9

Chapter 2

REVIEW OF RELATED LITERATURE AND STUDIES

In this chapter, related literature and studies that were gathered and

selected thoroughly from various sources like books, journals, researches, the

internet, undergraduate thesis and other useful materials which have bearing and

relationship to the present study are presented. This chapter also presents the

synthesis of the state of the art, the gap bridged by the study, the theoretical and

conceptual frameworks and their paradigm as well as the definition of terms to

provide better comprehension of the study.

Review of Related Literature

This portion presents an in-depth selection of related literature that

were gathered from different useful materials.

The problem of juvenile delinquency is becoming more complicated

and universal, and crime prevention programmes are either unequipped to deal

with the present realities or do not exist. Many developing countries have done

little or nothing to deal with these problems, and international programmes are

obviously insufficient. Developed countries are engaged in activities aimed at

juvenile crime prevention, but the overall effect of these programmes is rather

weak because the mechanisms in place are often inadequate to address the

existing situation.1 This is an implication that the problem does not lie in these

juvenile delinquents but in the failure of the state governments and proper

government instrumentalities in the strict, effective and efficient implementation

 10

of programs and policies that concern the prevention and suppression of juvenile

crimes.

Juvenile delinquency, also known as "juvenile offending", is defined

as the participation in illegal behaviour by minors.2 In the Philippines, the term

“Child in Conflict with the Law” (CICL) is instead being used to refer to a child

who is alleged as, accused of, or adjudged as, having committed an offense

under its laws. These Children in Conflict with the Law (CICL) who are involved

in delinquency are often exposed to difficult circumstances. Most of them are

products of the environment they are living in. They are surrounded with evident

factors that might put them at risk or force them to commit crimes. As a matter of

fact, these young offenders are usually street children who come from poor

families or were abandoned by their natural parents.

The association of poverty with high delinquency areas and studies

of the socioeconomic background of offenders have led to much speculation

concerning the influence of social stratification patterns on young people. Studies

suggest that both delinquency rates and the type of delinquency vary in different

ecological areas. Delinquency rates even of middle-class and upper-class

persons are higher in high-rate areas than in low-rate areas. No source of data is

adequate for the determination of how much delinquency there is in any country,

much less for comparison of the volume of delinquency today with that of the

past, or from one country to another. It is evident that public concern with the

problem has increased in most countries.3

 11

The Philippines labelled as a developing country or to be more

specific a poor country, made it relatively easy to be a breeding ground for the

increasing growth of juvenile delinquency rate since poverty is evident across the

country. This rampant issue has still persisted through the years.

Amnesty International stated that Filipino children who come into

conflict with the law are often from marginalized groups including street youth,

drug users, and those with interrupted education, who have limited access to the

family and societal structures meant to protect them. These children straddle the

child and adult worlds and, in some ways, get the worst of each. Even before

arrest, children who come into conflict with the law tend to represent the most

disadvantaged and marginalized sectors of society. Many are fleeing difficult

home situations, often exacerbated by abuse and poverty and resulting in an

interrupted education.4

In the late 18th and early 19th century, courts punished and confined

youth in jails and penitentiaries. Since few other options existed, youth of all ages

and genders were often indiscriminately confined with hardened adult criminals

and the mentally ill in large overcrowded and decrepit penal institutions. 5 This

prompted the state authorities of every country to have a different criminal justice

system in dealing with young offenders.

Penal Reform International (PRI) believes that a fair and effective

criminal justice system for children should promote the well-being of the child and

react proportionately to the nature of the offence taking into account the

individual characteristics of the child. It should aim to prevent crime, take

 12

decisions which are in a child’s best interests, treat children fairly and in a

manner which is appropriate to their development, address the root causes of

offending and rehabilitate and reintegrate children so they can play a constructive

role in society in the future. As far as possible, it should deal with children outside

of the formal criminal justice system.6

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.7

The Philippines has a juvenile justice system that is focused on the

importance of rehabilitation and adheres to restorative justice. It has specialized

court for it which is the family court that is designated by the highest court in the

country, the Supreme Court, to handle cases that involve juveniles. There is a

different approach in procedure for initial contact with a child in conflict with the

law. The Philippine National Police Women and Children’s Protection Desk (PNP

WCPD) is tasked to investigate a Child in Conflict with the Law (CICL) for the

proper disposition under laws and procedure.8

The criminal justice system in the Philippines– characterized by very

poor and inadequate facilities, inhumane conditions, inefficient handling and

resolution of cases, among others – has often failed for adult offenders and more

so for children who have come into conflict with the law(CICL). 9 A large problem

arose from the treatment accorded to the juveniles when they were placed in
 13

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.10 In order

to resolve this problem that threatens the youth and the society, lawmakers have

enacted laws and programs.

