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Photo from CNN Special Report on Child Prisoners (From YouTube https://www.youtube.com/watch?

v=n6mymIXzTW8)
Philippine Juvenile Justice Law:
A Decade of Challenges and Beyond.

Araceli Habaradas | 02 September 2016 | Philippine Update 2016


CNN Report. August 2005.
Clip from YouTube (https://www.youtube.com/watch?v=n6mymIXzTW8)
Juvenile Justice Law signed. May 2006.
• 15 yrs old & below-
exempt from criminal
• 9 yrs old & below- liability
exempt from criminal • Above 15 yrs old up to
liability below 18 yrs old-
• Above 9 yrs old up to 15 criminal liability if acting
yrs old- criminal liability with discernment
if acting with
discernment

Key changes in juvenile justice system.


• minors generally • alternative, child-appropriate
subjected to same processes
treatment given adults • intervention conferences or
suspected/adjudged of diversion proceedings
committing crimes • trial in limited cases; if trial,
(inquest/investigation, automatic suspension of
trial, detention etc) sentence
• retributive, punitive • restorative justice
justice

Key changes in juvenile justice system.


• limited period of custody
with law enforcement officer
(8 hours)
• refer immediately to social
worker
• police custody; • youth care facilities or
possible detention return to family
pending trial • alternative measures
• possible judgment of pending trial; detention only
imprisonment last resort
• intervention or diversion
programs
Key changes in juvenile justice system.
• claimed increase in number of crimes
committed by minors

• adults using children to commit crimes;


vulnerability to syndicates

• minors emboldened; no accountability;


impunity

Challenges. Criticisms.
Mayor Duterte in 2007:
• makes children grow up ‘without a sense of accountability
since they are not punished for crimes they commit.’
• ‘…stupid copycat of the American legislation as well as
European laws without an in-depth study…’
• Philippines not having the financial capacity to establish
rehabilitation centers for youth offenders compared to
other countries
• social welfare department not having enough facilities to
take in the children
• children exempt from liability are released without
undergoing necessary intervention programs

• immediate turn over by police of minors to social workers


but social welfare department lacking ability to assume
responsibility

Challenges. Criticisms.
Proposals of critics. From 2010 to 2013.
• children ages 12 to 15 still exempt but not returned to
parents/community immediately if:
• serious crimes committed
• repeat offenders
• found dependent, abandoned, neglected or abused

• creation, funding and operation of ‘Bahay Pag-Asa’ (youth


care facility) in local government units
• Intensive Juvenile Intervention & Support Center
• allocation of 400M for youth care facilities in cities with high
CICL incidence
• maximum penalty for adults using children for crimes

Law amended. November 2013.


#Du30 #changeiscoming
#PHVote2016 #Du31
• The law is “stupid”
• It “ushered in a new generation of criminals.”
• “…has not helped the country at all and instead
promoted criminality.”
• Law enforcers having a hard time dealing with minors
who violate the law because the law only allows the
police to turn over the suspects to social workers.

In his presidential campaign last Dec 2015.


• Adult criminals ‘knowingly and purposely make use of
youth’ to commit crimes…
• The law is ‘pampering’ minors who commit crimes
‘knowing they can get away with it.’ They should be taught
to accept responsibility for their actions and words ‘as early
as possible, and not to unduly pamper them with impunity
from criminal responsibility upon reaching the age of nine.’
• Most children above nine years old, ‘especially in these
times when all forms and manner of knowledge are
available through the internet and digital media, are already
fully informed and should be taught that they are
responsible for what they say and do…’

Proponents of lowering age of criminal


responsibility. July 2016.
• promotion of criminality

• adults/syndicates using children

• impunity

• accountability of minors

• minors know what they are doing


and must be held responsible
• data to support claims of rising number of incidents
involving children in conflict with the law?

• evidence confirming increased use by adults /


syndicates of minors to commit crimes?
Year 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Child 5,657 3,283 2,644 2,471 1,955 1,825 2,158 2,735 4,246 5,318 5,308

Adult 85,776 83,704 77,253 76,758 71,226 65,944 66,846 502,665 324,083 246,958 217,836

Total 91,433 86,987 79,897 79,227 73,181 67,769 69,004 505,400 328,329 252,276 223,114

% of child
vs. adult 6.2% 3.7% 3.3% 3.1% 2.6% 2.6% 3.1% .5% 1.3% 2.1% 2.4%

Children in Conflict with the Law vs. Adults


Based on incidents reported (not headcount)
January 2002 – December 2012, Philippine National Police
2002 2003 2004 2005 2006 2007 2008 2009 2010 8/2011

Below 9 yrs 59 36 37 23 13 12 40 49 32 14

9-15 yrs 902 869 501 346 293 1057 889 797 58 102

Total 961 905 538 369 306 1069 929 846 90 116

16-17 yrs 4696 2378 2106 2102 1649 756 1229 1889 4156 5202

Total crimes by 5657 3283 2644 2471 1955 1825 2158 2735 4246 5318
children

% 15 yrs & below 16% 27.5% 20% 14.9% 15.6% 58.5% 43% 30.9% 2.1% 2.2%

Reported crimes of children by age bracket


% of 15 years and below to total crime
January 2002 – December 2011 (PNP)
• maximum penalty for adults using children in crimes

• existing laws vs child abuse

• laws on voluntary/involuntary commitment of child


• exempt from criminal liability but not civil liability
• intervention programs to prevent reoffending
• diversion includes ensuring child realizes accountability
and guiding child to take responsibility to repair harm
• intensive intervention programs in youth care facilities for
children 12 to 15 yrs old who commit serious offenses or
are repeat offenders
• documented cases of reformation and reintegration
• 1997 study finding age of discernment of in-school
Filipino children: 15 years old
• 2002 research showing age of discernment of out-of-
school Filipino children: 18 years old
• Convention on the Rights of the Child on minimum age
• implementation concerns since 2006
• capability of duty bearers
• preparedness of local governments
• infrastructure

• law as amended in 2013 not yet fully implemented


• budgetary allotment
• youth care facilities
• intensive juvenile intervention and support

• information, education
• on when children have discernment

• on how to discourage children from offending

• on making children accountable

• restorative vs retributive, punitive system


what change in the juvenile justice system is needed?

is changing the law necessary?

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