Chapter 1 Final Bueno and Virtudes

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EFFECTIVENESS OF BARANGAY OFFICIALS IN HANDLING

CHILD IN CONFLICT WITH THE LAW IN TANGUB CITY

A Research Proposal Presented to the


Faculty of the Institute of Criminal Justice Education
Gov. Alfonso D. Tan College
Maloro, Tangub City

In Partial Fulfillment
Of the Requirements for the Degree
BACHELOR OF SCIENCE IN CRIMINOLOGY

Cristel Joy V. Bueno


Clyde O. Virtudes
December 2022
Chapter 1

THE PROBLEM AND ITS SCOPE

Background of the Study

Most children in conflict with the law have committed petty crimes or such minor

offences. Examples are vagrancy, truancy, begging or alcohol use. Some of these are

known as status offences and are not considered criminal when committed by adults. In

addition, some children who were engaged in criminal behavior have been used or

coerced by adults. In many instances, prejudice related to race, ethnicity or social and

economic status may bring a child into conflict with the law even when no crime has

been committed, or result in harsh treatment by government officials. Barangay officials

are the one who is usually in charge in handling child in conflict with the law (CICL) and

in planning, implementing activities and addressing issues pertaining to children.

Barangays Officials play a pivotal role in dealing with CICL. Being front liners of public

service, they are the one who must be discerning and knowledgeable enough to attend to

the challenges brought by CICL.

The number of CICL is alarming and is a significant problem worldwide.

According to the UNICEF, data, there are 1 million children in detention today. And 90%

of the children in conflict with the law were just petty offenders. Four out of five children

who commit an offense, commit one in their lifetime. The majority of children who

ended up in the criminal justice system were from deprived communities and
discriminated against minorities (UNICEF, 2003). In the Philippines, RA 9344 defines

"Child in Conflict with the Law" to a child who is alleged as, accused of, or adjudged as,

having committed an offense under Philippine laws. According to Leones (2006), A child

in conflict with the law has the right to treatment which promotes the child’s sense of

dignity and worth, takes the child’s age into account and aims at his or her reintegration

into society. Children are entitled to basic guarantees as well as legal or other assistance

for their defense. Judicial proceedings and institutional placements shall be avoided

whenever possible.

In the Philippines, the justice system provides a law that treats every CICL in a

manner that recognizes and upholds human dignity and worth, and instills in the child

respect for the fundamental rights and freedom of others. This law, otherwise known as

Juvenile Justice and Welfare Act of 2006 or RA 9344 authored by Senator Francis

Pangilinan, asserts that no child 15 or younger may be charged for a criminal act and

minors above 15 but below 18 may be held criminally liable only if they are shown to

have acted with discernment. The law also provides resources for the rehabilitation and

intervention programs for CICL. However, a number of cities and local government units

are not aware of this provision of the law much more of providing resources for CICL.

But even if facility and services are provided, there are still some flaws with the law.

(Pagunuran, 2008)

The particular study will attempt to determine the level of effectiveness of the

Barangay Officials on handling Child in Conflict with the Law (CICL) on selected

barangays in Tangub City in terms of initial contact and diversion of CICL. This will
further find out what are preventive measures taken by the Barangay Officials to prevent

Child in Conflict with the Law (CICL) on their respective barangay.

Conceptual Framework

This study is anchored on the Barangay Protocol in Handling Children in Conflict

with the Law (CICL) or Children at Risk (CAR) under Republic Act 9344. It seeks to

ensure the handling of children in conflict with the law and to enumerate the appropriate

steps from first contact with the child to turning over the child to guardians, or referral

services if necessary. It is also to ensure that violence and unnecessary force are

prevented, ensuring the child fully understands the situation and suggesting intervening

actions for the child such as online counselling or community volunteering. The

Barangay Protocol in Handling Children in Conflict with the Law (CICL) states that the

barangay plays an important role in taking custody of the CICL, conducting diversion

proceedings and assisting in implementing the diversion program for CICL with

discernment and preventing children to be at risk and to run in conflict with the law.

