CHILDREN AT RISK : THE CASE OF CHILDREN AT CONFLICT WITH THE LAW

OF SAN PABLO CITY.1

Floyd C. Manalo2
University of the Philippines – Los Banos
+ 63 (0906) 412. 4870 | [email protected]

1
A Policy Paper submitted to the Faculty of Center for Strategic Planning and Policy Studies.
2
Graduate Student, UP College of Public Affairs and Development.
 I. BACKGROUND

The social media and the internet has been one of the effective ways of communication.

Recent data shows that there were about 48 Million social media users in the Philippines or about

nearly 50% of the population are using social media outlets like Facebook, Twitter and Instagram

(Kemp, 2016). Social media basically is a platform by which people can easily communicate with

their friends, families and even acquaintances. Social media contains vast informations about its

users like interest, hobbies, and expression of oneself which establishes commonalities. These

environment is capable of inducing and encouraging factor for children to join the cyber

community (Mojares et.al., 2015). Such that children tend to be more engage in the cyber

community rather than their friends and family on a personal approach. The lack of physical

connection affects their relationship with the society at large and may also start to develop deviant

behavior. In the Philippines, it was found that an average Filipino spent at least 4 hours of browsing

the social media a day (Kemp, 2016). In Figure 1 below shows that Ages 13-19 are 2nd the most

active social media users like Facebook.

FIGURE 1. NUMBER OF SOCIAL MEDIA USERS PER AGE

50-59 60+
40-49 4% 2%
8% 13-19
26%

30-39
19%

20-29
41%

Source : Kemp, Simon (2016). Digital in 2016. We Are Social Organisation.

 This an indication that children ages 13-19 are at risk for juvenile delinquency and

cybercrime. Such that juvenile delinquency can be attributed with the external factors from the

quality of parenting, school environment, peer group associations, or skill deficits, and the

community's behavior (Greenwood, 2008). The quality of parenting is a humongous factor in the

development of the child. Unstable family ties, divorce, and lack of parenthood etc. are instances

on when the child is longing for paternal care. Children whose parents divorce may increase their

involvement in delinquency, especially if they have a close bond with the parent who has left.

Because these problems are vociferant theatrics among families, there are tendencies that children

will be 'labeled' in the society as those who are affluent and not on what type of family they came

from. (Eggebeen and Lichter, 1991). Such that most cases of juvenile delinquencies came from

low income families, street dwellers and informal settlers. Children at these sectors are more

proactive in finding the means on how to satisfy their cravings for material possession. Since

children nowadays are driven by technological advances available, social media and 'trendy' items.

This kind of behavior that the modern society is manifesting are contributing factors to juvenile

delinquency. Instances like these are leading the children to portray negative outcomes such as

increases in depression, solitary, and neglect of existing close relationships (Bargh and McKenna,

2004).

In a data provided by the City Social Welfare and Development Office of San Pablo City

(CSWDO) it shows that there were 144 CICL cases reported from 2010-2014 or about 29 cases

per year. During the same time frame, it is when social media such as Facebook, Twitter and

Online dating are emerging. The child's easier access to deceitful information are risk to their

delinquency (Siegel and Welsh, 2012). Information which are considered to be sensitive, obscene,

and unreliable which makes difficult for them to discern the right and wrong. As children now
becomes limited to self-regulation and more vulnerable to peer pressure, it poses a risk as they

navigate and explore these social media networks (O'Keeffe and Pearson, 2011). It also pave the

way for the cyber criminals to pose as teens and lure children into harmful real-world contact as

well. Most social networking sites have privacy controls in place, but teens seldom use them

(Adler, 2000). Thus, juvenile delinquency is a societal problem that needs to be mitigated

immediately by strengthening the quality of parenting and regulations on the use of social media.

Such that instances of juvenile delinquency is a reflection of worst potential manpower for the

country's labor market. But the resolution on the matter is still not visible among municipalities

and cities in the Philippines.

 II. RATIONALE OF THE STUDY

Juvenile crimes has been a pressing issue among the societies in the world. Today, children

are committing crimes due to the effect of social media and the internet. In the data provided by

DSWD and BJMP from 2006-2012 it reveals (Table 1) that there were 1495 children being served

by DSWD and it was also the time when Facebook and other social media sites bloomed across

the Philippines. Meanwhile, in the same period the BJMP recorded 122 juvenile related cases. In

Table 1 below it shows the quantity of children being held for juvenile crimes.

