POLYTECHNIC COLLEGE OF DAVAO DEL SUR INC.

McArthur Highway, Digos City, Davao Del Sur

E-mail Address: digospcds@yahoo.com

SUBJECT: CRIM-5 JUVENILE DELIQUENCY

COMPARATIVE RESEARCH OF JUVENILE JUSTICE SYSTEM IN

PHILIPPINES AND ENGLAND

SUBMITTED BY: Jake Kim Cajes BSCRIM 3-B

SUBMITTED TO: Mrs. Wenchelou Moron

DATE: APRIL 22, 2023

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 INTRODUCTION

The juvenile justice system was designed to be distinct from the adult criminal
justice system. This was based, in part, on the idea that youth offenders were
particularly malleable and would be more responsive than adults to individualized
treatment efforts. Juvenile Justice System plays a vital part in our modern world
because Juvenile Justice System deals with the children who commits crime and
who will commit crimes. Many minors they didn't know what are the consequences
they're facing if they commit such crime and other juvenile offenders they relay on
the law or the government will protect them if they commit such crime that's why
many minors or juvenile commit crimes nowadays. This is the biggest dilemma that
the society facing right now because at the young age many minors engage in that
particular crime because of the poverty, and what they saw on their environment
specially here in the Philippines.

Juvenile Justice System on England and the age of Criminal Responsibility

there base on, Section 50 of the Children & Young Persons Act 1933 states: It shall
be conclusively presumed that no child under the age of ten years can be guilty of
any offence. In the criminal justice system a ‘child’ means a person under the age of
14; and ‘young person’ means a person who has attained the age of 14 and is under
the age of 18 (see, for example, section 117 of the Crime and Disorder Act 1998).
However, for the purposes of the Children Acts 1989 and 2004, a ‘child’ is anyone
who has not reached their eighteenth birthday. Although the phrase ‘juvenile’ is still
widely used to describe young people under 18 in English it carries connotations of
childish and of immature behaviour which can be seen as labelling and so we are
increasingly seeking to use the term young people. Moreover the aims of Youth
Justice System in England. Section 37 (1) of the Crime and Disorder Act 1998
establishes that the principal aim of the youth justice system is “to prevent offending
by a children and young persons.”

• PREVENTION

Government policy in England and Wales has explicitly sought to promote

work to prevent offending by young people. Through the work of local Youth
Offending Teams (YOTs) a wide range of prevention work targeted at offenders and
at those who are seen as being most at risk of offending has been developed. One

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of the best and most cost-effective ways to reduce youth crime is to prevent young
people from getting into trouble in the first place, by dealing with the problems that
make it more likely they will commit crime or anti-social behaviour. Problems that
may lead to a young person’s troublesome behaviour include a lack of education,
poor family relationships, having family members or peers who have offended, and
misuse of substances and these following programmes aim to deal with risk factors,
engage young people’s interests and increase their knowledge: Youth Inclusion
Programme (YIP), Youth Inclusion and Support Panels (YISPs), Parenting, Safer
School Partnership, Mentoring.

In addition the Court System in England when a young person is charged with
an offence, they will appear before the youth court. If the case cannot be dealt with
immediately, the court will make a decision as to whether the young person will be
bailed or remanded into custody. If a young person pleads not guilty, a date will be
set for the trial when the magistrates will hear all the evidence and decide whether or
not the young person is guilty. If the decision is guilty, they will then decide on the
most appropriate sentence. If the case is very serious, the youth court will send the
case to the Crown Court for trial and/or sentence.

While here in the Philippines, the Juvenile Justice System in the Philippines
Zooming in into how the Philippine justice system deals with juveniles, let’s peak into
what Republic Act No. 9344, otherwise known as Juvenile Justice and Welfare Law,
is all about. It is the law which covers the different stages involving children at risk
and children in conflict with the law from prevention to rehabilitation and
reintegration. It defines children at risk and children in conflict with the law as follows:

(1) “Child at Risk” refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:
• being abused and exploited sexually or in other forms;
• abandoned or neglected, with dysfunctional or broken family;
• out of school;
• a streetchild;
• a member of a gang;
• living in a community with a high level of criminality or drug abuse; and

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 • living in a community with a high level of criminality or armed conflict.
(2) “Child in Conflict with the Law (CICL)” refers to a child who is alleged as,
accused of, or adjudged as, having committed an offense under Philippine
laws. This law applies a restorative justice to its policies and programs
applicable to children in conflict with the law. As cited therein, it refers to a
principle which requires a process of resolving conflicts with the maximum
involvement of the victim, the offender and the community. It seeks to obtain
reparation for the victim; reconciliation of the offender, the offended and the
community; and reassurance to the offender that he/she can be reintegrated
into society. It also enhances public safety by activating the offender, the
victim and the community in prevention strategies. As opposed to retributive
justice which seeks a corresponding penalty based on the injury inflicted on
the victim, its emphasis is on the offender and not on the offense, takes into
consideration why he committed the crime, and serves to correct his ways.

