructured interviews
were conducted with a prepared questionnaire. The use of a secondary tool which is documentary
analysis served to corroborate some of the data gathered from the respondents.
Descriptive statistics such as percentage, and weighted mean were used to analyze and
interpret the data gathered. The t-test and the Chi-square were used to determine the level of
significance of the obtained data which was set to 0.05 level of probability.

RESULTS AND DISCUSSION

Level of Incidence of Juvenile Offenses
Table 1 proves that of the juvenile offenses committed in La Trinidad, petty theft,
vagrancy, drug and substance abuse and drunkenness have high levels of incidence. Except for
sexual assault, the remaining offenses of malicious mischief, robbery and physical injury have
moderate levels of incidence.
The high incidence of petty theft, vagrancy, drug and substance abuse and drunkenness
are attributed to the following instances. Petty thefts is usually committed through snatching, or
pick pocketing of objects and valuables while most children arrested for violation of the local
ordinance on curfew falls under vagrancy. Most children arrested for drug and substance abuse
were sniffing rugby and other similar solvents. Drug pushing though is a rare incidence. For
drunkenness, children arrested under the influence of liquor were apprehended if they cause
public disturbance.
Cases of robbery, malicious mischief, sexual assault and physical injury all presented
moderate levels of incidence. Robbery is reported to be against property and not against persons
and mostly done at night time. Malicious mischief is usually committed by children in groups.
Incidences of sexual assault were usually acts of lasciviousness and rape. Most cases of physical
injury reported and witnessed were slight in nature. Most children arrested for physical injury
were either involved in a bar brawl or street fight among different gangs.
Overall findings show that there is a moderate incidence of these crimes in La Trinidad.

Benguet State University, Graduate School

Status of Children in Conflict with the Law in La Trinidad

Table 1.

167

Level of incidence of juvenile offenses

Juvenile Offenses

MSWDO, WCCD, NGO

X1
2.8
2.6
2.1
2.9

Petty Theft
Vagrancy
Malicious Mischief
Drug
and
Substance
Abuse
Robbery
1.8
Sexual Assault
1.8
Drunkenness
2.6
Physical Injuries
2.1
Total
18.7
AWM
2.34
Tcomp =1.077
t.05, 14 df = 2.145

BCPC
X2
2.6
2.5
1.7
2.8
1.8
1.1
2.5
1.9
16.9
2.11
not significant

Total

X12

X22

2.7
2.6
1.9
2.9

7.84
6.76
4.41
8.41

6.76
6.25
6.89
7.84

1.8
1.5
2.6
2.0
2.25

3.24
3.24
6.76
4.41
45.07

3.24
1.21
6.25
3.61
38.05

Level of Influence of Factors that Contribute to the

Occurrence of Children in Conflict with the Law
Table 2 shows that poverty, peer pressure, media influence and family dysfunction have
the same levels of influence when it comes to contributing to the occurrence of children in
conflict with the law.
Poverty is explained by the financial status of parents who are low income earners,
unemployed or illiterates. While findings on peer pressure are attributed to the fact that children
are easily induced to join gangs and peer groups either as a sense of belonging, or for fun and
diversion purposes. The influence of the media is due to the powerful impact of information and
communication technology or the print and broadcast media and the internet where children
usually spend their free time. Their regular exposure to these media activities would corrupt their
minds and affect their values and moral upbringing. While that of family dysfunction is clearly
explained by the childs upbringing especially in terms of personality development and moral
orientation. The child in conflict with a single parent or an abusive parent is also considered.
Table 2.