Table 1 . Number of Juvenile Delinquents per Region in the Philippines from 2006 -2012.

Furthermore, these numbers represent the crimes committed by juveniles. According to the data

provided by DSWD IV-A, the crime against persons ranked top crime committed by juveniles and

involves ages 14 to 18 years old and above. In Table 2 below, it illustrates that children were even

committing drug related crimes which are punishable under RA 9165.

 Table 2. Number of children served by DSWD IV-A by Age and Crime
Age
Type of Crime Total
14 to below 18 18 and above
Against Persons 7 27 34
Against Property 18 29 47
PD 1866 1 0 1
VAWC 0 3 3
Dangerous Drugs 10 11 22
Against Personal Liability
0 2
and Security 2
Other crimes 0 7 7

As for crimes against persons, these type of crimes involves theft, and physical injury which are

commonly inflicted through their desire in attaining a higher state of life. This desire is severely

provoked by the social media as it is an avenue for individuals to showcase their lifestyle and the

like. This makes LGUs in the Philippines like San Pablo City to raise awareness and act on this

problem. Such figures reveal the need for policy intervention as these children were at risk of being

an adult criminal if there will be no mitigating measures to be implemented.

In the implementation of a policy change in San Pablo City, the following stakeholders will

be affected and will greatly influence the policy implementation. Table 3 below illustrates the role

of each stakeholders in juvenile justice system in the local government unit. It shows that each

stakeholders are important and will certainly affected by the policy intervention to be

implemented.
 Table 3. Key Stakeholders in local juvenile justice system in San Pablo City
Stakeholders Description Role
They are the one who has an initial contact with the Implementer - This type of
children in conflict the law during the commission of stakeholders are the
Baranggay Office/Tanod/ San Pablo the crime. According to RA 9344, they play a vital role implementor of penal laws
City Police Department as they will handle the CICL and then later transfer to and special laws. They
the custody to the City Social Welfare and implement the law by taking
Development Office (CSWDO). into custody the criminals.

Implementer and Benificiary -

CSWDO holds in custody the CICL after the
The CSWDO implements RA
investigation conducted by police officers. They
9344 by formulating juvenile
formulate juvenile delinquency programs which aims
San Pablo City Social Welfare and delinquency programs
to provide mitigating agent to the behavior and
Development Office ( CSWDO) suitable for CICL. Likewise,
perception of the child. They ensure that the
the delivery of services like
procedure of handling a child case be at the maximum
training, vocational education
confidentiality.
and sports activities.

Benificiary - The
The parents/Legal guardian/CICL are the main focus of parents/CICL/legal guardian
the intervention. They serve as an active participant in are the key benificiary of the
CICL/Parent/Legal Guardian the juvenile justice system. Their participation serves policy intervention as they
as a basis in the improvement of the policy are directly affected by the
intervention to be conducted. lack of policy on juvenile
crimes.
The budget office acts as the planning of financial Implementer - This
resources to be used in the policy intervention. Their stakedholder plans the LGUs
City Budget and Planning Office key role is to assure that the targeted intervention is in public funds to ensure that
accordance with the law without compromising public public funds are responsibly
funds. used.
Decision Makers - They are
responsible in allocating
It refers to the decision makers of the policy funds and enacting
San Pablo City Government Office intervention to be implemented. This includes the ordinances (policy
Mayor, Vice-Mayor, and the City Council. interventions) to address the
high number of CICL in San
Pablo City.
Implementer - Courts are part
It refers to the court on the local government unit of the juvenile justice system
City Trial Court which hear the cases of CICL and decides the custody which determines on which
and appropriate program for the CICL. custody does a CICL should be
held into.
Influence Groups - They
Refers to the religious groups in San Pablo City which usually induce the creation of
Socio-Civic Organizations cares about the welfare of the CICL. It also include local a policy intervention to
youth organizations and Sangguniang Kabataan (SK) address the problem of CICL
in San Pablo City.
Implementer - their role is to
ensure that after care
It refers to the community and individuals in San Pablo programs are implemented
Residents of San Pablo City
City of which the CICL has a direct contact. effectively and that of the
CICL reintergration to the
community.
III. POLICY OPTIONS

1.) Option 1 : Provide training and seminar in the usage of social media among

Internet Shop Owners and Parents of San Pablo City

- The option suggest that children and parents will be provided a training on the

usage of social media. This will be conducted among public schools in San

Pablo City and will be facilitated by the CSWDO. Furthermore, the LGU could

coordinate with the Department of Science and Technology (DOST) and

Department of Information, Communication and Technology (DICT) for the

best practices in censoring social media among their homes. With this

alternative, the parents will be knowledgeable in securing privacy security

among their home personal computers. Also, this will help the LGU to regulate

the internet shops in San Pablo City which will provide ample knowledge on

data privacy.

