Thesis-1.1.docx

Leyte Normal University Tacloban City

Perception Evaluation of Effectiveness of Policy of the Juvenile Justice and Welfare System of the Philippines among Junior High School Students of LNU- Integrated Laboratory School

In partial fulfillment of the course code: PolSci_117 Quantitative Analysis of Political Data Presented by: Kimberly A. Granados Sharmaigne P. Callosa Judies Cesar C. Moslares AB Pol.Sci. 4-1

Presented to: Miss Ara Joy Pacoma

Background of the Study Social Problem is a one of the challenge for a country to become a better one. The term "social problem" is usually refer to social conditions that disrupt or damage society such as crime, racism, and etc. (Best, 2015) The negative conduct or the wrong doings of the member of the society eventually affects the system, cultures, society, and the development of a country. There are various types of social problem and one of them is the Juvenile Delinquency which is the law breaking among teens and children, and it is often defined children between ten and seventeen years old that do illegal behavior or activities. When a juvenile commits a crime, the procedures is different from the adult offender in which the underage offenders is place or deals with the juvenile justice court system, and juvenile detention facilities. (Juvenile Delinquency, n.d) The circumstances of the problem are critical and should be view seriously since it believed that the young generations are the hope for the future or the prime mover towards creating a better place. McCord, Widom, and Crowell mentioned that since 1980's there had been growing concern about crimes committed by young people. According to UNICEF's child protection information sheet 2006, there are more than one million children worldwide are imprisoned by law enforcement administrators. Youth violence or juvenile delinquency is a global public health. It involves bullying and physical fighting, to more severe cases such as sexual and physical assault to homicide. (Shimizu, 2016) While in the Philippines, in the year 2012 and 2015 the Philippine National Police recorded almost 40,000 cases of juvenile delinquency. (Philippine Daily Inquirer, 2018) There are international legislation that deals with the Juvenile Delinquency and Children in Conflict with the law. First is the United Nations Standard Minimum Rules for the Administration of Juvenile Justice or called "The Beijing Rules" the Beijing Rules (2015) elaborated that, it provides guidelines on how should a child be treated while they are in the criminal justice system. While the United Nations Guidelines for the Prevention of Juvenile Delnquency or the Riyadh Guidlines (2016) stated that this guideline discusses a positive and pro-active approach to prevent the growing crime in the youth population. It recognizes children as a human beings and some methods are done to discourage juvenile delinquency. The third one is the United Nation Convention on the Rights of the Child whereas it talks about the protection of the rights of all children in the world. In Articles 37 and 40 of the CRC is about the guarantees of children that are accused of crime that should have the right to fair court procedures and humane sentences. (Mlyniec, 2010) As in accordance with the standard of International Law, the Philippines has laws or policies that will protect the rights of the children. There is Republic Act 9344 "Juvenile Justice and Welfare Act" which provides child-appropriate proceedings, including programs and

services for prevention, diversion, rehabilitation, re-integration and aftercare or support to ensure their normal growth and development for the children in conflict with the law. And the ammending Republic Act for R.A. 9344- the Republic Act 10630 or the “Act Strengthening the Juvenile Justice System” provided for the establishment of an Intensive Juvenile Intervention and Support Center for children (IJISC) under the minimum age of criminal responsibility in “Bahay Pag-asa”. While in Presidential Decree No. 603 or the “Child and Youth Welfare Code" Article 1 of the provision talk about the importance of the child and should exert effort to promote the welfare and enhance the opportunities’ of every child. There is a need of evaluation regarding the policies' effectiveness and to assess the stakeholders' awareness on knowledge concerns about their rights as a child and their consistent rights included in these policies, mainly the perceptions of the stakeholder on the goals and provisions are the paramount interest of this study to find out.

