Intro To Findings.docx

PERCEPTIONS OF BS CRIMINOLOGY STUDENTS OF FAITH ON LOWERING THE MINIMUM AGE OF CRIMINAL LIABILITY IN THE PHILIPPINES CHATO, Denise Ricci M., DANAO, Eron Tomer P., MARQUESES, Victor Ivan E., NARVAEZ, Jaylene P., REYES, Francheska Cyra Anne L. Fidelis Senior High School, First Asia Institute of Technology and Humanities, Tanauan city, Batangas DANAO, Eron Tomer P, Tel Nos.: 09214177005; E-mail: [email protected]

Keywords: College BS Criminology, Perceptions of BS Criminology students, FAITH Colleges,

INTRODUCTION The Philippines is facing a lot of problems since the beginning of time, from political leaders, economic complications, growing population that leads to poverty up to this one problem that is making a ton attention these days known as the Juvenile Delinquency. It is one of the country’s most significant issue at the moment that shows an effect not only in physical and mental well-being of the youth but to their future manner of living as well. Indeed, the Philippines is a nation of children (Villarente, 2012). According to Soriano (2010), Juvenile delinquency is a criminal or antisocial behaviour of children and these children in conflict with the laws are usually considered

in need of treatment, rehabilitation, or discipline. Right after the election of President Rodrigo Roa Duterte on May 09 2016, many socio economic issues are subjected in public debates as he has made a statement regarding the role of youth in drug problem. And currently in the Philippines, juveniles or youthful offenders refer to those who are over 15 years of age but under 18 years of age at the time of the commission of the crime, it was former president Gloria Macapagal Arroyo, now as the Speaker of the House in Duterte Administration, who has signed the Juvenile Justice and Welfare Act (JJWA) that sets the minimum age of criminal liability at 15 when she was still a president. Yet, the Philippine House of Representatives caused national and global outrage when in early January 2019, it considered lowering the age of criminal responsibility to 9 years old. The House resolved to “compromise” and changed it to 12 in a revised bill, which it swiftly passed on 28th January 2019. This House Bill no 2, following the House Bill no 1 that seeks to restore the death penalty via lethal injection for heinous crimes, seeks to amend Section 6 of RA Number 9344 as follows: “A child nine (9) years of age and above but below eighteen (18) years of age shall likewise be exempt from criminal liability and subjected to an intervention program unless he/she is determined to have acted with discernment, in which case he/she shall be subjected to appropriate proceedings in accordance with this Act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.” Davao del Norte 1st District Representative Pantaleon “Bebot” Alvarez (2019), stated that this is to avoid instances when adult criminals “knowingly and purposely” use young Filipinos to commit crimes and make them

undergo mandatory rehabilitation by the Department of Social Welfare & Development (DSWD). Hossain (2011), claims that juvenile delinquency is almost an outcome of rapid urbanization and industrialization and has almost become a universal problem in most of the industrialized countries. No single cause or simple explanation for the development of delinquent behavior but there are different causes of delinquency namely: family aspect of delinquency, physical or biological factor—poverty. Perhaps, as observed by the UN in the study, there was poor implementation of the provisions and supposed protections being pushed for youth offenders under RA 9344, as amended by RA 10630. Some of these observations include the lack of compliance by local government units of the provisions of the law, the continued detention of children pending trial and the need for more public support (2013). In the Philippines, it is not the first time that a teenager has committed iniquitous crimes. However, youth offenders are getting younger and bolder (Villanueva, 2006). From petty street crimes, they are now figuring in horrible crimes such as robberyholdup, murder, theft, illegal drug use and peddling that would send them to jail for life, or worse, join the death row; the implementation of which is now also being considered by some lawmakers to deter the commission of drug-related abhorrent crimes. These involvement of children in heinous crimes prompted some lawmaker to think about lowering the age of criminal liability. The results of this study will be of great benefit and would help the participants to gain knowledge regarding the advantages and disadvantages of the lowering the criminal

liability in the Philippines. The community will have a better understanding of the nature of Juvenile delinquency and its possible impact on the society. Lastly, this study would become a good reference for further research and would encourage them to examine deeper on the issues which are related to this study.

