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AN EVALUATION OF THE REHABILITATION PROGRAM FOR CHILD IN CONFLICT WITH THE LAW IN THE MUNICIPALITY OF NAUJAN ORIENTAL MINDORO

BABY THESIS Presented to the Faculty of College of Criminology LUNA GOCO COLLEGES Lalud, Calapan City Oriental Mindoro

In partial Fulfillment of the Requirements for the degree of BACHELOR OF SCIENCE IN CRIMONILOGY

By Hanna Chelsea Managaysay Padua Chiara Marie Ferrer Gayoso Gabriel Atienza Casiple Rabbi Gabia Aclan Alfred Shun P Atienza

2016 TABLE OF CONTENTS

DEDICATION With deep concern and heartfelt gratitude, the researchers wish to dedicate this humble piece of work our Almighty God for giving them grace and guidance in concurring every challenges. To Batch MASIDLANG for giving them inspiration to pursue their dreams. This work is also dedicated to their family, relative and friends for giving them strength and support to set forth to this journey this work would never be possible without them: Mr. Danilo M. Padua Jr. Mrs. Haide M. Padua, Deine Danielle Padua, Dan Henley & Padua Niel Hendrix Padua, Mr. Deorito Managaysay,Mrs Letticia Mnagayasay Mrs. Rhona M.Panganiban, Eizelle Rheine M. Panganiban, Mr. Danilo Padua Sr. and to my grandmother Mrs Elsie M. Padua I love you more than anything in this world.

ACKNOWLEDGEMENT The researchers set forth on a journey toward high intellectual challenge welcoming the beginning of many more challenges that will define their career. This

journey would have been possible without the almighty God who continuously blessed them with wisdom and strength that facilitated the completion of this work. The researchers is honoured to take this opportunity to thank the people who have helped them through this process. The Researchers would like also to show their gratitude to the nurturing support and critical advice they received from their adviser PSUPT William C. Destura. It has been a privilege to work under his guidance. The researchers would like also to show their appreciation to Dr. Emelita C. Luna Goco for allowing the researchers to embark on this journey. The researchers would like also to show gratitude to the Social Worker, Police Officers and members of the LGU of the Municipality of Naujan Oriental Mindoro. They appreciated their honest and significant response and for accommodating them in their office. They would like also to thank their family members for all their support and inspiration that led them up to this point in life. To their dearest parents for their support makes their journey worthwhile.

CHAPTER I The Problem and its Background INTRODUCTION

Filipino children who reach the age of 9 years old could be as good - or as bad as an adult under the existing system of treating juvenile offenders, where many of them are charged and tried as grown-ups. Today, as many as 30,000 children may be growing into adulthood in various cities, municipal and provincial jails. It has been widely documented that the deterioration of living conditions in urban areas has led to many social problems such as juvenile delinquency, drug dependence and prostitution.

Other negative effects of urbanization include environmental

degradation, pollution, problems with garbage and sewerage disposal, traffic jams and congestion. These are conditions that are conducive to crime. After RA 9344 was amended and RA 10630 took effect on November 7, 2013, it can be said the juvenile system as a whole is in place, and all the legal bases are laid down. However, gaps still exist in the implementation of the amended Act. The first challenge is the lack of compliance with the various provisions of the law. In particular, the provided mandates and duties of LGUs are still not fully observed. It is recognized that the success of the law lies in the proactive involvement of local government units, starting from the level of the barangay up to that of the provincial government. Secondly, the detention of children pending trial is still reported to be prevalent. Children are continually committed by Family Courts or Regional Trial Courts to BJMP-managed jails and worse, to the national penitentiary, where they encounter overcrowded facilities in poor condition. In addition, the lack of specialized courts, facilities, and personnel and conflicting provisions are a significant issue. For example, the Supreme Court Revised Rule on Children in Conflict with the Law allows children charged with non-serious offenses to be placed under the care of a jail if there are no youth facilities available in

their jurisdiction.18 Moreover, public support is also needed for the steadfast implementation of the law. Unfortunately, public misconceptions about the Act still prevail. There is skepticism about the efficacy of the Act, especially its inability to prevent recidivism among CICL. Finally, there are many NGO-managed Youth Homes/BPAs that are still not accredited by DSWD. According to the DSWD submission, there are only four accredited BPAs, as of the end of 2014 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. 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. 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. 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. The PNP has admitted that there has been an increase in crimes committed in the country, but this could be explained by the fact that “crime reporting has become more efficient. The PNP has also increased its reliance on “factual and actual” police blotters. In 2013, a total of 1,033,833 crimes were reported. In the first five months of 2014, some 289,198 crimes were reported from January to May. In the same period last year, 245,347 crimes were tallied. Typical criminal acts include pickpocketing,

confidence schemes, acquaintance scams, and credit card fraud. Carjacking, kidnappings, robberies, and violent assaults occur sporadically. The Philippines never gave much thought to CICL until 2006 when the "Juvenile Justice and Welfare Act” or Republic Act 9344 was passed. 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 was arrested every year, DSWD reported. That’s one child per hour. 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 meagre meals distributed in buckets; sleeping on cold concrete next to rows and rows of bodies; and either obeying or fighting older, bigger inmates. By the end of the film, one boy died from heart failure brought about by drug abuse. “This was because the criminal justice system was adult-oriented,” according to DSWD, noting the absence of child-sensitive interventions at the time.