The enactment in 2006 of the “Juvenile Justice and Welfare Act”

also known as Republic Act 9344 was a progressive step towards a more

restorative and child-oriented juvenile justice system. It is in consonance with the

United Nations Convention on the Right of the Child (UN CRC) when promoting

the child´s reintegration and constructive role in society. It acknowledges the fact

that most of the CICL have no proof of age by presuming minority until otherwise

proven. It also decriminalizes offences, which discriminates only against a child

as curfew violations, truancy and parental disobedience and exempts children

from crimes of vagrancy, prostitution, mendicancy and sniffing rugby. The

implementation of the law relies in many aspects on the local government units.

They are also mandated to formulate a Comprehensive Juvenile Intervention

Program.11

A Comprehensive Juvenile Intervention Program covering at least a

3-year period shall be instituted in LGUs from the barangay to the provincial
 14

level. The LGUs shall set aside an amount necessary to implement their

respective juvenile intervention programs in their annual budget.

The LGUs, in coordination with the Local Councils for the Protection

of Children (LPCP), which serves as the primary agency to coordinate with and

assist the LGU concerned for the adoption of a comprehensive plan on

delinquency prevention, and to oversee its proper implementation, shall call on

all sectors concerned, particularly the child-focused institutions, NGOs, people's

organizations, educational institutions and government agencies involved in

delinquency prevention to participate in the planning process and implementation

of juvenile intervention programs. Such programs shall be implemented

consistent with the national program formulated and designed by the JJWC.

The implementation of the comprehensive juvenile intervention

program shall be reviewed and assessed annually by the LGUs in coordination

with the LCPC. Results of the assessment shall be submitted by the provincial

and city governments to the JJWC not later than March 30 of every year.12

The Juvenile Justice and Welfare Act’s objective of rehabilitation and

reintegration of Children in Conflict with the law is to provide them with

interventions, approaches and strategies that will enable them to improve their

social functioning with the end goal of reintegration to their families and as

productive members of their communities.13

To strengthen more the juvenile justice system in the Philippines,

Republic Act No. 9344 was amended which gave rise to the enactment of
 15

another Act in the Congress. It is Republic Act No. 10630 or “An Act Establishing

a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile

justice and Welfare Council under the Department of Social Welfare and

Development, Appropriating Funds Therefor, and for Other Purposes.” Under

this law, a “Juvenile Justice and Welfare Council” (JJWC) is created and

attached to the Department of Social Welfare and Development and placed

under its administrative supervision. It will ensure the implementation of the said

Act.

In addition to this, there shall be a “Regional Juvenile Justice and

Welfare Committee” (RJJWC) in each region. It will be under the administration

and supervision of the JJWC. It shall be chaired by the director of the regional

office of the DSWD. It shall ensure the effective implementation of this Act at the

regional and LGU levels and the coordination among its member agencies. And

each province and highly-urbanized city (the LGUs) shall be responsible for

building, funding and operating a ‘Bahay Pag-asa’ within their jurisdiction

following the standards that will be set by the DSWD and adopted by the JJWC.
14

Ordinances enacted by local governments concerning juvenile status

offenses such as, but not limited to, curfew violations, truancy, parental

disobedience, anti-smoking and anti-drinking laws, as well as light offenses and

misdemeanors against public order or safety such as, but not limited to,

disorderly conduct, public scandal, harassment, drunkenness, public intoxication,

criminal nuisance, vandalism, gambling, mendicancy, littering, public urination,

 16

and trespassing, shall be for the protection of children. No penalty shall be

imposed on children for said violations, and they shall instead be brought to their

residence or to any barangay official at the barangay hall to be released to the

custody of their parents. Appropriate intervention programs shall be provided for

in such ordinances15

A child in conflict with the law has the right to treatment which

promotes the child’s sense of dignity and worth, takes the child’s age into

account and aims at his or her reintegration into society. Children are entitled to

basic guarantees as well as legal or other assistance for their defence. Judicial

proceedings and institutional placements shall be avoided whenever possible.16

Review of Related Studies

This part of the chapter establishes various related studies that were

collected to show the connection on the present undertaking and that are divided

mainly into two categories; local and foreign.

