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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 Process
The Experience in the Philippines
Published by:
Copyright 2004
Save the Children – UK
Philippines Programme
ISBN: 971-92959-0-2
This publication is copyright but may be reproduced by any method without fee or prior
permission 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.
Cover Photo: Courtesy of Adhikain Para sa Karapatang Pambata – Ateneo Human Rights Center
Contents
1 Introduction 1
Objectives of the Research
Methodology
Significance of the Study
Organisation and Highlights
Related Studies
iii
3 Profile of Children in Conflict with the Law 21
Poverty Background
General Characteristics of Children in Conflict with the Law
Trends in Offending
iv
6 Children’s Perceptions of their Experiences
in the Criminal Justice System 45
Reasons for Committing Offences
Violence in the Hands of the Authorities
Bribery/Settlement
Failure to Protect the Privacy of CICL
CICL and Legal Representation
Location of the Child
Situation in Jails
Effect of Jail Experience on CICL
CICL’s Attitude Towards Rehabilitation Centres
Lack of Awareness and Understanding of What was Happening
Improving Treatment and Reducing the Number of CICL in Metro Manila
v
8 Gaps and Issues Concerning Duty-Bearers
in the Five Pillars of the Justice System 65
Community
Law Enforcement – The Police and the Tanods
Prosecution
Court
Correction
The Roles of the Five Pillars and Policy Makers
vi
LIST OF ACRONYMS AND ABBREVIATIONS
AKAP-AHRC Adhikain para sa Karapatang Pambata – Ateneo Human Rights Center
BBRC Bagong Buhay Rehabilitation Center
BCPC Barangay Council for the Protection of Children
BCYW Bureau of Children, Youth and Women
BJMP Bureau of Jail Management and Penology
Brgy. Barangay
CCCWPC Cebu City Council for the Welfare and Protection of Children
CCSW City Council Social Worker
CEDC Children in Extremely Difficult Circumstances
CICL Children in Conflict with the Law
CJC Children’s Justice Committee
CJP Children’s Justice Program
CNN Cebu NGO Network
CSU Civil Security Unit
CSW Court Social Worker
CVO Civilian Volunteers Organisation
CWC Council for the Welfare of Children
CYRO Children and Youth Relations Officer
CYRS Children and Youth Relations Section
DILG Department of Interior and Local Government
DSWD Department of Social Welfare and Development
FGC Family Group Conference
FGD Focus Group Discussion
IRR Implementing Rules and Regulations
JJG Juvenile Justice Group
JWU Juvenile Welfare Unit
LGC Local Government Code (1992)
LGU Local Government Unit
NAPOLCOM National Police Commission
NCSD National Council for Social Development
NGO Non-Government Organisation
PAO Public Attorney’s Office
PAYO Philippines Action for Young Offenders
PD Presidential Decree
RA Republic Act
RCDD Regional Center for Drug Dependents
RRCY Regional Rehabilitation Center for Children and Youth
ROR Release on Recognisance
RTC Regional Trial Court
SCUK Save the Children UK
SPAG Special Police Auxiliary Group
UN CRC United Nations Convention on the Rights of the Child
UNICEF United Nations Children’s Fund
WCD Women and Children’s Desk
vii
GLOSSARY
amin plead guilty; admit offence
arbor compelling someone to give a personal belonging to him/
her (e.g. getting children to take off their clothes in exchange
for old and worn ones)
areglo arrange or settle
bagansiya vagrancy
barangay the basic political unit of the country and is considered
the “primary planning and implementing unit of government
policies, plans, programs, projects and activities in
the community” (Local Government Code, Sec. 384)
barangay tanod village or community police; presently known as the Barangay
Security and Development Officer (BSDO)
barkada peer group or gang
bartolina a room without windows, often referring to a prison cell
for solitary confinement; any room that is poorly ventilated
or very small.
boreum self-mutilation
buntog colloquial term for prostitute; literally means quail; used
figuratively, it implies the act of hopping from one partner
to another
delihensiya petty extortion
katarungang pambarangay village justice
lupon tagapamayapa peace-and-order or peace-keeping committee
mayor senior adult inmate
mingaw loneliness
takal being beaten with a 2" x 2" piece of wood
viii
LIST OF TABLES
Table No. Page
1 Sources of data by research site and data collection method 8
2 List of centres involved in the research studies per research site 9
3 History of domestic abuse, Cebu, 2002 25
4 Penalty and term of imprisonment for theft by value of property stolen
(1932 Revised Penal Code) 60
LIST OF FIGURES
The research sites 5
ix
Acknowledgements
Save the Children-UK Philippines Programme wishes to acknowledge the contributions of the
following institutions and individuals who made this publication possible.
The three research teams who painstakingly collected the wealth of data presented in this
book:
• Prof. Felisa U. Etemadi, Ching Li Ye and Cresencio Bermudez, Jr., who
conducted 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 in
Southeast Asia and who has been working on children’s justice issues globally for the past 30
years, for putting together the highlights and recommendations of the three studies into this
distinct piece of work;
Our partner organisations—the Tambayan Center for the Care of Abused Children, Inc. and the
Free Rehabilitation, Economic, Education and Legal Assistance Volunteers Association, Inc.
(FREELAVA), for sharing their experiences and insights with the research teams and for
participating 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 the
research activities, reflecting on their own practice and sharing their own insights, experiences
and recommendations;
Save the Children-Sweden and the European Commission, for funding the research and the
printing of this book;
the children, whose life stories, thoughts and dreams are mirrored in every page of this book
and inspire the continuing work to promote and advocate for the rights of children who come
into conflict with the law.
x
Foreword
BREAKING RULES presents the summary At the community level, our partner non-
and consolidated findings of three research government organisations (NGOs) and
studies commissioned by Save the Chil- government entities among the pillars of
dren-UK in three key cities in the justice are developing support systems for
Philippines—Metro Manila in Luzon, children that will facilitate the reintegra-
Cebu City in the Visayas and Davao City tion of former CICL and prevention of
in Mindanao. These studies aim to exam- offending or re-offending. This comes in
ine the trends in the statistics and the nature the form of peer support groups—former
of problems and issues confronting children CICL trained to become peer facilitators
in conflict with the law (CICL) as they go who can reach out to other children at risk
through the formal justice system. of offending in the communities. Adult
volunteers from the different communities
These studies intend to inform the current provide the children with another level of
work of Save the Children-UK and its part- support—monitoring of the progress of
ners on Children‘s Justice, which aims to former CICL who have been reintegrated
introduce changes in the administration of into their families and communities, and
justice for CICL at the local level using the awareness-raising activities among parents
principles of children’s rights and restorative and other significant adults on child rights
justice. The project emphasises the diver- and children’s justice issues. Children’s jus-
sion of CICL at the barangay (community) tice committees composed of barangay
and police levels, knowing very well that officials, members of the lupong tagapa-
children experience abuses as they go mayapa (village justice committee),
through the criminal justice system. This community volunteers and other stakehold-
is done through the piloting of a diversion ers conduct mediation sessions and
and prevention of offending programme for diversion.
CICL in Cebu City at the barangay level,
and through capacity-building and aware- While the methods and approaches need
ness-raising activities of the five pillars of further refinement, gains from such a pro-
the justice system, namely, law enforce- cess are already evident. Most notable are
ment, the court, the prosecution, the penal the high incidence of children being di-
system and the community. verted from the formal justice system and
the behaviour change among them. It can
xi
also be noted that duty bearers and stake- and not as children and youth who present
holders are participating and are involved clear needs and concerns. We need to cor-
in the process of mediation, diversion and rect this perspective and approach the issue
prevention of offending/re-offending. with a clear rights perspective.
Although several studies have been done With this piece of work on Children’s Jus-
on children’s justice, most of these had very tice, we hope to reflect on prevailing
little quantitative data. Statistics usually thinking and paradigms, value systems and
focused on children who are in prisons, practises in addressing issues of children in
while other studies used secondary data. conflict with the law. May this work re-
Some studies attempted to present the na- mind us that:
tional situation, but fall short of providing
an analysis of the different local contexts. • CICL have rights just like other
Moreover, the perspectives of the children children
were seldom highlighted. While the direc- • CICL have needs, issues and concerns
tion of the recommendations arising from that must be addressed in a holistic
the studies seems clear in terms of national and integrated way.
policies, concrete recommendations that • CICL are not just passive objects of
can be carried out at the local context were disdain, concern or sympathy. They
not clearly articulated. Given these, we de- are members of society who can
cided to embark on the three studies actively take part in their own devel-
precisely to inform the work that our part- opment, and shape their own
ners are doing at the local level, where environment only if they are provided
impact on the lives of the children is more venues to do so.
evident.
• We must look at issues of CICL in
Addressing issues of children in conflict the broader context of family, com-
with the law requires a holistic and inte- munity and society. Addressing issues
grated approach. More and more, CICL are of CICL means looking at underly-
viewed with suspicion and as a threat, and ing factors and causes that brought
delinquent children and youth are seen pri- about this situation, and adopting
marily as offenders who should be punished complementary strategies at the com-
munity, local and national levels.
xii
• Programmes, policies and systems for and creative solutions to reframe existing
intervention should be grounded on policies, programmes and practices; and
the concepts and principles of preven- restructure systems and organisations. In
tion, protection and upholding the doing so, we will be able to move toward a
children’s best interests as embodied more responsive, relevant and rights-based
in the United Nations Convention on approach in addressing issues of children
the Rights of the Child (UN CRC). in conflict with the law.
As we pursue our work on Children’s Jus-
Rowena D. Corder
Corder
deroo
tice, it is important to challenge old
Programme Director
thinking and traditions, and explore new
xiii
Executive Summary
This report presents the consolidated find- applied. With the abuses experienced by
ings of three researches commissioned by CICL as soon as they are caught commit-
the Save the Children-UK (SC-UK) Phil- ting an offence and brought to the
ippines Programme that looked into the authorities, with the violation of their rights
profile of children in conflict with the law as they enter and go through the justice
(CICL), and their situation and experiences process, and with the poor condition in
in the justice administration process in the custodial facilities, restorative justice be-
three main urban centres in the Philip- comes imperative.
pines—Metro Manila, Cebu City and
Davao City. Based on the three researches, the consoli-
dated study found that poverty is a major
This consolidation research summarises the factor that puts children at risk of offend-
major findings and recommendations of the ing—pushing children and young people
three studies. It also articulates its own con- outside their homes into the streets among
clusions and recommendations based on their peer group. The children also tend to
the findings of the three studies. The study offend in the process of going about their
also discusses the concept of “restorative livelihood activities such as peddling and
justice” and the more specific process called begging, which are actually violations of
“diversion” as an alternative approach to laws or ordinances in many localities. The
handling cases of CICL. consolidated study also reports that there
are more boys than girls among the CICL.
Restorative justice is a system of justice The average age was pegged at 14.4, with
wherein the offender and the victim are the proportion of older children in custody
brought together to undergo a process of increasing with age. The majority of the
mediation in the community with the goal CICL covered by the studies reached only
of restoring balance and harmony in the Grade 6.
community and with the offender making
some form of reparation and/or apology to Family violence—and not the influence of
the victim to repair the harm done. Diver- gangs as is commonly viewed—was identi-
sion, which refers to the various processes fied as a major factor for children becoming
by which CICL are prevented from enter- at risk of offending. Three types of com-
ing the formal criminal justice system, is mon offences were identified: offences
one example of how restorative justice is against property, usually involving
xiv
known as the Barangay Security and De-
velopment Officer, or BSDO).
xv
offences usually committed by chil- and mechanisms for this remain in most
dren. part non-functional or non-existent.
– Practices and procedures in most of
Finally, the report proposes several action
family courts remain hostile or preju-
points that the different pillars of justice
dicial to CICL.
