sample case study of cicl

Research on the Situation of Children in Conflict with the Law in Selected Metro Manila Cities

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Save the Children UK

Adhikain, Para, Karapatang, Pambata

Contributors

Oco, Tricia Clare, Tenefrancia, Roselle, Habaradas, Araceli

Content type

Study: Research

Child Protection, Child Protection Systems

Child abuse, Children in conflict with the law, Children in prison, Children's rights, Community-based activities, Customary laws, Judicial aspects, Juvenile justice, Sexual violence and abuse, UN Convention on the Rights of the Child

Philippine Legal Research

Discernment: The Minds of Children in Conflict with the Law in Bacolod City

By John Emmer Gamo and Victoria Veronica Azurin

INTRODUCTION

The Penal Law of the Philippines was a duplicate of the Spanish Codigo Penal which was in force from 1886 to 1930. Several attempts were made to revise the Old Penal Law until the new code was drafted by a committee created in 1927. The framers of the Revised Penal Code, headed by Judge Anacleto Diaz, were able to create such which was enacted on December 8, 1930 and remains effective today. The law provides and defines who children in conflict with law are and how they should be treated. The law states, under Article 9 section 2 and 3, that children 9 years of age and under is exempted from any criminal liability and children aged above 9 years old but below 15 years, unless he has acted with discernment, will also be exempted from criminal liability.

Several provisions of the Revised Penal Code have already been amended through Republic Acts. One of the consequential amendments was the Republic Act 9344 also known as the Juvenile Justice and Welfare Act of 2006. It was considered as a progressive step in the juvenile justice system of the Philippines as it is in line with the international accepted laws and guidelines promoted by the United Nations Convention on the Rights of the Child (UN CRC). The law aims to protect and promote the child’s reintegration and constructive role in the society. The Act states that children 15 years of age and below are exempted from any criminal liability and those aged above 15 years old but below 18 years are also exempted unless they acted with discernment.

As a consequence, a lot of children who are previously convicted was benefited by the enactment of the said law. Humanitarian organizations around the nation, locally and/or internationally recognized, are devoted in promoting and developing the welfare of every Filipino children and has been vocally recognize by the Filipino people in contradicting any attempt of legislature in lowering the age of criminal responsibility. As time passed by, circumstances arose wherein younger children were victimized by the older children but never convicted as they are exempted provided by the law.

STATEMENT OF THE PROBLEM

This study aims to determine whether the Minimum Age of Criminal Responsibility would still be practical in the aspect of discernment in today’s generation, particularly in Bacolod City.

Specifically, this study aims to give light to the following questions:

• What are the changes that have occurred during the years 2011 to 2016 in terms of the increase or decrease in number of juvenile related crimes per year in Bacolod City?
• What is the composition of the total number of juveniles served per year as to:
• Readmissions
• What is the most common crime committed by those children in conflict with law within the City of Bacolod?
• What is the proportion of the following to the annual total number of juveniles served by the Social Development Center in Bacolod City:
• Carried over

DEFINITION OF TERMS

The following terms are used in this paper and are defined for further understanding:

Juvenile. This refers to minors or young persons not yet old enough to be called an adult.

Crime. A positive or negative act in violation of penal law; an offense against the State. (Black’s Law Dictionary)

Child in Conflict with the Law. This refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. (Republic Act No. 9344, Definition of Terms)

Discernment. The ability to know what is right or wrong. (Luis B. Reyes, The Revised Penal Code)

Admission. A procedural process admitting any person who, having no previous record, committed any crime or violated any offenses, leaving a criminal record in the police station.

Re-Admission. Refers to any person who, having previous record in the police station, committed another violation or crimes.

Escapee. Any person who has escaped from somewhere, especially prison.

SIGNIFICANCE OF THE STUDY

This study is significant to the following users:

Legislators. This study will aid them to formulate and discuss possible amendments on the law. In addition to that, this study will give light to the current status of the Juvenile Justice and Welfare System in Bacolod City .

Parents. This study will give them an overview of the Juvenile Justice and Welfare System. Also, this will enable them to ponder on and reevaluate their parenting styles.

Social Workers . This will help them to determine certain discrepancies in their implementation procedures. Moreover, this study will equip them to plan and formulate strategies that would be beneficial to the general public.

Future Researchers . This study may provide them with helpful information that they may use as reference in their own researches.

METHODOLOGY

Research Design

This study used descriptive research design. A descriptive research study is a purposive process of data gathering, analyzing and classifying about prevailing conditions, practice, beliefs, processes, trends, and cause-effect relationships and then adequate and accurate interpretation about such data with or without aid of statistical treatment. This was used to determine the trend in the increasing number of juvenile cases in Bacolod City; as well as to provide the researchers the composition and types of crimes and offenses normally committed.

Data Gathering Procedure

A request letter authorized by the researchers’ professor was used to acquire the necessary data related to Juvenile cases, the researchers personally went to the City Social Welfare and Development Office to request for the collection of data. With the recommendation made by the City Social Welfare and Development Office, the researchers were forwarded to the Social Development Center in Taculing, for the said center has the raw and extensive compilation of juvenile cases.

Upon arrival in the Social Development Center in Taculing, the researchers requested a copy of the necessary data available, starting from 2011 up to 2016. After the data was handed out to the researchers, the assigned Public Employee discussed in detail the meaning of the numbers found in the data and the unfamiliar terms to the researchers.

RESULTS AND DISCUSSIONS

The researchers were able to gather the data from the Social Development Center (SDC) in Bacolod City regarding juvenile cases.

Figure 1. Trend in the Total Number of Juveniles Served

Having the necessary data gathered, Figure 1 shows that Juvenile cases in Bacolod City is generally in an upward trend from more than 1200 cases in 2011 to 1800 cases in 2016 although there was a decrease in the year 2015.

Figure 2. Composition of the Total Number of Juveniles Served

Figure 3. Gender Composition of Juveniles Served Per Year

Figure 3 above shows a classification of Juvenile cases from years 2011 to 2016 as to the gender of the offenders. Majority if not all of the cases per year were committed by male juveniles.                                                                      

Figure 4. Composition of Actual Admissions and Re-admissions for 2011

Figure 4 above shows that in 2011, 80% of the total cases are committed by new offenders and the remaining 20% are re-admission cases.

Figure 5. Composition of Actual Admissions and Re-admissions for 2012

As shown in Figure 5 above, 60% of the total cases in 2012 are committed by new offenders and the remaining 40% are re-admission cases.

Figure 6. Composition of Actual Admissions and Re-admissions for 2013

Figure 6 shows that in 2013, 54% of the total cases are new juvenile cases and the remaining 46% are re-admission cases.

Figure 7. Composition of Actual Admissions and Re-admissions for 2014

Figure 7 shows the Composition of Actual Admissions and Re-admissions for 2014 and that 55% of the total cases are new juvenile cases and the remaining 45% are re-admission cases.

Figure 8. Composition of Actual Admissions and Re-admissions for 2015

As shown in Figure 8 above, 60% of the total cases in 2015 are committed by new offenders and the remaining 40% are re-admission cases.

Figure 9. Composition of Actual Admissions and Re-admissions for 2016

The gathered data as shown in Figure 9, reveals that in 2011, 40% of the total cases are new juvenile cases and the remaining 60% are re-admission cases.

Figure 10. Top 5 Most Committed Crimes by Juveniles, 2011

An analysis from the data gathered with respect to year 2011, Figure 10 reveals that the crime of theft is the number one crime committed in Bacolod City. The second the offense committed by some defendants is the violation of illegal possession of firearms. The use of rugby as the third with 50 offenders out of the total Juvenile offenders. Fourth is the violation of curfew ordinance and the last; cases which are related to alarms and scandal.

Figure 11. Top 5 Most Committed Crimes by Juveniles, 2012

An analysis from the data gathered with respect to year 2012, revealed that the crime of theft is the number one crime committed in Bacolod City. Second, offenses committed in violation of curfew ordinance. Third, offenses committed in violation of illegal possession of firearms. Fourth, the crime of rugby with 37 offenders out of the total Juvenile offenders. Lastly, cases which are related to alarm scandal.

Figure 12. Top 5 Most Committed Crimes by Juveniles, 2013

An analysis from the data gathered with respect to year 2013, revealed that the crime of theft is the number one crime committed in Bacolod City. Second, offenses committed in violation of rugby. Third, offenses committed in violation of curfew ordinance. Fourth, the offenses related to safekeeping cases with 37 offenders out of the total Juvenile offenders. Lastly, cases which are related to Physical Injuries.

Figure 13. Top 5 Most Committed Crimes by Juveniles, 2014

An analysis from the data gathered with respect to year 2014, revealed that the crime of theft is the number one crime committed in Bacolod City. Second, offenses committed in violation of rugby. Third, offenses committed in violation of curfew cases. Fourth, the offenses related to alarm scandal with 38 offenders out of the total Juvenile offenders. Lastly, cases in violation of illegal possession of firearms.

Figure 14. Top 5 Most Committed Crimes by Juveniles, 2015

An analysis from the data gathered with respect to year 2015, revealed that the crime of theft is the number one crime committed in Bacolod City. Second, offenses committed in violation of curfew ordinance. Third, offenses committed in violation of illegal possession of firearms. Fourth, cases related to safekeeping with 26 offenders out of the total Juvenile offenders. Lastly, cases which are related to rugby.

Figure 15. Top 5 Most Committed Crimes by Juveniles, 2016

An analysis from the data gathered with respect to year 2016, revealed that the curfew cases are the number one crime committed in Bacolod City. Second, the crime of theft with a 50 offenders. Third, offenses committed in violation of illegal possession of firearms. Fourth, cases related to safekeeping. Lastly, cases which are related to rugby.

Figure 16. Total Percentages of those Discharged, Escaped, and Carried Over, 2011

Based on the data obtained, Figure 16 shows that 53% of the total offenders in 2011 were discharged, 34% were carried over and 13% escaped from the social welfare facility.

Figure 17. Total Percentages of those Discharged, Escaped, and Carried Over, 2012

Based on the data obtained Figure 17 shows that 48% of the total children in conflict with the law in 2012 were discharged, 40% were carried over and 12% has escaped from the social welfare facility in Bacolod City.

Figure 18. Total Percentages of those Discharged, Escaped, and Carried Over, 2013

Figure 18 above shows that 68% of the total child offenders in 2013 were discharged, 15% were carried over and 17% has escaped from the social welfare facility in Bacolod City.

Figure 19. Total Percentages of those Discharged, Escaped, and Carried Over, 2014

Based on the data obtained, Figure 19 shows that 51% of the total offenders in 2014 were discharged, 45% were carried over and onlu 4% has escaped from the social welfare facility in Bacolod City.

Figure 20. Total Percentages of those Discharged, Escaped, and Carried Over, 2015

Based on the data obtained, Figure 20 shows that 36% of the total child offenders in 2015 were discharged, 58% were carried over and only 6% has escaped from the social welfare facility.

Figure 21. Total Percentages of those Discharged, Escaped, and Carried Over, 2016

Based on the data obtained, the summary showed that 29% of the total offenders in 2016 were discharged, 65% were carried over and 6% has escaped from the social welfare facility in Bacolod City.

CONCLUSIONS AND RECOMMENDATIONS

• There is generally an increasing trend in the number of juvenile cases recorded in Bacolod City from the years 2011 to 2016. Although there is a decrease in number in the year 2015, the subsequent increase then in 2016 has overpowered that fact. The DSWD has observed that these children come from poor families and that they are out of school.
• Based on the results, children in conflict with the law admitted in the social welfare facility in Bacolod City every year are noticeably composed of males. Only a very small percentage is composed of females every year. As to the re-admissions annually, the percentage is material enough since it ranges from 20% of the total admissions up to 60%.
• Of all the years from 2011 to 2015 considered, the most committed crime is theft. However in 2016, it was the violation of the curfew that was on top. In most of the covered years, involvement in Alarms and Scandals, Illegal possession of firearms and the use of Rugby was always on the list.
• At the end of the month every year, those admitted are either carried over, discharged or has escaped from the social welfare facility. In the information gathered there is no trend existing since results every year are unalike. However every month of every year, there are always escapees. Large percentages are discharged due to some positive reasons and some are carried over to undergo further discipline.