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 children’s risk of “re-offending. “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.”

The problem in the Philippines is not the lack of laws, advocates say, but the lack of teeth of these laws.

The problems of street children and juvenile delinquents are much related social problems. To survive in the street you almost have to become delinquent. Exposed to criminal elements these children are vulnerable to prostitution, drug addiction and pushing and commission of crimes. Most street children have become juvenile delinquents either out of necessity (because they are poor) or through force (because of the syndicates). Young people in the streets are also criminalized and stigmatized for no obvious crime committed. So many times the streets were cleaned up at the start of the tourist season and as a consequence many street children were jailed because of vagrancy laws. A large problem arose from the treatment accorded to the juveniles when they were placed in jails. Most juvenile delinquents were not segregated from the hardened adult criminals in the biggest jails in the Philippines, such as in the Muntinlupa jail outside Manila, so that after their release they went back in the street with more knowledge of crime. This severely hampered the social integration of the youth offenders after they left prison. Chances were high that these young offenders would become chronic delinquents and eventually hardened criminals.

Presidential Degree no. 603 otherwise known as the Child and Youth Welfare Code was signed into law on December 10, 1974 and became effective six months after its

approval. This code mentions in Chapter 3, articles 189-204, the care and treatment of youthful offenders from the time of apprehension up to the termination of the case.

Before Marcos time the Juvenile and Domestic Relations Courts provided a unique form of adjudication to youthful offenders and disposal of family cases. It was effective in administering justice, because the methods were not adversarial, but it was oriented to rehabilitation. It viewed the minor as a victim not as an aggressor. It undertook the reformation of the youth with the purpose of integration of him or her into mainstream society. Naujan is the largest municipally in Oriental Mindoro in terms of land area, accounting for 12 percent of the province’s total land area. Having such a large number of people the amount of crimes committed is equally large, while crimes committed by children and teen agers are also rising in count mostly due to the harsh conditions of living and the negative influence of social medias, with this rising amount of Juvenile delinquency

REPORT ON Children in Conflict with the Law CY-2014-2016 NO AG SE DATE ADDRESS . E X REFERRED Evangelista, 1 16 M naujan 27/01/2014 2 3

11 17

M M

bancuro, Naujan Adrialuna,Naujan

27/02/2014 11/03/2014

4

13

M

Poblacion 3

17/03/2014

5 6

14 13

M M

Poblacion 3 Del Pilar

17/03/2014 20/08/2014

Date commited 26/01/201 4 26/02/201 4 13/03/200 1 13/03/201 4

CASE CATEGORY

STATUS REMARK

Molested

case not filed

Theft Rape

case not filed case filed

Molested

case not filed

Molested R.A. 7610

case not filed

7 8 9 10

14 10 16 12

M M M M

Del Pilar Del Pilar Apitong Barcenaga

20/08/2014 20/08/2014 19/01/2015 11/03/2015

11

16

M

M.Parang

18/05/2015

12

15

M

M.Parang

18/05/2015

13

16

M

M.Parang

18/05/2015

14

14

M

Gamao

18/05/2015

1

14

M

Kalinisan

27/01/2016

2

13

M

M. Parang

16/05/2016

15/05/201 5 15/05/201 5 15/05/201 5 23/04/201 5 14/01/201 6 14/05/201 5

R.A.7610 R.A.7610 rape Theft

For referral

Robbery

Case Filed

Robbery

case filed

Robbery

Case filed

Rape case filed Act of Community Ba Lascivousness intervention Interviewed/ Re Theft to BCPC

Table1. A report from the Department of Social Welfare Development of the Municipality of Naujan

The municipality of Naujan may not be fully prepared to handle these kinds of cases. Juvenile delinquents usually range from ten (10) years old to seventeen (17) years old in the Municipality of Naujan in the year 2014-2016 and mostly the case filed to those CICL’s are Theft, Robbery, R.A 7610 Acts of Lasciviousness and Rape. At their young age they are more prone to criminality because Republic Act 9344 exempts them from being charge by the law.

This rising trend of crimes committed by children has led us to question the effectively of the organizations handling such cases, though some blame the lack of laws concerning juvenile delinquency to be the true culprit but the truth is that the Philippines has an ample amount of laws governing this subject, it’s just that the lack of teeth in these laws and the lack of proper implementation causes the child offenders to repeat their crimes, due to the belief that they will not be punished. A large number of

crimes committed in the Municipality of Naujan were either dismissed or just ended up with a certain compromise or an agreement; such solutions are not adequate in solving the problem of the rising number of crimes committed by children, it is understood that the lack of proper facilities and funding is a great hindrance in moving forward with such cases.

