The proposed amendments to the Juvenile Justice and Welfare Act of 2006, that was approved on third and final reading by the House of Representatives, also establishes parental liability for a minor who commits crime with discernment, Negros Occidental Rep. Mercedes Alvarez said.

House Bill 6052, which seeks to amend RA 9344, also known as the Juvenile Justice Act, defines a youthful offender as a child above 12, but at least 15 years of age who acted with discernment, and a child above 15 years old but under 18 years of age at the time of the alleged commission of a criminal offence.

RA 9344 provides that all children in conflict with law aged 15 and below and those above 15 but below 18 who acted without discernment are spared from criminal liability.

From 15, the minimum age for criminal responsibility is now 12, under HB 6052, Alvarez, who attended the Joint Peace and Security Coordinating Center meeting in Kabankalan City Friday, said.

After its passage in the House, it will be forwarded to the Senate for its appropriate action, she added.

Alvarez, however, said they expect strong opposition, especially from Senator Francis Pangilinan, the author of RA 9344, to its passage in the Senate.

She said Senator Francis Escudero, who chairs the Committee on Justice and Human Rights, is sponsoring the amendments to the Juvenile Justice Act in the Senate, who also called for the suspension of RA 9344 implementation.

HB 6052 provides that if the offense charged is murder, parricide, homicide, kidnapping, rape, robbery, drug trafficking or other offenses punishable by more than 12 years, the 12-year old or above child who committed it should be presumed to have acted with discernment.

Under the bill, necessary assistance should be extended to victims of offenses committed by children. The bill also tasks the Juvenile Justice and Welfare Council to conduct periodic review every three years regarding the propriety of the minimum age for criminal responsibility.

The proposed act also provides that the youthful offender should be committed to a repository institution or to the custody of the DSWD or any duly licensed agency, but if the child fails to comply with the conditions of the repository institutions mentioned, the child would be returned to the committing court for the imposition of the penalty upon reaching 18 years of age.

Pangilinan, who steadfastly defends his brainchild legislation, said the problem is not the law, but its bad implementation because “even its key stakeholders” do not understand the Juvenile Justice and Welfare Act of 2006 and “therefore are not able to implement it properly.”

He said the essence of the law is to ensure the accountability of youth offenders, not to let them get away scot-free. “What the law says is that children offenders must not be judged in the same manner and method of judging and imprisoning adults,” Pangilnan explained.

The Philippine National Police has expressed support for the proposed amendment of the juvenile law amid reports of youths involved in street crimes, particularly robbery and transport of drugs.

Senior Supt. Ricardo de la Paz, Bacolod police director, said that the repeal of RA 9344 can deter minors from committing crime.

Police records show that organized crime groups use minors in illegal activities. A minor was involved in the brutal killing of a prominent doctor in Bacolod City, recently.* GPB

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