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Chapter 1

THE PROBLEM AND ITS SCOPE

Introduction

The United Nation and countries around the world formulated different laws and

programs to address the problem of juvenile delinquency. They also established means to

rehabilitate the juvenile delinquents and reintegrate them to society. These are done because

the youth are considered as the weakest members of the society (Herrera, 1999), the hope of

the future (Pardo, 1999, Rizal), and vital in nation building (1987 Philippine Consitution).

Unfortunatly, a report from the Council for the Welfare of Children (CWC) shows that more

than 52,000 children from 1995 to 2000 were reported to be in conflict with the law.

In particular, the United Nation established in 1985 the “Standard Minimum Rules

for the administration of Juvenile Justice” or the The Beijing Rules (United Nations,

1985). This was followed in 1989 by the Convention on the Rights of the Child (CRC)

(United Nations, 1989). In 1990, the United Nation established the “Guidelines for the

Prevention of Juvenile Delinquency” or The Riyadh Guidelines (United Nations, 1990). In

1995, it organized the “World Programme of Action for Youth” or WPAY (United

Nations, 1995). Not contended with the previous programs, the United Nations formed in

1997 the “Administration of Juvenile Justice” (United Nations Economic and Social

Council, 1997) which is annexed to the resolution on the “Guidelines for Action on

Children in the Criminal Justice System”.

Countries around the world established their laws and programs that pertains to

juvenile delinqueny. American Canada passed into law in 1908, the “Juvenile Deinquents

Act” and “Juvenile Justice Act” of the USA. European countries have their own juvenile

delinquency acts, like; the ”Juvenile Justice Act” of Germany in 1990, “The Children Act”

in Scotland in 1995, and “ Criminal Justice Act of 1994” of England and Wales. Latin

Amercian countries established their laws as well, like Brazil’s “Juvenile Justice”. In the

middle east, Brunei Darrusalam constructed “ The Children and Young Persons Act” for

the purpose of categorizing between adult offenders and juveniles. In Asia, Cambodia

created the “Juvenile Justice Law” which is embeded in Article IV of Cambodian Civil

Code under the law on prisons for the preservation of the welfare of the youth offenders.

The “Act on Child Protection”, “Act on Child Welfare”, “Act on Juvenile Justice System”

were created in Indonesia for the purpose of diversion of legal responsibility for the

juvenile offender on behalf of their well being. Laos passed “Law on the Protection of the

Rights and Interests of Children” and the Law on “Juvenile Criminal Procedure” to

conserve and protect the rigths ans interests of the childrens in conflict to the law. In

Malaysia, “Child Act of 2011” was made to guarantee everyone, including the children,

equality before the law and freedom from arbitrary arrest and detetion. In Myanmar

“Child Law” was passed to took care of the the children and promote equal right among

juvenile offenders. “The Children and Young Persons Act” was created in Singapore to

provide for the care and protection of children and young persons who are below 16 years

of age and provides for the rehabilitation of children and young persons who commit

offences that goes beyond parental control. In Thailand the “Act on Juvenile and Family
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Court Procedure” was made to create a framework for juveniles in conflict with law which

governs the juvenile justice system from the arresting, investigation, detention, bailing,

trial, prosecution and adjudication to the process of paroling, treatment and rehabilitation.

“Law on the Protection, Care, and Education of Children” was passed in Vietnam for the

purpose of preventing the rising incidence and increasing seriousness of juvenile

delinquency.

The Philippines passed into law in 2006 the “Juvenile Justice and Welfare Act” or

otherwise known as Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006.

The Act pave way for the protection and preservation of juvenile offenders from punity

and paved the way for the protection of children against [Link] law is

considered as for the conduct of restorative justice in the country for juvenile delinquents.

According to Alcain (2014), Republic Act 9344 or the Juvenile Justice and Welfare

Act of 2006 is a special law enacted to establish a comprehensive and child sensitive justice

system in the Philippines where children can be held accountable using procedures that avoid

their incarceration and emphasized on prevention and rehabilitation so that there is lesser risk

of re-offending. However, while the said provision is highly beneficial for the preservation

and protection of Filipino children that are in conflict with the law, some institutions view

this provision as a hassle to the justice system.

On 23rd of July 2012 Republic Act No. 10630 was approved by the senate and the

house of representatives. This act aims to strengthen the Juvenile Justice System of the

Philippines amending for the purpose of Republic Act No. 9344, otherwise known as The

Juvenile Justice and Welfare Act of 2006.

