"We should ask Congress to make an amendment of Republic Act 9344, which provides that children 15 years and below are criminally exempt. The issue of determining discernment should be left to the courts," Belmonte said.
"The need for youth detention facilities has diminished with the passage of the new Juvenile Justice Law. Representations regarding its implementations should be done immediately considering that it is the last session of Congress," he added.
Belmonte said that it should be the Quezon City social services development department and the city prosecutor’s office that should establish the facts whether cases fall under the Juvenile Law or the Family Court to determine if there was discernment during the time of the commission of the crime.
Assistant city prosecutor Mercedes Penamora informed the mayor that even if there is available evidence presented against a youth offender below 15, it is certain that no criminal charges can be filed against him. The offended parties, however, can pursue the case for civil liabilities.
The Quezon City government manages the Molave Youth Home, a special detention program for youth in conflict with the law. In 2005, the facility received the Outstanding LGU Program Award from Galing Pook Foundation.
With the effectivity of the new law, 48 wards of the center were already given their release papers.
Meanwhile, social services development department chief Teresa Mariano noted that in most countries, the age covered by the juvenile justice system was lowered to 12 years old.
The Juvenile Justice Welfare Act was signed into law by President Arroyo on May 16, 2006. Under the law, children below 15 years old should be given social service intervention, including the provision of counseling, livelihood assistance, education, skills training, religious and cultural services to facilitate his or her successful return to the community.