Adalia, Besa, Fabio III, Gadiane, Guevarra, Martinez, Sarsosa,

Serrano
I. INTRODUCTION
Where minors are involved, the State acts as parens patriae. To it is cast the duty of
protecting the rights of persons or individual who because of age or incapacity are
in an unfavorable position, vis- a-vis other parties. Unable as they are to take due
care of what concerns them, they have the political community to look after their
welfare. This obligation the state must live up to. It cannot be recreant to such a
trust. As was set forth in an opinion of the United States Supreme Court: "This
prerogative of parens patriae is inherent in the supreme power of every State,
whether that power is lodged in a royal person or in the legislature, and has no
affinity to those arbitrary powers which are sometimes exerted by irresponsible
monarchs to the great detriment of the people and the destruction of their liberties.
On the contrary, it is a most beneficent function, and often necessary to be
exercised in the interest of humanity, and for the prevention of injury to those who
cannot protect themselves." 1
Article 2, 1987 Constitution
Section 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the support of the
Government. 2
The Two Tests
There are two tests in relation to this doctrine. These tests help the court to
ascertain the course of action that it can adopt depending upon the situation. It is
important to remember that these tests are merely guiding principles so as to help
the court to reach a logical conclusion.
1. Best Interests Test
The Best interests test requires the Court to ascertain the course of
action which would serve the best interests of the person in question. It is
important to note that the Court's decision should be guided by the interests
of the victim alone and not those of other stakeholders such as guardians or
society in general.
2. Substituted Judgment Test
The application of the Substituted Judgment test requires the court to
step into the shoes of a person who is considered to be mentally incapable
and attempt to make the decision which the said person would have made, if
he/she was competent to do so. This is a more complex inquiry but this test
can only be applied to make decisions on behalf of persons who are
conclusively shown to be mentally incompetent. 3
II. CONVENTION ON THE RIGHTS OF THE CHILD
Brief History
On February 7th, 1978, Poland presented the idea of a United Nations Convention
on the Rights of the Child. The bill consists of nineteen articles, of which ten are
legislative, and nine procedural. In contrast to the prior Geneva Declaration, this
Convention is supposed to be binding for states.
Seizing on the anniversary of the Geneva Declaration, Poland thought that such a
Convention on the Rights of the Child would be able to be adopted from 1979
onward. In reality, it took ten years for a bill to gain the unanimous support of the
international community.
In the spring of 1979, the Commission on Human Rights decided to create a working
group charged with writing this future Convention on the Rights of the Child.
This working group met once per year in Geneva, Switzerland. The system by which
the bill was written was one of consensus and political compromise, in order to
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Adalia, Besa, Fabio III, Gadiane, Guevarra, Martinez, Sarsosa,

Serrano unanimity. Though this system allowed it to better satisfy each government,
achieve
it removed a number of details, and was thus criticized by lawyers for not following
a pure legal logic.

1
2
3

Nery vs. Lorenzo, April 27, 1972

1987 Philippine Constitution

Desi Kanoon Law, Economics and Politics

2|Pag
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On November 20th, 1989, the General Assembly of the United Nations adopted the
Convention on the Rights of the Child as part of Resolution 44/25. The adoption of the
Convention put an end to a process lasting almost ten years. 4
Article 27 (Adequate Standard of Living)
States Parties recognize the right of every child to a standard of living adequate for
the child's physical, mental, spiritual, moral and social development.
The parent(s) or others responsible for the child have the primary responsibility to
secure, within their abilities and financial capacities, the conditions of living
necessary for the child's development.
States Parties, in accordance with national conditions and within their means, shall
take appropriate measures to assist parents and others responsible for the child to
implement this right and shall in case of need provide material assistance and
support programmes, particularly with regard to nutrition, clothing and housing.
States Parties shall take all appropriate measures to secure the recovery of
maintenance for the child from the parents or other persons having financial
responsibility for the child, both within the State Party and from abroad. In
particular, where the person having financial responsibility for the child lives in a
State different from that of the child, States Parties shall promote the accession to
international agreements or the conclusion of such agreements, as well as the
making of other appropriate arrangements. 5
The Philippines and the Convention on the Rights of the Child
By accepting the Convention, the State committed itself to undertake all
appropriate measures to ensure that the child is protected against all forms of
discrimination or punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians, or family members.
Moreover, with the ratification, the country was entrusted with the mission to
undertake all appropriate legislative, administrative, and other measures for the
implementation of the rights recognized in the [] Convention. With regard to
economic, social and cultural rights, [the Philippines] shall undertake such measures
to the maximum extent of their available resources and, where needed, within the
framework of international co-operation. 6

