Close to 100 detainees aged below 15 have been released by Operation Second Chance since the enactment of the Republic Act 9344, which excludes minors from prosecution and prohibits their incarceration even if they have committed various infractions.
This was said by Annabeth Cuizon, a member of the management board of the facility.
Operation Second Chance is the detention center for minors who committed infractions in Cebu City.
President Gloria Arroyo ordered jail officials to comply with the law upon learning that there are still minor detainees languishing in various detention centers nationwide.
At present, the Operation Second Chance in barangay Kalunasan houses more than 50 detainees, but all of them are already above 15 years old.
Republic Act 9344, authored by reelected Sen. Francisco Pangilinan, was intended to address the plight of the thousands of children detained in jail for various offenses.
Once a minor offender will be arrested for committing a crime, the law provides that the policemen should bring them right away to the nearest office of the Department of Social Welfare and Development.
But those who are already above 15 years old but not more than 18 can be arrested and charged in court if they are found to have committed the crime with discernment.
Many policemen said this provision has discouraged them from apprehending minors as they are often back in the streets doing criminal activities again in no time. — Rene U. Borromeo/BRP