Statement of the Problem This paper aimed to assess the knowledge of the respondents on evaluating of the policy of juvenile justice and welfare system’s effectiveness, and for the purpose of implementation of strengthening juvenile justice system in the Philippines. Specifically, it sought to answer the following questions: 1. What is the level of awareness of the students about the juvenile justice and welfare system of the Philippines and their consistent rights? 2. What are the evaluating perceptions of the students on juvenile justice and welfare system of the Philippines in the terms of: a) Implementation practices (processes &/ services) i) Necessity of the policy for its implementation ii) Beneficiality of the policy to them or to the country iii) Feasible accounts for its accomplishment

Significance of the Study This study is beneficial to the immediate groups of people. This study will showcase the awareness and the perception of the students on evaluating the certain policy to be implemented

regarding to its provisions, and the sources of information where they had it obtain. Furthermore, this study will provide a vision to the students and how they will give solutions to the issue and provide their account upon assessing the bill’s context. To the political science students and other disciplines, this study can be applied to future endeavours or researches to present or contribute new-fangled ideas or knowledge in strengthening the juvenile justice system in the Philippines. To the University, they can adopt this study to educate the students in the implementation of this Bill through symposiums, seminars, and etc..And to give awareness and get their viewpoint on the provisions and to other related policies. To the Local Government and higher legislations, through this study, they will be guided in formulating the provision designed to the lowering of criminal responsibility by knowing the perception of the youth and their accounts established through their evaluation. It may be a great amelioration to fortify the juvenile justice system. Other researches, this study will become a good reference for further research and will encourage them to examine deeper on the issues which are related to this study. Scope and Limitation Children in conflict with the law, juvenile delinquents or minors citizens that has committed a misdeed against the law- is a necessitated subject matter that has made a clamour on the Philippine legislation as of this point of time, and to give importance of what is the standing of the general public on their knowledge about Juvenile Justice and Welfare System of the Philippines particularly this study: Attempts to determine the awareness of Junior High School students of the private educational institution in Tacloban City on the basic rights of a child regarding on the consistent policies for juvenile delinquents, children in conflict with the law and child at risk; Tries to scrutinize the past legislations about Juvenile Justice and Welfare System (R.A. 9344 as amended by R. A. 10630 and other consistent legislation regarding to the rights of the child) and

the recently approved Bill 8858, in which it wades into the lowering of the criminal responsibility and liability of minor who will commit misconduct in contrast with the law. The subjects of the study would be the Grades 7-10 of LNU- Integrated Laboratory School of this academic year. Moreover, this study only attempts to assess the respondents’ knowledge and determine their evaluation of the policies’ effectiveness. Thus, on the supposed objective of this study will only to impart of what is their account on the policy to be approved and amended.

Theoretical Framework The study is guided with three theories to have a good direct on the awareness and evaluation of the policy’s effectiveness, the Theory of Perception is inclined to tell the awareness and perceptions of the respondents about the policy, and the Situation Awareness Theory and The Program Theory is for the stakeholders’ evaluation. Theory of Perception Williams (2016) stated that perception can be defined as a way to distinguish and interpret information that was gathered through senses. It also includes how a person responds to a certain situation with the information that was obtained. Milnes (2016) mentioned that psychology is the study of behaviour and mental process. In other words, perception is gain on how a person reacts to a certain condition or a person’s behaviour towards situation. One example theory is the Self-perception theory which was inspired B.F Skinner’s analyses, where individuals come to understand or to know their own attitudes, emotions, and other personal status by making a conclusion from their own behaviour and/or the situations in which this behaviour happen. (Bem, 1956) This theory is related to the study in which it helps to get the perception of the respondents regarding to the Juvenile Justice System. Through this, it is capable to know their views or insights about the intervention programs such as policies and laws, rehabilitations, the

restorative system, the treatment of children in conflict with the law, services for preventions, the appropriate assistance for the juvenile delinquents, and effectiveness of the Juvenile Justice System. Furthermore, it supports to give significant ideas concerning also the Philippine Juvenile Justice System and the actions that were made by the Local Government Unit which can help to fortify this study. Situation Awareness Theory According to Mica R. Endsley’s selection as cited in (Human Factors, 1995) situation awareness is a state of knowledge, from the processes used to achieve that state, and the processes which may vary extensively among individuals and context. While on the context of Stanton, Chambers & Piaggott (2001) it is more likely that the system has two elements- the person who has three sub-systems (working memory, drawing on knowledge, and reflection together with projection) to the things in the world. But relating to Endsley’s approach on the note of the legislators conforming the legislation on Juvenile Justice Act and the like is primarily in the influence of what certain procedure that had been undergone to deter the exploitation of children to commit crime and to impede minors in committing heinous or act of commission against the law. And for the public it will commonly exhibit their dissenting towards the legislation if somehow they have the knowledge of what the legislation is for they had acquired information about it at any stake that could influence them and confer their account on as to how they take their stand on giving justification that the policy is to be favoured, or not- there should be an alternative recommendations to supplant. The terminology of SA that Endsley has reverberated in literature is that (1987b, 1988b) SA is a perception of the elements in the environment within the volume of time and space, the comprehension of their meaning and projection of their status on the future. According to Endsley (1995) the definition of SA is rived on three different levels of hierarchical phases, namely: Level 1SA: Perception of the Elements in the Environment or in which the step of perceiving the status, attribute and dynamics of relevant elements in the environment. Of relating the situation of the study, legislators at the first level only undertake the recognition of the elements such as to