Specific rights of children under the Convention

Article 34. States Parties undertake to protect the child from all forms of
sexual exploitation and sexual abuse. For these purposes, States Parties
shall in particular take all appropriate national, bilateral and multilateral
measures to prevent:
(a)The inducement or coercion of a child to engage in any unlawful sexual
activity;
(b)The exploitative use of children in prostitution or other unlawful sexual
practices;
(c) The exploitative use of children in pornographic performances and
materials.
Article 35. States Parties shall take all appropriate national, bilateral and
multilateral measures to prevent the abduction of, the sale of or traffic in
children for any purpose or in any form.

Convention on the Rights of the Child, Humanium

United Nations Convention on the Rights of the Child

United Nations Human Rights, Regional Office for South East Asia

6
7

Convention on the Rights of the Child

III. LOCAL LAWS APPLICABLE TO THE CONVENTION

Laws in the Philippines
Locally, or here in the Philippines, there are various laws and regulations
which relate to children, they are:
1. RA 9344, Juvenile Justice and Welfare Act
2. RA 7610, Special Protection of Children against Abuse, Exploitation
and Discrimination Act
3. RA 9231, Act Providing for the elimination of Worst Forms of Child
Labor
4. RA 9775, Anti-Child Pornography
5. RA 9262, Anti-Violence Against Women and their Children Act
6. RA 9208, Anti-Trafficking in Persons specially Women and Children
The Special Protection of Children against Abuse, Exploitation
and Discrimination Act, Republic Act 7610, (sec. 3[d])
Under the R.A. 7610, the Comprehensive program against child abuse,
exploitation and discrimination are as follows:
1.
2.
3.
4.
5.

Child Prostitution and other sexual abuse;

Child trafficking;
Obscene publications and indecent shows;
Other acts of abuses;
Circumstances
which
threaten
or endanger
the
survival
andnormal development of children

Child Abuse
Child abuse refers to the maltreatment, whether habitual or not, of the
child which includes any of the following:
1. Psychological and physical abuse, neglect, cruelty, sexual abuse
and emotional maltreatment;
2. Any act by deeds or words which debases, degrades or demeans
the intrinsic worth and dignity of a child as a human being;
3. Unreasonable deprivation of his basic needs for survival, such as
food and shelter; or
4. Failure to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and development or in
his permanent incapacity or death.
Child Prostitution and other Child Abuse
Children, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult, syndicate
or group, indulge in sexual intercourse or lascivious conduct, are deemed
to be children exploited in prostitution and other sexual abuse.
Republic Act 9208, Anti-Trafficking in Persons Act of 2003
Child trafficking may be committed by any person who shall engage in
trading and dealing with children including, but not limited to, the act of

buying and selling of a child for money, or for any other consideration, or
barter.