Based on the conclusions derived above, the following recommendations have been made for the significant users of information:

For the legislators, the researchers believe that there is no need of any amendments to the law at this point in time. The researchers understand that the intent of legislators are noble enough to uphold the welfare of Filipino children, offender or not. Although the Minimum Age of Criminal Responsibility may still be considered practical as of the moment, it is recommended by the researchers that lawmakers must still make themselves equipped and updated in order for their intent not to be defeated.

For the Parents, the researchers believe that the primary and essential values in life are learned within the household, which the government cannot encroach upon. Thus, parents contribute a large factor on the development of their children’s discernment. This study revealed that the crimes committed are not that grave, with theft leading as the most committed crime. The researchers thus recommend that parents should take extra effort in nurturing their children. If proper nurturing be applied by parents, juvenile crimes may be lessened if not wholly prevented. It is because the crimes mostly committed by children in conflict with the law only involves the lack of discipline among them.

For the Social Workers, the researchers believe and are one with the remedy of strict and proper implementation of the law which is in their hands.

As to the matter of discernment, it is revealed that a large number of offenders are re-admitted or has escaped. It is not however a sign nor a confirmation of the existence of discernment among those children. The United Nations Children’s Emergency Fund (Unicef) , citing studies, said “adolescents’ brain function reach maturity only at around 16 years old, affecting their reasoning abilities and impulse control.

With the existence of re-admissions and escapees, it is recommended by the researchers that those in charge of the children be more strict and passionate with their work in order for re-admissions and escapees to be avoided. The youth is the future of the country and they have vast horizons awaiting. Change is always possible and the ones who can help them are social workers authorized for their rehabilitation, especially by those children neglected by their families. A DSWD representative said that “gaps (in implementation) might be due to the lack of information among local officers, even if there are already numerous capacity-building events conducted, lack of interest, or as simple as overloading of social and barangay workers, exacerbate the problem.”.

Lastly, this study considers the trend in the implementation of the law. It is therefore recommended that this study be continued or supplemented by future researchers in order to widen the scope of the subject. If given further time range, the results would be more reflective, and the lapses be more noticeable.

BIBLIOGRAPHY

Criminal Liability [Def. 1]. (n.d.). Cambridge Dictionary Online. In Cambridge Business English Dictionary. Retrieved November 30, 2017, from https://dictionary.cambridge.org/dictionary/english/criminal-liability .

Children’s Legal Rights and Development Center, Inc. [Web log post]. (2012, November 23). Retrieved from https://clrdc.wordpress.com/category/statement-2/juvenile-justice-and-welfare-act-of-2006-r-a-9344/ .

Elemia, C. (2016, November 14). Children in conflict with the law: Cracks in Juvenile Justice Act. Retrieved from https://www.rappler.com/newsbreak/in-depth/152185-problems-juvenile-justice-law-cicl .

An Act Revising the Penal Code and Other Penal Laws (Act no. 3815). Chan Robles Online. In Chan Robles Virtual Law Library. Retrieved December 18, 2017, from http://www.chanrobles.com/revisedpenalcodeofthephilippinesbook1.htm#.WlsDyK6nHIV .

Republic Act no. 10630. Philippine Laws and Jurisprudence Databank. In LAWPHiL Project. Retrieved November 25, 2017, from http://www.lawphil.net/statutes/repacts/ra2013/ra_10630_2013.html .

Republic Act no. 9344. Philippine Laws and Jurisprudence Databank. In LAWPHiL Project. Retrieved November 25, 2017, from http://www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html .

College of Law

University of St. La Salle

Bacolod City

December 9, 2017

We are 1 st year law students of the University of St. La Salle and are currently working on a research as required in our course. Our study is about whether the minimum age of criminal responsibility as laid down in Republic Act 9344 Section 6 would still be applicable and practical in today’s generation.

With the consent of our professor, Atty. Jocelle Batapa-Sigue, we would like to request for data from your respectable office. Specifically the number of juvenile cases within Bacolod City, the crimes involved, and the ages of the offenders from years 2007 to 2016 . Also, we would like to ask some questions as to the current status of the implementation of Republic Act 9344.

Your aid will be greatly appreciated and will be treated with utmost confidentiality. Thank you for your kind consideration.

Very truly yours,

John Emmer Gamo             Victoria Veronica Azurin

Approved by:

Atty. Jocelle Batapa-Sigue

Article 12. Circumstances which exempt from criminal liability, The Revised Penal Code, Book I

Art. 12.  Circumstances which exempt from criminal liability . — the following are exempt from criminal liability:

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. 80.

4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

5. Any person who act under the compulsion of irresistible force.

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.chanrobles virtual law library

7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.

Republic Act No. 9344

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled :

TITLE I GOVERNING PRINCIPLES

CHAPTER 1 TITLE, POLICY AND DEFINITION OF TERMS

Section 1.  Short Title and Scope.  – This Act shall be known as the  “Juvenile Justice and Welfare Act of 2006.”  It shall cover the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration.

SEC. 2.  Declaration of State Policy.  – The following State policies shall be observed at all times:

(a) The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

(b) The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency.

(c) The State likewise recognizes the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development.

(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, taking into account the child’s age and desirability of promoting his/her reintegration. Whenever appropriate and desirable, the State shall adopt measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care.

(e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent with the protection of the rights of children belonging to these communities.

(f) The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in conflict with the law.

SEC. 3.  Liberal Construction of this Act.  – In case of doubt, the interpretation of any of the provisions of this Act, including its implementing rules and regulations (IRRs), shall be construed liberally in favor of the child in conflict with the law.

SEC. 4.  Definition of Terms.  – The following terms as used in this Act shall be defined as follows:

(a) “Bail” refers to the security given for the release of the person in custody of the law, furnished by him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form of corporate security, property bond, cash deposit, or recognizance.

(b) “Best Interest of the Child” refers to the totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child’s physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child.

(e) “Child” refers to a person under the age of eighteen (18) years.

(d) “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:

(1) being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;

(2) being exploited including sexually or economically;

(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found;

(4) coming from a dysfunctional or broken family or without a parent or guardian;

(5) being out of school;

(6) being a streetchild;

(7) being a member of a gang;

(8) living in a community with a high level of criminality or drug abuse; and

(9) living in situations of armed conflict.

(e) “Child in Conflict with the Law” refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.

(f) “Community-based Programs” refers to the programs provided in a community setting developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community.

(g) “Court” refers to a family court or, in places where there are no family courts, any regional trial court.

(h) “Deprivation of Liberty” refers to any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority.

(i) “Diversion” refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings.

(j) “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.

(k) “Initial Contact With-the Child” refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody.

(I) “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.

(m) “Juvenile Justice and Welfare System” refers to a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development.

(n) “Law Enforcement Officer” refers to the person in authority or his/her agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod.

(0) “Offense” refers to any act or omission whether punishable under special laws or the Revised Penal Code, as amended.

(p) “Recognizance” refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law, when required.

(q) “Restorative Justice” 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.

(r) “Status Offenses” refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like.

(s) “Youth Detention Home” refers to a 24-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

(t) “Youth Rehabilitation Center” refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them.

(u) “Victimless Crimes” refers to offenses where there is no private offended party.

CHAPTER 2 PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

SEC. 5.  Rights of the Child in Conflict with the Law.  – Every child in conflict with the law shall have the following rights, including but not limited to:

(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;

(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release;

(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a disposition of last resort, and which shall be for the shortest appropriate period of time;

(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes into account the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances;

(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action;

(f) the right to bail and recognizance, in appropriate cases;

(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness;

(h) the right to have his/her privacy respected fully at all stages of the proceedings;

(i) the right to diversion if he/she is qualified and voluntarily avails of the same;

(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty;

(I) in general, the right to automatic suspension of sentence;

(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;

(n) the right to be free from liability for perjury, concealment or misrepresentation; and

(o) other rights as provided for under existing laws, rules and regulations.

The State further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice or “Beijing Rules”, United Nations Guidelines for the Prevention of Juvenile Delinquency or the “Riyadh Guidelines”, and the United Nations Rules for the Protection of Juveniles Deprived of Liberty.

SEC. 6.  Minimum Age of Criminal Responsibility.  – 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.

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.

The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.

SEC. 7.  Determination ofAge.  – The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child’s birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.

Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties.

If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.

In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law.

TITLE II STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

SEC. 8.  Juvenile Justice and Welfare Council (JJWC).  – A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development. It shall ensure the effective implementation of this Act and coordination among the following agencies:

(a) Council for the Welfare of Children (CWC);

(b) Department of Education (DepEd);

(c) Department of the Interior and Local Government (DILG);

(d) Public Attorney’s Office (PAO);

(e) Bureau of Corrections (BUCOR);

(f) Parole and Probation Administration (PPA)

(g) National Bureau of Investigation (NBI);

(h) Philippine National Police (PNP);.

(i) Bureau of Jail Management and Penology (BJMP);

(i) Commission on Human Rights (CHR);

(k) Technical Education and Skills Development Authority (TESDA);

(l) National Youth Commission (NYC); and

(m) Other institutions focused on juvenile justice and intervention programs.

The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be designated by the concerned heads of the following departments or agencies:

(a) Department of Justice (DOJ);

(b) Department of Social Welfare and Development (DSWD);

(c) Council for the Welfare of Children (CWC)

(d) Department of Education (DepEd);

(e) Department of the Interior and Local Government (DILG)

(f) Commission on Human Rights (CHR);

(g) National Youth Commission (NYC); and

(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and the other to be designated by the Secretary of Social Welfare and Development.

The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Justice and the Secretary of Social Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC.

The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties and functions, as herein provided.

SEC. 9.  Duties and Functions of the JJWC.  – The JJWC shall have the following duties and functions:

(a) To oversee the implementation of this Act;

(b) To advise the President on all matters and policies relating to juvenile justice and welfare;

(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the formulation of new ones in line with the provisions of this Act;

(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the participation of government agencies concerned, NGOs and youth organizations;

(e) To coordinate the implementation of the juvenile intervention programs and activities by national government agencies and other activities which may have an important bearing on the success of the entire national juvenile intervention program. All programs relating to juvenile justice and welfare shall be adopted in consultation with the JJWC;

(f) To formulate and recommend policies and strategies in consultation with children for the prevention of juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of the children in conflict with the law;

(g) To collect relevant information and conduct continuing research and support evaluations and studies on all matters relating to juvenile justice and welfare, such as but not limited to:

(1) the performance and results achieved by juvenile intervention programs and by activities of the local government units and other government agencies;

(2) the periodic trends, problems and causes of juvenile delinquency and crimes; and

(3) the particular needs of children in conflict with the law in custody.

The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and welfare system.

The JJWC shall set up a mechanism to ensure that children are involved in research and policy development.

(h) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary recommendations to appropriate agencies;

(i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program;

(j) To submit an annual report to the President on the implementation of this Act; and

(k) To perform such other functions as may be necessary to implement the provisions of this Act.

SEC. 10.  Policies and Procedures on Juvenile Justice and Welfare.  – All government agencies enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) year from the effectivity of this Act, draft policies and procedures consistent with the standards set in the law. These policies and procedures shall be modified accordingly in consultation with the JJWC upon the completion of the national juvenile intervention program as provided under Section 9 (d).

SEC. 11.  Child Rights Center (CRC).  – The existing Child Rights Center of the Commission on Human Rights shall ensure that the status, rights and interests of children are upheld in accordance with the Constitution and international instruments on human rights. The CHR shall strengthen the monitoring of government compliance of all treaty obligations, including the timely and regular submission of reports before the treaty bodies, as well as the implementation and dissemination of recommendations and conclusions by government agencies as well as NGOs and civil society.

