 COUNCILOR
BANTUGAN |
| City
lawmakers denounced during their session Monday the implementation of the Juvenile
Justice Welfare Act (RA 9344) that sets the minimum age of criminal responsibility
in the country to 15 years old and prohibits criminal prosecution of minor offenders.
In
a privilege speech, city councilor Danilo Bantugan criticized the law due to the
growing number of crimes committed by minors that can no longer be held liable
under the new statute. |
RA
9344 mandates that no charges can be filed against minors 15 years below while
those below 18, unless acting with discernment, are also immune to criminal liability. | | | The
discernment issue is a matter of conflicting views among law enforcers and children's
welfare groups. The law provides that discernment will be determined by the local
social welfare development officer.
Meanwhile,
regional trial court Judge Teofilo Baluma said, in an interview with the Chronicle,
that there are certain provisions in the law that are unfavorable to some government
agencies and officials.
Baluma,
who is assigned to hear family court cases, stressed that the law emphasizes the
importance of restorative justice and the role of the family, judicial system
and mass media in rehabilitating a minor instead of being criminally prosecuted. |
The
judge explained another objection by local government units is on Sec. 15 of the
law which requires 1% of Internal Revenue Allotments (IRA) should be allowed for
the implementation of programs for the protection of children.
According
to Baluma, the law is unique to the Philippines and should be followed, otherwise,
those who oppose have the right to lobby for its abolition.
During
last Monday's Sangguniang Panglungsod (SP) session, majority floor leader Jose
Antonio Veloso recommended to his colleagues to attend a conference on November
24 of the National Young Legislators of the Philippines in Davao City which is
called for the purpose of discussing the implementation of the Juvenile Justice
Welfare Act.
Among
those who were tasked to attend the conference are councilors Urbano Lagunay,
Oscar Glovasa and SP committee chair on social welfare Lucio Balbin.
BACKGROUND
OF RA 9344
Despite
criticisms even before its implementation, RA 9344 found support in both houses
of Congress.
Some
say that the law disregards the rights of the many victims of crimes committed
by minors who come in conflict with the law.
The
Justice Juvenile Welfare Act is considered as a landmark legislation that addresses
the plight of thousands of children that are put in jail.
It
was approved by congress in April this year while its Implementing Rules and Regulations
(IRR) was signed on August 15, 2006.
Senate
Majority Leader and main proponent of the law Francis Pangilinan crafted the law
to change totally how our justice system deals with children in conflict with
the law (CICL).
Under
the law, minors 18 year old below acting without discernment will not be held
liable through the criminal justice system but will be made accountable under
the juvenile justice system. The child in conflict with the law will be subject
to individualized community-based rehabilitation programs instead of being criminally
prosecuted. CICL's
will be provided with appropriate services including programs and services for
prevention, diversion, rehabilitation, re-integration, and after-care to ensure
their normal growth and development.
The
new law introduces a balance approach or restorative justice which considers the
welfare of the children in conflict with the law, and the interest and protection
of the victim and the community.
It
also directs law enforcers to immediately turn over children caught for unlawful
or criminal acts to social workers upon their apprehension.
Unlike
the purely retributive response to juvenile crime, which only aggravates sufferings
in society and fails to meet the needs of the victims, authors of the new law
said the restorative approach considers the three aspects of accountability, community
safety and competency development in all levels and states of the proposed juvenile
justice system.
The
aim, they said, is to rehabilitate the child, cure the victim of the harm done
to him or her and contribute to peace in the community. | 
