ARGUMENTATIVE BRIEF ON THE NEGATIVE

SIDE OF THE PROPOSITION

Resolved, That the Juvenile Justice and Welfare Act of 2006 be repelled.

INTRODUCTION

I. The implementation of Juvenile Justice and Welfare Act of 2006 results to rampant
cases of heinous crimes involving Youths in our country.

A. It is stated that the Juvenile Justice and Welfare Act of 2006 in Section 2
under Governing Policies enacted by the Senate and House of
Representatives of the Philippines in Congress on the 25th day of July, 2005
that the following State Policies shall be observed at all times:
1. That the State recognizes the vital role of children and youth in nation
building and shall promote and protect thier physical, moral, spiritual,
intellectual and social well-being.
2. That the State shall protect the best interests of the children through
measures that will ensure the observance of international standards of
child protection, especially those to which the Philippines is a party.
3. That the State likewise recognizes the right of children to assistance.

4. That the State recognizes the right of every child alleged as, accused
of, adjudged of, or recognized as having infringed the penal law
pursuant to Article 40 of the United Nations Convention on the Rights
of the child.
5. That the administration of the Juvenile Justice and Welfare System
shall take into consideration the culture and religious perspectives of
the Filipino people.
6. That the State shall apply the principles of restorative justice in all its
laws, policies and programs applicable to children in conflict with the
law.
 B. These state policies of Juvenile Justice and Welfare Act of 2006 are
completely opposed to the organizations not in favor to the law, which
preaches the following:
1. That, in the society, there should be equality in justice.
2. That, all persons, regardless of their age, who commits crimes should
be subjected to the appropriate proceedings in accordance with the
law.
3. That these state policies will result to myriad unclosed cases wherein
Youths are involved.

C. The Juvenile Justice and Welfare Act of 2006 creates chaos, doubts and
intrigues to the people who are not totally informed on the real purpose of this
Law when in fact, that:
1. The Department of Social Welfare and Development (DSWD) and
Department of Justice(DOJ) unites to ensure the effective
implementation of this Act and coordination to different agencies
concerning Juvenile welfare.
2. These government agencies periodically developed a comprehensive
3 to 5 years national Juvenile Intervention Program, with the
participation of NGOs and youth organizations.
3. As a result, they formulate and recommend policies and strategies in
consultation with children for the prevention of Juvenile delinquency,
as well as for treatment and rehabilitation of Child in Conflict with the
Law.

II. Republlic Act 9344 or the Juvenile Justice and Welfare Act of 2006 is the First Law
that protects the rights of children in conlfict with the law.

III. The issue is: Will the maintaining of Juvenile Justice and Welfare Act of 2006 in one
constitution guarantee the general welfare of the people on our society?
This question must be decided be considering the following points, namely:
A. Is there a necessity for the maintaining of Juvenile Justice and Welfare
Act of 2006 in our constitution?
B. Will the maintaining of Juvenile Justice and Welfare Act of 2006 in our
constitution benefit the society?
 C. Is the maintaining of Juvenile Justice and Welfare Act of 2006
feasible?

IV. The negative side proposes to prove its case by establishing:

A. There is a necessity dor the maintaining of Juvenile Justice and
Welfare Act of 2006 in our constitution.
B. The maintaining of the Juvenile Justice and Welfare Act of 2006 in our
constitution will be beneficial to our society.
C. The maintaining of the Juvenile Justice and Welfare Act of 2006 is
feasible.
D. Juvenile Justice and Welfare System plays a big role in molding the
youth in becoming a more productive member of society.

DISCUSSION

I. There is a necessity for the maintaining of Juvenile Justice and Welfare Act of 2006
in our constitution because:
A. Every child in conlfict with the law deserves second chance for:
1. Even if they are influenced with different vises in the surroundings still
they have a chance to change and to avoid these vises.
2. Fifteen (15) years old is within the stage of adolescence the
transition age which is characterized by curiousity, try-outs and identity
crisis.
3. The child in conflict with the law can be guided and be lead to the right
direction.
B. The administration of Juvenile Justice and Welfare have the principles that
focuses on the right of the child in conflict with the law, but not limited for:
1. Right that the child should not be subjected to torture or other cruel,
inhumane or degrading treatment or punishment.
2. Right that the child should not be imposed a sentence of capital
punishment of life imprisonment, without the possibility of release.
 3. Right that the child has the right to testify as a witness in his/her own
behalf under the rule on examination of a child witness.
4. Right that the child has the right to have his/her privacy respected fully
at the stages of the proceedings.
5. Right that he/she has the right to probation as an alternative to
imprisonment, if qualified under the Probation Law.
C. Juvenile performs one of the most important role in the society for:
1. Youth are the hope of our nation.
2. The youth are the voice of our society.
3. Youth are the foundation for our economic development.

