Arroyo signs Juvenile Justice Act

President Arroyo signed into law yesterday the juvenile justice bill that would protect the rights of children in conflict with the law and promote their rehabilitation rather than detention, paving the way for the transfer or release of child offenders currently confined in adult jails.

Upon the effectivity of Republic Act 9344, cases against children 18 years old and below at the time the crime was committed shall immediately be dismissed. These children shall then be referred to the appropriate local social welfare and development officer, who will determine whether to release them to the custody of their parents or have them go through rehabilitation programs.

"Those with suspended sentences and undergoing rehabilitation shall also be released, unless it is contrary to the best interest of the child," the law read.

Should the child be detained pending trial, RA 9344 stated that a "family court shall also determine whether or not continued detention is necessary and if not, determine appropriate alternatives for detention."

"If detention is necessary and he or she is detained with adults, the court shall immediately order the transfer of the child to a youth detention home," it added.

Children who have been convicted and are serving out their sentence shall also benefit from the retroactive application of the law and be entitled to appropriate treatment provided for under this law.

RA 9344, also known as the Act Establishing a Comprehensive Juvenile Justice and Welfare System, exempts children 18 years old and below from criminal liability. They will only be subjected to an intervention program — a series of activities designed to address issues that caused the child to commit an offense.

Intervention may take the form of an individualized treatment program that could include counseling, skills training, education and other activities that will enhance the child’s well-being.

However, children above 15 or below 18 may have to face appropriate proceedings if the prosecution panel proves they acted with discernment in committing an offense.

The exemption granted to children, however, does not cover civil liability.

RA 9344 also created a Juvenile Justice and Welfare Council composed of representatives from various government agencies, which will convene 15 days after this law goes into effect.

The council, which will be chaired by the Department of Social Welfare and Development, will ensure the effective implementation of RA 9344.

The juvenile justice law also mandates the establishment and strengthening of local councils for the protection of children, which will be composed of responsible members of the community, representatives from the youth sector, and government and private agencies concerned with the welfare of children.

The local council will serve as the primary agency to coordinate with and assist local government units on the adoption of a comprehensive plan to prevent delinquency and to oversee its proper implementation.

One percent of the internal revenue allotment of barangays, municipalities and cities shall be allocated for the strengthening and implementation of the programs of the local council. Each local government unit is in charge of disbursing this allocation.

Under RA 9344, media practitioners are ordered to maintain the highest professional standards in reporting and covering cases of children in conflict with the law.

"Any undue, inappropriate and sensationalized publicity of any case involving a child in conflict with the law is hereby declared a violation of (the) child’s rights," the law read.

The juvenile justice law also guides law enforcers on how to handle children properly once they are taken into custody.

Law enforcers shall refrain from "using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child in conflict with the law," RA 9344 read.

The law added that law enforcers shall not display any firearm, weapon or handcuffs, unless necessary in apprehending child offenders.

Another provision of RA 9344 states that law enforcers shall turn over custody of the child "immediately but not later than eight hours after apprehension" to the Social Welfare and Development Office or other accredited non-government organizations and notify the child’s parents or guardians and the public attorney’s office of the child’s apprehension.

The Social Welfare and Development Office shall then explain to the child and the child’s parents or guardians "the consequences of the child’s act with a view towards counseling and rehabilitation, diversion from the criminal justice system and reparation, if appropriate."