TITLE III PREVENTION OF JUVENILE DELINQUENCY

CHAPTER 1 THE ROLE OF THE DIFFERENT SECTORS

SEC. 12.  The Family.  – The family shall be responsible for the primary nurturing and rearing of children which is critical in delinquency prevention. As far as practicable and in accordance with the procedures of this Act, a child in conflict with the law shall be maintained in his/her family.

SEC. 13.  The Educational System.  – Educational institutions shall work together with families, community organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of child in conflict with the law. Schools shall provide adequate, necessary and individualized educational schemes for children manifesting difficult behavior and children in conflict with the law. In cases where children in conflict with the law are taken into custody or detained in rehabilitation centers, they should be provided the opportunity to continue learning under an alternative learning system with basic literacy program or non- formal education accreditation equivalency system.

SEC. 14.  The Role of the Mass Media.  – The mass media shall play an active role in the promotion of child rights, and delinquency prevention by relaying consistent messages through a balanced approach. Media practitioners shall, therefore, have the duty to maintain the highest critical and professional standards in reporting and covering cases of children in conflict with the law. In all publicity concerning children, the best interest of the child should be the primordial and paramount concern. Any undue, inappropriate and sensationalized publicity of any case involving a child in conflict with the law is hereby declared a violation of the child’s rights.

SEC. 15.  Establishment and Strengthening of Local Councils for the Protection of Children.  – Local Councils for the Protection of Children (LCPC) shall be established in all levels of local government, and where they have already been established, they shall be strengthened within one (1) year from the effectivity of this Act. Membership in the LCPC shall be chosen from among the responsible members of the community, including a representative from the youth sector, as well as representatives from government and private agencies concerned with the welfare of children.

The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for the adoption of a comprehensive plan on delinquency prevention, and to oversee its proper implementation.

One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be allocated for the strengthening and implementation of the programs of the LCPC: Provided, That the disbursement of the fund shall be made by the LGU concerned.

SEC. 16.  Appointment of Local Social Welfare and Development Officer.  – All LGUs shall appoint a duly licensed social worker as its local social welfare and development officer tasked to assist children in conflict with the law.

SEC. 17.  The Sangguniang Kabataan.  – The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the formulation and implementation of juvenile intervention and diversion programs in the community.

CHAPTER 2 COMPREHENSIVE JUVENILE INTERVENTION PROGRAM

SEC. 18.  Development of a Comprehensive Juvenile Intervention Program.  – A Comprehensive juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the barangay to the provincial level.

The LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their annual budget.

The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly the child-focused institutions, NGOs, people’s organizations, educational institutions and government agencies involved in delinquency prevention to participate in the planning process and implementation of juvenile intervention programs. Such programs shall be implemented consistent with the national program formulated and designed by the JJWC. The implementation of the comprehensive juvenile intervention program shall be reviewed and assessed annually by the LGUs in coordination with the LCPC. Results of the assessment shall be submitted by the provincial and city governments to the JJWC not later than March 30 of every year.

SEC. 19.  Community-based Programs on Juvenile Justice and Welfare.  – Community-based programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC, school, youth organizations and other concerned agencies. The LGUs shall provide community-based services which respond to the special needs, problems, interests and concerns of children and which offer appropriate counseling and guidance to them and their families. These programs shall consist of three levels:

(a) Primary intervention includes general measures to promote social justice and equal opportunity, which tackle perceived root causes of offending;

(b) Secondary intervention includes measures to assist children at risk; and

(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending.

TITLE IV TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY

SEC. 20.  Children Below the Age of Criminal Responsibility.  – If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known as “The Child and Youth Welfare Code”.

TITLE V JUVENILE JUSTICE AND WELFARE SYSTEM

CHAPTER I INITIAL CONTACT WITH THE CHILD

SEC. 21.  Procedure for Taking the Child into Custody.  – From the moment a child is taken into custody, the law enforcement officer shall:

(a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under custody and the offense that he/she allegedly committed;

(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her;

(e) Properly identify himself/herself and present proper identification to the child;

(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child in conflict with the law;

(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all other methods of control have been exhausted and have failed;

(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her apprehension;

(g) Avoid violence or unnecessary force;

(h) Determine the age of the child pursuant to Section 7 of this Act;

(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the Social Welfare and Development Office or other accredited NGOs, and notify the child’s apprehension. The social welfare and development officer shall explain to the child and the child’s parents/guardians the consequences of the child’s act with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;

(j) Take the child immediately to the proper medical and health officer for a thorough physical and mental examination. The examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever the medical treatment is required, steps shall be immediately undertaken to provide the same;

(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters separate from that of the opposite sex and adult offenders;

(l) Record the following in the initial investigation:

1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;

2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the apprehension and the details thereof; and

3. The exhaustion of measures to determine the age of a child and the precise details of the physical and medical examination or the failure to submit a child to such examination; and

(m) Ensure that all statements signed by the child during investigation shall be witnessed by the child’s parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement.

A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell.

SEC. 22.  Duties During Initial Investigation.  – The law enforcement officer shall, in his/her investigation, determine where the case involving the child in conflict with the law should be referred.

The taking of the statement of the child shall be conducted in the presence of the following: (1) child’s counsel of choice or in the absence thereof, a lawyer from the Public Attorney’s Office; (2) the child’s parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and development officer. In the absence of the child’s parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation shall be conducted in the presence of a representative of an NGO, religious group, or member of the BCPC.

After the initial investigation, the local social worker conducting the same may do either of the following:

(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but below eighteen (18) years old, who acted without discernment; and

(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed to diversion under the following chapter.

CHAPTER 2 DIVERSION

SEC. 23.  System of Diversion.  – Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided:

(a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment, the law enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer or other members of the LCPC shall conduct mediation, family conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program. The child and his/her family shall be present in these activities.

(b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the local social welfare and development officer shall meet with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program, in coordination with the BCPC;

(c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion measures may be resorted to only by the court.

SEC. 24.  Stages Where Diversion May be Conducted.  – Diversion may be conducted at the Katarungang Pambarangay, the police investigation or the inquest or preliminary investigation stage and at all 1evels and phases of the proceedings including judicial level.

SEC. 25.  Conferencing, Mediation and Conciliation.  – A child in conflict with law may undergo conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said system. A contract of diversion may be entered into during such conferencing, mediation or conciliation proceedings.

SEC. 26.  Contract of Diversion.  – If during the conferencing, mediation or conciliation, the child voluntarily admits the commission of the act, a diversion program shall be developed when appropriate and desirable as determined under Section 30. Such admission shall not be used against the child in any subsequent judicial, quasi-judicial or administrative proceedings. The diversion program shall be effective and binding if accepted by the parties concerned. The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities. The local social welfare and development officer shall supervise the implementation of the diversion program. The diversion proceedings shall be completed within forty-five (45) days. The period of prescription of the offense shall be suspended until the completion of the diversion proceedings but not to exceed forty-five (45) days.

The child shall present himself/herself to the competent authorities that imposed the diversion program at least once a month for reporting and evaluation of the effectiveness of the program.

Failure to comply with the terms and conditions of the contract of diversion, as certified by the local social welfare and development officer, shall give the offended party the option to institute the appropriate legal action.

The period of prescription of the offense shall be suspended during the effectivity of the diversion program, but not exceeding a period of two (2) years.

SEC. 27.  Duty of the Punong Barangay When There is No Diversion.  – If the offense does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Punong Barangay handling the case shall, within three (3) days from determination of the absence of jurisdiction over the case or termination of the diversion proceedings, as the case may be, forward the records of the case of the child to the law enforcement officer, prosecutor or the appropriate court, as the case may be. Upon the issuance of the corresponding document, certifying to the fact that no agreement has been reached by the parties, the case shall be filed according to the regular process.

SEC. 28.  Duty of the Law Enforcement Officer When There is No Diversion.  – If the offense does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Women and Children Protection Desk of the PNP, or other law enforcement officer handling the case of the child under custody, to the prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation to determine whether or not the child should remain under custody and correspondingly charged in court. The document transmitting said records shall display the word “CHILD” in bold letters.

SEC. 29.  Factors in Determining Diversion Program.  – In determining whether diversion is appropriate and desirable, the following factors shall be taken into consideration:

(a) The nature and circumstances of the offense charged;

(b) The frequency and the severity of the act;

(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);

(d) The influence of the family and environment on the growth of the child;

(e) The reparation of injury to the victim;

(f) The weight of the evidence against the child;

(g) The safety of the community; and

(h) The best interest of the child.

SEC. 30.  Formulation of the Diversion Program.  – In formulating a diversion program, the individual characteristics and the peculiar circumstances of the child in conflict with the law shall be used to formulate an individualized treatment.

The following factors shall be considered in formulating a diversion program for the child:

(a) The child’s feelings of remorse for the offense he/she committed;

(b) The parents’ or legal guardians’ ability to guide and supervise the child;

(c) The victim’s view about the propriety of the measures to be imposed; and

(d) The availability of community-based programs for rehabilitation and reintegration of the child.

SEC. 31.  Kinds of Diversion Programs.  – The diversion program shall include adequate socio-cultural and psychological responses and services for the child. At the different stages where diversion may be resorted to, the following diversion programs may be agreed upon, such as, but not limited to:

(a) At the level of the Punong Barangay:

(1) Restitution of property;

(2) Reparation of the damage caused;

(3) Indemnification for consequential damages;

(4) Written or oral apology;

(5) Care, guidance and supervision orders;

(6) Counseling for the child in conflict with the law and the child’s family;

(7)Attendance in trainings, seminars and lectures on:

(i) anger management skills;

(ii) problem solving and/or conflict resolution skills;

(iii) values formation; and

(iv) other skills which will aid the child in dealing with situations which can lead to repetition of the offense;

(8) Participation in available community-based programs, including community service; or

(9) Participation in education, vocation and life skills programs.

(b) At the level of the law enforcement officer and the prosecutor:

(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and

(2) Confiscation and forfeiture of the proceeds or instruments of the crime;

(c) At the level of the appropriate court:

(1) Diversion programs specified under paragraphs(a)and (b) above;

(2) Written or oral reprimand or citation;

(4) Payment of the cost of the proceedings; or

(5) Institutional care and custody.

CHAPTER 3 PROSECUTION

SEC. 32.  Duty of the Prosecutor’s Office.  – There shall be a specially trained prosecutor to conduct inquest, preliminary investigation and prosecution of cases involving a child in conflict with the law. If there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or detention, it shall be the duty of the prosecutor to investigate the same.

SEC. 33.  Preliminary Investigation and Filing of Information.  – The prosecutor shall conduct a preliminary investigation in the following instances: (a) when the child in conflict with the law does not qualify for diversion: (b) when the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; and (c) when considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the law.

Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney’s Office of such service, as well as the personal information, and place of detention of the child in conflict with the law.

Upon determination of probable cause by the prosecutor, the information against the child shall be filed before the Family Court within forty-five (45) days from the start of the preliminary investigation.

CHAPTER 4 COURT PROCEEDINGS

SEC. 34.  Bail.  – For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered.

SEC. 35.  Release on Recognizance.  – Where a child is detained, the court shall order:

(a) the release of the minor on recognizance to his/her parents and other suitable person;

(b) the release of the child in conflict with the law on bail; or

(c) the transfer of the minor to a youth detention home/youth rehabilitation center.

The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.

SEC. 36.  Detention of the Child Pending Trial.  – Children detained pending trial may be released on bail or recognizance as provided for under Sections 34 and 35 under this Act. In all other cases and whenever possible, detention pending trial may be replaced by alternative measures, such as close supervision, intensive care or placement with a family or in an educational setting or home. Institutionalization or detention of the child pending trial shall be used only as a measure of last resort and for the shortest possible period of time.

Whenever detention is necessary, a child will always be detained in youth detention homes established by local governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where the child resides.

In the absence of a youth detention home, the child in conflict with the law may be committed to the care of the DSWD or a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the court. The center or agency concerned shall be responsible for the child’s appearance in court whenever required.

SEC. 37.  Diversion Measures.  – Where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court shall determine whether or not diversion is appropriate.

