The Philippines, like any other country, suffers from a plethora of social issues

perpetuated by poverty and the inability to bridge the gap between social ranks. From
the lack of access to good education to widespread unemployment, there are
numerous reasons why crime rates continue to fluctuate year after year. One of the
most pressing issues in the Philippines, however, is the issue of juvenile delinquency.
The number of juvenile delinquents documented each year has been attributed to
poverty, but advocates and pundits claim that the problem lies largely in the failure of
the State to properly deal with the so-called “children in conflict with the law”
(CICL). In this article, we will discuss what juvenile delinquency is in the Philippines,
what the possible causes are, and how the law sees incidences of juvenile
delinquency.

What Is Juvenile Delinquency in the Philippines?

Juvenile delinquency refers to criminal acts performed by children under the age of
18. According to statistics released by the Philippine National Police from 2012 to
2015, about 60 percent of juvenile crimes fall under crimes against property. These
include theft, robbery, malicious mischief and estafa, statistics by the PNP from 2012
to 2015 revealed.

On the other hand, crimes against persons, which include rape, attempted rape, acts of
lasciviousness, physical injuries, murder, attempted murder, seduction, grave threats,
abduction, and homicide, constitute 36 percent of the crimes committed by children
covering the same period.

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The last 4 percent of crimes committed by children in the Philippines from 2012 to

2015 involved violations of special laws, such as Republic Act (RA) 9165 (prohibited
drugs), Presidential Decree 1866 (illegal possession of firearms) and Presidential
Decree 1602 (illegal gambling).

While children and teenagers primarily figured in petty crimes, youth offenders are
allegedly getting younger and bolder. Some children are now figuring in heinous
crimes that would send them to jail for life. In 2015, theft, physical injury and rape
were the top 3 crimes committed by children. Theft cases recorded in 2015 reached
3,715, while physical-injury cases totaled 1,859. Rape cases involving child
perpetrators reached 642.

While the number of juvenile delinquents in the Philippines is astounding, laws

protect them from being put on trial as adults. The State and laws put in place
prioritize their welfare, rehabilitation, and reintegration into society, allowing CICLs
to improve their lives after the crimes they’ve committed in the past.

However, while the laws of the land aim to protect these children, the rehabilitation
programs remain wanting, with some reformative aspects of the Philippine Juvenile
Justice Law not being implemented well due to a lack of financial support from the
government or the absence of housing programs that should be designed for their
welfare during their supposed trials. Unfortunately, these not only affect the success
of rehabilitation, but also exposes children to the risk of abuses within the system.

What Are the Causes of Juvenile Delinquency in the

Philippines?

The causes of Philippine juvenile delinquency can be attributed to a plethora of issues

in society, with the authorities pointing to poverty as the driving factor in pushing
children to commit crimes. With a large percentage of juvenile delinquencies
consisting of theft and robbery, this assumption may not be far from the truth.
However, there are other possible causes that may also influence children into
committing crimes, including:

Abuse and Trauma

A number of children in the Philippines are subjected to psychological and physical

abuse in their own households. The psychological effect of these abuses not only
causes near-irreversible trauma, but also increases the risk of criminal behavior in
later life. Studies show that child maltreatment can double the chance that a child may
become a delinquent during their adolescent stage and up to adulthood.

Criminal Imitation
A significant percentage of children in the Philippines grow up in environments where
they are exposed to crime and misdemeanors. Children are highly impressionable,
which may lead them to recreate the criminal doings that they’ve either experienced
or seen. This is highly observable in marginalized communities, where children may
be exposed to crime and misdemeanors at a young age, offering a perspective that it is
either normal or excusable.

Syndicate Activities

One of the possible causes of juvenile delinquency in the Philippines is the

machinations of syndicates all over the country. Recent reports show that syndicates
operating in the Philippines are taking advantage of the statutes of juvenile justice.
Syndicates use minors as implements and shields to perpetrate crime, making them
more susceptible to being used by criminals to further their operations.

Lack of Access to Proper Education

Some juvenile delinquents in the Philippines fall at school age range, with most of
them not having access to traditional education due to financial constraints or family
issues. Formal education not only equips children with essential skills that they can
bring into adulthood, but it also gives them priceless information about their actions’
potential consequences. According to studies, the higher the educational attainment
that a child has access to, the lower their desire to take part in criminal activities.
However, due to the inability of marginalized youth to be educated and given proper
exposure to moral guidance, some children are pushed into a life of crime.

