Breaking Rules: Children In Conflict With The Law And The .
BREAKING RULES:Children in Conflict with the Lawand the Juvenile Justice ProcessTHE EXPERIENCE IN THE PHILIPPINES
Save the Children UK is a member of the International Save the Children Alliance, the world’sleading independent children’s rights organisation, with members in 27 countries and operationalprogrammes in more than 100 countries.Save the Children works with children and their communities to provide practical assistance and,by influencing policy and public opinion, bring about positive change for children.BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice ProcessThe Experience in the PhilippinesPublished by:Save the Children UK3/F FSS Building 189 Scout Castor Street, Quezon City, PhilippinesCopyright 2004Save the Children – UKPhilippines ProgrammeISBN: 971-92959-0-2This publication is copyright but may be reproduced by any method without fee or priorpermission for teaching purposes, but not for resale. For copying in any other circumstances,prior written permission must be obtained from the publisher, and a fee may be payable.Technical editing by: Wilma T. BañagaBook Design and Layout by: Dok PaviaPhotography by: Michael Amendolia/Network PhotographersPrinted by: Art Angel PrintshopCover Photo: Courtesy of Adhikain Para sa Karapatang Pambata – Ateneo Human Rights Center
ContentsList of AcronymsviiGlossaryviiiList of Tables and FiguresixAcknowledgementsxForewordxiExecutive Summary1xivIntroduction1Objectives of the ResearchMethodologySignificance of the StudyOrganisation and HighlightsRelated Studies2Summary of Relevant InternationalInstruments and Philippine Legislation17International LawsPhilippine LegislationThe Proposed Legislation on a Comprehensive National Juvenile Justice SystemBarangay LegislationLocal Ordinancesiii
3Profile of Children in Conflict with the Law21Poverty BackgroundGeneral Characteristics of Children in Conflict with the LawTrends in Offending4Children in Conflict with the Law atDifferent Stages within the Justice System27OffendingUpon ArrestBefore Arraignment or TrialArraignmentSentencing by the Family CourtDetentionRehabilitationEarly Release and Aftercare Programmes5Diversion at Different StagesExperiences of Diversion in CebuExperiences of Diversion in Metro ManilaExperiences of Diversion in Davaoiv39
6Children’s Perceptions of their Experiencesin the Criminal Justice System45Reasons for Committing OffencesViolence in the Hands of the AuthoritiesBribery/SettlementFailure to Protect the Privacy of CICLCICL and Legal RepresentationLocation of the ChildSituation in JailsEffect of Jail Experience on CICLCICL’s Attitude Towards Rehabilitation CentresLack of Awareness and Understanding of What was HappeningImproving Treatment and Reducing the Number of CICL in Metro Manila7Summary of Findings and Conclusions53First Offenders Monopolise the Children’s Justice SystemCommunity-Based DiversionDiversion at the Level of the PoliceViolence against CICL and Failures in Due Process by Law EnforcersBailIncreased Budget to Improve Conditions in Custodial CentresLack of Access to Information and Failures in Due ProcessViolation of CICL’s PrivacyOutdated Law Works Against ProportionalityCourt Practice and Non-custodial SentencesConditions in Jails and Rehabilitation CentresPrevention of OffendingChildren’s Participation in CICL IssuesViolations and Denials of Children’s “Best Interest”v
8Gaps and Issues Concerning Duty-Bearersin the Five Pillars of the Justice System65CommunityLaw Enforcement – The Police and the TanodsProsecutionCourtCorrectionThe Roles of the Five Pillars and Policy Makers9Recommendations for Programme Workand Advocacy77Working for the Best Interest of the CICL in the CommunityWorking for the Best Interest of the CICL at the Level of the PoliceWorking for the Best Interest of the CICL at the Level of the CourtWorking for the Best Interest of the CICL during Correction,Rehabilitation and Reintegration into the CommunityChildren’s Participation in CICL IssuesAwareness Raising on Child Rights and Prevention of OffendingBy the Five Pillars and Civil SocietyCo-ordination among the Five Pillars at the National and Local LevelsAnnex: Flowchart of the Juvenile Justice Processvi84