Level of incidence of factors that contribute to the occurrence of children in conflict

with the law
Factors

Poverty
Peer Pressure
Media Influence
Family Dysfunction
Total
AWM
Tcomp =.072

MSWDO, WCCD, NGO

BCPC
X1
X2
2.6
2.2
2.7
2.7
2.8
2.5
3.0
2.9
10.1
10.3
2.525
2.575
t.05, 6 df = 2.447
not significant

Total

X12

X22

2.4
2.7
2.6
3.0
2.67

6.76
7.29
7.84
9.0
45.07

4.84
7.29
6.25
8.41
26.79

Problems and their Degree of Seriousness

Encountered in Implementing the Juvenile Justice System
Table 3 shows that the problems encountered by respondents are mostly serious in nature.
The following problems presented a very serious nature. The lack of adequate facilities
and financial resources primarily points to the lack of a rehabilitation center or youth detention
center in the area. Problems on lack of adequate personnel and lack of constant monitoring of
children in conflict with the law are due to the understaffing of concerned agencies making it
improbable to conduct regular monitoring of children in conflict with the law. There are only two
female police officers assigned at the WCCD while only 1 social worker of the 5 municipal social
workers is assigned to deal with children in conflict with the law. Defective juvenile laws,

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A. J. B. Macario and F. S. Comila

168

particularly certain provisions of RA 9344 needs amending in order to effectively achieve the
objectives of the law. Respondents further add that the implementation of the law itself is a
problem because of its flawed provisions. Lack of intensive and formal training of personnel
handling children in conflict with the law is attributed to the recently passed RA 9344 that is why
most of the personnel assigned are inexperienced. Respondents say that most members of the
BCPC and police officers do not follow the procedures contained in the decree.
These problems present a slightly serious nature. Respondents claim that the problem on
lack of cooperation of the child in conflict with the law is owed to the fact that children arrested
usually give false statements to the officer or employee and are very hostile. Lack of coordination
among the concerned agencies lies in the absence of a memorandum of agreement between them.
The memorandum would serve to set the jurisdictional parameters of each concerned agency.
Respondents are amenable that most of the intervention programs undertaken do not make a great
impact on the reformation of the child in conflict with the law. This is shown by the habitual
delinquency of most children in conflict with the law.
By and large, the findings exhibit the seriousness of the problems encountered but if
individually analyzed, each problem deserves immediate attention.
Table 3.

Degree of seriousness of problems encountered in the implementation of the juvenile

justice system
Problems

Lack of cooperation of the child in conflict with the

law
Lack of coordination between and among
implementers of the juvenile justice system
Ineffective rehabilitation and intervention programs
Lack of adequate manpower
Lack of proper facilities and equipment and financial
resources
Lack of constant monitoring of children in conflict
with the law
Defective juvenile laws
Lack of formal and intensive training of personnel
Total
AWM
t = 0.25
t.05, 14df = 2.145

MSWDO, WCCD,
NGO (X1)
2.2

BCPC
(X2)
2.0

Total

X12

X22

2.1

4.84

4.00

1.9

2.15

2.02

3.61

4.62

1.7
2.8
2.7

1.2
2.8
2.8

1.45
2.8
2.75

2.89
7.84
7.29

1.44
7.84
7.84

2.3

2.7

2.5

5.29

7.29

2.5
2.8
16.9
2.37

2.4
2.7
2.09

5.29
6.76
43.81

6.25
7.84
47.12

2.3
2.6
18.5
2.31
not significant

Intervention Programs Undertaken By Respondents

Table 4 shows that of the different intervention programs, counseling session is the
customary method undertaken by all respondents although they vary in the conduct of this
method.
In the local social welfare office, lectures on values formation and anger management are
also conducted. In cases where the child in conflict with the law needs other types of intervention
programs, the office will refer the same to a non-government organization like the CFSPI which
can provide the necessary intervention for the reformation of the child. Other kinds of assistance
include case conferences with the child and his/her parents or guardians to determine the
appropriate intervention program to be accorded the child.
Non-government organizations also concentrate on services for skills development like
carpentry skills training, recreational activities and leadership training. Both the Women and
Childrens Complaint Desk of the police department and the Barangay Center for the Protection
of Children also provide services in the form of amicable settlement of cases where the police
officer or the barangay captain will act as the mediator between the parties, respectively.

