THE MANAGEMENT OF CHILDREN IN CONFLICT WITH THE LAW IN BILIRAN

PROVINCE

Clarideth D. Magdalaga*, Johanna Mendoza

Biliran Province State University

Naval, Biliran

mclarideth@gmail.com

Abstract

This study on the management of children in conflict with the law focuses on the

police officers performance in handling and processing children who violate the law.

Based on findings, the police officers have the knowledge on the processes,

procedures and rules in dealing with children who have committed violations and

crimes. It was found out that police officers have followed the manual for handling CICL.

It was also revealed their collaboration with the agencies involved like the Department

of Social Welfare and Development and the Local Government Unit in the proper

turnover of children for rehabilitation. Streets.

It was then recommended that police officers assigned on the WCPD should

undergo trainings on child psychology to gain knowledge in dealing and understanding

children in conflict with the law.

1. Introduction

Children, consisting of 39% of the overall population of the Philippines can play a

significant role as agents of transformation. However, these children often live in remote

areas with limited infrastructures and access to basic services. In a typical Filipino

community where poverty is a very common complication growing rapidly in an urban

setting, for example in Metro Manila where 20% resides in informal housings or slum

areas (UNICEF, 2010). Children from impoverished households are often victims of

extreme forms of child labor such as prostitution or recruitment into armed forces. The

effects of poverty are also visible through that large number of children living and

working in the streets in the Philippines, even though not very visible, there are an

estimated 246,111 children living and working in the streets, between the ages of 0-17

years old (CWC, 2012).

In the 2000 Census of the Philippine population, the youth, aged 10 to 24 years

old, formed 32 percent of the 76.5 million Filipinos. With this population, a total of

5,825,425 children and youth are at risk, comprising 3,000,000 children with disabilities,

246,011 street children, 64,000 victims of armed conflict, 2,400,000 who are exposed to

hazardous working conditions, 4,097 sexually abused, 11,317 children in conflict with

the law, 3,694 abandoned and neglected, and 100,000 commercial sexually exploited

(Leones, 2006).

The increasing number of youth-in-conflict with the law in the Philippines has

been quite alarming. Among those considered “high-risk” are abandoned and neglected

children who have not been taken in by existing Department of Social Welfare and

Development (DSWD) facilities, children deliberately used in criminal activities and

children of women prostitutes. Such is the context of children who become vulnerable to

circumstances where they come into conflict with the law (Save the Children UK, 2004).

There are three major agencies that provide custodial or confinement facilities

and services for the youth offenders. These include the DSWD, the Bureau of Jail

Management and Penology (BJMP), and the Bureau of Corrections which is under the

Department of Justice. The DSWD supervises the facilities and services for 6,991 youth

offenders nationwide. About 1,340 youth offenders are confined in various regional

rehabilitation centers for youth nationwide while 5,651 of youth offenders are under the

community-based rehabilitation program (Save the Children UK, 2004).

Because of the growing concern for delinquent youth, the Republic Act 9344,

also known as the Juvenile Justice and Welfare Act of 2006, was passed establishing a

comprehensive juvenile justice and welfare system and creating the Juvenile Justice

and Welfare Council. It covers the different stages involving children at risk and children

in conflict with the law from prevention to rehabilitation and reintegration. The increasing

number of CICL is not only true in the Philippines but in other countries as well.

International standards require countries to promote the establishment of laws,

procedures, authorities and institutions that respect the rights of children in conflict with

the law and are directed towards their rehabilitation and reintegration into society. The

primary instrument guiding the development of juvenile justice is the United Nations

Convention on the Rights of the Child (CRC), of 1989, which has been ratified by every

country in South Asia. State parties are obliged to give effect to the Convention by

means of laws, policies and practices designed to further its goals (UNICEF, 2006).
 In the Philippines over 50,000 children have been arrested and detained since

1995 (UNICEF). Roughly 28 children get arrested every day, or more than one child for

every hour. There were more than 4,000 CICL cases reported in year 2010. And there

was a move by the lawmakers such as Senator Escudero, Senator Sotto and local

executives to amend or repeal the law. But social welfare secretary Dinky Soliman and

other non-government groups stressed that these CICL are also victims of

circumstances. The authorities should not go after these youths but the adults who are

taking advantage and victimizing these young people. The legislators should instead

look at how the government can improve the lives of the Filipino people through reforms

and programs that would alleviate poverty which is the primary cause of crimes whether

by adults or minors (San Miguel as cited by Umil,Online, 2011).