(law enforcement, the courts, prosecution,
– International minimum standards correction and the community) can take
were often not upheld. to prevent the entry of CICL into the crimi-
– Non-custodial sentences were seldom nal justice system, improve the situation
used and suspended sentences are and protect the rights of CICL who are al-
usually spent in detention in rehabili- ready in the justice system, and improve
tation centres. their own practices:
On a positive note, the study cites some
successful experiences in diversion, particu- 1. For all pillars of justice to adopt di-
larly highlighting the work of the Free version in the community particularly
Rehabilitation, Economic, Education and for all first-time offenders, unless their
Legal Assistance Volunteers Association, offences are very serious, and in all
(FREELAVA), Inc., a non-government stages of justice administration.
organisation (NGO) that has been success- 2. For local government units (LGUs)
fully diverting CICL in twelve barangays to pass ordinances that will mandate
in Cebu City. It also mentions the case of the setting up of and provision of sup-
shopping mall owners signing a memoran- port to existing structures at the
dum of agreement with the Community community level (e.g. Children’s Jus-
Scouts Rehabilitation and Youth Guidance tice Committee [CJC] of the
Center to turn over to the barangay chil- Barangay Council for the Protection
dren caught shoplifting within their of Children [BCPC], lupong
premises. (The Community Scouts is a re- tagapamayapa [peace-keeping com-
habilitation facility established by the Cebu mittee]) as mechanisms for justice
City Metropolitan Dstrict Police as a venue administration for children at the
for processing cases involving CICL.) community level.
However, while these successful experiences 3. For LGUs to integrate CICL matters,
are worth noting, the practice of diversion especially those concerning diversion,
xvi
into the city children’s welfare codes, tody is limited, children (especially
and to ensure that local ordinances first-time offenders) are released on
do not make offences for children that recognisance (ROR) and non-custo-
are not offences for adults, such as dial sentences are prioritised.
curfew, and that local ordinances 8. For the correctional to upgrade the
emphasise non-penal child-friendly status of jails, rehabilitation centres
sanctions or penalties. and other detention facilities to more
4. For all pillars to conduct training humane conditions, doing away with
among barangay officials, barangay facilities or practices that impede the
tanods, influential local people, and development of and subject children
government social workers and other in detention to abuse (e.g. use of ob-
personnel, and the police in the han- servation rooms to isolate children
dling of children, also incorporating upon arrival, shared cells or com-
child-sensitive practices, and pounds with adult detainees) and
practices that promote diversion in all adopting a semi-open programme for
guidelines, manuals and handbooks. CICL.
5. For the Police to adopt structural 9. Drawing children’s participation in
changes within its organisation that CICL issues through the following.
will ensure more effective and effi- – Informing children in the criminal
cient handling of cases of children, justice system of their rights.
such as creating a special Directorate
– Ensuring that the voices of children
for Women and Children, which
are sought and heard in the commu-
brings together the Investigation and
nity, in court, in institutions and in
Community Relations units.
co-ordination bodies; and that they
6. For the court and the police to en- are able to claim their rights.
sure that the rights of CICL are
– Interested young people, especially
recognised, such as right to bail, pri-
former CICL, after appropriate train-
vacy and expression.
ing and selection, are encouraged to
7. For the courts to speed up trial and assist current CICL in their re-inte-
avoid keeping children in custody, gration into the community, such as
such as by ensuring that pre-trial cus-
xvii
through recreational activities, posi- of the Child (UN CRC), other inter-
tive peer example and counselling. national instruments, the proposed
– Involving street children and street juvenile justice bill and national laws;
gangs in responding to and prevent- 12. For the five pillars and civil society to
ing offending. undertake advocacy involving the
10. For the five pillars at the national and media and the private sector in sup-
local levels to co-ordinate through porting diversion and restorative
joint review and/or formulation of justice, and pushing government
strategies for CICL, with the Coun- units at all levels to participate in
cil for the Welfare of Children improving the quality of children’s
(CWC) taking a stronger lead at the lives by analysing and addressing the
national level; well-coordinated deci- concerns of children (gained from
sions and implementation of good their participation) through a local
practices; joint monitoring of the plan of action.
implementation of diversion, with 13. For NGOs working in the area of care
local government officials taking the and protection to also link up with
lead; and joint advocacy on behalf of NGOs active in children’s justice and
children at all levels. with the five pillars
11. For the five pillars and civil society to
The study also puts forward the following
work towards raising awareness on
recommendation that will help further de-
child rights and preventing offend-
velop models of restorative justice in the
ing by the pillars and civil society
Philippines:
through training/discussions on the
best interest of CICL and prevention • further research that will examine the
of offending and re-offending, and most appropriate models of restor-
also incorporating the relevant parts ative justice, specifically the practice
of the UN Convention on the Rights of indigenous communities that may
constitute restorative justice
xviii
• development of guidelines on the Councils for the Protection of Chil-
principles and good practice of diver- dren (CPCs) have a very important
sion—drawing from the experiences role in instituting diversion.
of FREELAVA—that can be dissemi- • Appointment of members of the
nated to the pillars of justice lupon or the CJC must not be lim-
• replication of successful experiences ited to barangay officials who tend to
of diversion in other areas be replaced as members once they lose
in the local elections.
Several lessons were also derived from these
• A variety of models are needed to
experiences in diversion and mediation, as
enable community diversion to take
follows:
place effectively.
• Local initiatives and/or NGO- • By bringing in the parents, social
barangay partnerships are essential in worker and lawyer at the investiga-
establishing BCPCs. tion stage, the police can pave the way
• Local ordinances, the political will (of for a better understanding between
mayors, barangay captains, and other the offender and his/her parents and
local officials), advocacy in fostering for the consideration of diversion
BCPCs, and Municipal and City measures and ROR.
xix
“The vision of justice isn’t about saving money or
averting prison construction–and it’s certainly not about
being soft on crime. It’s about making things right
instead of lamenting what’s wrong, cultivating strength
rather than perpetuating failure.”
1 INTRODUCTION
The criminal justice system in the Philip- sponsibility of the State, which in the case
pines – characterised by very poor and of the Philippines, has ratified the United
inadequate facilities, inhumane conditions, Nations Convention on the Rights of the
inefficient handling and resolution of cases, Child (UN CRC) in 1990 and has en-
among others – has often failed for adult shrined the promotion and protection of
offenders and more so for children who children’s rights in its 1987 Constitution.
have come into conflict with the law
(CICL). These children, who are likely to Wherever possible, children’s difficulties
have experienced abuse and neglect in their should be resolved in their respective com-
own homes and in their immediate envi- munities, with the resolution depending on
ronments, are now forced into harsh and the seriousness of the offence or whether it
dehumanising situations within the adult is a further offence. This may range from a
criminal justice system that expose them warning given by the police to mediation
to further abuse and tarnish any hope for with a written agreement. This is the es-
them to be reintegrated into their families sence of what is called diversion. Diversion
and communities and become responsible is the generic term given to describe the
and productive citizens. various processes that may be used to en-
sure that CICL are prevented from entering
This is most evident in the fact that many the formal justice system.
children caught for various offences are
being held in detention. The appalling con- Restorative justice, as opposed to retribu-
ditions in most detention centres have tive justice (or justice attained by punishing
compelled the Supreme Court of the Phil- or sanctioning the offender, which is the
ippines to issue a directive to judges on the spirit of the existing justice system in the
“Special Treatment of Minor Detainees and Philippines), is increasingly seen as an ef-
Jail Decongestion.” Issues regarding human fective way by which diversion can be done.
rights become apparent in the way the cur- Restorative justice involves bringing to-
rent process of justice administration for gether the offender and the victim in
children is carried out. There is no excuse mediation in a community setting, using
for violations of children’s rights because respected community members as media-
the protection of children is the direct re- tors. These elements were common to most
1
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
traditional community justice systems and removed from their home with all its nega-
had, as they do today, the goal of restoring tive consequences until such time the victim
balance and harmony in the community and the CICL arrive at an agreement.
by the offender making some form of repa-
ration and/or apology to the victim to repair Diversion at the level of law enforcement,
the harm done. The offender experiences on the other hand, encourages the police
justice in a very real way by facing his/her to maximise their discretion to use diver-
victim, confronting the offence and hope- sion upon their initial contact with
fully working out a solution that is children. Moreover, in restorative justice,
acceptable and mutually beneficial to all the role of the community is given due rec-
parties concerned. Although most common ognition in resolving cases involving
at the community level, restorative justice children through its own mediation so that
can take place while a child is in pre-trial reconciliation between offenders and vic-
detention or even after finding guilt and tims can take place.
being sentenced by a court. Its use in con-
The use of diversion had been found to
temporary times, however, requires that the
have a positive impact on the rates of of-
offender admits to the offence, that certain
fending among children in a number of
justice safeguards are met and that the
countries. In the case of New Zealand, al-
child’s rights are not infringed.
though the number of apprehensions has
Restorative justice in its strictest sense as risen among those under 17 years of age,
described above may not always be appro- the proportion of children among the num-
priate or possible, as when the case is very ber of apprehended offenders remained
minor and only requires a police warning, relatively stable at 21% to 23%. The posi-
in cases like drug taking where there is no tive impact of the approach was also
victim (except the offender), or where the indicated by the findings of a study on the
victim is unwilling to attend. However, di- effects of the conduct of family group con-
version can still take place through the ferences (FGCs) on offenders six years after
police and in a variety of conditions. the conduct of the FGCs. It revealed that
Through a diversion process, and uphold- of the 108 offenders sampled, half felt that
ing the principles of restorative justice in things had gone well for them because of
the community, a child in conflict with the the FGC while one-fourth felt that it had
law stays under the care of his/her parents gone very well; only 10% felt it had gone
or guardian in their community and is not badly. By the end of the six years, more than
2
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
two-fifths were not reconvicted or were It is for this reason that in 2001, the Save
convicted only once, while only one-fourth the Children-UK (SC-UK) Philippines
were classified as being persistently recon- Programme embarked on researches that
victed. The study also found that the looked into the profile of CICL, and their
strategies geared at facilitating their social situation and experiences in the justice ad-
inclusion were those that most helped of- ministration process in the three main
fenders to feel good about themselves and population centres in the country—Metro
become reintegrated into the community Manila, Cebu and Davao, representing
(Maxwell and Morris 1999). Luzon, Visayas and Mindanao–the three main
island groupings (see figure on page 5).
The positive experiences in restorative jus-
tice in these countries, as well as the These studies show how much the country
numerous instances were children’s rights is in need of an organised system of diver-
are violated as they go through the justice sion, including a community-based
process in the Philippines, underscore the restorative justice model of mediation. The
need to adopt restorative justice principles conclusions and recommendations of this
in the existing justice system in the Philip- consolidated research study focus mainly
pines or in the formulation of a juvenile on the need to ensure that all first offend-
justice system in order to ensure that the ers, many second offenders and even some
rights of CICL are fulfilled and protected. third-time offenders (unless charged with
Any recommendations, however, need to murder, rape or an act of extreme violence)
be based on in-depth research that would should be diverted from the court process
take into account the data available and the through a graduated range of community-
views of stakeholders, including CICL, to based options–from warning to mediation
unearth the details in the profile of these (with its varied options for agreement),
children and the process they go through depending on the seriousness of the offence.
and setting these against the expected mini- This is essential if society and the members
mum international standards. of the five pillars of the justice system1 are
1 The “five pillars of the criminal justice system” refers to the agencies, institutions and groups involved
in the entire justice process. These are the law enforcers (the police), the courts, the prosecutors
(including the public attorneys), correction (jails and rehabilitation centres) and the community (including
elected village officials, informal leaders, adults and parents). In the children’s justice perspective, each
pillar is viewed as a “duty-bearer” who is duty-bound to protect the human rights of children and
promote their “best interest” (defined in Footnote No. 2 in the next page).
