DCJ 105

THEORIES ON CRIME CAUSATION, PREVENTION, AND CONTROL

(Fourth and Terminal Assignment)

SUBMITTED TO: ATTY. DODELON SABIJON

SUBMITTED BY: BIMBOY C. CUENO

 The following write-ups contain two major topics: One is on The Thriving
Criminality in the Philippines: Theoretical Explanations as Bases for Policy
Formulation and, two is on Matching Policies on Criminality and Implemented
Preventive and Controlled Strategies. Statistical data are presented to get shed of
the inquiry. To help get shed of the inquiry, five (5) major crimes that exist in the
Philippines are presented including respective theories that could anchor best
explanations as to their prevalence. References were derived from journals,
researches, and other literary works, both from national and international levels.

The Thriving Criminality in the Philippines: Theoretical Explanations as

Bases for Policy Formulation
The most expensive humanitarian commodity is peace. Without it, every
single system, big or small, is expected to be dysfunctional. Peace has only one
common enemy – crime. While it is true that crime is a notification of
maladjustment, we cannot dismiss the fact that by its nature it is destructive and
expensive to deal with. Crime per se is not exclusive. It targets any country whose
security is left unguarded. When the system of security is weak, criminality sprouts
and will gradually propagate to adjacent regions. Battling crime is complex and
seemed to be unwinnable especially in the absence of sturdy policies. Philippines
for example is one of the countries in Asia which has long been in battle against
crime. With the total number of 100,979,303 as of 2015 (PSA, 2018), Philippines
has its pitfalls and successes. The existence of peace will be defined upon how
cities and municipalities of the country, combat criminality. Crime Research and
Analysis Center of the PNP Directorate for Investigation and Detection
Management (2018) asserted that in the first quarter of 2018, the following cities
championed in terms of crime rate: Naga city with 273.83 average monthly crime,
Mandaue with 214.71, followed by Pasay (136.26), Iloilo (133.97), Cebu (129.30)
Makati (128.02) and Mandaluyong (119.91). The thriving criminality within these
major cities in the Philippines signals a call for the law enforcement bodies to
execute any necessary measures that will ameliorate crime rate.
Based on statistical data (PSA, 2015; PSA, 2018; PSA, 2017; SEPO, 2013) I
was able to identify five major crimes in the Philippines: theft, physical injuries,
murder, Reckless imprudence resulting to damage of property/physical injury, and
illegal drugs (see figure 1). The selection of the crimes was purely based on the
degree of prevalence. This means that the aforementioned were categorically
picked as it contained highest rate of occurrences. Thus, choices were laid between
index and non index crimes considering the fact that non index crimes were 79
percent from the overall total of crimes committed in the ten months of year 2017
(DIDM, 2017). In order to explain the causes, theoretical explanations are
provided. Recommendations for policy formulation based on the anchored
arguments are also drafted to dispense more effective measures against criminality.
Crime Classification Crime Source of Data
Volume
Reckless imprudence 139,292 Crime Information Reporting and Analysis
resulting to damage of System of the Philippine National Police
property/physical injury Directorate for Investigation and Detective
Management, 2017
Theft 49, 613 Philippine Statistics Authority, 2018
Illegal drugs 36,347 Crime Information Reporting and Analysis
System of the Philippine National Police
Directorate for Investigation and Detective
Management, 2017
Physical Injuries 35, 796 Philippine Statistics Authority, 2018
Violation Against 19,593 Crime Information Reporting and Analysis
Women and Children System of the Philippine National Police
Directorate for Investigation and Detective
Management, 2017
Figure 1: Five Major Crimes in the Philippines

