Juvenile Justice Law will be amended by year’s end — solon

A CEBUANO congressman is confident that the country’s Juvenile Justice Law will be amended by the Lower House before the year ends.

Rep. Pablo Garcia (Cebu 2nd district) said yesterday that the technical working group had already finished formulating the consolidated bill.

“I suppose before the year ends when they will approve the bill in the House of Representatives there is a similar bill in the Senate so that will expedite the passage of this amended bill,” he said.

Last year, Garcia filed House Bill 2894 that sought to rationalize the fixing of the minimum age of criminal liability during the regular session o f the 15th Congress.

In his bill, Garcia categorized the children’s ages in three groups. These are Children at Risk, Children in Conflict with the Law and Youthful Offenders.

Children at Risk are those in the age group below 12 years old. They should be totally exempted from criminal liability.

Children in Conflict with the Law are those children in the age group of 12 to 15 years old. They should be exempt from criminal liability unless acting with discernment.

Youthful offenders are above 15 but below 18 age group. Garcia said in his bill that these youthful offenders on specific cases like murder, parricide, homicide, kidnapping, rape, robbery, drug trafficking or other offenses punishable by more than 12 years will be facing criminal liabilities in accordance with the provisions of Presidential Decree No. 603 or the Child and Youth Welfare Code.

Garcia said  yesterday that the youthful offenders in these cases would be presumed acting in discernment.

“The exemption from criminality in the bill does not include exemption from civil liability, which will be enforced in accordance with existing laws,” the bill said.

The other amendments in the bill include the automatic suspension of sentence if a child is below 15 years old.

Those who had been presumed to be acting in discernment and those who had been proved to be children in conflict with the law will be subject to diversion programs that will be determined by social welfare officers.

Garcia and other congressmen filed proposed amendments to the Justice Juvenile Law after reports of syndicates using children to commit crimes became rampant.

The Juvenile Justice Law states that all children in conflict with the law aged 15 and below and those above 15 but below 18, who acted without discernment, are exempted from criminal liability.

Meanwhile, at least two Cebu officials support the move to amend the Juvenile Justice Law in the country.

Cebu Vice Mayor Agnes Magpale said she particularly wanted the minimum age of criminal liability to be amended.

Cebu Provincial Board Member Julian Daan also said he would support the move to amend the law.

Cebu City Police Chief Melvin Ramon Buenafe said city policemen would support the move to amend the Juvenile Justice Law.

He said it would solve the problems on minors frequenting Mango Avenue at night and committing petty crimes. /Correspondent Carmel Loise Matus with a report from Correspondent Chito O. Aragon

Read more...