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Children in Conflict with the Law in Cebu : Profile and Experience with the Juvenile Justice Process

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Children in Conflict with the Law in Cebu : Profile and Experience with the Juvenile Justice Process CHILDREN IN CONFLICT WITH THE LAW IN CEBU: PROFILE AND EXPERIENCE WITH THE JUVENILE JUSTICE PROCESS Felisa U. Etemadi Ching Li Ye Cresencio Bermudez Jr. CHILDREN IN CONFLICT WITH THE LAW IN CEBU: PROFILE AND EXPERIENCE WITH THE JUVENILE JUSTICE PROCESS Felisa U. Etemadi Ching Li Ye Cresencio Bermudez, Jr. This report forms part of the CD-ROM entitled, “BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process, The Experience in the Philippines.” Published by: Save the Children UK 3/F FSS Building 1 89 Scout Castor Street, Quezon City, Philippines Copyright 2004 Save the Children – UK Philippines Programme This material 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. Research Team Consultant, Research Team Leader and Editor: Prof. Felisa U. Etemadi Senior Researcher: Ching Li Ye Research Associates: Cresencio Bermudez, Jr. Mercedita Coca Research Assistants: Ana Janet F. Suñga Consultants: Michael Maestrado Gerralyn Sayson Norman Yap Jannice Saso Technical editing: Wilma T. Bañaga Design and layout: Dok Pavia Save the Children UK is a member of the International Save the Children Alliance, the world’s leading independent children’s rights organisation, with members in 27 countries and operational programmes in more than 100 countries. 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. ii Save the Children – UK Contents Table of Contents iii List of Reference Tables vi List of Annex Tables ix Acronyms and Abbreviations xii List of Local Terms Commonly Used xiv Executive Summary xvi 1 Introduction 1 Review of Literature Significance of the Study Objectives of the Study Research Methodology 2 Profile of CICL in Cebu 8 CICL Profile Based on Official Records CICL Profile Based on Interviews 3 CICL Experience with the Juvenile Justice Process 22 Apprehension Filing of Case Correction Courts Community Save the Children – UK iii 4 Juvenile Justice Process: Trends, Gaps, Duty Bearers’ Perspectives and Impact 52 Apprehension Prosecution Correction Courts Community 5 Summary and Conclusion 66 CICL Basic Profile Contributing Factors Trend in Violations Trend in Diversion Places where Incidence of Offense by CICL is High Case Status in the Court CICL Experience with the Juvenile Justice Process Impact Implications Towards Improving the Present Scenario Case Studies 74 Case Study 1: Male CICL Currently Serving Sentence at BBRC for Homicide Case Study 2: Male CICL Remanded In Custody at BBRC for Theft Case Study 3: Female CICL Serving Sentence at BBRC for Possession of Prohibited Drugs iv Save the Children – UK Case Study 4: Male CICL Diverted at Community Scouts Case Study 5 and 6: Male CICL under Rehabilitation at the RRCY Case Study 7: Male CICL under Rehabilitation at the RRCY Case Study 8: Male CICL Serving Suspended Sentence in Balay Pasilungan Case Study 9: Male CICL Released on Recognisance to Balay Pasilungan Reference Tables 124 Bibliography 212 Annexes 219 A The State of Information in the Five Pillars B Interview Schedules C Focus Group Discussion Guide D CICL Experience with the Juvenile Justice Process: A Situationer E Highlights of the Condition of CICL F Focus Group Discussion – Barangay Ermita G Focus Group Discussion – Barangay San Roque H Related Laws and Penalties I The Implementing Rules and Regulations of PD 603 and the CICL Experience Compared J The Implementing Rules and Regulations of PD 603 and the Proposed Rule on Juvenile’s in Conflict with the Law Compared, and the Gaps Addressed by the Latter K Flowchart of the Juvenile Justice Process Annex Tables 276 Save the Children – UK v List of Reference Tables 1.1. Distribution of CICL Interviewed by Institution and Sex 1.2. Distribution of Key Informants from Government Agencies, Prosecution, Courts, Community and NGOs 2.1. Population of Children in Cebu by Locality: 1995 and 2000 2.2. Intake by Locality by Year, Police Records: Cebu, 1999-2001 2.3. Sex of CICL, Police Records: Cebu, 1999-2001 2.4. Age of CICL, Police Records: Cebu, 1999-2001 2.5. Offence Committed by CICL: First Timers vs. Second Timers, Police Record: Cebu, 1999-2001 2.6. Arresting Officer, Police Records: Cebu, 1999-2001 2.7. Offence Committed by CICL, Police Records: Cebu, 1999-2001 2.8. Place Where Offence was Committed by CICL: Cebu City CYRS, 1999-2001 2.9. Place Where Offence was Committed by CICL: Mandaue City Police, 