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| (Photo lifted from the FB of Bishop Pablo David) |
The House of Representatives under the Speakership
of Gloria Macapagal Arroyo, is now rushing for the approval of the act amending
and expanding the RA 9344 “The Juvenile Justice and Welfare Act of 2006” which
will LOWER DOWN THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY OF CHILDREN FROM 15
YEARS OLD TO 12 YEARS OLD. This is House Bill No. 8858, which has been approved
on 2nd reading by the Lower House last January 23, 2019
The proposed bill was introduced with the following
objectives:
·
To protect minors from being exploited
by syndicates and unscrupulous persons that use minors to escape liability for
crimes and other illegal activities.
·
To provide adequate intervention and
diversion measures for children in conflict with the law.
·
To increase the penalties for the
exploitation of children for the commission of crimes.
We oppose this
bill on the following grounds:
1. We now
have the Juvenile Justice Welfare Act (JJWA) or RA 9344
In this Law the CHILDREN IN CONFLICT WITH THE LAW
(CICL) who are below 15 years of age should have age - appropriate
interventions from the DSWD. Those who are 15 years old till 18 years are to be
put in rehabilitation centers and not to be mixed with other prisoners. They
should undergo rehabilitation programs in these centers. The whole purpose of
the JJWA for CICL and for CHILDREN AT RISK (CAR) is
·
Prevention
·
Diversion
·
Rehabilitation
·
Re-integration
·
Aftercare
The law is not property implemented since 2006.
·
There are not enough rehabilitation
centers and those that have are not properly staffed and there is not enough
program to rehabilitate the children.
·
The DSWD does not have enough personnel
to handle the CICL and CAR in the municipalities.
·
The barangay officials are not oriented
or are not doing anything to take care of the CAR although they have a mandate
for this.
The government has a very poor record of
implementing laws. We call for full implementation of this law which already
addresses many concerns brought out by the new bill. If the government now is
not able to build rehabilitation centers of CICL since 2006, what guarantee we
have the that proposed Bahay Pangarap of this bill will be built and properly
staffed?
2. CICL
account for less than 2% of criminality in the country and many of these are
petty crimes due to hunger, influence of peers and lack of parental guidance.
CICL may be used by syndicates and adults to do crimes. This means that they
are victims. Criminalizing them will not solve the problem unless we go after
the syndicates. The Police shows its failure to get the syndicates and instead
would run after victims of these syndicates. When this bill becomes a law, the
police will tap its shoulders for having put children in jail and not bother to
look for the syndicates and adults who use the children, as they tap their
shoulders for having killed small time users of drugs instead of getting at the
big drug lords!
3. Science
tells us that children below age 18 are not fully developed intellectually,
emotionally and psychologically. This is why they are not allowed to vote and
are not allowed to enter into legal contracts. The argument that the bill will
act as a deterrent does not hold water because the kids do not see the full
implications of the law nor of their actions. The users of these kids will
continue to use them since there are many vulnerable kids anyway because of
widespread poverty.
4. Once a
child of 12 is criminalized, his/her record for life is already a criminal. We
destroy his/her future without him/ her knowing fully what he/she has done.
This brand or stigma as a criminal in his/her records will close a lot of doors
for his/her future.
5. The
Philippine government is party to the United Nations Convention on the Rights
of Children (UNCRC) which prohibits criminalization of children. According to
the Committee on the Rights of the Child General Comment No. 24 replacing
General Comment No. 10 of 2007 (Child Rights’ in Juvenile Justice), “State
parties are encouraged to increase their minimum age to at least 14 years,
while those with 15 or 16 years of age are commendable. Further, the Committee
recommends that State Parties should under no circumstances reduce the minimum
age of criminal responsibility, if its current penal law sets the minimum age
of criminal responsibility at an age higher than 14 years.”
6. Lastly, a
very dangerous section (Section 43-A) was inserted which in effect will prevent
any appeal or reconsideration or correction in the judgements given to these
young offenders, to wit:
SEC 43-A.
PENALTY FOR VIOLATION OF CONFIDENTIALITY OF RECORDS- ANY PERSON WHO HAS BEEN
FOUND GUILTY OF DIVULGING, WILFULLY OR THROUGH GROSS INEXCUSABLE NEGLIGENCE,
THE RECORDS OR ANY INFORMATION RELATION TO THE PROCEEDINGS INVOLVING CHILDREN
IN CONFLICT WITH THE LAW, SHALL SUFFER THE PENALTIES IMPOSED IN TITLE VII,
CHAPTER 3 OF THIS ACT.”
Simply put, once
a child has been arrested, the court, within 72 hours, has to make a decision
for the petition for an involuntary commitment to these specialized facilities.
The initial period of the placement of the child shall not be less than one
year. After that 72 hours, no person can have access to the records or any
information in relation to the proceedings. Therefore, No DSWD, NGO or
Charitable Institution can help these children because NO ONE WILL GIVE OUT ANY
RECORD OR INFORMATION UNDER THE PAIN OF STIFF PENALTIES.
What should we do as Church?
·
We promoted Positive Discipline and
Responsible Parenting in our family ministries.
·
We should also join the advocacy to stop
corporal punishment.
·
We set up programs for the protection of
children and vulnerable adults. Programs on this kind are already in place,
such as the one being promoted by the Salvatorian Sisters which the diocese of
Novaliches has adopted and pursues.
·
Most important is the effort to end
poverty. Poverty is the reason why many children are out of school, are not
cared for by their parents, resort to substance abuse, and are easily lured by
human traffickers and syndicates.
·
We should raise our voice against this
amendment to MACR as Church. Our strong devotion to Sto. Niño urges us this. If
we make enough noise this bill will not be considered by Senate which in
general is very sensitive to public opinion and public clamor. This is part of
our advocacy to protect the least, the last and the lost and to speak for those
who are voiceless. This is another piece of legislation that is against the
poor and the very vulnerable.
Broderick Pabillo
January 25, 2019
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