Juvenile Justice In The Philippines 5z145l

JUVENILE JUSTICE IN THE PHILIPPINES A PERSONAL EXPERIENCE (ABSTRACT) Marianne Murdoch-Verwijs, LLM (Free University, Amsterdam) BACKGROUND ON JUVENILE CRIME AND THE LEGAL SITUATION IN THE PHILIPPINES IN THE EARLY 1990s 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 istering 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. However, on January 17, 1980 the Judiciary Reorganization Act or Batasang Pambansa 129 abolished the Juvenile and Domestic Relations Courts. Section 23 of that law authorized the Supreme Court to designate certain branches of the Regional

and Municipal Courts to act exclusively on juvenile and domestic relations cases. However, these courts functioned also as courts of general jurisdiction which meant that separate proceedings for youthful offenders were not possible. This in spite of the fact, that the Philippines had signed all the International Treaties concerning the rights of children. In the final years of the Marcos era, crime became hardened in the street. Between 1976 and 1983 murder, robbery, theft, rape and homicide rose from 37% to 58% of all crimes committed. Delinquent youth doubled from 3,814 in 1987 to 6,778 in 1989. The majority (59.1 %) apprehended were between 17 and 21 years old, while another 31.8% were between 13 and 16 years old. Only 2.3 % were preteens. This was the situation based on data given by the Department of Social Welfare (1). Under Pilipino law, article 189 of Presidential Decree 1179, a youthful offender is over nine but under eighteen years of age of the time the offence is committed. Children under the age of nine are exempt from criminal responsibility and those between nine and fifteen are liable only if they are able to demonstrate discernment, which is a level of intellectual maturity including the ability to distinguish right from wrong. There are seven penitentiaries in the Philippines. Two of them are in Metro Manila, two elsewhere in Luzon, one in the Visayas and two in Mindanao. As of November 1992, these penitentiaries had a total of 14,007 inmates. More than half of them (or 7,717) were at the Bilibid Prison in Muntinlupa, Metro Manila, which is the most crowded. There were 72 provincial jails, one for every province, in the country. There are 60 city jails and 1,506 municipal jails all over the country. The conditions in these jails and rehabilitation centres were deplorable. The worst one was the rehabilitation centre named the Molave Youth Center. According to PAHRA (2), the Molave Youth Home suffered from a 67% rate of congestion. Its ideal capacity was only 100 yet an average of 167 offenders was being housed there. MY CALL TO ACTION Many rights of the youth were not adequately protected by the State, although the Philippines had signed all the International Treaties concerning children‟s rights including: -

UN Convention on the Rights of the Child which had been ratified in the Philippines on July 1990 and become effective on September 2 1990

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Beijing Rules

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The Riyadh Guidelines

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The United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

The following were some examples of rights infringed by the State of the Philippines: -

The criminal justice system provides inadequate rehabilitation and mostly punishes criminal behaviour of youth. However the international treaties, for which the Philippines was a signatory, put emphasis on the fact that children should not be detained in jails and in exceptional cases, if they are detained, then only for a very short time. Because of lack of funds there are still not enough programs for education, vocational training and rehabilitation centres.

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Young offenders, many of them first offenders were mixed with professional, “hardened criminals‟, thereby turning jails and prisons into schools of criminality. In Camp Sampaguita only 23.53% were detained in separate cells for minors (3). This non-segregation can be one reason why the numbers of street children and crimes were rising.

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Inadequate health care (often totally absent) and subhuman conditions in the jails and prisons condemned many a young inmate to an early death or to inflict irreparable harm to their physical and mental health (4).

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While the State as Parents Patriae was expected to offer and to give special care to its young offenders, it instead negligently allowed a number of young people to enter the gates of jails and prisons with the least amount of legal protection during the litigation process. There were no juvenile courts, lawyers, psychologists, probation officers who were specialized in dealing with the youth.

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Children in conflict with the law were serving stiff sentences, doing time over and above their sentence, awaiting action on their appeal for too long a time with no hope of being attended to soon. Often they were unable to avail themselves of the benefits of pardon or parole due to lack of knowledge about these options.

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The resolution of cases in the courts was extremely slow and often unfinished. For example, for every 100 criminal proceedings 36 were resolved and 64 remained pending. As most young detainees had no money to obtain bail this

contributed to overcrowding in the prisons. Another contributing factor to the congestion of jails and detention centres was the lack of the Juvenile and Domestic Relations Court as it had been abolished which increased the backlog of untried cases. -

A danger at that time was also the reintroduction of the death penalty. Some of the young inmates could get this sentence if they had reached the adult age when on trial (5).

To address the problems of juvenile justice, I focused on: a) Provision of legal advice to youth offenders and improve the education of aspiring lawyers. b) Improved Legal protection of youth offenders AKAP (Adikain Para sa Karapatang Pambata) (Ateneo Human Rights Center) In 1993, there was no organization that provided legal attention to young offenders who were generally more vulnerable in an already corrupt judicial system. All the NGOs for children were concentrating on street children but no attention was given at all to children in conflict with the law. Most NGOs were unaware of the problem as it was generally impossible to enter the jails and prisons to identify the problems (6). At that time there were no juvenile courts, lawyers, psychologists, probation officers available who were specialized in dealing with youth offenders. Police was totally untrained in how to deal with the young ones. As a first step to provide legal attention to young offenders, a legal desk for children, AKAP, was established in November 1993 at the Human Rights Center of the University of Ateneo. This desk focused on: -

The continuing formation of human rights lawyers especially in the field of children in conflict with the law.

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The monitoring of the human rights situation in the Philippines and abroad.

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Human rights research, education, and publications.

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Legal assistance to indigent victims of human rights violation.

This desk was the first one of its kind in the country after Marcos had abolished legal aid to children. With this desk legal assistance could be given to young offenders. A programme to train children‟s advocates through special courts in Child Law was introduced. Having the legal desk at the University raised the awareness of the problems of the children in conflict with the law to the law students who came mostly from the upper and middle classes. PAYO (Philippine Action for Youth Offenders) It is very hard for developing countries to improve a juvenile justice system, when they are already struggling with scarce resources. Therefore it is important to do the networking and the coalition of NGOs as each one of them has the money needed to start and make changes. When the State has not the authoritative power to change the status quo then, maybe the individual or an NGO does. Among the rich Filipinos there were always people with a golden heart to help their poor fellowmen with continuous fundraising. Some of these rich families were even prepared to give land away for building houses for the underprivileged of their society. Besides Filipinos helping other Filipinos, many foreigners gave much voluntary aid to develop the country. During the time President Ramos was in office, a group, of which I was a founder, called PAYO (Philippine Action for Youthful Offenders) was established on 9 December 1993 as a national coalition of organizations, government agencies and individuals working for the protection of the rights and welfare of youthful offenders and children in conflict with the law. PAYO was set up to do the following: -

Lobby for the improvement, implementation and promulgation of legislations/laws and other related measures which would protect and benefit the youth offenders.

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Pursue and intensify a continuing public information and education campaign to the public on the rights and situation of the young offenders.

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Coordinate all efforts and services of non-government organizations, government agencies and individuals willing to work for the rights of the youth offenders and work for the improvement of their conditions.

The first action of PAYO was to ask for:

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Legislation to create and restore the defunct juvenile delinquent court which was abolished by Batas Pambansa Blg., otherwise known as the Judiciary Reorganization Act of 1980 by President Ferdinand Marcos.

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Reintroduction of the Juvenile Courts.

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Segregation of the children from the adults in jails and prisons.

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Education of police, correctional and rehabilitation staff, especially guards, about the rights of children in conflict with the law.

PAYO would primarily focus on assisting children below 18 years old who were in conflict with the law including those already detained or imprisoned. At the same time this organization would assist those who were children when imprisoned but who reached the age of 18 while in prison. Children had to be ensured that when in jail they are informed and educated about their Human Rights as children and as individuals. PAYO MADE A DIFFERENCE NGOs that previously did not work together now started to do so. Through the coordination of 30 NGOs together with the help of UNICEF, WHO and the Social Welfare Department, Justice Department, previous child judges, senators and other politicians more legal aid for youth offenders was provided and PAYO succeeded in getting the Family Courts Act enacted by Congress on 28 July 1997 and signed into law by President Ramos as Republic Act 8369 on 28 October 1997. On the basis of several research studies by the different NGOs, PAYO made a difference and impact on the general prevalence and types of crime. The number of streetchildren declined from a high of 1,500,000 to around 20-40,000 (7). The number of delinquents, which had risen from 3,817 in 1987 to 6778 in 1989 (1), has fallen to around 2000 since the formation of PAYO. As a result of PAYO, the Philippines now have a wider range of national executive orders and laws implemented providing for the welfare and protection of youth in conflict with the law: - Child and Youth Welfare Code (PD 603). - Dangerous Drug Act of 1972.

