Legislators eye amending juvenile justice law by yearend

CEBU, Philippines - With many calls to amend Republic Act 9344 or the Juvenile Justice and Welfare Act, Cebu 2nd District Rep. Pablo Garcia said he is optimistic that the 15th Congress amend the law the soonest possible time.

Garcia said yesterday that the technical working group of the House of Representatives has already finished formulating the consolidated bill.

Last week, Senator Vicente Sotto III also announced here in Cebu that the Senate Committee on Justice already approved his proposal and is set to render a report before the plenary.

“I suppose before the year end, we will be able to approve the bill in the House. I understand a similar bill in the Senate will expedite the passage of this bill,” Garcia said.

Garcia pushed to reduce the age of criminal liability to 10, however, during deliberation, it was agreed to just peg it at 12 years old. This means only those below 12 years old may be exempted from criminal liability.

Minors 12 years old but below 15 years old who commit criminal acts may then be categorized as “juvenile criminals” or children in conflict with the law and can be arrested and charged when proven to have acted with discernment in committing crimes such as robbery, rape, murder, and homicide.

Those 15 years old above but below 18 years old will be considered “youthful offenders” consistent with the provision of PD No. 603 or the Child and Youth Welfare Code.

Garcia said minors who will be convicted will be referred to the Department of Social Welfare and Development. However, if they will remain “incorrectible,” they would have to serve their sentence in jail. Some congressmen and top police officials in Cebu are also supporting Sotto’s proposal to reduce the age of criminal liability to 11 years old.

For now, Republic Act 9344 exempts all minors ages 15 and below from criminal liability. Those ages 16 to 18 are also exempted if they acted without discernment, but penalty will be modified if they will be proven to have acted with discernment.

Civil liability remains in all cases but children without criminal liability are automatically released. 

An increase in the number of crimes committed by minors has been reported since the law was passed, including drugs, armed robbery and assault. 

Local law enforcers have expressed an all-out support to the proposed amendment.

Following recent crimes that involve children, Cebu City Police Director Melvin Ramon Buenafe said it is about time to amend a law that has been “abused.”

 “We are supporting the amendment, because we have seen, and that our statistics show, that many crimes are now committed with the participation of minors,” Buenafe said.

“Hopefully, ma pasar gyud ang pagamendar, kay dako kaayo na (amendments) og tabang sa atong kapolisan sa peace and order,” he added.

To address some constraints laid down by the Juvenile Justice Law, CCPO is also proposing some programs such as having feeding and back-to-school programs. “The more time the spent time with us, the more time they are absent will be absent from those dangerous situations,” Buenafe said.   - (THE FREEMAN)