the crime report on juvenile delinquency or children in conflict with the law, upon arriving into the second level as legal operators- their goal is to craft laws; Level 2 SA: Comprehension of the current Situation or in which it goes simply by being aware of the elements present to include of the significance of those in the light of pertinent operator goals, so in determining the present element(s) that had been amassed-

the instinct is to

formulate a policy or law that would resolve of the dilemma, Level 3 SA: Projection of the Future Status or in which it is to forecast future situation events or to project from current events to anticipate future purposes. The formulation of the policy has been in the determination of conniving the elements and comprehending to the situation and the operators goal, and this would launch a projection for future state, such as that the policy will have the reposition of deterring or alleviating children in conflict with the law or the high prevalence of juvenile delinquency. While on the note of the general public, it may come into deliberation that on the first level it may vary on how do they recognize the elements in the environment, but for this study it may be constituted that they duly recognized crime prevalence children’s involvement in its statistics, and upon arriving to the second level according to Flach (1995) as cited in (Endsley & Garland, 2000) “the construct of situation awareness demands that the problem of meaning must be tackled directly. Meaning must be considered both in the sense of subjective intervention (awareness) and objective significance or importance (situation), so they would assume that if the there are crime rates involving children it is either to suggest of deterring this dilemma by amending legislations that would seize them, or to just make amends on the situation without making a big damage on the children’s account through an intervention programs that will make them restore the vigilant state. And lastly, on the third stage it is on how they would project certain assumptions that what had been derived from the first and second stage would anticipate for future purposes like how would the policies created will greatly affect the stakeholders. The Program Theory

The policy assessment or policy evaluation is intended to be speculated by those critics. The program theory as what Rogers and Funnell (2011) had defined it, “is an explicit theory of how an intervention contributes to the intended or observed outcomes,” which it composes of two components: The Theory of Change or the process by which change comes about (for an individual, organization or community), and on the mechanism of how the policy would provide change on the individual child or even families of marginalized section with children who will be in conflict with the law is to be affected by its implementation by any means of its objectives included to its provisions. Theory of Action or on how the interventions are constructed to activate the theory of change, on a pertinent view of how this component is relatively comparable to the implementation of the policy of juvenile justice, is that how would be the legislators of the country would counter the rate of juvenile delinquents or the children who are in conflict with the law- so, their intervention of such public concern may result to the crafting of policies that would instigate the impact on those children in conflict with the law or juveniles committed crimes.

Conceptual Framework This study’s inquisition for the evaluation of the policies concerning to the Juvenile Justice and Welfare System of the Philippines will follow the self-construct framework of the researchers. The flow of the policy evaluation will more likely to reflect the perceptions of the stakeholders only limited to of the policies been implemented and had just been newly introduced. In the start off- the stakeholders profile will be determined and will lead the various perceptions or views regarding with the policies objective, practices and (possible outcomes). The perceptions or views are rived into two the assenting and dissenting views on the policies’ objectives, process and impacts. And after the determination of the collective perception for the two riving views it will not conclude the effectiveness and non-effectiveness of the policies.