Foreign Studies

Kavita Samhey’s dissertation, “A Study on Factors Underlying Juvenile

Delinquency and Positive Youth Development Programs” discusses the causes

behind juvenile delinquency, and the measures that are being taken for the

positive development of the children in conflict with law.

In his findings; (1) Criminal activities like murder, theft, rape, and drinking

are mostly committed by the juveniles. It is clear from the above results that the

offenders who committed such offences mostly lie under the age category of 15-
 17

18 years, (2) All the respondents belonged to the poor socio-economic

background with low parental education and income. Though the majority of the

families were not the victims of alcoholism and criminal record, still these children

committed the offences such as murder, rape, theft, drinking, smoking, etc, (3)

The maximum number of offence committed by the juveniles was theft which was

due to easy money complex, peer influence, and pressure to earn their own

income to fulfill their family as well as their own needs, and that (4) most of the

juveniles were forced to work. The study also states that rather going to school

they worked as a daily wage labor. Due to lack of proper socialization and

guidance, these juveniles did not like going to school and most of the time they

preferred spending their time along with their friends. 17

The study conducted by Samhey would be of a big help in the deep

understanding of the present undertaking concerning CICL. This study has dealt

with the factors of the juvenile delinquency while the present study will give

emphasis on the preparedness of a local government unit in handling cases of

CICL.

Local Studies

PSINSP Wamilda’s master thesis,”Strategic Management Capability

of the Legazpi City Police Station” determined the strategic management

capability of Legazpi City Police Station. A conclusion formulated by the

researcher that the City of Legazpi Police Station lacks skillful planning and

management, resourcefulness and creativeness in the implementation of the

PNP program/projects gave significant bearing to the present study. 18

 18

The study posed connection with the present undertaking by its

thorough research on the police force of Legazpi City which can be used by the

researchers in establishing facts and information. The only difference between

the two is that the former study mainly focused on the PNP of the Legazpi City

Police Station while the current study will cover the Local Government of the

Province of Albay together with the other local institutions in handling cases of

CICL such as the PNP, the DSWD and some others.

Arroco et. al’s undergraduate thesis, “The Juvenile Justice and

Welfare Act as Perceived by the Stakeholders in Legazpi City”, in the year 2010,

focused on determining the effectiveness of the implementation of “The Juvenile

Justice and Welfare Act as Perceived By the Stakeholders in Legazpi City”. The

findings of the study were; (1) The respondents from the CSWDO and PNP have

distinct perceptions on the implementation of the Juvenile Justice and Welfare

Act, the former claimed it to be effective while the latter stated it is not effective.

(2) Majority of the parent respondents cited the defects of the law as they

perceived it as, the “child becomes recidivist” and that (3) The most noted

solution as offered by the parent respondents with the affirmation of CSWDO

was the “additional employee that will assist to the child’s problems/needs, while

the respondents from the PNP calls for the amendment of some provisions of the

law that are deemed ineffective in solving crimes involving the youth and also

back-to-back school programs for those delinquents.19

Arroco’s study has a bearing to the present undertaking for it dealt

with the law implementing agencies or institutions that are responsible for the
 19

effective implementation of the said law. However, it differs for it is focused on

the implementation of the said law while the present study will cover the

implementation of the law and the departments or institutions responsible for the

implementation and handling of cases of CICL.

Millena et al’s undergraduate thesis, “Juvenile Delinquency Incidence

in Daraga, Albay”, from year 2010-2014, presented the top three recorded

offenses committed by young offenders in the said municipality and enumerated

the factors influencing the commission of offenses.

Based on their findings, (1) the top three recorded offenses by the

Municipal Social Welfare and Development (MSWD) from 2010-2012 were theft

with seventy nine (79) number of cases, followed by shoplifting with sixty (60)

cases and next is the violation of curfew hours with twelve (12) cases, (2)

Counselling, seminars and workshops garnered the highest degree of

occurrence of the programs implemented and (3) Most of the suggestions offered

by the respondents were information dissemination or basic education, family

interaction or intervention and active participation of LGUs and NGOs in fulfilling

their duties and functions in order to solve or at least lessen the incidence of

juvenile delinquency with each having four (4) respondents to have said so.20

Although having a relation to the present study, it only concentrated

on the incidence of CICL, the most common offenses committed by them and the

ways on how to solve the problem on juvenile delinquency. The current study will

not focus on the CICL itself but on the preparedness of departments and the

LGU responsible for handling cases of CICL.