The main objectives of this study are: I.

To gain knowledge with the perceptions of BS Criminology Students of Faith on lowering the minimum criminal liable age in the Philippines.

II.

To know the importance of knowing the perceptions of the BS Criminology Students of Faith on lowering the minimum age of criminal liability in the Philippines.

III.

To address the advantages and disadvantages of lowering the minimum age of criminal liability in the Philippines.

METHOD Research Design. This study applied qualitative research method to present the perceptions of BS Criminology students of FAITH on lowering the minimum age of criminal liability in the Philippines. It uses phenomenology since it aims to know the stand of BS criminology students of FAITH in regards with the lowering age of criminal liability in the Philippines. Phenomenological study is the most appropriate method since it describes the perceptions of the criminology students of this phenomenon. In addition, phenomenological research gives emphasis to the criminology students’ perception about

the juvenile crimes happening in the Philippines. It aims to know the meaning of a phenomenon and experience. Participants of the study. The researchers utilized a non-probability sampling. Particularly, purposeful sampling or also known as judgmental, selective sampling which is one of the commonly used in qualitative research. However, the researcher wishes to study a particular sample of persons or documents because of the sample’s usefulness. The research aimed to explain a phenomenon rather than making a generalization. Moreover, it also focuses on particular characteristics of a population that are of interest, which will enable to answer the research questions. Hence, the researchers decided to include criteria in order to identify the respondents of the study. The following criteria were formulated: 

A BS Criminology student of First Asia Institute of Technology and Humanities.

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BS Criminology student who has a prior knowledge and background about lowering the age of criminal liability in the Philippines.

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BS Criminology student who is willing to share his/her perceptions towards the lowering the minimum age of criminal liability in the Philippines. Having these set, fifteen (15) BS Criminology students manifested their intention

to participate and were identified as respondents of this study. The following were the participants: 

Participant A is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant B A is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant C A is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant D is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant E is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant F is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant G is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant H is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant I is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant J is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant K is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant L is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant M is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant N is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019

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Participant O is a 1st Year BS Criminology Student of FAITH Colleges for Academic Year 2018-2019 Instrumentation and Data Collection. The researchers primarily used oneon-one interview as sole data collection strategy. The researchers consider the knowledge, availability, and the ability of the respondents in designing the questions. The questions for the interview are (1) What is your perception on lowering the minimum age of criminal liability in the Philippines? (2) Why do you think Juvenile Crime is rampant in the Philippines? (3) Why do you think it’s important for this study to know your stand regarding the lowering age of criminal liable age? (4) If the law would be implemented, what do you think would be its favourable strength in controlling the Juvenile Crime Rates in the Philippines? (5) Could you describe the possible drawbacks penalizing these children in conflict with the law to their way of living and mental health development? The questions were self-constructed by the researchers and directly connected to

the specific problem. In addition, the questions were practically connected to the topic of the study, focusing on the lowering of minimum liable age in the Philippines. The individual interview method performed, uses a favourable data gathering collected by recording of audio voices. According to Kalpesh (2013), audio recording gives an

accurate summary of the interview as the all the answers were captured during the session and can thus accurately saved as reference of the interview. The researchers also prepared a formal letter of request to approve their data collection through interviewing of the respondents. The letter was address to FAITH (First Asia Institute of Technology and Humanities) Colleges COPS Dean Dr. Tomas L. Cabrillas, teachers, and the respondents itself. The interview session was made pleasant so that data will be easily appreciated and understandable for the researchers. The process was also paired with active listening plan. Qualitative Data Analysis. A thorough description about the phenomenon concerning FAITH (First Asia Institute of Technology and Humanities) BS Criminology Students Perceptions. The following steps represent phenomenological process data analysis cited in Braun and Clarke (2006): 1. Familiarising your data 2. Generating initial codes 3. Searching for themes 4. Reviewing themes 5. Defining and naming themes 6. Producing the final report These phases are interlinked and cyclical. The process of Braun and Clarke’s phenomenological data analysis tends to generate a significant quantity of data that may include interview notes, transcripts, recordings, and other types of records that must be analysed. After the gathering of data, the researcher can then begin a deeper analysis of the data in an effort to organize the information, focus on a deeper understanding and pull out emerging themes.