IV. CHILDREN IN ARMED CONFLICT

Definition

A Child Associated with an armed force or armed group is any person under 18
years of age who is part of any kind of regular or irregular armed force or armed
group in any capacity.
Child Soldier- Is discouraged as it does not accurately reflect the range of roles in
which boys and girls are recruited and used for military purposes, and for whose
release UNICEF Advocates.
It is estimated today that tens of thousands of children, some as young as eight
years old are involved in at least 15 armed conflicts around the world. Children are
used as combatants, messengers, porters, cooks, and for sexual purposes including
being used as wives. Some are forcibly recruited or abducted; others are driven to
join by poverty, abuse, discrimination and ideology, or to seek revenge for violence
enacted against themselves and their families. Often girls and boys are abducted
from their schools, homes, and villages and brought to camps. They may be used as
combatants, porters, or for sexual purposes. UNICEF and other partners negotiate
with governments and armed groups for the release of the children, some of them
escape by themselves.
In some cases. The children are reunited immediately with their families. Others are
cared for in transit centers or by foster families before returning to their families. In
both cases, children received psychological assistance, medical care, and social and
economic support.
To ensure adequate reintegration of the children, it is important that they and the
concerned community benefits from a rage of support.
The physical and psychological impact on children and their communities across
generations cannot be underestimated. It deprives them of their rights and their
childhood. Stopping this is complicated. The key is prevention, to address the social,
security, political, and economic factors that lead to child recruitment. 10
Protocol Additional to the Geneva Conventions of 12 August 1949, and
Relating to the Protection of Victims of Non-International Armed Conflicts
(Protocol II)
Children shall be provided with the care and aid they require, and in particular:
(a) They shall receive an education, including religious and moral education, in
keeping with the wishes of their parents, or in the absence of parents, of
those responsible for their care;
(b) All appropriate steps shall be taken to facilitate the reunion of families
temporarily separated;
(c) Children who have not attained the age of fifteen years shall neither be
recruited in the armed forces or groups nor allowed to take part in hostilities;
(d) The special protection provided by this Article to children who have not
attained the age of fifteen years shall remain applicable to them if they take a
direct part in hostilities despite the provisions of sub-paragraph (c) and are
captured;
(e) Measures shall be taken, if necessary, and whenever possible with the
consent of their parents or persons who by law or custom are primarily
responsible for their care, to remove children temporarily from the area in
which hostilities are taking place to a safer area within the country and
ensure that they are accompanied by persons responsible for their safety and
well-being.

https://www.youtube.com/watch?v=FMxPd9k4s10

8
9

https://www.youtube.com/watch?v=Q4_iPhgzp3k

10

http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPACCRC.aspx

V. CHILDREN IN CONFLICT WITH THE LAW

Video Link: https://www.youtube.com/watch?v=KnNWGZZXofs
After watching the video, you are now basically informed of what Children in
Conflict with the Law (CICL) are, These children lost their way because their
community or family did not guide them, said Social Welfare Secretary Corazon
Juliano-Soliman 11
The term children in conflict with the law refers to anyone under 18 who comes
into contact with the justice system as a result of being suspected or accused of
committing an offense. 12
Most children in conflict with the law have committed petty crimes or such minor
offences as vagrancy, truancy, begging or alcohol use. Some of these are known
as status offenses and are not considered criminal when committed by adults. In
addition, some children who engage in criminal behavior have been used or
coerced by adults.13
Children in conflict with the law (CICL) are likewise vulnerable to abuse and
violence and other instances of human rights violations. Based on reports of the
Department of Social Welfare and Development (DSWD), there are approximately
10,000 CICL who are provided services by the department annually. More than
1,200 CICL are being served in the eleven (11) regional rehabilitation centers for
youth (RRCY) and about 9,000 are provided community-based interventions by
local social welfare and development offices. Ninety (90) percent of children in
conflict with the law are male. The majority of these children are 14-17 years of
age; they come from poverty-stricken families, and have minimal education. 14

Over 50,000 children in the Philippines have been arrested and detained since
1995.

Roughly 28 children get arrested

every day, or more than one child
for every hour.

8 out of 10 children in conflict with the law will

commit only one offense in their lifetime.
They are called "first-time offenders."

A "first-time offender" who is kept out of adult jails

is 8 times more likely to change and become
productive than a detained juvenile offender. 15

Children in the Philippines can be arrested and detained like adults from the age of
nine years old.
More than half of the crimes for which minors are charged are not serious offenses.
These include petty theft, sniffing of glue or solvents, vagrancy and violation of
curfew hours. Many cases involving children are not reviewed immediately. Most are
eventually dismissed by the courts due to out of court settlements or the failure of
witnesses to appear during the trial. Many children experience detention in substandard conditions for long periods of time before their cases are finally resolved. 16

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11

http://www.rappler.com/move-ph/issues/hunger/78690-children-conflict-law

12

http://www.unicef.org/chinese/protection/files/Conflict_with_the_Law.pdf

Ibid.
14 http://www2.ohchr.org/english/bodies/crc/docs/AdvanceVersions/CRC.C.PHL.3-4.pdf
13
15
16

