The law that didn’t work

Published by the Visayan Daily Star Publications, Inc.

NINFA R. LEONARDIA Editor-in-Chief & President

CARLA P. GOMEZ Editor CHERYL CRUZ Desk Editor PATRICK PANGILINAN Busines Editor NIDA A. BUENAFE Sports Editor RENE GENOVE Bureau Chief, Dumaguete MAJA P. DELY Advertising Coordinator

CARLOS ANTONIO L. LEONARDIA Administrative Officer

There is now a move in Congress to amend the provisions of the juvenile justice and welfare law, or Republic Act No. 9344. This is the law that provides that children in conflict with the law, or those who are involved in criminal acts, but aged 15 and below, and those above 16, but below 18, who acted without discernment, are exempted from criminal liability.

There may have been good intentions on the part of the lawmakers who proposed, crafted and approved the bill that provided such privileges for the young, but, as figures have shown, it has failed miserably in the years since it was passed into law and implemented.

Since then, statistics have shown a big increase in the number of crimes involving youthful offenders in the country that could only be blamed on the perception of these youngsters that their acts will be protected by law, and they need not fear sanctions for them.

Worse, the offenses noted from the young people involve such heinous one’s as rape, murder, drug use and trafficking. A city in Metro Manila has reported that from 2006, the time when the law was passed, to 2010, there were 842 juvenile crimes recorded, against only 11, in 2006, the year before the law was implemented.

There is therefore a new bill being proposed that would qualify the conditions for minors involved in illegal drugs, rape and murder. It is encouraging to note that there seems to be a consensus among the country’s representatives in the House to support it. This, in effect, will restore their criminal liability, even if they are below 18 years old.

The urgency needed for this change should be emphasized by citing statistics showing that the Philippines now has the highest minimum age of criminal responsibility, compared to other civilized countries. This could even be one way of protecting our youth and removing the potential towards crime of those who believe their own laws will always protect them from answering for their misdeeds.*