Biliran province is not exempted from having problems with children in conflict

with the law, hence there are already many cases that involved them. On the premise of

these cases, the researchers conducted this study to find out how law enforcement

manage, process and handles these children.

1.1 Background

This study is anchored on the Strain Theory of Robert Merton. Robert Merton a

sociologist who coined strain theory believed that people were placed on established

paths in order to be successful in society. Merton believed that social structure rather

than culture was the main problem for juvenile delinquents’ association with crime.

Using several adaptations of strain theory, he clarifies his argument. Merton believed

there were five adaptations in society that you could travel in order to be successful.
The five adaptations were innovation, retreatism, ritualism, conformity, and rebellion.

The three I will be explaining are innovation, conformity, and rebellion. Merton states,”

the social structure effectively limits the possibilities of individuals within these groups to

achieve this goal through the use on institutionalized mean” (Merton 1959). If a juvenile

delinquent from a low-income community has no means of getting an education or

bettering himself then he is going to adapt to the societal norms that are already in

existence in his social environment.

For example, a juvenile delinquent grows up in the projects with low income

housing, his mother is a single parent who works full time but can barely afford to put

food on the table. In order for the juvenile delinquent to provide for himself he must find

other means of income. His only means of income that he has been raised to know is

selling drugs. The juvenile delinquent’s strain is that he only knows deviance and crime

in order to prevail. Although the juvenile delinquent is breaking the normative methods

of society, he is still able to survive through one of the five adaptations which is

innovation.

Robert Merton’s concept of innovation says, “people accept the cultural goals of a

society but reject the conventional methods of attaining those goals” (Merton 1976). A

prime example of an innovator would be a drug dealer. The drug dealer has fully

accepted the cultural goals that he needs to complete in order to be successful. Instead

of abiding by those cultural goals and following the process of achievement he uses

deviance to stray away from the path of success. Same prophecy goes for the juvenile

delinquent stated above he must conform to innovation in order to provide for himself

and his family. The juvenile delinquent has accepted his social status and low-income
community but has decided instead of going to school and striving for a good education

he would rather comply and sell drugs just like his peers he has looked up to his whole

life. His social constraints dictate his decisions and therefore he is placed in

confinement. The juvenile delinquents deviance is mainly caused by his living

environment and community lifestyle. He has learned the way of crime and deviance

through watching his elder’s and peers. The experiences that he has been a part of

make him more prone to commit deviant acts. Merton states “there are fewer legitimate

opportunities to obtain wealth for the lower socioeconomic class” (Merton, 1959). This

means he believes that the only way that you can obtain wealth is that you must be born

in the middle class or upper class of society. Merton also says it’s okay not to achieve

but everyone should give an effort and try, but those who don’t achieve still have some

sort of value. The value he is trying to portray is the value you give of yourself. Even

though you may struggle at first, it’s the greatest accomplishment to never give up. The

juvenile delinquent may never become wealthy or have the finer things in life but that

doesn’t mean he cannot make life enjoyable. If he applies himself with great values and

strives to be the best, he can overcome many obstacles that may derail his path. In

addition to Innovation another adaptation that is prevalent in strain theory is Conformity.

Conformity is the accusation that most people comply with society’s norms. People

are taught at a young age the rules and punishment of society. When an individual

conforms, they not only lose their individualistic ideals, but they are allowing society to

dictate their thoughts and emotions. When a juvenile delinquent is established to a

social group, such as a street gang, they are no longer looked at as an outsider but

rather embraced into likeness as an insider or brotherhood. Conformists are people who
not only believe in the assumption of cultural achievements but also believe in the

methods that allow them to reach them. The conforming processes are an easy route

into societal norms and allow an individual to hide their true agenda of individualism.

