No to the Amendment of RA 9344 (Juvenile Justice and Welfare Act of 2006); World Vision Calls for Child-appropriate Programs

and Services The issues on Batang Hamog, a gang composed of children that roam the streets of Makati and other areas that attack vehicles stuck in traffic and other cases involving children were frequently reported on national television prompting some legislators to amend RA 9344 particularly on lowering the minimum age of criminal responsibility (MACR) from 15 to 12 years old. Indeed, there are reported cases from which children are involved but before we think of how to make them pay for the offenses and crimes they may have committed, we must first remember that they are still children, vulnerable at that. We must first ask what prompted these children to do such act and what in turn can we do to help them redeem themselves. In a study conducted by World Vision Development Foundation (WVDF), April 2012, on the Functionality of the Local Council for Protection of Children (LCPC)/Barangay Council for the Protection of Children (BCPC), it was found out that laws pertaining to children are not well understood. A case in point, RA 9344 is interpreted wrongly because to some extent some parents (and children) use this law to their advantage. As such raising awareness on what the policy is all about is crucial. WVDF stands firm not to amend RA 9344 but rather to give it time to be fully implemented. We are not in favor of lowering the minimum age of criminal responsibility from 15 to 12 years old. Scientific research shows that children below 15 lack sufficient judgment to establish criminal liability. WVDF believes that the juvenile justice system should be premised on the basis of rehabilitation rather than retribution. Juvenile justice systems should be in place and functional. Children under the age of 18 should never be tried as adults and should always be dealt with within the juvenile justice system. Children under the age of 18 should also not be placed within adult prisons. Engage all duty bearers to educate parents, children and communities on RA 9344.

As a child-focused organization, WVDF believes in the principle of restorative justice. If indeed a child has committed a crime or has made an offense, the child should be entered into child-appropriate facilities available, where they could be rehabilitated, reformed, and transformed to good citizen of our country. For children used by adults in crime syndicates, lowering the minimum age of criminal responsibility is not the solution because we have a law in place to deter it. Under Article 14 of the Revised Penal Code (criminal law), the use of children in crime is considered as an Aggravating Circumstance. If an adult criminal shall use a child in the commission of a crime, the penalty for adult criminal will be increased. WVDF recognizes the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth.

WVDF continues to commit and adhere to the United Nations Convention on the Rights of the Child (UNCRC), Article 37 (b) which specifically states that arrest and detention of a child shall be used only as a measure of last resort. RA 9344 does not neglect the accountability of the children in conflict with the law (CICLs) for their actions. In fact, they can still be held civilly liable and must undergo an intervention program to address the possible repetition of the offense. These intervention programs are individualized, taking into consideration the motives for offending of the CICLs, their cultural background and religion among others, and assist in the enhancement of their psychological, emotional and psychosocial well-being. The UNCRC Concluding Observations at its 52nd session dated 2 October 2009, contains the following concerns on the administration of Juvenile Justice in the Philippines: Slow pace of implementation of the JJWA and, in particular, at the number of detained children and that children in conflict with the law do not effectively have legal safeguards and access to medical care. Limited use of diversion and the alleged widespread practice of pre-trial detention of children. Lack of specialized courts and personnel and the serious concern at the conditions of detention of children, who are often detained with adults, in overcrowded facilities in poor conditions. The recent activities to lower the age of criminal responsibility of children.

Instead of amending the law to address offenses made by juveniles, WVDF calls the government to create and enhance programs and services that would help prevent them from offending. Crimes like theft, commonly committed by children are associated to poverty. Penalizing children is not the solution but rather efforts to strengthen the eradication of poverty of all kinds are essential. Adults should create an environment that would enable children to recognize and learn not only their rights as children but their corresponding responsibilities to themselves, their fellow human beings and their society. So that every child will have fullness of life!