While we are conceiving this study we gathered data concerning the topic at hand that further strengthened the pursuance of the issue we have chosen to tackle.

THEORETICAL FRAMEWORK There are three different levels by which a better understanding about a juvenile delinquency can be made, such as individual level, microsocial level, and macrosocial level. At the individual level it focuses on the personality traits, intelligence, routine activities of adolescents, and characteristics of individual either innate or learned. At microsocial level, delinquency is a micro aspect and criminologists stressed on the relationship ties, associations with the delinquent friends and the social process by which an individual becomes the kind of people who commit delinquent acts, especially the delinquent peer group influence at this level. In the macrosocial level, the societal characteristics such as social class, social cohesiveness and social disorganization of neighborhood is used to explain delinquency

According to Strain theory, (Agnew, 1992), people engage in crimes as they experience strain or stress, they become upset, and they sometimes engage in crime as a result. They may engage in crime to reduce or escape from the strain they are experiencing.

For example, they may engage in violence to end harassment from others, they may steal to reduce financial problems, or they may run away from home to escape abusive parents. They may also engage in crime to seek revenge against those who have wronged them. And they may engage in the crime of illicit drug use to make themselves feel better. Two general categories of strain that contribute to crime are described :(1) others prevent you from achieving your goals, and (2) others take things you value or present you with negative or noxious stimuli. While strain may result from the failure to achieve a variety of goals, the failure to achieve three related goals: money, status/respect, and—for adolescents—autonomy from adults, may lead to crime.

Social disorganization theory (Shaw and McKay, 1942; 1969) seeks to explain community differences in crime rates. The theory identifies the characteristics of communities with high crime rates and draws on social control theory to explain why these characteristics contribute to crime. Social disorganization undermines or hinders informal social controls within the community and neighborhood, thus allowing high rates of crime to occur. Therefore, the absence or breakdown of social control is a key component behind the concept of social disorganization.

According to Social learning theory (Bandura, 1977), juveniles learn to engage in crime in the same way they learn to engage in conforming behavior: through association with or exposure to others. Primary or intimate groups like the family and peer group have an especially large impact on what we learn. In fact, association with delinquent friends is the best predictor of delinquency other than prior delinquency. However, one does not

have to be in direct contact with others to learn from them; for example, one may learn to engage in violence from observation of others in the media

Theoretical insights throws light into the fact that more than any biological factor, social and psychological factors are predominant in creating the deviant behavior as a child tries to imitate and inculcate what his/her environment shows them. This study was also anchored based on a study on juvenile system presented by Sadie Xinxin Yang Diana Veloso, Bing Diaz, Fernando Aldaba and Henri Ariston of Universalia the problem of child offending is indeed a complex situation, a symptom of a deeper problem that requires multi-disciplinary approaches, the investment of resources, and sustained and comprehensive programs from the national down to the local level. The availability of appropriate services for children at the local level is an imperative. It is not enough that the law provides alternative processes, such as diversion and intervention, and that there are juvenile justice professionals are familiar with them. Rather, the availability of support programs, such as professionals who could accommodate this type of children (i.e. social workers, and volunteer psychologists), businesses that can provide employment, foster families, as needed, and a more child-friendly community must be present. The realization of these factors would guarantee the smooth transition and reintegration of CICL. Hence, the need to prepare the community and society in general should be a crucial and timely undertaking. For the judiciary, prosecutors, and the police to be encouraged to implement diversion as a measure prescribed by law, there should also be ample social and psychological services accessible at the local level, so as to respond to the wide range of needs of children.

In a book entitled Magnificent Mind At Any Age by Daniel G. Amen he discusses about “myelinization”. Myelinization is the process that happens when our brain matures. Supposedly, when our brain matures, the nerve cells become wrapped by a white fatty substance called myelin. Myelin supposedly protects nerve cells and helps them work up to ten times more efficiently. Supposedly, before myelinization, our brain is not fully capable of forethought, judgment, impulse control, and learning from mistakes. This is because the prefrontal cortex of our brain, that part which makes us most human, has not yet finished developing and the development of our prefrontal cortex, or its myelinization, does not happen until we are about twenty-five years old. For years, we thought that we become adults at 18. Girls have their debuts at 18. Our law recognizes 18 as the age of majority, the age when people are allowed to marry and enter into contracts. In the US, they are told that children leave their parents’ homes at the age of 18. Now, this book is really saying that this is a misconception. We do not become adults at 18. We mature fully not earlier than the age of 25. This research supposedly gained enough acceptance that even the Supreme Court of the United States has banned the execution of murderers who committed their crimes during their teen years. CONCEPTUAL PARADIGM This represents the researcher’s conceptual framework