 20

In Lesaca’s research entitled “Juvenile Delinquency”, she determined

the five reasons why young children become delinquents and that they arose

from personal meaning coming from the individual delinquent himself. These are

1. an escape or flight from a tense or unpleasant situation, 2. unhappiness and

bitterness drowned out by intense excitement and running of risks, 3.

achievement of recognition and states in the group may constitute the most

important meaning, 4. denial of dependence, inferiority, femininity, masculinity

and a “regular guy” philosophy, and 5. the meaning of revenge against their

parents since it is where they experience the inconsiderate treatment which is

inappropriate to their innocent feature. Her study has correlation with the

researcher’s present study for it presented the causes of juvenile delinquency

which is necessary both in giving a background and in achieving the aim of this

present study which is to establish the level of preparedness of the locality of

Albay in cases of CICLs.21

The former study has a bearing on the current study since it tackled

on the factors or reasons of children becoming delinquents. However, the current

study will only focus on the institutions managing cases of CICL and not on the

factors causing Juvenile Delinquency and the CICL itself.

Sobebe’s undergraduate thesis, “Cases on Juvenile Delinquency in

Palawan Provincial Jail and Puerto Princesa City Jail”, examined the delinquent’s

acts among the adolescents. It is primarily concerned on acts that are associated

with the anti-social activities, including the deviant behavior in the society.22
 21

Similar with Lesaca’s research the study conducted by Sobebe which

delve on the acts or behaviors of children which explain the reason why they tend

to become juvenile delinquents, offered the present study with inputs and

background on juvenile delinquency.However, the current study will not deal on

the CICL behaviors but on the preparedness of the provincial government of

Albay together with the departments and institutions in charge with handling

cases of CICL.

Ancheta-Templa et al’s undergraduate thesis,” A Study of the

Situation of Children in Conflict with the Law in Davao”, concentrated on its aims

to generate local quantitative and qualitative data on the situation of CICL of

Davao, bringing together different perspectives including those of the children, to

aid in clarifying and defining advocacies and action plans.

Their major findings were; (1) CICL in the study areas are primarily

male with ages ranging from 11 to 15, except in jails where they tend to be older

(16 to 17 years old). Very few cases involving girl children were recorded, (2)

Majority of the CICL recorded were first-time offenders., (3) There is an observed

rise in the number of cases of children entering the criminal justice system

especially in 2002 and (4) Crimes usually take place during the day, between

12nn and 6pm. In most cases, the police officer apprehends the child. Children

caught in the community are usually brought to the police station. 23

The study has a similarity on the present undertaking for the

researchers also wanted to pinpoint the administration of justice to CICL as what

 22

was found in their study. However, the present study will deal with a different

locale, which is Albay.

Millete et al’s undergraduate action research, “Crime Rates in

Legazpi City, 2010-2011: An Assessment”, they have identified the crimes

committed from year 2010- 2011, its causes and the measures that can be

recommended to lessen the crimes in the said place. In their findings, one of

which revealed that people in Legazpi City are not aware of laws, city

ordinances, and many more and because of that they commit crimes. They have

recommended that there should have an effective enforcement and

implementation of the law and that informing the public of the provisions is a

must for the community to participate in the programs of the Philippine National

Police.24

Although having a connection to the present study, it did not fully

tackle the crimes committed by the youth but instead only gave the causes of

crimes committed by the youth. The present undertaking will focus on the

provincial government of Albay in handling cases of CICL.

Marfil et al’s undergraduate research paper, “Crime Rates committed

by the Child in Conflict with the Law in Market Site, Daraga, Albay”, described the

crimes committed by CICL in the said place of study, the factors that lead youth

to become a Child in Conflict with the Law (CICL) and the programs that can be

implemented to lessen the problem on CICL. In one of their findings, the factors

that lead the youth to juvenile delinquency were parenting style, especially those

youths who are raised by parents who are busy with their works and some who
 23

are engaged in gambling and drinking spree, and others who are just negligent

enough to give their children attention.25

This has a connection with the current study for it focused on CICL of

Market Site, Daraga, Albay. However, it differs for it has a smaller scope and that

the researchers of the present study concentrated on the institutions managing

cases of CICL.