SEC. 38.  Automatic Suspension of Sentence.  – Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application:  Provided ,  however , That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt.

Upon suspension of sentence and after considering the various chcumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.

SEC. 39.  Discharge of the Child in Conflict with the Law.  – Upon the recommendation of the social worker who has custody of the child, the court shall dismiss the case against the child whose sentence has been suspended and against whom disposition measures have been issued, and shall order the final discharge of the child if it finds that the objective of the disposition measures have been fulfilled.

The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense, which shall be enforced in accordance with law.

SEC. 40.  Return of the Child in Conflict with the Law to Court.  – If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall be brought before the court for execution of judgment.

If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years.

SEC. 41.  Credit in Service of Sentence.  – The child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention under this Act.

SEC. 42.  Probation as an Alternative to Imprisonment.  – The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in lieu of service of his/her sentence taking into account the best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise known as the “Probation Law of 1976”, is hereby amended accordingly.

CHAPTER 5 CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

SEC. 43.  Confedentiality of Records and Proceedings.  – All records and proceedings involving children in conflict with the law from initial contact until final disposition of the case shall be considered privileged and confidential. The public shall be excluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever, except to determine if the child in conflict with the law may have his/hes sentence suspended or if he/she may be granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action.

The component authorities shall undertake all measures to protect this confidentiality of proceedings, including non-disclosure of records to the media, maintaining a separate police blotter for cases involving children in conflict with the law and adopting a system of coding to conceal material information which will lead to the child’s identity. Records of a child in conflict with the law shall not be used in subsequent proceedings for cases involving the same offender as an adult, except when beneficial for the offender and upon his/her written consent.

A person who has been in conflict with the law as a child shall not be held under any provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made to him/her for any purpose.

TITLE VI REHABILITATION AND REINTEGRATION

SEC. 44.  Objective of Rehabilitation and Reintegration.  – The objective of rehabilitation and reintegration of children in conflict with the law is to provide them with interventions, approaches and strategies that will enable them to improve their social functioning with the end goal of reintegration to their families and as productive members of their communities.

SEC. 45.  Court Order Required.  – No child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing for the purpose. The details of this order shall be immediately entered in a register exclusively for children in conflict with the law. No child shall be admitted in any facility where there is no such register.

SEC. 46,  Separate Facilities from Adults.  – In all rehabilitation or training facilities, it shall be mandatory that children shall be separated from adults unless they are members of the same family. Under no other circumstance shall a child in conflict with the law be placed in the same confinement as adults.

The rehabilitation, training or confinement area of children in conflict with the law shall provide a home environment where children in conflict with the law can be provided with quality counseling and treatment.

SEC. 47.  Female Children.  – Female children in conflict with the law placed in an institution shall be given special attention as to their personal needs and problems. They shall be handled by female doctors, correction officers and social workers, and shall be accommodated separately from male children in conflict with the law.

SEC. 48.  Gender-Sensitivity Training.  – No personnel of rehabilitation and training facilities shall handle children in conflict with the law without having undergone gender sensitivity training.

SEC. 49.  Establishment of Youth Detention Homes.  – The LGUs shall set aside an amount to build youth detention homes as mandated by the Family Courts Act. Youth detention homes may also be established by private and NGOs licensed and accredited by the DSWD, in consultation with the JJWC.

SEC. 50.  Care and Maintenance of the Child in Conflict with the Law.  – The expenses for the care and maintenance of a child in conflict with the law under institutional care shall be borne by his/her parents or those persons liable to support him/her:  Provided , That in case his/her parents or those persons liable to support him/her cannot pay all or part of said expenses, the municipality where the offense was committed shall pay one-third (1/3) of said expenses or part thereof; the province to which the municipality belongs shall pay one-third (1/3) and the remaining one-third (1/3) shall be borne by the national government. Chartered cities shall pay two-thirds (2/3) of said expenses; and in case a chartered city cannot pay said expenses, part of the internal revenue allotments applicable to the unpaid portion shall be withheld and applied to the settlement of said obligations:  Provided ,  further , That in the event that the child in conflict with the law is not a resident of the municipality/city where the offense was committed, the court, upon its determination, may require the city/municipality where the child in conflict with the law resides to shoulder the cost.

All city and provincial governments must exert effort for the immediate establishment of local detention homes for children in conflict with the law.

SEC. 51.  Confinement of Convicted Children in Agricultural Camps and other Training Facilities.  – A child

in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD.

SEC. 52.  Rehabilitation of Children in Conflict with the Law.  – Children in conflict with the law, whose sentences are suspended may, upon order of the court, undergo any or a combination of disposition measures best suited to the rehabilitation and welfare of the child as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.

If the community-based rehabilitation is availed of by a child in conflict with the law, he/she shall be released to parents, guardians, relatives or any other responsible person in the community. Under the supervision and guidance of the local social welfare and development officer, and in coordination with his/her parents/guardian, the child in conflict with the law shall participate in community-based programs, which shall include, but not limited to:

(1) Competency and life skills development;

(2) Socio-cultural and recreational activities;

(3) Community volunteer projects;

(4) Leadership training;

(5) Social services;

(6) Homelife services;

(7) Health services; .

(8) Spiritual enrichment; and

(9) Community and family welfare services.

In accordance therewith, the family of the child in conflict with the law shall endeavor to actively participate in the community-based rehabilitation.

Based on the progress of the youth in the community, a final report will be forwarded by the local social welfare and development officer to the court for final disposition of the case.

If the community-based programs are provided as diversion measures under Chapter II, Title V, the programs enumerated above shall be made available to the child in conflict with the law.

SEC. 53.  Youth Rehabilitation Center.  – The youth rehabilitation center shall provide 24-hour group care, treatment and rehabilitation services under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them in their families and communities as socially functioning individuals. A quarterly report shall be submitted by the center to the proper court on the progress of the children in conflict with the law. Based on the progress of the youth in the center, a final report will be forwarded to the court for final disposition of the case. The DSWD shall establish youth rehabilitation centers in each region of the country.

SEC. 54.  Objectives of Community Based Programs.  – The objectives of community-based programs are as follows:

(a) Prevent disruption in the education or means of livelihood of the child in conflict with the law in case he/she is studying, working or attending vocational learning institutions;

(b) Prevent separation of the child in conflict with the law from his/her parents/guardians to maintain the support system fostered by their relationship and to create greater awareness of their mutual and reciprocal responsibilities;

(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and encourage community support and involvement; and

(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail detention.

SEC. 55.  Criteria of Community-Based Programs.  – Every LGU shall establish community-based programs that will focus on the rehabilitation and reintegration of the child. All programs shall meet the criteria to be established by the JJWC which shall take into account the purpose of the program, the need for the consent of the child and his/her parents or legal guardians, and the participation of the child-centered agencies whether public or private.

SEC. 56.  After-Care Support Services for Children in Conflict with the Law.  – Children in conflict with the law whose cases have been dismissed by the proper court because of good behavior as per recommendation of the DSWD social worker and/or any accredited NGO youth rehabilitation center shall be provided after-care services by the local social welfare and development officer for a period of at least six (6) months. The service includes counseling and other community-based services designed to facilitate social reintegration, prevent re-offending and make the children productive members of the community.

TITLE VII GENERAL PROVISIONS

CHAPTER 1 EXEMPTING PROVISIONS

SEC.  57. Status Offenees.  – Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child.

SEC.  58. Offenses Not Applicable to Children.  – Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child:  Provided , That said persons shall undergo appropriate counseling and treatment program.

SEC.  59. Exemption from the Application of Death Penalty.  – The provisions of the Revised Penal Code, as amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and other special laws notwithstanding, no death penalty shall be imposed upon children in conflict with the law.

CHAPTER 2 PROHIBITED ACTS

SEC.  60. Prohibition Against Labeling and Shaming.  – In the conduct of the proceedings beginning from the initial contact with the child, the competent authorities must refrain from branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names. Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child’s class or ethnic origin.

SEC.  61. Other Prohibited Acts.  – The following and any other similar acts shall be considered prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the child in conflict with the law and therefore, prohibited:

(a) Employment of threats of whatever kind and nature;

(b) Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and solitary confinement;

(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads, pouring irritating, corrosive or harmful substances over the body of the child in conflict with the law, or forcing him/her to walk around the community wearing signs which embarrass, humiliate, and degrade his/her personality and dignity; and

(d) Compelling the child to perform involuntary servitude in any and all forms under any and all instances.

CHAPTER 3 PENAL PROVISION

SEC.  62. Violation of the Provisions of this Act or Rules or Regulations in General.  – Any person who violates any provision of this Act or any rule or regulation promulgated in accordance thereof shall, upon conviction for each act or omission, be punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or suffer imprisonment of not less than eight (8) years but not more than ten (10) years, or both such fine and imprisonment at the discretion of the court, unless a higher penalty is provided for in the Revised Penal Code or special laws. If the offender is a public officer or employee, he/she shall, in addition to such fine and/or imprisonment, be held administratively liable and shall suffer the penalty of perpetual absolute disqualification.

CHAPTER 4 APPROPRIATION PROVISION

SEC. 63.  Appropriations.  – The amount necessary to carry out the initial implementation of this Act shall be charged to the Office of the President. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the succeeding General Appropriations Act.

An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the JJWC shall be taken from the proceeds of the Philippine Charity Sweepstakes Office.

TITLE VIII TRANSITORY PROVISIONS

SEC. 64.  Children in Conflict with the Law Fifteen (15) Years Old and Below.  – Upon effectivity of this Act, cases of children fifteen (15) years old and below at the time of the commission of the crime shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and development officer. Such officer, upon thorough assessment of the child, shall determine whether to release the child to the custody of his/her parents, or refer the child to prevention programs as provided under this Act. Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released, unless it is contrary to the best interest of the child.

SEC. 65.  Children Detained Pending Dial.  – If the child is detained pending trial, the Family Court shall also determine whether or not continued detention is necessary and, if not, determine appropriate alternatives for detention.

If detention is necessary and he/she is detained with adults, the court shall immediately order the transfer of the child to a youth detention home.

SEC. 66.  Inventory of “Locked-up” and Detained Children in Conflict with the Law.  – The PNP, the BJMP and the BUCOR are hereby directed to submit to the JJWC, within ninety (90) days from the effectivity of this Act, an inventory of all children in conflict with the law under their custody.

SEC. 67.  Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court Proceedings.  – If a child reaches the age of eighteen (18) years pending diversion and court proceedings, the appropriate diversion authority in consultation with the local social welfare and development officer or the Family Court in consultation with the Social Services and Counseling Division (SSCD) of the Supreme Court, as the case may be, shall determine the appropriate disposition. In case the appropriate court executes the judgment of conviction, and unless the child in conflict the law has already availed of probation under Presidential Decree No. 603 or other similar laws, the child may apply for probation if qualified under the provisions of the Probation Law.

SEC. 68.  Children Who Have Been Convicted and are Serving Sentence.  – Persons who have been convicted and are serving sentence at the time of the effectivity of this Act, and who were below the age of eighteen (18) years at the time the commission of the offense for which they were convicted and are serving sentence, shall likewise benefit from the retroactive application of this Act. They shall be entitled to appropriate dispositions provided under this Act and their sentences shall be adjusted accordingly. They shall be immediately released if they are so qualified under this Act or other applicable law.

TITLE IX FINAL PROVISIONS

SEC. 69.  Rule Making Power.  – The JJWC shall issue the IRRs for the implementation of the provisions of this act within ninety (90) days from the effectivity thereof.

SEC. 70.  Separability Clause.  – If, for any reason, any section or provision of this Act is declared unconstitutional or invalid by the Supreme Court, the other sections or provisions hereof not dfected by such declaration shall remain in force and effect.

SEC. 71.  Repealing Clause.  – All existing laws, orders, decrees, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 72.  Effectivity.  – This Act shall take effect after fifteen (15) days from its publication in at least two (2) national newspapers of general circulation.