Extensive Access to Technology

Technological know-how had opened doors for these children to be better acquainted
with the world around them. According to the explanatory note of the HB 922 of
Party-list Reps. Irwin C. Tieng, Mariano Michael M. Velarde Jr. and Jose L. Atienza
Jr., “The massive influence of modern communication has brought minors immense
awareness of their surroundings,” the Explanatory Note further added. “Minors these
days are more mature, and their perspective in life has greatly improved as compared
to minors 10 years ago. Accordingly, it is but timely to have our laws reviewed to
adapt to the demands of the times.”
The Nature of Juvenile Delinquency and Rehabilitation in the
Philippines

Juvenile Justice in the Philippines is dictated by Republic Act No. 9344, with a
specific focus on the stages involving “children at risk and children in conflict with
the law, from prevention to rehabilitation and reintegration.” It covers children who
have been accused or charged with a crime, allowing them to be separated from
hardened criminals and adult offenders when institutionalized after arrest. This law
presents Juvenile Justice as a structure that helps support minors when they go into
conflict with the law. These include proceedings that are age-appropriate for children
as well as programs and rehabilitation institutions primarily designed to help CICLs to
reintegrate themselves into society after a probationary period.

This Republic Act was passed as an effort to improve the conditions of children in
detention. According to UNICEF, this legislative breakthrough that was passed in
2006 “was a landmark that gave many children around the Philippines a new lease on
life.” Before this law passed, thousands of children were exposed to subhuman
conditions and were at high risk of abuse as they were mixed with adult criminals. Not
only were they at risk of suffering from health conditions, such as tuberculosis, HIV,
and pneumonia, but they also suffer from scarce food supplies and were at high risk of
suffering from both sexual and physical abuse while in detention. Party-list Reps.
Irwin C. Tieng, Mariano Michael M. Velarde Jr. and Jose L. Atienza Jr.

Republic Act No. 9344 indicates that children under 15 years of age cannot be held
criminally liable, while children between 15 and 18 need to undergo intervention and
rehabilitation after committing a crime.

The Juvenile Justice System in the Philippines Leads to Poor

Reintegration

While the law was designed to offer CICLs with much-needed support and restorative
programs, it cannot be said that it is being enacted by the authorities and the
rehabilitation institutions. According to a leftist group, Karapatan, CICLs are prone to
human rights abuses. In fact, even before a court of law finds them guilty of a crime,
they already end up in juvenile facilities or, worse, detention where they suffer
psychological and emotional trauma as adult criminal offenders do while in detention.
In addition, DSWD facilities that operate primarily for CICLs do not get enough
support to offer adequate therapy and psychosocial assistance to support Juvenile
Justice in the Philippines. According to Secretary-General of Karapatan, Cristina
Palabay, “Children in conflict with the law often end up behind bars like common
criminals even inside facilities run by the DSWD or LGUs.” In some instances, due to
the lack of proper infrastructures for children, the authorities are forced to mix CICLs
with adults, with girls being held in the same cells as women.

The lack of adequate support and specialized facilities have made rehabilitation and
reintegration for CICLs more challenging, with the authorities not being able to
handle a number of CICLs due to the lack of funds and the absence of a clear system.

According to the US State Department’s 2011 Country Report on Human Rights

Practices, “From January to November [2011], Bureau of Jail Management and
Penology [BJMP] and Philippine National Police [PNP] jails held 66,825 prisoners,
95 percent of whom were pretrial detainees. The remainder had been convicted of
various crimes. Of the total number of prisoners and detainees, 6,107 were adult
women and 501 were minors. During the same period, the BJMP released 104 minor
inmates, usually in response to a court order following a petition by the Public
Attorney’s Office (PAO) or the inmate’s private lawyer or through NGO-led appeals.”

Bahay Pag-Asa and Molave Center for Youth Offenders

Fortunately, moves have been made to improve the Juvenile Justice System in the
Philippines, with former Interior Secretary Mel Senen Sarmiento calling to LGUs to
improve their juvenile integration programs. Together with this call, the Juvenile
Justice Welfare Council released guidelines for local government units to follow to
develop a Comprehensive Local Juvenile Intervention Program (CLJIP). These
guidelines include budget allocation, implementation, monitoring, and evaluation of
the CLJIP.

