By Jose Cielito Reganit | Philippine News Agency
Department of Social Welfare and Development (DSWD) Secretary Rex Gatchalian on Friday said the two children in conflict with the law (CICL) involved in the tragic school shooting in Tacloban City will not be treated differently, but will instead be handled through age-appropriate interventions in accordance with the country’s Juvenile Justice and Welfare Act.
“I would like to look at it as not treating them differently but rather age-appropriate yung response. Ilagay natin sa opposite side of spectrum kasi mayroon naman tayong kaso ng matatandang tao naman yung nakakulong at umabot sa certain age at pinalalaya na lang because of humanitarian reason,” Gatchalian said in a televised interview.
“Ito hindi humanitarian but rather age-appropriate yung paghawak sa kanila. Pero pagdating nila sa age of majority, lalo na yung 15-year-old, age-appropriate pa rin yung magiging response o yung paghawak sa kanila,” he said.
The DSWD chief explained that while the law requires an age-appropriate approach in handling CICL, this does not remove their accountability.
For the 15-year-old suspect, Gatchalian explained that, if found guilty, the suspect may receive a suspended sentence and remain at the Regional Rehabilitation Center for Youth (RRCY), a DSWD-managed center where an appropriate diversion plan will be implemented.
He said the minor’s progress will be regularly evaluated, with periodic reports submitted to the court.
“Pag napagkasunduan na by age of majority na hindi siya na-reform, then makukulong siya,” he said.
On the other hand, the DSWD chief said the 14-year-old suspect, despite being below the minimum age of criminal responsibility, will also remain under the custody of the DSWD.
“Yung case ng 14-year-old, kahit wala pa syang criminal liability, wala na rin sya sa komunidad nya. Hindi na sya babalik doon,” he said.
Sec. Gatchalian pointed out that the intervention plan for the younger suspect will depend on the assessment of DSWD social workers and the case manager.
If social workers determine that there is no improvement, the child may continue staying at the rehabilitation center.
“Depende na rin yan sa magiging intervention plan at sa assessment ng mga social worker, pag nakita nila na walang improvement, mayroon kaming cases na nasa amin sya. Parang inilagay ka rin in detention pero sa Bahay Pag-asa or RRCY. Pero may liability, hindi na magiging normal yung mga buhay nila, wala na sila sa nga komunidad nila,” Sec. Gatchalian said.
He explained that the RRCY and LGU-run Bahay Pag-asa facilities provide an age-appropriate setting that complies with the Juvenile Justice and Welfare Act and the country’s international commitments on the rights of CICL.
He also assured that the DSWD will provide all necessary assistance to help all individuals affected by the incident, especially the three bereaved families.
“Ang instruction ng ating Pangulo [Ferdinand R. Marcos Jr.], lahat ng kakailanganin ng mga naging biktima ay kailangan ibigay natin,” Sec. Gatchalian said.
Sec. Gatchalian also reiterated that the DSWD shares the same openness as President Marcos Jr. in discussing the minimum age of criminal responsibility for minors but stressed the need to hear the statements of “subject matter experts.”
“Kailangan natin ng mga child development experts, child psychologists. Kailangan marinig natin yung scientific evidence bago tayo magdesisyon,” he said.
“Kaya ang statement mg ating Pangulo ay open para makinig, makilahok, pag-usapan para makahanap tayo ng magandang way forward. Kami rin, the Department has always been working with policy experts.”
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