CHAPTER II Review of Related Literature This chapter presents the literatures upon which the enrichment of study is anchored. The reviews are categorized based on international literature, regional literature, and local literature. Myriad of laws had been introduced to adhere and deter the prevalence of Policy evaluation of certain policies or laws ameliorate to affect or assess of its pre or post-implementation, a policy as what Gasper (2006) defined, it covers project and program levels as well as those of strategy and framework, and a parallel definition from CDC or Center for Disease Control and Prevention (2011) it is a law or, regulation, procedure, administrative action incentive or voluntary practice of government and other institutions. These policies are generated at the systems level and can influence and improve health and safety population. There are several types of policies that operate at different levels, namely as organizational policies- established within agency or organization; regulatory policies- policies by government agencies with regulatory authority to products or services and legislative policies- laws or ordinances created by elected representative. And the House Bill 8858 was crafted by the selected representatives of 17th Congress of the Philippines on the commission of strengthening and expanding the Republic Act 9344 as amended by Republic Act 10630 that these legislation or policy tries to counter the problem of the country on criminal cases involving children. In the child protection information sheet of UNICEF (2006), more than 1 million children worldwide are imprisoned by law enforcement administrators. In U.S, there are 974,900 numbers of cases of juvenile delinquency as of 2014 according to the national report series fact sheet of Juvenile Justice Statistics. (Garry, 2018) Whereas in India, the juvenile crime rate increased 47% in the last five years from 2010 to 2014 as the data gathered by the National Crime Records Bureau. (Times of India, 2016) The distinction of juvenile delinquency, children in conflict with the law and child at risk is that, the term juvenile delinquency is used to describe minors that do illegal actions. (“Factors

Contributing to Juvenile Delinquency,” 2018) and the term “children in conflict with the law” according to UNICEF is person below 18 years old that linked with the justice system that results of being suspected or accused of committing an offense. In addition, in the Republic Act 9344“Juvenile Justice and Welfare Act” refers to a child who is alleged as; accused of, or have violated the Philippine laws. However, also in the Republic Act 9344 defined child at risk as a child who is defenseless or vulnerable and at the risk of doing criminal acts because of personal, family, social circumstances. There are factors that trigger the children to do erroneous acts. This study hopes to bring importance for the public to understand the nature of this matter. In the study of Kamarudin (2016) entitled “Social Factors That Contribute Juvenile Delinquency at Melaka” considers the family, socioeconomic class and education experiences as the three factors that contribute to Juvenile Delinquency. It was found that the educational experience is the most significant aspect that affects the public perception on juvenile delinquency. Dr. Bocar, et.al (2012) mentioned that there are four causes that made children to do erroneous acts. These causes play the important role in the growth and development of the child. The four causes are the school, environment, family and other department or agencies of the Government. Hence, if these causes failed to do their duty, it will make an impact for children to do criminal acts. The study of Chowdhury, Khan, & Uddin (2012) entitled“Causes and Consequences of Juvenile Delinquency in Bangladesh: A Sociological Analysis” harmonize with the statement above in which states that the lack of proper family control, conflict in family, situation of residential area, impact of movies etc. are correspondingly responsible for the juvenile delinquency. A number of juveniles are incompetent to maintain their basic needs and to get proper recreation from their family. As a result, the juveniles are involved in various criminal activities just to fulfill their needs. According to articles 37 and 40 of the Convention on the Rights of the Child (1989), children in conflict with the law have the right to treatment that promotes their sense of dignity and worth, takes into account their age and aims at their restoration into society. Additionally, placing children in conflict with the law in a closed facility should be measure of last resort, to