2.) Option 2 : Establishment of a Youth Rehabilitation Facilities (Bahay Pag-asa)

- Bahay Pag-asa is a form of youth rehabilitation center were CICL are being

confined before trial and/or after. It is a 24-hour child-caring institution

established, funded and managed by local government units (LGUs) and

licensed and/or accredited nongovernment organizations (NGOs) providing

short-term residential care for children in conflict with the law who are

above fifteen (15) but below eighteen (18) years of age who are awaiting

court disposition of their cases or transfer to other agencies or jurisdiction

 (Section 2, RA 10630). The alternative suggest that the LGU should

establish a center which will provide services like counseling and

rehabilitation among children in conflict with the law in San Pablo City.

The facility will provide educational and livelihood activities for the

children will be evaluated if the children is subjected for release.

IV. ANALYSIS OF POLICY OPTIONS

To determine the appropriate policy option to address the high number of CICL in San

Pablo City a Key Informant Interview were conducted and a criterion was created for this

purpose. Such criterion will focus on the following : (a) Effectiveness; (b) Cost; (c) Ease of

Implementation; (d) Cost-Benefit; and the (e) Acceptability of the LGU. In Table 4, it shows

that each criteria corresponds to ratings 1 being the lowest and 5 the highest.

Table 4. Criteria Evaluation of Policy Options

Ratings
Criteria
1 2 4 5

0% to 5% 6% to 10% 16% to 20% 21% and above

Effectiveness of
Policy High budget
Options(30%) High budget High budget High budget
allocation on
allocation on city's allocation on city's allocation on city's
city's social
social services to social services to social services to
services to
address increase of address increase of address increase of
address
juvenile crimes. juvenile crimes. juvenile crimes.
increase of
From
From 1,000,000 to From 800,000 to
Cost of 2,000,000 and From 500,000 and
999,999 and above 699,999 and above
Implementation above actual below actual
actual actual
(20%) implementation implementation cost
implementation cost implementation cost
cost
 Adaptability to Can be adapted Can be adapted Can be adapted Can be adapted Can be adapted
Implementation within 24 months within 20 to 17 within 15 to 12 within 10 to 7 within 6 to 3
(20%) or more months months months months

5% return of 20% return of

10% return of
0% return of investment 15% return of investment
investment (Actual
investment (Actual (Actual investment (Actual (Actual
Cost-Benefit (20%) Implementation
Implementation vs. Implementation Implementation vs. Implementation
vs. Funds
Funds Acquired) vs. Funds Funds Acquired) vs. Funds
Acquired)
Acquired) Acquired)

None of the At least 2 of the 6 3 to 4 out of the 6 5 out of the 6

All stakeholders
Acceptability of stakeholders is stakeholders are stakeholders are stakeholders are
are amenable to
LGU (10%) amenable to the amenable to the amenable to the amenable to the
the policy
policy policy policy policy

Using the above criteria, the policy options will be evaluated through interview and survey to be

conducted with the stakeholders identified and provided by the law. The policy options identified

were : (1) provide training and seminar on the usage of social media among Internet shops owners

and parents of San Pablo City; and the (2) Establishment of Youth Rehabilitation Facility (Bahay

Pag-asa). They options are formulated due the key informant interview conducted with San Pablo

City Social Welfare and Development Office, its social workers, the Local Council for the

Protection of Children (LCPC) and the Budget Office of the City Government of San Pablo City.
 V. POLICY RECOMMENDATION

The study recommends that the Policy OPTION 2 should be chosen by the City

government of San Pablo. In choosing such policy option suited to address the problem, the

criteria used were : (1) effectiveness; (2) Cost; (3) Ease of implementation; (4) Cost-benefit;

and (5) Acceptability of the LGU. Findings also reveals that it is more likely to be adopted by

the LGU. In Table 5, it shows the two policy options are being evaluated and compared by the

identified stakeholders and results were :

Table 5. Comparison of Policy Options as per Responses of Stakeholders

Effectiveness of Policy Cost of Adaptability to Acceptability of
Cost-Benefit Total
Policy Options Options Implementation Implementation LGU
Provide training and seminar in
the usage of social media among
4 (.9) 3 (1) 4 (.8) 2 (.4) 3 (.3) 3.2
Internet Shop Owners and
Parents of San Pablo City
Establishment of a Youth
Rehabilitation Facilities (Bahay 5 (1.5) 1 (.2) 3 (1) 4 (.8) 5 (.5) 3.6
Pag-asa)

Based on the result of the interview and analysis the following were the rationale on as to

why Policy Option 2 was chosen by the stakeholders based on each criteria provided to them.