- Republic Act 7610. The Special Protection of Children against Child Abuse, Exploitation and Discrimination Act 1992. - Republic Act 83369 of 1997, an act establishing family courts, granting them exclusive original jurisdiction over child and family cases. Without these legal provisions it was impossible to change the situation of youth in conflict with the law especially those on death row. Once the Act for the protection of children rights was established, children in conflict with the law were segregated from adults in the prisons. Furthermore legal aid could be given immediately where it was needed. Those who were on death row were the first ones to be helped. PAYO took also care that a police manual was published and that the police force got training sessions as well. Child and Youth Relations Officers now exist within some police stations with the responsibility to ensure that child suspects are treated appropriately as set out in the special regulations. CONCLUSION In developing countries like the Philippines, the reality contradicts what the law is describing. In the Philippines, the individual is blamed for his wrongdoings. And yet not much is done by the state to correct structural inequality of the classes, overpopulation and the corruption of politicians and the judiciary. No drastic changes are being made by the state for the betterment of the individual, so the status quo remains. If the state is not prepared to help juvenile delinquents surely the crime rate will rise, because they are learning from the adults in the prison. Furthermore the problem of AIDS will increase. The solution to the problem of controlling juvenile delinquency is not incarceration but good education and vocational training thus emphasizing prevention and rehabilitation. When we are dealing with children in conflict with the law, we are dealing with children who had a bad start in life with circumstances and experiences very difficult to accept. The state has the obligation according to articles 4 of the United Nations Convention on the Rights of the Child to protect all children and to translate all rights in the Convention into reality. So when we are talking about children in conflict with the law we are not only appealing to articles 37, 39 and 40, but to all articles of this Convention. Now the main legal protection for underprivileged youth is implemented in the Philippines, the Government of this country has the obligation to show the world its role as a true protector of human rights. A constructive social policy for all young people will help in the prevention of juvenile delinquency with emphasis on free education. Many who are abandoned, neglected, abused, exposed to drug abuse

are in marginal circumstances and are in general at social risk. Those should have the immediate attention of the authorities and NGOs. There should be a move away from institutionalization and children, in their best interest, should be rehabilitated as early as possible and integrated back into society, so that they can play a constructive role. For those who have become hardened criminals as young as they are, there can not be another way of living. For them miracles of change are only possible when a religious aspect is brought into their live as we can witness from the book about Father Tritz (8) published by the International Labour Organization and from my own field experiences. When we are dealing with the problem of juvenile justice, we have to be aware that in most countries in this world the local NGOs and governments spend much money for the solution of the problem of street children, however little or none for children in conflict with the law. Government and NGOs in general are not aware of the fact that the problem of street children and children in conflict with the law are related social problems. We have to also put the emphasis on the problem of the disease of AIDS, since prisons and jails are a hearth for getting this disease. The disease of AIDS is at this moment the most frightening and devastating disease in this world and in this century. It is pandemic in developing world particularly in Africa and South-Asia. In prisons HIV spreads with frightening efficiency due to sexual abuse, lack of access to condoms, lack of harm reduction measures for drug s and most of all lack of information. It is of the utmost importance for the world to understand that children in conflict with the law always have to be separated from the adult prisoners. All children have a right to ask for total protection by the State and the world as these rights are described in the United Nations Convention on the Rights of the Child. BIBLIOGRAPHY - (1) Survey on young offenders at Camp SAMPAGUITA and Correctional Institute for Youth from the Bureau of Child and Youth Welfare, Department of Social Welfare, 1992, pgs. 4-7. - (2) Report of the PHILIPPINE ALLIANCE OF HUMAN RIGHTS ADVOCATES ( P A H R A ) on Human Rights in the Philippines for the 58th Session of the UNCHR, 18 to 28 March 2002, Geneva Switzerland, http://www.philsol.nl/A02b/PAHRA-UNCHR58-apr02.htm, p. 9. - (3) See ref. (1), p. 20.

- (4) Summer Newsletter of the Catholic Bishop Conference of the Philippines of the Episcopal Commission on Prisoners Welfare, Vol.3, August 1993 p. 29. - (5) See ref. (4), p. 9. - (6) See ref. (4), p. 6. - (7) The street children of Asia, Child hope, Asia, 1992, p. 15 and 16. - (8) Grandir à Manille, les 75000 enfants du père Tritz, Gilles Lambert et Christian Brincourt, Bayard éditions/Centurion 1995, ISBN 2.227.304.065.

Statement of the Philippine Hierarchy on Juvenile Delinquency Youthful crime is not something new in human affairs. But in our age the problem of juvenile delinquency has assumed such proportions as to cause grave concern to the community and to call for special comment and prompt remedy. To an alarming degree the records of wrongdoing reveal that the criminals are under 21 years of age, and many of them are under 18, a fact which is reflected in the unsavory notoriety which has gathered around the term "teen-age gang." The crimes involved run from general disorderliness and insubordination to acts of the gravest violence, not excluding murder. And the wave has spread its influence so widely that it has affected society at every level, and there is hardly a family with growing sons and daughters which does not feel apprehensive of its contagion. What are the reasons for this upsurge of youthful criminality? Obviously at the root of it is that primordial rebellion which we call original sin, which at all times and in all places has been prolific in wrongdoing. But why is this evil root producing such luxuriant fruit precisely now and precisely among our youth? Let it be said at the very beginning that it is a great mistake to treat juvenile delinquency as a malady detached from the body of society. There is juvenile delinquency because there is adult delinquency. And therefore its most basic cause is a decline in public and private morality, as its most fundamental remedy is a reformation of life at all levels of society. This is an unpleasant necessity that many reformers refuse to face, and as a result deserve from youth the scriptural rebuke: Physician cure yourself. Nevertheless, there are special reasons why the evil is flourishing in our day and these deserve mention and discussion. The first reason is to be found in the fact that hundreds of thousands of our boys and girls are growing up without serious religious formation. The first source of religious training for children should be the

family. But with a very large fraction of the parents themselves products of the very system that creates juvenile delinquency, not much is to be hoped for from that source, until the parents themeslves seriously study and practice religion. Too many homes are without any religion except perhaps a few traditional observances that have lost most of their meaning. As a consequence, the children are raised in an environment devoid of Christian virtue. There is a lack of true love between husband and wife; an absence of proper esteem for honesty, truthfulness and chastity. The parents in too many instances seek their happiness elsewhere. They are constantly out of the house in quest of diversion, according to the potentialities of their income, at gambling tables, night clubs, or movies. The care of the children is confided to maids, houseboys, chauffeurs; or they are simply left to their own devices. Little effort is made to exercise parental authority; with cruel indulgence fathers and mothers yield to their children's every whim, spare them every hardship, over every misdeed. It is obvious that such a home is little prepared to fulfill its most important function of turning the child's heart and mind to God. Unfortunately, religious instruction outside the home can do little to compensate for these domestic failures. The number of priests is too few to allow pastors to take proper care of their flocks. And the schools are still far from offering a solution. It is true that religious instruction is authorized by law in our public schools but the implementation of the law is very frequently attended with grave difficulties. In many cases widespread poverty adds new occasion for the downfall of the young. Fathers and mothers are forced by the need of earning a livelihood to be frequently away from home for long periods. Housing conditions are often such as to deprive the of the most elemental privacy, and are so restricted that children must of necessity spend most of their time in the streets. In the dire want that is a daily, nay, an hourly anxiety, thieving and other kinds of wrongdoing offer tempting avenues of income. It is not surprising if, in this absence of religion and in this favorable climate of poverty, bad motion pictures and bad literature, the two principle forces for juvenile delinquency, produce disastrous results. The late Pope Pius XI listed the harm wrought by evil motion pictures. "Everyone" he said, "knows what damage is done to the soul by bad motion pictures. They are occasions of sin; they seduce young people along the ways of evil by glorifying the ions; they show life a false light; they cloud ideals; they destroy pure love, respect for marriage and affection for the family." (Vigilanti Cura, June 29, 1936) Obviously not all motion pictures incur these strictures. But the number of harmful movies is so high as to bring discredit on the whole industry. Producers, distributors, theatre owners and rs must all share the blame for the evil. rs especially play a peculiarly sinister role in this tragedy. In their efforts to attract the public to the theater, they often exceed all bounds of decency, and seem to think no means illicit if it serves their purpose. Newspapers which print their advertising are equally to blame for the harm that results. Bad literature is the accomplice of the movies in this campaign of corruption. Motion picture magazines are of course tainted with the same disease as the industry itself, holding up bad principles, false ideals and sinful people for the iration and emulation of the young. Among other magazines the pictorials are outstanding offenders with their displays of indecency; but worst of all and most pernicious are the so-called comics where the young mind can drink in detailed descriptions of every sin and perversion in the annals of crime. Meanwhile, the community is largely content with lip-protests against these conditions. As soon as effective means are suggested to cope with the dissemination of moral poison and to promote the more effective teaching of religion, small but very vocal groups raise exaggerated claims for one liberty or another, insensitive to the much more important values that are in danger. On the other hand what does youth find in those circles of the community which should be expected to provide moral leadership? He sees prominent men in all walks of society leading immoral lives. He finds that they suffer no stigma

