Should Juvenile Justice law be changed?

LAWYER Earl Bonachita, president of the Integrated Bar of the Philippines (IBP) Cebu City chapter, said he favors amending the Juvenile Justice Law of 2004.

Child advocates, however, disagree.

“There should be a restudy of the law especially that (reports point out that minors) are being used by crime syndicates,” said Bonachita.

He said he will discuss the issue during the next IBP meeting.

Bonachita said the “age of discernment” should be restudied so thtat the right of minors against degrading treatment or punishment could also be protected.

Human rights lawyer Democrito Barcenas favors change.

“RA 9344 must be amended. The law has not been studied well and was just patterned after the US. It’s high time to amend that law,” Barcenas said.

He said only juvenile offenders aged 12 and below should be exempted from crminial liability.

“At the age of 15, an offender is at the age of reason. (He or she) knows what is right and wrong. They are being used by syndicates, drug pushers, smugglers…,” Barcenas said.

With youths exposed to the Internet, cybercrime and violence, Barcenas said many are easily influenced to engage in crime.

“(Some) parents are abroad. While earning dollars, they forget their social responsibility. Children suffer because their parents are not around,” he said.

“Life has completely changed. The long-cherished values of discipline and family unity are no longer there. Crimes are on the rise,” said Barcenas, former president of the IBP Cebu City chapter.

Lawyer Noemi Truya-Abarientos of the Children’s Legal Bureau (CLB) expressed concern about violence against children and said the special law shouldn’t be amended.

She said poverty was the main reason some minors engage in crime.

“Their parents can’t take care of them. (Instead of taking care of their children), parents are busy with their lives as well as their vices,” Abarientos said.

But she disagreed that RA 9344 has been abused.

A minor accused of crime is supposed to be subjected to an intervention program under the law.

The child isn’t exactly scot-free. His parents can still be sued for damages as civil liability.

“His parents or guardian still have to repair for the wrong done in terms of payment of damages or such other liabilities as may be proper,” Abarientos said.

RA 9344 requires minors 15 years old and below to be released to their parents or guardian or to the nearest relative.

Authorities shall notify the local social welfare officer who will decide a suitable intervention program in consultation with the child and parents.

“It is not therefore enough to release the child where he is apprehended and found to be 15 and below. There must be proper turnover of the child, and procedures to be followed. Simply releasing the child and leaving him to fend for himself for him to commit another offense is a violation of this law,” Abarientos said.

She said the law mandates local governments to build youth detention homes for children-in-conflict-with-the-law so kids don’t mingle with adult inmates.

Sadly, however, few LGUs have these youth facilities.