In Defense of the Juvenile Justice and Welfare Act of 2006 Nina Patricia Sison-Arroyc™ Klarise Anne C. Estorninos™* I. INTRODUCTION... II. SALIENT FEATURES OF THE JUVENILE JUSTICE & WELFARE ACT OF 200: . Child in Confit with the Law Presumption of Minority Minimum Age of Criminal Responsibility Intervention Diversion Detention as a Last Resort Decriminalization of Certain Offenses Automatic Suspension of Sentence Exemption fiom the Application of the Death Penalty Roles of the Local Government Units TI. RESPONSE TO PREVAILING ISSUES... International Standards on the Minimum Age of Criminal Responsibility Analysis of the Philippine MACR Alleged Increase in Crimes Committed by Children . Absence or Lack of Intervention and Diversion Programs IV. CONCLUSION. 881 883 TE ROmMMSORE By SOP I. INTRODUCTION The Juvenile Justice and Welfare Act of 2006" (JJWA) is the first comprehensive legislation addressing the administration of juvenile justice in * "97 JD., Ateneo de Manila University School of Law. The Author is the Director of Adhikain para sa Karapatang Pambata (AKAP), the child rights desk of the Ateneo Human Rights Center. She is also the Assistant Director of the Ateneo Legal Service Center. Her previous work in the Jounal is Responsive Law Enforcement Approach to Combating Child Trafficking, 52 ATENEO L.J.837 (2008). +** "11 ].D., Ateneo de Manila University School of Law. She was a recipient of the Bobby Gana Service Award. She is currently the Program Officer of AKAP. Cite as 36 ATENEO L.J. 881 (2012)B82 ATENEO LAW JOURNAL [voL. 56:881 the Philippines. Prior to its enactment, the age of criminal responsibility of children, their treatment during arrest, detention, and judgment, and other procedural matters involving children suspected or found guilty of committing a crime were dealt with by different laws and rules, such as the Revised Penal Code,? The Child and Youth Welfare Code,3 The Family Courts Act of 199744 The Comprehensive Dangerous Drugs Act of 2002,5 the Rule on the Examination of a Child Witness,° and the Rule on Commitment of Children.7 Prior to R.A. 9344,° a child in conflict with the law was generally treated in the same manner as an adult suspected of or adjudged as having committed a crime. The child had to undergo the regular criminal procedure from inquest or preliminary investigation, to trial and judgment, and he or she could be detained in jail pending trial. But pre-existing legislation already recognized to a certain extent that children should be afforded special protection when they come in conflict with the law. The Revised Penal Code, for instance, provided that children nine years of age or less were incapable of committing a crime and thus, were absolutely exempted from criminal liability2 Children between nine and 15 years old were imputed with conditional responsibility; that is, they could be held criminally liable if 1. An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile Justice and Welfare Council Under the Department of Justice, Appropriating Funds therefor and for Other Purposes [Juvenile Justice and Welfire Act of 2006], Republic Act No. 9344 (2006). 2, An Act Revising the Penal Code and Other Penal Laws [REVISED PENAL Cope], Act No. 3815 (1932) 3. THECHILD AND YOUTH WELFARE CODE, Presidential Decree No. 603 (1974). 4 An Act Establishing Family Courts, Granting them Exclusive Original Jurisdiction over Child and Family Cases, Amending Batas Pambansa Bilang, 129, as Amended, Otherwise Known as The Judiciary Reorganization Act Of 1980, Appropriating Funds therefor and for Other Purposes [Family Courts Act of 1997], Republic Act No. 8369 (1997) 5. An Act Instituting the Comprehensive Dangerous Drugs Act of 2002, Repealing Republic Act No. 6425, Otherwise Known as the Dangerous Drugs ‘Act Of 1972, as Amended, Providing Funds therefor, and for Other Purposes [Comprehensive Dangerous Drugs Act of 2002], Republic Act No. 9165 (2002), 6. RULE ON EXAMINATION OF A CHILD WITNESS, A.M. No. 004-07-SC, Dee. 15, 2000. 7. RULEON COMMITMENT OF CHILDREN, A.M. No. 02-1-19-SC, Apr. 15, 2002. 