GMA Signs Juvenile Welfare Act Into Law

http://www.philstar.com/philstar/NEWS200605170410.htm
AP, Aurea Calica

President Arroyo signed into law Tuesday the country's first specific legal measure to
promote juvenile justice and welfare, exempting youth offenders 15 years old and
below from criminal liability.

The Juvenile Justice and Welfare Act also exempts offenders aged 15 to 18 from
criminal charges, except if they committed an act knowing it was a crime.

The United Nation's children's agency said the law would mean that 70 percent of
criminal cases against children in the Philippines will be dismissed outright, while
children found to be criminally responsible will be referred to rehabilitation programs
instead of jails.

UNICEF estimated that as of last year, more than 4,000 children languished in
crowded jails and detention centers in the Philippines, many of them mixed with adult
detainees. The dire conditions drew condemnation from international and local
human rights groups, which demanded the government take action.

"We welcome the signing of the bill into law because this piece of legislation is crucial
to the welfare of thousands of children who are suffering detention along with adult
criminals," said Senate Majority Leader Francis Pangilinan, the bill's author.

The new law mandates the creation of a welfare council that will coordinate among
various agencies and oversee its implementation.

It also provides for the referral of children's cases to community-based rehabilitation
programs instead of going to trial, and for juvenile delinquency prevention programs
as well as rehabilitation and reintegration.

Children aged 15 to 18 who committed an act knowing it was illegal can be
prosecuted, but their cases would be handled by specially trained prosecutors. They
should be released on bail or under the care of their parents or guardian, or
transferred to a youth rehabilitation center pending trial.

The court also should automatically suspend the sentence on a child who has been
found guilty. Once the child reaches 18, the court will determine whether to
discharge the child, order execution of the sentence, or suspend the sentence until
the child reaches the age of 21.

Member-organizations of the Juvenile Justice Network of the Philippines hailed the
new law, saying it will "benefit the most marginalized group — child offenders."

Consuelo Foundation, a JJNP member, said child offenders are the "most
discriminated and most hated group." JJNP, a coalition of government agencies and
non-government organizations, lobbied Congress for three years to pass the law.