INPUT --Respondents Evaluation on the of the Rehabilitation Program in the Municipality of Naujan Oriental mindoro in terms of • Manpower Capabilities • Strategies • Community Support • --Problems Encountred in the Rehabilitation Program in the Municipality of Naujan Oriental Mindoro • --Measures that can be proposed to address the problems in the Rehabilitation Program in the Municipality of Naujan Oriental Mindoro

PROCESS

OUTPUT

Data Analysis

Interview Analysis

Focus Group Discission

Documentary Analysis

Comparative Analysis

ENHANCED REHABILITATION PROGRAM FOR CICL

This figure shows the conceptual framework of this research study it is composed of three Major Variable Man Power Capabilities STATEMENT OF THE PROBLEM This study aimed to evaluate the Evaluation of the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro specifically, this study sought answer to the following questions: 1. How do respondents evaluate the Evaluation of the Rehabilitation Program in the Municipality of Naujan Oriental Mindoro in terms of: 1.1 Manpower Capabilities 1.2 Strategies; and 1.3 Community Support 2. What are the problems encountered in Evaluation of the Rehabilitation Program in the Municipality of Naujan Oriental Mindoro. 2.1 Manpower Capabilities 2.2 Strategies; and 2.3 Community Support 3. What measures can be proposed to address the problems in CICL encountered by the Municipality of Naujan relative to the afore-cited variables? 4. Is there any significant difference in the assement of the three groups of respondents on the Evaluation of the Rehabilitation Program by the Municipality of Naujan problems encountered and the corresponding measures in relation to the aforementioned variables ? 5. From findings of the study, what action plan can be formulated? STATEMENT OF HYPOTHESIS 1.

There is no significant difference in the perceptions of DSWD and PNP in the Municipality of Naujan. 1.1 Formulating rehabilitation plans 1.2 Communication of both agencies 1.3 Supervising CICL

2.

1.4 Monitoring the progress of CICL in every Barangay 1.5 Providing a place for the development of the CICL 1.6 Proper custody of the CICL There is no significant difference in the assessment difference in the perceptions of DSWD and PNP as well as the Community in the Municipality

3.

of Naujan in terms of aforementioned variable? There is no significant difference in the assessment difference in the assessment of the three groups of respondents on the evaluation of the CICL, problems encountered and the measures that can be proposed to address the problems relative to the manpower capability, strategies and community support.

SCOPE AND LIMITATIONS OF THE STUDY The Setting. The study was Strictly focused in Municipality of Naujan The Subject. It is focused on Changes in Frequency and prevalence of Juvenile Activity An Evaluation of the Intervention and Rehabilitation program in Residential Facilities and diversion programs for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro. The Respondents. The respondents of this study is composed of three groups namely: The Philippine National Police, WCPD Women and Children’s Protection Desk and DSWD Department of Social Work Development and LGU’s representatives. These persons have been responsible in handling CICL. The Time Frame. It was conducted during the second semester of Academic Year 2016-2017

SIGNIFICANCE OF THE STUDY The purpose of this evaluation is to provide formative data that will help both PNP and the DSWD refocus, redevelop, or improve the center-based programs and services for CICL, as well as improve accreditation standards for CICL programs of facilities (the Programs under evaluation) operated and managed by LGUs and NGOs. The general objective of the evaluation is to determine which programs, services, and practices are the most relevant and effective in implementing diversion programs and in meeting the rehabilitation and reintegration needs of CICL. The evaluation has the following specific objectives:

to assess the center-based rehabilitation programs and services, and

intervention programs of the Regional Rehabilitation and Youth Centers of DSWD supported by PNP and by the goverment;

to assess existing community-based

intervention and diversion programs at various levels (i.e. barangay, police, prosecutor) and the processes and mechanisms for implementing and monitoring such programs, including those assisted by DSWD;

to determine the capacity of local government

social workers to assess the ability of CICL to discern commission of an offense, and use this as the basis for identifying support mechanisms to improve their knowledge, attitude, and skills, including DSWD support for the capacity building of LGUs;

to

identify and document good practices and extract general lessons learned in current approaches and service delivery mechanisms for PNP; and

to propose concrete

recommendations to address program implementation issues, constraints, and limitations, as well as areas for policy and program enhancement for the DSWD and PNP. Expected Users and Intended Uses The evaluation will mainly be used to enhance

the understanding of the DSWD, as well as local government units and PNP, on what services and interventions work or otherwise for CICL who are under suspended sentence, discernment assessment, or diversion programs. It also aims to provide evidence for policy reform and program development or enhancement towards contributing to the achievement of the objectives of the juvenile justice and welfare system of the Municipality of Naujan. The primary users of the findings and conclusions of this evaluation will be the DSWD and the PNP in the municipality of Naujan; the relevant units of the DSWD and also in order to determine the different factors that should have been considered before amending the R.A. 9344 the Juvenile Justice and Welfare Act and to create an environment conductive to the wholesome development of the child and also to promote greater community involvement in the management of the criminal justice in the municipality of Naujan. Likewise, the study focuses, on measures that can be instituted to address the problems encountered by the personnel of DSWD.