3
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
serious about the “best interest of the as set out in the UN CRC and other rel-
child.”2 It should be emphasised that fac- evant international instruments. It is from
ing an angry victim and their family in this standpoint that the conclusions and
mediation is often more difficult for an of- recommendations are made.
fender than simply serving his/her
detention without facing the person he/she OBJECTIVES OF THE RESEARCH
had hurt. The three studies had the same objectives,
namely:
The consolidation of the three research
studies aims to make the findings and rec- 1. To generate and analyse quantitative
ommendations of the three studies more and qualitative data on the situation
accessible. These researches are some of the of children in conflict with the law;
most comprehensive studies on CICL, both
geographically in that no such study has 2. To describe the processes in adminis-
been done before in Cebu and Davao, and tering children’s justice at the
in terms of quantitative data and the community, police and prosecutor
breadth of process investigated. level and to identify gaps and prob-
lems;3
While some of the conclusions and recom-
3. To establish the various stages CICL
mendations in this consolidation were not
are in within the justice system;
specifically mentioned in the three reports,
these were based on data generated by the 4. To understand better the impact of
studies. In particular, the data highlight the criminal justice system by seek-
certain approaches that need to be adopted ing the views of children who have
if the “best interest of the child” in relation been directly affected by it;
to the administration of justice is to be met
2 According to the UN CRC, the “best interest of the child” must always be the primary consideration in
all actions undertaken by any public or private institution/agency or individual concerning the child. It
defines “best interest” as the “protection and care as is necessary for [a child’s] well-being, taking into
account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible
for him or her, and, to this end, shall take all appropriate legislative and administrative measures”
(Article 3.2).
3 The Metro Manila study added “court and correction” to Objective No. 2, which was also what was
actually done by the other two research teams.
4
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
5
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
4 The municipality of Braulio Dujali was included in the Davao study to present the experiences of
reintegration of children charged with theft by guards of a plantation company located in the area.
6
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
7
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
It is important to point out that certain cit- ogy (BJMP) of the Department of Interior
ies within each study dominated the cases and Local Government (DILG), while the
of CICL that were studied. This is expected, Regional Rehabilitation Center for the
as these cities are more populated. Thus, in Youth (RRCY) and the Regional Rehabili-
the Metro Manila study, 80% of the CICL tation Center for Drug Dependents
cases examined came from Manila and (RCDD) are managed by the Department
Quezon City. In the Cebu study, 77% of of Social Welfare and Development
the police intake cases came from Cebu (DSWD).
City. Davao City also accounted for the
great majority of cases in the Davao study. DATA COLLECTION METHODS USED
All the studies used documentary research
Each study interviewed children, met with
(including comparisons with similar pre-
stakeholders and obtained information
vious related research), review of files and
from the centres where CICL are deprived
documents, individual interviews, focus
of their liberty – whether officially called
group discussions (FGDs) and general vali-
jails, detention centres or rehabilitation
dation sessions. The Davao study also used
centres (see Table 2). The jails are run by
creative approaches to draw out the per-
the Bureau of Jail Management and Penol-
8
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
Table 2. List of centres involved in the research studies per research site
9
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
10
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
11
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
12
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
13
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
prohibited drugs, sexual behaviours and spondents. Among the violations they ac-
commission of illegal acts. The data also knowledged were sniffing rugby, vagrancy,
showed that 52% had been previously ar- petty theft and going against the 10 p.m.
rested by the police, 70% in connection curfew imposed by the city.
with bagansiya (vagrancy5) or police raids.
Second to peers (48%), law enforcers (38%)
The study also revealed that upon arrest, were usually tagged as the perpetrators of
30% of the children were punished by takal abuse in the streets, owing to their rough
(being beaten with a 2” x 2” piece of wood); treatment of and violence especially towards
26% were asked to clean the precinct; 5% male juveniles. In terms of meeting daily
were asked to give a massage to the police; needs, a third of the respondents mentioned
and 2% were asked to give money to the petty crimes (such as picking pockets), pros-
police. titution and delihensiya (petty extortion) as
a source. The high prevalence of substance
A participatory action research conducted abuse was also noted (69%) and that it is
by the Tambayan Center for the Care of often used as a coping mechanism by chil-
Abused Children, Inc. (2000) with street dren against hunger and boredom
adolescents (113 children – 79 girls and 34 (Tambayan 2000).
boys/young men) underscored the vulner-
ability of street adolescents to police arrest. Ortiz (2000) conducted a study on the dis-
The majority (82%) of the adolescent cernment of out-of school children in
respondents claimed to stay in the streets Metro Manila and found that the 300
day and night. In the evenings, the adoles- respondents’ level of discernment is very
cents would go to community discos and low. He used Kohlberg’s six stages of moral
other outings, or engage in drug use, petty development as a framework.
theft and prostitution. The main risk asso-
ciated with staying in the streets was that According to the study, “Adherence to the
of being arrested by abusive law enforcers, existing laws, regulations and policies are
which was the response of 44% of the re- not the values or norms followed by the
5 Vagrancy is a minor offence committed in violation of a law that prohibits moving about or wandering
idly without lawful or visible means of support, without a permanent home, and relying on begging.
14
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
15
“Rights?
Maybe we do not have that because we are still young…”
– Child detained at the Tagum City Jail in Davao del Norte Province
MICHAEL AMENDOLIA/NETWORK (2003)
2 SUMMARY OF RELEVANT INTERNATIONAL
INSTRUMENTS AND PHILIPPINE LEGISLATION
6 For other national legislation relevant to the barangay, please see the subsection on local ordinances.
17
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
adult offenders) but both these laws are abandoned child; and (3) a physically or
supplementary on those areas not cov- emotionally neglected child. If the CICL
ered by the Rule on Juveniles in Conflict is found to be one of these children, the
with the Law (such as the procedure for DSWD or any licensed child-placement
preliminary investigation and bail). or child-care agency may file a petition
for the commitment of the child.
• Supreme Court Administrative Circu-
lar No. 14-93. This instructs that all • R.A. 7610 (1991), or Special Protec-
disputes should be subject to barangay tion of Children against Child Abuse,
conciliation before filing a case in court Exploitation and Discrimination
unless the maximum penalty is over one
year or the maximum fine is Php 5,000 • Rule on Examination of a Child Wit-
(around US$89 in July 20047). ness, issued by the Supreme Court and
effective beginning December 2000.
• Rule on the Commitment of Children.
This ruling took effect in April 2002 (Ad- BARANGAY LEGISLATION
ministrative Memorandum [AM] No. Barangay8 legislation is very important in
02-1-19-SC). It is the procedure applied undertaking diversion from the formal jus-
in court when a child is legally entrusted tice system. It is based on two major
to the care of the Department of Social legislations, PD 603 and the Katarungang
Welfare and Development (DSWD) or Pambarangay (Barangay Justice System).
any duly licensed child-placement or
child-care agency or individual (parent/ PD 603 (1974) mandates the establish-
guardian or any interested party). This ment of the barangay council for the
Rule applies to: (1) a dependent child, protection of children (BCPC), which is a
without parent/ guardian, or whose par- multi-sectoral body tasked with formulat-
ents/guardian for good reason wish to be ing policies and programs to promote and
relieved of care and custody and so is de- protect children’s rights at the barangay
pendent upon public support; (2) an level.
8 The barangay is the basic political unit of the country and is considered the “primary planning and
implementing unit of government policies, plans, programs, projects and activities in the community”
(Local Government Code, Sec. 384).
18
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
The Katarungang Pambarangay was set arrested while seeking food, plastic articles
in place with the promulgation of PD 1508 and bottles from the rubbish, a graphic ex-
in 1978. It was strengthened by provisions ample of “survival offending.” The ultimate
in the Local Government Code of 1991 and punishment of custody is sometimes im-
emphasised by the Supreme Court in its posed, ranging from one day to one year.
Administrative Circular No. 14-93 issued Although graduated fines are often the most
in July 1993. Under the Katarungang likely sentences, failure to pay could still
Pambarangay, conciliation can be per- lead ultimately to custody. The Metro Ma-
formed by a Lupong Tagapamayapa nila report prsents examples of these local
(peace-and-order committee) for all dis- ordinances in the cities studied.
putes where the parties involved are from
the same barangay. The law prescribes a In Davao, the Davao City Children’s Wel-
maximum penalty of one-year imprison- fare Code became an ordinance in 1994
ment or a fine of Php 5,000 (US$ 89) with the UN CRC as its framework. De-
and recourse to the barangay, with certain spite this, it did not address issues
exceptions, as a precondition before filing concerning CICL. It has a curfew provi-
a case in court or any government office. sion for children less than 15 but stipulates
that law enforcers should escort these chil-
LOCAL ORDINANCES dren home. It also emphasises parents’
responsibility to keep their children at home
The Local Government Code gives the city,
which, if ignored by their children, could
the municipality and the barangay the
result in the parents being punished by
power to enact laws at their respective lev-
doing community service. Unfortunately,
els of governance. Local authorities have
the law enforcers still follow the city laws
produced both penal and non-penal ordi-
on curfew circa 1957, which regarded cur-
nances. In the three study areas, there are
few breakers as law offenders. As a result,
local penal ordinances that apply only to
children are locked up in congested police
children such as violation of curfew, sub-
stations overnight. This is strictly against
stance abuse, anti-peddling, smoking and
the new Code and is an example of how
use of tobacco, loitering and playing video
these local ordinances are interpreted in a
games. In Cebu City, the major ordinance
way that suits the convenience of the en-
violated is City Ordinance (CO) 1361,
forcers and ignores the rights of the child.
which rules against littering. With the en-
forcement of this ordinance, children are
19
“I have always been a hard-headed child. Do you
know why children are hard-headed? Because
some parents lack love and caring. How come
children do not obey their parents? Because they
see what their parents do. That must be why
children go to jail.”
– Joy, 16
MICHAEL AMENDOLIA/NETWORK (2003)
3 PROFILE OF CHILDREN IN CONFLICT
WITH THE LAW
21
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
children arrested were boys (79%). In Families. CICL in Metro Manila usually
Davao City, of the 497 arrested by the po- come from families with an average of seven
lice (January-June 2002), the majority members. About half (47%) of CICL cov-
(83%) were also boys. These findings were ered by the study lived with parents, 30%
corroborated by the Metro Manila study, with the mother alone and only 5% with
which found that the majority (89%) of non-relatives. The Metro Manila study also
the 706 CICL handled by the Family revealed that 20% of the CICL sampled
Courts in 2001-2002 were boys. Boys also had fathers who were unemployed and the
dominated the prisons, with 95% in Cebu average monthly income per family was
in 1999-2001 and 91% in Davao as of Php 5,530 (US$ 98). In Cebu, majority of
November 2002. the CICL covered by the study had par-
ents who were alive and were living
Age. The average age of children arrested together. However, 60% of the children
in Cebu City over the study period was 14.4 were not living with their parents when ar-
years. Very few children below the age of rested.