General Theory of Crime and The Five Major Crimes

Of all the criminological theories combined, perhaps General Theory of
Crime or better known as Self Control Theory would best befit in explaining the
causes of the five major occurring crimes in the Philippines. General Theory of
Crime by Michael Gottfredson and Travis Hirschi posits that deviant behaviors
such as reckless imprudence, property crimes, delinquency, illicit drugs, sexual
irresponsibility, violence, and poor school performance arise in large part from
inadequacies in parenting (Goode, 2008). They also argued that poor or ineffectual
parenting results to low self control and low self control is the explanation of
criminal behavior in general. Beyond crime, low self-control was further evident in
behavior analogous to criminal acts, such as antisocial (but not illegal), deviant,
and risk-taking behavior (e.g., smoking, excessive drinking, riding a bike without a
helmet, skydiving). While other theorists were occupied in directly explaining the
causes of crimes, Gottfredson and Hirschi explained first its nature. According to
them explaining the causes without understanding first its nature is basically
“putting the cart before the horse” (Goode, 2008). This simply implies
understanding what the crime is all about before scavenging the underlying causes.
It necessitates prior and a fundamental question: “what is crime?” (Pratt, Travis, &
Cullen, 2000). In my point of view, General Theory of Crime offered a unique
explanation in the extent to which it gives explicit and detailed definition of a
criminal behavior. They defined crime as an act of force or fraud undertaken in
pursuit of self interest (Gottfredson & Hirschi, 1990). This includes theft which
“provides money without work”, rape which is basically “sex without courtship”,
violence which implies “revenge without court delays” and all actions perpetuated
by the criminal. If we take a look at the nature, crime basically requires immediate
gratification of desires or provides easy or simple gratification of desires
irrespective of whether the commission thereof is risky, exciting, or thrilling.
Hence, the only factor that could hinder the impulses for immediate gratification is
self control. A person who has self control will work but a person, who has not,
will steal. In the same manner, a person who has self control follows the due
process of the law, while a person who has not brings the law into his own hands.
To these ends, their general theory constituted a reassertion of the classical
school’s initial contention that individuals seek personal pleasure while avoiding
pain. In short, people are motivated by self-interest (Hay et. al., 2006).
As I mentioned on the earlier texts, low self control caused crimes to occur
and this factor give rise from ineffectual parenting. Gottfredson and Hirschi (1990)
defined self-control as “the tendency of people to avoid criminal acts whatever the
circumstances in which they find themselves” (p. 87). Thus, low self-control can
essentially be defined as a lack of that tendency. Individuals with low self-control
are characterized as impulsive, insensitive, physical, “risk-taking, short-sighted,
and nonverbal” (p. 91). In short, these are “factors affecting calculation of the
consequence of one’s acts” (p. 95). Gottfredson and Hirschi further elaborated on
the behavior and attitudes of individuals with low self-control, stating that such
individuals have a here-and-now orientation; they lack diligence, tenacity, and
persistence; and they are self-centered, indifferent, and insensitive. Furthermore,
people who lack self-control tend to exhibit adventure-someness and are active and
physical; they also generally have unstable families, friendships, and professional
lives (Grasmick et. al., 1993; McGloin, Pratt & Maahs, 2004). Finally, individuals
with low self-control can be characterized as having a minimal tolerance for
frustration; they tend to respond to conflict physically rather than verbally; and
they do not necessarily possess or value verbal, academic, cognitive, or even
manual skills. Because of these characteristics, individuals with low self-control
may not only be involved in crime, but they may also be involved in various other
risky behaviors, such as smoking, doing drugs, and engaging in illicit sex.
According to Gottfredson and Hirschi, low self-control is the stable construct that
ties all of these characteristics, attitudes, and behaviors together. It is a construct
that is recognizable in childhood, prior to the age of accountability, and is stable
throughout the life course. Thus, linking this to the five major crimes occurring in
the Philippines, we can say that perpetrators of reckless imprudence, theft, violence
against women and children, illicit drugs, and physical injuries are those person
who mostly contain low self control.

Policy Formulation to Combat The Five Major Crimes

The relationship between parents and their children can have a great influence
on their psychological and social well-being. However, parents are not always
prepared to be parents, especially when they do not have support from their
families or partners. The parents are the gatekeepers of their children`s future. The
nurture that they will give will judge whether the child may develop a strong or a
low self control. Having stated that premise, I propose the following policies which
in a long run may not only help combat the five major crimes but all types of
felonies in general.

