CONGRESSIONAL CHILD CARE

A JUVENILE ATTEMPT AT LAW MAKING:

REVISITING THE JUSTICE SYSTEM FOR CHILDREN
IN CONFLICT WITH THE LAW
Celina S. de Vera*

OUTLINE
I. INTRODUCTION

II. PROFILE OF A CHILD IN CONFLICT WITH THE LAW

III. U.N. CONVENTION ON THE RIGHTS OF THE CHILD

IV. SALIENT FEATURES OF THE JUVENILE JUSTICE AND

WELFARE ACT 2006
A. Rights of a Child in Conflict with the Law
B. Restorative Justice
C. Minimum Age of Criminal Responsibility and Diversion
D. Suspension of Sentence
E. Probation as an Alternative to Imprisonment
F. Presumption of Minority
G . Confidentiality of Records and Proceedings
H. Status Offenses and Offenses Not Applicable to Children
I. Creation of a Welfare Council

V. PROBLEMS WHICH THE LAW OVERLOOKED

VI. CONCLUSION

I. Introduction
A high school kid from Quezon City was beaten to death by his
thirteen
year old schoolmate, but because of Republic Act 9344 (The Juvenile
Justice
and Welfare Act 2006) which exempts children below fifteen years of
age from
criminal liability, he was released from prison. In Puerto Princesa, an
eleven

______________________________________________________________
*’08. Ll.B., candidate, University of Santo Tomas Faculty of Civil Law. Associate
Managing
Editor, UST Law Review.
 234 USTLAWREVIEW

year old boy who admitted killing a two year old child turned himself in
and
confessed to the barangay officials a few days after the body of the
two year old
boy was found floating at a nearby river. The boy said that he killed the
victim
because he thought that the victim’s family was stealing from them.
There was
not even a trace of remorse in the facial expression and tone of the
eleven year
old boy when he confessed his crime. Again, because of R.A. 9344, the
minor
offender was not charged of any criminal offense.1

Republic Act 9344, otherwise known as the Juvenile Justice and

Welfare
Act of 2006 was sponsored by Senator Francisco Pangilinan and
Representative
Simeon Datumanong. The enactment of the new law was brought
about by
the condemnation of the international community after Cable News
Network
(CNN) featured in documentary, thousands of children in prison sharing
the
same jail facilities with adult offenders. The law was passed by
Congress on
March 22, 2006 and was signed by President Gloria Macapagal-Arroyo
into law
on April 28, 2006. It took effect on May 5, 2006, fifteen days after its
publication.2
1
RA 9344 Juvenile Justice Law: Should it be amended, repealed or retained
http://queencassiopeia.
wordpress.com/2007/09/28ra-9344-juvenile-justice-law-should-it-be-amended
repealed -orretained/
(last accessed December 28, 2007).
2
http://www.pcij.org/blog//p=912 (last accessed December 2, 2007).
An immediate effect of this law was the retroactive dismissal of
criminal cases
filed against thousands of children below fifteen years of age
throughout the
country.3 It is the first law that protects the rights of children in conflict
with the
law. R.A. 9344 provides them the opportunity and chance, through
alternative
child-friendly measures, to reform and be reintegrated into their family
and
community as a productive member of society.4 The aim is to divert
children
who commit minor crimes out of the formal criminal justice system and
to
keep them out of jails confining adult prisoners. The law is anchored on
the
principle that youth offenders should not be punished in the same way
as adult
offenders are punished, but instead be made to undergo rehabilitation
programs.
The objective of the law is to fully protect the rights of “children at
risk” and
“children in conflict with the law “ and make the detention of such
children as
the last resort.5 Section 4 of R.A. 9344 defines a child as a person
under the
CONGRESSIONAL CHILD CARE
235

age of eighteen years. “Child at Risk” refers to a child who is

vulnerable to and at
the risk of committing criminal offenses because of personal, family
and social
circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical,

3
http://www.cyc-net.org/features/viewpoits/c-problemslaw.html (last accessed
December 2,
2007).

4
About RA 9344-Juvenile Justice and Welfare Act of 2006
http://www.dswd.gov.ph/faqdetails.
php/id=48 (last accessed December 28, 2007).
5
R.A. 9344, § 2 (2004).
psychological, mental, economic or any other means and
the parents or guardian refuse; are unwilling, or unable
to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search
and inquiry, the parent or guardian can not be found;
(4) coming from a dysfunctional or broken family or without
a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or
drug abuse; and
(9) living in situations of armed conflict.6

“Child in Conflict with the Law” refers to a child who is alleged as,
accused
of, or adjudged as, having committed an offense under Philippine
laws.7 Children
in conflict with the law are presumed by R.A. 9344 as victims
themselves. They
are not considered as criminals but as victims of circumstances beyond
their
control who are supposed to be treated as individuals with problems
who need
guidance and assistance. When children come into conflict with the
law, they
need help, not retribution.

Republic Act 9344 has introduced several reforms in the manner

by which
children in conflict with the law are handled. It establishes a
comprehensive system
for the administration of juvenile justice, including the rehabilitation of
children
in conflict with the law, their reintegration into their respective
communities and
the prevention of juvenile delinquency.8 The new law enumerates the
rights of
children in conflict with the law, prohibits their detention in jails and
provides

6
R.A. 9344, § 4 (d).
7
R.A. 9344, § 4 (e).
8
Supra note 2.
for alternatives to detention. It introduces the principle of restorative
justice
and a system of diversion in dealing with children in conflict with the
law. The
new law also increases the age of criminal responsibility from nine to
fifteen

236 USTLAWREVIEW

years of age. It exempts children from being prosecuted for certain

crimes and
decriminalizes status offenses. Moreover, a national council on juvenile
justice
and welfare was created to ensure the effective implementation of the
new law.

