1

THE JUVENILE JUSTICE AND WELFARE ACT

Under R.A. No. 9344, juvenile justice and welfare system is defined
as a system dealing with children at risk and children in conflict with the
law, which provides child-appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, reintegration and aftercare
to ensure their normal growth and development.
It was created in pursuance to Article 40 of the United Nations
Convention on the Rights of the Child which provides that the members
recognized as, having infringed the penal law to be treated in a manner
consistent with the promotion of the childs sense of dignity and worth,
taking into account the childs age and desirability of promoting his/her
reintegration; that whenever appropriate and desirable, the State shall
adopt measures for dealing with such children without resorting to judicial
proceedings, providing that human rights and legal safeguards are fully
respected; that the member states shall ensure that children are dealt with
in a manner appropriate to their well-being by providing for, among others, a
variety of disposition measures such as care, guidance and supervision
orders, counseling, probation, foster care, education and vocational training
programs and other alternatives to institutional care.

1 http://usefulessays.com/juvenile-justice-system-research-paper/
2 https://reineheart25.wordpress.com/2013/12/06/5-exit-essay-englcom-experience/

The reason behind giving special treatment to young offenders is the

idea of parens patriae (the state as parent). This doctrine suggests that it is
the responsibility of the state to protect and nurture children when their
parents fail to do so. Therefore, when a minor commits a crime, he should
receive an alternative treatment for his crime rather than punishment of
typically imprisonment. This approach aims to alter the course of criminal
behavior and to turn the minor into a productive citizen in the future.
There are numerous reasons why minors are now more prone to
committing crimes:
First, since children and adolescences are much more responsive to
environmental pressure, one should carefully consider the motives of a
young criminal. For example, a child who cannot afford a status symbol (e.g.
fashion brands) would be prone to theft, as he perceives the product as a
critical (i.e. a need rather than a want) social barrier. The same holds true for
other types of criminal offence such as drug abuse and violence.
Second,

minors

are

typically

less

experienced;

therefore,

their

perception about good and bad differ from adults, and they are much more
sensitive to manipulations. Referring to the defenses in perception between
minors and adults, Justice Kennedy noted that the same characteristics that
render juveniles less culpable than adults suggest as well that juveniles will
be less susceptible to deterrence.

1 http://usefulessays.com/juvenile-justice-system-research-paper/
2 https://reineheart25.wordpress.com/2013/12/06/5-exit-essay-englcom-experience/

Third, one must weigh the benefits of punishment and isolation of a criminal
against the effects of imprisonment on a teenager, who would, most
probably, integrate in a society with a developed criminal culture. It is thus a
sound assumption that many of the young prisoners are growing up into a
life of crime. 1
In the Philippines today, the youth are not exempted from confronting
such issues. Records of DSWD show that of the thousands, 9,390 are male
and only 704 are female. Most came from the Visayas, Southern Tagalog and
Ilocos regions. In the National Capital Region, there are about 1,130 youth
offenses documented. The severity and gravity of these delinquent acts are
generally determined by economic, social and cultural factors. Economic
crises, political instability, inconsistent system of major institutions and
poverty, which is very common in the Philippines, are the major roots of
juvenile delinquency. The growing gap between the rich and the poor often
leads to unwanted others where these teenagers belong. For them to
technically survive, they are forced to commit aberrant deeds such as
stealing. Most importantly, family, peer, and the media also play a crucial
role in the formation of the teens ethics. If these social factors expose
negative things, the teens would most likely turn to a juvenile delinquent.
These factors are responsible to the transition from childhood to adulthood.
There are various cases wherein juvenile crimes were reported. In
2008, PNP testified that there 18% of crimes committed, specifically theft,
involving minors. In that same year, there were also 208 reports of rape
involving youth offenders. Furthermore, a total of 2,158 cases involving
1 http://usefulessays.com/juvenile-justice-system-research-paper/
2 https://reineheart25.wordpress.com/2013/12/06/5-exit-essay-englcom-experience/

under aged offenders were as well reported to the PNP Women and Children
Protection Center and cases of drug use also rose by some 28 percent, from
113 in 2007 to 145 last year. In the following year, DSWD testified that there
are more than 2,600 cases of juvenile acts. A year later the number reduced
to 1200. However DSWD claims that there are still many unreported cases in
the country.

the government, different organizations and the youths and their

parents themselves must take actions to eradicate the increasing number of
juvenile crimes.

First and foremost, youth and parental counseling could be done to

hear out their possible concerns. For the parents, family members and the
involved teen, mutual understanding is important. The family should have a
positive attitude towards life and towards society. They should and must
show the children positive values, norms and standards of society in this way
the children will be able to show the right behavior to the society. Parental
supervision and guidance are a key factor of self-cultivation in lifetime. For
the part of the government, they should support families that have poor
economic status so that they can improve their financial condition and
prevent juvenile acts. The parents must also be aware of the peers their child
is involved for circle of friends are greatly influential. For youth counseling,
counselors must be able to detect and help teens suffering from
1 http://usefulessays.com/juvenile-justice-system-research-paper/
2 https://reineheart25.wordpress.com/2013/12/06/5-exit-essay-englcom-experience/

psychological concerns which may be a factor for violent acts.

Second,

school education plays an important role to teach traditional beliefs.

Secondly, the institution must be a tool for molding the mindset of the
individuals as early as childhood days. Third in line, the present situation also
calls for a control and supervision on the mass media. Books and programs
should be in good quality. There should be more educational books and
programs for the youth to educate them how to distinguish the right from the
wrong. Lastly, youth rehabilitation could do best in to restoring a troubled
person. The Department of Social Welfare and Development maintains 10
regional

rehabilitation

centers

throughout

the

country.

To

this

end,

recreational centers, parks, and guidance centers must be established and

maintained.
The measures stated would only be deemed effective if those would be
practically practiced and observed and if juvenile delinquency cases would
decrease significantly. As of now, there are no changes and reports that
juvenile crimes had lowered instead; there is still a sudden boom in such
crimes. There is an inadequate response to this issue since the centers for
rehabilitation often lacks facilities. The current provisions of the Juvenile
Justice and Welfare Act of 2006 (Republic Act 9344) address only the cases of
youth offenders aged 15 to 18, yet many local governments have been
complaining about minor or even major crimes being committed by much
younger people. But on amendments done, repeat or serious offenders in the
12-15-age-bracket will now be subjected to what a senator called an
1 http://usefulessays.com/juvenile-justice-system-research-paper/
2 https://reineheart25.wordpress.com/2013/12/06/5-exit-essay-englcom-experience/

intensified intervention program and involuntary commitment. Despite all

the solutions and efforts presented that would help eradicate juvenile
delinquency, these teens strongly believe that the end does not justify the
mean. A DSWD primer on child welfare services elaborates that youth
offenders are victims of circumstances beyond their control hence they
should be treated as individuals with problems who need help and not as
criminals. DWSD claims that the Filipino youth offenders should be
understood in the concept of the Filipino family crisis.

Additionally, NSO

reports that one out of every five Filipino had no early education. Economic
recession has pushed teens to stop their studies and help support their
familys income.

1 http://usefulessays.com/juvenile-justice-system-research-paper/
2 https://reineheart25.wordpress.com/2013/12/06/5-exit-essay-englcom-experience/