By Dean Aubrey Caratiquet

In light of recent events involving young Filipinos getting involved in mischievous activities, one may be starting to wonder what legislation is in place to hold them accountable for their actions and what responsibilities their parents have in ensuring that they abide by the law.

Established in 2006, the Juvenile Justice and Welfare Act institutionalizes provisions that strike a balance between protecting the welfare of youth delinquents and ensuring that they are discerning of their actions, while also acknowledging the role of different sectors in steering children away from violence.

Eight years later, lawmakers have passed Republic Act No. 10630 or “An Act Strengthening The Juvenile Justice System in the Philippines,” which amends the provisions of R.A. 9344 and includes sections outlining the interventions for CICLs belonging to indigenous cultural communities, as well as the functions and duties of each entity in enforcing the law.

Sections 12-17 of RA 9344 cite the family, educational system, mass media, Local Councils for the Protection of Children (LCPC) and the Sangguniang Kabataan (SK) as the chief entities tasked with preventing juvenile delinquency.

They are also ensuring that children in conflict with the law (CICL) have access to proper interventions that will enable their rehabilitation and eventual reintegration into society, giving them a chance to correct their course of action later in life.

Republic Act No. 9344 also called for the creation of the Juvenile Justice and Welfare Council (JJWC), led by the Department of Justice, and is composed of representatives from the following agencies:

• Department of Social Welfare and Development (DSWD)
• Council for the Welfare of Children (CWC)
• Department of Education (DepEd)
• Department of the Interior and Local Government (DILG)
• Commission on Human Rights (CHR)
• National Youth Commission (NYC)
• 2 NGO representatives (designated by the DOJ and DSWD secretaries, respectively)

The JJWC is likewise tasked with fulfilling the mandate of steering Filipino youth from committing crimes by ensuring close coordination with other agencies such as the Public Attorney’s Office (PAO), Bureau of Corrections (BuCor), Parole and Probation Administration (PPA), National Bureau of Investigation (NBI), Philippine National Police (PNP), Bureau of Jail Management and Penology (BJMP), Technical Education and Skills Development Authority (TESDA) and other institutions that share the same agenda.

This legislation moreover calls for the development of a comprehensive juvenile intervention program for local government units (LGUs), mandating that the implementation of this initiative be included in their annual budget and scaled from the provincial to the barangay level.

Section 19 stated, “The LGUs shall provide community-based services which respond to the special needs, problems, interests and concerns of children and which offer appropriate counseling and guidance to them and their families.”

After a CICL commits a crime

Once authorities determine that the child taken into custody is fifteen years of age or below, they exercise the discretion to hand over the child to his/her parents or guardian, or the nearest relative in case the former figures were not available.

Once turned over to his/her relatives, the local social welfare and development officer would be informed of the child’s misdeeds to determine the appropriate interventions to be undertaken for the child and his/her custodian.

However, if the child’s parents, guardians, or nearest relatives cannot be located or refuse to take him/her into custody, the child will be handed over to any of these entities:

• Duly-registered non-governmental/religious organization
• Barangay official/member of the Barangay Council for the Protection of Children (BCPC)
• local social welfare and development officer
• DSWD)

While under custody, the CICL is granted various rights such as access to legal and other appropriate assistance, humane and dignified treatment, bail and recognizance, privacy, probation (if qualified under the Probation Law), and automatic suspension of sentence, among others.

Processing of a CICL’s case

Upon initial contact, the law enforcement officer informs the child why he/she is being placed under custody and the offense that was allegedly committed, along with his/her Constitutional rights, before taking the delinquent to a proper medical and health officer for a physical and mental examination.

After this, the child’s statement will be taken by the officer in the presence of his/her counsel, or in the absence thereof—a PAO lawyer, parents/guardian/nearest relative, and the local social welfare development officer.

If the case has an imposable penalty equivalent to less than six years of imprisonment, the child is qualified for diversion programs as determined by the Punong Barangay, local social welfare development officer, or other members of the LCPC.

The following factors are used to determine the eligibility of the child to become part of the diversion programs without undergoing court proceedings:

• The nature and circumstances of the offense charged
• The frequency and the severity of the act
• The circumstances of the child (e.g. age, maturity, intelligence, etc.)
• The influence of the family and environment on the growth of the child
• The reparation of injury to the victim
• The weight of the evidence against the child
• The safety of the community
• The best interest of the child

Section 23 added, “Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion measures may be resorted to only by the court.”

Once deferred to the court, the child’s case will be handled by a prosecutor which would conduct a preliminary investigation and file information to determine the fate of the CICL.

Conducted under a veil of confidentiality, these proceedings will then determine whether the child is eligible for bail, release on recognizance or automatic suspension of sentence.

But whenever detention is necessary, the child will undergo confinement at either a youth detention home, local rehabilitation facility, or be turned over under the care of the DSWD.

The social worker who has custody of the child will then give a recommendation whether the CICL can be discharged with his/her cases dropped by the court, or brought before the court for execution of judgment if he/she fails to comply with the rehabilitation program.

Section 40 stated, “If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years.”

Interventions for CICLs

After determining custodianship, juvenile delinquents are brought into dedicated facilities that separate them from adults, resembling a home environment that can provide them proper counseling services and treatment. Special care is also provided to address the needs of female CICLs, who would be accommodated separately from their male counterparts.

Section 51 added, “A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BuCor, in coordination with the DSWD.”

Some activities that are part of community-based programs for the CICLs may include the following:

• Competency and life skills development
• Socio-cultural and recreational activities
• Community volunteer projects
• Leadership training
• Social services
• Homelife services
• Health services
• Spiritual enrichment
• Community and family welfare services

Prohibited acts and penalties

While undergoing proceedings, children are granted protection from labeling and shaming, as well as other acts that are detrimental to their overall well-being, such as:

• Employment of threats of whatever kind and nature
• Employment of abusive, coercive, and punitive measures such as cursing, beating, stripping, and solitary confinement
• Employment of degrading, inhuman, and cruel forms of punishment such as shaving the heads, pouring irritating, corrosive or harmful substances over the body of the child in conflict with the law, or forcing him/her to walk around the community wearing signs that embarrass, humiliate, and degrade his/her personality and dignity
• Compelling the child to perform involuntary servitude in any forms under all instances.

Any person found to be violating any provisions of the Republic Act No. 9344, as amended, may face either a fine of not less than P20,000 but not more than P50,000; not less than eight but not more than 10 years of imprisonment; or both, at the discretion of the court.

A public officer or employee who failed to comply with this legislation may be subject to additional fine and/or imprisonment, face administrative charges, and shall suffer the penalty of perpetual absolute disqualification.

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