II. PROFILE OF A CHILD IN CONFLICT WITH THE LAW

Before R.A. 9344 took effect, there were already several laws
governing
the welfare and protection of children in conflict with the law such as
the Child
and Youth Welfare Code (P.D. 603), The Special Protection of Children
against
Child Abuse, Exploitation and Discrimination Act 1992 (Republic Act
7610)
and An Act Establishing Family Courts (Republic Act 8369) which
grants family
courts exclusive original jurisdiction over cases involving children.
Despite these
laws, juvenile delinquency continues to be one of the major problems
of our
country. According to the Second Country Report on the
Implementation of the
Convention on the Rights of the Child submitted by the government’s
Council for
the Welfare of Children, an average of 28 children are being arrested
and detained
everyday.9 Children in conflict with the law are usually male, between
the ages
9
http://pressinstitue.ph/archives/jds.html (last accessed December 2, 2007).
of 14-17 and who come from low-income families. With respect to
educational
attainment, studies indicate that many of the children in conflict with
the law
have not even completed elementary education.10 More than half of the
crimes
committed by them were not serious offenses. Theft was the most
common
offense committed followed by violations for sniffing rugby, vagrancy
and going
against the 10 p.m. curfew imposed by local ordinances.11 Almost all
children
in conflict with the law were arrested in flagrante delicto.12 Upon their
arrest they
were brought to jails and were detained together with adult prisoners
because
majority of the jails all over the country do not have separate detention
facilities

CONGRESSIONAL CHILD CARE

237

for children.13 While under detention, these children live in appalling

conditions.
The daily food budget for detained children is only P35.00. They are
allowed to

10
Lifted from Ma. Amelia Corado’s Thesis on Cognitive/Behavioral Modification
program for Children
in Conflict with the Law (2004).

11
L. Peňa, Risk Factors and Causal Processes in Juvenile Delinquency: Research and
Implications for
Prevention, Philipp ine Journal of Psychology (2006).

12
Generally, before an arrest can be effected there must first be a warrant of Arrest.
However,
Rule 113 Section 5 of the Rules on Criminal Procedure enumerates the instances
whereby
an arrest may be validly made even without a warrant, one of which is the
warrantless arrest
under circumstances contemplated under Section 5 (a) that is when the person to be
arrested
has committed, is actually committing, or is attempting to commit an offense is
denominated
as one “in flagrante delicto”
eat only P35.00 worth of meals a day which is why most of the children
become
sickly and malnourished. Most of them complain of being tortured and
abused
by the police officers as well as the adult prisoners. In Southern
Mindanao for
instance, more than five out of every ten detained children suffer from
sexual
advances while in the custody of government authorities.14 They are
abused by
those who are supposed to guard them. Such treatment is not only
inhumane
but also inconsistent with the United Nations Convention on the Rights
of the
Child to which the Philippines is a signatory.

IV. UNITED NATIONS CONVENTION

ON THE RIGHTS OF THE CHILD

The Philippines is a signatory to the United Nations Convention on the

Rights of the Child15 and the enactment of The Juvenile Justice and
Welfare Act 2006
is one of the efforts of the country in honoring the provisions of the
convention.16
It is an international convention setting out the civil, political,
economic, social

13House Bill No. 5065 entitled “An Act Providing Special Protection to Children in
Conflict
With Law By Establishing A Comprehensive Juvenile Justice and Deliquency
Prevention
Under The Department of Justice, Appropriating Funds Therefor and For Other
Purposes”,
13th Congress, No. 110, February13, 2006, Representative Etta Rosales.

14 Id.

15 In the 1940s the United Nations produced the Universal Declaration of Human
Rights,
which was adopted in 1948. This declaration applies to children as well as adults.
However,
growing awareness of the rights of children led to calls for a dedicated children’s
human rights
treaty. In 1959 the UN General Assembly adopted the second Declaration of the
Rights of
the Child. This consisted of ten principles for working in the best interests of the
child. This
was not legally binding, however, and was only a statement of intent.
The Convention on the Rights of the Child was drafted over the course
of 10 years between 1979 and 1989. Representatives from all societies, religions
and cultures contributed, and a working group was given the task of drafting the
convention. Like all human rights treaties, the Convention on the Rights of the
Child had first to be approved, or adopted, by the United Nations GeneralAssembly.
On 20 November 1989, the governments represented at the General Assembly
agreed to adopt the convention into international law. It came into force in
September 1990.
(http://en.wikipedia.org/wiki/Conventions_on_the_Rights_of_the_Child [December 17,
2007]).

16http://davaotoday.com/2007/07/02/judge-avisado-juvenile-justice-act-is-a-good-law-
but/
(last accessed December 28, 2007).

238 USTLAWREVIEW

and cultural rights of the children and sets out in detail what every
child needs to
have a safe, happy and fulfilled childhood.17 The Convention is child-
centric and
deals with the child-specific needs and rights. It is a comprehensive
instrument
which sets out rights that define universal principles and norms for the
status
of children. It not only outlines these fundamental rights and freedoms,
but
also takes into account the need for children to have special assistance
and
protection due to their vulnerability. It is the first instrument to focus
solely
on the child regardless of sex, religion and social origin.18 At present, it
is the
most widely ratified international human rights instrument, 193 states
are party
to the Convention.19 Except for the United States and Somalia, almost
all the
members of the United Nations have ratified the Convention.

Article 40 of the UN Convention specifically deals with juvenile

justice
and the treatment of children in conflict with the law. It maintains that
every
child who has infringed the penal law is entitled to treatment in “in a
manner
consistent with the promotion of the child’s sense of dignity and
worth.”20 It
states that a child accused of having infringed the penal law must be
afforded a
fair trial and must be:

• presumed innocent until proven guilty according to law;

• informed promptly and directly of the charges against him or her,

and,
if appropriate, through his or her parents or legal guardians, and to
have
legal or other appropriate assistance in the preparation and
presentation
of his or her defense;

• have the matter determined without delay by a competent,

independent
and impartial authority or judicial body in a fair hearing according to
law, in the presence of legal or other appropriate assistance and,
unless
it is considered not to be in the best interest of the child, in particular,
taking into account his or her age or situation, his or her parents or
legal
guardians;

_______________________________________________________________________
_
http://enwikipedia.org/wiki/Convention_on_the_Rights_of_the_Child (last accessed
17
December 19, 2007).
18http://www.everychildmatters.gov.uk/strategy/uncrc/background/ (last accessed
January
22, 2008).
19 Supra note 17.
20http://www.justice.gov’t.nz/youth/media/conference-london-sept-2005/chapter-
2.html
(last accessed January 22, 2008).