Minimum Age of Criminal Responsibility

There are two circumstances affecting criminal liability of minors. The first is
the exempting circumstance of minority found in Section 6 of R. A. No. 9344 which
states that: A child fifteen (15) years of age or under at the time of the commission of
the offense shall be exempt from criminal liability. However, the child shall be
subjected to an intervention program pursuant to Section 20 of this Act.13. A child
above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless
he/she has acted with discernment, in which case, such child shall be subjected to
the appropriate proceedings in accordance with this Act.14. The exemption from
criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws. The second is the
privileged mitigating circumstance of minority under paragraph 2, Article 13 and
Article 68 of the Revised Penal Code which in effect reduces the penalty by a
degree. This should be applied if the child is above fifteen (15) but below eighteen
(18) years old and who acted with discernment, as partly repealed by Section 6 and
22 of R. A. No. 9344.

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 Intervention and Diversion Programs In distinguishing intervention and
diversion programs, RA 9344 provides that: (1) “Diversion Program” refers to the
program that the child in conflict with the law is required to undergo after he/she is
found responsible for an offense without resorting to formal court proceedings. (2)
“Intervention” refers to a series of activities which are designed to address issues
that caused the child to commit an offense. It may take the form of an individualized
treatment program which may include counseling, skills training, education, and
other activities that will enhance his/her psychological, emotional and psycho-social
well-being. Simply put, intervention programs will be the route for those whose
minority is appreciated as an exempting circumstance while for CICL whose minority
is taken as mitigating, diversion program will then be applied.

CONCLUSION

In developing nation like the Philippines, the truth goes against what the law is
portraying. The individual is held responsible for his actions in the Philippines. No
extreme changes are being made by the state to improve the individual, so the state
of affairs remains. Because they are learning from adults in prison, the crime rate will
undoubtedly rise if the state is not prepared to assist juvenile offenders. Good
education and vocational training, with an emphasis on prevention and rehabilitation,
are more effective than incarceration in controlling juvenile delinquency. Children
should be rehabilitated as soon as possible and reintegrated into society so that they
can contribute positively, and there should be a shift away from institutionalization.
There is no other way to live for young people who have matured into seasoned
criminals.

RECOMMENDATION

• Parenting

Parenting programmes provide parents with an opportunity to improve their

skills in dealing with the behaviour that puts their child at risk of offending. They
provide parents/carers with one-to-one advice as well as practical support in
handling the behaviour of their child, setting appropriate boundaries and improving
communication. Poor parenting is seen as one of the major risk factors associated
with young people at risk of offending. Parents with a child who has become involved

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with the youth justice system may be offered the opportunity to voluntarily attend a
parenting programme, if they consider that it would be useful.

• Mentoring

Mentoring pairs a volunteer with a young person at risk of offending. The

volunteer’s role is to motivate and support the young person on the scheme through
a sustained relationship, over an extended period of time. The relationship is built
upon trust and a commitment to confidentiality and equality between the mentor and
the young person. The relationship must be structured and have clearly identified
objectives. These objectives should be to help the young person identify and achieve
educational, vocational or social goals which address the factors in the young
person’s life that put them at risk of offending.

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 PERSONAL INFORMATION

JAKE KIM C. CAJES

Purok 6 Balasinon, Sulop, Davao del Sur
Email : Jakekim779@gmail.com

Birthdate : December 03, 2001

Citizenship : Filipino
Civil Status : Single
Age : 21
Place of Birth :
Father’s Name : Nazareno C. Cajes
Mother’s Name : Josephine C. Cajes
Contact No. : 09917173847
Religion : Roman Catholic

EDUCATIONAL BACKGROUND

Elementary : Balasinon Elementary School

Junior High School : Davao del Sur School of Fisheries
Senior High School : Davao del Sur School of Fisheries
College : Polytechnic College of Davao del Sur

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