14 years were held in custody and the pro-
portion of older children in custody Family Violence. Of the CICL presented
increases with age. In Davao, children as in the case studies, nine discussed mostly
young as 5 or 6 could be rounded up but about their family background, six of whom
were then handed over to the DSWD. clearly came from violent, neglectful or
uncaring homes. This appeared to have
Education. Majority of the children in the been a major factor to these children be-
studies have reached Grade 6. In the case coming at risk and to three of them running
of Metro Manila and Davao, 38% and away from home. Of the six, four high-
36%, respectively, have been in high school. lighted the significant role of their parents
In Cebu, 8 out of 10 were out of school at either by blaming them for what happened
the time of the offence while in Metro (2 cases) or by realising the need to change
Manila, majority have dropped out by the because of their parents being more loving
age of 14. Few children had no formal edu- (1 case) or more concerned, that is, guid-
cation at all (5% and 1% in Davao and ing and monitoring them (1 case). More
Metro Manila, respectively). According to than half (54%) of the 28 CICL held at
the Cebu study, children stopped school- the Community Scouts Center in Cebu
ing because of the lack of financial support said that they have been abused by family
or because of peer influence. members. The extent of domestic abuse can
22
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
be gleaned from figures presented in the Social Environment. In Davao, the adult
Cebu study, which showed that of the 82 FGD participants particularly linked of-
CICL in custody who were asked about fending to poverty, lack of parenting skills,
domestic violence, only 30% (21 boys and early marriage and the breakdown of the
3 girls) admitted to having been abused (see family system, while both children and
Table 3). adults saw pornography and peer influence,
23
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
and the lack of education and recreational Drug-related offences. Offences linked to
facilities as contributory factors. In the drug abuse have increased over the recent
Metro Manila study, 121 out of the 706 years. In a 1981 study, the University of
CICL, or 17%, were working before they the Philippines Law Center reported 323
were arrested (of which, 58% were street cases in Metro Manila, while a national
vendors). Only a few said they were mem- study in 1996 did not record drug-related
bers of gangs (2% to 4%). In Cebu, 80% offences. At the time of the three studies,
said they were members of a barkada. It is however, this type of offence constituted
estimated that about 23% are members of 13% of the reported offences committed
gangs. Of the nine boys in the Cebu case by children in Metro Manila and had be-
studies, all but one was highly influenced come the second most common offence in
by the barkada or close friends to perform Cebu (20%) and Davao (26%). Drug-re-
deviant behaviour. lated offences were also the second most
common offence for girls in both Metro
TRENDS IN OFFENDING Manila and Cebu.
Three types of offences were
observed to be quite common
in the three research areas – of-
fences against property,
drug-related offences and
sexual offences. Several trends
were also noted in these types
of offences.
24
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
Compared with first offences, there is an marily an issue of children’s self-esteem and
increase in drug-related offending in sec- self-worth and how children can be assisted
ond-time offences. In Cebu for instance, to achieve this. Individuals experiencing dif-
drug-related offending rose from 14% to ficult or unbearable situations take drugs
37% of all offences (Drug offences are now to withstand hunger and try to forget mis-
the most common cause of offending fortunes and frustrations.
among CICL in Thailand and Lao People’s
Democratic Republic.). This has significant Sex offences among children. Sex offences
implications for the Philippines with re- between children were likewise up in Metro
spect to providing accurate information to Manila (AKAP communication). In Cebu,
young people on the effects of drugs but if a sex offender was a child, the victim was
also in terms of addressing the issue in a usually also a child.
non-alarmist way, that is, seeing it as pri-
25
“I know that it’s bad but we
had to do it so we can eat.”
The succeeding sections discuss the status Davao. In Metro Manila, however, sub-
and experiences of CICL as they go through stance abuse accounted for only 13% of
each stage in the justice system, and how CICL offences, and came fourth after of-
stakeholders and duty-bearers handled fences against the person (15%) and
them as they undergo the process (see flow- violations of local ordinances (14%). Again,
chart of the juvenile justice process in the marked variations among the different
annex on Pages 86 and 87). courts in Cebu were observed – in Mandaue
City, almost half of all the cases (47%) in-
OFFENDING volved substance abuse while in Cebu City,
Most common types of offences. In all three it was only 15%.
study areas, offences against property were
Offences against local ordinances (especially
the most common. According to police
those on curfew and vagrancy) were the
records, 5,976 children were arrested in
third most common offence in both the
Cebu, majority of which (71%) were al-
Metro Manila (14%) and Davao (23%)
leged to have committed offences against
studies. In contrast, offences against ordi-
property. The proportion of this type of
nances and vagrancy were very few (less
offences was much smaller in the other two
than 5% of recorded offences) in Cebu.
research areas – 37% of 2,306 children ar-
rested in Davao and 38% of 706 court cases Most common types of offences among girls.
studied in Metro Manila. Within Cebu, Both the Cebu and the Metro Manila stud-
however, figures for offences against prop- ies had specific data concerning offences
erty also varied among the different courts. charged against girls. The most common
These figures accounted for 80% of CICL offences were those against property, which
cases in Cebu City but only 31% of those constituted majority (70%) of all offences
in Mandaue City. charged against girls in the Cebu study and
almost half (42%) of recorded offences
In both Cebu and Davao, the second most
among girls in the Metro Manila study. The
common offence was substance abuse,
second most common offence among girls
which constituted 20% of offences by
was substance abuse, which accounted for
CICL in Cebu and 26% of offences in
24% of offences attributed to girls in the
27
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
Cebu study and 34% in the Metro Manila an accomplice and for almost all (92%) of
study. In Metro Manila, 15% of the of- them, the accomplices were children. In
fences committed by girls were against local Davao, if the offence was substance abuse,
ordinances. it was usually a group offence.
Most common places of offending. The Record of offending. One of the most im-
majority of all offences (77%) in the Cebu portant findings from the researches was
study took place in Cebu City with its large the significant number of first-time offend-
commercial areas. In the city itself, over ers among CICL being arrested, taken to
50% of these offences took place around court and taken into custody.
Colon St., which is at the heart of down-
town Cebu City, and near two giant It can be observed that in all three areas,
shopping malls – SM Cebu and the Ayala almost all of the CICL cases covered by the
Center. studies were charged or arrested for the first
time — 94% of 5,233 children arrested by
The Metro Manila study also identified the police in 1999-2001 in the Cebu study;
highly populous and congested areas where 91% of 452 CICL arrested based on the
offences most commonly take place – city police records for January-June 2002
Tondo and Sta. Cruz in the City of Ma- in the Davao study; and 99% of 706
nila, and Cubao and Novaliches in Quezon children’s cases examined at the 22 Family
City. Each of these areas in Manila and Courts in 2001-2002 in the Metro Manila
Quezon City surpassed or nearly equalled study.
in number the total of CICL for the three
other cities covered by the study. Most of This trend was likewise observed in the five
the offences (59%) in the Metro Manila custodial centres in Cebu where 86%
study took place on the street. It is clear (1,224) of the 1,421 children in custody
that if action is planned, these specific cen- where held in detention for the first time.
tres would have to be prioritised for While the study could not arrive at the
intervention. exact number of first offenders because of
the difficulty of cross-referencing police and
Offending with accomplices. According to BJMP databases, Prof. Etemadi thinks it is
the Cebu study, 80% of the CICL studied likely that the majority were first offend-
offended with an accomplice, usually an- ers.
other child. This was less an occurrence in
Metro Manila, where 41% of the CICL had That these first offenders had not been di-
verted from arrest, court and custody is
28
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
both a major failing of the system and a Groups (SPAGs) at the barangay level; the
challenge to all duty-bearers involved in Civilian Volunteer Organisations (CVO);
children’s justice and working for the best and the Civil Security Units (CSU). In the
interests of children. There were no avail- case of Cebu, arrests were also made by
able figures concerning custody of first complainants and by security guards in
offenders in Metro Manila and Davao but shopping malls (12% and 10%, respec-
it is likely that the numbers would be close tively).
to the Cebu figures given the high number
of first offenders going to court. The usual practice was for the tanods and
probably the SPAGs to take the arrested
While it can be noted that many children children to the police station/precinct
in Cebu and Davao were being diverted by rather than using the barangay system to
the police (see the subsection, “Police ac- resolve the problem. There were only a few
tion in relation to case filing and diversion” examples in Cebu City of child offenders
below), there is still much to be done in being brought to the attention of the
the area of diversion. barangay captain (elected head of the
barangay). Barangay (Brgy.) Ermita, which
UPON ARREST had the most number of child offenders
Arresting officer. Findings in all three stud- reported among all the barangays in Cebu
ies showed that the arresting officer was City, only had an average of six child of-
usually the police, followed by the barangay fenders per month.
tanod. The proportion was especially high
Police action in relation to case filing and
in the Metro Manila study (64% of arrests)
diversion. In the Cebu study, the police
and in the Davao study (25 out of 42 cases,
took several actions concerning cases of
more than half of the cases), than in the
CICL appearing in their records after ar-
Cebu study (31%). Barangay tanods ac-
rest in the period 1999-2001. Of the 4,624
counted for only 18% of arrests in the Cebu
CICL, more than half (3,120, or 68%) had
study and 19% in Metro Manila, but ap-
cases that were closed, settled and diverted
peared to have made more arrests as
by the police; 15% (696) had their cases
reflected in the Davao study (33%).
filed; 6% (270) were detained awaiting fil-
In Davao, there were ancillary forces at- ing; 4% (193) were released as the
tached to the police such as the Davao City regulatory period had elapsed before filing;
Police Auxiliary Group, which was a group and 3% (155) were referred to the DSWD,
of volunteers; the Station Police Auxiliary the barangay or an NGO. As mentioned
29
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
in the Davao study, about half of all chil- city, a Child and Youth Relations Officer
dren coming to the attention of the police (CYRO). The WCD/CYRS should oper-
were referred to the DSWD and the City ate as a separate functional unit within the
Social Services (46% in 2000 and 55% in police station and treat children in a pro-
2001). tective way. All CICL must, if possible, be
seen by the WCD. In reality, however,
Police responsibility at the time of arrest. WCD officers are present only from 8 a.m.
Upon arrest, a child should be informed of until 5p.m., except in Davao where they
the reason for his/her arrest and his/her are on duty 24 hours a day. As most arrests
rights, including the right to contact one’s are made at night, this means they are dealt
parents or a social worker and a lawyer. In with by officers who do not specialise or
Cebu, only 33 out of 85 (39%) of children are not trained in handling CICL. More-
involved in the study were informed of their over, the names of children arrested are
rights. While the majority (18 out of 23) usually included in the general police blot-
of CICL respondents at the BBRC were ter9 – rather than in the children’s blotter –
asked about the name and address of their which are open to media inspection.
parents, only two said that the police con-
tacted their parents by phone. Nonetheless, BEFORE ARRAIGNMENT OR TRIAL
the children had discovered other ways of
Time held in custody before filing a case.
informing their parents so that the major-
By law, the filing of a case should be done
ity (about 73%) of families knew where
within 12 to 36 hours depending on its
their children were. In the case of BBRC,
seriousness. Within this time, the parents
half (10 out of 20) of the children in cus-
should have been informed, a medical and
tody were visited. Apart from using the
mental health examination has been com-
phone, the police made no other effort to
pleted and any statement is already taken
contact the parents.
from the child. The statement should be
All police stations in cities should have a made in the presence of the child’s parents/
Women’s and Children’s Desk (WCD) of- guardians, social worker or lawyer. The
ficer, previously called the Child and Youth Cebu study showed that children had been
Relations Section (CYRS) or, if outside a spending more time than required in po-
9 The police blotter is a daily written record or logbook of events and important facts about the event
(including complaints and arrests) in a police station.
30
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
lice stations. In the case of CICL respon- Posting bail. In the Cebu study, 91% of
dents in BBRC, half of them had spent 2 CICL in custody were detained pending
to 3 days in police cells before they were arraignment or trial, while only 8% had
moved to BBRC, while one-fifth spent 4 been sentenced. The issue of bail12 seemed
to 5 days and even longer during holidays. often to be first raised during the filing of
the case with the prosecutor. However, chil-
Moreover, since most police stations had dren were often not informed of their right
only one or two cells, if both males and to bail. Of the 40 BBRC respondents, about
females are held, CICL are kept in the cells 15% said they were made more aware of
together with adults of the same sex. Aside their rights, 50% thought their cases were
from this, there were no police funds for bailable, and 30% said they were never told
food, beddings, utensils and clothes so that of their right to bail. In the Davao study, it
without the gifts coming from relations, was estimated that 80% of cases were bail-
friends and/or fellow inmates and some- able. The cost of bail was variable according
times the city social worker (CSW), the to the offence and could be set from Php
children would go hungry. In addition, 500 (US$ 8.90) to Php 120,000 (around
most cells are very cramped and unsani- US$ 2,145). Most poor families could not
tary. easily afford these amounts. Instances of
ROR were few before going to the family
In Cebu’s three family courts in 2001, 79%
court (for instance, 22% were released on
of those awaiting arraignment/trial were
ROR by family courts in Metro Manila).
detained, 11% were bonded10 and 5% were
released on own recognisance (ROR).11
10 That is, an insurance company has agreed to pay the amount of bail (defined in Footnote No. 10) set and
to whom the recipient pays 10% for each year spent out on bail.