CONGRESSIONAL CHILD CARE

239

• not to be compelled to give testimony or to confess guilt; to examine

or have examined adverse witnesses and to obtain the participation
and examination of witnesses on his or her behalf under conditions of
equality;

• have this decision and any measures imposed in consequence

thereof
reviewed by a higher competent, independent and impartial authority
or
judicial body according to law;

• have the free assistance of an interpreter if the child cannot

understand
or speak the language used;

• have his or her privacy fully respected at all stages of the

proceedings.21
It further dictates that States must promote laws and judicial
procedures
that are tailored to children who are alleged to have infringed the
penal law.22
States that have ratified the Convention are urged to establish a
minimum age
below which children shall be presumed not to have the capacity to
infringe the
penal law.23 The Convention, however, does not set a specific age and
it varies
among the different countries which ratified such Convention. In China
for
example, children from ages 14 to 18 are dealt with by the juvenile
justice. In
Japan, offenders below the age of 20 are tried in a family court rather
than in
the criminal court system. In all Scandinavian countries, the age of
criminal
responsibility is fifteen and adolescents under eighteen are subject to a
system
of justice inclined mostly towards social services with incarceration as
the last
resort. In Latin American countries such as Brazil, Columbia and Peru
the age of
criminal responsibility has been raised to 18 years old. In such
countries children
from 12 to 18 years old are held responsible under a system of juvenile
justice.24
In the United States25 the age of criminal responsibility is established
by state
law. Only 13 states have set minimum ages, which range from 6 to 12
years old.
Most states rely on common law, which holds that from age 7 to 14,
children

_______________________________________________________________________
_
21 UN Convention on the Rights of the Child (UNCRC), Article 40 par. 2 (b)
22 Supra note 20.
23 UNCRC, Art. 40 par. 3 (a)
24 http://www/unicef.org/pon97/p56a.htm (last accessed December 2, 2007).
25The United States of America did not ratify the Convention US signed the
Convention
but never completed their ratification process. On February 16, 1995 Madeleine
Albright,
US Ambassador to the UN at that time, signed the Convention. However President
Clinton
did not submit it to the Senate for its advice and consent.
(http://en.wikipedia.org/wiki/
Conventions_on_the_Rights_of_the_Child [December 17, 2007]).

240 USTLAWREVIEW

cannot be presumed to bear responsibility but can be held

responsible.26 The
minimum age in Bangladesh, India, Myanmar and Thailand is 7. In
Singapore
the age of criminal responsibility is likewise pegged at 7. From the data
it can
be readily seen that there is considerable disparity among different
jurisdictions
as to the minimum ages adopted for imposing criminal responsibility.
The wide
variation in the age of criminal responsibility reflects a lack of
international
consensus.27 International standards such as the Beijing Rules for
juvenile
justice recommend that the age of criminal responsibility be based on
emotional,
mental and intellectual maturity.

In formulating R.A. 9344, legislators took into account the UN

Guidelines for the Prevention of Juvenile Delinquency (Riyadh
Guidelines)28
and the UN Minimum Rules for the Administration of Juvenile Justice
(Beijing Rules).29 These two are the most commonly referred to
international
instruments for purposes of juvenile justice reform. The Beijing Rules
take
into account diverse national setting and legal structures, reflect the
aims and
spirit of juvenile justice and set out desirable principles and practice for
the
administration of justice for children in conflict with the law.30 The Rules
represent the minimum conditions internationally accepted, under
which
children in conflict with the law shall be treated. The Rules likewise
emphasize
that placement of a child in conflict with the law shall always be a
disposition of
last resort and for the minimum necessary period and that the reaction
of the
authorities is proportionate to the circumstances of the offender as
well as the
offense. The Rules promote: the use of diversion from formal hearings
to the
proper community programs; proceedings before any authority to be
conducted
in the best interests of the child; thorough consideration before
depriving a
child in conflict with the law of liberty; specialized training for all
personnel
dealing with juvenile cases; the organization and promotion of
research as

______________________________________________________________________
26 Supra note 24.

27 Id.

28The UN Guidelines for the Prevention of Juvenile Delinquency was adopted by the
General
Assembly in its resolution 45/112 of December 14, 1990. It was first elaborated at a
meeting
held by the Arab Security Studies and Training Center (ASSTC) in Riyadh and was
thus
designated as the Riyadh Guidelines.

The Beijing Rules was adopted by the General Assembly in its resolution 40/33 of
29
November
29, 1985 upon the recommendation of the Seventh Congress.

30http://www.uncjin.org/Standards/Compendium/pt1e.pdf (last accessed January 22,

2008)

CONGRESSIONAL CHILD CARE

241

a basis for effective planning and policy formation. According to the

Beijing
Rules, a juvenile justice system should be fair and humane. The
paramount
consideration is always the well-being and the best interest of the
child. The
importance of rehabilitation is also emphasized, requiring necessary
assistance
in the form of education, employment or accommodation to be given
to the child
and calling upon volunteers, voluntary organizations, local institutions
and other
community resources to assist in that process.31 Although the Beijing
Rules are
not in the form of a treaty, which means that they are not directly
enforceable,
they nevertheless made an important contribution to children’s rights.

The Riyadh Guidelines, on the other hand, move beyond viewing

children’s rights simply as procedural. The Guidelines adopted a more
expansive
approach to children’s rights and urged a focus on the development of
social
policies and practices that avoided criminalizing and penalizing
behaviors. The
Guidelines call for the decriminalization of status offenses. Also, the
Guidelines
intend to rechannel resources in order to prevent anti-social
behavior.32 These
resources are aimed at strengthening families, reforming educational
programs,
reorienting community resources toward supporting children and
families and
maximizing the appropriate use of the mass media.33 The emphasis is
on the
responsibility of the society to assist families in giving care and
protection for
youth and in ensuring their well-being.
 IV. SALIENT FEATURES OF THE JUVENILE JUSTICE AND
WELFARE ACT

A. Rights of a Child in Conflict with the Law

The child in conflict with the law is conferred with the following
rights,
among others:

(a) The right not to be subjected to torture or other cruel, inhuman

or degrading treatment or punishment;

(b) The right not to be deprived, unlawfully or arbitrarily, of his/her

______________________________________________________________________________
31http://www.juvenilejusticepanel.org/en/standardsoverview.html (last accessed
November
30, 2007).

32J.R. Levesque, Future Visions of Juvenile Justice: Lessons from International and
Comparative Law,
Creighton Law Review, Vol.29 (1995-1996), at 1568.