1999-2001 2.10. Place Where Offence was Committed by CICL: Lapulapu City Police, 1999-2001 2.11. Place Where Offence was Committed by CICL: Consolacion Police, 1999-2001 2.12. Case Status of CICL, Police Records: Cebu, 1999-2001 2.13. Number of Intake by Month: Cebu City CYRS, 1999-2001 2.14. Type of Intake: Cebu City CYRS, 1999-2001 2.15. Sex of CICL: Cebu City CYRS, 1999-2001 2.16. Age of CICL: Cebu City CYRS, 1999-2001 2.17. CICL by Yearly Intake by Area of Residence: Cebu City CYRS, 1999-2001 2.18. Offence Committed by CICL: Cebu City CYRS, 1999-2001 2.19. CICL by Number of Individual Arrest by Year: Cebu City CYRS, 1999-2001 2.20. Age of CICL vs. Offence Committed: Cebu City CYRS, 1999-2001 2.21. Diversion of Children at Cebu City CYRS: 2000-2001 2.22. CICL in Cebu City by Year: 2000-2001 2.23. Number of Intake by Month, Tanod Records: Ermita and San Roque 2001 2.24. Arresting Officer, Tanod Records: Ermita and San Roque 2001 2.25. Sex of CICL, Tanod Records: Ermita and San Roque 2001 2.26. Age of CICL, Tanod Records: Ermita and San Roque 2001 2.27. Offence Committed by CICL, Tanod Records: Ermita and San Roque 2001 2.28. CICL by Number of Individual Arrest by Year, Tanod Records: Ermita and San Roque 2001 2.29. Case Status of CICL, Tanod Records: Ermita and San Roque 2001 2.30. Detained CICL in Cebu by Locality: BJMP, 1999-2001 2.31. Percent of CICL Detained in Jail by Total of Children’s Population by Locality in Cebu: 1995 and 2000 2.32. Currently Detained CICL in Cebu by Detention Center: BJMP, December 2001 2.33. CICL in Cebu by Sex by Locality: BJMP, 1999-2001 2.34. CICL in Cebu by Sex by Locality: BJMP, 2000 2.35. CICL in Cebu by Age by Locality: BJMP, 1999-2001 2.36. Offence Committed by CICL in Cebu by Locality: BJMP, 1999-2001 2.37. Offence Committed by CICL in Cebu by Type by Locality: BJMP 1999-2001 vi Save the Children – UK 2.38. Offence Committed by CICL in Cebu by Locality: BJMP, 1999 2.39. Offence Committed by CICL in Cebu by Locality: BJMP, 2000 2.40. Offence Committed by CICL in Cebu by Locality: BJMP, 2001 2.41. Offence Committed by CICL in Cebu by Locality: BJMP, 1999-2001 2.42. Offence Committed by Female CICL in Cebu: BJMP, 1999-2001 2.43. Frequency of Detention within Three Years: BJMP, 1999-2001 2.44. Duration of CICL Detention in Cebu: BJMP, 1999-2001 2.45. Age of CICL vs. Offence Committed: BBRC, 1999-2001 2.46. Age of CICL vs. Offence Committed: Mandaue City Jail, 1999-2001 2.47. Age of CICL vs. Offence Committed: Lapulapu City jail, 1999-2001 2.48. Age of CICL vs. Offence Committed: Talisay City Jail, 1999-2001 2.49. Age of CICL vs. Offence Committed: Consolacion Municipal Jail, 2000-2001 2.50. Age of Currently Detained CICL vs. Offence Committed: CPDRC, December 2001 2.51. Age of CICL vs. Frequency of Detention: BBRC, 1999-2001 2.52. Age of CICL vs. Frequency of Detention: Mandaue City Jail, 1999-2001 2.53. Age of CICL vs. Frequency of Detention: Lapulapu City jail, 1999-2001 2.54. Age of CICL vs. Frequency of Detention: Talisay City Jail, 1999-2001 2.55. Age of CICL vs. Frequency of Detention: Consolacion Municipal Jail, 2000-2001 2.56. Offence Committed vs. Frequency of Detention: BBRC, 1999-2001 2.57. Offence Committed vs. Duration of Detention of Currently Detained CICL in Six Jails: Cebu, December 2001 2.58. Sex of CICL with Court Cases: Cebu, 2001 2.59. Offence Committed by CICL with Court Cases: Cebu, 2001 2.60. Status of CICL with Court Cases: Cebu 2001 2.61. Case Status of CICL with Court Cases: Cebu 2001 2.62. Duration of Sentence of CICL: Cebu 2001 2.63. Diversion: Community Scouts, May 2002 2.64. Demographics of CICL under Diversion: Community Scouts, May 2002 2.65. Family Profile of CICL under Diversion: Community Scouts, May 2002 2.66. Perceived Economic Status of CICL Under Diversion at the Community Scouts, 2002 2.67. History of Domestic Violence: Community Scouts, May 2002 2.68. Social Environment: Community Scouts, May 2002 2.69. Demographics of CICL under Detention: Cebu, 2002 2.70. Family Profile of CICL: Cebu, 2002 2.71. Indicators Used by CICL Respondents in Assessing the Economic Status of their Family 2.72. History of Domestic Violence, Cebu 2002 2.73. Social Environment: Cebu 2002 2.74. Offence Committed by CICL: Cebu 2002 3.1. CICL Experience during Arrest: Cebu 2002 3.2. CICL Experience during Filing of Case: Cebu 2002 Save the Children – UK vii 3.3. Main Classes of Prisoners in the Philippines: BJMP 1996 3.4. CICL Experience during Detention: Cebu 2002 3.5. Regular Menu in the Bagong Buhay Rehabilitation Center 3.6. Life Affected by Jail Experience: Cebu 2002 3.7.
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