DEFINITION OF TERMS Definition of Department of Social Welfare and Development (DSWD)

The Philippines' Department of Social Welfare and Development (Filipino: Kagawaran ng Kagalingang Panlipunan at Pagpapaunlad, abbreviated as DSWD) is the executive department of the Philippine Government responsible for the protection of the social welfare rights of Filipinos and to promote social development.

Definition of Child in conflict with the law (CICL) A child in conflict with the law 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.

Definition of Juvenile Justice and Welfare Act (JJWA) Republic Act No. 9344, also known as the Juvenile Justice and Welfare Act of 2006 (full text), is an act establishing a comprehensive juvenile justice and welfare system, creating the Juvenile Justice and Welfare Council under the Department of Justice. R.A. 9344 is a consolidation of Senate Bill No. 1402 and House Bill No. 5065, passed by theSenate and House of Representatives on 22 March 2006. It was signed into law by President Gloria Macapagal-Arroyo on 28 April 2006.

Definition of Juvenile Justice and Welfare Council (JJWC)

The JJWC shall be under the supervision of the Secretary of Justice, chaired by an Undersecretary of the Department of Social Welfare and Development and a member shall come from the DOJ and other agencies mentioned therein. The JJWC for the period has come up with the Implementing Rules and Regulations R.A. No. 9344 and has conducted advocacy efforts and information dissemination about the new law to prosecutors, parole and probation officers, local government units and other stakeholders in the juvenile justice system.

Definition of Local Government Unit (LGU) are divided into three levels –provinces and independent cities; component cities and municipalities; and barangays. In one area, above provinces and independent cities, is an autonomous region, the Autonomous Region of Muslim Mindanao. Below barangays in some cities and municipalities are sitios and puroks. All of these, with the except of sitios and puroks, elect their own executives and legislatures. Sitios and puroks are often led by elected barangay councilors. Definition of Philippine National Police (PNP) The armed, civilian national police force of the Philippines. Definition of Non Government Organizations (NGO) It is any non-profit, voluntary citizens' group which is organized on a local, national or international level. Task-oriented and driven by people with a common interest, NGOs perform a variety of service and humanitarian functions, bring citizen concerns to Governments, advocate and monitor policies and encourage political

particpation through provision of information. Some are organized around specific issues, such as human rights, environment or health. They provide analysis and expertise, serve as early warning mechanisms and help monitor and implement international agreements. Definition of Regional Juvenile Justice and Welfare Council (RJJWC) It is created and attached to the Department of Social Welfare and Development and placed under its Regional administrative supervision of the Juvenile. Definition of Regional Rehabilitation and Youth Centers (RRCY) 24-hour child-caring institution located at every Region in the Philippines these facilities are used to train and develop the CICL recommended by DSWD and sanction by the court. Definition of Women and Children’s Protection Desk (WCPD) It’s purpose is to administer and attend to cases involving crimes against chastity, sexual harassment, abuses committed against women and children and other similar offenses. Definition of Bahay Pag-Asa (BPA) Refers to a 24-hour child-caring institution established, funded and managed by local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

CHAPTER II Review of Related Literature and Studies

CHAPTER III Methods of Research and Procedures This chapter presents the research design, research locale, rspondent of the study sampling technique, research instruments, data gathering procedure and statistical treatment of the data used by the researcher in conducting the study. Sources of Data

Research Design This study utilized the descriptive method of research. This method will be considered appropriate to the study for data gathering since it was focused on the analysis of the problems and useful outset of the program implementation because it provided the mechanism to shape direction of the action plan or programs. Assessment of this sort were important in order to provide suggestions that will improve the strategies. It also provide the key players and the technical working group with the basis and tool to enact reforms to improve the rehabilitation program for the CICL.

CHAPTER IV Presentation, Analysis and Interpretation of Data

CHAPTER V Summary, Conclusions and Recommendations This chapter presents the summary of findings, conclusions and recommendations based on the statement of the problems. 1. How do respondents evaluate the Evaluation of the Rehabilitation Program in the Municipality of Naujan Oriental Mindoro in terms of: 1.1 Manpower Capabilities 1.2 Strategies; and 1.3 Community Support 2. What are the problems encountered in Evaluation of the Rehabilitation Program in the Municipality of Naujan Oriental Mindoro. 2.1 Manpower Capabilities 2.2 Strategies; and 2.3 Community Support 3. What measures can be proposed to address the problems in CICL encountered by the Municipality of Naujan relative to the afore-cited variables? 4. Is there any significant difference in the assement of the three groups of respondents on the Evaluation of the Rehabilitation Program by the Municipality

of Naujan problems encountered and the corresponding measures in relation to the aforementioned variables ? 5. From findings of the study, what action plan can be formulated? SUMMARY OF FINDINGS The study aimed to assess the evaluation of the rehabilitation program for Child in conflict with the law. It sought to answer on the evaluation of the social workers, police personnels, professionals and Community Leaders on the evaluation on