therefrom but are received with open arms everywhere. He learns the callous doctrine that what succeeds is right. He observes that wealth and power are above the law; crime if committed by important men goes unpunished. We should not be surprised if in such circumstances young people listen with a certain cynicism to exhortations to virtue, whether at home or at school. And it is not strange that there exists a problem of juvenile delinquency; rather it is a wonder that it has been so long in gathering momentum, and that it is not even greater than it is. It is a consoling fact that in spite of this gloomy picture there is a solid mass of decent people in the country who refuse to bow to the pernicious influences just described. And it is they who are most alarmed at the deterioration of youth. Many of them are parents who try to provide a good, wholesome home for their children, to supervise their activities outside the house, and by word and example to cultivate in them a deep religious spirit. But their efforts are thwarted by the dangerous impact of the world outside their homes, by influences from which their best and most constant efforts cannot shield their children and against which they strive in vain to fortify them. The remedies for juvenile delinquency are suggested by the very sources of the evil. First, there must be a return to domestic virtues. The movement for the family rosary is a step in the right direction. Parents must be impressed with the necessity of cultivating a genuine home life in which the whole family participates. Fathers and mothers must endeavor to know, supervise and to an extent share the recreation of their sons and daughters. Great care must be exercised over the choice of companions. Parental authority must be maintained and obedience insisted upon, lovingly but firmly, with a condign punishment for disobedience. Children must be filled with a sense of responsibility and of their vocation to play a role in human society, for which they have an obligation to prepare themselves. Cooperation must be given to school authorities, and parents must keep themselves constantly informed of the conduct and application of their children at school. The state and all social agencies must lose no opportunity of insisting on the sanctity of marriage and the nobility of family life; that married life is something to be entered into carefully and prayerfully, since it is a vocation to provide citizens for the kingdom of heaven. Every influence must be brought to bear to prevent rash, ill-considered marriages and the unbridled promiscuity which inevitably occasions them. Especially we call upon the government to take effective steps to control those agencies of destruction: bad motion pictures and bad literature. These are protected by powerful vested interests, deaf to the voice of conscience and the appeal of public decency. The Church, the school and the home will make little progress against them unless the state awakens to its obligation to safeguard its citizens, especially those who because of inexperience and weakness are unable to protect themselves. But parents should not leave organized work exclusively to the state and social agencies. In many places in the world excellent results have been accomplished by the private group action of families who refused any longer to stand idly by while theatres, newspapers, newsstands, rs and other cardinal offenders in this matter worked to undermine the virtue of their children. These parents united in their resistance to the evil and first directed appeals to the offenders. When these failed, by the force of public opinion and other group sanctions they obtained a hearing and remedy. Another obvious step is to raise the standard of living among the poor, to provide employment, to pay decent wages, to make satisfactory housing available. All this will serve to alleviate the problem of juvenile delinquency. Though in general the proportion of crime among the poor is not greater than among the rich, the causes among the poor are more sharply economic and therefore it more easily of an economic solution.

There must be a great advance in the quality and quantity of religious instruction. More children must be given better instruction in their obligations to God and their duties as citizens. The law of religious instruction must be effectively implemented. This means on the one hand, that the government will not tolerate any efforts to sabotage its implementation, and on the other hand, the Catholics must be ready to put themselves at the disposition of their parish priests as teachers to provide this instruction. To these general measures, aimed at preventing the rise of delinquency, must be added specific remedies for the problem as it actually exists. Society must it its obligations to the delinquent child and take a patient optimistic interest in his adjustment. To this end, clubs, recreational centers, parks, and guidance centers must be established and maintained. The official handling of youthful crime must avoid the two errors of excessive leniency and excessive severity. Young men and women must be made to understand that society will not tolerate attacks upon its well-being and existence from any source, and that wrongdoing will receive a swift, just and suitable punishment. On the other hand, the official handling of youthful crime should take into consideration the age of the offender, who should be tried by special courts, where the prevailing mood will be paternal. The offenders will be shielded during the process from with hardened criminals and other evil influences. Trained specialists should be employed to ascertain to what extent physical and psychic causes contribute to the delinquency, so that proper remedies may be provided. And finally by means of vocational training, apprentice programs and placement bureaus, skillful, gainful and interesting occupations should be made possible for those for whom idleness is the occasion of wrongdoing. In all remedies, general and specific, it cannot be too often emphasized that religion must be the basis of all true reform. The most fundamental reason why young people are delinquent is because they are offered no convincing reason for being otherwise. Elders, who "say and do not", urge respectability and civic virtue-- a kind of temperate sinfulness; but youth is not deceived by such hollow preaching. It is only the which sound religious doctrine and practise give to the voice of conscience, with the example of Jesus Christ and His Blessed Mother, which can hope to achieve any measure of success against the violent tempests of adolescent rebellion. The Hierarchy cannot end this statement without a word of warm praise for those persons who, whether in government, civic and religious agencies or in their private capacity are devoting themselves to the solution of this problem. We know that there are many public officials and private citizens who are thoroughly alive to the menace of the evil and are generously and unselfishly giving their time, talents and resources to its solution. It is certain that they will receive an abundant reward from Him Who always showed His predilection for youth. July 26, 1957, Feast of St. Anne, Mother of the Blessed Virgin Mary For the Philippine Hierarchy: (Sgd.)+JUAN C. SISON, D.D. Apostolic , sede plena, Nueva Segovia President, CWO istrative Council

The Problem of Youth Offenders:

When Children Commit Adult Crimes Statistics show that most of the Philippines’ young offenders – “children in conflict with the law” – come from poor families. Thus, most of the crimes they reportedly commit are crimes against property. Yet the country’s justice and prison system – the same system to which these youth offenders are committed – is fit only for the adult, hardened criminals. The

proposal to adopt a child-friendly justice, called “restorative juvenile justice,” is a distant dream. BY YNA SORIANO Bulatlat.com

Marlon, 10, is the youngest ward in the National Training School for Boys (NTSB) in Tanay, Rizal, a rehabilitation center for minors with suspended sentence or with pending court cases. Marlon was accused by his own mother of raping his younger sister several times last year in their Guinayangan residence in Southern Quezon. Marlon however denies this, saying he does not know what the word “rape” means. In his sworn statement to the NTSB, Marlon said that he only followed what his father had been doing to his sister. His father is also currently detained in the provincial jail. Marlon is only one of the more than 10,094 Filipino children who have been involved in various crimes. The state calls them “juvenile offenders” – persons under 18 but over nine years of age at the time they committed the offense. Problem children Records of the Department of Social Welfare and Development (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. Of these, 488 are crimes against property and 263 are crimes against person. Drug-related cases number 234. The increasing number of delinquent youth and youth offenders, its DSWD, has been a serious concern of the government since the late 1980s. Their population doubled, for example, from 3,814 to 6,778 from 1987 to 1989. Since then, the number has been constantly and aggressively increasing, said Nelita Culong, OIC of the youth offenders division, DSWD-NCR. “In my two decades (as a social worker),” Culong said in an interview, “the number of youth offenders has never gone down…and the nature of crimes are becoming more and more serious…” The bigger picture 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.” Filipino youth offenders, says DSWD, should be understood in the context of the Filipino family in crisis. But then, the family as the basic unit of social production, should be further viewed as a miniature of the larger Filipino society that is in crisis. Following the United Nations definition (that persons under 18 years old are considered children unless a state recognizes otherwise), the independent research group IBON Foundation reports that there are 34.7 million children in the country out of the total population of 75.5 million as of last year. The National Statistics Office (NSO) reports that one out of every five Filipino children had no early education. Only 15% of children aged 3 to 5 years old are attending some early childhood program in pre-school, nursery and daycare centers.