1. Increase employment opportunities

Philippine Statistics Authority (2018) published that unemployment rate from is

4.7 as of 2016. In addition, underemployment increased from 17.6 of year 2015 to
18.0 of year 2016. Unemployed/underemployed parents differ greatly from the
employed in terms of nurturing the children. While the later can provide enough
food on the table and can support the family`s basic needs, the former may play the
opposite. While the former may have enough supervision towards their children,
the later may not. Limited supervision plainly equates to less bonds and low self
control. Research speaks that Most delinquent children come from the lowest
socio-economic stratum of society and that About two-thirds of the juvenile
delinquents come from homes where 7 persons and above live under the same roof
and that most parents of the delinquents have low paid jobs which keep them for
long periods away from their children (Ngale, 2009). Thus, Philippine government
has to create jobs that would be proportionate to the daily needs of the Filipino
families. The job should be something that allows parents to have time to interact
with their children.

2. DSWD to conduct regular seminars and Workshops on Couple Healthy

Relationships and Effective Parenthood
 Same agency pointed the increase of prevalence of separation among
couples. From 784,808 case of separation in 2007 arising to 1,207,459 of the year
2015 (PSA, 2018). Broken family is one of the factors that cause delinquency on
the part of the child in the simplest sense that broken family constitute the
reduction of the bond between mother, father, and the child. The bond also can be
translated to direct supervision towards the child. Specifically, Hirschi’s original
social bond theory held that, once social bonds were formed between a child and
parents, parents would then be able to indirectly control the behavior of their
children. Put differently, once the bond was established—even if the child was
quite young—the child would voluntarily control his behavior even in the absence
of a parent watching over him, because he would feel the psychological presence
of the parental guardian, who would be disappointed in the child should he
misbehave. Gottfredson and Hirschi conceived of self-control as a singly unitary
factor that is formed early in life through effective parenting, fixed by a relatively
young age, stable over the life course, and solely responsible for explaining the
variation in criminal/ deviant behavior across individuals. An intact family can be
said to be a functioning union between a mother and a father, so when a break up
exist, the turmoil may affect a child to a greater extent. A functioning family is
beneficial to a child than a dysfunctional one (Kimani, 2010). Family separation
was a great contributor of child neglect which generally leads to child deviant
behavior. For example, leaving homes and addicted to vices and the like from
parental and family neglect, lack of supervision and guidance. If delinquent
behavior is viewed from a behavior disorder perspective, it encompasses two broad
dimensions: internalizing and externalizing. Internalizing disorders are directed
inward and involve behavioral deficits, such as withdrawal, isolation, and
depression. On the other hand, externalizing disorders are directed outward and
involve behavioral excesses, such as disturbing others verbal and physical
aggression, and acts of violence.

3. To Embed Self Control Principles in University Courses

Self-control helps us manage conflicts (Baumeister & Vohs, 2007).

According to Hofman et al., (2012) self-control has three main parts: monitoring
which involves keeping track of your thoughts, feelings and actions;
standards which are guidelines that steer us toward desirable responses; and
strength refers to the energy we need to control our impulses. Accordingly,
individuals with low self-control are likely to commit crimes because such acts
amount to the immediate gratification of one’s desires. Similarly, those with low
self-control tend to lack diligence, tenacity, and persistence. Again, crime events
are easy and represent a simple means of gratifying one’s appetites while not
requiring pesky or inconvenient long-term planning or commitment. Teaching
students about the principles of self control may in one way or another made them
aware on necessary precautions that can contain their impulses.

Matching Policies on Criminality and Implemented Preventive and Control

Strategies

Implemented preventive and controlled policies in the Philippines vary

depending on the type of crime. These controlled and preventive strategies came in
the form of interventions. For the purpose of elucidating on this area, allow me to
cite the second article I submitted. In my review on the various literatures, I found
out that there are three classifications of interventions which are also adopted in the
Philippine criminal justice system; one, is on early interventions; two, recidivism
reduction interventions; and, three situational interventions (Rubin, et.al.2006).
Early interventions refer to “focuses on interventions to prevent onset offending”
(Rubin, et.al.2006, p. 9). On the other hand, recidivism interventions focus on
methodologies in preventing ex-offenders to commit another offense (Rubin, et.al.
2006). Situational interventions “which are those that try to change aspects of the
context in which crimes are occurring in order to reduce the opportunity for
offending and that these situational interventions acknowledge the social aspects of
crime and the confluence of factors that result in a given crime being committed”
(Rubin, et.al. 2006, p. 9). My discussion below will be drifting from point one to
point two in terms of the types of preventive strategies. I elaborated three crimes
and matched it with the existing policy and its existing preventive and control
strategies.