CONCLUSION It assumed the status of a full-fledged municipality on January 4, 1905 under Act 1280. Has its boundaries were permanently established in 1919 as a whole is in place, and all the legal bases are laid down. However, gaps still exist in the implementation of the amended Act 9344. The first challenge is the lack of compliance with the various provisions of the law. In particular, the provided mandates and duties of the Municipality of Naujan are still not fully observed. It is recognized that the success of the law lies in the proactive involvement of this local government unit, starting from the level of the barangay up to the whole Municipality of Naujan. Secondly, the detention of children pending trial is still reported to be prevalent. Children are continually committed by Family Courts or Regional Trial Courts to BJMP-managed jails and worse, to the national penitentiary, where they encounter overcrowded facilities in poor condition. In addition, the lack of specialized courts, facilities, and personnel and conflicting provisions are a significant issue. For example, the Supreme Court Revised Rule on

Children in Conflict with the Law allows children charged with non-serious offenses to be placed under the care of a jail if there are no youth facilities available in their jurisdiction.18 Moreover, public support is also needed for the steadfast implementation of the law. Unfortunately, public misconceptions about the Act still prevail. There is skepticism about the efficacy of the Act, especially its inability to prevent recidivism among CICL. Finally, there are many NGO-managed Youth Homes/BPAs that are still not accredited by DSWD and also the Municipality of Naujan and even the Region IV-B has not been establishing a BPA. According to the DSWD submission, there are only four accredited BPAs, as of the end of 2014.

RECOMENDATIONS As pointed out before, in the foreseeable future, the programs under evaluation will operate in an environment in which they are not the priority area of either DSWD or the PNP. As a result, the overall recommendation is to incorporate these programs as an integral and important part of the child protection work. To avoid the marginalization of work relating to CICL, specific budget items for CICL should be listed at each level. Below are the key recommendations for different stakeholders. To DSWD 1) The DSWD, in collaboration with the JJWC, should undertake a needs assessment regarding the social workers, with the goal of identifying a feasible approach to develop the capacity to train professional social workers.

2) The DSWD should strengthen the assessment of existing programs operated by NGOs and LGUs to ensure that they are complying with the prescribed standards. 3) The DSWD should strengthen the coordination of its concerned units, the Standards Bureau, Social Technology Bureau, and the Monitoring and Evaluation division, in order to effectively monitor BPA facilities at the local government levels and NGO-run programs. To PNP 1) The PNP should continue fast-tracking the establishment and strengthening of the Regional JJWC through advocacy support and technical assistance to the community that are slow in making progress.. 2) The PNP should accelerate the implementation of a monitoring system for its member agencies, which will systematize its data collection in coordination with its member agencies. 3) In collaboration with the regional social welfare offices, the PNP should further engage the Municipality of Naujan and increase their buy-in regarding the establishment of BPA facilities and diversion programs. 4) In collaboration with the DSWD and PNP should organize a follow-up study to examine the long-term impact of different types of interventions and rehabilitation programs for CICL.

To LGUs

1) Capacity-building for the BCPC should be treated as an urgent task. BCPC trainings must include necessary knowledge about the R.A. 9344 and R.A. 10361 and the JJWA, restorative justice, and skills in the management of programs related to CICL. 2) LGUs should speed up the implementation of both intervention and diversion programs. Although community-based diversion should be the priority, the need for the establishment of BPA facilities in the provinces and highly urbanized cities is also an immediate response. 3) To reduce re-offending and promote rehabilitation, The Municipality of Naujan should create smooth transitions for CICL from the justice system to the social welfare system once they are released from the programs under evaluation. BIBLIOGRAPHY A. Books B. Journals/Magazines/Pamplets/Government/Government documents C. Thesis/ Dissertations/ Unpublished Studies D. Electronic Sources APPENDIX A Letter to Float Questinaires Luna Goco Colleges Inc. College of Criminology Lalud, Calapan City, Oriental Mindoro

October 10, 2016 DIRECTOR WILMA D. NAVIAMOS DSWD IV-MIMAROPA 1680 Benitez Cor Malvar St. Malate Manila Dear Ma’am, Greetings! The undersigned is preparing their thesis entitled “An Evaluation of the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro ”. As partial fulfillment of the requirements for the Criminology Thesis. The undersigned request your kindness that this study be endorsed to DSWD MIMAROPA Youth Center for your permission that we are allowed to distribute questionnaires to your social workers and staff in the future. Please see the attached questionnaire. The researchers express gratefulness to your support. Thank you very much.

Respectfully yours, PADUA, HANNAH CHELSEA M. (Team Leader) GAYOSO, CHIARA MARIE F. ACLAN, RABBI G. CASIPLE, GABRIEL A. ATIENZA, SHUN ALFRED B.