In addition, under the law, LGUs were required to put up and manage intervention and
support centers called the “Bahay Pag-asa.” These are 24-hour child-caring
institutions established, funded, and managed to provide residential care for children
in conflict with the law. CICLs who are at least 12 years old can be committed to
these youth-care facilities where they can be cared for and monitored by licensed
professionals and individuals.
For example, Quezon city, which is one of the most progressive cities in the
Philippine, has its Molave Youth Home as a way to support Juvenile Justice in the
Philippines. The facility is located at the Social Services Development Department
(SSDD) building behind the City Hall. Molave provides temporary custody and care
to youth offenders between 9 and 17 while undergoing trial.

A 2005 Gawad Galing Pook awards for pioneering work in the rehabilitation of youth
offenders, as well as their reintegration to society, Molave is being run and managed
by the city’s SSDD. At Molave, youth offenders get the chance to make the most of
their life while waiting for the judge’s verdict.

While the system is far from being perfect today, moves are now being implemented
to improve how CICLs are being handled to achieve maximum rehabilitation and
reintegration back into their family units and into society.

How the Law Has Failed in Youth Crimes and Exacting

Juvenile Justice

In the Philippines it is not the first time that a teenager has committed heinous crimes.
Youth offenders are becoming braver and delving into more serious crimes. From
petty street crimes, they are now figuring in heinous crimes that would send them to
jail for life, or worse, join the death row in the absence of the Juvenile Justice law; the
implementation of which is now also being considered by some lawmakers to deter
the commission of drug-related heinous crimes.

But children at risk or children in conflict with the law are more vulnerable to human-
rights abuse. Hence, they need effective intervention to correct their behavior.

The law, however, seemed to fail in curbing the number of children getting involved
in crimes. Worse, those involved in petty and even serious crimes are getting younger
and younger, some committing crimes like robbery-holdup, murder, illegal drug use
and peddling, prompting some lawmaker to think about lowering the age of criminal
responsibility.

Talks About Lowering the Age of Criminal Liability Put

Forward
In recent years, the talks about lowering the age of criminal liability to 12 years old
have been put forward in a move to “teach them to understand responsibility.” In
2016, Former House Speaker Pantaleon D. Alvarez and Rep. Fredenil H. Castro of the
Second District of Capiz filed House Bill (HB) 002 in the newly opened 17th
Congress.

Dubbed “An Act Amending Republic Act 9344, As Amended by Republic Act 10630,
and Reverting the Minimum Age of Criminal Responsibility from 15 Years Old to 9
Years Old,” the amendment seeks to lower criminal liability from the current 15 years
old to 9 years old.

Both representatives explained the “necessity” of such an amendment in their

Declaration of Policy:

“It is the policy of the state to ensure that the Filipino youth shall be taught to accept
responsibility for their words and deeds as early as possible, and not to unduly pamper
them with impunity from the criminal responsibility upon reaching the age of 9
years.”

The authors of the bill were particularly concerned about juvenile delinquents in the
Philippines being used by syndicates in the commission of a crime, namely, drug
trafficking.

The same was clarified and reinforced in their Explanatory Note: “While the intent of
protection of the Filipino youth may be highly laudable, its effects have had the
opposite effects—the pampering of youthful offenders who commit crimes knowing
they can get away with it.”

With this reform, juvenile delinquents in the Philippines can be put on trial for crimes
they’ve committed and convicted as adults. Proponents of this reform have cited the
fact that syndicates and criminals have learned to exploit young children in the drug
trade and syndicate operations.

However, this was met with significant uproar as citizens expressed their
disagreement with the reform, citing that by lowering the age of criminal liability, the
Philippines will also be exposing children to a high risk of human rights abuses when
they are convicted. With a justice system that can be highly manipulated, lowering the
age of criminal liability does not only endanger the lives of children, but also further
oppress the marginalized youth, who are, more often than not, pushed to commit petty
crimes to survive.

Organizations and political groups called the reform irresponsible and pushed for the
full implementation of the Philippine Juvenile Justice and Welfare Act instead. With
juvenile support institutions still lacking budget and support from the government,
lowering the age of criminal responsibility just means that the State has failed in their
move to protect the youth from abuse and exploitation.