REPUBLIC ACT NO. 10630

AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES, AMENDING FOR THE PURPOSE  REPUBLIC ACT NO. 9344 , OTHERWISE KNOWN AS THE “JUVENILE JUSTICE AND WELFARE ACT OF 2006” AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1.  The Title of Republic Act No. 9344 is hereby amended to read as follows: “An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile justice and Welfare Council under the Department of Social Welfare and Development, Appropriating Funds Therefor, and for Other Purposes.”

Section 2.  Section 4 of Republic Act No. 9344 is hereby amended to read as follows:

“SEC. 4.  Definition of Terms . – The following terms as used in this Act shall be defined as follows:

“x x x

“(s) ‘Bahay Pag-asa’ – refers to a 24-hour child-caring institution established, funded and managed by local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

“Part of the features of a ‘Bahay Pag-asa’ is an intensive juvenile intervention and support center. This will cater to children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof.

“A multi-disciplinary team composed of a social worker, a psychologist/mental health professional, a medical doctor, an educational/guidance counselor and a Barangay Council for the Protection of Children (BCPC) member shall operate the ‘Bahay Pag-asa’. The team will work on the individualized intervention plan with the child and the child’s family.

“x x x.”

Section 3.  Section 6 of Republic Act No. 9344 is hereby amended to read as follows:

“SEC. 6.  Minimum Age of Criminal Responsibility . – 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.

“A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her birthdate.

“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.

“The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.”

Section 4.  Section 8 of Republic Act No. 9344 is hereby amended to read as follows:

“SEC. 8.  Juvenile Justice and Welfare Council (JJWC) . – A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Social Welfare and Development and placed under its administrative supervision. The JJWC shall be chaired by an Undersecretary of the Department of Social Welfare and Development. It shall ensure the effective implementation of this Act and coordination among the following agencies:

“(a) Department of Justice (DOJ);

“(b) Council for the Welfare of Children (CWC);

“(c) Department of Education (DepED);

“(d) Department of the Interior and Local Government (DILG);

“(e) Public Attorney’s Office (PAO);

“(f) Bureau of Corrections (BUCOR);

“(g) Parole and Probation Administration (PPA);

“(h) National Bureau of Investigation (NBI);

“(i) Philippine National Police (PNP);

“(j) Bureau of Jail Management and Penology (BJMP);

“(k) Commission on Human Rights (CHR);

“(l) Technical Education and Skills Development Authority (TESDA);

“(m) National Youth Commission (NYC); and

“(n) Other institutions focused on juvenile justice and intervention programs.

“The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be designated by the concerned heads of the following departments or agencies and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations:

“(1) Department of Justice (DOJ);

“(2) Department of Social Welfare and Development (DSWD);

“(3) Council for the Welfare of Children (CWC);

“(4) Department of Education (DepED);

“(5) Department of the Interior and Local Government (DILG);

“(6) Commission on Human Rights (CHR);

“(7) National Youth Commission (NYC);

“(8) Two (2) representatives from NGOs, to be designated by the Secretary of Social Welfare and Development, to be selected based on the criteria established by the Council;

“(9) Department of Health (DOH); and

“(10) One (1) representative each from the League of Provinces, League of Cities, League of Municipalities and League of Barangays.

“There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each region. The RJJWCs will be under the administration and supervision of the JJWC. The RJJWC shall be chaired by the director of the regional office of the DSWD. It shall ensure the effective implementation of this Act at the regional and LGU levels and the coordination among its member agencies.

“The RJJWC will be composed of permanent representatives who shall have a rank not lower than an assistant regional director or its equivalent to be designated by the concerned department heads from the following agencies and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations:

“(i) Department of Justice (DOJ);

“(ii) Department of Social Welfare and Development (DSWD);

“(iii) Department of Education (DepED);

“(iv) Department of the Interior and Local Government (DILG);

“(v) Commission on Human Rights (CHR);

“(vi) Department of Health (DOH);

“(vii) Two (2) representatives from NGOs operating within the region selected by the RJJWC based on the criteria established by the JJWC;

“(viii) One (1) sectoral representative from the children or youth sector within the region; and

“(ix) One (1) representative from the League of Provinces/ Cities/ Municipalities/ Barangays of the Philippines.

“The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Social Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC national secretariat and the RJJWC secretariat.

“In the implementation of this Act, the JJWC shall consult with the various leagues of local government officials.

“The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties and functions, as herein provided.”

Section5.  Section 9 of Republic Act No. 9344 is hereby amended to read as follows:

“SEC. 9.  Duties and Functions of the JJWC . – The JJWC shall have the following duties and functions:

“(a) To oversee the implementation of this Act;

“(b) To advise the President on all matters and policies relating to juvenile justice and welfare;

“(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the formulation of new ones in line with the provisions of this Act;

“(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the participation of government agencies concerned, NGOs and youth organizations;

“(e) To coordinate the implementation of the juvenile intervention programs and activities by national government agencies and other activities which may have an important bearing on the success of the entire national juvenile intervention program. All programs relating to juvenile justice and welfare shall be adopted in consultation with the JJWC;

“(f) To consult with the various leagues of local government officials in the formulation and recommendation of policies and strategies for the prevention of juvenile delinquency and the promotion of juvenile justice and welfare;

“(g) To formulate and recommend policies and strategies in consultation with children for the prevention of juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of the children in conflict with the law;

“(h) To collect relevant information and conduct continuing research and support evaluations and studies on all matters relating to juvenile justice and welfare, such as, but not limited to:

“(1) The performance and results achieved by juvenile intervention programs and by activities of the local government units and other government agencies;

“(2) The periodic trends, problems and causes of juvenile delinquency and crimes; and

“(3) The particular needs of children in conflict with the law in custody.

“The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and welfare system.

“The JJWC shall submit an annual report to Congress on the implementation of the provisions of this Act.

“The JJWC shall set up a mechanism to ensure that children are involved in research and policy development.

“(i) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary recommendations to appropriate agencies;

“(j) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program;

“(k) To submit an annual report to the President on the implementation of this Act; and

“(l) To perform such other functions as may be necessary to implement the provisions of this Act.”

“SEC. 9-A.  Duties and Functions of the RJJWC.  – The RJJWC shall have the following duties and functions:

“(a) To oversee and ensure the effective implementation of this Act at the regional level and at the level of the LGUs;

“(b) To assist the concerned agencies in the implementation and in compliance with the JJWC’s adopted policies/regulations or provide substantial inputs to the JJWC in the formulation of new ones in line with the provisions of this Act;

“(c) To assist in the development of the comprehensive 3 to 5-year local juvenile intervention program, with the participation of concerned LGUs, NGOs and youth organizations within the region and monitor its implementation;

“(d) To coordinate the implementation of the juvenile intervention programs and activities by national government agencies and other activities within the region;

“(e) To oversee the programs and operation of the intensive juvenile intervention and support center established within the region;

“(f) To collect relevant regional information and conduct continuing research and support evaluations and studies on all matters relating to juvenile justice and welfare within the region, such as, but not limited to:

“(1) Performance and results achieved by juvenile intervention programs and by activities of the LGUs and other government agencies within the region;

“(2) The periodic trends, problems and causes of juvenile delinquency and crimes from the LGU level to the regional level; and

“(3) The particular needs of children in conflict with the law in custody within their regional jurisdiction.

“The data gathered shall be forwarded by the RJJWC to the JJWC on an annual basis and as may be deemed necessary by the JJWC.

“(g) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to conduct regular inspections in detention and rehabilitation facilities within the region and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary reports and recommendations to appropriate agencies and to the JJWC;

“(h) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program within the region;

“(i) To submit an annual report to the JJWC on the implementation of this Act; and

“(j) To perform such other functions as may be determined by the JJWC to implement the provisions of this Act.”

Section 6.  Section 20 of Republic Act No. 9344 is hereby amended to read as follows:

“SEC. 20.  Children Below the Age of Criminal Responsibility . – If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child, in consultation with the local social welfare and development officer, has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative. The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.

“The local social welfare and development officer shall determine the appropriate programs for the child who has been released, in consultation with the child and the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following:

“(a) A duly registered nongovernmental or religious organization;

“(b) A barangay official or a member of the Barangay Council for the Protection of Children (BCPC);

“(c) A local social welfare and development officer; or, when and where appropriate, the DSWD.

“If the child has been found by the local social welfare and development officer to be dependent, abandoned, neglected or abused by his/her parents and the best interest of the child requires that he/she be placed in a youth care facility or ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child:  Provided , That if the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the DSWD or the Local Social Welfare and Development Office (LSWDO) pursuant to Presidential Decree No. 603, as amended, otherwise known as ‘The Child and Youth Welfare Code’ and the Supreme Court rule on commitment of children:  Provided, further , That the minimum age for children committed to a youth care facility or ‘Bahay Pag-asa’ shall be twelve (12) years old.”

“SEC. 20-A.  Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility . – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile Intervention and Support Center (IJISC).

“In accordance with existing laws, rules, procedures and guidelines, the proper petition for involuntary commitment and placement under the IJISC shall be filed by the local social welfare and development officer of the LGU where the offense was committed, or by the DSWD social worker in the local social welfare and development officer’s absence, within twenty-four (24) hours from the time of the receipt of a report on the alleged commission of said child. The court, where the petition for involuntary commitment has been filed shall decide on the petition within seventy-two (72) hours from the time the said petition has been filed by the DSWD/LSWDO. The court will determine the initial period of placement of the child within the IJISC which shall not be less than one (1) year. The multi-disciplinary team of the IJISC will submit to the court a case study and progress report, to include a psychiatric evaluation report and recommend the reintegration of the child to his/her family or the extension of the placement under the IJISC. The multi-disciplinary team will also submit a report to the court on the services extended to the parents and family of the child and the compliance of the parents in the intervention program. The court will decide whether the child has successfully completed the center-based intervention program and is already prepared to be reintegrated with his/her family or if there is a need for the continuation of the center-based rehabilitation of the child. The court will determine the next period of assessment or hearing on the commitment of the child.”

“SEC. 20-B.  Repetition of Offenses.  – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits an offense for the second time or oftener:  Provided,  That the child was previously subjected to a community-based intervention program, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall undergo an intensive intervention program supervised by the local social welfare and development officer:  Provided, further,  That, if the best interest of the child requires that he/she be placed in a youth care facility or ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child:  Provided, finally,  That if the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as amended.”

“SEC. 20-C.  Exploitation of Children for Commission of Crimes.  – Any person who, in the commission of a crime, makes use, takes advantage of, or profits from the use of children, including any person who abuses his/her authority over the child or who, with abuse of confidence, takes advantage of the vulnerabilities of the child and shall induce, threaten or instigate the commission of the crime, shall be imposed the penalty prescribed by law for the crime committed in its maximum period.”

“SEC. 20-D.  Joint Parental Responsibility.  – Based on the recommendation of the multi-disciplinary team of the IJISC, the LSWDO or the DSWD, the court may require the parents of a child in conflict with the law to undergo counseling or any other intervention that, in the opinion of the court, would advance the welfare and best interest of the child.

“As used in this Act, ‘parents’ shall mean any of the following:

“(a) Biological parents of the child; or

“(b) Adoptive parents of the child; or

“(c) Individuals who have custody of the child.

“A court exercising jurisdiction over a child in conflict with the law may require the attendance of one or both parents of the child at the place where the proceedings are to be conducted.

“The parents shall be liable for damages unless they prove, to the satisfaction of the court, that they were exercising reasonable supervision over the child at the time the child committed the offense and exerted reasonable effort and utmost diligence to prevent or discourage the child from committing another offense.”

“SEC. 20-E.  Assistance to Victims of Offenses Committed by Children.  – The victim of the offense committed by a child and the victim’s family shall be provided the appropriate assistance and psychological intervention by the LSWDO, the DSWD and other concerned agencies.”

Section 7.  Section 22 of Republic Act No. 9344 is hereby amended to read as follows:

“SEC. 22.  Duties During Initial Investigation.  – The law enforcement officer shall, in his/her investigation, determine where the case involving the child in conflict with the law should be referred.