The said protocol seeks for the establishment and strengthening of the Local
Councils for the Protection of Children (LCPC). This Council serves as the primary
agency to coordinate with and assist the local government units in the adoption of a
comprehensive program for juvenile delinquency. It is tasked to coordinate with and
assist LGUs in calling on all sectors concerned, particularly the child-focused institutions,
NGOs, people’s organizations, educational institutions and government agencies
involved in delinquency prevention to participate in the planning process and
implementation of juvenile intervention programs. They shall also assist the Punong
Barangay in conducting diversion proceedings in cases, assist the Local Social Welfare
and Development Officer (LSWDO) in the development of the appropriate diversion
program, institute together with schools, youth organizations and other concerned
agencies in their community-based programs on juvenile justice and welfare initiated by
LGUs, and conduct capability building programs to enhance knowledge and skills in
handling children’s programs, among others. (Oppus, 2017)

PREDA (2008) stated that diversion is a form or rehabilitation, whereby the

minor undergoes a “child driven” program of treatment, without resorting to formal court

proceedings. The 2006 Act specifically prescribes when diversion may and may not be

appropriate and generally encourages the use of diversion so as to keep juveniles out of

custody. The wording of the legislation and its supporting rules are again reflective of the

Convention on the Rights of the Child, seeking the introduction of non-custodial

rehabilitation in an attempt to protect the human rights and dignity of the child. Diversion

may take the form of restitution of property, reparation of the damage caused, or

indemnification of consequential damages, oral or written apology, care guidance and

supervision orders, counseling for the child or his family, attendance in seminars (anger

management, problem solving, values formation, and other skills), education, vocational

and life skills training or community service. It is, therefore, a form of rehabilitation,

whereby the minor undergoes a “child driven” program of treatment without resorting to

formal court proceedings (http://www.preda.org/work/childrescue/rep121008.html).


The findings of these preceding studies on the effectiveness of barangay officials

in handling child in conflict with the law in Tangub City will raise awareness of the

barangay government and barangay officials on their state or level of effectiveness in

terms of their skills, knowledge and experience in handling child related cases.

Handling Child in Conflict


with the Law in terms of;
Effectiveness of Barangay
 Initial Contact and Officials
 Diversion

Figure 1. Schematic Diagram of the Study


Statement of the Problem

This proposal aims to determine the effectiveness of barangay officials in

handling Child in Conflict with the Law (CICL) in Tangub City.

This will specifically answer the following questions;

1. What is the level of the Barangay Officials on handling Child in Conflict with the

Law (CICL) on selected barangays in Tangub City in terms of:

1.1. Initial Contact with CICL; and

1.2. Diversion of CICL?

2. What are the preventive measures taken by the Barangay Officials to prevent

Child in Conflict with the Law (CICL) on their respective barangay?

Significance of the Study


This study will focus on the Effectiveness of Barangay Officials in handling Child

in Conflict with the Law (CICL) to the selected 5 (five) barangays in Tangub City. The

result of this study could be beneficial to the following;

Government. It will help them to provide an alternative measure in dealing with

children in conflict with the law, including services for prevention, diversion,

rehabilitation and re-integration.

Barangay Officials. This study will help them to improve their performance

regarding their duties to the best of their abilities in order for them to protect the children

and security of their respective barangays.

Parents. This research study will benefit the parents of the children who are in

conflict with the law. Through this study, parents will be able to guide and nurture their

child to avoid conflicts with the law.

Future Researchers. This will provide them the knowledge and ideas about the

Effectiveness of Barangay Officials in Handling Child in Conflict with the Law on

Selected Barangays in Tangub City. This will serve as their reference for future studies.

Scope and Limitations

This study will be limited only to the selected five (5) barangays in Tangub City

which are the Barangay Maloro, Barangay Migcanaway and Barangay Silanga, Barangay

Mantic and Barangay I.

Determining the effectiveness of the Barangay Officials in handling Child in

Conflict with the Law will be the only focus of this research study.
Research Methods

This section presents the (a) research design, (b) research setting, (c) research

respondents, (d) research instruments, (e) data analysis (f) data gathering procedure and

(e) validation of instrument.

Research Design

A quantitative approach will be used in this study. Babbie (2010), define

quantitative approach as methods which emphasize objective measurements and

the statistical, mathematical, or numerical analysis of data collected through polls,

questionnaires, and surveys, or by manipulating pre-existing statistical data using

computational techniques. This research study will use the descriptive survey

method.