The last adaptation that comes into play is rebellion. “Rebellion occurs when an

individual reject both culturally defined goals and means and substitute’s new goals and

means” (Essays, UK 2018). This means they no longer adhere to any of societal rules

but create their own. A prime example would be a hip-hop artist. A lot of times hip hop

artists don’t adhere to any of society’s social norms but rather rebel and show the

representation of the bad boy image. The juvenile delinquent listens to hip hop music

which encourages him to party, sell drugs, and make money then more than likely he is

going to want to follow that lifestyle. Music influences everything in terms of society,

norms, and values. Without music how would becoming a deviant person be acceptable

in our world today? Most hip hop artists live a deviant crime filled lifestyle everyday of

their lives. Just like the delinquent selling drugs on the corner it’s the same self-

fulfillment they each get which make their rebellious nature. We all have rebellious

tendencies it’s in our human nature. Being the good person, all the time seems

somewhat weak and stagnant. The juvenile delinquent feels he has to prove something

to his peers but also his family. People in society always want to feel accepted no

matter what social group they come to find. The rebellious adaptation is an important

aspect of strain theory of social structure it completes the cycle of social structure.

Merton was an established thinker and a great sociologist. His development of strain

theory and the adaptations associated with it made him a well-known person of his time.

Merton coined this theory so that he could help future thinkers like us understand where
his ideals and passion steamed from especially in crime and deviance. His strain theory

led to other important theories such anomie and the self-fulfilling prophecy. Crime and

deviance especially in juvenile delinquents will always be prevalent in today’s society.

There will always be low income communities that breed out drug dealers for the

streets. The persuasion of crime is a war that has affected many generations of juvenile

delinquency. Juvenile delinquency is a privilege a young boy gets before he sees the

real institutions of punishment for crimes. The only way some delinquents learn about

punishment and the laws of society is by breaking them. Unfortunately breaking the law

has serious consequences and can affect a delinquent’s future in society. Until we learn

how to really create better opportunities for low income communities with juvenile

delinquent issues our society will be a refuge for many more to come.

1.1.1 Objectives of the Study

This study aims to assess the management of children in conflict with the law in the

Biliran Province.

Specifically, it sought to:

a. Determine the socio-demographic profile of the respondents

a. age

b. sex

c. civil status

d. rank and position

e. years in service
 b. Determine the crime committed by the children in conflict with the law (CICL)

in Biliran Province.

c. Determine the actions taken by the government personnel concerned in

handling children in conflict with the law.

2. Methods

Research Design

This study employed the descriptive survey research design. This is a descriptive

research classified as cross-sectional survey type for it involved the collection of data

from selected respondents to attain the objectives of the study. The study covers the

present situation of the problem stated.

Research Locale

The study was conducted in the capital town of Biliran province, the municipality

of Naval where there are reported cases of children in conflict with the law. Due to its

semi-urbanized setting, homeless children migrated to find way and means to survive.

Research Respondents

The respondents of this study are the law enforcement officers and social

workers who are in direct contact with the children in conflict with the law.

Data Collection

The researchers visited the police station and the social welfare office after letter

request of survey were approved and signed by parties concerned. A survey using a
semi-structured survey questionnaire was conducted by the researchers. The

questionnaires were distributed and retrieved after the respondents accomplished the

responses.

Data Processing and Analysis

After data collection, responses are encoded, tallied, and analyzed. Descriptive

statistics such as frequencies, totals, mean and range were used. Data is presented in

narrative, tabular and in figure forms.

Data Scoring

The following scoring was adopted in finding out the management of the

authorities concerned in handling children in conflict with the law.

Point Range Interpretation

5 5.0-4.21 Always conducted

4 4.20-3.41 Often conducted
3 3.40-2.61 Sometimes conducted
2 2.60-1.81 Barely conducted
1 1.8-1.0 Not conducted

Statistical Treatment Data

To determine the profile of the law enforcers and social workers in terms of age,

sex, civil status, rank and years of service, frequency and percentages were used to

give information.

To find the frequency of the management and handling of children in conflict with

the law, the study used the 5-point Lickert Scale.

3. Results

Results under the variable profile of the Police Officers revealed that most of

them were male and majority of them are at their adult stage, married, with entry rank of

PO 1 and experienced in service.

In the procedures in handling child at risk or children in conflict with the law,

specifically in handling violations to ordinances, it was found out most of the police

officers have conducted all the procedures by giving the child advice not to do the office

again and transfer the custody of the child to the Local Social Welfare and Development

Office of the child’s residency.

