1583-17 November 16, 2017

The RA 9344 or otherwise known as Juvenile Justice and

Welfare Act of 2006 according to its first provision, is bound to cover
the stages that involves children at risk and those children in conflict
with the law from prevention, rehabilitation and reintegration. This law
exempts children who committed a crime from having a criminal
liability. A child in this law is being referred to as a person that is
under the age of eighteen years (Section 4, Par.3). In line with this,
those children who are under fifteen years of age during the
commission of the crime are exempted to criminal liability unless he
acted with discernment, but still be civilly liable. The children in
conflict with the law will be subject to rehabilitation or diversion
(Section 23). Community-based Programs are those programs
provided in the community for the purpose of rehabilitation of the
offender.

The Declaration of State Policies is being reflected and

observed in this law (Section 2). This law is created in accordance
with the State principles and policies because it shall promote the
best interest of the State. One example that clearly reflects the
protection of the youth is visible in the provision under of Article II,
Section 13 of the Philippine Constitution which states that: 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. The construction of this law is basically construed to be
liberally in favor of the child in conflict with the law (Section 3).

The law being liberally in favor of the child (Section 3)

constitutes various legal impediments. One of these is decriminalizing
offences committed by those who are under legal age. This Act is
visibly careful of the well being of the youth that it forgot that it can or
may be taken advantage by the criminals. This can possibly be one of
the reasons why there has been to a rise of the crimes involving the
minors every year. Another problem that resulted from Juvenile
Justice and Welfare Act is the increase of the number of syndicates
that involve or utilize children in order to gain profit and avoid the
hands of the law. Syndicates and criminals may exploit children
because they know that the law is not strict when it comes to children
in conflict with the law. This act may in short tolerate young criminals
for they will not get the punishment that they deserve considering that
under its provision, a child in conflict with the law shall not be locked
up in a detention cell. The Community-Based Programs also will not
guarantee the absolute reformation of the child in conflict with the
law.

On the other hand, the Juvenile Justice and Welfare Act does
not exempt children in conflict with the law from civil liability. Which
means they are still required by the law to pay for the damages they
have caused. Under its provision, if the criminal responsibility is
determined and that the child is fifteen years old and below, the
authoritys duty is to immediately release the child to the custody of
his parents or guardian and be exempted from criminal liability but
shall be subject to an intervention program. If the child is however
above fifteen years old but below eighteen and who acted with
discernment shall still be exempted from criminal liability but should
undergo a diversion program.

In accordance with our Philippine Constitution, this law shall

protect and promote the youths physical, moral, spiritual, intellectual
and social well-being. The Juvenile Justice and Welfare act is created
for the main purpose of protecting the children from being
misunderstood. This law is very considerate that it looks at the
children in conflict with the law as victims of circumstances beyond
their control. The law looks at various consequences such as poverty,
lack of parental guidance and formal education as different factors
that affect the innocent minds of the youth. However, these criminals
may still take advantage of the loopholes of this law.

References:

Republic Act No.9344 AN ACT ESTABLISHING A

COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL
UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES. (nd). Retrieved
November 12, 2017, from
http://www.lawphil.net/statues/repacts/ra2006/ra_9344_2006.html

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE

PHILIPPINES ARTICLE II. (n.d.). Retrieved November 12, 2017,
from http://www.officialgazette.gov.ph/constitutions/the-1987-
constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-
the-republic-of-the-philippines-article-ii/

Briefing Paper on the Juvenile Justice and Welfare Act of 2006

(R.A.9344). (2012, November 23). Retrieved November 12, 2017,
from https://clrdc.wordpress.com/category/statement-2/juvenile-
justice-and-welfare-act-of-2006-r-a-9344/