Matching Juvenile Justice and Welfare Act with Juvenile Crime Prevention and
Control Strategies

Republic Act 9344 better known as Juvenile Justice and Welfare Act is
primarily intended to safeguard the future of the young Filipinos. It serves two
facets: first to rehabilitate youthful offenders; and, two, to prevent CICL from
further commission of crimes. Youth is the hope of the fatherland, they say. In the
tenets of this law police officers are compelled to spare juvenile offenders aged 15
and below and those above 15 and below 18 from criminal liability and release
them back to the community when the reglementary period lapses. The law
requires for the DSWD to supervise an intervention program for the CICL which
basically should be designed to prevent him or her from doing another criminal act.
However, literature suggests that there is a strong mismatch between JJWA and the
prevention/control strategies. For example, the People`s Recovery, Empowerment,
and Development Assistance (PREDA, 2011) reported the following lapses in the
implementation of crime intervention programs of CICL:

There is no recovery center in most cities and municipalities. This has been
the problem prior to RA 9344.This is still a problem nowadays. Therefore,
the section of the law that requires this, has not been implemented.
Overcrowded detention centers like Manila Youth Reception center
(MYRC) centers, often no rehabilitation nor therapeutic programs. Bad food,
bad hygienic conditions, Physical and sexual abuse by bigger youth
detainees and guards, “trustees”, cell “Mayors” No educational, medical,
dental services . Furthermore, there is no outdoor exercise, recreation, sports,
family meetings, group activities. Internal discipline is an atmosphere of
fear, intimidation, and denial of food. No beds, cushions, bad lighting,
ventilation, dungeon like conditions. Long detention due to delays in the
legal proceedings of the CICL resulted to their over-servicing of their
imposable penalty particularly on victimless crimes. Development of a
Comprehensive Juvenile Intervention Program is not being taken seriously
by local cities and municipalities. It says there that LGUs shall set aside an
amount necessary to implement their respective juvenile intervention
programs in their annual budget. No budget allocated, therefore, no
implementation can be made. CICL who are released to their parents do not
participate in any community-based programs as there are no programs
drawn for them by the LGU (PREDA Report, 2011).

And quoting from my previous article submitted:

According to the Juvenile Justice and Welfare Council, the Philippines is a

home to over 11,000 CICL as of 2009. Furthermore, data from social-
welfare said that, from 2001 to 2010 close to 64,000 child offenders were
detained by the government wherein the highest are from Western Visayas,
the National Capital Region and Region 11, or the Davao region, throughout
the said period. These statistics bring challenges to the effort of the law
enforcement in their quest on crime reduction. Irene, et. al. (2013) stated that
most of the intervention programs to CICL are in the barangay levels. But
there is no clear answer or solution to prevent the occurrence of CICL. On
the other hand, the punitive measures in the barangay level are found to be
ineffective. Considering the above premise, crime reduction seemed to be
out of hand.
 The intention of the law to provide preventive and controlled measures for
the CICL to disengage from criminality, to my opinion is in abyss. Republic Act
9344 is not weak. What imbalances the whole weight is that, implementation was
so repugnant and unchecked.