Tripulca et al’s undergraduate action research, “The Status of

Juvenile Delinquency in San Roque, Santo Domingo, Albay: An Assessment”

dealt with the youth offenders of the place of study. Based on their findings,

juvenile delinquency is primarily caused by the influence of peer groups. In

addition, they found out that to lessen juvenile delinquency in San Roque, Santo

Domingo, Albay, programs are being implemented such as the Alternative

Learning System, Sports Fest and curfew.26

With this relation, the researchers of the present undertaking will have

an additional knowledge that is useful in understanding a portion of the scope of

the study. The present undertaking however will not give emphasis on the status

of juvenile delinquency.

Baliza et al’s undergraduate action research, “Strategies in

Preventing Crimes in Sagpon, Daraga, Albay, 2012-2013”, aimed to answer the

following socio-demographic profile of their respondents, the crimes committed in

the location of the study, its causes and the strategies in crime prevention. Their

study found out that the two of the most common crimes committed in Sagpon is
 24

public alarm and scandal and which common causes were poverty, gang

initiation, and criminals under the influence of drugs, jealousy and rivalry. The

study recommended that teenagers must be encouraged to go to school in order

for crimes to be prevented since most of these crimes were committed by

teenagers who are out-of-school youth.27

Even having a connection to the present study for it mentioned the

out-of-school youth offenders, it still differs for it only partially tackled the duty of

the local government of Daraga and the said barangay in addressing crimes. The

former and the present studies differ in the locale and the focus of study.

Bulalacao et al’s undergraduate action research, “Children in Conflict

with the Law in Brgy. 28, Victory Village, Legazpi City” presented the role of the

barangay officials, PNP, DSWD personnel and parents about the problem of the

youth in order to recommend measures to lessen CICL. In their findings, the

most common cause of the problem on CICL is the lack of educational

attainment. It is followed by bad influence. The relation of this past study to the

present undertaking is that it covered the study on PNP, DSWD personnel and

the barangay officials.28

The former study is relevant to the present undertaking for it give

emphasis on the roles of different sectors in charge with suppressing the

incidence of juvenile delinquency. However, the researchers have realized that

the former study was conducted in a smaller scope which is not the aim of the

current study.
 25

Realuyo et al’s undergraduate research work, “Crime Rates in the

City of Ligao in the year 2012” described the crime rates in the said city. They

found out that in terms of educational attainment, most of the respondents only

finished High school level. The study have recommended that the local

government of Ligao must put an action on the matter by strictly implementing

the Alternative Learning System since based from one of their findings, most of

the respondents only finished High School, and by offering other technical

courses and scholarship to the indigent constituents of Ligao City. 29

Their study has a direct bearing to the present undertaking for it will

be useful in attaining its goals. However, it differs because it dealt with the crime

rates with the partial involvement of juveniles and it was conducted in another

locality.

De Guzman et al’s undergraduate action research, “Juvenile

Delinquency in Guinobatan, Albay” dealt on the juvenile delinquency of the said

place in order to recommend measures to lessen the problem. Furthermore, it

concentrated on the prevalent delinquent acts committed by youth offenders in

Guinobatan. The researcher of this research work found out that child abuse

contributes to problem of Juvenile Delinquency. Theft, smoking, drunkenness,

disobedience of curfew are the highly prevalent petty crimes among their youth.

And that religious counselling could help instil good morals in them. Sports

activities are conducted in the place in order to lessen juvenile delinquency. This

shows that the past study has a relation to current study although it only dealt on
 26

the young offenders and never mentioned on the role of the local government of

Guinobatan.30

Most of the previous studies that were conducted by different

researchers gave emphasis on the causes and circumstances among the

involvement of a child in committing crimes. Some of them correlated the socio-

demographic factors and behaviors of the child and the incidence of juvenile

delinquency in a particular locale of the study. The present undertaking will be

specific on the laws concerning CICL and the preparedness of the Provincial

Government of Albay together with its government instrumentalities and agencies

tasked in the proper handling of cases of CICL.

SYNTHESIS OF THE STATE-OF-THE-ART

The society cannot turn a blind eye over the issue of juvenile delinquency.

This has long been prevalent in every country especially those in the developing

countries which major dilemma is poverty. Delinquency is one of the means of

the youth to get rid of the dire situation of indigence they are in. They viewed it as

a way to escape the harsh reality of their parents’ negligence or abandonment.

The literature and studies that were thoroughly selected from different

works of local and foreign authors have added significance and have agreed and

paralleled with the primary objectives of the present study that is to be conducted

by the researchers.