Effectiveness – In terms of effectiveness, creating a Bahay Pag-asa is more sustainable

in the long run. According to UNICEF (2016), there is a positive shift of behavior among CICL

confined in a youth rehabilitation center. This shift allows them to subject for employment and

able to cope up with their community again. It will also enable the CICL to develop certain

skills from the Tech-Voc Education that the center will provide for them.

Cost – Indeed, the cost in operation and establishment of Bahay Pag-asa will cost the

LGU a large amount of money but the promise of effectivity that this option will provide is

worthwhile. The investment of the LGU towards this infrastructure is sustainable in such a
way that programs offered are the ones that only needs to be updated every now and then.

Further, this option could also profoundly cater nutritional assistance program and the creation

of commercial goods made by children.

Ease of Implementation – The City Government of San Pablo could easily adopt the

establishment of this policy option as RA 10630 profoundly expresses that LGUs must provide

a child appropriate facility which will cater them while trial is pending and/or ongoing. The

LGU should pass an ordinance for that purpose in order to adopt the national policy.

Acceptability – The stakeholders would be much more willing to accept the policy as

its obvious effect on the reduction and mitigating element of establishing a Bahay Pagasa. It

could easily be accepted as there is law that specifically provides the establishment of such.

Further, the prudent effectiveness of the option is a way of encouraging the policy makers in

San Pablo City to create it so that it will cater those children in need of rehabilitation.
REFERENCES :

_______. Republic Act 9344. Official Gazette of the Phillippines. Promulgated April 28, 2006.

_______.Republic Act 10630. Official Gazette of the Philippines. Promulgated October 03, 2013.

_______. Negosyong Pinoy : Ang Kooperatiba. Center for Business and Economics Research and
Development Issue 4, De La Salle University-Manila.

_______. (2004). School Feeding Programs : Why they should be scaled Up Now. World Food
Programme.

Adler, Freda et al.(2000). Criminology and the Criminal Justice System 7th edition. McGraw-Hill.

Bargh, John A. and Mckenna, Katelyn Y.A. (2004). The Internet and Social Life. Annual Review
of Psychology. Yale University.

Baxter, Pamela. (n.d.). Education in Emergencies : Is school feeding a distraction?. UNESCO

International Bureau of Education .

Eggebeen, David and Lichter, Daniel. (1991). Race, Family Structure, and Changing Poverty
among American Children . American Sociological Review.

Greenwood, Peter. (2008). Prevention and Intervention Programs for Juvenile Offenders. The
Future of Children Journal Volume 18, No.2. Princeton University.

Kemp, Simon (2016). Digital In 2016 : A Global Review. We are Social Organization.

Mckernan, Signe-Mary and Chen, Henry. (2005). Small Business and Micro-enterprise as an Opportunity

and Assest Building Strategy. The Urban Institute Issue no. 3.

Mojares, Rowena E. et.al. (2015). Impact of Social Networking to Juvenile Delinquency. International
Journal of Management Sciences Volume 5, No. 8.
O'Keeffe, Gwenn Schurgin and Pearson, Kathleen Clarke. (2011). Clinical Report−The Impact
of Social Media on Children, Adolescents, and Family. American Academy of
Pediatrics. pg. 800.
Pollitt, E. (1990). Malnutrition and Infection in the Classroom. Paris: United National
Educational, Scientific and Cultural Organization.
 unesdoc.unesco.org/images/0008/000863/086302EB.pdf (accessed on December
09, 2016).
Siegel, Larry J. and Welsh, Brandon C. (2012). Juvenile Delinquency : Theory Practice and Law
11th ed . Wadsworth- Cengage Learning.

Tabunda, Anna Maria L. et.al. (2016). Results of an Impact Evaluation Study on DepED’s
School-Based Feeding Program. Philippine Institute for Development Studies.

Taras, H. (2005). Nutrition and Student Performance at School. Journal of School Health, 75(6).
199-213. https://people.uwec.edu/ (accessed on December 09, 2016).