The significance of this method is that it emphasizes the qualities rather

than the characteristics of the sample as a whole individual. Additionally, it

provides information that is useful to deal with local issues. Since the research

study will focus on the effectiveness of Barangay Officials in handling Child in

Conflict with the Law (CICL) on selected barangays in Tangub City, the

researchers believe that using descriptive survey is appropriate because it will

offer appropriate analysis, sufficient and reliable data interpretation.

Research Setting

The study will take place in five selected barangays in the municipality of

Tangub City which are the Barangay Maloro, Barangay Migcanaway and

Barangay Silanga, Barangay Mantic and Barangay I.


Based on the location of these barangays, most of the CICL cases are

concentrated near the city. To find out if the location was one of the factors to the

CICL cases, the researchers will also conduct an interview with the barangay

officials in a barangay located in the central area.

Moreover, the researchers decided upon conducting the research in five

(5) selected barangays in Tangub City, to determine the effectiveness of Barangay

Officials in handling Child in Conflict with the Law.

Research Respondents

The respondents of this study will be the children in conflict with the law

of the five (5) barangays in the Municipality of Tangub City which are the

Barangay Maloro, Barangay Migcanaway and Barangay Silanga, Barangay

Mantic and Barangay I. The researchers will use total sampling; meaning, the

total population and numbers of the Child in Conflict with the Law (CICL) on the

selected barangays on Tangub City that will be the official samples of the study.

According to Lavrakas (2008), Total population sampling is a type of purposive

sampling where the whole population of interest (i.e., a group whose members all

share a given characteristic) is studied.

Research Instrument
The main tool that will be used in this research study is a researcher -made

questionnaire- checklist. There will be three (2) parts of the said research

instrument:

Part I assessed the level of the Barangay Officials on handling Child in

Conflict with the Law (CICL) on their respective barangays in terms of: Initial

Contact with the CICL, and Diversion of CICL; and Part II assesing the actions

taken by the Barangay Officials to prevent Child in Conflict with the Law (CICL)

on their respective barangay.

Nonetheless, the researchers will prepare and adopt the data-gathering tool

from the study entitled "Effectiveness of Barangay Officials in Handling Child in

Conflict with the Law (CICL) on Tangub City".

Data Analysis

Frequency Count, Weighted Mean, and Percentage will summarize the

level of barangay officials in handling child in conflict with the law. The

percentage will be calculated by getting the frequency of each level divided by the

total number of participants.

Data Gathering Procedure

The proposed title by the researcher was checked by Mr. Alemar C.

Mayordo, the dean of the Institute of Teachers Education, to maintain conformity


on the subject of research. The tool of the study which is the researcher -made

questionnaire- checklist will be constructed by the researchers.

The researchers will also secure a letter request to ask permission to

conduct the survey to the respondents. The data that will be gathered will be

checked, classified, tabulated and analyzed.

Validation of Instrument

Healy & Peary (2000), explain that validity determines whether the

research truly measures that which it was intended to measure or how truthful the

research results are. It estimates how accurately the data obtained in the study

represents a given variable or construct in the study (Mugenda, 2008). A

researcher -made questionnaire- checklist will be use as a tool for data collection

from the respondents which are the Barangay Officials on the selected barangays

in Tangub City.

In this case, the researches will take a personal interview to the research

adviser, editor, and panel members to validate the questionnaire as a measuring

instrument in the research study entitled "Effectiveness of Barangay Officials in

handling Child in Conflict with the Law on Selected Barangays in Tangub City".

Ethical Consideration

The ten principles of ethical consideration by Bell and Bryman (2007) will be

complied in this study. First, the research respondents will not be subjected to harm in

any way. Respect for the respondents’ dignity will be prioritized. Full consent will be

obtain from the respondents before the study. Protection of the privacy of research
respondents, the adequate level of confidentiality of the research data, and the anonymity

of individuals participating in the research will also be ensured. Moreover, deception and

exaggeration about the aims and objectives of the study will be avoided. Affiliations in

any forms, sources of finding, as well as any possible conflicts of interest, will be

declared. Lastly, any type of communication in relation to the research will be done with

honesty and transparency and any misleading information, as well as representation of

primary data findings in a biased way, will be avoided.

Trustworthiness of the Research

To observe credibility of the interpretation of this study, the proponents will

consult professionals and experts regarding the data to be gathered to assure that the

proponents will make correct judgments of the results in order to generate a good

recommendation for this. Nevertheless, this study will be conducted with utmost

reliability and diligence.

