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. — AP, Aurea Calica