“The taking of the statement of the child shall be conducted in the presence of the following: (1) child’s counsel of choice or in the absence thereof, a lawyer from the Public Attorney’s Office; (2) the child’s parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and development officer. In the absence of the child’s parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation shall be conducted in the presence of a representative of an NGO, religious group, or member of the BCPC.

“The social worker shall conduct an initial assessment to determine the appropriate interventions and whether the child acted with discernment, using the discernment assessment tools developed by the DSWD. The initial assessment shall be without prejudice to the preparation of a more comprehensive case study report. The local social worker shall do either of the following:

“(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but below eighteen (18) years old, who acted without discernment; and

“(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed to diversion under the following chapter.”

Section 8.  Section 33 of Republic Act No. 9344 is hereby amended to read as follows:

“SEC. 33.  Preliminary Investigation and Filing of Information.  – The prosecutor shall conduct a preliminary investigation in the following instances: (a) when the child in conflict with the law does not qualify for diversion; (b) when the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; and (c) when considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the law.

“Upon serving the  subpoena  and the affidavit of complaint, the prosecutor shall notify the Public Attorney’s Office of such service, as well as the personal information, and place of detention of the child in conflict with the law.

“Upon determination of probable cause by the prosecutor, the information against the child shall be filed before the Family Court within forty-five (45) days from the start of the preliminary investigation. The information must allege that the child acted with discernment.”

Section 9.  Section 49 of Republic Act No. 9344 is hereby amended to read as follows:

“SEC. 49.  Establishment of ‘Bahay Pag-Asa’.  – Each province and highly-urbanized city (the LGUs) shall be responsible for building, funding and operating a ‘Bahay Pag-asa’ within their jurisdiction following the standards that will be set by the DSWD and adopted by the JJWC.

“Every ‘Bahay Pag-asa’ will have a special facility called the IJISC. This Center will be allocated for children in conflict with the law in accordance with Sections 20, 20-A and 20-B hereof. These children will be required to undergo a more intensive multi-disciplinary intervention program. The JJWC in partnership with, but not limited to, the DSWD, the DOH, the DepED and the DILG, will develop and set the standards for the implementation of the multi-disciplinary intervention program of the IJISC. Upon institutionalization of the IJISC program, the JJWC will continue to monitor and provide technical assistance to the multi-disciplinary teams operating the said centers.”

Section 10.  Section 50 of Republic Act No. 9344 is hereby amended to read as follows:

“SEC. 50.  Care and Maintenance of the Child in Conflict with the Law.  – x x x

“The LGUs expected expenditures on the local juvenile intervention program for children at risk and children in conflict with the law shall be included in the LGUs annual budget. Highly-urbanized cities and provincial governments should include a separate budget for the construction and maintenance of the ‘Bahay Pag-asa’ including the operation of the IJISC within the ‘Bahay Pag-asa’.”

Section 11.  Section 57 of Republic Act No. 9344 is hereby amended to read as follows:

“SEC. 57.  Status Offenses.  – Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child.”

“SEC. 57-A.  Violations of Local Ordinances.  – Ordinances enacted by local governments concerning juvenile status offenses such as, but not limited to, curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well as light offenses and misdemeanors against public order or safety such as, but not limited to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public urination, and trespassing, shall be for the protection of children. No penalty shall be imposed on children for said violations, and they shall instead be brought to their residence or to any barangay official at the barangay hall to be released to the custody of their parents. Appropriate intervention programs shall be provided for in such ordinances. The child shall also be recorded as a ‘child at risk’ and not as a ‘child in conflict with the law’. The ordinance shall also provide for intervention programs, such as counseling, attendance in group activities for children, and for the parents, attendance in parenting education seminars.”

Section 12.   Mandatory Registry of Children in Conflict with the Law.  – All duty-bearers, including barangay/BCPC workers, law enforcers, teachers, guidance counselors, social workers and prosecutors who will receive report, handle or refer cases of children in conflict with the law, shall ensure a faithful recordation of all pertinent information, such as age, residence, gender, crime committed or accused of and the details of the intervention or diversion, as the case may be, under which they will undergo or has undergone, of all children in conflict with the law to guarantee the correct application of the provisions of this Act and other laws. The JJWC shall lead in the establishment of a centralized information management system on children in conflict with the law. This provision is however without prejudice to Section 43 of this Act.

Section 13.  Section 63 of Republic Act No. 9344 is hereby amended to read as follows:

“SEC. 63.  Appropriations.  – The amount necessary to carry out the provisions of this Act shall be charged against the current year’s appropriations of the JJWC under the budget of the Department of Justice. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the budget of the DSWD under the annual General Appropriations Act:  Provided,  That the amount of Four hundred million pesos (P400,000,000.00) shall be appropriated for the construction of ‘Bahay Pag-asa’ rehabilitation centers in provinces or cities with high incidence of children in conflict with the law to be determined and identified by the DSWD and the JJWC on a priority basis:  Provided, further,  That the said amount shall be coursed through the Department of Public Works and Highways (DPWH) for its proper implementation.

“The LGUs concerned shall make available, from its own resources or assets, their counterpart share equivalent to the national government contribution of Five million pesos (P5,000,000.00) per rehabilitation center.

“In addition, the Council may accept donations, grants and contributions from various sources, in cash or in kind, for purposes relevant to its functions, subject to the usual government accounting and auditing rules and regulations.”

Section 14.   Implementing Rules and Regulations.  – The JJWC shall promulgate the necessary rules and regulations within sixty (60) days from the effectivity of this Act.

Section 15.   Separability Clause.  – If any provision of this Act is held unconstitutional, other provisions not affected thereby shall remain valid and binding.

Section 16.   Repealing Clause.  – All laws, decrees, ordinances and rules inconsistent with the provisions of this Act are hereby modified or repealed accordingly.

Section 17.   Effectivity Clause.  – This Act shall take effect fifteen (15) days after the completion of its publication in the  Official Gazette  or in at least two (2) national newspapers of general circulation.

This Act which is a consolidation of Senate Bill No. 3324 and House Bill No. 6052 was finally passed by the Senate and the House of Representatives on June 5, 2013.

Approved: OCT 03 2013

(Sgd.) BENIGNO S. AQUINO III President of the Philippines

All Rights Reserved. Philippines 2018.

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Published by Jocelle Batapa Sigue

ATTY. JOCELLE BATAPA-SIGUE • Named as one of The Outstanding Women in Nation’s Service of the Philippines or TOWNS for 2016 in the field of Information and Communications Technology or ICT • Positions: Past Vice President (2018) and Past President (2010-2012) and Past Trustee (2013-2017) of the National ICT Confederation of the Philippines or NICP • Founder, Former President and Current Executive Director of the Bacolod-Negros Occidental Federation for ICT or BNEFIT • Served for 3 terms as councilor of Bacolod City • Chosen as one of Asia Society Top Ten Philippines 21 Young Leaders in 2009 • Chosen as the Eisenhower Fellow of the Philippines in 2012 • Awarded as Philippine Individual Contributor of the Year during the International ICT Awards given by the Canadian Chamber of Commerce and Industry in the Philippines View all posts by Jocelle Batapa Sigue

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SOCIAL CASE STUDY REPORT SEPTEMBER 26, 2016 IDENTIFYING INFORMATION

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International Journal of Social Science and Humanities Research, 2019

This study investigated the children"s experiences of the familial stresses as a gauge of looking into their family dynamics. Primary emphasis was focused on the children"s psychological functioning in the context of their experienced stresses in their family. Creative expressive approaches were utilized to facilitate data gathering from 3 abused children who were housed in a government facility. The 3 girls suffered physical and/or sexual abuse, neglect and/or abandonment or the combinations of those. Qualitative analyses (genogram and thematic analysis) were employed to make sense of the data. Results suggested that children"s experiences of societal stresses can be ranged from intrafamilial (from "within" the family) to extrafamilial (from "without" the family). In spite of being under too much stress, children were observed to be authentic "family mirrors": they can precisely measure and showcase the family"s dynamics including emotional patterns and overall functioning in an effortless and subconscious ways. This suggested that their experiences of stress seemed to be subliminal-they have a natural way of making sense of their experiences through their sheer ability to catch and understand the emotional contents of the messages they receive from the world, albeit uncritically. Hence, children"s behavior (or misbehavior) and ineffective ways of coping from their stressful experiences, tend to be a viable measure in appraising their family"s dynamics. Furthermore, it was likewise conclusive that marital relationship seemed to be a pivotal point in the maintenance of the family equilibrium.

The law of succession in Roman Egypt: Siblings and Non-siblings disputes over inheritance In: Proceedings of the 28th International Congress of Papyrology Barcelona 1-6 August 2016, Scripta Orientalia 3, Barcelona 2019, 475-483.

Papyrus documents give evidence that in the multicultural society of Roman Egypt all children regardless their legal status inherited their father and after the SC Orfitianum of AD 178 children of Roman status could inherit their mothers. However, numerous petitions prove that various conflicts arose between family members especially about the division of parental property. For example, in P.Lond. II 177 (1st c. AD) the eldest sister of a family with her husband grabbed the paternal furniture and utensils, which also belonged to her brothers in terms of their father’s will. The conflicts between an heir and his guardian about the disposition of the inheritance are also common. In P.Oxy. XVII 2133 (4th c. AD) a daughter complains to the prefect, because her uncle-guardian deprived her of her share to the paternal inheritance in the form of dowry. While family conflicts about intestate succession and wills were a common phenomenon, the papyri give also evidence for violations of inherited property by non siblings. PSI X 1102 (3rd c. AD) preserves an important dispute about property rights between two children and three men who have stolen the property of the children’s father who died intestate. Furthermore, in P.Oxy.VII 1067 (3rd c. AD) Helen blaims her brother Petechon for neglecting the burial of their third brother and as a result a non-sibling woman inherited him. The purpose of the proposed paper is to discuss the various cases of conflicts over an inheritance between siblings and non-siblings. My interest will focus on the arguments and legal grounds used by the defendants in each case discussed with special attention paid to the differences between property claimed coming from intestate succession and testamentary disposition. By studying the various petitions to the judges, private letters or settlements and lawsuit proceedings I aim to investigate the legal and social ways in which people in Roman Egypt could protect their parental inheritance both from persons inside and outside the family.

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Case Study Thesis Statement

Ai generator.

A case study is a deep and comprehensive study of a specific subject, such as individuals, groups, or events, in their real-life context. Crafting a compelling thesis statement for a case study ensures that readers are primed to engage with the detailed analysis that follows. It sets the tone and provides a roadmap for what’s to be explored. Whether you’re examining a business scenario, a societal issue, or a psychological condition, a well-constructed thesis sets the foundation. Let’s delve into examples, writing techniques, and tips to perfect this art.

What is a Case Study Thesis Statement? – Definition

A case study thesis statement is a concise summary that outlines the central point or argument of a case study. It encapsulates the primary findings, insights, or conclusions drawn from the detailed analysis of a particular subject or situation in its real-life context. This statement serves as a guide for readers, offering a snapshot of what the case study will explore and the significance of its findings.

What is an example of a Case Study thesis statement?

“In the analysis of XYZ Corporation’s marketing strategies during the fiscal year 2020-2021, it’s evident that the company’s innovative use of social media advertising not only boosted its brand visibility among millennials but also led to a 15% increase in sales, demonstrating the power of digital platforms in modern business models.”

This Specific thesis statement provides a clear insight into the focus of the case study (XYZ Corporation’s marketing strategies) and highlights the primary conclusion (success in using social media advertising to boost sales).

