Juvenile justice law encourages minors to commit crimes, says social worker

MANILA, Philippines - If she had her way, a Caloocan City social worker wants Republic Act 9344 or the Juvenile Justice Act of 2006 revised, claiming the law is actually encouraging minors to commit more crimes.

The employee, one of those looking after the city government-sponsored Yakap Bata Holding Center at the former justice building at the city hall, said many of their 27 wards are repeat offenders.

“Before, we only have a few child offenders but with the passing of the law a few years ago, their numbers surged,” the social worker, who requested anonymity, told The STAR. She said she is only a lowly government employee and does not want to create trouble.

RA 9344, principally authored by Sen. Francis Pangilinan, was designed to protect the rights of children 17 years old and below and to shield them from criminal prosecution. They were supposed to be given a second chance through rehabilitation.

But according to the social worker, many children in conflict with the law, especially those 15 to 17 years old, already understand the difference between right and wrong.

“As far as I am concerned, (children) 15 to 17 years old could already discern what they are doing. In fact many of them even have kids of their own. So in effect, our juvenile justice law is (encouraging) them to commit more criminal acts, knowing that they could not be held liable for being minors,” she said.

She said the law “must undergo a thorough review.”

As of last Friday, of the 27 wards undergoing rehabilitation at Yakap Bata, six were girls and 21 were boys. The boys have pending cases either in court or at the barangay level while the girls were having “behavioral” problems.

According to the social worker, children who commit major crimes are immediately recommended to a better equipped holding center for enhanced rehabilitation.

Yakap Bata’s rehabilitation program includes educating the children through the alternative learning system of the Department of Education. They are also introduced to religious activities for moral and spiritual development.

She said their office is now coordinating with Mayor Enrico Echiverri to provide parents of their wards with livelihood projects for a more effective family-oriented rehabilitation program.

She said children from broken families, influenced by “bad” peers and those who experience hunger often turn to crime.