As to the apprehending process, it was evident that the police officers have done

all the procedures and with care not to hurt or traumatize children of the process by

properly introducing themselves as kuya or ate and show their identification cards. In

processing children who committed crimes, police officers have conducted the proper

rules in the turn over of the child to the custody of the social welfare and development

office.

Lastly, in the rules and procedures of handling children in conflict with the law,

the police officers always conducted the correct processing in informing the parents,

referral of the case to the Barangay Council, conduct meeting with the LSWDO and

parents to explain the need of their child to be subjected in rehabilitation and

intervention program and the closing of the investigation of the criminal case as soon as

proper documentation and turn over are done by the police officer specifically the officer

assigned to the Women and Children Protection Desk.

4. Discussions

The raw data gathered from the respondents on the assessment of

the performance of the Philippine National Police in managing children in conflict with

the law will be presented based on its findings and implications. The data collected are

presented in tables including its analysis and interpretation written into narrative form.

Profile of Respondents

The table below presents the profile of the Police Officers which includes the

age, sex, civil status, rank and position and years in service.

Table 1. Profile of the Police officers in the Municipality of Naval

Police Officers
f %
Age
Youth (15-24)
Adult (25-64) 5 100
Senior (65 & above)

Total 5 100

Sex

Male 3 60
Female 2 40
Total 5 100

Civil and
Rank Status
Position

Single
PO1 22 40
40
Married
PO2 13 60
20
Widow
PO3 1 20
PSS Total 15 100
20
Total 5 100

Years of Experience

Neophyte (1-5) 1 20
Experience (6-10) 2 40
Expert (11 & above) 2 40
Total 5 100
 Age. The table above shows that 5 or 100 percent of the respondents are in the

age of 25-64. It means that most of the respondents are adults. It implies that most of

the respondents are in their adult stage.

Sex. The police officers showed that 3 or 60 percent are male and 2 or 40

percent are female. This means most of the respondents are male. It implies that

majority of the police officers are male.

Civil Status. Of all the 5 respondents, 3 or 60 percent are married and 2 or 40

percent are single, that indicates most of the respondents are married. It implies that

majority of the police officers in the municipality of Naval are married.

Rank and position. Among the 5 respondents, 2 or 40 percent are Police Officer

1, 1 or 20 percent is Police Officer 2, 1 or 20 percent is Police Officer 3 and 1 or 20

percent is Police Staff Sergeant. This means that most police officers are Police Officer

1. It implies that majority of the police officers are lowest in rank and position.

Years of Service. The table above shows that 2 or 40 percent of the

respondents have served for 11 years above, 2 or 40 percent have served for 6-10

years and 1 or 20 percent are in the service for 1-5 years. This means that most of the

respondents have been in service for period of years already. It implies that most of the

police officers are already experienced in the law enforcement work.

The Crimes/Violations of Children in Conflict with the Law

This part presents the data gathered that determine the crimes/violations of

children in conflict with the law.

Table 2. Crimes/Violations committed by Children in Conflict with the law

 Indicators No. of
Crimes/Violations of CICL cases
1. Curfew Ordinance 10
2. No smoking Ordinance
3. Drunkenness 1
4. Trespassing
5. Disorderly Conduct
6. Harassment 1
7. Gambling
8. Disorderly conduct
9. Theft 20
10. Accessory to theft
11. Murder
12. Accessory to murder 1
13. Drug dealing/pushing
Others…please specify…….
Total 33

Table 2 reveals the crimes and violations committed by children in conflict with

the law. It was found out that the highest case of crimes is theft that is has 20 recorded

cases. The next highest violation is the Curfew Ordinance that ranks up to 10 recorded

cases. The rest of the violations are drunkenness, harassment and a drug dealing

crime. This implies that most of the children in conflict with the law has committed a

crime of theft.

Procedures in Handling Child at Risk (CAR) of CICL (Children in Conflict with the
Law)
This part presents the results of the variables under the procedures in handling

child at risk of children in conflict with the law.

Table 3. Handling CICL or CAR in violations to ordinances

Indicators WM Interpretatio
n
 1. Give the child a friendly advice or “payo” 4.80 Always
or a simple warning not to repeat the act/s Implemented
she/he has committed;

2. Immediately notify the parents or 4.60 Always

guardians for their proper intervention in the Implemented
treatment of the child; c

3. Immediately transfer the physical custody 4.40 Always

of the child directly to the barangay of Implemented
residence for proper disposition;

4. If the child is a resident of another 4.40 Always

municipality or city, turnover the CAR to the Implemented
LSWDO of the place where the offense was
committed.