100 Case Study Thesis Statement Examples

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Case study thesis statements provide a concise encapsulation of the primary conclusions or insights gleaned from an in-depth analysis of a subject. They serve as a roadmap for readers, informing them of the study’s focal points and key findings. To craft an effective case study thesis, it’s imperative to be specific, evidence-based, and relevant to the subject being explored. Below are 100 examples spanning various fields and scenarios:

• Analyzing the success of Apple’s iPhone X launch, it’s evident that the blend of technological innovation and targeted marketing resulted in record-breaking sales figures globally.
• A deep dive into London’s urban planning post-2000 reveals a significant push towards sustainable infrastructure, reducing the city’s carbon footprint by 12%.
• In studying patient recovery rates at the ABC Rehabilitation Center, it becomes clear that personalized therapy programs yield a 25% faster recovery time compared to generic methods.
• A review of Brazil’s reforestation efforts in the last decade demonstrates that community involvement is a pivotal factor, with local engagement accelerating afforestation by 18%.
• Exploring the financial collapse of Company XYZ in 2019, mismanagement of funds and a lack of internal audits were the predominant causes leading to its bankruptcy.
• The rise in mental health issues among high school students from 2015-2020, as examined in Region A, strongly correlates with increased social media usage and cyberbullying incidents.
• A detailed analysis of Japan’s public transport system reveals that timely investments in technology and maintenance are primary reasons for its 99% punctuality rate.
• Studying the diet patterns of Mediterranean regions provides insights into lower cardiovascular disease rates, highlighting the benefits of olive oil, fish, and whole grains.
• The decline in print media sales from 2000-2020, as evident in the case of Magazine ABC, is largely due to the surge in digital content consumption and changing reader habits.
• In assessing the success of the ‘Clean River’ campaign in City B, it’s observed that public awareness drives and stricter industrial regulations reduced water pollution by 30%
• An examination of solar energy adoption in Rural Region X indicates that governmental subsidies coupled with community workshops played a pivotal role in increasing installations by 40% in five years.
• By delving into the cultural revival in City Y, it’s apparent that grassroots movements and local art festivals were instrumental in rejuvenating traditional art forms and bolstering tourism.
• A study of telecommuting trends during the 2020 pandemic reveals that companies with pre-existing digital infrastructure reported a smoother transition and a mere 5% drop in productivity.
• Through analyzing the public health response in Country Z during the measles outbreak, it’s clear that rapid immunization drives and public awareness campaigns curbed the spread by 60%.
• A review of the organic farming movement in Region P shows that farmer cooperatives and government-backed training sessions were crucial in tripling organic produce output in a decade.
• Assessing the success factors behind Brand Q’s viral ad campaign, a blend of humor, social relevance, and effective online targeting resulted in a 300% ROI.
• An in-depth look at the urban wildlife conservation initiative in City R suggests that integrating green corridors and public education were key to increasing urban biodiversity by 20%.
• Studying the economic turnaround of City S post-recession, it emerges that a combination of SME incentives, infrastructure investments, and tourism promotions led to a steady 7% GDP growth.
• Exploring the education overhaul in District T, the introduction of experiential learning methods and teacher training programs significantly improved student performance metrics across all grades.
• The analysis of e-commerce trends in Country U during the festive season underscores that localized marketing campaigns and easy return policies boosted sales by an unprecedented 45%
• An exploration of the rehabilitation programs in Prison V reveals that the integration of vocational training reduced recidivism rates by 15% over three years.
• Investigating the decline of traditional crafts in Region W, it becomes apparent that globalized market pressures and a generational shift in career preferences were primary contributors.
• The analysis of startup ecosystem growth in City X demonstrates that mentorship programs and venture capital accessibility were crucial drivers, leading to a 50% increase in successful startup launches.
• In evaluating the healthcare system of Country Y, the strategic placement of clinics and telemedicine integration were central to achieving a 90% accessibility rate in remote areas.
• Studying the architectural evolution in City Z, the emphasis on eco-friendly designs and green spaces has significantly enhanced residents’ quality of life and reduced energy consumption.
• A detailed assessment of the digital literacy program in District A1 indicates that hands-on workshops and collaboration with tech companies led to a 30% increase in digital skills among the elderly.
• The case study of the MNO Music Festival shows that blending international and local artists, along with immersive cultural experiences, resulted in a tripling of international attendees.
• In examining the rebranding strategy of Company B2, leveraging user-generated content and transparency in production processes garnered a 60% boost in brand loyalty.
• Exploring the impact of the ‘Green School’ initiative in Region C3, schools that integrated environmental education witnessed a marked increase in student-led sustainability projects.
• By delving into the tourism dynamics of Island D4, it’s observed that the emphasis on eco-tourism and cultural preservation led to sustained tourism growth without ecological degradation.
• A deep dive into the public transport upgrades in City E5 reveals that the inclusion of smart ticketing systems and real-time tracking improved user satisfaction rates by 25%.
• Analyzing the performance of the XYZ sports team over a decade, the focus on grassroots talent recruitment and continuous training regimes was key to their championship victories.
• A study of the fast-food industry shifts in Region F6 showcases that the introduction of plant-based menu options was instrumental in capturing a new health-conscious demographic.
• Through assessing the cybersecurity reforms in Organization G7, proactive threat monitoring and employee training drastically reduced security breaches by 80%.
• An examination of the ‘Urban Forest’ project in City H8 underlines that community participation and periodic maintenance drives ensured a 90% survival rate of planted trees.
• Investigating the cultural festival in Village I9, the collaboration with local artisans and digital promotions drew an unprecedented global audience, revitalizing the local economy
• The scrutiny of e-learning trends in School J10 revealed that blending video tutorials with interactive assignments resulted in higher student engagement and a 20% improvement in test scores.
• In studying the revamp of the K11 shopping mall, the introduction of experiential retail spaces and diversified dining options significantly increased footfall and monthly sales.
• By analyzing the success of the L12 mobile banking app, user-friendly interfaces combined with robust security measures led to a user adoption rate surpassing 70% within the first year.
• The comprehensive review of NGO M13’s outreach programs indicates that localized content and leveraging social media influencers amplified awareness, doubling donations received.
• An in-depth study of the transportation overhaul in City N14 highlights that integrating cycling lanes and pedestrian zones reduced vehicular traffic by 15% and enhanced urban livability.
• A case study on the O15 biotech startup’s rapid growth identifies that collaborations with academic institutions and a focus on sustainable solutions were critical success factors.
• Investigating the wildlife conservation measures in Park P16, the integration of community-based surveillance and eco-tourism initiatives resulted in a 10% rise in endangered species populations.
• Exploring the dynamics of the Q17 film festival, the embrace of indie filmmakers and diversification into virtual screenings expanded the global audience base by threefold.
• Through a detailed assessment of the R18 smart city project, data-driven decision-making and public-private partnerships accelerated infrastructure development and improved resident satisfaction.
• A study of the resurgence of traditional crafts in Village S19 underscores that governmental grants combined with e-commerce platforms enabled artisans to reach global markets and triple their income.
• By analyzing the mental health initiative in University T20, the introduction of peer counseling and mindfulness workshops led to a 30% decrease in reported student stress levels.
• In evaluating the U21 sustainable farming project, the practice of crop rotation and organic pest control methods doubled yields without compromising soil health.
• A deep dive into the V22 robotics industry shows that investments in research and development, coupled with industry-academia partnerships, positioned the region as a global leader in automation solutions.
• The case study of the W23 urban renewal initiative reveals that preserving historical sites while integrating modern amenities revitalized the district and boosted tourism by 40%
• Exploring the telehealth revolution in Hospital X24, it’s evident that user-centric design coupled with real-time patient support drastically reduced waiting times and enhanced patient satisfaction.
• A review of the Z25 green tech startup’s rise showcases how tapping into emerging markets and prioritizing local adaptations enabled a 250% growth rate over two years.
• By analyzing the Y26 literary festival’s global success, forging partnerships with international publishers and leveraging livestreamed sessions captured a diversified and engaged global readership.
• In evaluating the urban art projects of City A27, integrating community artists and sourcing local materials led to culturally resonant artworks and rejuvenated public spaces.
• The detailed study of B28’s freshwater conservation strategies highlights that community education, combined with sustainable fishing practices, restored marine life balance within a decade.
• Through a comprehensive look at the C29 space tech firm’s accomplishments, early investments in satellite miniaturization positioned it as a front-runner in commercial space solutions.
• By delving into the digital transformation of Retailer D30, the integration of augmented reality for virtual try-ons significantly boosted online sales and reduced return rates.
• A study of the E31 desert afforestation initiative reveals that harnessing native drought-resistant flora and community-based irrigation systems successfully greened over 10,000 hectares.
• Exploring F32’s inclusive education reforms, a curriculum designed with multi-modal teaching techniques led to improved learning outcomes for differently-abled students.
• In examining the eco-tourism drive of Island G33, maintaining a balance between visitor volume and ecological sustainability ensured steady revenue without environmental degradation.
• Analyzing the H34 online gaming platform’s surge in popularity, community engagement features and regional game localization were instrumental in its global user base expansion.
• A review of the I35 urban cycling initiative shows that creating cyclist-friendly infrastructure, coupled with public awareness campaigns, led to a 20% increase in daily cycling commuters.
• In studying J36’s public library modernization project, the fusion of digital archives with interactive learning zones increased visitor numbers and enhanced community learning.
• By evaluating the K37 corporate wellness program, a holistic approach encompassing mental health, fitness, and nutrition resulted in a 15% reduction in employee sick days.
• A detailed look at the L38 organic coffee farming cooperative identifies that fair-trade certifications and eco-friendly processing techniques doubled farmer profits and market reach.
• Exploring the M39 microfinance model in developing regions shows that leveraging mobile technology and community leaders made financial services accessible to previously unbanked populations.
• The case study of N40’s anti-pollution drive reveals that using technology for real-time air quality monitoring and public alerts led to actionable civic interventions and clearer skies.
• Analyzing the O41 cultural dance revival initiative, collaborations with schools and televised events reintroduced traditional dances to younger generations, preserving cultural heritage.
• Through studying the P42 renewable energy project, community-owned solar and wind farms not only achieved energy self-sufficiency but also created local employment opportunities.
• By examining Q43’s digital archival project, crowdsourcing contributions and integrating multimedia storytelling resurrected historical narratives for a global digital audience.
• In reviewing the R44 disaster response initiative, utilizing drones and AI-driven analytics for real-time situation assessment led to a 30% faster rescue response.
• Exploring the success of the S45 women’s empowerment project, localized workshops and financial literacy programs led to the establishment of over 500 women-led businesses.
• Analyzing the T46 urban farming revolution, rooftop gardens and vertical farming technologies not only reduced the carbon footprint but also bolstered local food security.
• Through a detailed examination of U47’s mental health awareness campaign, leveraging celebrity ambassadors and social media channels destigmatized mental health discussions among young adults.
• The study of V48’s coastal conservation initiative reveals that coral transplantation and sustainable tourism practices significantly enhanced marine biodiversity and local livelihoods.
• By scrutinizing the W49 digital arts program, collaborations with global tech firms and virtual exhibitions brought contemporary art to a wider and more diversified audience.
• In evaluating the X50 grassroots sports initiative, talent scouting at school levels and offering specialized training camps led to a surge in regional sports achievements.
• Exploring the Y51 urban greenery project, the symbiotic integration of flora with urban structures, like bus stops and building facades, transformed the cityscape and improved air quality.
• Through analyzing the Z52 elderly wellness initiative, mobile health check-ups and community gathering events significantly improved the well-being and social connectedness of seniors.
• A deep dive into A53’s tech literacy drive for rural regions showcases that mobile classrooms and gamified learning tools bridged the digital divide, empowering communities.
• Investigating B54’s smart waste management project, sensor-fitted bins and data-driven route optimization for collection trucks minimized operational costs and improved city cleanliness.
• The case study of C55’s heritage restoration initiative highlights that a blend of traditional craftsmanship with modern conservation techniques revitalized historical landmarks, boosting tourism.
• In studying D56’s alternative education model, experiential outdoor learning and community projects fostered holistic student development and real-world problem-solving skills.
• By analyzing E57’s urban transit solution, electric buses paired with dynamic route algorithms resulted in reduced traffic congestion and a decrease in emissions.
• The examination of F58’s sustainable fashion movement indicates that upcycling workshops and eco-conscious designer collaborations led to a greener fashion industry with reduced waste.
• Through a deep dive into G59’s wildlife rehabilitation project, mobile veterinary units and habitat restoration measures significantly increased the population of endangered species.
• In assessing H60’s collaborative workspace model, creating modular designs and fostering community events led to increased startup incubation and knowledge exchange.
• Studying the I61 teletherapy initiative, the integration of wearable tech for biometric feedback and real-time counseling support made mental health care more accessible and tailored.
• The review of J62’s community theater resurgence underlines that offering free training workshops and forging school partnerships enriched cultural landscapes and nurtured local talent.
• By evaluating K63’s clean water initiative in remote areas, solar-powered desalination units and community-led maintenance ensured uninterrupted access to potable water.
• Exploring the L64 sustainable architecture movement, it’s evident that the incorporation of passive solar design and green roofs reduced building energy consumption by up to 40%.
• Through a detailed analysis of the M65 virtual reality (VR) in education program, integrating VR expeditions and interactive simulations led to a 20% increase in student comprehension.
• The study of N66’s eco-village development project reveals that community-owned renewable energy systems and permaculture designs fostered self-sufficiency and resilience.
• By reviewing the O67’s inclusive playground initiative, universally designed play equipment and sensory-friendly zones catered to children of all abilities, promoting inclusivity and joy.
• Investigating the P68’s digital heritage preservation, utilizing 3D scanning and augmented reality brought ancient monuments and artifacts to life for global audiences.
• By scrutinizing the Q69’s local organic produce movement, direct farmer-to-consumer platforms and community-supported agriculture initiatives revitalized local economies and promoted healthy living.
• A deep dive into the R70’s urban beekeeping project indicates that rooftop apiaries and bee-friendly green spaces boosted pollinator populations, benefiting both biodiversity and urban agriculture.
• In evaluating the S71’s community radio station initiative, platforms that prioritized local news and indigenous languages fostered civic participation and cultural pride.
• Exploring the success of T72’s renewable energy transition, investments in grid-tied wind and solar farms led to the region achieving carbon neutrality within a decade.
• The review of U73’s zero-waste community challenge highlights that community workshops on composting, recycling, and upcycling drastically reduced landfill contributions and elevated environmental consciousness.

