Involuntary confinement, intervention programs for minor offenders

This is in regards to the editorial “Juvenile Killers” (Philippine STAR, March 14, 2012).

To clarify: Nowhere in the Republic Act 9344 (Juvenile Justice and Welfare Act) does it say that minor offenders shall be exempted from any liability (to quote the article: “the two teenagers may never have to pay for their grisly crime”), especially if they have committed heinous crimes. It clearly states: “The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.” RA 9344 mandates age-appropriate measures for handling youth offenders, knowing that putting children in the same jail as hardened criminals, where they will be vulnerable to abuse, will be to victimize them for the rest of their lives and eliminate all hope of reforming children in conflict with the law.

The case presented in the editorial involving the two minors committing such a heinous crime should undergo procedures prescribed within RA 9344. The law states that if the youth offenders are above 15 years old and had acted with discernment, they should be held liable for their acts. In heinous crimes, minors should be subject to involuntary confinement if this is deemed proper. That is the law. On the other hand, if they are below 15 years old, they are subject to intervention programs as provided by law. It is against the law to release a child without going through the proper diversion program. There are also cases where civil damages may be claimed by the victim’s family.

While it may be convenient to blame our legislators for the passing of this law, which has been hailed worldwide as progressive and a landmark piece of legislation, may we respectfully remind critics of RA 9344 that for four years under the Arroyo administration, the law was not given the funds for its proper implementation. The Juvenile Justice Welfare Council was not empowered to carry out its mandate, and our law enforcers and prosecutors have not been properly educated on the intricacies of the law. Currently, I assure you that the office of Senator Francis Pangilinan is working closely with DSWD Secretary Dinky Soliman, DOJ Secretary Leila De Lima, DBM Secretary Butch Abad, DILG Secretary Jess Robredo, and the Juvenile Justice Welfare Council Executive Director Tricia Oco in ensuring that the Juvenile Justice Law is implemented properly.

When the law is implemented properly, it changes lives. “Winsley” was part of a gang that got itself involved in cases of theft and robbery. After he was caught, and as a result of the Juvenile Justice Law, Winsley was put through a diversion program under the DSWD-Marikina. After the program, Winsley was successfully reintegrated into society and was soon offered a job as a gasoline station attendant. He has since held steady employment and has not gone back to a life of crime.

In local governments where there have been political will and stakeholder support, the law has succeeded, and it has changed the lives of many youth offenders — many of whom would now be languishing in jail, without any hope of reform. We therefore appeal to our critics: read, understand and know the law; and push for appropriate government funding to make sure the law works to its fullest extent, for the sake of our children and our society.