Noted by:

PSUPT WILLIAM CALZADO DESTURA

Luna Goco Colleges Inc. College of Criminology Lalud, Calapan City, Oriental Mindoro

October 10, 2016 HON. MARK MARCOS MUNICIPALITY MAYOR NAUJAN, ORIENTAL MINDORO Sir, Greetings! The undersigned is preparing their thesis entitled “An Evaluation of the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro”. As partial fulfillment of the requirements for the Criminology Thesis. The undersigned request your kindness that this study be endorsed to all your employee in the LGU of the Municipality of Naujan and for your permission that we are allowed to distribute questionnaires to your men and staff in the future. The researchers express gratefulness to your support. Thank you.

Respectfully yours, PADUA, HANNAH CHELSEA M.

(Team Leader) GAYOSO, CHIARA MARIE F. ACLAN, RABBI G. CASIPLE, GABRIEL A. ATIENZA, SHUN ALFRED B.

Noted by:

PSUPT WILLIAM CALZADO DESTURA

Luna Goco Colleges Inc. College of Criminology Lalud, Calapan City, Oriental Mindoro

October 10, 2016 ABSTENENCIA DE GUZMAN OIC MUNICIPAL DSWD NAUJAN, ORIENTAL MINDORO Ma am, Greetings!

The undersigned is preparing their thesis entitled “An Evaluation of the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro”. As partial fulfilment of the requirements for the Criminology Thesis. The undersigned request your kindness that this study be endorsed to all Social Workers and for your permission that we are allowed to distribute questionnaires to your men and staff in the future. The researchers express gratefulness to your support. Thank you.

Respectfully yours, PADUA, HANNAH CHELSEA M. (Team Leader) GAYOSO, CHIARA MARIE F. ACLAN, RABBI G. CASIPLE, GABRIEL A. ATIENZA, SHUN ALFRED B.

Noted by:

PSUPT WILLIAM CALZADO DESTURA

Luna Goco Colleges Inc. College of Criminology Lalud, Calapan City, Oriental Mindoro

October 10, 2016 PSUPT. ROMMEL VALENCIA BRIONES OIC PNP NAUJAN, ORIENTAL MINDORO NAUJAN, ORIENTAL MINDORO Sir, Greetings! The undersigned is preparing their thesis entitled “An Evaluation of the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro”. As partial fulfilment of the requirements for the Criminology Thesis. The undersigned request your kindness that this study be endorsed to all Police Stations and for your permission that we are allowed to distribute questionnaires to your men and staff in the future. The researchers express gratefulness to your support. Thank you.

Respectfully yours, PADUA, HANNAH CHELSEA M. (Team Leader) GAYOSO, CHIARA MARIE F. ACLAN, RABBI G. CASIPLE, GABRIEL A. ATIENZA, SHUN ALFRED B.

Noted by:

PSUPT WILLIAM CALZADO DESTURA

Luna Goco Colleges Inc. College of Criminology Lalud, Calapan City, Oriental Mindoro

October 10, 2016 Dear Respondents, The undersigned is currently conducting a research study entitled: “An Evaluation of the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro”. As partial fulfillment of the requirements for the Criminology Thesis. In view this, the undersigned requests your kind assistance by endorsing and answering the survey questionnaire attached hereto by all PNP Uniformed Personnel assigned in your district. Rest assured that all gathered data will be treated with paramount confidentiality, and will be used only for academic purposes. Thank you very much.

Respectfully yours, PADUA, HANNAH CHELSEA M. (Team Leader) GAYOSO, CHIARA MARIE F. ACLAN, RABBI G.

CASIPLE, GABRIEL A. ATIENZA, SHUN ALFRED B.

Noted by:

PSUPT WILLIAM CALZADO DESTURA

APPENDIX D An Evaluation of the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro

Researchers:

HANNA CHELSEA M. PADUA CHIARA MARIE F. GAYOSO GABRIEL CASIPLE RABBI ACLAN SHUN ALFRED P. ATIENZA

Part I. Profile of the Respondents Direction: Please indicate your answer by placing a check (/) mark in the space provided below: Name (Optional)_____________________________________________________ 1. Age 20-25 26-30 31-35 36-40 41-45 46-50 51-55 2. Gender

( ( ( ( ( ( (

) ) ) ) ) ) )

Male Female

(

) (

3. Highest Educational Attainment Elementary Graduate High School Graduate Bachelor’s Degree With Masteral Units Masteral Degree With Doctoral Units Doctoral Degree

( ( ( ( ( ( (

)

) )

) ) ) ) )

Part II. An Evaluation of the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro Direction: Please state your evaluation on the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro using the scale below. 5- Highly Implemented 4- Implemented 3- Moderately Implemented 2- Less Implemented 1. Not Implemented MAN POWER CAPABILITY

(HI) (I) (MI) (LI) (NI)

5 INDICATORS HI 1. The people handling the CICL are properly trained and fully knowledgeable in the treatment of CICL’s. 2. There are specific persons assigned in the handling of CICL cases. 3. There are designated supervisor to inspect or assist personnel in the operations of the office. 4. Assigned personnel for trainings, seminars and workshops

4 I

3 MI

2 LI

concerning the enhancement of knowledge for personnel handling CICL cases. STRATEGIES 5 HI

4 I

3 MI

2 LI

5 INDICATORS HI 1. Establishes a committee involving the participation of different sectors of the community. 2. Establishes personnel/ social workers for each Barangay or Municipality to assist in the problems concerning CICL cases. 3. Coordinates the community to participate in trainings and seminars concerning Child welfare and other issues relevant to the topic. 4. Educates the community on laws and city ordinances and the provisions of RA. 9344 in order to contribute in the solution of problems concerning the topic.