FINDINGS This paper expounds the three found themes: Perceptions, Advantages, and Disadvantages. BS Criminology students convey a broad knowledge about the said phenomena, lowering the minimum age of criminal liability in the Philippines. Throughout the interviewing process, BS Criminology students promote an understanding of crimSe and justice and how they are related to human behavior, social environments, and government policy. Senate Bill 2026 attempts to lower the age of criminal responsibility to 12 and allow children to be placed in a closed youth facility from the age of nine (9). This is a giant leap backward. Based on its explanatory note, the Bill argues that lowering the age of criminal responsibility will curb criminality and stop adults from using children. However, studies in neurobiology also show that adolescents’ brain function reach maturity only at around 16 years old, affecting their reasoning and impulse control. Research also has shown that children who are in dysfunctional families and those exposed to violence experience toxic stress which damages the brain’s architecture. Because the brain of the child is still maturing, and some children at risk even have delayed brain development, these children would then be susceptible to coercion and exploitation of adults (UNICEF, 2018). Children in conflict or contact with criminal justice or welfare agencies either as children in need of protection, children at risk, on arrest, during trial, in detention or as victims and witnesses, are often in a vulnerable position, unaware of their rights or unable to enforce them. How these children are treated by the system is a critical factor in determining how they will be reintegrated into their families, schools and communities (Penal Reform, 2012).

As mentioned, there are three (3) emergent themes which were extracted from the statements of BS Criminology students. These themes were summarized and shall be highlighted and expounded in this paper one by one. Theme one Perceptions of BS Criminology Students BS Criminology students gives a lot of prior knowledge and information regarding the proposed bill of lowering the age of criminal liability in the Philippines. From the gathered answers, it has been testified that first and foremost, juvenile crimes have been rampant in the country. In support to this, Student C attested, “Sa tingin ko kaya ang juvenile crime is rampant in the Philippines is kasi ginagawang advantage ng mga minor na bata na gumawa ng crime dahil alam nilang hindi sila makukulong kahit gumawa sila ng mga criminal acts na labag sa batas ng pilipinas, yun lang.” This has been proven by the data provided by the Juvenile Justice Welfare Council (JJWC), that there were at least 11,000 children in conflict with law in 2009. The government’s media agency has reported that, prior to the enactment of the Juvenile Justice and Welfare Act of 2006, “more than 52,000 Filipino children are in detention or under custodial setting” (San Juan, J., Mayuga, J., 2016). This is further reasoned out by Student F stating that it is because of cultural factors or environmental influences that lead to this social phenomenon. As it goes, “Para sa akin hindi kagustuhan ng bata kumbaga environment nayon, environment na kung bakit sila nakagawa ng crime. May 2 tayong dapat tandaan, may legitimate means

tayo at cultural goals, ang legitimate means natin ay ano opportunity na makapagaral at makapag trabaho ng ayos ayon kumbaga eh nagkakaron ng block o nagiging hinder yon kasi nga mahirap sila hindi sila makapag aral kaya anong gagawin nila para ma-attain ang cultural goal nila, gagawa sila ng illegitimate means or yun nga gagawa sila ng crime. Para sa akin ang Juvenile Crime ay rampant because of poverty na hindi naman nila ginusto na gumawa ng crime nakakagawa sila ng crime is because of society, society na rin eh.” The prevalence of juvenile delinquency is primarily due to poverty, according to the Philippine National Police (PNP) considering that theft is the common offense committed by children. (San Juan, J., Mayuga, J., 2016). Moreover, Aurora Flores of the Philippines Mental Health Association (2011) in Dumaguete believes that youth offenders have mental health isssues and reiterates that such is not just the absence of mental illness. Having said, the Philippine Congress is debating to lower the minimum age of criminal liability from 15 years of age to nine years. With the research answers that were gathered, there are split perceptions regarding the said matter, some are in favor in this proposed bill. As testified by Student H, “...mas maganda kung pabababain nila dahil mas madedevelop yung mga kabataan ngayon habang mas maiisip nila na habang bata pa sila yung, mas madidisplina dahil sa pagpapababa ng criminal liability. Kumbaga mas maiisip nila na gumawa nalang ng tama kesa gawin nila yung mali na pwede silang makulong dahil don.”