LIST OF ACRONYMS AND RCYRORRTCSCUKSPAGUN CRCUNICEFWCDAdhikain para sa Karapatang Pambata – Ateneo Human Rights CenterBagong Buhay Rehabilitation CenterBarangay Council for the Protection of ChildrenBureau of Children, Youth and WomenBureau of Jail Management and PenologyBarangayCebu City Council for the Welfare and Protection of ChildrenCity Council Social WorkerChildren in Extremely Difficult CircumstancesChildren in Conflict with the LawChildren’s Justice CommitteeChildren’s Justice ProgramCebu NGO NetworkCivil Security UnitCourt Social WorkerCivilian Volunteers OrganisationCouncil for the Welfare of ChildrenChildren and Youth Relations OfficerChildren and Youth Relations SectionDepartment of Interior and Local GovernmentDepartment of Social Welfare and DevelopmentFamily Group ConferenceFocus Group DiscussionImplementing Rules and RegulationsJuvenile Justice GroupJuvenile Welfare UnitLocal Government Code (1992)Local Government UnitNational Police CommissionNational Council for Social DevelopmentNon-Government OrganisationPublic Attorney’s OfficePhilippines Action for Young OffendersPresidential DecreeRepublic ActRegional Center for Drug DependentsRegional Rehabilitation Center for Children and YouthRelease on RecognisanceRegional Trial CourtSave the Children UKSpecial Police Auxiliary GroupUnited Nations Convention on the Rights of the ChildUnited Nations Children’s FundWomen and Children’s Deskvii
GLOSSARYviiiaminplead guilty; admit offencearborcompelling someone to give a personal belonging to him/her (e.g. getting children to take off their clothes in exchangefor old and worn ones)aregloarrange or settlebagansiyavagrancybarangaythe basic political unit of the country and is consideredthe “primary planning and implementing unit of governmentpolicies, plans, programs, projects and activities inthe community” (Local Government Code, Sec. 384)barangay tanodvillage or community police; presently known as the BarangaySecurity and Development Officer (BSDO)barkadapeer group or gangbartolinaa room without windows, often referring to a prison cellfor solitary confinement; any room that is poorly ventilatedor very small.boreumself-mutilationbuntogcolloquial term for prostitute; literally means quail; usedfiguratively, it implies the act of hopping from one partnerto anotherdelihensiyapetty extortionkatarungang pambarangayvillage justicelupon tagapamayapapeace-and-order or peace-keeping committeemayorsenior adult inmatemingawlonelinesstakalbeing beaten with a 2" x 2" piece of wood
LIST OF TABLESTable No.Page12348925Sources of data by research site and data collection methodList of centres involved in the research studies per research siteHistory of domestic abuse, Cebu, 2002Penalty and term of imprisonment for theft by value of property stolen(1932 Revised Penal Code)60LIST OF FIGURESThe research sites5ix
AcknowledgementsSave the Children-UK Philippines Programme wishes to acknowledge the contributions of thefollowing institutions and individuals who made this publication possible.The three research teams who painstakingly collected the wealth of data presented in thisbook: Prof. Felisa U. Etemadi, Ching Li Ye and Cresencio Bermudez, Jr., whoconducted the research in Cebu; Mae Fe Ancheta-Templa, who spearheaded the research in Davao; and the Adhikain Para Sa Karapatang Pambata – Ateneo Human Rights Center(AKAP-AHRC), who did the study in Metro Manila;John Parry Williams, former Social Protection Adviser of Save the Children-UK office inSoutheast Asia and who has been working on children’s justice issues globally for the past 30years, for putting together the highlights and recommendations of the three studies into thisdistinct piece of work;Our partner organisations—the Tambayan Center for the Care of Abused Children, Inc. and theFree Rehabilitation, Economic, Education and Legal Assistance Volunteers Association, Inc.(FREELAVA), for sharing their experiences and insights with the research teams and forparticipating in the validation activities and the research presentation;Representatives from the five pillars of justice—law enforcement, prosecution, the courts,correction and the community—in the three research areas, for actively participating in theresearch activities, reflecting on their own practice and sharing their own insights, experiencesand recommendations;Save the Children-Sweden and the European Commission, for funding the research and theprinting of this book;and most especially,the children, whose life stories, thoughts and dreams are mirrored in every page of this bookand inspire the continuing work to promote and advocate for the rights of children who comeinto conflict with the law.x