be avoided whenever is possible. The convention disallows the imposition of death penalty and sentences of life imprisonment for offences committed by a person under age of 18. There are three juvenile models proposed in implementing a policy that could be used as a guide in making a policy. These models are the welfare model, justice model and, restorative model. In the study of Dunkel (2010), welfare method is instead of giving punishment it educates the child and there is no criminal responsibility. Moreover, Welfare Model focuses on the needs of the child, diagnosis, and treatment. Belgium is one example of a country with a strong welfare process, which the criminal responsibility is 18 years old. In France, they built a strong welfare reputation through education and rehabilitation at the center of youth justice reforms in the 1940’s. In 1989, New Zealand established a Family Group Conference as a significant part of youth justice, with a focus on building or restoration of relationships and reduction of incarceration that considers as a part of welfare approach. (Church, Greer, & Young, 2017) While in Justice Model, punishment should be proportional to the offense and also education do not justify disproportionate sanctions. Education is given priority, but there is a possibility for the punishment but it is the last option. (Dunkel, 2010) There are countries that this model is preferable than other models. Other countries favor the justice model which emphasizes accountability, punishment and procedural formality. In contrast to the welfare model,Church, Greer, & Young (2017) mentioned that UK and USA are traditionally associated with a justice model with low criminal responsibility. In England and Wales, the age of criminal responsibility is 10 years which a child or a young person can be charged and prosecuted criminal offense and they will be detained in the custody of the govrnment. (Youth Justice, n.d) The third model is the Restorative Model and according to the book of “Juvenile Crime, Juvenile Justice” (2001), as cited in the study of (Bazemore and Umbreit, 1995) the restorative model focuses on balancing the needs of victims, offenders, and communities. It is more in solving the crimes that were offended by the offenders and for the betterment of the country. Moreover, mediation, family group conferences and other “communitarian” approaches which strengthen the bonds to members of the local community. “It is not seen as a legal problem of the

criminal acts, but as a conflict that can be resolved by the parties and their social environment.” (Dunkel, 2010) According to Sharma (n.d) as cited in the study of Ness (2005)In South Africa, Community Peace Committees were formed to assume responsibility for crime prevention and provide solutions in localities where there was little confidence in the justice system. In Japan, when the offender is on probation, the probation officers may arrange meetings with the victim for the offender to apologize and make restitution. (Norapoompipat, 2000) In the Philippines, more than 3.3 million out of 3.8 million children and youth are not studying or out of school according to Philippine Statistics Authority’s 2016 Annual Poverty Indicators Survey. Some of these children become subjected to conflicts with the law. In the middle of 2012 and 2015, the Philippine National Police recorded approximately 40,000 cases of juvenile delinquency. (Philippine Daily Inquirer, 2018) Through draft resolution which recommended to the Economic and Social Council of United Nations Organization (UNO) which is adaption of “Basic Principles on the Use of Restorative Justice Programs in Criminal Matters” and the said document is a formulation of UN Standard in the field of mediation and restorative justice. Given that the Philippines is a signatory member-country, it is expected to ensure adoption of this resolution. (Govph, n.d) The concept of “restorative justice” has been introduced by R.A. No. 9344 as amended by R.A. 10630- It adopts resolving conflicts with the maximum involvement of the victim, the offender and the community. It primarily aims to attain compensation for the victim, reconciliation of the offender, the offended and the community, and development of public safety. It also ensures that the child’s rights will not be violated when he or she admits to the offence. (Sanchez, n.d) There are policies, presidential decree, and law regarding to the juvenile justice system in the Philippines which will be mentioned in this study. These are the: 

The Republic Act 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile Justice and Welfare System as a system that deals with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including

programs and services for prevention, diversion, rehabilitation, re-integration and aftercare or support to ensure their normal growth and development. 1 

Presidential Decree No. 603 or the “Child and Youth Welfare Code”inarticle 2 of this provision talks about theapplication of person below 21 years old except of those emancipated in accordance with law. “Child” or “minor” or “youth” as used in this system, shall refer to such persons. R.A. No. 9344 similarly raises the age of criminal responsibility from nine years of age under Presidential Decree 603 to a minimum of 15 years old. CICLs aged 15 and above are also excused from criminal liability unless the prosecution shows that they acted with discernment — the capacity to distinguish right from wrong. These child offenders are also afforded all the rights of a CICL until he/she is recognized to be eighteen (18) years old or older under the “presumption of minority” rule. In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned are mandated to exert all efforts at determining the age of the CICL. 2 Additionally, in Article 201 of Presidential Decree No.603 Civil Liability of Youthful Offenders states that “The civil liability for acts committed by youthful offenders shall devolve upon the offender’s father and, in case of his death or incapacity, upon the mother, or in case of her death or incapacity, upon the guardian. Civil liability may also be voluntary assumed by a relative or family friend of the youthful offender.”