It has been perceived by many that implementing this proposed bill is mainly intended to protect children from criminal groups or syndicates. These plans are backed up by President Rodrigo Duterte who has since opposed the Juvenile Justice Law and perceived it as the cause of the rising crimes in the country. Also, he believed that a 9-year old was already capable of discernment due to the modern technology they use (Madarang, 2019). On the contrary, some respondents shared that they are against with the proposed bill stating that it would cause negatively on the child’s physique. In fact, the United Nations have been calling out the country’s justice system since 2016 during the filing of the House Bill 2, a previous proposal to lower it to nine years (Madarang, 2019). In support to this, Student L stated, “…naka sign tayo sa UN, UN convention on the rights of the child kapag yung UN na yon may nakalagay dun na ano kailangan protektahan against all odds ang rights ng mga bata kahit anong gawin nila…kasi dun palang sa rights ng mga bata tumagilid na tayo pano pa sa ibang rights diba edi magiging iba yung tingin sa’tin ng ibang bansa kasi hindi natin natupad kung ano man yung isinign natin sa UN Convention on the rights of the child.” Theme Two Advantages of the bill to the victims and to the children in conflict with the law Individuals are starting to involve themselves in crimes and deviant behaviours at a younger age today. There are children who commit rape, murder, and/or homicide. According to the latest statistics, majority of the CICL cases recorded were done by

children belonging in the age group of 16 to 17 years old, at 53% this is followed by the age group of 12-15, at 32% (Macaraeg, 2019). So with the law, the biggest possibility that could happen in the juvenile crime is to reduce the criminal rates in the Philippines. In addition to the claim, Student C firmly believed that the lowering age of criminal liability will definitely curb the criminality caused by the juvenile, “Mas matutulungan nito yung mga kapulisan natin na mas lalong mapaunti pa yung mga criminal-juvenile crime na ginagawa ng mga kabataan at mapipigilan din dtto ang pag gamit sa mga kabataan sa mga masamang gawain, tulad ng mga sindikato…” Based on our respondents’ answers, half of them were very optimistic of the lowering of criminal liable age as Student C mentioned about the syndicates wrong doing in our society. Mostly of their answer clearly show the support to the bill as they were able to determine how criminal syndicates use children to serve as couriers and other roles. Eule Rico Bonganay, Salinhali Alliance secretary general, said that if the government really wants to eliminate crimes, it should instead target the big syndicates that used children in committing such crimes as cited by Romero (2019). Students F and H seek this opportunity for the government to finally stop the syndicates from using children to commit such crimes. As testified by Student H, “Sa tingin ko magiging advantage lang ng pag papababa ng criminal liability ay yung ano mababwasan yung mga paggamit ng mga sindikato sa mga bata na kunware katulad na lang ng sa human trafficking saka yung sa drugs.” Several studies have identified syndicates as a crucial cause of crime among children in the Philippines while other causes such as poverty, do cause children to give

up their studies and turn towards crime (Hilder, 2014). The BS Criminology students also determine the syndicates as the root cause of the juvenile crime, as education comes in second. So with the law, the syndicates will not be able to convict another children because these juveniles are already in the rehabilitation. They see the bill as an advantage to outwit them (syndicates) like how Student F insisted, “Maraming batang narehab gawa ng human trafficking ibig sabihin yung mga sinadikato mawawalan sila ng access na makakuha ng mga bata ulet kasi nga yung mga batang kukunin nila nasa rehab nila.” Moreover, two Students (Student F and O) were able to figure out how the term discernment required intellectual, emotional, and psychological maturity for the children in conflict with the law. According to Cabico (2019), discernment refers to the capacity of the child at the time of the commission of the offense to understand the differences between right and wrong and the consequences of the wrongful act. It was a tall order for the children who are still in the process of developing in all aspects. Not only does this bill applies to juvenile who commit crimes, but also to all the children in the country being fully aware of the consequences they would face when they commit heinous crimes. Children are known for being ‘what you see, what you get’ as they can be easily manipulated by people around them just like how Student N could described it, “Syempre bilang kabataan natatakot din silang gumawa ng krimen so pag nalaman nilang 12 anyos na ang edad na pagpapakulong pag ikaw ay nagcommit ng krimen, matatakot sila kasi mga bata sila sumusunod din sila sa batas at ayaw naman din nilang lalong mawalan ng pagasa sa buhay…”