However, with a profound examination of these gathered literature and

studies, the researchers have found out that they were mostly concentrated on
 27

the individual or the child in conflict with the law. In addition, many of them have

tackled on the causes of juvenile delinquency with different locale of the study

and respondents.

In the related studies that were collected, the works of Millena, Lesaca,

Sobebe and Samhey shared similarities in discussing factors and circumstances

of Juvenile Delinquency. The studies of Ancheta-Templa et al and Arroco

focused on the means to deter the delinquency among the youth.

The research works done by Millete and Realuyo showed the crime rates

in their respective locale of study and partially tackled on the crimes committed

by youth offenders. Whilst, PSINSP Wamilda and Bulalacao’s studies were quite

similar in some aspects for they presented the role of the local government

officials and the institution in relation to handling cases of CICL and their

management capability however in a much smaller range of study. Other related

studies, that of Baliza et al, Tripulca et al and De Guzman et al.focused on the

strategies, the status of juvenile delinquency, and the possible measures in

addressing juvenile delinquency.

The researchers believed that only a few of them have partially tackled on

the local government units, institutions and the proper government

instrumentalities initiating the mechanisms on the management of cases of

Children In Conflict with the Law (CICL). They also found out that there was

never a study that fully tackled on the juvenile justice system, agencies tasked in

handling CICL cases and the intervention programs employed in managing

young offenders in the province of Albay. This is a proof that the researchers’
 28

present study did not commit any duplication of the earlier works after presenting

the review of related literature. Furthermore, the present undertaking will only

focused on the Provincial Government of Albay and its preparedness in handling

cases of Children in Conflict with the Law (CICL).

GAP BRIDGED BY THE STUDY

This study focused on the preparedness of a specific local

government unit regarding cases of CICL. It focused on the implementers and

the agencies involved in handling cases of CICL. The studies that have been

discussed in the related studies mostly focused on the actors involved such as

the parents and the CICL themselves, the environment of the CICL, and the

statistical data regarding the factors that causes cases of CICL or Juvenile

Delinquency.

After examining and evaluating the related studies that were

presented, none of them has attempted to conduct a study about the focus of the

present undertaking which is the preparedness of the Provincial Government of

Albay in handling cases of Children in Conflict with the Law (CICL) which

involves the implementers who directly handles such cases. Thus, the gap has

been bridged by the current study.

 29

THEORETICAL FRAMEWORK

This study is anchored on the General Systems Theory which was

originally proposed by Ludwig von Bertalanffy. The General Systems theory

provides a general perspective for viewing an organization. Von Bertalanffy

proposed that a system is characterized by the interactions of its components

and the nonlinearity of those interactions.31 It recognizes the interdependence of

its components and broadens the people’s view on organizational behavior.

However, this theory does not include in its scope the theory of management. It

is only focused on studying organizations itself.

One such principle of the General Systems theory is the Open-

Systems Theory Principle. It states that parts that make up the system is

interrelated wherein interaction happen between the components involved in the

process. This process involves an input, a throughput, and an output. A system's

input is defined as the movement of information or component from the

environment into the system. Output is the movement of information or

component from the system to the environment. Both input and output involve

crossing the boundaries that define the system.32 A feedback mechanism has

also bearing on the Open-Systems Theory principle. This mechanism enables

open-systems to acquire the capacity to adapt, evaluate performance, and

correct errors.33 Systems theory simply provides an internally consistent

framework for classifying and evaluating the world.

As applied in this study, the preparedness of the specific LGU was

determined if it is seen as a system working together through effective exchange

 30

of information and division of labor therefore carrying out their specific tasks

properly.

INPUT

THROUGHPUT

OUTPUT

Figure 1. General Systems Theoretical Paradigm

 31

CONCEPTUAL FRAMEWORK

This study focused on assessing the preparedness of the provincial

government of Albay in cases of children in conflict with law.

The variables involved in this study were the LGUs of Albay, local social

welfare and development offices, the Philippine National Police, the criminal

justice system, and the rehabilitation of CICL. It is in the concept of the

researchers that for it to be considered prepared; these variables should be

working effectively as an individual institution as well as a part of a system.

Communication through these variables is a big factor in the effectiveness of the

system.

This study assessed what laws are governing the cases involving CICL

through the LGU Albay. Since the PNP is the law enforcing agency of the

country, it will be the one responsible for apprehending these juvenile offenders

through the Women and Children Protection Desk (WCPD). The PNP will now

then pass that information to the family courts that try and handle CICL.