Definition of Terms

For better clarification and understanding of the terms related to this study, the

following terms are operationally defined.

Apprehension- the taking of a person into custody by competent authority, with

or without a warrant.
Barangay Officials- The barangay officials on the selected barangays in Tangub

City were conceptualized to perform their mandated duties and responsibilities at the

community level by maintaining public order, enforcing laws and ordinances,

implementing relevant programs and promoting the general welfare, among others. They

are considered the forefront of public service by their constituents.

Child In Conflict with the Law (CICL)- is a person who at the time of the

commission of the offense is below eighteen years old but not less than fifteen (15) years

and one (1) day old.

Effectiveness- A measure of the extent to which a specific intervention,

procedure, regimen, or service, when deployed in the field in routine circumstances, does

what it is intended to do for a specified population.

Handling- to deal with, have responsibility for, or be in charge of.

Initial Contact- once a barangay official apprehends or takes into custody a

CICL for allegedly committing an offense.

Diversion Proceedings- refer to programs that child in conflict with the law is

required to undergo after the child is found by the appropriate authority responsible for an

offense, without resorting to formal court proceedings.

Prevention- means the action of the barangay officials to reduce the instance,

delay the onset, or lessen the severity of the CICL cases in their respective barangays.
References
Babbie, E. (2010) The practice of social research. 12th Edition, Wadsworth, Belmont. 

Bryman, A. and Bell, E. (2007) Business Research Methods. Revised Edition, Oxford

University Press, Oxford.


Healy, M. and Perry, C. (2000) Comprehensive Criteria to Judge Validity and Reliability

of Qualitative Research within the Realism Paradigm. Qualitative Market

Research: An International Journal, 3, 118-126.

https://doi.org/10.1108/13522750010333861

Lavrakas, P. J. ed., 2008. Encyclopedia of Survey Research Methods. Thousand Oaks,

CA: SAGE Publications, Inc. Available at:

<https://dx.doi.org/10.4135/9781412963947> [Accessed 25 Nov 2022].

Mugenda, A.G. (2008) Social Science Research: Theory and Principles. Acts Press,

Nairobi.

Pagunuran, P. (2008). Children in Conflict with the Law. The Philippines Today.

Retrieved July13,2011,fromhttp://www.philippinestoday.net/index.php?

module=article&view=1098

UNICEF Philippines (2003). Jail is no place for a child. Retrieved October, 10 2012 from

(http://www.unicef.org/philippines/children/jj_1.html

Appendix A
Researcher-Made Questionnaire on the Effectiveness of Barangay Officials in Handling
Child in Conflict with the Law on Selected Barangays in Tangub City
Name (Optional): ___________________ Age: __________ Sex: ___________

Part I: Instruction. Please check () and rate honestly the given statements based on
your level of effectiveness on handling child in conflict with the law.

5- Always 4- Often 3- Sometimes 2- Rarely 1- Never


A. Initial Contact with the CICL 5 4 3 2 1
1. Introduces as “ate” or “kuya” to the CICL.
2. Mention their role in the Barangay.
3. Show the proper identification card or wear their
uniform as a Barangay Official.
4. Uses a child-friendly approach (words, tone,
behavior)
5. Inform the child’s parents/guardians/relatives that
their child is in custody for an offense.
B. Diversion of CICL
1. Ensures that proceedings are child-friendly and
sensitive to the needs, welfare and the protection
of the rights of the CICL.
2. Uses language that is simple and understandable
to the CICL.
3. Ensures that proceedings are conducted in a place
where identities of the child and the parties
concerned are kept confidential.
4. Ensures that there is enough privacy during the
proceedings.
5. Ensures that the CICL understands and realizes
his/her accountability.

Part II: Instruction. Please check () and rate honestly the given statements based on
the actions taken by the Barangay Officials to prevent Child in Conflict with the Law
(CICL) on their respective barangay.
Preventive Measures 5 4 3 2 1
1. Institute programs on juvenile justice and welfare.
2. Provide services that respond to special needs
problems interests and concerns of children.
3. Deliver services that offer appropriate counseling
and guidance to children and their families.
4. Promotes the best interest of the child.
5. Awareness raising on the situation and laws on
children
6. Hold classes and seminars on the proper rearing
of children and a positive parent-child
relationship.

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