To sum up, half of our respondents were most certain about the opportunity to finally decrease the number of juvenile crime rate in the Philippines. To add up, one student determined that it is more than the reducing of crime rate and the bill was not only directed to mitigate the juvenile crimes, but most importantly, to give support, help, and attention to the family of the victims and to the victim itself. Student K said, “Siguro makukuha ng mga biktima yung hustisyang gusto nila. Kahit naman bata yung nakagawa ng krimen sa kanila parang dapat lang naman yon na makuha nila yung hustisya at yung bata is maparusahan din.” Theme Three Disadvantages of implementing the bill to the children’s mental health development The students of BS Criminology have varied opinions on the possible drawbacks of the lowering age of criminal liability. The apprehension of criminal activities is generally a positive though imprisonment does indeed require some form of mental coping and to put minors under the radar of authority presents even more concerns. The respondents had different outlooks on the effects of the implementation on the youth. Students E, I and L had relating concerns about the downside of youth imprisonment to their mental and behavioral development. Student B briefly stated, “Siguro yung disadvantage nito is magkakatrauma yung mga bata” To add up there are a few who even suggest that the lowering of criminal age liability is not a necessary last resort and that we have other options to explore regarding juvenile crime leaving the implementation to be more of a disadvantage to the already current problem of who the law is affecting. Student L insisted,

“Tumataas yung crime rate why not bago nila ipasa yung law nayun, bakit hindi muna isipin yung root cause kung bakit sila gumagawa non. Halimbawa education, why not magbigay sila ng malaking budget para sa education talaga tas dun nila titignan kung bata na bata talaga ang may kasalanan o dahi nawawalan sila ng opportunity na makapag aral”. The idea of prevention is also a popular opinion among our respondents. They claim that prevention of juvenile crime is far more beneficial and effective rather than raising them to the level of adult criminals. Student I stated, “Mababawasan ang crime rate sa mga bata pero hindi parin strength yun eh kasi papano nga kung mas bat aba ang ginamit nila edi magiiplement na naman sila ng bagong batas saka pano yung mga batang mahihirap nauudyokan sila ng masama para lang sa kagustuhan nilang magkapera.” The implementation of the lowering of criminal age liability requires further consideration in the opinions of our respondents, from lack of education being a more pressing concern to the overall lack of facilities that we have; many laws and authorities are flawed and it is often supported by fact that people who are taken into custody for a first offense usually have a difficult time. Many criminal behaviour stem from the moment the person realizes the consequences of the actions they can commit and has come to the conclusion that the reward is well worth the risk. To push a person to take action takes influence and intention, once the action has been done the person will need proper rehabilitation and help which is simple at the age of juveniles the problem, however, is that the new environment of the child can only stimulate for bold and careless behaviour. Student C stated that,

“Ang ano lang naman nito, ang weakness nitong pag iimplement ng lowering the minimum age of criminal liability in the Philippines, kapag nakulong yung mga bata mamumulat natin yung mga bata sa katotohanan na yung mga masasamang gawain dahil makakahalubilo nila yung mga mas nakakatanda sa kanila na gumagawa din ng masama. Kasi merong theory na Differential Housation Theory na nakaaapekto sa society, yung environment sa isang bata o tao base sa kanyang development kung paano siya lalaki kaya sa tingin ko kapag nakulong sila kasama yung mga mas nakatatandang kriminal, mas lalo lang lalala yung criminal intent nila na gumawa ng masama”