THE PROBLEM

AND ITS SCOPE

Some people say that Juvenile Justice is important in
order to protect the lives of the children from inhuman
treatment especially grave abuse of authority by the
arresting officer, for them not to be degraded and punish
more than what accept or perceive in relation to his/her
young age. In the contrary, some also say that this law is
unfair for it only protects the lives of the offenders, leaving
the offended party injustice and feeling a sense of being
vindicated From the time the Juvenile Justice become a law
in the Philippines it has been debated by many people on
the issue as to whether or not this law only protects the
lives of offended party. Juvenile Justice as on area of
criminal law is only applicable to a person not old enough
to be held criminally liable. They not be prosecuted, but
rather be rehabilitated since the main goal of Juvenile
Justice is rehabilitation rather than punishment.

Juvenile Justice aims to protect the lives

of the people; young or old, strong or
weak. It goes without saying that a law is
unfair depending on how a person
interprets
it.

This research proposal will let the

respondents understand why the Juvenile
Justice Act is enacted as a law. This will
also let other people be enlightened about
this law and hopefully, though this is just a
small scale study, future researchers will
use
this
as
their
references.

THEORETICAL
BACKGROUND
It is the utmost responsibility of the
government to ensure that the lives of the
young people are being protected. Part of it
is to develop their skills and talents through
proper education, develop their skills in the
field of sports through conducting civic
activities which will make the young busy
and prohibit them from engaging to commit
crimes.

AS THE HOPE OF OUR FATHERLAND, THE

GOVERNMENT MUST DO THEIR JOB THROUGH EDUCATION
TO FOSTER PERSONAL DISCIPLINE BY DEVELOPING IN THE
INDIVIDUAL QUALITIES BY WHICH HE/SHE WILL BE
DISPOSED TO RESPECT THE LIVES AND THE RIGHTS OF
OTHERS. THE STATE AS PARENT OF THE PEOPLE MUST AT
ALL TIMES MAKE SURE THAT THE CHILDREN AND THE
YOUNG ABANDONED A NEGLECTED BY THEIR PARENTS
SHOULD AVAIL THE REFUGE BY THE GOVERNMENT.
STATE STATUTES CREATING COURT AND PROVIDING
METHODS FOR DEALING WITH JUVENILE DELINQUENCY
HAVE GENERALLY BEEN UPHELD BY COURTS AS AN
ACCEPTABLE EXTENSION OF STATE POLICE POWER TO
ENSURE THE SAFETY AND WELFARE OF THE CHILDREN. THE
DOCTRINE OF PARENS PATRIA AUTHORIZES THE STATE TO
LEGISLATE FOR THE PROTECTION, CARE, CUSTODY AND
MAINTENANCE OF CHILDREN WITHIN ITS JURISDICTION.

The 1987 Philippine Constitution

stresses the importance of child welfare and
the role of the youth to be a good citizen in
the country. Article II. Declaration of
Principles and State Polices section 12
declares that the state recognizes the sanctity
of life, and the natural and primary duty of
the parents is rearing the youth for civic
efficiency, and the development of moral
character shall receive the support of the
government.

THE STATE MUST AT ALL TIMES READY TO

HELP THE YOUTH IN DEVELOPING THEIR TALENTS
AND SKILLS AS WELL AS THEIR MORAL
CHARACTER. IT SHOULD BE A POLICY OF THE
GOVERNMENT TO PROTECT AND REHABILITATE
CHILDREN
GRAVELY
THREATENED
AND
ENDANGERED BY GOVERNMENT CIRCUMSTANCES
WHICH AFFECT THEIR SURVIVAL AND NORMAL
DEVELOPMENT AND OVER WHICH THEY HAVE NO
CONTROL. THE STATE SHOULD ALSO BE AT ALL
TIMES WILLING TO REHABILITATE YOUNG PEOPLE
WHO HAVE COMMITTED CRIME AGAINST LOCAL AND
NATIONAL LAW THROUGH THE DEPARTMENT OF
SOCIAL
WELFARE
AND
DEVELOPMENT.