On basic education (elementary and high school), only 77% (17.3 million) of the 22.5-million school-aged children (5 to 17 years old) were reportedly enrolled in school year 1999-2000. This means that about five million Filipino children failed to go to school at that time. As of the last school year, the rate of completion of primary education is only 68 percent. This means that for every 100 students who enter Grade 1, only 68 are able to finish grade 6. The rates in secondary education are much lower; participation is only 65% while completion rate is 47%. In its latest survey, the NSO documented that around 800,000 minors aged 10 to 14 years old are part of the country‟s labor force. Child laborers (five to 17 years old) reportedly number around 3.7 million. Five years ago, the number of young workers was pegged at 3.6 million. According to IBON Foundation, one in every 10 of these children engaged in heavy physical work. About 1.3 million child workers were out of school at that time. Quoting the Bureau of Women and Young Workers, IBON says that “the economic recession…has pushed children to skip their studies and help their families augment their income. Children started competing with the adults in non-skilled jobs. And because they are willing to their families and are ignorant of their rights, management prefers them.” The fact that a large number of the crimes committed by juvenile offenders were crimes against property – usually theft and robbery – already indicates the economic difficulties that push them into criminal activities. Poverty, together with dysfunctional family relationships and negative peer influence, is a major factor that pushes the youth toward lawlessness. Inadequate response Rehabilitative services for youth offenders, since the 1960s, have been the principal solution of the Philippine government, past and present, to the persistent social problem of juvenile delinquency. The Department of Social Welfare and Development (DSWD) maintains 10 regional rehabilitation centers throughout the country; biggest among these are the National Training School for Boys (NTSB) in Rizal province and the Marillac Hills for girls in Alabang, Metro Manila. There are also other youth centers run by various local government units, church-based institutions and non-government organizations. Several advocacy groups as well as some psychologists and parents are not convinced that NTSB, Marillac Hills and government rehabilitative services could really serve their reformatory purposes. These facilities lack personnel and social workers for the growing number of youth offenders. At Marillac, for example, there are only 25 full time social workers for its average 500 clients; at the NTSB, there are only five social workers for its average 300 clients. Although the NTSB has its share of “success stories,” DSWD its that these are very few. Some of its discharged clients have since been jailed repeatedly for new crimes. While the DSWD is supposed to provide a post-care service, Gorospe of NTSB its that it does not have the resources, mechanism and system for out-of-center guidance. Thus, most of its discharged patients are no longer monitored and supervised. Other children NGOs criticize that the country‟s juvenile justice system only intensifies the social ties that bind children to misery and criminality.

Albert Schweitzer Association, an Australian NGO for children‟s rights and welfare based in the Philippines, described the government rehabilitative efforts as “ineffective.” So does the feminist NGO, the ISIS International – Manila. Schweitzer‟s social worker Agnes M. Cabauatan explained their group‟s analysis that poverty is the condition that breeds “bad boys and girls.” “To bring them (youth offenders) to a center, feed them or educate them for a month to a year then discharge them back to the condition of poverty is a vicious cycle of crime and poverty,” she said. Ma. Victoria C. Belleza of ISIS strongly suggested that government efforts should first address the root of the social problem of juvenile delinquency, which is poverty. She elaborated that the government should make sure that the basic needs of the Filipino family are addressed by the government‟s social services. Meanwhile, there are a number of laws in the country that supposedly protect and promote the interests of children. One of them is Republic Act No. 7610. Known as “An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination,” this law provides for a more comprehensive mechanism for child protection. But as with other laws that look good on paper, its implementation remains a big problem. Juvenile justice For Sen. Robert Barbers, however, the best solution to the present critical problem of juvenile delinquency is the iron hand. Barbers‟ Senate Bill 892 proposes to lower the age limit of convicts who could be sentenced and thrown into the death row. Proposals such as these are opposite to the view that young offenders still have a chance of growing up responsible and law-abiding adults if properly educated and reformed. Called restorative justice for the juvenile, this concept still advocates punishment for juvenile offenders but ensures that the punishment fits the crime. There is no question that the country‟s penal system is not fully equipped to taken in adult offenders much less the young ones. A child-friendly justice system – complete with policemen trained on the proper handling of youth offenders and a national office that will establish the national standard for juvenile justice, including recruitment of jail guards, establishment of youth centers and appointment of competent family court judges – remains a very, very distant dream. And in the end, because juvenile delinquency is both a reflection and direct effect of the crisis besieging the family, it is the economic and political empowerment of the Filipino family that will decisively address the problem. Bulatlat.com

Lowering age discernment won’t solve juvenile delinquency’ – children’s rights groups –

―Children in conflict with the law should not be perceived as criminals because they are victims, victims who should be helped to correct his/her mistakes.‖ — Salinlahi Alliance for Children’s Concern By ANNE MARXZE D. UMIL Bulatlat.com MANILA – In late 2008, Arnold (not his real name), then 17, was on his way home from a birthday party when a police mobile car stopped in front of him. The policemen

stepped out of the vehicle and arrested him. A woman inside the police car accused him of robbery. He was detained at the Quezon City Police Station 6 together with other adult prisoners. ―I was detained for five days. Inside the jail, I was beaten up by other prisoners,‖ Arnold, now 20 years old, told Bulatlat.com in an interview. Although nothing was recovered from him by the police, he was still imprisoned. He was considered as one of the thousands of children in conflict with the law (CICL). Arnold’s experience inside the jail is the main reason why children’s rights advocates are up in arms against the call to amend Republic Act 9344 or the ―Juvenile Justice and Welfare Act of 2006‖. Children’s rights advocates said lowering the age of discernment and the suspension of the law will not solve the problem. ―It is absurd to judge the law as a failure when in fact it has not been implemented as it should be,‖ said Melissa San Miguel, spokeswoman of Salinlahi Alliance for Children’s Concern. ―We are dismayed that one of the more progressive laws concerning the welfare of children is now being considered for amendments or even suspension,‖ San Miguel added. The Philippine Action for Youth Offenders (Payo) cited a 1997 study conducted by the Pamantasan ng Lungsod ng Maynila (PLM) in 1997 showing that the age of discernment of in-school Filipino children is 15 years old. Payo’s study conducted in 2002, meanwhile, revealed that the age of discernment of out-of-school Filipino children is 18 years old. In their position paper, Payo said these studies were the basis for setting the age of criminal responsibility in RA 9344 to 15 years old. Jail is not a place for a child Arnold was beaten up inside the jail, his throat was repeatedly hit that he almost lost his voice. ―I could not speak. I thought I could not survive inside the jail. The place was so small, humid, smelled awful and the ration food was not even edible,‖ Arnold told Bulatlat.com. Gerry Bernabe, secretary general of Payo said putting youth offenders in jail will only aggravate juvenile delinquency. ―Justice system for children in conflict with the law should be different, they should not be included in a jail with adult prisoners. The Juvenile Justice Welfare Act is supposed to design a new set-up intended for the best interest of the child, however, the law is not being fully implemented,‖ Bernabe said. In the same vein, Ma. Victoria S. Diaz of John J. Carroll Institute on Church and Social Issues said, ―Jail is not a place for a child.‖ Diaz said putting youth offenders in prison will not resolve the root causes of juvenile delinquency. She added that the increasing number of juvenile delinquents only reflect the failure of the government to respond to these problems. Salinlahi’s San Miguel said youth offenders should not be treated as criminals. ―Children in conflict with the law should not be perceived as criminals because they are victims, victims who should be helped to correct his/her mistakes,‖ she said.

For Arnold, who was innocent but was imprisoned, a child who commits a crime should not be sent to jail. ―It is not their fault, they did that because the government is not giving them what they needed,‖ said Arnold referring to education and job opportunities for parents. Lawyer Rommel Alim Abitria of Humanitarian Legal Assistance Foundation (HLAF), a non-profit and non-government organization assisting indigent prisoners including CICL, pointed out that children should not undergo the same procedures as that of adult offenders. ―Even adults who present themselves in court are frightened, how much more for a nine year old kid?‖ Abitria said child offenders should not undergo the grueling procedures of the justice system in the country. ―Here in the Philippines, one trial lasts up to four to five years on the average. And while the case is in court, the accused stays in jail together with other adult prisoners. This is not the system a delinquent child has to endure. Under RA 9344, children, 15 years old and below and whose age do not exceed 18 years old, should not be put in jail together with other adult prisoners. The child should be placed in a separate detention facility for only a short period.‖ Abitria explained. Abitria also stressed the deplorable situation of prisoners in the country. ―Prisoners here in our country are not treated humanely. In one prison cell where the capacity is only 20 prisoners, 100 prisoners are locked up. ― Arnold recalled his experience inside the jail where he had to sleep with his legs curled up because there were too many prisoners. ―The cell was too small for 32 prisoners. It was really suffocating.‖ While the RA 9344 states that all city and provincial government units must establish youth detention homes, it was never implemented. Poverty Most child delinquents belong to poor families, Abitria said. ―These minors are committing these crimes because of poverty – because they need to survive,‖ Abitria said, adding that ten percent of the crimes committed by minors are crimes against property like robbery. From the data of the Juvenile Justice Welfare Council (JJWC), there were 4,706 cases of children in conflict with the law during the second quarter of 2009. Many of them were male ages 14 to 17 years old, mostly out of school youth and belong to poor families. Because these minors belong to poor families, only a few of them can afford to post bail, Abitria added. A child who cannot post bail stays in prison with little chance to rebuild his/her future. San Miguel said the government’s failure to address the deplorable situation of Filipino children – extreme poverty, hunger and lack of educational opportunities — make them vulnerable to involvement in crime and violence. ―As of 2008, about 35 percent of children aged six to 11 and 54 percent of 12 to 15 year-olds are out of school youths. Their exposure to life in the streets makes them more accessible to criminal syndicate groups,‖ San Miguel said.