Republic Act No. 10630 or the “Act Strengthening the Juvenile Justice System” provided for the establishment of an Intensive Juvenile Intervention and Support Center for children (IJISC) under the minimum age of criminal responsibility in “Bahay Pagasa”. The “Bahay Pag-asa” is a 24-hour child-care institution funded and administered by local government units (LGU) and licensed and/or accredited non-government organizations. Children in conflict with the law who are 15 to 18 years old shall be accommodated in

1

2

Sanchez. (n.d). Overview of Philippine Juvenile Justice & Welfare. (pp 1. Para 1). Retrieved from https:// www.unafei.or.jp Sanchez. (n.d). Overview of Philippine Juvenile Justice & Welfare. (pp2. Para 2). Retrieved from https:// www.unafei.or.jp

these temporary shelters while awaiting trial and the judgement to be decided by the courts. (Sanchez, n.d) As stated by UNICEF, almost 28 children get detained on a daily basis or more than one child per hour. However, what is really alarming about this condition is the fact that minors are often imprisoned in the same cell as adult offenders. The question arises if the Juvenile Justice Law is really effective in the Philippines.1 In November 2016, the juvenile justice law became a hot topic for debate when the Philippine Congress deliberate to have a proposition of a bill that would lower the age of criminal responsibility from 15 years old to 9 years old. Parallel to the newly proposed juvenile justice bill in the Philippines, other countries have lowered the age of criminal responsibility of twelve. Some nations are obviously violating the international law by letting minors encounter vicious sentences such as physical punishment, not allowed to bail, and even death. 2 Juvenile Justice in the Philippines has been a raising concern for local and international rights groups. Nevertheless, what is really disturbing is the kind of situation or the living conditions of the children are encountering. Fr. Cullen (2017) stated that imprisoned children in Bahay Pagasa in Metro Manila are suffering from starvation and neglect. Cullen revealed that the local governments are accountable for dealing child in jail- on the other hand children are treated like adult criminals. One of the reasons why majority of the children continue doing erroneous act as based on the RA 9344, children with ages 15 years and below are not permitted to be jailed. Instead, they turned over to the Department of Social Welfare and Development (DSWD) for counseling and rehabilitation. Sadly, most of the children will run away in the children’s home and return to their old ways of doing illegal acts such as theft. Children take advantage of law since they are protected under RA 9344. 1 In the efficiency and effectiveness of the justice system with the children in conflict with the law, Yang et.al (2015) indicated that there is substantial evidence was shown that most programs 1.Belonio, M. (2017). Philippine Juvenile Justice: A Life Behind Bars. (pp 1. para 2) Retrieved from http://philippineone.com/philippines-juvenile-justice-a-lifebehind-bars 2. Belonio, M. (2017). Philippine Juvenile Justice: A Life Behind Bars. (pp 1. para 4) Retrieved from http://philippineone.com/philippines-juvenile-justice-a-lifebehind-bars

provide an enabling environment for the rehabilitation and reintegration of CICL or children in conflict with the law. Most CICL are able to continue their formal education schooling through the programs in which they participate. Some CICL are able to attend vocational training programs. As almost all the facilities visited provide same services for CICL under sentence suspension, rehabilitation, intervention, and diversion. But more than a few factors are recognized as negatively affecting the rehabilitation and reintegration of CICL. They include: (1) “the delayed court proceedings”, which caused the prolonged stay of CICL in the custody or other facilities before they are formally admitted into the rehabilitation, intervention, or diversion programs. (2) “the lack of implementation of required customized interventions for CICL”, which has limited the effectiveness of the system, (3) “the insufficient capacity of juvenile justice actors”, e.g. social workers, police, prosecutors, and judges, and (4) “the weak commitment from the LGU”, which knowingly affected the implementation of programs for CICL at the local level. 2 The DSWD only has a limited authority on the programs operated by LGUs and NGOs, it doesn’t give direct monetary sustenance in the programs. On the other hand, the regional offices of the DSWD plays a significant role in organizing the capacity-building activities once new guidelines is presented that concerns CICL. However, both the DSWD’s regional offices and the training recipients, example personnel from the LGU- and NGO-run programs, noticed insufficiency in the both the frequency and the depth of these trainings. Other ways for the DSWD to use its influence can be found in the different councils, for instance the Regional Juvenile Justice and Welfare Committees (RJJWC) that are instructed to ensure the effective implementation of the laws and coordination among their member organizations. Even though UNICEF does not maintain a direct relationship with the programs under evaluation, the agency 2