This is a recent development as, before the

crime and Disorder Act of 1998, there existed a
transitioned period, between the ages of 10 and 14,
where a rebuttable presumption of doli incapax
applied. According to this legal doctrine, children
did not suddenly become fully responsible on
their 10 th birthday, but would not only be held
criminally accountable for their actions are of a
criminal offense, the provision (12) of Criminal
Justice Act of 1991 are also satisfied (not earlier) (
Jane Pick ford. P51).

This is a recent development as, before the

crime and Disorder Act of 1998, there existed a
transitioned period, between the ages of 10 and
14, where a rebuttable presumption of doli
incapax applied. According to this legal doctrine,
children did not suddenly become fully
responsible on their 10th birthday, but would not
only be held criminally accountable for their
actions are of a criminal offense, the provision
(12) of Criminal Justice Act of 1991 are also
satisfied (not earlier) ( Jane Pick ford. P51).

AS RECOGNITION GREW ABOUT THE

LACK OF SERVICES FOR JUVENILE
OFFENDERS, ADVOCATES LOOKED DEEPER
TO WHAT AREAS NEEDED EXPANSION, IN
ORDER TO MEET THE NEEDS OF THE YOUTH
INVOLVED IN CRIMINAL ACTIVITIES. THE
HALL-HOUSE IN CHICAGO WAS AT CENTER
STAGE FOR THESE EFFORTS. IT WAS
SOBERLY OPEN, IT GIVES A FORM OF
EXPRESSION THAT HAS A PECULIAR
VALUE,
(ADAMS,
1912
P.
15).

Several studies in Davao City point to certain

circumstances as reasons why and the young
adolescents encounter police authorities. The
Tambayan Centre for the Care of the Abused
Children Inc. (200)conducted a participatory action
research with street adolescents that covered five
themes; life in the street; knowledge; attitude; and
practice on sexuality; and hopes and dreams.
Most young people who commit crimes are
street children. In the discussion of life in the
streets,
Tambayan
(200)
underscores
street
adolescent vulnerability to police arrest. Eighty-two
percent (82%) of adolescents responds claimed to
have stayed in the streets day and night. These young
offenders engage in drug cases, petty thief and
prostitution.

Objective:
This study is aims to discover
whether this particular act is
significant or not to the lives of
th
the and 4 Year High School
students of the University of
Bohol and how this affects them.

There is a need to study this thing

because our lives are being affected by
this law. Whether we like it or not, our
lives are controlled by the law of our
land and one of these laws is the
Juvenile Justice Act. It is very
important for us to understand the
significance of this law, including its
purpose we will be able to be aware of
it and to know what this law is for.

This study would somehow help the

researchers, offenders and the young people
understand and answer the question why is
there a need to enact a law that will assure
the protection of the lives of the young
people. Moreover, time passes by, the
lawmakers will somehow realize about the
need of legislating a law which will not only
protect the lives of many people but on how
to make the young a better citizens in the
society.

FINDINGS

The result of the study proves that

the 4th year high school students of the
University of Bohol believe that the
Juvenile Justice Act is significant to their
lives especially at their young age.
Moreover, they are also in favor that the
young offenders wont be penalized but
rather be rehabilitated. They also
believed that the law plays an important
role in developing their lives.

 Based on the studies, the following conclusions are

drawn:
The 4th year students of the University High School is
in favor of the Juvenile Justice Act despite its
criticisms.
The Juvenile Justice Act protects their lives at their
minor age.
Students from the UB High School believe that this
particular law will help them change their lives and
make them good citizens especially the young
offenders.

RECOMMENDATIONS
Based on the findings of the study, the following
recommendations were offered:

It is highly recommended that the national government

should direct the Local Government Unit through its Social
Welfare Office to conduct a seminar or forum about the
Juvenile Justice Act to educate the people about the law.
It is highly recommended that the government should
enforce the law so that it will be properly and strictly
implemented.
In order for the minors not to engage in committing
crimes, the parents should maximize in guiding their
children so that being in conflict with the law be avoided.