Restorative justice Bernabe stressed the importance of restorative justice in dealing with child offenders. ―In restorative justice, all the parties involved as well as the community will help in the rehabilitation and restitution of the offender so that he/she will understand the consequences of what he/she did.‖ ―In this system, the accused and the victim will face each other to make the accused realize the extent of damage to the victim and help him to correct it, Bernabe said. ‖ ―The offender must understand the consequence of what he did. The parents will also be held able.‖ Parents, the community and LGUs will be also involved in the rehabilitation of the youth offender or CICL. ―It is the responsibility of the state to make sure that the conflict between the accused and the victim will be resolved with the appropriate program (depending on the gravity of the crime committed) that will help in the rehabilitation of the accused (psycho social and therapy for rape, murder, etc.),‖ Berbabe added. In RA 9344, when the youth offender is found guilty of the crime with a penalty of not more than six years of imprisonment the offender will undergo a diversion program. Diversion, according to the law, refers to an alternative, child-appropriate process of determining the responsibility of a youth offender on the basis of his or her social, cultural, economic, psychological or educational background without resorting to formal court proceedings. Among the diversion programs (in the barangay level) are restitution of property, reparation of damaged caused, indemnification for consequential damage, written or oral apology, care, guidance and supervision order, counseling for the the child in conflict with the law and his/her family. A lecture on anger management, problem solving and/or conflict resolution skills, value formation and other skills which will aid the child in dealing with situations, which can lead to repetition of the offense. At the level of the appropriate court, the offender will also be turned over to institutional care and custody. In its position paper, Payo hopes that the principles of restorative justice may be truly implemented under RA 9344 and that concerns of the victims may not just be relegated to the background, but truly given importance; that offenders may be rehabilitated and successfully reintegrated into their families and communities and; that communities may play a more active role in preventing juvenile crime and ensuring peace in their areas. Salinlahi, meanwhile, said the lack of budget from the government prevents the full implementation of the Juvenile Justice Intervention Program. ―The effectiveness of this law actually depends on how the government prioritizes the welfare of these children. The Congress and the Senate determine the budget of the government agencies. Thus, they can be considered as contributors to the failure of the law. For five years, JJWC only received less than one percent of the budget of the Department of Justice (DOJ). This meager budget allocation hinders the full and efficient implementation of the law. Salinlahi believes that the correct implementation,

with proper education about the law and a sufficient budget allocation should be prioritized by the government,‖ San Miguel said. - See more at: http://bulatlat.com/main/2011/11/04/lowering-age-discernment-wontsolve-juvenile-delinquency-childrens-rights-groups/2/#sthash.LV87IDVw.dpuf

Paper presented at the 14th World Congress of Sociology, Working Group 3 / Sociology of Childhood at Montreal Canada on July 26 - August 1, 1998. Mr. Gerardo Sandoval is Senior Survey Research Specialist of Social Weather Stations (SWS), Dr. Mahar Mangahas is President of SWS, and Ms. Linda Luz Guerrero is SWS Executive Vice-President and Manager for the Projects and Survey Group, and

THE SITUATION OF FILIPINO YOUTH: A NATIONAL SURVEY Gerardo Sandoval, Mahar Mangahas, and Linda Luz Guerrero Social Weather Stations

Abstract This paper reports on a national survey, done in 1996 by Social Weather Stations for the Philippine National Youth Commission, in order to evaluate in detail the attitudes, values, needs, aspirations, and problems of Filipinos within ages 15 and 30. The survey found that the youth feel very proud to be Filipino, easily declaring willingness to defend the country in case of war. They put great importance on marriage and family, friends, education, work, religion , society, and money, but not much importance on recreation, hobbies, or politics. They are very sensitive to how parents and children make personal sacrifices for each other. Not only are they personally religious, but they actively participate in religious organizations very regularly. They are generally satisfied with the government's performance in the areas of their own needs. Comparative analysis with surveys of American youth indicates that Filipino youth have more self-confidence and more satisfaction with life. They get along better with parents and neighbors.They get together with friends less often, and yet are as satisfied with these relationships as Americans are. They are more content with their educational opportunities, their standard of living, and their jobs. Filipino youth get less exercise, however, and are less exposed to television and movies.

A comparison with surveys of adult Filipinos shows that the youth consider the economy as the country's most pressing problem area, but think that they themselves can do little about it. They smoke and drink less, regard their health as good, feel happier, and are more optimistic. Yet, at the same time, the 1996 survey found unexpectedly high incidences of youth involvement in criminality, illegal drug use, and illicit sex. 1. BACKGROUND With the age and approval of Republic Act 8044 or the "Youth in NationBuilding Act" in 1995, the National Youth Commission (NYC) was created to serve as the sole policy-making and coordinating body of all youth programs and government projects. This Act mandates the NYC to undertake "a national study on the situation of youth in the Philippines" identifying (a) priority needs, (b) prevailing attitudes and values, (c) existing services and (d) gaps in the service delivery of the basic needs of the youth (Sec. 3b). A second mandate is for the NYC to conduct a "national review, evaluation and reform of all organizations delivering services to the youth." Since the definition of youth vary across institutions, Republic Act 8044 also set the definition of youth in the Philippines as those who are 15-30 years old. Adopting this official definition, the number of youth in the Philippines totals 20.7 million or constituting nearly one-third of the country's total population (NSO, 1995 Census). Given the objective of understanding the Filipino youth better in of their characteristics, attitudes, values, needs, aspirations, and problems, the NYC commissioned Social Weather Stations (SWS), a private, non-stock, non-profit social research institution engaged in public opinion polling, to conduct a nationwide representative survey of youth in the Philippines in April 1996. The nationwide representative survey of youth consisted of 1,200 respondents drawn from the 15-30 years old population, for an error margin of ?3% at a 95% confidence level. Fieldwork was conducted from March 30 to April 25, 1996. This report presents the results of the said survey. It also compares the results with other studies, local or foreign, whenever possible. 2. FINDINGS 2.1 Socio-Demographic Characteristics In its surveys, SWS uses the socio-economic classification scheme utilized in market research surveys which classifies households into the following socioeconomic classes according to their type of dwelling: the rich and the middle Class ABC, the poor Class D, and the poorest Class E (Arroyo 1990a). Based

on this scheme, majority of the Philippine youth respondents belong to Class D. Majority are also single, Catholics, and have reached a high school level of education. About a third are working (Table 1). Table 1. SOCIO-DEMOGRAPHIC CHARACTERISTICS OF RESPONDENTS Philippine Youth, April 1996 Economic Class ABC 10% D 69 E 20 Age Group 15-17 27 18-21 26 22-24 15 25-30 33 Gender (pre-determined) Male 50 Female 50 Civil Status Single 62 Married 36 Living-in as married

2

Educational Attainment Primary

15

Some elementary

5

Elementary graduate 10 Secondary

54

Some high school 28 High school graduate 26 Tertiary

30

Vocational

7

Some college 16 College graduate

7

Employment Status Working 30 Not working 39 Never worked before 31 Religion Catholic 84 Others 16

2.2. Personal Well-Being

Self-rated poverty. Self-rated poverty refers to those who point to the word POOR, when shown a card by a survey interviewer containing the words POOR, NOT POOR, and a line separating the two. This results in a three-way classification of respondents as POOR, NOT POOR, or on the BORDER LINE (Abrera 1977, Mangahas, 1988, 1992, and 1995a.) Almost half (47%) of youth respondents assess themselves as being poor. This proportion is lower than the 59% obtained among average adults surveyed during the same period (Table 2). While this question is sufficient in itself to provide an estimate of the poverty incidence, a follow-up question on poverty threshold for those who rate themselves as poor was asked: "How much money would your family need for home expenses each month in order not to be called poor anymore?" Those who do not consider themselves poor were likewise asked a related question: "For a family as large as yours but poor, how much money do you think it would need to spend each month for home expenses in order not to feel poor anymore?" The median poverty threshold obtained among the youth is P5,000 (US $125 at US $1=P40) or the same amount computed among the average adults in April l996 (Table 2). Quality of life. Gross National Product (GNP) data alone cannot be utilized to monitor changes in the people's welfare. SWS' alternative way to determine who gain and who lose in the economy is to ask the people directly. This is the concept of trends in the quality of life (Arroyo, 1990b). Have their living standards improved, worsened, or remained the same over the past year? SWS surveys ask respondents to compare their present quality of life, with that of 12 months ago: did they gain, lose, or experience no change? Furthermore, the survey also asked whether the respondent foresees a gain or a loss in his/her quality of life over the next year. Those who predict improvements are classified as optimists, while those who expect losses may be called pessimists. Table 2 shows that while a net loser-status relative to a year ago is seen among the average adult respondents (-11, in of % gainers minus % losers), the youth respondents assess themselves as net gainers (+21). The youth also show higher levels of net optimism (+46, in of % optimists minus % pessimists) than the average adults (+27). Happiness. Inquiring on the overall level of happiness, the survey found out that the youth, nine in ten, like the average adults are generally happy (Table 2). Self-assessed health. Half of the Filipino youth and adults assess their present state of heath to be very good or good (Table 2).

