Bicam okays juvenile justice bill

A bicameral committee in Congress unanimously approved a proposal aimed at keeping children below 15 years old out of jail and exempting them from criminal prosecution and liability.

The bill was rushed through after the United Nations Children’s Fund (UNICEF) late last year said that an estimated 4,000 children, some as young as nine, were languishing in jails here, many of them mixed with adults.

The Juvenile Justice Bill was approved by a bicameral committee of the Senate and the House of Representatives and will immediately be sent for signing by President Arroyo.

Under the proposal, children caught committing crimes will be turned over to a welfare council to be created under the Department of Social Welfare and Development (DSWD).

Those between 15 and 18 years old can only be criminally charged if it is proven that they committed their actions with full knowledge that it was a crime.

Sen. Francis Pangilinan, principal author of the bill in the Senate, explained its four salient features, including the increase of the age of criminal responsibility from nine to 15 years old.

This means that children under the age of 15 would be now be exempted from criminal liability.

While the child may be exempted from criminal prosecution, Pangilinan said it is still possible to impose civil penalties depending on the nature of the crime.

UNICEF had said children as young as nine were arrested and detained for long periods of time while awaiting resolution of their cases for minor offenses.

"The task of instituting a comprehensive system to address juvenile delinquents locked up in adult jails proved long and complex, but we are finally getting there," Pangilinan said.

"The plight of children in conflict with the law has finally seen some light now that the bicameral panel has approved the measure," he said.

According to Pangilinan, the errant child would be required to do civic work, appear before counseling and undergo capability-building training.

Undergoing the diversion program does not preclude the requirement that the child offender will issue a public apology and restitution, he said.

"Before, minors went through the same process as an adult. Now, because of this, incarceration would be an exception," Pangilinan said.

The bill also requires the authorities to turn over the minor to the DSWD within eight hours after arrest. — With AFP