SUMMARY OF CICL MISSION TRIP TO THE PHILIPPINES
Jan 6, 2006 (Friday)
Spent the morning at Bantay Bata-ABS/CBN, and spent the afternoon reviewing Senator Pangilinan's
amended Comprehensive Juvenile Justice and Restorative System Bill that passed the second & third
readings in Senate on Dec 6. Thus far, through the lobbying efforts of Eric Mallonga and Dr Chee Garcia, we
have been successful in getting the following provisions passed:
1) Children 15 years old (instead of 12) and below at the time of commission of crime shall be immediately
dismissed, exempt from criminal liability and subjected to an intervention program.
2) Children above 15 and below 18 years of age shall be likewise exempt from criminal liability and
subjected to an intervention program unless he/she has acted with discernment.
3) The child in conflict with the law (CICL) will enjoy the presumption of minority, and shall enjoy all the rights
of CICL until he/she is proven to be 18 years old or older (determined from the child's birth certificate,
baptismal certificate, information supplied by the child himself, testimonies from other persons, the physical
appearance of the child and other relevant evidence. In case if doubt as to the age of the child, it shall be
resolved in his/her favor.
4) The Office of Juvenile Welfare and Restorative System (OJWRS) shall be created and established under
the Dept of Social Welfare and Development (DSWD), not Department of Justice (DOJ). OJWRS will be the
one coordinating with all the other agencies focused on juvenile justice and intervention programs, and will
oversee and supervise the implementation of the Act/Bill
5) Local Councils for the Protection of Children (LCPCs) composed of community members, including a
representative from the youth, local government unit concerned, and an NGO or private agency concerned
with the welfare of children will be established and will be the primary agency to oversee the implementation
of the Juvenile Intervention Program
6) If the arrested child is determined to be 15 years old or below, the authority having initial contact with the
child shall immediately release the child to the custody of the parent, relative, guardian or DSWD, and shall
immediately take the child to the proper medical and health officer for a thorough physical and mental
examination
7) CICL shall undergo diversion program without undergoing court proceedings, provided: where the
imposable crime committed is not more than six years imprisonment, the law enforcement officer or Punong
Barangay with the assistance of the loal social welfare development officer shall conduct mediation, family
conferencing and reconciliation and, when appropriate, adopt indigenous modes of conflict resolution for the
best interest of the child, for restorative justice, and formulation of a diversion program.
8) Under no circumstance shall a child in conflict with the law be placed in the same confinement as adults
9) Female CICL shall be detained separatedly from male CICL
10) An initial amoiunt of FIFTY Million Pesos (instead of 10 million pesos) will be included in the General
Appropriations Act of the year, for the purpose of setting up the OJRs
11) One percent (1%) of the Internal Revenue Allotment of Barangays (roughly P332 million share of
barangay for 2006, P564.4 million share of municipalities for 2006) shall be allocated for the strengthening
and implementation of the programs of the Local Councils for the Protection of Children (LCPCs)
These provisions are much better than the original provisions of the Act (thanks to the kind intervention of
Senator Pimentel, Sen Myriam Defensor-Santiago, Sen Pangilinan, UNICEF, Atty Eric Mallonga and Dr Chee
Garcia).
The next step will be to lobby with Congress, prior to the bicameral proceedings.
Jan 9, 2006 (Monday)
Visited Molave Youth Center : 170 youth currently in prison (158 males, 12 females), release of 52 children
currently in progress.
We visited the Caloocan jail, that so far has released some 50+ children already (there are currently only 27
or 29 children behind bars, and they are separated from adults). They have educational classes in jail twice a
week. Major needs are for medical supplies and medicine-- particularly for TB, scabies, skin diseases and
antibiotics for infection. I am still waiting for the complete list.
We looked at the area that will soon be the site of a youth center (CHILD, under the Caloocan diocese and
through the intervention of Tess Gomez, Fr. Gigi, Councilor Eugenio Taguba (who is also an engineer and
consultant for committee on education) and others. The building of the youth center will be financed by grant
coming from Japan.
