Kiko wants proper juvenile justice law

BACOLOD CITY, Philippines  — In response to criticisms against Republic Act 9344, or the Juvenile Justice Welfare Act of 2006, which he authored, Senator Francis “Kiko” Pangilinan said he is pushing for the “proper implementation” of the law.

There is a need to strengthen the rehabilitation process of juvenile delinquents, said Pangilinan, who was in Bacolod Saturday, adding that “ultimately, the problem of the child offenders is also the problem of the family and the community.

Locking young offenders in jail may not be the absolute resolutions to stop minors from committing crimes, instead more youth centers should be built nationwide for children in conflict with the law (CICL), where they will be rehabilitated, he said.

Pangilinan said nine additional centers for CICL were built this year, and more are expected to be built, especially that there is sufficient budget for the Juvenile Justice Welfare Council and strong partnership with private groups and individuals.

The senator cited the government’s partnership with the private sector, such as the Bahay Pag-asa of the University of St. La Salle in Bacolod, an accredited institution where CICL can be confined involuntarily, for rehabilitation or diversion.

Funding has been one of the major obstacles in proper implementation of the Juvenile Law, and more support is needed to ensure that all 15 regions in the country have rehabilitation centers. Since the start of the administration of President Benigno Aquino III in 2010, more money was allotted for this purpose, said the senator.

Pangilinan also defended the Juvenile Law, saying: “There’s no such thing as a perfect law but we have to strive to improve and provide the necessary support so that it will succeed.”

Critics have been citing a record of the Philippine National Police that from 1,825 young offenders in 2007, or a year after the Juvenile Law was enacted, the number shot up to 5,318 cases in 2011, or a 290-percent increase.

There is a pending proposal in Congress to amend the law by lowering the age of the CICL who can be held criminally liable from 17 to 15, following reports that there have been adults and even syndicates who used minors as accomplice in their crimes.

Pangilinan however countered that the issue is not on lowering the age of discernment for minor offenders, but on how to implement the Juvenile Law properly.

Under RA9344, 15-year-old CICLs or under, at the time of the commission of the offense, shall be exempted from criminal liabilities while 16 and 17 years-old should be assessed if they acted on discernment when they committed the crime.

Involuntary confinement is the best solution, Pangilinan said. If a child is involved in a series of offenses, the best available remedy is mandatory custody, as “it is for the best interest of that child,” he added. 

“Nowhere in the law does it state that CICL are exempt from any kind of justice. The law says that youth offenders should not be judged or incarcerated as adults,” Pangilinan clarified.  (FREEMAN)