33 Id.
242 USTLAWREVIEW

liberty; detention or imprisonment being a disposition of last

resort, and which shall be for the shortest appropriate period of
time;

(c) The right to be treated with humanity and respect, for the inherent
dignity of the person, and in a manner which takes into account
the needs of a person of his/her age;

(d) The right to testify as a witness in his/her own behalf under the
rule on examination of a child witness;

(e) The right to his/her privacy respected fully at all stages of the
proceedings;

(f ) The right to diversion if he/she is qualified and voluntarily avails

of the same;

(g) The right to be imposed a judgment in proportion to the gravity

of the offense where his/her best interest, the rights of the victim
and the needs of society are all taken into consideration by the
court, under the principle of restorative justice.34
 B. Restorative Justice

The Juvenile Justice and Welfare Act of 2006 adopts restorative

justice
as a framework. Section 1 of R.A. 9344 provides that the State shall
apply the
principles of restorative justice in all its laws, policies and programs
applicable to
children in conflict with the law. Restorative Justice refers to a principle
which
requires a process of resolving conflicts with the maximum
involvement of the
victim, the offenders, and the community. It seeks to obtain reparation
for the
victim; reconciliation of the offender, the offended and the community;
and
reassurance to the offender that he/she can be reintegrated into
society. It also
enhances public safety by activating the offender, the victim and the
community
in prevention strategies.35 It is a theory of justice that emphasizes
repairing the
harm caused or revealed by criminal behavior.36 Restorative justice, as
opposed
to retributive justice or justice attained by punishing or sanctioning the
offender,

____________________________________________________________________
34http://www.mb.com.ph/issues/2007/05/23/OPED2007052394463.html (last
accessed
December 2, 2007).

35 R.A. 9344, § 4 (q).

36http://www.restorativejustice.org/editions/2006/oct06/intro (last accessed

December 2,
2007).

CONGRESSIONAL CHILD CARE

243

is seen as an effective way by which diversion can be done.37 Diversion

is defined
as an alternative, child-appropriate process of determining the
responsibility and
treatment of a child in conflict with the law on the basis of his/her
social, cultural,
economic, psychological or educational background without resorting
to formal
court proceedings.38 Retributive justice centers on the crime and the
criminal.

The victim is essentially forgotten for the focus is on punishing

the criminal rather
than restoring the victim to his or her self-worth and self-esteem. In
restorative
justice, attention is not centered on the criminal alone but on the
victim as well.
The criminal is made to confront and see the pain and the suffering he
has caused
apart from being meted out the penalty he deserves in accordance
with the law.39
It has been said that facing an angry victim and his family in mediation
is often
more difficult for an offender than simply serving detention without
facing his
victim. Restorative justice involves bringing together the offender and
the victim
in mediation in a community setting, using respected community
members as
mediators. The offender experiences justice in a very real way by
facing his/
her victim, confronting the offense and hopefully working out a solution
that is
acceptable and mutually beneficial to all parties concerned.40

C. Minimum Age of Criminal Responsibility and Diversion

With the enactment of R.A. 9344, the age of criminal

responsibility has
been increased from nine to fifteen years of age.41 Section 6 provides
that “a child
fifteen years of age or under at the time of the commission of the
offense shall
be exempt from criminal liability.” Instead of imprisonment, the child
shall be
subjected to an intervention program which refers to a series of
activities which
are designed to address issues that caused the child to commit an
offense. It
may take the form of an individualized treatment program which may
include

_____________________________________________________________________
37Save the Children UK, Breaking Rules: Children in Conflict with the Law and the
Juvenile Justice
Process THE EXPERIENCE (2004).
38 R.A. 9344, § 4 (i).
39http://www.manilastandardtoday.com//page=ritaLindaJimeno_june12_2006 (last
accessed December 2, 2007).
40 Save the Children UK, supra note 37.
41Before RA 9344 was enacted, the law governing the age of criminal responsibility
was
Presidential Decree No. 603 (The Child and Youth Welfare Code ). Article 189 of the
said
decree provides that a child nine (9) years of age or under at the time of the
commission of
the offense shall be exempt from criminal liability.

244 USTLAWREVIEW

counseling, skills training, education, and other activities that will

enhance his/
her psychological, emotional and psycho-social well-being.42 The
intervention
program involves the case management process to include
assessment, planning,
implementation, monitoring and evaluation to ensure the proper
handling of the
case.43
For children in conflict with the law who are fifteen years old and
below, the
law provides that they are exempt from criminal liability but are made
to undergo
an intervention program. In taking the child into custody, the law
enforcement
officer must properly identify himself and present proper identification
to the
child. He must explain in simple language why the child is being taken
into
custody and explain the offense committed. The officer must inform
the child
of his constitutional rights in a language or dialect understood by him
and must
avoid displaying or using any firearm, weapon, handcuffs or other
instruments
of force or restraint unless absolutely necessary and only after all
methods of
control have been exhausted and have failed.44 The law enforcement
officer
releases the child to his parents or guardian or in the absence thereof,
the child’s
nearest relative immediately upon arrest. The law enforcement officer
then shall
give notice to the local social welfare and development officer who
must explain
to the child and his parents or guardian the consequences of the
child’s acts and
determine the appropriate intervention program for the child.45
A child who is above fifteen years but below eighteen years of age
at the
time of the commission of the offense, shall likewise be exempt from
criminal
liability and will undergo intervention program if he acted without
discernment.46
Whenever the child is arrested, the arresting officer turns over the
custody of the
child to the social worker. The latter in turn determines if turnover of
the child’s
custody to his parents is appropriate. The presence or the lack of
discernment is
likewise determined by the social worker. If the social worker finds that
the child

_____________________________________________________________________
42 R.A. 9344, §4 (l).

43 http://www.dswd.gov.ph/faqdetails.php?id=48 (last accessed December 2, 2007).

44 R.A. 9344, § 21.

45 R.A. 9344, § 20.

46Discernment is defined by psychologists as “patterns of reasoning that enables an

individual
to discriminate the rightness from wrongness about a moral issue. It is the ability to
tell right
from wrong. Arrested Development: The Level of Discernment of Out-of-School
Children and Youth
(http://www.childprotection.org.ph/monthlyfeatures/archives/mar2k3b.html
[December 2,
2007]).

CONGRESSIONAL CHILD CARE

245

acted without discernment, such child will be made to undergo an

intervention
program and will be proceeded against and treated in the same
manner as a child
below fifteen years of age.

In both instances, the child’s exemption from criminal liability

does
not include exemption from civil liability. His civil liability shall be
enforced in
accordance with existing laws.47
If the child above fifteen years but below eighteen years acted
with
discernment, he shall be required to go through a diversion program.48
Diversion
program refers to the program that the child in conflict with the law is
required
to undergo after he/she is found responsible for an offense without
resorting
to formal court proceedings.49 Its mechanisms involve conferencing,
mediation
and counseling. The diversion program shall likewise include adequate
sociocultural
and psychological responses and services for the child.50 It involves the
child’s family, the community and the local barangay officials. The
term diversion
generally describes the various processes that may be used to ensure
that children
in conflict with the law are prevented from entering the formal justice
system.51
Diversion is more than a mere removal from any of the stages of the
formal
criminal justice. The purpose is not to provide an easy ride for the child
so that
he can avoid his liability but to give him options that would enhance
his sense
of responsibility and accountability.52 Under R.A. 9344, with the
supervision of
local social welfare officers, the children in conflict with the law will
undergo a
program for diversion which includes the following:

• Written or oral apology

• Restitution of property

• Reparation of the damage caused

• Indemnification of consequential damages

______________________________________________________________________________
47 R.A. 9344, § 6.

48 R.A. 9344, § 22(b).

49 R.A. 9344, § 4 (j).

50 Supra note 43.

51 Save the Children UK, supra note 37.

52http://www.alternativelawgroups.org/upimages/3%20juvenile%20justice%20faq.pdf
(last
accessed December 28, 2007).