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

6|Pag
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The state of jail system in the Philippines; Children in conflict with the
law (CICL)
According to UNICEF, an alarming number of children around the world are being
deprived of their liberty, held in detention without sufficient cause. Similarly, while
the Convention stresses that imprisonment of a child shall be used "only as a
measure of last resort and for the shortest appropriate period of time, many
children have been rounded up simply for being a nuisance or perceived as a
threat. Moreover, most of them have not been tried, and yet are being held for
months, and in some cases years, often without access to legal aid. In some
countries, the great majority of children coming into conflict with the law are from
disadvantaged communities and are criminalized for simply trying to survive. 17
Too often, 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 law enforcement officials. 18
Based on records of the Philippine National Police (PNP) crimes committed by CICL
are mostly property-related and are therefore linked to conditions of deprivation and
poverty experienced by the children. More than 70 percent of the crimes committed
by children are non-serious crimes that could be best handled through non-judicial
measures. Unfortunately, children are oftentimes detained with adults in cells that
are overcrowded and where sanitation is poor, food is inadequate and health care
and educational programs are non-existent. The delays in the hearing of cases in
court and the tendency of judges to order detention of children even for petty
offenses work to the disadvantage of the children. 19
On growing up behind bars
DSWD observed that most CICL come from poor families, and have stopped
schooling. Most are males between 14 to 17 years old, but some cases involve
much younger children. 20
Some have families, but for other children, family means nothing. Some were
raised not by parents, but by syndicates pushing them to a life of crime. 21
Theft is the most common offense, the Philippine National Police reported, with the
National Capital Region having the most cases, followed by Central and Western
Visayas. 22
Another problem reported is gangsterism, which can give children access to
alcohol and drugs. When they sniff rugby, they no longer feel hungry, offering a
temporary escape to a problem they face daily. 23
We should look deeper why these children turned out like this. Who teaches them?
Isnt it adults? They're the ones that need to be jailed, not children, said Soliman.
24

It must be tougher growing up behind bars.

17
18

25

http://www.un.org/events/tenstories/06/story.asp?storyID=2800
http://www.unicef.org/chinese/protection/files/Conflict_with_the_Law.pdf

19
20
21

http://www2.ohchr.org/english/bodies/crc/docs/AdvanceVersions/CRC.C.PHL.3-4.pdf
http://www.rappler.com/move-ph/issues/hunger/78690-children-conflict-law
Ibid.

Ibid.
23 Ibid.
22

24

Ibid.

25

Ibid.

The psychological effect of jail for minors

Frequently, the children who are in conflict with the law are held under deplorable
and inhumane conditions. Physical abuse is common and children suffer deep
trauma resulting from torture and interrogation. Child victims of trafficking and
sexual exploitation are often re-victimized.
Putting children in prison instead of seeking alternatives stigmatizes them as
delinquents, robs them of opportunities for jobs and scholarships and exposes them
to others who have committed more serious crimes. It also increases the likelihood
of children breaking the law once again. 26
Solution
According to Articles 37 and 40 of the Convention on the Rights of the Child (1989)
to which the Philippines is a signatory of, children in conflict with the law have the
right to treatment that promotes their sense of dignity and worth, takes into
account their age and aims at their reintegration into society. Also, placing children
in conflict with the law in a closed facility should be a measure of last resort, to be
avoided whenever possible. The convention prohibits the imposition of the death
penalty and sentences of life imprisonment for offences committed by persons
under the age of 18. 27
The UN Committee on the Rights of the Child expressed its concern about the
Philippine government administers juvenile justice and the incompatibility of the
existing justice system with the principles and provisions of the Convention and
other international standards relating to juvenile justice. The Committee
recommended a comprehensive reform of the system of administration of juvenile
justice in the Philippines. 28
While the unanimous adoption of the child rights convention by the United Nations
General Assembly in 1989 gave a major impetus to worldwide efforts to protect
children's rights and brought media spotlight on many of the underlying issues, UN
experts are warning that a troubling development with serious implications for
children's well-being has not received enough attention. To address this problem,
UNICEF is working with a number of countries to bring juvenile justice systems in
line with international standards and to safeguard the rights of children who come
into contact with the law. 29
UNICEF aims to reduce incarceration while protecting children from violence, abuse
and exploitation. It promotes rehabilitation that involves families and communities
as a safer, more appropriate and effective approach than punitive measures. Justice
systems designed for adults often lack the capacity to adequately address these
issues and are more likely to harm than improve a childs chances for reintegration
into society. For all these reasons, UNICEF strongly advocates diversion (directing
children away from judicial proceedings and towards community solutions),
restorative justice (promoting reconciliation, restitution and responsibility through
the involvement of the child, family members, victims and communities), and
alternatives to custodial sentencing (counselling, probation and community service).
30

