A SUMMARY REPORT ON THE PARTICIPATION OF ACE
INTERNATIONAL (PHILS.) INC. TO THE
FORUM ON REFORMS IN THE JUSTICE SYSTEM

The Implications of The Juvenile Justice and Welfare Act of 2006
or Republic Act 9344

Theme: Renewed Commitment To Reforms In Juvenile Justice System
May 25, 2006, 8:00am to 4:00 pm
Ateneo de Manila University, Loyola Heights, Quezon City Sponsored by: Coalition on Death
Penalty (CADP) and Philippine Action on Youth Offenders (PAYO) with funding assistance
from the Royal Netherlands Embassy
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1. The Forum started at about 9:45 a.m. (almost an hour behind schedule) with an opening
prayer by a 10 year-old ward of Childhope Phils.

2. Mr. Rudy Diamante, PAYO President gave the welcome remarks and introduced the
participating govt. and non-govtal agencies/organizations. There were about 120 people in
attendance. This was followed by an inspirational message from Mr. Marcel Van Den
Bogaard of the Netherlands Embassy.

3. Ms. Melanie Ramos-Llana of the Institute on Church and Social Issues gave a brief
backgrounder on how the JJ Act finally became a landmark piece of legislation. She
stressed that the entire advocacy took almost 10 years- the series of write-shops included.
There were about 20 organizations that were part of the Juvenile Justice Network that
actively paved the way for the passage of RA 9344.

4. Hon. Senator Aguilino Nene Pimentel rendered the keynote speech on the
implications and salient features of RA 9344. Noted were the following:

a. Adoption of the Balanced and Restorative Justice principles/approach with its 3
aspects: accountability of juveniles to victims, their competency development and the
community safety. Note: The adoption primarily of Diversion- which is the process of
disposing a case against a youth offender without resorting to a formal trial.

b. Adoption of the International Laws e.g. from the UN Standards, the Beijing Rules and the
Ryad Guidelines- all outlining the protection of juveniles in prison and the
administration of a juvenile justice.

c. Increasing the age of criminal responsibility from 9 to 15 yrs.

d. Establishment of a Juvenile Justice and Welfare Council (JJWC) under the
administrative supervision of the DOJ and chaired by a DSWD Undersecretary with 13 govt.
agency-members and one NGO. The JJWC is tasked to flesh out the Implementing Rules of
the Law that would guide these agencies in their programs involving juveniles or children-in-
conflict with the law.

e. Strengthening of the Local Councils for the Protection of Children at all levels of the
local government.

f. Imposition of appropriate case disposition measures instead of imprisonment e.g.:

1.) Commitment to a youth rehabilitation center
2.) Care, supervision and guidance orders
3.) Probation
4.) Community service
5.) Orders to participate in group counseling and other treatment orders
6.) Compensation, restitution
7.) Orders for Open Centers with living communities

g. Provision for child-sensitive proceedings

h. Exemption of minors from prosecution from status offenses not considered as crimes e.
g. vagrancy, curfew among others.

Noted: Sen. Pimentel further stated that he has asked both Houses to approve a special
budget of P210 Million to initially fund the implementation of this Law.

5. Mr. Finard Cabilao, a Director of the DSWD, National Office failed to come but was
represented by his staff. He enumerated the possible roles of the NGO's in the
implementation of the JJ Law, specifically the following:

a. Provide inputs to the JJWC
b. Assist in the development and implementation of a comprehensive juvenile intervention
program at the national and local levels.
c. Sit in the Local Protection on the Protection of Children
d. Accredited NGO's to take over custody if the parents or nearest relatives cannot
be located.
e. Presence during the initial phase of intervention
f. Participation/involvement in the process of mediation and family counseling.
g. Establishment of youth rehabilitation homes/centers in consultation with the JJWC.
h. Help facilitate the release of minors from the jails
i. Provide other forms of intervention during and after release.

6. The open forum discussions centered on the following:

a. The readiness/capability of the local government units to respond by way of programs
and services to CICL remains to be seen; in the meantime, it is a source of worry for BJMP
and DSWD- the 2 agencies that are entrusted to take care of CICL. The question is: Where
and what will happen to the 15 year-olds and below who will be released as soon as the
implementing rules take effect, as soon as the courts order for such release.
( I shared my thoughts and experience on the proposed Japanese Embassy support to help
construct the Center in Kalookan BUT the local administration does not seem to be too firm
in its resolve to help the juveniles since there was so much delay in formalizing the allocation
of the lot)

b. No available data as to the actual availability of community based diversion programs.
c. The strong presence of NGO's however at the grassroots level is a positive
indicator.
d. Much has yet to be done in raising the awareness of our communities in the country on
the issues surrounding the juveniles and the juvenile justice system.
e. Small cities and municipalities do not have the priority funds for either center-based or
community-based programs for juveniles.
7. MY INSIGHTS AND RECOMMENDATIONS:

a. Even before the Implementing Rules are spelled out by the JJW Council, the
organizers of this Forum can very well assist in the awareness campaign by way of
conducting dialogues and fora with the Mayors and Governors as well as their local DSWD
officers in order to push for the establishment and development of both center and
community-based programs and interventions for both released and would-be-
juveniles. A reactivation and strengthening of the Barangay Councils for the protection of
children (BCPC) is imperative. These fora/meetings could determine whether the local units
would need essentially additional social workers/manpower.

b. ACE Phils. as an advocacy organization should be more visible- in participating in
discussions with agencies, even on the local areas, as this would give ACE more updates on
the issues and developments affecting juveniles and even children in general. ACE should
also start developing partnerships and access trainings on actual programs in handling
juveniles as well as consulting other experts in the field of juvenile justice, or gathering
secondary data. All these are even more necessary if we were to manage a Center. We
can also attend mediation proceedings. ACE can also help support programs for the
formation of CICL while in detention, as well as for the follow-ups of their cases and visits to
their families in collaboration with the local DSWD and the existing groups and organizations.
This would mean however the need for the following:
* Designation of even a part-time office worker and coordinator
* Secure services of volunteers
* Training, traveling and representation expenses
* Office supplies and a computer
* Support for the conduct of sessions and seminars for imprisoned juveniles ( This is a
need expressed by the authorities)

Submitted by: TESSIE D.GOMEZ