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Status of Children in Conflict with the Law in La Trinidad

169

Amicable settlement is usually resorted to between the parents of the child in conflict with the
law and the family of the victim where the offense committed is a minor case.
It is evident however that there are lapses in the conduct of intervention programs as
demonstrated by some respondents who did not provide any kind of support system.
Table 4.

Intervention programs undertaken by respondents

Problems

Counseling, Lectures on Values Formation and Anger Management

Competency and Life Skills Program
Carpentry Skills, Recreational Activities, Leadership Training,
Lectures on Values Formation and Anger Management,
Counseling
Counseling, Amicable Settlement
Counseling, Amicable Settlement
None
Total
Xe2 = 37
X0.05 = 9.488
significant

Agency

Frequency

Percentage

MSWDO
NGO
(CFSPI)

5
3

10%
6%

WCCD
BCPC

2
24
16
N =50

4%
48%
32%
100%

CONCLUSIONS
Based on the results, the following conclusions are drawn:
1. Most of the juvenile offenses exhibit a high level of incidence, thus they do not
significantly differ.
2. There is no significant difference in the given factors that contribute to the occurrence
of children in conflict with the law for they all display a very common level of influence.
3. The respondents do not significantly differ in their view of the problems encountered
ranking most of these problems to be very serious in nature.
4. Respondents significantly differ in the level of utilization of the specified necessary
intervention programs. These intervention programs include counseling which is customary in
every agency, while others like competency and life skills training, lectures and other strategies
are suitable on a case to case basis.

RECOMMENDATIONS
Based on the findings and conclusions, the following recommendations are forwarded:
1. Though there are various programs set by the government and non-government
agencies, there is still a need to conduct regular assessments as to their applicability in meeting
the needs of children in conflict with the law. Activities for the spiritual development of the child
and parent-child interaction or family therapy programs should be incorporated as this aspect is
surprisingly lacking in the intervention programs employed. Juvenile laws should also be given a
comprehensive scrutiny to clear any loopholes or flaws attached to it.
2. There is a need to prepare a memorandum of agreement between implementing
agencies to ensure their proper coordination and establish a common monitoring system covering
the various stages of the juvenile justice process.
3. The community should be involved in efforts for the protection of children through the
conduct of sufficient advocacy and awareness programs.
4. Formal training should be conducted to barangay personnel who have had no proper
training for the job and continuing education program for concerned police officers.

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170

A. J. B. Macario and F. S. Comila

5. Proper documentation and regular monitoring of juvenile cases should be conducted

also by the police and barangay staff.
6. Construction of a rehabilitation/detention center should be prioritized.
7. An article entitled A Juvenile Justice System for the 21st Century stated that an
effective juvenile justice system must meet three (3) objectives: a) hold the juvenile offender
accountable; b) enable the juvenile to become a capable, productive and responsible citizen; and
c) ensure the safety of the community.

LITERATURE CITED
CANDELARIA, S., DOMINGO, A., ABRERA, A., CARBONELL G., CARDONA A., OCO, T.
1998. Situational Analysis on Children in Conflict with the Law and the Juvenile Justice
System, Ateneo Law School. E-mail: ahrc@acc.aiti.admu.edu.ph/manila@unicef.org.
Congress of the Philippines. Juvenile Justice and Welfare Act. Republic Act. 9344.
EADIE, T. and MORLEY, R. 2003. Crime, Justice and Punishment in Baldock, J. et al., (eds)
Social Policy (3rd edition.). Oxford: Oxford University Press.
PUNO, R. 2005. Our Juvenile Justice System, 4th Annual Conference of the Child Protection Unit
Network: Traders Hotel, Manila.
Secretary-Generals Study on Violence against Children. 2005. A Thematic Consultation for the
United Nations. Geneva.
UNICEF. 2006. Situation Analysis on Children in Conflict with the Law and the Juvenile Justice
System.
United Nations, Research Report on Juvenile Delinquency. www.childprotection.org.ph
(December 2006).

Benguet State University, Graduate School