Pagapong, Ceasar Jr. G.
Current status of diversion program in Cebu City and the challenges in the implementation of R.A. 9344 or the juvenile justice and welfare act / Pagapong, Ceasar Jr. G. - Cebu City : University of Cebu, 2016. - 42 leaves ; 31 cm.
Includes appendices.
Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
Includes bibliographical references (leaves 41-42).
Summary: The cases involving children with the law in Cebu City have been increasing over the years and the nature of crimes committed by them are becoming more and more serious. Ideally, at their age, these children should be in school studying, playing and most of all learning basic lessons for life.
Being a signatory to the United Nations Convention on the Rights of the Child, it is imperative for us to provide a diversion program which not only recognizes the child's rights but also protects its welfare with the best interest of the child as the primary consideration. However, based on the present status of this program in Cebu City, much still has to be done in terms of improving the current system especially its implementation.
This study is conducted to evaluate the current status of the diversion program in Cebu City and the challenges in the implementation of the "Juvenile Justice and Welfare Act." The respondents in this study are the personnel involved in handling Children in Conflict with the law. A total of 6 social workers from the different agencies were interviewed and surveyed by the researcher. Four of the respondents are from the Regional Trial Court of Cebu City and two are from the Social Worker from the Department of Social Welfare Services in Katipunan, Barangay Labangon, Cebu City. A number of PNP Personnel under Women's desk were also interviewed by the researcher. Crime statistics report involving Children in Conflict with the Law were also obtained at the Regional Investigation and Detection Management Division under PNP Regional Office 7.
The result revealed that majority of the respondents believed that the main hurdle towards the full implementation of R.A. 9344 is that there is a lack of cooperation among the agencies involved in handling CICLs. It also showed that the common problems that they have encountered in dealing with the CICLs are recurring antisocial behavior , lack of family support due to poverty which confirms the theory of Social Structure Theory of Delinquency and lack of center-based facility. The majority of the respondents revealed that the weakness of the current diversion program is susceptibility of being abused by minors. However, R.A. 9344 are not at all flawed, majority of the respondents believed that the advantages of having diversion program are that it grants an opportunity to CICLs to reform outside the formal justice system and it helps in unclogging court dockets.
Based on the results and conclusions, the following recommendations are drawn: (1) Establishment of Youth Detention Facilities for neighboring cities and towns; (2) Establishment of Temporary holding area for female CICLs; (3) Reorientation of Personnel of agencies involved in handling CICLs; (4) Increase manpower in those agencies (5) Financial support for those agencies; (6) Family and community participation; (7) Intensive coordination among the agencies involved in handling CICLs (8) Participation of the Child in conducting Diversion Program; and (9) Understanding the individual needs of the CICLs.
English
Current status of diversion program in Cebu City and the challenges in the implementation of R.A. 9344 or the juvenile justice and welfare act / Pagapong, Ceasar Jr. G. - Cebu City : University of Cebu, 2016. - 42 leaves ; 31 cm.
Includes appendices.
Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
Includes bibliographical references (leaves 41-42).
Summary: The cases involving children with the law in Cebu City have been increasing over the years and the nature of crimes committed by them are becoming more and more serious. Ideally, at their age, these children should be in school studying, playing and most of all learning basic lessons for life.
Being a signatory to the United Nations Convention on the Rights of the Child, it is imperative for us to provide a diversion program which not only recognizes the child's rights but also protects its welfare with the best interest of the child as the primary consideration. However, based on the present status of this program in Cebu City, much still has to be done in terms of improving the current system especially its implementation.
This study is conducted to evaluate the current status of the diversion program in Cebu City and the challenges in the implementation of the "Juvenile Justice and Welfare Act." The respondents in this study are the personnel involved in handling Children in Conflict with the law. A total of 6 social workers from the different agencies were interviewed and surveyed by the researcher. Four of the respondents are from the Regional Trial Court of Cebu City and two are from the Social Worker from the Department of Social Welfare Services in Katipunan, Barangay Labangon, Cebu City. A number of PNP Personnel under Women's desk were also interviewed by the researcher. Crime statistics report involving Children in Conflict with the Law were also obtained at the Regional Investigation and Detection Management Division under PNP Regional Office 7.
The result revealed that majority of the respondents believed that the main hurdle towards the full implementation of R.A. 9344 is that there is a lack of cooperation among the agencies involved in handling CICLs. It also showed that the common problems that they have encountered in dealing with the CICLs are recurring antisocial behavior , lack of family support due to poverty which confirms the theory of Social Structure Theory of Delinquency and lack of center-based facility. The majority of the respondents revealed that the weakness of the current diversion program is susceptibility of being abused by minors. However, R.A. 9344 are not at all flawed, majority of the respondents believed that the advantages of having diversion program are that it grants an opportunity to CICLs to reform outside the formal justice system and it helps in unclogging court dockets.
Based on the results and conclusions, the following recommendations are drawn: (1) Establishment of Youth Detention Facilities for neighboring cities and towns; (2) Establishment of Temporary holding area for female CICLs; (3) Reorientation of Personnel of agencies involved in handling CICLs; (4) Increase manpower in those agencies (5) Financial support for those agencies; (6) Family and community participation; (7) Intensive coordination among the agencies involved in handling CICLs (8) Participation of the Child in conducting Diversion Program; and (9) Understanding the individual needs of the CICLs.
English