Rehabilitation should be the last step in the process that should be able to bring

feedbacks to the community. Figure 2 shows the conceptual paradigm of the

study.
 32

PREPAREDNESS
OF THE
PROVINCIAL
GOVERNMENT OF
ALBAY IN
HANDLING CASES
OF CHILDREN IN
CONFLICT WITH
LAW

STATUS OF THE
PROVINCIAL
GOVERNMENT OF
STRATEGIES
ALBAY IN IN TERMS
EMPLOYED BY THE
OF:
OFFICES IN HANDLING
~LOCAL LEGISLATION;
CASES OF CICL
~BUDGET;
~MANPOWER; AND
~FACILITIES

PREPAREDNESS IN
TERMS OF:
PROBLEMS
~LOCAL ENCOUNTERED BY
LEGISLATION; THE CONCERNED
~BUDGET; OFFICES
~MANPOWER; AND
~FACILITIES

Figure 2. Conceptual Paradigm

 33

DEFINITION OF TERMS

These are the important terms used by the researchers which were

defined operationally for better comprehension of the study.

Budget. It is defined as an estimate of income/government revenue

and expenditure for a set period of time.34 In this study, it was used as the

income allocated for the CICL of the Province of Albay.

Child/Children. It is defined as a young human being below the age of

puberty or below the legal age of majority.35 Under the Philippine laws and in this

thesis, it was used as a person under the age of eighteen (18) years who resides

in the Province of Albay.

Child in Conflict with Law. “Refers to a child who is alleged as,

accused of, or adjudged as, having committed an offense under Philippine laws”

(RA 9344)

Crime. An action or omission which constitutes an offence and is

punishable by law.36 It was used in this study as commission of an offence

punishable by the laws whether by the youth or adult criminals.

Criminal Justice System. The system of law enforcement that is

directly involved in apprehending, prosecuting, defending, sentencing, and

punishing those who are suspected or convicted of criminal offenses.37

 34

Juvenile Delinquency. The habitual committing of criminal acts or

offenses by a young person, especially one below the age at which ordinary

criminal prosecution is possible.38

Local legislation. Defined as a law or set of laws in a particular locale.

In this study, it referred to the laws made by the Local Government Unit of Albay

in relation to cases involving CICL.

Manpower. It is the number of people working or available for work or

service. In this study, it was used as the people involved in the handling of cases

of CICL in the Provincial Government of Albay.

Preparedness. It is simply the state of readiness or of being prepared

for a particular situation. In this study, it refers to the readiness of the Provincial

Government of Albay in handling cases involving CICL determined through local

legislations, budget, manpower, and facilities.

Rehabilitation. To restore (someone) to health or normal life by

training and therapy after imprisonment, addiction, or illness.39 In this study, it

was defined as the restoration to normal life of the youth or the CICL.

Status. It is the relative social, professional, or other standing of

someone or something. In this study, it was used as the standing of the

Provincial Government of Albay in handling cases of CICL in terms of local

legislations, budget, manpower, and facilities.

Strategies. These are methods or plans chosen to bring about a

desired future, such as achievement of a goal or solution to a problem.40 In this

 35

study, it was used as the methods and solutions to the problems encountered by

the government agencies involved in handling cases of CICL in the Provincial

Government of Albay. It also involves the suggestions and/or recommendations

of the implementers in solving the problems encountered by their agencies.

Youth. It is defined as the critical period in a person’s growth and

development from the onset of adolescence towards the peak of mature, self-

reliant and responsible adulthood comprising the considerable sector of the

population from the age of fifteen (15) to thirty (30) years. 41

 36

NOTES

1Juvenile Delinquency World YOUTH Report, 2003, Chapter 7, page 190

(pdf)

2Siegel,
Larry J.; Welsh, Brandon (2011). Juvenile Delinquency: The
Core (4th ed.) Belmont, CA: Wadsworth/cengage Learning, ISBN 0534519326.

3http://www.encyclopedia.com/social-sciences-and-law/law/crime-and-law-

enforcement/juvenile-delinquency

4
"Philippines: A different childhood: the apprehension and detention of
child suspects and offenders | Amnesty International". Amnesty International.
Archived from the original on November 5, 2006.