246 USTLAWREVIEW

• Care, guidance and supervision orders

• Confiscation and forfeiture of the proceeds or instruments

of the crime

• Payment of costs of the proceedings

• Written or oral reprimand or citation

• Counseling

• Attendance in trainings, seminars and lectures on anger

management, conflict resolution, values information
and other skills which will aid the child in dealing with
situations which can lead to repetition of the offense

• Community service

• Participation in education, vocation or life skills

Programs
• Institutional care or custody53
In formulating a diversion program, the individual characteristics
and
the peculiar circumstances of the child in conflict with the law shall be
used
to formulate an individualized treatment.54 Since no two children in
conflict
with law are alike, it is only proper to prepare a program or treatment
especially
designed for a particular minor offender. In making a diversion
program for the
child several factors are taken into consideration such as: the child’s
feelings of
remorse for the offense he committed; the parent’s ability to guide and
supervise
the child; the victim’s view about the propriety of the measures to be
imposed
and the availability of community-based programs for rehabilitation
and
reintegration of the child.55
During diversion, mediation, family conferencing and conciliation
are conducted or if appropriate, ingenuous modes of conflict resolution
in
accordance with the best interest of the child are adopted. For children
in
conflict with the law above fifteen but below eighteen years of age who
acted
with discernment, the proper authority determines if diversion is
appropriate.
Diversion proceedings may either be at the level of the Punong
Barangay,56 at

_______________________________________________________________
53 R.A. 9344, § 31.

54 R.A. 9344, § 30.

55 Id.

56 R.A. 9344, § 31 (a).

CONGRESSIONAL CHILD CARE

247
the level of the law enforcement officer and the prosecutor57 or at the
level of
the appropriate court.58 The Punong Barangay or the law enforcement
officer
with the assistance of the local social welfare and development officer
conducts
the diversion if the imposable penalty for the crime committed is not
more than
six years imprisonment.59 In victimless crimes60 where the imposable
penalty is
not more than six years imprisonment, the local social welfare and
development
officer conducts the diversion proceedings.61 Where the imposable
penalty for
the crime exceeds six years imprisonment, diversion measures may be
resorted
to only by the court.62
If there is failure in the diversion program such as when the child
in conflict with the law does not qualify for diversion or when the child,
his
parent, or guardian does not agree to diversion, the prosecutor shall
conduct
a preliminary investigation. Upon determination of probable cause by
the
prosecutor, an information shall be filed against the child.63 During the
trial of
the case, the child may be released on recognizance to his/her parents
or he may
be released on bail. The detention of the child pending trial shall be
used only
as a measure of last resort.64
D. Suspension of Sentence

Once a child in conflict with the law is found guilty of the offense
charged,
he is placed under suspended sentence without the need of
application.65 This
is different from that provided under the old law. Prior to R.A. 9344, the
law
governing the suspension of sentence of youth offenders was Article
192 of P.D.
No. 603 as amended by P.D. No. 1179. Under the old law, a minor who
is fifteen

__________________________________________________________________
57 R.A. 9344, § 31 (b).

58 R.A. 9344, § 31 (c).

59 R.A. 9344, § 23 (a).

60 Victimless crimes refer to crimes where there is no private offended party.

61 R.A. 9344, § 23 (b).

62 R.A. 9344, § 23 (c).

63 R.A. 9344, § 33.

64 R.A. 9344, § 36.

65 R.A. 9344, § 38.

248 USTLAWREVIEW

years old but less than eighteen, may apply for suspension of sentence
provided
that: (a) the penalty prescribed for the crime is not death or life
imprisonment;
(b) he must not have been given a suspended sentence before since
the privilege
can only be availed of once; and (c) at the time the sentence is
promulgated,
he is still below eighteen (18).66 To benefit from P.D. No. 603 as
amended by
P.D. 1179, the accused must be a youthful offender not only at the
time of the
commission of the crime but also at the time of the trial. Thus, when
the accused
is no longer a youthful offender at the time of sentencing, he can not
anymore
avail of the benefit of suspension of sentence.67 However, under R.A.
9344 the
court shall still suspend the promulgation of sentence even though the
offender
is already eighteen years old at the time of the pronouncement of his
guilt.

In the case of Declarador v. Gubaton,68 the Court had the occasion

to
apply R.A. 9344 particularly the provision regarding suspension of
sentence.
In this case an Information was filed against Frank Bansales for the
killing of
Yvonne Declarador. At the time the Information was filed, Bansales was
still
a minor. After trial, the court rendered judgment finding Bansales
guilty of
murder. During the promulgation of his sentence, Bansales was still a
minor.
The court suspended the sentence of the accused and ordered his
commitment
to the Regional Rehabilitation for Youth in Guimaras. Rennie
Declarador, the
surviving spouse of the victim filed a petition for certiorari assailing the
decision
suspending the sentence of Bansales and committing him to the
rehabilitation
center. Declarador claimed that under Article 192 of P.D. 603 as well
as A.M.
No. 02-1-18-SC otherwise known as the Rule on Juveniles in Conflict
with the
Law, the benefit of a suspended sentence does not apply to a youth
offender
who is convicted of an offense punishable by death, reclusion perpetua
or life
imprisonment. During the pendency of the petition, R.A. 9344 took
effect.
Section 38 of the law reads:

SEC. 38. Automatic Suspension of Sentence. – Once the

child who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged,
the court shall determine and ascertain any civil liability which
may have resulted from the offense committed. However,
instead of pronouncing the judgment of conviction, the court
shall place the child in conflict with the law under suspended

___________________________________________________________________
66 L. Boado, Notes and Cases on the Revised Penal Code (2004), at 88.
67 Id. at 89.
68 G.R. No. 159208, August 18, 2006
 CONGRESSIONAL CHILD CARE
249
sentence, without need of application: Provided, however, That
suspension of sentence shall still be applied even if the juvenile
is already eighteen (18) years of age or more at the time of the
pronouncement of his/her guilt.
Upon suspension of sentence and after considering the
various circumstances of the child, the court shall impose the
appropriate disposition measures as provided in the Supreme
Court on Juveniles in Conflict with the Law.