5. Whenever a case is referred to the 4.40 Always

Barangay or the LSWDO and documents Implemented
need to be submitted, the WCPD Officer
shall submit the records of the case in a
sealed envelope with the “CAR CASE”
written conspicuously on the upper right-
hand corner of the face of the envelope with
appropriate receipts for the documents

AWM 4.52 Always

Implemented

Table 3 reveals the results of the respondent’s procedures in handling children at

risk of children in conflict with the law. Of all the listed procedures, the respondents

gave a highest mean of 4.80 to the procedure, give the child a friendly advice or “payo”

or a simple warning not to repeat the act/s she/he has committed, that means the police

officers always conducted giving the child a friendly advice not to repeat the offense

he/she has committed. It implies that most of the police officers has followed the

procedures in handling child who violated ordinances.

On the other hand, procedures 3, 4, and 5 got a lower mean of 4.40 that means

police officers always conduct immediate transfers the custody of the child to the
barangay of residence for proper disposition, moreover, the police officers always

implemented turnover of the child at risk to the Local Social Welfare and Development

Office of the place where the offense is committed, lastly, the WCPD officer shall submit

records of the case in sealed envelope with “CAR CASE” written on the face of the

envelope. It implies that the police officers have followed the procedures in handling

violations of children to ordinances.

An overall total mean of 4.52 sums up all the responses of the police officers to

the procedures in handling child at risk of child in conflict with the law. This mean that all

of the procedures were always conducted by the police officers. It means that police

officers have done the right procedures in handling children who were caught violating

the ordinances of the municipality.

Procedures in apprehending Children in Conflict with the Law/Child at Risk This

part presents the responses of the police officers in apprehending children in conflict

with the law and child at risk.

Table 4. Procedures in apprehending children in conflict with the law/child at risk

Indicators WM Interpretation
1. The apprehending officer shall identify 5.00 Always
himself/herself to the child and shall Implemented
introduce herself/himself as kuya or ate to the
child and show his/her proper identification
card as a police officer

2. If the apprehending officer is wearing a 5.00 Always

vest or a jacket while in uniform, she/he shall Implemented
show her/his nameplate and/or badge to the
child.

3. If the apprehending officer is in civilian 4.80 Always

clothes, he/she shall show his/her Implemented
identification card.
 4. The apprehending officer shall conduct the 5.00 Always
search of the child in a friendly, non- Implemented
degrading and gender-sensitive manner. A
female child shall only be searched by a
female police officer.

AWM 4.95 Always

Implemented

Table 4 shows the results of the responses of the respondents in the procedures

of apprehending children in conflict with the law. The procedures 1,2,4 has gained the

highest mean of 5.00 and procedure 3 got a lower mean of 4.80. This means that police

officers always conducted the procedure in apprehension, introducing as kuya or ate,

wear vest or jacket while in uniform, show badge and nameplate, and conduct search in

a friendly non-degrading and gender sensitive manner. It implies that police officers had

followed the procedures in the apprehension process of children in conflict with the law.

The procedure that has the lower mean, implies that still police officers always

conducted the showing of their identification cards even in civilian attire during

apprehension of minors.

An overall mean of 4.95 was derived from all the procedures that means the

respondents always conducted the procedures during apprehension. It implies that

police officers have been following the manual that provides their process in

apprehending children in conflict with the law.

Processing of the CICL who committed crimes

This part presents the respondents conduct in the processing of children in

conflict with the law who committed crimes.