5 http://www.cjcj.org/education1/juvenile-justice-history.html

6https://www.crin.org/en/library/publications/children-conflict-law-ten-

point-plan-fair-and-effective-criminal-justice

7 http://attylaserna.blogspot.com/2010/05/juvenile-justice-in-
philippines.html

8
Philippine Criminal Justice System with Katarungang Pambarangay,
Chapter 1,p. 8-9

9Breaking rules: CICL and Juvenile Justice Process, the Experience

in the Philippines (Save the Children,UK) p.1, PDF

10 http://attylaserna.blogspot.com/2010/05/juvenile-justice-in-
philippines.html

11https://clrdc.wordpress.com/category/statement-2/juvenile-justice-

and-welfare-act-of-2006-r-a-9344/

12http://www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html,(

SEC18. De
velopment of a Comprehensive Juvenile Intervention Program.)
 37

13http://www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html,(

SEC44.Objective of Rehabilitation and Reintegration.)

14 http://www.gov.ph/2013/10/03/republic-act-no-10630/ (SEC. 49.

Establishment of ‘Bahay Pag-Asa’)

15 http://www.gov.ph/2013/10/03/republic-act-no-10630/(SEC. 57-
A. Violations of Local Ordinances.)

Celia V. Sanidad-Leones, “EFFECTIVE PREVENTIVE

16

MEASURES FOR YOUTH AT RISK IN THE PHILIPPINES” p. 152

17Kavita Sahmey, A Study on Factors Underlying Juvenile Delinquency

and Positive Youth Development Programs, 2013 (Dissertation, Department of
Humanities and Social Sciences National Institute of Technology Rourkela-
769008, Odisha, India)
18 PSINSP Nick Rolan Omania Wamilda,”Strategic Management
Capability of the Legazpi City Police Station”, 2010 (Master’s Thesis, Bicol
Colleges-Graduate School)
19Mark Kevin A. Arroco and Jilmar M. Sulit, “The Juvenile Justice and
Welfare Act as Perceived By the Stakeholders in Legazpi City”, 2010
(Undergraduate Thesis, BUCSSP)

20 Jessa L. Millena and Ana Mae Mirandilla, “Juvenile Delinquency

Incidence in Daraga, Albay”,2014 (Undergraduate Thesis, BUCSSP)
21 Florinda J. Lesaca, “Research Problems in Juvenile Delinquency”,
Filipino Educator, (August 1967) pp. 70-73
22 Silver John S. Sobebe, “Cases on Juvenile Delinquency in Palawan
Provincial Jail and Puerto Princesa City Jail”, 2010 (Undergraduate Thesis,
WPU)
23 Mae Fe Ancheta-Templa et al, ”A Study of the Situation of Children in
Conflict with the Law in Davao”, 2004
24 Glenbert L. Millete et al, “Crime Rates in Legazpi City, 2010-2011: An
Assessment”, 2013 (Undergraduate Action Research, Bicol Colleges-College of
Criminology)
 38

25 Joseph C. Marfil, “Crime Rates Committed by the Child in Conflict with

the Law in Market Site, Daraga, Albay”, 2013 (Undergraduate Action Research,
Bicol Colleges-College of Criminology)

26Carlo B. Tripulca et al, “The Status of Juvenile Delinquency in San

Roque, Santo Domingo, Albay: An Assessment”, 2013 (Undergraduate Action
Research, Bicol Colleges-College of Criminology)
27 Daryl B. Baliza et al, “Strategies in Preventing Crimes in Sagpon,
Daraga, Albay, 2012-2013”, 2013 (Undergraduate Action Research, Bicol
Colleges-College of Criminology)

Bulalacao et al, “Children in Conflict with the Law in Brgy. 28,

28

Victory Village, Legazpi City”, 2014 (Undergraduate Action Research, Bicol

Colleges-College of Criminology)

(Ullian R. Realuyo, “Crime Rates in the City of Ligao in the year

29

2012”, 2013 (Undergraduate Action Research, Bicol Colleges-College of

Criminology)
30 Mark Evan B. De Guzman et al, “Juvenile Delinquency in Guinobatan,
Albay”, 2013 (Undergraduate Action Research, Bicol Colleges-College of
Criminology)
31 http://www.statpac.org/walonick/systems-theory.htm

32 Ibid.

34 https://en.oxforddictionaries.com
35 Ibid.

36 Ibid.

37 Ibid.

38 Ibid.
39 https://en.oxforddictionaries.com
40 www.businessdictionary.com
 39

41 http://nyc.gov.ph/republic-act-8044/