ForewordBREAKING RULES presents the summaryand consolidated findings of three researchstudies commissioned by Save the Children-UK in three key cities in thePhilippines—Metro Manila in Luzon,Cebu City in the Visayas and Davao Cityin Mindanao. These studies aim to examine the trends in the statistics and the natureof problems and issues confronting childrenin conflict with the law (CICL) as they gothrough the formal justice system.These studies intend to inform the currentwork of Save the Children-UK and its partners on Children‘s Justice, which aims tointroduce changes in the administration ofjustice for CICL at the local level using theprinciples of children’s rights and restorativejustice. The project emphasises the diversion of CICL at the barangay (community)and police levels, knowing very well thatchildren experience abuses as they gothrough the criminal justice system. Thisis done through the piloting of a diversionand prevention of offending programme forCICL in Cebu City at the barangay level,and through capacity-building and awareness-raising activities of the five pillars ofthe justice system, namely, law enforcement, the court, the prosecution, the penalsystem and the community.At the community level, our partner nongovernment organisations (NGOs) andgovernment entities among the pillars ofjustice are developing support systems forchildren that will facilitate the reintegration of former CICL and prevention ofoffending or re-offending. This comes inthe form of peer support groups—formerCICL trained to become peer facilitatorswho can reach out to other children at riskof offending in the communities. Adultvolunteers from the different communitiesprovide the children with another level ofsupport—monitoring of the progress offormer CICL who have been reintegratedinto their families and communities, andawareness-raising activities among parentsand other significant adults on child rightsand children’s justice issues. Children’s justice committees composed of barangayofficials, members of the lupong tagapamayapa (village justice committee),community volunteers and other stakeholders conduct mediation sessions anddiversion.While the methods and approaches needfurther refinement, gains from such a process are already evident. Most notable arethe high incidence of children being diverted from the formal justice system andthe behaviour change among them. It canxi
also be noted that duty bearers and stakeholders are participating and are involvedin the process of mediation, diversion andprevention of offending/re-offending.and not as children and youth who presentclear needs and concerns. We need to correct this perspective and approach the issuewith a clear rights perspective.Although several studies have been doneon children’s justice, most of these had verylittle quantitative data. Statistics usuallyfocused on children who are in prisons,while other studies used secondary data.Some studies attempted to present the national situation, but fall short of providingan analysis of the different local contexts.Moreover, the perspectives of the childrenwere seldom highlighted. While the direction of the recommendations arising fromthe studies seems clear in terms of nationalpolicies, concrete recommendations thatcan be carried out at the local context werenot clearly articulated. Given these, we decided to embark on the three studiesprecisely to inform the work that our partners are doing at the local level, whereimpact on the lives of the children is moreevident.With this piece of work on Children’s Justice, we hope to reflect on prevailingthinking and paradigms, value systems andpractises in addressing issues of children inconflict with the law. May this work remind us that:Addressing issues of children in conflictwith the law requires a holistic and integrated approach. More and more, CICL areviewed with suspicion and as a threat, anddelinquent children and youth are seen primarily as offenders who should be punishedxii CICL have rights just like otherchildren CICL have needs, issues and concernsthat must be addressed in a holisticand integrated way. CICL are not just passive objects ofdisdain, concern or sympathy. Theyare members of society who canactively take part in their own development, and shape their ownenvironment only if they are providedvenues to do so. We must look at issues of CICL inthe broader context of family, community and society. Addressing issuesof CICL means looking at underlying factors and causes that broughtabout this situation, and adoptingcomplementary strategies at the community, local and national levels.