These statements encompass a diverse range of endeavors, from technological innovations and educational transformations to environmental conservation and cultural preservation. Each thesis offers a concise yet compelling entry point, illustrating the multifaceted nature of case studies and their potential to drive change across various sectors.

Case Study Thesis Statement Example for Argumentative Essay

An argumentative essay’s thesis statement presents a debatable claim about a particular scenario or situation, seeking to persuade the reader of its validity. It combines evidence from the case study with a clear stance on the matter, aiming to convince through both factual data and logical reasoning.

• Despite the surge in e-commerce, a case study on Brick & Mortar Retail Y1 reveals that experiential in-store shopping can significantly boost customer loyalty and overall sales.
• Examining the X2 city’s public transport model, it’s evident that prioritizing bicycles over cars results in healthier urban environments and happier citizens.
• By studying vegan diets through the Z3 health initiative, there is undeniable evidence that plant-based diets lead to improved overall health metrics when compared to omnivorous diets.
• Through a deep dive into the A4’s shift to remote work, productivity levels and employee well-being evidently increase when offered flexible work arrangements.
• In the debate over renewable versus fossil fuels, the B5 country’s successful transition showcases the undeniable economic and environmental advantages of renewable energy.
• Analyzing the C6 city’s urban greening project, it’s clear that community gardens play a pivotal role in crime reduction and social cohesion.
• A study on the D7’s educational reforms reveals that continuous assessment, as opposed to one-off exams, offers a more comprehensive understanding of student capabilities.
• By evaluating the E8’s plastic ban initiative, environmental rejuvenation and improved public health metrics affirm the necessity of eliminating single-use plastics.
• Exploring the F9’s universal healthcare model, there’s a robust argument that public health services lead to more equitable societies and better health outcomes.
• The success of the G10’s work-life balance policies underscores that a shorter workweek can lead to heightened productivity and enhanced employee satisfaction.

Case Study Thesis Statement Example for Research Paper

Case Study for  research paper thesis statement serves as a central hypothesis or primary insight derived from the chosen case. It succinctly captures the essence of the research findings and the implications they might hold, offering a foundation upon which the paper’s arguments and conclusions are built.

• An extensive analysis of the H11 city’s water conservation techniques presents innovative methodologies that have achieved a 30% reduction in urban water consumption.
• Investigating the I12’s coral reef restoration projects, recent advancements in marine biology have been instrumental in rejuvenating dying reef ecosystems.
• The in-depth research on J13’s forest management strategies reveals the successful intersection of indigenous knowledge and modern conservation techniques.
• A comprehensive study on the K14’s biodynamic farming practices demonstrates their impact on soil health and crop yield enhancement.
• Researching L15’s approach to mental health, community-based interventions, and localized therapy models have shown significant efficacy.
• By delving into M16’s urban waste management, innovative recycling technologies are revolutionizing urban sustainability and waste reduction.
• The examination of N17’s digital literacy programs for seniors demonstrates adaptive pedagogies tailored for older learners, resulting in improved tech proficiency.
• In-depth research on O18’s tidal energy projects presents groundbreaking advancements in harnessing marine energy for sustainable power generation.
• A study of P19’s green building materials showcases the potential for sustainable construction without compromising on durability or aesthetics.
• Extensive research on Q20’s citizen science initiatives has shed light on the profound impact of public engagement in scientific discoveries.

Case Study Essay Thesis Statement Example for Essay Writing

In essay writing, the case study thesis statement offers a central idea or perspective about the case at hand. It provides a roadmap for readers, indicating the essay’s direction and focus, and typically draws on the unique aspects of the case study to make broader observations or arguments.

• The revitalization of the R21 town square serves as a testament to the profound impact of urban design on community engagement and cultural preservation.
• Exploring the journey of S22’s artisanal chocolate brand offers insights into the nuances of combining traditional recipes with modern marketing.
• The success story of the T23’s community library initiative illustrates the timeless importance of books and shared spaces in fostering community spirit.
• Through a narrative on U24’s eco-tourism model, the delicate balance between conservation, commerce, and community involvement comes to the fore.
• V25’s transformation from a tech-averse community to a digital hub showcases the ripple effects of targeted tech education and infrastructure investment.
• The tale of W26’s fight against deforestation illuminates the intertwining of grassroots activism, governmental policy, and global collaboration.
• X27’s journey in preserving endangered languages paints a vivid picture of the role of technology in safeguarding cultural heritage.
• Diving into Y28’s transition from coal to solar energy portrays the challenges, victories, and transformative power of collective will.
• The story of Z29’s grassroots sports academy gives a glimpse into the potential of talent nurtured through community support and dedication.
• A narrative on A30’s urban art movement elucidates the transformative power of public art in redefining cityscapes and fostering local talent.

Does a case study have a thesis statement?

Yes, a case study often has a thesis statement, especially if it is intended for academic or formal publication. While the nature of case studies is to explore, analyze, and present specific situations or phenomena in detail, a thesis statement helps provide direction, focus, and clarity to the study. It serves as a clear indication of the main point or argument the author wishes to make, derived from their analysis of the case.

What is a thesis statement for a case study analysis?

A thesis statement for a case study analysis is a concise summary of the main insight or argument derived from reviewing and analyzing a particular case. It should be specific and based on the evidence found within the study, aiming to encapsulate the core findings or implications. This statement will guide the reader’s understanding of what the case study is ultimately trying to convey or the conclusions the author has drawn from their analysis.

How do you write a thesis statement for a case study? – Step by Step Guide

• Select Your Case: Before you can write a thesis statement, you need to choose a case that offers enough substance and relevance. Your case should be representative or unique enough to provide meaningful insights.
• Conduct Thorough Research: Dive deep into the details of your case. Understand its history, the key players involved, its significance, and its outcomes.
• Identify Key Themes or Patterns: As you research, note down recurring themes or patterns that emerge. These will often hint at the broader implications of the case.
• Formulate Your Argument: Based on your observations, craft an argument or insight about the case. Ask yourself what the case reveals about a broader phenomenon or what makes this case particularly significant.
• Be Specific: Your thesis statement should be precise. Avoid vague or overly broad statements. Instead, focus on the specific insights or conclusions you’ve drawn from the case.
• Write and Refine: Draft your thesis statement. It should be one or two sentences long, capturing the essence of your argument. Revisit and refine it to ensure clarity and conciseness.

Tips for Writing a Case Study Thesis Statement

• Keep it Focused: Your thesis statement should be concise and directly related to the case in question. Avoid generalities or unrelated observations.
• Be Evidence-Based: Ensure that your thesis statement can be backed up with evidence from the case study. It should be a result of your analysis, not a preconceived notion.
• Avoid Jargon: Keep your thesis statement accessible. It should be understandable even to those unfamiliar with the specifics of the case.
• Stay Objective: While your thesis statement will represent your analysis and perspective, it’s crucial to base it on facts and avoid unnecessary biases.
• Seek Feedback: Once you’ve crafted your thesis statement, share it with peers or mentors. Their feedback can help refine your thesis and ensure it captures the essence of your case study effectively.

In conclusion, while a case study delves deep into specific instances, having a clear thesis statement is crucial to give direction to your study and offer readers a concise understanding of the case’s significance and your analysis.

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Experimental Study of Subsurface Erosion in Coarse-Grained Sediments

• Research Paper
• Published: 23 October 2024

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• Vahid Pachideh 1 ,
• Ali Fakher 2 &
• Seyyed Taghi OmidNaeeni 2  

Permanent redirection of groundwater flow in urban areas is one of the issues that can be addressed in drilling operations. In this case, in the worst scenario, water can create rills by displacing and washing away some of the soil particles, weakening the soil it in terms of resistance. This phenomenon is commonly referred to as “subsurface erosion” or “internal erosion”, and soils that are expected to experience this phenomenon are referred to as “internally unstable”. Due to the fact that experimental studies are the best method for understanding internal erosion, a large-scale apparatus was constructed in this study to investigate this phenomenon. The dimensions of the apparatus are such that it can test coarse-grained soils with a maximum grain size of 30 mm. Other specifications of the apparatus include the ability to apply load, adjust the inlet head and flow rate to the sample under investigation. To develop an appropriate model for internal erosion, various trial and error methods were used to develop the testing procedure, which was then evaluated. In the developed method, internal erosion is modeled through a three-stage test with a constant head throughout the test and an increase in discharge at each stage. In this method, the installation of sandbags at different levels on the sample prevents to a large extent the flow passing through the wall areas, which is one of the common errors in internal erosion tests. Using this method, eleven tests were performed on the concave, linearly, uniformly, and gap-graded soils. The tests reveal that the soilsuffusion in the linearly and uniformly-gradedsoils is unlikely to occur in a catastrophic manner, while it is very likely to occur in the gap-graded soils. Additionally, occurrence of erosion in the uniformly-graded soils is localized compared to the gap-graded ones. The results of the tests on the gap-graded soils demonstrate that in addition to the extent of the gap intervalin the particle size distribution curve, the sieve size at the end of the sample in the apparatus is also very effective. Therefore, internal erosion will occur in a test on a gap-graded soil if two criteria are met simultaneously: (a) its gapratio is greater than 5 or 4.75; (b) the ratio of the sieve size at the end of the sample to the beginning of the gap interval is greater than 3 or 2.38. Regardless of the effect of sieve size, tests show that internal erosion in soils with a gap ratio greater than 5 is certain, less than 3 is unlikely, and between 3 and 5 is probable.

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Faculty of Civil and Environmental Engineering, Amirkabir University of Technology, Tehran, Iran

Vahid Pachideh

Faculty of Civil Engineering, Tehran University, Tehran, Iran

Ali Fakher & Seyyed Taghi OmidNaeeni

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Pachideh, V., Fakher, A. & OmidNaeeni, S.T. Experimental Study of Subsurface Erosion in Coarse-Grained Sediments. Iran J Sci Technol Trans Civ Eng (2024). https://doi.org/10.1007/s40996-024-01651-y

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Received : 14 September 2023

Accepted : 07 October 2024

Published : 23 October 2024

DOI : https://doi.org/10.1007/s40996-024-01651-y

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