Table 4. Processing of the CICL who committed crimes

 Indicators WM Interpretation
1. Notifying the parents/guardians of the 5.00 Always
CICL within eight hours from initial contact Implemented

2. Notifying the Local Social Welfare and 5.00 Always

Development Office and the PAO within eight Implemented
hours from initial contact

3. Recording the personal circumstances of 5.00 Always

the child and filling out the intake form in Implemented
Annex C or D;

4.Determining the age of the child; 5.00 Always

Implemented
5. Gathering evidence if the child is 5.00 Always
dependent, abandoned, neglected and/or Implemented
abused; and

6. Taking the fingerprint and photograph of 4.20 Often

the child. Implemented

AWM 4.87 Always

Implemented

Table 4 shows the processing steps that police officers follow in booking children

in conflict with the law who committed a crime. All the process garnered highest mean

of 5.0 except for process no. 6 that got a lower mean of 4.20. This means that all

processes from notifying the parents, LSWDO and PAO, recording the personal

circumstances of the child and filling out entry forms, knowing the child’s age and

gathering evidence if the child is abused, neglected or abandoned has been conducted

by the police officers. It implies that they are doing what is mandated in the manual for

handling CICL. However, in taking fingerprint and photograph, the police officers often

conducted the process but there are instances where they cannot fully comply that

resulted to a lower mean given.

A total mean of 4.87 sums up all the responses of the respondents that means

they always conducted the processing steps of children who committed crimes on their
watch. It implies that police officers have been careful in processing children who

committed crimes and has followed the steps in processing them for turn over to

authorities that has jurisdiction over them.

Rules and Procedure in Handling CICL

This part presents the results of the respondent’s response in the rules and

procedure in handling children in conflict with the law.

Table 5. Rules and Procedure in Handling CICL

Indicators WM Interpretatio
n
1. The WCPD Officer shall release the child 5.00 Always
to the parents or guardians, after Implemented
consultation with the LSWDO

2. The WCPD Officer shall refer the case of 5.00 Always

the CICL to the Barangay through their Implemented
Barangay Council for the Protection of
Children and to the LSWDO.

3. The WCPD shall explain to the CICL and 5.00 Always

his/her parents that he/she meet with the Implemented
LSWDO and shall undergo intervention
program.

4. The WCPD Officer shall close the 5.00 Always

investigation of the criminal case as Implemented
provided under Section 5-4.4e

AWM 5.00 Always

Implemented

The table above reveals the responses of the respondents in the conduct of the

rules and procedures in handling children in conflict with the law. All of the rules and

procedures garnered the highest mean of 5.00 that means police officers had

conducted and followed the rules and procedures in handling children who are

offenders of the law. It implies that police officers have been very capacitated in
handling children as they are very familiar with the laws that protect children despite of

committing offenses, crimes and violations.

A 5.00 total mean came out of all the indicators given that means police officers

have always conducted the given role in handling children in conflict with the law. It

implies that police officers are well aware of the sensitivity of the matter in dealing with

children hence set of rules and procedures stipulated in the manuals are to be followed

and conducted to provide best performance in the area of social welfare.

5. Conclusions

Based on the findings of the study, the followings conclusions were drawn:

The Police Officer respondents evidently shows that most of them are at the

adult stage; male; married; in entry rank of PO1 and been in the service for 1-5 years.

The qualifications stated is enough to prove the credibility of the police officers in

conducting their job as law enforcers.

All the procedures, processes, and rules in the management and handling of

children in conflict with the law has been conducted by the police officers as it was

mandated of them in the Philippine National Police Manual PNP-NSU-24-1-16 (WCPC)

or Manual in Handling Cases of Children at Risk and Children in Conflict with the Law.

The research study was done to assess the performance of the law enforcement

personnel in handling children who committed violations and criminal acts. Out of the

findings of the study, it was concluded that police officers have been performing well in
the implementation of the processes that are stipulated in the manual to ensure that

proper protocols are followed to avoid criminal liability on the part of the law enforcers.

Recommendations

Based on the findings and conclusions of the study, the following

recommendations are forwarded:

The researchers would like to recommend the following:

1. Police Officers assigned in the Women Children Protection Desk must be trained

in child psychology to better respond to cases of children who committed crimes and

how to talk and process them into telling them what made them do the crime.

2. The government should provide rehabilitation programs that are sure to effect

change of behaviour of children to prepare them to reintegration to society.

3. Police stations should have special detentions rooms that do not resemble as

prison for children to stay while waiting for the processing the turn over of custody to the

local social welfare authorities.

The Local Government Unit together with the PNP and DSWD should launch extensive

campaign to orient parents of their role and responsibility in keeping children away from

the streets and introduce livelihood programs that will help families fight poverty that is

the common cause of children to succumb into criminal acts.

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