On the 30th of June 2016 the House Bill No. 002 was received by the House of

Representatives. This bill seeks to amend Republic Act No. 9344 The Juvenile Justice and

Welfare Act of 2006. This bill was proposed by the Davao del Norte 1 st District

representative Pantalion D. Alvarez, and the representative of the 2nd District of Capiz,

Fredenil H. Castro.

The goal of RA 9344 is to eradicate the number of youthful offenders detained at

various detention cell by recognizing the rights of children to care and special protection and

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 with.

Despite the many attempts, ways, and means to solve the problem of juvenile

delinquency, still it continues unabated. The public continues to express tirade of opinions

- feeling, attitudes, and belief about juvenile delinquency and the Juveile Justice and

Welfare Act of 2006 or its propsed amenments . Some people continues to doubt its

effectiveness, beneficiality, applicability and relevance. Some people as well are hopeful

and optimistic that the country would be free from juvenile delinqents.

This study is inspired by these varying opinions. Hence, it will explore the opinions

of the public, the religious, and the academe about juvenile delinqueny and the juvenile

justice act or R.A 9344 and determine if they differ in their opinions.

As Political Science student, the researchers are interested in the study of the public

perception or political opinions is part of the scientific study of politics. In particular, it will

give the students a scientific evidence of how laws and governmental actions influence

people’s views, feelings, and attitudes.

Conceptual Framework

The study will be anchored on the different opinions and theories about juvenile

delinquency and the Juvenile Justice Act. Specifically, the study will use as framework the

theories of Zehr’s Restorative Justice Theory (1990), Wilson and Kelling’s Broken

Windows Theory (1982) and Bandura’s Social Learning (1977) and Collective Efficacy

Theory (1993).

A) Views on Juvenile Delinquency

According to Herrera (1999) the child is the weakest member of the [Link]

who are subjects of litigation, as in child-custody or adoption cases, sometimes as

complaining-witnesses, such as child-abuse cases, or, regrettably, as the accused in juvenile

offenses appear weak to defend and protect themselves, thus, they need utmost protection.

Pardo (1999) considered the children as the hope of the future, source of inspiration,

and provide joy. However, there are those who take children for granted because they are

only children. Thus, all laws, regulations, and policies affecting the youth/children always

have as a common objective, the interest and welfare of the youth. Children, even the unborn,

have rights, too. They have basic rights regarding health care, education, and legal and social

services to ensure their well-being and development.

Bartollas, C. and Schmalleger, F. (2013) characterize juvenile delinquents as rational

and intelligent beings who exercised free will. They commit crimes because they envisioned

greater opportunities from crime and other forms of illegal acquisition of means than

performing the act of conforming to socially-accepted norms. Because of that, they are
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subjected to immediate punishment so that theses offenders would be discouraged to commit

future crimes.

Similarly, Mohua N. (2013) in his study on Juvenile in Conflict with Law and

Rehabilitation discovered that majority of the girl and boy juveniles were between sixteen

and eighteen years. The predominant offense charge was related to “theft”, followed by

“assault”. This has implications on “rehabilitation”. The juveniles in conflict with law were

largely from low income working families. Majority of the juveniles were staying with their

families in Mumbai. Single earning members, having a family size of between five and seven

members, holding skilled or semi skilled jobs, school drop out of juvenile were some of the

highlights.

B) Bandura’s Social Learning (1977) and Collective Efficacy Theory (1993)

Alfred Bandura (1993) defines collective efficacy as the ability of members of a

community to control the behavior of individuals and groups in the community. Bandura

(1993) asserted that the regulation of people’s behavior creates a safe and assuring

environment. The imposition of rules in a community allows the law enforcers and others to

control and regulate the behavior and conduct of its citizens, creating some sort of

intervention for future criminals. Crimes, grievances, misconducts and other unfavorable acts

will be lessened through the use of the said theory. Collective efficacy depends on the norms,

values and morals that are used by a community. If the residents of a community are willing

to partake and cooperate for its betterment, it is more likely that they would be successful in

creating a liveable and safe environment that is free of crimes and injustice.
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According to Social Learning Theory (Bandura, 1977), juveniles learn to engage in

crime in the same way they learn to engage in conforming behavior: through association with

or exposure to others. Primary or intimate groups like the family and peer group have an

especially large impact on what we learn. In fact, association with delinquent friends is the

best predictor of delinquency other than prior delinquency. However, one does not have to be

in direct contact with others to learn from them; for example, one may learn to engage in

violence from observation of others in the media.