11 To “release on one’s own recognisance” means to release from custody without requiring the person
to post bail.
12 Bail refers to the money that a person charged of a crime or offence pays as a guarantee that he or she
will show up in court at a later date.
31
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
13 Arraignment refers to the initial appearance of an accused person before a judge in a criminal case. At
an arraignment, the charges against the person accused of a crime are read, a lawyer is appointed if the
person cannot afford one, and the person’s plea is entered.
32
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
by sentencing. Most of these involved chil- tence. However, according to key infor-
dren who have over-served their sentences mants in the Davao study, there was a 60-40
while being remanded in custody. In some division in favour of the court giving com-
cases, the complainants withdrew their munity sentences rather than suspended
charges or failed to turn up. Sentences were sentences to be served in rehabilitation cen-
usually automatically suspended, and youth tres. The perceptions of the stakeholders,
offenders given this sentence were sent to however, seem to contradict what records
the RRCY and the RCDD and/or ordered indicate, which is an almost nil number of
to pay fines to the victims or their families. community-based sentences.
In Davao, stakeholders seemed to see a The Davao City Family Court appeared to
closed institution as the appropriate place be very slow and congested, as it handled
for those given a suspended sentence. The cases other than those involving CICL. The
concept of a suspended sentence is very number of cases disposed between 2000
different in the Philippines than in the UK, and 2001 fell from 686 to 411, while the
where it would mean a non-custodial sen- number pending at the end of the year had
increased from 569 in 2000 to 763 in 2001.
DETENTION
In the Cebu study, the average length of
time a child is detained was five months
but a number of the children (91) spent
longer than 12 months in detention; the
majority (1,295, or 71%) spent less than
four months in custody.
33
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
The Metro Manila study was able to deter- The condition in the RRCY was observed
mine the time interval between arrest and to be much better compared with that in
arraignment for 178 CICL cases. It found jails, as children there had their own beds,
that an average of about two months lapsed were cared for by the DSWD staff (referred
between arrest and arraignment. For the to as foster parents) and had a daily rou-
most number of cases (35%), children spent tine or schedule of activities that kept them
three to nine months; 21% spent two occupied. These activities included primary
months; 28%, one month; and only 10% schooling, training on life skills, sports,
spent less than a month. counselling, vocational training on various
areas such as farming, information on drug
REHABILITATION awareness and the understanding of values
There were a number of rehabilitation cen- and spiritual development.
tres in the study areas. The most detail was
Despite these programs, the children were
given on those in Cebu and Davao. Both
still deprived of their liberty and, in the case
areas had an RRCY, which were only for
of children residing in the RRCY in Argao,
boys and usually only for those on sus-
lived quite far from Cebu City (two hours
pended sentence (which can only be given
by bus). As a result, the children’s parents
on a first court sentence). Under a sus-
and friends seldom visited them. Some of
pended sentence,14 the boys were allowed
the children even tried to escape, while
to leave the city jails upon the order of the
others wanted to go back to the jail because
judge, which was usually following a
of the boredom they felt despite the rou-
recommendation by the DSWD or the
tine. In addition, it was found in both
CSW. As of August 2003, three 11-year-
Davao and Cebu studies that children who
olds were present among the 43 children
just arrived into the centres go through a
residing at the RRCY in Argao, Cebu. One
period of from 3 to 14 days in an “observa-
of them was there for allegedly stealing Php
tion/isolation room.” This is the same room
40 (72 US cents) and another for rugby
where children were also sent for punish-
sniffing. Thirteen were there for rape. It was
ment or “disciplining.” It is not very clear
noted that the children in the four dormi-
what the purpose of this segregation was,
tories were not separated according to age.
14 A suspended sentence is when the serving of the sentence imposed by the court upon a finding of guilt
of the CICL is held in abeyance; meanwhile, the child undergoes rehabilitation
34
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
whether this was intended to check on the provided children some degree of freedom
newcomer’s health or behaviour. Their – the children attended the local schools,
being mixed with children who were there including high school, and were allowed to
to be punished further confuses the room’s visit their parents at home (once a month
purpose. in the case of Balay Pasilungan). Moreover,
the system was much less punitive (at the
In Cebu, there was also the Balay Balay Pasilungan, dishwashing was the
Pasilungan and the Community Scouts, punishment given for bad behaviour).
which are run by FREELAVA (a local NGO) Other than this, the overall system and
and the CYRS, respectively. Both centres management was similar to that of the
RRCY.
35
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
there; the bartolina15 smelled foul, newcom- were staying in these centres, but there was
ers were mauled, then our clothes were no other information about them.
confiscated.”
Children in all these centres remain under
Another child shared, “Walay istorya, diretso indeterminate sentences until they reach the
lang sa bartolina, baho unya ngitngit pa gyud age of 21. The children would be released
(There are no discussions, one is sent to earlier if the staff assessed that their
the bartolina immediately, the smell there behaviours have improved and if they rec-
is so foul and it’s so dark!).” The RCDD ommend release to the sentencing judge.
also served as a “catch-all” detention home Their stay, therefore, could last between six
for children in difficult circumstances and months and five years. Balay Pasilungan in
boys caught in armed conflict charged with Cebu involved the child and his/her par-
possession of firearms. Corporal punish- ents in planning for the child’s release, and
ment, inappropriate punishment and monitored his/her reintegration into the
isolation were apparently also common to community.
the rehabilitation centres in Davao.
EARLY RELEASE AND AFTERCARE
The Metro Manila study covered five PROGRAMMES
DSWD-run centres – the National Train-
Of all the jails covered by the studies, only
ing School for Boys, the Pasay City Youth
the Mandaue City Jail had an early release
Home, the Manila Youth Reception Cen-
scheme, which, according to the jail man-
ter, the Marillac Hills and the Molave Youth
agement, saved them some Php 200,000
Reception Center – and one NGO-run
(around US$ 3,500) in 2001.
centre, the Kanlungan sa Erma. Of the 486
children (out of 706) whose whereabouts Supervision through aftercare 16
had been noted down in court records, 36% programmes seemed largely absent. The
15 A Filipino word for a room without windows, often referring to a prison cell for solitary confinement.
It is also often used to refer to any room that is poorly ventilated or very small.
16 Aftercare programmes provide services to children and youth who are released from residential or
institutional placements. Ideally, aftercare programmes are concerned not only with supervising the
children but also with providing opportunities for education and work and facilitating the children’s
reintegration into the community.
36
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
Metro Manila study showed that only about minds of the released children rather than
25% of the children who are released from reintegration. Moreover, family and com-
the centres are followed up. Meanwhile, the munity support in Davao was observed to
Davao study noted the absence of aftercare be weak, given the high number of broken
services. It observed that evading the death homes and high levels of poverty.
squads17 appeared to be foremost in the
17 As mentioned earlier, at the time of the study, CICL in Davao City and neighbouring areas were being
harassed or stalked by unidentified armed men; some were summarily executed on the streets by
vigilante or paramilitary groups, to whom some people gave the name, “Davao Death Squad,” among
others.
37
“It would be very difficult to change
because in the eyes of the people, we
already have a bad record.”
The research studies were able to identify number of children held in custody during
some important features and approaches this period would have been almost four
concerning diversion, discussed below. times greater. This is supported by the fact
that in 1999-2001, only 1,297 CICL (or
EXPERIENCES OF DIVERSION IN CEBU 28%) of the 4,594 CICL arrested were de-
In Cebu City, an informal agreement forged tained (and some of these children in
by the CYRS with shop owners, which was detention could have been in custody prior
formalised in 2000, had significantly re- to 1999). This indicates a diversion rate of
duced the number of court appearances of 72% during that period (This number,
children involved in shoplifting. Accord- however, must be taken only as an estimate
ing to the agreement, any child who has as it is not altogether satisfactory to draw
shoplifted should either return the stolen conclusions from across police and jail sta-
goods or pay the shop owner the full value tistics that have slightly different criteria for
of the goods stolen but no more. calculating their figures). Outside Cebu
City, the CCSW (City Council Social Wor-
This is unlike in other places where ker) has referred many cases to the DSWD,
storeowners often demand ten times the the barangays and Balay Pasilungan.
value of what was taken. If this is not done,
the shop owner files a complaint at the In Brgy. Ermita and some other barangays,
police station. Most often than not, the par- diversion is also taking place primarily as a
ents/child could not pay the amount and result of FREELAVA’s implementation of
the child is consequently placed in custody its “Community-based Diversion/Media-
while she/he awaits a court hearing. tion Programme for CICL” and its setting
up of Children’s Justice Committees
This agreement in Cebu City paved the way (CJCs).
for more police diversion after arrest. Of
the 3,267 CICL arrests by the police in According to 2001 statistics as cited in the
Cebu City in 2000-2001, 89% (2,914) Cebu study, almost half of known CICL
were settled and did not go to court. Many cases in Brgy. Ermita (36 out of 74) had
of these arrests would have been for shop- been diverted from the formal court pro-
lifting. If diversion did not take place, the cess in various ways, primarily by releasing
39
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
children with a stiff warning, while 14 more of liberty either in jail (232 cases), in the
cases were also settled at this level. Thus, it RRCY (11 cases) or in Balay Pasilungan (12
appears that more than half (67%) of the cases). Only 5 received a non-custodial sen-
cases were resolved in the community at tence – 2 were fined and 3 were
the least. reprimanded.
40
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
41
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
Despite the above, many felt there was no and to take place at all levels, from the
“official” diversion programme, except barangay to the courts. One child felt that
through the court under the Supreme prison helped children think about what
Court Rules on Children in Conflict with they had done, while another’s position was
the Law. Only 42% of the 118 community not too clear.
members interviewed said there was a
Barangay Council for the Protection for EXPERIENCES OF DIVERSION IN
Children (BCPC) in their barangay. Only DAVAO
11% said there is a committee in the BCPC The Davao study reported that the CYRS
for the protection of children, including had also tried to arrange a deal with store
resolving issues of CICL. The largest per- owners wherein a child involved in theft of
centage of the stakeholders interviewed an item valued at less than Php 100 (al-
reported that they are able to divert less than most US$ 2) should do community service
10 children in a year. They all agreed that at the barangay level. However, storeowners
the most important consideration in pur- still had little trust that the BCPC would
suing diversion were the nature of the ensure that the system works. Storeowners
offence and the age of the child. do little to stop children who have stolen
something but they usually wait until they
CICL’s attitude towards diversion. In the
leave the shop to catch them. They also
nine CICL case studies prepared by the
make out their complaint on the spot so
Metro Manila study, the children were
they leave the police little room for discre-
asked what they thought about diversion
tion. In the past, malls put up photographs
and about how it should be done. Seven of
of children who had shoplifted but this vio-
the children favoured diversion. Five chil-
lation of children’s rights has recently
dren wanted it to take place at the
decreased.
community level so they would not be sent
to jail, they would not be separated from Of the 180 barangays in Davao City, 104
their families and they could avoid the po- have a BCPC but child rights advocates are
lice exacting money for bail. They also felt doubtful as to whether they are function-
this was most appropriate for handling ing. It is not easy to determine how many
petty offences. One wanted diversion at the children are dealt with at the barangay level
court level to ensure the compliance of dif- as seldom is there a separate blotter for re-
ferent parties, while another wanted it to cording children’s names.
be applied for those under nine years old
42
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
Some experiments in mediation are being discontinued, showing how fragile these
practiced at the barangay level, as repre- innovations can be unless mandated in a
sented by the experience of Brgy. Los local ordinance.