4 I

3 MI

2 LI

INDICATORS 1. Assigned specific personnel referring to as RA.10630 Art. 2. Implementation of seminar for parents concerning child welfare laws. 3. Implementation of seminars for child concerning welfare laws. 4. Strong connection between DSWD and PNP, whereas the two agencies work together in order to achieve the goal of handling CICL cases properly. COMMUNITY SUPPORT

Part III. Problems Encountered on the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro Direction: Please state your evaluation on the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro using the scale below. 5- Very Serious 4- Serious 3- Moderately Serious 2- Less Serious 1. Not Serious

(VS) (S) (MS) (LS) (NS)

MANPOWER CAPABILITY 5 VS

4 S

3 MS

2 LS

1 NS

5 INDICATORS VS 1. Lack of funds for the regular conduct of educational activities. 2. No particular agency holding scholarship programs which suit to those CICL. 3. Less attention to ensure proper development of their children. 4. Not being able to participate in any activities regarding to the development of their wholesome personality. 5. Lack of proper education coming from school and other LGUs. COMMUNITY SUPPORT 5 INDICATORS VS 1. More Children are committing crimes in the community 2. Children who are committing petty crimes are more prone to commit Heinous crimes in the future 3. Lack of facilities to rehabilitate the CICL 4. The age bracket in R.A. 9344 is too high for the ClCL witch causes the child to get out of the crime even though he is widely aware of what he is doing.

4 S

3 MS

2 LS

1 NS

4 S

3 MS

2 LS

1 NS

INDICATORS 1. Lack of education and activities. 2. The children are easily influenced by peers therefore they are more prone committing crimes. 3. Almost minor ages are already involved in criminal cases. 4. Most of the minors are committing heinous crimes. 5. Lack of Supervision coming from the child’s parent/Guardian STRATEGIES

Part IV. Measures that can proposed to address the problems encountered on the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro Direction: Please state your evaluation on the Rehabilitation Program for Child in Conflict with the Law in the Municipality of Naujan Oriental Mindoro using the scale below. 5- Highly Recommended 4- Recommended 3- Moderately Recommended 2- Less Recommended 1. Not Recommended

(HR) (R) (MR) (LR) (NR)

MANPOWER CAPABILITY INDICATORS 1. Implementation of educational activities for the CICL to develop their skills and knowledge. 2. Develop Personnels to handle CICL who are focused on improvement of the CICL. 3. Improve tie up with the DSWD and PNP for the rehabilitation of the CICL. 4. Design an evaluation criteria for the development and effectiveness of the rehabilitation program for the CICL 5. Proper Supervision of the parent and community to the youthful offender STRATEGIES INDICATORS 1. Conducting seminars and talks for youth which tackle matters concerning Juvenile Delinquency and Child

5 HR

4 R

3 MR

2 LR

1 NR

5 HR

4 R

3 MR

2 LR

1 NR

Welfare laws. 2. Implement a system for youth offenders wherein a leader is elected in order to lead the other youth in enhancing their values and morals. 3. Providing financial support or scholarships for CICL’s after undergoing Rehabilitation in order to avoid repeating their offenses. 4. Teach youth offenders about church matters in order to educate them and help mould their personality. COMMUNITY SUPPORT INDICATORS 1. Immediate follow up of cases within Barangays which may cause the CICL cases to be turned back or disappear in turn renders the child to not be rehabilitated or remain unchanged. 2. Proper discipline of youth coming from the community 3. Fast Response of parents towards the wrong doings of their children. 4. Urgent solution of the PNP and DSWD for the rehabilitation of CICL

5 HR

4 R

3 MR

2 LR

INTERVIEW GUIDE

1. What are the causes of Juvenile Delinquency in Naujan, Oriental Mindoro

2. What are the factors affecting the man power capability that resulted in the ineffectiveness of Juvenile Delinquency Naujan, Oriental Mindoro?

1 NR

3. What strategies are implemented by the Local Government Units and the DSWD and WCPD of Naujan, Oriental Mindoro

4. What are the contributions or support of the community in the enhancement of the values and formation of the CICL?

5. What are the improvements needed for the LGUs, Social Worker and the police in order to address the problems in CICL.

CURRICULUM VITAE

Figure

1.

Showing

Naujan, Oriental Mindoro

Legend: GreenOccidental Mindoro Yellow- Oriental Mindoro Red-

Naujan,

Oriental Mindoro