Table 2. INDICATORS OF GENERAL WELL-BEING Philippine Youth and Adults, April 1996 Philippine Youth Philippine Adults April 1996 April 1996 * Self-Rated Poverty Percent poor

47%

59%

P 5,000

P 5,000

Net gainers (%better now minus % worse now)

+21

-11

Net optimists (% will be better minus % will be worse)

+46

+27

Very happy

33

40

Somewhat happy

58

52

Not very/Not at all happy

10

8

Very good

14

16

Good

37

36

Fair

47

42

Median poverty threshold (PhP) Quality of Life

Happiness

Self-Assessed Health

Poor/Very poor 3 5 * ages 18 and above, SWS April 1996 nationwide survey, n=1,200.

Smoking and drinking. There are more smokers among the average Filipino adults than the youth. There are also more of the adults drinking than the youth. In both cases, there are very much more males than females doing both (Table 3). Table 3. SMOKING AND DRINKING BY GENDER Philippine Youth, April 1996, and Adults, April 1993 Philippine Youth Philippine Adults April 1996 April 1993 * Total Male Female Total Male Female Smoking Smoke at present

20% 35%

6%

32% 54%

10%

Used to smoke but quit

6

11

2

22

26

17

Never smoked

73

54

92

46

21

72

Just tried

0

0

0

0

0

0

Several times a week

3

6

0

12

19

4

Once a week

12

21

2

14

24

3

Drinking

Several times a month

4

7

1

7

12

2

Once a month

6

10

3

9

12

6

Several times a year

2

3

2

9

9

10

Rarely

19

24

13

1

0

1

Does not drink 54 29 78 50 25 74 * ages 18 and above, SWS, April 1993, n=1,200.

2.3. Participation in Organizations and Activities Involvement in organizations. The Filipino youth are not ers. One in eight claim to be active of sports or recreational organizations, and in church or religious organizations; a tenth in youth organizations (Table 4). Table 4. ORGANIZATIONAL INVOLVEMENT Philippine Youth, April 1996 Philippine Youth April 1996 Active of ... Sports/Recreational organization

12%

Church/Religious organization

12

Youth organization

10

Art, music or educational organization

6

Charitable organization

3

Political party

1

Labor union

1

Professional association

1

Activities. The youth are highly exposed to radio, with three-fourths listening to it almost everyday. A little over half watch TV, and very much more among the American youth who do so almost everyday (Table 5). Fewer Filipino youth, a third, read books, magazines or newspapers almost everyday compared to the American youth, about four in nine. The proportions are similar with regard to the Filipino youth getting together with their friends almost everyday, compared to the American youth. However, only one in twenty of the Filipino youth participate in sports, do athletic work or exercise daily, as compared to four in nine among the American youth. Table 5. YOUTH ACTIVITIES Philippine Youth, April 1996, and US Youth, 1993 Philippine Youth US Youth April 1996 1993 * Listen to radio almost daily

74%

--

Watch TV almost daily

57

73%

Read books, magazines or

31

46

newspapers almost daily Get together with friends almost weekly

66

87

Watch movies at least once or twice a month

44

61

Exercise almost daily 5 44 * Monitoring the Future: A Study of the Lifestyle and Values of the Youth, 1993, n=2,700

Religiosity and religious practices. While only a tenth claim to be active of religious organizations, 9% of the youth assess themselves as extremely religious, 29% as very religious, and 49% as somewhat religious or a total of 87% who can be considered religious. A similar high level of selfassessed religiosity is seen among the average adults. This also translates into practice, with about seven in ten of the youth and similarly among average adults, attending religious services at least once a week. About six in seven of the youth and among average adults pray at least once a day (Table 6). Table 6. RELIGIOSITY AND RELIGIOUS PRACTICES Philippine Youth, April 1996, and Adults, July 1991 Philippine Youth Philippine Adults April 1996 July 1991 * Self-Assessed Religiosity Extremely religious

9%

8%

Very religious

29

28

Somewhat religious

49

50

Neither religious nor non-religious

6

10

Somewhat non-religious

5

4

Extremely non-religious

0

1

More than once a week

10

13

Once a week

59

55

Less often than once a month

31

32

Several times a day

28

37

Once a day

57

49

Frequency of Attending Religious Services

Frequency of Praying

Less often than once a day 15 14 * ages 18 and above, n=1,200, SWS ISSP Survey in July 1991 for religiosity, SWS World Values Survey in April 1996 for frequency of attending religious services and SWS December 1993 Survey for frequency of praying.

2.4. Gender and Family Parents' and children's roles. Majority of the youth (61%) live with their parents. Practically almost all of them (even among adults) agree that

regardless of what the qualities and faults of the parents are, one must always love and respect them. Similarly, 88% (91% among average adults) believe that it is the parents' duty to do their best for their children even at the expense of their own well-being (Table 7). Table 7. PARENTS' AND CHILDREN'S ROLES Philippine Youth and Adults, April 1996 Philippine Youth Philippine Adults April 1996 April 1996 * % Living with parents

61%

--

95

96%

Children should love and repect their parents regardless of their qualities and faults

Parents should do their best for their children 88 91 even at their own expense * ages 18 and above, SWS World Values Survey, April 1996 n=1,200.

Gender preference. If given a choice, what sex would the Filipino youth prefer? About one in twenty of the males prefer to be females. One in fourteen among the females prefer to be males (Table 8). Table 8. GENDER PREFERENCE BY GENDER

Philippine Youth, April 1996 Philippine Youth April 1996 Among Males Prefers to be male

73%

Prefers to be female

5

Does not matter

23

Among Females Prefers to be male

7

Prefers to be female

63

Does not matter

30

2.5. Importance of and Satisfaction with Certain Aspects of Life As shown in Table 9, practically all of the youth consider the following to be very important or rather important in their lives: having a good marriage and family life; being able to find steady work; having a good education; being successful in work; finding meaning and purpose in life; and being religious. Lesser importance, however, is given to having plenty of time for recreation and hobbies, and in being politically involved. The importance given by the American youth to the items above are about the same as that of the Filipino youth, except for making a contribution to society and in having lots of money. The American youth give more importance to having plenty of time for recreation and hobbies than the Filipino youth . Table 9. IMPORTANT ASPECTS IN LIFE Philippine Youth, April 1996 and US Youth, 1993

Philippine Youth US Youth April 1996 1993 * Percent "Very/Rather Important" Having good marriage and family life

98%

92%

Being able to find steady work

98

95

Having good education

98

--

Being successful in work

96

92

Finding meaning and purpose in life

96

87

Being religious

95

--

Having strong friendships

93

90

Making a contribution to society

91

62

Having lots of money

83

62

Having plenty of time for recreation & hobbies

57

72

Being politically involved 36 -* Monitoring the Future: A Study of the Lifestyle and Values of the Youth, 1993, n=2,700.

Both the Filipino, although higher, and American youths express high net satisfaction (% satisfied minus % dissatisfied) with the way they get along with their parents, themselves, the people whom they spend time with, the neighborhood where they live. Both also express fulfillment in their lives as a whole these days, their standard of living, their personal safety, and their job (among those working) (Table 10). Table 10. PERSONAL SATISFACTION Philippine Youth, April 1996 and US Youth, 1993 Philippine Youth US Youth April 1996 1993 * Net Satisfaction (% Satisfied minus % Dissatisfied) The way you get along with your parents

+92

+53

Yourself

+88

+64

The people whom you spend time with

+77

+76

The neighborhood where you live

+72

+47

Your life as a whole these days

+72

+55

Your standard of living

+71

+61

Your personal safety

+68

+54

Your job (Base: Working)

+67

+37

The safety of personal properties

+65

+30

Your educational experiences +64 +51 * Monitoring the Future: A Study of the Lifestyle and Values of the Youth, 1993, n=2,700

2.6. Political well-being Most important problem of the country. Like the average adult respondents, the youth consider economic matters as the most important current problem of

the Philippines, followed by crime and governance. As to what the youth can personally do to help solve the problems identified, majority it helplessness and apathy. A similar sentiment is seen in their interest in politics (Table 11). Table 11. POLITICAL WELL-BEING Philippine Youth and Adults, April 1996 Philippine Youth Philippine Adults April 1996 April 1996 * Most important problem of the country Economic

56%

67%

Crime

20

20

Governance

9

6

Natural calamities

4

2

None

7

6

40

48

Interest in politics Very/Somewhat interested

Not very/Not at all interested 60 52 * ages 18 and above, SWS April 1996 nationwide survey, n=1,200.