26
27

http://www.un.org/events/tenstories/06/story.asp?storyID=2800

http://www.unicef.org/chinese/protection/files/Conflict_with_the_Law.pdf

http://www.unicef.org/philippines/children/jj_1.html
29 http://www.un.org/events/tenstories/06/story.asp?storyID=2800
30 http://www.unicef.org/chinese/protection/files/Conflict_with_the_Law.pdf
28

Local/Domestic Actions and Legislations

The Philippines never gave much thought to CICL until 2006 when the "Juvenile
Justice and Welfare Act or Republic Act 9344 was passed. 31
Prior to this law, children were locked up in jails together with adults even for petty
offenses. They were vulnerable to abuse during arrest and detention. An average of
10,515 children were arrested every year, DSWD reported. 32
Thats one child per hour.

33

The plight of child prisoners was exposed in the 2005 documentary Bunso,
featuring the lives of boys detained in a Cebu jail. Kids dealt with less-than-humane
living conditions; racing for meager meals distributed in buckets; sleeping on cold
concrete next to rows and rows of bodies; and either obeying or fighting older,
bigger inmates. 34
By the end of the film, one boy died from heart failure brought about by drug abuse.
35

This was because the criminal justice system was adult-oriented, according to
DSWD, noting the absence of child-sensitive interventions at the time. 36
RA 9344 was a landmark legislation establishing a new system wherein children
can be held accountable without incarceration. The law focused on prevention
and reintegration programs to lessen childrens risk of re-offending. 37
It established JJWC and raised the age of criminal responsibility from 9 to 15 years
old. This means that those aged 15 and below are exempt from criminal liability,
but subjected to intervention programs. This also applies to those older than 15
but under 18, unless they acted with discernment. 38
Operation Second Chance
The passage on 23 April 2006 of RA 9344 or the Juvenile Justice and Welfare Act
(JJWA) of 2006 has been a great leap forward in improving the legal and judicial
protection of children. However, information on and proper understanding of the law
has yet to be widely disseminated not only to the general public but especially to
the major implementers of the law, some of whom are not yet fully aware of its
provisions and its implementing rules and regulations. But with the passage of the
law, the number of children detained with adults has already decreased. As of
September 2006, there were 1,102 CICL detained in jails managed by the Bureau of
Jail Management and Penology (BJMP). Efforts have been made to provide for
completely separate detention facilities for these children, but this has been fully
achieved only in Metro Manila and in Cebu City (i.e., Operation Second Chance).
While the conditions in these separate facilities are not ideal, they are much better
than the conditions in the ordinary jails where children are detained together with
adults. 39
Records of the Juvenile Justice and Welfare Council (JJWC) - which was created under
RA 9344 to oversee the implementation of the law and to advise the President on all
matters and policies relating to juvenile justice and welfare - showed that the
number of CICL has decreased from 5,297 in December 2006 to 1,392 in June 2007.
The data indicate that the relevant government agencies including the Department
of Justice and the Public Attorneys Office have acted on the situation of CICL
pursuant to RA 9344 and its IRR and Executive Order No. 633 providing for the
immediate release of detained CICL as declared under RA 9344. 40
To date, out of a total of 2,195 state prosecutors, only thirteen (13) percent or 300
prosecutors have been oriented and trained on the provisions of RA 9344 and its
implementing rules and regulations (IRR). Other pillars of the justice system
including law enforcers, public attorneys, judges, social workers likewise have to be
oriented and trained on the JJWA and its implementing rules and regulations. The
JJWC still has a big challenge of getting the law properly understood and
implemented, particularly at the level of local government units (LGUs). 41
_
31
32

http://www.rappler.com/move-ph/issues/hunger/78690-children-conflict-law
http://www.rappler.com/move-ph/issues/hunger/78690-children-conflict-law

33Ibi

d. 34
Ibid.

