Conclusion

The numbers of children in conflict with the law continue to rise in Philippines. It has been suspected
that children with conduct disorder represent majority of children in conflict with the law, and that poor
moral competence mediates the association between conduct disorder and antisocial behavior. Conduct
disorder was associated with high‐risk antisocial behavior and lower levels of moral competence.

In the Philippines, young people constitute the most criminally active segment of the population, with
rising numbers of violent acts being committed by adolescents and young adults, the number of children
in conflict with the law (CICL) has increased in the recent decades. Child‐related, parent‐related, and
social factors have been associated with increased risk for conflict with the law.

Many Bahay Pag-asa reform centers are unable to adequately fulfill their mandate to rehabilitate
children in conflict with the law (CICL) or youth offenders aged 12 to 17. Data from the Juvenile Justice
Welfare Council showed that there were 63 Bahay Pag-asa centers all over the country. Of this number,
55 are operational, but only eight are accredited.

The council, in a report, noted that apart from Bahay Pag-asa centers, there were 45 other youth care
facilities, nine of which were in the National Capital Region (NCR) and run by either local government
units (LGUs) or nongovernment organizations providing temporary shelter for children with pending
cases in local courts.

The proposal to lower the age of criminal liability to 12 years old from 15, seeks to add more Bahay Pag-
asa centers, but some of the existing facilities are not compliant with the standards of the Department
of Social Welfare and Development (DSWD) in terms of residential care. However, there were some gaps
in the implementation of the existing law namely, low compliance of LGU's, lack of awareness on the
programs, and system of juvenile justice welfare, and insufficient personnel in monitoring the law’s
implementation.

However, this standard is not followed in some Bahay Pag-asa centers. In some, a social worker who also
acts as head of the center handles almost hundreds of CICL cases. As it has exceeded its standard
capacity, the center’s officials worry that they might have to accommodate more than 500 youth
offenders without programs preventing crime at the community level.

The preventive aspect of the measure should be strengthened right from the start. We believe that
these children, before they are considered in conflict with the law, they are considered children at risk,
as most of them have been neglected by their families. In fact, these children should not even reach
Bahay Pag-asa. On the community level, authorities and officials must be able to determine who have
been neglected and need immediate attention and care.

Under the Juvenile Justice and Welfare Act, a child who is 15 years old or less should be immediately
released to the custody of his parents or guardian. Authorities should also give notice to the local social
welfare and development officer in determining appropriate programs for the child. But some has had
such cases that dragged on for two to five years because of the slow progress in assessment and
clearance by local courts. We had a bigger population because we had no choice but to cater to those
who needed immediate custody even if a case was not yet filed against them. A social worker also has to
determine if the child committed the crime with or without discernment.

We tend to think that punishment is enough because the children will immediately understand why they
were punished. The tendency is to think that there is no more need to explain things and show what
should have been more acceptable.

Let us not forget, data shows that children commit only less than 2% of reported crimes and most of
them are poverty-induced, like theft. Poverty is the problem which must be addressed and solved.