Matching Laws against TIP with Human Trafficking Prevention and Control
Strategies

Money is power. This is the very reason why Filipinos cannot escape from
the hit list of human trafficking. Organized crime groups are after the money.
Humans are bets in winning huge wealth, coming up even to a point of using
innocent children for sex trades. Often this is perpetuated without any stain of
remorse and perpetrators vary in profiles. This includes notable persons. To name a
few, former Quezon Representative Manolet Lavides was involved in the
prostituting of 4 high school students of Novaliches High School. Angeles City
Mayor Edgardo Pamintuan was involved in the cases of a 16-year-old model being
prostituted by a talent manager, Jojo Veloso. 5 policemen in San Fabian,
Panagasinan were accused of raping an 11-year-old girl inside police barracks. 4
policemen on duty were implicated in the rape of a 17-year-old girl inside the
police station in Luneta. SPO2 Roel Waga, police investigator in Bgy. Puerto,
Cagayan City was involved in the sexual harassment of a 13-year-old girl.
(Gabriela, Statistics and the State of the Philippines, 24 July 1997).

Anti-Trafficking in Person`s law was implemented to curb TIP. However,

there seemed to be a disjuncture between legal principles and the delivery of its
implementation. The control strategies was found to be in most aspects,
ineffective. To attest this claim, we can refer to the U.S.A. Department of State,
2017 trafficking in persons report states that:

Although the government meets the minimum standards, it did not expand
the availability and quality of protection and assistance services for
trafficking victims, particularly mental health care and services for male
victims. Further, the government did not vigorously investigate and
prosecute officials allegedly involved in trafficking crimes or expand its
pilot program to address the backlog of trafficking cases in the courts. Of the
20 labor trafficking cases prosecuted, none resulted in a conviction. The
government filed no criminal cases to punish the recruitment and use of
child soldiers by armed groups operating in areas affected by the ongoing
insurgency. At the close of the reporting period, more than 1,100 trafficking
cases filed in court in 2016 or in previous years remained pending in the
 judicial system due to endemic inefficiencies such as non-continuous trials,
large caseloads, limited resources, and in some cases, corruption. in addition,
delays in allocating funds to IACAT taskforces reportedly reduced the
number of raids during the reporting period. Although the government
convicted four perpetrators of online sexual exploitation of children, police
and prosecutors reported challenges with these cases, including difficulty in
obtaining search warrants, insufficient personnel, inadequate resources for
operations logistics and computer evidence analysis, and the need for
training on presenting digital evidence in court. Budget constraints
continued to limit victim access to mental health services. Child sex
trafficking victims who resided in a shelter and participated as witnesses in
prosecutions were often interviewed multiple times and remained in the
shelter through the time required for the court case, which may have added
additional trauma and delayed reintegration (Excerpts from U.S.A.
Department of State, 2017 trafficking in persons report).

In my previous article that I submitted, I plainly stated that the role of the
government is to faithfully and religiously implement all the provisions of the anti
trafficking in person’s law. TIP can be best prevented and controlled by putting
work in the employment market as this be the best way for low income people to
meet their economic desires. Livelihood programs for the adult victims would also
suffice. Furthermore, a law should be crafted offering free legal services to those
children affected by TIP.

Matching Comprehensive Dangerous Drugs Act with Drug Prevention and

Controlled Strategies
Like the law on TIP Republic Act 9344 also mandates the implementation of
various prevention and controlled strategies for persons known to be drug users.
And like the previous law, loopholes occurred in many dimensions. To mention,
United Nations office on Drugs and Crime (2003) rank Philippines as one of the
leading countries in terms of amphetamine use. OPLAN Double Barrel came unto
play but in its implementation, the shadow death shuddered the many. News
site Rappler ran and updated a tally of the drug war statistics. As of its last update,
Rappler reported a total of 7,080 people killed in the War On Drugs from July 1,
2016 until July 31, 2017 — in a combination of police operations and deaths under
investigations or those killed by unknown masked assailants (Rappler.com, 2018).
The OPLAN Tokhang seemed not to work as drug occurrences continue to
conflagrate the metropolis and other neighboring areas. In addition, due to the
absence of employment opportunities, drugs have been considered as the source of
livelihood by some members of the society adding complexity to the dilemma. If
the scarcity of jobs continues to exist, it would be very difficult for these persons to
disengage from such. In the opposite side, if the government offers various
opportunities for individuals to be employed with, perhaps in the short run, people
may divert their means of living.

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