Tess Gomez is also now currently working on a paralegal program, that will train volunteers to become
certified paralegals to help process and follow up papers for the CICL
In Malabon jail, there are 19 incarcerated youth, ages 13-17. So far, 43 were released between Sept and
Dec. Average length of stay in prison was 4 months to 1 year. Offenses included malicious mischief, curfew,
theft, robbery, attempted homicide, frustrated murder and rape. 8 were reclassified as adult, 7 served
sentence, 2 paid fine, 6 posted bond, 8 were released on recognizance (under custody), 11 were
case-dismissed (6 provisionally).
Jan 11, 2006 (Wed)
Accompanied by Myrla Baldonado of the People's Task Force for Bases Cleanup, we drove to Clark Airbase
and Subic to visit the chldren who were affected by the toxic waste from the former US Military Bases. Saw
and talked to the families of children who were born with nervous system disorders (hydrocephalus,
microcephaly, cerebral palsy, etc) after mothers got exposed to toxic waste. More than 3,000 families are
currently affected, and some are still living in exposed areas. In one evacuation center (Madapdap), hundreds
of families have toxic levels of lead, mercury, asbestos and other contaminants; only a few received check-up
and initial treatment at PGH, but were not followed up. This underscores the need for more lobbying to clean
up the bases, and help these children and families.
In the afternoon, we proceeded to PREDA's facilities in Olongapo which was very impressive. It has more
than 150 children currently staying in the facility and receiving numerous programs and supportive services,
not only for CICL but also for abused children. PREDA is looking forward to increasing the number of children
served to at least 300, once their negotiation for additional facilities (from Gov Magsaysay) is finalized. We did
not get the chance to meet with Fr Shay, who was in Navotas jail when we visited.
Jan 12, 2006 (Thursday)
We went to Manila Youth Reception Center run by DSWD. The facility is still overcrowded, despite the
reduction of children from 242 to 175 (maximum capacity is only 80). Girls are separated from boys. Although
average stay is 2 weeks, many of the children are kept for months, and sometimes up to two years because
of the backlog in judges' dockets. These children receive counseling, schooling and review classes for
Acceleration and Evaluation Exam (ANE) that would qualify them to attend college. While 44 are eligible now,
difficulties arise because they need court orders to be able to send them to P. Gomez Elem School, the only
government approved test site. They need buses to take children to school. We have arranged to go to court
on Tuesday, for the release of two of the 14 girls, to be legally represented by Eric.
We also visited the Reception and Action Center (RAC) that currently serves as a temporary shelter for 267
street children/abused children (sometimes going up to 500) and 6 social workers.
In the evening, we met with Elsa Bayani and Mely Nicolas of Nanay International Advocacy for the Philippines.
We agreed to continue sharing information and collaborating on projects to help the CICL.
Jan 13, 2006 (Friday)
Went to visit Tuloy sa Don Bosco, a community project of Salesian priests in Alabang, and met with Fr Rocky
and Alex Kho. Tuloy has a very impressive residential/educational/support program both inhouse and as part
of community outreach, serving more than 500 street children. At their 10-building facility, the following
services are provided: Food, clothing and chelter, spiritual and moral formation, recreation and arts,
computer classes, medical and dental servoces, counseling, and vocational/technical training that prepares
them for On-The-Job Training and job placements.
In the afternoon, we proceeded to Virlanie Foundation in Makati, that provides a family and home environment
for street children. Virlanie has 12 homes and now cares for more than 300 children aged 0-18 years old
who are abandoned, neglected, abused, just released from jail.
Jan 14, 2006 (Saturday)
We visited the clinic of Dr. Manny Mancal in Pasig City, and tested his Electronic Detoxification system. Plan
is to purchase at least one full system to be used for detoxifying the U.S. military base children with toxic
levels of lead, mercury and arsenic. We also looked at various Virgin Coconut Oil products that we plan to
test and market when we get back to Florida.