Amigos in Davao City, where the barangay
captain had taken a special interest in The experience of Brgy. Los Amigos is
children’s justice. The process did not al- somewhat similar to the system that
ways directly involve the complainant. FREELAVA had set up in 12 barangays in
Investigation was undertaken with the child Cebu City except that the latter used the
and his/her parents in a non-threatening CJC in the BCPC whose members under-
way. If the child admits the offence, a deci- went training and were supported in their
sion was made depending on the number decision-making about interventions with
of times the child had committed an of- CICL by adult community volunteers. In
fence. For the first instance of offence, the addition, young adult peer educators di-
child must apologise and promise not to rectly assisted the diverted CICL to adopt
commit the offence again. In the case of a a less troublesome lifestyle. These peer edu-
second offence, the parents of the child were cators had been CICL themselves but have
asked to pay for damages. For the third in- stayed away from trouble by being involved
stance, the child rendered community in this and other initiatives (such as con-
service for five to seven days. A log is kept tinuing their education).
of what is done and a certificate is given to
However, in Nabunturan, one of the re-
the child and the complainant upon
search sites in the Davao study, the social
completion of the service.
worker perceived the barangay to be using
The barangay captain reported that there untrained people and exposing CICL to
had been a sharp decline in cases/complain- unnecessary interrogation. In response, the
ants concerning children from 400 to 500 DSWD now convenes a case conference at-
cases in 1997 to only 37 cases in January- tended by the child, his/her parents and
May 2002. No case has been forwarded to barangay officials with the CYRS during
the police of late as all are dealt with at the which a decision is made and then followed
barangay level. However, when the up with the child to instil accountability
barangay captain lost in the 2003 election, and discipline.
this form of mediation appears to have been
43
“There is an interview before one is put inside the
cell. When your offence is theft, you are beaten-up,
but when it is only curfew violation, you are simply
sent straight to the jail cell.”
18 Buntog is a word in the Cebuano language that is a colloquial term for prostitute. Literally, it means
quail; used figuratively, it implies the act of hopping from one partner to another.
45
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
One of the worst examples of police bru- is open to media inspection. In Davao,
tality was cited in the Davao study where a CICL reported that they had been filmed
group of five friends were given electric while being interviewed by the police with-
shocks to their anuses by the police for re- out their permission. In the Metro Manila
peatedly breaking the curfew.19 The Davao study, only 5 of the 50 court and prosecu-
report was also more explicit about the tion personnel interviewed said that the
sexual abuse of both girls and boys. A com- media should not come into contact with
ment from a CICL that “boys become girls CICL cases.
inside police detention cells” is an area of
abuse that may involve both the police and CICL AND LEGAL REPRESENTATION
inmates and about which little is known Only 10% of CICL in Cebu were seen by
because of the embarrassment and shame a lawyer before coming to court. However,
that goes with it. most CICL in all the studies had a lawyer
from the PAO to represent them in court.
BRIBERY/SETTLEMENT
The children met their lawyers and dis-
The Cebu study cited examples of the po- cussed their cases briefly beforehand. In
lice seeking bribes (areglo, literally meaning Metro Manila, almost all (91%) of the 458
arrange or settle) before dropping the case. known cases were represented by PAO law-
In Davao, there was a case of the police yers and only 8% by privately hired lawyers.
seeking to engage a CICL as an informant.
LOCATION OF THE CHILD
FAILURE TO PROTECT THE PRIVACY The Metro Manila study was able to ob-
OF CICL
tain a breakdown of the location of 486
Apart from the WCD officers, other po- CICL whose whereabouts had been re-
lice officers as well as the courts seemed to corded by the court for the period 2001-
exert very little effort to keep information 2002 – 31% were in five DSWD centres
and processes concerning CICL away from and an NGO centre; 22% were in the cus-
the attention of the media. The fact that tody of their parents; 13% were at-large
the police often use the general blotter for (gone missing); 11% were in jail and 2.5%
recording information on CICL means it were with relatives and friends. These fig-
19 The Davao City government has issued an ordinance that imposes curfew on minors between 10 p.m..
and 4 a.m.
46
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
ures point to a greater preference for Many CICL join jail gangs during their stay
DSWD centres over jails. However, almost for protection and comradeship, as family
half of the CICL (42%) were still deprived visits are irregular. Only 65% of the Cebu
of their liberty, but 25% were legitimately CICL received visits. Self-mutilation
in the community. This is quite different (boreum) happens particularly among those
from the situation in Cebu that was de- aged 12-14 who were not visited and greatly
scribed earlier in this study (see the section, missed their mothers.
“Diversion at Different Stages”).
Many of the Cebu jails had no beddings or
In 2001, about half (53%) of 447 known utensils for inmates. These were either
cases in the three family courts were in some brought in by visitors, bought or inherited
way deprived of their liberty. It was not from other inmates. Most jails had a bud-
known where the 134 children with ongo- get of Php 30 (57 US cents) per inmate per
ing cases were being held, although it day for food. Hunger and petty theft were
seemed likely they were also in custody. If common features of life in custody. Most
this was such, it would mean that a great jails had some sort of medical facility, al-
majority (82%) were in some form of de- though the Mandaue City Jail did not.
tention (Ninety-one percent were reported These facilities are open only during the
to be in custody awaiting arraignment or day.
trial).
Young children were sometimes “adopted”
SITUATION IN JAILS by an adult as a sleeping partner and/or an
errand boy. An outreach worker for BBRC
In Cebu, it was quite usual for CICL, on
alluded to sexual abuse of children by adult
entering their cell in jail, to be subjected to
inmates. This underscores the importance
arbor (being compelled to take off their
of separating children from adults. This was
clothes in exchange for old and worn ones).
not happening in the Mandaue and Lapu-
This takes place upon the instruction of a
lapu City Jails as well as in the Consolacion
senior adult (the mayor) or fellow inmates.
Municipal Jail in Cebu. At the BBRC and
The clothes confiscated were then sold off
in the Lapu-lapu, Talisay and Mandaue
by the senior inmates. In addition, new
jails, girls were mixed with female adults.
inmates were often told to contribute from
Php 0.25 to Php 10 (18 US cents) to a sink-
ing fund maintained for the purchase of
medicines, among others.
47
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
In the Parañaque City and Caloocan City tinue their education if they wanted to and
Jails in Metro Manila, although children that there were some vocational training
are kept in separate cells, they are in the and occasional seminars.
same building or compound. Thus, it did
not seem difficult for adults and children EFFECT OF JAIL EXPERIENCE ON
to come together outside their respective CICL
cells. According to the Cebu study, of the 93
CICL in jails who were interviewed, ma-
In Cebu City, Operation Second Chance,
jority shared that their experience in jail had
a separate detention facility for children
affected their lives negatively. The social
awaiting trial, was established to segregate
workers and jail staff who were interviewed
the children from the adult offenders and
confirmed this. Most of the CICL were first
to reduce abuses. This is run by the city
offenders. Moreover, they were concerned
government and the BJMP. With this fa-
about finding work, afraid they would be
cility present, in principle, there should be
teased if they return to school or afraid sim-
no children kept at the Cebu City Jail.
ply of the general prejudice from society.
However, abuse among children especially
About one-fourth (24%) said they were
from the older ones, is still possible as in-
used to being in custody and that they could
dicated by a recent allegation of rape of one
adjust to life in jail easily as they did not
child by three older children and a report
have to do anything. Some (15%) claimed
of group stabbings as revenge for bullying,
that custody had not affected their life,
all taking place after children had been
adding that they have become hardened and
transferred to Operation Second Chance.
were no longer afraid of jail and of com-
When it comes to activities in jail, children mitting further offence. One first time male
identified the main activities as listening to offender said: “Nagkadugay wala na
the radio, watching TV and Bible sharing/ makaapekto kay nisamot kaisog ug bugoy
reading. Of all the jails in Cebu, only the gihapon (It has not affected me. The longer
BBRC had education sessions, which were I stay here, the more I become unruly).”
given by an NGO three days a week. In As one correctional staff member shared,
Metro Manila, the jail staff said that the “Some CICL were like puppies when they
majority of the CICL (62%) could con- first entered the jail; a few days later, they
become rough.”
48
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
CICL’S ATTITUDE TOWARDS THE None of the respondents knew when they
REHABILITATION CENTRES would be released or the process for it. They
knew, however, that their release would in
All the eight CICL interviewed by the Cebu
some way depend on their being of good
study who were staying at the RRCY in
behaviour while in the centre.
Argao preferred the RRCY to the Cebu City
Jail. According to them, this was because LACK OF AWARENESS AND
the RRCY had no grills, had better food, UNDERSTANDING OF WHAT WAS
provided them with beds and beddings, had HAPPENING
recreational activities and had attentive
staff. Majority felt that being detained pre- A frequent statement made by majority of
pared them to go back to their communities CICL interviewed in the Cebu study was
and they were optimistic about their that they did not understand what was go-
behaviour change. However, everyone com- ing on from the time of their arrest up to
plained of mingaw (loneliness) because when they were released. They were fre-
most of them missed their families – half quently not informed of their rights and if
of them did not receive visits, in some cases so, little was done to ensure that these were
because the centre was too far. protected. Often, they did not know what
was going on when their cases went for fil-
While the centre had an elementary school, ing, what was going to happen in court or
none of those interviewed had been en- what had happened there. The majority did
rolled, maybe because it was after the school not know how they came to be sent to a
year had started. Nonetheless, no informal rehabilitation centre nor when they would
schooling had been arranged. However, be released and how that decision would
skills training were offered for those who be made.
were not in school (e.g. block making, pig
raising, cooking and farming). Some re- IMPROVING THE TREATMENT AND
ported on their being placed in an isolation REDUCING THE NUMBER OF CICL IN
room (The observation or isolation room METRO MANILA
was more fully discussed in the subsection In the Metro Manila case studies, the nine
on rehabilitation centres under the section, CICL interviewed were asked their opin-
“Children in Conflict with the Law at Dif- ions concerning the gaps and problems in
ferent Stages within the Justice System”). the administration of justice and their sug-
49
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
gestions for improvement. Their comments Role of parents. Seven of the CICL inter-
on diversion have already been described viewed emphasised the importance of
above. parents talking and explaining to children
why they should behave in a certain way
Of the nine children, seven had been ar- instead of beating them because, as one boy
rested for the first time (one for a second said, this only leads children to display ag-
time and one for a third time). Only two gressive behaviour.
mentioned violence by the police. In one
case, a child claimed that a plastic bag was Diversion. Seven supported the use of di-
put over his head to force a confession. Four version when dealing with cases of CICL.
of the CICL described how the investiga-
tion process and the court hearing were
opened to the media and/or the public. In
two cases, the media filmed CICL being
interviewed without the latter’s permission;
one was with the barangay captain and the
other at the police station.
20 This means that below the age of nine, children do not know the difference between right and wrong
50
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
Presence of female police. The children felt Procedure in court. Two children suggested
there should be more female police offic- that the court ask the child for his/her side
ers. of the story on what happened, as well as
her/his views. They also said that the pub-
Procedure for arrest. Three children said lic should be kept out of the court.
the rights of the child and the reasons for
arrest should be explained immediately Custodial care. The need for more fund-
upon apprehension. ing for custodial places for children
especially for food was also recognised.
Prevention at the barangay level. Two chil- These facilities should also provide oppor-
dren believed that barangay officials and tunities for children to finish their studies
staff have a role in helping children and and gain access to books, conduct open
keeping them out of jail. It would help if forums (two responses) and provide guid-
there are more recreational facilities for ance. Custody for children was also seen as
children of all ages within the barangay. something that should not be pursued, al-
Children should not loiter on the streets; though one said that this was all right if
they are less likely to be on the streets if the child was really at fault.
they are studying full time. Parallel to this,
“round-ups” of children should not be Finally, the children see themselves as also
allowed to take place. being able to change.
51
“I heard someone was killed outside the disco.
I went and found that it was my friend, the
friend I took drugs with was killed. He was
the one who told me to start a new life, that
we can’t change anymore when we’re dead.”
– Nonoy, 17
This section discusses the major findings with other offenders, the children tend to
of the three researches, identifying com- become more hardened into an anti-social
monalities as well as significant deviations thinking.
among the three studies.
