Some barangay captains of Cebu City yesterday called for the amendment of the Juvenile Justice and Welfare Act, the law that exempts offenders, 15 years old and below, from criminal liability.
In a gathering yesterday, the barangay captains were one in saying that the law, while noble in its objective, has been abused by many criminal elements especially in the barangays.
Mambaling barangay captain Rodolfo Estella said this exemption made it difficult for barangay authorities to apprehend minors, 15 years old and below, who commit untoward acts or violate some laws.
“Dili ta makadakop sa mga batan-on…we should repeal the law,” Estella said. The barangay officials also noted that criminal groups have used these minors to commit crimes for them because the latter would not be jailed anyway.
Cebu City North District Rep. Raul del Mar also shared the sentiment of the barangay leaders, saying that the measure has been taken advantage of by groups of criminals.
“The law has provided opportunity but it has a negative side, which is being taken advantage of by criminal syndicates,” Del Mar said.
The congressman however said there is a chance that the law will be amended. He said that President Gloria Arroyo has already ordered for a consultation on this matter.
It was only two years since Arroyo enacted the law, promoting juvenile justice and welfare, which was authored by Senator Francis Pangilinan. The exemption also include from criminal charges those aged 15 to 18 unless they know beforehand that the act they committed was a crime.
Children aged 15 to 18 who committed an act knowing it was illegal can be prosecuted, but their cases would be handled by specially trained prosecutors. They should be released on bail or under the care of their parents or guardian, or transferred to a youth rehabilitation center pending trial.
The United Nation’s children’s agency had said that the law would mean that 70 percent of criminal cases against children in the Philippines will be dismissed outright, while children found to be criminally responsible will be referred to rehabilitation programs instead of jails.
UNICEF estimated that, as of 2005, more than 4,000 children languished in crowded jails and detention centers in the Philippines, many of them mixed with adult detainees.
The new law mandates the creation of a welfare council that will coordinate among various agencies and oversee its implementation. It also provides for the referral of children’s cases to community-based rehabilitation programs, instead of going to trial, and for juvenile delinquency prevention programs, rehabilitation and reintegration. — Joeberth M. Ocao/RAE