8, Juvenile Justice and Welfare Act of 2006 9. REVISED PENAL CODE, art. 12, 92.2012] JUVENILE JUSTICE AND WELFARE ACT. 883 they acted with discernment." The Child and Youth Welfare Code allowed certain procedural adjustments, including the suspension of sentence instead of pronouncement of judgment, and the commitment of a child to the custody and care of the Department of Social Welfire and Development (DSWD), any training institution operated by the government, duly licensed agencies, or any other responsible person in lieu of prison." Six years since the TWA took effect, several issues have been raised concerning the wisdom of the law and the challenges in its implementation. Several bills in both the Senate and the House of Representatives seek to amend the law. The most controversial aspect is the Minimum Age of Criminal Responsibility (MACR), which the TWA has raised from above nine to above 15 years old. Majority of the bills propose to lower the MACR. But do the issues justify an amendment of the law or are they more about society’s openness to administer justice in a manner that goes against the grain of traditional views and practices? I, SALIENT FEATURES OF THE JUVENILE JUSTICE & WELFARE ACT OF 2003 The Philippines took a progressive step from a largely retributive towards a more restorative? and child-oriented juvenile justice system when it enacted R.A. 9344. The law adopts measures for dealing with children in a manner appropriate to their well-being without resorting to judicial 10, [a art. 12, 43 & LUIS B. REYES, THE REVISED PENAL CODE BOOK ONE 215 (1993). 11, THECHILD AND YOUTH WELFARE CODE, art. 192. 12. According to R.A. 9344, “Restorative Justice’ refers to a principle which requires a process of resolving conflicts with the maximum involvement of the vietim, the offender and the community; it seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. Juvenile Justice and Welfare Act of 2¢06, § 4 (q). See also Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters, E.S.C. Res. 2000/14, at 37, U.N. Doc. E/200e/INF/2/Add.2 (July 27, 2000). It defines a “restorative process” as “any process in which the victim, the offender and/or any other individuals or community members affected by a crime actively participate together in the resolution of matters arising from the crime, often with the help of a fair and impartial third party.” Ja,884 ATENEO LAW JOURNAL [von 56:881 proceedings." This is in consonance with the United Nations Convention on the Rights of the Child't (CRC), which provides that — States Parties recognize the right of every child alleged as, accused of, or recognized as having. inffinged the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child's reintegration and the chile’s assuming a constructive role in society.!5 A. Child in Conflict with the Law R.A. 9344 introduces the term “child in conflict with the law” (CICL), which is defined as “a child who is alleged as, accused of, or adjudged as, having commited an offense under Philippine laws.” The old terminologies were “youthful offender” and “juvenile delinquent,” which tend to stigmatize the child as a criminal. According to the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Rivadh Guidelines),"7 the predominant view of experts is that “labelling a young person as ‘deviant,’ ‘delinquent,’ or ‘pre-delinquent’ often contributes to the development of a consistent pattern of undesirable behaviour by young persons.”"’ The commentary to the United Nations Standard Minimum Rules on the Administration of Justice (Beijing Rules): indicates that research has provided evidence of the detrimental effects of labelling children as delinquent or criminal 2° The change in language signifies a shift in the way Philippine law views children who are accused of, alleged as, or adjudged as having committed a crime, as demonstrated by the Senate deliberations on the matter: 13. Seeuvenile Justice and Welfare Act of 2006, § 2 (b) 14. Convention on the Rights of the Child, adopted Nov. 20, 1989, 1577 U.N.T.S, 3 {hereinafter CRC}. 15. Ta art. 4091. 16, Juvenile Justice and Welfire Act of 2006, § 4 ()- 17, United Nations Guidelines for the Prevention of Juvenile Delinquency (Che Riyadh Guidelines), G.A. Res. 45/112, ULN. Doc. A/RES/4s/112 (Dec. 14, 1990). 18. la G5 19, United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), G.A. Res. 40/33, U.N. Doc. A/RES/4c/33 (Nov. 29, 1985) [hereinafter The Beijing Rules} 26, U.N, OFFICE ON DRUGS AND CRIME, COMPENDIUM OF UNITED NATIONS STANDARDS AND NORMS IN CRIME PREVENTION AND CRIMINAL JUSTICE $7 (2006) {hereinafter COMPENDIUM IN CRIMINAL JUSTICE],