Satisfaction with democracy. Asked whether they are satisfied or not with the way democracy works in the country, a little over half (55%) say they are satisfied and 45% say they are not, for a net satisfaction rating of +10. This net satisfaction rating is higher than the net ratings obtained from the average Philippine adults (+2) and the average of twelve European Countries, which are dissatisfied with the way democracy works in their country (-22) (Table 12). Table 12. SATISFACTION WITH THE WAY DEMOCRACY WORKS IN THE COUNTRY Philippine Youth and Adults, April 1996, and European Community, April-May 1995 Philippine Youth Philippine Adults European Countries April 1996 April 1996 * April-May 1995 ** Satisfied Dissatisfied

55%

51%

39%

45

49

61

Net satisfied

+10 +2 -22 * ages 18 and above, SWS April 1996, n=1,200. ** average of 12 European countries, n=12,800, Eurobarometer, April-May 1995.

Satisfaction with the National istration on specific issues. Although opinion about a public official, public institution, and about how the government is handling a specific issue can be expressed in many ways-- aside from words, such acts as voting, marching in demonstrations, body language, etc.-- all are political statements. Standard opinion surveys, which are oral interviews with respondents, using explicitly written-out questions having, for the most part, closed-ended answers use the satisfaction rating (Mangahas 1995b, 1995c).

The satisfaction ratings make use of a 5-option answer-set, namely "very satisfied," "somewhat satisfied," "neither satisfied nor dissatisfied," "somewhat dissatisfied," or "very dissatisfied." The raw data categories "very satisfied" and "satisfied" are combined in the statistics on satisfied. Subtracting the gross percentage dissatisfied from the gross percentage satisfied summarizes the performance rating into a single number. The national istration receive slightly higher levels of net satisfaction rating from the youth than the average adults in of the overall performance. It received decent net satisfaction ratings among the youth in being sensitive to youth needs and problems, in helping people look for work locally, in reconciling with military rebels, and in reconciling with communist rebels. The adults gave much lower net satisfaction ratings for reconciling with Muslim rebels, and in eradicating graft and corruption (Table 13). Table 13. SATISFACTION WITH THE NATIONAL ISTRATION ON SPECIFIC ISSUES Philippine Youth Philippine Adults* April 1996 Net Satisfaction (% Satisfied minus % Dissatisfied) Overall performance

+8

0 (Apr96)

Sensitive to youth needs and problems

+31

---

Help people look for work locally

+27

---

Reconciliation with military rebels

+20

+42 (Jul93)

Reconciliation with communist rebels

+16

+22(Nov94)

Reconciliation with Muslim rebels

+8

-4 (Apr96)

Eradicating graft and corruption in government -1 -33 (Apr96) * Social Weather Stations Surveys, July 1993, November 1994 and April 1996, n=1,200.

2.7. National Identity Pride in being Filipino. About seven in ten of the youth are very proud and a fifth are quite proud to be Filipinos, for a total of 93% (89% among adults) who can be considered proud of their nationality (Table 14). Table 14. PRIDE IN BEING FILIPINO Philippine Youth and Adults, April 1996 Philippine Youth Philippine Adults April 1996 April 1993 * Very proud

69%

53%

Quite proud

24

36

Not very proud

4

9

Not at all proud 3 2 * ages 18 and above, SWS, April 1993, n=1,200.

Positive and negative Filipino traits. One fifth of the Filipino youth cannot cite a positive trait of Filipinos. A third did not indicate any negative trait. Asked what characteristics can be considered strengths of Filipinos, the popular responses among the youth are being hardworking (17%), friendly (14%), charitable (13%)and hospitable (13%); being lazy, on the other hand, is the more popular negative trait (Table 15). Table 15. POSITIVE AND NEGATIVE FILIPINO TRAITS Philippine Youth, April 1996 Philippine Youth April 1996 (Responses above 5%) Positive Filipino Traits Hardworking

17%

Friendly

14

Charitable

13

Hospitable

13

Creative

8

Respectful

8

None/Can't say

24

Negative Filipino Traits Lazy

20

Negative thinker

8

None/Can't say

36

Filipino role models. The most popular response to the question on the male role model for the youth is the national hero Dr. Jose Rizal (24%), followed by their own father (10%). In turn, their own mother (14%) is the most popular response as the female role model for the youth (Table 16). Table 16. FILIPINO MALE AND FEMALE ROLE MODELS FOR THE YOUTH Philippine Youth, April 1996 Philippine Youth April 1996 (Responses above 4%) Male Role Model Dr. Jose Rizal

24%

Father

10

None

28

Female Role Model Mother

14

Cory Aquino

5

Gloria Macapagal-Arroyo

5

Melchora Aquino

5

None

36

Fighting for the country in case of war. High proportions among Filipino youth and adults are willing to defend the country should there be another war (Table 17). Table 17. FIGHTING FOR THE COUNTRY IN CASE OF WAR Philippine Youth and Adults, April 1996 Philippine Youth Philippine Adults April 1996 April 1996 * Yes

83%

85%

No

14

11

Don't know 3 4 * ages 18 and above, SWS World Values Survey, April 1996, n=1,200.

2.8. Experience of Illegal and Socially Undesirable Activities The sealed-envelope method was used to gather information on sensitive matters about the youth (see Santos 1992, Makkai and McAllister 1992, Mangahas and Sandoval 1994). The results reveal serious problems in the areas of criminality, gambling and sexuality. Since the youth population is estimated to be about 20.7 million (based on the 1997 NSO projections of the 1995 census), one percent of this figure is about 207,000 youths. Thus, a 6% of the Philippine youth who claim to have ever sold illegal drugs is estimated to be about 1.2 million youths; and 7% who claim to have used them is approximately 1.4 million youths. Thirteen percent or 2.7 million youths in the Philippines have ever had a premarital sexual relation; 5% or 1 million youths have ever engaged in sex that they paid for, while the same proportion have engaged in sex and been paid for it. Eight percent or 1.7 million Filipino youths have ever had sex against their own will, and 4% (0.8 million youths) have ever forced someone to have sex with them (Table 18). Table 18. RESULTS OF THE SEALED-ENVELOPE QUESTIONNAIRE Philippine Youth, April 1996 Philippine Youth April 1996 Percent

Projected Count*

Ever participated in illegal and/or socially undesirable activities Watched pornographic movies

18%

3,726,000

Trouble with police

13

2,691,000

Engaged in jueteng

13

2,691,000

Shoplifting

11

2,277,000

Earned a living by begging

10

2,070,000

Undergone hazing

8

1,656,000

Drug use

7

1,499,000

Drug pushing

6

1,242,000

Armed robbery

6

1,242,000

Gang hip

3

621,000

Pre-marital sex

13

2,691,000

Having sex against own will

8

1,656,000

Being paid for sex

5

1,035,000

Paying for sex

5

1,035,000

Forcing someone to have sex

4

828,000

39

8,073,000

Ever experienced ...

Ever became victim of ... Natural calamities

Insurgency 7 1,449,000 * youth population 20.7 million, based on 1997 NSO projections of the 1995 census.

3. SUMMARY AND CONCLUSIONS Philippine government statistics on the youth mostly pertain to their characteristics and do not include information regarding their attitudes, values, needs, aspirations, and problems. Also, the government data do not encom the 15-30 age range specified to be the legal definition of the youth, resulting to gaps in available data on the youth. The Social Weather Stations' survey of the youth in April 1996 was the first representative nationwide study in the Philippines targeted to obtain, aside from their characteristics, the youth's attitudes, values, needs, aspirations, and problems. The respondents of this survey are the newly-defined youth or those belonging to the 15-30 age bracket. Among other things, the survey found that the youth feel very proud to be Filipinos and are willing to defend the country in case of war. To them, marriage and family, education, work, religion, friends, society and money are important, but not much importance is given to recreation, hobbies and politics. They are also very religious and perform religious activities like praying and attending religious services regularly, although they are only moderately involved in religious organizations. They are generally satisfied with government's performance, especially on areas of their own needs. They consider Jose Rizal, the Philippine national hero, as the male role model and mothers as the female role model for them. A few, however, want to change their present gender.