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35
36
37
38
39

Ibid.
Ibid.
Ibid.
Ibid.

http://www2.ohchr.org/english/bodies/crc/docs/AdvanceVersions/CRC.C.PHL.3-4.pdf

40

http://www2.ohchr.org/english/bodies/crc/docs/AdvanceVersions/CRC.C.PHL.3-4.pdf

41

Ibid.

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Inventory of children in conflict with the law (CICL) by region as per

records of the Juvenile Justice and Welfare Council (JJWC), 2006 and 2007
42

The Hope
Aside from the implementation of General Measures of the our Municipal Legislation,
such as:
- Continuing review and enactment of legislation
- Budgetary allocations
- Independent monitoring
- International cooperation
- Measure taken to raise the awareness of people on the rights of CICL
In 2012, RA 10630 amended the earlier law and required local government units
(LGUs) to manage juvenile intervention and support centers called Bahay Pag-asa
(House of Hope). 43
The amended law allocated P400 million for the establishment of Bahay Pag-asa
centers across provinces and highly urbanized cities. Aside from temporary shelters,
the houses also provide victim assistance, health and education services,
counseling, and skills training. 44
Parents of CICL are also counseled.

45

The new law also imposes maximum penalty against adults who exploit children to
commit crime. It transferred the JJWC from the Department of Justice to DSWD. 46
Soliman denied claims that former CICL are thrown back to the streets; if necessary,
they are transferred to a Regional Rehabilitation Center for Youth (RRCY) managed
by DSWD. 47
However, those younger than 6 are returned to their families. In the absence of
capable families, the child is placed in other care institutions run by DSWD, LGUs, or
non-governmental organizations. 48
The UNICEF also has contributed some guidelines or standards for the Sovereignties
signatory to the Child Rights Convention, as well as those that are not, are required
to obliged or at least observe the following standards for the protection of childrens
rights and welfare: 49
_

Ibid.
http://www.rappler.com/move-ph/issues/hunger/78690-children-conflict-law
44 Ibid.
45 Ibid.
46 Ibid.
47 Ibid.
42
43

48
49

Ibid.

http://www.unicef.org/chinese/protection/files/Conflict_with_the_Law.pdf

 Government commitment and capacity

o These are crucial to promote and support policies that encourage the
use of alternatives to deprivation of liberty. A proper approach to
juvenile justice also requires that efforts be made to prevent children
from coming into conflict with the law in the first place. This is work for
the entire society, not just the government.
Legislation and enforcement
o National laws should be revised to conform with international
standards, with legislation enacted and enforced to prevent children
from being deprived of their liberty when they have been victims of
abuse and exploitation, were used by adults for criminal activities or
have committed status offences or petty crimes. The death penalty for
children should be abolished.
Attitudes, customs and practices
o Children in conflict with the law may be portrayed as wicked or
threatening, and presumptions of character need to be challenged. The
establishment of appropriate juvenile justice mechanisms can be
difficult if public opinion favours tougher responses and harsher
sentences.
Open discussion
o The media can promote appropriate approaches to children in conflict
with the law, including probation and community service. Objective and
responsible reporting of crimes committed by children and the abuses
they face in contact with the law can increase public support for
juvenile justice.
Childrens life skills, knowledge and participation
o Children who come in conflict with the law need to be informed about
their rights. Preventive measures can improve childrens understanding
of their responsibilities under the law and help them avoid conflict.
Capacity of families and communities
o Capacities need to be strengthened to enable community involvement
in the process of restorative justice. Law enforcement officials should
be familiar with constructive approaches that make it possible to avoid
formal arrest and detention of children in conflict with the law. Capacity
and knowledge of juvenile judges, magistrates, social workers and
police need to be strengthened and increased in the area of juvenile
justice.
Essential services, including for prevention, recovery and reintegration
o Services should be in place offering community based and familyfocused assistance so that children can achieve rehabilitation and
avoid repeat offences.

Monitoring, reporting and oversight

o
These are needed to determine the number of children in detention,
the proportion of those awaiting trial and trends in sentencing.
Monitoring can ensure that detention is neither illegal nor arbitrary,
that children have access to all basic social services, and that they are
not detained alongside adult prisoners and exposed to violence and
abuse.