The entry of CICL into the criminal jus-
FIRST OFFENDERS MONOPOLISE THE tice system has also been clogging up the
CHILDREN’S JUSTICE SYSTEM courts and custodial centres. The person-
nel in these two institutions cannot do their
The findings of the three studies revealed
job as well as they would wish and this costs
that almost all (more than 90%) of the
the taxpayers dearly. This is a waste of scarce
CICL arrested (94% of 5,233 CICL in
resources.
Cebu) or whose cases had been lodged with
family courts (99% of 706 cases in Metro The experiences in diversion presented in
Manila and 91% of 452 cases in Davao) the three studies also pointed to the avail-
were first-time offenders. Moreover, a great ability and feasibility of community-based
majority (86%) of CICL in various custo- diversion alternatives. However, guidelines
dial centres in Cebu were found to be there for implementing this in the most effective
for the first time and the majority of them way are required. The issue of how diver-
were also first-time offenders. sion can be best institutionalised will also
have to be addressed.
What is the implication of these findings
on the children? The effect has not really COMMUNITY-BASED DIVERSION
been established but it is very likely that
children would be labelled, both in their A look into the different experiences in un-
own minds and in the minds of those in dertaking diversion at various stages in the
their communities, as “criminals,” thereby justice process indicated that the practice
increasing the tendency towards further of diversion and mechanisms for this re-
offending. If the CICL had experienced main in most part non-functional or
being beaten up by the police, this would nonexistent. Below are some significant ob-
alienate the CICL from law enforcers and servations as regards diversion at the
would turn them against the latter. If placed community:
53
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
54
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
55
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
• Once a CICL was arrested, many law average of two to three months in
enforcers started seeing that person as appalling jail conditions.
a criminal first, not a child, and there- • Social workers, prosecutors and the
fore, as a “criminal” had forfeited his/ police seldom recommended ROR or
her rights. affordable bail at court.
• Superiors need to be up-front in moni- • Judges are the ones who decide on the
toring and in acting on violations. granting of bail but this power was
• There appears to be a lack of under- observed to have been largely under-
standing of children’s rights and utilised at arraignment, unless a lawyer
relevant international instruments represented a child.
among law enforcers. • If bail was granted, the hearings were
Given these violations, there is a need to extremely delayed to a point where the
give the WCD more status within the po- child had already reached the age of
lice organization and proper training for 18 and therefore had become no
all police officers especially those in the longer eligible for sentences rendered
frontline. to children (e.g., suspended sentence).
56
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
57
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
Table 4. Penalty and term of imprisonment for theft by value of property stolen (1932 Revised
Penal Code)
Value of property stolen Penalty Term of imprisonment/Detention
Excess of P 22,000 Prisión Mayor maximum + 1 year for 10 years and 1 day - 12 years +
each additional P 10,000, but total years 10 yrs but not exceeding 20 yrs
imposed not to exceed 20 years
> P12,000 ≤ P 22,000 Prisión Mayor minimum and medium period 6 years and 1 day - 10 years
> P6,000 ≤ P12,000 Prisión Correccional medium and maximum 2 years, 4 months - 6 years
> P200 ≤ P 6,000 Prisión Correccional minimum and medium 6 months and 1 day - 4 years
and 2 months
> P 50 ≤ P 200 Arresto Mayor medium to Prisión 2 months and 1 day - 2 years
Correccional minimum and 4 months
58
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
flation and the need for the penalties in without delay” (UN CRC, Article 40) both
property offences to be reviewed. As most in the time taken before arraignment (two
CICL offences are those against property, months and five months in Manila and
this law can be very harsh with children Cebu, respectively) and for trial. Accord-
(see Table 4). It is essential that this code is ing to the Davao figures, the court process
superseded by a law on Juvenile Justice as may even be becoming slower. The delay is
far as children are concerned. worsened by the fact that while awaiting
trial, these CICL were most likely deprived
To illustrate, a 16-year-old caught stealing of their liberty yet have not pleaded or have
a very expensive cellular phone (worth been found guilty. One good news in the
around Php 22,000 or US$ 393), under Metro Manila study was the finding that
the existing Revised Penal Code, could re- 92% of the CICL covered by the study re-
ceive a six-year sentence, child or no child. ceived legal assistance from a PAO lawyer
This is but a step away from the maximum at the time of the arraignment.
penalty imposed on theft.
It was quite evident that a culture of com-
COURT PRACTICE AND NON- munity-based sentencing is yet to be
CUSTODIAL SENTENCES developed among judges in the family
With only 78 courts across the country courts. The following findings demonstrate
designated by the Supreme Court as fam- this:
ily courts, many cities and municipalities
• Non-custodial sentences were seldom
in the country would not have their own
used (In Cebu, only 1% of 278 de-
family courts. However, even in places
cided cases resulted in non-custodial
where there are family courts, such as in
sentences).
the research sites, practices and procedures
in most of these courts remain hostile or • Suspended sentences are usually spent
prejudicial to CICL. In the research sites, in detention at rehabilitation centres
it was found that the courts did not keep unlike in the United Kingdom where
separate records for children. CICL in suspended sentences are
brought back to the community.
It was also observed that international mini-
mum standards were often not upheld. For The Supreme Court Ruling on Juveniles
one, cases were certainly not “determined in Conflict with the Law, Section 32 could
59
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
change this with the automatic suspension such guidelines. The confinement of a new-
of sentence for CICL. The Supreme Court comer in an “observation room” for 3 days
ruling, however, allows diversion only to 14 days in isolation or with others for
where the offence committed is punishable punishment is likely to cause unnecessary
by a maximum penalty of six months de- deprivation and regulations for this seemed
tention. Thus, rugby sniffing, which nonexistent.
involves a minimum penalty of six months
plus one day detention, is not included The lack or absence of a serious rehabilita-
among offences that can be diverted. tion programme in custodial centres was
also common. Children were found to ex-
Despite this, there had been little action perience boredom in jails, with the
yet within the children’s justice system and monotony of routine pushing them to es-
the society in general to press for and use a cape. It was also observed that very few of
possible range of community-based sen- the CICL are able to go out to attend
tences. With guidelines and training, more school. Reintegration planning was also
serious cases could be resolved at the com- found to be minimal.
munity level through supervision,
counselling on offending behaviour, com- Children also said they prefer a centre with
munity service and mediation, among at least semi-open conditions like the Balay
others. Pasilungan and the Community Scouts,
where they could go out to school and visit
CONDITIONS IN JAILS AND their families.
REHABILITATION CENTRES
There was also no proportionality in sen-
It was found that children in jails and re- tencing for CICL sent to rehabilitation
habilitation centres were experiencing abuse centres, as CICL often received indetermi-
from the hands of the staff and even older nate sentences. Even if the child is a first
children. These and other findings detail- time offender, the decision of when to re-
ing the dreadful conditions in places of lease the child is primarily made by the
custody point to either an absence of offi- centre staff. It was revealed that children
cial guidelines for the staff as to how were kept in custody anytime from six
children should be treated in custody, a lack months to five years. There appears to be a
of awareness of the existence of such guide- need to review this practice.
lines or conscious non-compliance with
60
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
Meanwhile, CICL who have been con- delivery of children’s rights in the commu-
victed a second time are not officially nity. The studies found that the factors that
eligible to be placed in a rehabilitation push children towards offending include
centre. Thus, they are either sent to jail or poverty, domestic and gender violence,
made to apply for probation. However, only dropping out of school, peer group pres-
a few seemed to know how to go about sure, public attitudes and overcrowding at
applying for probation. home (that led children to go to the streets).
61
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
62
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
63
“We are trash in the eyes of society and
because we are regarded as such, we are
prone to do wrong.”
– Tata, 17
MICHAEL AMENDOLIA/NETWORK (2003)
8 GAPS AND ISSUES CONCERNING DUTY-BEARERS
IN THE FIVE PILLARS OF THE JUSTICE SYSTEM
The following gaps and issues were raised well-being of children. However, in
in the three studies, categorised according poor families, the amount of time and
to the five pillars of justice. energy is often limited because both
parents have to work and because of
COMMUNITY the heavy pressures of scrapping to-
Parents/Guardians gether a subsistence living.
Government needs to look at ways of
• CICL in both the Cebu and the Ma- alleviating this situation with a mini-
nila case studies emphasise more than mum wage, good working practices
anything else the role parents can have for parents, pre-school facilities, edu-
both in pushing them away from the cation for all, among others.
family because of their behaviour or
helping them come through the diffi- Local government units, the barangay and
cult adolescent period by talking, its officials
explaining and guiding them in what
they as parents see as being right. • There is very little understanding of
the potential role of BCPCs within
• Parents should be aware of the harm
barangays.
that domestic violence between
spouses has on children as also the • The role of pro-actively protecting
beating of children. CICL at the barangay level through
mediation is a vital part of diversion.
• More needs to be done to enable par-
The barangay captain’s initiative in
ents to know the importance of their
Barangay Los Amigos in Davao and
roles and to inform them of good
Barangay Ermita in Cebu, as well as
parenting practice. Some parents ac-
the joint efforts of barangay officials
tually want jail officers to take their
and FREELAVA in 12 BCPCs in
child without court proceedings and
Cebu City through a Children’s Jus-
some refuse to take them back after
tice Committee, has had a positive
being in custody or while on ROR.
effect on children’s lives. Unfortu-
• The UN CRC stresses in its preamble nately, these are the exceptions. In
the family’s role in the growth and Metro Manila, less than half of the
65
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
66
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
67
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
clear: Article 40 of the UN CRC states • Frontline police are resistant to doing
that the child should be treated “in a CICL work as they do not see this as
manner consistent with the promotion their job but that of the DSWD.
of the child’s sense of dignity and Moreover, they do not see themselves
worth.” Further, Article 37 states that as having a “community relations”
“no child shall be subjected to torture role, which is necessary when promot-
or other cruel, inhuman or degrading ing diversion.
treatment or punishment” and “that • There is a lack of clarity in the law as
every child deprived of their liberty to what to do with children after fil-
shall be treated with humanity.” It is ing a case – whether they should be
clear that the current standards fall placed with DSWD or with the BJMP.
well below that which the Govern-
• The role of the WCD of the PNP is
ment of the Philippines has
split under the Directorates of Inves-
undertaken to uphold.
tigation and Community Relations,
with Investigation having the opera-
tional authority. Under such an
arrangement, it would seem that the
community initiatives of the WCD are
reduced and the community-
relations aspect of its work
deprioritised.
• The WCD is generally understaffed
FILE PHOTO: SAVE THE CHILDREN UK (PHILIPPINES PROGRAMME)
68
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
areas where there are high numbers of • Are there PNP guidelines concerning
young offenders, then diversion is police use of discretion and diversion
likely to increase. before and after arrest? How much
• There is a need to know how the discretion for diversion do the police
WCD is perceived within the PNP have? How can the police become a
and how it is closely monitored. force for diversion?
• It is clear from the experience in Cebu • Coordination between the police, the
City that the police have helped by tanods, the barangay, the local
forging their agreement with shop DSWD, the LGUs and the courts is
owners to divert most child shoplift- quite weak.
ers from custody. Because of this and • Other international standards very
other actions, 68% of cases (3,120) are relevant to the police are as follows.
closed and never went to court. What - Beijing Rules, Sec. 11 on diversion:
is the reason for Cebu CYRS being “The police, the prosecution or other
able to negotiate with shop-owners so agencies dealing with juvenile cases
well and why can this not be done else- shall be empowered to dispose of such
where? cases, at their discretion, without re-
• Wherever possible, sending children course to formal hearings…”
back to the barangay for their case to - Section 10 on initial contact
be resolved would be the best solution
- Section 12 on specialization within the
as most children are first offenders.
police
• Apparently, the PNP has no funds for
- Section 13 on detention pending trial,
food, beddings, and other amenities
which sets out good practice for the
for those held in cells.
enforcement services and their staff
• Most police stations have only two
Article 27 of the Beijing Rules refers to the
cells. If both adult sexes are present,
UN Standard Minimum Rules for the
then children and adults will be mixed.
