I: INTRODUCTION

A HUNGRY MAN KNOWS NO LAW EXCEPT THE LAW OF SURVIVAL. A

PERSON WHO IS OPPRESSED AND A VICTIM OF INJUSTICE FORGETS THE
LAW. HE TAKES THE LAW IN HIS HANDS. AN OPPRESSED HUNGRY MAN
SUFFERS MORE. HE IS LIABLE TO RUN AMOCK. HE LOST HIS LAST HOPE
(Introduction to Law, by Rolando A. Suarez)
Delinquency of the children is very evident in so many places. As been
proven by news reports we heard every day and with the statistics and information
provided by the local government agency that covers the Juvenile cases within their
jurisdiction. Poverty is one of the major causes why children nowadays were
committing a crime. They were looking for another solution to fulfill their needs in
everyday lives such as financial support for their education and to provide foods for
their empty stomach. It is their outlet to get what they do not have, combined it with
other factors and it will lead them to the worst situations such as addictions and
killings.
Juvenile Justice and Welfare Act were enacted last 2006 under the
administration of the former President Gloria Macapagal- Arroyo. It sets out the
protection of minors in conflict with law from being in jailed and punished under the
Philippine law. Until it was amended last 2013 under the former administration of
Benigno Simeon Noynoy C. Aquino III that stresses out not just the protection of
minors but also with the creation and adding the government offices and officials
which has a jurisdiction with the cases of the minor offenders. At the same time, the
priority also of the amendment of the JJS is the establishment of the additional
facilities and transient homes for the rehabilitation of children.
The protection of children-in-conflict with the law settled by R.A. 9344 and
R.A. 10630, A child fifteen (15) years of age or under at the time of the commission
of the offense shall be exempt from any criminal liability., P.D. 603 also says, a child
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nine years but at the time of the offense shall be exempt from criminal liability and
shall be committed to the care of his or her father or mother, or nearest relative or
family friend in the discretion of the court and subject to its supervision., and Revised
Penal Code limits the Law enforcers to arrest and penalized youthful offenders in
accordance with Criminal Procedure of the Criminal Justice System.
Juvenile delinquency is an act that challenges the peace, security and order of
the Philippine environment. This activity of youths includes minor and major crimes.
Prior to this are the petty crimes such as pick pocketing and minor frauds to earn or
secure extra income for themselves or for their family. For the past months, more
and more children has been involved in the crime, the few examples for this are: A
nine-year-old boy and his father that was arrested last July 27 after officials found
out that they connived in stealing food items and cell phones in Marikina City.,
another one is a 16-year-old boy was arrested with his mother in a drug buy-bust
operation in Sipocot town in Camarines Sur province last June 30., and lastly a 13year-old student and her friend were held in police custody last January 16 afternoon
after they stabbed her schoolmates, supposedly because of a long-standing
misunderstanding, that were all happened this 2016.
Objectives:
This legal research study focuses with how the Government of the
Philippines treated the Children-in-conflict with law on making them accountable with
their criminal actions and offenses against the existing laws of the State. This study
aims for the following:
1 To know the basic rights of the children as provided by the
Philippine Laws.
2 To know the different circumstances that motivates the child to do
something against the law of the State.

3 To be inform about the different government agencies under R.A.

10630 that has a jurisdiction with the children in conflict with law
under the Juvenile Justice System.
4 To be informing with the different diversion programs implemented
under the R.A.9344 for the rehabilitation of children-in-conflict with
law.
Statement of the Problem:
This paper focuses on Uncovering the Juvenile Protection under Criminal
Justice System. It tackles about, how we can make those CICL be accountable with
their wrongful acts without violating their basic rights during the investigation, to
prosecution until they were penalized appropriately in accordance with the due
process of law.
According to the Revised Penal Code Article 12, a child 9 years of age shall
be exempted on our criminal justice system and a child over 9 years of age but less
than fifteen years old, unless he is acted with discernment shall undergo a series of
rehabilitation program and prosecution under the supervision of the P.D. 603 The
Family Courts Act in cooperation with the concerned governmental agency. Until it
was being repealed by Section 6 of R.A. 9344 changing 9 years to 15 years of age
being exempted from any criminal liabilities where up to now is still effective.
Limitations of the Study:
CICL and Children-at-risk are the main reason for the implementation of
Juvenile Justice and Welfare Act of 2006, so they can be protected not just with their
society but also with the penalties they might face if they will be caught with their
wrongful doings and activities. It also promotes different programs that may be
undergone by any Filipino children for their rehabilitation process. From seminars,
trainings and re-creational activities that may educate them, at the same time, boost

up their self-esteem and confidence with the help of the social welfare worker, law
enforcers and LGUs.
I will also tackle the different Government agencies who have an
authorization to handle the custody of the CICL for the proper care and supervision.
At the same time, the implementation and application of those rehabilitation
programs for the benefit of those children considered as CICL within their
jurisdiction. And also what would be the possible reasons factors that lead children
be involve not just with the minor crimes but also with the serious one. Qualified
social workers and other staffs with academic preparation to conduct behavioral
assessments, counseling and other social services that may be needed in
connection with the case filed with the Family Court.

Conceptual Framework:
Children are the hope of our Country as our National hero Dr. Jose P. Rizal
stated. But how could this be if they were being part with the commission of the
crimes in our streets? They serve as a threat with the preservation of peace and
order within our society. We cannot make them accountable with their wrongful acts
because there are few statutes that were enacted which provide protections for them
from the different criminal liability they might face. How can we penalize them? How
can we discipline them? How can we make them responsible and liable with their
wrong actions and doings without violating their basic rights?
Amendment with our present statutes with regards to our Juvenile Justice
System is one of the two options that our legislature should focus on if they really
want to make those minors be liable with their felonious acts. They should provide
enough and appropriate guidelines on how our courts should treat and prosecute
those children-in-conflict with law without violating any of their rights in accordance
with the rule of law. And the last one is to draft and pass a new bill that will fulfill
those gaps that creates barrier with the rehabilitation of the children. Construct and
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formulate an appropriate program that suits with the condition and cases of the
alleged CICL for their recuperation. Return the original minimum age which is 9
years old from the present condition which is 15 years of age that can be criminally
liable so they can be prosecute according to the penal laws that we have here in the
Philippines.
The vital thing is, our government should impose those penalties in
appropriate with juveniles age because protection just make those criminally minded
children to do such wrongful acts. They gain more courage to do something against
our law since statutes here in the Philippines offers protection not penalties to those
CICL.