II. The maintaining of Juvenile Justice and Welfare Act of 2006 is benefecial to
our society because:
A. The child in conflict with the law that are protected by this Act will be given the
previlages and security, for:
1. The child in conflict with the law may take the form of an individual
treatment program which may include counseling, skills training,
education, and other activities that will enhance his/her psychological,
emotional and psycho-social well-being.
2. The child will be given the opportunity and chance, through alternative
child-friendly measure, to reform and be reintegated into their family
and community as a productive member of the society.
3. The child will be provided the opportunity to continue learning under an
alternative learning system with basic literary or non formal education
equivalency system.
B. The maintaining of this law will result to myriad positive impacts for:
1. The child in conflict with the law will not suffer in the jail and will be
given the chance to make their life better the second time around.
2. The child in conflict with the law will be secured and rehabilitated
through intervention programs.
3. The child in conflict with the law will be maintained in the custody of
his/her family to nature and rear them.
C. As a result of this impacts, the law makers will coordinate to agencies
concerned to the Juvenile Welfare for:
 1. The complainant will take consideration and understand the part of the
accused for this law is already implemented. It is the so called
Restorative Justice.
2. The child will suffer only Status Offences which includes curfew
violations, truancy parental disobedience and the like unlike with those
in adults.
3. The Government Organizatons and NGOs will provide care, treatment,
rehabilitation service for the child in conflict with the law.
III. The member of Juvenile Justice and Welfare Act of 2006 is feasible because:
A. Our government has different programs used as an instrument of Juvenile
deliquency for:
1. There are Community-Based-Programs provided in a community
setting and is develop for purposes of rehabilitation of the child in
conflict with the law and reintegration into his/her family and/or
community.
2. There are Diversion Programs that refers to the child in conflict with
the law is required to undergo after he/she is found responsible for an
offense without resorting to formal court proceeding.
3. We have Law Enforcement Officer that refers to a person in authority
or his/her agent as defined in Article 152 of the Revised Penal Code.
B. Juvenile deliquency can be prevented because the different sectors know
their role for:
1. The family will be responsible for the primary nurturing and rearing of
children which is critical in deliquency pervention.
2. The Educational System shall work together with families, community
organization and agencies in the prevention of juvelile deliquency and
in the rehabilitation and reintegration of child in conflict with the law.
3. The role of the mass media shall pay an active role in the promotion of
child rights, and deliquency prevention by relaying consistent
messages through a balanced approach.
C. A Juvenile Justice and Welfare Council is hereby created and attached to the
Department of Justice and placed under its administrative supervision and is
chaired by an undersecretary of the Department os Social Welfare and
Development for:
1. It aims to assist the cocerned agencies in the review and redrafting of
existing policies/regulation or in the formulation of new ones in line with
the provision of this Act.
 2. It is the primary agency to coordinate with and assist the LGU
concerned fort the adoption of a comprehensive plan on deliquency
prevention, annd to oversee its proper implementation.
IV. Juvenile Justice and Welfare System plays a big role in molding the youth in
becoming a more productive member of society for:
A. It is said to be the youths are the voice for our society:
1. Most organizations related to social events are runned by the youths.
2. Youth involvement are not new in the society especially in terms of
fairness and equality.
3. Youths are the vioce of the poor and weak; the shout of the degraded
and discriminated.
B. The youth nowadays are more creative and intelligent enough to handle
situation and be able to make wise decisions if they are guided well for:
1. Youths of today can be a responsible leader in the future.
2. Youths nowadays are more sensitive to the happenings in his/her
surroundings.
3. They have broad understanding on the current events in our country.
 CONCLUSION

I. The negative has proved its case by establishing the following:

A. There is a necessity for the maintaining of the Juvenile Justice and
Welfare Act of 2006 in our constitution because:
1. Every child in conflict with the law deserves second chance.
2. The administration of the Juvenile Justice and Welfare have the
principles that focuses on the right of the child in conflict with the law.
3. Juvenile performs one of the most important role in the society.

B. The maintaining of Juvenile Justice and Welfare Act of 2006 is beneficial

to our society because:
 1. The child in conflict with tha law that are protected by this Act will be
given the previleges and security.
2. The maintaining of this law will result to myriad positive impact.
3. As a result of ths impacts, the lawmakers will coordinate to different
agencies concerned to the Juvenile Welfare.

C. The maintaining of Juvenile Justice and Welfare Act of 2006 is feasible

because:
1. Our government has different programs used as an instrument against
Juvenile deliquency.
2. Juvenile deliquency can be prevented because the different sectors
know their roles.
3. A Juvenile Justice and Welfare Council is hereby created and attached
to he Department of Justice (DOJ) and placed under its administrative
supervision and is chaired by an undersecretary of the Department of
Social Welfare and Development (DSWD).

D. Juvenile Justice and Welfare System pays a big role in molding the youth
in becoming a more productive member of the society.
1. It is said that the youth are the voice of our society.
2. The youth nowadays are more creative and intelligent enough to
handle situations and be able to make wise decisions.

II. We in the negative side, therefore,strongly opposed that the Juvenile Justice
and Welfare Act of 2006 be repelled.

DEPARTMENT OF LIBERAL ARTS AND BEHAVIORAL SCIENCES

VISAYAS STATE UNIVERSITY
 VisCA Baybay City, Leyte 6521-A

ARGUMENTATIVE BRIEF ON THE

NEGATIVE SIDE OF THE
PROPOSITION

Submitted by:

Mary Angelle G. Cabardo

Cristina Sanchez

Threchia Ann Vallente

Submitted to:

Mrs. Perla Mirasol-Tan

1:00-2:30/TTH Class