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PLS SHARE TO BARANGAYS, THIS CAN USED AS REFERENCE FOR THE INTRODUCTION OF THEIR CBJIP, THEY JUST NEED TO
CONTEXTUALIZE BASED ON THEIR BARANGAY SITUATION. THANK YOU

I. INTRODUCTION:

In 2006, the Juvenile Justice and Welfare Act, or Republic Act 9344, was enacted in the Philippines. It was a progressive step geared toward a juvenile justice system that
was restorative and child-oriented. Importantly, it was in consonance with the United Nations Convention of the Rights of the Child (UN CRC) of which the Philippines was a
signatory in 1990, further signifying the government’s role in upholding the child’s beneficial role in society. R.A. 9344 was likewise anchored in the the Philippines National
Strategic Framework for Plan Development for Children, or Child 21, which was drafted in 2000 as a strategic framework to guide stakeholders in planning programs and
interventions that promote and safeguard the rights of Filipino children in the 21st century. Child 21 was considered a road map for national government, local government units
(LGUs), private and non-government organizations (NGOs) in planning priorities for action and in allocating resources to promote the rights of Filipino children. In 2001, the
Council for the Welfare of Children (CWC) intensified the advocacy and mobilization of resources and networks for the adoption of Child 21. It was hoped that LGUs will pass
resolutions and to formulate local development plans for children that outline health, education, protection and participation programs. In the end, a monitoring system mechanism
was in place to translate the Philippine’s vision for Filipino children into concrete, measurable impact indicators that is line with the child rights framework.

In accord with national and international laws and guidelines including those specified in the UN CRC and Child 21, R.A. 9344 changed the term “youthful offender” to
“child in conflict with the law” (CICL) to minimize stigma and to avoid the labelling of children and youth who have committed offenses against the law. R.A. 9344 explicated that
15-year old children and under are exempt from criminal responsibility, and those above 15 (plus one day) and below 18 years old are exempt unless they acted with discernment.
Discernment has been defined as the mental capacity to understand what is right and wrong and what consequences follow.

Additionally, R.A. 9344 provides for diversion programs, for CICL’s above 15 but below 18 years old accused of crimes punishable by 12 years imprisonment. In cases
where diversion is not available to the CICL who is eventually convicted, the sentence is automatically suspended and the CICL undergoes rehabilitation until his case is closed and
terminated.

Ultimately, R.A. 9344, which was amended by Republic Act 10630 (R.A. 10630) in 2013, maintained the exemption from criminal liability of children aged fifteen 15
years old and below. However, a child who is above 12 years of age up to 15 years of age and who commits serious crimes (e.g., murder, kidnapping, robbery with homicide or
rape, or offenses under the Comprehensive Dangerous Drugs Act of 2002; punishable by more than 12 years of imprisonment), shall be deemed a neglected child under Presidential
Decree No. 603, as amended. Moreover, the child shall be mandatorily placed in a special facility within the youth care facility or Bahay Pag-asa. Repeat offenders, or children
who have committed crimes more than three times, would also be considered as neglected children, and need to undergo intervention programs supervised by the local social
welfare and development officers. The law also imposes the maximum penalty for those who exploit children, such as syndicates, for the commission of criminal offenses. R.A.
10630 was considered to be another milestone in the Philippines’ goal to establish an improved restorative justice system that promotes and protects the welfare of children at risk
(CAR) and CICL. Presently, this goal is fortified by the new development agenda of the UN, referred to as the Sustainable Development Goals (SDGs), particularly the provision
which “promotes the peaceful Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive
institutions at all levels”. The Philippine government has expressed its commitment to ensure inclusive growth, which includes the continuing assurance to enact laws and policies
that respond to the needs of children in need of special protection, particularly the CAR and CICL.
 This document presents the situation analysis of children in conflict with the law (CICL) and children at risk (CAR) in the Cordillera Administrative Region (Cordillera).
While the region is relatively small compared to its neighboring regions in Northern Luzon, it is not spared of problems that confront both the children and youth sectors today.
Various programs, projects, and activities on children and youth from government and non-government agencies are weaved together to assist children, youth, and their families, as
well as communities to overcome multi-faceted problems that are brought about by a number of factors from their own families, communities, and the society at large. The upshots
are felt mostly by the children and youth at urban centers though children and youth in the rural, geographically isolated and disadvantaged areas are likewise not spared with these
challenges, if not more severely put at a disadvantage.

Considering the above, this document describes the extent and seriousness of the state of CICL, how many they are and in what provinces and municipalities they are
coming from. It also enumerates the reasons why these children are pushed to break the law and eventually become CICLs. This analysis also explores the situation of CICL in the
Cordillera by analyzing the factors that drive children to become CICL at various levels of analysis, i.e., demand side, supply side, and enabling environment.

This document shall serve as the basis for the members of the RRJWC and stakeholders in developing and carrying out policy directions and their corresponding programs,
projects, and activities for CICL and CAR in the region. It may also serve as a reference document for advocacy, fund raising, learning and development interventions as well as for
researches.

This situation analysis is presented in six (6) chapters. Chapter 1 provides a brief description of the document and states the purpose and users of this paper. Chapter 2 states
the rationale and context of the document. Chapter 3 provides the methodology employed in the analysis of the situation of CICL and CAR. Chapter 4 presents the regional profile
of the Cordillera. Chapter 5 details the actual situation of CICL and the CAR in the region with extensive analyses on the determining factors at various levels. Finally, Chapter 6
presents the conclusions and the recommendations to both the government and non-government organizations as a result of the analysis.
II.