Yesterday, Osmeña said he wants to consult and clarify with the judge who handled the cases of the minors placed at the Bagong Buhay Rehabilitation Center to determine the root cause of the error.
Minor offenders should be placed in Operation Second Chance, but Osmeña and the city council discovered that at least 13 minor offenders were jailed at the BBRC. Last week, three of the minor offenders were transferred to BBRC, some of the minors reportedly turned 18 during their stay in the city jail so they had to remain there.
"I need to know why there was system breakdown, why they were not transferred immediately...we need to look further why there was a mistake in the first place," Osmeña said.
In its regular session last week, the city council approved a resolution for the Cebu City Commission for the Welfare and Protection of Children to determine why, during their arrest, the minor offenders were allegedly not made to meet a social worker and a child relations officer of the PNP.
The resolution also requested the Regional Trial Court to issue an order to transfer to Operation Second Chance the remaining minor offenders that are confirmed to be inside the city jail. The resolution further requests RTC executive judge Simeon Dumdum to order the transfer of the cases of the minor offenders to the family and children's court, the only branch of the RTC allowed to hear cases involving minor offenders.
Osmeña said he is letting the NBI look into the matter because the bureau "is a lot better in sorting out the procedure in the justice system."
Both Osmeña and the council theorized that a possible reason why this happened is when the arresting police made an arrested minor admit he or she is 18 years old to avoid the "hectic" procedure during an arrest. The procedure entails calling on the offender's parents and a social worker to see the minor suspect before a proper investigation is started.
Other possible reasons are when a minor offender personally chooses to stay in BBRC where an arrested relative is detained or when the judge simply mistakenly ordered the suspect to be detained at BBRC.
These minor offenders, ages 15 to 17, are facing cases involving frustrated homicide, robbery, illegal drugs, slight physical injuries, and concealment of dangerous weapons. Their presence at BBRC was discovered when the BBRC warden reviewed the records of the detainees.
Meanwhile, a ranking official of the Department of Interior and Local Government said minor offenders detained at the Mandaue City Jail should immediately be transferred to a youth rehabilitation center to prevent adult inmates from influencing them.
Interior Undersecretary Joselito Ruiz issued the statement after he met Mandaue jail warden Jose Moring the other day to discuss the present situation of the city jail and the problems encountered in handling minor offenders.
Ruiz said he was directed by Interior Secretary Ronaldo Puno to coordinate with jail officials especially in handling the minor offenders as President Arroyo recently signed into law the Juvenile Justice System Act. The law places primary importance on the welfare of children and youth offender, giving them a fair chance to reform especially those that are not hardcore criminals.
Also, Ruiz lauded Moring in introducing livelihood projects to inmates. Moring informed Ruiz that more than half of the 500 inmates in the city jail already have their means of livelihood as supported by businessmen in Mandaue City.
Ruiz asked city jail officials in Cebu to adopt the same program introduced by Moring to the inmates. - Joeberth M. Ocao and Jose P. Sollano