C) Zehr’s Restorative Justice Theory (1990)

Zehr’s (1990) defines restorative justice as an approach to justice that personalizes the

crime by having the victims and the offenders mediate a restitution agreement to the

satisfaction of each, as well as involving the community. Victims take an active role in the

process, as well as the offenders. It would somehow give a sense of satisfaction to the

victims, knowing that the offender recognizes his accountability for his actions and conducts.

It also gives chance to the offender to redeem himself in the eyes of the victim, the

community and the law. This theory is centered on the preservation, reintegration and

restoration of offenders, in the process of being re-introduced to the society.

D) Wilson and Kelling’s Broken Windows Theory (1983)

Wilson and Kelling (1983) describe broken windows as norm-setting and signaling

effect of urban disorder and vandalism on additional crime and anti-social behavior. Wilson

& Kelling asserted that the norms and mores that are imposed in a society plays a vital role in

the suppression of crimes and other unlawful acts. The theory also states that the acts of

maintaining and monitoring urban environments could help in preventing small crimes, such
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as vandalism, indecency, loitering, as well as heinous offenses such as murder, rape, torture

and others.

Schematic Presentation

INDEPENDENT VARIABLES DEPENDENT VARIABLES

Opinion of the public, the

Juvenile delinquency and Juvenile Deliquency

Juvenile Justice Act in terms and the Juvenile

of: Justice Act

1. Feelings
2. Atttitudes
3. Beliefs

Figure 1. Schema Showing the Relationship between the Independent and

Dependent Variable
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Statement of the Problem

This study will determine the public opinion about Juvenile Delinquency and

Juvenile Justice Act of 2006.

Specifically, it will seek to answer the following questions:

1. What is the opinion of the public about Juvenile Delinquency and Juvenile Justice

Act in terms of:

1.1 Feelings

1.2 Attitudes

1.3 Belief

2. What is the opinion of the public about Juvenile Delinquency and Juvenile Justice

Act in terms of:

2.1 Feelings

2.2 Attitudes

2.3 Belief

3. What is the opinion of the religious about Juvenile Delinquency and Juvenile

Justice Act in terms of:

3.1 Feelings

3.2 Attitudes
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3.3 Belief

4. Is there a significant differences in the opinion of the public and the academe on

Juvenile Delinquency and Juvenile Justice Act in terms of feelings, attitudes, and

belief?

Hypothesis

Ho 1. There is no significance on the difference in the opinion of the respondents on

Juvenile Delinquency and Juvenile Justice Act in terms of feelings, attittudes, and behavior.

Significance of the study

The findings of the study would benefit the following :

Academe. The findings will provide the students of the College of Arts and Sciences

with information on the public opinon regarding Juvenile Delinquency and Juvenile Justice

Act.

The common people. They will benefit from this study by being aware of the

perception of the the public on Juvenile Delinquency and Juvenile Justice Act.

Law makers. Lawmakers will have a baseline data where they can base their

proposal from and be guided by the people’s opinion on juvenile delinquency.

Parents. The parents will be enlightened of how different people view juvenile

delinquency.

Juvenile Deliquents. They will become aware of how the public, the religious, and

the academe views delinquency and hopefully will be awaken by the result of the study

toward reformation.
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Future Study. The study can serve as a framework for related research in the distant

future.

Scope and Delimitations of the Study

This study is primarily concerned with the public’s opinion of Juvenile Delinquency

and Juvenile Justice Act. Only the public, the religios, and the academe in Barangay

Carment and Liceo de Cagayan University accordingly will be ncluded in the study.

The study will be delimited to time and resources considering that the researchers are

students. It will be limited to the variables of the study.

Definition of Terms

To have a better understanding of this study, the following terms are operationally

defined.

Academe. Refers to the students and teachers of Liceo de Cagayan University.

Delinquency- minor crime, especially that committed by young people.

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.

Juvenile Justice. This refers to the area of criminal law that is applicable to persons

that are not within the legal age to be held responsible for criminal acts.
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Public Opinion- refers to he respodents feelings, conceptions, and thoughts or

ideas.

Public- refers to students, parents, and gradaprents from the College of Arts and

Sciences in Liceo de Cagayan University.

Religious. Refers to the priest and nuns of Cagayan de Oro City.

Restorative Justice- the process of repairing the harm caused by criminal behavior.