Committee on laws pushes barangay's ordinance for minors

A proposed ordinance of barangay Carreta to set up a diversion program for juveniles in conflict with the law, or JICL, has been recommended for approval by the city council's committee on laws.

Committee chairman, councilor Edgardo Labella, said the diversion program for JICL is one of the most appropriate approaches towards prevention and control of juvenile delinquency.

According to existing laws, the JICL are those, at the time of the commission of the crime, below 18 but not less than 9 years of age.

One of the most significant innovations in the law is the diversion from the formal justice system of minors who commit petty offenses and their placement in community-based programs.

But diversion is available in criminal cases involving a JICL where the maximum penalty imposed by law is imprisonment of six months.

Labella said the Carreta proposal is deemed child-friendly and fitting to the times because of the rising number of JICL in the barangays.

There have been 12 barangays in the city that committed earlier to set up a diversion committee in their respective places to handle cases of JICL.

Under existing laws, a diversion committee is composed of branch clerk of court as chairperson, prosecutor, public attorney, and court social worker as members.

The panel will meet with the JICL, counsel and parents or guardians and the complainant with counsel, to see if the case will go to the diversion program or undergo court proceedings.

Should the committee decide to implement the program, the case will be sent to the Family Court which in turn orders the JICL to receive reprimand, pay damages, apology, guidance and supervision, counseling, training, seminars, lectures, and participation in community-based programs.

After the JICl complies with the orders within a specified period, the court may order the closure of the program otherwise the program may be extended.

Labella reported to the council last Wednesday: "This ordinance is sensitive enough to analyze that JICL are minors and deserve a different kind of rehabilitation program."

Labella also cited section-391 of the Local Government Code that mandates the barangay to "adopt measures towards the prevention and eradication of drug abuse, child abuse and juvenile delinquency."

Senator Francisco Pangilinan had filed Senate Bill 1402 that would set up a comprehensive juvenile justice, of which JICL will not be prosecuted in court except those who commit the most serious crimes.

"Jail is no place for children," said Pangilinan. - Garry B. Lao