The Court upheld the contention of Declarador and ruled that

Bansales
was not entitled to a suspension of sentence. The raison d’ etre is that
R.A. 9344
merely amended Article 192 of P.D. 603, as amended by the Rule on
Juveniles
in Conflict with the Law, wherein the suspension of sentence shall be
enjoyed by
the youth offender even if he is already 18 years of age or more at the
time of the
pronouncement of his guilt. In other words disqualifications in Article
192 of
P.D. 603, as amended69, and Section 32 of A.M. No. 02-1-18-SC70 have
not been

___________________________________________________________________
69Art. 192. Suspension of Sentence and Commitment of Youthful Offender. – If after
hearing the
evidence in the proper proceedings, the court should find that the youthful offender
has
committed the acts charged against him, the court, shall determine the imposable
penalty,
including any civil liability chargeable against him. However, instead of pronouncing
judgment
of conviction, the court, upon application of the youthful offender and if it finds that
the best
interest of the public, as well as that of the offender will be served thereby, may
suspend all
further proceedings and commit such minor to the custody or care of the Department
of Social
Welfare and Development or to any training institution operated by the government
or any
other responsible person until he shall have reached twenty-one years of age, or for a
shorter
period as the court may deem proper, after considering the reports and
recommendations of
the Department of Social Welfare and Development or the government training
institution or
responsible person under whose care he has been committed.
Upon receipt of the application of the youthful offender for suspension of his
sentence, the court may require the Department of Social Welfare and Development
to
prepare and submit to the court a social case study report over the offender and his
family.
The youthful offender shall be subject to visitation and supervision by the
representative of the Department of Social Welfare and Development or government
training
institution as the court may designate subject to such conditions as it may prescribe.
The benefits of this article shall not apply to a youthful offender who has once
enjoyed suspension of sentence under its provisions or to one who is convicted for an
offense
punishable by death or life imprisonment or to one who is convicted for an offense by
the
Military Tribunals.

70Sec. 32. Automatic Suspension of Sentence and Disposition Orders. – The sentence
shall be suspended
without need of application by the juvenile in conflict with the law. The court shall set
the case
for disposition conference within fifteen (15) days from the promulgation of sentence
which
shall be attended by the social worker of the Family Court, the juvenile, and his
parents or
guardian ad litem. It shall proceed to issue any or a combination of the following
disposition

250 USTLAWREVIEW

deleted from Section 38 of R.A. 9344. Evidently, the intention of

Congress was
to maintain the other disqualifications as provided in Article 192 of P.D.
603,
as amended, and Section 32 of the Rule on Juveniles in Conflict with
the Law.
Hence, youth offenders convicted of a crime the imposable penalty for
which is
reclusion perpetua, life imprisonment or reclusion perpetua to death or
death, are
disqualified from having their sentences suspended.

E. Probation as an Alternative to Imprisonment

When a child in conflict with the law is convicted and sentenced,

the
court may place him on probation71 in lieu of service of his sentence
taking into
account the best interest of the child.72 Under Presidential Decree No.
968
otherwise known as the Probation Law, an application for probation
cannot
be granted if the defendant has perfected an appeal from the
judgment of
conviction. The application for probation must be filed within the same
period
for perfecting an appeal which means that appeal and probation are
exclusive
remedies. However, under Section 42 of R.A. 9344 the child in conflict
with
the law is allowed to apply for probation at any time even after he has
appealed
his judgment of conviction.
__________________________________________________________________
measures best suited to the rehabilitation and welfare of the juvenile: care, guidance,
and
supervision orders; Drug and alcohol treatment; Participation in group counseling and
similar
activities; Commitment to the Youth Rehabilitation Center of the DSWD or other
centers for
juvenile in conflict with the law authorized by the Secretary of DSWD.
The Social Services and Counseling Division (SSCD) of the DSWD shall monitor
the compliance by the juvenile in conflict with the law with the disposition measure
and shall
submit regularly to the Family Court a status and progress report on the matter. The
Family
Court may set a conference for the evaluation of such report in the presence, if
practicable,
of the juvenile, his parents or guardian, and other persons whose presence may be
deemed
necessary.
The benefits of suspended sentence shall not apply to a juvenile in conflict with
the law who has once enjoyed suspension of sentence, or to one who is convicted of
an
offense punishable by death, reclusion perpetua or life imprisonment, or when at the
time of
promulgation of judgment the juvenile is already eighteen (18) years of age or over.

71 Probation is a disposition under which a defendant, after conviction and sentence,

is released
subject to conditions imposed by the court and to the supervision of a probation
officer.
(Establishing a Probation System, Appropriating Funds Therefore and For Other
Purposes,
Presidential Decree 968 as amended by P.D. No. 1257, B.P. 76 and P.D. No. 1990).

72 R. A. 9344, § 4 (b).
 CONGRESSIONAL CHILD CARE
251

F. Presumption of Minority

A child in conflict with the law enjoys the presumption of minority.

He
shall be allowed to enjoy all the rights of a child in conflict with the law
until it
is proved that he is already eighteen years old or older.73 The
responsibility of
determining the age of the child is given to the law enforcement officer
once the
child is taken into custody. Under the law, the age of the child may be
determined
by the child’s birth certificate, baptismal certificate or other relevant
documents.
If these documents are not available, the age may be based on the
information
given by the child himself, from the testimonies of other persons or
from the
physical appearance of the child. Since the child in conflict with the law
enjoys
the presumption of minority the burden of proving otherwise is on the
person
contesting the age of the child. In case of doubt as to the age of the
child, such
doubt should be resolved in his favor.

G. Confidentiality of Records and Proceedings

All records and proceedings involving children in conflict with the

law
are considered private and confidential. R.A. 9344 provides that the
records of a
child in conflict with the law can not be used in subsequent
proceedings for cases
involving the same offender as an adult except when beneficial to the
offender.
The law further provides that a person who has been in conflict with
the law as
a child is not required to disclose any proceedings taken against him
under R.A.
9344 and his concealment of such fact shall not render him criminally
liable for
perjury.74 Perjury is punished under the Revised Penal Code and is
considered
as a crime against public interest. Perjury is the “willful and corrupt
taking of a
false oath in regard to a material matter in a judicial proceeding”. It is
sometimes
called “lying under oath.”75 Because children are expressly exempted
from being
prosecuted for perjury despite their failure to disclose any proceedings
taken
against them under R.A. 9344, in effect the law allows and even
encourages
children to lie.

