Who's To Blame?
Lines for our Children, Part 2
By Atty Cristifil "Chic" Baluma
Published on October 8, 2006 - The Bohol Standard Newspaper
October is the Month of Children, hence, here’s once more about children.
Under the Juvenile Justice and Welfare Act of 2006, (Republic Act 9344),
those who are below eighteen (18) years of age are children. Their criminal liability starts when they are above fifteen (15) years of age to eighteen (18) years or below when they act with discernment in the commission of the offense.
Under The Special Protection of Children against Child Abuse, Exploitation and Discrimination Act, Republic Act No. 7610 children refers to persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
Under Philippine laws, the term children is not limited only to those who are enrolled in schools from Grade 1 to Grade VI in our primary and elementary schools. Those who are school drop-outs, those roaming in the streets because they are mental retardates or driven by poverty, those unable to fully take care of themselves due to any physical or mental disability or condition even if their ages are above eighteen years, they are children in the concept of our present laws who deserve care and concern from the State through our local government units, from entities like the Department of Social Welfare and Development, the police, the prosecution offices, the Courts. Infact the concern starts in the family and spread to the different sectors-the schools, the media, the community-has each role to play.
Recognizing their tender years of innocence, their frailties, susceptibility to the maneuvering of adults and that they can be easily swayed by adults in their judgment, the State exercises protection over them in parens patriae being the guardian of the unable, helpless and the defenseless.
Being a new law, there is much to know and learn about the Juvenile Justice and Welfare Act of 2006. The alternative to children brought into the criminal justice system and for them to be placed under intervention and diversion programs should be understood by those concerned tasked to implement the law, the different sectors of the community which has its specific roles under the law. The family, the educational system, the mass media, the local government units are expected to do their respective responsibilities.
All local government units (LGU’s) are mandated that they “shall appoint a duly licensed social worker as its social welfare and development officer tasked to assist children in conflict with the law†(Sec.16, Republic Act 9344).
Local Councils for the Protection of Children ( LCPC) shall be established in all levels of local government, and where they have already been established, they shall be strengthened within one (1) year from the effectivity of this Act. Membership in the LCPC shall be chosen from among the responsible members of the community, including a representative from the youth sector, as well as representative from government and private agencies concerned with the welfare of children (Sec. 15. RA 9344).
“One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be allocated for the strengthening and implementation of the programs of the LCPC: provided, that the disbursement of the fund shall be made by the LGU concerned.†(Par 3, Sec. 15, RA 9344).
“ A comprehensive juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the barangay to the provincial level. The LGUs shall set aside an amount necessary to implement their respective intervention programs in their annual budget.†(Sec. 18, RA 9344).
What is the duty of the law enforcement officer (he may the local police or the Tanod of the barangays) who had the initial contact with the child after taking custody of the child?
The law enforcement officer having the first contact with the child shall immediately determine the age of the child by obtaining documents from the parents, guardians or relatives of the child, the office of the Local Civil Registrars or the National Census and Statistics Office that show proof of the age of the child such as the birth certificate of the child, the baptismal certificate and/or any other pertinent documents.
When the child is determined to be below 15 years of age at the time of the commission of the offense, the authority who had the initial contact of the child shall immediately release the child to the custody of the parents, his guardian or in the absence thereof, the child’s nearest relative.
The authority which had the initial contact with the child shall give notice to the Local Social Welfare and Development Officer who will determine the appropriate intervention programs. The child may be released to any registered non-governmental or religious organization; a barangay official, to a member of the Barangay Council for the Protection of Children (BCPC), to a local social welfare and development officer or to the Department of Social Welfare and Development when and where appropriate when the parents, guardians or the nearest relative is not located or refused to take custody.
When the child is above 15 years but below 18 years, the authority which had the initial contact refers the child to the Local Social Welfare Officer for the determination whether the child was acting with discernment at the time of the commission of the offense.
The concern for children- 18 years below, those who are unable to fully take care of themselves or protect themselves from abuse, cruelty, exploitation or discrimination due to physical and mental challenges- is the very essence, rationale of RA 9344- is the Philippine’s answer to a global call that children shall be protected as they are the promise of the land.
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