Treatment of Prisoners, which applies par-
• Ancillary police groups (e.g. SPAGs, ticularly to the Philippines with respect to
CVO, DCPA and CSU) should be the provision of beddings, clothing, food,
given proper, adequate and intensive complaints and requests, medical care,
training on how to properly handle among others, for those in police or BJMP
CICL according to the UN CRC and custody.
other international instruments.
69
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
70
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
public). This is in direct contraven- • Judges make too much use of deten-
tion of Article 40 (2bvii) of the UN tion and make little use of
CRC. community-based sentencing, despite
• The judge seldom seeks the child’s alternative ways of imposing a sus-
views. Everything is left to his/her pended sentence (Supreme Court
counsel. Article 12 of the UN CRC Ruling on Juveniles in Conflict with
stresses the child’s right to be heard. the Law). The UN sets out in the To-
There does seem an obligation for the kyo Rules information concerning
judge to check whether the child is non-custodial sentencing, which is
being correctly represented and important reading for judges in the
whether he/she has anything further family court.
to say. • Article 37 of the UN CRC is not fol-
• There seems to be little understand- lowed, namely, that detention should
ing by court officials of a child’s “best only be used “as a measure of last re-
interest.” sort and for the shortest possible
time.”
• Judges can push for speedy trials. This
was likely the case in Pasay City. From • The family court judges have a role in
being the city with the second most advocating for diversion.
number of CICL cases filed in Metro • The Supreme Court should consider
Manila in 1981, the Pasay City Fam- increasing the seriousness of offences
ily Court in 2001 had become the least for community diversion to a maxi-
busy of the five city courts looked at mum penalty of six years. It would be
in the Metro Manila study. This was helpful if the Supreme Court reviewed
attributed to the attitude of the resi- the use of status offences, that is, when
dent judge, who heard cases with as an offence is only such for children
little delay as possible and avoided in- and not for adults (e.g., curfew ordi-
carcerating children. This shows that nances).
judges can truly take initiatives. • There should be a greater role for pro-
• As so many CICL coming to court are bation officers with CICL who have a
first offenders who are not hardened second conviction.
to offending, bail should be a pre- • With regard to good practice in sen-
sumption and community disposals tencing, Section 17 of the Beijing
prioritised. Rules states that “Deprivation of per-
71
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
sonal liberty shall not be imposed un- • Because of the rushed nature of the
less the child is adjudicated of a serious proceedings and the lack of prepara-
act involving violence against another tion, it is questionable whether the
person or of persistence in commit- court process is explained satisfacto-
ting other serious offences and rily to the CICL or the case is
unless…no other appropriate re- presented “in the best interest of the
sponse.” Very few children currently child.” The PAO lawyer often tries to
in custody would fall under these cri- persuade the CICL to plead guilty
teria, so most if found guilty should rather than to take the risk of getting
be serving their sentences in the com- a very long stay in custody.
munity. • Training on children’s rights for PAO
lawyers is required.
Public Attorney’s Office (PAOs)
• To give fair justice to children, more
• There are not enough lawyers in the PAO lawyers should be recruited.
PAO. Thus, it is not possible for them Government should also allocate more
to see every CICL upon arrest. funds as representation, especially for
• PAO lawyers, although criticised for a child in custody and facing a custo-
dial sentence, is a child’s right under
not contacting CICL before coming
the UN CRC (Article 40).
to the arraignment, seem to be under
a heavy workload. In Davao, two PAO
Probation Officers
lawyers take eight to 10 cases per day,
which would leave little time if they • There is one probation officer per city
are to be presented properly for visit- but they do not seem to be involved
ing CICL at the time of arrest. with CICL. No application was re-
• PAO lawyers do not appear active in ceived by the probation officer in
seeking bail for CICL at arraignment Manila or Pasay City from those who
nor in advocating for non-custodial have already received a suspended sen-
sentences. tence.
• Should it be the task of the PAO to • Could these officers not be better used
check whether a CICL has overstayed to assist repeat offenders?
in custody and to inform the judge?
72
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
period of time”?
• There is an issue about the use of the
isolation/observation room for all new
arrivals and mixing these newcomers
with those sent to these rooms as
punishment.
73
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
74
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
• Addressing all these gaps and con- • It requires support for the Juvenile
straints requires action by the policy Justice Bill and advocacy for policies
makers within each pillar and regular to ensure its effectiveness.
meetings across pillars at the central, • Asserting for resources
provincial, city, municipal and
It should be clear from the above that the
barangay levels.
UN CRC and other international UN in-
• It requires their understanding of: struments provide a set of good practice
- The interdependent roles of the five principles for all those involved in the crimi-
pillars; nal justice system in working for the “best
- Children’s rights, the international interest” of CICL. However, relevant key
standards on children’s justice, espe- sections need to be selected and presented
cially diversion and restorative justice; to each pillar rather than everything to en-
and able useful debate on the critical issues.
There is much work to be done if these
- The work of NGOs involved in the
minimum standards are to be met.
promotion of children’s rights and
children’s justice.
75
“My hope?...a happy family.”
This consolidated study puts forward ways - Community work, adult guidance
by which the five pillars of justice can work - Mediation without the victim
most effectively for the best interest of
• Guidelines on the principles and good
CICL.
practice in mediation processes and
WORKING FOR THE BEST INTEREST procedures involving CICL should be
CICL IN THE COMMUNITY
OF THE
produced. Procedures for the follow-
ing aspects should be included:
First offenders and diversion at the com-
- The mediation body not being a court
munity level
but a means of reaching agreement
• All first-time offenders should be of- between the child offender and his/
fered diversion in the community, her family and the victim and his/her
unless their offences are very serious family with the aid of mediators
(e.g. murder, rape, extreme violence, - The child admitting the offence
among others). - Privacy
• Graduated diversion (tariff) should be - The child making amends
developed that will be based on the - Restoring harmony
degree of seriousness of the offence.
- Confidentiality, membership
Below is an example:
- Culturally appropriate approach
- Police/tanod warning at barangay or
within human rights guidelines
precinct
- Training
- Police/tanod warning at home--
parents present - Pro-child/wise mediators
- Apology to the victim - Follow-up
- Reparation/compensation • The court should refuse to hear a case
of a first offender unless it knows that
- Community work and/or adult
diversion has been tried and failed, the
guidance
child did not admit offence or it is a
- Mediation with the victim; agreement matter of extreme violence.
on reparation, apology and compen-
sation
77
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
78
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
• There should be funding for training WORKING FOR THE BEST INTEREST
and transportation for the barangay’s CICL AT THE LEVEL OF THE
OF THE
CJC work. POLICE
• LGUs should desist from doing • The main PNP Handbook should be
round-ups or “rescues” of street chil- amended to include what is expected
dren. of police when in contact with CICL.
• There should be training of and coor- It should direct all police to adopt a
dination among barangay officials, child rights approach in how they treat
tanods, influential local people and CICL and to promote diversion
city social workers, DSWD and the through a tariff system including me-
police in the handling of children. diation.
• CICL matters, especially those con- • The PNP should promote the success
cerning diversion, should be of and develop the WCD diversion
integrated into the city children’s efforts in Cebu (forging an agreement
welfare codes, as in Davao. with shop owners) into a national ini-
tiative.
Violation of local ordinances, status of- • Apprehending officers should use di-
fences and penalties version methods.
• Local ordinances should not make of-
fences for children those that are not • All PNP officers should receive train-
offences for adults, such as curfew. ing on what is expected of them when
• The penalties for violation of local involved with CICL.
ordinances by children should not in-
clude custody. • A national seminar should be con-
• Local ordinances should emphasise ducted with the PNP to study
non-penal child-friendly issues, not successful models of diversion in the
penal ones as at present. Philippines and elsewhere, and to in-
troduce a national diversion
programme.
79
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
• The number of WCD officers should WORKING FOR THE BEST INTEREST
be increased in high offending urban CICL AT THE LEVEL OF THE
OF THE
areas so that these officers can be on COURT
duty 24 hours a day.
• If ROR is not given at the filing of the
• The WCD should be made open to case or at arraignment, the prosecutor
all child-sensitive police including or judge must give the reason and it
males. may be appealed against.
• The PNP hierarchy should recognise • It should be the task of the police, the
the advantage of a special Directorate DSWD, the PAO lawyers and the
for WCD, which brings together In- prosecutor to ensure ROR is given to
vestigations and Community CICL, especially first offenders.
Relations.
• There must be a limit to the length of
• The PNP should work in a coordi- time a CICL may be kept in pre-trial
nated way with the other pillars of custody (e.g. three months).
justice.
• There should be a limit for bail (e.g.
• There should be a presumption of bail six months) after which the case is dis-
for all CICL on arrest without mon- missed.
etary payment, i.e., ROR. The only
• When diversion is not possible, non-
exceptions are cases of extreme vio-
custodial sentences should be
lence and serious repeaters.
prioritised except for extreme violence
• Certified NGO homes should be al- or serious repeaters.
lowed to take children on bail who do
• Judges should use their influence to
not wish to go home. This needs to
speed up trials and make ROR the
be allowed and negotiated.
norm.
• The LGU, the police and relevant
• Judges should seek the views of CICL.
NGOs should work together with
street children and street gangs to plan • Unless extreme violence or serious re-
how offending can be reduced. peaters are involved, no first offender
should be given a custodial sentence.
80
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
• If there is any reasonable doubt, non- • Children in the criminal justice sys-
discernment should be the ruling of tem need to be informed of their
the court. rights.
• Adults should ensure that the voices
WORKING FOR THE BEST INTEREST
of children, including CICL, are
OF THE CICL DURING CORRECTION,
sought and heard in the community,
REHABILITATION AND REINTEGRATION
in court, in institutions and in coor-
INTO THE COMMUNITY
dination bodies; and that they are able
• All places of detention should have to claim their rights.
guidelines regarding the treatment of • Interested young people, especially
CICL and should inform each CICL former CICL, after appropriate train-
of his/her rights while detained. ing and selection, may be encouraged
• The JDL Rules should be applied. to assist current CICL in their reinte-
• The giving of indeterminate sentences gration into the community, such as
as currently operational in rehabilita- through recreational activities, positive
tion centres should be stopped. peer example and advice.
• Rehabilitation centres should be open
AWARENESS RAISING ON CHILD
to CICL who have been convicted
RIGHTS AND PREVENTION OF
more than once.
OFFENDING BY THE FIVE PILLARS AND
• The use of observation rooms to iso- CIVIL SOCIETY
late children on arrival at rehabilitation
centres should be stopped. • Central and local coordinating groups
and relevant departments may arrange
• Semi-open institutions for CICL
training discussions for stakeholders
where custody is necessary should re-
both focused by pillar and jointly, of
place the current closed ones.
how to meet the best interest of CICL
and prevent offending and re-offend-
ing.
81
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
82
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
83
• BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process
Community
Police Prosecutor
(Diversion)
Info/advice Detained at CS
(child and for safekeeping
parents)
Detained at
........
police station
Parents are
contacted
........
Investigation at
the store/mall
(conducted by
house
detectives)
84
THE EXPERIENCE IN THE PHILIPPINES : A SUMMARY •
Pre-trial
Follow-up by
social worker
Trial
Transfer to
RRCY or Balay
Detained
Sentence
(serving Termination
sentence) Order
Legend: Reintegration
CS Community Scouts
........... Seldom observed
Refers to Cebu City only; Source:
diversion at the Community Scouts Etemadi, Ye and Bermudez (2002).
85
Save the Children UK
Philippines Programme
3/F FSS Building 1, 89 Scout Castor St.,
Quezon City, Philippines
Telephone (+632) 372–3483 • Fax (+632) 372–3484
www.savethechildren.org.uk