Programmes, policies and systems forintervention should be grounded onthe concepts and principles of prevention, protection and upholding thechildren’s best interests as embodiedin the United Nations Convention onthe Rights of the Child (UN CRC).As we pursue our work on Children’s Justice, it is important to challenge oldthinking and traditions, and explore newand creative solutions to reframe existingpolicies, programmes and practices; andrestructure systems and organisations. Indoing so, we will be able to move toward amore responsive, relevant and rights-basedapproach in addressing issues of childrenin conflict with the law.Rowena D. CorderoCorderderoProgramme Directorxiii
Executive SummaryThis report presents the consolidated findings of three researches commissioned bythe Save the Children-UK (SC-UK) Philippines Programme that looked into theprofile of children in conflict with the law(CICL), and their situation and experiencesin the justice administration process in thethree main urban centres in the Philippines—Metro Manila, Cebu City andDavao City.This consolidation research summarises themajor findings and recommendations of thethree studies. It also articulates its own conclusions and recommendations based onthe findings of the three studies. The studyalso discusses the concept of “restorativejustice” and the more specific process called“diversion” as an alternative approach tohandling cases of CICL.Restorative justice is a system of justicewherein the offender and the victim arebrought together to undergo a process ofmediation in the community with the goalof restoring balance and harmony in thecommunity and with the offender makingsome form of reparation and/or apology tothe victim to repair the harm done. Diversion, which refers to the various processesby which CICL are prevented from entering the formal criminal justice system, isone example of how restorative justice isxivapplied. With the abuses experienced byCICL as soon as they are caught committing an offence and brought to theauthorities, with the violation of their rightsas they enter and go through the justiceprocess, and with the poor condition incustodial facilities, restorative justice becomes imperative.Based on the three researches, the consolidated study found that poverty is a majorfactor that puts children at risk of offending—pushing children and young peopleoutside their homes into the streets amongtheir peer group. The children also tend tooffend in the process of going about theirlivelihood activities such as peddling andbegging, which are actually violations oflaws or ordinances in many localities. Theconsolidated study also reports that thereare more boys than girls among the CICL.The average age was pegged at 14.4, withthe proportion of older children in custodyincreasing with age. The majority of theCICL covered by the studies reached onlyGrade 6.Family violence—and not the influence ofgangs as is commonly viewed—was identified as a major factor for children becomingat risk of offending. Three types of common offences were identified: offencesagainst property, usually involving
known as the Barangay Security and Development Officer, or BSDO).ILLUSTRATION BY PINX (2003)One of the major findings about the profile of CICL was that almost all of the CICLinvolved in the studies were first-time offenders. The majority in various custodialcentres (particularly in Cebu) were foundto be there for the first time and the majority of them were also first-time offenders.cellphone snatching and shoplifting; substance abuse; and violation of localordinances like curfew and vagrancy. Offences were found to be most commonlycommitted in shopping malls and in verycongested areas, and on the streets. A significant number of first-time offendersamong CICL who are arrested are taken tocourt and taken into custody. The arresting officer was usually the police, followedby the barangay tanod (village police; or alsoThe researches also revealed the variousways by which the rights of CICL are violated and/or ignored in the process of justiceadministration. The following were highlighted:– Abuses from law enforcers–verbal,physical and psychological–werecommon occurrence and the rightsof children were often denied or violated, such as their right to bail,privacy and information; there is pressure for children to plea for guilt andrepresentation by public lawyers tendto be superficial and last-minute.– Conditions in both police cells andjails were very poor, with basic facilities and supplies essentially lacking.– Penalties set by outdated laws tendto be quite stiff in proportion to thexv
