The directive issued by DILG secretary Ronaldo Puno to all city, municipal and provincial offices came after the signing into law by President Arroyo of the Juvenile Justice System Act.
"I have instructed officials of the Bureau of Jail Management and Penology to help speed up the release of juvenile offenders who have remained in prison because of pending court orders," Puno said. He added that the BJMP should coordinate with PAO and find out what legal obstacles need to be hurdled to facilitate the quick release of these juveniles still languishing in adult jails.
Under Republic Act 9344 or the Juvenile Justice System Act, which was signed into law by the President last April 28, CICL will undergo diversion programs like counseling, capacity building, training and socio-civic work under the DSWD's supervision instead of being detained in jail.
The BJMP records show that so far, a total of 520 children in conflict with the law have already been transferred to various youth homes across the country. This includes 123 juvenile offenders transferred to the Operation Second Chance facility in barangay Kalunasan.
Aside from Operation Second Chance, 182 juvenile offenders were also transferred to the Molave Youth Home in Quezon City; 195 housed at the Bahay Kanlungan ng Kalakhang Maynila operated by Philippine Drug Enforcement Agency and 20 at the Juvenile Welfare Unit in Davao City.
The transfer of the remaining 1,049 juvenile offenders from jails for adult offenders to DSWD-run youth centers is ongoing, according to the BJMP report. Some cases involving minors, however, have been facing delays because court orders are necessary to secure their release from prison. The lack of facilities has also hampered their transfer to DSWD-supervised youth centers.
Puno has directed the BJMP to identify all juvenile offenders still in its custody to find out what needs to be done to secure their immediate release and to provide security and escort assistance to the DSWD who will accompany children in conflict with the law to court hearings.
Children below the age of criminal responsibility or those 15 years old or below should be immediately released to the custody of his or her parents, guardians or nearest relatives, the law states. The releasing authority should also notify the local DSWD officer, who will then determine the appropriate programs in consultation with the child and the person who has custody over the child.- Garry B. Lao