Compared to the American youth, the Filipino youth have more confidence and satisfaction with their life. They get along better with their parents and neighbors. Although they get together with friends less frequently, they are as satisfied with these relationships as the Americans are. They are more content with their educational experiences, their standard of living, their jobs, and their life in general. Filipino youth, however, get less exercise and are less exposed to television and movies. Furthermore, they read books, magazines or newspapers less regularly than the American youth do. Comparing the surveys of average Filipino adults with the Filipino youth reveals that both consider their health as good, feel generally happy, and are very sensitive to how parents and children make personal sacrifices for each other. Both also consider the economy as the most pressing problem area in the country, but the youth think that they can do little about this. More youth feel less poor, consider their quality of life to improve over the past year and are more optimistic of the coming year than adults. They also smoke and drink less, although for both youth and adults, females do these less frequently than males. The survey also found high incidences of youth involvement in criminality, illegal drug use, and illicit sex. References "National Youth Development Plan 1994-98." Presidential Council for Youth Affairs, Malaca?ang, Manila, 1994. Republic Act 8044, "Youth in Nation-Building Act." Congress of the Philippines, Third Regular Session, 25 July 1994, H. No. 11614, S. No. 1977. Article II, "Declaration of Principles and State Policies," Section 13, The Constitution of the Republic of the Philippines, 1986. National Statistics Office (1997), "1995 Census of Population, Report No. 2-- Philippines-- SocioEconomic and Demographic Characteristics," Manila. Abrera, Ma. Alcestis (1977), Measurement of Philippine Poverty," in Measuring Philippine Development, ed. by Mahar Mangahas. Makati: Development Academy of the Philippines. Arroyo, Dennis M. (1990a), "The Usefulness of the ABCDE Market Research System: A Means to Check Social Welfare and Class Attributes." Social Weather Bulletin, Social Weather Stations, Quezon City, Philippines. Arroyo, Dennis M. (1990b), "Monitoring Changes in the Filipino's Standard of Living: Gains and Losses, Optimism and Pessimism Among Broad Groups." Social Weather Bulletin. Social Weather Stations, Quezon City, Philippines. Mangahas, Mahar (1988) "Philippine Poverty Measured by the Self-Rating Approach: Review and Analysis of 1981-88 Survey Data and Proposal for Research." Occasional Paper, Social Weather Stations. Mangahas, Mahar (1992), "Self-Rated Poverty in the Philippines, 1981-1992." Occasional Paper, Social Weather Stations. Mangahas, Mahar (1995a), "Self-Rated Poverty in the Philippines, 1981-92," International Journal of Public Opinion Research. Vol. 7, No. 1, 40-55. Mangahas, Mahar (1995b), "Public Opinion About Public Officials." Occasional Paper. Social Weather Stations, Quezon City, Philippines. Mangahas, Mahar (1995c), "The Government's Pop Charts: Personalities." Social Weather Bulletin 95-11. Social Weather Stations, Quezon City, Philippines. Mangahas, Mahar and Sandoval, Gerardo (1994), "Monitoring the Situation of Children in Especially Difficult Circumstances in Metro Manila," paper presented at the 13th World Congress of Sociology, Working Group 6: Social Indicators, July 18-23, 1998 at Bielefeld, .

Makkai, Toni and McAllister, Ian (1992), "Measuring Social Indicators in Opinion Surveys: A Method to Improve Accuracy on Sensitive Questions," Social Indicators Research, Vol. 27, pp. 169-186. Santos, Patricia (1992), "The Application of the Sealed Envelope Method," paper presented at the First National Marketing and Opinion Research Conference of the Philippines, Tagaytay City, September 17-18, 1992.

Bill to improve juvenile justice system in bicam By Jovan Cerda (philstar.com) | Updated March 13, 2013 - 2:20pm googleplus

MANILA, Philippines - The Congress is now on the process of finalizing a bill that amends the existing Juvenile Justice and Welfare Act of 2006 in an effort to review the minimum age of criminal responsibility. "We are hoping that the bicameral conference would, before adjournment of the 15th Congress in June, be able to reconcile conflicting provisions of the proposed statute, special provisions related to the covered age-range of youthful offenders," the authors said in a statement published Wednesday. The measure mandates the Juvenile Justice and Welfare Council to conduct every three years a study on the age of discernment of Filipino children, which will be the basis of a legislative review on the minimum age of criminal responsibility. The House version of the bill defines a youth offender as "a child above 12 but at least 15 years of age who acted with discernment and a child above 15 years old but under 18 years of age at the time of the alleged commission of a criminal offense." The proposed measure also mandates that a juvenile delinquent be under the custody of the Department of Social Work and Development upon being found guilty of an offense.

Nation ( Article MRec ), pagematch: 1, sectionmatch: 1 The child who commits murder, parricide, homicide, kidnapping, rape, robbery, drug trafficking or other offenses punishable by more than 12 years will also be presumed to have acted with discernment.

New Juvenile justice law signed By Alexis Romero (The Philippine Star) | Updated October 9, 2013 - 12:00am MANILA, Philippines - President Aquino signed into law a measure that seeks to protect youth offenders and a bill that imposes harsher penalties on those who maltreat or torture animals.

Signed into law last Oct. 3, Republic Act 10630 amends the Juvenile Justice System and Welfare Act of 2006.

But the new law did not change the minimum age of criminal responsibility, which remains at 15. This means that a child who is 15 years old or under at the time of the commission of the offense shall remain exempt from criminal liability. However, the offender shall be subjected to an intervention program of the government.

Some sectors have called on Congress to amend the provisions on the minimum age of liability, noting that offenders are getting younger.

But the Department of Social Welfare and Development is not in favor of such amendment, saying that children in conflict with the law are also victims.

Malacañang, for its part, believes that the new law has enough provisions to address the concerns of all sectors.

Headlines ( Article MRec ), pagematch: 1, sectionmatch: 1

“There are enough provisions in the existing law that would balance the concerns of some who are in favor of lowering the age of liability,” deputy presidential spokesperson Abigail Valte said.

Under the new law, a child above 15 years old but below 18 years old can also be exempt from criminal liability and be subjected to an intervention program unless he has acted with discernment.

The exemption from criminal liability, however, does not include exemption from civil liability.

The new law also creates regional Juvenile Justice and Welfare Councils to ensure effective implementation of the law in the local level.

Aquino signs amended Juvenile Justice Act Wednesday 9th of October 2013 301 9 0 1 0

MANILA, Oct. 9 -- President Benigno S. Aquino III has signed into law a bill amending the Juvenile Justice and Welfare Act of 2006, in order to exempt a child fifteen (15) years of age or under at the time of the commission of the offense from criminal liability. Deputy Presidential Spokesperson Abigail Valte said during the regular press briefing in Malacanang on Tuesday that the Chief Executive signed on October 3 Republic Act No. 10630 otherwise known as "An Act Strengthening the Juvenile Justice System in the Philippines," amending for the purpose Republic Act No. 9344, otherwise known as the “Juvenile Justice and Welfare Act of 2006 and appropriating funds therefor." This Act which is a consolidation of Senate Bill No. 3324 and House Bill No. 6052 was finally ed by the Senate and the House of Representatives on June 5, 2013. The law aims to protect the welfare of children in conflict with the law, majority of whom are guilty of petty crimes such as petty theft, vagrancy and sniffing glue. Under the law, a child 15 years old and under at the time of the commission of the crime, will be exempted from criminal liability. However, the said child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or Bahay Pag-asa managed by local government units (LGUs) or licensed and/or accredited non-government organizations monitored by the Department of Social Welfare and Development (DSWD).

The law provides that a child above 15 years but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. These minors can face civil liabilities in accordance with existing laws. A child who is above 12 years of age up to 15 years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than 12 years of imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as amended. The child shall be mandatorily placed in a special facility within the youth care faculty or Bahay Pag-asa called the Intensive Juvenile Intervention and Center. Repeat offenders, or children who have committed crimes more than three times, be considered as neglected children and, as such, must undergo intervention programs supervised by the local social welfare and development officers. The law provides the maximum penalty for those who exploit children such as syndicates, for the commission of criminal offenses. The law mandates the creation of the Juvenile Justice and Welfare Council (JJWC) to ensure the effective implementation of this Act. As an attached agency of the DSWD, the JJWC shall be chaired by a DSWD Undersecretary. The JJWC will be required to conduct a periodic study on the age of discernment to provide basis for a legislative review. The law also provides assistance to victims of crimes committed by children. The amount necessary to carry out the provisions of this Act shall be charged against the current year‟s appropriations of the JJWC under the budget of the Department of Justice. "Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the budget of the DSWD under the annual General Appropriations Act: Provided, that the amount of Four Hundred Million Pesos (P400,000,000.00) shall be appropriated for the construction of „Bahay Pag-asa‟ rehabilitation centers in provinces or cities with high incidence of children in conflict with the law," the law said. The JJWC shall promulgate the necessary rules and regulations within 60 days from the effectivity of this Act.

This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) national newspapers of general circulation. (PCOO/PND/js) - See more at: http://news.pia.gov.ph/index.php?article=1781381225253#sthash.v2z39aGK.dpuf