My brother-in-law, Senate Majority Leader Francis "Kiko" Pangilinan, authored the Juvenile Justice Bill that was passed last Dec. 6, 2005.
He said, "I am glad that the long wait in the Senate is over, not just for us legislators, cause-oriented groups, and advocates, but most importantly, for children in conflict with the law (CICL). We certainly look forward to the bicameral hearing and we are positive that CICL will soon enjoy their childhood decently in the cradle of restorative justice."
The House of Representatives will soon consider the bill in plenary session as it has been approved by the House Committees on Justice and Appropriations. The bill is expected to be enacted into law in early 2006.
If and when that happens, 70 percent of criminal cases against children will be dismissed outright. The few children found to be criminally responsible will be referred to rehabilitation programs instead of jails.
The Juvenile Justice Bill was passed in the Senate by a unanimous vote of 21 to 0. Its objective is to fully protect the rights of children in conflict with the law and make the detention of those children as the last resort. Among other things, the bill:
• Prohibits the detention of children in jails.
• Raises the age of criminal responsibility from nine years of age to a minimum of 15 years. Children aged 15 to 18 years old are also exempt from criminal liability, unless it is proved by the prosecution that they acted with discernment.
• Introduces restorative justice, instead of punitive justice, as the framework for the juvenile justice system.
• Provides for the diversion (referral) of cases of children who might be criminally responsible, from the barangay, police, prosecutor’s office, and the courts to community-based rehabilitation programs instead of going to trial.
• Provides for the implementation of juvenile delinquency prevention programs at the local level.
• Provides for rehabilitation, reintegration, and aftercare services at the local level.
• Identifies government offices that will be responsible for juvenile justice.