RIOFLORIDO, LEA ANGELICA R.

There are various news and reports that commissions of heinous crimes were allegedly committed by Children below Fifteen years of age in order not to be entitled to a criminal responsibility guaranteed by RA 9344. Thus, HB 6052 was created in order to amend RA 9344 known as the juvenile Justice and Welfare Act of 2006. However, RA 9344 should NOT be amended. 1. IT WEAKENS AN EFFORT TO BUILD A CHILD-FRIENDLY JUSTICE SYSTEM.

The 1987 Constitution guarantee the vital role of the Children. Under Article 2 Section 13, The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social-well being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

Our constitution uplift the importance of the youth or the children, naturally they are those aging from eighteen years old or below. However, various reports say that ages 15 years old and below committed crimes. Thus, they come up with the idea of amending RA 9344, wherein they wish to uplift the age of criminal responsibility, those ages 15 and below but not more than 12 will not be exempt from criminal responsibility. Do this children be punished, blame and be responsible to that criminal act? Problems of rising criminality cannot be fixed by simply sending our children to jail. Children in conflict with the law should not be treated by the

State as hardened criminals but as victims of circumstances beyond their control.1 Do they not consider the report that syndicates are hiring these children to commit such crime in order to escape criminal liability. It is logical that PROPER AUTHORITY should do MORE EFFORT to punish the syndicate, the people behind those heinous crimes and not these children of corrupt minds. These children should be saved from the exploitation of the criminals, it is injustice that these innocent young minds would suffer the criminal liability and admittedly these is because of poverty however this circumstance should not be abused by those syndicate by enticing them to commit an act, and I believe that they force to commit it. These children need social protection from the state, Bala reiterated, and argued children will not be saved unless we first admit that the real criminals against them are poverty, abuse, neglect and abandonment and the adult criminals and syndicates, who exploit them, entice, threaten, and force them to commit crimes.2

2. PROPER IMPELEMENTATION OF THE EXISTING LAW. (RA 9344)

The primary purpose of existence of RA 9344 is to protect the best interest of children and recognizes their vital role in our country as guaranteed by the constitution. An existing should be PROPERLY implemented in order to have an effective and efficient result. According to Section 6 of RA 9344: SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the
1 2

http://www.mb.com.ph/articles/360221/lowering-minimum-age-of-criminal-responsibility-hit#.URyOoB2ukmw Ibid.

child shall be subjected to an intervention program pursuant to Section 20 of this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. The observance of intervention Program should be needed, in order to know if it is properly implemented by the proper authority assigned to do such tasked, not only this intervention programs but also the rehabilitation and detention facilities. According to JJWC, there are only 30 youth detention facilities in the country. There are 3 provincial youth homes, 34 at the city level, and 32 at the municipality level. There are 12 youth homes managed by NGOs. As of February 2012, there are 440 children who are detained in adult prisons because of the lack of youth reformatory institutions. Meanwhile, the national government has neglected to provide funds to the JJWC despite the latters crucial mission to uphold restorative justice in the country. With this limited facilities in the country and the limited funds available, it is improper to have this law effective. What should be given weight is not its amendment that would lead to the suffering of the innocent children who should be considered as victims and not offenders. Thus, necessity of amending the law is of no merit. PROPER IMPLEMENTATION is more of the solution.