Yang, S., Veloso, D., & Diaz, B. et.al (2015). Evaluation of the Intervention & Rehabilitation Program in Residential Facilities & Diversion Programs for Children in Conflict with the Law. Manila, Philippines. (pp 3. Para. 4)

provides technical support and capacity-building for the DSWD, and even material equipment, in some cases. UNICEF also participate meetings of different networks and provides technical advice. This type of technical assistance is much valued by the stakeholders, because it brings more effectiveness.1 In Catbalogan City, according to the study of Irene et.al (n.d) that there are substantial cases of CICL documented in the headquarters of City Social Welfare and Development (CSWD). These children are placed in this custody under rehabilitation and some of the children regularly report to the office. The CSWD believe that the law is good seeing that it promotes moral recovery and restorative justice. However, they had a less control or jurisdiction of those who are passively participating in the intervention program as they confessed. As stated in Title III Chapter 1 Section 12 of the R.A. 9344 or the Juvenile Justice and Welfare Act of 2006, the Sangguniang Kabataan (SK) in each barangay is instructed to coordinate with the LCPC in the formulation and implementation of juvenile intervention so they are to provide programs for the youth. But mostly the center of the programs that SK made is more on the beautification of the barangay and sports. It does not cater the needs of the CICL. In the case of CICL reported to the chair, other barangays implement disciplinary measures such as community service- includes sweeping the streets and clean the barangay hall. But the PNP and CSWD do not have a program that prevents CICL. The usual procedure in PNP is once the case was reported and filed at their office, they will turn it over to the CSWD where necessary actions or filing of case to the court will be held. The CSWD implements programs for CICL, and also monitors the barangay unit where there is a frequent incidence of CICL. 2 And on the context of the proposed implementation of this bill, there is certain amassing of public’s pulses. Gathering their pulse is to evaluate certain policy. An evaluation, as what Gasper (2006) defined, it covers the normative assessment of public policy activities, and the Policy of Operations Evaluation Department of the Dutch Ministry of Foreign Affairs (2009) statement, it is the assessment of systematic and objectives as possible of an on-going or completed project 1

Yang, S., Veloso, D., & Diaz, B. et.al (2015). Evaluation of the Intervention & Rehabilitation Program in Residential Facilities & Diversion Programs for Children in Conflict with the Law. Manila, Philippines. (pp 3. Para. 4) 2

Irene, E., Labid, C., Pacayra, A. (n.d). Status of Children in Conflict with the Law in Catbalogan City, Philippines. Catbalogan City, Philippines: Samar State University. (pp. 91 para 1)

program or policy, its design and implementation. It had outlay certain notable criteria for evaluation of development interventions, namely as: efficiency, effectiveness, impact, relevance, sustainability and consistency. While CDC had suggested is that the policies should be in three main types of evaluation on the policy process: evaluating policy content- articulate the goals and objectives of the policy and the underlying reason why the policy is produced or intended to change, evaluating policy implementation- the critical component in understanding its effectiveness on the implementation and policy impact- the intended short-term and intermediate outcomes. The circumstance of the consistent laws or policies on Juvenile Justice and Welfare System on the policy evaluation criteria is that the objectives presented by the lawmakers has to be taken care of, the components basically tatter to give a hint on possible implementation and the intended outcomes of producing or intended changing of the policy or law.

Deriving from the previous information, it is very evident that the policies posit effectiveness in the context of making an action towards the deterrence of the prevalence of crime involving children but duly reflects a negative imposition on the setting that it makes the preclusion that a child might be in lieu of being a criminal. However,

NOT EFFECTIVE

EFFECTIVE

PERCEPTIONS on the Juvenile Justice and Welfare System of the Philippines on consistent policies (R. A. 9344 (IRR) as amended by R. A. 10630, Presidential decrees 603 & 1179, House Bill 8858 and etc.)

AFFIRMATIVE

NECESSITY

NEGATIVE

AFFIRMATIVE

NEGATIVE

BENEFICIALITY

Stakeholders  Age  Gender  Grade level

AFFIRMATIVE

NEGATIVE

FEASIBILITY