offences usually committed by children.– Practices and procedures in most offamily courts remain hostile or prejudicial to CICL.– International minimum standardswere often not upheld.– Non-custodial sentences were seldomused and suspended sentences areusually spent in detention in rehabilitation centres.On a positive note, the study cites somesuccessful experiences in diversion, particularly highlighting the work of the FreeRehabilitation, Economic, Education andLegal Assistance Volunteers Association,(FREELAVA), Inc., a non-governmentorganisation (NGO) that has been successfully diverting CICL in twelve barangaysin Cebu City. It also mentions the case ofshopping mall owners signing a memorandum of agreement with the CommunityScouts Rehabilitation and Youth GuidanceCenter to turn over to the barangay children caught shoplifting within theirpremises. (The Community Scouts is a rehabilitation facility established by the CebuCity Metropolitan Dstrict Police as a venuefor processing cases involving CICL.)However, while these successful experiencesare worth noting, the practice of diversionxviand mechanisms for this remain in mostpart non-functional or non-existent.Finally, the report proposes several actionpoints that the different pillars of justice(law enforcement, the courts, prosecution,correction and the community) can taketo prevent the entry of CICL into the criminal justice system, improve the situationand protect the rights of CICL who are already in the justice system, and improvetheir own practices:1. For all pillars of justice to adopt diversion in the community particularlyfor all first
Children in Conflict with the Law . THE EXPERIENCE IN THE PHILIPPINES. Save the Children UK is a member of the International Save the Children Alliance, the world’s leading independent children’s rights organisation, with members in 27 countries and op
Functional vs Dysfunctional Conflict Functional Conflict- Conflict that supports the goals of the group and improves its performance Dysfunctional Conflict- Conflict that hinders group performance Task Conflict- Conflicts over content and goals of the work Relationship conflict- Conflict based on interpersonal relationships Process Conflict .
for conflict analysis. 2.1 Core analytical elements of conflict analysis . Violent conflict is about politics, power, contestation between actors and the . about conflict, see the GSDRC Topic Guide on Conflict . 13. Table 1: Guiding questions for conflict analysis . at conflict causes in Kenya in 2000. Actors fight over issues [, and .
2.3.1 Functional Conflict 2.3.2 Dysfunctional Conflict 2.3.3 Task versus Relationship Conflict 2.4 CAUSES OF CONFLICT 2.5 INTERPERSONAL COMMUNICATION AND INTERPERSONAL CONFLICT 2.6 WORKPLACE DIVERSITY AND CONFLICT 2.6.1 Different Categories of Workplace Diversity 2.6.2 Cultural Diversity 2.6.3 Measuring Diversity
Understand the importance of conflict resolution in teams and the workplace. Explain strategies for resolving or managing interpersonal conflict. Describe the causes and effects of conflict. Describe different conflict management styles, identify the appropriate style for different situations, and identify a preferred method of conflict resolution.
Rules database is the basis of the rules engine and it is a collection of rules files which are established by rules engine. Rules database is maintained by rules management and it is used by rules engine. (5) Rules Matching The first step is modelling with rules files in rules database. Then, it will match rules with users'
Classification Rules -MDR, Annex VIII MDR MDD Rules 1 -4: Non-invasive devices Rules 5 -8 : Invasive devices Rules 9 -13 : Active Devices Rules 14 -22 : Special rules Rules 1 -4 : Non-invasive devices Rules 5 -8 : Invasive devices Rules 9 -12 : Active devices Rules 13 -18 : Special rules
Tradition vs. Modernity 21 V. Escalation and Access to Conflict Resources 22 The Clan System as a Conflict Multiplier (and Positive Social Capital) 22 The Precarious Situation of Youth 23 Information and Misinformation 24 VI. Available Conflict Management Resources 25 Traditional Conflict Management Mechanisms and Social Capital 25 State Conflict Management Mechanisms 27 The Role of Religion .
Abrasive water jet machining Ultrasonic machining. Difference between grinding and milling The abrasive grains in the wheel are much smaller and more numerous than the teeth on a milling cutter. Cutting speeds in grinding are much higher than in milling. The abrasive grits in a grinding wheel are randomly oriented . A grinding wheel is self-sharpening. Particles on becoming dull either .