10 | P a g
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Cracks of the System

The problem in the Philippines is not the lack of laws, advocates say, but the lack of
teeth of these laws. 50
Media reports on the alleged bad conditions experienced by street children inside an
LGU-run center revealed bigger cracks within the countrys child welfare system.
51

These bigger cracks refer to the countrys lack of assurance to the accessibility of
opportunities to such families, which is discussed in another instance. 52
The inquiry on centers for street children also paved the way for more questions;
this time, on the condition of CICL centers. 53
Since 2006, children are no longer detained in jails. However, advocates argue
that some BahayPagasa centers are not far from jails 54
Most of these LGU-run centers are substandard, young children are abused by
older, bigger children, sometimes even with the knowledge and worse, consent of
the staff, Francis Bermido Jr, executive director of Preda Foundation. 55
But the problem will never have a solution until the government put professionally
trained people in charge of centers that's daily monitored and transparent 56
Cullen calls for stricter monitoring of how such centers use their budget, asking for
the Commission on Audits help. He also observed that some centers lack
development programs and have detention-like environments, Theyre like fish in a
glass bowl. 57
Lawyer Tricia Oco, JJWC executive director, admitted that there are still several LGUs
which have not reached the highest accreditation standards of DSWD. 58
We are helping these LGUs on this, Oco added. Aside from monitoring centers, the
JJWC will also train police officers on handling cases involving CICL. 59
DSWD invited Preda and other advocates to help the government improve CICL
programs. 60

50

http://www.rappler.com/move-ph/issues/hunger/78690-children-conflict-law

Ibid.
52 Ibid.
53
http://www.rappler.com/move-ph/issues/hunger/78690-children-conflict-law
54 Ibid.
51

55

Ibid.

56

Ibid.

11 | P a g
e

57

Ibid.

58

Ibid.

59

Ibid.
Ibid.

60

12 | P a g
e

Adalia, Besa, Fabio III, Gadiane, Guevarra, Martinez, Sarsosa,

Serrano
Conclusion
UNICEF says that to refrain from imprisoning children simply trying to survive as the
video told as, kung alam lang nila kung gano kahirap mabuhay sa lansangan (If
they only knew how hard it is to live out there). Instead, the UNICEF imposes that
the sovereign nation should divert children who have committed minor crimes away
from the criminal justice system, and to use detention only as a means of last
resort. When children are imprisoned they should be kept separate from adults;
governments should monitor the situation very closely, at a minimum having
records of how many children are in jail and how long they have been there.
That until the day that we change how we perceive the reason why these kids or
minors do what they do, or until they are brought to awareness on how many ways
they can change, or until there is REAL ENFORCEMENT to the accessibility of
opportunities, as like stated in the video Wala namang Gobyerno na nag sasabi sa
amin na pwede kaming mag bago (No Government ever comes here to help us and
tell that we can change), these children in conflict with the law shall continue to
proliferate.
Its not the Punitive/Justice System of the law that needs to be changed, as Ive said
before in all my advocacies, that the phrase Prevention is always better than Cure
should be understood not only in a ways to favor Curative over Punitive methods,
but to strike the problem from its source and thereby effectively, if not completely,
obliterate the problem.
What children see, they'll think is right, Soliman said. So lets be good examples
for children. 61
***END***

Adalia, Besa, Fabio III, Gadiane, Guevarra, Martinez, Sarsosa,

Serrano
61

http://www.rappler.com/move-ph/issues/hunger/78690-children-conflict-law

Adalia, Besa, Fabio III, Gadiane, Guevarra, Martinez, Sarsosa,

Serrano
OTHER VIDEO SOURCES:
1. CHILD PROTECTION (UNICEF)
http://youtu.be/7N09aumtiQs
2. CHILD PROSTITUTION and ABUSE
https://www.youtube.com/watch?v=MFdDp-s_mO0
https://www.youtube.com/watch?v=VkY0xqtw6W8
3. CHILD TRAFFICKING
https://www.youtube.com/watch?v=cavnJlRKgrc
4. CHILDREN IN ARMED CONFLICT:
https://www.youtube.com/watch?v=FMxPd9k4s10
https://www.youtube.com/watch?v=Q4_iPhgzp3k

QUESTIO
NS

1. Q: Why are children considered one of the vulnerable sectors?

A: There are particular groups who, for various reasons, are weak and

vulnerable or have traditionally been victims of violations and consequently

require special protection for the equal and effective enjoyment of their
human rights. Every child has the right to grow to adulthood in health, peace
and dignity. Young children are vulnerable and dependent on adults for their
basic needs, such as food, health care and education.