__________________________________________________________________
73 R.A. 9344, § 7.

74 R.A. 9344, § 43.

75http://criminal-law.freeadvice.com/white_collar_crimes/perjury.htm (last accessed

January
27, 2008).

252 USTLAWREVIEW

H. Status Offenses and Offenses Not Applicable to Children

Among the more important features of R.A. 9344 is the provision

regarding status offenses. Status offenses are those which are
punishable only
when committed by minors but not punishable when committed by
adults.76
Truancy,77 disobedience to parents under P.D. 603 and curfew
regulations are
the most common examples of a status offense. Since R.A. 9344
decriminalizes
status offenses, curfew ordinances passed by most barangays, towns
and cities
against minors are now considered illegal. Likewise, ordinances
enacted by
the different local government units to fight truancy are currently
considered
unlawful.

R.A. 9344 also enumerates offenses which are not applicable to

children.
Section 58 of the said law provides that persons below 18 years old are
exempt
from prosecution for the crimes of vagrancy,78 prostitution,79
mendicancy80
and sniffing rugby.81 Children are not only exempt from criminal liability
but

________________________________________________________________
76 R.A. 9344, § 57.

77Truancy is a term used to describe any intentional unauthorized absence from

school. The
term typically refers to absences caused by students of their own free will, and
usually does not
refer to legitimate “excused” absences (http://en.wikipedia.org/wiki/Truancy [last
accessed
December 2, 2007]).

78Article 202 of the Revised Penal Code –The following are vagrants:
1. Any person having no apparent means of subsistence, who has the physical ability
to
work and who neglects to apply himself or herself to some lawful calling;
2. Any person found loitering about public or semi public buildings or places, or
tramping or wandering about the country or the streets without visible means of
support
3. Any idle or dissolute person who lodges in houses of ill-fame, ruffians or pimps and
those who habitually associate with prostitutes
4. Any person who, not being included in the provisions of other articles of this Code,
shall be found loitering in any inhabited or uninhabited place belonging to another
without any lawful or justifiable purpose
79 Prostitution is any lascivious or lewd act habitually done for profit by a woman.
80Section 3 of Presidential Decree 1563 (The Mendicancy Law of 1978) defines
mendicancy
as any person, except those enumerated in Section 4 of this Decree, who has no
visible and
legal means of support, or lawful employment and who is physically able to work but
neglects
to apply himself to some lawful calling and instead uses begging as a means of living.
81 Sniffing rugby is punishable under Presidential Decree 1619 (Penalizing the Use or
Possession of Unauthorized Sale to Minors of Volatile Substance for the Purpose of
Inducing
Intoxication or In Any Manner Changing, Distorting or Disturbing the Auditory, Visual
or

CONGRESSIONAL CHILD CARE

253

are likewise exempt from being prosecuted for these crimes. Instead,
children
who are caught committing such crimes are required to undergo
appropriate
counseling and treatment program.

I. Creation of A Welfare Council

R.A. 9344 provides for the creation of a juvenile justice and

welfare
council. The council is placed and attached under the administrative
supervision
of the Department of Justice (DOJ) but headed by an undersecretary of
the
Department of Social Welfare and Development (DSWD)82 The main
function
of the council is to oversee the implementation of the law and to
develop a
comprehensive three to five year national juvenile intervention
program with the
participation of various government agencies and youth
organizations.83
V. Problems Which the Law Overlooked

The common notion is that the Juvenile Justice Law is not a sound
legislation; to let young criminals freely roam the streets instead of
punishing them
is not what many believe a proper thing to do to maintain peace and
order in the
society.84 The clamor to amend the R.A. 9344 has started to snowball.
While
the new law appears to be complete and ideal it fails to consider other
equally
important factors and arguments. For one, it fails to take into
consideration the
rights of the victim. The law seems to be more beneficial to the child in
conflict
with the law, disregarding the rights of the victims and leaving said
victims at
the losing end.85 It provides for the rehabilitation of the children who
come in
conflict with the law but does not say anything about the rehabilitation
of the
victims, who may also be minors. After going through a traumatic and
painful
experience caused by the offender do these victims and their families
not need

________________________________________________________________
Mental Process).

82 R.A. 9344, § 8.

83 R.A. 9344, § 9.

84http:www.yehey.com/News/Articles.aspx/id=177263 (last accessed December 2,

2007).

http://www.mb.com.ph/issues/2007/0523/OPED2007052394463.html (last accessed

85
December 2, 2007).

254 USTLAWREVIEW

rehabilitation too? To whom should they go now for justice? Despite

the fact
that R.A. 9344 requires that children in conflict with the law be sent to
centers
for rehabilitation, the present status of the rehabilitation system in the
country
is not yet ready to implement the law.

The new law diverts children away from the usual court
proceedings by
letting them go through alternative procedures and programs for
rehabilitation
and reintegration86 This means that when a child comes in conflict with
the law,
instead of being formally charged in court, the child is released to his
parents
and will be made to undergo an intervention or diversion program, as
the case
may be. Such amendment by the new law on P.D. 603 has been the
subject of
criticism. Some lawyers preferred the previous law on youth offenders
wherein
minors could still be charged in court but would serve a suspended
sentence in
a juvenile facility.87 Moreover, the release of the child to his parents
continue to
be questionable because most of the time the parents are the ones
who incite and
encourage their children to commit criminal acts for their own
benefit.88
Some of the law’s provisions have become controversial, most
especially
the provision on criminal exemption of minors below fifteen years of
age. Anticrime
advocacy groups and prosecutors have criticized the law for its
weakness
on crime because of the exemption of children fifteen years of age and
below
from criminal liability under the law even when they commit heinous
crimes.89
Most lawyers are not happy about the exemption of minors below
fifteen years
of age from criminal liability. As a consequence of such exemption,
children
would not hesitate to commit a crime because of the assurance given
to them
by the law that they would not be penalized. Also, the law failed to
anticipate a
very possible scenario whereby criminal syndicates could purposely
use minors
for their illegal activities. Because of poverty, minors have been
exploited and
taken advantage of and used by syndicates in the furtherance of their
criminal
activities. Now they will be exploited precisely because of their
minority and

__________________________________________________________________
86http://www.congress.gov.ph/committees/commnews/index.php?pg=commnews_
det&newsid=113 (last accessed January 23, 2008).
87http://globalnation.inquirer.net/cebudailynews/news/view_article.php?
article_id=81090
(last accessed January 21, 2008).
88http://visayandailystar.com/2007/July/27/opinion.htm (last accessed November 30,
2007).
89http://www.manilatimes.netnational/2007/feb/12/yehey/opinion/20070212opi4.html
(last accessed December 2, 2007).

