Need for Greater Understanding and Proper Implementation of Juvenile Justice Welfare Act Cited

There is a need for greater understanding of the Juvenile Justice Welfare Act (JJWA) or Republic Act No. 9344 among the public and extreme political will in implementing it to ensure that no children will commit crime for a safer society for all.

This was stressed in a joint press conference by different member agencies of the Juvenile Justice Welfare Council (JJWC) during the 10th anniversary celebration of the passage of the law in April 2006.

According to Department of Social Welfare and Development (DSWD) Undersecretary and JJWC Chairperson Vilma Cabrera, one of the challenges of the law is making the public understand its real spirit which is to prevent an increase in the number of Children in Conflict with the Law (CICL).

JJWC is an attached agency of the DSWD, which chairs the governing body of the Council.

Cabrera said that if the law is properly implemented, there will be no need for further increase in the construction of “Bahay Pag-Asa” for CICL and for children-at-risk of offending.

“The main purpose of the law is really to prevent,” she pointed out.

The JJWA of 2006 was amended in October 2013 by Republic Act No. 10630 which transferred the administrative supervision over JJWC from the Department of Justice to the DSWD and added membership from the Department of Health, League of Provinces of the Philippines, League of Cities, League of Municipalities, and League of Barangays, and also established the Regional Juvenile Justice and Welfare Committee.

“Bahay Pag-asa” is a 24-hour child-caring institution established, funded and managed by local government units (LGUs) and licensed and/or accredited non-governmental organizations (NGOs). It provides short-term residential care for CICLs who are above 15 years but not below 18 years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdictions.

According to Atty. Tricia Clare Oco, executive director of JJWC, acceptance on the part of the public that the law is helpful to everyone in the society is very important.

“Pag wala tayong mga bata na nagko-commit ng crime, mas safe ang society natin,” Atty. Oco said.

For her part, Atty. Marijoy Segui of the Council of the Welfare of the Children (CWC) added that political will is very much needed in the implementation of R.A. 9344 and it should always be remembered that the law itself is embracing the notion that youth is the hope of the motherland.

Segui further said that changes should also come from all sectors of society who should know their duties and obligations to generate and complement resources to address this problem.

“Changes should be a collective effort,” she stressed.

Department of Education (DepEd) Undersecretary Alberto T. Muyot said it is important that parents will also understand their respective roles in the prevention of CICL.

He said that while some LGUs are coming out with ordinances to prevent juvenile delinquency, there is a need for parents to understand their obligations instead of immediately penalizing their children because doing so would not necessarily make them good parents.

“But we have to come out with measures to ensure they realize what are the responsibilities of parents. On sanctions, there can be sanctions but they should be fully evaluated, hindi naman siguro kulong agad, but may mga series of sanctions na magmumula sa warning and so on. And secondly, dapat magkaroon din tayo ng support system in the community and support not only for children and support also to parents para mas magampanan nila ang kanilang responsibilities as parents,” Muyot added.

At present, there are about 34 Bahay Pag-asa and 15 other facilities serving CICLs.

A newly constructed Bahay Pag-asa must have standard specifications on what way it should be built and operationalize wherein it will be providing home-life environment and not “prison-like” equipped with intervention programs that should be undergone by CICL.

The JJWC is partnering with LGUs to provide them with technical assistance so that they can comply with the other requirements such as it should not be overcrowded and compliant to the standards set by DSWD.

Bahay Pag-asa shall have a multi-disciplinary team composed of a social worker, a psychologist/mental health professional, medical doctor, educational/guidance counselor and Barangay Council for the Protection of Children (BCPC) member.

The team will work together to provide the appropriate individualized intervention plan for the child and the child’s family as part of rehabilitating the CICL.

Intervention plans are needed to ensure that children have lesser risk of re-offending by using procedures that prevent them from degrading further to social ills or turning to be feared-about criminals as it discourages mixing the CICL with adults who committed crimes.

However, the law does not mean that CICLs will be free from their liabilities because they are still held accountable and responsible but through a different process from adults.

Most CICLs usually get involved in theft and robbery and many of them are just misguided and therefore proper intervention plans are needed so that their lives and future can still be honed to proper directions.

As proof that CICLs deserve intervention plans to become effective members of society instead of deteriorating as greater problems as lawless elements, some rehabilitated former CICLs were invited in the anniversary celebration to share their experiences.

LGUs with good intervention programs were also awarded. (PNA) SCS/LSJ