2. Q: In the case of Nery vs. Lorenzo, why does the State have the
duty of protecting the rights of persons who are minors or
incapacitated?
A: Where minors are involved, the State acts as parens patriae. To it is cast
the duty of protecting the rights of persons or individual who because of age
or incapacity are in an unfavorable position, vis-a-vis other parties. Unable as
they are to take due care of what concerns them, they have the political
community to look after their welfare. This obligation the state must live up
to.

3. Q: What are the two (2) tests that help the court to ascertain the
course of action that it can adopt depending upon the situation in
relation to the doctrine of parens patriae?
A: The two tests are as follows:
1. Best Interests Test
The Best interests test requires the Court to ascertain the course of
action which would serve the best interests of the person in question. It is
important to note that the Court's decision should be guided by the interests
of the victim alone and not those of other stakeholders such as guardians or
society in general.
2. Substituted Judgment Test
The application of the Substituted Judgment test requires the court to step
into the shoes of a person who is considered to be mentally incapable and
attempt to make the decision which the said person would have made, if
he/she was competent to do so. This is a more complex inquiry but this test
can only be applied to make decisions on behalf of persons who are
conclusively shown to be mentally incompetent.

4. Q: What are the specific rights of children under the Convention?

A: Pursuant to Article 34 and Article 35 of the Convention, States Parties

undertake to protect the child from all forms of sexual exploitation and sexual
abuse. For these purposes, States Parties shall in particular take all
appropriate national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual
activity;
(b) The exploitative use of children in prostitution or other unlawful sexual
practices;
(c) The exploitative use of children in pornographic performances and
materials.
Also, Article 35 provides that States Parties shall take all appropriate national,
bilateral and multilateral measures to prevent the abduction of, the sale of or
traffic in children for any purpose or in any form.

5. Q: How can child trafficking be committed?

A: Under RA 9208, or the Anti-Trafficking in Persons Act of 2003, Child

trafficking may be committed by any person who shall engage in trading and
dealing with children including, but not limited to, the act of buying and
selling of a child for money, or for any other consideration, or barter.

6. Q: What comprises child abuse, exploitation, and discrimination

under Republic Act 7610?

A: Under the R.A. 7610, the Comprehensive program against child abuse,
exploitation and discrimination are as follows:
1.
2.
3.
4.
5.

Child Prostitution and other sexual abuse;

Child trafficking;
Obscene publications and indecent shows;
Other acts of abuses;
Circumstances which threaten or endanger the survival and normal
development of children

7. Q: What age is required to be recruited in the armed forces or

groups or be allowed to take part in hostilities?
A: Children who have not attained the age of fifteen years shall neither
be recruited in the armed forces or groups nor allowed to take part in
hostilities.

8. Q: What is a Child in Armed Conflict?

A: A Child Associated with an armed force or armed group is any person
under 18 years of age who is part of any kind of regular or irregular armed
force or armed group in any capacity.

9. Q: Why is there a greater necessity for children in conflict with the

law, as against adult offenders, to be provided for alternative
rehabilitations and be excluded from incarceration?
A: Because of the psychological effect of jails for minors.
Frequently, the children who are in conflict with the law are held under
deplorable and inhumane conditions. Physical abuse is common and children
suffer deep trauma resulting from torture and interrogation. Child victims of
trafficking and sexual exploitation are often re-victimized.
Putting children in prison instead of seeking alternatives stigmatizes them as
delinquents, robs them of opportunities for jobs and scholarships and
exposes them to others who have committed more serious crimes. It also
increases the likelihood of children breaking the law once again.
10. Q: What do you think is the problem of the laws governing children in conflict
with the law?

A: The problem in the Philippines is not the lack of laws, advocates say, but
the lack of teeth of these laws. Media reports on the alleged bad conditions
experienced by street children inside an LGU-runned center revealed bigger
cracks within the countrys child welfare system.
These bigger cracks refer to the countrys lack of assurance to the
accessibility of opportunities to such families.