In the evening, we went on radio (Public Broadcasting System, courtesy of Pres Asst Jerry Adevoso) and
talked about various issues, including the Veterans Equity Act, Children in Conflict with the Law, US Military
Base Toxic Waste, Dual Citizenship, ACE International and the role of Filipinos abroad in addressing the
needs of our elders and youth in the Philippines.
Jan 16, 2006 (Monday)
We went to see Congressman Simeon Datumanong, the main author of the Juvenile Justice Congressional
Bill.The original bill proposes to increase the age of criminal liability from 9 to 12, still under the Dept of
Justice. Although initially resistant to our suggestion of increasing the age of criminal liability to at least 15 (if
not 18), and assigning the children's cases directly to DSWD instead of DOJ, he finally agreed to re-consider,
and perhaps accept amendments on the floor, if someone else would present a plenary amended bill for the
next session.
We proceeded to the office of Congressman Sumulong who, after some discussion, agreed to support and
submit an amended bill specifying the conditions that we were lobbying for (increase in age of criminal
liability, increase in age of discernment, children directly under DSWD instead of DOJ, and adequate
appropriations to implement the bill).
The offices of Congresswoman Darlene Antonino and Congressman Nerrie Acosta also promised support.
The later part of the afternoon was spent with DSWD Secretary Pablo who was very supportive of our efforts,
and excited about the possibility of interacting and partnering with Filipino groups abroad through ACE
International to address the CICL issue.
Jan 17, 2006 (Tuesday)
In the morning, we went to the Family Court hearings conducted by Judges Socorro Inting and Nimfa Vilches
(in Manila) -- and were successful in releasing two children (to be placed under the care of Virlanie
Foundation): The first is a 16-year old boy who snatched a cellphone (his co-accused uncle was carrying a
bladed weapon, so the kid was charged with aggravated robbery). The second is a 15 year old boy charged
with theft, for allegedly stealing 30 TONS of hydraulic press from PLDT, valued at Php 7,000. He was
released to Virlanie Foundation, on suspended sentence, pending counseling, criminal information waived..
Four more kids will be released at the next hearing next month.
Eric Mallonga served as their legal counsel.
We had a meeting with Judge Socorro B Inting at her Chamber during break (we were impressed with her
compassion for the kids in prison). Her major problem is inability to process papers quickly due to lack of
computer (they are still doing paper work manually, and she only has a 286 computer at the office). (A new
computer was later donated to Judge Inting, through ACE International -- to facilitate processing of papers
on CICL.
In the afternoon, we met with Senator Magsaysay, who reiterated his promise for a 3-5 hectare land in
Magsaysay Agricultural University in Olongapo), which we will use to build a residential and rehab facility for
the CICL, with health clinic and livelihood training to raise pigs, chicken, goat. Senator Magsaysay to also
look into operational funding when he gets our project proposal (which we intend to submit the next 3
months).
We met with Senator Pimentel, who also promised to help secure government funding for a similar project in
Cagayan de Oro. He suggested that we partner with House of Hope .
Also met briefly with Senator Nar Rixas, to discuss the Senate Juvenile Welfare Act (and requested for
support during the final Bicameral Hearing).
Wednesday (Jan 18)
We had our first organizational meeting for ACE International- Philippines, Inc., whose mission is to protect
the human rights and improve the lives of underserved Philippine elders and children, including but not
limited to CICL.
Incorporators were: Joy Bruce, Chee Garcia, Eric Mallonga, Tess Gomez, Virgie Bruce, Letty Roque (from
Cagayan de Oro).
Board of Trustees/Officers: Chee Garcia (Pres/CEO), Eric Mallonga (VicePres), Tess Gomez (Treas), Letty
Roque (Sec), Virgie Bruce (Asst Sec), Joy Bruce (member), Ed Pascual (Member).
Ogie Navarete will provide IT and agricultural training/consulting for the CICL, Ivo B. will be help with the
Statistics. Perpe Roque will connect with Kiwanis (in Cagayan de Oro).
Plan is to incorporate ACE International-Florida as a parallel organization to support the programs in the
Philippines for Children in Prison and other issues.