CONGRESSIONAL CHILD CARE 2

55

their exemption from criminal prosecution.90

Indeed, while the law intends to increase the protection of
children
in conflict with the law, it deviously encourages children to commit
crimes
instead. The law is a virtual reproduction of Western-style juvenile laws
and
that the upsurge of reported crimes involving children even after its
enactment
could only mean that such Western-based laws are inapplicable to our
cultural
backdrop.91 The decriminalization of status offenses or those offenses
which are
punishable only when committed by minors are likewise not favored.
Because of
such decriminalization, employing punishment for parental
disobedience is now
made an offense committed by parents against their children. Thus,
the children
can even sue their parents for imposing discipline.

The creation of a juvenile justice welfare council has been

criticized.
Creating another government agency will entail additional cost which
is
impractical in these times of economic hardship. It is suggested that an
interagency
body should instead be created.92
 In the same manner, the law brings about many challenges to the
barangay
authorities, social workers, police officers and the parents of the child
in conflict
with the law who are the immediate implementers of said law.93 The
authors of
R.A. 9344 consulted DSWD officials extensively but failed to check with
the
city and municipal social workers who are expected to implement the
new law.
The social workers are not equipped and trained to effectively
determine whether
or not the child has acted with discernment since they are not
psychologists.94
Also, the police officers who would have initial contact with the child
are still
struggling on the procedure in handling children in conflict with the
law. The
new law directs police officers to turn over the children to social
workers upon
their apprehension. However this new task is “putting the strain on the
present

_________________________________________________________________
90http://famli.blogspot.com/2007_10_07_archive.html (last accessed December 2,
2007).
91http://www.sunstar.com.ph/static/bag/2007/11/27/news/council.asks.domogan.
to.champion.juvenile.law.changes.html (last accessed December 2, 2007). Comment
of Vice
Mayor Daniel Farinas of Baguio City in a news article.
92Comment of Assistant Secretary Teresita Domingo of the Department of Justice
(DOJ) in a news article http://www.congress.gov.ph/committees/commnews/index.
php?pg=commnews_det&newsid=113 (last accessed January 23, 2008).
93 Supra note 85.
94 www.varsitarian.com/details.asp?id=2297 (last accessed December 2, 2007).

256 USTLAWREVIEW

number of social workers.”95

R.A. 9344 is silent on special cases like child terrorists.96 There is
no
provision under the law which deals specifically on cases of child
terrorists
considering that terrorist groups might use children to execute their
plans since
the children are less likely to be suspected by the authorities.97 Military
officials
call for the amendment of R.A. 9344. In the past, there had been cases
wherein
children were being tapped by terrorist groups to be couriers of
explosives.

Furthermore, there is no provision under R.A. 9344 which deals

with
cases of children in conflict with the law who again commit an offense
despite
undergoing an intervention or diversion program. After being
apprehended for
the second or third time will they be required to undergo the same
program
and thereafter be released? A high-ranking police officer suggested
that cases of
repeat offenders and “hard-core” juvenile delinquents should be
treated separately
under R.A. 9344.98
VI. Conclusion

The case of the thirteen year old student who beat his classmate
to death
and the eleven year old offender who killed a two year old boy are only
few of
the many crimes committed by minors which were dismissed because
of the
enactment of R.A. 9344. With its effectivity, there is no doubt that
criminal
convictions involving children in conflict with the law will surely
decrease. This
is precisely because charges can no longer be filed against minors as
they are
required to be diverted from the regular court processes and are
instead made
to undergo rehabilitation. Although there are cases where children in
conflict
with the law were depicted as brutal and unrepentant criminals, there
are also
real life stories wherein children were sent to prison beyond their
supposed
punishment for the misdemeanors and petty crimes they have
committed. It

_____________________________________________________________________
95 Supra note 16.

http://www.mb.com.ph/issues/2007/0523/OPED2007052394463.html (last accessed

96
December 2, 2007).
97 Supra note 94.
98http://newsinfo.inquirer.net/inquirerheadlines/nation/view_article.php?
article_id=79173
(last accessed December 2, 2007).

CONGRESSIONAL CHILD CARE

257

is for this reason that the authors of the law proposed its enactment to
remedy
the condition of children in conflict with the law languishing in jails
together
with adult offenders. It cannot be denied that the intention of the new
law is
laudable. The aim of the law in segregating a child in conflict with the
law from
adult prisoners is commendable. However, while many would agree
that mixing
children in conflict with law with adult offenders will not promote their
best
interest, releasing them will not likewise help them and guarantee that
they will
not commit crimes again. The decriminalization of status offenses is
simply not
acceptable. Status offenses like truancy and violations of curfew
regulations are
made punishable for the benefit and the protection of children.
Moreover, the
exemption of minors from being prosecuted for vagrancy and
prostitution has
no moral reason and basis.
 It has been over a year now since the Juvenile Justice and Welfare
Act 2006
was enacted and at present, the law has not yet been fully
implemented. Since the
law was passed, there has been little improvement in our juvenile
justice system
and the way children in conflict with the law are being handled and
treated. The
jailing and detention of children continues to be the routine despite the
fact that
it is forbidden by P.D. 603 and R.A. 9344. Those who are supposed to
be the
immediate implementers of said law are still groping for the proper
procedure
regarding the arrest and the detention of minors. The law clearly
mandates the
separation of children in conflict with the law from adult offenders
whenever the
detention of such children becomes necessary. Notwithstanding such
provision,
minors remain to be detained in the same facilities together with the
hardened
criminals. This situation no longer comes as a surprise to most
Filipinos. P.D. 603
makes segregation of minors from adult offenders compulsory. The
said law was
promulgated in 1974, more than 30 years ago and up to now, such law
remains
inadequately enforced and implemented. The challenge of the Juvenile
Justice
and Welfare Act of 2006 is really the enforcement and the
implementation.

The major problem the new law is facing, like any other laws
enacted to
promote the welfare of children, is the budget or should we say the
lack of it. It is
really difficult for developing countries like the Philippines to improve
its justice
system for children who come into conflict with the law when the
country is
already struggling with limited resources in addition to the problem of
rampant
corruption in the government. Also, with the gray areas in the new
legislation,
the author doubts if the new law will really serve the purpose for which
it was
enacted.